UNITED STATES OF AMERICA 

DEPARTMENT OF TRANSPORTATION 

FEDERAL AVIATION ADMINISTRATION 

WASHINGTON, DC

Regulatory Docket No. _______________

IN THE MATTER OF THE PETITION FOR EXEMPTION OF:

MS Ag Solutions

FOR AN EXEMPTION SEEKING RELIEF FROM THE REQUIREMENTS OF 

TITLE 14 OF THE CODE OF FEDERAL REGULATIONS

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) CONCERNING COMMERCIAL 

OPERATION OF DJI PHANTOM 3 PROFESSIONAL and the AGRIBOTIX 

ENDURO QUADCOPTER UNMANNED AIRCRAFT SYSTEMS

PURSUANT TO SECTION 333 OF

THE FAA MODERNIZATION AND REFORM ACT OF 2012 

(PUBLIC LAW 112-95)

Submitted on February 20, 2016

MS Ag Solutions

Matthew Fischer

28808 437th Ave

Menno, SD 57045

Tel: (605) 212-0930

Email: msagsolutions387@gmail.com
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TABLE OF CONTENTS

Page 

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

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

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

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

BASIS FOR PETITION.........................................................................................................6

NAME AND ADDRESS OF PETITIONER.............................................................9

THE SPECIFIC SECTIONS OF 14 C.F.R. FROM WHICH MS AG SOLUTIONS

SEEKS EXEMPTION................................................................. 9

THE EXTENT OF RELIEF MS AG SOLUTIONS SEEKS AND THE REASON 

MS AG SOLUTIONS SEEKS THE RELIEF......................... 13

THE REASONS WHY GRANTING MS AG SOLUTIONS’S REQUEST 

WOULD BE IN THE PUBLIC INTEREST ................................................ 17

THE REASONS WHY GRANTING THE EXEMPTION WOULD NOT 

ADVERSELY AFFECT SAFETY..........................................................................20

CONCLUSION....................................................................................................................36

APPENDICES........................................................................................37
3

GLOSSARY OF ABBREVIATIONS

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

UA Unmanned Aircraft

UAS Unmanned Aircraft System

VFR Visual Flight Rules

VLOS Visual Line of Site

VMC Visual Meteorological Conditions

VTOL Vertical Takeoff and Landing
4

SUMMARY

MS AG SOLUTIONS seeks exemption from the requirements of 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), to operate Unmanned Aircraft Systems pursuant to Section 333 of the 

FAA Modernization and Reform Act of 2012 (FMRA). This exemption will permit MS 

AG SOLUTIONS, to operate an Unmanned Aircraft System (UAS) for the commercial 

purpose of conducting aerial video and photography of agricultural sites. 

INTRODUCTION AND INTERESTS OF THE PETITIONER

For well over 1 year, MS AG SOLUTIONS has provided its clients services 

specializing in agricultural commercial use. Essentially, MS AG SOLUTIONS uses their 

drones to assist customers in finding damage in fields due to hail, insects, flooding, etc. to 

help with their crop insurance customers. MS AG SOLUTIONS uses the data collected 

from the drone to give the producer a field health report, nitrogen deficient report, stand 

count report, weed identification report as well as videography or still photography of 

farms, fields, crops, etc. MS AG SOLUTIONS has voluntarily completed online training 

in flying their drones as well as spent considerable time studying the FAA rules and “No 

fly zones” in the area they are conducting business. MS AG SOLUTIONS is looking to 

share expertise and knowledge in advanced technologies and solutions to increase 

efficiency, productivity and effectiveness. The objective of MS AG SOLUTIONS’s aerial 

video and photography operations is to provide high quality imaging (under 400 ft) for 

agricultural use in South Dakota and the surrounding states.
5

BACKGROUND

Unmanned Aircraft Systems: DJI Phantom 3 Professional and Agribotix Enduro 

Quadcopter

MS AG SOLUTIONS seeks an exemption to operate its DJI Phantom 3 and 

Agribotix Enduro Quadcopter systems for compensation or hire within the NAS. 

DJI Phantom 3 Professional is a vertical takeoff and landing (VTOL) Unmanned 

Aircraft (UA) with a Ground Control Station (GCS) utilizing electronic tablet or smart 

phone systems. The DJI PHANTOM 3 PROFESSIONAL has a maximum gross weight of 

approximately 35.5 oz, while having a length of 17.25 inches width of 17.75 inches, height 

of 12 inches, and a maximum speed of approximately 20 knots. The DJI Phantom 3 

Professional UAs are equipped with four main rotors; driven by Lithium Polymer battery

powered electric motors.

DJI Phantom 3 Professional UAS that will be operated by MS AG SOLUTIONS is 

in the process of being 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. 

The AGRIBOTIX ENDURO QUADCOPTER is a vertical takeoff and landing 

(VTOL) Unmanned Aircraft (UA) with a Ground Control Station (GCS) utilizing 

electronic tablet or smart phone systems. The AGRIBOTIX ENDURO QUADCOPTER 

has a maximum gross weight of approximately 6 lbs. while having a length of 28 inches 

(Rotor center-to-center), and a cruising speed of approximately 30 mph. The AGRIBOTIX 

ENDURO QUADCOPTER UA has a maximum wind tolerance of 25 mph and is equipped

with a 3D Robotics Pixhawk flight controller with GPS; Four TBS 400kV LR motors and 
6

ESCs; Carbon fiber props; and 500 mW 915MHz telemetry radio with high-gain antenna. 

DJI Phantom 3 Professional UA and the AGRIBOTIX ENDURO QUADCOPTER that 

will be operated by MS AG SOLUTIONS is in the process of being 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, MS AG SOLUTIONS, 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 3 Professional UAS

and AGRIBOTIX ENDURO QUADCOPTER in the National Airspace System (NAS), 

and for an exemption from the requirements of 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). 

