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.Anne Swanson 202.776.2534 aswanson@cooley.com

U.S. Department of Transportation
·Docket Management System

1200 NewJerseyAve., SE Washington, DC 20590 December 14, 2015

RE: Exemption Request Section 333 ofthe FAA Reform Act and Part 11 ofthe Federal Aviation Regulations Dear Siror Madam: J.R. Simplot Company ("Simplot"), by its attorneys, and pursuantto Section 333 ofthe FAA Modernization and Reform Act of2012 (the "Reform Act") and 14 C.F

.R. Part 11, seeks an exemption from the Federal Aviation Regulations ("FARs") listed below and discussed in detail in Appendix 1. 1 Simplot seeks this exemption to allow its use ofthe following unmanned aerial systems ("UASs"): (a) the Precision Hawk, Inc. Lancaster and (b) the senseFiy eBee. Simplot is one ofthe largest privately owned agricultural companies in the United States

. Simplot conducts major operations in areas such as ranching, food processing, mining, retail, and fertilizer production

. Simplotwill operatethe small UAS ("sUAS")to conduct aerial data collection operations, including, but not limited to, precision aerial surveys to supportthe company's agricultural business activities. The name and address ofthe applicant are: J.R. Simplot Company Attn: Allan Fetters, Director, Technology One Capital Center 999 W

. Main Street, Suite 1300 Boise, Idaho 83702 Ph: 208-672-2700 Email: allan.fetters@simplot.com Simplot will operate the sUAS within and underthe conditions outlined herein or as established by the FAA in an exemption granted undereither Section 333 or Section 49 U.S.C. 

### § 44701 (f). The operating conditions and limitations set forth below are identical to those imposed on previous exemption applicantsthat seekto conduct aerial data collection operations, including CH2M Hill Companies L TO, lnc

.2 The only material difference in this request from that particular
1 See Pub. Law 112-95,126 Stat. 11, 

### § 333 (2012)

. 2 See CH2M Hill Companies LTO, Inc., FAA Exemption No. 13662, Regulatory Docket No. FAA2015-3719 (November 17, 2015).

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. Department ofTransportation December 14, 2015 Page Two grant is a change in the aircraftthat Simplot proposes to use; however,the FAA has granted other petitioners' exemption requests for use ofthe Precision Hawk Lancaster and the senseFiy eBee in various commercial uses. 3 Because the unmanned vehicles specified in this request are the same aircraft as already approved in exemptions granted by the FAA, and Simplot will operate the aircraft in strict compliance with the conditions in existing exemptions previously granted by the FAA, or asthey may be amended, publication ofthis filing need not be provided in the Federal Register in orderto solicit public comment. As discussed below, the requested exemption would authorize commercial operations using sUAS, which, with a maximum take-offweight of less than 55 pounds, are lightweight and small in size. The unmanned vehicles will be operated under controlled conditions at low altitude in airspace that is limited in scope; they will have automated control features. The unmanned vehicles also will be operated by an individual possessing at least a recreational or sport pilot certificate and a U.S. state or commonwealth issued driver's license. Simplot hereby requests a blanket Certificate ofWaiver orAuthorization ("COA") forflights up to 200 feet above ground level in the form previously approved by the FAA. Simplot understands that under current FAA guidance, a separate COA is required to fly at altitudes above 200 feet above ground level; it will apply for such COAs when required. In addition, Simplotwill file Notices to Airmen for its flights, as required. Simplot respectfully submits that because these sUASs will be used in lieu of comparatively hazardous operations thatwould otherwise be conducted with conventional fixed wing or rotary aircraft, the FAA can have confidence that the operations will achieve at least an equivalent level or greater level of safety. Approval ofthis exemption would thereby enhance safety and fulfill the Secretary ofTransportation's (the FAAAdministrator's) responsibilities under Section 333(c) ofthe Reform Act to "establish requirements forthe safe operation of such aircraft systems in the national airspace system." The regulations from which the exemption is requested are as follows: 14 C.F.R. § 61.23(a) & (c); 14 C.F.R. § 61.101(e)(4) & (5) 14C.F.R. §61.113(a); 14 C.F.R. §61.315(a); 14 C.F.R. § 91.7(a); 14 C.F.R. § 91.119(c); 14 C.F.R. § 91.121 14 C.F.R. § 91.151(a); 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) & (b)

3 See, e.g., Satste/lar, LLC, FAA Exemption No. 12785, Regulatory Docket No

. FAA-2015-1259 (September 8, 2015).

