April 28, 2015 Birdseye Farming, Inc J. Michael Wilson 102 Plaza de Luke Square Clayton, NC 27527 Docket Operations, M-30 U.S. Department ofTransportation 1200 NewJersey Ave., SE Room W12-140 West Building Ground Floor Washington, DC 20590-0001 •. 1

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### Re: Exemption Request under Section 333 of the FAA Reform Act and Part 11 of the Federal Aviation Regulations

Dear Siror Madam, Pursuant to Section 333 ofthe FAA Modernization and Reform Act of2012 {FMRA), Birdseye Farming, Inc (Birdseye Farming) is petitioningfor an exemption from the Federal Aviation Regulations and other rules/statutes pertaining to unmanned aircraft systems. Section 333 ofthe FMRA addresses special rules for certain unmanned aircraft systems and grants the FAA authorityto allowforthe safe operation of certain unmanned aircraft systems (UAS) within the national airspace. Birdseye Farming proposes to use asmall, lightweight UAV- the PrecisionHawk Hawkeye Mk-111- and proprietary cloud-based softwareto collect, process, and analyze aerial data principallyfor purposes of precision agriculture and precision surveying. In doing so, this system would occupy a brand new space in atransformative industry by providing high qualityand actionable information to users. Indeed, use ofthe Hawkeye Mk-111 would contribute tovarious social goods, from environmental protection to improved crop yields. In providing this service, this system would empowercrop researchers and farmers to make better management decisions through software that identifies disease and insects, nutrient deficiencies, and materials for increasingyields with fewer resources. Operations underthe exemption will be subject to strict operating requirements and conditions to ensure at least an equivalent level ofsafetyto currently authorized operations using manned aircraft and under conditions as may be modified by the FAA as required by Section 333. As described more fully below, the requested exemption would authorize commercial operations of aerial surveys using the Hawkeye Mk-111, which with a maximum take-offweightof5.5 lbs. is small in size. The Hawkeye Mk-111 will be operated undercontrolled conditions at low altitude in airspace that is



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------------------ -limited in scope, as described more fully herein; itwill have automated control features, as described herein. The Hawkeye Mk-111 also will be operated by an individual possessing a private pilot certificate. Finally, the airspace in which the UAS will operate will be disclosed tothe FAA in advance. Birdseye Farming respectfully submits that because this small, unmanned aerial vehicle- the Hawkeye Mk-111- will be used in lieu ofcomparatively hazardous operations now conducted with fixed wing and rotary conventional aircraft, the FAA can have confidence thatthe operationswill achieve at least an equivalent level or greater level ofsafety. Approval ofthis exemption would thereby enhance safety and fulfill the Secretary ofTransportation's (the FAA Administrator's) responsibilities under Section 333(c) ofthe Reform Act to "establish requirements for the safe operation ofsuch aircraft systems in the national airspace system."

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### 14CFR 11.81 

### (a)- Name and address ofthe Petitioner: Birdseye Farming, Inc. 102 Plaza de Luke Square Clayton, NC 27527 Phone: 704-500-3733 E-mail: mwilson822@gmail.com The regulations from which the exemption is requested are as follows:



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### 2 14 CFR Part 21 Subpart H 14 CFR Part 45.23 (b) 14 CFR Part 61.113 (a) and (b) 14 CFR Part 91.7 (a) 14 CFR Part 91.9 (b) 14 CFR Part 91.109(a) & 91.319(a)(1) 14 CFR Part 91.119 (c) 14 CFR Part 91.121 14 CFR Part 91.151 (a) 14 CFR Part 91.203 (a) & (b) 14 CFR Part 91.405 (a) 14 CFR Part 91.407 (a)(1) 14 CFR Part 91.409 (a)(2) 14 CFR Part 91.417 (a) & {b)Appendix A discusses each rule listed above and explains why exemptions pursuant tothe proposal set forth in this letterare appropriate, provide an equivalent level ofsafety, and are in the public interest. Appendix Bprovides the requisite Federal Register summary THE APPLICABLE LEGAL STANDARD UNDER SECTION 333 Birdseye Farming submitsthatgrantofthis exemption application for use ofthe Hawkeye Mk-111 in precision aerial surveys will advance the Congressional mandate in Section 333 ofthe Reform Act to accelerate the introduction of UASs intothe national airspace system ("NAS") if itcan be accomplished safely. This law directsthe Secretary ofTransportation to considerwhether certain UASs may operate safely in the NAS before completion ofthe rulemaking required under Section 332 ofthe Reform Act. In making this determination, the Secretary is required to determinewhich types of UASs do notcreate a hazard to users ofthe NAS orthe public or pose athreatto national security in lightofthefollowing:

• The UAS's size, weight, speed, and operational capability; • Operation ofthe UAS in close proximityto airports and populated areas; and • Operation ofthe UAS within visual line ofsight ofthe operator. Reform Act§ 333(a)(1). Ifthe Secretary determines that such vehicles "mayoperate safely in the national airspace system, the Secretary shall establish requirements forthe safe operation ofsuch aircraft in the national airspace system." ld. § 333(c) (emphasis added). The Federal Aviation Act expressly grants the FAA the authorityto issue exemptions. This statutory authority, by its

### terms, includes exempting civil aircraft, as the term is defined under §40101 oftheAct, from the requirement that all civil aircraft must have acurrent airworthiness certificate and those regulations requiring commercial pilots to operate aircraft in commercial service: The Administrator maygrant an exemption from a requirement ofa regulation prescribed under subsection (a) or (b) ofthis section orany ofsections 44702-44716 ofthis title ifthe Administratorfinds the exemption is in the public interest. The grant ofthe requested exemption is in the public interest based on the clear direction in Section 333 ofthe Reform Act; the additional authority in the Federal Aviation Act, as amended; the strong equivalent level ofsafety surrounding the proposed operations; and the significant public benefit, including enhanced safety and cost savings associated with transitioning to UASs for aerial surveying. Accordingly, the applicant respectfully requests that the FAA grantthe requested exemption without delay. AIRCRAFT AND EQUIVALENT LEVEL OF SAFETY The applicant proposesthatthe exemption requested herein apply to civil aircraftthat have the characteristics and that operate with the limitations listed herein. These limitations provide for at least an equivalent or even higher level ofsafety to operations underthe current regulatory structure

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## 3because the proposed operations represent asafety enhancement to operationsthatwould be conducted with conventional aircraft. These conditions are drawn from Exemptions 11062 through 11067, 11080, 11109, 11110 and 11345. These limitations and conditions to which Birdseye Farming (or "operator") agrees to be bound when conducting commercial operations underan FAA issued exemption include:



### Page 4 1. Operations ofthe Hawkeye Mk-111 are limited tothe aircraft described in the attached manuals, which is a miniature propeller airplane built by PrecisionHawk that weighs less than six pounds (the "UA" or "UAS"). Proposed operations ofany otheraircraftwill require a new petition ora petition to amend this grant.6 2. The UA may not be flown at an indicated airspeed exceeding SO knots. 3. The UA may be operated at an altitude of no more than 400 feet above ground level ("AGL"), as indicated by the procedures specified in the attached manuals. All altitudes reported to Air Traffic Control ("ATe") must be in feet AGL. 4. The UA must be operated within visual line ofsight ("VLOS") ofthe pilot-in-command ("PIC") at all times. This requires the PIC to be able to use humanvision unaided by any device other than corrective lenses, as specified on the PIC's FAA-issued airman medical certificate. 5. The manuals must include all conditions and limitations required by the FAA. The manuals must be maintained and made available to the Administrator upon request. Ifadiscrepancy exists between the conditions and limitations in the exemption and the procedures outlined in the manuals, the conditions and limitations in the exemption take precedence and must be followed. Otherwise, the operator mustfollowthe procedures as outlined in the manuals. 6. Priorto each flight, the PIC must inspect the UAS to ensure it is in acondition for safe flight. If the inspection reveals acondition that affects the safe operation ofthe UAS, the aircraft is prohibited from operating until the necessary maintenance has been performed, and the UAS is found to be in acondition for safe flight. The ground control station must be included in the preflight inspection. All maintenance and alterations must be properly documented in the aircraft records. 7. Any UAS that has undergone maintenance oralterationsthat affectthe UAS operation or 

