ChristopherM. Taylor T: 

### +1207 6711143 ctaylor@vikinguas.com

June 6, 2014
U.S. Department ofTransportation DocketManagement System 1200 NewJersey Ave., SE Washington, DC 20590

Re: ExemptionRequest Section 333 oftheFAAReformActand Part 11 ofthe FederalAviationRegulations from 14 C.P.R. 45.23(b); 14 CFRPart21; 14 CFR61.113 (a) & (b); 91.7 (a); 91.9(b) (2); 91.103 (b); 91.109; 91.119; 91.121; 91.151 (a); 91.203(a) & (b); 91.407(a) (1); 91.409 (a) (2); 91.417 (a) & (b)

Dear Sir orMadam:
Pursuantto Section 333 oftheFAAModernization andReform Act of2012 (the Reform Act) and 14 C.P.R. Part 11, AgriViewAerial Solutions Inc, developer andoperator ofsmall Unmanned Aircraft Systems ("sUAS") equippedto conduct aerial photography and 3dmapping for the Agricultural Industryto help Farmers in the US gethigheryield ontheirproducts andto help prevent contamination offarm lands ifthere was a manned aircraft accident, hereby applies for an exemption from the listed FederalAviationRegulations ("PARs")to allow commercial operationfits sUASs, so long as such operations are conductedwithin and underthe conditions outlinedherein or as maybe establishedbythe FAA as required by Section 3 33.
As described more fully below, therequested exemptionwouldpermitthe operation ofsmall Unmanned and relatively inexpensive sUAS undercontrolled conditions in airspacethat is 1) limited 2)predetermined 3)controlled as to access and4) would provide safety enhancementstothe already safe operations intheAgricultural industrypresentlyusing conventional aircraft. Approval ofthis exemption wouldthereby enhance safety and fulfill the Secretary ofTransportation's (the FAA Administrator's) responsibilities to"

...establishrequirements forthe safe operation ofsuch aircraft systems in the national airspace system." Thename and address ofthe applicant is: VikingUnmannedAerial Systems Inc- Agricultural Aerial ServicesDivisions Attn: ChristopherM. Taylor Ph: 207-671-1143 Email: ctaylor@vikinguas.com Address: 16 Sanford Drive, Suite 5 Gorhan, Maine 04038



### 1

### The conditions proposedbythe applicant are drawn from order 8900.1 CHG 0 Regulations from whichthe exemption is required
14 CFRPart 21 14 C.P.R. 45.23(b) 14 CFR61.113 (a) & (b) 14 C.P.R. 91.7 (a) 14 CFR91.9 (b) (2) 14 C.P.R. 91.103 14 C.P.R. 91.109 14 C.P.R. 91.119 14 C.P.R. 91.121 14 CFR91.151 (a) 14 CFR91.203 (a) & (b) 14 CFR91.405 (a) 14 CFR407 (a)(1) 14 CFR409 (a)(2) 14 CFR417 (a) & (b) This exemption application is expressly submittedto fulfill Congress' goal in passing Section 333(a)through (c) ofthe ReformAct. This law directsthe Secretary ofTransportationto consider whether certainunmanned aircraft systems may operate safely inthe national airspace system (NAS) before completion ofthe rulemaking required under Section 332 oftheReform Act. In makingthis determination, the Secretary is required to determinewhichtypes ofUASs do not create a hazardto users oftheNAS orthe public orpose a threatto national security in light ofthe following:

• TheUAS's size, weight, speed, and operational capability • Operation ofthe UAS in close proximityto airports andpopulated areas; and • Operation ofthe UAS within visual line ofsight ofthe operator. Reform Act Section 333 (a). Lastly, if the Secretary determines that such vehicles "may operate safely in the national airspace system, the Secretary Shall establish requirements for the safe operation ofsuch aircraft in the national airspace system." ID Section 333( c) (emphasis added) The Federal Aviation Act expressively grants the FAA the authority to issue exemptions. This statutory authority by its terms includes exempting civil aircraft, as the term is defined under section 40101 ofthe Act, that includes sUASs, from the requirement that civil aircraft must have a current airworthiness certificate.


