U.S. Department of Transportation February 29, 2016

Docket Management System

1200 New Jersey Avenue, SE

Room W12-140, West Building Ground Floor

Washington, DC 20590-0001

Re: Beck’s Superior Hybrids, Inc.’s Exemption Request Under Section 333 of the 

FAA Reform Act and Part 11 of the Federal Aviation Regulations

Dear Sir or Madam:

Pursuant to Section 333 of the FAA Modernization and Reform Act of 2012 (the “Reform Act”)

and 14 C.F.R. Part 11, Beck’s Superior Hybrids, Inc. (“Beck’s”) seeks a Section 333 exemption 

from Federal Aviation Regulations (“FARs”) detailed below for the DJI Phantom 3 Pro, the eBee 

Sensefly, and AgEagle RAPID (the “UASs”) so as to operate the UASs commercially in the United 

States of America. These commercial operations would be conducted within the outlined flight 

operations and conditions described below and those that may be established by the Federal 

Aviation Administration (“FAA”) in the granting of this Petition for Exemption.

I. Background.

Purpose: With the approval of this exemption, Beck’s will be allowed to commercially operate 

their UASs within the United States of America. Beck’s will be operating their UASs for the 

purposes of precision agriculture, crop scouting, land inspection, agricultural mapping, 

agricultural data collection, and in support of federal crop management programs. Use of the 

UASs for these purposes reduces the need to operate conventional aircraft, providing data 

more quickly, accurately, economically, safely, and with reduced environmental impact. Details 

of these crafts, their manuals, safety parameters, operational checklists and more will be 

explained below.

COA: Beck’s acknowledges that under current FAA guidance a separate Certificate of Waiver or

Authorization (“COA”) is required to fly at altitudes in excess of 200 feet above ground level 

(“AGL”). Beck’s will apply for COAs where required. Beck’s hereby requests a blanket COA for 

flights up to 200 feet AGL in the form approved by the FAA. Beck’s will file Notices to Airmen 

(“NOTAM”) for its flights when required.

Craft Details. The requested exemption would allow Beck’s to use three UAS models: DJI 

Phantom 3 Professional, eBee SenseFly, and AgEagle RAPID. 

Each UAS weighs less than 55 lbs. fully loaded, will be operated at a speed of no more than 30

knots, carries neither a pilot nor passenger, carries no explosive materials or flammable liquids, 

and operates exclusively within an approved COA airspace. All UASs use a radio frequency 

spectrum for operation and control that complies with Federal Communications Commission 
2

(“FCC”) requirements and has integrated safety features as described within user manuals for 

each particular UAS. 

The DJI Phantom 3 Professional weighs 1280 grams including battery and propellers. Its 

diagonal size is 590 millimeters including propellers. It is capable of 16 meters per second. It 

uses a 6000 mAh LiPo 2S battery. See Exhibit A for more details on the DJI Phantom. 

Additionally, please consider the FAA’s previous review of materials and exemptions granted 

for the DJI Phantom in Exemption Nos. 11587/11587A and 14486. The eBee weighs 

approximately 0.69 kg (1.52 pounds). Its wingspan is 96 centimeters (38 inches). It is made of 

EPP foam, carbon structure, and composite parts. The battery is a 11.1 V, 2150 mAH. Maximum 

flight time is 50 minutes. Nominal cruise speed is 40-90 kilometers per hour (11-25 meters per 

second or 25 to 26 miles per hour). See Exhibit B for more details on the eBee. Additionally, 

please consider the FAA’s previous review of materials and exemptions granted for the eBee in 

Exemption Nos. 11745, 11754, 11764, 11673. The Ag Eagle RAPID weighs 7.5 lbs. with imaging 

payload, has a 56-inch wingspan, is 6.5 inches long, and is battery-fueled. The AgEagle uses 

DroneDeploy software which produces high quality imagery and data that can be used 

independently - or in the case of surveying and thermal modelling, can be combined to produce 

precision charts, contour maps and determine the health of a crop. See Exhibit C for more 

details on the Ag Eagle. Additionally, please consider the FAA’s previous review of materials and 

exemptions granted for the AgEagle in Exemption Nos. 11480, 11567, and 11504.

The UASs are equipped with redundant safety mechanisms allowing them to operate safely 

after experiencing certain-flight failures. If a lost-link event occurs, including the loss of ground 

communications and/or the loss of a GPS signal, the UASs have the ability to perform a precoordinated, predictable, automated flight maneuver and return to a predetermined location 

within a designated security parameter for landing. The UASs further have the ability to abort a 

flight in the event of unpredicted obstacles or emergencies.

The UASs that will be operated by Beck’s will be registered in accordance with 49 U.S.C. 44103, 

Registration of Aircraft, as well as 14 C.F.R Part 47, Aircraft Registration, and marked in 

accordance with 14 C.F.R. Part 45, Identification and Registration Markings, as explained below.

