Integrated Precision Agriculture, LLC

Oct 13 , 2015 David McDorman 2320 East Fremont Street Galesburg, IL 61401 David161820@gmail.com 

### Petition of Integrated Precision **Agriculture, LLC**  **For Exemption Pursuant to Section 333 Of the FAA Modernization and Reform Act of 2012** 
To Whom It May Concern:

Pursuant to Section 333 of the FAA Modernization and Reform Act of 2012 and 14 CFR Part 11, Integrated Precision Agriculture ,LLC (IPA), hereby applies for an exemption from Federal Aviation Regulations (FARs) identified below, to allow commercial operations of small unmanned aerial systems (i.e., sUAS). This exemption is in accordance with protocols outlined in this petition for exemption, and any other requirements established by the FAA pursuant to Section 333 of the Reform Act. This exemption would permit commercial operation by IPA , whi ch uses AGV6A+ model UAS (s) by to conduct:

 Aerial surveying

 Event Photography/Videography  Agricultural purposes  Real Estate Photography  Aerial Filmmaking and Photography  Construction Site Inspections and Monitoring, and  News Gathering and First Responders.

IPA ’s operation under the exemption will be subject to strict operating requirements and conditions toensure an equivalent level of safety to currently authorized operations using manned aircraft and under

conditions as may be modified by the FAA as required by Section 333.

IPA 's sUAS will be operated under controlled VFR conditions at low altitudes. They will operate the sUAS’s with pilots who have comp rehensive UAV / UAS / Drone flight training for competency and new FAA 333 and Part 107 commercial compliance requirements. Finally, when required, the FAA ATC will approve the airspace in which the sUAS will operate in advance. Integrated Pre cision Agriculture ,LLC respectfully submits this request for an exemption because it operates sUAS's. The FAA can have confidence that the operations will be conducted at an equivalent level of safety or greater. Approval of this exemption would thereby enhance safet y and fulfill the Secretary Transportation’s (the FAA Administrator’s) responsibilities under Section 333(c) of the Reform Act to“establish requirements for the safe operation of such aircraft systems in the national airspace system.” For your convenience, IPA has organized this Exemption request as follows:

I.Petitioner's Description II. Relevant Statutory Authority III. Qualifications for Approval Under Section 333 of the Reform Act IV. Description of Proposed Operations V. Regulations From Which Exemption is Requested VI. Public Interest VII. Privacy VIII. Federal Registry Su mmary IX. Conclusion
**I. Petitioner's Description:**
Integrated Precision Agriculture ,LLC headquartered in Galesburg ,IL , is a company that provides sUAS support to news and event videography, real estate and construction site photogr aphy, film and movie production, precision agricultural purposes, education, and demonstration flights in a co mpliant and safe environment. IPA plans on providing a wide range of services as the sUAS market expands. IPA 'sgoal is to operate in an accident
- free environment by:
•Demonstrating a commitment by management and all employees to operate in a compliant manner. •Identifying hazard and risk while eliminating or controlling all these risks.

•Using steps to intervene and report when unsafe work practices appear to exist. •Training all employees involved in flight operations to operate at the highest standard level.

**The contact information for Petitioner is as follows:**
Integrated Precision Agriculture LLC, 2320 East Fremont, Galesburg IL 61401 Owner : David Mc Dorman Cell phone : (309)299
- 3670 Email:david161 820@gmail.com Owner: Tony Campbell Cell phone  309) 337
- 6586 Email : vendicoses@yahoo.com **II. Relevant Statutory Authority:**
This petition for exemption is submitted to fulfill Congress' goal in passing Section 333(a) through
(c) of the Reform Act. Congress has directed the FAA "to safely accelerate the integration of civil unmanned aircraft systems into the national airspace system." Pursuant to Section 333 of the Reform Act, the FAA Administrator is to consider whether certain unmanned aircra ft systems may operate safely in the
2 | P a g e

National Airspace ("NAS") before completion of the formal UAS rulemaking, based on the following considerations:

•The UAS's size, weight, speed, and operational capability;•Operation of the UAS in close proximity to airports and populated areas; and •Operation of the UAS within the visual line of sight of the operator. If the Secretary determines that such vehicles "may operate safely in the National Airspace system, the Secretary shall establish requirements for the safe operation of such aircraft in the National Airspace System". Additionally, the FAA Administrator has general authority to grant exemptions from its safety regulations and min imum standards, and has done so on numerous occasions, when the Administrator decides a requested exemption is in the public interest. A party requesting an exemption must explain the reasons why the exemption: (1) would benefit the public as a whole, and (2) would not adversely affect safety (or how it would provide a level of safety at least equal to the existing rules). The Federal Aviation Act expressly grants the FAA the authority to issue exemptions. This statutory authority, by its terms, includes ex empting civil aircraft, as the term is defined under 40101 of the Act, from the requirement that all civil aircraft must have a current airworthiness certificate and those regulations requiring commercial pilots to operate aircraft in commercial service:
**The Administrator may grant an exemption from a requirement of a regulation prescribed under subsection (a) or (b) of this section or any of sections.** 

**III. Qualifications for Approval Under Section 333 of the Reform Act**
The proposed operations in this petition for exemption qualify for expedited approval under Section 333 of the Reform Act. Each of the statutory criteria and other relevant factors are satisfied. The proposed operations w ould permit IPA the use of small UAS under cont rolled conditions in airspace that is: (1) predetermined; (2) controlled as to access; and that (3) provides an increased level of safety beyond that existing when fixed or rotor wing aircraft are used to accomplish the same purpose. IPA uses sUASs that ar e m ulti
- rotor, weighing less than 5 5 pounds including payload. They operate, under normal conditions, at speeds not to exceed 40 mph and have the capability to fly, hover, and move in the vertical and horizont al plane. IPA ’s sUAS’s will operate in line of sight, during daylight hours, and will only o perate within a sterile area. **IPA will operate at or below 200**  feet AGL and will file a NOTAM for each flight operated in controlled airspace. All required permissions and permits would be obtained from territorial, state, county or city jurisdictions, including local law enforcement, fire, or other appropriate governmental agencies prior to operating a sUAS. Given the small size of the sUAS’s involved and the restricted sterile environm ent wi thin which they will operate, IPA ’s exemption falls within the zone of safety and demonstrates an equivalent level of safety, in which Congress desired the FAA to permit commercial UAS operations by exemption pending completion of formal rulemaking. Also, due to the size of the sUAS’s and the confined area in which the sUAS’s will operate, approval of the application presents no hazard in the NAS. Considering the clear direction in Section 333 of the Reform Act, the authority contained in the Federal Aviation Act, as amended, the equivalent level ofsafety surrounding the propose d operations, and the significant public benefit, the grant of the

requested exemptions is also in the public interest.

**IV. Depiction of Proposed Operations** 
To assist the FAA in its safety assessment of CA's proposed sUAS operations, below is a summary of operational limitations and conditions that will ensure an equivalent or higher level of safety to operations conducted under current regulatory guidelines:

**1 .The sUAS will weigh less than 5**  **5 pounds**
. **2.Flights will be operated within line of sight of the PIC and ground**  **observer**
. 3.Maximum total flight time for each operational flight will be limited to the amount of time the sUAS can be flown and still maintain a reserve battery power of no less than 25%. **4.Flights will be operated at an altitude of no more than 200 feet AGL**
. 5.Flights will be operated at a lateral distance of least 100 feet from any inhabited structures, buildings, vehicles, vess els, people not associated with the operation or who have not signed a waiver in advance of the operation. 6.Minimum crew for each operation will consist of the sUAS Pilot in Command and a Visual Observer. 7.The sUAS Pilot in Command will hold at least a s port pilot or recreational pilot certificate and a valid U.S. driver’s license. 8.IPA will designate a Pilot in Command (PIC) for each mission. 9.The sUAS will operate only within a confined "Sterile Area". 10.Prior to the operations at a particular locati on, a site inspection will have been conducted. On the day of the mission the management person with operational control and the PIC will concur on dispatching of the mission. 11.A briefing will be conducted in regard to the planned sUAS operations prior t o each day's missions. It will be mandatory that all personnel who will be performing duties within the boundaries of the sterile area be present for this briefing.

