UAV Aviation Services Inc. (UAS Inc.)

Benjamin Z. Smith

828 W. Trindle Rd.

Mechanicsburg, Pa 17055

717.278.7502

benjamin.smith@uavaviationservices.com

08 April 2015

U.S. Department of Transportation Docket Management System 1200 New Jersey Ave., SE 

Washington, DC 20590

RE: Exemption Request 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, UAV Aviation Services Inc. (“UAS, Inc.”), the operator of Small Unmanned 

Aircraft Systems (“sUASs”), including the Hawkeye Mk-III and MD4-1000, seeks an exemption 

from the FederalAviation Regulations (“FARs”) listed below and discussed in Appendix A.1 UAS, 

Inc. seeks exemption from the listed FARs to allow its use of the Hawkeye Mk-III and MD4-1000 

in commercial operations, such as precision aerial surveys, including in agriculture as well as 

flight demonstrations, tower inspections, surface mining, roof inspections, Telecommunicaitons 

and utility structure inspection, construction, maintenance services, flood control, first responders, 

bridge inspections, dam inspections, special events, closed-set filming and structural 

assessments, so long as such operations are conducted within and under the conditions outlined 

herein or as established by the FAA in an exemption granted under either Section 333 or Section 

49 U.S.C. § 44701(f).2

As discussed below, at pages 4-8, UAS, Inc. is willing to abide by conditions the FAA has 

required in issuing recent Section 333 exemptions, specifically Exemptions 11109 (Clayco, Inc.) 

and 11110 (Trimble Navigation Ltd.), 11215 (B.E.V. Roof Inspections), 11171 (Asymmetric 

Technologies), 11230 (Montico Inc.) and 11241 (Phoenix Air Unmanned). This agreement on 

UAS, Inc.’s part and the strong similarity of its operations to those approved in Exemptions 

11109,11110, 11215,11171, 11230 and 11241 should give the FAA a basis for prompt 

consideration and processing of this request.

UAS, Inc. is a information delivery company. It proposes to use a small, lightweight UAV – the 

Hawkeye Mk-III and the MD4-1000 and proprietary cloud-based software to collect, process, and 

analyze aerial data principally for purposes of precision agriculture, precision surveying as well as 

flight demonstrations, tower inspections, surface mining, roof inspections, telecommunications 

and utility structure inspection, construction, maintenance services, flood control, first responders, 

bridge inspections, dam inspections, special events, closed-set filming and structural 

assessments. In doing so, UAS, Inc. would occupy a brand new space in a transformative 

industry by providing high quality and actionable information to users. Indeed, use of the 

Hawkeye Mk-III and MD4-1000, and would contribute to various social goods, from environmental 

protection to improved crop yields, safety inspections, property damage assessment and search 

and rescue. In providing this service, UAS, Inc. would empower crop

1 See Pub. Law 112-95, 126 Stat. 11, § 333 (2012). 

2 UAS, Inc. relies upon the following exemptions where specific reference to an exemption is not 

provided: Exemptions 11062 through 11067, 11080, 11109 through 11112
U.S. Department of Transportation 08 April 2015

Page Two

researchers and farmers to make better management decisions through software that identifies 

disease and insects, nutrient deficiencies, and materials for increasing yields with fewer 

resources. Expedite damage assessments and infrastructure maintenance in support of a variety 

of industries, including but not limited to, telecommunications, mining companies, local and 

federal emergency responders and companies that require arial survey of property(s).

The use of sUASs on a construction site can significantly reduce the risk to workers of falls while 

inspecting, surveying, or monitoring site progress. sUASs can inspect, photograph, and collect 

data on hard to get to areas that otherwise would require worker inspection. Falls are the leading 

source of workplace fatality and injury on construction sites, and reducing falls through sUAS use 

for site imaging could save workers lives.

The petitioner states that, performing infrastructure inspections with unmanned systems is a 

benefit to the public for the following reasons: 1) the operation significantly improves safety and 

reduces risk by alleviating human exposure to the dangers associated with aerial survey and 

inspection; 2) it will not be necessary to close a lane on the bridge while the inspection is being 

conducted; this significantly improves traffic flow and safety; 3) the UAS being operated are very 

small and contain no flammable fuel and in the remote event of an accident, will cause no 

damage or injuries; and 4) given that the cost to conduct an inspection using a UAS is 

considerably less than available alternatives, this important task can be accomplished which will 

benefit everyone utilizing this infrastructure.