Operations: The UASs will be operated in the field with a Pilot in Command (“PIC”) and a 

ground-based Visual Observer (“VO”) in accordance with FAA Order 8900.1, vol. 16 “Unmanned 

Aircraft Systems” with the following additional restrictions:

- All operations will be conducted in accordance with the COA.

- All operations will remain clear of manned aviation operations and activities at all times.

- All operations will occur at altitudes no more than 400 feet AGL.

- Any operations over private property will be operated only with the permission of the 

land owner.

- The UASs will not be operated by a PIC from any moving device.

- Operations will be limited to day, visual meteorological conditions.

- The UASs will remain within Visual Line of Sight (“VSOL”) of the PIC and VO at all times.
3

- While the aircraft is airborne, the VO will be positioned within voice distance to the PIC.

The PIC and VO will meet the requirements outlined in FAA Order 8900.1, volume 16, chapter 4.

The PIC will hold at least a recreational or sport pilot certificate. Additionally, the PIC will

perform maintenance on the system and will complete a course of maintenance instruction as

part of their initial training. Due to the simplicity of the system, we do not anticipate the need

for a supplemental pilot.

In light of the UASs’ light weight and historically demonstrated flight performance, in 

combination with strict operation under the guidelines established in 8900.1, the FAA can have 

confidence that Beck’s operation will have an equivalent or greater level of safety of manned 

aircraft performing the same mission. Qualified Beck’s personnel will perform preflight 

inspections, required maintenance and repair to ensure the UAS is in a condition for safe flight. 

The UASs will be operated in compliance with and under the instructions provided in the users’

manuals attached to this Petition as Exhibits A, B, and C.

The FAA has found that safety factors permitted operation of UASs in the case of operations 

pursuant to public COAs when the mandatory operating conditions specified above were 

present. See Federal Aviation Administration, Notice N-8900.227, Unmanned Aircraft Systems 

(UAS) Operational Approval, at 20-21 (July 30, 2013). The FAA has the statutory authority to 

grant exemptions to the requirements for and privileges associated with the grant of airmen’s 

certificates. 49 USC §44701(f).

Public Interest Summary: Granting an exemption to Beck’s would permit the above specified 

operation of UASs in the NAS with limited, tightly controlled, predetermined flight plans away 

from the general public, airports, heliports, motorways or any restricted airspace. Granting a 

request for Beck’s complies with the Secretary of Transportation’s (FAA Administrator’s)

instructions to integrate UASs into the national airspace system (“NAS”), as well as to 

“...establish requirements for the safe operation of such aircraft systems in the national 

airspace system” under Section 333(c) of the Reform Act. Beck’s will ensure enhanced public 

safety by conducting operations in compliance with the specific safety protocols and 

regulations established by the FAA. Additionally, seamlessly integrating UASs into the NAS will 

increase community awareness of the benefits of UASs. Increased awareness and education will 

reveal the positive role the UAS industry can play in local communities while increasing safety.

Approval of the exemption allowing commercial operations of the UASs for surveying, mapping, 

and inspection operations will enhance safety by reducing risk. Conventional aerial survey and 

inspection operations using manned aircraft involve heavy aerial vehicles carrying significant 

quantities of combustible fuels, and a multi-person crew in piloting and observation roles.

These operations require transit to and from the location of the activity, and often take place in 

congested environments and include close proximity to physical obstacles and/or presence of 

the general public. By contrast, the UASs weigh less than 10 pounds, including payloads and use

a battery for power, are transported or carried to/from the area of activity, remove the need 

for airborne pilots/observers, and pose less risk to people and infrastructure on the ground. 
4

Additionally, no national security issue is raised by the grant of the requested exemptions. 

Given the size, load carrying capacity, speed at which it operates, and the fact that it carries no 

explosives or other dangerous materials, the UASs pose no threat to national security. The 

operation of the UASs for surveying, mapping, and inspection operations in accordance with 

the strict conditions outlined in this application will provide an equivalent level of safety 

supporting the grant of the exemptions requested herein. 

PIC: The UASs will be operated by a Pilot in Charge (“PIC”) holding either an airline transport, 

commercial, private, recreational, or sport pilot certificate. The PIC will also hold a current FAA 

airman medical certificate or a valid U.S. driver’s license issued by a state, the District of 

Columbia, Puerto Rico, a territory, a possession, or the Federal government. The PIC will meet 

the flight review requirements specified in 14 CFR 61.56 in an aircraft in which the PIC is rated 

on his or her pilot certificate. The PIC will demonstrate, by meeting minimum flight-hour and 

currency requirements, that the PIC is able to safely operate the UASs in a manner consistent 

with this exemption, including evasive and emergency maneuvers and maintaining appropriate 

distances from people, vessels, vehicles, and structures.

II. Name and Contact Information of Applicant: 

Beck’s Superior Hybrids, Inc.

