October 20, 2015

U.S. Department of Transportation, Docket Operations West Building Ground Floor, Room w12

- 140 1200 New Jersey Avenue, SE., Washington, DC 20590
Re: Exemption Request Under Section 333 of the FAA Reform Act and Part 11 of the Federal Avia tion Regulations

Dear Sir or Madam:
Pursuant to Section 333 of the FAA Modernization and Reform Act of 2012 (the “Reform Act”) and 14 C.F.R. Part 11, AeroHawk Technologies LLC (“AeroHawk”),the developer and operator of the AeroHawk 800 Ag. AeroHawk seeks an exemption from Federal Aviation Regulations (“FARs”) detailed below for the AeroHawk Unmanned Aircraft System manufactured by AeroHawk Technologies. The requested exemption would support an application for a commercial Certificate of Authorization to use the system to support agriculture. The AeroHawk Ag system consists of a lightweight (6 lb) battery operated aircraft, a PC

- based ground control station, and associated communications equipment. The aircraft carries an onboard geo

- referenced still cam era that allows it to conduct precision photogrammetry and crop scouting at the resolutions necessary for precision agriculture. This high

- resolution data can direct variable seeding rates as well as the precise application of Water, fertilizer and chemica ls reducing their use. This data helps farmers to maximize yields while reducing costs and impacts to the environment. By approving these exemptions, the FAA will create benefits to both agriculture and the environment which are ultimately in the public in terest. The aircraft will be operated in the field with both a Pilot in Command (PIC) and a ground

- based Visual Observer (VO) in accordance with FAA Policy N 8900.227 Section 14 "Operational Requirements for UAS" with the following additional restrictions:

- All operations will occur in Class G airspace at no more than 400' AGL

- Operations will be operated over private property with the permission of the land owner- All required permits will be obtained from state and local government prior to operation

- The aircraft will not be operated over urban, congested or populated areas

- The aircraft will not be operated at air shows or over an open

- air assembly of people

- The aircraft will not be operated over heavily trafficked roads

- Operations will be limit ed to day, visual meteorological conditions

- Aircraft will remain within Visual Line of Sight at no greater than 1/2 NM of the PIC at all time

- While the aircraft is airborne, the VO will be positioned within voice distance to the PIC

- PIC will file a N OTAM providing radial/DME, radius, and a date/time group for each operation The PIC and VO will meet the requirements outlined in FAA Policy N 8900.227 Section 16 Personnel Qualifications. Additionally, the PIC and VO will perform maintenance on the system
We will provide an explanation of equivalent level of safety for each exemption request, but will point back to the benefits to agriculture and the environment to justify why the requests are in the public interest. AeroHawk pilots will complete a course of maintenance instruction as part of their initial training. Due to the simplicity of the system, we do not anticipate the need for a supplemental pilot. We submit that the combination of the aircraft's light weight, historically demonstrated flight p erformance, fully qualified flight crew and strict operation under the guidelines established in 8900.227, the FAA can have confidence that the operation will have an equivalent or greater level of safety of manned aircraft performing the same mission. The name and contact information of the applicant are: AeroHawk Technologies LLC 2854 W 2200 S Aberdeen, ID 83210 Attn: Philip Klassen Ph: 208

- 221

-4100 Email: philip@aero

- hawk.com The regulations from which the exemption is requested are as follows: 14 CFR Pa rt 2114 CFR 91.203(a) & (b)

14 CFR 45.23 Display of marks; general and 45.29 Size of marks. 14 CFR 91.9 14 CFR 61.113 14 CFR 91.109 14 CFR 91.119 14 CFR 91.121 14 CFR 91.151 14 CFR Subpart E (91.401

- 91.417) FAA Policy 8900.227 Paragraph 16(c)(4) and P aragraph 16(e)(1) We are prepared to modify or amend any part of this request to satisfy the need for an equivalent level of safety. We look forward to working with your office. Please contact us at any time if you require additional information or clarifi cation. Sincerely, Philip Klassen President AeroHawk Technologies LLC

## Appendices:

A. Exemption Request and Equivalent Level of Safety B. Privacy Issues C. Safety Case D. Maintenance Procedures E. User Manual F. Training Program G. Aviation Expe rience Appendix A EXEMPTION REQUESTS AND EQUIVALENT LEVEL OF SAFETY AeroHawk Technologies requests an exemption from the following regulations as well as any additional regulations that may technically apply to the operation of the AeroHawk 800 Ag: **14 CF R Part 21**  , Subpart H: Airworthiness Certificates This part establishes the procedures for the issuance of an airworthiness certificate. While the FAA continues to work to develop airworthiness standards for UAS, we request an experimental certificate be is sued for the AeroHawk 800 Ag under either or both of the following provisions: 21.191 Experimental certificates. Experimental certificates are issued for the following purposes: (a) Research and development. Testing new aircraft design concepts, new aircraft equipment, new aircraft installations, new aircraft operating techniques, or new uses for aircraft. (b) Showing compliance with regulations. Conducting flight tests and other operations to show compliance with the airworthiness regulations including fl ights to show compliance for issuance of type and supplemental type certificates, flights to substantiate major design changes, and flights to show compliance with the function and reliability requirements of the regulations. Since the experimental certifi cate can be used for commercial purposes such as market surveys, sales demonstrations, and customer crew training, we would expect that an experimental certificate would permit further uses for commercial purpose as well.The aircraft will not carry person s or property, will not carry fuel, and will only fly under strict

