### Empire Ag Imagery LLC

Remote sensing solutions for a griculture

1 June 24 th , 2015

Department of Transportation

Docket Management System

1200 New Jersey Ave. SE

Washington, DC 20590

Re: 

### Exemption Request Section 333 of the FAA Reform Act

Dear Sir/Madam

,

This petition is being submitted on our own behalf without legal counsel or consulting services.

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

and 14 C.F.R. P art 11, Empire Ag Imagery (EAI), a New York based limited liability company

operating a Small Unmanned Aircraft System (sUAS) equipped to conduct aerial photography and

survey for various industries, hereby applies for an exemption from the Federal Aviation

Regulations (FARs) listed below to allow operation of our sUAS commercially in airspace

regulated by the Federal Aviation Administration (FAA) so long as such operations are conducted

with and under the conditions outlined herein or as may be established by the FAA as required by

Section 333. We are the New York dealer for Roboflight/AgPixel which has already been granted

a Section 333 Exemption (#11295) and we are making the same request.

The requested exemption would permit Empire Ag Imagery LLC to pursue its commercial interests

in providing services to consumers interested aerial data capture using a small advanced sUAS in

the following areas:

 Agricultural Surveying

 sUAS Operator Training

 Product Demonstrations

 Research and Development

 Aer ial Photography

EAI will conduct a majority of its sUAS operations over agricultural farmland in rural areas, outside

of controlled airspace. EAI states that all sUAS flights that will occur over private or controlled

access property will do so with the p roperty owner's prior consent and knowledge and that only

people who have consented or otherwise have agreed to be in the area where photography and

videography will take place will be captured.

Additionally, EAI pilots will hold at a minimum FAA P rivate Pilot Licenses with Class III Medical

Certificates

, and if observers are not qualified pilots, they will be trained by EAI pilots to

understand the proper roles of an observer, communication procedures, proper visual scan

techniques, operations at non

- tow ered airports, and appropriate sections of the Aeronautical

Information Manual.

### Empire Ag Imagery LLC

Remote sensing solutions for a griculture

2 Regulations from which the exemption is requested:

14 C.F.R. 45.23 (b)

14 C.F.R. 61.113(a) and (b)

14 C.F.R. 91.7 (a)

14 C.F.R. 91.9 (b) (2)

14 C.F.R. 91.109

14 C.F.R . 91.119

14 C.F.R. 91.121

14 C.F.R. 91.151(a)

14 C.F.R. 91.203 (a) & (b)

14 C.F.R. 91.205 (b)

14 C.F.R. 91.215

14 C.F.R. (91.401

- 91.417)

Unmanned Aircraft System

sUA S are a feasible method to obtain information of agricultural cropland to determine op timum

inputs that result in cost savings to f armers, yield security, and reduce environmental impact of

excess fertilizers and chemicals in the soil.

We are petitioning for exemption to enable EAI to operate a DJI Phantom 2 Vision Plus multi

- rotor

equipped with a three

- axis gimbaled camera, a DJI Inspire 1 multi

- rotor equipped with a three

- axis

gimbaled camera, a DJI S

- 900 multi

- rotor equipped with a three

- axis gimbaled camera, and a RF

70 fixed wing sUAS equipped with a fixed position multi

- spectra l camera . Th ese sUA S all weigh

less than 25 lbs, ha ve a built

- in capability to limit the height it flies above the ground, to limit the

radius of the distance it flies from the operator and to exclude it from Class B, C and D airspace

including a no fly z one feature. Each system also has the failsafe function of the autopilot system

, which means when the communication between the Main Controller and the transmitter is lost , the

system will automatically trigger Return to Home and will land safely.

### Empire Ag Imagery LLC

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3 The ab ove specifications meet standards listed below, some derived in accordance with the

Model Aircraft Operating Standards:

 The petitioner will only operate its sUAS in line of sight of a pilot and/or observer and

will operate at sites that are a 'sufficient distance' from populated areas within the sterile

area described in the operators manual . Such operations will insure that the sUAS will "not

create a hazard to users of the national airspace system or the public."

 When flying sUAV within 3 miles of an airport, airport operators will be notified and the

operator will give the right of way to avoid flying in the proximity of full

- scale aircraft.

 Maximum flight time for each operational flight will be 60 minutes.

 Fligh ts will be terminated at 25% battery power reserve should that occur prior to the 6 0

minute limit.

 The sUAV will be programmed so that it will not be operated at an altitude of no more than

6 00 feet AGL, and not more than 200 feet above an elevated platfor m from which filming

is planned.

 Minimum crew for each operation will consist of the sUAS Pilot and the Visual Observer

.

 The sUAS PIC's (Pilot in Command) will be an FAA licensed airman holding a FAA Private

Pilot Certificate and third Class FAA Medical Ce rtificate

.

 The sUAS operated by the petitioner weighs less than 55 pounds, including the payload

(i.e. camera, lens, and gimbal).