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. Department ofTransportation December 14, 2015 Page Three Appendix 1 discusses each rule listed above and, in detail, explains why exemptions pursuant to the proposal set forth in this letterwill be appropriate, will provide an equivalent level of safety, and will advance the public interest. THE APPLICABLE LEGAL STANDARD UNDER SECTION 333 Simplot submits that grant ofthis exemption application for commercial use of the specified unmanned vehicles will advance the Congressional mandate in Section 333 ofthe Reform Act to accelerate the introduction of UASs into the national airspace system ("NAS") if it can be accomplished safely. This law directs the Secretary ofTransportation to considerwhether certain UASs may operate safely in the NAS before completion ofthe rulemaking required under Section 332 ofthe Reform Act. In making this determination, the Secretary is required to determinewhich types of UASs do not create a hazard to users ofthe NAS orthe public or pose a threat to national security in light ofthe following:
• The UAS's size, weight, speed, and operational capability; • Operation ofthe UAS in close proximity to airports and populated areas; and • Operation ofthe UAS within visual line of sight ofthe operator. Reform Act 

### § 333(a)(1). Ifthe Secretary determines that such vehicles "may operate safely in the national airspace system, the Secretary shall establish requirements forthe safe operation ofsuch aircraft in the national airspace system." 

### /d. 

### § 333(c) (emphasis added). 4 The Federal Aviation Act expressly grants the FAA the authority to issue exemptions. This statutory authority, by its terms, includes exempting civil aircraft, as the term is defined under 

### § 40101 of the Act, from the requirement that all civil aircraft must have a current airworthiness certificate and regulations requiring commercial pilots to operate aircraft in commercial service: The Administrator may grant an exemption from a requirement of a regulation prescribed under subsection (a) or (b) of this section or any of sections 44702- 44716 ofthis title ifthe Administratorfinds the exemption is in the public interest. 49 U.S.C. 

### § 44701 (f). See also 49 U.S.C. 

### § 44711 (a); 49 U.S.C. 

### § 44704; 14 C.F.R. 

### § 91.203(a)(1). The grant ofthe requested exemption is in the public interest based on the clear direction in Section 333 ofthe Reform Act; this additional authority in the Federal Aviation Act, as amended; the strong equivalent level of safety surrounding the proposed operations; and the significant

4 Simplot submits that this provision places a duty on the Administratorto not only process applications for exemptions under Section 333, but forthe Administrator, if he deemsthe conditions proposed herein require modification to allow approval, to supply conditions forthe safe operation ofthe UAS. Simplot welcomes the opportunity to consultwith FAA staff in order to address any issues or concerns that this proposal may raise that they believe may require modification.

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. Department ofTransportation December 14,2015 Page Four public benefit, including enhanced safety and cost savings associated with transitioning to sUASs for aerial data collection and lack of any threat to national security. Accordingly, Simplot respectfully requests that the FAA grant the requested exemption without delay. 5 AIRCRAFT AND EQUIVALENT LEVEL OF SAFETY Simplot proposes that the exemption requested herein apply to civil aircraft that have the characteristics and that operate with the limitations listed herein. These limitations provide for at least an equivalent or even higher level of safety to operations underthe current regulatory structure because the proposed operations represent a safety enhancement to operations that would be conducted with conventional aircraft. These limitations and conditions, which are drawn from the exemption granted to CH2M Hill Companies L TO, Inc., Exemption No. 13362, and to which Simplot (or "operator") agrees to be bound when conducting commercial operations, are as follows: 1. Operations authorized by this grant ofexemption are limited to the Precision Hawk Lancaster and the senseFiy eBee when weighing less than 55 pounds including payload. Proposed operations of any other aircraftwill require a new petition or a petition to amend this grant. 2. Operations for the purpose ofclosed-set motion picture and television filming are not permitted. 3. The UAS may not be operated at a speed exceeding 87 knots (100 miles per hour). The operator may use either groundspeed or calibrated airspeed to determine compliance with the speed restriction. In no case will the UAS be operated at airspeeds greaterthan the maximum UAS operating airspeed recommended by the aircraft manufacturer. 4. The UAS must be operated at an altitude of no more than 400 feet above ground level (AGL). Altitude must be reported in feet AGL. 5. The UAS must be operated within visual line of sight (VLOS) ofthe PIC at all times. This requires the PIC to be able to use human vision unaided by any device otherthan corrective lenses, as specified on the PIC's FAA-issued airman medical certificate or U.S. driver's license.