Attn.: Jim Love

6767 E. 276th Street

Atlanta, IN 46031

Email: jlove@beckshybrids.com

Phone: 317.694.2749

III. Regulations from which Exemption is Requested:

Pursuant to the FAR and the Reform Act Section 333 (Special Rules for Certain Unmanned 

Aircraft Systems), Beck’s petitions the Administrator for exemption from the requirements of 

14 CFR part 21, 14 CFR part 27, 14 CFR §§ 43.7, 45.23, 45.25, 45.27, 45.29, 61.113, 61.315, 91.7, 

91.9, 91.103, 91.105, 91.109, 91.119, 91.121, 91.151, 91.203, 91.215, and 14 CFR §§ 91.401 –

91.417. See Exhibit D for a summary of the FARs from which Becks seeks exemption. 

IV. The Extent of Relief Beck’s Seeks and the Reason:

This exemption application is submitted on behalf of Beck’s in accordance with the Reform Act, 

112 P.L. 95 §§ 331-334, seeking relief from any currently applicable FARs operating to prevent 

Beck’s predetermined agricultural data collection and other flight operations within the NAS. 

The Reform Act provides for such integration of civil unmanned aircraft systems into our NAS as 

it is in the public’s interest to do so. Beck’s will be operating lightweight UASs that meet the 

definition of “small unmanned aircraft” as defined in Section 331 and, therefore the integration 

of such UASs are expressly contemplated by the Reform Act.
5

This exemption application is submitted to fulfill Congress’ goal in passing Section 333 (a) 

through (c) of the Reform Act. This law directs the Secretary of Transportation to consider 

whether certain unmanned aircraft systems may operate safely in the NAS before completion 

of the rule making required under Section 332 of the Reform Act. In making this determination, 

the Secretary is required to determine which type of UASs do not create a hazard to users of 

the NAS or the public or pose a threat to national security. If the Secretary determines that such 

vehicles “may operate safely in the national airspace system, the Secretary shall establish 

requirements for the safe operation of such aircraft in the national airspace system.” Id. § 333 

(c) (emphasis added). The Federal Aviation Act expressly grants the FAA the authority to issue 

exemptions. This statutory authority by its terms includes exempting civil aircraft, as the term is 

defined under §40101 of the Act, that includes UASs, from the requirement that all civil aircraft 

must have a current airworthiness certificate. The Administrator may grant an exemption from 

a requirement of a regulation prescribed under subsection (a) or (b) of this section or any 

sections 44702-44716 of this title if the Administrator finds the exemption in the public 

interest. 49 USC §44701(f) See also 49 USC §44711(a); 49 USC §44704; 14 CFR §91.203(a)(1).

14 CFR pt. 21, Subpart H: Airworthiness Certificates. 14 CFR §91.203(a)(1) Subpart H, entitled

Airworthiness Certificates, establishes the procedural requirements for the issuance of 

airworthiness certificates as required by §91.203(a)(1). Given the size and limited operating 

area associated with the aircraft to be utilized by Beck’s, an exemption from Part 21 Subpart H 

meets the requirements of an equivalent level of safety under Part 11 and Section 333 of the 

Reform Act. The Federal Aviation Act (49 USC §44701(f)) and Section 333 of the Reform Act 

both authorize the FAA to exempt aircraft from the requirement for an airworthiness certificate 

upon consideration of the size, weight, speed, operational capability, and proximity to airports 

and populated areas of the particular UASs. In all cases, an analysis of these criteria 

demonstrates that the UASs operated without an airworthiness certificate, in the restricted 

environment and under the conditions proposed will be at least as safe, or safer, than a 

conventional aircraft (fixed wing or rotorcraft) operating with an airworthiness certificate 

without the restrictions and conditions proposed. The UASs to be operated hereunder are 55 

lbs. or less fully loaded, carry neither a pilot nor passenger, carry no explosive materials or 

flammable liquid fuels, and operate exclusively within a secured area. These safety 

enhancements provide a greater degree of safety to the public and property owners than 

conventional operations conducted with airworthiness certificates issued under 14 CFR Part 21, 

Subpart H. Lastly, application of these same criteria demonstrates that there is no credible 

threat to national security posed by the UASs due to their size, speed of operation, location of 

operation, lack of explosive materials or flammable liquid fuels, and inability to carry a 

substantial external load.

14 CFR 27: Airworthiness Standards - Normal Category Rotorcraft. This part creates the 

procedural requirements for airworthiness certification of Normal Category Rotorcraft. Beck’s

seeks exemption from 14 CFR 27 for the same reasons stated in the request for exemption from 

14 CFR 21(h).
6

14 CFR 43.7: Authorized Maintenance/Repair/Alteration Personnel. This section regulates 

personnel authorized to approve aircraft, airframes, aircraft engines, propellers, appliances, or 

component parts for return to service after maintenance, preventive maintenance, rebuilding, 

or alteration. The FAA has found in favor of previous Exemption No. 11208 pertaining to this 

rule. The regulation would create a burden as Beck’s would have to find a regularly authorized 

conventional mechanic or otherwise licensed personnel to sign off on an unconventional flight 

craft’s maintenance. Additionally, it is likely that the PIC would be more knowledgeable 

regarding the UASs than a regular mechanic. Due to the relative ease of replacing parts on a 

UAS, it is not necessary for a certified or authorized individual to sign off on the repair. Instead, 

the repair can easily be done by authorized personnel as long as the user’s or manufacturer’s 

manual is followed. For these reasons Beck’s should be exempt from 14 CFR 43.7.

