12871 Geneva Street, Indianola, IA 50125   ●   Phone 515.961.4026   ●   info@agritechsystems.com   ●   www.agritechsystems.com

February 4, 2014 

U.S. Department of Transportation 

Federal Docket Management System 

1200 New Jersey Avenue, S.E. 

Washington, D.C. 20590 

Re: Petition of Agri Tech Systems, LLC. for an Exemption Pursuant to 

Section 333 of the FAA Modernization and Reform Act of 2012 

Dear Sir or Madam: 

Pursuant to section 333 of the FAA Modernization and Reform Act of 2012 (the 

"FMRA"), 49 U.S.C. § 44701 and 14 C.F.R. Part 11, Agri Tech Systems, LLC ("Agri Tech Systems" or 

"Petitioner"), a spin-out of Agri Tech Aviation Inc.(“Agri Tech Aviation”), hereby requests an exemption to 

permit small unmanned aircraft system ("sUAS") operations as described in this petition. Agri Tech Systems 

requests an exemption for the purpose of conducting research on the applicability of sUAS for field mapping, 

prescriptive chemical application mapping, comprehensive crop analysis, field moisture mapping, collision 

avoidance, cell tower inspection, pipeline inspection and power line inspection. 

sUAS operations will assist the agriculture sector in providing safer, faster and more cost effective 

alternatives to manned operations, both ground and air. Agri Tech Systems, requests an exemption, 

specifically, to research the application of sUAS in the agriculture industry and to distinguish those benefits 

from the current use of manned air and ground operations. Petitioner will investigate benefits for numerous 

sUAS applications including, but not limited to, field mapping, prescriptive chemical application mapping, 

comprehensive crop analysis, and field moisture mapping. Agri Tech Systems also wishes to partner with cell 

Tower, pipeline and power Line inspection companies to develop safe practices for sUAS use in these fields. 

This research will allow petitioner to assist regulators in setting standards for safe and effective operations of 

sUAS within agriculture and other industries. Petitioner intendeds to share all information learned with the 

Department of Transportation (“DOT”) and the Federal Aviation Administration ("FAA"). 

The aerial application community has a vested interest in the safe operation of sUAS due to their 

existing, high tempo use of manned aircraft at low altitude for aerial application. The risks associated with the 

use of sUAS are of paramount concern to aerial applicators and Agri Tech Systems is uniquely positioned to 

evaluate these risks. Exploring the use of sUAS for agriculture applications and working with cell tower, 

pipeline and power line inspectors who often operate in the same airspace as aerial applicators will be critical 

to providing safety feedback to the DOT, FAA and others in the aerial application industry. 

As described in detail below, Petitioner's proposed sUAS operations will follow the requirements set 

forth at section 333 of the FMRA. They will also provide invaluable information to the DOT and FAA as they 

create rules and policy for public commercial use of sUAS. 

Agri Tech Systems' proposed operations will comply with strict safety standards. Operations will take 

place in sparsely inhabited, rural locations or within cell tower, pipeline or power line easements, involve 

highly trained, licensed pilots, occur at altitudes under 400 feet, and use a sUAS weighing 35 pounds, 
2

complying with FMRA's cut-off weight of 55 pounds. In addition to the uses outlined above, ultimately, the 

use of sUAS will reduce the amount of chemicals used in aerial application and enhance and maximize 

agriculture operations for farmers, reducing environmental impact. The current use of manned aircraft for 

these operations is nearly cost prohibitive and ground based observation can be relatively ineffective. Agri 

Tech Systems' proposed operations will not have an impact on any citizen's privacy rights and will be in 

compliance with all privacy laws. Therefore, granting Agri Tech Systems' exemption request would be in the 

