UNITED STATES OF AMERICA 

DEPARTMENT OF TRANSPORTATION 

FEDERAL AVIATION ADMINISTRATION 

WASHINGTON, DC

Regulatory Docket No. _______________

IN THE MATTER OF THE PETITION FOR EXEMPTION OF:

GROWMARK

FOR AN EXEMPTION SEEKING RELIEF FROM THE REQUIREMENTS OF 

TITLE 14 OF THE CODE OF FEDERAL REGULATIONS

SECTIONS 45.27 (a), 61.113(a) & (b), 91.7(a), 91.105, 91.119 (c), 91.121, 91.151(b), 

91.405(a), 91.407(a)(1), 91.409(a)(1) & (a)(2), AND 91.417(a) & (b) CONCERNING 

COMMERCIAL OPERATION OF DJI PHANTOM SERIES, ROBOFLIGHT RF70 AND PRECISIONHAWK LANCASTER HAWKEYE UNMANNED AIRCRAFT 

SYSTEMS

PURSUANT TO SECTION 333 OF

THE FAA MODERNIZATION AND REFORM ACT OF 2012 

(PUBLIC LAW 112-95)

Re: Request for Exemption under Section 333 of the FAA Modernization and Reform Act and 

Part 11 of the Federal Aviation Regulations from 14 C.F.R. 45.27 (a), 61.113(a) & (b), 91.7(a), 

91.105, 91.119 (c), 91.121, 91.151(b), 91.405(a), 91.407(a)(1), 91.409(a)(1) & (a)(2), and

91.417(a) & (b).

Submitted on June 15, 2015 

Dan Maggart for GROWMARK

1701 Towanda Avenue

Bloomington, IL 61702

Tel: (217) 480-5207
2

TABLE OF CONTENTS

Page 

GLOSSARY OF ABBREVIATIONS...................................................................................3 

SUMMARY...........................................................................................................................4 

INTRODUCTION AND INTERESTS OF PETITIONER....................................................4 

BACKGROUND....................................................................................................................5

BASIS FOR PETITION.........................................................................................................5

NAME AND ADDRESS OF PETITIONER.............................................................7

THE SPECIFIC SECTIONS OF 14 C.F.R. FROM WHICH GROWMARK SEEKS 

EXEMPTION............................................................................................................8

THE EXTENT OF RELIEF GROWMARK SEEKS AND THE REASON 

GROWMARK SEEKS THE RELIEF..................................................................13

THE REASONS WHY GRANTING GROWMARK’S REQUEST WOULD BE 

IN THE PUBLIC INTEREST ...............................................................................18

THE REASONS WHY GRANTING THE EXEMPTION WOULD NOT 

ADVERSELY AFFECT SAFETY..........................................................................22

SUMMARY THAT CAN BE PUBLISHED IN THE FEDERAL REGISTER......38

ANY ADDITIONAL INFORMATION, VIEWS, OR ARGUMENTS 

AVAILABLE TO SUPPORT GROWMARK’S REQUEST.................................38

CONCLUSION....................................................................................................................39

GLOSSARY OF ABBREVIATIONS
3

AGL Above Ground Level

AOI Area of Interest

ATC Air Traffic Control

ATO Air Traffic Organization

AV Aerial Vehicle

CFR Code of Federal Regulations

COA Certificate of Authorization

FAA Federal Aviation Administration

FAR Federal Aviation Regulation 

GCS Ground Control Station 

GPS Global Positioning System

LOL Loss of Link 

NAS National Airspace System

NOTAM Notice to Airman

PIC Pilot In Command

Section 333 FAA Modernization and Reform Act of 2012 (FMRA) 

Section 333

SO Safety Observer

SOP Standard Operating Procedures

SUAS Small Unmanned Aircraft System

UA Unmanned Aircraft

UAS Unmanned Aircraft System

VFR Visual Flight Rules

VLOS Visual Line of Site

VMC Visual Meteorological Conditions

VO Visual Observer

VTOL Vertical Takeoff and Landing
4

SUMMARY

GROWMARK seeks exemption from the requirements of 14 C.F.R §§ 45.27 (a), 

61.113(a) & (b), 91.7(a), 91.105, 91.119 (c), 91.121, 91.151(b), 91.405(a), 91.407(a)(1), 

91.409(a)(1) & (a)(2), AND 91.417(a) & (b), to operate Unmanned Aircraft Systems 

pursuant to Section 333 of the FAA Modernization and Reform Act of 2012 (FMRA). This 

exemption will permit GROWMARK to operate Unmanned Aircraft Systems (UAS) for 

the commercial purpose of conducting aerial data collection for precision agriculture, 

landscape over certain areas of the United States.

INTRODUCTION AND INTERESTS OF THE PETITIONER

GROWMARK is a regional cooperative providing agronomy, energy, facility 

planning, and logistics products and services, as well as grain marketing and risk 

management services in more than 40 states and Ontario, Canada, serving more than 

250,000 customers. Our mission, to improve the long-term profitability of our memberowners, is reflected in all we do, ultimately allowing America’s farmers to remain 

competitive in a global market, keep costs low for American consumers and help meet an 

ever-growing demand for food as the global population increases. GROWMARK 

employee Daniel Maggart will be pilot In Command of all said UAS. Dan is a Private 

Pilot, and also holds a current 3rd class medical. He has been piloting for over 10 years, 

with over 500 hours and has been active as a radio controlled aviation for over 15 years, 

with a focus of viewing crop patterns. In April, 2014 Dan earned a certification as UAS 

Operator from RoboFlight Systems, LLC, in accordance with operator policy, procedures 

and operation specifications.

The objective of GROWMARK’s aerial data collection operations is to provide

high-quality imaging for a variety of commercial uses, , specifically targeting:

• Inspections Private Structures

• Precision Agriculture
5

• Aerial Photography and Video

• Aerial Acquisition (Mapping)

• Increase public knowledge of UAS and promote safe UAS operations.

BACKGROUND

Unmanned Aircraft Systems: DJI Phantom and Inspire series systems, RoboFlight RF-70 

and PrecisionHawk Lancaster Hawkeye UASs

GROWMARK seeks an exemption to operate DJI Phantom series systems,

RoboFlight RF-70 and PrecisionHawk Lancaster Hawkeye for compensation or hire within 

the NAS. The DJI Phantom series systems, RoboFlight RF-70 and PrecisionHawk 

Lancaster Hawkeye have already received exemptions. The DJI Phantom Series have been 

granted exemptions under Exemption No 11063A for Snap Roll Media, Inc. The 

RoboFlight RF-70 has been approved under Exemption No 11295 granted April 6, 2015 

with RoboFlight. The PrecisionHawk Lancaster Hawkeye has already received an 

exemption, Exemption No 11274 with United States Automobile Association on April 2, 

2015 and San Diego Gas & Electric (SDG&E) Exemption No 11238A on May 7, 2015. 

GROWMARK is requesting a summary grant based upon the approved platforms.

The DJI Phantom Series, RoboFlight RF-70 and PrecisionHawk Lancaster 

Hawkeyes that will be operated by GROWMARK will be registered in accordance with 49 

U.S.C. 44103, Registration of Aircraft, as well as 14 C.F.R Part 47, Aircraft Registration, 

and marked in accordance with 14 C.F.R. Part 45, Identification and Registration Marking.

BASIS FOR PETITION

Petitioner, GROWMARK, pursuant to the provisions of the Federal Aviation 

Regulations (14 C.F.R. § 11.61) and the FAA Modernization and Reform Act of 2012 

(FMRA), Section 333, Special Rules for Certain Unmanned Aircraft Systems, hereby 

petitions the Administrator to commercially operate the DJI Phantom Series, The DJI 

Inspire 1, RoboFlight RF-70 and PrecisionHawk Lancaster Hawkeyes in the National 

Airspace System (NAS), and for an exemption from the requirements of 14 C.F.R §§ 45.27 

(a), 61.113(a) & (b), 91.7(a), 91.105, 91.119 (c), 91.121, 91.151(b), 91.405(a), 

91.407(a)(1), 91.409(a)(1) & (a)(2), AND 91.417(a) & (b).
6

In consideration of the speed, weight, size, and limited operating area associated 

with the unmanned aircraft and its operation, GROWMARK’s operation of DJI Phantom 

Series, The DJI Inspire 1, RoboFlight RF-70 and PrecisionHawk Lancaster Hawkeye 

meets the conditions of FMRA Section 333 and therefore, will not require an airworthiness 

certificate in accordance with 14 C.F.R. Part 21, Subpart H. 