### " flight characteristics, e.g., replacement ofaflight critical component, must undergo afunctional test flight in accordance with the operator's manual. The PIC who conducts the functional test flight must make an entry in the UAS aircraft records ofthe flight. The manuals include this requirement.Page 

### 5 8. The preflight inspection section in the manuals includes the following requirement: the preflight inspection mustaccount for all discrepancies, i.e., inoperable components, items, or equipment, notcovered in the relevant preflight inspection sections ofthe operator's manual. 

### 9. The operator must follow PrecisionHawk's UA aircraft/component, maintenance, overhaul, replacement, inspection, and life limit requirements, with particular attention toflight critical components that may not be addressed in the manufacturer's manuals. 

### 10. Operator must carry out its maintenance, inspections, and record keeping requirements in accordance with the manuals. Maintenance, inspection, and alterations must be noted in the aircraft logbook, includingtotal flight hours, description ofwork accomplished, and the signature ofthe authorizedtechnician returning the UAS to service. 

### 11.The authorized technicians must receive and documenttraining referenced in the manuals. 

### 12. Each UAS operated underthe exemption must complywith all PrecisionHawk system and safety bulletins. 

### 13. Operator's maintenance personnel must make a record entry in the UAS logbook or equivalent document ofthe corrective action taken against discrepancies discovered between inspections. 

### 14. The PIC must possess at least a private pilotcertificate and athird-class airman medical certificate. The PIC must also meetthe flight review requirements specified in 

### 14 C.F.R. 61.56 as tothe UAS. 

### 15. The operator may not permitany PIC to operate unless that PIC has demonstratedthrough PrecisionHawk's training and currency requirements that the PIC is able to safely operatethe UA in a manner consistent with howthe UAS will be operated underthis exemption, including evasive and emergency maneuvers and maintaining appropriate distances from people, vessels, vehicles, and structures. 

### 16. Ifthe UAS loses communications or loses its GPS signal, the UA must return to a predetermined location within the private orcontrolled-access property and land or be recovered in accordance with the manuals. 

### 17.The PIC must abortthe flight in the event of unpredicted obstacles or emergencies in accordance with the manuals. 

### 18. The PIC is prohibited from beginning a UAS flight unless (considering wind and forecast weatherconditions) there is enough powerto flyto the first pointofintended landing and, assuming normal cruising speed, to fly afterthatforat least 