14 CFR 45.23(b): Marking of the Aircraft. The regulation requires that 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”, 

“light-sport”, “experimental”, or “provisional”, as applicable. Even though the UASs will have no 

airworthiness certificate, an exemption may be needed as the UASs will have no entrance to 

the cabin, cockpit or pilot station on which the word “experimental” could be placed. Given the 

size of the UASs, two-inch lettering would be nearly impossible. The word “experimental” will 

be placed on the fuselage in compliance with §45.29 (f). The equivalent level of safety will be 

provided by having the UASs marked on the fuselage as required by §45.29 (f) where the pilot, 

observer, and others working with the UASs will see the identification of the UASs as

“experimental”. The FAA has issued the following exemptions to this regulation as Exemption 

Nos. 10700, 8738, 10167 and 10167A.

14 CFR 45.25: Marking of the Aircraft – Fixed-Wing Aircraft. This section requires the operator 

of a fixed-wing aircraft to display the required marks on either the vertical tail surfaces or the 

sides of the fuselage, except as provided in §45.29(f). The AgEagle and eBee are fixed-wing 

UASs. For the same reasons stated in the request for exemption from 14 CFR 45.23, Beck’s 

believes it should be exempt from 14 CFR 45.25. As explained above, since Beck’s will mark 

their UASs with markings as large as practicable, it respectfully asks for exemption from 14 CFR

45.25.

14 CFR 45.27: Marking of the Aircraft – Rotorcraft. This section requires the operator of a 

rotorcraft to display on that rotorcraft horizontally on both surfaces of the cabin, fuselage, 

boom, or tail, the marks required by 14 CFR 45.23. The DJI Phantom is a rotorcraft. For the 

same reasons stated in the request for exemption from 14 CFR 45.23, Beck’s believes it should 

be exempt from 14 CFR 45.27. As explained above, since Beck’s will mark their UASs with 

markings as large as practicable, it respectfully asks for exemption from 14 CFR 45.27.

14 CFR 45.29: Size of Marks. According to this section, the operator of an aircraft must display 

markings of at least a certain size on the aircraft. For the same reasons stated in the request for 
7

exemption from 14 CFR 45.23, Beck’s believes it should be exempt from 14 CFR 45.29. It will 

mark their UASs with markings as large as practicable. Beck’s respectfully asks for exemption 

from 14 CFR 45.29.

14 CFR 61.113: Private Pilot Privileges and Limitations. FAR section 61.113 limits private pilots 

to noncommercial operations. Because the UASs will not carry a pilot or passengers onboard, 

the proposed operations can achieve the same or greater level of safety as current operations 

by ensuring the PIC operating the aircraft holds either an airline transport, commercial, private, 

recreational, or sport pilot certificate. The PIC will also hold a current FAA airman medical 

certificate or a valid U.S. driver’s license issued by a state, the District of Columbia, Puerto Rico, 

a territory, a possession, or the Federal government. The PIC will have no less than 20 hours of 

flight time with the specific UAS system Beck’s operates. The experience will be certified by 

Beck’s. Beck’s will maintain flight logs of all PICs it employs, and will provide full transparency to 

the FAA regarding the logs and records of the PICs. The PIC will also meet the flight review 

requirements specified in 14 CFR 61.56 in an aircraft in which the PIC is rated on his or her pilot 

certificate. The PIC will demonstrate, by meeting minimum flight-hour and currency 

requirements, that the PIC is able to safely operate the UASs in a manner consistent with this 

exemption, including evasive and emergency maneuvers and maintaining appropriate distances 

from people, vessels, vehicles, and structures. The risks associated with the operation of the 

UASs are so diminished that allowing operations of the UASs by a PIC meeting the standards of 

Beck’s (listed above) exceeds the current level of safety achieved by 14 CFR 61.113. Unlike a 

conventional aircraft that carries a pilot and passengers, the UASs are remotely controlled with 

no people on board. The area of operation is controlled and restricted, and all flights are 

planned and coordinated in advance. Additionally, the PIC will only operate the UASs if weather 

conditions permit safe operations. The judgement of “Safe Weather Conditions” will be 

determined based on several standing classifications developed by the FAA. These include 

operations being conducted under the Visual Meteorological Conditions (“VMC”) rules. The 

UASs have a high degree of pre-programmed control and various built-in technical capabilities 

through software that strictly limit the potential for operation outside of the operating 

conditions set forth in the exemption application. 

Currently there are no pilot licenses that are specific for UAS operators. Beck’s is hopeful the 

FAA will develop a pilot’s license program specifically tailored to UAS operations. 

