Accurate Aerial Applications

David Fields

4111 W. 122nd St.

Perkins, Oklahoma 74059

November 27th, 2015

U.S. Dept. of Transportation, Docket Operations West Building Ground Floor, Room w12-140 1200 New 

Jersey Avenue, SE.,

Washington, DC 20590

Dear Sirs:

On behalf of Accurate Aerial Applications we would like to formally submit for an exemption from part 21, 

subpart H; and Sections 45.23(b), 91.7(a), 91.9(b)(2), 91.119, 91.121, 91.151(a), 91.203(a) and (b), 

91.405(a), 91.407(a)(1), 91.409(a)(2), and 91.417(a) and (b) of Title 14, Code of Federal Regulations (14 

CFR). This proposed exemption would allow our operation of unmanned aircraft systems (UAS) for the 

purpose of UAV based photo, video.

We also ask for exemption from all necessary parts (outlined below) of part 137 to allow us to use the small 

UAS to spray organic pesticides

on trees, shrubs, and small crops.

A letter stating that Accurate Aerial Applications is given permission to apply for a Pesticide Aerial Applicators

License and is certified to operate the UAS for the above stated commercial Ag. operations is also requested. 

The purpose of the letter is to submit to ODAFF (Oklahoma Dept. of Ag. Food and Forestry) instead of a 

Pilot’s License, when we apply for a Pesticide Aerial Applicators License. We already hold a private applicators 

license.

We will operate a UAS, the DJI S1000+ which is comprised of an unmanned aircraft, an attached camera, 

and a transportable ground station. 

The DJI S1000+ is an octocopter with a maximum gross weight of about 24 pounds. It is equipped with eight 

rotors that are driven by electric motors powered by batteries. The UA has a maximum airspeed of 

approximately 40 knots. We will operate the UA in various metropolitan and rural areas across the US.

The requested exemption would support an application for a commercial Certificate of Authorization 

to use the above described ME system to support Aerial Photography, Aerial Video & Cinematography, Real 

Estate Sales, and Agricultural Services (spraying organic pesticides on trees, shrubs, and small crops); all 

while never operating over persons not directly involved with the ME system.

The UAS, powered by batteries, is smaller, lighter and more maneuverable than larger aircraft 

running on combustible fuel, it operates at lower altitudes with no people on board and will 

thereby reduce current risk levels and thereby enhance safety and diminish the likelihood of death 

or serious bodily injury. With a small payload and maximum flight time of only 18 minutes, this offers little or

no risk to national security.

The pesticide sprayer is a high quality, light weight, sprayer with a maximum liquid capacity 

of 1 Gallon. The sprayer attaches to the underside of the UAS and sprays the pesticide with accuracy and

little to no drift. It is constructed from Titanium and Carbon Fiber.

Low level oblique photos and video from several angles are far more effective than ground- based 

imagery for displaying the characteristics of large, complex properties with several buildings and 

large trees. The alternative could be to charter a full-sized helicopter for this purpose, which 

has proven more costly than many potential clients are able to afford. The benefits of reduced cost 

and improved quality of presentation from the UA will be valuable to and benefit many buyers and 

sellers of real property and marine property.

Also,in many applications, aerial spraying has proven more economical and

effective than other spraying methods, increase productivity, lower costs, and
reduce the amount of chemicals used. Public benefits include greater

operator safety on steep/slippery hills and terrain, reduced chemical usage, reduced operator

and other human exposure to chemicals, no crop damage or soil compaction and greater fuel

efficiency. Thus the grant of the requested exemptions is in the public interest.

Additionally, we request that we be allowed to use our system to benefit first responders nearby 

who might require assistance, including fire fighters, the police, the sheriff, et al., while 

remaining subject to all limitations cited in this application as we do so.

EXEMPTION REQUESTS AND EQUIVALENT LEVEL OF SAFETY

Accurate Aerial Applications requests an exemption from the following regulations as well as any 

additional regulations that may technically apply to the operation of the ME System:

14 CFR Part 21, Subpart H: Airworthiness Certificates

This part establishes the procedures for the issuance of an airworthiness certificate. While the 

FAA continues to work to develop airworthiness standards for Unmanned Aerial Systems, we request an 

experimental certificate be issued for the ME System under either or both of the following 

provisions: 21.191 Experimental certificates.

Experimental certificates are issued for the following purposes:

(a) Research and development. Testing new aircraft design concepts, new aircraft equipment, new

aircraft installations, new aircraft operating techniques, or new uses for aircraft.

(b) Showing compliance with regulations. Conducting flight tests and other operations to show

compliance with the airworthiness regulations including flights to show compliance for issuance of

type and supplemental type certificates, flights to substantiate major design changes, and flights

to show compliance with the function and reliability requirements of the regulations. Since the

experimental certificate can be used for commercial purposes such as market surveys, sales

demonstrations, and customer crew training, we would expect that an experimental certificate would

permit our commercial purpose as well.