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

with the unmanned aircraft and its operation, MS AG SOLUTIONS’s operation of the DJI 

Phantom 3 Professional and the AGRIBOTIX ENDURO QUADCOPTER 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, MS AG SOLUTIONS 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. 
7

MS AG SOLUTIONS submits that the requested relief is proper since an 

equivalent level of safety will be ensured. MS AG SOLUTIONS will use experienced 

personnel or technicians to perform maintenance, alterations, or preventive maintenance on 

the UAS using the methods, techniques, and practices prescribed in the operating 

documents (i.e., Monthly Maintenance Log, DJI Phantom 3 Professional and AGRIBOTIX 

ENDURO QUADCOPTER Instruction Manuals). Furthermore, MS AG SOLUTIONS will 

document and maintain all maintenance records for the DJI Phantom 3 Professional and 

the AGRIBOTIX ENDURO QUADCOPTER UAS.

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

privileges and limitations: Pilot in command, is requested by MS AG SOLUTIONS to the 

extent necessary to allow a Pilot in Command (PIC) holding a private pilot or higher level 

certificate, as well as an airman medical certificate, and who has demonstrated, by meeting 

minimum flight- hour and currency requirements, that the PIC is able to safely operate the 

DJI Phantom 3 Professional and the AGRIBOTIX ENDURO QUADCOPTER UAS in a 

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

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

MS AG SOLUTIONS seeks relief from Section 91.7(a), entitled Civil aircraft 

airworthiness, because the DJI Phantom 3 Professional and the AGRIBOTIX ENDURO 

QUADCOPTER UAS does not require an airworthiness certificate in accordance with 14 

C.F.R. Part 21, Subpart H. As such, MS AG SOLUTIONS submits that he will ensure that 

the DJI Phantom 3 Professional and the AGRIBOTIX ENDURO QUADCOPTER UAS is

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

compliance with the operating documents (i.e. Monthly Maintenance Log, DJI Phantom 3 
8

Professional and AGRIBOTIX ENDURO QUADCOPTER Instruction Manuals), and that 

the aircraft is in a condition for safe flight. 

MS AG SOLUTIONS also seeks an exemption from the requirements of Section 

91.121, entitled Altimeter Settings, as DJI Phantom 3 Professional and AGRIBOTIX 

ENDURO QUADCOPTER UA will not have a typical barometric altimeter onboard. 

However, altitude information of DJI Phantom 3 Professional and AGRIBOTIX ENDURO 

QUADCOPTER UAs will be provided to the PIC via Global Positioning System (GPS) 

equipment and radio communications telemetry data link, which downlinks from the UA to 

the GCS for active monitoring of the flight path. This altitude information, combined with 

MS AG SOLUTIONS’s operation of DJI Phantom 3 Professional and AGRIBOTIX 

ENDURO QUADCOPTER UASs within visual line of sight, at or below 400 feet AGL, 

will ensure a level of safety equivalent to Section 91.121. 

Additionally, MS AG SOLUTIONS seeks an exemption from the requirements of 

Section 91.151(b), entitled Fuel requirements for flight in VFR conditions. MS AG 

SOLUTIONS submits that safety will not be affected by operation of DJI Phantom 3 

Professional and AGRIBOTIX ENDURO QUADCOPTER UAs during daylight hours in 

visual meteorological conditions (VMC) under visual flight rules (VFR), with enough 

battery power to fly for a total duration of approximately 13.5 minutes (Phantom 3 

Professional) or approximately 45 minutes (Agribotix Enduro Quadcopter) to the first 

point of intended landing and, assuming normal cruising speed, to fly after that for at least 

4.5 minutes.

In accordance with 14 C.F.R. § 11.81, MS AG SOLUTIONS provides the 

following information in support of its petition for exemption:
9

A. Name And Address Of The Petitioner.

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

MS Ag Solutions

Matthew Fischer

28808 437th Ave

Menno, SD 57045

Tel: (605) 212-0930

Email: msagsolutions387@gmail.com

B. The Specific Sections Of 14 C.F.R. From Which MS AG SOLUTIONS Seeks 

Exemption. 

1. MS AG SOLUTIONS Seeks Exemption From The Requirements Of Section 

61.113(a) And (b). 

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

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

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

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

hire; nor may that person, for compensation or hire, act as PIC of an aircraft. 

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

connection with any business or employment if—

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

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

2. MS AG SOLUTIONS Seeks Exemption From The Requirements Of Section 

91.7(a).

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. 

3. MS AG SOLUTIONS Seeks Exemption From The Requirements Of Section 

91.121. 
10

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

part: 

(a) Each person operating an aircraft shall maintain the cruising altitude or flight 

level of that aircraft, as the case may be, by reference to an altimeter that is set, 

when operating--

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

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

within 100 nautical miles of the aircraft; 

(ii) If there is no station within the area prescribed in paragraph (a)(1)(i) of 

this section, the current reported altimeter setting of an appropriate 

available station; or 

(iii) In the case of an aircraft not equipped with a radio, the elevation of the 

departure airport or an appropriate altimeter setting available before 

departure. 

4. MS AG SOLUTIONS 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 fuel to fly 

to the first point of intended landing and, assuming normal cruising speed, to 

fly after that for at least 20 minutes. 

5. MS AG SOLUTIONS Seeks Exemption From The Requirement Of Section 

91.405(a).

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[.] 

6. MS AG SOLUTIONS Seeks Exemption From The Requirements Of Section 

91.407(a)(1) 
11

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[.] 

7. MS AG SOLUTIONS Seeks Exemption From The Requirements Of 

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

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

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

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

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

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

chapter; or 

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

with part 21 of this chapter. 

8. MS AG SOLUTIONS Seeks Exemption From The Requirements Of 

Sections 91.417(a) And 91.417(b). 

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

following: 

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

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

specified in paragraph (b) of this section: 

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

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

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

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

include--

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

the work performed; and 

(ii) The date of completion of the work performed; and 
12

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

aircraft for return to service. 