12. IPA crew will use the checklist and callouts required in the Operations Manual. 13.All sUAS’s will be maintained in accordance with inspection program specified in the manufacturer’s guidelines.14.In the event of an accident involving an IPA sUAS, they will cease operations and report the accident

to the NTSB and AFS
- 80. 15.Pilot in Comman d and Visual Observer will at all times be able to communicate by voice. 16.Pilot in Command, Visual Observer, Camera Operator, and Operational Personnel will have been trained and tested in accordance to FAA, NTSB, and AFS
- 80 best practices. 17.All requir ed permissions and permits would be obtained from territorial, state, county or city jurisdictions, including local law enforcement, fire or other appropriate governmental agencies. 18. IPA management will submit a written “Plan of Activities” to the loca l Flight Standards District Office (FSDO) having jurisdiction over the area of proposed filming three days in advance of operations during film or movie productions. 19.If the sUAS loses communications signal, the sUAS will have the capability to return to a pre
determined location within the Sterile Area and land. 20.Contingency plans will be in place to safely terminate flight if there is a loss of communication between the pilot and the observer. 21.The sUAS PIC has the capability to abort a flight in case of unpredicted obstacles or emergencies. 22. IPA , by following FAA, NTSB, and AFS
- 80 best practices, will assure no individuals’ privacy is violated. 23.Proced ures have been established in IPA ’s Operations Manual t o contact ATC prior to operating in airspace other than G.

**V.Regulations From Which Exemption is Requested**
Statutory Authority Section 333, titled “Special Rules for Certain Unmanned Aircraft Systems”, provides a mech anism for seeking expedited FAA authorization of safe civil UAS operations in the NAS.Section 333(a) states that the FAA “shall determine if certain unmanned aircraft systems may operate safely in the national airspace system before completion of the (comp rehensive) plan and rulemaking required by section 332(b)(1) of this Act or the guidance required by section 334 of this Act.” In Section 332(b)(1), Congress made it clear that Section 333 provides a mechanism for “expedited operation authorization” if sev eral factors are met. Petitioner meets all requirements to permit FAA approval of commercial UAS operations. The Petitioner Requests Relief From the Following:
**A. 14 CFR § 91.103: Preflight Action**

I PA requests an exemption from the preflight actions requirements of 14 CFR 91.103 that prescribes thepreflight actions under which aircraft may operate: Each pilot in command shall, before beginning a

flight, become familiar with all available informatio n concerning that flight.

a. Flight under IFR or a flight not in the vicinity of an airport, weather reports and forecasts, fuel requirements, alternatives available if the planned flight cannot be completed, and any k nown traffic delays of which the pilot in command has been advised by ATC; b. For any flight, runway lengths at airports of intended use, and the following takeoff and landing distance information:

i.For civil aircraft for which an approved Airplane or Rotorcraft Flight Manual containing takeoff and landing distance data is required, the takeoff and landing distance data contained therein; and ii.For civil aircraft other than those specified in paragraph (b)(1) of this section, other reliable information appropriate to the aircraft, relating to aircraft performance under expected values of airport elevation and runway slope, aircraft gross weight, and wind and temperature.

IPA wil l not operate sUAS’s under IFR conditions or when the ceilings are below 1000 feet and the visibil ity is below 3 statute miles. IPA ’s sUAS’s do not have a published approved Airplane or Rotorcraft Flight Manual containing takeoff and landing distance dat e
Equivalent Level of Safety In adherence to FAA, NTSB, and AFS
- 80 best practices, the PIC along with the person having operational control must follow regulations to assure that the weather will be adequate to complete the mission in VFR condition. **B. 14 C FR 91.113: Right**  **- of**  **- Way Rules**  IPA requests an exemption from 14 CFR 91.113 Right
- of
- way rules, requiring vigilance by each person operating an aircraft so as to see and avoid other aircraft. When a rule of this section gives another aircraft the right
- of
- way, the pilot shall give way to that aircraft and may not pass over, under, or ahead of it unless well clear.
Integrated Precision Agriculture ,LLC operates small pilotless UAS’s and cannot comply with these rules as they have been written.
Equivalent Level of Safety**IPA operates sUAS’s at or below an altitude of 200 feet AGL**  , well below the normal operatin g altitude

