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The list below contains requirements for requesting FAA authorization to operate a UAS for civil under the authority of 49 U.S.C. §44807.

Before filing your petition, review FAA's guidance to ensure your petition contains at a minimum the following necessary information, if relevant:         

        Note: A Safety Risk Analysis is also required for complex operations for any proposal that includes the following, but not limited to: flight over or in close proximity to people, flight beyond visual line of sight, operation of multiple UAS, operations from a moving vehicle, package delivery, Part 135 operations, or high speeds. Additional information about safety risk analysis is available at FAA Order 8040.4, Safety Risk Management Policy and FAA Order 8040.6 UAS Safety Risk Management Policy.

U. S. Department of Transportation

Docket Operations

West Building Ground Floor, Room W12-140,

1200 New Jersey Ave., SE,

Washington, DC 20590

{{DATE}}

Re: Petition for Exemption under 14 C.F.R. Part 11 of the Federal Aviation Regulations from 14 CFR parts61.3(a)(1)(i); 61.3(c)(1); 61.23(a)(2); 91.7(a); 91.119(c); 91.121; 91.151(b); 91.209(a)(1); 91.403(b); 91.405(a);91.407(a)(1); 91. 409(a)(1); 91.409(a)(2); 91.417(a); 91.417(b); 137.19(c); 137.19(d); 137.19(e)(2)(ii);137.19(e)(2) (iii); 137.19(e)(2)(v); 137.31(a); 137.31(b); 137.33(a); 137.33(b); 137.41(c), and 137.42 and Title 49U.S.C. § 44807 to Authorize Commercial Agricultural Services with a UAS weighing more than 55 pounds.

Table of Contents

Petitioners Address        4

Petition for Exemption        4

Petition for Exemption Relief Sought        4

Rational for Relief        5

The FAA’s Previous Decision        6

Reasons why the petitioner is seeking relief from the regulations and why the exemptions would provide an equivalent level of safety.        15

49 U.S.C § 44807        15

49 U.S.C. § 44701        15

14 C.F.R. Part 61: Pilot Certification        16

14 C.F.R. Part 91: Aircraft System        16

14 C.F.R. Part 137: Certification Requirements        18

Reasons Why Granting this Petition Would be in the Public Interest        20

Federal Register Summary        21

Conclusion        22

Petitioners Address

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The primary contact for this petition:
{{Primary Contact}}

In this Summary Grant Petition for an exemption, {{LegalName}} is hereinafter referred to as “the Operator”, “the Exemption Holder”, or “the Petitioner/’s”.

Petition for Exemption

{{LegalName}} petitions for exemption from the listed Federal Aviation Regulations to conduct

agricultural aircraft operations as defined in 14 CFR part 137. Title 49 U.S.C. § 44807, and 14 C.F.R. Part 11 to authorize commercial agricultural related services with UAS aircraft weighing 55 pounds or more from the approved aircraft list. The Petitioner will operate under the restrictions listed in Exemption #22003 or as ruled.

Petition for Exemption Relief Sought

The Petitioner requests exemption under Part 11 of the Federal Aviation Regulations from:

14 C.F.R. § 61.3 (a)(1)(i) Requirement for certificates, ratings, and authorizations.

14 C.F.R. § 61.3 (c)(1) Medical certificate

14 C.F.R. § 61.23 (a)(2) Second class medical certificate

14 C.F.R. § 91.7(a) Civil aircraft airworthiness.

14 C.F.R. § 91.119(c) Minimum safe altitudes: General.

14 C.F.R. § 91.121 Altimeter settings.

14 C.F.R. § 91.151(b) Fuel requirements for flight in VFR conditions.

14 C.F.R. § 91.209(a)(1) Aircraft lights

14 C.F.R. § 91.403(b) Maintenance, preventative maintenance, or alterations to an aircraft

14 C.F.R. § 91.405(a) Maintenance required.

14 C.F.R. § 91.407(a)(1) Operation after maintenance, preventive maintenance, rebuilding, and

inspections.

14 C.F.R. § 91.409(a)(1) and (2) Inspections.

14 C.F.R. § 91.417(a) and (b) Maintenance records.

14 C.F.R. § 137.19 (c), (d) and (e)(2)(ii)(iii) and (v) Agricultural aircraft operator certification

requirements.

14 C.F.R. § 137.31(a) and(b) Aircraft requirements.

14 C.F.R. § 137.33(a) and (b) Carrying of certificate.

14 C.F.R. § 137.41(c) Personnel, Pilot in command.

14 C.F.R. § 137.42 Fastening of safety belts and shoulder harnesses.

All of Title 14, Code of Federal Regulations (14 CFR) to the extent necessary to allow the operator to provide commercial agricultural-related services with a UAS on the List of Approved Agricultural UAS under Section 44807. The list, which will be updated periodically, is posted at www.regulations.gov, under docket number FAA-2023-1271.

Rational for Relief

The FAA has seen a significant increase in agricultural aircraft operator certificate applicants seeking to use UAS in agricultural aircraft operations under 14 CFR Part 137 and has approved hundreds of these requests with few incidents. Therefore, the FAA is shifting to a risk-based approach to streamline the certification process for certain lower-risk operators and explains the relevant changes to conditions and limitations in this document in the analysis that follows. These include the following changes:

  1. The Part 137 certification process;
  2. The documentation requirements;
  3. The approved aircraft; and
  4. Updates to reflect FAA policy.