### 10 minutes.Page 

### 6 19. All aircraft operated in accordance with the exemption must be identified by serial number, registered in accordance with 14 C.F.R. part47, and have identification (N-Number) markings in accordance with 14 C.F.R. part 45, Subpart C. Markings must be as large as practicable. 20. Before conducting operations, the radio frequency spectrum used for operation and control ofthe UA must complywith the Federal Communications Commission ("FCC") orother appropriate government oversight agency requirements. 21. The documents required under 14 C.F.R. 91.9 and 91.203 must be available tothe PIC atthe ground control station ofthe UAS anytime the aircraft is operating. These documents must be made available to theAdministratororany law enforcement official upon request. 22. The UA must remain clear and yield the right ofway to all other manned operations and activities at all times (including, but not limited to, ultralightvehicles, parachute activities, parasailing activities, hang gliders, etc.). 23. The UAS may not be operated by the PIC from any moving device orvehicle. 24. UAS operations may not be conducted during night, as defined in 14 C.F.R. 1.1. 25. All operations shall be conducted in Class Gairspace. 26. All operations must be conducted undervisual meteorological conditions ("VMC"). The UA may not be operated less than 500 feet below or less than 2,000 feet horizontallyfrom a cloud orwhen visibility is less than 3 statute miles from the PIC. 27. During operations in Class Gairspace, the UA may notoperate within 5 nautical miles ofthe geographic center ofan airport as denoted on acurrent FAA-published aeronautical chart unless a letterofagreement with that airport's management is obtained, and the operation is conducted in accordance with a NOTAM as required by the operator's COA. The letterof agreement with the airport management must be made available to the Administrator upon request. 28. The UA may not be operated over congested ordensely populated areas unless the conditions set forth in #29 are satisfied. These populated areas include, butare not limited to, theyellow areas depicted on World Aeronautical Charts ("WAC"), Sectional Aeronautical Charts ("Sectionals"), orTerminal Area Charts ("TAC"). However, aeronautical charts may not reflect pertinent local information. Ultimately, it is the PIC's responsibility to maintainthe minimum safe altitudes required by§ 91.119. 29. Operations must be conducted at least 500 feetfrom all nonparticipating persons (persons otherthan the PIC orVO), vessels, vehicles, and structures unless:a. barriers orstructures are present that sufficiently protect nonparticipating persons from debris in the event ofan accident. The operator must ensure that nonparticipating persons remain under such protection. Ifasituation arises in which nonparticipating persons leave such protection and are within 500 feet ofthe UA, flight operations must cease immediately; and/or b. the aircraft is operated near vessels, vehicles, or structureswhere the land owner/controller has granted permission and the PIC has made asafety assessment of the risk ofoperating closer tothose objects; and



### c. operations near the PIC do not present an undue hazard tothe PIC, per§ 91.119(a). 30. All operations shall be conducted over private orcontrolled-access propertywith permission from the land owner/controllerorauthorized representative. Permission from land owner/controllerorauthorized representative will be obtained for each flightto be conducted. 31. In the event COAs are required, any incident, accident, orflight operation thattransgresses the lateral orvertical boundaries ofthe operational area as defined bythe applicable COA must be reported tothe 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. 

### ******** Privacy. All flights will occur over private orcontrolled access propertywith the propertyowner's prior consent and knowledge. Inspection will be in areas where the owners will have consented to the inspections orotherwise have agreed to allowthe UAS and the operatorto be in the area where inspection will take place. National Security. No national security issue is raised by the grant ofthis exemption. Given the size, load carrying capacity, speed atwhich itoperates, and the fact that itcarries no explosives orother dangerous materials, the Hawkeye Mk-111 poses no threatto national security. 

### ******** In summary, Birdseye Farming seeks an exemption from the FARs set forth in Appendix Ato operate commercially asmall unmanned vehicle (55 lbs. or less) in aerial survey operations. Approval ofthis exemptionfor commercial aerial survey operations will enhance safety by reducing risk. Conventional operations, usingjet or piston powered aircraft, operate at extremely lowaltitudesjust feet from the subject being inspected and in extreme proximityto people and structures. Such manned operations presentthe risks associated withvehicles thatweigh in excess of6,000 lbs., carrying large amounts ofjetAorotherfuel. Such aircraft must fly to and from the project location. In contrast, a



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### sUAS weighing fewer than six lbs. and powered by batteries eliminates virtually all ofthat risk given the reduced mass and lack ofcombustible fuel carried on board. The sUAS is carried tothe target area and notflown. The sUAS will carry no passengers or crew and, therefore, will notexpose them to the risks associated with manned aircraftflights. The operation ofsmall UASs, weighing less than six lbs., conducted in the strict conditions outlined above, will provide an equivalent level ofsafety supporting the grant ofthe exemptions requested herein. These lightweightaircraft operate at slow speeds, close to the ground, and in areas thatare underthe control ofthe customer. As a result, they are far safer than conventional operations conducted with manned aircraft operating in close proximityto the ground and people. Satisfaction ofthe criteria provided in Section 333 ofthe Reform Act of2012- size, weight, speed, operating capabilities, proximityto airports and populated areas, and operation within visual line of sight and national security- provide more than adequatejustification forthe grant ofthe requested exemptions allowing commercial operation ofapplicant's UAS forthe Purposes outlined herein and are consistent with exemptions already granted, including Exemptions 11345, 11062 through 11067, 11080, 11109 through 11112, and 11114.