### Applicant interprets this provision to place the duty on the Administrator not only process applicants for exemptions under section 333, but for the administrator to craft conditions for the safe operation ofthe UAS, ifit should be determined that the conditions set forth herein do notfulfill the statutory requirements for approval.

2

### The Administrator may grant an exemption from a requirement of a regulation prescribed under subsection (a) or (b) ofthis section or any sections 44702-44716 ofthistitle ifthe Administratorfind the exemptioninthe public interest. 49 U.S.C. Section44701(±) see 

### also 49 USC Section44711(a); 49 USC Section44704; 14 CFR Section 91.203 (a) (1). Viking Unmanned Aerial System Inc

- Agricultural Aerial Services Division sUASs fixed wing and rotorcraft, weighing 55 or fewer or lbs. including payload. They operate, under normal conditions at a speed of no more than 70 knots and in the case of our multirotors have a capability to hover, and move in the vertical and horizontal plane simultaneously. They will operate in a line ofsight and will operate only within the sterile areamade up offarm land, powerutility grid andtowers. Given the small size ofthe sUASs involved and restricted sterile environment within whichthey will operate, the applicant falls squarely withinthat zone ofsafety (an equivalent level of safety) in which Congress envisioned that the FAA must, by exemption, allow commercial operations ofUASsto commence immediately. Also due to the size oftheUASs and the restricted areas in which the relevant sUASs will operate, approval ofthe application presents no national security issue. Given the clear direction in Section 333 ofthe 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 and chemical spills, exemptions associated with allowing UASs for agricultural operations, the grant ofthe requested exemptions is in the public interest. Accordingly, the applicant respectfullyrequests thatthe FAA granttherequested exemptionwithout delay.
AIRCRAFTAND EQUIVELANT LEVEL OF SAFETY
The applicantproposes thatthe exemptionrequestedherein apply to aircraftthathave the characteristics and that operate within the limitations listed herein. 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 represent a safety enhancement to the already safe agricultural services and crops dusted currently being used with conventional aircraft.

31. The sUASs will weigh less than 55 lbs. 2. Flights will be operatedwithin line ofsight ofa pilot and/or observing. 3. Maximum total flight time for each operational flight will be 30 minutes for multirotor application and 90 minutes for fixed wing operation. Flights will be terminated at 25% battery power reserve should that occur prior to the 30 minute limit and at the 90 minute limitfor fixed wing operations. 4. Flights will be operated at an altitude ofno more than 1,000 feet AGL. 5. Minimum crewfor each operation will consist ofthe sUAS Pilot, andVisual Observer. 6. sUAS Pilot will be an certified by the aircraft manufacture for operations and have at least a private pilot written exam, No Medical required. Most pilots will have military UAS training the observer will hold at least manufactures ground school certificate. No medicalrequired. 7. sUAS Pilot will be pilot in command (PIC). If a pilot certificate holder other than the sUAS Pilot, who possess the necessary PIC qualifications, is also present on set (i.e. the aerial coordinator), thatperson can also be designated as PIC 8. The UAS will only operate within a confined "sterile area" and have a "Security Perimeter" for the flight operations area. 9. A briefing will be conducted in regard to the planned sUAS operations prior to each day's production activities. Itwillbe mandatory that all personal who will be performing duties within boundaries ofthe safety perimeterbe presentfor this briefing. 10. The operator will file a FAA Form 7711-1, or its equivalent, as modified in light ofthe requested exemption, withthe appropriate Flight Standards District Office. 11. The operator will obtain the consent ofall persons involved in the flying area andensure that only consenting persons be allowed within 100 feet ofthe flight operation, and this radius may be reduced to 30 feet based upon an equivalent level of safety and determination. With the advanced permission oftheFSDO, operations atcloserrange can be approved. 12. The operator will submit a written Plan ofActivities to the FSDO three days before the proposedflights. 13. Pilot and observer will have beentrained in the operation ofUAS generally and received up-to-date information on the particularUAS. Observer and Pilot will at all times be able to communicate by voice ortext. 14. Written and/or oral permission from the relevant propertyholders will be obtained. 15. All required permissions and permits will be obtained from territorial, state, county, or cityjurisdictions, including local law enforcement, fire, or other appropriate government agencies. 16. If the sUAS losses communications or it losses its GPS signal, the UAS will have capabilityto return to a pre-determined locationwithinthe Security Perimeter and land. 17. The sUAS will have capability to abort flight in case of unpredictable obstacles or emergencies.