5 As noted above, in filing this application, Simplot also requests that the FAA, as it has in recent decisions, combine the grant ofthe Section 333 exemption with a stand-alone COAthat will allow commercial operation ofthe unmanned vehicles without the necessity offiling for a COA for each flight. Compliance with the conditions agreed to herein and those that may be imposed by the FAA, as setforth in prior Section 333 exemptions, provide the separation needed from other aircraft. Noticeto airmen and notice to airtraffic control can be provided by the filing of a NOT AM as set forth within the proposed conditions.

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. Department ofTransportation December 14, 2015 Page Five 6. All operations must utilize a visual observer (VO)

.The UAS must be operated withinthe visual line of sight (VLOS) ofthe PIC and VO at all times. The VO may be used to satisfy the VLOS requirement as long as the PIC always maintains VLOS capability. The VO and PIC must be able to communicate verbally at all times

. Electronic messaging or texting is not permitted during flight operations. The PIC must be designated before the flight and cannot transfer his or herdesignation forthe duration ofthe flight. The PIC must ensure that the VO can perform the duties required ofthe VO

. 7. The exemption and all documents needed to operate the UAS and conduct its operations in accordance with the conditions and limitations stated in the grant of exemption are hereinafter referred to as the operating documents. The operating documents must be accessible during UAS operations and made available to the Administrator upon request. If a discrepancy exists between the conditions and limitations in this exemption and the procedures outlined in the operating documents,the conditions and limitations in the exemption take precedence and must be followed

. Otherwise, the operator mustfollow the procedures as outlined in its operating documents. The operator may update or revise its operating documents. It is the operator's responsibility to track such revisions and present updated and revised documents to the Administrator or any law enforcement official upon request. The operator must also present updated and revised documents if it petitions for extension or amendmentto this grant ofexemption

. Ifthe operatordetermines that any update or revision would affect the basis upon which the FAA granted this exemption, then the operator must petition for an amendmentto 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

. Any UAS that has undergone maintenance or alterations that affectthe UAS operation orflight characteristics, e.g., replacement of aflight critical component, must undergo a functional test flight priorto conducting further operations underthis exemption. Functional testflights may only be conducted by a PIC with a VO and must remain at least 500 feet from other people. The functional testflight must be conducted in such a manner so as to not pose an undue hazard to persons and property
. 9. The operator is responsible for maintaining and inspecting the UAS to ensure that it is in a condition for safe operation. 10. Priorto each flight, the PIC must conduct a pre-flight inspection and determinethe UAS is in a condition for safe flight. The pre-flight inspection must account for all potential discrepancies, e.g., inoperable components, items, or equipment. Ifthe inspection reveals a condition that affects the safe operation ofthe 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.

