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### 17 December 2015
U.S. Department ofTransportation Docket Management System 1200 New Jersey Ave S.E. Washington, D.C.
Re: Exemption Petition for Snowy Owl Productions, LLC Regulatory Docket No

. FAA-2015-0947

A. Petition Summary 

### 4200 James Ray Drive Suite 161 Grand Forks, ND 58202 Tel: 701-738-4825 matt@ skyskopes.com

Snowy Owl Productions, dba. SkySkopes ("SkySkopes") hereby respectfully requests expedited approval and necessary exemptions from the Federal Aviation Administration's ("FAA") airworthiness certification and related requirements (i.e., 14 C.P

.R. part 21 and 137, and 14 C.P.R.§§ 61.113(a), 91.7(a), 91.103 , 91.109, 91.119, 91.121, 91.151(b), 91.405(a), 91.407(a)(1), 91.409(a)(2), 91.417(a)-(b), and 91

. 1501) for the purpose ofoperating its remotely-piloted helicopter, the RMAX, to provide commercial agricultural-related services in the United States

. The RMAX is 9 feet long and 3 feet 6 inches tall, weighs 141 lbs. dry weight, has a load capacity ofapproximately 61 lbs., and is operated by a trained pilot and spotter maintaining visual line-of-sight. The RMAX has been safely and extensively used to provide agricultural related services in Japan, Australia, and other countries for over 20 years, as well as in testing in the United States

. The RMAX has logged over 2 million flight hours and proven to be a safe, efficient, and effective unmanned aircraft system ("UAS") for these purposes, as most recently determined by Australia's Civil Aviation Safety Authority ("CASA"). SkySkopes seeks the exemptions to bring the commercial benefits ofthe RMAX to the United States. SkySkopes seeks the exemptions pursuant to Section 333 ofthe FAA Modernization and Reform Act of 2012, Pub. L. No. 112-95 , 126 Stat. 11 (to be codified at 49 U.S.C. § 40101 (2012)) (" Section 333 ") and the FAA's general exemption authority under 49 U.S

.C. 

### §44701(£) (" Section 44701(t)")

. The requested exemptions satisfy the applicable statutory criteria and policies, will serve the public interest, would not adversely affect safety, and would provide a level ofsafety at least equal to the existing airworthiness and related regulations. 

### B. Background 1

. SkySkopes Applicant SkySkopes is a United States corporation based in Grand Forks, ND

. SkySkopes is exploring new and innovative agricultural uses for the RMAX in the United States.

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2.RMAX The RMAX is a remotely-piloted helicopter controlled by trained, on-site pilots using a radio transmitter. 

### See Exhibit 1. The RMAX is powered by a 2-cylinder, 246-cc engine that sounds much like a small motorcycle when operating. It uses regular unleaded fuel with 2-stroke engine oil and has a maximum output of21 horsepower. The RMAX is 9 feet long and 3 feet 6 inches tall. It weighs 141 lbs. dry weight. For agricultural spraying, the RMAX has approximately a 61lbs.load capacity for both liquid (4.25 gallons) and granular (7 gallons) applications. 

### See Exhibit 2. The RMAX is generally flown at speeds of 12 mph or less at heights below 20 feet. The RMAX has been safely and extensively used for agricultural purposes for over 20 years in Japan. Most recently, the RMAX was approved for use in Australia by its national aviation safety authority, CASA. The FAA and CASA have a bilateral agreement for the promotion ofaviation safety. The Rmax is also approved for use in South Korea. To date, the RMAX has logged over 2 million flight hours. Approximately 2,600 RMAX are currently in use, treating more than 2.4 million acres offarmland each year in Japan alone (equivalent to treating the entire states ofDelaware and Rhode Island combined). In the United States, the RMAX has been used for research and development purposes by the University ofCalifornia- Davis ("UC Davis"). The UC Davis project has involved the spraying ofvineyards in Napa Valley, California, pursuant to an FAA Certificate ofAuthorization ("CO