414 C.F.R. Part21, SubpartH: Airworthiness certificates 14 C.F.R. Section 91.203 (a) (1) SubpartH, entitled Airworthiness Certificates, establishes the proceduralrequirements for the issuance ofairworthiness certificates as required by FAR Section 91.203 (a) (1). Given the size and limited operating area associated with aircraftto be utilizedbythe Applicant, an exemption from Part 21 SubpartH meets the requirements ofan equivalent level ofsafety under Part 11 and Section 333 of the Reform Act both authorize the FAA to exempt aircraft from the requirement for an airworthiness certificate, upon consideration ofthe size, weight, speed, operational capability, proximity to airports and populated areas ofthe particularUAS. In all cases, an analysis ofthese criteria demonstrates that the UAS operated without an airworthiness certificate, in a restricted environment and under the conditions proposed will be at lease as safe, or safer, than conventional aircraft (fixed wing or rotorcraft) operatingwith an airworthiness certificatewithoutthe retractions and conditions proposed. The sUAS to be operated here under is less than 55 lbs. fully loaded, carries neither a pilot nor passenger, carries no explosive materials or flammable materials liquid fuels, and operates exclusively within a secured area as set out in manual. Unlike other civil aircraft, operations under this exemption will be tightly controlled and monitored by both the operator and, pursuant to the requirements, and in complianceto local public safety requirements, to provide security ofthe area of operation as is now done with conventional flag man. The FAA will have advance notice of all operations. These safety enhancements, which already apply to civil aircraft operated in connection to agricultural aerial applicators , provide a greater degree of safety to public and property owners than conventional operations conducted with airworthiness certificates issued under 14 C.P.R. Part 21, Subpart H. Lastly, application ofthese same criteria demonstrates that there is no credible threat to national security posed bythe UAS, due to its size, speed ofoperation, location ofoperation, lack ofexplosive materials orflammable liquid fuels, and inability to carry a substantial external load.
14 C.F.R. Section 45.23 (b). Marking ofthe aircraft The regulation requires: When marks include only the Roman capital letter ''N" and the registration ofthe number is displayed on limited, restricted or in a light-sport category aircraft or experimental or provisionally certified aircraft, the operator must also display onthe 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 spot," "experimental," or "provisional," as applicable.
Even though the UAS will have no airworthiness certificate, and exemptionmaybe needed as the UAS willhave no entrance to the cabin, cockpit orpilot station onwhichthe word "experimental" can be placed. Given the size ofthe sUAV, the two inch lettering will be impossible. The word "experimental" willbeplaced onthe fuselage incompliance with 

### §45.29 (f).

The equivalent level ofsafety will be provided byhaving the sUA V marked on it fuselage as required by §45.29 (f) where the pilot, observer and others working with the sUAV will see the identification ofthe sUA V as "Experimental." The FAA has issued the following exemptions to this regulation to exemptionsto this regulation to ExemptionsNos. 10700, 8738, 10167A.



