Albany

Atlanta

Brussels

Denver

Los'Angeles

Miami

New'York ,QWHUQDWLRQDO'ULYH3HQWKRXVH McLean,'VA'22102

Tel:'703.336.8800 mckennalong.com N orthern'Virginia

Orange'County

Rancho'Santa'Fe

San'Diego

San'Francisco

Seoul

Washington,'DC

M ark A. Dombroff

703.336.8700
Matthew J. Clark

703.336.8714 EMAIL ADDRESS mdombroff@mckennalong.com mclark@mckennalong.com

November 26 , 2014

U.S. Department of Transportation Docket Management System 1200 New Jersey Ave., SE Washington, DC 20590

Re: Docket No. FAA

- 2014

- 0613 : Supplement to Petition of Wilbur

- Ellis Co. for Exemption Pursuant to Section 333 of the FAA Moder nization and Reform Act

of 2012

Dear Gentlemen :

On August 14, 2014, Wilbur

- Ellis Company (" Petitioner ") filed a petition for exemption under Section 333 of the FAA Modernization and Reform Act of 2012 ("Reform Act"). Subsequent to that submission, the F AA informed Petitioner that the petition of Astraeus Aerial had been granted, and invited Petitioner to submit any additional information in support of its petition that was appropriate in light of this new guidance from the FAA. Accordingly, Petitioner s ubmits the following supplement to its Petition for Exemption and revised Precision Agriculture Survey and Inspection Operations and Flight Manual ( hereinafter 3 Petitioner's 0DQXDO ́ or "Petitioner's Operations Manual" )

. 1

1 This Manual contain s confidential commercial and proprietary information that the Petitioner

has not and will not share with others. The Manual contain s revised operating conditions, procedures and information that are not available to the public and are protected from release under the Freedom of Information Act 5 U.S.C. § 552 e t

. s

e

q

.U.S. Department of Transportation November 26, 2014 Page 2

I. 14 C.F.R. § 61.113: P RIVAT E# P ILOT# P RIVILEGES#AND# L IMITATIONS

Petitioner's original petition sought an exemption from the private pilot privileges and limitations of § 61.113 (a) & (b) . To ensure an equivalent level of safety, Petition proposed the following UAS pilot qualification s :

3HWLWLRQHU¶V UAS operators acting as PIC will hold a third class medical certificate, commercial and /or private pilot certification or will have successfully completed, at a minimum, FAA private pilot ground instruction and passed the FAA private pilot written examination or FAA recognized equivalent.

In the Grant of Exemption to Astraeus Aerial (FAA Docket No. FAA

- 2014

- 0352), the FAA determined that the unique characteristics of UAS operation outside of controlled airspace did not

warrant the addition al costs and restrictions attendant with requiring the PIC to have a commercial pilot certificate and Class II Medical Certificate. In granting Astraeus Aerial 's request for exemption from the private pilot limitations and conditions of § 61.113 (a) and ( b), the FAA considered the following factors : (1) the sterile environment in which UAS operations would occur, (2) the aeronautical knowledge requirements for a private versus commercial pilot, and (3) UAS airmanship skills required by Astraeus' PICs.

In light of this new FAA guidance, Petitioner will impose similar limitati ons and conditions

which are as restrictive, if not more so, than those the FAA imposed on Astraeus Aerial for its UAS operators acting as PIC. These conditions and limitations hav e been incorporated into Petitioner's

Manual and include the following:

x UAS operators acting as PIC will hold a Private Pilot's Certificate. 2 The PIC will also meet the flight review requirements specified in 14 CFR § 61.56 in an aircraft in which the PIC is rated on his or her pilot certificate.

x Petitioner's UAS pilot s will maintain an appropriate level of recent pilot experience in the

UAS being operated or in a flight simulation training device. Prior to proposed operations in this petition for exemptio n , the PIC will have accumulated and logged, in a manner consistent with 14 CFR § 61.51(b), a minimum of five hours as UAS pilot operating the

make and model of UAS to be utilized for operations under the exemption and three take

offs and three landings in the preceding 90 days. All t raining, proficiency, experience

building, and take

- off and landing currency flights shall occur within a confined "Sterile

Area" as defined in Pet i tioner's Manual. All persons not essential for flight operations are

considere d nonparticipants, and the PIC will operate the UAS with appropriate distance

2 Consi stent with Petitioner's original petition, UAS operators acting as PIC will also be required

to hold a current third class medical certificate.U.S. Department of Transportation November 26, 2014 Page 3

from nonparticipants in accordance with 14 CFR § 91.119 unless they have provided prior

consent.