Accordingly, GROWMARK requests relief from Sections 91.405(a), 91.407(a)(1), 

91.409(a)(1) & (a)(2), and 91.417(a) & (b), as these sections set forth requirements for 

maintenance that only apply to aircraft with an airworthiness certificate. 

GROWMARK submits that the requested relief is proper since an equivalent level 

of safety will be ensured. GROWMARK will use experienced personnel or technicians to 

perform maintenance, alterations, or preventive maintenance on the UASs using the 

methods, techniques, and practices prescribed in the operating documents (i.e., DJI 

Phantom Series, The DJI Inspire 1, RoboFlight RF-70 and PrecisionHawk Lancaster 

Hawkeye Instruction Manuals). Furthermore, GROWMARK will document and maintain 

all maintenance records for the DJI Phantom Series, RoboFlight RF-70 and PrecisionHawk 

Lancaster Hawkeye UASs. 

Relief from certain requirements of Section 61.113(a) and (b), entitled Private pilot 

privileges and limitations: Pilot in command, is requested by GROWMARK to the extent 

necessary to allow a Pilot in Command (PIC) holding a sport pilot, recreation pilot, private 

pilot or higher level certificate, as well as an airman medical certificate or valid driver’s 

license, and who has demonstrated, by meeting minimum flight- hour and currency 

requirements, that the PIC is able to safely operate the DJI Phantom Series, The DJI 

Inspire 1, RoboFlight RF-70 and PrecisionHawk Lancaster Hawkeye UASs in a manner 

consistent with this exemption, including evasive and emergency maneuvers and 

maintaining appropriate distances from people, vessels, vehicles and structures unless prior 

coordination and authorization has been given by the FAA. 

GROWMARK seeks relief from Section 91.7(a), entitled Civil aircraft 

airworthiness, because the DJI Phantom Series, The DJI Inspire 1, RoboFlight RF-70 and 

PrecisionHawk Lancaster Hawkeye UASs do not require an airworthiness certificate in 

accordance with 14 C.F.R. Part 21, Subpart H. As such, GROWMARK submits that he

will ensure that the DJI Phantom Series, RoboFlight RF-70 and PrecisionHawk Lancaster 
7

Hawkeye UASs are in an airworthy condition, prior to every flight, by determining that the 

UASs are in compliance with the operating documents (i.e., Monthly Maintenance Log, 

and DJI Phantom Series, The DJI Inspire 1, RoboFlight RF-70 and PrecisionHawk 

Lancaster Hawkeye Instruction Manuals), and that the aircraft are in a condition for safe 

flight. 

GROWMARK also seeks an exemption from the requirements of Section 91.121, 

entitled Altimeter Settings, as the DJI Phantom Series, The DJI Inspire 1, RoboFlight RF70 and PrecisionHawk Lancaster Hawkeye UAs will not have a typical barometric 

altimeter onboard. However, altitude information of the DJI Phantom Series, The DJI 

Inspire 1, RoboFlight RF-70 and PrecisionHawk Lancaster Hawkeye UAs will be provided 

to the PIC via Global Positioning System (GPS) equipment and radio communications 

telemetry data link, which downlinks from the UA to the GCS for active monitoring of the 

flight path. This altitude information, combined with GROWMARK’s operation of the DJI 

Phantom Series, The DJI Inspire 1, RoboFlight RF-70 and PrecisionHawk Lancaster 

Hawkeye UASs within visual line of sight, at or below 500 feet AGL, will ensure a level of 

safety equivalent to Section 91.121. 

Additionally, GROWMARK seeks an exemption from the requirements of Section 

91.151(b), entitled Fuel requirements for flight in VFR conditions. GROWMARK submits 

that safety will not be affected by operation of the DJI Phantom Series, The DJI Inspire 1, 

RoboFlight RF-70 and PrecisionHawk Lancaster Hawkeye UASs during daylight hours in 

visual meteorological conditions (VMC) under visual flight rules (VFR) as 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 5 minutes or with the reserve power recommended by 

the manufacturer if greater.

In accordance with 14 C.F.R. § 11.81, GROWMARK provides the following 

information in support of its petition for exemption:

A. Name And Address Of The Petitioner.

The name and address of the Petitioner and point of contact is:

Dan Maggart for GROWMARK

1701 Towanda Avenue

Bloomington, IL 61702
8

Tel: (217) 480-5207

Email: dmaggart@growmark.com

B. The Specific Sections Of 14 C.F.R. From Which GROWMARK Seeks Exemption. 

1. GROWMARK Seeks Exemption From The Requirements Of Section 

45.27(a).

Section 45.27(a), entitled Location of marks; non fixed-wing aircraft, subsection (a) 

prescribe the following with respect to lettering:

(a) Rotorcraft. Each operator of a rotorcraft must display on that rotorcraft 

horizontally on both surfaces of the cabin, fuselage, boom, or tail the marks 

required by Section 45.23.

2. GROWMARK Seeks Exemption From The Requirements Of Section 

61.113(a) And (b). 

Section 61.113, entitled Private pilot privileges and limitations: Pilot in command,

subsections (a) and (b) prescribe the following, in relevant part: 

(a) No person who holds a private pilot certificate may act as a pilot in 

command (PIC) of an aircraft that is carrying passengers or property for 

compensation or hire; nor may that person, for compensation or hire, act as PIC 

of an aircraft. 

(b) A private pilot may, for compensation or hire, act as PIC of an aircraft in 

connection with any business or employment if—

(1) The flight is only incidental to that business or employment; and 

(2) The aircraft does not carry passengers or property for 

compensation or hire. 

3. GROWMARK Exemption From The Requirements Of Section 91.7(a).
9

Section 91.7, entitled Civil aircraft airworthiness, subsection (a), states the 

following: 

(a) No person may operate a civil aircraft unless it is in an airworthy 

condition. 

4. GROWMARK Exemption From The Requirements Of Section 91.105.

Section 91.105, entitled Flight crewmember at station, states the following:

(a) During takeoff and landing, and while en route, each required flight 

crewmember shall-

(1) Be at the crewmember station unless the absence is necessary to 

perform duties in connection with the operation of the aircraft or in 

connection with physiological needs; and 

(2) Keep the safety belt fastened while at the crewmember station.

(b) Each required flight crewmember of a U.S. –registered civil aircraft 

shall, during takeoff and landing, keep his or her shoulder harness 

fastened while at his or her assigned duty station. This paragraph does 

not apply if –

(1) The seat at the crewmember’s station is not equipped with a 

shoulder harness; or,

(2) The crewmember would be unable to perform required duties with 

the shoulder harness fastened.

5. GROWMARK Exemption From The Requirements Of Section 91.110(c). 

Section 91.119(c), entitled Minimum safe altitudes, subsection (c), states the 

following:

(c) Over other than congested areas, 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 to any person, vessel, vehicle or 

structure.

6. GROWMARK Exemption From The Requirements Of Section 91.121. 

Section 91.121, entitled Altimeter settings, subsection (a), states the following, in 

part: 
10

(a) 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--

(1) Below 18,000 feet MSL, to--

(i) The current reported altimeter setting of a station along the route and 

within 100 nautical miles of the aircraft; 

(ii) 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; or 

(iii) 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. 

7. GROWMARK Seeks Exemption From The Requirements Of Section 

91.151(b).

Section 91.151, entitled Fuel requirements for flight in VFR conditions, subsection

(b), states the following: 

(b) No person may begin a flight in a rotorcraft under VFR conditions 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 5 minutes or with the reserve power recommended by the manufacturer 

if greater.

