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APPENDIX A

EXEMPTION REQUEST AND EQUIVALENT LEVEL OF SAFETY SHOWINGS UNDER

APPLICABLE RULES SUBJECT TO EXEMPTION

Digital Harvest requests an exemption from the following regulations as well as any additional 

regulations that may technically apply to the operation of the Super Swiper:

14 C.F.R. § 45.23(b): Marking of the Aircraft

The regulation provides:

When marks include only the Roman capital letter “N” and the registration number 

is displayed on limited, restricted or light-sport category aircraft or experimental or 

provisionally certificated aircraft, the operator must also display on that aircraft 

near each entrance to the cabin, cockpit, or pilot station, in letters not less than 2

inches nor more than 6 inches high, the words “limited,” “restricted,” “light-sport,”

“experimental,” or “provisional,” as applicable.

The Super Swiper has no entrance to the cabin, cockpit, or pilot station on which the word

“Experimental” can be placed. Given the size of the UAV, two-inch lettering will be impossible.

The word “Experimental” will be placed on the forward fuselage in compliance with § 45.29(f).

The equivalent level of safety will be achieved by having the Super Swiper marked on its forward 

fuselage as required by § 45.29(f) where the pilot, observer, and others working with the UAV will 

see the identification of the UAS as “Experimental.” The FAA has issued the following exemptions

to this regulation to others, including Exemption Nos. 8738, 10167 and 10167A.

14 C.F.R. Part 21, Subpart H: Airworthiness Certificates

14 CFR § 91.203(a)(1)

Section 91.203(a)(1) requires all civil aircraft to have a certificate of airworthiness. Part 21, 

Subpart H, entitled Airworthiness Certificates, establishes the procedural requirements for the 

issuance of airworthiness certificates as required by FAR § 91.203(a)(1). Given the size of the 

aircraft (9.5lbs.) and the limited operating area associated with its utilization, it is unnecessary to 

go through the certificate of airworthiness process under Part 21 Subpart H to achieve or exceed

current safety levels.

Such an exemption meets the requirements of an equivalent level of safety under Part 11 and 

Section 333 of the Reform Act. The Federal Aviation Act and Section 333 of the Reform Act both

authorize the FAA to exempt aircraft from the requirement for an airworthiness certificate, upon

consideration of the size, weight, speed, operational capability, and proximity to airports and

populated areas of the UAS involved.

In this case, an analysis of these criteria demonstrates that the Super Swiper operated without an 

airworthiness certificate, under the conditions proposed herein, will be at least as safe, or safer, 

than a conventional aircraft (fixed wing or rotorcraft) with an airworthiness certificate. The Super 

Swiper weighs less than 10 lbs. fully loaded. It will not carry a pilot or passenger, will not carry

flammable fuel, and will operate exclusively within an area pre-disclosed and in compliance with 

conditions set forth herein. Operations under this exemption will be tightly controlled and

monitored by both the operator, pursuant to the conditions set forth above, and by local public
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safety requirements. The FAA will have advance notice of all operations through the filing of 

NOTAMs. Receipt of the prior permission of the land owner, the size of the aircraft, the lack of 

flammable fuel, and the fact that the aircraft is carried to the location and not flown there all 

establish the equivalent level of safety. The Super Swiper construction with absorbent material 

provides at least an equivalent level of safety to that of such operations being conducted with 

conventional aircraft that would be orders-of-magnitude larger and would be carrying passengers,

cargo, and flammable fuel.

14 C.F.R. § 61.113(a) & (b); 61.133(a): Private Pilot Privileges and Limitations; Pilot in

Command; Commercial Pilot Privileges and Limitations.

Section 61.113(a) & (b) limit private pilots to non-commercial operations. Unlike a conventional 

aircraft that carries a pilot, passengers, and cargo, the Super Swiper in this case is remotely

controlled with no passengers or property of others on board. Section 61.133(a) requires an

individual with a commercial pilot’s license to be pilot in command of an aircraft for compensation

or hire. Digital Harvest respectfully proposes that operator requirements should take into account 

the characteristics of the particular UAS. Digital Harvest’s Super Swiper has a high degree of preprogrammed control and various built-in technical capabilities that strictly limit the potential for 

operation outside of the operating conditions set forth in the exemption application.