14 CFR 61.315(a)(c): Privileges and Limits of Sport Pilot’s License. This section limits a sport pilot 

to noncommercial operations. As indicated above, because Beck’s UASs will not carry a pilot or 

passengers onboard, the proposed operations can achieve the same or greater level of safety as 

current operations by ensuring the PIC operating the aircraft holds either an airline transport, 

commercial, private, recreational, or sport pilot certificate. The same reasons for exemption 

from 14 CFR 113 (private pilot operations) support an exemption from 14 CFR 61.315. As has 

been highlighted previously, the directive from Congress passed to the FAA via the Reform Act 

was to integrate commercial UAS operations into the NAS. Furthermore, in numerous 

previously filed and granted Petitions for Exemption under Section 333, it has been stated by 

the FAA that the agency now allows operations under these exemptions by people who hold a 
8

recreational or sport pilot certificate. This statement, combined with the initiative behind 

Section 333 exemptions shows the FAA has found in favor of the idea that commercial UAS

operations can be conducted by people who hold a recreational or sport pilot certificate. This 

same argument can be made in regard to subpart (3) of 14 CFR 61.315(a)(c), which states that a 

Sport-Certified Pilot may not operate an aircraft in furtherance of a business. Based on this 

description, an aerial operation that is “in furtherance of a business” would be considered a 

lesser form of commercialization than flights for hire or compensation as these types of flights 

are incidental to a business as opposed to directly related to the business, which is what a flight 

for compensation would likely be. Therefore, Beck’s should be exempt from this rule for the 

same reasons given regarding 14 CFR 61.315(a)(c)(1) and (2).

14 CFR 91.7(a): Civil Aircraft Airworthiness. The regulation requires that no person may operate 

a civil aircraft unless it is in airworthy condition. As there will be no airworthiness certificate 

issued for these aircraft (Beck’s UASs do not require an airworthiness certificate in accordance 

with 14 CFR Part 21, Subpart H), no FAA regulatory standard will exist for determining 

airworthiness. Given the size of the UASs and use of safety check lists prior to each flight, an 

equivalent level of safety will be provided. Beck’s will ensure that the UASs are in an airworthy 

condition prior to every flight, by determining that the UASs are in compliance with the 

operating documents and that the aircrafts are in a condition for safe flight.

14 CFR 91.9 (b)(2): Civil Aircraft Flight Manual in the Aircraft. Section 91.9 (b)(2) provides that 

no person may operate a U.S.-registered civil aircraft for which an Airplane or Rotorcraft Flight 

Manual is not required by section 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 UASs, given their size and configuration, have no 

ability or place to carry such a flight manual on the aircraft, not only because there is no

pilot on board, but because there is no room or capacity to carry such an item on the aircraft. 

The equivalent level of safety will be maintained by keeping the flight manual at the ground 

control point where the PIC flying the UASs will have immediate access to it. The FAA has issued 

the following exemptions to this regulation: Exemption Nos. 8607, 8737, 8738, 9299, 9299A, 

9565, 9565B, 10167, 10167A, 10602, 32827, and 10700.

14 CFR 91.103: Preflight action. This regulation requires each pilot in command to take certain 

actions before flight to ensure the safety of flight. As FAA-approved rotorcraft flight manuals 

will not be provided for the aircraft, an exemption is needed. The PIC will review the weather, 

flight battery requirements, landing and takeoff distances, and aircraft performance data to 

ensure safe operations before initiation of flight.

14 CFR 91.105: Flight Crew Members at Stations. This section regulates the actions of flight 

crew members. The UASs do not carry a physical crew. As such, there is no cockpit or other 

operating area within the vehicle into which a prospective crewmember would harness 

themselves. Thus, this section does not apply. Instead, all operations of the UASs are executed 

from the ground from a designated operating area, in which, each crewmember has an 

assigned position at which they will stand during the operation. Generally, this standing area 
9

would be near the ground station for the PIC and in a predesignated area determined by the 

PIC for the VO. Utilizing predetermined standing areas for the PIC and VO will ensure safe 

operating procedures of the UASs. The FAA has found in favor of previous exemptions which 

contained a request for exemption from this rule, including Exemption No. 11185.

14 CFR 91.109: Flight instruction. Section 91.109 provides that no person may operate a civil 

aircraft (except a hot air balloon) that is being used for flight instruction unless that aircraft has 

fully functioning dual controls. UASs do not have fully functional dual controls. Flight control is

accomplished through the use of a control box that communicates with the aircraft via radio 

communications. The FAA has approved exemptions for flight training without fully functional 

dual controls for a number of aircraft and for flight instruction in experimental aircraft. See 

Exemption Nos. 5778K & 9862A. The equivalent level of safety is provided by the fact that 

neither a pilot nor passengers will be carried in the aircraft, and by the reduced size and speed 

of the aircraft.

