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 I t 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 wi ng 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 applicat ion of fertilizers, pesticides and h erbicides . 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 Exemptio n, 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. Petit ion 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 Regis t er 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) , 91.40 5 (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 purpo se 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.I I. Background

A. Description of Petitioner: AeroHarvest

AeroHarvest was founded in 2015 by Thomas Ashman with the express mission of providing Central Coast grower s and crop manager s 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 impress ive 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 certi fied 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 contr ol 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 hydroelectri c 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 th e United States the E384 was flown over three days at the Cleveland Airshow, demonstrating its ability to safely inte grate and operate in the NAS.

For additional information on the E384, reference Appendix B (E384 Operations Manual) and Appendix C (E384 M aintenance Manual), which specify manufacturing information, aircraft performance, operating limits, normal and emergency procedures, fail

- safe features, and

mainten ance 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 wi ne vineyards and other crops. All UAS operations will occur under tightly controlled conditions on privately owned vineyards and farms at the

owne r'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 Exemptio n and the E384 Op erations 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 cons idered in determining which UAS would be eligible for expedited integration into the National Airspace System (NAS). Specif

ically, 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 syst em 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, S ection 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 spee ds 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 approv ed

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 oper ational 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 propo sed UAS operations will be conducted in accordance with the conditions and limitations of this Petition for Exemption and the

E384 Op erations Manual. P proposed 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 wit hin 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 designat ed 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 E3 84 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 ope rations 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

Manua l (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 dir ectly 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 (Ref erence 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 marking s in accordance with 14 CFR Part 45AeroHarvest 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 a nd operated by an AeroHarvest customer who has granted express permission to conduct operations 2) site consists of agricultural plots, and 3) no airpo rts
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. Pet itioner 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)

 91.40 5 (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 m anagement 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 significant ly 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 precis ion helps farmers maximize yields while reducing input costs

. The ability to spraypesticides in select regions also reduces human exposure to pesticides and mitigates negative side

effects on the ecology of the farm/vineyard associated with overuse of pes ticides. 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 a nd 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 loss es 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 efficien cies 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 co mmercial 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 w ould 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 fed eral 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 agricultur e; 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 confid entially 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)

, 91.40 5 (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 Sy stem over domestic vineyards and agricultural land sites f or 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”, A eroHarvest 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 Cl ass 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 accelerat e 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.