Concept of Operations

The primary focus using Unmanned Aircraft Systems (UAS) is on the efficient and precise application of economic poisons (pesticides and herbicides), seeds, fertilizers, and water. The integration of these advanced drones aims to revolutionize traditional farming practices by enhancing productivity, reducing environmental impact, and ensuring optimal crop health and yield. By leveraging cutting-edge drone technology, this agricultural business can maximize efficiency, ensure safety, and continually improve agricultural practices.

Operations Manual

Supporting this Petition for Exemption, the petitioner will create an Operations Manual.

Emergency Procedures

Supporting this Petition for Exemption, the petitioner will create an Emergency Procedures.

Checklists

Supporting this Petition for Exemption, the petitioner will create Checklists.

Maintenance Manual

Supporting this Petition for Exemption, the petitioner will create a Maintenance Manual.

Training Program

Supporting this Petition for Exemption, the petitioner will create a Training Program.

Flight History

Supporting this Petition for Exemption, the petitioner will create a Flight History logbook.

Safety Risk Analysis

Supporting this Petition for Exemption, the petitioner will create a Safety Risk Analysis to include complex operations.

The FAA’s Previous Decision

The Petitioner agrees that the following limitations provide an equivalent level of safety, if not greater, as the FAR’s presently impose upon the Petitioner. The guidelines below were already previously granted in Exemption No. 22003.

The FAA has determined that the justification for the issuance of an Exemption remains valid with respect to this exemption and is in the public interest. Therefore, under the authority provided by 49 U.S.C. §§ 106(f), 40113, 44701, and 44807, we request you grant the petitioner an exemption from 14 CFR §§ 61.3(a)(1)(i), 61.3(c)(1), 61.23(a)(2), (91.7(a), 91.119(c), 91.121, 91.151(b), 91.209(a)(1), 91.403(b), 91.405(a), 91.407(a)(1), 91.409(a)(1), 91.409(a)(2), 91.417(a), 91.417(b), 137.19(c), 137.19(d), E 137.19(e)(2)(ii), 137.19(e)(2)(iii), 137.19(e)(2)(v), 137.31(a), 137.31(b),137.33(a), 137.33(b), 137.41(c), and 137.42 to the extent necessary to allow the petitioner to operate any UAS found on the List of Approved Agricultural UAS under Section 44807 for the provision of commercial agricultural-related services, subject to the following conditions and limitations. Conditions and Limitations In this grant of exemption, the petitioner is hereinafter referred to as “the Operator” or “Exemption Holder.”

  1. This exemption is non-transferrable. Only the approved petitioner, may conduct operations in accordance with this exemption.
  2. The Operator must obtain an agricultural aircraft operator certificate under Part 137 by submitting FAA Form 8710-3 (copy enclosed) and the Operator’s exemption number to UAS137Certificates@faa.gov. Please note, the name of person or entity on the 8710-3 application must match the Exemption Holder’s name.
  3. Prior to operations under 14 CFR Part 137, the Operator may conduct training flights, proficiency flights, experience-building flights, and maintenance functional test flights under this exemption with the understanding that the Operator is conducting these flights for the purpose of obtaining a Part 137 agricultural aircraft operator certificate.
  4. Operations authorized by this grant of exemption include any unmanned aircraft system (UAS), along with the approved maximum take-off weight (MTOW) weight, which includes payload, for the respective UAS identified on the List of Approved Agricultural UAS under Section 44807 at regulatory docket FAA-2023-1271 at www.regulations.gov, when weighing 55 pounds (lbs.) or greater including payload. Proposed operations of any aircraft not on the list, or at different weights than currently approved, will require a new petition or a petition to amend this exemption.
  5. This exemption does not excuse the Operator from complying with 14 CFR Part 375. If operations under this exemption involve the use of foreign civil aircraft, the Operator must obtain a Foreign Aircraft Permit pursuant to 14 CFR § 375.41 before conducting any operations under this exemption. Application instructions are specified in 14 CFR § 375.43.
  6. The unmanned aircraft (UA) may not be operated at a groundspeed exceeding 30 miles per hour or at a speed greater than the maximum operating speed recommended by the aircraft manufacturer, whichever is lower.
  7. All operations must be conducted in accordance with an Air Traffic Organization (ATO) issued Certificate of Waiver or Authorization (COA). A copy of the blanket 49 U.S.C. § 44807 COA is enclosed with this exemption. The Exemption Holder must apply for a new or amended COA if it intends to conduct operations that cannot be conducted under the terms of the enclosed COA. If a conflict exists between the COA and this condition, the more restrictive provision will apply. The COA will also require the Operator to request a Notice to Air Missions (NOTAM) not more than 72 hours in advance, but not less than 24 hours prior to each operation. Unless the COA or other subsequently issued FAA authorization specifies an altitude restriction lower than 200 feet above ground level (AGL), operations under this exemption may not exceed 200 feet AGL. Altitude must be reported in feet AGL.
  8. The pilot In command (PIC) must be designated before the flight and cannot transfer their designation for the duration of the flight. In all situations, the Operator and the PIC are responsible for the safety of the operation. The Operator must ensure the PIC follows all applicable conditions and limitations as prescribed in this exemption and ATO-issued COA and operating in accordance with the operating documents as defined in the conditions and limitations in this exemption. The UA must be operated within visual line of sight (VLOS) of the PIC at all times. If the PIC is unable to maintain VLOS with the UA during flight, (including if caused by the inadvertent loss of night vision) the entire flight operation must be terminated as soon as practicable. The PIC must 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.
  9. The PIC may manipulate flight controls in the operation of no more than three UA at the same time. Proposed operation of more than three UA at the same time (by one PIC) requires a new petition or a petition to amend this exemption.
  10. Unless otherwise authorized by the Administrator, the Ground Control Station (GCS) and software must be designed for, and compatible with, the UAS to be operated. The GCS must clearly display and identify each UAS being operated by the PIC.
  11. Operations of multiple UAS by a single PIC must be automated and have a back-up remote control for each UAS being operated. The autopilot system must maintain UAS separation without input from the PIC.
  12. All operations may optionally utilize the services of at least one or more visual observers (VO). If utilized, the VO must be trained in accordance with the Operator’s training program.