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. Department ofTransportation December 14, 2015 Page Six 11. The operator mustfollow the UAS manufacturer's maintenance, overhaul, replacement, inspection, and life limit requirements forthe aircraft and aircraft components. 12. Each UAS operated underthis exemption must comply with all manufacturer safety bulletins. 13. Underthis grant ofexemption, a PIC must hold either an airline transport, commercial, private, recreational orsport pilot certificate. The PIC must also hold a current FAA airman medical certificate or a valid U.S. driver's license issued by a state, the District of Columbia, Puerto Rico, aterritory, a possession, orthe Federal government. The PIC must also meetthe flight review requirements specified in 14 CFR 

### § 61.56 in an aircraft in which the PIC is rated on his or her pilot certificate. 14. The operator may not permit any PIC to operate unless the PIC demonstrates the ability to safely operate the UAS in a manner consistent with howthe UAS will be operated underthis exemption, including evasive and emergency maneuvers and maintaining appropriate distancesfrom persons, vessels, vehicles, and structures. PIC qualification flight hours and currency must be logged in a manner consistent with 14 CFR 

### § 61.51 (b). Flights forthe purposes oftraining the operator's PIGs and VOs (training, proficiency, and experience-building) and determining the PIC's ability to safely operate the UAS in a manner consistentwith howthe UAS will be operated underthis exemption are permitted underthe terms of this exemption. However, training operations may only be conducted during dedicated training sessions. During training, proficiency, and experience-building flights, all persons not essential forflight operations are considered nonparticipants, and the PIC must operate the UAwith appropriate distancefrom nonparticipants in accordance with 14 CFR 

### § 91.119. 15. UAS operations may not be conducted during night, as defined in 14 CFR 

### § 1.1. All operations must be conducted under visual meteorological conditions (VMC). Flights under special visual flight rules (SVFR) are not authorized. 16. The UAS may not operate within 5 nautical miles ofan airport reference point (ARP) as denoted in the current FAAAirport/Facility Directory (AFD) orfor airports not denoted with an ARP, the center ofthe airport symbol as denoted on the current FAA-published aeronautical chart, unless a letter of agreementwith that airport's management is obtained or otherwise permitted by a COA issued to the exemption holder. The letter of agreementwith the airport management must be made available to the Administrator or any law enforcement official upon request. 17. The UAS may not be operated less than 500 feet below or less than 2,000 feet horizontallyfrom a cloud orwhen visibility is less than 3 statute miles from the PIC. 18. Fortethered UAS operations, the tether line must have colored pennants or streamers attached at not more than 50 foot intervals beginning 150 feet above the surface ofthe earth and visible from at least one mile. This requirementfor pennants or streamers is

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. Department of Transportation December 14, 2015 Page Seven not applicable when operating exclusively below the top ofand within 250 feet ofany structure,so long as the UAS operation does not obscure the lighting ofthe structure
. 19. Ifthe UAS loses communications or loses its GPS signal, the UAS must return to a predetermined location within the private or controlled-access property. 20. The PIC must abort the flight in the event of unpredicted obstacles or emergencies. 21

.The PIC is prohibited from beginning aflight unless (considering wind and forecast weather conditions) there is enough available power for the UAto conduct the intended operation and to operate afterthat for at least five minutes orwith the reserve power recommended by the manufacturer ifgreater. 22

.AirTraffic Organization (ATO) Certificate ofWaiver orAuthorization (COA). All operations shall be conducted in accordance with an ATO-issued COA. The exemption holder may applyfora new oramended COA if it intends to conduct operations that cannot be conducted underthe terms ofthe COA attached to the Section 333 grant. 23

.All aircraft operated in accordance with this exemption must be identified by serial number, registered in accordance with 14 CFR part 47, and have identification (N-Number) markings in accordance with 14 CFR part 45, Subpart C

. Markings must be as large as practicable

. 24

. Documents used by the operatorto ensurethe safe operation and flight ofthe UAS and any documents required under 14 CFR 

### §§ 91

.9 and 91.203 must be available to the PIC at the Ground Control Station ofthe UAS any time the aircraft is operating

.These documents must be made available to the Administrator or any law enforcement official upon request. 25. The UAS must remain clear and give wayto all manned aviation operations and activities at all times

. 26. The UAS may not be operated by the PIC from any moving device orvehicle. 27. All Flight operations must be conducted at least 500 feet from all nonparticipating persons,vessels, vehicles, and structures unless:
a. Barriers or structures are presentthat sufficiently protect nonparticipating persons from the UAS and/or debris in the event of an accident. The operator must ensure that nonparticipating persons remain undersuch protection