The Super Swiper has a semi-autonomous navigation and control system comprised of a Ground

Control Station (GCS) and auto-pilot system. Flights can be pre-programmed with precision GPS 

guidance and do not require human intervention. In the case of unplanned events, the operator 

can allow the aircraft to follow the pre-programmed evasive maneuvers from the control unit or 

enable assisted steering for direct control. Pre-programmed maneuvers include diversion to the

right; initiation of holding at present position; suspension of mission; fly back to launch point; fly to

point and hold; abort mission and land; and emergency power cut off and land (Flight Termination

System).

Additional automated safety functions and safety enhancing features of the Super Swiper include

the following:

- Detection of lost GPS for 2 seconds will initiate a right hand orbit, allowing the operator 

time to enter “Altitude” control mode. After 20 seconds, if the operator elects to do nothing, 

the aircraft will begin an auto land.

- If the auto-pilot detects a lost-link to the GCS for longer than 5 seconds, the aircraft will 

orbit return to the designated “HOME” point and await reconnection. If link is not 

established within 60 seconds, the aircraft will enter a pre-programmed auto land.

- Auto-pilot failure will result in the aircraft entering into an aerodynamically induced spiral 

landing for minimal impact speed

- Low power on the aircraft triggers an alarm on GCS at 12% (15 minutes left)

- On-board failsafe limits aircraft descent speed to a maximum of approximately 5 m/s

- The aircraft, weighing less than 10 lbs, fully loaded, is constructed of EPP foam, or similar 

material which is intended to absorb impact energy.

- The motor is driven by a pulse width modulated signal, not an analog signal.

Given these safety features, Digital Harvest proposes that operators of the Super Swiper should

not be required to hold a commercial or private pilot certification. Instead, operators should be

required to:

• have successfully completed, at a minimum, FAA private pilot ground instruction 

and passed the FAA Private Pilot written examination or FAA-recognized 

equivalents;
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• have completed a training program for operation of the UAS.

Digital Harvest notes that the FAA has found that safety factors permitted operation of UASs by 

operators with these qualifications in the case of operations pursuant to public COAs where the 

mandatory operating conditions specified above are present. See Federal Aviation Administration,

Notice N-8900.227, Unmanned Aircraft Systems (UAS) Operational Approval, at 20-21 (July 30,

2013). The FAA has the statutory authority, granted at 49 U.S.C.§44701(f) to waive the pilot

requirements for commercial operations.

Given these conditions and restrictions, an equivalent level of safety will be provided by allowing 

operation of the Super Swiper without a private pilot’s certificate or a commercial pilot’s certificate, 

under the conditions set forth herein.

The risks associated with the operation of the Super Swiper (given its size, speed, operational 

capabilities, and lack of combustible fuel) are so diminished from the level of risk associated with

private pilot operations or commercial operations contemplated by Part 61 with conventional 

aircraft (fixed wing or rotorcraft), that allowing operations of the UAS as set forth above meets or 

exceeds the present level of safety provided under 14 C.F.R. § 61.113(a) & (b) and does not rise

to the level of requiring a commercial pilot to operate the aircraft under § 61.133(a).

14 C.F.R. § 91.7(a): Civil aircraft airworthiness.

This regulation requires that no person may operate a civil aircraft unless it is in airworthy 

condition. Should the exemption be granted allowing commercial operation of the Super Swiper

without an airworthiness certificate, no standard will exist for airworthiness of the Super Swiper.

Given the size of the aircraft and the requirements that have already been met with the aircraft’s 

COA approval and military history, an equivalent level of safety will be achieved by insuring

compliance with the Digital Harvest manuals prior to each flight.

14 C.F.R. § 91.9(b)(2): Civil Aircraft Flight Manual in the Aircraft.

The regulation provides:

No person may operate a U.S.-registered civil aircraft ...

(2) For which an Airplane or Rotorcraft Flight Manual is not required by §21.5 of

this chapter, unless there is available in the aircraft a current approved airplane or

Rotorcraft Flight Manual, approved manual material, markings, and placards, or 

any combination thereof.

