### July 13, 2015

Exemption No. 12015 Regulatory Docket No. FAA

–2015

–1399

Mr. James Michael Wilson President Birdseye Farming, Inc. 102 Plaza de Luke Square Clayton, NC 27527
Dear Mr. Wilson: This letter is to inform you that we have granted your request for exemption. It transmits our decision, explains its basis, and gives you the conditions and limitations of the exemption, including the date it ends. By letter dated April 28, 2015, you petitioned the Federal Aviation Administration (FAA) on behalf of Birdseye Farming, Inc. (hereinafter petitioner or operator) for an exemption. The petitioner requested to operate an unmanned aircraft system (UAS) to conduct aerial data collection for precision agriculture and precision surveying

. See Appendix A for the petition submitted to the FAA describing the proposed operations and the regulations that the petitioner seeks an exemption

. The FAA has determined that good cause exists for not publishing a summary of the petition in the Federal Register because the requested exemption would not set a precedent, and any delay in acting on this petition would be detrimental to the petitioner

. Airworthiness Certification
The UAS proposed by the petitioner is a PrecisionHawk Hawkeye Mk

-III

. The petitioner requested relief from 14 CFR part 21, Certification procedures for products and parts, Subpart H

— Airworthiness Certificates

. In accordance with the statutory criteria provided in Section 333 of Public Law 112

−95 in reference to 49 U

.S

.C

. § 44704, and in

### 2 consideration of the size, weight, speed, and limited operating area associated with the aircraft and its operation, the Secretary of Transportation has determined that this aircraft meets the conditions of Section 333. Therefore, the FAA finds that the requested relief from 14 CFR part 21, Certification procedures for products and parts, Subpart H

— Airworthiness Certificates, and any associated noise certification and testing requirements of part 36, is not necessary. The Basis for Our Decision You have requested to use a UAS for aerial data collection1



### . The FAA has issued grants of exemption in circumstances similar in all material respects to those presented in your petition. In Grants of Exemption Nos
. 11062 to Astraeus Aerial (see Docket No. FAA−2014−0352), 11109 to Clayco, Inc. (see Docket No. FAA

−2014

−0507), 11112 to VDOS Global, LLC (see Docket No. FAA−2014−0382), and 11213 to Aeryon Labs, Inc. (see Docket No. FAA−2014−0642), the FAA found that the enhanced safety achieved using an unmanned aircraft (UA) with the specifications described by the petitioner and carrying no passengers or crew, rather than a manned aircraft of significantly greater proportions, carrying crew in addition to flammable fuel, gives the FAA good cause to find that the UAS operation enabled by this exemption is in the public interest. Having reviewed your reasons for requesting an exemption, I find that

—

• They are similar in all material respects to relief previously requested in Grant of Exemption Nos. 11062, 11109, 11112, and 11213;
• The reasons stated by the FAA for granting Exemption Nos. 11062, 11109, 11112, and 11213 also apply to the situation you present; and

• A grant of exemption is in the public interest.
Our Decision In consideration of the foregoing, I find that a grant of exemption is in the public interest. Therefore, pursuant to the authority contained in 49 U.S.C. 106(f), 40113, and 44701, delegated to me by the Administrator, Birdseye Farming, Inc. is granted an exemption from 14 CFR §§ 61.23(a) and (c), 61.101(e)(4) and (5), 61.113(a), 61.315(a), 91.7(a), 91.119(c), 91.121, 91.151(a)(1), 91.405(a), 91.407(a)(1), 91.409(a)(1) and (2), and 91.417(a) and (b), to the extent necessary to allow the petitioner to operate a UAS to perform aerial data collection

. This exemption is subject to the conditions and limitations listed below.

1 

### Aerial data collection includes any remote sensing and measuring by an instrument(s) aboard the UA. Examples include imagery (photography, video, infrared, etc.), electronic measurement (precision surveying, RF analysis, etc.), chemical measurement (particulate measurement, etc.), or any other gathering of data by instruments aboard the UA.