### APPENDIX A

EXEMPTION REQUEST AND EQUIVALENT LEVEL OF SAFETY SHOWINGS UNDER APPLICABLE RULES SUBJECTTO EXEMPTION Birdseye Farming requests an exemption from the following regulations as well as any additional regulations that maytechnically applyto the operation ofthe Hawkeye Mk-111: 14 C.F.R. 

### § 21 Subpart H 14 C.F.R. § 

### 45.23 (b) 14 C.F.R. § 

### 61.113(a) & 

### (b); 14 C.F.R. § 

### 61.133(a); 14 C.F.R. § 

### 91.7(a); 14 C.F.R. § 

### 91.9 (b)

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## 814 C.F.R. § 91.109(a) & 91.319(a)(1); 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) 

### &(b): 14 C.F.R. § 91.405(a); 14 C.F.R. 

### § 91.407(a)(1); 14 C.F.R. § 91.409(a)(2); 14 C.F.R. § 91.417(a) & (b) 

### 14CFR Part 11.81 (c)- The extent of relief BIRDSEYE FARMING seeks, and the reason BIRDSEYE FARMING seeks the relief: Birdseye Farming seeks relief pursuant to this exemption from applicable parts ofthe Federal Aviation Regulations and other rules/regulations tothe extent necessary to permit civil flight operations within the national airspace. Birdseye Farming seeks authorization to conduct small UAS flight operations within the perimeters ofthis exemption request. 14CFR Part 21 Subpart H (Airworthiness Certificates) Birdseye Farming seeks to utilize the PrecisionHawk Lancaster UAS platform underthis exemption request. This UAS platform has gained substantial operational maturityvia several FAA approved Certificates ofAuthorization. It has a proven safety record (and a maximum take-offweight of5.5 pounds) and has demonstrated that its operations would not adversely affect safety compared to similar aircraftthat have been issued an airworthiness certificated under 14 CFR Part 21, Subpart H. Should the FAA approve this exemption request and determinethat an airworthiness certificate is not required, noise certification and testing under 14 CFR Part 36 will also not be required forthe UAS fortheterm of the exemption. 14CFR Part 45.23 (b) (Display of Marks: General) Michael, as the petitionerseeks relieffrom Part 45.23 (b) requiring markings on certain sections ofthe aircraft and markings ofacertain size. BIRDSEYE FARMING will register their UAS in compliance with 14 CFR Part 47 and obtain N# registrations and will place that N# registration on the UAS as large as practicable due to the UAS small size. 14CFR Part 61.113 (a) and (b) (Private Pilot Privileges and Limitations: Pilot in Command)

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### 9Section 61.113(a) & (b) limit private pilots to non-commercial operations. Unlike aconventional aircraft that carries a pilot, passengers, and cargo, the Hawkeye Mk-111 in this case is remotely controlled with no passengers or propertyofothers on board. Section 61.133(a) requires an individual with acommercial pilot's license to be pilot in command ofany aircraftfor compensation or hire. Birdseye Farming respectfully proposes thatoperator requirements should take into account the characteristics ofthe particular UAS. PrecisionHawk's Hawkeye Mk-111 has ahigh degree ofpre-programmed control and various built-intechnical capabilities thatstrictly limitthe potential for operation outside ofthe operating conditions set forth in the exemption application. The Hawkeye Mk-111 has an autonomous navigation and control system. Flights are preprogrammed with precision GPS guidance and do not require human intervention. In the case of unplanned events, the operator can manually intervene totake one ofthe following actions: (i) command the aircraftto begin to autonomously return to the recovery area and land; (ii) command the aircraftto autonomously return to the recovery area where the pilotwill assume control and land the aircraft; or (iii) manually assume control ofthe aircraftvia the hand controller and return the craft to the recovery area where the operator lands it. Additional automated safety functions and safety enhancing features ofthe Hawkeye Mk-111 include the following:

• Auto-pilot detection oflost GPS orof insufficient satellites initiates astand-by loiter pattern until such time as GPS is re-established orthe PIC assumes manual control ofthe aircraft. • Low battery power on the aircraft (10.4 volts) triggers the landing sequence and the craft will fly tothe recovery area. • Ifthe auto-pilotdetects a lost-linktothe ground control station for longerthan 30 seconds, landing procedure begins. • The aircraft, weighing fewerthan 6 lbs., fully loaded, is constructed offoam, which is intended to absorb impact energy. • In the eventthe ground station reaches a low power state, itwill alertthe pilot. Given these safety features, Birdseye Farming proposes that operators ofthe Hawkeye Mk-111 should not be required to hold acommercial pilot certification. Instead, operators should be required to hold only a private pilot certification. The risks associated with the operation ofthe Hawkeye Mk-111 (given its size, speed, operational capabilities, and lack ofcombustible fuel) are so diminished from the level of risk associated with commercial operations contemplated by Part 61 with conventional aircraft (fixed wing or rotorcraft) that allowingoperations ofthe UAS as set forth above meets orexceeds the present level ofsafety provided under 14 C.F.R. § 61.113(a) & (b) and does not rise to the level of requiring acommercial pilotto operate the aircraft under§ 61.133(a).

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### 10Given these conditions and restrictions, an equivalent level ofsafetywill be provided by allowing operation ofthe Hawkeye Mk-111 with a private pilot's certificate, underthe conditions set forth in the exemption request. The FAA has granted exemptionsto conduct similar operations in Exemptions 11062 through 11067, 11080, 11109, and 11110. 14CFR Part 91.7 (Civil Aircraft Airworthiness) This regulation requires that no person may operate acivil aircraft unless it is in airworthycondition. Should the exemption be granted allowing commercial operation ofthe Hawkeye Mk-111 withoutan airworthiness certificate, no standard will exist for airworthiness ofthe Hawkeye Mk-111. Given the size ofthe aircraft and the requirements thatthe operator has agreed to as relates to airworthiness, as set forth in the attached manuals, an equivalent level ofsafetywill be achieved by ensuring compliance with the PrecisionHawk manuals priorto each flight. The FAA has granted exemptions to conduct similaroperations in Exemptions 11062 through 11067, 11080, 11109, and 11110 14C.F.R. § 91.9: Civil aircraftflight manual, marking, and placard requirements. This regulation provides that no person may operate an aircraft unless a current, approved flight manual is in the aircraft. We assume that the intent of this requirement is to ensure that flight manual information is available to the aircrew while operating the aircraft. We request an exemption to this requirement since the aircraft is not only too small to carry documentation, but the documentation would not be available tothe crew, as there is no flight crew on board. The equivalent level ofsafety will be achieved by keeping a hard copy ofthe PrecisionHawk user manual in the transport box thatwill be within reach ofthe operator at all times. 14C.F.R. § 91.109(a) 

### &91.319(a)(1): Flight Instruction The regulation provides that "No person may operate acivil aircraftthat is being used for flight instruction unless that aircraft has fullyfunctioning dual controls." Flight instruction will be accomplished through an elaborated training program approved by the manufactureroraffiliate providing the training as described in the PrecisionHawk Hawkeye Mk-111 training program and through the use ofexperienced and qualified instructors familiar withthe PrecisionHawk Hawkeye Mk-111.