(2) Records containing the following information: 

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

each rotor. 

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

propeller, rotor, and appliance. 

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

are required to be overhauled on a specified time basis. 

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

last inspection required by the inspection program under which the 

aircraft and its appliances are maintained. 

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

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

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

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

required. 

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

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

propellers, and appliances. 

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

prescribed: 

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

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

work is performed. 

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

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

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

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

approved for return to service. 

C. The Extent Of Relief MS AG SOLUTIONS Seeks And The Reason MS AG 

SOLUTIONS Seeks The Relief. 
13

1. Extent Of Relief MS AG SOLUTIONS Seeks And The Reason MS AG 

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

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

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

private pilot or higher level certificate, as well as a current and valid airman medical 

certificate, and who has met certain flight-hour and currency requirements, to conduct the 

proposed UAS flight operations for compensation or hire. 

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, MS AG SOLUTIONS submits that an equivalent 

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

PHANTOM 3 PROFESSIONAL or the AGRIBOTIX ENDURO QUADCOPTER UAS 

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

the PIC is able to safely operate the DJI Phantom 3 Professional and Agribotix Enduro 

Quadcopter UAS in a manner consistent with the operations specifications as described in 

this exemption, including evasive and emergency maneuvers, as well as maintaining 

appropriate distances from people, vessels, vehicles and structures.

Further, MS AG SOLUTIONS submits that all flights of DJI Phantom 3 

Professional and The AGRIBOTIX ENDURO QUADCOPTER UASs, conducted by the 

PIC pursuant to the grant of this Petition: (1) will be incidental to MS AG SOLUTIONS

and (2) will not carry passengers or property for compensation or hire.
14

2. Extent Of Relief MS AG SOLUTIONS Seeks And The Reason MS AG 

SOLUTIONS 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 MS AG SOLUTIONS to determine that DJI Phantom 3 

Professional and The AGRIBOTIX ENDURO QUADCOPTER UASs are in airworthy 

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

operating documents (i.e., the Aerial Operations Manual, Monthly Maintenance Log, DJI 

Phantom 3 Professional and The AGRIBOTIX ENDURO QUADCOPTER Instruction 

Manuals). 

MS AG SOLUTIONS seeks the requested relief because DJI Phantom 3 

Professional and The AGRIBOTIX ENDURO QUADCOPTER UASs do not require an 

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

AG SOLUTIONS will ensure that DJI Phantom 3 Professional and The AGRIBOTIX 

ENDURO QUADCOPTER UAS are in airworthy condition based upon its compliance 

with the operating documents (i.e., Monthly Maintenance Log, DJI Phantom 3 Professional

and the AGRIBOTIX ENDURO QUADCOPTER Instruction Manuals) prior to every

flight, and further, determine that the aircraft are in condition for safe flight, as stated in the 

conditions and limitations below.

3. Extent Of Relief MS AG SOLUTIONS Seeks And The Reason MS AG 

SOLUTIONS Seeks Relief From Section 91.121. 

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

flight operations of DJI Phantom 3 Professional and the Agribotix Enduro Quadcopter 

UASs, which utilize a barometric pressure sensor, GPS equipment, and a radio 

communications telemetry data link to downlink altitude information from the UA to the 

PIC at the ground control station (GCS). Since the FAA requires that any altitude 
15

information concerning UAS operations be reported to air traffic control (ATC) in feet 

above ground level (AGL), MS AG SOLUTIONS seeks the requested relief because DJI 

Phantom 3 Professional and Agribotix Enduro Quadcopter UAs altimeter may be set on the 

ground to zero feet AGL, rather than the local barometric pressure or field altitude, before 

each flight. 

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

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

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

be maintained since DJI Phantom 3 Professional and the Agribotix Enduro Quadcopter 

UAs are equipped with a barometric pressure sensor and GPS equipment, which 

automatically ensures that a ground level pressure setting will be established prior to each 

flight, and provides the PIC with altitude information of the UA on the heads-up display of 

the GCS. 

4. Extent Of Relief MS AG SOLUTIONS Seeks And The Reason MS AG 

SOLUTIONS 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 3 Professional and the Agribotix Enduro Quadcopter UAs during daylight hours 

in visual meteorological conditions (VMC), under visual flight rules (VFR), for a total 

duration of 13.5 minutes (Phantom 3 Professional) and approximately 45 minutes 

(Agribotix Enduro Quadcopter) to the first point of intended landing and, assuming normal 

cruising speed, to fly after that for at least 4.5 minutes. MS AG SOLUTIONS seeks the 

requested relief because without an exemption from Section 91.151(b), the flight time 

duration of the battery powered DJI Phantom 3 Professional and the Agribotix Enduro 
16

Quadcopter UAs will severely constrain the practicality of any aerial video or still photo 

flight operations that MS AG SOLUTIONS proposes to conduct pursuant to this Petition.

Significantly, as set forth below, the technical specifications of DJI Phantom 3 

Professional and the Agribotix Enduro Quadcopter UASs operating documents, and MS 

AG SOLUTIONS’s proposed operating limitations, ensure that MS AG SOLUTIONS will 

safely operate the battery powered DJI Phantom 3 Professional and the Agribotix Enduro 

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

visual flight rules (VFR), with enough battery power to fly for a total duration of 13.5 

minutes (Phantom 3 Professional) and approximately 45 minutes (Agribotix Enduro 

Quadcopter) to the first point of intended landing and, assuming normal cruising speed, to 

fly after that for at least 4.5 minutes.