public’s interest. 
3

Contents 

I. Description of Agri Tech Aviation and Agri Tech Systems, LLC------------------------------------- 4 

 A. Agri Tech Aviation, Inc.-------------------------------------------------------------------------- 4 

 B. Agri Tech Systems, LLC-------------------------------------------------------------------------- 4 

II. Relevant Authority for Granting Petitioner's Request for an Exemption --------------------------- 5 

A. Section 333 of the FMRA ----------------------------------------------------------------------- 5 

B. 49 U.S.C. Sections 40109 and 44701----------------------------------------------------------- 5 

C. 14 C.F.R. Part 11---------------------------------------------------------------------------------- 6 

III. Agri Tech Systems’ Proposed Operations-------------------------------------------------------------- 6 

A. Proposed sUAS Platform------------------------------------------------------------------------- 6 

 B. Aircraft design and operational characteristics ----------------------------------------------- 7 

 C. Aircraft inspection and maintenance------------------------------------------------------------ 8 

D. Pilot and spotter qualifications------------------------------------------------------------------ 8 

E. Scope of Operations------------------------------------------------------------------------------- 8 

 1. Area of operation------------------------------------------------------------------------- 8 

 2. Flight Planning and briefing----------------------------------------------------------- 9 

 3. Communications (PIC and Spotter)--------------------------------------------------- 9 

 4. Communication and coordination with ATC---------------------------------------- 9 

 5. Flight limits------------------------------------------------------------------------------- 9 

 6. Lost Link contingencies----------------------------------------------------------------- 10 

 7. Emergency flight termination procedures-------------------------------------------- 10 

F. Incident and Accident Reporting--------------------------------------------------------------- 10 

IV. Regulations from which Exemption is requested------------------------------------------------------ 10 

V. Agri Tech Systems' Proposed Operations are in the Public Interest--------------------------------- 15 

VI. Privacy------------------------------------------------------------------------------------------------------- 16 

VII. Summary---------------------------------------------------------------------------------------------------- 16 

VIII. Request for Relief ---------------------------------------------------------------------------------------- 16 
4

I. Description of Agri Tech Aviation and Agri Tech Systems, LLC

A. Agri Tech Aviation Inc.

Agri Tech Aviation is a leading U.S. agriculture aerial applicator in the Midwest. Established in 1947 

as Laverty Sprayers, with the first application flight in Iowa by Weston Sharp. Today Agri Tech 

Aviation is owned by his son Terry Sharp and grandsons Jay and Weston. With years of experience 

and an impeccable safety record, Agri Tech Aviation has been recognized as a prominent force in the 

aerial application industry. The company has received numerous awards including: The Agrinaut 

Award (national award for outstanding contributions to the agriculture aviation industry) presented to 

Terry Sharp (owner), The John Robert Horne Award (national award for safest pilot with less than 5 

years experience) presented to Van Lucas (Chief Pilot), and the Pro Patria Award (presented to 1 small 

business per year for supporting guard and reserve employees). Agri Tech Aviation records over 1500 

hours of aerial application each year with no incidents or accidents. 

B. Agri Tech Systems, LLC

Agri Tech Systems was created as a spin-out company for purposes of research and development of 

sUAS systems for agricultural use. The principal members in Agri Tech Aviation, through Agri Tech 

Systems, will use their knowledge and experience in the field of aerial application to develop the use 

of sUAS systems to enhance the safe integration of sUAS in the low altitude airspace. Agri Tech 

Systems will demonstrate applicability of the sUAS to the application and agronomy industries for 

potential spot treatments of pesticides, GPS mapping, field maintenance and problem detection. Agri 

Tech will also evaluate the use of sUAS in cell tower. pipeline and power line inspection within, what 

is often, shared airspace. While accomplishing these tasks, Agri Tech Systems intends to test and 

evaluate collision avoidance systems on the sUAS while agricultural airplanes are in the vicinity. 

Thereby creating a safer work environment for aerial application pilots who are most at risk to sUAS 

operating in rural agricultural areas. 

The Petitioner's name and contact information is: 

Agri Tech Systems, LLC 

Attn: Bret Lucas 

12871 Geneva Street 

Indianola, IA 50125 

Telephone: 515-961-4026 

Email: bret@agritechsystems.com
5

II. Statutory and Regulatory Authority for Granting Petitioner's Request for an 

Exemption 

A. Section 333 of the FMRA 

Section 333 of the FMRA provides: 

The Secretary of Transportation shall determine if certain unmanned aircraft systems may 

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

required by section 332 of this Act or the guidance required by section 334 of this Act.2 

Section 333 also states: 

If the Secretary determines under this section that certain unmanned aircraft systems may 

operate safely in the national airspace system, the Secretary shall establish requirements for the 

safe operation of such aircraft systems in the national airspace system (NAS). 

The Secretary is required to determine whether certain sUAS operations should be permitted 

before issuance of the sUAS regulations required under section 332 of the FMRA. If the Secretary 

determines that the operations are safe, the Secretary must decide what the requirements will be for 

such operations. In other words, the Secretary is required to apply conditions for the safe operation of 

the sUAS in instances where the Secretary has determined that the system may operate safely in the 

NAS. The FAA has interpreted section 333, as a grant of limited statutory flexibility to expedite 

requirements for the safe operation of certain aircraft systems in the NAS. 

Section 333 further states that when the Secretary of Transportation makes a determination 

under subsection (a), the Secretary must consider which types of sUAS would not create a hazard to 

others using the NAS or the public or pose a threat to national security. The Secretary is required to 

consider the following sUAS specifications and operational factors: 

 Size 

 Weight 

 Speed 

 Operational capability 

 Proximity to airports and populated areas 

 Operation with visual line of sight 

If, upon consideration of the factors enumerated above, the proposed sUAS operations do not 

pose a threat to others using the NAS or to national security, the Secretary, acting through the FAA, 

may approve the proposed operations. As shown below, Agri Tech Systems’ proposed sUAS 

operations will in no way create a hazard to the NAS or pose a threat to national security based on the 

factors set forth in section 333. 