operational requirements. Combined with the fact that the aircraft weighs only 6 pounds and is constructed primarily out of Carbon Fiber, we propose that the AeroHawk 800 Ag will be at lea st as safe, if not safer, than a conventionally certificated aircraft performing the same mission. If an experimental airworthiness certificate is not appropriate for this application, then we request an exemption of 14 CFR Part 21, Subpart H, and the requ irement for an airworthiness certificate in general, citing the equivalent level of safety outlined in the previous paragraph. **14 CFR 91.203(a) & (b)** Civil aircraft: Certifications required. The regulation provides that an airworthiness certificate, with t he registration number assigned to the aircraft and a registration certificate must be aboard the aircraft. Additionally, subparagraph (b) provides that the airworthiness certificate be "displayed at the cabin or cockpit entrance so that it is legible to p assengers or crew." At 6 lbs, the AeroHawk Hex is too small to carry documentation,does not have an entrance, and is not capable of carrying passengers or crew. 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 crew at the ground control station and available for inspection upon request. **14 CFR 45.23 Display of marks; general and 45.29 Size of marks**

. These regulations provide that each aircraft must display "N" and the aircraft's registration number in letters at least 3 inches high. Additionally, the aircraft must display the word "EXPERIMENTAL" in letters at least 2 inches high near the entrance to the cabin, cockpit, or pilot station. The 6 pound AeroHawk 800 Ag does not have an entrance in which the word "EXPERIMENTAL" can be placed, and may not have a registration number assigned to it by the FAA. We propose to achieve an equivalent level of safety by including the word "EXPERIMENTAL" on th e top of the aircraft, where the PIC, VO and others in the vicinity of the aircraft while it is preparing for launch will be able to see the designation. Additionally, we feel that the permanent placard discussed in the previous paragraph will provide the aircraft's registration information should it be found on the ground. Finally, we will display at the ground station a high contrast flag or banner that contains the words "Unmanned Aircraft Ground Station" in letters 3 incheshigh or greater. Since the ai rcraft will operate within 1/2 NM of the ground station, the banner

should be visible to anyone that observes the aircraft and chooses to investigate it's point of origin. **14 CFR 91.9** Civil aircraft flight manual, marking, and placard requirements. This re gulation 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, the documentation would not be available to the crew. To obtain an equivalent level of safety and meet the intent of 91.9, we propose tha t a current, approved Airplane Flight Manual (appendix E) must be available to the crew at the ground station anytime the aircraft is in, or preparing for, flight. **14 CFR 61.113** Private pilot privileges and limitations: Pilot in Command and 61.133 Commerci al pilot privileges and limitations. The regulation provides that no person that holds a private pilot certificate may act as pilot in command of an aircraft for compensation or hire. Subparagraph (b) allows a private pilot to act as pilot in command of an aircraft in connection with any business or employment if: (1) flight is only incidental to that business or employment; and (2) The aircraft does not carry passengers or property for compensation or hire. Our proposed operations meet the requirements of 8900.227 para 16(c)(2)(c) "Operations without a pilot certificate" in which the PIC is required to complete "FAA private pilot ground instruction" and pass "the FAA Private Pilot written examination." Since there are currently no means available for the p ilot of a UAS to gain the experience in an equivalent category and class in order to apply for a commercial pilot's license, we propose to generate an equivalent level of safety by requiring our pilots to complete, at a minimum, FAA commercial pilot ground instruction and pass the FAA Commercial Pilot written examination in addition to completing the private pilot requirements. Since the aircraft cannot carry passengers or property, we feel we meet the intent of 61.113 Subparagraph (b) even though the inten t of this application is to conduct a business.**14 CFR 91.109** Flight instruction; Simulated instrument flight and certain flight tests

The regulation provides that "No person may operate a civil aircraft that is being used for flight instruction unless tha t aircraft has fully functioning dual controls." The AeroHawk ground control station is based on a small hand

- held computer and while it does not offer a second set of "controls", both the student and instructor can, and will, operate the single set of co ntrols simultaneously. With both student and instructor having "hands