### 3 Conditions and Limitations
In this grant of exemption, Birdseye Farming, Inc. is hereafter referred to as the operator. Failure to comply with any of the conditions and limitations of this grant of exemption will be grounds for the immediate suspension or rescission of this exemption.
1. Operations authorized by this grant of exemption are limited to the PrecisionHawk Hawkeye Mk

-III when weighing less than 55 pounds including payload. Proposed operations of any other aircraft will require a new petition or a petition to amend this exemption

. 2. Operations for the purpose of closed

-set motion picture and television filming are not permitted.
3. The UA may not be operated at a speed exceeding 87 knots (100 miles per hour). The exemption holder may use either groundspeed or calibrated airspeed to determine compliance with the 87 knot speed restriction. In no case will the UA be operated at airspeeds greater than the maximum UA operating airspeed recommended by the aircraft manufacturer.
4. The UA must be operated at an altitude of no more than 400 feet above ground level (AGL). Altitude must be reported in feet AGL.
5. The UA 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 or U.S. driver’s license.
6. All operations must utilize a visual observer (VO). The UA must be operated within the visual line of sight (VLOS) of the PIC and VO at all times. 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; electronic messaging or texting is not permitted during flight operations. The PIC must be designated before the flight and cannot transfer his or her designation for the duration of the flight. The PIC must ensure that the VO can perform the duties required of the VO.
7. This exemption and all documents needed to operate the UAS and conduct its operations in accordance with the conditions and limitations stated in this grant of exemption, are hereinafter referred to as the operating documents. The operating documents must be accessible during UAS operations and made available to the Administrator upon request. If a discrepancy exists between the conditions and limitations in this exemption and the procedures outlined in the operating documents,

### 4 the conditions and limitations herein take precedence and must be followed. Otherwise, the operator must follow the procedures as outlined in its operating documents. The operator may update or revise its operating documents. It is the operator’s responsibility to track such revisions and present updated and revised documents to the Administrator or any law enforcement official upon request. The operator must also present updated and revised documents if it petitions for extension or amendment to this grant of exemption. If the operator determines that any update or revision would affect the basis upon which the FAA granted this exemption, then the operator must petition for an amendment to its grant of exemption. The FAA’s UAS Integration Office (AFS−80) may be contacted if questions arise regarding updates or revisions to the operating documents.
8. Any UAS that has undergone maintenance or alterations that affect the UAS operation or flight characteristics, e.g., replacement of a flight critical component, must undergo a functional test flight prior to conducting further operations under this exemption. Functional test flights may only be conducted by a PIC with a VO and must remain at least 500 feet from other people. The functional test flight must be conducted in such a manner so as to not pose an undue hazard to persons and property.
9. The operator is responsible for maintaining and inspecting the UAS to ensure that it is in a condition for safe operation.
10. Prior to each flight, the PIC must conduct a pre

-flight inspection and determine the UAS is in a condition for safe flight. The pre
-flight inspection must account for all potential discrepancies, e.g., inoperable components, items, or equipment. 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.
11. The operator must follow the UAS manufacturer’s maintenance, overhaul, replacement, inspection, and life limit requirements for the aircraft and aircraft components.
12. Each UAS operated under this exemption must comply with all manufacturer safety bulletins.
13. Under this grant of exemption, a PIC must hold either an airline transport, commercial, private, recreational, or sport pilot certificate. The PIC must also hold a current FAA airman medical certificate or a valid U.S. driver’s license issued by a state, the District of Columbia, Puerto Rico, a territory, a possession, or the Federal government. The PIC must also meet the flight review requirements specified in 14 CFR § 61.56 in an aircraft in which the PIC is rated on his or her pilot certificate.

