August 3, 2015 Birdseye Farming, Inc. J. Michael Wilson 102 Plaza de Luke Square Clayton, NC 27527 Docket Operations, M-30 U.S. DepartmentofTransportation 1200 NewJersey Ave., SE Room W12-140 West Building Ground Floor Washington, DC 20590-0001 Re: Petition toAmend Exemption No. 12015 Issued to Birdseye Farming, Inc Pursuantto Section 333 of the FAA Reform Act (Docket No. FAA-2015-1399) Dear Sir or Madam: James Michael Wilson, President of Birdseye Farming, Inc. was issued Exemption No. 1201SpnJuly 13, 2015 (hereinafter "the Exemption"), allowing operation ofthe DJI Phantom for aerial dai:a·.c;'bllectfon for precision agriculture and precision surveying. Birdseye hereby requests an amendmentto the Exemption to add an additional UAS vehicle thatfully complies with the conditions ofthe Exemption. The requested exemption would permit Birdseye Farming to pursue its commercial interests in providing services to clients using asmall advanced UAS in the following areas: Real Estate Marketing, Surveying, Industrial, Special Events, Utility Inspection, Local and National Natural and Man Made Disaster, and Rescue. Birdseye Professionals states that all UAS flights will occur over private or controlled access property and will do so with the propertyowner's consent and knowledge and that only people who have consented or otherwise have agreed to be in the area where videography will take place. Birdseye Farming seeks to operate the DJI Phantom 1, DJI Phantom 

### 2Vision, DJI Phantom 

### 2Vision+, DJI Phantom 3 Professional and Advanced Models, and future Phantom iterations (hereinafter "Phantom") underthe same conditions and limitations contained in the Exemption. Birdseye Farming will revise its UAS Operations Manual to include the DJI Phantom series. If requested, Birdseye Farming will submita revised copy ofthe UAS Operations Manual to theAdministrator underseparate cover pursuant to 14 C.F.R. § 11.35(b), as the materials contain confidential commercial and/or proprietary information that Birdseye Farming has notand will notshare with others. Additionally, the document contains operating conditions and procedures that are not generally available tothe public and are protected from release underthe Freedom of Information Act, 5 U.S.C. § 552 etseq. All operations ofthe additional UAS will be in full compliance with the terms ofthe Exemption.Birdseye Farming believes thatan amendmentadding the Phantom to the Exemption is in the public's interestas itwould reduce hazards and emissions associated with alternate use of manned aircraftto conduct similar aerial data collection. As this is an amendmentto an existing exemption seeking the addition ofsupplementary UAS model that is substantially similarto the one currently authorized for use underthe Exemption, Birdseye Farming respectfully submitsthatgood cause exists so that notice does not need to be published in the Federal Register forthe requested amendment. Operations underthe exemption will be subject to strictoperating requirements and conditions to ensure at least an equivalent level ofsafetyto currently authorized operations using manned aircraft and underconditions as may be modified by the FAA as required by Section 333. As described more fully below, the requested exemption would authorize commercial operations of aerial surveys using the Phantom, which with a maximum take-offweightof5.5 lbs. is small in size. The Phantom will be operated under. controlledconditions at low altitude in airspace that is limited in scope,

· as described more fully herein; itwill have automated control features, as described herein. The

Phantom also will be operated by an indrvidual possessing a private pilot certificate. Finally, the airspace in which the UAS will operate will be disclosed to the FAA in advance. Birdseye Farming respectfully submitsthat because this small, unmanned aerial vehicle- the Phantomwill be used in lieu ofcomparatively hazardous operations now conducted with fixed wing and rotary conventional aircraft, the FAA can have confidence thatthe operations will achieve at least an equivalent level orgreater level ofsafety;,Approval ofthis exemption would thereby enhance safety and fulfill the Secretary ofTransportation's (the FAA Administrator's) responsibilities underSection 333(c) ofthe Reform Act to "establish requirements forthe safe operation ofsuch aircraftsystems in the national airspace system."

