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) C ONCERNING COMMERCIAL OPERATION OF DJI PHANTOM SERIES, ROBOFLIGHT RF

70 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 und er 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 GROW M ARK 1701 Towanda Avenue Bloomington, IL 61702 Tel: (217) 480

- 52072 TABLE OF CONTENTS
Page

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

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

INTRODUCTI ON 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.........................

... ................. ..................... 1 3

THE REASONS WHY GRANTING GROWMARK ’S REQUEST WOULD BE IN THE PUBLIC INTEREST .........................................................

...................... 1 8

THE REASONS WHY GRANTING THE EXEMPTION WOULD NOT ADVERSELY AFFECT SAFETY....

...................................................................... 2 2

SUMMARY THAT CAN BE PUBLISHED IN THE FEDERAL REGISTER......3 8
ANY ADDITIONAL INFORMATION, VIEWS, OR ARGUMENTS AVAILABLE TO SUPPORT GROWMARK’S REQUEST.........

... ..................... 3 8

CONCLUSION...................................................................................................................

. 39

GLOSSARY OF ABBREVIATIONS3 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 Landing4 SUMMARY

GROWMARK seeks exemption fr om 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 Mode rnization and Reform Act of 2012 (FMRA). This
exemption will permit GROWMARK to operate Unmanned Aircraft System s (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 member

owners, is reflected in all we do, ultimately allowing America’s farmers to remain competitive in a global market, keep costs low f or 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 3 rd 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 RoboFlig ht Systems, LLC, in accordance with operator policy, procedures and operation specifications.

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

- quality imaging for a variety of comme rcial uses , , specifically targeting:

• I nsp ections P rivate S tructures

• Precision Agriculture5 • 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 Precision Hawk 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 approve d 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) Exem ption 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 Hawkeye s 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), 91.1 21, 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 Manual s ). Furthermore, GROWMARK will document and maintain
all maintenance records for the DJI Phantom Series , RoboFli ght 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 Co mmand (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 th e 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 Lancaster7 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 Manual s ), 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 RF

70 and PrecisionHawk Lancaster Hawkeye UAs will not have a typical barometric altimeter onboard. However, a ltitude 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 downli nks 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 con ditions

. 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 UA S s during daylight hours in visual meteorological conditions (VMC) under visual fli ght rules (VFR) as t he 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 GROW M ARK 1701 Towanda Avenue Bloomington, IL 617028 Tel: (217) 480

- 5207 Email: dmaggart@growmark.com

B. The Spec ific 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 o n 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

compen sation 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 Re quirements Of Section 91.105. Section 91.105, entitled Flight crewmember at sta tion, 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

connect ion 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 Th e Requirements Of Section 91.110(c)

. Section 91.11 9 (c), entitled Minimum safe a ltitudes, subsection (c), states the following: (c) Over other than congested areas, a n 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 alti meter 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 Fro m 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 Exe mption 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), state s 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, a nd 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 cur rent 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

safe ty 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 prescri bed 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 speci fied 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 wi th 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 S eeks 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 available14 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
S eeks 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

c ompensation 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 s o long
as their have a valid U.S. d river’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, GROW MARK 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 ei ther the DJI Phantom Series , The DJI Inspire 1, RoboFlight RF

- 70 and/or PrecisionHawk Lancaster Hawkeye UAS in a manner consistent with the operations specificat ions 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 Inspir e 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 cer tificate 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 RF

70 and PrecisionHawk Lancaster Hawkeye UASs are in airworthy condition based upon its compliance with th e 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 stat ed 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 instead16 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 ve hicles 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 acce ss 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 baro metric 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 operation s be reported to air traffic control (ATC) in feet above ground level (AGL), GROWMARK seeks the requested relief17 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 nece ssary 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 Hawk eye 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 di splay 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 fligh t rules (VFR), n o 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, R oboFlight 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 Hawkeye18 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 meteorolo gical 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 operatio n 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 DJ I 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 S ection 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 P recisionHawk 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 a19 variety of commercial, public, and residential uses, specifically targeting inspections of Agricultural fields related to private structures precision agriculture, aerial a cquisition (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 congest ion 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 implicat ing 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 allo wing the use of t he DJI Phantom Series , The DJI Inspire 1, RoboFlight RF