Operations under the exemption will be subject to strict operating requirements and conditions to 

ensure at least an equivalent level of safety to currently authorized operations using manned 

aircraft and under conditions as may be modified by the FAA as required by Section333.

As described more fully below, the requested exemption would authorize commercial operations 

of aerial surveys using the Hawkeye Mk-IIIand MD4-1000, which with a maximum take-off weight 

of less than 10 lbs. is small in size. The Hawkeye Mk-III and MD4-1000, will be operated under 

controlled conditions at low altitude in airspace that is limited in scope, as described more fully 

herein; it will have automated control features, as described herein. The Hawkeye Mk-III and 

MD4-1000 also will be operated by an individual possessing a minimum of a private pilot 

certificate. Finally, the airspace in which the UAS will operate will be disclosed to the FAA in 

advance.

UAS, Inc. respectfully submits that because these small, unmanned aerial vehicles – the 

Hawkeye Mk-III, and MD4-1000– will be used in lieu of comparatively hazardous operations now 

conducted with fixed wing and rotary conventional aircraft, the FAA can have confidence that the 

operations will achieve at least an equivalent level or greater level of safety. Approval of this 

exemption would thereby enhance safety and fulfill the Secretary of Transportation’s (the FAA 

Administrator’s) responsibilities under Section333(c) of the Reform Act to “establish requirements 

for the safe operation of such aircraft systems in the national airspace system.”

The name and address of the applicant are:

UAS, Inc. Attn: Benjamin Z. Smith, CFII, MEI, AO, PO, MC (Deployed Theater Tactical Airspace 

Pilot, Afghanistan) 827 West Trindle Road Mechanicsburg, PA 17055 Office: 717-691-8882, 

Mobile: 717-278-7502

Email: benjamin.smith@uavaviationservices.com
U.S. Department of Transportation 08 April 2015

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The regulations from which the exemption is requested are as follows:

14 C.F.R. § 61.113(a) & (b); 

14 C.F.R. § 61.133(a);

14 C.F. R. § 91.7(a); 

14 C.F.R. § 91.119(c);

14 C.F.R. § 91.121;

14 C.F.R. § 91.151(a);

14 C.F.R. § 91.405(a);

14 C.F.R. § 91.407(a)(1)

14 C.F.R. § 91.409(a)(1)(2)

14 C.F.R. § 91.417(a) & (b)

Appendix A discusses each rule listed above and explains why exemptions pursuant to the 

proposal set forth in this letter are appropriate, provide an equivalent level of safety, and are in 

the public interest. Appendix B provides the requisite Federal Register summary.

THE APPLICABLE LEGAL STANDARD UNDER SECTION 333

UAS, Inc. submits that grant of this exemption application for use of the Hawkeye Mk-III and 

MD4-1000 in precision aerial surveys will advance the Congressional mandate in Section 333 of 

the Reform Act to accelerate the introduction of UASs into the national airspace system (“NAS”) if 

it can be accomplished safely. This law directs the Secretary of Transportation to consider 

whether certain UASs may operate safely in the NAS before completion of the rulemaking 

required under Section 332 of the Reform Act. In making this determination, the Secretary is 

required to determine which types of UASs do not create a hazard to users of the NAS or the 

public or pose a threat to national security in light of the following:

* The UAS’s size, weight, speed, and operational capability; 

* Operation of the UAS in close proximity to airports and populated areas; and 

* Operation of the UAS within visual line of sight of the operator. Reform Act § 

333(a)(1). If the Secretary determines that such vehicles “may operate safely in the 

national airspace system, the Secretary shall establish requirements for the safe 

operation of such aircraft in the national airspace system.” Id. § 333(c) (emphasis 

added).3 The Federal Aviation Act expressly grants the FAA the authority to issue 

exemptions. This statutory authority, by its terms, includes exempting civil aircraft, as the 

term is defined under § 40101 of the Act, from the requirement that all 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 of a regulation prescribed under subsection (a) or (b) of this section or any 

of sections 44702- 44716 of this title if the Administrator finds the exemption is in the 

public interest. 3 Applicant submits that this provision places a duty on the Administrator 

to not only process applications for exemptions under Section 333, but for the 

Administrator, if he deems the conditions proposed herein require modification to allow 

approval, to supply conditions for the safe operation of the UAS. UAS, Inc. welcomes the 

opportunity to consult with FAA staff in order to address any issues or concerns that this 

proposal may raise that they believe may require modification. 

