1

SPH

- 2 134068

- 1 UASolutions Group, Inc. 2518 Auburn Drive, Cocoa FL 32926 Tel: (321) 261

- 2547

Kelly n eubecker@uasolutionsgroup.com

March 1 7 , 2015

U. S. Department of Transportation

Docket Operations 1200 New Jersey Ave., SE Washington, DC 20590

Re : Petition for an Exemption to Conduct Small Unmanned Aircraft Systems (s SUAS ) Operations Allowed by Section 333 of the Federal Aviation Administration Modernization and Reform Act of 2012 , 49 U.S.C. § 44701(f), and 14 C.F.R. Part 11

A. Summary
On behalf of our clients, Farm Crisp Holdings, Inc. and p ursuant to Section 333 of the
Federal Aviation Administration (FAA) Modernization and Reform Act of 2012 (“FMRA”)

, Subs ec ti on ( f

) of 49 U

. S

. C

. § 44701

, and 14 C.F.R. Part 11

, Farm Crisp Holdings, Inc. ( “ Farm
Crisp ”) ( hereafter known as the “Petitioner”)

, an operator of Small Unmanned Aircraft Systems
(“sUAS”) equipped to conduct aerial imaging, seeks exemption from the following listed Code of
Federal Regulations (“CFR”) to allow commercial operation of the DJI Spreading Wings S900
(“S900”) within the N ational A irspace System (NAS) for controlled, low

- risk

, precision
agriculture operations, conducted within and under the conditions outlined herein

, or as may be
established by the F AA, as required by Section 333 requirements

. As described more fully below, the requested exemption would permit the operation of

the S900 s UAS by Petitioner under controlled conditions in pre determined airspace that is
1) Limited in scope 2 ) Controlled as to access by mission essential personnel only and

3 ) Provides improved safety controls and efficiency to the agricultural industry presently using

conventional aircraft. Approval of this exemption would thereby enhance safety and fulfill the2

Secretary of Transportation’s (the FAA Administrator’s) responsibilities to “...establish
requirements for the safe operation of such aircraft systems in the national airspace system” as

stated within Se ction 333(c) of the FMRA. In making this determination, the Secretary is
required to determine which types of s UAS do no t create a hazard to users of t h e NAS or the
public or pose a threat to national security in light of the aircraft’s size, weight, speed and
operational capability; Operation of the s UAS in close proximity to airports and population
centers; Operation of a s UAS within visual line of sight of the operator.

Grant of t h e requested exemption is in the public interest based upon the concise
direction expressed within section 333 of the reform act; the added authority granted by the Act,
as amended; an equivalent level of safety regarding flight operations as expressed herein, and
significant co st savings achieved by transitioning from traditional manned aerial resources to

s UAS s. The petitioner respectfully requests that the FAA grant the requested exemption without
delay. Petitioner will operate the S900 sUAS while keeping the documents require d by the
regulations at the ground control station and immediately accessible to the P ilot i n C ommand
(PIC) and by modification of the required markings (registration n umber) of the s UAS to be
displayed on the fuselage of the unmanned aircraft.

The name and address of the Petitioner is:

Farm Crisp Holdings, Inc.

The primary contacts for this petition, with a copy to me at the address above are:

Sean Kish, CEO Ph: 703

- 304

- 1771 Email: sean@farmcrisp.com Tom Lang, CTO / C OO Ph: 719

- 942

- 3657 Email: tom@farmcrisp.com Address: 900 Parish St., 4th Floor, Pittsburgh, PA 15220

B. Regulations

– Exemptions Requested

a. 14 C.F.R. 45.27(a), b. 14 C.F.R

. 61.113(a) and (b),

c. 14 C.F.R

. 91.7(a), d. 1 4 C.F.R

. 91.105,

e. 14 C.F.R

. 91.119 (c) f. 14 C.F.R. 91.121,

g. 14 C.F.R

. 91.151(b), h. 14 C.F.R

. 91.405(a), i. 14 C.F.R

. 9 1.407(a)(1),3

j. 14 C.F.R. 91.409(a)(1) and ( 2 ), and k. 14 C.F.R. 91.417(a) and (b).

C

. Corporate Background
Farm Crisp is an imag ing service company, with the operational infrastructure to provide
imagery for various agricultural markets in different geographies in a safe, convenient, and legal

manner.

Farm Crisp’s sUAS for specific summer farm ing commitments is the S900

, w eighing
approximately 3.3kg ( 7.3lbs) with a maximum takeoff weight of about 8.2kg (18.1lbs), including
payload, and under normal conditions at a maximum speed of no more than 16 m/s (31knots)

. Farm Crisp w ill operate only in visual line of sight (VLOS) and will operate only within the

s terile geographic areas as defined by the subsequent FAA approved Certificate of Waiver or

Authorization (COA)

. Such operations will insure that the s UAS will “not create a hazard to
users of the national airspace system or the “public” as stated in Section 333 of the FMRA.

D. Airworthiness
A critical element of consideration for grant of the petition is evidence of an equivalent
level of safety for airworthiness of the s UAS

. The FAA has been authorized to exempt aircraft
from the requirement for an actual airworthiness certificate in accordance with the statutory
criteria provided in Section 333 of PL 112

- 95 in refe rence to 49 USC 44704, in consideration of
the size, weight, speed, and limited operating area associated with the aircraft and its operation.

However, Petitioner believes it has achieved compliance with various requirements

, including
specifics contained within FAA Order 8130.34 series that ensures the safety of operation s. In support of these characteristics, along with the published S900 User’s Manual, A2
Flight Control System User Manual, and Ground Station Wireless Data

- link User manual, Farm
Crisp submits the following additional documents and manuals as attachments to this exemption

request
, to provide the details for review by the FAA . The following are a set of Confidential
Documents under 14 CFR 11.35(b) as each document and manual contains proprietary
information that the applicant has not and will not share with others. The documents and
manuals contain specifications, operating conditions and procedures, mai ntenance procedures
and a safety management program that are not available to the public and are protected from
release under the Freedom of Information Act 5 USC 552 et.seq.