B. 49 U.S.C. Sections 40109 and 44701 

Section 44701 requires the FAA Administrator to promote safe flight of civil aircraft by 

prescribing standards for aircraft and aircraft parts, inspecting, servicing and overhauling aircraft, 
6

maximum hours for airmen, and other practices or procedures necessary for safety and national 

security. However, subsection (f) states that the FAA 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 of this title, if the Administrator finds the exemption is in the public interest." In 

addition, Section 40109 authorizes the Administrator to "grant an exemption from a [safety] regulation 

prescribed in carrying out sections 40103(b)(l) and (2), 40119, 44901, 44903, 44906, and 44935-44937 

of [49 U.S.C.] when the Administrator decides the exemption is in the public interest." Consequently, 

under the plain language of pertinent U.S. aviation law, the Administrator is expressly authorized to 

grant exemptions from the F AA's safety regulations where it would be in the public interest. As set 

forth in further detail below, granting Agri Tech Systems' petition for an exemption would be in the 

public interest. 

C. 14 C.F.R. Part 11 

The FAA's regulations state that, using a petition for exemption, an entity may ask FAA to 

grant it relief from current regulations in title 14 of the Code of Federal Regulations. 14 C.F .R. Part 11 

provides the bases for requesting exemptions. The petitioner is required to state (1) the specific 

sections of Title 14 from which it seeks an exemption, (2) the extent of relief it seeks and (3) the 

reasons why granting the request would be in the public interest and would not adversely affect safety 

(or how the exemption would provide a level of safety at least equal to that provided by the rule from 

which the petition seeks an exemption). As set forth below, Petitioner has fulfilled each of these 

criteria by demonstrating that granting its exemption will serve the public interest and not adversely 

affect safety. 

III. Agri Tech Systems' Proposed Operations 

A. Proposed sUAS Platform 

Agri Tech Systems seeks an exemption permitting operations of a Pulse Aerospace, PA-01 

Vapor sSUAS rotorcraft that weighs 35 pounds, including its imaging/mapping payload. 

Geometry & 

Weights 

Main Rotor Diameter 65 in 

Dimensions 51 x 25 x 19.4 in 

MaximumTakeoff Weight 35 lbs 

Empty Weight 16 lbs 

Payload Weight 5 lbs 

Data Link 2.4 GHz & 900 MHz 

Performance Endurance (Hover) 45 Minutes 

Endurance (Cruise) 60 Minutes 

Operational Radius 5 Miles

Cruise Speed 25 mph 

Ceiling 15,000 ft 

Take Off Type Automatic Vertical 

Take Off 

Landing Type Automatic Vertical 

Landing 
7

The Pulse Aerospace VAPOR has a proven track record of safety built on 4 years of operations 

and thousands of flight hours, operating in temperatures from 0-110F, at altitudes from seal level 

through 9,000 feet. The reliability and safety of the VAPOR UAS is founded upon the flight control 

system, which has been utilized for more than a decade on hundreds of various platforms, rotary and 

fixed wing aircraft, ranging from 5 to 1,200 lbs. Pulse has continued to improve the safety and 

reliability of the system by integrating industry leading safety features that have improved the 

robustness and reliability of the system. These include: 

 emergency automatic autorotation (during powertrain failure or battery depletion), 

 automatic RPM setting for various altitudes (currently demonstrated up to 12,000 ft AMSL) 

 automatic sensor fault detection 

 Automatic magnetic declination setting 

 automatic engagement of GPS denied failsafe control system, 

 automatic smart return to home (smarter way to return to home waypoint, given obstacles in 

path) 

 redundant GPS+Glonass for robust satellite communication 

 wide stance landing gear to mitigate dynamic rollover possibilities 

 ease of use (high level of flight control and tasking automation) 

The Vapor utilizes, aviation certified inertial sensors, professional, survey grade 

GPS/GLONASS and redundant flight control systems. Additionally, the Vapor is programmed with 

robust safety features including automatic autorotation and “auto-home” functions. 

The Vapor utilizes a special algorithm which allows it to slow down as it enters turns and 

dramatically reduces the amount of over-flight required compared to fixed wing mapping, and other 

mapping platforms. This leads to a much smaller footprint to map a given area than other available 

platforms. This has the following benefits: 

 More efficient flights - more area in less time 

 The ability to fully cover a property without encroaching on neighboring properties 

 It is easier to keep the aircraft within visual line of sight of the operator while covering a large 

mapping area 

Finally, the control system for the Vapor allows the pilot in command to enter the parameters 

for each flight prior to takeoff, and simulate each flight prior to launch. This provides the pilot an 

additional layer of safety not normally available with manned flight. 