    The UA must be operated within VLOS of both the PIC and VO (if used) at all times. The VO (if used) must have no collateral duties and is not the PIC during the flight. The VO may be used to satisfy the VLOS requirement as long as the PIC always maintains VLOS capability. The VO (if used) and PIC must be able to communicate verbally at all times; electronic messaging or texting is not permitted during flight operations. The VO (if used) must maintain visual sight of the aircraft at all times during flight operations without distraction. The PIC must ensure that the VO can perform the duties required of the VO. If either the PIC or a VO (if used) is unable to maintain VLOS with the UA during flight, (including if caused by the inadvertent loss of night vision) the entire flight operation must be terminated as soon as practicable.

    For purposes of this condition, a VO is someone:
  1. Who maintains effective communication with the PIC at all times;
  2. Who the PIC ensures is able to see the UA with human vision as described in Condition and Limitation No. 8; and
  3. Coordinates with the PIC to scan the airspace where the UA is operating for any potential collision hazard and maintain awareness of the position of the UA through direct visual observation.
  1. If a VO is not utilized, the PIC must maintain VLOS with the UA during the entire flight operation. Additional support personnel may be used to conduct UA inspections, and servicing, such as changing batteries and refilling or exchanging hoppers. Additional support personnel are not considered to be performing the function of a VO; however, their use is encouraged to ensure the PIC is not distracted with non-essential duties during flight.
  2. 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.

    These operating documents must be accessible during all UAS operations that occur under this exemption and made available to the Administrator or any law enforcement official upon request. If a discrepancy exists between the conditions and limitations in this exemption and the procedures outlined in the operating documents, the conditions and limitations herein take precedence and must be followed. Otherwise, the Operator must follow the procedures as outlined in its operating documents.