### A''). Since the project was started in the summer of2012, the RMAX has safely and successfully flown approximately 30 hours. Leveraging their current Section 333 exemption, Yamaha has been operating the RMAX over cherry and apple orchards in Eastern Washington in order to explore the efficacy ofthe RMAX in agricultural uses other than aerial application. One such use is the drying ofcherry trees after precipitation. Every year this region suffers multiple manned helicopter crashes during cherry drying operations. The RMAX, being unmanned (along with its impeccable safety record), nearly eliminates the potential for injury or death during these low-altitude, high

-risk flights. The RMAX has also been and is being used in other research programs in the United States under COAs, involving Virginia Tech, Georgia Tech, and others public entities. C. Relevant Statutory Authority 1. Section 333 Section 3 3 3(a) states that the FAA "shall determine ifcertain unmanned aircraft systems may operate safely in the national airspace system before completion ofthe [comprehensive] plan and rulemaking required by section 332 ofthis Act or the guidance required by section 334 ofthis Act. " In Section 332(b)(l), Congress expressly described Section 333 as a pathway for "expedited operational authorization

." The FAA has committed to complying with this mandate; for example, FAA Administrator Michael P. Huerta informed Members ofCongress in September 2012 that: As mandated by Section 333 ofthe FAA Modernization and Reform Act, the FAA will seek additional opportunities to approve safe access under the provisions ofthis section. The agency is currently evaluating whether access to the operational area can be controlled to reduce risk to persons and property on the ground, as well as other users ofthe NAS [i.e., national airspace].

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Snowy Owl Prod uctio ns Section 333(b) identifies several factors that the FAA should consider in determining whether a UAS should be approved for certain uses in the NAS. These include UAS that, "as a result oftheir size, weight, speed, operational capability, proximity to airports and populated areas, and operation within visual line ofsight do not create a hazard to users ofthe [NAS] or the public or pose a threat to national security

." Based upon these factors, and for purposes ofthis Petition, the FAA may determine that "airworthiness certification under section 44704 oftitle 49, United States Code" is not required for operation ofthe UAS for certain uses. In making that determination, the FAA "shall [also] establish requirements for the safe operation of' the UAS in the NAS. 2. Section 44701(£) In addition, the FAA Administrator has general authority to grant exemptions from its safety regulations and minimum standards when the Administrator decides a requested exemption is in the public interest. See 49 U.S.C. 

### § 44701(£) (authorizing the grant ofexemptions from a requirement ofregulations prescribed pursuant to section 44701(a}-(b) and sections 44702-44716). A party requesting an exemption must explain the reasons why the exemption (a) would benefit the public as a whole, and (b) would not adversely affect safety (or how it would provide a level ofsafety at least equal to the existing rules). For the reasons shown below, the RMAX qualifies for expedited approval and the requested exemptions under Sections 333 and 44701(f), subject to the proposed requirements for safe operation ofthe RMAX in the NAS. D. The RMAX Satisfies The Statutory Criteria For Approval Under Section 333. The RMAX is a type ofUAS that qualifies for expedited approval under Section 333 for the agricultural purposes proposed by SkySkopes. Each ofthe statutory criteria and other potentially relevant factors are satisfied: 1. Section 333(b)(l) Criteria

a. Size The RMAX is 9 feet long and 3 feet 6 inches tall. The main rotor is about 10 feet long. It extends 4 feet from each side ofthe RMAX, and Jess than 3 feet from the front. The tail rotor is about 1 foot 9 inches in diameter

. b. Weight The RMAX weighs 141 lbs. dry weight. For agricultural spraying, the RMAX has approximately a 61 lbs

. load capacity for both liquid (4.25 gallons) and granular (7 gallons) applications.

c. Speed For agricultural purposes, the 

### RMAX is generally flown at speeds of 12 mph or less. The 

### RMAX has a maximum speed ofapproximately 45 mph. d. Operational Capability The RMAX is capable ofproviding a wide array ofessential agricultural spraying services, including watering, fertilizers, pesticides, and herbicides. The RMAX can also be equipped with sensors and equipment to detect and monitor agricultural areas that require irrigation, fertilization, or other treatments. In many applications, the RMAX has proven to be more economical and effective than other spraying methods, helping farmers increase productivity, lower costs, and reduce the amount ofchemicals used.