Given the size and configuration of the Super Swiper, it has no ability or place to carry such a flight 

manual on the aircraft, not only because there is no pilot on board, but because there is no room 

or capacity to carry such an item on the aircraft.

The equivalent level of safety will be achieved by keeping the flight manual (see Attachment 1) at

the ground control point where the pilot flying the UAS will have immediate access to it. The FAA

has issued to Digital Harvest and others the following exemptions to this regulation: Exemption

Nos. 8607, 8737, 8738, 9299, 9299A, 9565, 9565B, 10167, 10167A, 10602, 32827, and 10700.

14 C.F.R. § 91.109(a) & 91.319(a)(1): Flight Instruction
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These regulations provide that no person may operate a civil aircraft (except a manned free 

balloon) that is being used for flight instruction unless that aircraft has fully functioning dual 

controls. The Super Swiper is a remotely piloted aircraft and by design, does not have fully

functional dual controls. Flight control is accomplished through the use of a control box that

communicates with the aircraft via radio communications. The flight plan is pre-programmed into

the auto pilot before flight and only in emergency circumstances will the pilot have the choice to 

input control functions to alter the pre-programmed flight. If instruction is accomplished through a

training program, as set forth in Attachment 8, an equivalent level of safety will be assured. The

FAA has approved exemptions for flight training without fully functional dual controls for a number

of aircraft and for flight instruction in experimental aircraft. See Exemption Nos. 5778K & 9862A.

The equivalent level of safety will be achieved by the manufacturer providing the training as

outlined, for example, in Attachment 8 and through the use of experienced and qualified pilots

familiar with the Super Swiper.

14 CFR § 91.119: Minimum Safe Altitudes

Section 91.119 establishes safe altitudes for operation of civil aircraft. Specifically, 91.119(c) limits

aircraft flying over areas other than congested areas to an altitude of 500 feet above the surface,

except over open water or sparsely populated areas. In those cases, the aircraft may not be

operated closer than 500 feet to any person, vessel, vehicle, or structure.

As set forth herein, the Super Swiper will never operate at higher than 400 feet AGL. It will,

however, be operated to avoid congested or populated areas that are depicted in yellow on VFR 

sectional charts. Because aerial survey work must be accomplished at relatively low altitudes and

at altitudes less than 500 feet AGL, an exemption from Section 91.119(c) is needed.

The equivalent level of safety will be achieved given the size, weight, speed, and material with 

which the Super Swiper is built. Also, no flight will be taken without the permission of the land

owner or those who control the land. Because of the advance notice to the landowner, all affected 

individuals will be aware of the survey flights. Compared to aerial survey operations conducted 

with aircraft or rotorcraft weighing far more than 9.5 lbs. and carrying flammable fuel, any risk 

associated with these operations will be far less than those currently allowed with conventional 

aircraft operating at or below 500 feet AGL. Indeed, the low-altitude operations of the UAS will 

maintain separation between these small-UAS operations and the operations of conventional 

aircraft that must comply with Section 91.119.

14 C.F.R. § 91.151(a): Fuel Requirements for Flight in VFR Conditions

This regulation prohibits an individual from beginning “a flight in an airplane 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 – (1) During the day, to fly after

that for at least 30 minutes; or (2) At night, to fly after that for at least 45 minutes.”

The Super Swiper batteries provide approximately 120 minutes of powered flight. Without an

exemption from § 14 CFR 91.151, the limitations proposed would greatly reduce its utility. Given 

the type of operation, as well as the rural location of those proposed operations, a longer time

frame for flight in daylight VFR conditions is reasonable. Additionally, given the proposed VLOS 

restriction, the aircraft would always be well within 5 minutes of its landing position. Furthermore, 

in the unlikely event that the Super Swiper should run out of fuel before returning, it would simply

auto land at its current position at a safe speed. Finally, recognizing its weight and construction

material, the risks are less than contemplated by the current regulation.
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Digital Harvest believes that an exemption from 14 CFR § 91.151(a) is safe and within the scope

of a prior exemption. See Exemption 10673 (allowing Lockheed Martin Corporation to operate 

without compliance with 91.151(a)). Operating the small UAS, without 30 minutes of reserve fuel 

does not engender the type of risks that Section 91.151(a) was meant to prevent given the size

and speed at which the UAS operates. The fact that it carries no pilot, passenger, or cargo also

enhances its safety.