8. GROWMARK Seeks Exemption From The Requirement Of Section 

91.405(a).
11

Section 91.405, entitled Maintenance required, subsection (a), states the following: 

Each owner or operator of an aircraft—

(a) 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[.] 

9. GROWMARK Seeks Exemption From The Requirements Of Section 

91.407(a)(1) 

Section 91.407, entitled Operation after maintenance, preventive maintenance, 

rebuilding, or alteration, subsection (a)(1), states the following: 

(a) No person may operate any aircraft that has undergone maintenance, 

preventive maintenance, rebuilding, or alteration unless--

(1) It has been approved for return to service by a person authorized under § 

43.7 of this chapter[.] 

10. GROWMARK Seeks Exemption From The Requirements Of Sections 

91.409(a)(1) And 91.409(a)(2). 

Section 91.409, entitled Inspections, subsection (a), states the following:

(a) Except as provided in paragraph (c) of this section, no person may operate 

an aircraft unless, within the preceding 12 calendar months, it has had --

(1) An annual inspection in accordance with part 43 of this chapter and has 

been approved for return to service by a person authorized by § 43.7 of this 

chapter; or 

(2) An inspection for the issuance of an airworthiness certificate in 

accordance with part 21 of this chapter. 

11. GROWMARK Seeks Exemption From The Requirements Of Sections 

91.417(a) And 91.417(b). 
12

Section 91.417, entitled Maintenance records, subsections (a) and (b), states the 

following: 

(a) Except for work performed in accordance with §§ 91.411 and 91.413, each 

registered owner or operator shall keep the following records for the periods 

specified in paragraph (b) of this section: 

(1) Records of the maintenance, preventive maintenance, and alteration and 

records of the 100-hour, annual, progressive, and other required or approved 

inspections, as appropriate, for each aircraft (including the airframe) and 

each engine, propeller, rotor, and appliance of an aircraft. The records must 

include--

(i) A description (or reference to data acceptable to the Administrator) of 

the work performed; and 

(ii) The date of completion of the work performed; and 

(iii) The signature, and certificate number of the person approving the 

aircraft for return to service. 

(2) Records containing the following information: 

(i) The total time in service of the airframe, each engine, each propeller, 

and each rotor. 

(ii) The current status of life-limited parts of each airframe, engine, 

propeller, rotor, and appliance. 

(iii) The time since last overhaul of all items installed on the aircraft 

which are required to be overhauled on a specified time basis. 

(iv) The current inspection status of the aircraft, including the time since 

the last inspection required by the inspection program under which the 

aircraft and its appliances are maintained. 
13

(v) The current status of applicable airworthiness directives (AD) and 

safety directives including, for each, the method of compliance, the AD 

or safety directive number and revision date. If the AD or safety 

directive involves recurring action, the time and date when the next 

action is required. 

(vi) Copies of the forms prescribed by § 43.9(d) of this chapter for each 

major alteration to the airframe and currently installed engines, rotors, 

propellers, and appliances. 

(b) The owner or operator shall retain the following records for the periods 

prescribed: 

(1) The records specified in paragraph (a)(1) of this section shall be retained 

until the work is repeated or superseded by other work or for 1 year after the 

work is performed. 

(2) The records specified in paragraph (a)(2) of this section shall be retained 

and transferred with the aircraft at the time the aircraft is sold. 

(3) A list of defects furnished to a registered owner or operator under § 43.11 of 

this chapter shall be retained until the defects are repaired and the aircraft is 

approved for return to service. 

C. The Extent Of Relief GROWMARK Seeks And The Reason GROWMARK Seeks 

The Relief. 

1. Extent Of Relief GROWMARK Seeks And The Reason GROWMARK

Seeks Relief From Section 45.27(a)

Relief from Section 45.27(a) entitled Location of marks; non fixed-wing aircraft, is 

requested to the extent necessary to allow GROWMARK the ability to mark the aircraft 

with lettering as large as practicable (14 C.F.R. Section 45. 29(f)) on its largest available 
14

surface so as to permit such marking to be displayed to pilot, crew, and others both when 

the aircraft are on the ground, and airborne. 

The airframes utilized by the petitioner are of insufficient size to accommodate 

such markings as prescribed, thus marking the airframes would not be possible.

2. Extent Of Relief GROWMARK Seeks And The Reason GROWMARK

Seeks Relief From Section 61.113(a) And (b). 

Relief from Section 61.113(a) and (b) entitled Private pilot privileges and 

limitations: Pilot in command, is requested to the extent necessary to allow a PIC holding a 

sport pilot, recreation pilot, private pilot or higher level certificate, as well as a current and 

valid airman medical certificate or driver’s license, and who has met certain flight-hour 

and currency requirements, to conduct the proposed UAS flight operations for 

compensation or hire. Furthermore, GROWMARK requests that certificate holders of a 

higher degree are authorized to enact the privileges of the lesser certificate, ie a 

commercial pilot license holder can utilize the sport pilot privileges of their license so long 

as their have a valid U.S. driver’s license and meet the requirements of the sport pilot 

license.

This relief is requested since the limitations set forth in Section 61.113(a) and (b) 

state that a private pilot may, for compensation or hire, act as PIC of an aircraft in 

connection with any business or employment if: (1) The flight is only incidental to that 

business or employment; and (2) The aircraft does not carry passengers or property for 

compensation or hire. 

As set forth more fully below, GROWMARK submits that an equivalent level of 

safety will be maintained because no PIC will be allowed to operate the DJI Phantom 

Series, The DJI Inspire 1, RoboFlight RF-70 and PrecisionHawk Lancaster Hawkeye UAS 

unless that PIC has met certain training, flight-hour and currency requirements, 

demonstrating that the PIC is able to safely operate either the DJI Phantom Series, The DJI 

Inspire 1, RoboFlight RF-70 and/or PrecisionHawk Lancaster Hawkeye UAS in a manner 

consistent with the operations specifications as described in this exemption, including 

evasive and emergency maneuvers, as well as maintaining appropriate distances from 

people, vessels, vehicles and structures.
15

Further, GROWMARK submits that all flights of the DJI Phantom Series, The DJI 

Inspire 1, RoboFlight RF-70 and PrecisionHawk Lancaster Hawkeye UAS, conducted by 

the PIC pursuant to the grant of this Petition: (1) will be incidental to GROWMARK’s 

business; and (2) will not carry passengers or property for compensation or hire. 

3. Extent Of Relief GROWMARK Seeks And The Reason GROWMARK

Seeks Relief From Section 91.7(a). 

Relief from Section 91.7(a) entitled Civil aircraft airworthiness, is requested to the 

extent required to allow GROWMARK to determine that the DJI Phantom Series, The DJI

Inspire 1, RoboFlight RF-70 and PrecisionHawk Lancaster Hawkeye UASs are in 

airworthy condition prior to every flight by ensuring that the UAS is in compliance with 

the operating documents. (i.e., DJI Phantom Series, The DJI Inspire 1,RoboFlight RF-70 

and PrecisionHawk Lancaster Hawkeye Instruction Manual).

GROWMARK seeks the requested relief because the DJI Phantom Series, The DJI 

Inspire 1, RoboFlight RF-70 and PrecisionHawk Lancaster Hawkeye UASs do not require 

an airworthiness certificate in accordance with 14 C.F.R. Part 21, Subpart H. Therefore, 

GROWMARK will ensure that the DJI Phantom Series, The DJI Inspire 1, RoboFlight RF70 and PrecisionHawk Lancaster Hawkeye UASs are in airworthy condition based upon its 

compliance with the operating documents (i.e., Monthly Maintenance Log, and DJI 

Phantom Series, RoboFlight RF-70 and PrecisionHawk Lancaster Hawkeye Instruction 

Manual) prior to every flight, and further, determine that the aircraft are in condition for 

safe flight, as stated in the conditions and limitations below.

4. Extent Of Relief GROWMARK Seeks And The Reason GROWMARK

Seeks Relief From Section 91.105. 