14 CFR 91.119: Minimum safe altitudes. Section 91.119 establishes safe altitudes for operation 

of civil aircraft. Section 91.119 (d) allows helicopters to be operated at less than the minimums 

prescribed, provided the person operating the helicopter complies with any route or altitudes 

prescribed for helicopters by the FAA. As this exemption requests authority to operate at 

altitudes up to 400 feet AGL, an exemption may be needed to allow such operations. As set 

forth herein, the UASs will never operate at higher than 400 feet AGL. The UASs will be 

operated in a restricted area where buildings and people will not be exposed to operations 

without their pre-obtained consent. The equivalent level of safety will be achieved given the

size, weight, speed of the UASs as well as the location of operations. No flight will be taken 

without the permission of the property owner. Because of the advance notice to the property 

owner, all affected individuals will be aware of the planned flight operations. Compared to 

flight operations with aircraft or rotorcraft weighting far more than the maximum 55 pounds 

proposed herein and the lack of flammable fuel, any risk associated with these operations is far 

less than those presently presented with conventional aircraft operating. In addition, the lowaltitude operations of the UASs will ensure separation between these small UAS operations and 

the operations of conventional aircraft that must comply with Section 91.119.

14 CFR 91.121: Altimeter Settings. Beck’s seeks an exemption from this regulation since its 

UASs will not have a typical barometric altimeter onboard. However, altitude information will 

be provided to the PIC via GPS equipment and radio communications telemetry data link, which 

downlinks from the aircraft for active monitoring of the flight path. This altitude information, 

combined with Beck’s operation of the UASs within visual line of sight, at or below 400 feet 

AGL, will ensure a level of safety equivalent to 14 CFR 91.121.

14 CFR 91.151: Fuel Requirements. This section regulates the amount of fuel required in an 

aircraft. Safety will not be affected by operation of the UASs during daylight hours in VMC 

under visual flight rules (“VFR”), with enough battery power to fly for a total duration of 

approximately 20 minutes to the first point of intended landing and, assuming normal cruising 
10

speed, to fly after that for at least 5 minutes. A representative sample of other exceptions 

includes Exemption Nos. 10808, 5745, and 11447/11447B.

14 CFR 91.203: Carrying Civil Aircraft Certification and Registration. This regulation provides in

pertinent part: (a) Except as provided in § 91.715, no person may operate a civil aircraft unless 

it has within it the following: (1) An appropriate and current airworthiness certificate. (b) No 

person may operate a civil aircraft unless the airworthiness certificate required by paragraph (a) 

of this section or a special flight authorization issued under §91.715 is displayed at the cabin or 

cockpit entrance so that it is legible to passengers or crew. The UASs fully loaded weigh no 

more than 55 pounds and are operated without an onboard pilot. As such, there is no ability or 

place to carry certification and registration documents or to display them on the UASs. An 

equivalent level of safety will be achieved by keeping these documents at the ground control 

point where the pilot flying the UASs will have access to them, to the extent they are 

applicable. The FAA has issued numerous exemptions to this regulation. A representative 

sample of other exceptions includes Exemption Nos. 9565, 9665, 9789, 9789A, 9797, 9797A, 

9816A, and 10700.

14 CFR 91.215: ATC Transponder and Altitude Reporting Equipment and Use. This section 

regulates the equipment that is required to be on each aircraft. As explained above, all flights 

will be below 400 feet AGL, operated within VSOL, and have a live, GPS-based, read-out of 

altitude during the flight. Beck’s intends to fly under the Blanket COA for flights below 200 feet 

AGL to all Section 333 Exemption holders or under a future Air Traffic Organization (“ATO”)-

issued COA that will be applied for after receiving the Section 333 exemption, if needed. By 

following the conditions included in this application, in the FAA-issued Section 333 exemption, 

and the reporting requirements contained in an ATO-issued COA, Beck’s can provide an 

equivalent level of safety as is provided by the existing rule and ensure adequate compliance 

with reporting standards as set forth in the rule.

14 CFR 91.405(a): 407(a)(1); 409(a)(2); 417(a) & (b): Maintenance Inspections. In consideration 

of the speed, weight, size, and limited operating area associated with the unmanned aircraft 

and its operation, Beck’s operation of its UASs meets the conditions of Section 333 and 

therefore will not require an airworthiness certificate in accordance with 14 CFR Part 21, 

Subpart H. Accordingly, Beck’s requests relief from 14 CFR 91.405(a), 91.407(a)(I), 91.409(a)(I) & 

(a)(2), and 91.417 (a) & (b), as these sections set forth maintenance requirements that only 

apply to aircraft with an airworthiness certificate. The requested relief is proper since an 

equivalent or higher level of safety will be ensured. Beck’s will use experienced personnel or 

technicians to perform maintenance, alterations, or preventive maintenance on the UASs using 

the methods, techniques, and practices prescribed in the operating documents submitted with 

this application. Furthermore, Beck’s will document and maintain all required maintenance 

records for the UASs. An equivalent level of safety is also ensured because these small UASs are 

limited in size and will carry a small payload and operate only in restricted areas for limited 

periods of time. If mechanical issues arise the UASs can land immediately and will be operating 

from no higher than 400 feet AGL. 
11

Beck’s has realized the benefits UAS equipment can provide to the agriculture industry. It 

provides new data collection capabilities, increased safety, and a smaller environmental 

footprint. Beck’s desires the highest levels of safety and professionalism. Commercial UAS 

licensing with the FAA is an essential step toward this goal. 