The Vapor is substantially automated and constantly communicates flight status with the pilot 

in command throughout the duration of flight. This automation and the rigorous preflight planning 

and inspection ensure the safest possible conditions for each flight. 

Additional, detailed information on the Vapor is included in Attachment “A” and it is 

requested that “Attachment A” be treated as a confidential proprietary document. 

B. Aircraft Design and operational characteristics 

All Vapor design features are included in Attachment “A” and should remain confidential. 
8

Operational characteristics are outlined above and additional, specific characteristics are outlined in 

“Attachment A” 

C. Aircraft inspection and maintenance 

Aircraft inspection and maintenance are outlined in Attachment “A” and include general cleaning 

and maintenance. Additional information is included for more robust maintenance to be performed 

after every 10 hours of flight time. A maintenance log will be kept with the aircraft at all times. 

D. Pilot and spotter qualification 

The pilot in command of the Pulse Aerospace Vapor will be a licensed FAA pilot with a minimum 

rating of Private Pilot and current Third Class medical certificate. Both the pilot and spotter will 

complete the Pulse Aerospace training program for operation and maintenance of the Vapor. 

Recurrent training will be accomplished by performing a minimum of 3 takeoffs and landings every 90 

days as well as reviewing any supplemental information provided by the manufacturer. 

The pilot and spotter will be familiar with all applicable FAR’s and sUAS operation. The 

following pilots will be trained in, and operate the Vapor should the exemption be granted: 

Name Rating FAA Certificate Number 

Terry Sharp- Commercial, CFII 2209453CFI 

Jay Sharp- Commercial 3220260 

Mark Kickbush - Commercial 349649759 

Van Lucas- Commercial, A&P 2746079 

Weston Sharp- Private Pilot 3540161 

Bret Lucas- Private Pilot 2863760 

All mapping and inspection payloads are tied into the automatic flight control system to enable 

automatic camera triggering to achieve desired image overlaps and provide precision georeference 

metadata for each image taken. The metadata includes GPS position, attitude angles, and a time-stamp. 

This automation eliminates the need for a third operator of the Vapor as the pilot can focus solely on 

aircraft operation and the spotter can observe the Vapor and scan for other aircraft. 

E. Scope of operations 

1. Area of operation 

The area of operation will be rural Central Iowa over uninhabited areas of farmland. Express 

permission from the land owner or tenant farmer will be obtained prior to any operation. 

Operation will be limited to the following additional restrictions: 

a. All flights will be operated below 400ft AGL in Class G airspace. 

b. All flights will be operated during daytime VFR conditions. 
9

c. All flights will be operated at least 3 miles from any public airport unless the following 

conditions are met: 

 1. The airport manager approves flight within 3 miles of the airport 

 2. A NOTAM is issued for that airport 

 3. Two-way VHF communication over UNICOM can be maintained from the ground 

station to all manned aircraft so equipped 

d. A NOTAM will be filed for operations providing the date, time and location 

of all sUAS activity. 

e. The aircraft will not be operated over urban or populated areas. 

f. The aircraft will not be operated over any person, group of people or at air shows. (All 

operations will be done consistent with the 14 C.F.R section 137 certificate held by Agri 

Tech Aviation) 

g. The aircraft will be operated within visual line of sight of both the pilot and spotter at a 

distance no greater than 1⁄2 nautical mile. 

h. The aircraft will not be operated over any heavily trafficked road or highway. 

 i. The maximum flight time will be 50 minutes or when battery power reaches 10%, 

whichever is shorter. 

j. All flights will yield right of way to all manned aircraft operations. 

 

2. Flight Planning and Briefing 

 A flight plan will be established for each area to be over flown by the sUAS. The flight plan 

will be used to determine the safest routes of flight, flight boundaries and identify any potential 

obstacles. Additionally, the PIC will get a current weather report and determine if any potential 

hazards exist for each planned flight. A safety briefing will be held prior to each flight to identify 

potential landing areas in the event of emergency and to discuss lost link procedures for the given 

location. 

3. Communications (PIC and Spotter) 

The pilot and spotter will always maintain voice communication with one another but with the 

ability to communicate by radio in the event of an emergency which does not permit voice 

communication. 

4. Communication and Coordination with ATC 

As stated above, a NOTAM will be filed for operations providing the date, time and location 

of all sUAS activity. 

