AeroHarvest

Thomas Ashman

P.O. Box 1062

Lompoc, CA 93438

805-743-3526

thomas@aeroharvest.com

February 19, 2015

U.S. Department of Transportation

Docket Operations 

1200 New Jersey Ave., SE

Washington, DC 20590

Re: Petition of AeroHarvest, LLC for an Exemption Pursuant to Section 333 of the FAA 

Modernization and Reform Act of 2012

To Whom It May Concern,

Pursuant to Section 333 of PL 112-95 commonly known as the “FAA Modernization and Reform 

Act of 2012” or “The Reform Act”, AeroHarvest LLC (d/b/a AeroHarvest), hereby applies for 

authorization to conduct commercial unmanned aerial systems (UAS) operations for the California 

agriculture industry within the United States National Airspace System (NAS); within Class G and 

occasionally E airspace, along with additional restrictions identified herein. 

The requested exemption would support an application for a commercial Certificate of 

Authorization to use the E384 fixed wing UAS to support agriculture. The E384 system consists 

of a lightweight (1.5 lb) battery operated aircraft, a PC-based ground control station, and associated 

communications equipment. The aircraft carries an onboard geo-referenced still camera that allows

it to conduct precision photogrammetry and crop scouting at the resolutions necessary for precision 

agriculture. This high-resolution data can direct variable irrigation and seeding rates as well as the 

precise application of fertilizers, pesticides and herbicides. This data helps farmers to maximize 

yields while reducing costs and impacts to the environment. By approving these exemptions, the 

FAA will create benefits to both agriculture and the environment which are ultimately in the public 

interest.

This petition for exemption is made based on information outlined in this Petition for Exemption, 

as well as the referenced E384 Operations Manual and E384 Maintenance Manual. AeroHarvest

will provide these supporting materials upon request as confidential documents pursuant to 14 

C.F.R. § 11.35(b), as the materials contain confidential commercial and/or proprietary information 

that AeroHarvest has not and will not share with others. Additionally, these documents contain 

operating conditions and procedures that are not generally available to the public and are protected 

from release under the Freedom of Information Act, 5 U.S.C. § 552 et seq., and any other 

requirements established by the FAA pursuant to Section 333 of the Reform Act.
Table of Contents

I. Petition Summary

II. Background

A. Description of Petitioner

B. Description of UAS

C. Description of Proposed Operations

III. Statutory Authority

A. FAA Modernization and Reform Act of 2012, Section 333 

B. How AeroHarvest meets the criteria laid forth in Section 333 

C. Other Relevant Factors

IV. Basis for Petition

A. Petitioner Information

B. Specific Sections of 14 CFR from which AeroHarvest Seek Exemption

C. Public Interest

D. Additional Information, Views, and Arguments

E. Summary of Federal Register

F. Conclusion

Additional Documentation available upon request:

 AeroHarvest Business Strategy (Appendix A)

 E384 Operations Manual (Appendix B)

 E384 Maintenance Manual (Appendix C)

 Event 38 Training Syllabus (Appendix D)

I. Petition Summary

Pursuant with Section 333 of the FAA Modernization and Reform Act of 2012, AeroHarvest 

requests exemption from the following Federal Aviation Regulations that are found under Title 14 

of the Code of Federal Regulations (CFR): 61.113 (a) and (b), 91.7 (a), 91.119 (c), 91.121, 91.151 

(a)(1), 91.405 (a), 91.407 (a)(1), 91.409 (a)(1) and (2), 91.417 (a) and (b). AeroHarvest seeks 

expedited approval and exemption from the CFRs listed above in order to operate the E384 

Unmanned Aircraft System (UAS) for the purpose of providing high resolution aerial imagery to 

domestic agriculture and viticulture management companies as part of our consulting services. 

Operation of the E384 by AeroHarvest will follow strict operational limitations as outlined in this 

document and all recommendations by the FAA.
II. Background

A. Description of Petitioner: AeroHarvest

AeroHarvest was founded in 2015 by Thomas Ashman with the express mission of providing 

Central Coast growers and crop managers with the tailored and flexible low altitude remote 

sensing, data processing, and crop consulting services to help improve yields on every acre and 

make informed decisions to reduce costs and environmental impact. 

The AeroHarvest team carries an impressive mix of skills and experience in the aviation and 

agriculture industries. The founder has served in the United States Air Force for nine years as an 

aircraft maintenance manager on various airframes. His graduate capstone project for the Master 

of Science degree program in business management from Embry-Riddle Aeronautical University 

presented subjective research findings focused on crop manager perceptions, expectations and 

willingness to incorporate UAS technology in day-to-day and seasonal operations. The lead crop 

consultant on the AeroHarvest team, Andrew Moya, has eight years of experience working in the 

California wine and agriculture industries. He holds current licenses as a certified pest control 

advisor (PCA) and a certified crop advisor. He hold a Bachelor of Science degree in bio-resource 

and agricultural engineering.