• Farm Crisp Flight Operations and Procedures Manual (FOPM)

• Farm Crisp Safety M anagement Systems Manual (SMS)4 • Farm Crisp Maintenance Manual (MM)

• Farm Crisp Aircrew Training Program (ATP)

E

. DJI S900 Summary

Petitioner seeks an exemption to operate the S900 for limited approved com mercial

pu rposes within the NAS 1

. The S900 is a multi

- rotor sUAS aircraft built with a carbon

airframe and a transportable ground station

. Farm Crisp will utilize the DJI PC Ground
Control Station software operating within the 900MHz

- 2.4GHz unlicensed frequency

bandwidth. The S900 has an empty weight of 3.3 kg (7.3lb) with a maximum payload weight

of 4.9 kg ( 1 0

. 8 l b ), making the maximum takeoff weight 8.2 kg (1 8

. 1 l b )

. The S900 carr ies

6

- Cell Lithium Polymer batteries, ranging between 10,000

- 20,000 mAh

, which facilitates up

to 1 5

- 18 minutes of flight tim e

. The S9 00 will be equipped with the DJI A2 multi

- rotor
autopilot which provides a maximum cruise speed of 1 6 m/s ( 31 kts). The DJI autopilots

feature auto

- takeoff and landing, auto go home and landing, GPS waypoint navigation,
direction lock, and GIS mapping. Specifications for the S900 platform include:

• Diameter: 900 mm (2.95ft)

• Maximum Weight:8

. 2 kg (18.1 lb)

• Number of Motors: 6

• Power of Mot ors: 500 W

• Maximum Cruise Speed: 1 6 m/s ( 31 kts)

• Maximum Climb Rate: 6 m/s (

- 1200 fpm)

• Maximum Wind Speed: 8 m/s (15.6 kts)

F. Regulatory Basis for Petition

Petitioner

, pursuant to 14 C.F.R. § § 11. 6 1 (b), 11.81, 2 and the FAA Modernization and

Reform Act of 2012 ( “ FMRA ” ) , Section 333, Special Rules for Certain Unmanned Aircraft
Systems ( “ Section 333 ” ) , hereby respectfully petitions the Administrator for an exemption from

the requirements of 14 C.F.R. §§ , 45.27(a), 61.113(a) and (b), 91.7(a), 91.105, 91.119(c), 91.121

, 91.151 (b)

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

.

1 Farm Crisp will submit Aircraft Registration Applications as required, upon the grant of the exemptions sought by this petition.

2 14 C.F.R. § 11. 6 1 (b) (“ Using a petition for exemption, you may ask FAA to grant you relief from current regulations in 14 C.F.R.”) , 14 C.F.R. § 11.81 (“ What information must I include in my petition for an exemption ”) ?5

1. Section 333
Congress identifies Section 333 of the FMRA, as a pathway for “ expedited operational

authorization ” of certain sUAS in the NAS

. Section 33 3 (b)(1) ( “ expedited operational

authorization. ” )

. 3 Under Section 333 Congress mandates that the FAA “ shall determine if certain
unmanned aircraft systems may operate safely in the national airspace system before completion

of the plan and rulemaking required by S ection 332 of this Act or the guidance required by

section 334 of this Act ” ( Section 33 3(a) ) upon consider ation of its “ size, weight, speed, operational
capability, proximity to airports and populated areas, and operation within visual line of sig ht

. ”

Section 333(b) (1 ). I f the FAA makes such a determination, the FAA “ shall [also] establish
requirements for the safe operation

. ” Section 33 3(c)

. T he FAA further may find that the sUAS does
not require “ airworthiness certification under section 44704 of title 49, United States Code

. ” Section
333(b) (2)

. 2. 49 U.S.C. § 44701

T he FAA is further authorized to grant exemptions from its safety regulations and

minimum standards under 49 U.S.C. § 44701 ( “ Section 44701 ” ) “ if the Administrator finds
the exemption is in the public interest. ” Section 44701(f) 4 (authorizing the grant of
exemptions from safety regulations and minimum standards under S ection 44701(a) and (b) and

S ections 44702

- 44716). 5

For the reasons addressed herein

, this Petition q ualifies for expedited approval of

Petitioner ’s request for exemption under both Section 333 of the FMRA and 49 U.S.C § 44701

.

G. S900 Statutory Criteria for Exemption under Section 333

G iven its small size, light weight, slow speed, limited load capacity, superior
operational capabilities

, and that the operations will be conducted only during the day, under
visual meteorological conditions ( “ VMC ” ), within Visual Line of Sight (“ VLOS ”) of the PIC, with

3 See also www.faa.gov/ sUAS /legislative_programs/section_333/ (noting that Section 333 grants the FAA “the statutory flexibility to expedite requirements for the safe operation of certain aircraft systems in the NAS.”).

4 U n d er 4 9 U

. S

. C

. § 4 47 0 1( f )

, t h e “ A d m i n i s t r at o r m a y g r a n t an e x e m p ti o n f r o m a r e q u i r e m e n t

o f a r e g u lati o n pr e s c r i b ed un d er su b s ecti o n ( a ) o r ( b ) o f t h is s ecti o n o r a n y o f s ecti o n s 44702

- 447 1 6 o f [ T i t le 49 ] if t h e A d m i n i s t r at o r f i n d s t h e e x e m p ti o n is i n t h e p u b lic i n te r e s t

. ”

5 See e.g. 49 US C §44711 ( a )(1) prohibiting operations without airworthiness certificate; (2) prohibiting serving as airman without airman’s certificate; (5) prohibiting commercial operations in violation of regulations) ; 49 US C §44 7 04 (issuance of airworthiness certificate); 14 C.F.R. §91

. 203 ( a ) ( 1 ) (carry airworthiness certificate)).6

the assistance of a visual safety observer ( “ VO ” )

, and confined within the boundaries of a
consenting landowner’s property and not in the proximity of airports or populated areas , the

S900 is the very category of sUAS that qualifies for expedited approval under Section 333

.