. If a situation arises where nonparticipating persons leave such protection and are within 500 feet ofthe UA, flight operations must cease immediately in a manner ensuring the safety of nonparticipating persons; and, b

.The owner/controller of any vessels, vehicles orstructures has granted permission for operating closerto those objects and the PIC has made a safety

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. Department ofTransportation December 14,2015 Page Eight assessment ofthe risk of operating closerto those objects and determined that it does not present an undue hazard. The PIC, VO, operatortrainees oressential persons are not considered nonparticipating persons underthis exemption

. 28. All operations shall be conducted over private or controlled-access property with permission from the property owner/controller or authorized representative. Permission from property owner/controller or authorized representative will be obtained for each flight to be conducted

. 29

.Any incident, accident, or flight operation that transgresses the lateral or vertical boundaries ofthe 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 NTSBWeb site: www.ntsb.gov

.

******** Privacy. All Simplot UAS operations will be conducted in accordance with applicable federal , state, or local laws regarding privacy. National Security. No national security issue is raised by the grant ofthis exemption

. Given the size, load carrying capacity, speed at which the unmanned aerial vehicles operate, and the fact thatthey carries no explosives or other dangerous materials, the sUASs pose no threat to national security

. ******** In summary, Simplot seeks an exemption from the FARs set forth in Appendix 1 to operate commercially sUAS (55 lbs. or less) in aerial data collection operations, as described above

. Approval ofthis exemption for commercial operations will enhance safety by reducing risk

. Conventional operations, usingjet or piston powered aircraft, operate at extremely low altitudes justfeet from the subject being inspected and in extreme proximityto people and structures. Such manned operations present the risks associated with vehicles that weigh in excess of 6,000 lbs., carrying large amounts ofjetA or otherfuel. Such aircraft mustfly to and from the project location. In contrast, a sUAS, which weighs fewerthan 55 pounds and is powered by batteries, eliminates virtually all ofthat risk given the reduced mass and lack ofcombustible fuel carried on board. The sUAS is carried to the target area and not flown

. The sUAS will carry no passengers or crew and, therefore,will not expose such individuals to the risks associated with manned aircraft flights

. The operation ofthis small craft,weighing fewer than 55 pounds, conducted in the strict conditions outlined above,will provide an equivalent level ofsafety supporting the grant ofthe exemptions requested herein. Operating at slow speeds- close to the ground and in areas that

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. Department ofTransportation December 14,2015 Page Nine are underthe control ofthe operator- these aircraft will be far saferthan would be conventional manned aircraft conducting similar operations and flying in close proximity to the ground and people. Satisfaction ofthe criteria provided in Section 333 ofthe Reform Act of2012 - size, weight, speed, operating capabilities, proximity to airports and populated areas, and operation within visual line ofsight, and national security- provides more than adequatejustification forthe grant ofthis requested exemption to allow commercial operation of applicant's UAS forthe purposes outlined herein. The grantwill be consistentwith exemptions already granted. 

# Ll ?J:s,

M. Anne Swanson Counsel for J.R. Simplot Company
cc: Mr. Rick May Mr. Jake Troutman Mr. Dean Griffith, Esquire Mr. Dan Ngo Mr. Vid Mahan-Ram Mr. Allan Fetters

1299 PENNSYLVANIA AVENUE, NW, SUITE 700, WASHINGTON, DC 20004-2400 T: (202) 842-7800 F: (202) 842-7899 WWW.COOLEY.COMAPPENDIX 1
EXEMPTION REQUESTS AND DETAILED EQUIVALENT LEVEL OF SAFETY DEMONSTRATION UNDER APPLICABLE RULES SUBJECTTO EXEMPTION Simplot requests an exemption from the following regulations as well as any additional regulations that maytechnically apply to its operation ofthe unmanned vehicles: 14 C.F.R. 

