UNITED STATES OF AMERI CA DEPARTMENT OF TRANSPORTATION FEDERAL AVIATION ADMINISTRATION

WASHI NGTON, 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) CO NCERNING COMMERCIAL**  **OPERATION OF DJI PHANTOM 3 PROFESSIONAL**  **and the AGRIBOTIX E**  **N DURO QUADCOPTER UNMA** **NNED 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 437 th Ave Menno, SD 57045 Tel: ( 605 ) 212

- 0930 Email: msagsolutions387@gmail.com2 **TABLE OF CONTENTS** Page GLOSSARY OF ABBREVIATIONS...................................................................................3 SUM MARY......................................................................................................................... ..4 IN TRODUCTION AND INTERESTS OF PETITIONER....................................................4 BACKGROUND...................................................................................................................

. 5 BASI S FOR PETITION.......................................................................... ...............................6 NAME AND ADDRESS OF PETITIONER.............................. ...............................9 THE SPECIFI C SECTIONS OF 14 C.F.R. FROM WHI CH MS AG SOLUTIONS SEEKS EXEMPTI ON................................................................. 9 THE EXTENT OF RELIEF MS AG SOLUTIONS SEEKS AND THE REASON MS AG SOLUT IONS SEEKS THE RELIEF......................... 1 3 THE REASONS WHY GRANTING MS AG SOLUTIONS ’S REQUEST WOULD BE IN THE PUBLIC INTEREST .........................

....................... 1 7 THE REASONS WHY GRANTING THE EXEMPTI ON WOULD NOT ADVERSELY AFFECT SAFETY............................................

.............. ................20 CONCLUSION.......................................................................................

..................... ........36 APPENDI CES........................................................................................3 73 **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 Sy stem NOTAM Notice to Airman PI C 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 Sy stem VFR Visual Flight Rules VLOS Visual L ine of Site VMC Visual Meteorological Conditions VTOL Vertical Takeoff and Landing4 **SUMMARY** MS AG SOLUT IONS 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 System s 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 Sy stem (UAS) for the commercial purpose of conducting aerial video and photography of agricultural sites

. **INTRODUCTION AND INTERESTS OF THE PETITIONER** For well over 1 ye ar, 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 SOLUT IONS 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 videograph y or still photograph y of farms, fields, crops, etc. MS AG SOLUT IONS 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 photograph y operation s is to provide high quality imaging (under 400 ft) for agricultural use in South Dakota and the surrounding states.5 **BACKGROUND** Unmanned Aircraft Sy stem s : DJIPhantom 3 Professional and Agribotix Enduro Quadcopter MS AG SOLUT IONS seeks an exemption to operate its DJ I Phantom 3 and Agribotix Enduro Quadcopter sy stems for compensation or hire within the NAS

. DJIPhantom 3 Professional is a vertical takeoff and landing (VTOL) Unmanned Aircraft (UA) with a Ground Control Station (GCS) utilizing electronic tablet or smart phone sy stems. The DJ I PHANTOM 3 PROFESSIONAL has a maximum gross weight of approximately 35.5 oz, whi le having a length of 1 7.25 inches width of 1 7.75 inches, height of 12 inches, and a m aximum speed of approximately 20 knots. The DJ I Phantom 3 Professional UAs are equipped with four main rotors; driven b y Li thium Poly mer battery powered electric motors. DJIPhantom 3 Professional UA S that will be operated b y 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 o r smart phone sy stems. 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 s peed of approximately 30 mph. The AGRIBOTIX ENDURO QUADCOPTER UA has a m aximum wind tolerance of 25 mph and is equipped with a 3D Robotics Pixhawk flight controller with GPS; Four TBS 400kV LR motors and6