1. Operational Capability

T he S900 was specially designed for low altitude surveillance, photography, and sensor

management. Supported by electric batteries that are rechargeable , the S900 can fly from 15

- 18

minutes (*depending upon atmospheric conditions) and carry a variety of cameras or sensors

. Other Operational metrics of the S900 are as follows:

F ra m e
D i ag o na l Wh ee l ba se 9 0 0 mm
F ra m e A r m L en g t h 3 58 m m

F ra m e A r m We i g h t 3 16g ( w i t h M o t o r , E S C, P r o pe ll e r )

Ce nt e r Fr a m e D i a m ete r 27 2 m m
Ce nt e r F ra m e We i g h t ( w i t h Land i n g Gea r 118 5 g M o unt i n g Ba se , S e r v o s )

L a nd i n g G ea r S i ze 46 0m m ( Len g th) ×4 5 0m m (W i dth) ×3 6 0 mm ( H ei g ht )

M o t or

S t a t or Si ze 41 × 1 4 m m

k V 4 0 0 r p m / V

M a x Pow e r 5 0 0 W

We i g h t ( w i t h C o ol i n g Fa n ) 1 5 8 g
ESC

Wor k i n g Cu rre n t 4 0 A

Wor k i n g Vol ta g e 6S L i Po

S i g na l Fr e q uen cy 3 0 H z ~ 4 5 0 H z

Dri v e PW M Fr e q uen cy 8 K Hz

We i g h t (w i t h R a d i at o r s) 3 5g

Fol dab le P r o pe ll e r (1 5 52/1 5 52 R )

M ater i a l H i g h s tren g t h per fo r m an ce en gi neere d p l a s t i cs

S i z e 1 5 ×5.2 i n ch

We i g h t 1 3 g

Fl i g h t P a r a m e t e r s

T a keoff We i g h t 4

. 7 K g ~ 8

. 2 K g

To ta l We i g h t 3 .3 Kg7

Po we r Ba t t e r y L i Po ( 6 S

, 1 000 0 m A h

~ 1 5 00 0 m A h

, 1 5 C ( M i n ) )

M a x Pow e r C o n s u m pt i on 3 0 0 0 W

Ho v er i n g P o w e r C o n s u m pti on 1 0 0 0 W ( @ 6

. 8 K g T a keoff We i g ht )

Ho v er i n g T i m e 1 8 mi n ( @ 1 2 0 0 0 m A h & 6 .8 K g T a keoff W e ig ht )

Wor k i n g E n v i r o n m en t T e mp e rat u r e - 1 0 ° C

~ 4 0 ° C

2. Proximity to Airports/Populat ion Centers or A reas

F light o pe r a t i ons pursuant to t h i s Petition w i l l be t i g h t l y con t r o ll ed and restricted to

low risk rural areas within C lass G airspace at an altitude of no more than 400 feet above ground
level ( “ AGL ” )

. All altitudes reported to ATC will be in AGL when required. Any operations
conducted within 5 nautical miles (NM) of the geographic center of a non

- towered airport will

obtain a Letter of Agreement with the appropriate airport management and made available to
FAA upon request. In addition, a ccess to any property will be limited to persons associated with
and necessary to flight operations.

3. Visual Line

- of

- Sight

The minimum crew for each operation will consist of a PIC and VO . The VO will be
used as an additional mitigation to satisfy the VLOS requirement, but the PIC will always

maintain VLOS with the s SUAS

. T he S900 will at all times be flown by Petitioner only in the
daytime (not at night) under VMC

, within VLOS of the PIC

, with the further assistance of the

VO with whom the PIC will have the ability for direct and continuous two

- way verbal

communication s 6 so as to ensure that the flight operations remain w i t h i n the PIC’s VLOS and
prescribed flight boundaries and de

- conflict with objects in the air and on the ground. Thus

, pursuant to the FAA Order 8900.1 Volume 16, Chapter 1, Section 3, the proposed operations

will provide an approved method of control and collision avoidance to satisfy the “ see and

avoid ” requirement of 14 C

. F

. R

. § 91.113 : Only qualified and current PIC’s and VOs , as provided in the FOPM will be used

.

4

. Other Factors

6 [ PIC and VO are within speaking distance and all communications between PIC and VO will be without communications equipment ]8 a. S900 S afety Systems

Petitioner proposes that requirements should take into account the characteristics of th is
particular s UAS

. The S900 is characterized by a high degree of pre

- programmed control,

various built

- in technical capabilities that limit the potent ial for operation outside of the
operating conditions as set forth below, and many built

- in functional, safety and redundancy

features to ensure a safe and reliable operation. At a minimum: geo

- fencing at a maximum
ceiling of 400' AGL, flight programming capabilities, a flight termination link available to the
operator to prevent a "fly away," and safe abort procedures. If the S900 loses communications or
its GPS signal, it will return to a pre

- determined location and land or be recovered in accordance

wit h the FOPM. The S900 will have markings identifying the serial number and identification
(N

- number) markings as large as practicable. Further, Farm Crisp operation s will comply with
all manufacturer Safety Bulletins. As previously stated, Farm Crisp will incorporate the

associated DJI A2 F light C ontrol S ystem into the S 900.
The A2 is capable of controlling various multi

- rotor platforms and offers high accuracy
performance through a unique damping design and calibration algorithm. The high performanc e of the A2 guarantees stable flight in the presence of high vibration and winds. The A2 F light

C ontrol S ystem includes the controller unit with a built

- in receiver, a power management unit, an
inertial measurement unit, a Bluetooth unit, and a GPS & Compa ss. Detailed descriptions of each
subsystem can be seen below.

Controller Unit:

• Output signals for up to eight electronic speed controllers (ESCs)

• Built

- in receiver based on DJI DESST technology, which is compatible

with Futaba FASST and DJI DESST t ransmitters

o Two available ports for connecting Spektrum or JR DSM2 satellite

receivers.

