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Drone/UAS Practice Group 35 E Wacker Drive

Suite 1875

Chicago, IL 60601

Tel. 312.201.8310

 Jeffrey@Antonelli-Law.com

U.S. Department of Transportation June 25, 2015

Docket Management System

1200 New Jersey Ave S.E. 

Washington, D.C. 20590

Re: Request for Exemption under Section 333 of the FAA Modernization and Reform Act of 2012 

and Part 11 of the Federal Aviation Regulations from Certain Provisions of 14 C.F.R.

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, Antonelli Law files this petition for exemption on behalf of Sky Eye 

Solutions, LLC (“SES”), an operator of Small Unmanned Aircraft Systems (“UAs”) for the 

purpose of (1) utility and infrastructure inspection and (2) precision agriculture applications. 

Specifically, petitioner seeks an exemption from the Federal Aviation Regulations (“FARs”) listed 

in Appendix A to allow commercial operation of its UAs, so long as such operations are conducted 

within and under the conditions outlined herein or as may be established by the FAA in a grant of 

this petition. This request is substantially similar to other data collection petitions previously 

approved, and should be considered under the expedited summary grant procedure.

Approval of the exemption for petitioner will allow commercial operation of the InstantEye 

Mk-2 GEN3 in Class G airspace nationwide unless otherwise prescribed by an Air Traffic 

Organization (ATO) issued COA. This UA has been previously approved for commercial 

operations in Exemption Nos. 10968, 11217, 11238 and 11238A. Additionally, the U.S. Army 

Special Operations Command has previously issued this UA an Airworthiness Release for 

approved operations in the national airspace system (“NAS”) and combat operations. The UA 

covered by this petition is a small battery-powered craft, weighing approximately 1 lb., inclusive 

of battery and payload. Operation of the UA under the strict conditions proposed below will 

provide equivalent level of safety, as Congress intended, while still allowing commercial 

operations. Operations using these UAs are far safer than conventional operations conducted with 

helicopters and fixed-wing aircraft that weigh thousands of pounds, carry highly flammable fuel, 

and operate in close proximity to the ground, trees, infrastructure, and people. 

Congress directed the FAA to consider seven factors in deciding whether to approve 

Section 333 exemption petitions - size, weight, speed, operational capability, proximity to airports, 

proximity to populated areas, and operation within visual line of sight. In this case, each factor 

supports the exemption request. In particular, the UA is small, and will operate at slow speeds and 

close to the ground. It will be able to more safely and efficiently conduct operations that would 

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Table of Contents

I. Publishable Summary............................................................................................................ 5

II. Petitioner’s Contact Information ........................................................................................... 5

III. Proposed Operations.............................................................................................................. 6

A. The UA........................................................................................................................... 6

B. The Crew ........................................................................................................................ 6

C. Flight Conditions............................................................................................................ 7

D. Flight Operations............................................................................................................ 7

IV. Aircraft and Equivalent Level of Safety................................................................................ 8

VI. Proposed Conditions of the Exemption................................................................................. 8

VI. Privacy................................................................................................................................. 12

VII. Public Interest and Safety...................................................................................................... 12

VIII. Regulations from Which Exemption is Requested.............................................................. 15

Appendix A: FARs as to which SES wishes the same determination to be made as has been 

made previously. ................................................................................................................... 15
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Exhibit List

Exhibit 1: Sky Eye Solutions LLC Flight Operations Manual ........................................................ 

................................................................................................. Submitted confidentially to the FAA

Exhibit 2: InstantEye Training Manual................................... Submitted confidentially to the FAA 

Exhibit 3: InstantEye Mk2 Gen3 sUAS Operator Training .... Submitted confidentially to the FAA

Exhibit 4: InstantEye Mk2 Control and Communication ....... Submitted confidentially to the FAA

Exhibit 5: InstantEye Introduction ................................................................................................ 18 

Exhibit 6: InstantEye Ground Station ........................................................................................... 20 

Exhibit 7: InstantEye Payloads ..................................................................................................... 22 

Exhibit 8: InstantEye Technical Specifications ............................................................................ 24 

Exhibit 9: AWR IEMK220130521 ......................................... Submitted confidentially to the FAA

Exhibit 10: Letters of Intent to do Business............................ Submitted confidentially to the FAA

Exhibits 1-4, 9, and 10 are confidential and are not available to the public. 
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I. Publishable Summary

Pursuant to 14 C.F.R. §11, the following summary is provided for publication in the 

Federal Register, should it be determined that publication is needed:

Petitioner seeks an exemption from the following rules: 

14 C.F.R 21(h); 14 C.F.R. 43.7; 14 C.F.R. 43.11; 14 C.F.R. 45.11; 14 C.F.R. 45.27; 14 

C.F.R. 45.29; 14 C.F.R. 91.7(a); 14 C.F.R. 91.9(b)(2); 14 C.F.R. 91.9(c); 14 C.F.R. 

91.103(b)(2); 14 C.F.R. 91.105; 14 C.F.R. 91.109; 14 C.F.R. 91.113(b); 14 C.F.R. 

91.119 (c); 14 C.F.R. 91.121; 14 C.F.R. 91.151(a); 14 C.F.R. 91.203(a) and (b); 14 

C.F.R. 215; 14 C.F.R. 91.403; 14 C.F.R. 91.405(a); 14 C.F.R. 91.407(a)(1); 14 C.F.R. 