 
U.S. Department of Transportation 08 April 2015

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49 U.S.C. § 44701(f). See also 49 U.S.C. § 44711(a); 49 U.S.C. § 44704; 14 C.F.R. § 

91.203(a)(1).

The grant of the requested exemption is in the public interest based on the clear direction in 

Section 333 of the Reform Act; the additional authority in the Federal Aviation Act, as amended; 

the strong equivalent level of safety surrounding the proposed operations; and the significant 

public benefit, including enhanced safety and cost savings associated with transitioning to UASs

for aerial surveying. Accordingly, the applicant respectfully requests that the FAA grant the 

requested exemption without delay.4

AIRCRAFT AND EQUIVALENT LEVEL OF SAFETY

The applicant proposes that the exemption requested herein apply to civil aircraft that have the 

characteristics and that operate with the limitations listed herein. These limitations provide for at 

least an equivalent or even higher level of safety to operations under the current regulatory 

structure because the proposed operations represent a safety enhancement to operations that 

would be conducted with conventional aircraft. These conditions are drawn from Exemptions 

11062 through 11067, 11080, 11109, 11110,11215,11171, 11230 and 11241.

These limitations and conditions to which UAS, Inc. (or “operator”) agrees to be bound when 

conducting commercial operations under an FAA issued exemption include:

1. Operations of the Hawkeye Mk-III are limited to the aircraft described in the 

attached manuals, which is a miniature propeller airplane built by Hawkeye, Inc. that 

weighs less than six pounds (the “UA” or “UAS”). Proposed operations of any additional 

aircraft will require a new petition or a petition to amend this grant.5

2. Operations of the MD4-1000 are limited to the aircraft described in the attached 

manuals, which is a miniature propeller quadcopter built by AVYON. that weighs less 

than six pounds (the “UA” or “UAS”). Proposed operations of any additional aircraft will 

require a new petition or a petition to amend this grant

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 more than 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 feet AGL. 

4. The UA must be operated within visual line of sight (“VLOS”) of the pilot-incommand (“PIC”) at all 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.

4 In filing this application, UAS, Inc. also is requesting that the FAA combine the grant of the 

Section 333 exemption with a stand-alone Certificate of Operation (“COA”) that will allow 

commercial operations of the Hawkeye Mk-III, MD4-1000 and MD4-3000 without the necessity of 

filing for a COA for each flight up to 400 feet. Compliance with the conditions agreed to herein 

and that may be imposed by the FAA, as set forth in prior Section 333 exemptions, provide the 

separation needed from other aircraft. Notice to airmen and notice to air traffic control can be 

provided by the filing of a NOTAM as set forth within the proposed conditions.
U.S. Department of Transportation 08 April 2015

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5 UAS, Inc. is submitting under a request for confidentiality the flight operations manual and an 

aircraft flight manual for the Hawkeye Mk-III and MD4-1000 (“manuals”).

5. All operations must utilize a visual observer (“VO”). The VO may be used to 

satisfy the VLOS requirement as long as the PIC always maintains VLOS capability. The 

VO and PIC must be able to communicate verbally at all times. The PIC must be 

designated before the flight and cannot transfer his or her designation for the duration of 

the flight. The PIC must ensure that the VO can perform the functions prescribed in the 

operator’s manual. 

6. The manuals must be amended to include all conditions and limitations required 

by the FAA. The manuals must be maintained and made available to the Administrator 

upon request. If a 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 must 

follow the procedures as outlined in the manuals. The operator may update or revise the 

manuals. It is the operator’s responsibility to track such revisions and present updated 

and revised documents to the Administrator upon request. The operator must also 

present updated and revised documents if it petitions for an extension or amendment of 

this exemption. If the operator determines that any update or revision would affect the 

basis upon which the FAA granted this exemption, then the operator must petition for 

amendment to its exemption. 

7. Prior to each flight, the PIC must inspect the UAS to ensure it is in a condition for 

safe flight. If the inspection reveals a condition that affects the safe operation of the 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 the preflight inspection. All maintenance and alterations must 

be properly documented in the aircraft records. 

8. Any UAS that has undergone maintenance or alterations that affect the UAS 

operation or flight characteristics, e.g., replacement of a flight critical component, must 

undergo a functional test flight in accordance with the operator’s manual. The PIC who 

conducts the functional test flight must make an entry in the UAS aircraft records of the 

flight. The manuals include this requirement. 