### 514 C.F.R. § 61.113 (a) & (b): Private pilots Privileges and Limitations: Pilotin Command. Sections 61.113 (a) & (b) limit pilots to non-commercial operations. Because the UAS will not carry a pilot or passengers, the proposed operations can achieve the equivalent level ofsafety of current operations by requiring the PIC operating the aircraft to have a sport pilot's Certificate rather than have than a commercial pilots Certificate to operate this small UAS. Unlike a conventional aircraft that carries a pilot and passengers, the sUAS is remotely controlled with no living thing onboard. The area of operation is controlled and restricted, and all flights are planned and coordinated in advance as set forth by in the S.O.P. The level ofsafety providedbythe requirements included in the S.O.P exceeds that provided by a single individual holding a commercial pilot's certificate operating a conventional aircraft. The risks associated with the operation ofthe sUAS are so diminished from the level of risk associated with the operation of a commercial operations contemplated with Part 61 when drafted, that allowing operations ofthe sUAS as requested with a recreational pilot as the PIC exceeds the present level ofsafety achieved by 14 C.F.R. §61,113 (a) & (b).
14 C.F.R. §91.7 (a): Civil AircraftAirworthiness.
The regulation requires that no person may operate a civil aircraftunless it is in airworthiness condition. As there will be no airworthiness certificate issued for the aircraft, should this should this exemption be granted, no FAA regulatory standard will exist for determining airworthiness. Given the size ofthe aircraft and the requirements contained in the SOP for maintenance and use ofsafety checklists priorto each flight, and equivalent level ofsafetywill be provided.
14 C.F.R. § 91.9 (b) (2): Civil AircraftFlightManual in the Aircraft Section 91.9 (b) (2) provides:
No personmay operate a U.S.-registered civil aircraft

... (2) For which an Airplane or Rotorcraft Flight Manual is not required by §21.5 ofthis chapter, unless there is available in the aircraft a current approved airplane or Rotorcraft Flight Manual, approved manual material, markings, and placard, or any combinationthereof.
The sUAS, given its size and configuration has no ability or place to carry such a flight manual on the aircraft, not only because there is no pilot onboard, but because there is no room or capacityto carry such an item onthe aircraft. The equivalent level ofsafety will be maintained by keeping the flight manual at the ground control point where the pilot flying the sUAS will have access to it. The FAA has issued the following exemptions to this regulation: Exemption Nos. 8607, 8737, 8738, 9299, 9299A, 9565, 9565B, 10167, 10602, 32827, and 10700.
14 C.F.R. § 91.103: Preflight action This regulation requires each pilot in command to take certain actions before flight to insure the safety ofthe flight. As the FAA approved rotor craft flight manuals will not be provided as set forth in sections the SOP. The PIC will take all actions including reviewing weather, flight battery requirements, landing andtakeoffdistances and aircraftperformance databefore initiation offlight.