• Two CAN

- Bus ports

o Sensors

o Power Management

• Four independent and configurable output channels

Power Management Unit:9 • Provides dual Battery Elimi nator Circuits (BECs)

o PW port provides power to the whole flight control system with

current no more than 2A

o PX port provides 3A at 5V and V

- SEV signal

• Two CAN

- Bus ports for connecting peripheral devices

Inertial Measurement Unit:

• High quality components, with build in damper, precisely calibrated
with temperature compensation in all gyros and sensors

• Built

- in pressure sensor for altitude determination

Blue Tooth Unit :

• Connects to ground station for real

- time parameter configuration, flight
monitoring, and waypoint navigation

GPS & Compass

• Dete rm ines aircraft in ertial position

• Measures geomagnetic field for correcting heading estimations

b

. Safety Management System
A Safety Management System (SMS) will regulate Petitioner ’s operation of the S900

and will significantly contribute to maintaining the level of safety contemplated by the

airworthiness certificate requirements from which Petitioner now seeks relief.

Pursuant to the S MS and 14 C.F.R. § 43.13, entitled Performance Rules (general)

, each

person performing maintenance, alteration, or preventive maintenance on the S900 , motor,
propeller, or appliance shall use the methods, techniques, and practices prescribed in the

current manufacturer's User’s Manual or Instructions for Continued Airworthiness prepared by

its manufacturer, or other methods, techniques, and practices acceptable to the Administrator.

Each person shall use the tools and e quipment necessary to assure completion of the work in

accordance with accepted industry practices.

c. Flight Operation L imitations and Safety
To ensure consistent safety operations, Petitioner has developed a detailed F light

O peration s and Procedures Manual ( FO P M ) based upon procedures , notices and guidance the
FAA has provided to obtain exemption under Section 333

, ( submitted on a proprietary and

confidential basis to the FAA ).10

In seeking this exemption, Petitioner proposes to operate the S900 pursuant to the
following specific operating limitations :

1. Flight operations are permitted in Class G Airspace.

2. The S900 shall only be operated at or below 400 ft AGL

. 3. The S900 shall be operated within VLOS of the PIC and safety VO.

4. The S900 shall be operated pursuant to Day Visual Flight Rules (VFR) in visual
meteorological conditions (VMC). The S900 shall be operated only during
daylight hours ( i.e. between the end of morning civil twilight and the beginning of
evening civil twilight, as published in the American Air Almanac, converted to

local time).

5. The S900 shall operate from on

- site takeoff/landing locations directly next to the

PIC and co

- located VO. The PIC and the VO shall be able to verbally
communicate during all operations.

6. Operations shall be conducted by certificated airmen who possess a minimum

of a Private Pilot’s Certificate and a valid t hird c lass m edical c ertificate , as

well as completed training, checking, currency, and recency of experience

. 7. The PIC requirements will include the following:

a. FAA licensed airman must possess a minimum of a Private Pilot’s C ertificate and a valid third class medical certificate.
b. T he PIC shall have accumulated and logged (in a manner consistent with 14 C.F.R. § 61.51(b)) a minimum of 50 flight cycles and 12 hours of total time as

a sUAS rotorcraft pilot and at least ten hours as a sUAS pilot with a similar sUAS type ( single or multi

- rotor ), such log of which shall be made available to the a dministrato

r upon request.

c. T he PIC shall have accumulated and logged (in a manner consistent with 14 C.F.R. § 61.51(b)) a minimum of five flight hours as a sUAS pilot operating the make and model of sUAS to be used for operations under the exemption (e.g. S900 ) and three take

- offs and three landings in the preceding 90 days, such log of which shall be made available to the Administrator upon request.
d

. Have successfully completed the qualification process as specified in the FOPM to include a knowl edge and skill test in accordance with the Aircrew Training Manual

.

e. Meet flight review requirements as specified in 14 CFR §61.56 in an aircraft in which the PIC is rated on their pilot certificate.

8. The PIC and VO will have been trained in the operation of s UAS generally a nd
received up

- to

- date information on S900 operations.

9. The VO will hold at least a third class medical and will have training to11 communicate to the PIC any instructions necessary for safe operations.

10. If a pilot certificate holder other than the PIC, who possesses the necessary PI C
qualifications, is also present during flight operations, that person can also be
designated as PIC and will follow the procedures as defined within the FO P M to

assume control.

11. A briefing will be conducted in regard to the planned o perations prior to each
flight as detailed within the FOPM

. It will be mandatory that all personnel who
are performing duties within the boundaries of the flight operations safety
perimeter be present for the briefing.

12. The S900 will only operate within a confined geographic area as defined in the
subsequent FAA approved COA.

13. At least three (3) days before scheduled operations, operator shall submit a written

Plan of Activities to t he local Flight Standards District Office (FSDO) with
jurisdiction over the area of proposed operations, such submission of which may
be waived with the concurrence of the FSDO. If required by the FSDO to be

submitted, the Plan of Activities shall include : dates and times for all flights;
operator’s and on

- scene flight operator’s name and phone number; s UAS make,

model and serial or N

- number; PIC’s name and certificate number; statement that
the operator has obtained permission from property owners and/or local officials to
conduct the operations (such list of those who gave permission to be made

available u pon request); description of the planned flight activity, including, as
applicable, maps or diagrams of the area, city, town, county and/or state over
which the operation will be conducted, and the altitudes essential to accomplish
the operation; signature of the exemption holder or representative.

14. Petitioner will obtain an Air Traffic Organization (ATO) issued C OA prior to
conducting any actual flight operations.

15. Petitioner will file a NOTAM for each flight no more than 72 hours but no less

than 48 hours prior to each flight with the appropriate FSDO.

16. Any operations that will be conducted within 5 nautical miles (NM) of the
geographic center of a non

- towered airport will obtain a Letter of Agreement
with the appropriate airport management and made availabl e to FAA upon

request.12

17. Prior to flight operations, Petitioner shall coordinate 1 hour ahead of the proposed
flight a communication with the nearest local Air Traffic Control facility
indicating location, altitude and duration of the proposed flight.