9. The preflight inspection section in the manuals includes the following

requirement: the preflight inspection must account for all discrepancies, i.e., inoperable 

components, items, or equipment, not covered in the relevant preflight inspection 

sections of the operator’s manual. 

10.The operator must follow UAS, Inc.’s UA aircraft/component, maintenance, overhaul, 

replacement, inspection, and life limit requirements, with particular attention to flight critical 

components that may not be addressed in the manufacturer’s manuals.

11. 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 of work accomplished, and the signature 

of the authorized technician returning the UAS to service.
U.S. Department of Transportation 08 April 2015

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12.The authorized technicians must receive and document training referenced in the 

manuals.

13. Each UAS operated under the exemption must comply with all UAS, Inc. system 

and safety bulletins. 

14. Operator’s maintenance personnel must make a record entry in the UAS logbook 

or equivalent document of the corrective action taken against discrepancies discovered 

between inspections. 

15. The PIC must possess at least a private pilot certificate and a third-class airman 

medical certificate. The PIC must also meet the flight review requirements specified in 14 

C.F.R. 61.56 as to the UAS. 

16. The operator may not permit any PIC to operate unless that PIC has

demonstrated through UAS, Inc.’s training and currency requirements that the PIC is able 

to safely operate the UA in a manner consistent with how the UAS will be operated under 

this exemption, including evasive and emergency maneuvers and maintaining 

appropriate distances from people, vessels, vehicles, and structures. 

17. If the UAS loses communications or loses its GPS signal, the UA must return to a 

pre- determined location within the private or controlled-access property and land or be 

recovered in accordance with the manuals. 

18. The PIC must abort the flight in the event of unpredicted obstacles or 

emergencies in accordance with the manuals. 

19. The PIC is prohibited from beginning a UAS flight unless (considering wind and 

forecast weather conditions) there is enough power to fly to the first point of intended 

landing and, assuming normal cruising speed, to fly after that for at least 10 minutes. 

20. The operator will file a request for a Notice to Airmen (NOTAM) not more than 72 

hours in advance, but not less than 48 hours prior to the operation. 

21. 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 (NNumber) markings in accordance with 14 C.F.R. part 45, Subpart C. Markings must be as 

large as practicable. 

22. Before conducting operations, the radio frequency spectrum used for operation 

and control of the UA must comply with the Federal Communications Commission 

(“FCC”) or other appropriate government oversight agency requirements.

23. The documents required under 14 C.F.R. 91.9 and 91.203 must be available to 

the PIC at the ground control station of the UAS any time the aircraft is operating. These 

documents must be made available to the Administrator or any law enforcement official 

upon request. 

24. The UA must remain clear and yield the right of way to all other manned 

operations and activities at all times (including, but not limited to, ultralight vehicles, 

parachute activities, parasailing activities, hang gliders, etc.). 
U.S. Department of Transportation 08 April 2015

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25. The UAS may not be operated by the PIC from any moving device or vehicle. 

26. UAS operations may not be conducted during night, as defined in 14 C.F.R. 1.1. 

27. All operations shall be conducted in Class G airspace. 

28. All operations must be conducted under visual meteorological conditions 

(“VMC”). The UA may not be operated less than 500 feet below or less than 2,000 feet 

horizontally from a cloud or when visibility is less than 3 statute miles from the PIC. 

29. During operations in Class G airspace, the UA may not operate within 5 nautical 

miles of the geographic center of an airport as denoted on a current FAA-published 

aeronautical chart unless a letter of agreement with that airport’s management is 

obtained, and the operation is conducted in accordance with a NOTAM as required by 

the operator’s COA. The letter of agreement with the airport management must be made 

available to the Administrator upon request. 

30. The UA may not be operated over congested or densely populated areas unless 

the conditions set forth in #31 are satisfied. These populated areas include, but are not 

limited to, the yellow areas depicted on World Aeronautical Charts (“WAC”), Sectional 

Aeronautical Charts (“Sectionals”), or Terminal Area Charts (“TAC”). However, 

aeronautical charts may not reflect pertinent local information. Ultimately, it is the PIC’s 

responsibility to maintain the minimum safe altitudes required by § 91.119. 