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### 14 CFR 11.81 (a)- Nameand address ofthe Petitioner: Birdseye Farming, Inc. 102 Plaza de Luke Square Clayton, NC 27527 Phone: 704-500-3733 E-mail: mwilson822@gmail.com The regulations from which the exemption is requested are as follows: 14 CFR Part 21 Subpart H 14 CFR Part 45.23 (b) 14 CFR Part 61.113 (a) and (b)14 CFR Part 91.7 (a) 14 CFR Part 91.9 (b) 14 CFR Part 91.109(a) & 91.319(a)(1) 14 CFR Part 91.119 (c) 14 CFR Part 91.121 14 CFR Part 91.151 (a) 14 CFR Part 91.203 (a) 

### & (b) 14 CFR Part 91.405 (a) 14CFR Part 91.407 (a)(1) 14CFR Part 91.409 (a)(2) 14 CFR Part 91.417 (a) & (b)

Appendix A discusses each rule listed above and explains why exemptions pursuantto the proposal set forth in this letterare appropriate, provide an equivalent level ofsafety, and are in the public interest. Appendix Bprovides the requisite Federal Register summary THE APPLICABLE LEGAL STANDARD UNDER SECTION 333 Birdseye Farming submits that grant ofthis exemption application for use ofthe Phantom in precision aerial surveys will advance the Congressional mandate in Section 333 ofthe Reform Act to accelerate the introduction of UASs intothe national airspace system ("NAS") ifitcan be accomplished safely. This law directs the Secretary ofTransportation to consider whethercertain UASs may operate safely in the NAS before completion ofthe rulemaking required under Section 332 ofthe Reform Act. In making this determination,the Secretary is required to determinewhich types of UASs do not create a hazard to users ofthe NAS orthe public or pose athreatto national security in lightofthe following:

• The UAS's size, weight, speed, and operational capability; • Operation ofthe UAS in close proximityto airports and populated areas; and • Operation ofthe UAS within visual line ofsight ofthe operator. Reform Act§ 333(a)(1). Ifthe Secretary determinesthatsuch vehicles "mayoperate safely in the national airspace system, the Secretary shall establish requirements forthe safe operation ofsuch aircraft in the national airspace system." ld. §333(c) (emphasis added). The Federal Aviation Act expressly grants the FAA the authorityto issue exemptions. This statutory authority, by its terms, includes exempting civil aircraft, as the term is defined under§ 40101 oftheAct, from the requirementthatall civil aircraft must have a current airworthiness certificate and those regulations requiring commercial pilots to operate aircraft in commercial service: The Administrator may grant an exemption from a requirement ofa regulation prescribed under subsection (a) or (b) ofthis section or any ofsections 44702-44716 ofthis title iftheAdministratorfinds the exemption is in the public interest.The grant ofthe requested exemption is in the public interest based on the clear direction in Section 333 ofthe Reform Act; the additional authority in the Federal Aviation Act, as amended; the strong equivalent level ofsafety surrounding the proposed operations; and the significant public benefit, including enhanced safety and cost savings associated with transitioning to UASs for Real Estate Marketing, Surveying, Industrial, Special Events, Utility Inspection, Local and National Natural and Man Made Disaster, and Rescue. Accordingly, the applicant respectfully requests thatthe FAA grantthe requested exemption without delay. AIRCRAFT AND EQUIVALENT LEVEL OF SAFETY The applicant proposes that the exemption requested herein applyto civil aircraftthat have the characteristics and that operate with the limitations listed herein. These limitations provide for at least an equivalentor even higher level ofsafety to operations underthe current regulatory structure because the proposed operations represent asafety enhancementto operations thatwould be conducted with conventional aircraft. These conditions are drawn from Exemptions 11062 through 11067, 11080, 11109, 11110and 11345. These limitations and conditions to which Birdseye Farming (or "operator") agrees to be bound when conducting commercial operations underan FAA issued exemption include: 

