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FRANCIS Y CHAN

VERDANT ALPHA LLC

4639 EXECUTIVE DR UNIT 63

SAN DIEGO, CA 92121

TEL: (858) 220-3451

UNITED STATES OF AMERICA

DEPARTMENT OF TRANSPORTATION

FEDERAL AVIATION ADMINISTRATION

1200 NEW JERSEY AVENUE, SE

WASHINGTON, DC, 20590

OCTOBER 26, 2015

IN THE MATTER OF THE PETITION FOR EXEMPTION OF:

VERDANT ALPHA LLC

FOR AN EXEMPTION SEEKING RELIEF FROM THE REQUIREMENTS OF

TITLE 14 OF THE CODE OF FEDERAL REGULATIONS

SECTIONS 91.7(a), 91,119(c), 91.121, 91.151(a)(1) & (b), 91.405(a), 91.407(a)(1), 

91.409(a)(1) & (a)(2), AND 91.417(a) & (b)

CONCERNING COMMERCIAL OPERATION OF THE

UNMANNED AIRCRAFT SYSTEM

PURSUANT TO SECTION 333 OF THE:

THE FAA MODERNIZATION AND REFORM ACT OF 2012 (PUBLIC LAW 112-95)
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TABLE OF CONTENTS

TABLE OF CONTENTS................................................................................................................ ii

GLOSSARY OF ABBREVIATIONS ............................................................................................ 1

SUMMARY.................................................................................................................................... 1

INTRODUCTION AND INTERESTS OF THE PETITIONER.................................................... 1

BACKGROUND ............................................................................................................................ 2

BASIS FOR PETITION ................................................................................................................. 2

I. Name and Address of Petitioner ......................................................................................... 2

II. VERDANT ALPHA Seeks Exemptions from the Following 14 C.F.R. Sections ............. 3

A. Section 91.7(a) Civil Aircraft Airworthiness.................................................................. 3

B. Section 91.119(c) Minimum safe altitudes: General. ..................................................... 3

C. Section 91.121(a) Altimeter Settings.............................................................................. 3

D. Section 91.151(a)(1) & (b) Fuel Requirements .............................................................. 3

E. Section 91.405(a) Maintenance Required....................................................................... 4

F. Section 91.407(a)(1) Operation After Maintenance, Preventive Maintenance, 

Rebuilding, or Alteration ........................................................................................................ 4

G. Sections 91.409(a)(1) and 91.409(a)(2), Inspections...................................................... 4

H. Sections 91.417(a) and 91.417(b) Maintenance Records ............................................... 4

III. The Extent and the Reasons VERDANT ALPHA Seeks the Relief .............................. 5

A. Section 91.7(a) Civil Aircraft Worthiness...................................................................... 6

B. Section 91.119(c) Minimum Safe Altitudes ................................................................... 6

C. Section 91.121 Altimeter Settings .................................................................................. 7

D. Section 91.151(a)(1) Fuel Requirements........................................................................ 7

E. Sections 91.405(a), 91.407(a)(1), 91.409(a)(1) & (a)(2), and 91.417(a) & (b) Aircraft 

Airworthiness.......................................................................................................................... 8

IV. The Reasons Why Granting VERDANT ALPHA Request Would Be In the Public 

Interest and How It Would Benefit the Public as a Whole......................................................... 9

A. Decreased congestion of the NAS .................................................................................. 9

B. Reduction of pollution .................................................................................................... 9
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C. Improve, if not maintain, aerial and terrestrial safety..................................................... 9

D. Increase in agricultural yield, reduce consumption of natural resources, and support 

local economies, reduce cost to civil infrastructure inspection, reduce NAS congestion for 

land survey, reduce costs for environmental monitoring, etc. .............................................. 10

V. A Summary Publishable in the Federal Register.............................................................. 10

CONCLUSION............................................................................................................................. 10
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GLOSSARY OF ABBREVIATIONS