NOTE: Confidential biographies available upon request

B. Description of UAS: E384

The E384 UAS is manufactured by Event 38 located in Akron, Ohio. The system consist of a 

lightweight battery operated aircraft, ground control station, and associated data link equipment. 

The E384 airframe is constructed of EPO foam with a carbon fiber tail and weighs 5.9 lbs. with a 

wingspan of 6.2 ft. and total length of 4.3 ft. The E384 is powered by two lithium polymer batteries 

that drive an electric propeller. It is hand launched, has maximum flight time of 100 minutes, and 

operates at a cruising speed of 27 mph. The ground control station consist of a Turnigy 9XR remote 

and PC computer which have a maximum data link range of 5.4 NM. If the E384 loses link with 

the ground control station or detects a low battery state at any time it will initiate a return-to-launch 

sequence. 
The E384 has extensive flight experience and a history of operational success overseas, including 

flights by over one hundred professional operators on 6 continents. It has been used in Uganda to 

survey potential land for the construction of a hydroelectric power plant. It has also been used in 

Greece by the National Technical University of Athens to study open-pit mining. In Belize the 

Fishery Department started routine flights with the E384 to track illegal fishing in protected waters. 

More recently in the United States the E384 was flown over three days at the Cleveland Airshow, 

demonstrating its ability to safely integrate and operate in the NAS.

For additional information on the E384, reference Appendix B (E384 Operations Manual) and 

Appendix C (E384 Maintenance Manual), which specify manufacturing information, aircraft 

performance, operating limits, normal and emergency procedures, fail-safe features, and 

maintenance and inspection procedures.

C. Description of Proposed Operations

AeroHarvest intends to use small UASs weighing less than 55 pounds for the purpose of 

conducting aerial surveys and inspections of wine vineyards and other crops. All UAS operations 

will occur under tightly controlled conditions on privately owned vineyards and farms at the 

owner's request and consent. These vineyards and farms are generally located in rural valleys away 

from people, crowds, and buildings. The proposed UAS operations will be conducted in 

accordance with the conditions and limitations of this Petition for Exemption and the E384 

Operations Manual. Among other things, proposed UAS operations conducted by AeroHarvest 

will be limited to daytime VFR conditions in uncontrolled airspace, and will occur at altitudes at 

or below 400 feet AGL and at least 5 miles away from any airport.

III. Statutory Authority

A. FAA Modernization and Reform Act of 2012, Section 333 

Section 333 (a) states that the FAA “shall determine if certain unmanned aircraft systems may 

operate safety in the national airspace system before completion of the plan and rulemaking 

required by Section 332”. Section 333 (b) then lists several factors that should be considered in 

determining which UAS would be eligible for expedited integration into the National Airspace

System (NAS). Specifically, Section 333 describes UAS that “as a result of their size, weight, 

speed, operational capability, proximity to airports and populated areas, and operation within 

visual line of sight do not create a hazard to the users of the national airspace system or the public, 

or pose a threat to national security”. If a UAS meets the criteria laid forth in Section 333 (b), 

Section 333 (c) then gives the FAA the authority to decide if an airworthiness certification as 

specified by Title 49 United States Code, Section 44704 is even required for operation. Section 

333 (c) specifically states that the FAA can determine “whether a certificate of waiver, certificate 

of authorization, or airworthiness certification under section 44704 of Title 49, United States Code, 

is required for the operation of unmanned aircraft systems”. Thus, the FAA has the ability to allow 

a UAS that meets the criteria put forth in Section 333 (b) to operate within the NAS without an 

airworthiness certification as long as the UAS does not pose any hazard or threat to the NAS, 

public, and national security. 
B. How AeroHarvest meets the criteria laid forth in Section 333 

Below are the criteria laid forth in Section 333 (b) and a detailed description of how AeroHarvest

meets each of these criteria. 

1. Size, Weight, and Speed 

The E384’s foam airframe weighs 5.9 lbs., has a 6.2 ft. wingspan, length of 4.3 ft., and operates at 

cruising speeds of 27 mph. This small, lightweight aircraft that operates at relatively slow speeds 

poses little to no hazard to people or structures on the ground, thus making it an exponentially 

safer alternative to manned, fixed wing aircraft for aerial imaging. 

2. Operational Capability 

The primary function of the E384 is to provide aerial imagery using one of two interchangeable 

geo-reference still cameras. High resolution data generated from these cameras offer a wide range 

of applications through analysis, such as biomass estimation, yield monitoring, leaf area indexing, 

and overall crop health. This information then helps companies maximize crop yields, which is of 

great benefit to the economy and the public. 