31. Operations must be conducted at least 500 feet from all nonparticipating persons 

(persons other than the PIC or VO), vessels, vehicles, and structures unless: 

a. barriers or structures are present that sufficiently protect nonparticipating persons from debris 

in the event of an accident. The operator must ensure that nonparticipating persons 

remain under such protection. If a situation arises in which nonparticipating persons leave 

such protection and are within 500 feet of the UA, flight operations must cease 

immediately; and/or U.S. Department of Transportation March 24, 2015 Page Eight

b. the aircraft is operated near vessels, vehicles, or structures where the land owner/controller 

has granted permission and the PIC has made a safety assessment of the risk of operating closer 

to those objects; and

c. operations near the PIC or VO do not present an undue hazard to the PIC or VO, per § 

91.119(a).

32. All operations shall be conducted over private or controlled-access property with 

permission from the land owner/controller or authorized representative. Permission from 

land owner/controller or authorized representative will be obtained for each flight to be 

conducted. 

33. In the event COAs are required, any incident, accident, or flight operation that 

transgresses the lateral or vertical boundaries of the 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. 
U.S. Department of Transportation 08 April 2015

Page Eight

********

Privacy. All flights will occur over private or controlled access property with the property owner’s 

prior consent and knowledge. Inspection will be in areas where the owners will have consented to 

the inspections or otherwise have agreed to allow the UAS and the operator to be in the area 

where inspection will take place.

National Security. No national security issue is raised by the grant of this exemption. Given the 

size, load carrying capacity, speed at which it operates, and the fact that it carries no explosives 

or other dangerous materials, the Hawkeye Mk-III, MD4-1000 and MD4-3000 poses no threat to 

national security.

********

In summary, UAS, Inc. seeks an exemption from the FARs set forth in Appendix A to operate 

commercially a small unmanned vehicle (55 lbs. or less) in aerial survey operations.

Approval of this exemption for commercial aerial survey operations will enhance safety by 

reducing risk. Conventional operations, using jet or piston powered aircraft, operate at extremely 

low altitudes just feet from the subject being inspected and in extreme proximity to people and 

structures. Such manned operations present the risks associated with vehicles that weigh in 

excess of 6,000 lbs., carrying large amounts of jet A or other fuel. Such aircraft must fly to and 

from the project location. In contrast, a sUAS weighing fewer than ten lbs. and powered by 

batteries eliminates virtually all of that risk given the reduced mass and lack of combustible fuel 

carried on board. The sUAS is carried to the target area and not flown. The sUAS will carry no 

passengers or crew and, therefore, will not expose them to the risks associated with manned 

aircraft flights.

The operation of small UASs, weighing less than ten lbs., conducted in the strict conditions 

outlined above, will provide an equivalent level of safety supporting the grant of the exemptions 

requested herein. These lightweight aircraft operate at slow speeds, close to the ground, and in 

areas that are under the control of the customer. As a result, they are far safer than conventional 

operations conducted with manned aircraft operating in close proximity to the ground and people.

Satisfaction of the criteria provided in Section 333 of the Reform Act of 2012 – size, weight, 

speed, operating capabilities, proximity to airports and populated areas, and operation within 

visual line of sight and national security – provide more than adequate justification for the grant of 

the requested exemptions allowing commercial operation of applicant’s UAS for the Purposes 

outlined herein and are consistent with exemptions already granted, including Exemptions 11062 

through 11067, 11080, 11109 through 11112, and 11114.

Sincerely,

Benjamin Z. Smith
APPENDIX A

EXEMPTION REQUEST AND EQUIVALENT LEVEL OF SAFETY SHOWINGS UNDER 

APPLICABLE RULES SUBJECT TO EXEMPTION

UAS, Inc. requests an exemption from the following regulations as well as any additional 

regulations that may technically apply to the operation of the Hawkeye Mk-III, MD4-1000 and 

MD4-3000:

14 C.F.R. § 61.113(a) & (b); 61.133(a): Private Pilot Privileges and Limitations; Pilot in 

Command; Commercial Pilot Privileges and Limitations.

Section 61.113(a) & (b) limit private pilots to non-commercial operations. Unlike a conventional 

aircraft that carries a pilot, passengers, and cargo, the Hawkeye Mk-III, MD4-1000 and MD4-3000 

in this case is remotely controlled with no passengers or property of others on board. Section 

61.133(a) requires an individual with a commercial pilot’s license to be pilot in command of any 

aircraft for compensation or hire. UAS, Inc. respectfully proposes that operator requirements 

should take into account the characteristics of the particular UAS. UAS, Inc.’s Hawkeye Mk-III, 

MD4-1000 and MD4-3000 has a high degree of pre-programmed control and various built-in 

technical capabilities that strictly limit the potential for operation outside of the operating 

conditions set forth in the exemption application.