AGL Above Ground Level

AOI Area of Interest

ATC Air Traffic Control

ATO Air Traffic Organization

C.F.R. Code of Federal Regulations

COA Certificate of Authorization

FAA Federal Aviation Administration

FAR Federal Aviation Regulation

FCC Federal Communications Commission

GCS Ground Control Station

GPS Global Positioning System

NAS National Airspace System

NOTAM Notice to Airmen

PIC Pilot In Command

Section 333 FAA Modernization and Reform Act of 2012 (FMRA) Section 333

SOP Standard Operating Procedures

UA Unmanned Aircraft

UAS Unmanned Aircraft System

VFR Visual Flight Rules

VLOS Visual Line of Sight

VMC Visual Meteorological Conditions

VO Visual Observer

SUMMARY

VERDANT ALPHA LLC (hereinafter referred to as “VERDANT ALPHA”) seeks 

exemption from the requirements of 14 C.F.R §§91.7(a), 91.119(c), 91.121, 91.151(a)(1) & (b), 

91.405(a), 91.407(a)(1), 91.409(a)(1) & (a)(2), and 91.417(a) & (b), to operate an Unmanned 

Aircraft System (UAS) pursuant to Section 333 of the FAA Modernization and Reform Act of 

2012 (FMRA). This exemption will permit VERDANT ALPHA to operate a UAS for the 

commercial purpose of conducting aerial acquisitions within the National Airspace System 

(NAS).

INTRODUCTION AND INTERESTS OF THE PETITIONER

VERDANT ALPHA seeks to provide aerial data for commercial and public sector from 

instrument(s) aboard a UA used for remote sensing, measurements, and other data analytics for, 

but not limited to, agriculture, industrial surveying, mining operations, oil and gas, and 

environmental monitoring. Examples of data include imagery (photography, video, infrared, 

etc.), electronic measurement (precision surveying, RF analysis, etc.), chemical measurement 

(particulate measurement, etc.), or any other gathering of data by instruments aboard the UA.

VERDANT ALPHA is not seeking an exemption for operations for closed set motion 

picture and television filming.
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BACKGROUND

VERDANT ALPHA seeks an exemption to operate within the NAS the following UAS

for compensation and other directly related commercial activities requiring aerial data capture.

 Delair-Tech DT-18

 C-Astral BRAMOR rTK and gEO platform

 Sensefly eBee

 Agribotix Hornet

 3DR Aero-M

 3DR X8-M

BASIS FOR PETITION

Petitioner, VERDANT ALPHA LLC, pursuant to the provisions of the Federal Aviation 

Regulations (14 C.F.R. § 11.61) and the FAA Modernization and Reform Act of 2012 (FMRA) 

Section 333, Special Rules for Certain Unmanned Aircraft Systems, hereby petitions the 

Administrator to commercially operate the aforementioned airframes within the National 

Airspace System (NAS) and for an exemption from the requirements of 14 C.F.R Sections

 91.7(a)

 91.119(c)

 91.121(a)

 91.151(a)(1) & (b)

 91.405(a)

 91.407(a)(1)

 91.409(a)(1) & (a)(2)

 91.417(a) & (b)

In accordance with 14 C.F.R. § 11.81, VERDANT ALPHA provides the following 

information in support of its petition for exemption:

I. Name and Address of Petitioner

VERDANT ALPHA LLC

4639 EXECUTIVE DR UNIT 63

SAN DIEGO, CALIFORNIA 92121

The point of contact for this Petition:

FRANCIS Y CHAN

4639 EXECUTIVE DR UNIT 63

SAN DIEGO, CALIFORNIA 92121

TEL: (858) 220-3451

EMAIL: francis.chan@celadon-sky.com
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II. VERDANT ALPHA Seeks Exemptions from the Following 14 C.F.R. Sections

A. Section 91.7(a) Civil Aircraft Airworthiness

Section 91.7(a), entitled Civil Aircraft Airworthiness, states the following, in part:

(a) No person may operate a civil aircraft unless it is in an airworthy condition

B. Section 91.119(c) Minimum safe altitudes: General.

Section 91.119(c), entitled Minimum safe altitude, states the following, in part:

c. Over other than congested areas. An altitude of 500 feet above the surface, except 

over open water or sparsely populated areas. In those cases, the aircraft may not be 

operated closer than 500 feet to any person, vessel, vehicle, or structure.