5. Extent Of Relief MS AG SOLUTIONS Seeks And The Reason MS AG 

SOLUTIONS 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, MS AG SOLUTIONS requests 

relief from these Sections because DJI Phantom 3 Professional and the Agribotix Enduro 

Quadcopter UAS do not require airworthiness certificates. As set forth more fully below, 

DJI Phantom 3 Professional UAS meet the conditions of FMRA Section 333 for operation 

without an airworthiness certificate. Accordingly, MS AG SOLUTIONS will use trained 

technicians to perform maintenance, alterations, or preventive maintenance on the UAS 

using the methods, techniques, and practices prescribed in the UAS operating documents 

(i.e., Aerial Operations Manual, Monthly Maintenance Log, and DJI Phantom 3 

Professional and the Agribotix Enduro Quadcopter Instruction Manuals). Furthermore, MS 
17

AG SOLUTIONS will document and maintain all maintenance records for DJI Phantom 3 

Professional and the Agribotix Enduro Quadcopter UASs. 

D. The Reasons Why Granting MS AG SOLUTIONS’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 MS AG 

SOLUTIONS to safely, efficiently, and economically perform aerial video and 

photography of agricultural sites and landscape over certain areas of the United States.

Additionally, use of DJI Phantom 3 Professional and the Agribotix Enduro 

Quadcopter UAS will decrease congestion of the NAS, reduce pollution, and provide 

significant benefits to the economy. Notably, the benefits of MS AG SOLUTIONS’s 

proposed operation of DJI Phantom 3 Professional and the Agribotix Enduro Quadcopter

UAS will be realized without implicating any privacy issues.

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

DJI Phantom 3 Professional and the Agribotix Enduro Quadcopter 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 acquisitions, an exemption allowing the use of a DJI PHANTOM 

3 PROFESSIONAL and the Agribotix Enduro Quadcopter would reduce the amount of 

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

life and property in the air and on the ground. 

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

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

Phantom 3 Professional and the Agribotix Enduro Quadcopter UAs do not require an 

airport to takeoff or land. Likewise, a reduction of manned aircraft conducting aerial video 
18

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.

2. The Public Will Benefit From The Safety And Efficiency Of DJI Phantom 3 

Professional and the Agribotix Enduro Quadcopter UAS. 

Conducting aerial acquisitions with DJI Phantom 3 Professional and the Agribotix 

Enduro Quadcopter UAS, instead of manned aircraft, will greatly benefit the public by 

drastically reducing the levels of air and noise pollution generated during traditional aerial 

video and still photography flight operations. By using battery power and electric motors, 

DJI Phantom 3 Professional and the Agribotix Enduro Quadcopter UAS produce no air 

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

six cylinder internal combustion engine aircraft that are typically utilized for aerial video 

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

fuel. DJI Phantom 3 Professional and the Agribotix Enduro Quadcopter UAs, while 

reducing the carbon footprint of aerial acquisitions, also eliminates noise pollution, as the 

UAs are propelled by battery powered electric motors, rather than an internal combustion 

engine. 

By using DJI Phantom 3 Professional and the Agribotix Enduro Quadcopter UAS

to perform aerial acquisitions, 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, DJI Phantom 3 Professional and the Agribotix 

Enduro Quadcopter UAS (see attached spec sheets) has less physical potential for 

collateral damage to life and property on the ground, and in the air, compared to the 
19

manned aircraft that typically conduct similar operations (weighing approximately 6,000 

pounds with a wingspan of approximately 42 feet, a length of 34 feet, and a fuel capacity 

of 180 gallons). 

3. Performing Aerial Video and Photography Operations With DJI Phantom 3 

Professional and the Agribotix Enduro Quadcopter UAS Will Benefit The 

Economy.

In addition to being safe and efficient, DJI Phantom 3 Professional and the 

Agribotix Enduro Quadcopter UAS are also an economical alternative to using manned 

aircraft to conduct similar aerial operations. As such, operation of DJI Phantom 3 

Professional and the Agribotix Enduro Quadcopter UAS will allow United States based 

companies, like MS AG SOLUTIONS, to remain competitive and contribute to growth of 

the U.S. economy. Specifically, with the rising cost of aviation fuel and the Environmental 

Protection Agency (“EPA”) regulatory actions phasing out leaded aviation fuels, U.S. 

owned and operated companies must adopt new and alternative technology in order to 

remain competitive. Operating the battery powered DJI Phantom 3 Professional and the 

Agribotix Enduro Quadcopter UAS is one such technology that not only allows companies 

greater operational flexibility compared to manned aircraft, but provides such flexibility

without the high operational cost of a traditional manned aircraft. 

By operating DJI Phantom 3 Professional and the Agribotix Enduro Quadcopter 

UAS, companies such as MS AG SOLUTIONS, can remain competitive and profitable, 

and therefore, provide greater job stability to employees and contractors, which will 

ultimately contribute to growth of the U.S. economy. Improved financial performance of 

U.S. companies, through commercial use of DJI Phantom 3 Professional and the Agribotix 

Enduro Quadcopter UAS, provides a stable workforce that increases consumer spending; 
20

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

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

4. There Are No Privacy Issues. 

Similar to the manned aerial acquisition flight operations that have been conducted for 

decades, MS AG SOLUTIONS’s proposed operation of DJI Phantom 3 Professional and 

the Agribotix Enduro Quadcopter UAS will not implicate any privacy issues. Specifically, 

DJI Phantom 3 Professional and the Agribotix Enduro Quadcopter UAS will be operated 

only in compliance with operating documents (i.e., the Aerial Operations Manual, Monthly

Maintenance Log, and Instruction Manuals) which requires property owner involvement as 

well as local law enforcement notification, and in accordance with the Federal Aviation 

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

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

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

Provided By The Rule From Which MS AG SOLUTIONS Seeks Exemption. 

1. Reasons Why DJI Phantom 3 Professional and the Agribotix Enduro 

Quadcopter UAS Meet the Conditions of the FAA Modernization and

Reform Act of 2012 (FMRA) Section 333. 

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

with the unmanned aircraft and its operation, MS AG SOLUTIONS’s operation of DJI 

Phantom 3 Professional and the Agribotix Enduro Quadcopter UAS meet the conditions of 

FMRA Section 333, and will not require an airworthiness certificate in accordance with 14 

C.F.R. Part 21, Subpart H. 

