### Spatial Land 

### Analysis Pred.Jion Agric:ultural Analyld.s

The Honorable Michael P. Huerta Office of the Administrator Fede ral Aviation Administration 800 Ind ependence Avenue SW Wash in gton, DC 20591 August 31 , 2015 Sean Wagner Spatial Land Analysis CEO Spatial Lan d Ana lysis 11824 Manning Park Ct

Bakersfiel d, CA 93311 Te l {559) 544-1813

RE: Spatial L and Analysis sUAS Petition for Exemption Pur suant to FMRA Sec 333 and 14 CFR Part 11 D ear Administrator Huerta: Spatial Land Analysis , LLC ('Spati al Land Analysis ') hereby petitions the FAA for regulatory relief pu r suant to Section 333 of P.L. 112

- 95 and14 C . F.R. Sec. 11.81 to cond u ct commercial flights using the Agribotix Enduro Quad and 3DR Solo Agco Edition sUAS for the following appl i cations:

• Prec i s ion Agriculture Smvey • Th ermal Agriculture Survey Spatial Land Analysis , therefore, seeks a request for exemption from airworthiness and the following specific Title 14 C.F.R. provisions:

• 14 C.F.R. Part 21 • 14 C.F . R. 45 .23 • 1 4 C.F.R. 6 1.113 (a) (b) • 14 C.F.R. 6 1.1 33(a) • 14 C.F.R. 91.7(a) • 14 C.F . R. 91.9 • 14 C.F.R. 91.109(a)

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• 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 • 14 CF R 91.405 (a); 407 (a) (1); 409 (a) (2); 417(a) (b) The FAA has issued grants of exemption in circumstances similar in all material respects to those p resented i n this pet it ion , specifically Exempt i ons No . 12098 to Agr ibot ix , LL C, 1 2 11 4 to Ag ri lmage, LLC , and 12091 to Farm Crisp Holdings I nc; and we therefore request that our petition be granted without delay. Additional similar exemptions include (precision agriculture) No . 11830 , 11193,11170 , 11194, 11192 , 11177, and 11166 . Spatial Land Analysis has also prov ided s u pport ing documentation to include; a General O perations Manual (Spati al Land Ana l ys is Manua l ') whi ch i s composed of (1) an operations manual, (2) fli ght manuals f or each o f the Spatial Land Analysis mode ls; (3) an O perator Training Manual , and ( 4) a Maintenance and Inspection Manual. Please note that all the Spatial Land Analysis Manual (including all of the above l isted components) are clearly mark ed " Confidential " on each page and contain confi d ent ial commerc ial and prop ri etary information t h at Spatial Land Analys is has not and will not share with others who are not subject to a "Nond isclosure Agreement " (NDA) . Therefore , the Spatial Land Analysis Manual (including all components) are not available to the public and contain operating conditions , procedures and other information that a re protected from public release or d i sclosure unde r the Freedom of Information Act 5 USC Sec . 552 et seq . 

### 1 Company De sc ription T hi s sect ion responds to the specific requ ir ements of 14 CFR Sec 11 . 8 1. P rovides a d vanced imag ing and a n alys i s us ing Small Unmanned Airc r aft for prec i s ion agr icultur e. Mai li ng address and other contact in f ormation. ATT :Sean Wagner Spatial Land Analysis, LLC 11824 Manning Park Ct B akers fi el d , CA 93311 Email : seanwags@gmail.com 

### 2 Re l evant Statutory Author i ty This exemption applicat i on is expressly submitted to f ulfill Congress' goa l in passing Section 333(a) through (c) of the P . L . 112

- 95, the FAA Modernization and Reform Act ('Reform Act'). This law d irects the Secretary of T r anspo rtat i on to consider whethe r certai n u nmanned aircraft systems may ope r ate safely in t h e n at ional a irspace system ( AS) be f ore comp let ion of t h e ru lemaking requ ired under Sect ion 332 of the Reform Act . In making this determination, the Secretary is required to

Doc 1 0: 4 6d8 f0c61342 f 99188f364 8 b20763c74e55419063 determine which types of UASs do not create a hazard to us ers of the NAS or the public or pose a threat to nationa l security in light of the following:

• The UAS's size, weight, speed , and operational capabi l ity; • Op eration of the UAS in close proximity to airports and populated areas; and • Op e r at ion of the UAS within visual lin e of sight of t h e operator. 1 Lastly, if t h e Secreta ry determin es that s u ch v eh icl es " ma y operate sa f ely in the national a irspace system, the Secretary shall estab li sh requir ements for the safe operation of suc h a ircraft in the national airspace system . " 2 Th e Fed eral Aviation Act ex pressly grants the F AA the authority to issue exemptions. Thi s statutory a uthority by its terms includes e x emptin g civil a ir craft, as the ter m is defined und er §40101 of the Act, that in cludes sUASs, from the r equirem en t that a ll civi l aircraft must have a curre n t a i rworthiness ce rtific ate . 