Relief from Section 91.105, entitled Flight crewmembers at stations, requires pilot 

and crew to be at their duty stations and harnessed during flight. Petitioner seeks 

exemption from the Section 91.105 because the airframes utilized by the petitioner are, by 

definition, unmanned aircraft, having neither pilot nor crew so as to be stationed or 

harnessed as required by regulations. An equivalent level of safety can be provided instead 
16

by using an unmanned aircraft controlled by a PIC who at all times is located at, and 

controls the airframes from visual line of sight at all times.

5. Extent Of Relief GROWMARK Seeks And The Reason GROWMARK

Seeks Relief From Section 91.119(c). 

Relief from Section 91.119(c), entitled Minimum safe altitudes, establishes safe 

altitudes for operation of civil aircraft over other than congested areas. Petitioner seeks 

exemption from subsection 91.119(c) because, pursuant to this Petition, the sUAS will at 

time be operated at or below 400 feet AGL.

An equivalent or even higher level of safety can be provided instead by, as 

provided herein, operating so as to de-conflict with manned vehicles operating above 500 

feet AGL, within VLOS of the PIC with the assistance of a VO so as to ensure the safety 

of and de-confliction with any persons or property in the air and on the ground, including 

participating and non-participating personnel, 100 feet and 500 feet, respectively, away 

from who the UA would generally be restricted. Further, the sUAS flight operations will 

be monitored at all times by both the PIC and VO and will be in compliance with public 

safety requirements, so as to prevent access to the restricted areas of operation. 

The FAA has set precedence by previously granted exemptions in circumstances 

similar in all material respects, to those presented herein.

6. Extent Of Relief GROWMARK Seeks And The Reason GROWMARK

Seeks Relief From Section 91.121. 

Relief from Section 91.121, entitled Altimeter settings, may be required to allow 

flight operations of the DJI Phantom Series, The DJI Inspire 1, RoboFlight RF-70 and 

PrecisionHawk Lancaster Hawkeye UASs, which utilize a barometric pressure sensor, 

GPS equipment, and a radio communications telemetry data link to downlink altitude 

information from the UA to the PIC at the ground control station (GCS). Since the FAA 

requires that any altitude information concerning UAS operations be reported to air traffic 

control (ATC) in feet above ground level (AGL), GROWMARK seeks the requested relief 
17

because the DJI Phantom Series, The DJI Inspire 1, RoboFlight RF-70 and PrecisionHawk 

Lancaster Hawkeye UA’s altimeter may be set on the ground to zero feet AGL, rather than 

the local barometric pressure or field altitude, before each flight. 

Considering the limited altitude of the proposed operations, relief from 14 CFR 

91.121 is sought to the extent necessary to comply with the applicable conditions and 

limitations stated below. As more fully set forth herein, an equivalent level of safety will 

be maintained since the DJI Phantom Series, The DJI Inspire 1, RoboFlight RF-70 and 

PrecisionHawk Lancaster Hawkeye UAs are equipped with a barometric pressure sensor 

and GPS equipment, which automatically ensures that a ground level pressure setting will 

be established prior to each flight, and provides the PIC with altitude information of the 

UA on the heads-up display of the GCS. 

7. Extent Of Relief GROWMARK Seeks And The Reason GROWMARK

Seeks Relief From Section 91.151(b). 

Relief from Section 91.151(b) entitled Fuel requirements for flight in VFR 

conditions, is requested to the extent required to allow flights of the battery powered DJI 

Phantom Series, The DJI Inspire 1, RoboFlight RF-70 and PrecisionHawk Lancaster 

Hawkeye UAs during daylight hours in visual meteorological conditions (VMC), under 

visual flight rules (VFR), no person may begin a flight in a rotorcraft under VFR 

conditions 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 5 minutes or with the reserve power recommended by the manufacturer if greater.

GROWMARK seeks the requested relief because without an exemption from Section 

91.151(b), the flight time duration of the battery powered DJI Phantom Series, The DJI 

Inspire 1, RoboFlight RF-70 and PrecisionHawk Lancaster Hawkeye UAs will severely 

constrain the practicality of any aerial video or still photo flight operations that 

GROWMARK proposes to conduct pursuant to this Petition. 

Significantly, as set forth below, the technical specifications of the DJI Phantom 

Series, The DJI Inspire 1,RoboFlight RF-70 and PrecisionHawk Lancaster Hawkeye 

UASs, the DJI Phantom Series, RoboFlight RF-70 and PrecisionHawk Lancaster Hawkeye
18

operating documents, and GROWMARK’s proposed operating limitations, ensure that 

GROWMARK will safely operate the battery powered DJI Phantom Series, The DJI 

Inspire 1,RoboFlight RF-70 and PrecisionHawk Lancaster Hawkeye UAs during daylight 

hours in visual meteorological conditions (VMC), under visual flight rules (VFR). No 

person may begin a flight in a rotorcraft under VFR conditions 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 5 minutes or with the reserve power 

recommended by the manufacturer if greater.

8. Extent Of Relief GROWMARK Seeks And The Reason GROWMARK

Seeks Relief From Sections 91.405(a), 91.407(a)(1), 91.409(a)(1) & (a)(2), 

And 91.417(a) & (b). 

Since Sections 91.405(a), 91.407(a)(1), 91.409(a)(1) & (a)(2), and 91.417(a) & (b) 

only apply to aircraft with an airworthiness certificate, GROWMARK requests relief from 

these Sections because the DJI Phantom Series, The DJI Inspire 1, RoboFlight RF-70 and 

PrecisionHawk Lancaster Hawkeye UASs do not require airworthiness certificates. As set 

forth more fully below, the DJI Phantom Series, RoboFlight RF-70 and PrecisionHawk 

Lancaster Hawkeye UASs meet the conditions of FMRA Section 333 for operation without 

an airworthiness certificate. Accordingly, GROWMARK will perform maintenance, 

alterations, or preventive maintenance on the UASs using the methods, techniques, and 

practices prescribed in the UAS operating documents (i.e., DJI Phantom Series, The DJI 

Inspire 1, RoboFlight RF-70 and PrecisionHawk Lancaster Hawkeye Instruction Manual).

Furthermore, GROWMARK will document and maintain all maintenance records for the 

DJI Phantom Series, The DJI Inspire 1, RoboFlight RF-70 and PrecisionHawk Lancaster 

Hawkeye UASs. 

D. The Reasons Why Granting GROWMARK’s Request Would Be In The Public 

Interest; That Is, How It Would Benefit The Public As A Whole. 

Granting the present Petition will further the public interest by allowing 

GROWMARK to safely, efficiently, and economically provide high quality imaging for a 
19

variety of commercial, public, and residential uses, specifically targeting inspections of 

Agricultural fields related to private structuresprecision agriculture, aerial acquisition 

(mapping), construction sitesand to increase public knowledge of UAS and promote safe 

UAS operations.

Additionally, use of the DJI Phantom Series, The DJI Inspire 1, RoboFlight RF-70 

and PrecisionHawk Lancaster Hawkeye UASs will decrease congestion of the NAS, 

reduce pollution, and provide significant benefits to the economy. Notably, the benefits of 

GROWMARK’s proposed operation of the DJI Phantom Series, RoboFlight RF-70 and 

PrecisionHawk Lancaster Hawkeye UASs will be realized without implicating any privacy 

issues. 

1. The Public Will Benefit From Decreased Congestion Of The NAS. 

The DJI Phantom Series, The DJI Inspire 1, RoboFlight RF-70 and PrecisionHawk 

Lancaster Hawkeye UAs are battery powered and serve as a safe, efficient, and economical 

alternative to the manned aircraft traditionally utilized to obtain aerial imagery. By 

reducing the amount of manned aircraft needed to perform aerial data collection, an 

exemption allowing the use of the DJI Phantom Series, The DJI Inspire 1, RoboFlight RF70 and PrecisionHawk Lancaster Hawkeye UAS would reduce the amount of manned 

aircraft in the NAS, reduce noise and air pollution, as well as increase the safety of life and 

property in the air and on the ground. 