### 1. Operations ofthe Phantom are limited to the aircraftdescribed in theattached manuals, which is a miniature propeller airplane built by DJI thatweighs less than,six pounds (the "UA" or "UAS"). Proposed operations ofany other aircraftwill require a new petition or a petition to amend this grant.6 2. The UA may not be flown at an indicated airspeed exceeding 50 knots. 3. The UA may be operated at an altitude of no morethan 400 feet above ground level ("AGL"), as indicated by the procedures specified in the attached manuals. All altitudes reported to Air Traffic Control ("ATC") must be in feetAGL. 4. The UA must be operated within visual line ofsight ("VLOS") ofthe pilot-in-command ("PIC") atall times. This requires the PIC to be able to use human vision unaided by any device other than corrective lenses, as specified on the PIC's FAA-issued airman medical certificate. 5. The manuals must include all conditions and limitations required by the FAA. The manuals must be maintained and made available tothe Administrator upon request. Ifa discrepancy exists between the conditions and limitations in the exemption and the procedures outlined in the manuals, the conditions and limitations in the exemption take precedence and must be followed. Otherwise, the operator mustfollowthe procedures as outlined in the manuals. 6. Priorto each flight, the PIC must inspectthe UAS to ensure it is in a condition for safe flight. If the inspection reveals acondition thataffects the safe operation ofthe UAS, the aircraft is prohibited from operating until the necessary maintenance has been performed, and the UAS is found to be in a condition for safe flight. The ground control station must be included in thepreflight inspection. All maintenance and alterations must be properly documented in the aircraft records. 7. Any UAS that has undergone maintenance or alterationsthat affectthe UAS operation or flight characteristics, e.g., replacement ofaflight critical component, must undergo afunctional testflight in accordance with the operator's manual. The PIC who conducts thefunctional test flight must make an entry in the UAS aircraft records oftheflight. The manuals includethis requirement. 8. The preflight inspection section in the manuals includes thefollowing requirement: the preflight inspection mustaccount for all discrepancies, i.e., inoperable components, items, or equipment, not covered in the relevant preflight inspection sections ofthe operator's manual. 9. The operator mustfollow DJI UA aircraft/component, maintenance, overhaul, replacement, inspection, and life limit requirements, with particularattention toflight critical components that may not be addressed in the manufacturer's manuals. 10. Operator must carry out its maintenance, inspections, and record keeping requirements in accordance with the manuals. Maintenance, inspection, and alterations must be noted in the aircraft logbook, including total flight hours, description ofworkaccomplished, and the signature ofthe authorized technician returning the UAS to service. 11. The authorized technicians must receive and documenttraining referenced in the manuals. 12. Each UAS operated underthe exemption must complywith all DJI system and safety bulletins. 13. Operator's maintenance personnel must make a record entry in the UAS logbook or equivalent document ofthe corrective action taken against discrepancies discovered between inspections. 14. The PIC must possess at least a private pilotcertificate and athird-class airman medical certificate. The PIC must also meettheflight review requirements specified in 14 C.F.R. 61.56 as tothe UAS. 15. The operator may not permitany PIC to operate unless that PIC has demonstrated through DJI training and currency requirements thatthe PIC is able to safely operate the UA in a manner consistent with howthe UAS will be operated underthis exemption, including evasive and emergency maneuvers and maintaining appropriate distances from people, vessels, vehicles, and structures. 16. Ifthe UAS loses communications or loses its GPS signal, the UA must return to a predetermined location within the private orcontrolled-access property and land or be recovered in accordance with the manuals.17. The PIC must abortthe flight in the event of unpredicted obstacles or emergencies in accordance with the manuals. 18. The PIC is prohibited from beginning a UAS flight unless (considering wind and forecast weather conditions) there is enough powertofly to the first point of intended landing and, assuming normal cruising speed, tofly afterthat for at least 10 minutes. 19. All aircraft operated in accordance with the exemption must be identified by serial number, registered in accordance with 14 C.F.R. part 47, and have identification (N-Number) markings in accordance with 14 C.F.R. part45, Subpart C. Markings must be as large as practicable. 20. Before conducting operations, the radio frequency spectrum used for operation and control ofthe UA must comply with the Federal Communications Commission ("FCC") or other appropriate government oversight agency requirements. 21. The documents required under 14 C.F.R. 91.9 and 91.203 must be available to the PIC atthe ground control station ofthe UAS anytimethe aircraft is operating. These documents must be made available to the Administrator or any lawenforcement official upon request. 22. The UA must remain clear and yield the right ofwayto all other manned operations and activities at all times (including, but not limitedto, ultralightvehicles, parachute activities, parasailing activities, hang gliders, etc.). 23. The UAS may not be operated by the PIC from any moving device orvehicle. 24. UAS operations may not be conducted during night, as defined in 14C.F.R. 1.1. 25. All operations shall be conducted in Class Gairspace. 26. All operations must be conducted undervisual meteorological conditions ('VMC"). The UA may not be operated less than 500 feet below or less than 2,000 feet horizontallyfrom acloud orwhen visibility is less than 3 statute miles from the PIC. 27. During operations in Class Gairspace, the UA may not operate within 5 nautical miles ofthe geographic center ofan airport as denoted on a current FAA-published aeronautical chart unless a letter ofagreementwith that airport's management is obtained, and the operation is conducted in accordance with a NOTAM as required bythe operator's COA. The letter of agreementwith the airport management must be made available totheAdministrator upon request. 28. The UA may not be operated over congested or densely populated areas unless the conditions set forth in #29 are satisfied. These populated areas include, butare not limitedto, the yellow areas depicted on World Aeronautical Charts ("WAC"), Sectional Aeronautical Charts ("Sectionals"), orTerminal Area Charts ("TAC"). However, aeronautical charts may not reflectpertinent local information. Ultimately, it is the PIC's responsibilityto maintain the minimum safe altitudes required by§ 91.119. 29. Operations must be conducted at least 500 feetfrom all nonparticipating persons (persons otherthan the PIC orVO), vessels, vehicles, and structures unless:

a. barriers orstructures are presentthat sufficiently protect nonparticipating persons from debris in the event ofan accident. The operator mustensure that nonparticipating persons remain undersuch protection. Ifa situation arises in which nonparticipating persons leave such protection and are within 500 feet ofthe UA, flight operations must cease immediately; and/or b. the aircraft is operated near vessels, vehicles, orstructures where the land owner/controller has granted permission and the PIC has made asafety assessment of the risk ofoperating closerto those objects; and

c. operations nearthe PIC do not present an undue hazard to the PIC, per§ 91.119(a). 30. All operations shall be conducted over private or controlled-access propertywith permission from the land owner/controller or authorized representative. Permission from land owner/controller orauthorized representative will be obtained for each flightto be conducted. 31. In the event COAs are required, any incident, accident, orflight operation that transgresses the lateral orvertical boundaries ofthe operational area as defined by the applicable COA must be reported to the FAA's UAS Integration Office ("AFS-80") within 24 hours. Accidents must be reported to the National Transportation Safety Board ("NTSB") per instructions contained on the NTSB Web site: www.ntsb.gov. 

### ******** Privacy. All flights will occur over private or controlled access property with the propertyowner's prior consent and knowledge. Inspection will be in areas where the owners will have consented tothe inspections orotherwise have agreed to allowthe UAS and the operatorto be in the area where inspection will take place. National Security. No national security issue is raised by the grant ofthis exemption. Given the size, load carrying capacity, speed atwhich itoperates, and the fact that itcarries no explosives or other dangerous materials, the Phantom poses no threatto national security. 