18. All required permissions and permits will be obtained from territorial, state,
county or city jurisdictions, including local law enforcement, fire, or other
appropriate governmental agencies at least 12 hours in advance of any flight
operation

. 19. The S900 shall be marked with an identification (N

- Number) in accordance with
14 C.F.R. § 45.23, such markings to be as large as practicable pursuant to 14
C.F.R. § 45.29(f), and identified by a serial number registered in accordance with

14 C.F.R. Part 47.

20. All fl ights will remain clear and yield the right of way to all other manned
operations and activities at all times, including, but not limited to: ultralight
vehicles, parachute activities, parasailing activities, hang gliders, etc.

21. Flights will not be operated less than 500 feet below or less than 2,000 feet
horizontally from a cloud or when visibility is less than 3 statute miles from the

PIC.

22. For the proposed flight operation, only one S900 shall be airborne at any given

time.

23. The S900 shall only be operated at or below an airspeed of 1 6 Meters Per

Second ( 31 kts).

24. Prior to performing any flight operations, the PIC and VO shall have
successfully completed a qualifying process, as provided in the F O PM.

25. Any time the S900 is operating, all documents required under 14 C.F.R. § 91.9

and § 91.203 shall be available to the PIC at the GCS. Such documents shall be
made available to the Administrator or any law enforcement official upon

request.

26. The S900 shall not be operated d irectly over any person, except authorized and
consenting personnel required for f light/ imaging operations,

27. Prior to performing any flight operations, a pre

- flight checklist will be used by a
qualified PIC a s provided in the FOPM. Documentation of such pre

- flight

check shall be made in the aircraft records and such records shall be made13 available to the Administrator upon request.

28. The radio frequency spectrum used for operation and control of the S900 shall
comply with the requirements of S900 manuals an d the FOPM. T he S900 s hall at

all time s be operated to ensure a safe distance away from all participating and non

participating personnel , at least 500 feet away from persons not involved in the
flight operations (non

- participating persons). This distance may be reduced to no
less than 200 feet if it would not adversely affect safety and such person provides
his/her prior consent.

29. Other than for takeoff and landing, the S900 shall be operated at least 100 feet
away from persons involved in the fli ght operations (participating persons) , such
participating persons shall at all times be essential to the flight operations and
have provided prior written consent to their participation in such operations.

30. The flight will be terminated at 20% battery power reserve or 3 minutes, whichever

occurs first.

31. Prior to each flight

, the PIC shall inspect the S900

, including any inoperable
components, items or equipment, to ensure it i s in a n airworthy condition for
safe flight. If the inspection reveals a condition that affects flight readiness or

safe operations, the S900 shall not be operated until the necessary maintenance
has been performed and it is found to be in a condition for safe flight. An y discrepancies and all maintenance or alterations shall be doc umented in the
aircraft records, such records to be made available to the Administrator upon

request.

32. Except as may be designated otherwise for Fail

- Safe operations, t he S900 shall

take off and land at a location within the boundaries of the subject property next to

the PIC.

33. Upon loss of communication or GPS signal, the S900 shall return to a
predetermined location within the boundaries of the landowner’s property and

land or be recovered in accordance with the Operator’s Manuals.

34. In the event of an emer gency or unanticipated obstacle to planned operations,
the operation shall be aborted and the S900

, if airborne, shall return to a
predetermined location.

35. The S900 shall be maintained in accordance with the manufacturer’s14 recommended practices and in accordance with the Farm Crisp Maintenance

Manual , including any amendments or updates thereto. All amendments or
updates shall be tracked and a record of such amendments or updates shall be
maintained and made available to the Administrator upon request.

36. All maintenance to be performe d on the S900 shall be performed by a qualified

technician

. 37. Farm Crisp will follow the manufacturer’s aircraft/component, maintenance,
overhaul, replacement, inspection and life limit requirements

. 38. Any incident, accident or flight operation that transgresses the lateral or vertical
boundaries of the operational area as defined by the applicable COA shall be
reported to the FAA’s UAS Integration Office within 24 hours. Accidents shall
also be reporte d to the National Transportation Safety Board (NTSB). Further
flight operations shall not be conducted until the incident, accident or
transgression is reviewed by the UAS Integration Office and authorization to
resume operations is provided.

d

. Privacy

Petitioner will comply with all federal, state, and/or local privacy regulations that may
apply in the areas in which Petitioner will operate the S900 pursuant to this Petition. Further,

Petitioner ’s policy is to avoid operations that might invad e personal privacy in accordance

with Petitioner ’s privacy policy available to the administrator upon request

.

e

. Physical Security

In order to ensure its safe and proper us e , Petitioner will be the only operator of the S900

and the S900 will at all times remain in Petitioner ’s custody

. 5

. . Lack of Threat to the NAS, Public, or National Security
For the reasons previously addressed, in cluding meeting Section 333( b)(1) criteria,

Petitioner ’s established record of safety and the small size of the s UAS involved and the

controlled sterile area within which they will operate, Petitioner 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 s UAS s to commence immediately. Petitioner will
operate the S900 in accordance with the aforementioned flight limitations without creating a

hazard to other aircraft or persons or property on the ground . T he fact that each PIC will be
required to be screened by the Department of Homeland Security, approval of the petition presents no15

threat to national security

. Further, given its small size and limit load capacity, the S900 s UAS is
incapable of carrying any substantial external load, including e x p l os i v e m a t e r i a l s or f l a mm ab l e

li q u i ds.

For all of these reasons, Petitioner ’s proposed operations using the S900 qualify for expedited
approval of the sought exemption pursuant to Section 333 for the specified uses and under the
proposed operating requirements and restrictions.

H

. Public Interest Benefits
Granting Petitioner ’s request for exemption would benefit the public and have no adverse effect
on safety for the following reasons

.

