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,QWHUQDWLRQDO'ULYH3HQWKRXVH

McLean,'VA'22102

Tel:'703.336.8800

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Northern'Virginia

Orange'County

Rancho'Santa'Fe

San'Diego

San'Francisco

Seoul

Washington,'DC

Mark 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 Modernization 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 FAA 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 submits the 

following supplement to its Petition for Exemption and revised Precision Agriculture Survey and 

Inspection Operations and Flight Manual (hereinafter 3Petitioner's 0DQXDO ́ or "Petitioner's 

Operations Manual").

1

 

 1 This Manual contains confidential commercial and proprietary information that the Petitioner

has not and will not share with others. The Manual contains 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 et.seq. 
U.S. Department of Transportation

November 26, 2014

Page 2

I. 14 C.F.R. § 61.113: PRIVATE#PILOT#PRIVILEGES#AND#LIMITATIONS

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 qualifications:

3HWLWLRQHU¶VUAS 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 additional 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 limitations 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 have 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 pilots 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 exemption, 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 takeoffs and three landings in the preceding 90 days. All training, proficiency, experiencebuilding, and take-off and landing currency flights shall occur within a confined "Sterile 

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

considered nonparticipants, and the PIC will operate the UAS with appropriate distance 

 2 Consistent 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 times. 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 operations 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 right 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 nontowered airport as denoted on a current FAA-published aeronautical chart unless a letter of 

DJUHHPHQWZLWKWKDWDLUSRUW¶VPDQDJHPHQWLVREWDLQHGDQGWhe operation is conducted in 

accordance with a NOTAM as required by the Petitioner's COA. The letter of agreement 

with the airport management 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 following:

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-scene 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 operations 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.

II. 14 C.F.R. PART 21, SUBPART H2AIR W ORT HINESS C ERT I F I C A T ES & 14 C.F.R.

§ 91.203(A) AND (B): C ARRYING CI V I L AIRCRA F T C ERT I F I C A T ION AND

RE GISTRA T ION.

In further support of Petitioner's request for exemption from 14 C.F.R. § 91.203(A)(1), 

Petitioner will require 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. AIRCRAFT#MARKING#AND#IDENTIFICATION#REQUIREMENTS: 14C.F.R. §§ 91.9(C),

45.23(B) AND#45.27(A).

5HJDUGLQJWKHSHWLWLRQHU¶VUHTXHVWHGUHOLHIIURP&)5E'LVSOD\RIPDUNVWKH

SHWLWLRQHU¶VUHTXHVWwas made under the assumption that markinJZLWKWKHZRUG3H[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 experimental certificates under § 

21.191, and that since SHWLWLRQHU¶V8$6ZLOOQRW be certificated under 14 CFR § 21.191, a grant of 

exemption for 14 CFR § 45.23(b) is not necessary. (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 have identification markings in 

accordance with 14 C.F.R. Part 45, Subpart C. These markings will be made as large as practicable. 

See FAA Docket No. FAA-2014-0352 at 14. 

IV. 14 C.F.R. § 91.9(B)(2): CIVIL#AIRCRAFT#FLIGHT#MANUAL#IN#THE#AIRCRAFT.

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 the 
U.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): CIVIL#AIRCRAFT#AIRWORTHINESS.

In the Astraeus Aerial Grant of Exemption, the FAA has stated that no exemption is required 

for 14 C.F.R. § 91.7(a) to the extent that the requirements of Part 21 are waived or found 

inapplicable. See 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: PREFLIGHT#ACTION#

In further support of Petitioner's requested exemption 14 C.F.R. § 91.13 Preflight Action, 

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 loses 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 conducted 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 than 3 statute miles from the PIC.

VII. 14 C.F.R. § 91.109(A): FLIGHT#INSTRUCTION.

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 experience 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 developed 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 operations, a flight demonstration, 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: MINIMUM#SAFE#ALTITUDES

In further 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 be 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 authorized 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 

mitigations 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 employees 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 accepted 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 this buffer to be reduced to 200 feet if it would not adversely affect safety and 

the Administrator has approved it. 

IV. 14 C.F.R. § 91.121 ALTIMETER#SETTINGS#

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 the following:

x The UAS that Petitioner intends to use3 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 predetermined 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 

control station tablet will allow the PIC to monitor real-time telemetric data which downlinks 

from the UA to the ground control station, including: altitude, airspeed, ground speed, 

heading, direction, throttle, distance from the ground control station, remaining 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): FUEL#REQUIREMENTS#FOR#FLIGHTS#IN#VFR CONDITIONS.

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 Astraeus 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 requested 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 remaining.

x The UAS will abort the flight in the 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):

MAINTENANCE#INSPECTIONS.

In addition to Petitioner's requested exemptions from 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) of this section, no person may operate an 

aircraft unless, within the preceding 12 calendar months, it has had2

(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 support 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 

following requirements which are designed to ensure that the proposed operations will not adversely 

affect safety with regard to the regulatory maintenance, alteration, and inspection requirementsfrom 

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 maintenance 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 will 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¶VUAS aircraft/component, maintenance, overhaul, 

replacement, inspection, 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 hasrevised 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. ADDITIONAL#OPERATING#PARAMETERS#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 the 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 Petitioner 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 operations may not be conducted until the incident, accident, or 

transgression is reviewed by AFS-80 and authorization to resume operations is provided.

XIII. CONCLUSION#

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 described 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 additional information is required to support the request relief, 

please do not hesitate to contact the undersigned. 
U.S. Department of Transportation

November 26, 2014

Page 10

Very truly yours,

/s/ Mark A. Dombroff

_______________________

Mark A. Dombroff

Matthew J. Clark 

Counsel for Wilbur-Ellis Co.

Attachments (All Subject to Non-Disclosure Under the Freedom of Information Act, 5 U.S.C. 

§ 552 et seq.):

Attachment A: Wilbur-Ellis Co. Precision Agriculture Survey and Inspection Operations and 

Flight Manual (Revised)

Attachment B: HoneyComb AgDrone UAS Operation Manual 

Attachment C: HoneyComb COA Process Guide

Attachment D: Honeycomb Maintenance and Inspection Guide 

cc: Timothy Nestler

Matthew Richmond

Craig Bair

David Granoff

Mike Wilbur

Mike Karasiewicz
U.S. Department of Transportation

November 26, 2014

Page 11

A T T A C H M ENT 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 et. seq.
U.S. Department of Transportation

November 26, 2014

Page 12

A T T A C H M ENT 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 et. seq.
U.S. Department of Transportation

November 26, 2014

Page 13

A T T A C H M ENT 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 et. seq.
U.S. Department of Transportation

November 26, 2014

Page 14

A T T A C H M ENT 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 et. seq.