The Hawkeye Mk-III, MD4-1000 and MD4-3000 has an autonomous navigation and control 

system. Flights are pre- programmed with precision GPS guidance and do not require human 

intervention. In the case of unplanned events, the operator can manually intervene to take one of 

the following actions: (i) command the aircraft to begin to autonomously return to the recovery 

area and land; (ii) command the aircraft to autonomously return to the recovery area where the 

pilot will assume control and land the aircraft; or (iii) manually assume control of the aircraft via 

the hand controller and return the craft to the recovery area where the operator lands it.

Additional automated safety functions and safety enhancing features of the Hawkeye Mk-III, 

MD4-1000 and MD4-3000 include the following:

* Auto-pilot detection of lost GPS or of insufficient satellites initiates a stand-by 

loiter pattern until such time as GPS is re-established or the PIC assumes manual control 

of the aircraft. 

* Low battery power on the aircraft (10.4 volts) triggers the landing sequence 

and the craft will fly to the recovery area. 

* If the auto-pilot detects a lost-link to the ground control station for longer than 

30 seconds, landing procedure begins. 

* The aircraft, weighing fewer than 6 lbs., fully loaded, is constructed of foam, 

which is intended to absorb impact energy. 

* In the event the ground station reaches a low power state, it will alert the pilot. Given 

these safety features, UAS, Inc. proposes that operators of the Hawkeye Mk-III, MD4-

1000 and MD4-3000 should not be required to hold a commercial pilot certification. 

Instead, operators should be required to hold only a private pilot certification. The risks 

associated with the operation of the Hawkeye Mk-III, MD4-1000 and MD4-3000 (given its 

size, speed, operational capabilities, and lack of combustible 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 of the UAS as set 

forth above meets or exceeds the present level of safety provided under 14 C.F.R. § 

61.113(a) & (b) and does not rise to the level of requiring a commercial pilot to operate 

the aircraft under § 61.133(a).
Given these conditions and restrictions, an equivalent level of safety will be provided by allowing 

operation of the Hawkeye Mk-III, MD4-1000 and MD4-3000 with a private pilot’s certificate, under 

the conditions set forth in the exemption request. The FAA has granted exemptions to conduct 

similar operations in Exemptions 11062 through 11067, 11080, 11109, and 11110.

14 C.F.R. § 91.7(a): 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 of the Hawkeye MkIII, MD4-1000 and MD4-3000 without an airworthiness certificate, no standard will exist for 

airworthiness of the Hawkeye Mk-III, MD4-1000 and MD4-3000. Given the size of the aircraft and

the requirements that the operator has agreed to as relates to airworthiness, as set forth in the 

attached manuals, an equivalent level of safety will be achieved by ensuring compliance with the 

UAS, Inc. manuals prior to each flight. The FAA has granted exemptions to conduct similar 

operations in Exemptions 11062 through 11067, 11080, 11109, and 11110.

14 C.F.R. § 91.119(c): Minimum Safe Altitudes.

Section 91.119 establishes safe altitudes for operation of civil aircraft. Specifically, 91.119(c) 

limits aircraft 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 aircraft may not 

be operated closer than 500 feet to any person, vessel, vehicle, or structure.

As set forth herein, the Hawkeye Mk-III, MD4-1000 and MD4-3000 will never operate at higher 

than 400 feet AGL. It will, however, be operated to avoid congested or populated 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 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 the Hawkeye Mk-III, MD4-1000 and MD4-3000 is built. Also, no flight will be taken without 

the permission of the landowner or those who control the land as well as local officials. Because 

of advance notice to the landowner, all affected individuals will be aware of the survey flights. 

Compared to aerial survey operations conducted with aircraft or rotorcraft weighing far more than 

5.5 lbs. and carrying flammable fuel, any risk associated with these operations will be far less 

than the risks currently posed by conventional aircraft operating at or below 500 feet AGL. 

Indeed, the low-altitude operations of the UAS

will maintain separation between these small-UAS operations and the operations of conventional 

aircraft that must comply with Section 91.119. The FAA has granted exemptions to conduct 

similar operations in Exemptions 11062 through 11067, 11080, and 1110.