1. Public Interest Generally


### The grant of the requested exemption is in the public interest based on the clear

direction in Section 333 and 49 U.S.C. § 44701(f), the equivalent and enhanced level of
safety of the proposed operations, the significant public benefit, and cost savings to be

realized as a result of the use of sUAS for precision agricultural aerial imaging and
survey services. Moreover, the FAA has granted similar exemptions for sUAS used to
conduct high resolution aerial imaging and surveying operations. 7 The S900 is a battery
powered s UAS that serves as a safe r , more efficient, and economical alternative to larger and

heavier manned aircraft carrying flammable liquid fuels

, traditionally use for precision agricultural

aerial surveying

. This will provide for a n added superior level of safety to persons and property
in the air and on the ground than that provided by manned aircraft performing the same
operations. No p ilot or cre w need be airborne and g ranting the exemption would also decrease

the number of manned aircraft in the NAS and, as a result, reduce congestion as well as the
environmental impact of such operations

. Using the S900 also provides the benefit of greater
operational flexibility and reduced cost when compared to manned aircraft.

a

. Increased Aircrew Safety and Reduced Risk to P ersons/ Property On G round

Because the S900 is unmanned, the proposed operations eliminate the risk to pilot and crew
associated with flying such aerial

- surveying missions in confined airspace at low altitude

. Further,

g iven its small size and weight and low air speed

, using the S900 also reduces the risk of damage or

7 S ee E x e m

p ti o n N o s

. 11109

, 1 1110

, 11114, 1 1 136

, 1 1 166

, 1 1 167

, 1 1170

, 1 1 172 , 11177, 11185 11192, 11193,11195

. F arm Crisp Holdings, Inc. r e q u e s ts t h at t h e F AA n ot r e q u e s t p u b lic

c o mm e n t o n i t s a pp licati o n b eca us e it w o u ld n o t s et a pr ece d e n t a n d b eca u s e t h e r elief r e q u e s ted is i d e n tic a l to e x e m p ti o n s g r a n ted pr e v i o us l y

. 1 4 C

. F

. R

. § 11.87.16

injury to persons or property on the ground , and in the air, were there to be a n unforeseen mishap

. b

. Reduced Environmental Impact

U sing the S900 s UAS instead of manned aircraft also benefit s the public by eliminating or
greatly reducing air and noise pollution associated with traditional aerial imaging operations

. Because it is battery power ed and uses electric motors, the S900 s UAS consumes no fuel

, generates no air pollution

, and creates very little noise . As a result, the public is benefited as a result

of reduced enviro nmental impact, r educed operator and other human exposure , and greater fuel

conservation, which serves additionally to su pport our G overnment’s specific effort s to reduce the

U.S.’s carbon footprint. 8

c

. Fewer Manned Aircraft i n the NAS and Reduced Need for ATC Handling

The Farm Crisp S900 also does not require a runway or helipad to takeoff or land and will
not be operated within the close proximity of any airports without prior FAA approval

. As such

, fewer aircraft will need to be handled by a ir t raffic c ontrol during ground, takeoff, departure,

arrival, and landing phases. Operations pursuant to this Peti tion will further reduce the number
of manned aircraft flying or transiting at or above 500’ AGL to and from the areas of imaging
operations as well as congestion around airports due to aircraft arrival and departure.

d

. Superior Aerial Imagery and Increased Benefit to U.S. E conomy

B etter aerial footage can also be obtained using the small and nimble S900 than can be

obtained using manned aircraft or other ground

- based methods

. Due to its small size and superior
flight performance characteristics, the S900 allows for images to be taken from certain locations and
angles and with better precision than using manned aircraft

. As a result, less time is needed in the air

to obtain the desired footage

, which in addition to providing the benefit of fewer aircraft in the NAS

and associated reduced risk to objects and persons and property in the air and on the ground, reduced

noise, etc., allows for the production of surveys , which benefit s consumers

. This additionally ensures

that companies such as Farm Crisp and its customers remain competitive and profitable, thereby
providing their employees greater job stability, which ultimately contributes further to the U.S.

econom y through increased consumer spending

.

e

. Increased Operational Flexibility and Reduced Cost
Using the S900 also provides the benefit of greater operational flexibility and reduced cost

when compared to manned aircraft. Instead of each time having to hire a manned aircraft at

8 Reducing the U.S.’s carbon footprint is a high priority and consistent with the U.S. Environmental Protection Agency’s regulatory efforts to phase out the use of fossil fuels

.17

thousands of dollars/hour, subject to the pilot’s schedule and availability, Petitioner can operate

the S900 , which it has purchased and outfitted at lower combined cost

, innumerable times and at the

convenience of Petitioner ’s and its customer ’ s schedules

. 2. No Adverse Safety Effects
Granting this Petition will also not adversely affect aviation safety or pose any undue

risks to the public. The operations pursuant to this Petition will be in accordance with

Petitioner ’s internal safety Manuals, including approved processes and checkli st s an d in

c o m p li ance w i t h all applicable FAA safety policies and guidance. Accordingly, and as

detailed herein, g ranting the requested exemption would not adversely affect safety. Indeed

, as

detailed below

, operations pursuant to the limitations and guidelines addressed herein and the
safety procedures, Petitioner w ill provide a n equivalent level of safety to those regulations

from which Petitioner seeks exemption

. The FAA has also recently set precedence by granting
exemptions with similar aerial imaging parameters in all material respects, to those presented

herein

. For these reasons Farm Crisp ’s operations pursuant to this Petition also qualify for an
exemption

. I. Exemption s Sought By Petitioner a nd Reasons f or t he Requested Relief

Pursuant to Section 333, Petitioner seeks an exemption from the requirements of 14

C.F.R. §§ 45.27(a), 61.113(a) and (b), 91.7(a), 91.105, 91.119(c), 91.121

, 91.151(b)

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

. 1. Section 45.27(a). Location of marks; non fixed

- wing aircraft

. Section 45.27, entitled Location of marks; nonfixed

- wing aircraft

, subsection (a) states
(emphasis added):

(a) Rotorcraft. Each operator of a rotorcraft must display on that rotorcraft
horizontally on both surfaces of the cabin, fuselage, boom, or tail the marks
required by § 45.23.
To the extent subsection 45.27(a) may be deemed to apply to the S900 s UAS

, Petitioner

seeks an exemption from the subsection ( i.e., that the marks be displayed on both surfaces of the
cabin, fuselage, boom, or tail) because the S900 s UA S is of insufficient size to accommodate
any such marking. Thus marking the S900 s UA S as required by this subsection would not be
possible.