of other aircraft. IPA management requires that the Pilot in Command with experience oversee each mission and has knowledge of the see
- and
- avoid rules. A Visual Observer will assist the PIC in looking for aircraft entering the operations area. It’s the responsibility of the PIC to cease operations and land the UAS immediately whenever an aircraft comes into the vicinity creating a potential threat. Operations will not recommence until the threat is clear.
**C. 14 CFR. § 91.119: Minimum Safe Altitudes** IPA requests an exemption from the minimum safe altitude requirements of 14 CFR 91.119 that prescribes the minimum safe altitudes under which air craft may operate:

•Over any congested area of a city, town, or settlement, or over any open air assembly of persons, an altitude of 1,000 feet above the highest obstacle within a horizontal radius of 2,000 feet of the aircr aft. •Over other than congested areas at 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, ves sel, vehicle, or structure.

Section 91.119 (d) allows for a helicopter to operate at less than those minimum altitudes when it can be operated "without hazard to persons or property on the surface," provided that "each person operating th e helicopter complies with any routes or altitudes specifically prescribed for helicopters by the FAA." To provide the intended operations, the sUAS is normally operated below 500 feet AGL. Additionally, due to the nature of the proposed operations, the sUAS will maintain a lateral distance of at least 100 feet from inhabited structures, buildings, vehicles, and vessels, and from people not associated with the operation.
Equivalent Level of Safety
Compared to normal aircraft, IPA ’s multi
- rot or aircraft weigh a maximum of 5 5 pounds, and given the lack of flammable fuel, any risk associated with these operations is far less than those that presently exist with conventional aircraft. An equivalent level of safety will be achieved given the s ize, weight, and speed of the UAS, as well as the location where it is operated. As set forth in the FAA, NTSB, and AFS
- 80 best practices, the sUAS will be operated in a sterile area, where buildings and people will not be exposed to operations without the ir pre
- obtained consent. Because of the advance notice to the property owners and participants, all affected individuals will be well aware of the planned flight operations prior to commencement of operations.Furthermore, by operating at such lower altit udes, the sUAS will not interfere with aircraft that are

subject to the minimum safe altitude regulations. Finally, the successfu l safety record of the AGV6A+ sUAS’s demonstrates that the sUAS can be safely used at these lower altitudes and closer operatin g environments.
**D. 14 C.F.R. § 91.121: Altimeter Settings** IPA seeks an exemption from 14 CFR 91.121, which requires a person operating an aircraft to maintain cruising altitude or flight level by reference to an altimeter that is set to the elevation of the departure airport or barometric pressure. An exemption is r equired because the sUAS does not have a barometric altimeter, but rather a GPS altitude read out.
Equivalent Level of Safety
An equivalent level of safety will be achieved by following the procedures set forth in the FAA, NTS B, and AFS
- 80 best practices . IPA will confirm the altitude of the launch site shown on the GPS altitude indicator before flight. Moreover, the PIC will use the GPS altitude indicator to constantly monitor the sUAS's height, thus ensuring operation at safe altitudes.

**E. 14 CFR 91.1 51(a): Fuel Requirements for Flight in VFR Conditions** 

IPA requests an exemption from 14 CFR § 91.151(a)'s fuel requirements for flight in VFR conditions. **Section 91.151 states:**
**a.No person may begin a flight in an airplane under VFR conditions unless (c onsidering wind and**  **forecast weather conditions) there is enough fuel to fly to the first point of intended landing, and**  **assuming normal cruising speed –** 

**i.During the day, to fly after that for at least 25 minutes; or ii.At night, to fly after that for at least 45 minutes.** 
The batteries powering IPA’s AGV6A+ provide approximately 25
- 30 minutes of powered flight. To meet the 30 minutes reserve requirement in 14 CFR 91.151. Given the limi tations on the sUAS's proposed flight area and the location of its proposed operations within a predetermined area, a safety margin based on a reserve amou nt of battery life is needed. IPA will not be conducting any sUAS flights at night.Equivalent Leve l of Safety