### 5
14. The operator may not permit any PIC to operate unless the PIC demonstrates the ability to safely operate the UAS in a manner consistent with how the UAS will be operated under this exemption, including evasive and emergency maneuvers and maintaining appropriate distances from persons, vessels, vehicles and structures. PIC qualification flight hours and currency must be logged in a manner consistent with 14 CFR § 61.51(b). Flights for the purposes of training the operator’s PICs and VOs (training, proficiency, and experience

-building) and determining the PIC’s ability to safely operate the UAS in a manner consistent with how the UAS will be operated under this exemption are permitted under the terms of this exemption. However, training operations may only be conducted during dedicated training sessions. During training, proficiency, and experience

-building flights, all persons not essential for flight operations are considered nonparticipants, and the PIC must operate the UA with appropriate distance from nonparticipants in accordance with 14 CFR § 91.119.
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). Flights under special visual flight rules (SVFR) are not authorized.
16. The UA may not operate within 5 nautical miles of an airport reference point (ARP) as denoted in the current FAA Airport/Facility Directory (AFD) or for airports not denoted with an ARP, the center of the airport symbol as denoted on the current FAA

-published aeronautical chart, unless a letter of agreement with that airport’s management is obtained or otherwise permitted by a COA issued to the exemption holder. The letter of agreement with the airport management must be made available to the Administrator or any law enforcement official upon request.
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.
18. If the UAS loses communications or loses its GPS signal, the UA must return to a pre
-determined location within the private or controlled

-access property.
19. The PIC must abort the flight in the event of unpredicted obstacles or emergencies.
20. The PIC is prohibited from beginning a flight unless (considering wind and forecast weather conditions) there is enough available power for the UA to conduct the intended operation and to operate after that for at least five minutes or with the reserve power recommended by the manufacturer if greater.
21. Air Traffic Organization (ATO) Certificate of Waiver or Authorization (COA). All operations shall be conducted in accordance with an ATO

-issued COA. The exemption holder may apply for a new or amended COA if it intends to conduct operations that cannot be conducted under the terms of the attached COA

.

### 6
22. All aircraft operated in accordance with this exemption must be identified by serial number, registered in accordance with 14 CFR part 47, and have identification (N−Number) markings in accordance with 14 CFR part 45, Subpart C. Markings must be as large as practicable.
23. Documents used by the operator to ensure the safe operation and flight ofthe UAS and any documents required under 14 CFR §§ 91.9 and 91.203 must be available to the PIC at the Ground Control Station of the UAS any time the aircraft is operating. These documents must be made available to the Administrator or any law enforcement official upon request.
24. The UA must remain clear and give way to all manned aviation operations and activities at all times.
25. The UAS may not be operated by the PIC from any moving device or vehicle.
26. All 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 in a manner ensuring the safety of nonparticipating persons; and b. The owner/controller of any vessels, vehicles or structures has granted permission for operating closer to those objects 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. The PIC, VO, operator trainees or essential persons are not considered nonparticipating persons under this exemption.
27. All operations shall be conducted over private or controlled

-access property with permission from the property owner/controller or authorized representative. Permission from property owner/controller or authorized representative will be obtained for each flight to be conducted.
28. 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

.

### 7 If this exemption permits operations for the purpose of closed

-set motion picture and television filming and production, the following additional conditions and limitations apply.
29. The operator must have a motion picture and television operations manual (MPTOM) as documented in this grant of exemption.
30. At least 3 days before aerial filming, the operator of the UAS affected by this exemption must submit a written Plan of Activities to the local Flight Standards District Office (FSDO) with jurisdiction over the area of proposed filming. The 3

-day notification may be waived with the concurrence of the FSDO. The plan of activities must include at least the following:

a. Dates and times for all flights; b. Name and phone number of the operator for the UAS aerial filming conducted under this grant of exemption; c. Name and phone number of the person responsible for the on

-scene operation of the UAS; d. Make, model, and serial or N−Number of UAS to be used; e. Name and certificate number of UAS PICs involved in the aerial filming; f. A statement that the operator has obtained permission from property owners and/or local officials to conduct the filming production event; the list of those who gave permission must be made available to the inspector upon request; g. Signature of exemption holder or representative; and h. A description of the flight activity, including maps or diagrams of any area, city, town, county, and/or state over which filming will be conducted and the altitudes essential to accomplish the operation.
31. Flight operations may be conducted closer than 500 feet from participating persons consenting to be involved and necessary for the filming production, as specified in the exemption holder’s MPTOM. Unless otherwise specified in this grant of exemption, the UAS, the UAS PIC, and the UAS operations must comply with all applicable parts of 14 CFR including, but not limited to, parts 45, 47, 61, and 91.