5. Flight limits 

a. The sUAS will be operated at speeds under 30 knots. 

b. The sUAS will not be operated in winds exceeding 25 knots, consistent with the 

manufacturer’s recommendation. 

c. All flights will be operated below 400ft AGL in Class G airspace. 

d. All flights will be operated during daytime VFR conditions. 
10

e. The aircraft will be operated within visual line of sight of both the pilot and spotter at a 

distance no greater than 1⁄2 nautical mile. 

6. Lost Link contingencies 

 Should “Lost Link” occur, the Vapor will wait for a user defined timeout period (usually 10 

sec). The Vapor will then return to HOME waypoint and land. Home waypoint is at takeoff 

location. 

7. Emergency flight termination procedures 

 Depending on the flying location, possible actions are dead reckoning navigation recovery, 

engine shutdown/autorotation or controlled crash. A detailed list of potential emergency situations 

and the recommended procedures for each are included in Attachment “A”. 

 

F. Incident and Accident Reporting 

Any incident or accident will be reported to the National Transportation Safety Board (NTSB) 

consistent with the provisions outlined in the Aeronautical Information Manual (AIM) 7-6-2. 

IV. Regulations from which exemption is requested 

 Petitioner requests an exemption from the below-provisions governing aircraft operations within Title 

14 of the Code of Federal Regulations in order to conduct research on the applicability of sUAS to research on 

the applicability of sUAS for agricultural field mapping, prescriptive chemical application mapping, 

comprehensive crop analysis, and field moisture mapping. Exemptions are requested from provisions within 

Parts 21, 45, 47, 49, 61 and 91 of Title 14. Petitioner addresses each relevant regulation below and provides a 

basis for requesting an exemption. Petitioner also provides the basis for achieving a level of safety that is 

either equal to, or greater than, the level of safety provided by the regulation from which an exemption is 

requested. Agri Tech Systems meets the requirements at Part 11 for exemptions, and, as set forth at section V, 

below, granting these exemptions are in the public interest as required under 49 U.S.C. section 44701(f). 

14 C.F.R. Part 21 (Aircraft Certification). 

14 C.F.R. Part 21, Subpart H sets forth requirements for airworthiness certificates as required by 14 

C.F.R. § 91.203(a)(l). As explained above at section III (A) and (B), the Vapor's airworthiness has been 

proven. Further, given the size of the aircraft, low speed for operation, sparsely populated areas of operation, 

and the operation restrictions outlined above in section III (E), an exemption from Subpart H meets the 

equivalent level of safety under section 333 of the FMRA and 14 C.F.R. Part 11. The operations proposed in 

this petition will be as safe as, or safer than operations involving manned aircraft or rotorcraft operating with 

an airworthiness certificate and without the restrictions that Petitioner has proposed in this petition. 

14 C.F.R. Part 45, subpart C and 14 C.F.R. 91.9 (Aircraft Marking). 

Section 45.23 provides: 
11

(a) Each operator of an aircraft must display on that aircraft marks consisting of the Roman capital 

letter "N" (denoting United States registration) followed by the registration number of the aircraft. 

Each suffix letter used in the marks displayed must also be a Roman capital letter. 

(b) When marks include only the Roman capital letter "N" and the registration number is displayed on 

limited, restricted or light-sport category aircraft or experimental or provisionally certificated aircraft, 

the operator must also display on that aircraft near each entrance to the cabin, cockpit, or pilot station, 

in letters not less than 2 inches nor more than 6 inches high the words "limited" "restricted" "lightsport" "experimental," or "provisional," as applicable. 

Section 91.9(c) provides 

No person may operate a U.S.-registered civil aircraft unless that aircraft is identified in accordance 

with part 45 of this chapter. 

The Vapor has no cabin, cockpit or pilot station, and, therefore, no entrance to any of these areas, on 

which the markings can be placed. Given the size of the Vapor, two-inch lettering will be impossible. 

The Vapor Agri Tech Systems operates will be marked with the word “Experimental” on the sides of 

the front covering in letters as large as the covering will allow. Additionally, the Vapor will be marked with a 

serial number provided by the manufacturer and will also be marked with the words “Agri Tech Systems”. 

Agri Tech Systems will abide by any request by the FAA concerning this issue, within the limitations created 

by the size of the Vapor, in accordance with section 45.29(f). Due to the size of sUAS, the smaller size of 

lettering will not negatively impact safety, and will provide an equivalent level of safety to aircraft operating 

without an exemption. 

14 C.F.R. Part 47 (Aircraft Registration) and Part 49 (Recordation of Aircraft Title and 

Security Documents). 