An e q u i v a l ent l e v el of s a f e t y can be provided instead by marking the S900 s UA S , as may be applicable, with lettering as large as practicable ( 14 C.F.R. § 45.29(f) ) on its largest18

available surface so as to permit such marking to be displayed to pilot, crew, and others both

when the S900 s UA S is on the ground and airborne

. 2. Section 61.113(a) and (b). Private pilot privileges and limitations: Pilot in

command

. Petitioner seeks an exemption from 14 C.F.R. 61.113(a) and (b). Section 61.113, entitled
Private pilot privileges and limitations: Pilot in command

, subsections (a) and (b) state
(emphasis added):
(a) Except as provided in paragraphs (b) through (h) of this section, no person who
holds a private pilot certificate may act as pilot in command of an aircraft that is
carrying passengers or property for compensation or hire; nor may that person,
for compens ation or hire, act as pilot in command of an aircraft

.
(b) A private pilot may, for compensation or hire, act as pilot in command of an
aircraft in connection with any business or employment if:
(1) The flight is only incidental to that business or employ ment; and
(2) The aircraft does not carry passengers or property for compensation or

hire.
In general, subs ec t i ons 61

. 113 ( a ) and ( b ) prohibit a p r i v a t e p il o t from conducting

co m m e r c i al ope r a t i on s
. Petitioner seeks exemption from the subsections because t he S900 w i l l

not ca rr y a p il o t
, passe n g e r s or property (other than a camera). As addressed, the S900 is a very
light, remotely controlled s UAS with no persons or property on board. The area of operations is
generally remote or sparsely populated. Each f li g h t is p l anned and fully coo r d i na t ed i n a d v ance in accordance with those procedures provided in the S afety Manual and FOPM

. Thus t he r i s k

assoc i a t ed w i t h the proposed ope r a t i on s is so d i m i n i shed fr om that ass o c i a t ed w i t h co m m e r c i al

ope r a t i ons con t e m p l a t ed by P a r t 61, t hat a ll o w i ng a P IC having a private pilot certificate , rather

than a commercial certificate, met the minimum flight hour and qualification criteria, and
operating according to the limitations and guidelines provided herein

, provides a level of safety

that e x ceeds t hat p r o v i ded by a pilot having a co mm e r c i al ce r t i f i ca t e op e r a t i n g a con v en t i onal

a i r c r a f t as required under the regulations

. T he FAA has already set precedence by previously granted e x e m p t i ons in circumstances

similar, in all material respects, to those presented herein

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

.19

Either finding that Petitioner meets the Section 333 criteria or exemption from the
airworthiness certification requirement under 14 C.F.R. Part 21 renders subsection 91.7(a)
inapplicable.

Section 91.7, entitled Civil aircraft airworthiness

, subsection (a ) states (emphasis added):

“ No person may operate a civil aircraft unless it is in an airworthy condition .” T here is no FAA
standard by which such a determination of airworthiness can be made. Nonetheless, given t he
limitations and procedures , as con t a i ned herein, the S afety Procedures contained within the

SMS, the FOPM, and the Maintenance Manual

, for maintaining the aircraft and checking it
before each flight to ensure that it is in peak operational condition, an e q u i v a l ent l e v e l o f s a f e t y

w il l be p r o v i ded.

4

. Section 91.105. Flight crewmembers at stations

. Petitioner seeks an exemption from 14 C.F.R. 91.105. Section 91.105, entitled Flight

crewmembers at stations

, states (emphasis added):
(a) During takeoff and landing, and while en route, each required flight

crewmember shall

— (1) Be at the crewmember station unless the absence is necessary to
perform duties in connection with the operation of the aircraft or in
connection with physiological needs; and
(2) Keep the safety belt f

astened while at the crewmember station.

(b) Each required flight crewmember of a U.S.

- registered civil aircraft shall,
during takeoff and landing, keep his or her shoulder harness fastened while at his
or her assigned duty station . This paragraph does not apply if

— (1) The seat at the crewmember's station is not equipped with a shoulder

harness; or

, (2) The crewmember would be unable to perform required duties with the

shoulder harness fastened.

In general, S ec t i on 91

. 105 requires pilot and crew to be at their duty stations and
harnessed during flight

. Petitioner seeks exemption from the Section 91.105 because the S900

s UA S is by definition an unmanned aircraft, having neither pilot nor crew so as to be stationed or
harnessed as required by the regulation. An e q u i v a l ent or even higher l e v el of s a f e t y can be
provided instead by using an unmanned aircraft controlled by a PIC who at all times is located at20

and controls the S900 from the GCS.

5

. Section 91.119(c). Minimum safe altitudes

. Petitioner seeks an exemption from 14 C.F.R. 91.119(c). Section 91.119, entitled Minimum
safe altitudes: General

, subsection (d) states (emphasis added):
Except when necessary for takeoff or landing, no person may operate an aircraft
below the following altitudes:

(c) Over other than congested areas. An altitude of 500 feet above the surface

, except over open water or sparsely populated areas. In those cases, the aircraft
may not be operated closer than 500 feet to any person, vessel, vehicle, or

structure.

S ec t i on 91

. 119(c) e s t ab li shes s a f e a l t i t ud e s f

or ope r a t i on o f c i v i l a i r c r a f t over other than
congested areas

. Petitioner seeks exemption from subsection 91.119(c) because, pursuant to this

Petition, t he S900 s UA S w il l at times be ope r a t ed at or below 4 00 feet A G L

. An e q u i v a l ent or even higher l e v el of s a f e t y can be provided instead by, as provided
herein, ope r a t ing so as to de

- conflict with manned vehicles operating above 500 feet AGL , within

the VLOS of the PIC with the assistance of a VO so as to ensure the safety of and de

- confliction
with any persons or property in the air and on the ground , including participating and non

participating personnel, 100 feet and 500 feet, respectively, away from who the UA would
generally be restricted . Further t he S900 s UAS flight operations will be m on i t o r ed at all times
by bo t h t he PIC and VO and will be i n c o m p li ance w i t h l ocal pub li c s a f e t y r e q u i r e m en t s , so as

to prevent access to t he restricted a r eas o f ope r a t i on.