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(II · ' Snowy Owl Productions Autonomous-featured RMAX are used in Japan to monitor radiation levels at the Fukushima nuclear reactor, drop measuring and sensing equipment into active volcanoes, conduct topographical surveying, and other purposes
. This petition does not cover RMAX models with autonomous features.
e. Proximity to Airports/Populated Areas For agricultural purposes, the RMAX is only flown over uninhabited areas (e.g. , fields, groves, and orchards) and away from airports (i.e., three nautical miles or more) or populated areas. In most applications, the RMAX is flown at low altitudes of20 feet or less. For field sensing and surveying, the RMAX is generally flown at altitudes of200 feet or less, with a maximum altitude ofless than 400 feet. In both cases, these altitudes are well below the airspace where manned vehicles operate (typically, 500 feet or higher) and lower than where many kites, hobby aircraft, and hobby helicopters fly. In addition, the RMAX is typically flown within a range ofonly 150 meters (i.e., 492 feet) from the operator. f. Visual Line-of-Sight For agricultural purposes, the RMAX is only flown during daylight hours, in good weather, and always within the pilot's line-of-sight. 

### See Exhibit 4. 

### In addition, under Yamaha protocol, the pilot is always accompanied by a trained "spotter," who is positioned at the opposite side ofthe agricultural area and is in constant radio communication with the pilot. The spotter ensures that the RMAX is always within lineof-sight, and helps identify and alert the pilot to any potential obstacles on the ground or in the air. By operating the RMAX only within line-of-sight, and at low altitudes and speeds, a pilot and/or spotter can see and avoid any other aircraft or other potential obstacles. This eliminates the need for other "sense and avoid" capabilities during such restricted operation, as well as the need for any method ofair traffic control communications. 

### AircraftSystems Operations in the US. NationalAirspace System (Mar. 13 , 2008) [hereinafter

### Interim UAS Guidance], (noting that "Visual Line-of-Sight" is "[a] method ofcontrol and collision avoidance that refers to the pilot or observer directly viewing the unmanned aircraft with human eyesight"). 2. Other Relevant Factors

a. Pilot/Spotter Training and Certification Yamaha has established comprehensive pilot and spotter training and certification requirements prior to use ofthe RMAX. The training and certification requirements that Yamaha most recently developed, in cooperation with CASA in Australia, include:
• A comprehensive UAV training course which includes theory and practical components; • A pilot theory exam; • Supervised flight training including agricultural spraying; • Completion ofYamaha's training program requirements including examination; and • Continued periodic training even after certification. Completion and satisfaction ofYamahatraining and certification requirements would be a condition for pilots and spotters operating the RMAX for agricultural purposes in the United States. 

### See Exhibit 5 (submitted on a confidential basis). In addition, for chemical applications, the pilot operating the RMAX would be certified under the FAA's rules governing Agricultural Aircraft Operations, 14 C.P.R. part 137 ("AAO Application").

# ~ (/1 , ' Snowy Owl Produ ctions The AAO Application requirements are designed for manned aircraft. Based on RMAX usage experience, Yamaha may seek an exemption from certain ofthese agricultural pilot certification requirements in the future (similar to certain allowances made by CASA for RMAX spraying operations in Australia). Exemptions from other AAO Application requirements relevant to the aircraft itselfare requested below. b. RMAX Production, Certification, and Maintenance Requirements In addition to pilot certification and training requirements, Yamaha has developed extensive production, certification, operation, and maintenance requirements for the RMAX, including ones recently adopted by CASA. These same kind of CASA-approved requirements would likewise be a condition for RMAX use in the United States. Additionally, all uses ofthe RMAX for agricultural purposes would be under the direction, supervision, and control ofYamaha