### ******** In summary, Birdseye Farming seeks an exemption from the FARs setforth in AppendixAto operate commercially asmall unmanned vehicle (55 lbs. or less) in aerial survey operations. Approval ofthis exemption for commercial aerial survey operations will enhance safety by reducing risk. Conventional operations, usingjetor piston powered aircraft, operate at extremely low altitudesjustfeetfrom the subject being inspected and in extreme proximity to people and structures. Such manned operations presentthe risks associated withvehicles thatweigh in excess of6,000 lbs., carrying large amounts ofjetA or otherfuel. Such aircraft mustfly to and from the project location. In contrast, a sUAS weighing fewerthan six lbs. and powered by batteries eliminates virtually all ofthat risk given the reduced mass and lack ofcombustible fuel carried on board. The sUAS is carried tothe targetarea and notflown. The sUAS will carry no passengers or crew and, therefore, will notexpose them to the risks associated with manned aircraftflights. The operation ofsmall UASs, weighing less than six lbs., conducted in the strict conditions outlined above, will provide an equivalent level ofsafety supporting the grant ofthe exemptions requested herein. These lightweightaircraft operate at slow speeds, close to the ground, and in areas that are underthe control ofthe customer. As a result, they arefar saferthan conventional operations conducted with manned aircraft operating in close proximitytothe ground and people. Satisfaction ofthe criteria provided in Section 333 ofthe Reform Act of2012- size, weight, speed, operating capabilities, proximityto airports and populated areas, and operation within visual line of sight and national security- provide morethan adequatejustificationforthe grantofthe requested exemptions allowing commercial operation ofapplicant's UAS forthe Purposes outlined herein and are consistent with exemptions already granted, including Exemptions 11345, 11062through 11067, 11080, 11109 through 11112, and 11114.

### APPENDIX A EXEMPTION REQUEST AND EQUIVALENT LEVEL OF SAFETY SHOWINGS UNDER APPLICABLE RULES SUBJECTTO EXEMPTION Birdseye Farming requests an exemption from the following regulations as well as any additional regulations that may technically applytothe operation ofthe Phantom: 14C.F.R. § 21 Subpart H 14 C.F.R. § 45.23 (b) 14 C.F.R. § 61.113(a) 

### & (b); 14 C.F.R. § 61.133(a); 14C.F.R. § 91.7(a); 14C.F.R. § 91.9 (b) 14C.F.R. § 91.109(a) 

### &91.319(a)(1); 14C.F.R. § 91.119(c); 14 C.F.R. § 91.121 14 C.F.R. § 91.151(a); 14C.F.R. § 91.203 (a) & (b): 14C.F.R. § 91.4DS(a); 14C.F.R. § 91.407(a)(1); 14C.F.R. § 91.409(a)(2); 14C.F.R. § 91.417(a) 

### & (b) 

### 14 CFR Part 11.81 (c)- The extent of relief BIRDSEYE FARMING seeks, and the reason BIRDSEYE FARMING seeks the relief: Birdseye Farming seeks relief pursuantto this exemption from applicable parts ofthe Federal Aviation Regulations and other rules/regulations to the extent necessary to permitcivil flight operations within the national airspace. Birdseye Farming seeks authorization to conduct small UAS flight operations within the perimeters ofthis exemption request.14CFR Part 21 Subpart H {Airworthiness Certificates) Birdseye Farming seeks to utilize the DJI Phantom UAS platform underthis exemption request. This UAS platform has gained substantial operational maturityvia several FAA approved Certificates of Authorization. It has a proven safety record (and a maximum take-offweight of5.5 pounds) and has demonstrated that its operations would notadversely affect safety compared to similar aircraftthat have been issued an airworthiness certificated under 14CFR Part 21, Subpart H. Should the FAA approve this exemption request and determinethatan airworthiness certificate is not required, noise certification and testing under 14CFR Part 36 will also not be required for the UAS forthe term ofthe exemption. 14CFR Part 45.23 {b) {Display of Marks: General) Michael, as the petitionerseeks relieffrom Part45.23 (b) requiring markings on certain sections ofthe aircraft and markings ofa certain size. BIRDSEYE FARMING will registertheir UAS in compliance with 14 CFR Part 47 and obtain N# registrations and will place that N# registration on the UAS as large as practicable due to the UAS small size. 14CFR Part 61.113 (a) and {b) {Private Pilot Privileges and Limitations: Pilot in Command) Section 61.113(a) & (b) limit private pilots to non-commercial operations. Unlike a conventional aircraft thatcarries a pilot, passengers, and cargo, the Phantom in this case is remotely controlled with no passengers or property ofothers on board. Section 61.133(a) requires an individual with a commercial pilot's license to be pilot in command ofany aircraftfor compensation or hire. Birdseye Farming respectfully proposes that operator requirements should take into accountthe characteristics ofthe particular UAS. DJI Phantom has a high degree ofpre-programmed control and various built-in technical capabilities that strictly limitthe potential for operation outside ofthe operating conditions set forth in the exemption application. The Phantom has an autonomous navigation and control system. Flights are preprogrammed with precision GPS guidance and do not require human intervention. In the case of unplanned events, the operator can manually intervene to take one ofthe following actions: (i) command the aircraftto begin to autonomously return to the recovery area and land; 

