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May 17, 2015

US Department Of Transportation

Federal Aviation Administration

800 Independence Ave SW

Washington DC 20591

Dear Sir or Madam:

 Pursuant to Section 333 of the FAA Modernization and Reform Act of 2012 (Reform Act) and 14 

CFR Part 11, Birdseye LLC, owner and operator of Small Unmanned Aircraft Systems (UAS), request to 

be exempted from the Federal Aviation Regulations (FARs) listed below, so that Birdseye LLC may 

operate small UASs commercially in airspace regulated by the FAA., as long as such operations are 

conducted within and under the conditions outlined herein or as may be established by the FAA as 

required by Section 333.

The name and address of the applicant is:

Birdseye LLC

Michael T. Melton, President / CEO

10436 E Capercaillie St, Tucson, AZ 85747

Email: mmelton88@gmail.com

Phone: 773-799-1548

 Birdseye LLC is owned by Michael T. Melton and Jose Perez. Michael T. Melton will be the PIC

and has an Arizona Driver's license and has a Bachelor's degree in Aeronautical and Astronautical 

Engineering (AAE) from the University of Illinois at Urbana Champaign (UIUC). Michael also earned a 

Masters in Business Administration (MBA) from the University of Illinois at Chicago (UIC). Michael 

went through background checks and screening with the US Customs and Border Protection's Trusted 

Travelers Program to receive his Global Entry, and Sentri Pass. He is a member of the Rotary Club of 

Tucson and is an individual of high character. Michael has over 14 months experience flying small UASs 

and over 10 years experience in the Irrigation Industry and holds a certification from the Irrigation 

Association recognizing him as a Certified Golf Irrigation Auditor (CGIA). He is a member of the 

Academy of Model Aeronautics (AMA) and has completed their safety training modules on flying small 

UASs and is enrolled in a FAA NPRM compliant ground school certification program offered through Fly 

Robotics (Appendix E). He is very familiar with the safety requirements for piloting a small UAS, and 
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can perform all the required maneuvers safely. All operations will be performed with the public’s 

safety and right to privacy safeguarded at all times.

 As described below, the requested exception would permit the operation of light weight (less 

than 55 lbs. total takeoff weight) small UASs under controlled conditions for commercial use by the 

PIC. All flights will be conducted in daylight keeping the PIC in direct line of sight (VLOS) of the small

UAS at all times thereby enhancing safety and fulfilling the Secretary of Transportation’s (the FAA 

Administrator’s) responsibility to "establish requirements for safe operation of such aircraft systems in 

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

 Birdseye small UASs are rotorcraft weighing less than 55 pounds including payload (3D Robotics 

IRIS+). They operate at a speed less than 50 knots and have the capability to hover and move in the 

vertical and horizontal plane simultaneously. The typical weight of the IRIS+ small UAS and payload is 

3.5 lbs and the typical speed is 3.4 mph (3 knots). They have an auto return to launch point when 

battery power is under 25%. The small UAS will operate within the line of sight of the PIC and at 400 

feet AGL or less as described in Appendix A (Drone Safety). These operations will not create a hazard to 

users of the national airspace, public, nor the environment.

 Birdseye LLC submits this application in accordance with the Reform Act ,112 P.L. 95 331-334, 

seeking relief from any currently applicable FAR’S operating to prevent Birdseye LLC future commercial 

use of small UASs to operate in the national airspace system as described below. The Reform Act 

section 332 provides for such integration of civil unmanned aircraft into our national airspace system 

as it is in the public’s interest to do so. Birdseye LLC’s small UASs meet the definition of “small 

unmanned aircraft” as defined in Section 331 and therefore the integration of these UASs are expressly 

contemplated by the Reform Act. Birdseye LLC would like to operate its lightweight UASs prior to the 

time period by which the Reform Act requires the FAA to promulgate rules governing such aircraft.

 Birdseye LLC will be using the small UASs for a number reasons that are in the public's interest. 

These include but are not limited to gathering data to help in the effort to conserve water use. Both 

Arizona where we are located and neighboring California are experiencing record drought conditions. 

Birdseye LLC will use technology that will help small farmers, parks officials, and golf course 

superintendents make better choices with regards to water use. Water conservation and education 

will be part of our mission. We are also interested in partnering with organizations such as the Rotary 

Club to find ways to use this technology to help improve the public's knowledge of proper water use 

and help those in need. We envision being able to help in search and rescue efforts if requested by 

state and local officials.

 The Reform Act directs the Secretary of Transportation to consider whether certain unmanned 

aircraft systems may operate safely in national airspace before completion of the rulemaking required 

under Section 332 of the Reform Act. In making this determination, the Secretary of Transportation is 
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required to determine which UASs do create a hazard to users of the national airspace system or the 

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

 The UASs size, speed, weight and operational capability

 Operation of the UASs in close proximity to airports and populated areas

 Operation of the UASs within visual line of sight of the operator

 Reform Act 333(a). If the secretary determines that such vehicles “may operate safely in 

National Airspace System, the secretary shall establish requirements for the safe operation in national 

airspace.