### 8
This exemption terminates on July 31, 2017, unless sooner superseded or rescinded. Sincerely,
/s/ John S. Duncan Director, Flight Standards Service

EnclosuresApril 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 New Jersey 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 Sir or Madam,
Pursuant to Section 333 ofthe FAA Modernization and Reform Act of 2012 {FMRA), Birdseye Farming, Inc (Birdseye Farming) is petitioning for 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 authority to allow for the safe operation of certain unmanned aircraft systems (UAS) within the national airspace. Birdseye Farming proposes to use a small, lightweight UAV- the PrecisionHawk Hawkeye Mk-111- and proprietary cloud-based software to collect, process, and analyze aerial data principally for purposes of precision agriculture and precision surveying. In doing so, this system would occupy a brand new space in a transformative industry by providing high quality and actionable information to users. Indeed, use of the Hawkeye Mk-111 would contribute to various social goods, from environmental protection to improved crop yields. In providing this service, this system would empower crop researchers and farmers to make better management decisions through software that identifies disease and insects, nutrient deficiencies, and materials for increasing yields with fewer resources. Operations under the exemption will be subject to strict operating requirements and conditions to
ensure at least an equivalent level of safety to currently authorized operations using manned aircraft and under conditions as may be modified by the FAA as required by 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-offweight of 5.5 lbs. is small in size. The Hawkeye Mk-111 will be operated under controlled conditions at low altitude in airspace that is



### Page 

### 1

------------------ -limited in scope, as described more fully herein; it will 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 to the FAA in advance. Birdseye Farming respectfully submits that because this small, unmanned aerial vehicle- the Hawkeye Mk-111- will be used in lieu of comparatively hazardous operations now conducted with fixed wing and rotary conventional aircraft, the FAA can have confidence that the operations will achieve at least an equivalent level or greater level of safety. Approval 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 of such aircraft systems in the national airspace system."

.



### 14 CFR 11.81 

### (a)- Name and address of the 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:



### Page 

### 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 to the proposal set forth in this letter are appropriate, provide an equivalent level of safety, and are in the public interest. Appendix B provides the requisite Federal Register summary

THE APPLICABLE LEGAL STANDARD UNDER SECTION 333 Birdseye Farming submits that grant of this exemption application for use of the Hawkeye Mk-111 in precision aerial surveys will advance the Congressional mandate in Section 333 of the Reform Act to accelerate the introduction of UASs into the national airspace system ("NAS") if it can be accomplished safely. This law directs the Secretary ofTransportation to consider whether certain UASs may operate safely in the NAS before completion of the rulemaking required under Section 332 ofthe Reform Act. In making this determination, the Secretary is required to determine which types of UASs do not create a hazard to users of the NAS or the public or pose a threat to national security in light of the following:

• The UAS's size, weight, speed, and operational capability;
• Operation ofthe UAS in close proximity to airports and populated areas; and

• Operation ofthe UAS within visual line of sight of the operator.
Reform Act§ 333(a)(1). Ifthe Secretary determines that such vehicles "may operate safely in the national airspace system, the Secretary shall establish requirements for the safe operation of such aircraft in the national airspace system." ld. § 333(c) (emphasis added).

The Federal Aviation Act expressly grants the FAA the authority to issue exemptions. This statutory authority, by its 

### terms, includes exempting civil aircraft, as the term is defined under § 40101 of the Act, from the requirement that all civil aircraft must have a current airworthiness certificate and those regulations requiring commercial pilots to operate aircraft in commercial service:
The Administrator may grant an exemption from a requirement of a regulation prescribed under subsection (a) or (b) ofthis section or any of sections 44702-44716 of this title if the Administrator finds 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 of the Reform Act; the additional authority in the Federal Aviation Act, as amended; the strong equivalent level of safety surrounding the proposed operations; and the significant public benefit, including enhanced safety and cost savings associated with transitioning to UASs for aerial surveying. Accordingly, the applicant respectfully requests that the FAA grant the requested exemption without delay.
AIRCRAFT AND EQUIVALENT LEVEL OF SAFETY