Section 333 provides authority for a UAS to operate without airworthiness 

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

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

Specifically, FMRA Section 333 states the following, in part: 
21

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

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

Transportation shall determine if certain unmanned aircraft systems may 

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

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

section 334 of this Act. 

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

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

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

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

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

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

threat to national security; and

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

airworthiness certification under section 44704 of title 49, United States 

Code, is required for the operation of unmanned aircraft systems 

identified under paragraph (1). 

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

section that certain unmanned aircraft systems may operate safely in the 

national airspace system, the Secretary shall establish requirements for the safe 

operation of such aircraft systems in the national airspace system. 

In seeking this exemption, MS AG SOLUTIONS submits that DJI Phantom 3 

Professional and the Agribotix Enduro Quadcopter UAS can operate safely in the NAS 

pursuant to FMRA Section 333, as demonstrated by: (a) the characteristics of DJI Phantom 

3 Professional and the Agribotix Enduro Quadcopter UAS; (b) the pilot certification 

requirement; and (c) the specific operating limitations. 

a. The Specifications Of DJI Phantom 3 Professional and the Agribotix 

Enduro Quadcopter UAS Demonstrate Its Safe Characteristics.

DJI Phantom 3 Professional and the Agribotix Enduro Quadcopter UAS 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. 

i. Technical Specifications Of DJI Phantom 3 Professional and 

Agribotix Enduro Quadcopter UAS. 
22

The technical specifications of DJI Phantom 3 Professional UAS are set forth by

DJI Phantom 3 Professional Specifications and Data Sheet, attached hereto as Exhibit A.

The technical specifications of the Agribotix Enduro Quadcopter UAS are set forth by

Agribotix Specifications and Data Sheet, attached hereto as Exhibit B. 

ii. DJI Phantom 3 Professional and the Agribotix Enduro Quadcopter

UAS Autonomous Flight And Navigation Modes Enable The UAS To 

Remain Within A Defined Operational Area. 

DJI Phantom 3 Professional and the Agribotix Enduro Quadcopter UAS may be 

operated in both manual and fully autonomous flight modes. A complete description of the 

flight and navigational modes of DJI Phantom 3 Professional and the Agribotix Enduro 

Quadcopter UAS is provided in each of the User Manuals. 

iii. DJI Phantom 3 Professional and the Agribotix Enduro Quadcopter

UAS 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, DJI Phantom 3 Professional and the Agribotix 

Enduro Quadcopter UAS will remain stationary, in flight, for 3 seconds or more. If, after 3 

seconds, DJI Phantom 3 Professional and the Agribotix Enduro Quadcopter UAS 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.

iv. DJI Phantom 3 Professional and the Agribotix Enduro Quadcopter

GCS And Its Operation.

A complete description of the operation and specifications of DJI Phantom 3 

Professional and the Agribotix Enduro Quadcopter GCS and flight control software is 

provided in each User Manual.
23

b. Flight Operations Of DJI Phantom 3 Professional and the Agribotix 

Enduro Quadcopter UAS Are Limited To The Line Of Sight Of A 

Certificated Pilot in Command With A Safety Observer. 

MS AG SOLUTIONS will only utilize certificated pilots who possess a current and 

valid airman medical certificate to act as a pilot in command (PIC) of DJI Phantom 3 

Professional and the Agribotix Enduro Quadcopter UAS. Additionally, a safety observer 

will assist all pilots during flight time. 

c. Flights Of DJI Phantom 3 Professional and the Agribotix Enduro 

Quadcopter UAS Will Be Conducted Pursuant To Specific Operating 

Limitations. 

In seeking this exemption, MS AG SOLUTIONS proposes to commercially operate 

DJI Phantom 3 Professional and the Agribotix Enduro Quadcopter UAS 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 will be limited to the following 

aircraft described in the operating documents, rotorcraft UASs weighing less 

than 55 pounds maximum gross weight: DJI Phantom 3 Professional and the 

Agribotix Enduro Quadcopter UAS. Proposed operations of any other aircraft 

will require a new petition or a petition to amend this grant. 

2. UAS operations under this exemption will be limited to conducting operations 

for the purpose of collecting data via aerial video and photography.

3. The UAs may not be flown at an indicated airspeed exceeding 20 knots.

4. The UA must be operated at an altitude of no more than 400 feet above ground 

level (AGL), as indicated by the procedures specified in the operating 

documents unless a special request is made and approved by ATC. All altitudes 

reported to ATC must be in feet AGL. 

5. The UAs must be operated within visual line of sight (VLOS) of the PIC at all 

times. This requires the PIC to be able to use human vision unaided by any 

device other than corrective lenses, as specified on the PIC’s FAA-issued airman 

medical certificate. 

6. The SO must not perform any other duties beyond assisting the PIC with seeing 

and avoiding other air traffic and other ground based obstacles/obstructions and 

is not permitted to operate the camera or other instruments. 
24

7. The operating documents and the grant of exemption must be accessible during 

UAS operations and made available to the Administrator upon request. If a 

discrepancy exists between the conditions and limitations contained in the grant 

of exemption and the procedures outlined in the operating documents, the 

conditions and limitations contained in the grant of exemption 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 upon request. 

The operator must also present updated and revised documents if it petitions for 

extension or amendment to the grant of exemption. If the operator determines 

that any update or revision would affect the basis upon which the FAA granted 

the exemption, then the operator must petition for 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. Prior to each flight the PIC must inspect the UAS to ensure that it is in a 

condition for safe flight. If the inspection reveals a condition that affects the 

safe operation of the UAS, the aircraft is prohibited from operating until the 

necessary maintenance has been performed and the UAS is found to be in a 

condition for safe flight. The Ground Control Station must be included in the 

preflight inspection. All maintenance and alterations must be properly 

documented in the aircraft records.

9. 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. The PIC who conducts the 

functional test flight must make an entry in the aircraft records. 