409(a)(1) and (2); and 14 C.F.R. 91.417(a) and (b) to operate commercially small 

unmanned aircraft systems (UAs) (1 lb. or less).

Approval of the exemption requested by petitioner will allow commercial operation of 

the InstantEye Mk-2 GEN3 for the purpose of (1) utility and infrastructure inspection 

and (2) precision agriculture applications in Class G airspace nationwide, unless 

otherwise prescribed by an ATO-issued COA. The requested exemption should be 

granted because operation of a small UA weighing approximately 1 lb. (0.45 kg.), 

inclusive of battery and payload, conducted in the strict conditions outlined below, will 

provide an equivalent level of safety, while still allowing commercial operations. The 

lightweight aircraft covered by the exemption are far safer than conventional operations 

conducted with helicopters and fixed-wing aircraft weighing thousands of pounds and 

carrying highly flammable fuel, and operating in close proximity to the ground and 

people. The seven factors Congress directed the FAA to consider when approving 

Section 333 exemption petitions - size, weight, speed, operational capability, proximity 

to airports, proximity to populated areas, and operation within visual line of sight –

each support the request. In particular, the aircraft are small, and will operate at slow 

speeds, and close to the ground. The substantial increase of safety and decrease of risk 

to human life, coupled with the low risk use of UAs to conduct these operations, weigh 

heavily in favor of granting the exemption.

II. Petitioner’s Contact Information

Robin Engala

Owner

Sky Eye Solutions, LLC

1640 Susong Road

Greenville, TN 37743

Counsel for Petitioner:

Antonelli Law

35 E Wacker Drive

Suite 1875

Chicago, IL 60601

Tel: 312-201-8310

Email: jeffrey@antonelli-law.com
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III. Proposed Operations

A. The UA

The requested exemption will permit petitioner to operate the InstantEye Mk-2 GEN3. The 

UA has been previously approved for commercial operation in Exemption Nos. 10968, 11217,

11238, and 11238A. Additionally, the U.S. Army Special Operations Command has previously 

issued this UA an Airworthiness Release for approved operations in the NAS and combat 

operations. Exhibit 9.

This petition, along with Exhibit 1, the Standard Operating Procedure, are hereinafter 

referred to as the “operating documents.” The specific conditions of the proposed exemption that 

relate to the characteristics of the UA are numbers 1, 5, and 16-20 in Section VI below. Each has 

been adopted or imposed by the FAA in numerous previous grants of Section 333 exemption 

petitions. The InstantEye has the ability to hover and move in the vertical and horizontal planes 

simultaneously.

The UA has the following specifications or equivalent:

Airframe: InstantEye Mk-2 GEN3

Control system: Internal to UA

Maximum operating speed: 55 mph (48 knots)

Maximum Weight, inclusive of battery and technical payload: 1 lb. (0.45 kg.)

Transmitter (Tx): InstantEye ground control system (GCS)

Receiver (Rx): Internal to UA

Motors: 4 brushless electric motors

Propellers: PSI 7 x 5 Pusher

Data link: 2.4-2.48 GHz

Video link: 5.7-5.9 GHz

Gimbal: InstantEye universal payload bracket

Batteries: 2Ah/4Ah 11.1V LiPo

Telemetry display: the GCS provides telemetry data to the PIC, including the range/bearing, 

heading, battery life, and altitude in feet above ground level (AGL).

Automatic return to home procedure: if the UA loses contact with the GCS, it will rise to 300 ft. 

AGL, travel horizontally to the “home spot,” and then land.

Please refer to the following Exhibits for more information regarding the UA:

Exhibit 1: Operating Procedures

Section 4: Radio Frequencies

Section 5: System Operation

Exhibit 4: Mk2 Control and Communications

Exhibit 5: InstantEye Introduction

Exhibit 6: InstantEye Ground Station

Exhibit 6: InstantEye Payloads

Exhibit 7: InstantEye Technical Specifications

B. The Crew

The crew will consist of a pilot in command (PIC) and a visual observer (VO). The PIC 
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and VO will have been trained in operation of UAs generally and received up-to-date information 

on the UA to be operated pursuant to this grant. The PIC will have, at minimum, a sport pilot 

license and either a U.S. driver’s license or a third-class medical certificate.

Additionally, the PIC will have UA-specific training as detailed in: 

Exhibit 1: Operating Procedures

Section 4: Operator Certification and Responsibilities

Section 8: Training

Exhibit 2: InstantEye Training Manual

Exhibit 3: InstantEye Mk2 Gen3 sUAS Operator Training

The VO will receive UA-specific training as detailed in Exhibit 1, Section 7.4: Visual 

Observers (VO).

The specific conditions of the proposed exemption that relate to the training and 

characteristics of the crew are numbers 3 and 6-9 in Section V below. Each has been adopted or 

imposed by the FAA in numerous previous grants of Section 333 exemption petitions. 

C. Flight Conditions

The UA will be used for utility and infrastructure inspections in Class G airspace (unless 

otherwise prescribed by an ATO-issued COA) under 400 feet above ground level (“AGL”) and 

under controlled conditions over restricted property. Petitioner will work with the local FSDO 

when planning operations. Petitioner will only operate its UA in visual meteorological conditions 

(VMC). The UA will at all times be no less than 500 feet below and no less than 2,000 feet 

horizontally from a cloud, and petitioner will not conduct operations unless visibility is at least 3 

statute miles from the PIC. The flight crew will always make a safety assessment of the risk of 

every operation, and will only operate when it is determined that no hazards are present.