### (ii) command the aircraftto autonomously return tothe recovery area where the pilotwill assume control and land the aircraft; or (iii) manually assume control ofthe aircraftvia the hand controller and return the craftto the recovery area wherethe operator lands it. Additional automated safety functions and safety enhancing features ofthe Phantom include the following:

• Auto-pilot detection of lost GPS or of insufficientsatellites initiates a stand-by loiter pattern until such time as GPS is re-established orthe PIC assumes manual control ofthe aircraft. • Low battery power on the aircraft (10.4volts) triggersthe landing sequence and the craftwill fly to the recovery area.• Ifthe auto-pilotdetects a lost-linkto the ground control station for longerthan 30 seconds, landing procedure begins. • The aircraft, weighing fewerthan 6lbs., fully loaded, is constructed offoam, which is intended to absorb impact energy. • In the eventthe ground station reaches a low power state, itwill alertthe pilot. Given these safetyfeatures, Birdseye Farming proposes that operators ofthe Phantom should not be required to hold acommercial pilotcertification. Instead, operators should be required to hold only a private pilot certification. The risks associated with the operation ofthe Phantom (given its size, speed, operational capabilities, and lack ofcombustible fuel) are so diminished from the level of risk associated with commercial operations contemplated by Part 61 with conventional aircraft (fixed wing or rotorcraft) that allowing operations ofthe UAS as set forth above meets or exceeds the present level ofsafety provided under 14 C.F.R. § 61.113(a) & (b) and does not rise to the level ofrequiring a commercial pilotto operate the aircraft under§ 61.133(a). Given these conditions and restrictions, an equivalent level ofsafety will be provided by allowing operation ofthe Phantom with a private pilot's certificate, under the conditions setforth in the exemption request. The FAA has granted exemptions to conduct similar operations in Exemptions 11062 through 11067, 11080, 11109, and 11110. 14CFR Part 91.7 (Civil Aircraft Airworthiness) This regulation requires that no person may operate a civil aircraft unless it is in airworthy condition. Should the exemption be granted allowing commercial operation ofthe Phantom without an airworthiness certificate, no standard will exist for airworthiness ofthe Phantom. Given the size ofthe aircraft and the requirements thatthe operator has agreed to as relates to airworthiness, as set forth in the attached manuals, an equivalent level ofsafety will be achieved by ensuring compliance with the DJI manuals priorto each flight. The FAA has granted exemptionsto conduct similaroperations in Exemptions 11062through 11067, 11080, 11109, and 11110 14 C.F.R. § 91.9: Civil aircraft flight manual, marking, and placard requirements. This regulation provides that no person may operate an aircraft unless a current, approved flight manual is in the aircraft. We assume that the intent of this requirement is to ensure that flight manual information is available to the aircrew while operating the aircraft. We request an exemption to this requirement since the aircraft is not only too small to carry documentation, but the documentation would not be available to the crew, as there is no flight crew on board. The equivalent level of safety will be achieved by keeping a hard copy of the DJI user manual in the transport box thatwill be within reach ofthe operator at all times. 14C.F.R. § 91.109(a) 

### &91.319(a){1): Flight Instruction The regulation provides that "No person may operate a civil aircraftthat is being used forflightinstruction unless that aircraft has fullyfunctioning dual controls." Flight instruction will be accomplished through an elaborated training program approved by the manufactureroraffiliate providing the training as described in the DJI Phantom training program and through the use ofexperienced and qualified instructorsfamiliarwith the DJI Phantom.