The FAA has set precedence by previously granted e x e m p t i ons in circumstances similar,

in all material respects, to those presented herein

.

6

. Section 91.121. Altimeter settings

. Petitioner seeks an exemption from 14 C.F.R. 91.121

. Section 91.121, entitled Altimeter

settings

, 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.” Petitioner seeks exemption from S ection 91.121 because the

S900 s UAS does not use or have on board a typical barometric altimeter as contemplated by the
regulation.

Note: An equivalent level of safety will be provided instead, by operating the s UAS at21

or below 400 feet AGL

, within the VLOS of the PIC (with the assistance of a VO)

, with altitude

information downlinked from the S900 to the PIC to maintain altitude and ensure safety. Prior to
each flight, a zero altitude/AGL will be established at the launch site, as confirmed for accuracy
by the PIC.

6

. Section 91.151(b). Fuel requirements for flight in VFR conditions.

Petitioner seeks an exemption from 14 C.F.R. 91.151(b). Section 91.151(b), entitled Fuel
requirements for flight in VFR conditions

, states (emphasis added):
(b) No person may begin a flight in a rotorcraft under VFR conditions unless
(considering wind and forecast weather conditions) there is enough fuel to fly to
the first point of intended landing and, assuming normal cruising speed, to fly
after tha t for at least 20 minutes

.

The S9 00 is an unmanned aircraft, and thus would not begin a flight with a person in it as
the regulation contemplates . To t he extent the regulation applies to the S900 , the S900 has a
maximum flight duration of 15

- 18 minutes

, depending upon atmospheric conditions and type of

camera or sensor.

A n e q u i v a l ent l e v el of s a f e t y can be ach i e v ed by terminating the flight at 20% battery

power reserve or 3 minutes w h i ch e v er occurs f i r s t, as provided in the FO P M . Given that the

S900 will be operated within the VLOS of the PIC, within the confines of the particular
landowner’s property with prior written consent of the landowner and participating and non

participating personnel, this restriction would provide more than enough battery reserve to
accommodate a safe return to the landing zone from anywhere in the operating area with no
adverse effect on the safety of persons and property in the air or on the ground.

The FAA has set precedence by previously granted e x e m p t i ons in circumstances similar,

in all material respects, to those presented herein

.

7. Sections 91.405(a), 91.407(a)(1), 91.409(a)(2), 91.417(a) and (b). Maintenance
inspections and recording

. Section 91.405(a) , entitled Maintenance required

, states:

Each owner or operator of an aircraft

— (a) Shall have that aircraft inspected as prescribed in subpart E of this part and
shall between required inspections, except as provided in paragraph (c) of this
section, have discrepancies repaired as prescribed in part 43 of this chapter ;22

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

or alteration

, states:
(a) No person may operate any aircr aft that has undergone maintenance,
preventive maintenance, rebuilding, or alteration unless

— (1) It has been approved for return to service by a person authorized under

§ 43.7 of this chapter;

Section 91.409 (a)(2) , entitled Inspections

, states:
(a) Except as provided in paragraph (c) of this section, no person may operate an
aircraft unless, within the preceding 12 calendar months, it has had

— (1) An annual inspection in acco rdance with part 43 of this chapter and
has been approved for return to service by a person authorized by § 43.7
of this chapter; or
(2) An inspection for the issuance of an airworthiness certificate in
accordance with part 21 of this chapter

.
No inspection performed under paragraph (b) of this section may be substituted
for any inspection required by this paragraph unless it is performed by a person
authorized to perform annual inspections and is entered as an “annual” inspection
in the required maintenance records.

Section 91.417(a) and (b) , entitled Maintenance records

, state:
(a) Except for work performed in accordance with §§ 91.411 and 91.413 , each
registered owner or operator shall keep the following records for the periods
specified in paragraph (b) of this section:
(1) Records of the maintenance, preventive mainte nance, and alteration and

records of the 100

- hour, annual, progressive, and other required or approved
inspections, as appropriate, for each aircraft (including the airframe) and each
engine, propeller, rotor, and appliance of an aircraft. The records must include

—

(i) A description (or reference to data acceptable to the Administrator) of
the work performed; and
(ii) The date of completion of the work performed; and
(iii) The signature, and certificate number of the person approving the

aircraft for r eturn to service.23

(2) Records containing the following information:
(i) The total time in service of the airframe, each engine, each propeller,

and each rotor.
(ii) The current status of life

- limited parts of each airframe, engine,
propeller, rotor, and appliance.
(iii) The time since last overhaul of all items installed on the aircraft which
are required to be overhauled on a specified time basis.
(iv) The current inspection status of the aircraft, including the time since
the last inspection required by the inspection program under which the
aircraft and its appliances are maintained.
(v) The current status of applicable airworthiness directives (AD) and
safety directives including, for each, the method of compliance, th e AD or
safety directive number and revision date. If the AD or safety directive
involves recurring action, the time and date when the next action is
required.
(vi) Copies of the forms prescribed by § 43.9(d) of this chapter for each
major alteration to the airframe and currently installed engines, rotors,
propellers, and appliances.

(b) The owner or operator shall retain the following records for the periods
prescribed:
( 1) The records specified in paragraph (a)(1) of this section shall be retained until
the work is repeated or superseded by other work or for 1 year after the work is
performed.
(2) The records specified in paragraph (a)(2) of this section shall be retained and

transferred with the aircraft at the time the aircraft is sold.
(3) A list of defects furnished to a registered owner or operator under § 43.11 of
this chapter shall be retained u ntil the defects are repaired and the aircraft is
approved for return to service.

In general, t hese r e g u l a t i ons r e q u i r e t h a t an airworthy certificated a i r c r a f t be i nspec t ed as

p r e s c r i bed i n 14 C.F.R. Part 91, S ubpa r t E (Maintenance, Preventive Maintenance, and
Alterations), any d i sc r epanc i es be r e pa i r ed and the aircraft be approved for return to service a s