 Birdseye LLC are rotorcraft weighing less than 55 lbs. with operational speed of less than 50 

knots, and the capability to operate in the vertical and horizontal plane simultaneously. The small UASs 

will operate only within the line of sight of the operator at 400 feet AGL or less. Additional safety 

measures will be taken and failsafe features are built into the small UASs we will operate (see 

Appendix A). These will not present a hazard to the national airspace nor the public. The operations 

manual for our small UAS has been included as Appendix B.

 The very small nature of these UASs combined with the safeguards presented below, will allow 

for the safe operation greater than that envisioned by Congress for the FAA to establish and by 

exemption allow commercial operations of UASs to commence immediately. Also due to the size of 

small UASs and the areas and altitudes they will operate approval of this exception presents no 

national security issues and absolutely minimal safety concerns which have been mitigated through 

our rigorous risk management process. Given the strong equivalent level of enhanced safety, reduced 

emissions utilizing small UASs versus traditional aircraft, as well as the economic impact of greatly 

reducing the cost of aerial photography it is in the public's interest to approve this exemption. The 

applicant requests that the FAA grant the requested exemption without delay.

LIMITATIONS ON OPERATIONS OF BIRDSEYE LLC: 

1. Flights will only occur in the day time hours,

2. Flights will be operated in visual line of sight (VLOS) of the operator (PIC).

3. Flights will be terminated at any time weather and wind deteriorate to “unsafe for flight” by 

 manufacturers recommendations,

4. The UASs will weigh less that 55 lbs.,

5. Flights will be operated at 400 feet AGL or less.

6. The UASs operator will perform a check of the flight area and make certain of the safety of all

 persons in the area.
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7. The PIC will perform a preflight check that will include the following: 

a. Verify props are in good condition (no stress whitening or visible damage)

b. Verify battery is fully charged and in good condition

c. Spin props and verify that motors spin freely

d. Verify that props are tight even though they are a self tightening design

e. Power up the transmitter and UAS

f. Verify GPS lock

g. Connect to ground station

h. Verify proper connection between ground station and UAS

i. Slowing throttle up UAS to verify motors are in good working condition.

j. Take off and hover, verify functionality of controls (forward, back, spin CW and CCW, ascend, 

 descend).

Additional details can be found in Appendix C.

8. Ground station software (Mission Planner) will be in use to monitor the exact position, altitude 

(AGL), and ground speed of the UAS (average speed of 3.4 mph or 3 knots most common). The 

Ground Station will be able to communicate any errors to the PIC. Additional details can be 

found in Appendix D.

9. All flights will take place at a minimum distance of 5 miles from any airport as required. 

10. All UASs will have the capability to return automatically to the operator in a safe manner with 

the auto return function checked and working.

11. All UASs will have failsafe measures that will cause the craft to land if battery power is less than 

25%.

12. Flight team will communicate by voice and the use of two-way radio if the area is too big to 

hear voice from all team members.

13. UASs will be used take photos and / or videos of sparsely populated farmland or land containing 

turf grass.

14. The PIC will yield right of way to other aircraft, manned or unmanned.

 Birdseye LLC respectfully requests the grant of an exception to the following specific sections of 

the Title 14 Code of Federal Regulations allowing it to operate lightweight UASs for commercial use.

REGULATIONS FROM WHICH THE EXEMPTION IS REQUESTED:

14 CFR Part 21

14 CFR 45.23 (b)

14 CFR 61.3

14 CFR 61.113 (a) & (b)
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14 CFR 61.133 (a)

14 CFR 61.315 (a)

14 CFR 91.7 (a)

14 CFR 91.9 (b) (2)

14 CFR 91.109 (a)

14 CFR 91.119

14 CFR 91.121

14 CFR 91.151 (a)

14 CFR 91.203 (a) & (b)

14 CFR 91.405 (a)

14 CFR 91.407 (a) (1)

14 CFR 91.409 (a) (2)

14 CFR 417 (a) & (b)

The FAA has previously issued exemption to these regulations in Exemptions No 11599, 11600, 11062,

11109, 11213, 11571, 11510, 11596.

