11030 Cochiti Road SE

Albuquerque NM 87123

(505) 503-6153

www.SilentFalconUAS.com 

August 17, 2015

U.S. Department of Transportation 

Docket Management System 

1200 New Jersey Ave., SE 

Washington, DC 20590 

Subject: Request for Summary Grant of Exemption Under Section 333 of the FAA

Reform Act and Part 11 of the Federal Aviation Regulations 

Dear Sir:

Pursuant to Section 333 of the FAA Modernization and Reform Act of 2012 (the Reform Act) 

and 14 C.F.R. Part 11, Bye UAS Inc., doing business as Silent Falcon UAS Technologies, 

developer and operator of a small Unmanned Aircraft System (sUAS) equipped to conduct aerial 

imagery, hereby apply for an exemption from the relevant Federal Aviation Regulations to allow 

commercial operations. The operations anticipated shall be conducted within and under the 

conditions outlined in the attached petition or established by the FAA as required by Section 

333.1 

As described more fully in the attached petition documentation, the requested exemption would 

permit the operation of our sUAS under controlled conditions. Under these conditions the 

operations will be in such a manner that would provide safety enhancements as compared to 

operations using conventional aircraft. Approval of this exemption would thereby enhance

overall safety and fulfill the Secretary of Transportation’s and the FAA Administrator’s 

responsibilities to “...establish requirements for the safe operation of such aircraft systems in the 

national airspace system.” Section 333(c) of the Reform Act. 

Sincerely,

Gregory W. Walker

Chief Operating Officer

Silent Falcon UAS Technologies
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Petition Documentation

Request for Summary Grant of Exemption Under Section 333 of the 

FAA Reform Act and Part 11 of the Federal Aviation Regulations

1. The name and address of the applicant

Bye UAS Inc.

DBA: Silent Falcon UAS Technologies

11030 Cochiti Road SE

Albuquerque, NM 87123

(505) 503-6153

2. Regulations from which the exemption is requested

• 14 CFR Part 21, Subpart H: Certification procedures for products and parts, 

Airworthiness Certificates

• 14 C.F.R. 45.23(b): Display of marks; general

• 14 CFR 61 Certification: Pilots, Light Instructors, and Ground Instructors

• 14 C.F.R. 91.7 (a) 

• 14 CFR 91.9 (b) (2): Civil aircraft flight manual, marking, and placard requirements

• 14 C.F.R. 91.103 (b) (2): Preflight action

• 14 C.F.R. 91.109: Flight Instruction

• 14 C.F. R. 91.119: Minimum safe altitudes

• 14 C.F.R. 91.121: Altimeter settings

• 14 CFR 91.151 (a): Fuel requirements for flights in VFR conditions

• 14 CFR 91.203 (a1) & (b): Civil aircraft: Certifications required

• 14 CFR 91.405 (a): Maintenance required

• 14 CFR 407: Operation after maintenance

• 14 CFR 409: Inspections

• 14 CFR 417: Maintenance records

3. The Silent Falcon UAS will be operated by a Pilot-in-Command who fulfill the 

following requirements

• Has successfully passed a manufacturer’s training program for the Silent Falcon UAS.

• Has at a minimum, a Ground School Certification and a third class medical certificate. 

4. Aircraft System Description

Aircraft Type:

Electric motor fixed wing

Aircraft Description:

The Silent Falcon is a small, long endurance unmanned system. The Silent Falcon UAS 

houses a stabilized pan/tilt camera turret, designed to track an object of interest for 

extended periods of time. The turret can be fitted with visible, electro-optical, or mid-
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wave infrared cameras for day and night operation. Additionally a NADIR looking highresolution mapping camera can be installed as a mapping payload.

The Silent Falcon provides extended mission endurance through an integrated solar 

power system that reduces battery discharge. 

The system’s specifications are in Table 1 below.

Silent FalconTM sUAS Aircraft Specifications

Payloads Trillium Orion 50 HD EO/IR. IR camera is a FLIR 640 Quark with a 59mm lens 

and 9 Hz frame rate. HD video camera is a Hatachi DI-SC120R Global Shutter 

720p Camera. Mapping payload is a Sony Alpha-7 24.3MP Full Frame Sensor 

with 28mm lens and integrated GPS/INS for shutter control.