V. Reasons Why Beck’s Exemption Will Not Adversely Affect Safety or How This 

Exemption Will Provide a Level of Safety at Least Equal to Existing Rule.

Beck’s proposes that the exemption requested in this application applies to civil aircraft that 

have the characteristics and that operate with the limitations listed in the application. These 

limitations provide for at least an equivalent or even higher level of safety to operations under 

the current regulatory structure because the proposed operations are conducted in limited 

areas with predetermined flight paths under the permission of the property owner or property 

representative. If granted an exemption, Beck’s agrees to operate its UASs in compliance with 

all limitations imposed by the FAA and in accordance with the following limitations: 

1. The UASs, fully loaded, will weigh no more than 55 lbs.

2. Flights will be operated within VLOS of the PIC or VO. 

3. No commercial flight missions will be executed unless it can be determined that the 

flight crew can complete their mission from take-off through landing, with a reserve of 

25% battery life. 

4. Minimum crew for each operation will consist of the UAS PIC and the VO. 

5. The UAS PIC will hold an FAA airman certificate and will have a minimum of 20 hours of 

flight time with the specific UAS equipment Beck’s operates. The experience of the PIC 

will be certified by Beck’s. Beck’s will maintain flight logs of its PICs and provide full 

transparency to the FAA regarding the logs and records of these PICs.

6. PIC and VO will have been trained in the operation of the specific UAS equipment used 

by Beck’s and received up-to-date information on the particular UAS to be operated.

7. The PIC designated for any operation will have at least a Class 2 medical certificate or 

valid driver’s license.

8. VO and PIC will at all times be able to communicate by voice or radio.

9. Permission from the relevant property owners over which the UASs are to operate will 

be obtained prior to operation.

10. All required permissions and permits will be obtained from territorial, state, county or 

city jurisdictions, including law enforcement, fire departments, municipal agencies, or 

other appropriate governmental bodies. 

11. If the UASs lose communication with the PIC or loses its GPS signal, the UASs will have 

the capability to return to a pre-determined location and land autonomously.

12. The UASs will have the capability to abort a flight in case of unpredicted obstacles, 

weather, or emergencies.

13. The UASs will not be operated at a speed exceeding 30 knots. Beck’s will use either 

groundspeed or calibrated airspeed to determine compliance with the speed restriction. 

In no case will the UASs be operated at airspeeds greater than the maximum UAS

operating airspeed recommended by the aircraft manufacturer.
12

14. Any UAS that undergoes maintenance or alterations that affect the UAS operation or 

flight characteristics, e.g., replacement of a flight critical component, will undergo a 

functional test flight prior to conducting further operations under this exemption. 

Functional test flights will only be conducted by a PIC with a VO and will remain at least 

500 feet from other people. The functional test flight will be conducted in such a 

manner so as to not pose an undue hazard to persons and property.

15. Prior to each flight, the PIC will conduct a pre-flight inspection and determine the UAS is 

in a condition for safe flight. The pre-flight inspection will 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 will not 

operate until the necessary maintenance has been performed and the UAS is found to 

be in a condition for safe flight.

16. The operator will follow the UAS manufacturer’s maintenance, overhaul, replacement, 

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

17. Each UAS operated under this exemption will comply with all manufacturer safety 

bulletins.

18. The PIC will abort the flight in the event of unpredicted obstacles or emergencies.

19. Beck’s will not conduct operations at night. All operations will be conducted under VMC.

20. Beck’s is aware of the need to obtain an ATO-issued COA prior to conducting operations 

under the grant of exemption. Beck’s intends to fly under the Blanket COA provided by 

the FAA for flights below 200 feet to all Section 333 Exemption holders or under a future 

ATO-issued COA that will Beck’s will apply for after receiving its Section 333 Exemption. 

21. The UASs will not be operated within 5 nautical miles of an airport reference point as 

noted on a current FAA-published aeronautical chart unless a letter of agreement with 

that airport’s Air Traffic Control is obtained, and the operation is conducted in 

accordance with a NOTAM as required by the Operator’s COA. 

22. All UASs will be marked and identifiable by a serial number which will be as large as 

practicable given the small size of the aircraft. The FAA has previously stated that so 

long as the markings are as large as practicable given the size of a UAS, an equivalent 

level of safety can be achieved.

23. As is stated in the FAA guidelines, a UAS is required to yield the right of way to all 

manned aircraft and aviation operations at all times. Beck’s will strictly follow this rule.