70 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 i n 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 an d 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

po llution 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 poll ution, 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 lea ded aviation fuel.
The DJI Phantom Series , The DJI Inspire 1, RoboFlight RF

- 70 and PrecisionHawk Lancaster Hawkeye UA Ss , while reducing the carbon footprint of aerial data collections , also eliminates noise pollution, as the UAs are propelled by battery po wered 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 Ser ies , The DJI Inspire 1, RoboFlight RF

- 70 and PrecisionHawk Lancaster Hawkeye UA S s 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 le ngth 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 effi cient, 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 t he 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 , T he 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 o f 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 stabi lity 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 Lan caster 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 abro ad.

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 in22 compliance with operating documents (i.e., DJI Phant om 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 cooperati o n with local FSDOs, and in accordance wit h 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 un manned 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 requirement s 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 r ulemaking 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 syst em 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 a ircraft 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 r equirements 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
limit ations.

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, Rob oFlight 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 Sheet s , 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 manua l 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 UA S s 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 observe r 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. Proposed26 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
per mitted

.

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 o perated 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 li cense.

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 fl ight 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 accordan ce with the conditions and limitations stated in this grant of27 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 di screpancy 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 u pon 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 e xemption, 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 main taining 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 f or 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 the28 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 un der 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 airm an 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 participatin g 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 § 91.1 19.

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). Flights29 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 aeronautica l 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 enfo rcement 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 si gnal, 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 cond ucted 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 must30 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 Cont rol 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 fr om any moving device or vehicle without prior FAA coordination.

26. All f light 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 ar ises 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 stru ctures 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 essent ial persons are not considered

n on
- 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 fro m 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 appli cable 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 t hat 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 UAS s 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 se t 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 certificated32 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, 1 1110, 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 op erations 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 wa s 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 regulat ions 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 c onsistent with 14 CFR 61.51(b), 25 hours of total time as a UAS rotorcraft pilot including at least 10 hours logged as a UAS33 pilot with a multi

- rotor UAS. Prior to operations under Exemption No. 11062, the PIC must also have accumulated and logged a minimu m 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 fl ight 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

oper ate the DJI Phantom Series , The DJI Inspire 1, RoboFlight RF

- 70 and PrecisionHawk Lancaster Hawkeye UAS s unless that PIC has demonstrated, by meeting minimum flight

hour and currency requirements, that the PIC is able to safely operate the DJI Phantom
Se ries , 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 , The34 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, t he 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 UA S s 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 t he DJI Phantom Series , The DJI Inspire 1, RoboFlight RF

- 70 and PrecisionHawk Lancaster Hawkeye UA S s 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 gener ated 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
circumstan ces 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 T he 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 DJI35 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 ope rate the battery powered DJI Phantom Series , The DJI Inspire 1, RoboFlight
RF

- 70 and PrecisionHawk Lancaster Hawkeye UA S s during daylight hours in VFR conditions, n o 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 e quivalent 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 previ ously 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, 11 138, 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
be cause 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,
RoboF light RF

- 70 and PrecisionHawk Lancaster Hawkeye Instruction Manual s ). 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 Ser ies , 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 Lanca ster 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 has37 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 certificat ion 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 Ins pire 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

p ropeller, 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 find s 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
Phant om 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 Exe mption 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 may39 be granted pursuant to the authority of FMRA Section 333 and 14 C.F.R. Part 11, as se t 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 U ASs 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 t he 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 Ha wkeye 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 exemptio n 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 Inspi re 1, RoboFlight RF

- 7040 and PrecisionHawk Lancaster Hawkeye UASs commercially for the purpose of conducting aerial video and photography over certain areas of the United States.

Date d: June 15 , 2015

Respectfully submitted,

GROWMARK

_________________________ Dan Maggart GROWMARK 1701 Towanda Avenue Bloomington, IL 61702 Tel: ( 217) 480

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