ESCs; Carbon fiber props; and 500 mW 915MHz telemetry radio with high

- gain antenna. DJIPhantom 3 Professional UA and the AGRIBOTIX ENDURO QUADCOPTER that will be operated b y 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 , hereb y petitions the Administrator to commercial ly operate the DJ I Phantom 3 Professional UAS and AGRIBOTIX ENDURO QUADCOPTER in the National Airspace S ys tem (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 DJ I Phantom 3 Professional and the AGRIBOTIX ENDURO QUADCO PTER 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. Accordingl y, 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 onl y appl y to aircraft with an airworthiness certificate.7 MS AG SOLUT IONS submits that the requested relief is proper since an equivalent level of safety will be en sured. MS AG SOLUT IONS will use experienced personnel or technicians to perform maintenance, alterations, or pr eventive maintenance on the UAS using the methods, techniques, and practices prescribed in the operating documents (i.e., Monthly M aintenance Lo g , DJ I Phantom 3 Professional and AGRIBOTIX ENDURO QUADCOPTER In struction Manual s ). Furthermore, MS AG SOLUTIONS will document and maintain all maintenance records for the DJ I 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, b y meeting minimum flight

- hour and currency requirements, that the PI C is able to safely operate the DJIPhantom 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 SOLUT IONS seeks relief from Section 91.7(a), entitled Civil aircraft airworthi ness , because the DJ I Phantom 3 Professional and the AGRIBOTIX ENDURO QUADCOPTER UAS do es 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 DJ I Phantom 3 Professional and the AGRIBOTIX ENDURO QUADCOPTER UAS is in an airworth y condition, prior to every flight, by determining that the UAS are in compliance with the operating documents (i.e. Monthly Maintenance Log, DJIPhantom 38

Professional and AGRIBOTIX ENDURO QUADCOPTER In struction Manual s ), and that the aircraft is in a condition for safe flight. MS AG SOLUT IONS also seeks an exemption from the requirements of Section 91.121, entitled Altimeter Settings , as DJIPhantom 3 Professional and AGRIBOTIX ENDURO QUADCOPTER UA will not have a typical barometric altimeter onboard. However, altitude information of DJ I Phantom 3 Professional and AGRIBOTIX ENDURO QUADCOPTER UAs will be provided to the PI C via Global Positioning Sy stem (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 SOLUT IONS ’s operation of DJ I Phantom 3 Professional and AGRIBOTIX ENDURO QUADCOPTER UASs within visual line of sight, at or below 4 00 feet AGL, will ensure a level of safety equivalent to Section 91.121. Additionally , MS AG SOLUT IONS seeks an exemption from the requirements of Section 91.151(b), entitled Fuel requirements for flight in VFR conditions

. MS AG SOLUT IONS submits that safety will not be affected by operation of DJ I Phantom 3 Professional and AGRIBOTIX ENDURO QUADCOPTER UAs during daylight hours in visual meteorological conditions (VMC) under visual flight rules (VFR), with en ough 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 fl y after that for at least 4.5 minutes. In accordance with 14 C.F.R. § 11.81, MS AG SOLUT IONS 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 437 th Ave Menno, SD 57045 Tel: ( 605 ) 212

- 0930 Email: msagsolutions387@gmail.com **B. The Spec ific 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) pre scribe the following, in relevant part: (a) No person who holds a private pilot certificate may act as a pilot in command (PI C) of an aircraft that is carrying passengers or propert y 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 an y business or emplo ym ent if

— (1) The flight is only

incidental to that business or employ ment; 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, b y 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 enou gh 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 requi red, 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, h ave 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 b y 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 b y 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 p eriods 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 pe rformed; and12 (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 o n 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 ac tion, the time and date when the next action is required. (vi) Copies of the forms prescribed b y § 43.9(d) of this chapter for each major alteration to the airframe and currentl y installed engines, rotors, propellers, and appliances. (b) The owner or ope rator 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 b y other work or for 1 ye ar 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 See**  **ks 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 PI C holding a private pilot or higher level certificate, a s 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 Se ction 61.113(a) and (b) state that a private pilot may , for compensation or hire, act as PI C of an aircraft in connection with an y business or emplo ym ent if: (1) The flight is only incidental to that business or employ

ment; and (2) The aircraft does not carry passengers or propert y for compensation or hire. As set forth more full y below, MS AG SOLUTIONS submits that an equivalent level of safety

will be maintained because no PI C will be allowed to operate the DJ I PHANTOM 3 PROFESSIONAL or the AGRIBOTIX END URO QUADCOPTER UAS unless that PI C has met certain flight