14 C.F.R. Part 47 sets forth various aircraft registration requirements. Specifically, section 47.3(b) 

states that no person may operate an aircraft eligible for registration unless the aircraft has been registered by 

its owner. 14 C.F .R. Part 49 requires recordation of any conveyances affecting title to, or interest in, aircraft. 

Petitioner intends to register the Vapor sUAS pursuant to this section, however, in the event registration is 

denied for some unforeseen reason, petitioner seeks an exemption from the registration requirements outlined 

in Part 47. Additionally, petitioner intends to record its interest in the Vapor sUAS consistent with Part 49 of 

this section. Again, in the event registration is denied for some unforeseen reason, petitioner seeks an 

exemption from the recording requirements outlined in Part 49. 

Whether the Vapor is able to be registered and the title recorded, or not, an equivalent level of safety 

can be achieved as that of a registered aircraft . 

14 C.F.R. § 61.3(d) (Requirement of Certificate for Flight Instruction). 

This regulation requires that only those holding a flight instructor certificate issued under the FAA's 

regulations can give training required to qualify a person for solo flights. 

As no rating currently exists for the operation of sUAS, petitioner requests exemption from this 

requirement. All listed operators in this request for exemption hold, at minimum, a private pilot certificate and 

have each received mandated flight instruction for their respective ratings. Pulse Aerospace will provide all 
12

operators with a rigorous 3 day training on the operation of the Vapor sUAS by qualified Vapor operators. 

This instruction, coupled with the operators existing aeronautical knowledge consistent with their rating, will 

grant them the necessary knowledge for safe operation of the Vapor sUAS. 

The substantial degree of automation built into the Vapor’s flight system and the ratings and training 

of the operators are equivalent to the requirements of 14 C.F.R. § 61.3(d) and will provide the same level of 

safety. 

14 C.F.R. § 61.31(d)(2) (Aircraft category, class, and type ratings). 

This provision requires the pilot in command of an aircraft to possess an appropriate category and class 

rating for the aircraft he or she operates. As stated above, no rating currently exists for the operation of sUAS, 

and substantial training will be given to the pilots operating the Vapor in addition to the ratings currently held 

by the pilots. 

 Because existing category and class limitations do not apply to sUAS operations, and the pilots will 

be highly trained in Vapor operation, exempting the Vapor pilots from the category and class requirement at 

section 61 .31 ( d)(2) will provide an equivalent level of safety. 

14 C.F.R. § 61.113(a) & (b) (Private Pilot Restrictions on Compensation). 

Section 61.113(a) and (b) prohibit private pilots from operating an aircraft for compensation or hire. 

Generally, a person must possess a Commercial pilot certificate, which requires a minimum of 250 hours as 

well as additional FAA testing. Although all but two of the anticipated pilots currently possess a commercial 

rating, this requirement is unnecessary to operate the Vapor as proposed. The proposed operational 

restrictions outlined in section III (E) above, in conjunction with the Vapor-specific training that each sUAS 

pilot receives, will achieve more than an equivalent level of safety to manned operations with a Commercial 

rating. Because the Vapor does not carry a pilot, passengers, or cargo, and is controlled via remote station, 

there is no risk to persons or cargo as anticipated by a Commercial rating. Commercial pilot certification is 

also unnecessary because of the autonomous characteristics of the Vapor outlined above and in Attachment 

“A”, as well as the limited locations of proposed operations. 

Operations under the proposed restrictions outlined above, the Vapor's integrated safety features, and 

the experience of the proposed pilots, an equivalent level of safety will be attained by allowing operation of 

the Vapor with a private pilot's certificate. 

14 C.F.R. § 91.7(a) (Airworthiness Requirement). 

This regulation states that no person may operate a civil aircraft unless it is in an airworthy condition. 

The airworthiness of Pulse Aerospace’s Vapor has been established in section III, above and in Attachment 

“A”. The vapor has a proven track record of safe flight. This record, coupled with the limited operations over 

nearly uninhabited farmland or utility easements will provide an equivalent level of safety. 
13

14 C.F.R. § 91.9(b)(2) (Flight Manual on Aircraft). 

This regulation provides: 

No person may operate a U.S.-registered civil aircraft 

(2) For which an Airplane or Rotorcraft Flight Manual is not required by §21 .5 of 

this chapter, unless there is available in the aircraft a current, approved Airplane or 

Rotorcraft Flight Manual, approved manual material, markings, and placards, or any 

combination thereof. 

The nature of sUAS operation dictates the pilot in command, and spotter, operate the sUAS from a 

position on the ground. Due to these different operating conditions, an equivalent level of safety will be 

achieved by keeping the flight manual for the Vapor at the ground control station, and exemption from this 

regulation is requested. 