10. The pre-flight inspection must account for all potential discrepancies, e.g. 

inoperable components, items, or equipment, not already covered in the 

relevant sections of the operating documents. 

11. The operator must follow the UAS manufacturer’s aircraft/component, 

maintenance, overhaul, replacement, inspection, and life limit requirements. 

12. The operator must carry out its maintenance, inspections, and record keeping 

requirements, in accordance with the operating documents. Maintenance, 

inspection, alterations, and status of replacement/overhaul component parts 

must be noted in the aircraft records, including total time in service, description 

of work accomplished, and the signature of the authorized person returning the 

UAS to service. 

13. Each UASs operated under this exemption must comply with all manufacturer 

Safety Bulletins. 
25

14. The authorized person must make an entry in the aircraft record of the 

corrective action taken against discrepancies discovered between inspections. 

15. The PIC must possess at least a private pilot certificate and at least a current 

third- class medical certificate. 

16. The operator may not permit any PIC to operate unless the PIC meets the 

operator’s qualification criteria and demonstrates the ability to safely operate 

the UAS in a manner consistent with how the UAS will be operated under the 

exemption, including evasive and emergency maneuvers and maintaining 

appropriate distances from persons, vessels, vehicles and structures. PIC 

qualification flight hours must be logged in a manner consistent with 14 C.F.R. 

§ 61.51(b). Flights for the purposes of training the operator’s PICs are 

permitted under the terms of the 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 C.F.R. § 

91.119. 

17. UAS operations may not be conducted during night, as defined in 14 C.F.R. § 

1.1. All operations must be conducted under visual meteorological conditions 

(VMC). If flight at night is required, a special request will be made at the FAA 

office closest to proposed area of operations. Flights under special visual flight 

rules (SVFR) are not authorized. 

18. The UA may not operate within 5 nautical miles of an airport reference point as 

denoted on a current FAA-published aeronautical chart unless a letter of 

agreement with that airport’s management is obtained, and the operation is 

conducted in accordance with a NOTAM as required by the operator’s COA.

The letter of agreement with the airport management must be made available to 

the Administrator upon request. 

19. 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. 

20. If the UA loses communications or loses its GPS signal, it must return to a predetermined location within the planned operating area and land or be recovered 

in accordance with the operating documents. 

21. The PIC must abort the flight in the event of unpredicted obstacles or 

emergencies in accordance with the operating documents. 

22. The PIC is prohibited from beginning a flight unless (considering wind and 

forecast weather conditions) there is enough power to fly at normal cruising 

speed to the intended landing point and land the UA with 25% battery power 

remaining. 
26

23. The operator must obtain an Air Traffic Organization (ATO) issued Certificate 

of Waiver or Authorization (COA) prior to conducting any operations under the 

grant of exemption. This COA will also require the operator to request a Notice 

to Airman (NOTAM) not more than 72 hours in advance, but not less than 48 

hours prior to the operation. All operations shall be conducted in accordance 

with airspace requirements in the ATO issued COA including class of airspace, 

altitude level and potential transponder requirements. 

24. All aircraft operated in accordance with the exemption must be identified by

serial number, registered in accordance with 14 C.F.R. part 47, and have 

identification (N- Number) markings in accordance with 14 C.F.R. part 45, 

Subpart C. Markings must be as large as practicable. 

25. Before conducting operations, the radio frequency spectrum used for operation 

and control of the UA must comply with the Federal Communications 

Commission (FCC) or other appropriate government oversight agency

requirements. 

26. The documents required fewer than 14 C.F.R. 91.9 and 91.203 must be 

available to the PIC at the Ground Control Station of the UAS any time the 

UAS is operating. These documents must be made available to the 

Administrator or any law enforcement official upon request. 

27. The UA must remain clear and yield the right of way to all manned aviation 

operations and activities at all times. 

28. The UAS may not be operated by the PIC from any moving device or vehicle.

29. Flight operations must be conducted at least 500 feet from all nonparticipating 

persons (persons other than the PIC, SO, operator trainees or essential persons), 

vessels, vehicles, and structures unless: 

a. Barriers or structures are present that sufficiently protect nonparticipating 

persons from the UA and/or debris in the event of an accident. The 

operator must ensure that nonparticipating persons remain under such 

protection. If a situation arises where nonparticipating persons leave such 

protection and are within 500 feet of the UA, flight operations must cease 

immediately and/or; 

b. The aircraft is operated near vessels, vehicles or structures where the 

owner/controller of such vessels, vehicles or structures has granted 

permission 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, and; 

c. Operations nearer to the PIC, SO, operator trainees or essential persons 

do not present an undue hazard to those persons per § 91.119(a). 
27

30. All operations shall be conducted over private or controlled-access property

with permission from the land owner/controller or authorized representative. 

Permission from land owner/controller or authorized representative will be 

obtained for each flight to be conducted.

31. Any incident, accident, or flight operation that transgresses the lateral or 

vertical boundaries of the operational area as defined by the applicable COA 

must be reported to the FAA's UAS Integration Office (AFS-80) within 24 

hours. Accidents must be reported to the National Transportation Safety Board 

(NTSB) per instructions contained on the NTSB Web site: www.ntsb.gov. 

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

And (b) Would Not Adversely Affect Safety.

MS AG SOLUTIONS 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 

DJI Phantom 3 Professional and the Agribotix Enduro Quadcopter UAS unless that PIC 

has demonstrated, by meeting minimum flight-hour and currency requirements, that the 

PIC is able to safely operate the DJI PHANTOM 3 PROFESSIONAL and the Agribotix 

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

emergency maneuvers and maintaining appropriate distances from people, vessels, 

vehicles and structures. 