- hour and currency requirements, demonstrating that the PI C is able to safel y operate the DJ I P hantom 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 submi ts that all flights of DJ I Phantom 3 Professional and The AGRIBOTIX ENDURO QUADCOPTER UASs, conducted b y the PI C pursuant to the grant of this Petition: (1) will be incidental to MS AG SOLUT IONS and (2) will not carry

passengers or property for compensatio n 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 SOLUT IONS to determine that DJ I Phantom 3 Professional and The AGRIBOTIX ENDURO QUADCOPTER UASs are in airworth y condition prior to every

flight by ensuring that the UAS is in compliance with the operating documents (i.e., the A erial Operations Manual, Monthly Maintenance Log, DJ I Phantom 3 Professional and The AGRIBOTIX ENDURO QUADCOPTER Instruction Manual s ). MS AG SOLUT IONS seeks the requested relief because DJ I Phantom 3 Professional and The AGRIBOTIX ENDURO QUADCOPTER UASs d o not require an airworthiness certificate in accordance with 14 C.F.R. Part 21, Subpart H. Therefore, MS AG SOLUTIONS will ensure that DJ I Phantom 3 Professional and The AGRIBOTIX ENDURO QUADCOPTER UAS are in airworth y condition based upon its compliance with the operating documents (i.e ., Monthly Maintenance Log, DJ I Phantom 3 Professional and the AGRIBOTIX ENDURO QUADCOPTER Instruction Manual s ) 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 DJ I 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 PI C at the ground control station (GCS). Since the FAA requires that an y altitude15

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 DJ I Phantom 3 Professional and Agribotix En duro 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 full y set forth herein, an equivalent level of safety will be maintained since DJ I Phantom 3 Professional and the Agribotix Enduro Quadcopter UAs are equippe d 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 DJ I 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 approx imately 45 minutes (Agribotix Enduro Quadcopter) to the first point of intended landing and, assuming normal cruising speed, to fl y 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 DJ I Phantom 3 Professional and the Agribotix Enduro16

Quadcopter UAs will severel y constrain the practicality of any aerial video or still photo flight operations that MS AG SOLUTIONS proposes to conduct pursuant to this Petition. Significantl y, as set forth below, the technical specifications of DJ I Phantom 3 Professional and the Agribotix Enduro Quadcopter UASs operating document s, and MS AG SOLUTIONS ’s proposed operating limitations, ensure that MS AG SOLUTIONS will safel y operate the battery powered DJ I 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 fl y 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 appl y to aircraft with an airworthiness certificate, MS AG SOLUTIONS requests relief from these Sections because DJ I Phantom 3 Professional and the Agribotix Enduro Qua dcopter UAS do not require airworthiness certificates. As set forth more fully below, DJIPhantom 3 Professional UAS meet the conditions of FMRA Section 333 for operation without an airworthiness certificate. Accordingl y, MS AG SOLUT IONS will use trained t echnicians 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 DJ I Phantom 3 Professi onal and the Agribotix Enduro Quadcopter In struction Manual s ). Furthermore, MS17