14CFR Part 91.119 (c) (Minimum Safe Altitudes: General) Section 91.119 establishes safe altitudesfor operation ofcivil aircraft. Specifically, 91.119(c) limits aircraftflying over areas otherthan congested areas to an altitude ofSOD feet above the surface, except over open water or sparsely populated areas. In those cases, the aircraft may not be operated closer than SOD feet to any person, vessel, vehicle, or structure. As setforth herein, the Phantom will never operate at higherthan 400feet AGL. Itwill, however, be operated to avoid congested or**populat~d** areas that are depicted in yellow on VFR sectional charts. Because aerial survey work must be accomplished at relatively low altitudes and at altitudes less than SOD feetAGL, an exemption from Section 91.119(c) is needed. The equivalent level ofsafetywill be achieved given the size, weight, speed, and material with which the Phantom is built. Also, no flight will be taken withoutthe permission ofthe landowner orthose who control the land as well as local officials. Because ofadvance noticetothe landowner, all affected individuals will be aware ofthe surveyflights. Compared to aerial survey operations conducted with aircraft or rotorcraft weighing far morethan 5.5 lbs. and carrying flammable fuel, any risk associated with these operations will be far less than the risks currently**~osed** by conventional aircraft operating at or below 500 feet AGL. Indeed, the low-altitude operations ofthe UAS will maintain separation between these smaii-UAS operations and the operations ofconventional aircraft that must comply with Section 91.119. The FAA has granted exemptions to conduct similar operations in Exemptions 11062 through 11067, 11080, 1110 and 1134. 14 CFR 91.121- Altimetersettings This section requires that each person operating an aircraft shall maintain the cruising altitude or flight level ofthat aircraft, as the case may be, by reference to an altimeter that is set, when operating below 18,000feet MSLto: • The current reported altimeter setting of a station along the route and within 100 nautical miles ofthe aircraft; • Ifthere is no station within the area prescribed in paragraph (a)(1)(i) ofthis section, the current reported altimetersetting ofan appropriate available station; • In the case of an aircraft not equipped with a radio, the elevation ofthe departure airport or an appropriate altimetersetting available before departure. To provide an equivalent level ofsafety, the Phantom autopilot calculates the reference altitude (ground level) with the on-board GPS duringthe pre-flighttests. The GPS and barometerdata are then used to calculate the altitude in-flight14 CFR Part 91.151(a)- Fuel Requirements for Flight in VFR Conditions This regulation prohibits an individual from beginning "a flight in an airplane underVFR conditions unless (considering wind and forecast weather conditions) there is enough fuel toflyto thefirst pointof intended landing and, assuming normal cruising speed- (1) During the day, to fly afterthatfor at least 30 minutes; or (2) At night, tofly afterthatfor at least 45 minutes." The batteries powering the Phantom provide approximately60 minutes ofpowered flight. Without an exemption from§ 14C.F.R. 91.151, the UAS's flights would be limited to approximately30 minutes in length. Given the limitations on its proposed operations and the location ofthose proposed operations, a longertime frame forflight in daylightVFR conditions is reasonable. Birdseye Farming believes thatan exemption from 14 C.F.R. § 91.151(a) is safe and within the scope of priorexemptions. See Exemption 10673 (allowing Lockheed Martin Corporation to operate without compliance with 91.151(a)). Operating the small UAS without30 minutes of reserve fuel does not engenderthe type of risks that Section 91.151(a) was meantto prevent given the size and speed at which the UAS operates. The factthat it carries no pilot, passenger, or cargo also enhances its safety. Limiting Phantom flights to 30 minuteswould greatly reduce their utility. In the unlikely event thatthe Phantom achieves a low batterystate (10.4 volts), itwould simply land. Given its weightand construction material, the risks are less than contemplated by the current regulation. Birdseye Farming believes that an equivalent level ofsafety can be achieved by maintaining 15 minutes of reserve fuel, which, allowing 45 minutes offlighttime, would be more than adequate to return the UAS to its planned landing zone from anywhere in its operating area. Similar exemptions have been granted to other operators, including Exemptions 2689F, 5745, 10673, 10808, and Exemptions 11062through 11067, 11080, 11109, 1110, 11112 and 11345. 14C.F.R. § 91.203 (a) 