.
c. Safety Systems The RMAX has a host ofonboard safety systems, including:

• Self-Monitor Function (diagnostic before takeoff) ; • Altitude Control System ("YACS "); • GPS flight control system; • Loss link safety default (hover and land); • YACS and GPS Warning/Indicator Lights; • Speed Indicator Light; and • Rotor Brake (propellers tilt upon shut down to allow air resistance to quickly bring the propellers to full stop)

. RMAX units operated in the United States would include these onboard safety systems and features.
d

. Physical Security Yamaha will retain custody ofthe units and arrange for provision ofthe agricultural related services, which will only be performed by trained and certified pilots and spotters. This will enable Yamaha to maintain custody over each unit and to ensure saf e and proper usage. The same system has proven effective in other countries, without any loss or misuse ofRMAX units by third parties.

e. Privacy Yamaha and SkySkopes policies prohibit use ofthe RMAX in any way that might invade personal privacy. SkySkopes will comply with any federal, state, and/or local privacy policies or rules that may apply in particular areas where the RMAX is used. From a practical perspective, privacy has not been (and should not be) an issue for this kind ofusage, since it involves spraying, sensing, and surveying over farmland and other rural, uninhabited spaces. 3. Well-Established Performance and Safety Record The RMAX has a well-established performance and safety record that furtherjustifies expedited approval ofthe product for agricultural uses pursuant to Section 333. The RMAX has been extensively used for agricultural purposes for over 20 years in Japan. As noted above, more recently, the RMAX was approved for use in Australia by CASA. The RMAX is also approved for use in South Korea. To date, the RMAX has logged over 2 million flight hours, treating more than 2.4 million acres offarmland each year in Japan alone. During this more than two decade period, there have been no injuries due to problems with the aircraft in Japan, Australia, or South Korea. In the limited instances where a problem with the aircraft has

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(,, , \. Snowy Owl P r oductions occurred, the unit has either been safely landed and shut down by the pilot or fallen to the ground without personal injury. There have been no collisions with other aircraft. 4. Lack ofThreat to the NAS, Public, orNational Security Together, the relevant Section 333 criteria, proposed operating restrictions and requirements, Yamaha's established training, safety, and performance record, and the other factors discussed above mitigate any threat or risk ofhazard that the desired RMAX uses would pose to the NAS, public, or national security. For all ofthese reasons, the RMAX qualifies for expedited approval and exemption from airworthiness certification, pursuant to Section 333, for the specified uses and under the proposed operating requirements and restrictions. E. The RMAX Also Qualifies For The Requested Exemption Under Section 44701(f). The RMAX and its proposed uses also satisfy the requirements and policies for exemption under Section 4470l(f) from the FAA's related safety regulations. 

### See also 14 C.P.R. § 11.81 (setting forth petition requirements). 1. Public Interest Benefits As noted above, the RMAX can provide some agricultural services more efficiently, economically, and safely than other air- or ground-based methods. In the recent UC Davis project, for example, the RMAX was able to treat 11.1 acres ofa Napa Valley vineyard in the same time (one hour) that a conventional tractor took to treat 1

.2 acres. Other benefits identified in the project include:
• Greater operator safety (on steep/slippery hills and terrain); • Reduced chemical usage; • Reduced operator and other human exposure to chemicals; • No crop damage or soil compaction; and • Greater fuel efficiency.