An equivalent level of safety will be achieved because the operations will be conducted on
- site without significant transit time by the sUAS. All flights will be planned to terminate with no less than 25% reserve battery power still available. This restriction would be more than adequate to return the sUAS safely to its planned landing zone from anywhere in its confined area of operation even in the event of an unexpected occurrence. Operation of the sUAS with less than 30 minutes of reserve fu el does not include the type of risks that Section 91.151(a) was intended to alleviate given the size and speed of the small UAS, and the proximity of the flight operation to the landing zone. Moreover, operation will be limited to controlled areas where o nly people and property owners, or official representatives who have signed waivers will be allowed.
**F. 14 CFR § 91.405(a), 91.407(a)(1), 91.409(a)(2); 91.417(a) and (b): Maintenance Inspections**

IPA also seeks an exemption from the maintenance inspectio n requirements contained in 14 CFR 91.405(a), 91.407(a) (1), 91.409(a) (2), 91.417(a) and (b). These regulations specify maintenance and inspection standards in reference to 14 CFR Part 43. 14 CFR 91.405(a) (stating that each owner or operator of an aircra ft "shall have the aircraft inspected as prescribed in subpart E of this part and shall between required inspections ...have discrepancies repaired as prescribed in part 43 of this chapter"). An exemption to these regulations is needed because Part 43 and th ese sections only apply to aircraft with an airworthiness certificate, which the sUAS will not have.
Equivalent Level of Safety
An equivalent level of safety will be achieved because maintenance and inspections will be performed in accordance with FAA, NTSB, and AFS
- 80 best practices. The operator will ensure that the sUAS is in working order prior to initiating flight, perform req uired maintenance, and keep a log of any maintenance performed. 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. If mechanical issues ar ise, the sUAS's size and carrying capacity, and the fact that flight operations will only take place in restricted areas for limited periods of time during daylight hours, creates less risk than that associated with conventional rotorcraft or fixed wing ai rcraft performing the same operation.

**VI. PUBLIC INTEREST**Granting Integrated Precision Agriculture ,LLC an exemption furthers the public interest in and around

the states of. National policy set by Congress favors early integration of sUAS into the nat ional airspace in controlled, safe working environments such as th ose propose in this petition. IPA would like to help facilitate safe integration of sUAS’s into mainstream USA in the following areas: **Aerial Surveying** ; As with construction imaging, aerial imaging flights will be used to capture aerial photos for the purpose of creating image maps. The image maps will be used to compute volume, create 3D models, DSM’s, DTM’s, profile and contour lines. **Movies and Event Photogra phy;**  Whether the shot requires unique views and expansive panning or altitude with unique views, the sUAS is designed to hold up under demanding conditions. Because o f the autopilot feature with pre
- designed mission management and R/C control interrupt, th e pilot and camera operator can easily create the ultimate shot with HD video or HD still photos. When working close in on a closed set the hazards to the actors are substantially reduced due to the size of the sUAS. **Precision Agriculture;** Th is technology, which uses a variety of spectral data, has potential for several agricultural uses, including: early
- generation crop breeding line evaluations, quick and wide
scale scouting of croplands for crop conditions and weed densities, grassland cond itions and production evaluation, detection of noxious weeds and detection of blue green algae blooms in ponds and reservoirs. In addition, the technology allows the monitoring of water use and will allow the land owner to directly control the quantity of water use. **News Gatherings** ; Similar to movies and event photography, each news assignment may require a completely different shot or view of a scene. With budgets for traditional helicopter use being greatly reduced, the sUAS is the perfect solu tion to allow for easy news gathering for a fraction of the cost. The sUAS can and will be operated in a sterile area away from the public, while the traditional helicopter must hover over persons and property increasing the danger to individuals. **Construction and First Responders;** Low level oblique photos and video from several angles are far more effective than ground based imagery for displaying the characteristics of large, complex properties with several buildings and large trees. The appli cants in the past have chartered 2
- seat full
sized helicopters for this purpose, which has proven more costly than many potential clients have been able to afford. The benefits of reduced cost and improved quality of presentation from the UA will be valuab le to and benefit many buyers and sellers of real property. Additionally, we request that we be allowed to use our system to benefit first responders nearby who might require assistance, including fire fighters, the police, the sheriff, et al., while remai ning subject to all limitations cited in this application. **Real Estate** ; The sUAS can be used in all areas of real estate, including commercial, residential and industrial properties. Using a sUAS, real estate professionals can create promotiona l videos, photos and unique shots that normal c amera aspects cannot capture. IPA ’s easy
- to - use video and photo platforms enable properties to stand out, providing dazzling views that are typically shown via expensive computer animation or costly helicopter rentals. Imagine shooting a view from a high
- rise condo in stunning high definition that shows your potential customer the actual view from the residence. The remote platform is great for new planning, zoning and large developments. Simple and easy
- to - use video and photosallow for multiple height pictures and elevation views.