### & (b): Carrying Civil Aircraft Certification and Registration

This regulation provides as follows:

• No person may operate a civil aircraft unless it has an appropriate and current airworthiness certificate. • No person may operate a civil aircraft unless the airworthiness certificate required by paragraph (a) ofthis section or a special flight authorization issued under §91.715 is displayed atthe cabin or cockpit entrance so that it is legible to passengers or crew. The Phantom weighs only 5.5 pounds (max take-off weight). As such, there is no ability or place to carry certification and registration documents or to display them on the UAS. In addition, there is no pilot on board the aircraft. To obtain an equivalent level of safety and meet the intent of 91.203, we propose that documents deemed appropriate for this aircraft by the FAA will be co-located with the operator at the ground control station in the Phantom box and available for inspection upon request.14 C.F.R. § 91.405(a); 407(a)(l); 409(a)(2); 417(a) 

### &(b): Maintenance Inspections Section 91.405(a) requires thatan aircraft operator or owner "shall have that aircraft inspected as prescribed in subpart Eofthis part and shall between required inspections, except as provided in paragraph (c) ofthis section, have discrepancies repaired as prescribed in part43 ofthis chapter

...." Section 91.407 similarly makes reference to requirements in Part 43; Section 91.409(a)(2) requires an annual inspection forthe issuance ofan airworthiness certificate. Section 91.417(a) requires the owner or operator to keep records showing certain maintenance workthat has been accomplished by certificated mechanics, under Part 43, or licensed pilots and records ofapproval ofthe aircraftfor return to service. Maintenance ofthe Phantom will be accomplished by the owner/operator pursuantto the manuals attached as confidential exhibits. An equivalent level ofsafetywill be achieved because the UAS is small in size, will carry asmall payload, will operation only in restricted predetermined areas and is nota complex mechanical device. As provided in the attached manuals, the operator will ensure thatthe UAS is in working order priorto initiatingflight, perform required maintenance, and keep a log ofany maintenancethat is performed; moreover, the operator is the person most familiar with the aircraftand is best suited to maintain the aircraft in an airworthy condition and to ensure an equivalent level of safety. The FAA has granted exemptionsfor similar operations in Exemptions 11345, 11062through 11067, 11080, 11109, 11110, 11112 and 11345.APPENDIX B

SUMMARY OF PPHANTOM SECTION 333 EXEMPTION REQUEST For publication in the Federal Register, Birdseye Farming hereby provides pursuantto Part 11 a summary of its exemption application to allowcommercial operation ofthe Phantom unmanned aircraft in precision aerial survey work. An exemption is requested from thefollowing regulations:

14 CFR Part 21 Subpart H 14 CFR Part 45.23 (b) 14 CFR Part 61.113 (a) and (b) 14 CFR Part 91.7 (a) 14 CFR Part 91.9 (b) 14 CFR Part 91.119 (c) 14 CFR Part 91.151 (a) 14 CFR Part 91.405 (a) 14 CFR Part 91.407 (a)(1) 14 CFR Part 91.409 (a)(2) 14 CFR Part 91.417 (a) 

### & (b) Ifyou have any questions, or need any additional information to process the requested amendmentto the Exemption, please do not hesitate to contact the undersigned.



### Sincerely,

# 4 £**J~**

# ~chael Wilson President BIRDSEYE FARMING Attachments: Phantom Flight Manual