The specific conditions of the proposed exemption that relate to the flight conditions in 

which the UA will be operated are numbers 2, 4, 16, and 28-29 in Section V below. Each has been 

adopted or imposed by the FAA in numerous previous grants of Section 333 exemption petitions.

D. Flight Operations

The purpose of the UA flights for which exemption is requested will be for mapping and 

surveying. Every UA flight will use at minimum a two person flight crew: a PIC and a VO. 

Petitioner will fly the UA no higher than 400 feet above ground level (AGL).

Please refer to the following exhibits for more information regarding flight operations: 

Exhibit 1: Operating Procedures

Section 9: General Operating Procedures

Section 10: Personal Equipment

Section 11: Pre-Flight/Post Flight

Exhibit 2: Training Manual

Section 3: Quick Start

Section 5.2: Setup

Section 5.3: Preflight

Section 5.4: Flight

Section 6: Emergency Procedures
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Section 7: Landing

Section 9: Maintenance

Exhibit 3: InstantEye Mk2 Gen3 sUAS Operator Training

Initialization Test

Launch

Flight

Emergency Procedures

Landing/Post-Flight

Maintenance

The specific conditions of the proposed exemption that relate to flight operations are 

numbers 11-12, 17-25, and 32-35 in Section V below. Each has been accepted or imposed by the 

FAA in numerous previous grants of Section 333 exemption petitions.

IV. Aircraft and Equivalent Level of Safety

Petitioner proposes that the exemption apply to UAs that have the characteristics and that 

operate with the limitations proposed herein. These limitations provide for a level of safety at least 

equivalent to or higher than manned aircraft operations under the current regulatory structure. 

Section V below identifies the limitations and conditions to which petitioner agrees to be bound 

when conducting commercial operations under a grant of this petition. Appendix A contains a 

matrix connecting (i) the specific proposed condition with (ii) the FAR provision for which it 

provides equivalent level of safety and (iii) one or more recent Section 333 exemption grants in 

which the FAA recognized this equivalent level of safety.

Approval of the commercial operations outlined in this petition presents no national 

security issue. The PIC will possess, at minimum, a sport pilot’s certificate, so he or she will 

have been subject to security screenings by the Department of Homeland Security.

V. Proposed Conditions of the Exemption

1. The UAs, including battery and technical payload will weigh no more than approximately 1

lb. (0.45 kg.).

2. UA operations under this exemption will be limited to conducting operations for the purpose 

of utility and infrastructure inspections in Class G airspace nationwide, unless otherwise 

prescribed by an ATO issued COA.

3. Flights will be operated within line of sight of a PIC and VO.

4. Flights will be operated at an altitude of no more than 400 feet AGL, as indicated by the 

procedures specified in the operating documents. All altitudes reported to ATC must be in feet 

AGL.

5. The UA will not be flown at an indicated airspeed exceeding 48 knots. 

6. Minimum flight crew for each operation will consist of the UA PIC and a VO.

7. The PIC will have at minimum a sport pilot license and either a U.S. driver’s license or a third 
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class medical certificate.

8. The petitioner will not permit any PIC to operate unless the PIC meets its qualification criteria 

and demonstrates the ability to safely operate the UA in a manner consistent with how the UA 

will be operated under this exemption, including evasive and emergency maneuvers and 

maintaining appropriate distances from persons, vessels, vehicles and structures. PIC 

qualification flight hours and currency will be logged in a manner consistent with 14 CFR 

§61.51(b). A record of the PIC training will be documented and made available upon request 

by the Administrator. Training operations will only be conducted during dedicated training 

sessions. During training, proficiency, and experience-building flights, all persons not essential 

for flight operations will be considered nonparticipants, and the PIC will operate the UA with 

appropriate distance from nonparticipants in accordance with 14 CFR § 91.119. 

9. The VO will not perform any other duties beyond assisting the PIC with seeing and avoiding 

other air traffic and other ground based obstacles/obstructions, and will not be permitted to 

operate the camera or other instruments.

10. The PIC will be designated before the flight and will not be allowed to transfer his or her 

designation for the duration of the flight. The PIC will ensure that the VO can perform the 

functions prescribed in these conditions and the operating documents.

11. A briefing will be conducted in regard to the planned UA operations prior to each day’s 

activities. It will be mandatory that all personnel who will be performing duties in connection 

with the operations be present for this briefing. 

12. Prior to each flight, the PIC will inspect the UA, including the Ground Control Station, to 

ensure it is in a condition for safe flight. If the inspection reveals a condition that affects the 

safe operation of the UA, the PIC will not operate the UA until the necessary maintenance has 

been performed and the UA is found to be in a condition for safe flight. All maintenance and 

alterations will be properly documented in the aircraft records.

13. Petitioner will conduct a functional flight test on any UA that has undergone maintenance or 

alterations that affect the UA operation or flight characteristics, e.g. replacement of a flight 

critical component. The PIC who conducts the functional test flight will make an entry in the 

aircraft records. 

14. The petitioner will carry out its maintenance, inspections, and record keeping requirements, in 

accordance with the UA manufacturer’s aircraft/component, maintenance, overhaul, 

replacement, inspection, and life limit requirements set forth in the operating documents. 