14 C.F.R. § 91.151(a): Fuel Requirements for Flight in VFR Conditions

This regulation prohibits an individual from beginning “a flight in an airplane under VFR conditions 

unless (considering wind and forecast weather conditions) there is enough fuel to fly to the first 

point of intended landing and, assuming normal cruising speed – (1) During the day, to fly after 

that for at least 30 minutes; or (2) At night, to fly after that for at least 45 minutes.”

The batteries powering the Hawkeye Mk-III, MD4-1000 and MD4-3000 provide approximately 60 

minutes of powered flight. Without an exemption from § 14 C.F.R. 91.151, the UAS’s flights would 

be limited to approximately 30 minutes in length. Given the limitations on its proposed operations 

and the location of those proposed operations, a longer time frame for flight in daylight VFR 

conditions is reasonable.
UAS, Inc. believes that an exemption from 14 C.F.R. § 91.151(a) is safe and within the scope of 

prior exemptions. See Exemption 10673 (allowing Lockheed Martin Corporation to operate 

without compliance with 91.151(a)). Operating the small UAS without 30 minutes of reserve fuel 

does not engender the type of risks that Section 91.151(a) was meant to prevent given the size 

and speed at which the UAS operates. The fact that it carries no pilot, passenger, or cargo also 

enhances its safety. Limiting Hawkeye Mk-III, MD4-1000 and MD4-3000 flights to 30 minutes 

would greatly reduce their utility. In the unlikely event that the Hawkeye Mk-III, MD4-1000 and 

MD4-3000 achieves a low battery state (10.4 volts), it would simply land. Given its weight and 

construction material, the risks are less than contemplated by the current regulation.

UAS, Inc. believes that an equivalent level of safety can be achieved by maintaining 15 minutes 

of reserve fuel, which, allowing 45 minutes of flight time, 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 11062 through 11067, 11080, 11109, 1110, and 11112.

14 C.F.R. § 91.405(a); 407(a)(1); 409(a)(2); 417(a) & (b): Maintenance Inspections

Section 91.405(a) requires that an aircraft operator or owner “shall have that aircraft inspected as 

prescribed in subpart E of this part and shall between required inspections, except as provided in 

paragraph (c) of this section, have discrepancies repaired as prescribed in part 43 of this chapter 

. . . .” Section 91.407 similarly makes reference to requirements in Part 43;

Section 91.409(a)(2) requires an annual inspection for the issuance of an airworthiness 

certificate. Section 91.417(a) requires the owner or operator to keep records showing certain 

maintenance work that has been accomplished by certificated mechanics, under Part 43, or 

licensed pilots and records of approval of the aircraft for return to service.

Maintenance of the Hawkeye Mk-III, MD4-1000 and MD4-3000 will be accomplished by the 

owner/operator pursuant to the manuals attached as confidential exhibits. An equivalent level of 

safety will be achieved because the UAS is small in size, will carry a small payload, will operation 

only in restricted predetermined areas and is not a complex mechanical device. As provided in 

the attached manuals, the operator will ensure that the UAS is in working order prior to initiating 

flight, perform required maintenance, and keep a log of any maintenance that is performed; 

moreover, the operator is the person most familiar with the aircraft and is best suited to maintain 

the aircraft in an airworthy condition and to ensure an equivalent level of safety. The FAA has 

granted exemptions for similar operations in Exemptions 11062 through 11067, 11080, 11109, 

11110, and 11112.

APPENDIX B SUMMARY OF UAS, Inc. SECTION 333 EXEMPTION REQUEST

For publication in the Federal Register, UAS, Inc. hereby provides pursuant to Part 11 a summary 

of its exemption application to allow commercial operation of the Hawkeye Mk-III, MD4-1000 and 

MD4-3000 unmanned aircraft in precision aerial survey work. An exemption is requested from the 

following regulations:

14 C.F.R. § 61.113(a) & (b); 14 C.F.R. § 61.133(a); 14 C.F.R. § 91.7(a); 14 C.F.R. § 91.119(c);

14 C.F.R. § 91.151(a); 14 C.F.R. § 91.405(a); 14 C.F.R. § 91.407(a)(1); 14 C.F.R. § 91.409(a)(2); 

14 C.F.R. § 91.417(a) & (b)