**VII. Privacy** Integrated Precision Agriculture ,LLC is deeply committed to protecting public privacy. IPA knows that many individuals have concerns about privacy f rom the operations of sUAS’s. IPA has created a privacy notice that informs residents, commercial property owners, churches, schools, and governmental organizations of our intent to conduct commercial drone operations in proximity to their property.
**VIII. Federal Registry Summary** Pursuant to 14 CFR Part 11, the following summary is provided for publication in the Federal Register, should it be determined that publication is needed:

**Capital Aerial, LLC, seeks an exempti on from the following rules:** 

**14 C.F.R. Part 21 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 (Page 3)**  **14 C.F.R. 91.151(a) 14 C.F.R. 91.203 (a) & (b)**  **14 C.F.R. 9 1.205 (b)**  **14 C.F.R. 91.215 14 C.F.R. (91.401**  **- 91.417)** 
Approval of this exemption request allows IPA to conduct commercial operations with small and lightwe ight unmanned aerial systems. IPA ’s singular vision is to enhance safety of sUAS operations in theNAS while reducing risk to the general public and property owners.

The AVG6A+ sUAS, weighing less than 55 pounds and powered by batteries, eliminates virtually all of that risk given the reduced mass and absence of combustible fuel carried on board. The sUAS is transported to the designated mission area and set up there. The sUAS will carry no passengers or crew and, therefore, will not expose them to the risks associated with manned aircraft flights.
The operation of this small UAS will provide an equi valent level of safety supporting the grant of the exemptions requested herein, including exempting the applicant from the requirements of several regulations and allowing commercial operations. These lightweight sUAS’s operate at slow speeds, close to the ground, and in a sterile environment. As a result, they are far safer than conventional aerial survey and inspection operations conducted with fixed wing aircraft or helicopters.

If additional information is required, or if you have any questions regarding this Petition for Exemption, please contact the undersigned.

**IX. Conclusion** The petitioner is requesting this exemption for the purposes of aerial surveying, precision agriculture, real estate photography, aerial filmmaking and photography, construction site inspections and monitoring, news gatherings and other flight operations. The reason for such a general and broad based request is that the petitioner wishes to utilize a business strategy of horizontal integration and maximize economies of scope in order to capitalize on opportunities as they may arise in the future without the long turnaround time associated with additional exemptions. The petitioner's business model is based on the idea of offering ad hoc small UAS services to individuals or companies who wish to employ these services as a safe, effective, and legal option to enhance their business or hobby. The petitioner’s own market research shows pent up demand for these services currently exists in the real estate market, construction, movie
- making, and other markets are just beginning to emerge. T he petitioner has identified Universities and other agencies that could benefit from the operation requested in this application. A quick internet search will show that many are currently operating similar UAS in exactly this fashion without, it is assumed , FAA authorization. The petitioner has refrained from engaging in commercial use of the UAS. The primary purpose of seeking this exemption is to obtain the capability to offer those services while remaining in c ompliance. The petitioner has 15 years of ex perience in marketing/communications , 8 years of Intergrated Pest Control , 5 years of photography and extensive knowledge relative to the industries and conditions that petitioner intends to service.
Best Regards,David McDorman

Integrated Precision Agr iculture ,LLC Cell Phone: (309) 299
- 3670