Furthermore, by reducing the number of manned aircraft operating in the NAS, 

congestion around airports caused by arriving and departing aircraft will be reduced. The 

DJI Phantom Series, The DJI Inspire 1, RoboFlight RF-70 and PrecisionHawk Lancaster 

Hawkeye UAs do not require an airport to takeoff or land. Likewise, a reduction of 

manned aircraft conducting aerial video and photography missions would result in fewer 

aircraft that must be handled by air traffic control during the ground, takeoff, departure, 

arrival, and landing phases of flight operations.
20

2. The Public Will Benefit From The Safety And Efficiency Of The Phantom 

DJI Phantom Series, The DJI Inspire 1, RoboFlight RF-70 and 

PrecisionHawk Lancaster Hawkeye UASs. 

Conducting aerial data collection with the DJI Phantom Series, The DJI Inspire 1, 

RoboFlight RF-70 and PrecisionHawk Lancaster Hawkeye UASs, instead of manned 

aircraft, will greatly benefit the public by drastically reducing the levels of air and noise 

pollution generated during traditional aerial video and still photography flight operations. 

By using battery power and electric motors, the DJI Phantom Series, The DJI Inspire 1,

RoboFlight RF-70 and PrecisionHawk Lancaster Hawkeye UASs produce no air pollution, 

and is the most viable environmentally conscious alternative to the cabin class, six cylinder 

internal combustion engine aircraft that are typically utilized for aerial video and 

photography, while burning approximately 20-30 gallons per hour of leaded aviation fuel. 

The DJI Phantom Series, The DJI Inspire 1, RoboFlight RF-70 and PrecisionHawk 

Lancaster Hawkeye UASs, while reducing the carbon footprint of aerial data collections, 

also eliminates noise pollution, as the UAs are propelled by battery powered electric 

motors, rather than an internal combustion engine. 

By using the DJI Phantom Series, The DJI Inspire 1, RoboFlight RF-70 and 

PrecisionHawk Lancaster Hawkeye UASs to perform aerial data collection, the substantial 

risk to life and property in the air and on the ground, which is usually associated with 

traditional manned aircraft flight operations, will be substantially reduced or completely 

eliminated. Aside from the lack of flight crew members located onboard the aircraft, the 

DJI Phantom Series, The DJI Inspire 1, RoboFlight RF-70 and PrecisionHawk Lancaster 

Hawkeye UASs have less physical potential for collateral damage to life and property on 

the ground, and in the air, compared to the manned aircraft that typically conduct similar 

operations (weighing approximately 6,000 pounds with a wingspan of approximately 42 

feet, a length of 34 feet, and a fuel capacity of 180 gallons). 

3. Performing Aerial Video and Photography Operations With The DJI 

Phantom Series, The DJI Inspire 1, RoboFlight RF-70 and PrecisionHawk 

Lancaster Hawkeye UASs Will Benefit The Economy. 
21

In addition to being safe and efficient, DJI Phantom Series, The DJI Inspire 1, 

RoboFlight RF-70 and PrecisionHawk Lancaster Hawkeye UASs are also an economical 

alternative to using manned aircraft to conduct similar aerial operations. As such, operation 

of the DJI Phantom Series, RoboFlight RF-70 and PrecisionHawk Lancaster Hawkeye

UASs will allow United States based companies, like GROWMARK, to remain 

competitive and contribute to growth of the U.S. economy. Specifically, with the rising 

cost of aviation fuel and the Environmental Protection Agency (“EPA”) regulatory actions 

phasing out leaded aviation fuels, U.S. owned and operated companies must adopt new and 

alternative technology in order to remain competitive. Operating the battery powered DJI 

Phantom Series, The DJI Inspire 1, RoboFlight RF-70 and PrecisionHawk Lancaster 

Hawkeye UASs is one such technology that not only allows companies greater operational 

flexibility compared to manned aircraft, but provides such flexibility without the high 

operational cost of a traditional manned aircraft. 

By operating the DJI Phantom Series, The DJI Inspire 1, RoboFlight RF-70 and 

PrecisionHawk Lancaster Hawkeye UASs, companies such as GROWMARK, can remain 

competitive and profitable, and therefore, provide greater job stability to employees and 

contractors, which will ultimately contribute to growth of the U.S. economy. Improved 

financial performance of U.S. companies, through commercial use of the DJI Phantom 

Series, The DJI Inspire 1, RoboFlight RF-70 and PrecisionHawk Lancaster Hawkeye

UASs, provides a stable workforce that increases consumer spending; improves local, 

state, and federal tax revenues; and allows companies to invest in research and 

development in order to remain competitive both in the United States and abroad. 

4. There Are No Privacy Issues. 

Similar to the manned aerial data collection flight operations that have been conducted 

for decades, GROWMARK’s proposed operation of the DJI Phantom Series, The DJI 

Inspire 1, RoboFlight RF-70 and PrecisionHawk Lancaster Hawkeye UASs will not 

implicate any privacy issues. Specifically, the DJI Phantom Series, The DJI Inspire 1, 

RoboFlight RF-70 and PrecisionHawk Lancaster Hawkeye UASs will be operated only in 
22

compliance with operating documents (i.e., DJI Phantom Series, The DJI Inspire 1, , 

RoboFlight RF-70 and PrecisionHawk Lancaster Hawkeye Instruction Manual) which

requires property owner involvement as well as local law enforcement notification, 

NOTAMs and cooperation with local FSDOs, and in accordance with the Federal Aviation 

Regulations, including the minimum altitude requirements of 14 C.F.R. § 91.119. 

E. The Reasons Why Granting The Exemption Would Not Adversely Affect Safety, 

Or How The Exemption Would Provide A Level Of Safety At Least Equal To That 

Provided By The Rule From Which GROWMARK Seeks Exemption. 

1. Reasons Why The DJI Phantom Series, The DJI Inspire 1, RoboFlight RF-70 

and PrecisionHawk Lancaster Hawkeye UAs Meet The Conditions Of The 

FAA Modernization and Reform Act of 2012 (FMRA) Section 333. 

In consideration of the size, weight, speed, and limited operating area associated 

with the unmanned aircraft and its operation, GROWMARK’s operation of the DJI 

Phantom Series, The DJI Inspire 1, RoboFlight RF-70 and PrecisionHawk Lancaster 

Hawkeye UASs meet the conditions of FMRA Section 333, and will not require an 

airworthiness certificate in accordance with 14 C.F.R. Part 21, Subpart H. 

Section 333 provides authority for a UAS to operate without airworthiness 

certification and sets forth requirements for considering whether a UAS will create a 

hazard to users of the NAS or the public, or otherwise pose a threat to national security. 

Specifically, FMRA Section 333 states the following, in part: 

(a) In Genera.--Notwithstanding any other requirement of this subtitle, and not 

later than 180 days after the date of enactment of this Act, the Secretary of 

Transportation shall determine if certain unmanned aircraft systems may 

operate safely in the national airspace system before completion of the plan 

and rulemaking required by section 332 of this Act or the guidance required by 

section 334 of this Act. 

(b) Assessment of Unmanned Aircraft System.--In making the determination under 

subsection (a), the Secretary shall determine, at a minimum--
23

(1) which types of unmanned aircraft systems, if any, as a result of their 

size, weight, speed, operational capability, proximity to airports and 

populated areas, and operation within visual line of sight do not create 

a hazard to users of the national airspace system or the public or pose a 

threat to national security; and

(2) whether a certificate of waiver, certificate of authorization, or 

airworthiness certification under section 44704 of title 49, United States 

Code, is required for the operation of unmanned aircraft systems 

identified under paragraph (1). 

(c) Requirements for Safe Operation--If the Secretary determines under this section 

that certain unmanned aircraft systems may operate safely in the national 

airspace system, the Secretary shall establish requirements for the safe 

operation of such aircraft systems in the national airspace system. 

In seeking this exemption, GROWMARK submits that the DJI Phantom Series, 

The DJI Inspire 1, RoboFlight RF-70 and PrecisionHawk Lancaster Hawkeye UASs can 

operate safely in the NAS pursuant to FMRA Section 333, as demonstrated by: (a) the 

characteristics of the DJI Phantom Series, RoboFlight RF-70 and PrecisionHawk Lancaster 

Hawkeye UASs; (b) the pilot certification requirement; and (c) the specific operating 

limitations. 

a. The Specifications Of The DJI Phantom Series, RoboFlight RF-70 and 

PrecisionHawk Lancaster Hawkeye UASs Demonstrate Its Safe 

Characteristics.

