**Harvest	Aerial Imaging	Ltd.** 

**2988	Deer	Creek	Trail Highlands	Ranch	CO,	80129**  Dear	Sir	or	Madam: Pursuant	to	Section	333	of	the	FAA	Modernization	and	Reform	Act	of	2012	(Reform Act)	and	14	C.F.R.	Part	11, Harvest	Aerial	Imaging Ltd.	seeks	an exemption	from Federal	Aviation	Regulations	(FARs)	detailed	below	for	the sen seFly:	eXom	&	eBee, 3D	Robotics:	Solo	&	X8,	DJI: Phantom	2	&	3, Inspire	1,	S900	&	S1000,	and	Kespry: Drone	System,	collectively	referred	to	hereafter	as unmanned	aircraft	system s (UAS). The	requested	exemption	would	allow	for	a	commercial	Certificate	of	Authorization (COA)	to	use	the	system	for	aerial	surveying,	aerial	photography/videography, aerial	inspection,	agricultural	monitoring,	real	estate	surveying,	mapping operations, marketing,	disaster	response/search	&	rescue,	education, and crewmember	training.		By	approving	these	exemptions	the	FAA	will	support	an emerging	industry,	which	will	benefit local	small	business, the	environment,	food production, aviation	safety	and	aware ness, and	many	other	areas	that	are	in	the public	interest. Each UAS	weighs	less	than	55	lbs.	fully	loaded,	and	will	be	operated	at	a	speed	no more	than	87	knots,	carry	neither	a	pilot	nor	passenger,	carry	no	explosive materials	or	flammable	liquids,	an d	operate	exclusively	within	an approved	COA airspace.		All UAS use	a	radio	frequency	spectrum	for	operation	and	control	that complies	with	Federal	Communications	Commission	(FCC)	requirements	and	has integrated	safety	features	as	outlined	in	the	user	manu als.		In	the	event	of	a	lost

- link, including	loss	of	ground	signal	and/or	the	loss	of	a	GPS	signal,	the	UAS	have	the ability	to	perform	a	pre

- coordinated,	automated	flight	maneuver	to	return	to	a predetermined	location.		The	UAS	further	have	the	ability	to abort	a	flight	in	event	of an	emergency. The	aircraft	will	be	operated	with	both	a	Pilot	in	Command	(PIC)	and	a	Visual Observer (VO) in	accordance	with	FAA	8900.1,	vol.	16	“Unmanned	Aircraft	Systems” with	the	following	additional	restrictions:

- All	operations	will	be	conducted	in	accordance	with	the	Air	Traffic Organization	(ATO)	Certificate	of	Waiver	or	Authorization	(COA).

- All	UAS	operations	will	remain	clear	of	manned	aviation	operations	and activities	at	all	times.

- All	operations	will	occur	at	altitud es	no	more	than	400’	AGL	and	will	be conducted	over	private	property	with	the	permission	of	the	landowner.

- The	UAS	will	not	be	operated	from	a	moving	vehicle.

- The	aircraft	will	not	be	operated	within	5	NM	of	an	airport	or	heliport	unless prior	coordination with	ATC	or	airport	management	is	made.- Operation	will	be	limited	to	day,	visual	meteorological	conditions.

- Aircraft	will	remain	within	visual	line	of	sight	of	the	PIC	and	VO	at	all	times.

- While	the	aircraft	is	airborne,	the	VO	will	be	within	voice	distan ce	of	the	PIC. The	PIC	and	VO	will	meet	the	requirements	outlined	in	FAA	Order	8900.1,	vol.	16,	ch 4.		The	PIC	will	hold	at	least	a	private	pilots	license. The	FAA	can	have	confidence	that	the	operation	will	have	an	equivalent	or	greater level	of	safety	as	that	of	manned	aircraft	per forming	the	same	operation	d ue	to	their lightweight	construction,	demonstrated	flight	performance,	qualified	flight	crew, and	strict	operational	guidelines

. Name	and	contact	information	of	applicant: Joseph	D.	Gartrell (303)	883

- 2447 Joey.Gartrell@gmail.com 2988	Deer	Creek	Trail Highlands	Ranch	CO,	80129 Regulations	from	which	an	exemption	is	requested:

- 14	CFR	Part	21

- 14	CFR	91.203

- 14	CFR	45.23,	45.29

- 14	CFR	91.9

- 14	CFR	61.113,	61.133

- 14	CFR	91.109,	91.119

- 14	CFR	91.12 1,	91.151

- 14	CFR	Subpart	E	(91.401

– 91.417) We	are	prepared	to	modify	or	amend	any	part	of	this	request	to	satisfy	the	need	for an	equivalent	level	of	safety.		We	look	forward	to	working	with	your	office.		Please contact	us	at	any	time	if	you	require	add itional	information	or	clarification. Sincerely,
Joseph	D.	Gartrell Chief	Pilot

– Harvest Aerial Imaging	Ltd. Appendices: A. Exemption	Request	and	Equivalent	Level	of	SafetyAppendix	A:		Exemption	Request	and	Equivalent	Level	of	S afety

Harvest Aerial Imaging	Ltd.	Requests	an	exemption	from	the	following	regulations as	well	as	any	additional	regulations	that	may	technically	apply	to	the	operation	of 3DR	UAS: 14	CFR	Part	21,	Subpart	H:	Airworthiness	Certificates This	part	establishes	the	procedu res	for	the	issuance	of	an	airworthiness	certificate. While	the	FAA	continues	to	work	to	develop	airworthiness	standards	for	UAS,	we request	an	experimental	certificate	be	issued	for UAS	under	either	or	both	of	the following	provisions: 21.191	Experimental	certificates:		Experimental	certificates	are	issued	for	the following	purposes:	(a)	Research	and	development.		Testing	new	aircraft	design concepts,	new	aircraft	equipment,	new	aircraft	installations,	new	aircraft	operating techniques,	or	new	uses	for	a ircraft.	(b)	Showing	compliance	with	regulations. Conducting	flight	tests	and	other	operations	to	show	compliance	with	the airworthiness	regulations	including	flights	to	show	compliance	for	issuance	of	type and	supplemental	type	certificates	flights	to	su bstantiate	major	design	changes,	and flights	to	show	compliance	with	the	function	and	reliability	requirements	of	the regulations. Since	the	experimental	certificate	can	be	used	for	commercial	purposes	such	as market	surveys,	sales	demonstrations,	and	c ustomer	crew	training,	we	would	expect that	an	experimental	certificate	would	permit	our	commercial	purpose	as	well. The	aircraft	will	not	carry	persons	or	property,	will	not	carry	fuel,	and	will	only	fly under	strict	operational	requirements.		Combined	with	the	fact	that	the	aircraft weighs	less	th an	55	lbs.,	we	propose	that UAS	will	be	at	least	as	safe,	if	not	safer, than	a	conventionally	certificated	aircraft	performing	the	same	mission. If	an	experimental	airworthiness	certificate	is	not	appropriate	f or	this	application, then	we	request	an	exemption	of	14	CFR Part	21,	Subpart	H,	and	the	requirement for	an	airworthiness	certificate	in	general,	citing	the	equivalent	level	of	safety outlines	in	the	previous	paragraph. 14	CFR	91.203(a)	&	(b)	Civil	aircraf t:		Certification	required. The	regulation	provides	that	an	airworthiness	certificate,	with	the	registration number	assigned	to	the	aircraft	and	a	registration	certificate	must	be	aboard	the aircraft.		Additionally,	subparagraph	(b)	provides	that	the	airw orthiness	certificate be	“displayed	at	the	cabin	or	cockpit	entrance	so	that	it	is	legible	to passengers	or crew.”		Each UAS	is	too	small	to	carry	documentation,	does	not	have	an	entrance, an d is	not	capable	of	carrying	passengers	or	crew.To	obtain	an	eq uivalent	level	of	safety	and	meet	the	intent	of	91.203,	we	propose

that	documents	deemed	appropriate	for	this	aircraft	by	the	FAA	will	be	located	with the	crew	at	the	ground	control	station	and	available	for	inspection	upon	request. 14	CFR	45.23	Display	o f	marks;	general	and	45.29	Size	of	marks. These	regulations	provide	that	each	aircraft	must	display	“N”	and	the	air craft’s registration	number	in	letters	at	least	three inches	high.		Additionally,	the	aircraft must	display	the	word	“EXPER IMENTAL”	in letters	at	least	two inches	high	near	the entrance	to	the	cabin,	cockp it,	or	pilot	station.		Each UAS	does	not	have	an	entrance in	which	the	word	“EXPERIMENTAL”	can	be	placed,	and	may	not	have	a	registration number	assigned	to	it	by	the	FAA. We	propose	to achieve	an	equivalent	level	of	safety	by	including	the	word “EXPERIMENTAL”	on	the	top	of	the	aircraft,	where	the	PIC,	VO	and	others	in	the vicinity	of	the	aircraft	while	it	is	preparing	for	launch	will	see	it. In	addition,	we propose	a	banner	flying	at	the	ground	station	that	contains	the	words	“Unmanned Aircraft	Ground	Station”	displayed	in	3