Range Up to 100 km depending on flight conditions

Endurance Up to 5 hours practical mission planning depending on flight conditions

Speed 45-83 km/hr (25-45 knots), optimum loiter speed 50 km/hr (27 knots)

Operating Altitude 46 m (150 ft) AGL to 6,000 m (20,000 ft) MSL

Wingspan 4.27 m

Length 2 m

GTOW 16 kg

Autopilot MicroPilot MP2128 g2

Comms Persistent Systems Gen 4 Wave Relay MANET in 2.4 GHz ISM band

Airborne Antenna Dual 3dBi blade(s)

Launch Catapult

Recovery Inverted under parachute

Transponder SageTech Mode S transponder with ADS-B out

Fuel Source Electric (Li-Ion Battery) / Solar (Ascent Solar Thin Film Photovoltaic)

Silent FalconTM sUAS Ground Control Station Specifications

GCS Software Horizon Unified Ground Control Station on Rugged Laptop 

Comms Persistent Systems Gen 4 Wave Relay Quad Radio Router MANET 2.4GHz

Ground Antenna 27 dBi grid parabolic dish tracking antenna

Packaging Aircraft packed in Pelican case; Catapult launcher and spares packed in separate 

Pelican cases. 

Table 1. Silent Falcon sUAS System Specifications

Control Station:

The Silent Falcon uses the MicroPlot autopilot and the MicroPilot Horizon ground 

control software. The control station controls the Silent Falcon during all phases of 

flight, from launch, throughout its mission profile, and finally to its parachute recovery. 

The control station allows the Pilot-in-Command (PIC) to upload real-time flight profiles, 

as well as to monitor all aspects of the aircraft. 

The ground control station consists of one Windows based computer system for flight 

operations and a separate computer for payload interaction. The ground-based unit 

communicates with the embedded controller within the MicroPilot avionics suite via a 

wireless message stream that travels over the Telemetry and Control (T&C) data link.
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Communication Description:

Normal communications equipment used on the Silent Falcon UAS provides two 

functions: 

• Telemetry and control (T&C)

• Payload and sensor uplink/downlink

The T&C provides bi-directional communications all the flight control system, including 

reporting of aircraft state to the ground station, and uplink of commands to operate the 

aircraft. The T&C communications link is provided by a digital radio system housed in 

the fuselage and various antennas on the ground, either tracking or Omni depending on 

the range requirements. 

The Payload and sensor uplink/downlink provides bi-directional communications 

dedicated to control of and reporting from the payload sensor. This communications 

system also sends real-time payload data (i.e. images) from the aircraft to the ground 

station.

Both the T&C and Payload and sensor radio systems operate simultaneously within a 

single internationally unlicensed, less than 1 Watt ISM 2.4 GHz frequency band radio 

system. This radio system is either a 12 Mb/s MicroHard radio system or a 37 Mb/s 

Persistent Systems radio system.

Spectrum Authorization:

To comply with the appropriate National Telecommunications and Information 

Administration (NTIA) or Federal Communications Commission (FCC) 

authorization/approval the Silent Falcon transmits on the radio frequencies authorized for 

public. The Silent Falcon uses the industrial, scientific and medical (ISM) radio 

bands. These bands are reserved internationally for the use of radio frequency (RF) 

energy for industrial, scientific and medical purposes other than telecommunications. As 

such, any radio equipment must been designed and tested to tolerate any interference 

generated by ISM equipment or other radio equipment and users have no regulatory 

protection from ISM device operation. With advanced signal management radio 

communications within these bands has been proven highly effective and are used in 

many critical application.

Certified TSO Components:

There are no TSO components within the Silent Falcon UAS system.

Physical Characteristics

Wingspan: 14 ft

Length: 6.5 ft

Gross Takeoff Weight: 35 lbs
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Performance Characteristics

Climb Rate: 450 ft/min (7.5 ft/sec.)

Descent Rate: 400 ft/min

Turn Rate: 6 deg/sec

Maximum Level Flight Speed: 45 knots

Stall Speed: 23 knots

Mission Cruise Speed: 27 knots

Operating Maximum MSL: 20,000 ft

Operating Minimum AGL: 150 ft

Battery Only Flight Duration: 5+ hours

Maximum Solar Assist Duration: 9 hours

Maximum Flight Range: 60 miles (with tracking GCS antenna)

Launch: Catapult

Recovery: Parachute

5. Procedures

Launch:

The Silent Falcon UAS is launched via a spring-tensioned catapult system. The small, 

tensioned launcher gives the Silent Falcon UAS an initial velocity in excess of 35 knots

and a positive rate of climb. The aircraft is launched at a 10-degree pitch angle. 

After launch the aircraft rotates to a 15-degree climb attitude and climbs wings level until 

it reaches a pre-designated safe altitude of 150 ft AGL. At this point the aircraft turns 

towards its first programmed waypoint and continues to climb or maintain the minimum 

safe operating altitude as it heads to the first waypoint. The altitude can vary depending 

on the waypoint’s designated altitude. The 150 ft AGL safe altitude can be reduced when 

required to as low as 100 ft AGL.
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Recovery:

The Silent Falcon recovers with a parachute system. The parachute is stored in the 

parachute bay on the bottom of the fuselage and is released by the PIC upon a confirmed 

command. Unless in an emergency situation the electric motor is stopped for 3-second 

delay prior to deploying the parachute to allow the propeller blades to fold into a more 

protected state. The parachute is harnessed to the Silent Flacon UAS by 3 hard points on 

the bottom of the fuselage. Minimum safe deployment altitude for the parachute to 

ensure it is arresting the descent is 100 ft AGL. The descent rate under the opened 

parachute is 15 ft/sec.