C. Section 91.121(a) Altimeter Settings

Section 91.121(a), entitled Altimeter settings, states the following, in part:

Each person operating an aircraft shall maintain the cruising altitude or flight 

level of that aircraft, as the case may be, by reference to an altimeter that is set, 

when operating—

1. Below 18,000 m MSL, to—

i. The current reported altimeter setting of a station along the route and 

within 100 nautical miles of the aircraft; 

ii. If there is no station within the area prescribed in paragraph (a)(1)(i) of 

this section, the current reported altimeter setting of an appropriate 

available station; or 

iii. In the case of an aircraft not equipped with a radio, the elevation of the 

departure airport or an appropriate altimeter setting available before 

departure; 

D. Section 91.151(a)(1) & (b) Fuel Requirements

Section 91.151(a)(1), entitled Fuel requirements for flight in VFR conditions, states the 

following:

a. No person may begin a flight in an airplane under VFR 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 after that for at least 30 minutes; or

Section 91.151(b), entitled Fuel requirements for flight in VFR conditions, states the 

following:

b. No person may begin a flight in a rotorcraft under VFR conditions unless 

(considering wind and forecast weather conditions) there is enough fuel to fly 
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to the first point of intended landing and, assuming normal cruising speed, to 

fly after that for at least 20 minutes.

E. Section 91.405(a) Maintenance Required

Section 91.405(a), entitled Maintenance required, states the following:

Each owner or operator of an aircraft—

a. Shall have that aircraft inspected as prescribed in subpart E of this part 

and shall between required inspections, except as provided in paragraph 

(c) of this section, have discrepancies repaired as prescribed in part 43 

of this chapter[.]

F. Section 91.407(a)(1) Operation After Maintenance, Preventive Maintenance, 

Rebuilding, or Alteration

Section 91.407(a)(1), entitled Operation after maintenance, preventive maintenance, 

rebuilding, or alteration, states the following:

No person may operate any aircraft that has undergone maintenance, preventive 

maintenance, rebuilding, or alteration unless—

1. It has been approved for return to service by a person authorized under 

§ 43.7 of this chapter [.]

G. Sections 91.409(a)(1) and 91.409(a)(2), Inspections

Section 91.409(a), entitled Inspections, states the following:

Except as provided in paragraph (c) of this section, no person may operate an 

aircraft unless, within the preceding 12 calendar months, it has had –

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

2. An inspection for the issuance of an airworthiness certificate in 

accordance with part 21 of this chapter.

H. Sections 91.417(a) and 91.417(b) Maintenance Records

Section 91.417(a) and 91.417(b), entitled Maintenance records, state the following:

a. Except for work performed in accordance with §§ 91.411 and 91.413, each 

registered owner or operator shall keep the following records for the periods 

specified in paragraph (b) of this section: 

1. Records of the maintenance, preventive maintenance, and alteration 

and records of the 100-hour, annual, progressive, and other required or 

approved inspections, as appropriate, for each aircraft (including the 
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airframe) and each engine, propeller, rotor, and appliance of an 

aircraft. The records must include—

i. A description (or reference to data acceptable to the 

Administrator) of the work performed; and 

ii. The date of completion of the work performed; and 

iii. The signature, and certificate number of the person approving 

the aircraft for return to service. 

2. Records containing the following information: 

i. The total time in service of the airframe, each engine, each 

propeller, and each rotor.

ii. The current status of life-limited parts of each airframe, engine, 

propeller, rotor, and appliance. 

iii. The time since last overhaul of all items installed on the 

aircraft which are required to be overhauled on a specified time 

basis. 

iv. The current inspection status of the aircraft, including the time 

since the last inspection required by the inspection program 

under which the aircraft and its appliances are maintained. 

v. The current status of applicable airworthiness directives (AD) 

and safety directives including, for each, the method of 

compliance, the AD or safety directive number and revision 

date. If the AD or safety directive involves recurring action, the 

time and date when the next action is required.

vi. Copies of the forms prescribed by § 43.9(d) of this chapter for 

each major alteration to the airframe and currently installed 

engines, rotors, propellers, and appliances.

b. The owner or operator shall retain the following records for the periods 

prescribed: 

1. The records specified in paragraph (a) (1) of this section shall be 

retained until the work is repeated or superseded by other work or for 

1 year after the work is performed. 