Maintenance, inspection, alterations, and status of replacement/overhaul component parts will 

be noted in the aircraft records, including total time in service, description of work 

accomplished, and the signature of the authorized person returning the UA to service. The 

authorized person will make an entry in the aircraft record of the corrective action taken against 

discrepancies discovered between inspections.

15. The UA will be operated within visual line of sight (VLOS) of the PIC and VO at all times. 

This requires the PIC to be able to use human vision unaided by any device other than 

corrective lenses. PIC and VO will at all times be able to communicate verbally. They will not 

be permitted to use electronic messaging or texting to communicate during flight operations. 
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16. The PIC will not begin a flight unless (considering wind and forecast weather conditions) there 

is enough power to fly at normal cruising speed to the intended landing point and prepare to 

land with at least 25% battery power remaining.

17. Actual total flight time for each operational flight will result in no less than a 25% battery 

reserve.

18. The UA will have the capability to abort a flight in case of unexpected obstacles or 

emergencies. 

19. The UA will be programmed so that if it loses communications or loses its GPS signal, it will 

return to a pre-determined location within the planned operating area and land or be recovered 

in accordance with the operating documents.

20. If the UA and its radio control link disconnect during flight, the system’s failsafe protection 

will be triggered and the multirotor will return to home and land automatically, rather than 

flying off uncontrollably or landing at an unknown location. 

21. The operating documents required under 14 CFR §§ 91.9 and 91.203 will be maintained and 

available to the PIC at the Ground Control Station of the UA any time the UA is operating. 

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

upon request. If a discrepancy exists between the conditions and limitations in the exemption 

grant and the procedures outlined in the operating documents, the grant conditions and 

limitations will take precedence and will be followed. Otherwise, the petitioner will follow the 

procedures outlined in its operating documents. If it updates or revises its operating documents, 

it will present updated and revised documents to the Administrator upon request. If the 

petitioner determines that any update or revision would affect the basis upon which the FAA 

granted the exemption, then the Petitioner will petition for an amendment to the grant of 

exemption. 

22. Petitioner will obtain written and/or oral permission from the landowners/authorized agents of 

the landowners over which flights will be conducted.

23. Petitioner will obtain all required permissions and permits from territorial, state, county or city 

jurisdictions, including local law enforcement, fire, or other appropriate governmental 

agencies. 

24. UA operations will not be conducted during night, as defined in 14 CFR § 1.1. All operations 

will be conducted under visual meteorological conditions (VMC). Flights will not be 

conducted under special visual flight rules (SVFR). 

25. The petitioner will obtain an Air Traffic Organization (ATO) issued Certificate of Waiver or 

Authorization (COA) prior to conducting any operations under the grant of exemption. 

Petitioner will request a Notice to Airman (NOTAM) not more than 72 hours in advance, but 

not less than 48 hours prior to the operation. All operations will be conducted in accordance 

with airspace requirements in the ATO issued COA, including class of airspace, altitude level 

and potential transponder requirements. 

26. The UA will not be operated within 5 nautical miles of an airport reference point as denoted 
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on a current FAA-published aeronautical chart unless a letter of agreement with that airport’s 

management has been obtained, and the operation is conducted in accordance with a NOTAM 

as required by the operator’s COA. Any letter of agreement with the airport management will 

be made available to the Administrator upon request. 

27. The UA will 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. 

28. All operations shall be conducted in Class G airspace or as otherwise prescribed in an ATO 

issued COA. 

29. All aircraft operated in accordance with this exemption will be identified by serial number, 

registered in accordance with 14 CFR part 47, and have identification (N-Number) markings 

in accordance with 14 CFR part 45, Subpart C. Markings will be as large as practicable. 

30. Before conducting operations, petitioner will ensure that the radio frequency spectrum used 

for operation and control of the UA complies with the Federal Communications Commission 

(FCC) or other appropriate government oversight agency requirements. 

31. The UA will remain clear and yield the right of way to all manned aviation operations and 

activities at all times. 

32. The UA will not be operated by the PIC from any moving device or vehicle. 

33. Petitioner will conduct all flight operations at least 500 feet from all nonparticipating persons, 

vessels, vehicles, and structures unless one of the following three conditions is met:

a. Barriers or structures are present that sufficiently protect nonparticipating persons from the 

UA and/or debris in the event of an accident. The petitioner will ensure that 

nonparticipating persons remain under such protection. If a situation arises where 

nonparticipating persons leave such protection and are within 500 feet of the UA, the PIC 

will ensure that flight operations cease immediately.

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

such vessels, vehicles or structures has granted permission and the PIC has made a safety 

assessment of the risk of operating closer to those objects and determined that it does not 

present undue hazard.

c. Operations nearer to the PIC, VO, operator trainees or essential persons do not present an 

undue hazard to those persons per § 91.119(a).

34. Petitioner will report any incident, accident, or flight operation that transgresses the lateral or 

vertical boundaries of the operational area as defined by the applicable COA to the FAA's UAS 

Integration Office (AFS-80) within 24 hours. Petitioner will report accidents to the National 

Transportation Safety Board (NTSB) per instructions contained on the NTSB Web site: 

www.ntsb.gov.
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VI. Privacy 

There is little concern that the proposed flights will cause invasions of privacy. All flights 

will occur over either (a) public rights of way where there is no expectation of privacy; or (b) over 

private property with permission of the landowner/authorized agent and consent of participating 

individuals. Please refer to Exhibit 1, Section 5 for SES’s privacy policy.