In normal operation the aircraft is flown back to the designated landing area and altitude

above the minimum safe deployment altitude. Once the aircraft is in its designated 

position and altitude the PIC will activate the parachute, allowing the parachute to 

release. The aircraft will then drift down until it is on the ground whereby the ground 

crew collects the aircraft and its parachute for post-flight inspection.

Lost Link:

The Silent Falcon UAS has a series of mission parameters that are physically loaded into 

the aircraft’s flight control computer’s non-volatile memory prior to flight. These 

parameters define the locations of “home” where it will deploy the parachute recovery 

system if in a failure pattern due to lost link as well as timing for considering when a link 

is lost and safety limits, such as minimum MSL altitude used by the aircraft in the event 

of a lost link or lost-navigation event occurs as the system navigates to it’s home location. 

These parameters are uniquely selected for a given launch and recovery site and are 

configured for the anticipated flight environment and mission being executed.

 

Upon return to base the Silent Falcon UAS will initiate a recovery procedure. The aircraft 

will return to home, climb/descend to its pre-designated parachute deployment altitude, 

then deploy its parachute for its recovery. 

Emergency:

Emergency procedures for the Silent Falcon UAS are resolved via automatic logic and 

emergency procedure checklists. Portions of the checklists are automated within the 

Control Station and the Pilot-In-Command is extensively trained on emergency 

procedures. The following is a brief overview of the basic safety-related considerations 

implemented during the execution of the major emergency types.

Major Emergency Types & Procedures

Emergency Procedure

Launch 

Failures

The UAS is launched in a direction and manner such that, in the 

unlikely event of a failed launch for any reason, the air vehicle will not 

incur damage to property or personnel. When selected the launch range 

is clear of all obstructions to a minimum horizontal distance of 300 feet.

Motor In the unlikely event of an in-flight electric motor failure, the PIC 
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Failure directs the UAS to the nearest safe recovery point and depending on 

altitude initiates the parachute recovery procedure. 

Lost Link

If communications are lost with the UAS, the vehicle proceeds direct to 

home where it maintains station for a pre-designated period of time. 

The aircraft and ground control system detects this loss by not receiving 

their unique timing based round-trip heartbeat messages that are built 

into the radio systems. The PIC is alerted to this loss by displayed 

information on the GCS control panel as well as rudimentary lights on 

the radio’s themselves. This position is located in the immediate 

vicinity of the control station, so that while the UAS is holding, 

additional attempts can be made to re-establish communications with 

the vehicle. If communications are not re-established prior to the 

designated period of time elapsing, the UAS will initiate a parachute 

recovery. If communications are re-established while enroute to home, 

such as if the aircraft flew beyond radio line-of-sight, the PIC will have 

the option to resume the mission, modify the mission, or continue to 

return to home.

Recovery

without 

Parachute

In the event of a failed parachute bay release, the Silent Falcon UAS 

will be flown by the PIC via arcade mode, where the aircraft attitude, 

direction, and throttle are controlled on the GCS to a pre-designated 

belly landing area.

Battery 

Failure

The aircraft tracks battery state, allowing the operator to monitor the 

state of the battery. To trigger a failsafe battery issue the battery has to 

have a persistent failed state that lasts for more than an operator defined 

(factory defined) duration. If a low battery failsafe is triggered, one of 

two things will happen:

1. If the aircraft is more than 100 meters from home it will return 

home and initiate an automatic parachute recovery.

2. If the aircraft is less than 100 meters from home it will initiate an 

automatic parachute recovery.

GPS Failure

The PIC will be notified of this failure. The PIC will have the option to 

land-navigate with compass and airspeed assistance back to the home 

area to initiate a parachute recovery or can initiate a parachute recovery 

upon failure if navigating back is not feasible or desirable due to the 

location or conditions.

Misc. UAS 

Health and 

Status

Emergencies

The UAS regularly transmits the health and status of the air vehicle and 

its systems to the GCS where all systems are monitored real-time by the 

PIC. Should the air vehicle parameters become degraded at any time, 

the PIC will be notified by both visual and audible alarms, and then will 

take the appropriate immediate action(s), and initiate emergency 

procedures as required.

Sensor Loss 

of Function

This will degrade the performance of the system and depending on the 

severity of the sensor failure will force the operator to initiate a return 

home to recover. The only safety loss that such a failure could cause, 
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and this depends on the mode of failure, is that the PIC will be unable to 

land-navigate with visual information such as terrain to return to the 

recovery point.