The DJI Phantom Series, The DJI Inspire 1, RoboFlight RF-70 and PrecisionHawk 

Lancaster Hawkeye UASs do not create a hazard to users of the NAS or the public, or 

otherwise pose a threat to national security considering its size, weight, speed, and 

operational capability. 
24

i. Technical Specifications Of The DJI Phantom Series, The DJI Inspire 

1, RoboFlight RF-70 and PrecisionHawk Lancaster Hawkeye UASs. 

The technical specifications of the DJI Phantom Series, The DJI Inspire 

1,RoboFlight RF-70 and PrecisionHawk Lancaster Hawkeye UASs are set forth by the DJI 

Phantom Series, The DJI Inspire 1, RoboFlight RF-70 and PrecisionHawk Lancaster 

Hawkeye Specifications and Data Sheets, and have already been reviewed by the FAA, but 

are available upon request. 

ii. The DJI Phantom Series, The DJI Inspire 1,RoboFlight RF-70 and 

PrecisionHawk Lancaster Hawkeye UASs Autonomous Flight And 

Navigation Modes Enable The UASs To Remain Within A Defined 

Operational Area. 

The DJI Phantom Series, The DJI Inspire 1, RoboFlight RF-70 and PrecisionHawk 

Lancaster Hawkeye UASs may be operated in both manual and fully autonomous flight 

modes. A complete description of the flight and navigational modes of the DJI Phantom 

Series, The DJI Inspire 1, RoboFlight RF-70 and PrecisionHawk Lancaster Hawkeye

UASs are included in the manufacturer’s operator’s manual. 

iii. The DJI Phantom Series, The DJI Inspire 1, RoboFlight RF-70 and 

PrecisionHawk Lancaster Hawkeye UASs Are Designed For 

Automatic Return To Home Point Or Hover In The Event Of Loss 

Of The Control Link Or Navigation. 

When the Control Link is lost, the DJI Phantom Series, The DJI Inspire 1,

RoboFlight RF-70 and PrecisionHawk Lancaster Hawkeye UAs will remain stationary, in 

flight, for 3 seconds or more. If, after 3 seconds, the DJI Phantom Series, The DJI Inspire 

1, RoboFlight RF-70 and PrecisionHawk Lancaster Hawkeye UASs do not reacquire 

control link data from the GCS, the UAs will assume that the Control Link is lost and the 

UAs will return to the home position (i.e., failsafe mode) via GPS, and will descend to the 

takeoff position and shutdown. 
25

A complete description of the Failsafe Functions of these platforms is included in 

the manufacturer’s operator’s manual

iv. The DJI Phantom Series, The DJI Inspire 1, RoboFlight RF-70 and 

PrecisionHawk Lancaster Hawkeye GCS And Its Operation.

A complete description of the operation and specifications of the DJI Phantom 

Series, The DJI Inspire 1, RoboFlight RF-70 and PrecisionHawk Lancaster Hawkeye GCS 

and flight control software is included in the manufacturer’s operator’s manual.

b. Flight Operations Of DJI Phantom Series, The DJI Inspire 1, RoboFlight 

RF-70 and PrecisionHawk Lancaster Hawkeye UASs Are Limited To 

The Line Of Sight Of A Certificated Pilot in Command With A Safety 

Observer. 

GROWMARK will only utilize certificated pilots who possess a current and valid 

airman medical certificate or driver’s license to act as a pilot in command (PIC) of the DJI 

Phantom Series, The DJI Inspire 1, RoboFlight RF-70 and PrecisionHawk Lancaster 

Hawkeye UASs. Additionally, a safety observer will assist all pilots during flight time. 

c. Flights Of DJI Phantom Series, The DJI Inspire 1, RoboFlight RF-70 and 

PrecisionHawk Lancaster Hawkeye UASs Will Be Conducted Pursuant 

To Specific Operating Limitations. 

In seeking this exemption, GROWMARK proposes to commercially operate DJI 

Phantom Series, The DJI Inspire 1, RoboFlight RF-70 and PrecisionHawk Lancaster 

Hawkeye UASs for the special purpose of conducting aerial video and photography over 

certain areas of United States, pursuant to the following specific operating limitations:

1. Operations authorized by this grant of exemption are limited to the DJI Phantom Series,

The DJI Inspire 1, RoboFlight RF-70 and PrecisionHawk Lancaster Hawkeye Unmanned 

Aircraft Systems when weighing less than 55 pounds including payload. Proposed 
26

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
27

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,

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
28

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. 

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 not 

participating in the operation. 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
29

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 5 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.

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
30

be as large as practicable.

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 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 without 

prior FAA coordination.

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

non-participating persons under this exemption.
31

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.

2. Reasons Why An Exemption From The Requirements Of Section 61.113(a) 

And (b) Would Not Adversely Affect Safety.

GROWMARK submits that the equivalent level of safety established by Section 

61.113(a) and (b) will be maintained because no PIC will be allowed to operate the DJI 

Phantom Series, The DJI Inspire 1, RoboFlight RF-70 and PrecisionHawk Lancaster 

Hawkeye UASs unless that PIC has demonstrated, by meeting minimum flight-hour and 

currency requirements, that the PIC is able to safely operate the DJI Phantom Series, The 

DJI Inspire 1, RoboFlight RF-70 and PrecisionHawk Lancaster Hawkeye UASs in a 

manner consistent with the exemption, including evasive and emergency maneuvers and 

maintaining appropriate distances from people, vessels, vehicles and structures. 

Considering GROWMARK’s proposed area of operations, and the operating 

limitations set forth-above; the parallel nature of private pilot aeronautical knowledge 

requirements to those of commercial pilot requirements (See Exemption No. 11062); and 

the airmanship skills necessary to safely operate the DJI Phantom Series, The DJI Inspire 

1, RoboFlight RF-70 and PrecisionHawk Lancaster Hawkeye UAS, GROWMARK

submits that the additional manned airmanship experience of a commercially certificated 
32

pilot would not correlate to the airmanship skills necessary for GROWMARK’s specific 

proposed flight operations. 

The FAA has previously granted relief from Section 61.113(a) and (b) specific to 

UAS, in circumstances similar, in all material respects, to those presented herein (e.g. 

Exemption Nos. 11062, 11063, 11064, 11065, 11066, 11067, 11080, 11109, 11110, 11112, 

11136, 11138, 11150, 11153, 11156, 11158, 11159, 11160, 11161). 

GROWMARK will not allow any PIC to operate the DJI Phantom Series, The DJI 

Inspire 1, RoboFlight RF-70 and PrecisionHawk Lancaster Hawkeye UAS unless that PIC 

has demonstrated, by meeting minimum flight-hour requirements or the DJI Phantom 

Series, The DJI Inspire 1, RoboFlight RF-70 and PrecisionHawk Lancaster Hawkeye 

UAS training and currency requirements, that the PIC is able to safely operate the DJI 

Phantom Series, The DJI Inspire 1, RoboFlight RF-70 and PrecisionHawk Lancaster 

Hawkeye UAS in a manner consistent with this exemption, including evasive and 

emergency maneuvers and maintaining appropriate distances from people, vessels, 

vehicles and structures. 

Specifically, the PIC must have accumulated and logged, in a manner consistent 

with 14 C.F.R. § 61.51(b), 25 hours of total time as a UAS rotorcraft pilot (with a 

minimum of 5 hours of those hours as a UAS pilot operating the same make and model of 

UAS to be used for operations under the exemption). In addition to the hour requirements, 

the PIC must accomplish 3 takeoffs and landings in the preceding 90 days (for currency 

purposes). 