2. The records specified in paragraph (a) (2) of this section shall be 

retained and transferred with the aircraft at the time the aircraft is sold. 

3. A list of defects furnished to a registered owner or operator under § 

43.11 of this chapter shall be retained until the defects are repaired and 

the aircraft is approved for return to service. 

III. The Extent and the Reasons VERDANT ALPHA Seeks the Relief

The FAA has previously granted material relief from all sections requested in 

circumstances similar to those presented herein (e.g. Exemption Nos. 11062, 11063, 11064, 

11065, 11066, 11067, 11080, 11109, 11112, 11136, 11138, 11150, 11153, 11156, 11157, 11158, 

11159, 11160, 11161, 11166, 11167, 11170, 11171).

The FAA has previously granted exemptions from all requested UAS systems:

 Delair-Tech DT-18 (Exemption No.11524)
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 C-Astral BRAMOR rTK and gEO platforms (previously granted exemption in 

No.11895)

 Sensefly eBee (Exemption No.12785)

 Agribotix Hornet (Exemption No.12098)

 3DR Aero-M (Exemption No.12785)

 3DR X8-M (Exemption No.12785)

A. Section 91.7(a) Civil Aircraft Worthiness

Relief from §91.7(a) is necessary for the operation of the UAS because there is currently

no precedence for establishing the aircraft worthiness of a UAS nor any certification will be 

issued for a UAS for exemption purposes.

VERDANT ALPHA submits the equivalent level of safety is maintained because: 

 All aforementioned UAS requested by this exemption have been previously 

granted flight exemptions.

 All aircraft operated in accordance with this exemption shall 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

 Prior to each flight, the PIC shall conduct a pre-flight inspection and determine 

the 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. 

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.

 All UAS operated shall comply with all manufacturer safety bulletins.

 PIC shall not operate the any of the requested UAS unless the PIC demonstrates 

the ability to safely operate the UAS in a manner consistent with how the UAS 

will be operated under this exemption, including evasive and emergency 

maneuvers and maintaining appropriate distances from persons, vessels, vehicles 

and structures. PIC qualification flight hours and currency shall be logged in a 

manner consistent with 14 CFR §61.51(b).

B. Section 91.119(c) Minimum Safe Altitudes

Conditional relief from §91.119(c) regarding “the aircraft may not be operated closer 

than 500 feet to any person, vessel, vehicle, or structure.” is requested. All operations shall 

adhere to a 400ft AGL and any restrictions as required to fly in the NAS, but data acquisitions 

such as, but not limited, to civil infrastructure inspections, real estate inspection, construction 

surveying, environmental monitoring, and agriculture may require operating within 500 feet of 

participating persons, vessels, vehicles, and structures.
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Any flight operations that exercise this relief shall be filed as part of a COA and subject

to approval. If such COA does not authorize such relief to fly within a 500ft of participating 

person, vessels, vehicle, or structure, then the flight operations cannot exercise this relief and 

must adhere to the 500 feet restrictions.

VERDANT ALPHA submits the equivalent level of safety is maintained because:

 All aforementioned UAS requested by this exemption have been previously 

granted flight exemptions.

 All UAS requested are below 55 pounds fully loaded and have minimal impact 

inertia to cause any significant damage.

 All UAS requested are small < 2200mm wingspan and do not use flammable fuel

therefore any malfunction causing an unintended landing will result in none or 

limited property or bodily harm.

 All UAS requested shall follow the operational and safety manuals provided per 

UAS manufacturer.

 All participating person, vessel, vehicle, or structure shall be identified and 

authority granted by owner or responsible parties to which the aerial capture is 

for.

C. Section 91.121 Altimeter Settings

Relief from §91.121 entitled Altimeter settings is required for flight operations because 

the UAS systems requested do not use a typical barometric altimeter found in manned aircraft.