x The UAS will be operated within visual line of sight ("VLOS") of the PIC at all t imes. This requires the PIC to be able to use human vision unaided by any device other than corrective OHQVHVDVVSHFLILHGRQWKH3,&¶V)$$

- issued medical certificate.

x The UAS will not be operated by the PIC from any moving device or vehicle.

x All opera tions will utilize a visual observer ("VO"). The VO may be used to satisfy VLOS requirement as long as the PIC always maintains VLOS capability. The VO and PIC will be able to communicate verbally at all times.

x The UA will remain clear of and yield the rig ht of way to all other manned operations and activities at all times (including, but not limited to, ultralight vehicles, parachute activities, parasailing activities, hang gliders, etc.).

x The UA may not operate in Class B, C, or D airspace without written approval from the FAA. The UA may not operate within 5 nautical miles of the geographic center of a non

towered airport as denoted on a current FAA

- published aeronautical chart unless a letter of DJUHHPHQWZLWKWKDWDLUSRUW¶VPDQDJHPHQWLVREWDLQHGDQGW he operation is conducted in accordance with a NOTAM as required by the Petitioner's COA. The letter of agreement with the airport managemen t will be made available to the Administrator upon request.

x At least three days prior to conducting operations under this exemption, Petitioner shall submit a "Project Packet" to the local FSDO with jurisdiction over the area of proposed operations. The 3

- day notification may be waived with the concurrence of the FSDO. The Project Packet will include at least the follo wing:

o Dates and times for all flights;

o Name and phone number of the Wilbur

- Ellis representative responsible for UAS operations conducted under this grant of exemption;

o Name and phone number of the Wilbur

- Ellis Flight Team member responsible for the

on

- scen e operation of UAS ;

o Make, model, and serial or N

- number of UAS to be used;

o Name and certificate number of UAS PICs involved in operations conducted under this grant of exemption;U.S. Department of Transportation November 26, 2014 Page 4

o A statement that Wilbur

- Ellis has obtained permission from the Agricultural

Customer and/or local officials to conduct UAS operations described in the Project Packet. A list of individuals who gave permission will be made available to FAA inspectors upon request;

o Signature of Wilbur

- Ellis representative responsible for UAS operat ions described in the Project Packet.

o A description of the flight activity, including maps or diagrams of any area, city, town, county, and/or state over which filming will be conducted and the altitudes essential to accomplish the operation.

I I

. 1 4 C

. F

. R

. P A R T 2 1

, S U B P A R T H

2 A I R W O R T H I N E S S C E R T I F I C A T E S & 1 4 C

. F

. R

. § 9 1

. 2 0 3 ( A ) A N D ( B ) : C A R R Y I N G C I V I L A I R C R A F T C E R T I F I C A T I O N A N D R E G I S T R A T I O N

.

In further support of Petitioner's request for exemption from 14 C.F.R. § 91.203(A)(1), Petitioner will req uire that any documents required by § 91.203 be available to the PIC at the Ground Control station of the UAS any time the aircraft is operating. These documents will be made available to the Administrator or any law enforcement official upon request.

III. A IRCRAFT# M ARKING#AND# I DENTIFICATION# R EQUIREMENTS : 14 C.F.R. §§ 91.9( C ), 45.23( B ) AND# 45.27( A ).

5HJDUGLQJWKHSHWLWLRQHU¶VUHTXHVWHGUHOLHIIURP&)5E'LVSOD\RIPDUNVWKH SHWLWLRQHU¶VUHTXHVW was made under the assumption that markin JZLWKWKHZRUG3H[SHULPHQWDO ́ will be required as a condition of an exemption request. As clarified in the Grant of Exemption to

Astraeus Aerial , this marking is reserved for aircraft that are issued experimen tal certificates under §

21.191 , and that sin ce SHWLWLRQHU¶V8$6ZLOOQRW be certificated under 14 CFR § 21.191, a grant of exemption for 14 CFR § 45.23(b) is not necessar y. (FAA Docket No. FAA

- 2014

- 0352 at 14). Accordingly, Petitioner withdraws the requests exemption from 14 C.F.R. § 45.23(b).

In further support of Petitioner's requested relief from the identification marking requirements of 14 CFR § 45.27(a) and § 91.9(c) , Petitioner will require that its UA be identified by serial number, registered in accordance with 14 C.F.R. part 47, and h ave identification markings in accordance with 14 C.F.R. Part 45, Subpart C. These markings will be made as large as practicable. S

e

e FAA Docket No. FAA

- 2014

- 0352 at 14.