### § 61.23(a) and (c): Medical Certificates: Requirement and Duration Sections 61.23(a) and (c) address the requirement of medical certificates for pilots. Section 61.23(a) requires a person exercising the privileges of a recreational pilot to hold at least a third class medical certificate. Section 61.23(c) permits the holder ofa sport pilot certificate to act as PIC of a light-sport aircraftwith either a medical certificate or U.S. issued driver's license. Lightsport aircraft mayweigh up to 1,430 pounds and seat up to two persons, including the pilot. Comparatively, the unmanned vehicles will weigh fewerthan 55 pounds, and they will not carry pilots, passengers, or cargo. The UAS will also be operated within visual line of sight ofthe PIC and below400 feet above ground level and limited to operations with permission over private or controlled-access property. Given these safety parameters, Simplot requests that the FAAwaive Section 61.23(a) upon a finding that an equivalent level ofsafetywill be provided by allowing operation ofthe unmanned vehicles by pilots with a recreational pilot certificate and avalid U.S. state or commonwealth issued driver's license, in lieu of an FAA-issued medical certificate. Simplot also requests that the FAA grant relieffrom Section 61.23(c) to allow sport pilot certificate holders to operate aircraft otherthan light-sport aircraftwith a valid U.S. issued driver's license. The FAA has granted exemptions to conduct similar operations in a number of cases, including Exemption 11213. 14C.F.R. 

### § 61.101(e)(4) and (5), 61.113(a), and 61.315(a): Recreational Pilot Privileges and Limitations; Private Pilot Privileges and Limitations: Pilot in Command; Whatare the privileges and limits of my sport pilot certificate? Sections 61.101 (e)(4) and (5) and 61.113(a) limit recreational or private pilots to noncommercial operations. Unlike a conventional aircraft that carries a pilot, passengers, and cargo, the unmanned vehicles in this case are remotely controlled with no passengers or property of others on board. Section 61.315(a) addresses the privileges and limitations ofthe holder ofa sport pilot certificate. Simplot respectfully proposes that operator requirements should take into account the characteristics ofthe particular UAS. The unmanned vehicles have a high degree of preprogrammed control and various built-in navigation and othertechnical capabilities that strictly limit the potential for operation outside ofthe operating conditions setforth in the exemption application. Flights are pre-programmed with precision GPS guidance and do not require human intervention.Given these safetyfeatures, operators ofthe unmanned vehicles should not be required to hold a commercial pilot certification. Instead, operators should be required to hold only a recreational or sport pilot certificate. The risks associated with the operation ofthe unmanned vehicles (given their size, speed, operational capabilities, and lack ofcombustible fuel) are so diminished from the level of risk associated with commercial operations contemplated by Part 61 with conventional aircraft (fixed wing or rotorcraft) that allowing operations ofthe UASs as set forth above meets or exceeds the present level ofsafety provided underthe regulations cited above and does not rise to the level of requiring a commercial pilot to operate the aircraft. Given these conditions and restrictions, an equivalent level ofsafety will be provided by allowing operation ofthe unmanned vehicles with a recreational or sports pilot certificate, underthe conditions setforth in the exemption request. The FAA has granted exemptions to conduct similar operations in a number of cases, including Exemption 11213. 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 ofthe unmanned vehicles without an airworthiness certificate, no standard will exist for airworthiness ofthe unmanned vehicles. Given the size ofthe aircraft and the requirements to which the operator has agreed relating to airworthiness, an equivalent level of safetywill be achieved. The FAA has granted exemptions to conduct similar operations in Exemptions 11062 through 11067, 11080,11109, 11110,11136,11138, and 11213. 14C.F.R. 