As in Exemption Nos. 11062, 11138, and 11153, prior documented flight 

experience that was obtained in compliance with applicable regulations will ensure an 

equivalent level of safety during GROWMARK’s proposed operations. The Administrator 

has held that prior documented flight experience that was obtained in compliance with 

applicable regulations would ensure safe operations, stating as follows: 

In Exemption No. 11062, the FAA required that prior to conducting operations for 

the purpose of motion picture filming (or similar operations), the PIC must have 

accumulated and logged, in a manner consistent with 14 CFR 61.51(b), 25 hours of 

total time as a UAS rotorcraft pilot including at least 10 hours logged as a UAS 
33

pilot with a multi-rotor UAS. Prior to operations under Exemption No. 11062, the 

PIC must also have accumulated and logged a minimum of 5 hours as a UAS pilot 

operating the same make and model of UAS to be used for operations under the 

exemption. For clarification, the FAA considers these minimum hour requirements 

to be inclusive rather than additive; i.e. 5 hours make and model time may be 

included in the 10 hours of multi-rotor time and the 10 hours may be included in 

the total 25 hours of UAS rotorcraft time. In addition to the hour requirements, the 

PIC must accomplish 3 takeoffs and landings in the preceding 90 days (for 

currency purposes). The FAA finds that at a minimum, the flight-hour requirements 

in Exemption No. 11062 are appropriate to practice and build proficiency in the 

skills necessary to safely conduct the petitioner’s proposed operations. The FAA 

also finds that prior documented flight experience that was obtained in compliance 

with applicable regulations would satisfy this requirement. Training, proficiency, 

and experience-building flights can also be conducted under the grant of exemption 

to accomplish the required flight time. During training, proficiency, and 

experience-building flights the PIC is required to operate the UA with appropriate 

distances in accordance with 14 C.F.R 91.119. 

Accordingly, GROWMARK will ensure safe operations by not allowing any PIC to 

operate the DJI Phantom Series, The DJI Inspire 1, RoboFlight RF-70 and PrecisionHawk 

Lancaster Hawkeye UASs unless that PIC has demonstrated, by meeting minimum flighthour and currency requirements, that the PIC is able to safely operate the DJI Phantom 

Series, The DJI Inspire 1, RoboFlight RF-70 and PrecisionHawk Lancaster Hawkeye 

UAS in a manner consistent with the exemption, including evasive and emergency 

maneuvers and maintaining appropriate distances from people, vessels, vehicles and 

structures. 

3. Reasons Why An Exemption From The Requirements Of Section 91.7(a) 

Would Not Adversely Affect Safety. 

The equivalent level of safety established by Section 91.7(a) will be maintained 

because prior to every flight, GROWMARK will ensure that the DJI Phantom Series, The 
34

DJI Inspire 1, RoboFlight RF-70 and PrecisionHawk Lancaster Hawkeye UAS is in an 

airworthy condition based upon the UAS’s compliance with its operating documents and 

as stated in the conditions and limitations herein. 

Additionally, the FAA has previously granted relief from Section 91.7(a) specific 

to UAS, in circumstances similar, in all material respects, to those presented herein (e.g. 

Exemption Nos. 11062, 11063, 11064, 11065, 11066, 11067, 11080, 11109, 11110, 11112, 

11136, 11138, 11150, 11153, 11156, 11157, 11158, 11159, 11160, 11161). 

4. Reasons Why An Exemption From The Requirements Of Section 91.121 

Would Not Adversely Affect Safety.

The equivalent level of safety established by Section 91.121 will be maintained 

because the altitude information of the DJI Phantom Series, The DJI Inspire 1, 

RoboFlight RF-70 and PrecisionHawk Lancaster Hawkeye UASs will be provided to the 

PIC via GPS equipment and a radio communications telemetry data link, which downlinks 

from the UA to the GCS for active monitoring of the flight path and altitude. This altitude 

information, combined with GROWMARK’s operation of the DJI Phantom Series, The 

DJI Inspire 1, RoboFlight RF-70 and PrecisionHawk Lancaster Hawkeye UASs within 

visual line of sight, at or below 500 feet AGL, will ensure a level of safety equivalent to 

Section 91.121. The altitude information will be generated by GPS equipment installed 

onboard the aircraft. Prior to each flight, a zero altitude initiation point is automatically 

established by the UASs at ground level. 

The FAA has previously granted relief from Section 91.121 specific to UAS, in 

circumstances similar, in all material respects, to those presented herein (e.g. Exemption 

Nos. 11062, 11063, 11064, 11065, 11066, 11067, 11080, 11109, 11112, 11136, 11138, 

11150, 11153, 11156, 11157, 11158, 11159, 11160, 11161). 

5. Reasons Why An Exemption From The Requirements Of Section 91.151(b) 

Would Not Adversely Affect Safety.

A grant of this exemption would ensure an equivalent level of safety established by 

14 C.F.R. Section 91.151(b) as a result of (1) the technical specifications of the DJI 
35

Phantom Series, The DJI Inspire 1, RoboFlight RF-70 and PrecisionHawk Lancaster 

Hawkeye UASs; (2) the limitations on the proposed flight operations; and (3) the location 

of the proposed flight operations. Accordingly, GROWMARK will ensure that it will 

safely operate the battery powered DJI Phantom Series, The DJI Inspire 1, RoboFlight 

RF-70 and PrecisionHawk Lancaster Hawkeye UASs during daylight hours in VFR 

conditions, no person may begin a flight in a rotorcraft under VFR conditions 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 5 minutes or with 

the reserve power recommended by the manufacturer if greater. 

Here, as in Exemption No. 11109, the technical specifications of the DJI Phantom 

Series, The DJI Inspire 1, RoboFlight RF-70 and PrecisionHawk Lancaster Hawkeye

UASs; the limitations on the proposed flight operations; and the location of the proposed 

operations, will ensure an equivalent level of safety established by 14 C.F.R. Section 

91.151(b). Furthermore, safety will be ensured as the DJI Phantom Series, The DJI Inspire 

1, RoboFlight RF-70 and PrecisionHawk Lancaster Hawkeye UASs provide audible and 

visual warnings to the PIC at the GCS when the UAs experiences low battery voltage, the 

first warning occurring at approximately 33% remaining battery power, and again at 

approximately 10% remaining battery power. At the critically low battery level, the DJI 

Phantom Series, The DJI Inspire 1, RoboFlight RF-70 and PrecisionHawk Lancaster 

Hawkeye UASs will descend and land automatically. 

Significantly, previous exemptions granted by the FAA concerning Section 91.151 

establish that safety is not adversely affected when the technical characteristics and 

operating limitations of the UAS are considered. Relief has been granted for manned 

aircraft to operate at less than the minimums prescribed in Section 91.151, including 

Exemption Nos. 2689, 5745, and 10650. Moreover, the FAA has previously granted relief 

from Section 91.151 specific to UAS, in circumstances similar, in all material respects, to 

those presented herein (e.g. Exemption Nos. 8811, 10808, 10673, 11042, 11062, 11063, 

11064, 11065, 11066, 11067, 11080, 11109, 11110, 11136, 11138, 11150, 11153, 11156, 

11157, 11158, 11159, 11160, 11161). 
36

6. Reasons Why An Exemption From The Requirements Of Sections

91.405(a), 91.407(a)(1), 91.409(a)(1) & (a)(2), And 91.417(a) & (b) Would 

Not Adversely Affect Safety. 

In seeking this exemption, GROWMARK submits that the equivalent level of 

safety with regard to the regulatory maintenance and alteration requirements established by 

Sections 91.405(a), 91.407(a)(1), 91.409(a)(1) & (a)(2), and 91.417(a) & (b) will be met 

because GROWMARK will perform maintenance, alterations, or preventive maintenance 

on the UASs using the methods, techniques, and practices prescribed in the operating 

documents (i.e., Monthly Maintenance Log, and DJI Phantom Series, The DJI Inspire 1, 

RoboFlight RF-70 and PrecisionHawk Lancaster Hawkeye Instruction Manuals). 

Furthermore, GROWMARK will document and maintain all maintenance records for the 

DJI Phantom Series, RoboFlight RF-70 and PrecisionHawk Lancaster Hawkeye UASs. 

Since the DJI Phantom Series, The DJI Inspire 1, RoboFlight RF-70 and 

PrecisionHawk Lancaster Hawkeye UASs will be inspected as prescribed by the operating 

documents, GROWMARK will maintain the equivalent level of safety established by 

Sections 91.405(a), 91.409(a)(1), and 91.409(a)(2). 