IV. 14 C.F.R. § 91.9( B )(2): C IVIL# A IRCRAFT# F LIGHT# M ANUAL#IN#THE# A IRCRAFT

.

In further support of Petitioner's request for exemption from 14 C.F.R. § 91.9(b)(2), Petitioner will require that any documents required by § 91.(b)(2) be available to the PIC at theU.S. Department of Transportation November 26, 2014 Page 5

Ground Control station of the UAS any time the aircraft is operating. These documents will be made available to the Administrator or any law enforcement official upon request.

V. 14 C.F.R. § 91.7( A ): C IVIL# A IRCRAFT# A IRWORTHINESS

.

In the Astraeus Aerial Grant of Exemption, t he FAA has stated that no exemption is require d for 14 C.F.R. § 91.7(a) to the extent that the requirements of Part 21 are waived or found inapplicable. S e

e Grant of Exemption to Astraeus Aerial, Docket No. FAA

- 2014

- 0352 at 19

. Accordingly, Petitioner requests that the requirements for Section 91.7 be treated in accordance with the requested exemption from the airworthiness certificate requirements of 14 C.F.R. Part 21, Subpart H.

VI. 14 C.F.R. § 91.103: P REFLIGHT# A CTION#

In further support of Petitioner's requested exempti on 14 C.F.R. § 91.13 Preflight A ction, Petition will include the following additional restrictions in its Manual:

x The UAS selected by Petitioner has failsafe features which will allow the PIC to initiate a

return

- to

- home sequence in the event of an emergency. If the UAS lose s communications or loses its GPS signal, the UAS will fly directly to the Sterile Area home launch location or

pre

- determined safe abort location.

x UAS operations may not be conducted during night, as defined in 14 CFR § 1.1. All operations will be condu cted under visual meteorological conditions ("VMC"). Flights under special visual flight rules ("SVFR") are not authorized.

x 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 tha n 3 statute miles from the PIC.

VII. 14 C.F.R. § 91.109( A ): F LIGHT# I NSTRUCTION

.

In further support of Petitioner's requested exemption from the Flight Instruction requirements of 14 C.F.R. § 91.109 , Petitioner has revised its Manual to include procedures for the evaluation and qualification of its PICs based on their experie nce with the UAS to be operated

. Furthermore, PIC training and evaluation shall only occur in controlled and sterile areas as defined in Petitioner's Manual. Specifically, Petitioner 's Manual shall include the following requirements:

x Prior to any flight operations authorized by this grant of exemption, the PIC and VO will have successfully completed a qualification process, as outlined in the Petitioner's Manual

. The test shall be de veloped and implemented by a qualified person designated at the sole

discretion of the Petitioner . A record of completion of this qualification process will be documented and made available to the Administrator upon request.U.S. Department of Transportation November 26, 2014 Page 6

x Prior to conducting proposed o perations , a flight d emonstration, administered by a

Petitioner

- approved and

- qualified pilot will be successfully completed and documented in accordance with the procedures in Petitioner's Manual

.

VIII. 14 C.F.R. § 91.119: M INIMUM# S AFE# A LTITUDES

In f urther support of Petitioner's requested exemption from the minimum safe altitude requirements of 14 C.F.R. § 91.119, Petitioner's Manual has been revised to include additional operational safeguards to ensure that an equivalent level of safety can still b e achieved with the exemption. Petitioner will adhere to the following restrictions that the FAA relied upon in its grant of exemption Astraeus Aerial (FAA Docket No. FAA

- 2014

- 0352 at 22

- 21):

x The UA may not be operated directly over any person, except au thorized and consenting

Wilbur

- Ellis personnel, below an altitude that is hazardous to persons or property on the

surface in the event of a UAS failure or emergency.

x Regarding the distance from participating persons, the Petitioner's Manual has safety

miti gations for authorized and consenting Wilbur

- Ellis personnel

.

x Regarding distance from personnel not associated with Wilbur

- Ellis operations

, the operations conducted under Petitioner's Manual will be limited to controlled areas where only Wilbur

- Ellis empl oyees and people, Agricultural Customers and/or official representatives who have signed waivers and have been briefed on the potential risk of the proposed flight operation and have acknowledge and accept ed those risks

, will be allowed.

x Petitioner will maintain a 500 foot buffer from personnel not associated with Wilbur

- Ellis operations unless appropriate waivers have been obtained. Petitioner's Manual shall contain procedures for t his buffer to be reduced to 200 feet if it would not adversely affect sa fety and the Administrator has approved it.