Considering MS AG SOLUTIONS’s proposed area of operations, and the operating 

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

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

the airmanship skills necessary to safely operate the DJI PHANTOM 3 PROFESSIONAL

and the AGRIBOTIX ENDURO QUADCOPTER UAS, MS AG SOLUTIONS submits 

that the additional manned airmanship experience of a commercially certificated pilot 

would not correlate to the airmanship skills necessary for MS AG SOLUTIONS’s specific 

proposed flight operations. 
28

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

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

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

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

MS AG SOLUTIONS will not allow any PIC to operate the DJI PHANTOM 3 

PROFESSIONAL or the AGRIBOTIX ENDURO QUADCOPTER UAS unless that PIC 

has demonstrated, by meeting minimum flight-hour requirements or the training and 

currency requirements, that the PIC is able to safely operate the DJI PHANTOM 3 

PROFESSIONAL or the AGRIBOTIX ENDURO QUADCOPTER UAS in a manner 

consistent with this exemption, including evasive and emergency maneuvers and 

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

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

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

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

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

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

purposes).

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

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

equivalent level of safety during MS AG SOLUTIONS’s proposed operations. The 

Administrator has held that prior documented flight experience that was obtained in 

compliance with applicable regulations would ensure safe operations, stating as follows: 

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

the purpose of motion picture filming (or similar operations), the PIC must have 
29

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

Accordingly, MS AG SOLUTIONS will ensure safe operations by not allowing any PIC to 

operate the DJI Phantom 3 Pro or the Agribotix Enduro Quadcopter UAS unless that PIC 

has demonstrated, by meeting minimum flight-hour and currency requirements, that the 

PIC is able to safely operate the DJI Phantom 3 Pro or the Agribotix Enduro Quadcopter

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, MS AG SOLUTIONS will ensure that the DJI Phantom 3 

Professional and the Agribotix Enduro Quadcopter 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. 
30

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

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

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

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

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

Would Not Adversely Affect Safety.

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

because the altitude information of DJI Phantom 3 Professional and the Agribotix Enduro 

Quadcopter UAS 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 MS 

AG SOLUTIONS’s operation of DJI Phantom 3 Professional and the Agribotix Enduro 

Quadcopter UAS within visual line of sight, at or below 400 feet AGL, will ensure a level 

of safety equivalent to Section 91.121. The altitude information will be generated by GPS 

equipment installed onboard the aircraft. Prior to each flight, a zero altitude initiation point 

is automatically established by the UASs at ground level. 

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

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

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

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

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

Would Not Adversely Affect Safety.

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

14 C.F.R. Section 91.151(b) as a result of (1) the technical specifications of DJI Phantom 3 

Professional and the Agribotix Enduro Quadcopter UAS; (2) the limitations on the 
31

proposed flight operations; and (3) the location of the proposed flight operations. 

Accordingly, MS AG SOLUTIONS will ensure that it will safely operate the battery

powered DJI Phantom 3 Professional and the Agribotix Enduro Quadcopter UAS during 

daylight hours in VFR conditions, with enough battery power to fly for a total duration of 

13.5 minutes (Phantom 3 Professional) and approximately 45 minutes (Agribotix Enduro 

Quadcopter) to the first point of intended landing and, assuming normal cruising speed, to 

fly after that for at least 4.5 minutes.

Here, the technical specifications of DJI Phantom 3 Professional and the Agribotix 

Enduro Quadcopter UAS; the limitations on the proposed flight operations; and the 

location of the proposed operations, will ensure an equivalent level of safety established by 

14 C.F.R. Section 91.151(b). Furthermore, safety will be ensured as DJI Phantom 3 

Professional and the Agribotix Enduro Quadcopter UAS 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 Professional and the Agribotix Enduro Quadcopter UAS will descend and land 

automatically.

Significantly, previous exemptions granted by the FAA concerning Section 91.151 

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

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

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

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

from Section 91.151 specific to UAS, in circumstances similar, in all material respects, to 
32

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

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

11157, 11158, 11159, 11160, 11161). 

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, MS AG SOLUTIONS submits that the equivalent level 

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

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

met because MS AG SOLUTIONS will use trained technicians to perform maintenance, 

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

practices prescribed in the operating documents (i.e., the Aerial Operations Manual, 

Monthly Maintenance Log, DJI Phantom 3 Professional and the Agribotix Enduro 

Quadcopter Instruction Manuals). Furthermore, MS AG SOLUTIONS will document and 

maintain all maintenance records for the DJI Phantom 3 Professional and the Agribotix 

Enduro Quadcopter UASs. 

Since DJI Phantom 3 Professional UAS will be inspected as prescribed by the 

operating documents, MS AG SOLUTIONS will maintain the equivalent level of safety 

established by Sections 91.405(a), 91.409(a)(1), and 91.409(a)(2). A copy of UAS 

Maintenance Log is attached hereto as Exhibit C. 

Likewise, the exemption sought will not adversely affect safety because MS AG 

SOLUTIONS will use trained technicians to perform maintenance, alterations or 

preventive maintenance on the UAS using the methods, techniques, and practices 

prescribed by the operating documents. 
33

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 DJI 

Phantom 3 Professional and the Agribotix Enduro Quadcopter UAS 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 MS AG SOLUTIONS’s proposed operating limitations, the 

operating documents, and the technical aspects of DJI Phantom 3 Professional and the 

Agribotix Enduro Quadcopter UAS, MS AG SOLUTIONS submits that safety will not be 

adversely affected by granting exemption from 14 C.F.R. Sections 91.405(a), 91.407(a)(1) 

and (a)(2), 91.409(a)(2), and 91.417(a) and (b). The FAA has 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, MS AG SOLUTIONS

requests that the FAA prescribe special conditions for the intended operation of DJI 

Phantom 3 Professional UAS, 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. 
34

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 collecting data 

for customers using aerial video and photography over certain areas of the United States 

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

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

threat to national security; and further, provides the authority for such UAS to operate 

without airworthiness certification in accordance with any requirements that must be 

established for the safe operation of the UAS in the NAS. 