Furthermore, the exemption sought would maintain an equivalent level of safety 

established by Sections 91.407, 91.417(a) and 91.417(b), because all maintenance of the 

DJI Phantom Series, The DJI Inspire 1, RoboFlight RF-70 and PrecisionHawk Lancaster 

Hawkeye UASs will be performed by trained technicians. Maintenance will be 

documented and maintained utilizing the monthly maintenance log. 

Significantly, previous exemptions granted by the FAA concerning Sections 

91.405(a), 91.407(a)(1), 91.409(a)(1) & (a)(2), and 91.417(a) & (b) establish that safety is 

not adversely affected when the technical characteristics and operating limitations of the 

UAS are considered. 

In consideration of GROWMARK’s proposed operating limitations, the operating 

documents, and the technical aspects of the DJI Phantom Series, The DJI Inspire 1, 

RoboFlight RF-70 and PrecisionHawk Lancaster Hawkeye UASs, GROWMARK submits 

that safety will not be adversely affected by granting exemption from 14 C.F.R. Sections 

91.405(a), 91.407(a)(1) and (a)(2), 91.409(a)(2), and 91.417(a) and (b). The FAA has 
37

previously granted relief specific to UAS in circumstances similar, in all material respects, 

to those presented herein (e.g. Exemption Nos. 11062, 11063, 11064, 11065, 11066, 

11067, 11080, 11109, 11110, 11112, 11136, 11138, 11150, 11153, 11156, 11157, 11158, 

11159, 11160, 11161). 

7. The FAA May Prescribe Any Other Conditions For Safe Operation. 

In accordance with Section 333 of the FAA Modernization and Reform Act of 2012 

(FMRA) and 14 C.F.R. § 21.16 entitled Special Conditions, GROWMARK requests that 

the FAA prescribe special conditions for the intended operation of the DJI Phantom Series, 

The DJI Inspire 1, RoboFlight RF-70 and PrecisionHawk Lancaster Hawkeye UASs, 

which contain such safety standards that the Administrator finds necessary to establish a 

level of safety equivalent to that established by 14 C.F.R. Part 21, Subpart H, and 14 C.F.R 

§§ 61.113(a) & (b), 91.7 (a), 91.121, 91.151(b), 91.405(a), 91.407(a)(1), 91.409(a)(1) & 

(a)(2), and 91.417(a) & (b). Such special conditions will permit safe operation of the UAs 

for the limited purpose of conducting aerial data collection over certain areas of the United 

States for compensation or hire. FMRA Section 333 sets forth the requirements for 

considering whether a UAS will create a hazard to users of the NAS or the public, or 

otherwise pose a threat to national security; and further, provides the authority for such 

UAS to operate without airworthiness certification in accordance with any requirements 

that must be established for the safe operation of the UAS in the NAS. 

Likewise, the Administrator may prescribe special conditions pursuant to 14 C.F.R.

§ 21.16, for operation of the DJI Phantom Series, The DJI Inspire 1, RoboFlight RF-70 

and PrecisionHawk Lancaster Hawkeye UASs, since the airworthiness regulations of 14 

C.F.R. Part 21 do not contain adequate or appropriate safety standards, due to the novel or 

unusual design features of the aircraft. Section 21.16, entitled Special Conditions, states 

the following: 

If the FAA finds that the airworthiness regulations of this subchapter do not contain 

adequate or appropriate safety standards for an aircraft, aircraft engine, or propeller 

because of a novel or unusual design feature of the aircraft, aircraft engine or 

propeller, he prescribes special conditions and amendments thereto for the product. 
38

The special conditions are issued in accordance with Part 11 of this chapter and 

contain such safety standards for the aircraft, aircraft engine or propeller as the 

FAA finds necessary to establish a level of safety equivalent to that established in 

the regulations. 

Therefore, in accordance with FMRA Section 333 and 14 C.F.R. § 21.16, the FAA 

may prescribe special conditions for GROWMARK’s intended operation of the DJI 

Phantom Series, The DJI Inspire 1, RoboFlight RF-70 and PrecisionHawk Lancaster 

Hawkeye UASs, which contain such safety standards that the Administrator finds 

necessary to establish a level of safety equivalent to that established by 14 C.F.R. Part 21, 

Subpart H, and 14 C.F.R Sections 61.113(a) & (b), 91.7(a), 91.121, 91.151(b), 91.405(a), 

91.407(a)(1), 91.409(a)(1) & (a)(2), and 91.417(a) & (b).

F. A Summary That Can Be Published In The Federal Register, stating: The Rules 

From Which GROWMARK Seeks Exemption: 

GROWMARK seeks exemption from the requirements of 14 C.F.R Sections 

45.27(a), 61.113(a)&(b), 91.7(a), 91.105, 91.119(c), 91.121, 91.151(b), 91.405(a), 

91.407(a)(1), 91.409(a)(1) & (a)(2), and 91.417(a) & (b). 

A Brief Description Of The Nature Of The Exemption GROWMARK Seeks: 

This exemption will permit GROWMARK to commercially operate an Unmanned 

Aircraft System (UAS) for the purpose of conducting aerial data collection over 

certain areas of the United States.

G. Any Additional Information, Views, Or Arguments Available To Support 

GROWMARK’s Request. 

This Petition is made pursuant to the FAA Modernization and Reform Act of 2012 

(FMRA) Section 333, which directs the Secretary of Transportation to determine if certain 

UAS may operate safely in the NAS. As such, GROWMARK’s request for exemption may 
39

be granted pursuant to the authority of FMRA Section 333 and 14 C.F.R. Part 11, as set 

forth above. 

FMRA Section 333 sets forth the requirements for considering whether a UAS will 

create a hazard to users of the NAS or the public, or otherwise pose a threat to national 

security; and further, provides the authority for such UAS to operate without airworthiness 

certification. 

As discussed in detail above, GROWMARK will operate the DJI Phantom Series, 

The DJI Inspire 1, RoboFlight RF-70 and PrecisionHawk Lancaster Hawkeye UASs safely 

in the NAS, without creating a hazard to users of the NAS, or the public, or otherwise pose 

a threat to national security. 

CONCLUSION

As set forth herein, GROWMARK seeks an exemption pursuant to 14 C.F.R. § 

11.61 and Section 333 of the FAA Modernization and Reform Act of 2012 (FMRA), 

which will permit safe operation of the DJI Phantom Series, The DJI Inspire 1, RoboFlight 

RF-70 and PrecisionHawk Lancaster Hawkeye UASs commercially, without an 

airworthiness certificate, for the limited purpose of conducting aerial data collection over 

certain areas of the United States. By granting this Petition, the FAA Administrator will be 

fulfilling the Congressional mandate of the FAA Modernization and Reform Act of 2012, 

while also advancing the interests of the public, by allowing GROWMARK to safely, 

efficiently, and economically operate the DJI Phantom Series, The DJI Inspire 1, 

RoboFlight RF-70 and PrecisionHawk Lancaster Hawkeye UASs commercially within the 

NAS. 

WHEREFORE, in accordance with the Federal Aviation Regulations and the FAA 

Modernization and Reform Act of 2012, Section 333, GROWMARK respectfully requests 

that the Administrator grant this Petition for an exemption from the requirements of 14 

C.F.R Sections 45.27(a), 61.113(a) & (b), 91.7(a), 91.105, 91.119(c), 91.121, 91.151(b), 

91.405(a), 91.407(a)(1), 91.409(a)(1) & (a)(2), AND 91.417(a) & (b), and permit 

GROWMARK to operate the DJI Phantom Series, The DJI Inspire 1, RoboFlight RF-70 
40

and PrecisionHawk Lancaster Hawkeye UASs commercially for the purpose of conducting 

aerial video and photography over certain areas of the United States.

Dated: June 15, 2015

Respectfully submitted,

GROWMARK

_________________________

Dan Maggart

GROWMARK

1701 Towanda Avenue

Bloomington, IL 61702

Tel: (217) 480-5207