AG SOLUTIONS will document and maintain all maintenance records for DJIPhantom 3 Professional and the Agribotix Enduro Quadcopter UASs. **D. The Reasons Why Granting MS AG SOLUT**  **IONS ’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 b y allowing MS AG SOLUT IONS to safel y, efficientl y, and economically perform aerial video and photograph y of agricultural s ites and landscape over certain areas of the United States. Additionally , use of DJ I Phantom 3 Professional and the Agribotix Enduro Quadcopter UAS will decrease congestion of the NAS, reduce pollution, and provide significant benefits to the econom y. Notabl y, the benefits of MS AG SOLUTIONS ’s proposed operation of DJI Phantom 3 Professional and the Agribotix Enduro Quadcopter UAS will be realized wi thout implicating an y privacy issues. **1. The Public Will Benefit From Decreased Congestion Of The NAS.** DJIPhantom 3 Professional and the Agribotix Enduro Quadcopter UAs are battery powered and serve as a safe, efficient, and economical alternative to th e 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 DJIPHANTOM 3 PROFESSI ONAL and the Agribotix Enduro Quadcopter w ould redu ce 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, b y reducing the number of manned aircraft operating in the NAS, congestion around airports caused by arriving and departing aircraft will be reduced. DJ I Phantom 3 Professional and the Agribotix Enduro Quadcopter UAs do not require an airport to takeoff or land. L ikewise, a reduction of manned aircraft conducting aerial video18

and photograph y 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 DJ I Phantom 3 Professional and the Agribotix Enduro Quadcopter UAS , instead of manned aircraft, will greatl y benefit the public by drasticall y reducing the levels o f air and noise pollution generated during traditional aerial video and still photography flight operations. By

using battery

power and electric motors, DJIPhantom 3 Professional and the Agribotix Enduro Quadcopter UAS produce no air pollution, and is the most viable environmentall y conscious alternative to the cabin class, six cylinder internal combustion engine aircraft that are t ypically utilized for aerial video and photograph y, while burning approximately 20

- 30 gallons per hour of leaded aviation fuel

. DJ I 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 b y battery powered electric motors, rather than an internal combusti on engine. By

using DJ I 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 fli ght operations, will be substantially

reduced or completel y eliminated. Aside from the lack of flight crew members located onboard the aircraft, DJ I Phantom 3 Professional and the Agribotix Enduro Quadcopter UAS ( see attached spec sheets) has less ph ys ical potential for collateral damage to life and property on the ground, and in the air, compared to the19

manned aircraft that typi cally conduct similar operations (weighing approximately 6,000 pounds with a wingspan of approximately 42 feet, a length of 34 fee t, 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, DJ I 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 DJ I Phantom 3 Professional and the Agribotix Enduro Quadcopter UAS will allow Unite d States based companies, like MS AG SOLUT IONS , to remain competit ive and contribute to growth of the U.S. econom y. Specifically, with the rising cost of aviation fuel and the Environmental Protection Agency

(“EPA”) regulatory

actions phasing out leaded av iation fuels, U.S. owned and operated companies must adopt new and alternative technology in order to remain competitive. Operating the battery powered DJIPhantom 3 Professional and the Agribotix Enduro Quadcopter UAS is one such technology that not onl y al lows companies greater operational flexibility compared to manned aircraft, but provides such flexibility without the high operational cost of a traditional manned aircraft. By operating DJ I Phantom 3 Professiona l and the Agribotix Enduro Quadcopter UAS , companies such as MS AG SOLUT IONS , 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 DJ I 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; a nd 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 DJIPhantom 3 Professional and the Agribotix Enduro Quadcopter U AS will not implicate any privacy issues. Specificall y, DJIPhantom 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 Lo g, and Instruction Manual s ) 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 T**  **hat 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 o**  **f t**  **he 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 DJ I 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 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. Specificall y, FMRA Section 333 states the following, in part:21 (a ) In General.