### § 91.119(c): Minimum Safe Altitudes. Section 91.119 establishes safe altitudes for operation ofcivil aircraft. Specifically, 91.119(c) limits aircraft flying over areas otherthan congested areas to an altitude of500 feet above the surface, except over open water or sparsely populated areas. In those cases, the aircraft may not be operated closerthan 500 feet to any person, vessel, vehicle, or structure. As setforth herein, the unmanned vehicles will never operate at higherthan 400 feet AGL. They will, however, be operated to avoid congested or populated areas. Because aerial data collection 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 ofsafetywill be achieved given the size, weight, speed, and material with which the unmanned vehicles are built. Also, no flight will be taken withoutthe permission of the landowner orthose who control the land as well as the permission of local officials, if required. Because of advance notice to the landowner, all affected individuals will be aware of the flights. Compared to operations conducted with aircraft or rotorcraft weighing far more than 55 pounds and carrying flammable fuel, any risk associated with these operations will be far less than the risks currently posed by conventional aircraft operating at or below 500 feet AGL. Indeed, the low-altitude operations ofthe UAS will maintain separation between these sUAS operations and the operations ofconventional aircraft that must comply with Section 91.119.


### 2The FAA has granted exemptions to conduct similar operations in Exemptions 11062through 11067, 11080, 11110, 11136,11138, 11150, 11153, and 11213. 14 C.F.R. 

### § 91.121: This regulation requires each person operating an aircraftto maintain cruising altitude by reference to an altimeterthat is set "

...to the elevation ofthe departure airport or an appropriate altimeter setting available before departure." As at least one sUAS model specified herein will not have a barometric altimeter, but instead a GPS altitude read out, an exemption will be needed. An equivalent level ofsafety will be achieved by the operator by confirming the altitude ofthe launch site shown on the GPS altitude indicator before flight. The FAA has granted exemptions to conduct similar operations in Exemptions 11062, 11213, 11360 and 11447. 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 underVFR 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 afterthatfor at least 30 minutes; or (2) At night, to fly afterthat for at least 45 minutes." The batteries powering the unmanned aircrafts provide less than 30 minutes of powered flight. Without an exemption from§ 14 C.F.R. 91.151, the UAS's flights would not be possible. Given the limitations on their proposed operations and the location ofthose proposed operations, a longertime frame forflight in daylight VFR conditions is reasonable. Simplot believes that an exemption from 14 C.F.R. § 91.151(a) is safe and within the scope of prior exemptions. See Exemption 11213. Operating sUAS without 30 minutes of reserve fuel does not engenderthe type of risks that Section 91.151 (a) was meantto prevent given the size and speed at which the UAS operate. The fact that they carry no pilot, passenger, or cargo also enhances their safety. In the unlikely event thatthe unmanned vehicles achieve a low battery state, they would simply return to home and land. Given their weight and construction material, the risks are less than contemplated by the current regulation. Simplot believes that an equivalent level ofsafety can be achieved by maintaining five minutes of reserve fuel, which would be more than adequate to return the UAS to their planned landing zone from anywhere in their operating area. Similar exemptions have been granted to other operators, including Exemptions 11062 through 11067,11080, 11109, 11110,11112,11136,11138, 11150,11153, and 11213. 14 C.F.R. 

### § 91.405(a); 407(a)(1); 409(a)(2); 417(a) & (b): Maintenance Inspections Section 91.405(a) requires that an aircraft operator or owner "shall have that aircraft inspected as prescribed in subpart E ofthis part and shall between required inspections, except as provided in paragraph (c) ofthis 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 forthe issuance of an airworthiness


### 3certificate. Section 91.417(a) requires the owner or operatorto keep records showing certain maintenance work that has been accomplished by certificated mechanics, under Part 43, or licensed pilots and records of approval ofthe aircraft for return to service. Maintenance ofthe unmanned vehicles will be accomplished by the owner/operator. An equivalent level of safety will be achieved because the UAS are small in size, will carry a small payload, will operate only in restricted predetermined areas, and are not a complex mechanical device. The operatorwill ensure that the UAS are in working order priorto initiating flight, perform required maintenance, and keep a log ofany maintenancethat is performed; moreover, the operator is the person most familiarwith the aircraft and is best suited to maintain the aircraft in an airworthy condition and to ensure an equivalent level ofsafety. The FAA has granted exemptions for similar operations in Exemptions 11062through 11067, 11080, 11109, 11110,11112, 11136,11138, and 11213.



### 4