The UAS requested utilizes a GPS receiver to determine altitude instead of a barometric 

altimeter. In addition to the GPS, all request UAS autopilots uses a small barometer for 

detecting relative altitude changes.

VERDANT ALPHA submits the equivalent level of safety is maintained because:

 All aforementioned UAS requested by this exemption have been previously 

granted flight exemptions.

 All requested UAS shall operate within VLOS with a VO.

 UAS shall operate below 400 feet AGL.

 The altitude information from all UAS shall be provided to the PIC via a radio 

communications telemetry data link to the GCS.

 Prior to each flight, a zero altitude initiation point and all pre-flight calibration 

shall be by performed by the UAS PIC.

D. Section 91.151(a)(1) Fuel Requirements

Relief from §91.151(a)(1) entitled Fuel Requirements for Flight in VFR conditions, is 

requested to reduce the time of flight reserves from the first point of landing, assuming normal 

cruising speed, to follow manufacturers minimum safe battery levels for both fixed wing and 

VTOL systems. If none are stated by the UAS manufacturer, VERDANT ALPHA requests the 
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fuel requirements to be 25% of manufacturer’s maximum flight time instead 30 minutes for fixed 

wing UAS and 25% battery capacity to execute a landing safe for VTOL airframes. Fixed wing 

UAS systems can glide with minimal power input versus rotor based system found in VTOL, 

which must always be powered to maintain flight. Therefore, VERDANT ALPHA believes that 

percent of total flight time for fixed wing and a percentage of battery capacity for VTOL UAS is 

an appropriate limitations for fuel requirements to maintain a safe flight, in lieu of the lack of a 

manufacturer’s specify minimum fuel requirements.

VERDANT ALPHA seeks the requested relief because the UAS fixed wing aircraft have

a maximum flight time of 40-90 minutes depending on configuration with a 10min-30 flight 

reserve respectively. Without relief from §91.151(a)(1) the maximum flight time for smaller 

UAS may be only 20 minutes for small UAS systems and will severely constrain the practicality 

of any large (300+ acres) aerial data acquisition.

VERDANT ALPHA seeks the requested relief because the UAS VTOL systems will can 

safely land on low battery with 25% battery reserves. All UAS VTOL systems applied for in this 

exemption have a maximum flight time of 25 minutes.

VERDANT ALPHA submits the equivalent level of safety is maintained because:

 All aforementioned UAS requested by this exemption have been previously 

granted flight exemptions.

 All requested UAS for exemption do not carry passengers and are small (<55lbs), 

electrically driven flight platform designed exclusively for aerial data captures.

 All requested UAS for exemption ensures safety under low battery conditions by 

using a combination of audible warning, GCS telemetry, PIC command override 

during autonomous flight, and autonomous RTL and autonomous land on lowbattery conditions.

 PIC is prohibited from beginning a flight unless (considering wind and forecast 

weather conditions) there is enough available power for the UA to conduct the 

intended operation.

 PIC shall adhere to manufacturers minimum safe fuel limits if specified.

E. Sections 91.405(a), 91.407(a)(1), 91.409(a)(1) & (a)(2), and 91.417(a) & (b)

Aircraft Airworthiness.

Sections 91.405(a), 91.407(a)(1), 91.409(a)(1) and (a)(2), and 91.417(a) and (b) only 

apply to aircraft with an airworthiness certificate. VERDANT ALPHA requests relief from these 

sections because the requested UAS do not require an airworthiness certificate based on current 

FAA exemptions for UAS operators.

VERDANT ALPHA submits the equivalent level of safety is maintained because:

 Shall perform maintenance, alterations, and preventive maintenance on the UAS 

according to the operational manuals of each UAS system.

 Shall document and maintain all maintenance records for the UAS.
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 Shall perform and maintain all flight certification requirements based on the 

operational manuals.

 Shall follow the UAS manufacturer’s maintenance, overhaul, replacement, 

inspection, and life limit requirements for the aircraft and aircraft components.

 All UAS operated shall comply with all manufacturer safety bulletin.

 Any UAS that has undergone maintenance or alterations that affect the UAS 

operation or flight characteristics, e.g. replacement of a flight critical component, 

shall undergo a functional test flight prior to conducting further operations.