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

§ 21.16, for operation of DJI Phantom 3 Professional and the Agribotix Enduro 

Quadcopter UAS, since the airworthiness regulations of 14 C.F.R. Part 21 do not contain 

adequate or appropriate safety standards, due to the novel or unusual design features of the 

aircraft. Section 21.16, entitled Special Conditions, states the following: 

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

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

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

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

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

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

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

the regulations. 

See 14 C.F.R. § 21.16.

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

may prescribe special conditions for MS AG SOLUTIONS intended operation of DJI 

Phantom 3 Professional and the Agribotix Enduro Quadcopter UAS, which contain such 

safety standards that the Administrator finds necessary to establish a level of safety 
35

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 MS AG SOLUTIONS Seeks Exemption: 

MS AG SOLUTIONS seeks exemption from the requirements of 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). 

A Brief Description Of The Nature Of The Exemption MS AG SOLUTIONS

Seeks: 

This exemption will permit MS AG SOLUTIONS to commercially operate an 

Unmanned Aircraft System (UAS) for the purpose of collecting and providing 

agricultural data through aerial video and photography over certain areas of the 

United States.

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

SOLUTIONS’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, MS AG SOLUTIONS’s request for 

exemption may be granted pursuant to the authority of FMRA Section 333 and 14 C.F.R. 

Part 11, as set forth above. 

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

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

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

certification. 

As discussed in detail above, MS AG SOLUTIONS will operate DJI Phantom 3 

Professional and the Agribotix Enduro Quadcopter UAS safely in the NAS, without 
36

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

security. 

CONCLUSION

As set forth herein, MS AG SOLUTIONS 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 DJI Phantom 3 Professional and the Agribotix Enduro Quadcopter UAS

commercially, without an airworthiness certificate, for the limited purpose of collecting and 

providing its customers agricultural data through aerial video and photography over certain areas of 

the United States. By granting this Petition, the FAA Administrator will be fulfilling the 

Congressional mandate of the FAA Modernization and Reform Act of 2012, while also advancing 

the interests of the public, by allowing MS AG SOLUTIONS to safely, efficiently, and 

economically operate DJI Phantom 3 Professional UAS commercially within the NAS. 

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

Modernization and Reform Act of 2012, Section 333, MS AG SOLUTIONS respectfully requests 

that the Administrator grant this Petition for an exemption from the requirements of 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), and permit MS AG SOLUTIONS to operate DJI Phantom 3 

Professional and the Agribotix Enduro Quadcopter UAS commercially for the purpose of 

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

Dated: February 20, 2016

Respectfully submitted,

MS AG SOLUTIONS

Matthew Fischer

28808 437th Ave

Menno, SD 57045

Tel: (605) 212-0930

Email: Paul@remde.us
37

Appendices:

A – DJI Phantom 3 Professional Specifications Data Sheet

B - Agribotix Enduro Quadcopter Specifications Data Sheet

C - Monthly Maintenance Log
38

APPENDIX – A

DJI PHANTOM 3 PROFESSIONAL SPECIFICATIONS

MS AG SOLUTIONS only utilizes safe and reliable UAS. DJI Phantom 3 Pro is an 

industry leader in small UAS production. DJI Phantom 3 Pro UAS are loaded with ground 

breaking software enabling the user to set parameters which will not allow flight into 

controlled airspace. Parameters can also be set to limit flight to no higher than a 

predetermined and set altitude as well as limit flight to a predetermined and set distance. In 

addition, DJI software provides real-time altitude and location information to the PIC via 

the linked monitor (smart phone/tablet devices).

Aircraft

Supported Battery – 3000mAh 3S 11.1V 20C Li-Po Battery

Weight (Battery & Propellers Included) – 35.5 oz (1280 g)

Hover Accuracy (Ready to Fly) – Vertical: .5m; Horizontal: 1.5m

Max Yaw Angular Velocity - 2000/s

Max Tilt Angel - 350

Max Ascent Speed – 5m/s

Max Descent Speed – 3m/s

Max Flight Speed – 16m/s (NOT RECOMMENDED), no wind

Camera

Video Resolution: Up to 4K @ 30 fps

Photo Resolution: 12 Megapixal

Video Format:MP4 or MOV

Photo Format: Adobe DNG RAW and JPEG

Features: Adjustable White Balance, ISO, Exposure, Shutter Speed and 

color filters

Gimbal Controllable range: Pitch -90 to +30 degrees
39

APPENDIX – B

AGRIBOTIX ENDURO SPECIFICATIONS 

FLIGHT HARDWARE

3D Robotics Pixhawk flight controller with GPS

Four TBS 400kV LR motors and ESCs

Carbon fiber props (15”x6.5”), spare set included

Eight Tattu 4000mAh, 6S, 10C flight batteries (2 per flight)

500mW 915MHz telemetry radio with high-gain antenna

Imaging Hardware

IR: GoPro Hero4 Silver with non-distortion lens and red-notch filter

Optional GP Hero4 Silver RGB camera with non-distortion lens

Ground Control Equipment

PC laptop preloaded with all necessary software

Bluetooth bridge telemetry

FrSky Taranis RC Transmitter

Flight Spec Enduro Drone

Size (Rotor center-to-center) 28 in (71 cm)

Weight 6 lbs (2.72 Kg)

Cruising Speed 30 mph (48 km/hr)

Linear Flight Distance 13 Miles (21 km)

Flight Endurance 25 min

Maximum Wind Tolerance 25 mph (40 km/hr)

Acres Covered/Flight 160 acres (65 ha)

Telemetry Range 1 mile (1.6 km)

Batteries 2
40

Appendix C

DJI Phantom Professional 3 Maintenance Log 

month:_________(year:________

UAS$#:$___________

Date(Issue(

Discovered

Date(Issue(

Addressed

Software(Updates

Airframe(

Engines

Propellers

Camera(Gimbal

Landing(Gear

Vibration(Dampening

Other:

MONTHLY$MAINTENANCE$LOG

Issue(Description(&(Maintenance(Conducted

Maintenance(Performed(By:(((

Print(&(Sign