### 3 Qualifi cation for Approval Under Section 333 of the Reform Act Th e proposed operations in this petition for exemption qualify for expedite d ap p roval under Section 333 of the Reform Act . E ach of the stat u tory criteria and other potentia ll y re levant factors are satisfied. The r equ este d ex emption would permit Sp at i al L and Ana lys i s to p erform co mmercial operat ions und er co n tro ll ed condi tions in ai r space that is 

### 1) limited 2) p red ete rmined 3) r estri c ted , limi ted, or contro lled as to access and 4) would provide safety en hanc ement s to the already saf e operations in these industries presently using conventiona l aircraft . App roval of this exemption wou ld thereby en hanc e safety and fulfill the Secretary of Tr ansportation's (the FAA Administrator's) responsib i lities to "establish r eq uir ements for t h e sa f e operation of such aircraft systems in the national airspace system . " Section 333(c) of t h e Reform Act . Each Spatial Land Anal ysis sU AS we i ghs 55 lb. or less including payload . Each Spati al Land Analysis s UAS operates und er normal cond itions at a s p eed of no more than 87 knots. Each Spatial Land Ana l ys i s sUAS has t h e capab ili ty to operate in either A u to matic ' or Ma.nuaP mod e as d esc rib ed in the Spatial La nd Analys i s Manu al. G enerally Spat ial Land Anal ys i s sU AS operations will be below an altitude of 40 0 ft . AGL , with in specific access - restr icted areas, eith er within Class G airsp ace or with the permission of the ATC, using s UAS o p erated by Spatia l L and Analysis

- qualified s UAS p il ots , an d within the visual lin e of s ight of t h e op erator and observer. Su c h operations will in s ure that the sUAS w ill " not c reate a hazard to users of the Nationa l Airsp ace System or the pub li c" as per the FMRA 2012 Section 333 . Given the s i ze o f the sU AS and the operat i ng environm e nt, this petition for exe mption meets an eq uivalent level of safety , in which Congress envisione d that the FAA must , by exemption allow commercia l operations of UASs to commence immediate l y. Also due to the size and environment, appr oval of the appl icati on presents no nat i o n al sec urity is s u e . 1 Pub lic Law 112

- 95 , 'FAA Modernizat i on and Reform Act ' Section 333 (a) 2 I

d. §333(c).

Doc 10: 46d8f0c61342f99188f364 8b20763c74e55419064 Considering t he clear direction in S ection 333 of the R eform Act, the a uthori ty contained in the Fed er a l Aviation Act , as amended, the equ i v a len t le vel of safety surround i n g the proposed operations , and the s ignifi ca nt public benefit described h ere in , t he grant of t h e r equ es t ed exe mption s i s also in the pub l ic interest. 

### 4 Spati a l Land Analy s i s D esc ription of Propo se d Op e r a tions Spatial Land Analysis operations will provide a level of safety that is equivalent to current avia

tion standards . Spatia l Land Analys is safety procedures, risk assessments , and flight operations standards a r e d escrib ed in det a il in the accompanyi ng Spatial La nd Analysis ManuaL I n br i ef, the follow i ng procedures that apply d ur ing operations co ndu cted under this ex emp t ion request , establish an equivalent leve l of safety (E LOS) as fo llow s : 1. Th e sUAS will we i g h less than 55 lb. 2. Flights will be operated within lin e of sight of a pil ot and/ or observer. 3. Flights will occur during d ay lig ht hour s . 4. Flights will occur during V is ua l F l i ght Rul es Met eorological Conditions (VMC). 5. Flights will generally be operated at an a l titu d e of no more than 400 feet AGL and wit hi n Class G air sp ace . Op erations in controll ed B , C, or D airspace will b e conducted in c oordina t ion with t h e proper FSDO and ATC with prior p ermi ss ion. 6. Fli ghts will be term inated at 25% or 5 minutes (w hi chever is greater) battery power reserve s hould that occur dur i n g t h e operation. 7. All Spatia l L and Analysis sUA S will be U.S. reg i ste r ed and display m a rks either in acc ordanc e wi th 1 4 C .F.R. Pa r t 45, Subpart C or approved alternative ma rkings . 8. Op er at ions will be co ndu cted in d efin ed regions a nd over prop erty aut horiz ed for this us e by the landown er. All ope rat ions will r e ma in within the geographic boundaries of the operating a r ea . When poss ible operations may be conducted within the limi tat ions of t he blanket COA authorization provided with 333 grants as of 3 / 23 / 2015. O therwise the required FAA p ermission will be obtained. 9. All re quir ed permissions and p e rmits will b e obta ined from terr ito ri a l , state, co unty or city jurisdi ctions , including l ocal law enfo rcement , fir e, or other appropriate governme nt a l age n cies. 10. The operator will obtain the consent of all p e rsons involved an d ensure that only consenting per son s will b e a llow e d within 100 fe et of the fli g ht operat ion , and this radius ma y b e r ed u ce d to 30 feet based upon an eq uivale nt level of sa f ety determinat ion. 11. A briefin g will be condu cte d in r egard to t h e planned sU AS operations prior to each d ay's activi t ies . I t will b e mand at ory th at all personnel who will be performing dut ies with in the boundari es of the safety perimeter b e present for this bri efi ng. 1 2. lvlinimum crew for each operation will cons ist of the sU AS Pilot, t he Visual Obs erver.