--Notwithstanding any other requirement o f 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 ty pes 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 re quirements for the safe operation of such aircraft systems in the national airspace system. In seeking this exemption, MS AG SOLUT IONS submits that DJ I Phantom 3 Professional and the Agribotix Enduro Quadcopter UAS can operate safel y in the NAS pursuant to FMRA Section 333, as demonstrated by : (a) the characteristics of DJ I 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 Phant**  **om 3 Professional**  **and the Agribotix**  **Enduro Quadcopter UAS**  **Demonstrate Its Safe Characteristics.** DJIPhantom 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 Quad**  **copter UAS**  **.**22 The technical specifications of DJ I Phantom 3 Professional UAS are set forth by DJIPhantom 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 Defi ned Operational Area.**  DJIPhantom 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 DJ I Phantom 3 Professional and the A gribotix 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 L ink is lost, DJIPhantom 3 Professional and the Agribotix Enduro Quadcopter UAS will remain stationary , in flight, for 3 seconds or more. If, after 3 seconds, DJ I 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 L ink is lost and the UA S will return to the home position (i.e., failsafe mode) via GPS, and will descend to the takeoff position and shutdown.

**i v.**  **DJI Phantom 3 Professional and the**  **Agribotix Enduro Quadcopter GCS And Its Operation.**  A complete description of the operation and specifications of DJ I 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 SOLUT IONS will only utilize certificated pilots who possess a current and valid airman medical certificate to act as a pilot in command (PI C) of DJ I Phantom 3 Professional and the Agribotix Enduro Quadcopter UAS. Additionally , a safety observer will assist all pilo ts 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 SOLUT IONS proposes to commercially operate DJIPhantom 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: DJ I Phantom 3 Professional and the Agribotix Enduro Quadcopter UAS. Proposed operations of an y 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 flo wn at an indicated airspeed exceeding 20 knots. 4. The UA must be operated at an altitude of no more than 4 00 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 PI C at all times. This requires the PIC to be able to use human vision unaided by an y device other than corrective lenses, a s specified on the PI C’s FAA

- issued airman medical certificate. 6 . The SO must not perform any other duties beyond assisting the PI C 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 it s 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 update d 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 amendm ent 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 PI C 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 fli ght. The Ground Control Station must be included in the preflight inspection. All maintenance and alterations must be properl y documented in the aircraft records. 9 . Any UAS that has undergone maintenance or alterations that affect the UAS operation or f

light characteristics, e.g. replacement of a flight critical component, must undergo a functional test flight. The PI C who conducts the functional test flight must make an entry in the aircraft records. 1 0 . 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. 1 1 . 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 PI C 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 PI C meets the operator’s qualification criteria and demonstrates the ability to safel y 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

- build ing flights, all persons not essential for flight operations are considered nonparticipants, and the PI C 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 i s 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. 1 9 . 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 PI C. 20 . If the UA loses communications or loses its GPS signal, it must return to a pre

determined location within the planned o perating area and land or be recovered in accordance with the operating documents. 21 . The PI C must abort the flight in the event of unpredicted obstacles or emergencies in accordance with the operating documents. 22 . The PI C 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 operat or 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. 2 6 . 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 an y law enforcement offici al upon request. 27 . The UA must remain clear and yi eld the right of way to all manned aviation operations and activities at all times. 28 . The UAS may

not be operated b y 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 PI C, SO, operator trainees or essential persons), vessels, vehicles, and structures unless: a. Barriers or structures are present that suffi ciently 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 PI C 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 PI C, SO, operator trainees or essential persons do not present an undue hazard to those persons per § 91.119(a).27 3 0 . 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 bo undaries 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 SOLUT IONS submits that the equivalent level of safety established by Section 61.113(a) and (b) will be maintained because no PI C will be allowed to operate DJIPhantom 3 Professional and the Agribotix Enduro Quadcopter UAS unless that PI C has demonstrated, b y meeting minimum flight