    At a minimum, the operating documents must include:
  1. The Operator’s operations manual;
  2. The Operator’s training program;
  3. The manufacturer’s provided flight manual;
  4. All other manufacturer UAS provided documents;
  5. This exemption; and f. Any ATO-issued COA that applies to operations under this exemption.
  1. The Operator must have and keep current a comprehensive operations Manual that is tailored for their proposed operation and contain, at a minimum:
  1. Operations policies, methods, and procedures that address Safety Risk Management (SRM);
  2. Adverse weather;
  3. Flight planning;
  4. NOTAM;
  5. Aircraft inspection;
  6. Preflight duties and post-flight duties;
  7. Normal and emergency flight procedures;
  8. Crew Resource Management (CRM) and communications,
  9. Crewmember responsibilities;
  10. Accident reporting;
  11. Hazardous material (HAZMAT) handling and stowage;
  12. UAS maintenance;
  13. Operation at Night (if operating at night);
  14. Multi-UAS Operation (if operating multi-UAS);
  15. Multi-UAS Operation at Night (if operating multi-UAS at Night); and
  16. Operation without a VO (if operating without a VO).
  1. The Operator must have and keep current a comprehensive crewmember training program that is tailored for their proposed operation and contain, at a minimum:
  1. Knowledge requirements of 14 CFR § 137.19(e)(1),
  2. Initial and recurrent training;
  3. Testing;
  4. Completion standards;
  5. Ground training;
  6. Site surveying;
  7. Flight training;
  8. Normal and emergency procedures;
  9. UAS operating limitations;
  10. Lost-link procedures;
  11. Multi-UAS;
  12. Any ATO-issued COA that applies to operations under this exemption;
  13. HAZMAT handling and stowage;
  14. Operation at Night (if operating at night), the Training Program must include:
  1. Elements to ensure crewmembers are personally prepared for night operation, with a focus on eyesight preparation and fatigue;
  2. Emphasis on the preparation of the ground station and landing location, ensuring it is as well-lit as possible, without hindering the PIC’s night vision; and
  3. Satisfactory functional checks of the aircraft lights.
  1. Multi-UAS Operation (if operating Multi-UAS), the Training Program must include:
  1. Satisfactory pre-flight inspection of the GCS and operating area to ensure that three UAS can operate and land safely.
  1. Multi-UAS Operation at Night (if operating multi-UAS at night), the Training Program must include:
  1. o Satisfactory pre-flight inspection of the GCS and operating area to ensure that three UAS can operate and land safely; and
  2. Satisfactory pre-flight checks to ensure the aircraft identification lights distinguish each UAS individually.
  1. Operation without a VO (if operating without a VO), the Training Program must include: o All roles and responsibilities of the VO to be assumed and conducted by the PIC.
  1. Any aircraft 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 (if used) and other personnel required to conduct the functional flight test (such as a mechanic or technician) 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
  2. The Operator is responsible for maintaining and inspecting all aircraft to be used in the operation and ensuring that they are all in a condition for safe operation
  3. Prior to each flight, the PIC must conduct a pre-flight inspection and determine the aircraft is in a condition for safe flight. The pre-flight inspection must account for all potential discrepancies, such as 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 aircraft is found to be in a condition for safe flight.
  4. The Operator must follow the UAS manufacturer’s operating limitations, maintenance instructions, service bulletins, overhaul, replacement, inspection, and life-limit requirements for the UAS and UAS components. Each UAS operated under this exemption must comply with all manufacturers’ safety bulletins. Maintenance must be performed by individuals who have been trained by the Operator in proper techniques and procedures for these UAS. All maintenance must be recorded in the UAS records including a brief description of the work performed, date of completion, and the name of the person performing the work.
  5. A PIC must hold a current remote pilot certificate with a small UAS rating issued under Part 107. The PIC must meet the requirements of Section 107.65, Aeronautical knowledge recency. 22. For night operations, the PIC must not have any night operating limitations on their FAA issued airman medical certificate, nor any medical condition which interferes with night vision and must be able to perceive those colors necessary to correctly distinguish the UA’s position and orientation at night.
  6. The PIC must also hold at least a current FAA third-class airman medical certificate. The PIC may not conduct the operation if the PIC knows or has reason to know of any medical condition that would make the PIC unable to meet the requirements for at least a third class medical airman medical certificate or is taking medication or receiving treatment for a medical condition that results in the PIC being unable to meet the requirements for at least a third-class medical certificate. A VO (if used) or any other direct participant may not participate in the operation if they know or have reason to know of any physical or mental condition that would interfere with the safe operation of the UAS.
  7. The PIC must satisfactorily complete the Operator’s training program requirements, as described in the training manual; and satisfactorily complete the applicable knowledge and skills requirements for agricultural aircraft operations outlined in Part 137, with the exception of Sections 137.19(e)(2)(ii), 137.19(e)(2)(iii), and 137.19(e)(2)(v), which are not required for the purposes of meeting this condition. The operator or chief supervisor’s knowledge and skill tests of 14 CFR § 137.19(e) may be self-administered. Documentation of satisfactory completion of both the training program and the knowledge and skill tests of Section 137.19(e) must include the date of the test, as well as the PIC’s name, FAA pilot certificate number, and legal signature. This documentation must be provided to the FAA upon request.
  8. PIC qualification flight hours and currency may be logged in a manner consistent with 14 CFR § 61.51(b). However, time logged for UAS operations may not be recorded in the same columns or categories as time accrued during manned flight, and UAS flight time does not count toward total flight time required for any Part 61 requirement.
  9. When operating without a VO, the PIC will remain at the ground station at all times while any UAS is in the air. The PIC will not leave the ground station to load or service a UAS on the ground while any UAS is in the air. When operating without a VO, the PIC must land all three UAS before proceeding to load or service.
  10. All training operations must be conducted during dedicated training sessions in accordance with the Operator’s training program. The Operator may conduct training operations only for the Operator’s employees. Furthermore, the PIC must operate the UA not closer than 500 feet to any nonparticipating person while conducting training operations. Training, individually and combined, is required for night, multiple UAS by a single PIC, and operations without a VO.
  11. The VO (if used) must not have any medical condition which interferes with night vision and must be able to perceive those colors necessary to correctly distinguish the UA’s position and orientation at night.
  12. For night operations, the VO (if used) must have completed the night training portion of the Operator’s training program requirements, the completion of which must be documented.