VII. Public Interest and Safety

The planned UA use will increase ground safety for (1) utility and infrastructure inspection 

and (2) precision agriculture applications.

The enhanced safety and reduced environmental impact achieved using a UA and carrying 

no passengers or crew, rather than a manned aircraft of significantly greater proportions, carrying 

crew in addition to flammable fuel, gives the FAA good cause to find that the UA operation 

enabled by this exemption is in the public interest.

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 exemption allowing commercial operation of petitioner’s UA in the utility 

and infrastructure inspection industries, pursuant to SES’s rules of operation. Please refer to 

Exhibit 1 Section 3 for SES’s Safety policy, and Exhibit 2, Section 2 for details regarding the 

safety training PICs will receive.

A. Utility and Infrastructure Inspection

The planned UA use will increase ground safety in the utility and infrastructure industries.

These inspections are traditionally completed with manned helicopters, which weigh thousands of 

pounds and are significantly more expensive to operate than the InstantEye, which weighs no more 

than 1 lb. UAs are able to travel more closely than manned aircraft to the utilities, and are often 

able to take photographs of areas that would be inaccessible to manned aircraft. Moreover, UA use 

will allow quicker responses to emergency situations when utility and infrastructure becomes 

compromised. Petitioner has included two letters of intent to do business from local utility 

companies who are interested in working with petitioner, due to the increase safety offered by UA 

use.

The FAA has previously approved the InstantEye Mk-2 GEN3 for utility and infrastructure 

inspection in Exemption Nos. 10968, 11217 (aerial inspections of wind turbine blades and towers),

11238 and 11238A (utility – electric grids). The FAA has also previously approved a variety of 

other UAs for utility and infrastructure inspections in Exemption Nos.:

11185 (electric transmission and distribution utility system monitoring, power line 

inspections, and damage assessments);

11224 (inspections of emergency infrastructure);

11241 (flare stack inspection; utility-power generation system inspections and patrolling; 

pipeline inspection and patrolling);

11253 (evaluation and analysis of infrastructure inspections operations);

11278 (thermal and photographic inspection of power infrastructure);

11326 (inspections of energy infrastructure);
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11376 (inspections for utility and construction industries);

11435 (inspections of fixed infrastructures in controlled environments);

11442 (aerial infrastructure inspections);

11457 (examination and monitoring of power lines, pipelines and related utility structures);

11524 (oil and gas pipeline inspections, solar installation inspections, power line/cable 

inspections, cooling tower inspections, forestry, critical infrastructure inspections, wind 

turbine inspections, safety and security monitoring, radiation measurement, surveying, and 

mapping);

11538 (inspections of energy infrastructure); and

11651 (infrastructure inspection such as solar farms, wind turbines, and construction 

projects).

B. Precision Agriculture Applications

Use of UA technology to assist in precision agriculture is a benefit not only to farmers, but 

to the public as a whole, and to the environment. Farmers will have greater analytical tools at their 

disposal for managing crops, leading to decreased use of resources. This will result in both 

reduction of cost and increase in quality – benefits that will be passed on to the public. 

Additionally, using less water and chemicals during commercial farming operations will reduce 

the impact that the operation has on the environment.

As Jeff Vanderwerff testified on behalf of the American Farm Bureau Federation before 

members of the Senate Committee on Commerce, Science, & Transportation on March 24, 2015:

[The benefit of UA comes from] their ability to provide detailed scouting 

information on weed emergence, insect infestations and potential nutrient 

shortages. This valuable information allows the farmer to catch these threats before 

they develop into significant and catastrophic problems. By addressing threats 

quickly, the farmer has a greater likelihood of being able to respond appropriately 

so as to optimize yields.

The imagery from UAS also allows the farmer to spot-treat sections of the fields as 

opposed to watering or spraying the entire field. The quicker a farmer can discover 

a potential threat, the quicker the farmer can address the issue. Images from UAS 

allow the farmer to identify the specific location where a specific treatment – be it 

fertilizer, water, pesticides, or herbicides is necessary; in doing so, the farmer can 

eliminate the need to use these applications more broadly across the entire field. By 

spot-treating threats to the crop, the farmer not only lowers the cost of treatment 

but also has the potential of lowering the environmental impact by minimizing 

application.” (emphasis added)1

The FAA has previously approved a variety of other UAs for commercial precision farming 

and agriculture applications in Exemption Nos.:

11110 (precision aerial surveys);

 1 Unmanned Aircraft Systems: Key Considerations Regarding Safety, Innovation, Economic 

Impact, and Privacy Before the S. Comm. On Commerce, Science, & Transportation, 114th 

Cong. 1 (2015) (written statement of Jeff Vanderwerff on behalf of the American Farm Bureau 

Federation).
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11136 (photogrammetry and crop scouting in order to perform precision agriculture); 

11167 (high-resolution aerial imagery in support of biomass analysis and estimation, yield 

monitoring, leaf area indexing and reporting of geographical data and overall crop health 

to a domestic agricultural seed company);

11170 (precision agriculture operations); 

11177 (commercial precision agriculture surveys);

11192 (aerial photography and 3D mapping for the agriculture industry);

11193 (precision photogrammetry and crop scouting for precision agriculture);

11195 (aerial photography for agriculture);

11222 (collect high quality, actionable data for use by agronomists, crop consultants, and 

forestry professionals);

11223 (precision agriculture survey and inspection operations);

11226 (precision aerial surveys);

11228 (aerial acquisition and research in support of the agriculture industry);