- hour and currency requirements, that the PI C is able to safely

operate the DJ I PHANTOM 3 PROFESSI ONAL 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 p ilot aeronautical knowledge requirements to those of commercial pilot requirements ( See Exemption No. 11062); and the airmanship skills necessary to safel y operate the DJ I PHANTOM 3 PROFESSIONAL and the A GRIBOTIX ENDURO QUADCOPTER UAS, MS AG SOLUTIONS subm its 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, 111 60, 11161). MS AG SOLUT IONS will not allow any PIC to operate the DJ I PHANTOM 3 PROFESSI ONAL or the AGRIBOTIX ENDURO QUADCOPTER UAS unless that PI C has demonstrated, b y meeting minimum flight

- hour requirements or the training and currency requirements, th at the PI C is able to safely operate the DJ I PHANTOM 3 PROFESSI ONAL 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, veh icles and structures. Specificall y, the PI C 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 PI C must accomplish 3 takeoffs and landings in the preceding 90 day s (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 ob tained 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 have29 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 PI C mus t 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 PI C must accomplish 3 takeoffs and landi ngs in the preceding 90 day s (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 PI C is required to operate the UA with appropriate distances in accordance with 14 C.F.R 91.119. Accordingl y, MS AG SOLUTIONS will ensure safe operations by not allowing an y P IC to operate the DJ I Ph antom 3 Pro or the Agribotix Enduro Quadcopter UAS unless that PI C has demonstrated, b y meeting minimum flight

- hour and currency requirements, that the PI C is able to safely

operate the DJ I P hantom 3 Pro or the Agribotix Enduro Quadcopter UAS in a manner consistent with the exemption, including evasive and emergency maneuvers and maintaining appropri ate 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 b y Section 91.7(a) will be maintained because prior to every

flight, MS AG SOLUTIONS will ensure that the DJ I P hantom 3 Pro fessional and the Agribotix Enduro Quadcopter UAS is in an airworth y condition based upon the UAS’s compliance with its operating documents and as stated in the conditions and li mitations 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 b y Section 91.121 will be maintained because the altitude information of DJ I Phantom 3 Professional and the Agribotix Enduro Quadcopter UA S will be provided to the PI C 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 DJ I Phantom 3 Professional and the Agribotix Enduro Quadcopter UAS wi thin vis ual line of sight, at or below 4 00 feet AGL, will ensure a level of safety equivalent to Section 91.121. The altitude information will be generated b y GPS equipment installed onboard the aircraft. Prior to each flight, a zero altitude initiation po int 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 DJIPhantom 3 Professional and the Agribotix Enduro Quadcopter UAS ; (2) the limitations on the31

proposed flight operations; and (3) the location of the proposed flight operations. Accordingl y, MS AG SOLUTIONS will ensure that it will safely operate the battery powered DJ I Phantom 3 Professional and the Agribotix Enduro Quadcopter UA S 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, t o fly after that for at least 4.5 minutes. Here, the technical specifications of DJ I 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 b y 14 C.F.R. Section 91.151(b). Furthermore, safety will be ensured as DJ I Phantom 3 Professional and the Agribotix Enduro Quadcopter UAS provide audible and visual warnings to the PI C 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 criticall y low battery level, the DJ I Phantom Professional and the Agribotix Enduro Q uadcopter UAS will descend and land automatically

. Significantl y, previous exemptions granted b y the FAA concerning Section 91.151 establish that safety is not adversel y 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, to32

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, 1116 1). **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 SOLUT IONS submits that the equivalent level of safe ty 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, al terations, or pre ventive maintenance on the UAS using the methods, techniques, and practices prescribed in the operating documents (i.e., the Aerial Operations Manual, Monthly Maintenance Log, DJ I Phantom 3 Professional and the Agribotix Enduro Quadcopter Instruction Manual s ). Furthermore, MS AG SOLUT IONS will document and maintain all maintenance records for the DJ I P hantom 3 Professional and the Agribotix Enduro Quadcopter UASs. Since DJ I Phantom 3 Professional UAS will be inspected as prescribed b y the operating documents, MS AG SOLUT IONS will maintain the equivalent level of safety established by

