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

Aviation 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 camera 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 chemicals 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 interest.

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 limited 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 NOTAM 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

performance, 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 Part 21
14 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 Paragraph 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 clarification.

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 Experience 

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 CFR 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 issued 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

flights 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 certificate 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 persons 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 least 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 requirement 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 the 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 passengers 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 the 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 inches
high or greater. Since the aircraft 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 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, 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 that 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

Commercial 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 pilot 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 intent 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 that 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 controls

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 establishes 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 may 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, weight, 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 aircraft 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-conflict 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. To
provide 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 after 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 an 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 within 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 primarily 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 maintenance 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 other 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 Paragraph 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 corrected 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 autonomously to the landing location designated prior to launch without crew 

intervention.