The applicant proposes that the exemption requested herein apply to civil aircraft that have the characteristics and that operate with the limitations listed herein. These limitations provide for at least
an equivalent or even higher level of safety to operations under the current regulatory structure

Page 

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



### Page 4 1. Operations ofthe Hawkeye Mk-111 are limited to the aircraft described in the attached manuals, which is a miniature propeller airplane built by Precision Hawk that weighs less than six pounds (the "UA" or "UAS"). Proposed operations of any other aircraft will require a new petition or a 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 of sight ("VLOS") ofthe pilot-in-command ("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. 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. If a discrepancy exists between the conditions and limitations in the exemption and the procedures outlined in the manuals, the conditions and limitations in the exemption take precedence and must be followed. Otherwise, the operator must follow the procedures as outlined in the manuals.
6. Prior to each flight, the PIC must inspect the UAS to ensure it is in a condition for safe flight. If the inspection reveals a condition that affects the safe operation ofthe UAS, the aircraft is prohibited from operating until the necessary maintenance has been performed, and the UAS is found to be in a condition for safe flight. The ground control station must be included in the preflight inspection. All maintenance and alterations must be properly documented in the aircraft records.

7. Any UAS that has undergone maintenance or alterations that affect the UAS operation or 

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

### 5 8. The preflight inspection section in the manuals includes the following requirement: the preflight inspection must account for all discrepancies, i.e., inoperable components, items, or equipment, not covered in the relevant preflight inspection sections 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 to flight 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, including total flight hours, description of work accomplished, and the signature of the authorized technician returning the UAS to service.



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



### 12. Each UAS operated under the exemption must comply with 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 pilot certificate and a third-class airman medical certificate. The PIC must also meet the flight review requirements specified in 

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


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


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



### 17. The PIC must abort the 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 weather conditions) there is enough power to fly to the first point of intended landing and, assuming normal cruising speed, to fly after that for at least 

### 10 minutes.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. part 47, 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 comply with the Federal Communications Commission ("FCC") or other appropriate government oversight agency requirements.

21. The documents required under 14 C.F.R. 91.9 and 91.203 must be available to the PIC at the ground control station of the UAS any time the aircraft is operating. These documents must be made available to the Administrator or any law enforcement official upon request.

22. The UA must remain clear and yield the right of way to all other manned operations and activities at all times (including, but not limited to, ultralight vehicles, parachute activities, parasailing activities, hang gliders, etc.).

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 G airspace.

26. All operations must be conducted under visual meteorological conditions ("VMC"). The UA may not be operated less than 500 feet below or less than 2,000 feet horizontally from a cloud
or when visibility is less than 3 statute miles from the PIC.

27. During operations in Class G airspace, the UA may not operate within 5 nautical miles ofthe geographic center of an airport as denoted on a current FAA-published aeronautical chart unless
a letter of agreement with that airport's management is obtained, and the operation is conducted in accordance with a NOTAM as required by the operator's COA. The letter of agreement with the airport management must be made available to the Administrator upon request.
28. The UA may not be operated over congested or densely populated areas unless the conditions set forth in #29 are satisfied. These populated areas include, but are not limited to, the yellow areas depicted on World Aeronautical Charts ("WAC"), Sectional Aeronautical Charts ("Sectionals"), or Terminal Area Charts ("TAC"). However, aeronautical charts may not reflect pertinent local information. Ultimately, it is the PIC's responsibility to maintain the minimum safe altitudes required by§ 91.119.
29. Operations must be conducted at least 500 feet from all nonparticipating persons (persons other than the PIC or VO), vessels, vehicles, and structures unless:a. barriers or structures are present that sufficiently protect nonparticipating persons from debris in the event of an accident. The operator must ensure that nonparticipating persons remain under such protection. If a situation arises in which nonparticipating persons leave such protection and are within 500 feet ofthe 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



### c. operations near the PIC do not present an undue hazard to the PIC, per§ 91.119(a).

30. 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.