6. Operational Risk Management

The nature of operations, and the location of effort may both necessitate a detailed investigation 

to identify hazards and implement controls to mitigate risk. The purpose of this Operational Risk 

Management (ORM) plan is the serve as an initial attempt of this management of risk. It shall be 

updated as hazards arise or are identified. This plan serves only to detail the ORM for the safety 

of the crew and supporting parties and equipment. While the primary focus of this ORM is the 

mitigation of risk as it pertains to the Silent Falcon, all identifiable hazards will be addressed for 

any unique operation because any hazard becomes at least slightly more complicated with the 

sUAS potentially involved. 

General Plan for Flight Operations 

A walk-through of the complete process to launch the aircraft will be conducted to 

familiarize any participating staff not familiar with the aircraft operations. Flight 

operations will only commence after all parties are familiar with the process and protocol. 

Flight operations will be below 400 ft AGL altitude. Depending on the language within 

the FAA’s Certificate of Authorization or waiver (COA) the operations will most likely 

be within one mile from qualified aircraft observers at all times.

General Operating Criteria and Flight Restrictions

To some degree these restrictions may become more restrictive based on the COA issued 

by the FAA.

1. Daytime UAS operations.

2. Operations will not be conducted if:

• Ceiling is known to be less than 500 ft minimum

• Visibility less than 0.5 nmi.

• Wind greater than 20 kts or

• Rain more than 0.25 in/hr.

3. No operations will occur in clouds or less than 500 feet below or 2,000 feet 

horizontally from a cloud.

4. Either the PIC or Observer maintains visual contact with the UAV at all times.

5. The PIC will brief all participants on safe zones for all phases of the operation 

prior to mission initiation.

6. VHF/UHF air band transceiver will be available for communication with nonparticipating aircraft in the area.

7. The maximum operating distance from control station to the unmanned aircraft 

will be limited to the visibly monitoring the airspace where the operation will 

occur. This is notionally a one mile range however can be less if the visibility is 

obscured by terrain or weather.

8. Any non-participating aircraft encountered will be avoided by a distance no less 

than 0.5 nm.
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Hazards and Control Measures

This review of the system level safety of the Silent Falcon small UAS describes the 

analysis techniques used to identify hazards and the criteria used to assess the associated 

risk of each hazard to an individual, the unmanned aircraft system, other equipment, or to 

the environment.

1. Hazard Categories. Each hazard was assessed for the safety risks that it presents. 

Safety risk is defined as the combination of the severity of the likely harm that can be 

inflicted and the probability of suffering that harm. The safety criteria used to assess 

the identified risk are in Table 2.

Accident Severity 

Category

Definition – as pertaining to an individual

Catastrophic Injuries permanent total disability or death.

Critical Injuries resulting in permanent partial disability or temporary total 

disability in excess of 3 months.

Marginal Injuries resulting in hospitalization or a limited period of disability 

of less than 3 months. 

Negligible Injuries not resulting in hospitalization but requires only minor 

supportive treatment.

Table 2. Accident Severity Categories

The probability ranges in Table 3 are based on a single operation, including a launch, 

flight, and recovery combination, basis rather than the “life of the system basis”. The 

quantitative values are intended to add a more precise measure of the risk being 

assessed. The risks are analyzed given the documented assumptions about the system 

and the possible operation.

Accident Occurrence (based on a per flight hour evaluation)

Frequency 

Levels

Probability Ranges Qualitative Definition

Frequent 10-1> ≤1 Routinely could be experienced

Occasional 10-2> ≤10-1 Likely to occur (< 10% chance)

Unlikely 10-3> ≤10-2 Possible to occur (<1% chance)

Remote 10-6> ≤10-3 Unlikely to occur (<0.1% chance)

Improbable ≤10-6 Less than “on- in-a-million” chance to occur

Table 3. Probability Ranges

The goal of the risk mitigation effort is to reduce each hazard’s risk to Class C or 

below as defined in Table 4 and Table 5 below.
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Catastrophic Critical Marginal Negligible

Frequent A A A B

Occasional A A B C

Unlikely A B C D

Remote C C D D

Improbable D D D D

Table 4. Risk Classification Scheme

Risk Class Interpretation

Class A Intolerable

Class B Undesirable, and shall only be accepted when risk reduction is 

impractical

Class C Tolerable with review

Class D Tolerable with the approval of a specific operation 

Table 5. Risk Class Definitions

2. Hazard Identification and Analyses Processes. The hazard analysis techniques used 

focuses on identifying top level operating hazards that pose risks to the system’s 

operators, other participating personnel, and the general public, or non-participating 

personnel. The purpose of this analysis is to document the actual operational risk in a 

format suitable for independent analysis of system safety and of the risk mitigation 

processes implemented. Additionally, this analysis provides a method for identifying 

and validating assumptions.