14 C.F.R. § 91.105 (Crewmembers at Stations; Seatbelts). 

Section 91.105 requires flight crew members to be at their stations with seatbelts fastened during 

landing and takeoff. The proposed operations do not involve flight crew members aboard the aircraft. An 

exemption from this provision is appropriate under the conditions proposed in this petition. 

14 C.F.R. § 91.109 (Flight Instruction). 

This regulation provides that no person may operate a civil aircraft (except a manned free balloon) that 

is being used for flight instruction unless that aircraft has fully functioning dual controls. 

The Vapor is a remotely piloted and semi autonomous aircraft, and, by design, does not have dual 

controls. Flight is controlled via ground station controller and the flight profile which is uploaded to the Vapor 

prior to flight. In the event of emergency, the Vapor can be controlled by remote control and said controller 

can easily be handed to the Vapor instructor should that become necessary. This will provide an equivalent 

level of safety to section 91.109 requiring dual controls. 

14 C.F.R. § 91.119 (Minimum Safe Altitudes). 

Section 91.119 establishes safe altitudes for operation of civil aircraft. Specifically, 

91.119(c) limits aircraft flying over areas other than congested areas to 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. 

As stated above, the Vapor, under the proposed waiver, will not operate higher than 400 feet AGL, and 

flights will occur within areas of farmland (consistent with Part 137) or cell tower, pipeline and power line 

easements. No flights will be conducted near persons, vehicles or vessels, and flights will be away from 

congested or populated areas. Aerial mapping, crop inspection work and utility inspection, however, is unique, 

and must be done at altitudes below 500 feet AGL and within 500 feet of structures, necessitating an 

exemption from Section 91.119. 

The operation restrictions outlined above in section III(E) coupled with the pilot’s existing familiarity 

with 14 C.F.R. §137 will provide an equivalent level of safety. 
14

14 C.F.R. § 91.121 (Altimeter Settings). 

14 C.F .R. § 91.121 requires persons operating aircraft to maintain certain cruising altitudes or flight 

levels by reference to an altimeter that is set "to the elevation of the departure airport or an appropriate 

altimeter setting available before departure." The Vapor operates with relative altitudes. Zero altitude is where 

the GPS becomes valid at a pre-defined PDOP (Position Dilution of Precision) accuracy value. The Vapor 

computes the reference altitude always with respect to the START waypoint: 

Reference altitude waypoint X = altitude waypoint X – altitude START waypoint 

Petitioner requests an exemption to this provision as the level of altitude accuracy provided by the 

Vapor system will achieve an equivalent level of safety to the use of an altimeter. 

14 C.F.R. § 91.151 (Fuel Requirements). 

This regulation states “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 to the first point of intended 

landing and, assuming normal cruising speed, to fly after that for at least 20 minutes." 

The Vapor batteries provide approximately 60 minutes of powered flight, and battery power is 

communicated “real time” to the ground station. An exemption from 14 C.F .R. §91.151 is necessary to allow 

flights greater than 40 minutes in length. A reduction to 10 minutes or 10% battery power is requested. 

With the restrictions proposed above in Section III(E), specifically, the 1⁄2 Nautical Mile operating 

range, 10 minutes of reserve battery power will provide an equivalent level of safety as that contemplated by 

§14 C.F .R. 91.151. 

14 C.F.R. § 91.203(a) and (b) (Display of Certificates). 

Sections 91.203(a) and (b) requires all civil aircraft to have within them an appropriate and current 

airworthiness certificate and an effective U.S. registration certificate issued to its owner, which are displayed 

at the cabin or cockpit entrance so that it is legible to passengers or crew. By design, the Vapor does not have a 

cockpit or cabin. The size of the Vapor would not permit carrying these documents. Should the exemption to 

14 C.F.R. § 91.7(a) (Airworthiness Requirement) above, be granted, the display of an airworthiness certificate 

would become moot. 

Additionally, an exemption to 14 C.F.R. Part 47 (Aircraft Registration) and Part 49 (Recordation of 

Aircraft Title and Security Documents) is requested above. Agri Tech Systems intends to register the Vapor 

and, if successful, will keep the aircraft registration with the ground control station. However, if registration is 

not possible, and an exemption approved, compliance with Sections 91.203(a) and (b) would not be necessary 

and would provide an equivalent level of safety. 

14 C.F.R. § 91.405 (Maintenance Required); 14 C.F.R. § 91.407(a)(l) (Operation after Maintenance). 

14 C.F.R. § 91.405 states “Each owner or operator of an aircraft- 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 14 C.F.R. part 43 of this chapter. 
15

Maintenance will be performed consistent with the flight manual in Attachment “A” and be performed 

or supervised by an Airframe and Power Plant Mechanic (A&P). While the flight control systems and 

programming of the Vapor are quite complex, the mechanical parts of the aircraft are relatively simple. Prior 

to each flight, the Vapor will be visually inspected for wear or broken parts. The Vapor is then powered up 

and the Vapor performs dozens of software/firmware “self checks” to ensure all systems are functioning 

properly. 