IV. 14 C.F.R. § 91.121 A LTIMETER# S ETTINGS#

In further support of Petitioner's requested relief from the altimeter setting requirements of 14 C.F.R. § 91.121, Petitioner has updated its Manual to include th e following:

x The UAS that Petitioner intends to use 3 is equipped with GPS technology, advance mission planning, autonomous flight/landing and, fail

- safe routine software that guides the aircraft

3 HoneyComb AgDrone UAS

.U.S. Department of Transportation November 26, 2014 Page 7

while in flight. The UA is pre

- programmed by the operator to climb and loiter at pre

determined altitude programmed by the operator.

x The UAS ground control station is composes of a single Windows

- based tablet connected to a telemetry radio which communicates with the autopilot system on the UA. The ground

contro l station tablet will allow the PIC to monitor real

- time telemetric data which downlinks

from the UA to the ground control station, including: altitude, a irspeed, ground speed, heading , direction, throttle, distance from the ground control station, remaini ng battery level, and any applicable warnings.

x The altitude data relayed to the PIC at the ground control station will be generated by equipment installed onboard the aircraft, as specified using GPS triangulation, or digitally

encoded barometric altimeter , or radio altimeter, or any combination thereof. Prior to each flight, a zero altitude initiation point will be established and confirmed for accuracy by the

UAS PIC.

X. 14 C.F.R. § 91.151( A ): F UEL# R EQUIREMENTS# FOR# F LIGHTS#IN# VFR C ONDITIONS

.

Petitioner 's original Petition for Exemption proposed that an equivalent level of safety could be achieved to the fuel requirements of 14 C.F.R. § 91.151(a) by limiting maximum total flight time

to 25% remaining battery reserve. In the FAA's Grant of Exemption to A straeus Aerial , the FAA found that, when combined with operational safeguards proposed by Astraeus Aerial

, limiting maximum total flight time to 30 minutes or 25% remaining battery power, whichever occurred first, provided sufficient support for the reques ted exemption. (FAA Docket No. FAA

- 2014

- 0352 at 21). Accordingly, Petitioner will impose the following restrictions on its UAS operations:

x Each UAS operation will be completed with at least 25% battery power re maining.

x The UAS will abort the flight in th e event of unpredicted obstacles or emergencies in

accordance with the Petitioner's Manual

.

XI. 14 C.F.R. §§ 91.405( A )H 91.407( A )(1)H 91.409( A ) (1) AND# (2)H 91.417 ( A ) & ( B ):

M AINTENANCE# I NSPECTIONS

.

In addition to Petitioner's requested exemptions fr om the maintenance , alteration, and inspection requirements of 14 C.F.R. §§ 91.405(a); 91.407(a)(1); 91.409(a)(2); 91.417 (a) & (b)

, Petition also seeks relief from 91.409(a)(1) which states:U.S. Department of Transportation November 26, 2014 Page 8

§91.409 Inspections.

(a) Except as provided in paragraph (c) o f this section, no person may operate an aircraft unless, within the preceding 12 calendar months, it has had

2

(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

Petitioner seeks relief from § 91.409(a)(1) because, as stated by the FAA in its Grant of Exemption to Astraeus Aerial

, it is an alternate inspection requirement of 14 C.F.R. 91.409(a)(2). (FAA Docket No. FAA

- 2014

- 0352 at 14). In su pport of Petitioner's requested relief from 14 C.F.R. § 91.409(a)(1), and in further support of the already requested exemptions to 14 C.F.R. §§ 91.405(a); 91.407(a)(1); 91.409(a)(2) and; 91.417 (a) & (b)

, Petitioner has revised its Manual to include the

f ollowing requirements which are designed to ensure that the proposed operations will not adversely affect safety with regard to the regulatory maintenance

, alteration , and inspection requirements from which exemption is requested:

x Prior to each flight the PIC shall inspect the UAS to ensure 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, if utilized, will be included in the preflight inspection. All maintenance and alterations will be properly

documented in the aircraft records.

x Any UAS that has undergone main tenance or alterations that affect the UAS operation or flight characteristics, e

. g

. replacement of a flight critical component, will undergo a functional test flight in accordance with Petitioner's Manual. The PIC who conducts the functional test flight w ill make an entry in the UAS aircraft records of the flight. The requirements and procedures for a functional test flight and aircraft record are included in

Petitioner's Manual.

x Petitioner will IROORZWKHPDQXIDFWXUHU¶V UAS aircraft/component, maintenance , overhaul, replacement, inspecti on, and life limit requirements for the following applicable components

in Petitioner's Manual: powertrain system (powerplant), propellers, avionics and control surfaces ( including ailerons/elevons), structures & airframe, camera system, electrical systems (including batteries), ground control station, hazard accessories, and spare parts.

x Petitioner has revised its Manual to include procedures to document and maintain a record of

the UAS maintenance, preventative maintenance , alterations, status of replacement/overhaul component parts, and the total time in service of the UAS

.U.S. Department of Transportation November 26, 2014 Page 9

x Each UAS operated under this exemption will comply with all manufacturer Safety Bulletins

for the UAS being operated under this exemption.

x Petitioner will develop UAS technician qualification criteria which will be incorporated in its

Manual

.