14 CFR Part 21

 This section covers certification procedures for products and parts. Subpart H, entitled 

Airworthiness Certificates, sets forth requirements for procurement of necessary certificates. The size, 

weight and defined area of operations for Birdseye LLC small UASs flights permits exemption from Part 

21 because they meet an equivalent level of safety pursuant to Section 333 of the Reform Act. The FAA 

is authorized to exempt aircraft from the airworthiness certificate requirement under both the Act (49 

USC 4470(f) and Section 333 of the Reform Act. Both pieces of legislation permit the FAA to exempt 

small UASs from airworthiness certificates in consideration of weight, size, speed, maneuverability and 

proximity to areas such as airports and dense populations. Birdseye LLC meets or exceeds each of 

these elements

14 CFR 45.23 (b)

 This section requires the display of markings and gives suggestions for the size of the markings. 

However because of the small size of the UAS applicable markings will be made to fit the small UAS. 

An exemption is requested in order to mark the small UAS with smaller characters as suggested in the 

FAA’s proposed Small UAS NPRM. 
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14 CFR 61.3

 This section requires certifications for piloted flight. Since Birdseye LLC's small UAS is not 

capable of lifting a pilot or any living thing this should not apply as written. A Birdseye LLC PIC will 

need to complete a FAA equivalent ground school certification program such as the one provided by 

Fly Robotics. Our PIC will be required to have a minimum of 25 hours of flight experience with a small 

UAS, with at least 10 hours piloting the same type of small UAS prior to any commercial flight. This 

experience will include demonstrating the ability to pilot the IRIS+ UAS in manual and autonomous 

modes and the ability to switch modes during a flight and return the craft to the ground safely. The 

Operations Manual for the IRIS+ shows maneuvers including a figure eight that must be satisfactorily 

demonstrated in manual flight mode. In addition to the required hours of flight experience and 

training listed above Birdseye LLC will be using a ground station to help control the aircraft. A 

predetermined flight path will be programmed into the small UAS greatly simplifying role of the PIC. 

The PIC will at all times have the ability to take manual control of the small UAS if needed. Flights will 

be governed by the section above called "LIMITATIONS ON OPERATIONS OF BIRDSEYE LLC" (pg 3). 

These provisions are enough to provide equivalent levels of safety for the public and the PIC.

14 CFR 61.113 (a) & (b); 61.133 (a); 61.315 (a)

 These sections covers private pilot, commercial pilot, and sports pilot privileges and limitations 

regarding the PIC (pilot in command). Because the UAS will not carry a pilot or passengers, the 

proposed operations can achieve the equivalent level of safety by adhering to the required training and 

flight times listed in the section above (25 hours of flight experience on small UAS). Unlike a normal 

aircraft the small UAS is not carrying any living thing and therefore cannot endanger the lives of those 

individuals. Demonstrating proper control of the small UAS using the proper controller and ground 

station software is far more likely to lead to a successful and more importantly safe completion of a 

flight.

14 CFR 91.7 (a)

 This prohibits the operation of an aircraft without an airworthiness certificate. As no such 

certificate will be applicable for this aircraft and given the size of the small UAS and limited conditions 

of use this exemption should be granted. The PIC will be responsible for a preflight examination of the 

craft as mentioned in this document to determine if the small UAS is airworthy.

14 CFR 91.9 (b) (2)

 This section states "For which an Airplane or Rotorcraft Flight Manual is not required by §21.5 

of this chapter, unless there is available in the aircraft a current approved Airplane or Rotorcraft Flight 

Manual, approved manual material, markings, and placards, or any combination thereof". Because 

there is no pilot on board and no room on the small UAS for a flight manual this should be exempt. An 
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equivalent level of safety will be achieved by keeping these documents at the Birdseye LLC operations 

center.

14 CFR 91.109 (a)

 This section provides that no person may operate a civil aircraft (except a manned free balloon) 

that is being used for flight instruction unless that aircraft has fully functioning dual controls. The small 

UAS used by Birdseye LLC (IRIS+) and most other small UASs by design do not possess dual controls. 

They are remotely piloted aircraft via radio communications from a single control box. 

14 CFR 91.119

Minimum safe altitudes, prescribes safe altitudes for operation of civil aircraft. It allows helicopters to 

be operated at lower altitudes in certain conditions. Birdseye LLC will only operate its small UASs at or 

below 400 AGL. They will be operated over a predefined space that has been previously reviewed for 

any hazards. Onsite visits will be conducted to verify no dangers to the craft, PIC or the public exist. 

Permission will be obtained from the site’s facility before flying UASs in the predefined space. 

Compared to flight operations of conventional and traditional aircraft or rotorcraft weighing far more 

than 55 lbs., operating below 500 AGL with flammable fuel small UAS operations present a far smaller 

risk to the public and therefore an equivalent level of safety.

14 CFR 91.121

 This section describes the use of an altimeter to maintain level flight however the small UAS 

used by Birdseye LLC does not have an altimeter. Instead it used GPS to determine its altitude. The 

small UAS used by Birdseye LLC will always be connected to a ground station where the AGL is always 

displayed. A barrier will be set by the software to prevent flights above 400 ft AGL, therefore we 

request an exemption to 14 CFR 91.121.