Typically, hazard analyses are based on the evaluation of single failure or 

malfunction scenario. However, the scope of this analysis covers a specific operation 

at system-level hazard taxonomy. All identified safety concerns are documented in 

an effort to fully evaluate and ensure that a thorough representation of the risk is 

presented. The analysis techniques conducted on this system are described below. 

Operating & Support Hazard Analysis - This analysis steps through the various 

mission phases and looks for hazards associated with each phase with special 

emphasis placed on human interaction with the system. The five mission phases 

identified for analysis are:

1) Preflight Planning

2) Mission Preparation

3) Takeoff

4) In-Flight

5) Recovery
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Hazard Classification and Analysis - The methods for hazard identification and 

review is from ongoing research being documented by the FAA’s Unmanned Aircraft 

Systems research office using the approach outlined in figure 1.

Figure 1. UAS Hazard Classification and Analysis System

3. Mission Phases Hazard Log

The following hazard log provides the details of each identified hazard, including a 

description of the concern, mitigation either in process or design, and the final risk. 

The intent is that each mitigation or control will reference evidence as proof that the 

control is in-fact in place and provides the safety function desired. The objective is to 

mitigate the risks minimizing each risk associated with the UAS operations to achieve 

the lowest risk class possible. 

Hazard #1. Failed UAS hazard identification

Inexperience with UAS operations can cause confusion, miscommunication or 

improper action resulting in potential for injury to personal, or damage or loss of 

UAS 

Risk Probability: Occasional 

Risk Severity: Critical 
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Risk Classification: A

Mitigations: 

• Prior to operations the all-observing staff will complete a walkthrough of 

operations to familiarize all aspects of launch, flight and recovery.

• Prior to every operational mission a pre-flight briefing that outlines the 

objectives, intend, and known hazards will be shared with all participating 

individuals. 

• Prior to all flights a comprehensive pre-flight checklist will be followed and 

reviewed by both the PIC and the designated aircraft maintainer.

• A designated person on the team will be assigned the task to ensure that other 

people avoid the area of any hazardous operations that are defined during the 

pre-flight briefing.

Post Mitigation Probability: Remote

Post Mitigation Severity: Critical 

Post Mitigation Classification: C

Hazard #2. Lost link with UAS 

Due to many possible failures communications between the UAS ground control 

station and the vehicle may be lost resulting in an aircraft that will operate without 

direct pilot direction.

Risk Probability: Unlikely 

Risk Severity: Marginal

Risk Classification: C

Mitigations: 

• In the event that this happens all participants will be informed to be looking 

for the aircraft to return to the launch point and if communications is not reestablished prepare for an autonomous parachute recovery.

Post Mitigation Probability: Unlikely 

Post Mitigation Severity: Marginal

Post Mitigation Classification: C

Hazard #3. Recovery of lost UAS on land or water 

Due to unknown reasons the aircraft go down while flying. This crash or remote 

landing happens at an unspecified location.

Risk Probability: Unlikely 

Risk Severity: Critical

Risk Classification: B

Mitigations: 
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• PIC will determine risk/benefit of conducting recovery on case by case basis 

• Use precautions and prepare for a fire when recovering to reduce the 

possibility of injury to crew

• A lost UAS will not be recovered if recovery endangers participants. Prior to 

any recovery attempts, the operation will be discussed between the PIC, crew, 

and all participants that would be involved.

Post Mitigation Probability: Unlikely 

Post Mitigation Severity: Negligible

Post Mitigation Classification: D

Hazard #4. Fire damage resulting from UAS catching fire

An aircraft battery could catch something on fire.

Risk Probability: Unlikely 

Risk Severity: Critical 

Risk Classification: B

Mitigations: 

• Prior to any phase of the mission, battery charging, preflight checks, launch 

operations, and recovery operation, fire extinguishers will be readied to support 

a possible hazard. 

• All safety procedures in the operations of the aircraft regarding batteries will 

be followed such as no battery will be charged without human supervision.

Post Mitigation Probability: Unlikely 

Post Mitigation Severity: Negligible

Post Mitigation Classification: D

Hazard #5. Injury resulting from collision of UAS with a person

During flight operation a person is hit with the aircraft while flying.

Risk Probability: Unlikely

Risk Severity: Catastrophic 

Risk Classification: A

Mitigations: 

• All non-essential personnel are to remain clear during the launch and recovery.

• No low altitude over flight of individuals will be planned.

• The parachute recovery of the Silent Falcon will be planned no closer than 50 

meters from participants. 

Post Mitigation Probability: Improbable

Post Mitigation Severity: Remote

Post Mitigation Classification: C
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Hazard #6. Ground based equipment damage resulting from collision of UAS

During flight operations an aircraft hits and damages equipment.