- on" the controls during flight, we feel that this technique meets the intent 91.109 and provides an equivalent level of safety. **14 CFR 91.119** Minimum safe altitudes: Section 91.119 esta blishes safe altitudes for operation of civil UAS. Specifically, 91.119(c) limits UAS flying over areas other than congested areas to an altitude of 500 feet above the surface, except over open water or sparsely populated areas. In those cases, the UAS m ay not be operated closer than 500 feet to any person, vessel, vehicle, or structure. As set forth herein, AeroHawk will never operate at higher than 400 feet AGL and will not be operated over urban, congested or populated areas. Because aerial survey, mapping and photogrammetry and crop scouting work must be accomplished at relatively low altitudes and at altitudes less than 500 feet AGL, an exemption from Section 91.119( c) is needed. The equivalent level of safety will be achieved given the size, wei ght, speed, and material with which Aerohawk is built. Also, no flight will be taken without the permission of the land owner or those who control the land. Because of the advance notice to the landowner, all affected individuals will be aware of the flights. Compared to aerial survey operations conducted with traditional manned aircraft weighing far more than 6 lbs. and carrying flammable fuel, any risk associated with these operations will be far less than those currently allowed with conventional aircraft operating at or below 500 feet AGL. Indeed, the low altitude operations of the sUAS will maintain separation between these sUAS operations and the operations of conventional aircraft . **14 CFR 91.121** Altimeter settings. The regulation provides that a ircraft shall maintain cruising altitudes by reference to an altimeter setting available within 100 nautical miles of the aircraft. The aircraft will fly below 400 feet AGL and will not need to maintain hemispherical cruising altitudes in order to de

- confl ict with other aircraft. As such, an appropriate altimeter measurement presented to the pilot should be Above Ground Level and should be based on the barometric pressure at the point of launch. Toprovide an equivalent level of safety, the UAS's AGL altimeter will be set to zero on the ground

prior to every flight. Since the aircraft will fly no more than 45 minutes, even rapid changes in barometric pressure will have no affect on the safety of the flight. **14 CFR 91.151 Fuel requirements for flight in VFR conditions.**  The regulation provides that no person may begin” a flight in an aircraft under day

-VFR conditions unless there is enough fuel to fly to the first point of intended landing and to fly after that for at least 30 minutes or (2) At night, to fly a fter that for at least 45 minutes." We feel the intention of this paragraph is to provide a reserve of energy as a safety buffer for go

- arounds and other delays to landing. The AeroHawk 800 Ag is battery operated and the maximum duration of flight from a single battery charge is 45 minutes. Since the aircraft will never fly more than 1/2 nm from the point of intended landing, a full battery charge at launch will ensure that we meet the reserve energy requirement of this paragraph. AeroHawk believes that a n equivalent level of safety can be achieved by maintaining 5 minutes of reserve fuel, which, would be more than adequate to return the sUAS to its planned landing zone from anywhere in its operating area given that the systems are designed to be flown w ithin direct unaided visual sight of the operator. For most operators this will be within 500 yards of the operator. **14 CFR Subpart E (91.401**
**- 91.417)** 

- Maintenance, Preventive Maintenance, and Alterations The regulation provides that the operator is p rimarily responsible for maintaining the aircraft in an airworthy condition, including compliance with part 39 and 43. Paragraphs 91.407 and 91.409 require that the aircraft be "approved for return to service by a person authorized under 43.7" after mainte nance and inspection. It is our intention that the PIC perform maintenance and inspection of the aircraft and "be authorized to approve the aircraft for return to service." As provided in the attached Maintenance Procedures (appendix D), the PIC will ensure that the aircraft is in an airworthy condition prior to flight and conduct detailed inspections after every 10 hours. Maintenance performed by the PIC is limited to repairing small cracks, replacing a propeller, and updating software and firmware. All ot her maintenance will be performed by the manufacturer. The PIC will document work performed in accordance with 91.417. We feel that due to the size, construction, and simplicity of the aircraft, the PIC can ensure an equivalent level of safety.8900.227 Pa ragraph 16(c)(4) PIC Medical. and Paragraph 16(e)(1) Observer Medical.

This policy provides that both the PIC and VO must have a valid FAA second

- class medical certificate issued under part 67 in order to perform as a pilot or observer. The aircraft weighs 6 pounds and is constructed out of Carbon Fiber. Requiring the crew to meet the same medical requirements as a commercial pilot carrying passengers in a large aircraft is an unnecessary burden. We propose that the minimum medical requirements be vision co rrected to 20/20 and a valid, state issued driver's license. Due to the size and weight of the aircraft, the greatest hazard of our proposed operation will be driving to the launch site. A licensed driver is medically qualified to operate a much larger vehicle. The 20/20 vision requirement will ensure that the PIC and VO can see and avoid air traffic. Given the unlikely event that both the PIC and VO become medically incapacitated while the aircraft is in flight, the AeroHawk 800 Ag will recover auton omously to the landing location designated prior to launch without crew intervention.