The aircraft will not carry persons or property, will not carry fuel, and will only fly under 

strict operational requirements. Combined with the UA’s light weight, being constructed primarily 

of carbon fiber and plastic, we propose that the UA will be at least as safe, if not safer, than a 

conventionally certificated aircraft performing the same mission.

If an experimental airworthiness certificate is not appropriate for this application, then we 

request an exemption of 14 CFR Part 21, Subpart H, and the requirement for an airworthiness 

certificate in general, citing the equivalent level of safety outlined in the previous paragraph.

14 CFR 91.203(a) & (b) Civil aircraft: Certifications required.

The regulation provides that an airworthiness certificate, with the registration number assigned to 

the aircraft and a registration certificate must be aboard the aircraft. Additionally, subparagraph

(b) provides that the airworthiness certificate be “displayed at the cabin or cockpit entrance so

that it is legible to passengers or crew.”

At a maximum gross weight of 24 pounds, the UA is too small to carry documentation, does not have

an entrance, and is not capable of carrying passengers or crew. To obtain an equivalent level of

safety and meet the intent of 91.203, we propose that documents deemed appropriate for this

aircraft by the FAA will be co-located with the crew at the ground control station and available

for inspection upon request. In order to identify the aircraft, we propose that the information

found on airworthiness and registration certificates be permanently affixed to the aircraft via

placard containing the following information plus the word “EXPERIMENTAL” to satisfy the

requirement of 14 CFR 45.23, which follows immediately after the proposed placard description
below:

Appendix A EXPERIMENTAL

Manufacturer: DJI Innovations, Inc. 950 E Baseline Ave. Ste. 210 Apache Junction AZ 85119 Models: 

S1000+

14 CFR 45.23 Display of marks; general and 45.29 Size of marks.

These regulations provide that each aircraft must display “N” and the aircraft’s registration 

number in letters at least 3 inches high. Additionally, the aircraft must display the word 

“EXPERIMENTAL” in letters at least 2 inches high near the entrance to the cabin, cockpit, or pilot 

station. The UA does not have an entrance in which the word “EXPERIMENTAL” can be placed, and may 

not have a registration number assigned to it by the FAA.

We propose to achieve an equivalent level of safety by including the word “EXPERIMENTAL” in the 

placard on the top of the aircraft, as shown above, where the PIC, VO and others in the vicinity of 

the aircraft while it is preparing for launch will be able to see the designation.

Additionally, we feel that the permanent placard discussed in the previous paragraph will provide 

the aircraft’s registration information at the ground station. Finally, we will display at the 

ground station a high contrast flag or banner that contains the words “Unmanned Aircraft Ground 

Station” in letters 3 inches high or greater. Since the aircraft will operate within 3/4 NM of the 

ground station, the banner should be visible to anyone that observes the aircraft and chooses to 

investigate its point of origin.

14 CFR 91.9 Civil aircraft flight manual, marking, and placard requirements.

This regulation provides that no person may operate an aircraft unless a current, approved flight 

manual is in the aircraft. We assume that the intent of this requirement is to ensure that flight 

manual information is available to the aircrew while operating the aircraft. We request an 

exemption to this requirement since the aircraft is not only too small to carry documentation, the 

documentation would not be available to the crew during flight operations.

To obtain an equivalent level of safety and meet the intent of 91.9, we propose that a current, 

approved UA Flight Manual (Appendix A) must be available to the crew at the ground station anytime 

the aircraft is in, or preparing for, flight.

14 CFR 61.113 Private pilot privileges and limitations: Pilot in Command and 61.133 Commercial 

pilot privileges and limitations.

The regulation provides that no person that holds a private pilot certificate may act as pilot in 

command of an aircraft for compensation or hire. Subparagraph (b) allows a private pilot to act as 

pilot in command 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.

Our proposed operations require that the PIC must:

1. Meet the requirements of 8900.227 para 16(c)(2)(c) “Operations without a pilot certificate” in

which the PIC is required to complete “FAA private pilot ground instruction” and pass “the FAA

Private Pilot written examination.”

Since the aircraft cannot carry passengers or property, we feel we meet the intent of

61.113 Subparagraph (b) even though the intent of this application is to conduct a business.

14 CFR 91.119 Minimum safe altitudes: General.

The regulation states that over sparsely populated areas the aircraft cannot be operated closer 

than 500 feet to any person, vessel, vehicle, or structure. Since the aircraft will be operating at 

a maximum of 400 feet AGL, we cannot comply with this requirement.

In order to provide an equivalent level of safety we will only fly over private property with the 
permission of the owner of the property flown over. 

The aircraft will not be operated over congested areas or over any open air assembly of persons. The 

property owner will be briefed on the expected route of flight and the associated risks to persons 

and property on the ground. The aircraft will be operated at a low altitude allowing, if a power 

unit fails, an emergency landing without undue hazard to persons or property on the surface.

Therefore we maintain that due to the small size of the UA, the hazard to persons, vehicles and 

structures is minimal compared to manned aircraft, which should be considered in granting the 

exemption.

14 CFR 91.121 Altimeter settings.

The regulation requires that aircraft shall maintain cruising altitudes by reference to an 

altimeter setting available within 100 NM of the aircraft.