Risk Probability: Unlikely 

Risk Severity: Marginal

Risk Classification: C

Mitigations: 

• Ensure all known hazard areas are clear of non-essential gear during UAS 

operations 

Post Mitigation Probability: Remote

Post Mitigation Severity: Marginal

Post Mitigation Classification: D

Hazard #7. Injury from propellers

This event is most likely to occur during take-off, landing, or recovery procedures.

Risk Probability: Occasional 

Risk Severity: Critical 

Risk Classification: A

Mitigations:

• PIC will insure that all personnel are aware when battery is placed in the 

vehicle

• PIC will designate launch personnel.

• Establish safe zone around launch personnel

• PIC will ensure safe zone is clear prior to launch

• During transit of the Silent Falcon aircraft from the parachute impact site back 

to the ground operations station, the crew will ensure first ensure that the 

motor safety key is installed in the aircraft and that the base station is secured 

to prevent activation of the aircraft motor.

• The checklists for the aircraft system recovery will be followed.

Post Mitigation Probability: Remote

Post Mitigation Severity: Critical 

Post Mitigation Classification: C

Hazard #8. Mid-Air Collision with Other Aircraft 

Notice to Airmen will be issued for the area of operation. 

Risk Probability: Remote

Risk Severity: Critical 

Risk Classification: C
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Mitigations:

• Notice to Airmen will be issued for the area of flight operations.

• External observers will be monitoring the airspace during all flight operations.

• The operations will be conducted in remote areas not frequented by general 

aviation traffic.

• VHF/UHF air band transceiver will be available for communication with 

unforeseen aircraft.

• If an aircraft is detected the PIC shall be notified and will determine if evasive 

maneuvering is required. 

Post Mitigation Probability: Improbable

Post Mitigation Severity: Critical 

Post Mitigation Classification: D 

Final Assessment 

Though there can be no guarantee that all possible hazards have been identified or all 

risks completely mitigated, safe completion of this and the flight operation is certainly 

possible. Operations should proceed slowly and conservatively and ensure all 

participants are comfortable with operations and have gained a keen situational 

awareness to the UAS operations.

The following are the arguments and evidence to demonstrate that the Silent Falcon is 

tolerably safe for use for remote area experimentation. Tolerably safe is defined as 

meeting the safety risk goals established by this ORM plan.

1. Top Level Arguments. Two main arguments were identified that demonstrate the 

Silent Falcon is safe to operate. They are discussed below.

1. Identified and Mitigated Hazards. The main hazards associated with launch, 

flight, and recovery of the Silent Falcon UAS have been identified and are either 

mitigated by design or can be mitigated sufficiently through established 

procedures to meet the ORM plan’s risk goals.

2. Intrinsically Low Hazards. The general risk of flight operations of Silent Falcon

is intrinsically low because:

• It is a small aircraft, about the size of a large bird,

• It is a light weight aircraft,

• Its total energy that is relatively low during flight,

• Its design includes automated safety features,

• Its position and health are monitored in real-time during the flight,

• The pilot has immediate capability to correct the aircraft and put it back to 

course,

• The system contains an integrated flight termination capability,
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• Its operation is monitored by external observers when not operating in 

controlled airspace,

• Flight operations will be conducted over unpopulated areas or within 

controlled airspace.

2 Flight Operations Safety Evidence. Unmanned aircraft in general present two 

significant risks to personnel during flight operations. The following paragraphs 

address the potential for the Silent Falcon to strike personnel during a crash landing 

or uncontrolled flight as well as its the potential to impact other aircraft while in flight 

during the anticipated operations.

1. Ground Impact: The prime safety concern during flight operations is an aircraft 

crash in an area where there is a potential to injure or kill personnel. Based on the 

small size of the aircraft and its lightweight, it is judged that it would take a direct 

hit of the fuselage to result in fatal injuries. Therefore operations are only 

planned in remote locations. The population density under the flight airspace 

would need to be greater than 100 people per square mile, in the open without any 

protection, a number well above that in expected operational areas to present a 

probability of impacting an individual on the ground of greater than one-in-amillion with the current mishap rate. A mishap is defined as an anomalous 

launch, flight, or recovery that involves an “out-of-control” crash. 

2. Airborne Impact: The ability under normal operations to maneuver to avoid any 

other air traffic, make the likelihood of a mid-air collision less than that of a 

ground causality for a couple reasons:

1. The other aircraft has 3-dimensions of spatial variability and not merely two 

as an individual on the ground.

2. The other aircraft also has the ability and responsibility to avoid a mid-air 

collision. This task can be challenging because the small UAS is harder to see 

than a manned aircraft but large bird strikes are avoided by small aircraft and 

the UAS flight behavior and color markings make it far easier to avoid than a 

camouflaged and very dynamically agile bird.