IV. The Reasons Why Granting VERDANT ALPHA Request Would Be In the Public 

Interest and How It Would Benefit the Public as a Whole. 

Granting the present Petition will further the public interest by allowing VERDANT 

ALPHA to safely, efficiently, and economically perform aerial acquisitions within the NAS. 

Additionally, use of the requested UAS will decrease congestion of the NAS, reduce pollution, 

and provide significant benefits to the economy

VERDANT ALPHA operation of the UAS will have no privacy issues.

A. Decreased congestion of the NAS

An exemption allowing the use of a UAS for aerial surveying will reduce the amount of 

manned aircraft in the NAS. The UAS does not require the supervision of an ATC because of the 

operational altitude and area, nor does the UAS require an airport for takeoff or landing; this 

allows the ATC to supervise manned aircraft in the NAS without increasing flight operations, 

equipment, and/or attention.

In the event an area requires ATC control, VERDANT ALPHA shall assume 

responsibility and shall follow all necessary procedures, such as filing a flight plans and radio 

communications to the ATC to ensure safe operation.

B. Reduction of pollution

An exemption allowing the use of a UAS will reduce noise and will not contribute to air 

pollution due to the electric powered motor.

C. Improve, if not maintain, aerial and terrestrial safety

An exemption will increase the safety of life and property on the ground because of 

reduced damage liability of a UAS requested compared to traditional manned aerial operations. 

The UA will also remain clear and give way to all manned aviation operations and activities at 

all times.

In addition, all operations will 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 therefore operations.
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D. Increase in agricultural yield, reduce consumption of natural resources, and 

support local economies, reduce cost to civil infrastructure inspection, reduce 

NAS congestion for land survey, reduce costs for environmental monitoring, etc.

An exemption allowing the use of the UAS to perform aerial acquisitions will allow the 

aforementioned benefits. UAS operations will also reduce the risk and costs associated due to 

the lower liability from UAS systems versus traditional manned systems used for aerial 

acquisitions.

V. A Summary Publishable in the Federal Register

VERDANT ALPHA LLC seeks exemption from the requirements of 14 C.F.R Sections 

91.7(a), 91.121, 91.151(a)(1) & (b), 91.405(a), 91.407(a)(1), 91.409(a)(1) & (a)(2), and 

91.417(a) & (b).

A brief description of the nature of the exemption VERDANT ALPHA seeks: 

This exemption will permit VERDANT ALPHA LLC to commercially operate an 

Unmanned Aircraft System (UAS) for the purpose of conducting agricultural aerial acquisitions 

within the National Airspace System (NAS) for remote sensing applications.

CONCLUSION

VERDANT ALPHA seeks an exemption pursuant to 14 C.F.R. § 11.61 and Section 333 

of the FAA Modernization and Reform Act of 2012 (FMRA), which will permit safe operation 

of the aforementioned UAS commercially, without an airworthiness certificate, for the limited 

purpose of conducting aerial acquisitions within the National Airspace System (NAS). 

WHEREFORE, in accordance with the Federal Aviation Regulations and the FAA 

Modernization and Reform Act of 2012, Section 333, VERDANT ALPHA respectfully requests 

that the Administrator grant this Petition for an exemption from the requirements of 14 C.F.R 

Sections 91.7(a), 91.121, 91.151(a)(1) & (b), 91.405(a), 91.407(a)(1), 91.409(a)(1) & (a)(2), and 

91.417(a) & (b), and permit VERDANT ALPHA to operate the following UAS commercially for 

the purpose of conducting aerial acquisitions within the NAS:

 Delair-Tech DT-18

 C-Astral BRAMOR rTK and gEO platforms

 Sensefly eBee

 Agribotix Hornet

 3DR Aero-M

 3DR X8-M

Dated: OCTOBER 26, 2015

Respectfully submitted,

VERDANT ALPHA LLC.
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FRANCIS Y CHAN

4639 EXECUTIVE DR UNIT 63

SAN DIEGO, CA 92121

PHONE: (858) 220-3451

EMAIL: francis.chan@celadon-sky.com