The UA will always fly below 400 feet AGL and will not need to maintain cruising altitudes in order 

to prevent conflict with other aircraft. An Above Ground Level altimeter measurement above the 

takeoff point is transmitted via radio from the UA on-board computer to the display screen held by 

the PIC, providing a constantly updated AGL readout.

14 CFR 91.151 Fuel requirements for flight in VFR conditions.

The regulation provides that no person may begin a flight in an airplane under day-VFR conditions 

unless there is enough fuel to fly to the first point of intended landing and to fly after that for 

at least 30 minutes. We feel the intention of this paragraph is to provide an energy

reserve as a safety buffer for delays to landing. The UA is battery operated and the maximum 

duration of flight from a single battery charge is 18 minutes with a 20% reserve. Since the 

aircraft will never fly more than 3⁄4 NM from the point of intended landing, a full battery charge 

at launch will ensure that we meet the reserve energy requirement of this paragraph. We request an 

exemption to the word “fuel” and ask for an equivalent interpretation with the word “energy”.

14 CFR Subpart E (91.401 - 91.417) - Maintenance, Preventive Maintenance, Alterations

The regulation provides that the operator is primarily responsible for maintaining the aircraft in 

an airworthy condition, including compliance with part 39 and 43. Paragraphs 91.407 and

91.409 require that the aircraft be “approved for return to service by a person authorized under 

43.7” after maintenance and inspection.

It is our intention that the PIC perform maintenance and inspection of the aircraft and “be 

authorized to approve the aircraft for return to service.” As provided in the Pre-Flight Checklist 

in Appendix A, the PIC will ensure that the aircraft is in an airworthy condition prior to every 

flight and in addition conduct detailed inspections after every 7 hours of flight. Maintenance 

performed by the PIC is limited to repairing small cracks, replacing a propeller, checking 

electrical connections and updating software and firmware for the on-board computer. All other 

maintenance will be performed by the manufacturer or their designated repair facility. The PIC will 

document work performed in accordance with 91.417. We feel that due to the size, construction, and 

simplicity of the aircraft, the PIC can ensure an equivalent level of safety.

8900.227 Paragraph 16(c)(4) PIC Medical. and Paragraph 16(e)(1) Observer Medical.

This policy provides that both the PIC and VO must have a valid FAA second-class medical 

certificate issued under part 67 in order to perform as a pilot or observer. The UA maximum gross 

weight is 24 pounds, It is constructed of carbon fiber and plastic and the PIC is not on board. 

Both the PIC and the VO are required to be in VLOS. Given the unlikely event that both the PIC and 

VO become medically incapacitated while the aircraft is in flight, the UA will return autonomously 

to the site of launching and land without crew intervention.

Therefore, requiring the PIC and VO to meet the same medical requirements as a commercial pilot 

carrying passengers in a large aircraft is an unnecessary burden.

We propose that the minimum medical requirements for the PIC and VO be vision corrected to 20/20 
and a valid, state issued driver’s license. The 20/20 vision requirement will ensure that the PIC 

and VO can see and avoid air traffic; a licensed driver is medically qualified to operate a much 

larger vehicle.

APPENDIX A – FLIGHT MANUAL

FLIGHT RESTRICTIONS

a) No flight will be made with a UA Gross weight exceeding 55 pounds;

b) All operations must occur in FAA Class G airspace at no more than 400’ AGL, at an airspeed of no

more than 50 knots and no further than 3/4 NM from the PIC;

c) All operations must utilize a visual observer (VO). The VO and PIC must be able to communicate

verbally at all times during a flight operation;

d) Operations will be restricted to flights over property with the permission of the property

owner;

e) The PIC must have accumulated and logged, in a manner consistent with 14 CFR § 61.51 (b), a

minimum of 100 flight cycles and 25 hours of total time as a UA rotorcraft pilot.

f) All required permits will be obtained from state and local government prior to operation;

g) The ME System will not be operated over densely populated areas;

h) The ME System will not be operated at air shows;

i) The ME System will not be operated over any open-air assembly of people;

j) The ME System will not be operated over heavily trafficked roads;

k) The ME System will not be operated within 5 NM of an airport or heliport;

l) Operations will be restricted to day only and weather conditions equivalent to VFR;

m) The PIC will brief the VO and property owner about the operation and risk before the first

flight at each new location;

n) No flight may be made without a successful Pre-Flight Inspection by the PIC before each

operation to ascertain that the UA is in a condition safe for flight.

PREFLIGHT CHECKLIST

1. Remote controller, aircraft battery, and mobile device are fully charged.

2. Propellers are mounted correctly and firmly.

3. Micro-SD card has been inserted if necessary.

4. Gimbal is functioning as normal.

5. Motors can start and are functioning as normal.

6. DJI Pilot app connected to the aircraft.

TO REGAIN CONTROL AFTER LOST RADIO CONTACT

If radio contact is lost and not restored within 3 seconds, an automatic Return to Home feature

is activated and will bring the UAV back to the PIC.

Sincerely,

David Fields

Accurate Aerial Applications