  13. UAS operations may be conducted during night, as defined in 14 CFR § 1.1. All operations must be conducted under visual meteorological conditions (VMC). Operations may not be conducted under special visual flight rules (SVFR). Night operations require anti-collision lighting that is visible for 3 statute miles and has a flash rate sufficient to avoid a collision as is consistent with 14 CFR § 107.29(b). The aircraft must also be equipped with continuously illuminated identification lighting. a. For multi-UAS operation at night, the UAS must incorporate position lights configured to match each UAS’s color displayed in the ground station software.
  14. For night operations, the area of operation must be sufficiently illuminated to allow both the remote PIC and VO (if used) to identify people or obstacles on the ground, or the PIC must have inspected the operating area in person during daylight hours in order to assess all potential hazards and develop a plan to avoid these hazards.
  15. For night operations, the PIC must verify all aircraft lights are fully functional prior to each operation. Should the lighting system become inoperative, the night operation must cease immediately.
  16. 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.
  17. For UAS operations where a global navigation satellite system (GNSS) signal is necessary to safely operate the aircraft, the PIC must immediately recover or land the UA upon loss of GNSS signal.
  18. An individual system failure must not interfere with the operation of other UAS or cause incidents, accidents, or loss of control involving UAS that are the subject of this exemption.
  19. If the PIC loses command or control link, the UA must follow a pre-determined route to either reestablish link or immediately recover or land.
  20. The UAS must be equipped with a flight termination system. Prior to operations subject to this exemption, the flight termination system must be tested and verified to operate as described in the operating documents.
  21. The PIC must abort the flight operation if unexpected circumstances or emergencies arise that could degrade the safety of persons or property. The PIC must terminate flight operations without causing undue hazard to persons or property in the air or on the surface.
  22. The PIC is prohibited from beginning a flight unless (considering wind and forecast weather conditions) there is enough available power for each aircraft involved in the operation to conduct the intended operation with sufficient reserve such that in the event of an emergency, the PIC can land the aircraft in a known area without posing an undue risk to aircraft or people and property on the surface. In the alternative, if the manufacturer’s manual, specifications, or other documents that apply to the operation of the UAS recommend a specific volume of reserve power, the PIC must adhere to the manufacturer’s recommendation, as long as it allows the aircraft to conduct the operation with sufficient reserve and maintain power to land the aircraft in a known area without presenting undue risks, should an emergency arise.
  23. Documents used by the Operator to ensure the safe operation and flight of the UAS and any documents required under 14 CFR §§ 91.9, 91.203, and 137.33 must be available to the PIC at the GCS of the UAS any time any UA operates in accordance with this exemption. 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 persons who are not directly participating in the operation, and from vessels, vehicles, and structures, unless when operating:
  1. Over or near people directly participating in the operation of the UAS. No person may operate the UAS directly over a human being unless that human being is directly participating in the operation of the UAS, to include the PIC, VO (if used) and other personnel who are directly participating in the safe operation of the UA.
  2. Near nonparticipating persons. Except as provided in subsection (a) of this section, a UA may only be operated closer than 500 feet to a person when barriers or structures are present that sufficiently protect that person from the UA and/or debris or hazardous materials such as fuel or chemicals in the event of an accident. Under these conditions, the Operator must ensure that the person remains under such protection for the duration of the operation. If a situation arises, in which the person leaves such protection and is within 500 feet of the UA, flight operations must cease immediately in a manner that does not cause undue hazard to persons.
  3. Closer than 500 feet to vessels, vehicles and structures. The UA may be operated closer than 500 feet, but not less than 100 feet, from vessels, vehicles, and structures under the following conditions:
  1. The UAS is equipped with an active geo-fence boundary, set no closer than 100 feet to applicable waterways, roadways, or structures;
  2. The PIC must have a minimum of 7 hours’ experience operating the specific make and model UAS authorized under this exemption, at least 3 hours of which must be acquired within the preceding 12 calendar months;
  3. The PIC must have a minimum of 25 hours’ experience as a PIC in dispensing agricultural materials or chemicals from a UA;
  4. The UA may not be operated at a groundspeed exceeding 15 miles per hour;
  5. The UA altitude may not exceed 20 feet AGL; and
  6. The PIC must make a safety assessment of the risk of operating closer than 500 feet from those objects and determine that it does not present an undue hazard.
  1. Closer than 100 feet from vessels, vehicles and structures. The UA may operate closer than 100 feet from vessels, vehicles, and structures in accordance with the conditions listed in 43.c. (2) through (6) and the following additional conditions:
  1. The UAS is equipped with an active geo-fence boundary, set to avoid the applicable waterways, roadways, or structures; and
  2. The Operator must obtain permission from a person with the legal authority over any vessels, vehicles or structures prior to conducting operations closer than 100 feet from those objects.
  1. The PIC or a VO must be able to determine the aircraft’s altitude, attitude, and direction of flight at all times at the GCS or have an attitude threshold limit alert that must be operable prior to night flight operations.
  2. All operations shall be conducted from and over predetermined, uninhabited, segregated, private or controlled-access property as described in the Operator’s Flight Operations Procedures Manual. The PIC must ensure the entire operational area will be controlled to reduce risk to persons and property on the ground, as well as other users of the National Airspace System (NAS). This area of operation will include a defined lateral and vertical area where the aircraft will operate and must be geo-fenced to prevent any lateral and vertical excursions by the operating aircraft. Safety procedures must be established for persons, property and applicable airspace within the area of operation. A briefing must be conducted regarding the planned UAS operations prior to operation at each location of operation in which the Operator has not previously conducted agricultural aircraft operations. All personnel who will be performing duties within the boundaries of the area of operation must be present for this briefing. Additionally, all operations conducted under this exemption may only occur in areas of operation that have been physically examined by the Operator prior to conducting agricultural aircraft operations and in accordance with the associated COA.
  3. 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 within 24 hours as required by the applicable COA issued by the FAA ATO. Additionally, any incident or accident that occurs, or any flight operation that transgresses the lateral or vertical boundaries of the operational work area, must be reported to 137 UAS Operations Office at UAS137Certificates@faa.gov.