14CFR Part 91.119 (c) (Minimum Safe Altitudes: General) Section 91.119 establishes safe altitudes for operation ofcivil aircraft. Specifically, 91.119{c) limits aircraftflying over areas otherthan congested areas to an altitude of500 feet above the surface, except over open waterorsparsely populated areas. In those cases, the aircraft may not be operated closer than 500 feet to any person, vessel, vehicle, orstructure.

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### 11As set forth herein, the Hawkeye Mk-111 will neveroperate at higher than 400feet AGL. Itwill, however, be operated to avoid congested or populated areas that are depicted in yellowon VFR sectional charts. Because aerial survey work must be accomplished at relatively low altitudes and at altitudes less than 500 feet AGL, an exemption from Section 91.119(c) is needed. The equivalent level ofsafety will be achieved given the size, weight, speed, and material with which the Hawkeye Mk-111 is built. Also, no flight will be taken withoutthe permission ofthe landowner orthose who control the land as well as local officials. Because ofadvance noticetothe landowner, all affected individuals will be aware ofthe survey flights. <;:ompared to aerial survey operations conducted with aircraftor rotorcraft weighing far morethan 5.5 lbs. and carrying flammable fuel, any risk associated with these operations will be far less than the risks currently posed by conventional aircraft operating at or below 500 feet AGL. Indeed, the low-altitude operations ofthe UAS will maintain separation between these smaii-UAS operations and the operations ofconventional aircraftthat must complywith Section 91.119. The FAA has granted exemptions to conduct similar operations in Exemptions 11062 through 11067, 11080, 1110 and 1134. 14CFR 91.121- Altimeter settings This section requires that each person operating an aircraft shall maintain the cruising altitude or flight level ofthat aircraft, as the case may be, by reference to an altimeter that is set, when operating below 18,000feet MSLto: • The current reported altimeter setting of a station along the route and within 100 nautical miles ofthe aircraft; • Ifthere is no station within the area prescribed in paragraph (a)(1)(i) ofthis section, the current reported altimetersettingofan appropriate available station; • In the case ofan aircraft not equipped with a radio, the elevation ofthe departure airport or an appropriate altimeter setting available before departure. To provide an equivalent level ofsafety, the Hawkeye Mk-111 autopilot calculates the reference altitude (ground level) with the on-board GPS duringthe pre-flight tests. The GPS and barometerdata are then used to calculate the altitude in-flight 14CFR Part 91.151(a)- Fuel Requirements for Flight in VFR Conditions This regulation prohibits an individual from beginning "a flight in an airplane underVFR conditions unless (considering wind and forecast weather conditions) there is enough fuel tofly tothefirst point of intended landingand, assuming normal cruising speed- (1) Duringthe day, to fly afterthatforat least 30 minutes; or (2) At night, tofly afterthat for at least 45 minutes." The batteries poweringthe Hawkeye Mk-111 provide approximately 60 minutes of powered flight. Without an exemption from§ 14 C.F.R. 91.151, the UAS's flights would be limited to approximately 30 minutes in length. Given the limitationson its proposed operations and the location ofthose proposed operations, a longertime frame for flight in daylightVFR conditions is reasonable.

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### 12Birdseye Farming believes that an exemption from 14C.F.R. §91.151(a) is safe and within the scope of prior exemptions. See Exemption 10673 (allowing Lockheed Martin Corporation to operate without compliance with 91.151(a)). Operatingthe small UAS without 30 minutes of reserve fuel does not engender thetype of risks that Section 91.151(a) was meantto prevent given the size and speed at which the UAS operates. The fact that itcarries no pilot, passenger, or cargo also enhances its safety. Limiting Hawkeye Mk-111 flights to 30 minuteswould greatly reduce their utility. In the unlikely event thatthe Hawkeye Mk-111 achieves a low batterystate (10.4volts), itwould simply land. Given its weight and construction material, the risks are less than contemplated by the current regulation. Birdseye Farming believes that an equivalent level ofsafety can be achieved by maintaining 15 minutes of reserve fuel, which, allowing45 minutes offlighttime, would be morethan adequate to return the UAS to its planned landing zone from anywhere in its operating area. Similar exemptions have been grantedto otheroperators, including Exemptions 2689F, 5745, 10673, 10808, and Exemptions 11062 through 11067, 11080, 11109, 1110, 11112 and 11345. 14 C.F.R. § 91.203 (a) & (b): Carrying Civil Aircraft Certification and Registration