7. Application

Silent Falcon UAS Technologies intends to use the Silent Falcon to conduct imaging flights for 

product evaluation, land survey, and security missions. The aircraft will be used over controlled 

access property and only used to image property for which we have either contracted by the 

landowner or have landowner permission to image. 

8. Operational Expectations

Silent Falcon UAS Technologies established the following list of operational expectations for 

their anticipated flights. Furthermore Silent Falcon acknowledges that any specific FAA 

Certificate of Authorization granted might augment this list and any FAA operational 

expectation that contradicts any of these will supersede the expectation described here.
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1. Operations authorized by a grant of exemption are limited to the aircraft described in the 

operating documents. Any other aircraft will require a new petition. 

2. The UAS may not be flown at an indicated airspeed exceeding 45 knots. 

3. The UAS must be operated at an altitude of no more than 400 feet above ground level 

(AGL).

4. The UAS must be operated within visual line of sight (VLOS) of the 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.

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 ensure that the VO can perform 

their expected functions.

6. The operating documents and any grant of exemption must be maintained and made available 

to the FAA Administrator upon request.

7. Prior to each flight the PIC will 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 and proper documentation in the aircraft logbook 

is complete. The Ground Control Station must be included in the preflight inspection. 

8. Any UAS maintenance or alterations that affect the UAS operation or flight characteristics, 

e.g. replacement of a flight critical component, must undergo a functional test and make 

appropriate annotations in the aircraft records.

9. The pre-flight inspection must account for all discrepancies. 

10. The operator must follow the UAS aircraft/component, maintenance, overhaul, replacement, 

inspection, and life limit requirements. 

11. The operator must carry out its maintenance, inspections, and record keeping requirements, 

in accordance with the operating documents. Maintenance, inspection, and alterations must 

be noted in the aircraft records, including total flight hours, description of work 

accomplished, and the signature of the responsible maintenance party returning the UAS to 

service. 

12. Each UAS operated under this exemption must comply with all manufacturer System and 

Safety Bulletins.

13. The PIC must make an entry in the aircraft record of the corrective action taken against 

discrepancies discovered between inspections. 

14. A record of training must be documented and made available upon request by the FAA

Administrator. Training operations may only be conducted during dedicated training 

sessions. 

15. UAS operations may not be conducted during night, as defined in 14 CFR 1.1. All operations 

must be conducted under visual meteorological conditions (VMC). 

16. The UA may not operate within 5 nautical miles of the airport reference point as denoted on 

a current FAA-published aeronautical chart. 

17. 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. 
Petition material for FAA 333 exemption application

17

18. If the UA loses communications or loses its GPS signal, it must return to a pre-determined 

location within the planned operating area and land or be recovered in accordance with the 

operating documents. 

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

accordance with the operating documents. 

20. The PIC is prohibited from beginning a flight unless there is enough power to complete 

mission with 30% battery power remaining. 

21. The operator must obtain an Air Traffic Organization (ATO) issued Certificate of Waiver or 

Authorization (COA) prior to conducting any operations. 

22. If a COA requires the operator to request a Notice to Airman (NOTAM) it will be obtained 

as mandated by the COA.

23. The documents required under 14 CFR 91.9 (aircraft flight manual) and 91.203 (registration 

certificate) 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 FAA Administrator 

or any law enforcement official upon request. 

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

operations and activities at all times. 

25. The UAS may not be operated over congested or densely populated areas. 

26. 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. 

27. 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. Unless otherwise specified operations must comply with all applicable parts 

of 14 CFR including, but not limited to, parts 45, 47, 61, and 91. 

28. Flight operations must be conducted at least 500 feet from all nonparticipating persons, 

vessels, vehicles, and structures unless:

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

the UA and/or debris in the event of an accident. The operator must 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, flight 

operations must cease immediately and/or; 

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 determined that it does not present an undue 

hazard, and 

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). 
Petition material for FAA 333 exemption application

18

ANNEX A

EXEMPTION REQUEST AND EQUIVALENT LEVEL OF SAFETY

SHOWINGS UNDER APPLICABLE RULES SUBJECT TO EXEMPTION

Bye UAS Inc, DBA as Silent Falcon UAS Technologies requests an exemption from the 

following regulations as well as any additional regulations that may technically apply to the 

operation of the Silent Falcon sUAS: 

14 CFR Part 21: Certification procedures for products and parts

This regulation provides standards for aircraft certification including various Type Certificates, 

Production Certificates, and Airworthiness Certificates. This sUAS does not have any certified 

components installed and as of today there are only standards for Restricted Category or 

Experimental Category certificates, neither of which this aircraft qualifies for and thus the 

request for a Grant of Exemption Under Section 333

14 CFR 45.23(B): Display of marks

Due to the limited size of the Silent Falcon sUAS an exemption to marking the aircraft 

registration number as per CFR 45.23 is requested. The aircraft’s “N” number shall be as large 

as practical but will not be the size standard within the regulation.