- inch	high	letters	so	that	anyone	investigating can	find	the	origin	of	the	UAS. 14	CFR	91.9	Civil	aircraft	flight	manual,	marking,	and	placard	requirements. This	r egulation	provides	that	no	person	may	operate	an	aircraft	unless	a	current, approved	flight	manual	is	in	the	aircraft.		We	assume	that	the	intent	of	this requirement	is	to	ensure	that	flight	manual	information	is	available	to	the	aircrew while	operating	th e	aircraft.		We	request	an	exemption	to	this	requirement	since	the aircraft	is	not	only	too	small	to	carry	documentation,	the	documentation	would	not be	available	to	the	crew. To	obtain	an	equivalent	level	of	safety	and	meet	the	intent	of	91.9,	we	propose that	a current	flight	manual	must	be	available	to	the	crew	at	the	ground	station	anytime the	aircraft	is	in,	or	preparing	for,	flight. 14	CFR	61.113	Private	pilot	privileges	and	limitations:	Pilot	in	Command	and	41.133 Commercial	pilot	privileges	and	lim itations. The	regulation	provides	that	no	person	that	holds	a	private	pilot	certificate	may	act as	pilot	in	command	of	an	aircraft	for	compensation	or	hire.		Subparagraph	(b) allows	a	private	pilot	to	act	as	pilot	in	command	of	an	aircraft	in	connection	with any	business	or	employment	if:	(1)	The	flight	is	only	incidental	to	that	business	or employment;	and	(2)	The	aircraft	does	not	carry	passengers	or	property	for compensation	or	hire. Our	proposed	operations	meet	the	re quirements	of	8900.227	para16(c)(2 )(c) “Operations	without	a	pilot	certificate”	in	which	the	PIC	is	required	to	complete“FAA	private	pilot	ground	instruction”	and	pass	“the	FAA	Private	Pilot	written

examination.”		Since	there	are	currently	no	means	available	for	the	pilot	of	a	UAS	to gain the	experience	in	an	equivalent	category	and	class	in	order	to	apply	for	a commercial or	private pilot’s	license,	we	propose	to	generate	an	equivalent	level	of safety by	requiring	our	pilots	to	complete,	at	a	minimum,	FAA	private	pilot	ground instruction, and	pass	the	FAA	private	pilot	written	examination

. The	key	factors needed	for	the	safe	operation	of	the	UAS	are	knowledge	of	the	airspace	within	which the	operation	will	take	place	and	how	that	airspace	fits	into	the	National	Airspace System	(NAS).		Thi s	knowledge	can	be	obtained	through	our	proposed	PIC requirements. 14	CFR	91.109	Flight	instruction;	Simulated	instrument	flight	and	certain	flight tests. The	regulation	provides	that	“No	person	may	operate	a	civil	aircraft	that	is	being used	for	fligh t	instruction	unless	that	aircraft	has	fully	functioning	dual	controls.” The UAS	ground	control	station	is	based	on	a	small	hand

- held	radio	controller	and,	if applicable,	a	mobile	device.		While	it	does	not	offer	a	second	set	of	“controls”,	both the	stude nt	and	instructor	can,	and	will,	operate	the	single	set	of	controls simultaneously.		With	both	student	and	instructor	having	“hands

- on”	the	controls during	flight,	we	feel	that	this	technique	meets	the	intent	of	9.109	and	provides	an equivalent	level	of	sa fety. 14	CFR	91.119	Minimum	safe	altitudes:	General The	regulation	provides	that	over	sparsely	populated	areas	the	aircraft	cannot	be operated	closer	than	500	feet	to	any	person,	vessel,	vehicle,	or	structure.		Since	the aircraft	will	be	operating	at	a	m aximum	of	400	feet	AGL,	we	cannot	comply	with	this requirement. To	provide	an	equivalent	level	of	safety	we	will	only	fly	over	private	property	with the	permission	of	the	landowner.		The	landowner	will	be	briefed	on	the	expected route	of	flight	and	the	as sociated	risks	to	persons	and	property	on	the	ground.		We maintain	that	du e	to	the	small	size	of	each UAS,	the	hazard	to	persons,	vessels, vehicles,	and	structures	is	not	comparable	to	manned	aircraft	and	should	be considered	in	granting	the	exemption.		Th e	aircraft	will	be	operated	at	an	altitude allowing,	if	a	power	unit	fails,	an	emergency	landing	without	undue	hazard	to persons	or	property	on	the	surface. 14	CFR	91.121	Altimeter	settings. The	regulation	provides	that	aircraft	shall	maintain	cruising	a ltitudes	by	reference to	an	altimeter	setting	available	within	100	nautical	miles	of	the	aircraft.		The aircraft	will	fly	below	400	feet	AGL	and	will	not	need	to	maintain	hemispherical cruising	altitudes	in	order	to	de