11229 (aerial acquisition and research in support of the agriculture industry);

11462 (aerial imagining of crop health and other agricultural use cases);

11477 (aerial photography for agriculture);

11567 (aerial surveys, including precision agriculture);

11577 (agricultural inspection and data collection);

11581 (precision agriculture);

11617 (precision photogrammetry and croup scouting);

11635 (photogrammetry and crop scouting);

11648 (aerial video and photography services for agriculture);

11662 (aerial survey of agriculture);

11673 (precision agriculture);

11689 (agricultural operations);

11697 (crop surveying);

11740 (precision photography for agricultural applications); and

11759 (aerial data capture for precision agriculture).
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VIII. Regulations from Which Exemption is Requested

Appendix A: FARs as to which SES wishes the same determination to be made as has been 

made previously.

FAR 

Provision

Applicable condition(s) in 

Section 5 of petition

FAA Exemption Decision

21(h) 1, 2, 3, 4, 5, 16, 25, 28, 29 Nos. 11062, 11063, 11064, 11065, 11066, 11067, 

11080, 11109, 11111, 11110, 11114, 11136, 11138, 

11150, 11153, 11156, 11157, 11166, 11167, 11170, 

11171, 11172, 11174, 11176, 11177, 11178, 11184, 

11185, 11188, 11189, 11191, 11192, 11193, 11195

43.7 13, 14 No. 11208

43.11 12 No. 11208

45.11 29 No. 11208

45.27 29 No. 11188

45.29 29 Nos. 11136, 11157, 11170, 11185, 11193

91.7(a) 12 Nos. 11062, 11063, 11064, 11065, 11066, 11067, 

11080, 11109, 11110, 11136, 11138, 11150, 11153, 

11156, 11157, 11158, 11160, 11161, 11166, 11167, 

11170, 11171, 11172, 11174, 11177, 11178, 11184, 

11185, 11188, 11189, 11191, 11192, 11193, 11195, 

11204

91.9(b)(2) 22 Nos. 11062, 11063, 11064, 11065, 11066, 11067, 

11080, 11109, 11110, 11111, 11112, 11114, 11136, 

11138, 11150, 11153, 11156, 11157, 11062, 11063, 

11064, 11065, 11066, 11067, 11080, 11109, 11110, 

11111, 11112, 11114, 11136, 11138, 11150, 11153, 

11156, 11157, 11174, 11177, 11178, 11184, 11185,

11189, 11192, 11193, 11195

91.9(c) 30 Nos. 11136, 11170, 11171, 11174, 11185

91.103(b)(2) 3, 9, 15, 16, 17, 18, 19, 20 Nos. 11062, 11063, 11064, 11065, 11066, 11067, 

11080, 11109, 11138, 11150, 11153, 11156, 11158, 

11160, 11161, 11166, 11167, 11171, 11172, 11176, 

11177, 11178, 11184, 11185, 11188, 11188, 11189, 

11191, 11192, 11193, 11195, 11204

91.105 6 No. 11185 

91.109 7, 8 Nos. 11062, 11063, 11064, 11065, 11066, 11067, 

11080, 11109, 11110, 11112, 11136, 11138, 11150, 

11153, 11156, 11157, 11166, 11167, 11170, 11171, 

11174, 11177, 11184, 11185, 11189, 11191, 11192, 

11193, 11194, 11195, 11206, 11208

91.113(b) 3, 31 No. 11238
16

FAR 

Provision

Applicable condition(s) in 

Section 5 of petition

FAA Exemption Decision

91.119(c ) 4, 33 Nos. 11162, 11163, 11164, 11165, 11166, 111080, 

111109, 11110, 11111, 11112, 11114, 11136, 

11138, 11150, 11153, 11156, 11160 11161, 11166, 

11167, 11170, 11171, 11172, 11174, 11176, 11178, 

11185, 11188, 11189, 11190, 11193

91.121 4 Nos. 11162, 11163, 11164, 11165, 11166, 111080, 

111109, 11136, 11138, 11150, 11153, 11156, 11160 

11161, 11166, 11167, 11170, 11171, 11174, 11176, 

11178, 11185, 11188, 11189, 11190, 11193

91.151(a) 16, 17 Nos. 11110, 11153, 11156, 11161; 111109, 11110, 

11112, 11136, 11138, 11150, 11153, 11156, 11160 

11161, 11166, 11167, 11170, 11171, 11172, 11174, 

11176, 11178, 11185, 11188, 11189, 11190, 11193

91.203 (a) 

and (b)