14 CFR 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) The 

flight is only incidental to that business or employment; and (2) The aircraft does not carry 

passengers or property for compensation or hire. To obtain a commercial pilot certificate a 

candidate must demonstrate a level of aeronautical knowledge and aircraft handling beyond what 

is required to operate a UAS. Our proposed operations would require that a Pilot-In-Command 

have the aeronautical knowledge and aircraft handling skills currently required to obtain a 

private pilot certificate. Given the lack of passengers or cargo on board the UAS, controlled 

access operations area we operate in and the simplicity of the UAS we believe that an equivalent 

level of safety can be achieved by requiring the pilot in command hold, at a minimum, a ground 

school certificate and a third/first class medical certificate. 

14 CFR 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 Aero UAV 

without an airworthiness certificate, no standard will exist for airworthiness of the Aero. An 

equivalent level of safety will be achieved by insuring compliance with the Aero manuals prior 

to each flight. 

14 CFR 91.91.9 (b) (2): Civil aircraft flight manual, marking, and placard requirements

Due to the nature of the sUAS a requested exemption to aircraft placard and carrying a flight 

manual aboard the plane is requested.
Petition material for FAA 333 exemption application

19

14 CFR 91.103: Preflight action

Due to the fact this aircraft will not operate within 5nm of an airport and due to the fact that the 

aircraft does not launch or recover on a runway an exemption is requested to allow the PIC to 

only become familiar with the aircraft performance and associated safety limitations and not the 

“runway” length.

14 CFR 91.109: Flight instruction; simulated instrument flight and certain flight tests

As this aircraft does not have dual functioning controls an exemption to this regulation for 

operating the sUAS in flight instruction is requested. It is recognized that during any flight 

instruction the PIC will remain in charge of the aircraft and the flight.

14 CFR 91.119: Minimum Safe Altitudes 

The regulation provides that over sparsely populated areas the aircraft cannot be operated closer 

than 500 feet to any person, vessel, vehicle, or structure. Since the aircraft will be operating at a 

maximum of 400 feet AGL, the Aero cannot comply with this requirement. The equivalent level 

of safety will be achieved because the Aero will only fly over private property with the 

permission of the landowner. The operator will define before every flight a working area radius 

and a flight area ceiling, preventing the Aero to go beyond the flight area. The landowner and the 

persons who may be on the ground in the flight area will be briefed of the expected route of 

flight and the associated risks to persons and property on the ground. Due to the small size of the 

Aero and the material with which the Aero is built of, the hazard to persons, vessels, vehicles, 

and structures is not comparable by far to manned aircraft and should be considered in granting 

the exemption. Moreover, the aircraft will not be operated over congested areas nor over any 

open-air assembly of persons. The aircraft will be operated at an altitude allowing, if a power 

unit fails, an emergency landing without undue hazard to persons or property on the surface. 

14 CFR 91.121: Altimeter settings.

Due to the limited flight distance and MSL altitudes allowed under this 333 exemption it is not 

practical to conduct flight operations based on a barometric altimeter. It is requested that the 

altitude of the flight operations be managed with GPS and shall reference the elevation below the 

aircraft at all times.

14 CFR 91.151(a): Fuel Requirements for Flight in VFR Conditions 

The regulation provides that no person may begin a flight in an airplane 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. Given the area of operation for the Aero, M2 Flight Solutions 

believes that an equivalent level of safety is already achieved with the specific procedure 

preventing the Aero to accept a takeoff order if the battery level is below a given value. 

Moreover, 3D Robotics has integrated “low” and “critical” battery level warnings and 

implemented a “return to Home” (and “Go Land”) actions in these situations to the ground 

station preventing any hazards of the craft to continue to fly. 

14 CFR 91.203 9a0 & (b): Civil Aircraft Certification required

A recognized FAA airworthiness certificate does not exist for this sUAS and thus an exemption 

under 333 is requested. As such the certification cannot be displayed in the cockpit.
Petition material for FAA 333 exemption application

20

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 Parts 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. 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. M2 Flight Solutions proposes that the maintenance of the Aero will be accomplished by 

the owner/operator according to the maintenance manual, provided by 3D Robotics. An 

equivalent level of safety will be achieved because the Aero is small in size, it is not a complex 

mechanical device, it will carry no external payload, and it will operate only in restricted 

predetermined areas. 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. Finally, before every flight, the Aero runs automatically a sequence of pre-flight tests to 

make sure that every sensor and every critical part is running properly. If a problem is detected, 

the Aero will not be able to be switched-on and a message error is displayed on the main screen 

of the flight management software. The operator can then refer to the maintenance manual to 

troubleshoot this issue. Several parts of the Aero are easily interchangeable (propellers, Legs 

antenna), which allows the operator to make sure the landing gear and propulsion system are 

always airworthy when a mission is initiated.