Do c 1 0: 4 6 d 8 f0 c6 1 3 4 2 f 9 91 88 f3 6 4 8 b 20 7 63c74e5 5 4190 65 13. Operations without a Visual Ob server (sUAS Pilot on l y) may occasionally be conducted sub

ject to addi tional and spec ifi c ai rcra ft equ ipm ent, o p erator competency, and flight restrict i ons (maximum distance from the sUAS Pilot, maximum altitude, and maximum speed) as defined in the Spatial Land Analysis Op erations Manua l. 1 4. sUAS operat ions under th is exempt ion will be conducted under the superv ision of a des i gnated pilot in command (PIC) who has final responsibility for the operation and in accordance with 14 C .F.R. 91.3 . All sUAS operators must have completed training on the no rmal, abnormal, and emergency procedures in the Spatial Land Analysis Manual and demonstrated profic i ency w i th the sUAS being operated . The PI C will meet at least the minimum FAA sUAS regulations for licensure . Current l y, therefore, Spatial Land Analys is P I Cs must possess at least a sport pilot certifi cate and hold a valid U.S . driver's license. 15 . sUAS Pilot will be Pilot in Command (P I C). If a pilot certificate holder other than the sUAS Pilot, who possess the necessary PI C qualifications , is also present (i .e. the Visual Observer), that person can also be designated as the PIC. 16. Ob server and pilot will at all times be abl e to maintain verbal communication , eithe r directly or through electro ni c means . 17. Op erators and engi neers will maintain the sUAS system in 

### a. condition for safe operation acco rding to the Spat ial Land Analysis Manual a nd associated manufacturer ' s maintenance manuals, including pre - flight and post-flight inspections. 1 8 . T h e PIC a nd observers will mainta in s ituat ional aware n ess a nd perceive, process, and pe rf o r m risk management prior to and during each operation as described in the Spatial Land Analysis Manual. The P IC will terminate the operation in accordance with the Spatial Land Analysis :tvlanual if hazards that cannot be acceptably mitigated are observed . 19. sUAS will safely sto p ope r ating and eithe r return home or auto - land at a safe location along the fl i ght path if the control lin k is lost . 20. For each s UAS, the PIC will have the ability to force a controlled landing at any time . I n addition to the above, Spatial Land Analysis has implemented a Safety Management System. The Spatial L and Analysis Safety :tvlanager is responsible for conducting safety audits , investigations, and inspections and is authorized to sto p or prohibit any activ ity or operations which is cons id ered un sa f e. Fu ll detajls are avail ab le in the Spatial L and Analysis Manual. 

### 5 Regulations From Which Exemption i s Requested 5.1 Part 61 , Certification: Pilot s, Flight In s tructor s, and Ground In s tructor s E xt e nt of R e li e f P art 61, all section s .

Doc 1 0: 46d 8 f0c 61342 f9918 8f36 4 8b20763c74e55419066 R e a s on fo r R e li e f Because the UAS will not carry a pilot or passengers, the proposed operations can achieve the equivalent level of safety of current operations by requiring the P I C operating the aircraft to have at least a sport p ilot ' s license rather than a commerc ial pilot's license to operate these sUAS. Equi va l e nt L eve l of S a fety Unlike a conventional a ircraft that carri es the p il ot and passengers, the sUAS is remotely controlled with no living thing on board. The area of operation is controlled and restricted , and all flights are planned and coordinated in advance as set forth in the Gene r al Operations Manual (GOM) . The level of safety provided by the requirements included in the GOM exceeds that provided by a single individual ho lding a commercial pi l ot's cert ificate operat ing a conventional a ircraft. The risks associated with the operation of the sUAS are so diminished from the level of risk associated with commercial operations contemplated by Part 61 when drafted , that allowing operations of the sUAS as requested w i th a sport pi l ot certificate as the PIC exceeds the present level of sa f ety ach i eved by 14 C . F . R. §61.113 (a) & (b) . 