- conflict	with	other	aircraft.		As	suc h,	an	appropriate altimeter	measurement	presented	to	the	pilot	should	be	Above	Ground	Level	andshould	be	based	on	the	digitally	encoded	telemetric	data	feed,	which	downlinks

from	the	aircraft	to	a	ground

- based	on

- screen	display.		The	altitude	information will be	generated	by	equipment	installed	onboard	the	UAS,	using	GPS	triangulation, digitally	encoded	barometric	altimeter,	radio	altimeter,	or	any	combination	thereof. Prior	to	each	flight,	a	zero	altitude	initiation	point	will	be	established	and	c onfirme d for	accuracy	by	the PIC.		Since	the	aircraft	will	fly	no	more	than	30	minutes,	even rapid	changes	in	barometric	pressure	will	have	limited	effect	on	the	safety	of	the flight. 14	CFR	91.151	Fuel	requirements	for	flight	in	VFR	conditions. The	regulation provide	that	no	person	may	begin	a	flight	in	an	airplane	under	day

VFR	conditions	unless	there	is	enough	fuel	to	fly	to	the	first	point	of	intended landing	and	to	fly	after	that	for	at	least	30	minutes.		We	feel	the	intention	of	this paragraph	is	to	provid e	a	reserve	of	energy	as	a	safety	buffer	for	go

- arounds	and other	delays	to	landing. Each UAS	is	battery	operated	and	the	maximum	duration	of	flight	from	a	single battery	charge	is	30	minutes	or	less.		Since	the	aircraft	will	never	fly	more	than	VLOS from the	POC	and	the	VO	near	the	point	of	intended	landing,	a	full	battery	charge	at launch	will	ensure	that	we	meet	the	reserve	energy	requirement of	this	paragraph. The	UAS	will	not	be	operated	unless	it	can	begin	the	flight	with	enough	power	to complete	th e	intended	operation	and	operate	after	that	for	at	lease	five	minutes	or with	the	reserve	power	recommended	by	the	manufacturer.		We	request	an exemption	to	the	word	“fuel”	and	ask	for	an	equivalent	interpretation	with	the	word “energy”. 14	CFR	Subpart	E (91.401

– 91.417)	Maintenance,	Preventive	Maintenance,	and Alterations. The	regulation	provides	that	the	operator	is	primarily	responsible	for	maintaining the	aircraft	in	an	airworthy	condition,	including	compliance	with	part	39	and	43. Paragraphs	91.407 and	91.409	require	that	the	aircraft	be	“approved	for	return	to service	by	a	person	authorized	under	43.7”	after	maintenance	and	inspection.		It	is our	intention	that	the	PIC	perform	maintenance	and	inspection	of	the	UAS	and	“be authorized	to	approve	the aircraft	for	return	to	service.” The	UAS	will	be	maintained	in	accordance	with the	manufacturer’s	maintenance, overhaul,	replacement,	inspection,	and	life	limit	requirements	for	both	the	system and	related	components.		Maintenance	performed	by	the	PIC	is limited	to	repairing small	cracks,	replacing	a	propeller,	and	updating	software	and	firmware. The manufacturer	or	the	manufacturers	authorized	technician	will	perform	all	other maintenance .		The	PIC	will	document	work	performed	in	accordance	with	91.417. We	feel	that	due	to	the	size,	construction,	and	simplicity	of	the	aircraft,	the	PIC	can ensure	an	equivalent	level	of	safety.Any	UAS	that	has	undergone	maintenance	or	alterations	that	affect	the	UAS

operation	or	flight	characteristic	will	undergo	a	functional	test	flight	prior	to conducting	further	operations.		Functional	test	flights	will	only	be	conducted	by	a qualified	PIC	with	a	VO	and	will	remain	500	feet	from people.