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	senseFly:	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	systems

(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	awareness,	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,	and	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	manuals.		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	altitudes	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	distance	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	performing	the	same	operation	due	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	91.121,	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	additional	information	or	clarification.

Sincerely,

Joseph	D.	Gartrell

Chief	Pilot	– Harvest	Aerial Imaging	Ltd.		

Appendices:

A. Exemption	Request	and	Equivalent	Level	of	Safety
Appendix	A:		Exemption	Request	and	Equivalent	Level	of	Safety

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	procedures	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	aircraft.	(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	substantiate	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	customer	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	than	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	for	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	aircraft:		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	airworthiness	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,	

and is	not	capable	of	carrying	passengers	or	crew.
To	obtain	an	equivalent	level	of	safety	and	meet	the	intent	of	91.203,	we	propose	

that	documents	deemed	appropriate	for	this	aircraft	by	the	FAA	will	be	located	with	

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

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

These	regulations	provide	that	each	aircraft	must	display	“N”	and	the	aircraft’s	

registration	number	in	letters	at	least	three inches	high.		Additionally,	the	aircraft	

must	display	the	word	“EXPERIMENTAL”	in	letters	at	least	two inches	high	near	the	

entrance	to	the	cabin,	cockpit,	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	regulation	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	the	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	limitations.

The	regulation	provides	that	no	person	that	holds	a	private	pilot	certificate	may	act	

as	pilot	in	command	of	an	aircraft	for	compensation	or	hire.		Subparagraph	(b)	

allows	a	private	pilot	to	act	as	pilot	in	command	of	an	aircraft	in	connection	with	

any	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	requirements	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).		This	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	flight	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	student	and	instructor	can,	and	will,	operate	the	single	set	of	controls	

simultaneously.		With	both	student	and	instructor	having	“hands-on”	the	controls	

during	flight,	we	feel	that	this	technique	meets	the	intent	of	9.109	and	provides	an	

equivalent	level	of	safety.

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	maximum	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	associated	risks	to	persons	and	property	on	the	ground.		We	

maintain	that	due	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.		The	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	altitudes	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	such,	an	appropriate	

altimeter	measurement	presented	to	the	pilot	should	be	Above	Ground	Level	and	
should	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	confirmed	

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	dayVFR	conditions	unless	there	is	enough	fuel	to	fly	to	the	first	point	of	intended	

landing	and	to	fly	after	that	for	at	least	30	minutes.		We	feel	the	intention	of	this	

paragraph	is	to	provide	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	the	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.