Sections 91.405(a), 91.409(a)(1), and 91.409(a)(2). A cop y of UAS Maintenance L og is attached hereto as Exhibit C

. Like wise, the exemption sought will not adversel y affect safety because MS AG SOLUT IONS will use trained technicians to perform maintenance, alterations or preventive maintenance on the UAS using the methods, techniques, and practices prescribed b y the operati ng 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 DJ I Phantom 3 Professional and the Agribotix Enduro Quadcopter UAS will be per formed b y trained technicians. Maintenance will be documented and maintained utilizing the monthl y maintenance log. Significantl y, previous exemptions granted b y 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 adversel y affected when the technical characteristics and operating limitations of the UAS are considered. In consideration of MS AG SOLUT IONS ’s proposed operating limitations, the operating documents, and the technical asp ects of DJIPhantom 3 Professional and the Agribotix Enduro Quadcopter UAS , MS AG SOLUTIONS submits that safety will not be adversel y affected b y 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 previousl y 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 S OLUTIONS requests that the FAA prescribe special conditions for the intended operation of DJ I Phantom 3 Professional UAS , which contain such safety standards that the Administrator finds necessary

to establish a level of safet y 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 c ollecting data for customers using aerial video and photography over certain areas of the United States for compensatio n 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 witho ut 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 DJIPhantom 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, entitl ed 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 DJ I Phantom 3 Professional and the Agribotix Enduro Quadcopter UAS, which contain such safety standards that the Administrator finds necessary to establish a level of safety35

equivalent to that e stablished 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 c ollecting 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 pub lic, 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 DJ I Phantom 3 Professional and the Agribotix Enduro Quadcopter UAS safel y in the NAS, without36

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 Se ction 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 c ollecting 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 DJ I Phantom 3 Professional UAS commercially within the NAS. WHEREFORE , in accordance with the Federal Aviat ion 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 DJ I Phantom 3 Professional and the Agribotix Enduro Quadcopter UAS commercially for the purpose of conducting aerial video and photography o ver certain areas of the United States.
Date d: February 20 , 2016 Respectfully submitted, MS AG SOLUTIONS Matthew Fischer 28808 437 th Ave Menno, SD 57045 Tel: ( 605 ) 212

- 0930 E mail: Paul@remde.us37 

### Appendices :
A

– D JIPhantom 3 Professional Specifications Data Sheet B
- Agribotix Enduro Quadcopter Specifications Data Sheet **C -**  Monthly

Maintenance L og38 APPENDIX

– A **DJI PHANTOM 3 PROFESSIONAL SPECIFICATIONS**  MS AG SOLUT IONS only util izes safe and reliable UAS

. DJ I Phantom 3 Pro is an industry lea der in small UAS production. DJ I 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 p redetermined an d set distance. In addition, DJI software provides real

- time altitude and location information to the PI C 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

- 200 0 /s Max Tilt Angel

- 35 0 Max Ascent Speed

– 5m/s Max Descent Speed

– 3m/s Max Flight Speed

– 16m/s (NOT RECOMMEN DED), 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 degrees39 APPENDIX

– B **A GRIBOTIX ENDURO SPECIFICATIONS**  **F LIGHT HARDWARE**  3D Robotics Pixhawk flight controller with GPS F our 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 telemetryradio 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 FrSk y Taranis RC Transmitter



### Flight Spec Enduro Drone Size (Rotor center
- to
- center) 28 in (71 cm) We ight 6 lbs (2.72 Kg) Cruising Speed 30 mph (48 km/ hr) Linear Flight Distance 13 Miles (21 km) Flight Endurance 25 min Ma ximum Wind Tolerance 25 mph (40 km/hr) Acres Covered/Flight 160 acres (65 ha) Telemetry Range 1 mile (1.6 km) Batteries 240 **Appendix C DJI**  **Phantom Professional 3 Maintenance Log**

m o n t h :

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