31. In the event COAs are required, any incident, accident, or flight operation that transgresses the lateral or vertical boundaries ofthe 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.


### ********
Privacy. All flights will occur over private or controlled access property with the property owner's prior consent and knowledge. Inspection will be in areas where the owners will have consented to the inspections or otherwise have agreed to allow the UAS and the operator to be in the area where inspection will take place.

National Security. No national security issue is raised by the grant ofthis exemption. Given the size, load carrying capacity, speed at which it operates, and the fact that it carries no explosives or other dangerous materials, the Hawkeye Mk-111 poses no threat to national security.


### ********

In summary, Birdseye Farming seeks an exemption from the FARs set forth in Appendix A to operate commercially a small unmanned vehicle (55 lbs. or less) in aerial survey operations. Approval of this exemption for commercial aerial survey operations will enhance safety by reducing risk. Conventional operations, using jet or piston powered aircraft, operate at extremely low altitudes just feet from the subject being inspected and in extreme proximity to people and structures. Such manned operations present the risks associated with vehicles that weigh in excess of 6,000 lbs., carrying large amounts ofjet A or other fuel. Such aircraft must fly to and from the project location. In contrast, a



### Page 

## 7

### sUAS weighing fewer than six lbs. and powered by batteries eliminates virtually all ofthat risk given the reduced mass and lack of combustible fuel carried on board. The sUAS is carried to the target area and not flown. The sUAS will carry no passengers or crew and, therefore, will not expose them to the risks associated with manned aircraft flights.
The operation of small UASs, weighing less than six lbs., conducted in the strict conditions outlined above, will provide an equivalent level of safety supporting the grant ofthe exemptions requested herein. These lightweight aircraft operate at slow speeds, close to the ground, and in areas that are under the control of the customer. As a result, they are far safer than conventional operations conducted with manned aircraft operating in close proximity to the ground and people.
Satisfaction ofthe criteria provided in Section 333 ofthe Reform Act of 2012- size, weight, speed, operating capabilities, proximity to airports and populated areas, and operation within visual line of sight and national security- provide more than adequate justification for the grant ofthe requested exemptions allowing commercial operation of applicant's UAS for the 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 SUBJECT TO EXEMPTION
Birdseye Farming requests an exemption from the following regulations as well as any additional regulations that may technically apply to the operation of the 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)

Page 

## 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)



### 14 CFR 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 to the extent necessary to permit civil flight operations within the national airspace. Birdseye Farming seeks authorization to conduct small UAS flight operations within the perimeters of this exemption request.

14 CFR Part 21 Subpart H (Airworthiness Certificates) Birdseye Farming seeks to utilize the PrecisionHawk Lancaster UAS platform under this exemption request. This UAS platform has gained substantial operational maturity via several FAA approved Certificates of Authorization. It has a proven safety record ( and a maximum take-off weight of 5.5 pounds) and has demonstrated that its operations would not adversely affect safety compared to similar aircraft that have been issued an airworthiness certificated under 14 CFR Part 21, Subpart H. Should the FAA approve this exemption request and determine that an airworthiness certificate is not required, noise certification and testing under 14 CFR Part 36 will also not be required for the UAS for the term of the exemption.

14 CFR Part 45.23 (b) (Display of Marks: General)
Michael, as the petitioner seeks relief from Part 45.23 (b) requiring markings on certain sections ofthe aircraft and markings of a certain 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.