Should the Vapor fail either the preflight inspection or the self checks, the flight will be aborted until 

mechanical parts can be replaced or the Vapor can be returned to Pulse Aerospace for software/firmware 

repairs. 

14 C.F.R. § 91.407(a)(l) prohibits operation of any aircraft that has undergone maintenance, preventive 

maintenance, rebuilding, or alteration unless—It has been approved for return to service by a person 

authorized under § 43.7 of this chapter. 

At the conclusion of any maintenance or repair, the Vapor will again be inspected by an A&P 

mechanic and the system will perform the self checks to ensure safe flight. 

The combination of pilot inspection and the Vapor self checks will provide an equivalent level of 

safety to the maintenance requirements in 14 C.F.R. § 91.405 and 91.407(a)(l) and exemption is requested. 

14 C.F.R. § 91.409(a)(1) and (a)(2) (Inspections).

This section states, in pertinent part, “no person may operate an aircraft unless, within the preceding 12 

calendar months, it has had— 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 an inspection for the 

issuance of an airworthiness certificate in accordance with part 21 of this chapter. 

The Vapor will be routinely inspected by a licensed A&P mechanic and will be thoroughly inspected 

prior to each flight. Additionally, the Vapor will perform diagnostic self checks prior to each flight and this 

combination of inspections will provide an equivalent level of safety to the requirements of 14 C.F.R. 

§91.409(a)(1) and (a)(2). 

14 C.F.R. § 91.417(a) and (b) (Maintenance Records).

Section 91.417 outlines a number of requirements for maintenance records for aircraft. Agri Tech 

Systems will maintain records of maintenance performed as well as a log of any faults recorded during any 

Vapor self checks, and subsequent repairs performed. However, compliance with 14 C.F.R. § 91.417(a) and 

(b), as written, would not be possible, and exemption from this section is requested. 

An equivalent level of safety will be achieved through the inspection and maintenance outlined above 

and by the records of repair that will be kept as outlined in this section. 

V. Agri Tech Systems' Proposed Operations are in the Public Interest 

Agri Tech Systems' proposed sUAS operations will limit the use of sUAS to relatively small tracts of 

land used for agricultural purposes, and within easements surrounding cell towers, pipelines and power lines. 

There will be no over-flight of any areas not designated for inspection and mapping as would occur with 

airport based operations. 
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The Vapor carries no fuel, is small in size, quiet, and carries a number of redundant safety features. 

The proposed operations outlined in this petition will provide a greater level of safety than similar operations 

performed in manned aircraft. Ultimately, the use of sUAS as proposed will provide invaluable data to 

farmers to tailor the use of chemicals on their crops through the use of prescriptive chemical application maps. 

This data will reduce costs for farmers and consumers, and minimize environmental impact through the 

reduced use of agriculture chemicals. Additionally, sUAS use for cell tower, pipeline and power line 

inspection will reduce noise and pollution and provide an additional level of safety not currently available with 

manned operations. It is also in the public interest to research aircraft de-confliction and the operations 

proposed in this petition are best suited for this research due to the shared airspace utilized by aerial 

applicators and utility inspectors. 

As stated above, petitioner intendeds to share all information learned with the Department of 

Transportation and the Federal Aviation Administration to assist in developing comprehensive rules and 

regulations for UAS operations. This will enhance safety for, not only, aerial applicators and other pilots, but 

the public as a whole. 

VI. Privacy 

The operations outlined in this petition will not raise any privacy concerns. Operations will be 

conducted over nearly uninhabited areas of farmland and within cell tower, pipeline and power line easements. 

There will be no over-flight over any known person or group of people and the data collected will be used 

solely for the purpose of enhancing farming operations and utility inspection. No data collected will be made 

public. 

VII. Summary 

For the reasons outlined above, petitioner has demonstrated it is equipped and committed to safe 

operation of sUAS under the restrictive conditions set forth herein. Agri Tech Systems’s use of the Vapor 

under the restrictive conditions proposed will provide an equivalent level of safety and will not implicate any 

privacy or National Security concerns. The anticipated benefits of sUAS operations are in the public interest 

and the exemptions requested should be granted. 

IX. Request for Relief 

Based on the information provided in this petition, Agri Tech Systems requests exemption from the 

C.F.R’s outlined above, and any other exemptions the Secretary deems appropriate, for sUAS operation 

consistent with the terms proposed. 

Respectfully, 

Bret Lucas 

Agri Tech Systems, LLC 

Attachment