 The sUAS will oper ate at speeds of no more than 55 knots.

 Given the small size of the sUAS and the restricted sterile environm ent within which they

will operate, our sUAS operations adhere to the Reform Act's safety requirements.

Additionally, the fact that the EAI pilots hold FAA Pilot certificates demonstrates that they have a

high regard to safe operations with an understan ding of FARs, pre

- flight inspections, maintenance

and repair, operations within airspace, as well as being trained to high safety standards .

Under the requested exemption EAI ensures that all operators have completed a small unmanned

aircraft systems (UA S) education and training program including all applicable regulations and

guidance documents; including aeronautical background information such as charts, NOTAMS

and Aircraft Circulars; Radio Communications Procedures; Human Factors and Crew Resource

Man agement; Basic Small UAS Aerodynamics; Weather factors; Airmanship and Decision

- making

and Safe Operating Procedures.

We respectfully request exemption under Section 333 to enable EAI to operate safe, low

- risk

commercial sUAV operations for the activities stated

. EAI at all times will respect the space and

privacy of citizens and property whilst keeping our skies safe.

Sincerely

Bill Verbeten

Operations Manager

Empire Ag Imagery LLC

11 Exchange St.

Akron, NY 14001

608

- 369

- 3511

### Empire Ag Imagery LLC

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4 EXEMPTION REQUESTS AND EQUI V ALENT LEVEL OF SAFETY

The sUAS systems for which Empire Ag Imagery is requesting exemption from regulations are

the following:

1. DJI Phantom 2 Vision plus

2. DJI S

- 900

3. DJI Inspire

4. RF

- 70

Empire Ag Imagery requests an exemption from the following regulations as well as any

additional regulations that may technically apply to the operation of the sUAV System s :



### 14 CFR 45.23 Display of marks; general and 45.29 Size of marks.

These regulations provide that each aircraft must display "N" and the aircraft's registration number

in letters at least 3 inches high. The sUAV ’s do not have sufficient surface area to allow for 3 inch

registration number. We propose displaying each aircr afts registration information as large as

possible on each aircraft as well as in the aircraft logbooks at the ground station.



### 14 CFR 61.113 Private pilot privileges and limitations: Pilot in Command and 61.133

Commercial pilot privileges and limitations

. The regulation provides that no person that holds a Private Pilot certificate may act as pilot in

Command of an aircraft for compensation or hire. Subparagraph (b) allows a private pilot to act as

pilot in command of an aircraft in connection with any bu siness or employment if: (1) The flight is

only incidental to that business or employment; and (2) The aircraft does not carry passengers or

property for compensation or hire. Our proposed operations require that the PIC must hold at least

a Private Pilot Certificate issued by the FAA and since the aircraft cannot carry passengers or

property, we feel we meet the intent of 61.113 Subparagraph (b) even though the intent of this

application is to conduct a business.



### 14 CFR 91.7 Prohibits the Operation of an aircraft without an airworthiness certificate.

As no such certificate will be applicable in the form contemplated by the FARs, this Regulation is

inapplicable.



### 14 CFR 91.9 Civil aircraft flight manual, marking, and placard requirements.

This regulation pr ovides that no person may operate an aircraft unless a current, approved flight

manual is in the aircraft. We assume that the intent of this requirement is to ensure that flight

manual information is available to the aircrew while operating the aircraft. W e request an

exemption to this requirement since the aircraft is not only too small to carry documentation, the

d ocumentation would not be available to the crew during flight operations. To obtain an equivalent

level of safety and meet the intent of 91.9, we propose that a current, approved sUAS Flight

Manual must be available to the crew at the ground station anytime the aircraft is in, or preparing

for, flight.



### 14 CFR 91.109 Flight Instruction; Simulated instrument flight and certain flight tests

The regulation states that "No person may operate a civil aircraft that is being used for flight

instruction unless that aircraft has fully functioning dual controls." The sUAS System ground

- based

control station consists of a small hand

- held radio transmitter and while it does not offer a second

set of "controls", both the student and instructor can, and will, operate the single set of controls

simultaneously. With both student and instructor having "hands

- on" the controls during flight, we

feel that this tech nique meets the intent 91.109 and provides an equivalent level of safety.

### Empire Ag Imagery LLC

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5 14 CFR 91.119 Minimum safe altitudes: General.

The regulation states that over sparsely populated areas the aircraft cannot be operated closer

than 500 feet to any person, vessel, vehicle, or structure. Since the typical mission of the sUAS

would be photography or survey of persons, vessels, vehicles o r structures it would be necessary

to operate closer than 500 feet to the items listed. Operations will not be flown over people other

than those persons that are participating in the flight operation. Operations will only be flown over

property where perm ission has been obtained and careful pre

- planned has been performed. The

aircraft will be operated at a low altitude allowing, if a power unit fails, an emergency landing

without undue hazard to persons or property on the surface. Therefore we maintain tha t due to the

small size of the UAS, the hazard to persons, vehicles and structures is minimal compared to

manned aircraft, which should be considered in granting the exemption.