Failure to comply with any of the above conditions and limitations may result in the immediate suspension or rescission of this exemption.

Unless otherwise specified in this grant of exemption, the UAS, PIC, and the Operator must comply with all applicable parts of 14 CFR including, but not limited to, Parts 45, 47, 91, and 38. In addition, the Operator must comply with all limitations and provisions of the Operator’s agricultural aircraft operator certificate, which the Operator must obtain prior to conducting agricultural operations in accordance with 14 CFR § 137.11.

Reasons why the petitioner is seeking relief from the regulations and why the exemptions would provide an equivalent level of safety.

49 U.S.C § 44807

The Special Authority for Certain Unmanned Systems (49 U.S.C. § 44807) grants the Secretary of Transportation the authority to use a risk-based approach to determine whether an airworthiness certificate is required for a drone to operate safely in the NAS. Under this authority, the Secretary may grant exemptions to the applicable operating rules, aircraft requirements, and pilot requirements for a specific operation on a case-by-case basis. The Special Authority for Certain Unmanned Systems (49 U.S.C. § 44807) grants UAS operators safe and legal entry into the NAS upon consideration of its size, weight, speed, operational capability, proximity to airports and populated areas, and operation within visual line of sight. The FAA further may find that the UAS does not require “airworthiness certification under section 44704 of title 49, United States Code.”

49 U.S.C. § 44701

The FAA is further authorized to grant exemptions from its safety regulations and minimum standards under 49 U.S.C. § 44701 (“Section 44701”) “if the Administrator finds the exemption is in the public interest.” Section 44701(f) (authorizing the grant of exemptions from safety regulations and minimum standards under Section 44701(a) and (b) and Sections 44702-44716). Under 49 U.S.C. § 44701(f), the “Administrator may grant an exemption from a requirement of a regulation prescribed under subsection (a) or (b) of this section or any of sections 44702-44716 of Title 49 if the Administrator finds the exemption is in the public interest.”

For the reasons addressed herein, this Petition qualifies for expedited approval of Petitioner’s request for exemption under both 49 U.S.C § 44807 and 49 U.S.C § 44701.

14 C.F.R. Part 61: Pilot Certification

14 C.F.R. § 61.3 (a)(1)(i) Requirement for certificates, ratings, and authorizations.

61.3(a) says, “Required pilot certificate for operating a civil aircraft of the United States. No person may serve as a required pilot flight crewmember of a civil aircraft of the United States, unless that person:(1) Has in the person's physical possession or readily accessible in the aircraft when exercising the privileges of that pilot certificate or authorization— (i) A pilot certificate issued under this part and in accordance with §61.19” Unfortunately, 61.19 does not list a remote pilot certificate; therefore, to comply with 61.3 it would require the pilot to obtain a Part 61 pilot certificate which would be burdensome. Furthermore, this petition should be granted because the FAA in Exemption # 18009 (allowing a remote pilot certificate for a Part 91 drone spraying operations) stated, “Based on the specific requirements imposed by the remote pilot in command certificate, the petitioner’s hiring, training and testing protocols, the knowledge and

skill requirements in § 137.19, the remote, controlled locations and extremely low altitude operating environment, the FAA concludes pilots who hold a remote pilot in command certificate can safely conduct the proposed operations.” Likewise, the operators training manual, knowledge and skill requirement of 137.19, extremely low altitude operations, and the use of a current remote pilot would provide an equivalent level of safety as the regulations.

14 C.F.R. Part 91: Aircraft System

14 C.F.R. § 91.7(a) Civil aircraft airworthiness.

The operator is requesting relief from this regulation because the proposed unmanned aircraft have not been issued a standard airworthiness certificate. Section 91.7 paragraph (a) requires the PIC to only operate aircraft in an airworthy condition.

The FAA does not need to issue an airworthiness certificate for the proposed unmanned aircraft, but the DOT can under its authority, in Section 44807, determine whether the proposed aircraft need airworthiness certificates or not.

The FAA has previously granted relief from 91.7(a) for 55 pounds and heavier spraying unmanned aircraft (see Exemption # 18009) and determined that restrictions like our proposed restrictions provided an equivalent level of safety as the regulations. The proposed restrictions along with associated manuals that have been confidentially submitted will provide an equivalent level of safety as the regulations.

14 C.F.R. § 91.119(c) Minimum safe altitudes: General.

91.119(c) says, “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.” This would be burdensome to not allow the operation of the aircraft within 500ft of the crew. An equivalent level of safety can be provided by requiring the aircraft to maintain a safe distance from people and property according to proposed restriction 31. Furthermore, proposed restriction 31 has been determined by the FAA to be safe in Exemption # 19037B for 55 pounds and heavier drone spraying operations. Based upon the proposed restriction and the submitted supporting documents, an equivalent level of safety can be achieved.

14 C.F.R. § 91.121 Altimeter settings.

Section 91.121 requires each person operating an aircraft without a radio to maintain cruising altitude by reference to a barometric altimeter that is set “to the elevation of the departure airport or an appropriate altimeter setting available before departure.”

In Exemption 18009, the FAA determined that because of the limited altitude of the drone spraying operations, using GPS instead of a barometric altimeter is considered safe. Based upon the proposed restriction and the submitted supporting documents, an equivalent level of safety can be achieved.

14 C.F.R. § 91.151(b) Fuel requirements for flight in VFR conditions.

91.151(b) says, “No person may begin a flight in a rotorcraft 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, to fly after that for at least 30 minutes.” It would be burdensome to comply with this regulation seeing that there are no people onboard, the operational environment, and the small size of the aircraft. The proposed restriction 27 is identical to the restriction in Exemption 19037B. The FAA previously determined this to be an equivalent level of safety as 91.151(b).