### 5.2 61.113 Private pilot privil e ges and limitations : Pilot in command . Ex t e n t o f Re li e f Relief from requirement to possess a private or commercial pi lot's license for aerial work such as aerial survey and mapping . Reas on for R e li e f §61.113 (a) stipulates that a holder of a private pilot certificate may not act as a pilot in command of an aircraft for compensation or hire; (b) states that a private pilot may act as PIC if the flight is incidental to business and does not ca.rry passengers o r prope rty. Furthe rmore , I - 8900 . 227 " Unmanned Aircraf t Systems (UAS) Operational Approval" parag r aph 16(c)(2)(c) "Ope r at i ons without a pilot certificate " states that a operations which conform to said paragraph may be performed by a PIC that does not possess a private pilots license but that has completed FAA private pilot ground instruction and passed the FAA Private Pilot written test . In addition, there is no means currently of obtain ing a commercial rating for UAS . Thus, we requi re rel ief in order to perform aer ial work. P u b li c Benefit As described above , the public benefit includes exponential economic growth, enhanced safety, and improved precision agriculture capabil i t ies. Equi va l e nt Le ve l of S a fe t y Our operations fullfill all the requirements in N

- 8900.227 1 6(c) (2) (c) for operat i ons without a private pilots license .

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### 5.3 91.7 Civil aircraft airworthiness. Exte nt of Re lief 91.7 , a ll provisions. 

### R eason for R e lief Should the exemption be granted al l ow in g commercial operation of the sUAS without an ajrworthiness certificate , no standard will exist for airworthiness of the sUAS . 

### Equival e nt Leve l of Safety Given the s iz e and weight of these aircraft and the requirements conta in ed in t h e GOM, a.n eq uiva l ent level of safety will be achieved by insuring comp li ance with the sUAS user manuals prior to each flight .



### 5.4 91.119 , M inimum safe altitudes: G e n e r a l. Ext e nt of R e li ef Sect ion 9 1.119 establis h es safe alt itudes f or operation of civil a ir craft . 91.119(c) l i m its aircraft fl y ing over areas other than congested areas to an altit ud e o f 500 feet above the surface, except over open water or sparsely populated areas , and the aircraft may not be operated closer than 500 feet to any person , vessel , vehicle, or st ru cture. 

### R eas o n for Relief To provide for these operations , the sUAS are normally operated at or below 400 feet AGL. In addition , due to the nature of the proposed operations , the PIC and the observer may at times be less than 500 feet away from structures during the operati on. 

### Equivalent Le vel of Safety The equivalent level of safety will be achieved given the size, weight , and speed of the UAS as well as the location where it is operated. No flight will be taken without the required permission of the property owner or local officia l s . Be cause of the advance notice to the property owner and participants in t h e aeri al act i v ity, al l affected indi v iduals w ill be awar e of the planned fli g ht operati ons . Compared to flight operations with aircraft or rotorcraft weigh ing far more than the maximum 55lbs. described above and the lack of flammable fue l , any risk associated with these operations is far less than those presently conducted with conventional aircraft operating at or be low 500 AGL in other industries. I n add ition , the low-altitude operations of the sUAS wi ll ensure sepaJ·ation between these s UAS operations and the operations of conventional aircraft that must comply with Section 91.119.

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### 5.5 91.121 A l t im e t e r S ett in gs Exte nt of Re li ef §91.121 

### R eas o n fo r R e li e f As the sUAS may not have a barometric alt imeter, but instead a GPS altitude read out, an exemp tion may be needed. 

### Equiva l e nt L e v e l of S a f e t y An equivalent leve l of safety will be ach i eved by the operator, pursuant to the GOM and the Safety Check list , confirming the a ltitude of the launch s ite shown on the GPS altitude indicator before flight.



### 5.6 91.151 , Fu e l r e quir e m e nt s for fli g ht in VFR co nditi on s . E x t e nt of R e li e f §91.151, all provisions. 

### Reas on for R e li ef The provision requires fuel sufficient for one half hour flight beyond the destination. These sUAS, includ ing todays longest endurance platforms, are unable to meet this requirement because of l imited max flight times . 