Digital Harvest believes that an equivalent level of safety can be achieved by maintaining 10

minutes of reserve fuel, which would be more than adequate to return the UAS to its planned

landing zone from anywhere in its operating area.

14 C.F.R. § 91.203 (a) & (b): Carrying Civil Aircraft Certification and Registration

This regulation provides as follows:

(a) . . . no person may operate a civil aircraft unless it has . . . an appropriate 

and current airworthiness certificate.

(b) No person may operate a civil aircraft unless the airworthiness certificate

required by paragraph (a) of this section or a special flight authorization issued 

under §91.715 is displayed at the cabin or cockpit entrance so that it is legible to 

passengers or crew.

The Super Swiper fully loaded weighs no more than 10 lbs. As such, there is no ability or place to

carry certification and registration documents or to display them on the UAS. In addition, there is

no pilot on board the aircraft.

An equivalent level of safety will be achieved by keeping these documents at the ground control 

point where the pilot flying the UAS will have immediate access to them. The FAA has issued 

numerous exemptions to this regulation. A representative sample of other exceptions includes 

Exemption Nos. 9565, 9665, 9789, 9789A, 9797, 9797A, 9816A, and 10700.

14 C.F.R. § 91.405(a); 407(a)(1); 409(a)(2); 417(a): Maintenance Inspections

Section 91.405(a) requires that an aircraft operator or owner “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 . 

. . .” Section 91.407 similarly makes reference to requirements in Part 43; Section 91.409(a)(2) 

requires an annual inspection for the issuance of an air worthiness certificate. Section 91.417(a) 

requires the owner or operator to keep records showing certain maintenance work that has been

accomplished by certificated mechanics, under Part 43, or licensed pilots and records of approval 

of the aircraft for return to service.

Maintenance of the Super Swiper components outlined in the manual (see Sections 6, 7, and 8 of 

Attachment 1) will be accomplished by a trained and certified Digital Harvest technician. An

equivalent level of safety will be achieved because the UAS is small in size, will carry no external 

payload, will operate only in restricted predetermined areas and is not a complex mechanical 

devise. As provided in the Super Swiper Checklist (Attachment 10), the operator of Super Swiper

will also ensure that the UAS is in working order prior to initiating flight, and keep a log of any

maintenance that is performed on the aircraft. Moreover, the operator is the person most familiar
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with the aircraft and is best suited to ensure that the aircraft is in an airworthy condition and to

guarantee an equivalent level of safety.

Digital Harvest will be putting our Super Swiper aircraft through a routine, but rigorous, inspection 

of the airframe and components every 50 flights. Likewise, we will replace the servos, motor, and 

speed controller every 300 flights. This will ensure an equivalent level of safety to the

maintenance requirements in Part 91. In addition, between such replacements, should a

mechanical issue arise, the aircraft will either return to its launch site or immediately land.
APPENDIX B: SUMMARY OF DIGITAL HARVEST SECTION 333 EXEMPTION REQUEST

Digital Harvest hereby provides pursuant to Part 11 a summary of its exemption

application to allow commercial operation of the Super Swiper unmanned aircraft in precision

aerial survey work. An exemption is requested from the following regulations:

14 C.F.R. Part 21;

14 C.F.R. 45.23(b);

14 C.F.R. 61.113(a) & (b);

14 C.F.R. 61.133(a);

14 C.F.R. 91.7(b);

14 C.F.R. 91.9(b)(2);

14 C.F.R. 91.109(a);

14 C.F.R. 91.119;

14 C.F.R. 91.151(a);

14 C.F.R. 91.203(a) & (b);

14 C.F.R. 91.405(a);

14 C.F.R. 91.407(a)(1);

14 C.F.R. 91.409(a)(2);

14 C.F.R. 91.417(a).