The E384 is hand launched on-site, requiring no runway for take-off and landing and no transit to 

and from the site. Once airborne, the E384 will fly at an altitude of 400 ft. AGL or less over the 

designated agricultural plot. Prior to flight, the Pilot in Command (PIC) sets a designated flight 

area and flight parameters to ensure that the E384 will remain within the confines of the approved 

site and not exceed a maximum altitude 400 ft. AGL. If a critical issue such as a low battery state 

or a loss of datalink is detected at any time the E384 will immediately execute a return-to-launch 

sequence (Reference Appendix B). The E384’s small operational footprint and built-in safety 

protocol provide a much safer alternative for aerial imaging and would pose a minimal hazard to 

the NAS or public. 

3. Proximity to Airports/Populated Areas 

All UAS operations will occur under tightly controlled conditions on privately owned vineyards 

and farms at the owner's request and consent. These vineyards and farms are generally located in 

rural valleys away from people, crowds, and buildings. The proposed UAS operations will be 

conducted in accordance with the conditions and limitations of this Petition for Exemption and the 

E384 Operations Manual. Pproposed UAS operations conducted by AeroHarvest will occur at 

altitudes at or below 400 feet AGL and at least 5 miles away from any airport.

4. Visual Line of Sight (VLOS) 

The E384 will be flown in accordance with day Visual Flight Rules (VFR) and only in Visual 

Meteorological Conditions (VMC) during day-light hours. The E384 will operate within 1 NM 

and VLOS of the PIC at an altitude 400 ft. AGL or less. When used, the Visual Observer (VO)

will be responsible for ensuring that the E384 remains within VLOS at all times and will also assist

in spotting potential hazards. When a VO is not used, the PIC will be responsible for maintaining 

VLOS.
C. Other Relevant Factors 

1. Operational Limitations 

AeroHarvest has established the following operational limitations for E384 flights over 

designated sites. 

 E384 flights are only permitted over designated sites 

 The E384 will only operator in Class G and occasionally Class E airspace. When 

operation in Class E airspace is required, Air Traffic Control (ATC) permission will be 

obtained

 The E384 will operate at or below 400 ft. AGL 

 The E384 will operate within VLOS of the PIC or VO (when used)

 The VO (when used) will be located next to the PIC and will ensure the aircraft remains 

within VLOS and assist in spotting potential hazards 

 The E384 will remain close enough to the operator for the operator to be capable of 

seeing the aircraft with vision unaided by any device other than corrective lenses

 The E384 will operate in accordance with Day Visual Flight Rules and only in Visual 

Meteorological Conditions during official daylight hours (local time)

 E384 operations will only be conducted with minimum weather visibility of 3 miles from 

the E384 control station

 The duration of each E384 flight shall not exceed 100 minutes 

 All take-off and landings will occur on-site in accordance with the E384 Operations 

Manual (Reference Appendix B) 

 E384 flights will avoid direct overflight of any office or maintenance buildings located 

on-site 

 The E384 will not operate over any persons not directly involved in the operation

 The PIC will yield right-of-way to other aircraft, manned or unmanned

 The PIC will conduct a preflight inspection of the E384 in accordance with the E384 

Operations manual (Reference Appendix B) and determine that the E384, along with any 

supporting equipment, is safe for operation

 All employees working on-site will be thoroughly briefed on E384 operations prior to 

operations commencing 

 E384 operations will be conducted by certified unmanned aircraft operators with small 

UAS rating who have completed Event 38’s Training Program (Reference Appendix D) 

 E384 flights will be cancelled in the event that any aircraft or ground control station 

equipment is inoperative or not fully functional 

 If the PIC or VO spot a potential hazard, such as a manned aircraft within close proximity 

to the designated flight area, the PIC will immediately land the E384 and operations will 

only resume after the hazard is clear of the area 

 All E384 maintenance will be accomplished in accordance with the E384 Maintenance 

Manual (Reference Appendix C) 

 Only one E384 will be airborne at any given time for each designated site 

 The PIC will file a NOTAM for E384 flights at each site, providing at a minimum 

radial/DME, radius, and a date/time group 

 The E384 will display its registration markings in accordance with 14 CFR Part 45
AeroHarvest will be bound by these limitations for commercial flights after FAA approval of the 

exemptions laid forth in this petition. AeroHarvest will also follow any guidance from the FAA in 

accordance with Sec 333 (c) which states that after determining if a UAS meets the criteria for safe 

operation that the FAA “shall [also] establish requirements for the safe operation of the” UAS in 

the NAS. 

2. Operating Locations

AeroHarvest seeks approval to conduct precision agriculture operations at sites that meet the 

following criteria: 1) site is owned and operated by an AeroHarvest customer who has granted 

express permission to conduct operations 2) site consists of agricultural plots, and 3) no airports 

are within 5 NM of the site. AeroHarvest will also comply with any additional requirements or 

restrictions the FAA may have for E384 operations at these future sites.