### Equi va l ent Level of Safety An equivalent level of safety can be achieved by limiting flights for the sUAS according to the safety l im itations described in the GOM. This restr ict i on would be more than adequate to return the sUAS to its planned landing zone from anywhere in i ts limited operating area .



### 5. 7 91. 4 05 , 91. 4 07 , 91. 4 09 , 91. 4 17 In s p e ction and Maint e nanc e P r ograms Exte nt of Re li ef §§91.405, l\tlaintenance required; 91.407, Operation after maintenance, preventive maintenance, re bui lding, or alteration; 91.409, Inspections; and 91.417, Ma intenance records . 

### R eas on for R e li ef The part 91 provisions are not applicable to a sUAS of the described weight class . Furthermore , FAA certified mechanics for sUAS do not at this present time exist , so full compliance is not possible . The sUAS flown are modular and as such ent ire components includ ing engines and prope ll ers are

D o c 1 0: 4 6 d 8 f0c 6 1 3 42f9918 8f3 6 4 8 b207 6 3 c 74e5 5 4190 69 minor replacements rather than ma j or repairs. Finally , continuous minor a lterations and payload reconfigurations of sUAS a re designed and requ ired for the operation of sUAS and do not negat ively impact airworthiness . Equi va l e n t Leve l o f Safe t y I nspection and maintenance manuals are used to maintain the sUAS in airworthy condition . Each sUAS is mainta ined acco rding to the manufacturer standard or highe r by technic ians proficient in the building, repair, and ma intenance of the sUAS. I nspection and Ma intenance manuals utilized contain all aircraft

- relevant items as described in (43 Appendix D (Scope and Detail of Items) . Maintenance records are maintained in the Operations Database; either online on the Skyward Platform , and are there f o re immediately auditable by regulators on demand, o r as otherwise dete rmined by Spat ial Land Analysis . Fina lly, manua ls will be submitted to the loca l FSDO Aviation Safety I nspector or other appropriate FAA divis ion directly . 

### 6 Public Int ere s t Spatial Land Analysis believes that the enhanced safety achieved using a sUAS with the speci

fications described in this petition and supporting documents and by carrying no passengers or crew, rathe r than a manned aircraft of s i gnificant l y greater proportions ca.rry ing crew in addition to flammable fue l , g i ves the FAA good cause to find that the UAS operations enabled by this exemption are in the public interest . The outputs of safe, reliable , and regulatory compliant operations of sUAS provide economic benefits historically unparalleled since the invention of flight, benefiting stakeholders at every l evel , both public and private . Lawful , safe aerial robotics operations will create new high-tech employment that will stim u late city and state governments; improve industries , create new small and large businesses; infuse new interest in STEM for children; and increase the safety of cit i zens through enhanced first

- responder capabilities . 7 

### P r i vacy All flights will occur over private , limited , or restricted

- access areas with the property owner's prior consent and know ledge . Operat i ons will be conducted by tra ined crew and a ll other individuals will either be a part of the operation or consent to be present at the t ime of operations . 

### 8 Federal Register Summary Pursuant to 1 4 C.F.R. Part 11 , the follow ing summary is provided for publication in the Federal Register, should it be determined that publication is needed: Applicant seeks an exemption from the following rules: 14 C.F.R. §21, subpart H; 14 C . F . R 45.23(b);14 C . F . R. §§61.113( a) & (b), 61.133(a); 9 1. 7 (a); 91.9 (b) (2); 91.109; 91.119; 91.12 1 ;

Doc 1 0: 46d8 f0c61342 f 9918 8f364 8 b20763c74e554190610 91.151(a);91.203(a) and (b); 91.405 (a); 91.407 (a) (1); 91.409 (a) (2); 91.409 (a) (2) and 91.417 (a) & (b) to operate s U AS for commercial use. 

### 9 Conclus ion Spatial Land Analysis seeks this exemption to conduct commercial operat ions us ing sUAS with in restr icted-access areas in the NAS . Without this exemption, sUAS innovation will be suppressed, the public economic benefits derived from increased sUAS development will be denied , and the Congressional directive to accelerate the integration of UAS into the NAS will be impeded. The sUAS physical and operational characteristics are compl iant with those described in the FMRA and FAA 's guidance for Sec 333 exemptions. Spatial Land Analys is respectfully requests that the FAA grant its petition for exemption from airworthiness. Please do not hesitate to contact Andrew McCollough, the Regulatory Services POC, via email at exemption@skyward.io if you have any questions or concerns. Very Respectfully Yours , 

# SQ.Q\n

# ~,rmr Sean Wagner Spatial Land Ana l ysis CEO

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