This regulation provides as follows:

• No person may operate a civil aircraft unless it has an appropriate and current airworthiness certificate. • No person may operate a civil aircraft unless the airworthiness certificate required by paragraph (a) ofthis section or aspecial flight authorization issued under §91.715 is displayed at the cabin orcockpit entrance so that it is legible to passengers orcrew. The Hawkeye Mk-111 weighs only 5.5 pounds (max take-offweight). As such, there is no ability or place to carry certification and registration documents orto display them on the UAS. In addition, there is no pilot on board the aircraft. To obtain an equivalent level of safety and meet the intent of 91.203, we propose that documents deemed appropriate for this aircraft by the FAA will be co-located with the operator at the ground control station in the Hawkeye Mk-111 box and available for inspection upon request.

14C.F.R. § 91.405(a); 407(a)(l); 409(a)(2); 417(a) 

### &(b): Maintenance Inspections Section 91.405(a) requires that an aircraft operator orowner "shall have that aircraft inspected as prescribed in subpart Eofthis part and shall between required inspections, except as provided in paragraph (c) ofthis section, have discrepancies repaired as prescribed in part 43 ofthis chapter

... ." Section 91.407 similarly makes reference to requirements in Part 43; Section 91.409(a)(2) requires an annual inspection forthe issuance ofan airworthiness certificate. Section 91.417(a) requires the owner oroperatorto keep records showing certain maintenance workthat has been accomplished by

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## 13certificated mechanics, under Part

### 43, or licensed pilots and records ofapproval ofthe aircraftfor return to service. Maintenance ofthe Hawkeye Mk-111 will be accomplished by the owner/operator pursuant tothe manuals attached as confidential exhibits. An equivalent level ofsafety will be achieved because the UAS is small in size, will carry asmall payload, will operation only in restricted predetermined areas and is not acomplex mechanical device. As provided in the attached manuals, the operatorwill ensure that the UAS is in working order priorto initiatingflight, perform required maintenance, and keep a log of any maintenance that is performed; moreover, the operator is the person most familiar with the aircraft and is best suited to maintain the aircraft in an airworthy condition and to ensure an equivalent level of safety. The FAA has granted exemptions for similar operations in Exemptions 

### 11345, 11062through 

### 11067, 11080, 11109, 11110, 11112 and 

### 11345.

APPENDIX B SUMMARY OF PRECISIONHAWK SECTION 333 EXEMPTION REQUEST For publication in the Federal Register, Birdseye Farming hereby provides pursuant to Part 

### 11 a summary of its exemption application to allow commercial operation ofthe Hawkeye Mk-111 unmanned aircraft in precision aerial survey work. An exemption is requested from the following regulations:



### 14CFR Part 

### 21 Subpart H 

### 14 CFR Part 

### 45.23 (b) 

### 14CFR Part 

### 61.113 (a} and (b) 

### 14CFR Part 

### 91.7 (a} 

### 14 CFR Part 

### 91.9 (b)

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## 1414CFR Part 91.119 (c) 14CFR Part 91.151 (a) 14 CFR Part 91.405 (a) 14CFR Part 91.407 (a)(1) 14 CFR Part 91.409 (a)(2) 14CFR Part 91.417 (a) 

### & (b) Sincerely,

# ct::h.~tJJffiPresident BIRDSEYE FARMING Attachments: PrecisionHawk Flight Manual



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