14 C.F.R. § 91.403(b); § 91.405(a); § 91.407(a)(1); § 91.409(a)(1) and (2); § 91.417(a) and (b) Maintenance Inspections

Section 91.403(b) says, “No person may perform maintenance, preventive maintenance, or alterations on an aircraft other than as prescribed in this subpart and other applicable regulations, including part 43 of this chapter.” Section 91.405 paragraph (a) requires that an aircraft operator or owner “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 maintain the aircraft in compliance with Part 43. Section 91.407 paragraph (a)(1) prohibits, in pertinent part, any person

from operating an aircraft that has undergone maintenance, preventive maintenance, rebuilding, or alteration unless it has been approved for return to service by a person authorized under § 43.7 of the same chapter. Section 91.409 paragraph (a)(1) requires that the aircraft cannot be operated unless it has had an annual inspection. Section 91.417 paragraphs (a) and (b) requires the owner/operator to keep a list of records of inspections required by the other regulations.

These regulations primarily should be viewed as a whole in that they are requiring the owner/operator to maintain/repair the aircraft having a U.S. airworthiness certificate while maintaining records of this, using Part 43 and certified individuals. While this makes sense for manned aircraft that are certified, it does not always make sense for unmanned aircraft which do not have airworthiness certificates. The aircraft manufacturer and operators are best positioned for determining the airworthiness of the aircraft. The petitioner proposes that the supporting operating documents confidentially submitted and proposed restrictions will provide an equivalent level of safety as the regulations listed.

Section 91.403 paragraph (b) says, “No person may perform maintenance, preventive maintenance, or alterations on an aircraft other than as prescribed in this subpart and other applicable regulations, including part 43 of this chapter.” It logically follows that if an exemption from 91.405 (a); 91.407 (a) (1); 91.409 (a)(1); 91.417(a) & (b) is granted, 91.403(b) which references all these regulations, because they are in Subpart E of Part 91, it must be exempted also; otherwise, 91.403(b) works against the exemption and revives the restrictions just exempted. The FAA granted an exemption from this regulation in Exemption 19037B.

14 C.F.R. Part 137: Certification Requirements

14 C.F.R. § 137.19(c), 137.41(c) Pilot in Command.

Section 137.19 paragraph (c) says, “Commercial operator—pilots. The applicant must have available the services of at least one person who holds a current U.S. commercial or airline transport pilot certificate and who is properly rated for the aircraft to be used. The applicant himself may be the person available.” These regulations are extremely burdensome and unnecessary. As found in the previously granted exemptions (e.g., Exemption # 19037B), an equivalent level of safety of the regulations can be achieved by requiring a remote pilot certificate,

operations to be done in accord with Part 91 & 137, an agricultural aircraft operations certification be obtained prior to operations, and the proposed restrictions in this exemption.

14 C.F.R. § 137.19(d) Aircraft and 137.31(a) Aircraft requirements.

Section 137.19 paragraph (d) says, “The applicant must have at least one certificated and airworthy aircraft, equipped for agricultural operation.” The proposed unmanned aircraft does not have any aircraft certification and it would be extremely burdensome to obtain certification for the aircraft. If 137.19(d) is exempted, it follows that 137.31(a) must logically be exempted since it requires meeting the requirements in 137.19(d).

An equivalent level of safety can be achieved by operating according to the proposed restrictions which were already approved in FAA in Exemption #19037B as providing an equivalent level of safety of 137.19(d). The requirements contained in the manuals, the requirement in Part 91 for the pilot to conduct pre-flight inspections of the aircraft, and the requirement of the agricultural aircraft operator certificate be obtained prior to flight will be in total sufficient for determining the airworthiness of the aircraft which provides an equivalent level of safety as the regulations for agricultural aircraft operations. Furthermore, because these UA are very limited in size and will carry a small chemical payload and operate only in restricted areas for limited periods of time, the risk to the public is lower. Moreover, the Petitioner is the one best suited to maintain the aircraft in an airworthy condition to provide the equivalent level of safety as the regulations.

14 C.F.R. § 137.19(e)(2)(ii)—(v) Skills Test.

Section 137.19 paragraphs (e)(2)(ii)-(v) are unnecessary and not applicable for the unmanned aircraft. As the FAA stated in Exemption 17261, “the FAA has determined that demonstration of the skills described in these paragraphs is not necessary because they are not compatible or applicable to” agricultural aircraft operations with multi-rotor unmanned aircraft. Furthermore, in Exemption 18009 the FAA stated, “Granting relief from a demonstration of the skills described in § 137.19(e)(2)(ii), (iii), and (v) does not adversely impact safety because of the operations . . . under this exemption would not include any exercise of those maneuvers.”

An equivalent level of safety can be obtained by requiring the pilot to have a valid remote pilot certificate, requiring the Petitioner to obtain, prior to operations, an agricultural aircraft operations certificate, and requiring that operations must be done under the proposed restrictions of this petition.

14 C.F.R. § 137.31 (b) and 137.42 Safety Belts and Shoulder Harnesses.

Section 137.31(b) says that the unmanned aircraft must be “equipped with a suitable and properly installed shoulder harness for use by each pilot.” Section 137.42 says, “No person may operate an aircraft in operations required to be conducted under part 137 without a safety belt and shoulder harness properly secured about that person except that the shoulder harness need not be fastened if that person would be unable to perform required duties with the shoulder harness fastened.”

This regulation is designed to protect people on board the aircraft. Since there are no people on board, whether we follow it or not, the impact on safety is the same. However, because the law requires it, we require an exemption from these regulations. Therefore, an equivalent level of safety can be achieved by flying under the proposed restrictions herein. Consistent with previous exemptions (e.g. Exemption No. 19037B) from the FAA, an equivalent level of safety can be achieved operating under the proposed restrictions above.