IV. Basis for Petition

A. Petitioner Information

AeroHarvest, LLC

300 N. 3rd St

Lompoc, CA 93436

Phone: 805-743-3526

Email: thomas@aeroharvest.com

B. Specific Sections of 14 CFR from which AeroHarvest Seek Exemption

 61.113 (a) and (b)

 91.7 (a)

 91.119 (c)

 91.121

 91.151 (a)(1)

 91.405 (a)

 91.407 (a)(1)

 91.409 (a)(1) and (2)

 91.417 (a) and (b)

C. Public Interest

The proposed UAS operations in this petition will benefit the public by improving farmers’ ability 

to make environmentally responsible management decisions, promote job creation in California, 

and advance the integration of UAS into the NAS. 

High-resolution aerial collection from small UAS will enable AeroHarvest to conduct precision 

agriculture with significantly improved detail allowing crop managers to apply water, fertilizer 

and chemicals only where absolutely necessary in only the amounts necessary at periodic intervals. 

The incentive for farmers and crop managers goes beyond environmental responsibility. The 

increased precision helps farmers maximize yields while reducing input costs. The ability to spray 
pesticides in select regions also reduces human exposure to pesticides and mitigates negative sideeffects on the ecology of the farm/vineyard associated with overuse of pesticides. The public as a 

whole will benefit from an agricultural industry that can harness the power of new technologies to 

produce better crops in a cost-effective, sustainable and environmentally conscious manner.

The ongoing drought in California poses serious concerns for the state’s agriculture industry. This 

year, 42 of the California’s 58 counties were declared natural disaster areas due to damages and 

losses blamed on the drought. This is of course a two way street. Agriculture and manufacturing 

account for four-fifths of all water use by businesses and residences. This interdependency 

presents a number of serious business risks for the region. California businesses are also prone to 

short-term losses from floods and earthquakes. As greenhouse gas induced climate change 

continues to take hold, these concerns are likely to become increasingly volatile. On the other 

hand, there are positive trends to look forward to, such as increased efficiencies in agricultural 

water use. Precision agriculture may play an increasingly important role in this effort. 

Economists portend that California will be the top state in the U.S. when it comes to UAS 

expenditures in coming years. While economic conditions are favorable overall to support the 

growth of commercial UAS across many sectors, the boon is also expected to kickback significant 

economic growth and job creation across the state, mostly in agriculture and public safety 

responders. The exemption which would permit AeroHarvest to conduct operations would also 

permit an early beginning to the growth of the UAS industry in California.

AeroHarvest intends to conduct UAS operations in a legally and environmentally responsible 

manner which sets the standard for the industry. Compliance with local and federal laws as well 

as prudent operational caution will reduce the likelihood of mishaps and mitigate risks to the 

public. With the experience this team has acquired in both aviation and agriculture; the FAA will

provide a great service to the California public and the American public by approving 

AeroHarvest’s exemption request. 

D. Additional Information, Views, and Arguments

The following appendices are available upon request and should be treated confidentially for 

proprietary reason. 

 AeroHarvest Business Strategy (Appendix A)

 E384 Operations Manual (Appendix B)

 E384 Maintenance Manual (Appendix C)

 Event 38 Training Syllabus (Appendix D)

E. Summary for Federal Register

Pursuant to Section 333 of the FAA Modernization and Reform Act of 2012, AeroHarvest requests 

exemption from the following Federal Aviation Regulations that are found under Title 14 of the 

Code of Federal Regulations (CFR): 61.113 (a) and (b), 91.7 (a), 91.119 (c), 91.121, 91.151 (a)(1), 

91.405 (a), 91.407 (a)(1), 91.409 (a)(1) and (2), 91.417 (a) and (b). Exemption from these 

regulations would allow AeroHarvest to operate the E384 Unmanned Aerial System over domestic 

vineyards and agricultural land sites for the purpose of collecting high resolution aerial imagery of 

agricultural plots for use in crop consulting services.
F. Conclusion

Pursuant to Section 333 of PL 112-95 commonly known as the “FAA Modernization and Reform 

Act of 2012” or “The Reform Act”, AeroHarvest LLC (d/b/a AeroHarvest), hereby applies for 

authorization to conduct commercial unmanned aerial systems (UAS) operations for the 

agriculture, oil and gas, aerial photography and wildlife preservation industries, within the United 

States National Airspace System (NAS); within Class G and occasionally E airspace.

Throughout this exemption request, AeroHarvest has shown how their expertise and knowledge 

with UAS technology will ensure the public’s best interest is at hand and assist the FAA with their 

charge to: “...safely accelerate the integration of civil unmanned aircraft systems into the national 

airspace system...” as directed by Congress. They have also shown how the approval of this 

request will meet and exceed “...at least an equivalent level of safety...” for the regulations from

which they seek exemption.