14 CFR 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 a conventional aircraft that carries a pilot, passengers, and cargo, the Hawkeye Mk-111 in this case is remotely controlled with no passengers or property of others on board. Section 61.133(a) requires an individual with a commercial pilot's license to be pilot in command of any aircraft for compensation or hire. Birdseye Farming respectfully proposes that operator requirements should take into account the characteristics of the particular UAS. PrecisionHawk's Hawkeye Mk-111 has a high degree of pre-programmed control and various built-in technical capabilities that strictly limit the 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 to take one ofthe following actions: (i) command the aircraft to begin to autonomously return to the recovery area and land; (ii) command the aircraft to autonomously return to the recovery area where the pilot will assume control and land the aircraft; or (iii) manually
assume control ofthe aircraft via the hand controller and return the craft to the recovery area where the operator lands it.
Additional automated safety functions and safety enhancing features ofthe Hawkeye Mk-111 include the following:

• Auto-pilot detection of lost GPS or of insufficient satellites initiates a stand-by loiter pattern until such time as GPS is re-established or the PIC assumes manual control ofthe aircraft.

• Low battery power on the aircraft (10.4 volts) triggers the landing sequence and the craft will fly to the recovery area.
• Ifthe auto-pilot detects a lost-link to the ground control station for longer than 30 seconds, landing procedure begins.
• The aircraft, weighing fewer than 6 lbs., fully loaded, is constructed offoam, which is intended to absorb impact energy.
• In the event the ground station reaches a low power state, it will alert the pilot.
Given these safety features, Birdseye Farming proposes that operators ofthe Hawkeye Mk-111 should not be required to hold a commercial pilot certification. Instead, operators should be required to hold only
a private pilot certification.
The risks associated with the operation ofthe Hawkeye Mk-111 (given its size, speed, operational capabilities, and lack of combustible fuel) are so diminished from the level of risk associated with commercial operations contemplated by Part 61 with conventional aircraft (fixed wing or rotorcraft) that allowing operations ofthe UAS as set forth above meets or exceeds the present level of safety provided under 14 C.F.R. § 61.113(a) & (b) and does not rise to the level of requiring a commercial pilot to operate the aircraft under§ 61.133(a).

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### 10Given these conditions and restrictions, an equivalent level of safety will be provided by allowing operation ofthe Hawkeye Mk-111 with a private pilot's certificate, under the conditions set forth in the exemption request. The FAA has granted exemptions to conduct similar operations in Exemptions 11062 through 11067, 11080, 11109, and 11110.

14 CFR Part 91.7 (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 ofthe Hawkeye Mk-111 without an airworthiness certificate, no standard will exist for airworthiness ofthe Hawkeye Mk-111. Given the size ofthe aircraft and the requirements that the operator has agreed to as relates to airworthiness, as set forth in the attached manuals, an equivalent level of safety will be achieved by ensuring compliance with the PrecisionHawk manuals prior to each flight. The FAA has granted exemptions to conduct similar operations in Exemptions 11062 through 11067, 11080, 11109, and 11110

14 C.F.R. § 91.9: Civil aircraft flight 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 to the crew, as there is no flight crew on board.
The equivalent level of safety will be achieved by keeping a hard copy of the PrecisionHawk user manual in the transport box that will be within reach ofthe operator at all times.

14 C.F.R. § 91.109(a) 

### &91.319(a)(1): Flight Instruction

The regulation provides that "No person may operate a civil aircraft that is being used for flight instruction unless that aircraft has fully functioning dual controls." Flight instruction will be accomplished through an elaborated training program approved by the manufacturer or affiliate providing the training as described in the PrecisionHawk Hawkeye Mk-111 training program and through the use of experienced and qualified instructors familiar with the PrecisionHawk Hawkeye Mk-111.

14 CFR Part 91.119 (c) (Minimum Safe Altitudes: General)
Section 91.119 establishes safe altitudes for operation of civil aircraft. Specifically, 91.119{c) limits aircraft flying over areas other than congested areas to an altitude of 500 feet above the surface, except
over open water or sparsely populated areas. In those cases, the aircraft may not be operated closer than 500 feet to any person, vessel, vehicle, or structure.