24. Beck’s will follow VMC guidelines for VFR flights and as such, will fly only when there is 

visibility equal to, or in excess of, 3 statute miles from the PIC, while maintaining an 

adequate distance of no less than 500 feet below, or less than 2,000 feet horizontally 

from a cloud.

25. Beck’s UAS operations will be conducted below 400 feet AGL, nationwide or as 

otherwise advised in an ATO-issued COA.

26. Beck’s will log and report to the UAS Integration Office within 24 hours of any incident, 

accident, or flight operation that occurred outside the horizontal and vertical 

boundaries of the operational area as defined by the COA under which the flight was 

operating. Furthermore, Beck’s will report accidents to the National Transportation 

Safety Board (“NTSB”).
13

VI. How granting Beck’s Exemption Will Benefit the Public as a Whole.

Beck’s UASs weigh 55 or fewer pounds including payload. They operate under normal

conditions at a speed of no more than 30 knots and have the capability to hover and move in 

the vertical and horizontal plane simultaneously. They will operate only in line of sight and will 

operate only within a predetermined property area under the permission of the property 

owner. Such operations will ensure that the UASs will “not create a hazard to users of the 

national airspace system or the public” as per the Reform Act Section 333 (b). Given the small 

size of the UASs involved and the restricted environment within which they will operate, the 

applicant falls squarely within that zone of safety (an equivalent level of safety) in which 

Congress envisioned that the FAA must, by exemption, allow commercial operations of UASs to 

commence immediately. Also due to the size of the UASs and the restricted areas in which the 

relevant UASs will operate, approval of the application presents no national security issue. 

Given the clear direction in Section 333 of the Reform Act, the authority contained in the 

Federal Aviation Act, as amended; the strong equivalent level of safety surrounding the

proposed operations, and the significant public benefit, including enhanced safety, reduction in 

environmental impacts, including reduced emissions associated with allowing UASs for 

agricultural data collection and mapping operations, the grant of the requested exemptions is 

in the public interest. 

The economic potential of the rapidly-developing UAS industry is extraordinary. Technological 

advancements have created devices that were unthinkable as early as five years ago. Further 

development of the UAS industry is dependent upon safe integration into the NAS. It is

imperative that responsible operators lead by example in this developing industry in order to 

maintain the safest national airspace system in the world. When operated responsibly, UASs

pose significantly less threat to persons and property than traditional manned aircraft due to 

their size and lack of combustible material onboard. Congress has already proclaimed that it

is in the public’s best interest to integrate commercially UASs into the NAS. Agriculture is an 

ideal application of UAS technology. UASs can be effectively and safely used in agriculture 

because they are more cost efficient, create less emissions, are less disruptive, and pose 

significantly less threat to persons and property than traditional aircraft. Granting this 

exemption to Beck’s will ensure responsible UAS operation in the NAS and can enhance the 

economic impact of the developing UAS and ancillary industries as a whole.

The majority of Beck’s agricultural data collection occurs at low altitudes because of the 

enhanced data resolution possible at those low altitudes. Thus, customers of UAS are able to 

obtain better, more accurate and more useful data. The use of UASs avoids the need for 

potentially hazardous ultra-low-flying manned aircraft. The combination of better, more 

accurate data, coupled with the enhanced safety of UASs produces a viable commercial 

operation that promotes the public interest. The FAA has issued grants of exemption to datacollecting petitioners in similar circumstances. In Grants of Exemption Nos. 11062, 11109, 

11112, 11213, and 12645, the FAA found that the enhanced safety achieved using an 

unmanned aircraft with the basic specifications described by the petitioner and carrying no 

passengers or crew, rather than a manned aircraft of significantly greater proportions, carrying 
14

crew in addition to flammable fuel, gave the FAA cause to find that similar UAS operations used 

for data collection were in the public interest. 

Precision agriculture has seen a significant influx of UASs over the past few years. Farmers and 

their agriculture partners are using UASs to scout crops; monitor inputs like fertilizer and 

nitrogen; monitor stand growth; review irrigation and drainage; diagnose and address plant 

stressors; and measure other variables in their fields. Beck’s UAS operations will increase the 

efficiency and effectiveness of its customer farmers, which will help to feed our growing 

population. Additionally, the following previously granted exemptions point to the FAA’s 

acceptance of UASs’ use in the agriculture industry as being within the public interest: 11110, 

11136, 11167, 11192, 11222, and 14486. 

In light of the information provided above, Beck’s requests that the FAA grant it a Section 333 

Exemption for the UASs outlined in this application. Do not hesitate to contact me with any 

questions.

Respectfully submitted, 

Jim Love

Beck’s Superior Hybrids, Inc.

6767 E. 276th Street

Atlanta, IN 46031

Email: jlove@beckshybrids.com

Phone: 317.694.2749

Appendix: 

Exhibit A – DJI Phantom Manuals

Exhibit B – eBee Manual

Exhibit C – Ag Eagle Manual

Exhibit D - List of Regulations from which Exemption is Requested