22 Nos. 11062, 11063, 11064, 11065, 11066,

11067, 11080, 11109, 11110, 11111, 11112,

11114, 11136, 11138, 11150, 11153, 11156,

11157, 11170, 11171, 11172, 11174, 11176,

11177, 11178, 11184, 11185, 11188, 11188,

11189, 11191, 11192, 11193, 11195

91.215 25, 26 No. 11185, 11195

91.403 12, 13, 14 No. 11185

91.405(a) 12, 13, 14 Nos. 11062, 11063, 11064, 11065, 11066,

11067, 11080, 11109, 11110, 11111, 11112,

11114, 11136, 11138, 11150, 11153, 11156,

11157, 11158, 11160, 11161, 11166, 11167,

11170, 11171, 11172, 11174, 11176, 11177,

11178, 11184, 11185, 11188, 11188, 11189,

11191, 11192, 11193, 11195, 11204

91.407(a)(1) 14 Nos. 11062, 11063, 11064, 11065, 11066,

11067, 11080, 11109, 11110, 11111, 11112,

11114, 11136, 11138, 11150, 11153, 11156,

11157, 11158, 11160, 11161, 11166, 11167,

11170, 11171, 11172, 11174, 11176, 11177,

11178, 11184, 11185, 11188, 11188, 11189,

11191, 11192, 11193, 11195, 11204

91.409(a)(1) 12, 13, 14 Nos. 11062, 11063, 11064, 11065, 11066,

11067, 11080, 11109, 11110, 11111, 11112,

11114, 11136, 11138, 11150, 11153, 11156,

11157, 11158, 11160, 11161, 11166, 11167,

11170, 11171, 11172, 11174, 11176, 11177,

11178, 11184, 11185, 11188, 11188, 11189,

11191, 11192, 11193, 11195, 11204
17

FAR 

Provision

Applicable condition(s) in 

Section 5 of petition

FAA Exemption Decision

91.409(a)(2) 12, 13, 14 Nos. 11062, 11063, 11064, 11065, 11066,

11067, 11080, 11109, 11110, 11111, 11112,

11114, 11136, 11138, 11150, 11153, 11156,

11157, 11158, 11160, 11161, 11166, 11167,

11170, 11171, 11172, 11174, 11176, 11177,

11178, 11184, 11185, 11188, 11188, 11189,

11191, 11192, 11193, 11195, 11204

91.417(a) 12, 13, 14 Nos. 11062, 11063, 11064, 11065, 11066,

11067, 11080, 11109, 11110, 11111, 11112,

11114, 11136, 11138, 11150, 11153, 11156,

11157, 11158, 11160, 11161, 11166, 11167,

11170, 11171, 11172, 11174, 11176, 11177,

11178, 11184, 11185, 11188, 11188, 11189,

11191, 11192, 11193, 11195, 11204

91.417(b) 12, 13, 14 Nos. 11062, 11063, 11064, 11065, 11066,

11067, 11080, 11109, 11110, 11111, 11112,

11114, 11136, 11138, 11150, 11153, 11156,

11157, 11158, 11160, 11161, 11166, 11167,

11170, 11171, 11172, 11174, 11176, 11177,

11178, 11184, 11185, 11188, 11188, 11189,

11191, 11192, 11193, 11195, 11204
Tactical Robotics

A Division of Physical Sciences Inc.

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InstantEye Mk2 Gen3 sUAS

Eyes in before guys in.

Introduction Groundstation Payloads Technical Specifications

Why InstantEye?

InstantEye is a high-performance, low-cost aerial system that can be hand

 launched/recovered by a single person in any weather. The vehicle weighs less than one

 pound and can go from a stowed configuration to airborne in under 30 seconds to provide

 rapid situational awareness and tactical sensor operation for 30 minutes. No piloting skills are

 required to operate the InstantEye system in day/night conditions, in winds up to 30mph, or

 from a moving ground or maritime position.

Exceptional Flight Response

The aircraft uses 100% custom control algorithms derived from Physical Sciences Inc. (PSI)

 biomimetic research of hawk moths in turbulent winds and collisions. InstantEye offers

 stability, position hold, and responsiveness unlike any other sUAS despite its low mass, small

 size, and low cost.

Utilizing the Ground Control Station’s first person view the pilot can freely reposition the

 vehicle’s camera during flight. Precision position hold enables continuous surveillance with

 minimal correction.The Ground Control Station can be used from the prone position without

 any external antennas and provides a high nit, transreflective daylight readable screen with

 simple, intuitive on screen information.

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18
Combat Proven Design

InstantEye is small, light, packable, and tough. When using the field case, an InstantEye

 aircraft, Ground Control Station (GCS), payloads, and several batteries can be easily stowed

 in the outer pouch of a standard rucksack or clipped on externally. The system has been

 designed for dismounted squad-based deployment which provides unparalleled versatility by

 any sUAS in its class.

Eyes where you need them to be.

InstantEye features three cameras - forward, angled, downward - with multiple zoom levels.

 The center crosshairs provide the GPS location of the view point when looking at the ground

 or the vehicle’s location when looking forward. Easily toggle through the cameras to expose

 targets from any perspective. Record video directly to the ground station via the DVR and use

 the BNC video output from the GCS to broadcast the video live to an external source.

Further extend your imaging capabilities by affixing an optional GoProTM HD or FLIRTM

 thermal camera.

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Tactical Robotics

A Division of Physical Sciences Inc.

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Flight time remaining

Range and direction to aircraft, relative aircraft heading using novel

 indicator

Global position of aircraft or view point reticule in MGRS or lat/long

Flight and payload modes

Simplified and useful error and warning messages

InstantEye Mk2 Gen3 sUAS

Eyes in before guys in.

Introduction Groundstation Payloads Technical Specifications

Simplified Ground Station

The InstantEye Ground Control Station (GCS) was designed in close cooperation with

 military and law enforcement personnel. The intuitive flight controls, daylight readable

 transreflective screen, waterproof and robust housing, simplified user interface, and nearinstant boot-up time enable tactical operation with minimal training. Video can be recorded

 using the on-board SD DVR and exported in real time for rebroadcast or post-processing.

The standalone GCS requires no tripods, antennas, external batteries, or other additional

 equipment. This allows deployment in under 30 sec and system operation from any position

 - mounted or dismounted - while retaining situational awareness.