Page 

### 11As set forth herein, the Hawkeye Mk-111 will never operate at higher than 400 feet AGL. It will, however, be operated to avoid congested or populated areas that are depicted in yellow on VFR sectional charts. Because aerial survey work must be accomplished at relatively low altitudes and at altitudes less than 500 feet AGL, an exemption from Section 91.119(c) is needed.
The equivalent level of safety will be achieved given the size, weight, speed, and material with which the Hawkeye Mk-111 is built. Also, no flight will be taken without the permission ofthe landowner or those who control the land as well as local officials. Because of advance notice to the landowner, all affected individuals will be aware ofthe survey flights. <;:ompared to aerial survey operations conducted with aircraft or rotorcraft weighing far more than 5.5 lbs. and carrying flammable fuel, any risk associated with these operations will be far less than the risks currently posed by conventional aircraft operating at
or below 500 feet AGL. Indeed, the low-altitude operations ofthe UAS will maintain separation between these smaii-UAS operations and the operations of conventional aircraft that must comply with Section 91.119. The FAA has granted exemptions to conduct similar operations in Exemptions 11062 through 11067, 11080, 1110 and 1134.

14 CFR 91.121- Altimeter settings
This section requires that each person operating an aircraft shall maintain the cruising altitude or flight level of that aircraft, as the case may be, by reference to an altimeter that is set, when operating below 18,000 feet MSL to: • The current reported altimeter setting of a station along the route and within 100 nautical miles ofthe aircraft; • If there is no station within the area prescribed in paragraph (a)(1)(i) of this section, the current reported altimeter setting of an appropriate available station; • In the case of an aircraft not equipped with a radio, the elevation of the departure airport or an appropriate altimeter setting available before departure.

To provide an equivalent level of safety, the Hawkeye Mk-111 autopilot calculates the reference altitude (ground level) with the on-board GPS during the pre-flight tests. The GPS and barometer data are then used to calculate the altitude in-flight

14 CFR Part 91.151(a)- Fuel Requirements for Flight in VFR Conditions
This regulation prohibits an individual from beginning "a flight in an airplane under VFR conditions unless (considering wind and forecast weather conditions) there is enough fuel to fly to the first point of intended landing and, assuming normal cruising speed- (1) During the day, to fly after that for at least 30 minutes; or (2) At night, to fly after that for at least 45 minutes."
The batteries powering the Hawkeye Mk-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 limitations on its proposed operations and the location ofthose proposed operations, a longer time frame for flight in daylight VFR conditions is reasonable.

Page 

### 12Birdseye Farming believes that an exemption from 14 C.F.R. § 91.151(a) is safe and within the scope of prior exemptions. See Exemption 10673 (allowing Lockheed Martin Corporation to operate without compliance with 91.151(a)). Operating the small UAS without 30 minutes of reserve fuel does not engender the type of risks that Section 91.151(a) was meant to prevent given the size and speed at which the UAS operates. The fact that it carries no pilot, passenger, or cargo also enhances its safety. Limiting Hawkeye Mk-111 flights to 30 minutes would greatly reduce their utility. In the unlikely event that the Hawkeye Mk-111 achieves a low battery state (10.4 volts), it would simply land. Given its weight and construction material, the risks are less than contemplated by the current regulation. Birdseye Farming believes that an equivalent level of safety can be achieved by maintaining 15 minutes of reserve fuel, which, allowing 45 minutes of flight time, would be more than adequate to return the UAS to its planned landing zone from anywhere in its operating area.
Similar exemptions have been granted to other operators, including Exemptions 2689F, 5745, 10673, 10808, and Exemptions 11062 through 11067, 11080, 11109, 1110, 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 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 Hawkeye Mk-111 weighs only 5.5 pounds (max take-off weight). As such, there is no ability or place to carry certification and registration documents or to 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.

14 C.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 or owner "shall have that aircraft inspected as prescribed in subpart Eof this 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 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

Page 

## 13certificated mechanics, under Part 

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

### 11345, 11062 through 

### 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 of the Hawkeye Mk-111 unmanned aircraft in precision aerial survey work. An exemption is requested from the following regulations:



### 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)

Page 

## 1414 CFR Part 91.119 (c) 14 CFR Part 91.151 (a) 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)
Sincerely,

# ct::h.~tJJffiPresident BIRDSEYE FARMING

Attachments: PrecisionHawk Flight Manual



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