### 14 CFR 91.121 Altimeter settings

. The regulation requires that aircraft shall maintain cruising altitudes by reference to an altimeter

setting available within 100 NM of the aircraft. The sUAS will always fly below 6 00 feet AGL and will

not need to maintain cruising altitudes in order to prevent conflict with other aircraft. An Above

Ground Level altimeter measurement above the takeoff point is transmitted via radio from the sUAS

on

- boa r d computer to the display screen held by the PIC, providing a constantly updated AGL

readout.



### 14 CFR 91.151 Fuel requirements for flight in VFR conditions.

The regulation provides that no person may begin a flight in an airplane under day

- V FR conditions

unless there is enough fuel to fly to the first point of intended landing and to fly after that for at least

30 minutes. We feel the intention of this paragraph is to provide an energy reserve as a safety

buffer for delays to landing. The sUAS are battery operated and the maximum duration of flight from

a single battery charge is 12

- 45 (depending on which sUAS) minutes with a 20% reserve. Since the

aircraft will never fly more than 1/2 NM from the point of intended landing, a full battery charge at

launch will ensure that we meet the reserve energy requirement of this paragraph. We request an

exemption to the word "fuel" and ask for an equivalent interpretation with the word "energy". W e

also request exemption from the 30 min reserve and ask that our reserve will be to fly the mission to

the point of intended landing and have at least a 20% battery reserve after that.



### 14 CFR 91.203(a) & (b) Civil aircraft: Certifications required.

The regulation provides that an airworthiness certificate, with the registration number assigned to

the aircraft and a registration certificate must be aboard the aircraft. Additionally, subparagraph (b)

provides that the airworthiness certificate be "displaye d at the cabin or cockpit entrance so that it is

legible to passengers or crew." With our largest vehicle, the RF

- 70, at a maximum gross weight of

13 pounds, the sUAS is too small to carry documentation, does not have an entrance, and is not

capable of carrying passengers or crew. To obtain an equivalent level of safety and meet the intent

of 91.203, we propose that documents deemed appropriate for this aircraft by the FAA will be co

located with the crew at the ground control station and available for inspection upon request. In

order to identify the aircraft, we propose that the information found on registration certificates be

permanently affixed to the aircraft vi a placard containing this information to satisfy the requirement

of 14 CFR 45.23.

### Empire Ag Imagery LLC

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6 14 CFR Subpart E (91.401

- 91.417)

- Maintenance, Preventive Maintenance, Alterations

The regulation provides that the operator is primarily responsible for maintaining the aircraft in an

airworthy condition, including compliance with part 39 and 43. Paragraph s 91.407 and

91.409 require that the ai rc r aft be "approved for return to service by a person authorized under

43.7" after maintenance and inspection. It is our intention that the PIC perform maintenance and

inspection of the aircraft and "be authorized to approve the aircraft for return to service."

The PIC will ensure that the aircraft is in an airworthy condition prior to every flight and in addition

, conduct detailed inspections after every two hours of flight. Maintenance performed by the PIC is

limited to repairing small cracks, replacing a propeller, checking electrical connections and

updating software and firmware for the on

- board computer. All other maintenance will be

performed by the manufacturer or their designated repair facility. The PIC will d ocument work

performed in accordance with 91.417. We feel that due to the size, construction, and simplicity of

the aircraft, the PIC can ensure an equivalent level of safety.

How Empire Ag Imagery LLC ’s Request Will Benefit the Public As A Whole:

This request, if granted, will benefit the public as a whole by allowing Empire Ag Imagery to

conduct agricultural mapping flights to reduce grower inputs of plant treatments as well as assist in

higher production of crop yields. This in turn will benefit the agricultural industry and environment

by reducing the negative impacts of potentially hazardous fertilizer and chemical contamination to

the ground water supply. This will also result in increased food production to help supply food to

people throughout th e world.

Reasons Why Empire Ag Imagery LLC’s Exemption Will Not Adversely Affect Safety Or How

The Exemption Will Provide a Level of Safety At Least Equal To Existing Rule:

Empire Ag Imagery LLC will follow the robust sUAS operating procedures establishe d by

RoboFlight Systems to ensure the maximum level of safety in conducting sUAS operations. Empire

Ag Imagery will participate in RoboFlight Systems’ establish ed, comprehensive sUAS training

curriculum to ensure an adequate level of proficiency to all Emp ire Ag Imagery LLC sUAS

operators. All Empire Ag Imagery LLC sUAS operators are required to have a minimum of a FAA

Private Pilot Certificate to ensure adequate knowledge of all applicable FAA rules and regulations.

The vast majority of Empire Ag Imagery LLC’s sUAS operations will be conducted at under 500

feet AGL over rural agricultural land, thus reducing the risk of harm to persons or property and

outside of dense air traffic operations.