XII. A DDITIONAL# O PERATING# P ARAMETERS#OF#THE# UAS

In consideration of new FAA guidance and the requirements imposed on Astraeus Aerial in

FAA Docket No. FAA

- 2014

- 0352, Petitioner has revised its Manual to ensure its UAS operations meet or exceed the applicable conditions and limitations imposed on Astraeus Aerial. In addition to the previously referenced changes, Petitioner's Manual has been revised to reflect th e following operating parameters of the UAS :

x Petitioner shall obtain an Air Traffic Organization (ATO) issued Certificate of Waiver or Authorization ( " COA " ) prior to conducting any operations under this grant of exemption. This COA will also require Petiti oner to request a Notice to Airman ( " NOTAM " ) not more than 72 hours in advance, but not less than 48 hours prior to the operation.

x Before conducting operations under this exemption , the radio frequency spectrum used for operation and control of the UA will comply with the Federal Communications Commission ( " FCC " ) or other appropriate government oversight agency requirements

.

x Any incident, accident, or flight operation that transgresses the lateral or vertical boundaries of the operational area as defined by the applicable COA will EHUHSRUWHGWRWKH)$$¶V8$6 Integration Office (AFS

- 80) within 24 hours. Accidents will be reported to the National Transportation Safety Board (NTSB) per instructions contained on the NTSB Web site: www.ntsb.gov. Further flight o perations may not be conducted until the incident, accident, or transgression is reviewed by AFS

- 80 and authorization to resume operations is provided.

XIII. C ONCLUSION#

The proposed UAS operations and accompanying conditions and limitations outlined in Petitioner's original Petition for Exemption, combined with the additional restrictions set forth in this Supplemental Petition for Exemption, parallel that of Astraeus Aerial 's and the other filmmakers' grants of exemption. The operating procedures desc ribed in the original and supplemental Petitions, as well as those contained in the attached revised Operations Manual, provide the FAA with adequate justification and good cause to grant Wilbur

- Ellis' request exemptions.

If you any questions, or if any a dditional information is required to support the request relief, please do not hesitate to contact the undersigned.U.S. Department of Transportation

N ovember 26, 2014 Page 10

Very truly yours,

/ s

/ M a

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. D o

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f f

_______________________ Mark A. Dombroff

Matthew J. Clark C

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- E l l i s C o

.

Attachments (All Subject to Non

- Disclosure Under the Freedom of Information Act, 5 U.S.C. § 552 e t s e

q

.):

A t t a c h m e n t A : Wilbur

- Ellis Co. Precision Agriculture Survey and Inspection Operations and Flight Manua l (Revised)

A t t a c h m e n t B : HoneyComb AgDrone UAS Operation Manual

A t t a c h m e n t C : HoneyComb COA Process Guide

A t t a c h m e n t D : Honeycomb Maintenance and Inspection Guide

cc: Timothy Nestler

Matthew Richmond Craig Bair

David Granoff

Mike Wilbur

Mike Ka rasiewiczU.S. Department of Transportation November 26, 2014 Page 11

A T T A C H M E N T A

This document is withheld as proprietary and confidential and is subject to non

- disclosure under Freedom of Information Act, 5 U.S.C. § 522 e t

. s e

q

.U.S. Department of Transportation November 26, 2014 Page 12

A T T A C H M E N T B

This document is withheld as proprietary and confidential and is subject to non

- disclosure under Freedom of Information Act, 5 U.S.C. § 522 e t

. s e

q

.U.S. Department of Transportation November 26, 2014 Page 13

A T T A C H M E N T C

This document is withheld as proprietary and confidential and is subject to non

- disclosure under Freedom of Information Act, 5 U.S.C. § 522 e t

. s e

q

.U.S. Department of Transportation November 26, 2014 Page 14

A T T A C H M E N T D

This document is withheld as proprietary and confidential and is subject to non

- disclosure under Freedom of Information Act, 5 U.S.C. § 522 e t

. s e

q

.