On Screen Display - telemetry and diagnostics

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DVR and Video Distribution

The Ground Control Station (GCS) is equipped with a built-in DVR that uses micro SD

 cards to record video in AVI, MOV, or WMV formats. The on-screen display (OSD) can be

 toggled by the user. The GCS comes standard with a BNC video output jack for use with

 most external displays. PSI has tested this integration with several video distribution

 options to ensure desirable compatibility for end-users. Pair with a third party 3G device or

 mobile hotspot for field-deployment broadcasts where Wi-Fi is not possible. (Please

 contact us for more information about video distribution options)

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Tactical Robotics

A Division of Physical Sciences Inc.

Home Company Products Services Garage News Media Blog Contact

InstantEye Mk-2 sUAS

Eyes in before guys in.

Introduction Groundstation Payloads Technical Specifications

Expand Functionality With Payloads

Despite its light weight and small size, InstantEye can carry payloads up to 300 grams

 with the 4 Ah battery or 450 g with the 2Ah battery. Payloads clip onto the “hip” mount

 and plug into the rear payload port for power and control. The vehicle automatically

 detects the payloads and provides GCS menus and control. PSI will work with you to

 integrate and control specialized payloads or just attach your payload and fly.

IR Flood

Two high powered IR LEDs illuminate a flood straight below the vehicle (in line with the

 standard downward IR sensitive camera) that can illuminate the ground up to 300 feet

 AGL. This makes the vehicle highly visible in dark conditions when viewed with SWIR

 night-vision googles and can be used for landing in wooded areas in without emitting

 visible spectrum light. Best performance is seen between 100 and 150 feet. ‘Power saver

 mode’ disables the LEDs whenever the downward camera is not selected. However, the

 operator can disable ‘power saver mode’ to use the illuminators with other SWIR cameras

 either onboard or elsewhere.

GoProTM HD

InstantEye is designed for plug-n-play operation with a GoProTM Hero3+ camera. The

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22
 camera can be mounted under the vehicle at multiple viewing angles with PSI’s

 integration mounting bracket. The real-time video from the GoProTM can be streamed

 down to the GCS and is selected as a fourth camera input via the camera toggle button.

 Due to the transmission, the live video on the GCS is not of high definition quality;

 however the GoProTM still records in HD video that can be recovered directly from the

 GoProTM.

FLIRTM Quark (Thermal)

The FLIRTM Quark 640 x 480 and FLIRTM Quark 320x240 can both be integrated directly

 into InstantEye providing excellent night time imagery and enhanced daytime imagery.

 Both offer 3 color palettes (white hot, black hot, orange hot) and 4 digital zoom levels (1x

 2x 4x 8x). The thermal camera imagery is selected as a fourth camera via the camera

 toggle button on the GCS.

Mosaic Mapping

InstantEye supports integration with third party cameras and software for image mosaicking

 and photo mapping. The standard kit includes an adjustable mounting point that

 accommodates any type of sensor. PSI has tested and evaluated operation with the 260g

 Canon SX 260 (image right) . Flights can be performed in “supervisory mode” where the user

 flies the vehicle over the path, or automatically computed to sweep a user-defined area in

 heading lock, or path-follow heading mode.

View Mosaic Imaging Options

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Tactical Robotics

A Division of Physical Sciences Inc.

Home Company Products Services Garage News Media Blog Contact

InstantEye Mk2 Gen3 sUAS

Eyes in before guys in.

Introduction Groundstation Payloads Technical Specifications

InstantEye Mk2Gen3 Vehicle

Weight: 320 (dry)

Size: 25cm width (10in)

Video: 3 real-time cameras (standard)

Latency: < 0.01s

Control: Autonomous / Supervisory / Manual

Range: 600-1400 m

Speed: 35 mph autonomous. 55 mph manual

Endurance : >30 minutes (payload dependent)

Ceiling: <12,000 ft MSL

Max Wind: >30 (steady)

Max Payload: 450 grams(2Ah), 300 grams (4Ah)

Lost Link: Automatic return to GCS

Operating Conditions: All Weather, 0F – 120F

Battery: 2Ah/4Ah 11.1V LiPo.

Battery Recharge Time: 60minutes (4Ah)

Battery Swap Time: <60 seconds

Motor/Prop Replace Time: <2minutes

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24
Air Worthiness Release Certified: Yes

Federal Aviation Administration Certification: Experimental (certification required for individual vehicles)

InstantEye Ground Control Station

Weight: 1.5kg

Size: 26cm(W) x 20cm(H) x 9cm(D)

Display: High nit, transreflective, day light readable

Display Control: Contrast, brightness

Operating Conditions: All Weather, 0F – 120F

Battery: 2Ah 11.1V LiPo

Recording: micro SD card, AVI, MOV, WMV

Output: BNC analog

Onscreen Display: Telemetry, modes, warnings, etc.

GPS enabled: yes

Endurance: 120 minutes

Recharge Time: 30minutes (2Ah)

FLIR Thermal Camera

FOV: 45° × 37°

Resolution: 640 × 512

Pallets: White, Black, Orange (Hot)

Zoom: 1x,2x,4x,8x (Digital)

Weight: 50 g

IR Flood LEDs

Wavelength: 850 nm

Power: 6W

Weight: 60g

Zoom: 1x,2x,4x,8x (Digital)

25
Max illumination altitude: 300ft

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26