14 C.F.R. § 137.33 Carrying of Certificate.

Section 137.33 paragraph (a) requires the agricultural aircraft operator certificate be carried on the aircraft. Additionally, paragraph (b) requires the airworthiness certificates to be available for inspection at the base.

A similar situation was addressed in the FAA legal opinion letter “we find that the intent of these regulations is met if the pilot of the unmanned aircraft has access to these documents at the control station from which he or she is operating the aircraft.”

Likewise, the Petitioner proposes to keep the agricultural aircraft operator certificate and registration all at the ground station. These documents can be available for inspection by the FAA or law enforcement. This all provides an equivalent level of safety to the regulations.

Additionally, the Petitioner needs relief from paragraph (b) because the unmanned aircraft does not have airworthiness certificates and it would be extremely burdensome to acquire an airworthiness certificate in order to comply with this paragraph of the regulation. An equivalent level of safety can be reached by requiring the remote pilot to obtain an agricultural aircraft operator certificate prior to operations and conducting pre-flight inspections.

14 C.F.R. § 137.41(c) Pilot in Command.

Section 137.41 paragraph (c) says, “No person may act as pilot in command of an aircraft unless he holds a pilot certificate and rating prescribed by §137.19 (b) or (c), as appropriate to the type of operation conducted. In addition, he must demonstrate to the holder of the Agricultural Aircraft Operator Certificate conducting the operation that he has met the knowledge and skill requirements of §137.19(e). If the holder of that certificate has designated a person under §137.19(e) to supervise his agricultural aircraft operations the demonstration must be made to the person so designated.”

An exemption is needed from this regulation based upon the same reasons listed above for Section 137.19 (c) and for Section 137.19(e)(2)(ii)-(v). An equivalent level of safety can be provided by the proposed restrictions listed herein that have already been determined by the FAA in Exemption 19037B to provide an equivalent level of safety as the regulations. Additionally, all pilots in command will have had to obtain a remote pilot certificate and will have passed company training.

Reasons Why Granting this Petition Would be in the Public Interest

Advancements in unmanned aircraft technologies have introduced many UAS-based applications which are safer, more efficient, and more economical than the traditional manned aircraft operations. Traditional agricultural aircraft operations are conducted with manned aircraft, weighing thousands of pounds, and carrying significant quantities of fuel. Battery powered, unmanned aircraft, weighing up to 500 pounds, and flying 20 feet off the ground present a far reduced fire hazard and much less impact energy in the event of an incident or accident, when compared to manned agricultural aircraft operations.

Applications by manned aircraft for agriculture carry significant risks of fatality. This was such a concern that in 2014 the National Transportation and Safety Board commissioned a report to understand root causes. The enhanced safety achieved using an unmanned aircraft with the specifications described in this petition, as opposed to the much larger, manned aircraft carrying fuel and crew or passengers, is safer and exposes workers and other people on the ground to significantly less risk. The Operator can make applications at a lower cost and better timing.

Manned airplanes and helicopters produce significant noise pollution that disrupts the public’s ability to enjoy both private and public property. UAS are much quieter and will not disrupt the public as much as manned aircraft; thus, the benefit will be recognized as a reduction in noise pollution. Pesticides being sprayed from high elevations can be picked up by the wind and carried for miles. By flying at a lower altitude (6-12 m), and by never leaving the customer’s sight, there is a significantly reduced chance of pesticides (“driftable fines”) being accidentally sprayed in the wrong area. With manned aircraft and helicopters, this can happen in several ways:

Pilot error or map misinterpretation enroute to the site, pesticides being picked up by the wind and blown onto neighboring property affecting commercial cropland and residential areas, and equipment malfunction.

Operations under this petition will be conducted in a sterilized operating area, only accessible to the PIC, VO, and crew. Additionally, the PIC, VO, and crew will be remotely located from the aircraft and will stay outside the designated safe zone while operating. These safety measures aim to eliminate risk to personnel by ensuring no one is ever close enough to the UAS so that it would pose a hazard.

Federal Register Summary

As required by 14 C.F.R. Part 11, below is a summary of the petition to be published in the Federal Register should it be determined that publishing is needed.

Petitioner seeks an exemption from the following rules in Title 14 of the Code of Federal Regulations:

61.3 (a)(1)(i), 61.3(c)(1), 61.23(a)(2), 91.7(a), 91.119(c), 91.121, 91.151(b), 91.209(a)(1), 91.403(b), 91.405(a), 91.407(a)(1), 91.409(a)(1), 91.409(a)(2), 91.417(a) 91.417(b), 137.19(c), 137.19(d), 137.19(e)(2)(ii), 137.19(e)(2)(iii), 137.19(e)(2)(v), 137.31(a), 137.31(b), 137.33(a), 137.33(b), 137.41(c), 137.42.

The petitioner requests an exemption for the purpose of operating Unmanned Aircraft Systems (UAS) weighing 55 pounds or more, to provide commercial agricultural-related services in the United States.

Conclusion

The operation of {{LegalName}} using the unmanned aircraft for agricultural aircraft operations, conducted under the proposed restrictions outlined above, will provide an equivalent level of safety therefore, this petition should be granted without delay.