14 CFR 91.151 (a)

 This section describes the fuel requirements for flight in VFR conditions. Since the section 

requires flight times of 30 minutes and the small UAS used by Birdseye LLC has an average flight time 

of 20 minutes an exemption is required. There is a setting on the small UAS used by Birdseye LLC that 

will trigger an automated landing of the small UAS if less than 25% of the batter life remains. In 

addition Birdseye LLC will not fly our UAS at night as stated in the "LIMITATIONS ON OPERATIONS OF 

BIRDSEYE LLC" (pg 3), therefore the increased fuel requirement at night also does not apply. This will 

prevent hard landings due to not enough fuel on board and is the reason for the exemption.

14 CFR 91.203 (a) & (b)

This section provides in pertinent part:
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(a) Except as provided in § 91. 91.715, no person may operate a civil aircraft unless it has within it the 

following:

(1) An appropriate and current airworthiness certificate....

(b) No person may operate a civil aircraft unless the airworthiness certificate required by paragraph (a) 

of this section or a special flight authorization issued under §91.715 is displayed at the cabin or cockpit 

entrance so that it is legible to passengers or crew. The small UAS fully loaded weighs no more than 55 

lbs. and is operated without an onboard pilot. As such, there is no ability or place to carry certification 

and registration documents or to display them on the small UAS. An equivalent level of safety will be 

achieved by keeping these documents at the ground control point where the PIC will have immediate 

access to them, to the extent they are applicable to the small UAS. 

14 CFR 91.405 (a); 407(a)(1); 409 (a) (2); 417 (a) & (b)

 This section describes the maintenance and inspections required and specify the aircraft owner 

or operator "shall have that aircraft inspected as prescribed in subpart E of this part and shall between 

required inspections, except as provided in paragraph (c) of this section, have discrepancies repaired as 

prescribed in part 43 of this chapter...," and others shall inspect or maintain the aircraft in compliance 

with part 43. These sections do not apply to small UASs because they only apply to aircraft with an 

airworthiness certificate. Maintenance will be completed by the operator as they are the most familiar 

with the small UAS. A maintenance log will be kept showing any changes being made to the small UAS. 

An equivalent amount of safety will be achieved because of the limited size of the small UAS and its 

payload. It will only be operated in predefined areas for a limited period of time per described in the 

"LIMITATIONS ON OPERATIONS OF BIRDSEYE LLC" (pg 3). 

HOW THE PUBLIC WOULD BENEFIT AS A WHOLE

 Approval of these 333 Exemptions allowing commercial operations of small UASs in the service 

of aerial photography will benefit the public by reducing the use of traditional aircraft used to acquire 

these photographs. The reduction of traditional aircraft will improve the safety of the public and 

reduce air and noise pollution as Birdseye LLC's small UASs are electric powered and comparatively 

silent in operation. In addition it will level the playing field by greatly reducing the costs of acquiring 

these photographs. Birdseye LLC wants to provide this service in order to educate the public on using 

water more efficiently thereby enhancing water conservation and helping the public good. The 

Southwestern United States where Birdseye LLC is located has been suffering from drought conditions 

for many years; we will use our training and experience in the irrigation industry, along with our 

training and experience in photography and piloting UASs, to reduce overall water use at Golf Courses 

and farms across the state of Arizona and someday the entire Southwestern United States. Using small 

UASs will enhance safety by reducing the overall risk associated with traditional aircraft. Traditional 

aerial photography requires large aircraft with flammable fuel to fly in close proximity of populated 

areas and people in general. With the use of small UASs of 55 lbs. or less, battery operated and fling 
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below 400 feet AGL the risk of injury of people on the ground or the crew has been greatly reduced. 

Abiding by previously stated safety measures as detailed in Appendix A will further mitigate this risk. 

The granting of the use of these small UASs by Birdseye LLC will help educate the public, golf course 

superintendents, and small farmers on proper water use by providing a perspective on their turf or 

crops that previously would have required dangerous piloted aircraft at a cost that was not practical 

for the common golf course or small farmer. 

 Granting Birdseye LLC the above exemption will allow for the expansion of UAS systems into 

the future for the safe conduct of free enterprise and will be in the public's interest, as we are trying to 

build a company who will serve the public good through education and finding new and creative ways 

to use technology to conserve water.

Birdseye LLC respectfully requests the FAA grant its exception without delay. We believe we've 

shown how it's in the public's best interest to grant this exemption and how an equivalent level of 

safety can reasonably be achieved. If you have any questions please contact us and we would be 

happy to answer them for you.

Sincerely,

Michael T. Melton, President / CEO of Birdseye LLC

10436 E Capercaillie St, Tucson, AZ 85747

Email: mmelton88@gmail.com

Phone: 773-799-1548