614 C.F.R. §91.109: Flightinstruction Section 91.103 provides that no person may operate a civil aircraft (except a manned free balloon) that is beingused for flight instruction unlessthat aircrafthas fully functioning dual controls. sUASs and remotely controlled aircraft, by there design do not have fully functioning dual controls. Flight control is accomplished though the use ofa control box that communicates with the aircraft via radio communications. The FAA has approved exemptions for flight training without fully functioning dual controls for a number of aircraft and for flight instruction in experimental aircraft. See exemptionNos.5778K & 9862A. The equivalentlevel ofsafetyprovidedbythatneither a pilotnorpassengers will be carried in the aircraft and bythe size and speed ofthe aircraft.
14 C.F.R. §91.119: Minimum safe altitudes Section 91.119 establishes safe altitudes for operations ofcivil aircraft. Section 91.119 (d) allows helicopters to be operated at less than the minimums prescribedprovided the person operating the helicopter complies with any route or altitudes prescribed for helicopters by the FAA. As exemption is for the sUAS that is a helicopter and the exemption requests authority to operate at altitudes ofup to 400 AGL rotorcraft and 1000 AGL for fixed-wing, or not more than 200 above an elevated platform such as radio towers, an exemption maybe neededto allow such operations. As set forth by herein, exceptfor the limited conditions stated inthe SOP, the UAS will never operatehigher than 400 AGL rotorcraft and 1000 AGL for fixed-wing. It will however be operated in a restricted area with a security perimeter, where buildings and people will not be exposed to operations without theirpre-obtained consent. The equivalent level ofsafety will be achieved given the size, weight, speed ofthe UAS as well as the location where it is operated. No flight will be taken without the permission ofthe property owner or local officials. Because of the advance notice to the property owner and participants in the activity, all affected individuals will be aware ofthe planned flight operations as setforth inthe SOP. Comparedto flight operations with aircraft orrotorcraft weighing more far more than the maximum 55lbs. proposed herein and the lack offlammable fuel, any risk ofassociated with these operations is far less than those presently presented with conventional aircraft operating at or below 500 AGL. In addition, the low-altitude operations ofthe sUAS will ensure separation between these smallUAS operations and the operations ofconventional aircraftthatmust comply with Section 91.119.
14 C.F.R. §91.121 Altimeter Settings This regulation requires each person operating an aircraft to maintain cruising altitude by reference to an altimeter that is set "

...to the elevation of the departure airport or an appropriate altimeter setting available before departure." As the sUAS may not have a barometric altimeter, but instead a GPS altitude read out, an exemption may be needed. An equivalent level ofsafety will be achieved bythe operator, pursuantto the Manual and Safety Check list, confmningthe altitude ofthe launch site shown onthe GPS altitude indicatorbefore flight.
14 C.F.R. §91.151(a): FuelRequirements forFlightinVFR Conditions Section 91.151 (a) prohibits and individual from beginning "aflight in an airplane under VFR conditions unless (considering wind and forecast weather conditions) there is enough fuel to fly to the



### 7

### first point ofintended landing, and assuming normal cruising speed- (1) During the day, to fly after that for at least 30 minutes; or (2) Atnight, to fly afterthatfor at least 45 minutes." The battery powering the sUAS provides approximately 40 minutes ofpowered flight. To meet the 30 minute reserve requirement in 14 CFR §91.151, sUAS flights would be limited to approximately 10 minutes in length. Given the limitations onthe UAS's proposed flight area and the location of its proposed operations within a predetermined area, a longer time frame for flight in daylight ornight VFRconditions is reasonable. Applicant believes that an exemption from 14 CFR (a) falls within the scope of prior exemptions. See Exemption 10673 (allowing Lockheed Martin Corporation to operate without compliance with FAR 91.151(a)). Operating the small UAS, in a tightly controlled area where only people and property owners orofficial representatives who have signed waivers will be allowed, with less than 30 minutes ofreserve fuel, does not engender the type ofrisk that Section 91.151(a) was intendedto alleviate given the size speed ofthe small UAS. Additionally, limiting sUAS flights to 10 minutes would greatlyreducethe utility for whichthe exemption will be granted. Applicantbelieves that an equivalent level ofsafety can be achieved by limiting flights to 30 minutes or 25% of battery power whichever happens first. This restriction would be more than adequateto returnthe sUAS to its planned landing zone from anywhere in its limited operating area. Similar exemptions have been granted to other operations, including Exemptions 2689F, 5745, 10673, and 10808.
14 C.F.R. §91.203 (a) and (b): Carrying Civil Aircraft Certification and Registration 

### Theregulationprovides in pertinentpart: (a) Except as provided in §91.715, no person may operate a civil aircraft unless it has within itthe following:

(1) Anappropriate and currentairworthiness certificate

... (b) No person may operate a civil aircraft unless the airworthiness certificate required by paragraph (a) ofthis section or a special flight authorization issued under §91.715 is displayed at the cockpit entrance so that it is legible to passengers or crew. The UAS fully loaded weighs no more than 55lbs and is operated without an onboard pilot. As such, there is no ability or place to carry certification and registration documents or displaythem onthe sUAS.
An equivalent level of safety will be achieved by keeping these documents at the ground control point where the pilot flying the sUAS will have immediate access to them, to the extentthey are applicable to the sUAS. The FAAhas issued numerous exemptions to this regulation. A representative sample of other exemptions includes Exemption Nos. 9565, 9665, 9789, 9789A, 9797, 9816A, 10700.
14 C.F.R. §91.405 (a); 407 (a) (2); 417 (a) & (b)



### 8These regulations require that an aircraft operator or owner "shall have that aircraft inspected as prescribed in subpart E of this part and shall between required inspections, except as provided in paragraph (c) ofthis section, have discrepancies repaired as prescribed in part 43 ofthis chapter.

..," and others shall inspect or maintain the aircraft in compliance with part43. Given that these section and Part 43 apply only to aircraft with an airworthiness certificate, these sections will not apply to the application. Maintenance will be accomplished by the operator pursuant to the flight manual and operating handbook as referenced in the Manual. An equivalent level ofsafety will be achieved becausethese small UASs are very limited in size and will carry a small payload and operate only in restricted areas for limited periods oftime. Ifmechanical issues arise the UAS can land immediately and will be operating from no higher than 400 feet AGL rotorcraft and 1000 AGL for fixedwing. As provided in the SOP, the operator will ensure that the UAS is in working order prior to initiating flight, perform required maintenance, and keep a log of any maintenance preformed. Moreover, the operator is the person most familiar with the aircraft and best suited to maintain the aircraft in an airworthy condition to provide the equivalent level of safety.
Pursuant to 14 C.F.R Part 11, the following summary is provided for publication in the Federal Register, should itbe determined thatpublication is needed: Applicant seeks an exemptionfrom the following rules: 14 C.P.R. §21, subpartH; 14 C.F.R45.23 (b); 14 C.P.R.§§ 61.113 (a) & (b); 91.7 (a); 91.9 (b) (2);91.103 (b); 91.109; 91.119;91.121;91.151 (a); 91.203 (a) and (b); 91.405 (a); 91.407 (a) (1); 91.409 (a) (2) and 91.417 (a) & (b) to operate commercially a small unmanned vehicle (55lbs orless) in the Agricultural 3dMapping Service Operations. Approval of exemptions allowing commercial operations of sUASs in the Agricultural 3d mapping/scanning and tower inspection industry will enhance safety by reducing risk. Conventional operations usingjet or piston aircraft, operate at extremely low altitudes just feet from the equipment and livestock and structures; and present the risks associated with vehicles that weigh in the neighborhood of3,000-5,000 lbs., carrying large amounts of jetA or other fuel in most cases helicopters operating with 140 gallon fuel tanks. The sUAS will carry no passengers or crew and, therefore, will not expose them to the risks associatedwith manned aircraftflights.
The operations of small UASs, weighing less then 55 lbs., conducted in the strict conditions outlined above, will provide an equivalent level ofsafety supporting the grant of the Part 21 and allowing commercial operations. These lightweight UA Vs operate at slow speeds, close to the ground and in sterile environment and, as a result, are far safer than conventional operations conducted with a piston and or turbine aircraft operating close to the ground.
PublicAcknowledgement/Privacy All Flights will occur only once the property owner has authorized operations to be conducted.



### 9

### Satisfaction ofthe criteriaprovided in Section 333 ofthe Reform Act of2012-size, weight, speed, operating capabilities, proximity to populated areas and or close proximity to airports and operations within visual line ofsight provides more then adequatejustification for the grant ofthe requested exemptions allowing commercial operation ofapplicant's UAS in the agricultural scanning services industry.
Sincerely,

ChristopherM. Taylor AgriViewAerial Solutions Inc



### 10