These same public interest benefits will be realized for similar agricultural and other precision uses (e.g., mosquito/insect treatment) ofthe RMAX in the United States

. Farmers, growers, and land managers, therefore, will immediately benefit from the availability ofthe spraying services. These benefits will ultimately redound to American consumers. Usage experience and data resulting from the RMAX' s operations may also be valuable to the FAA in developing comprehensive rules for civil UAS integration. This represents an additional important public interest benefit that would be served by the requested exemption. 2. No Adverse Safety Effects Granting the Petition will not adversely affect aviation safety or pose any undue risks to the public. As shown above, the RMAX has logged over 2 million safe flight hours. CASA and additional aviation authorities (e.g., the Japan Agricultural Aviation Authority) have approved the RMAX for use in other countries recognizing that it has been and can be safely operated for commercial agricultural and related purposes. Moreover, although the requested exemption would enable SkySkopes to use the RMAX commercially in the United States, each use would be subject to further review by the FAA under the COA process. SkySkopes expects that, in each instance, use ofthe RMAX would be conditioned upon the same stringent training, certification, operating, manufacturing, maintenance, and other requirements and restrictions set forth above (collectively, "RMAX operating requirements and restrictions")-e.g. , for

# ~ t,, , \. Snowy Owl Producrions precision agricultural spraying purposes; use ofthe RMAX solely by trained pilots and spotters; during daylight and good weather; at speeds generally 12 mph and altitudes below 20 feet; and away from airports (three nautical miles or more) and inhabited areas. For these reasons, granting the requested exemptions would not adversely affect safety. Furthermore, the RMAX operating requirements and restrictions would provide a level ofsafety at least equal to the regulations covered by the exemptions. F. Description ofthe ReliefSought Based on the foregoing, the RMAX satisfies the relevant statutory criteria and related factors for expedited approval pursuant to Section 333 , including waiver ofairworthiness certification under Section 44704. In addition, the RMAX meets the requirements and policies for exemptions, pursuant to Section 44701(±), from the FAA's related airworthiness certification and related regulations (i.e., 14 C.P.R

. part 21 and 137, and 14 C.P.R.§§ 61.113(a), 91.7(a), 91.103, 91.109, 91.119, 91.121 , 91.151(b), 91.405(a), 91.407(a)(l), 91.409(a)(2), 91.417(a)-(b), and 91.1501).5 SkySkopes has attempted to identify the applicable FAA regulations for purposes ofthis Petition. To the extent that the FAA determines any other safety regulations might apply to the desired uses ofthe RMAX (and would not otherwise be addressed as part ofa future COA), SkySkopes further requests that its Petition be deemed to cover and seek exemption from any such other safety regulations for the reasons established above. 1. 14 C.F.R. Part 21 : Airworthiness Certification Part 21 establishes procedural requirements for certifications under Section 44704, including airworthiness certificates. Both Sections 333 and 44701(b) authorize the FAA to exempt aircraft from airworthiness certification under this Part. As shown above, the RMAX meets the criteria for exemption from Part 21 based upon consideration ofits size, weight, speed, operational capability, and proximity to airports and populated areas. See Section 333. Furthermore, the proposed use ofthe RMAX without an airworthiness certificate in the restricted operating environment and conditions identified above would be at least as safe, or safer than, conventional aircraft operating with an airworthiness certificate, and would provide multiple benefits to the public

. Therefore, SkySkopes requests an exemption from Part 21 ' s requirements for airworthiness certification

. 2. 14 C.P.R

. Part 27: Airworthiness Standards for Normal Category Rotorcraft Part 27 sets forth the procedural requirements for airworthiness certification ofnormal category rotorcraft

. To the extent the RMAX would otherwise require certification under Part 27, as a rotorcraft, SkySkopes requests an exemption from Part 27's airworthiness standards for the same reasons identified in subpart F.l, above. 3. 14 C.P.R. § 45

.23(b): Marking Requirements Section 

### 45.23(b) requires that on limited, restricted, or light-sport category aircraft, markings indicating the aircraft category must be displayed "near each entrance to the cabin, cockpit, or pilot station. " Exemption from§ 45.23(b) is warranted because the RMAX has no entrance to the cabin, cockpit, or pilot station on which the required marking can be displayed. SkySkopes proposes instead to display markings to the fullest extent possible in compliance with the location requirements of§ 45.27(a) and the size requirements of§ 45.29(±). Thus, SkySkopes requests an exemption to§ 45

.23(b)'s marking requirements. 4. 14 C

.P

.R. § 61.113(a): Private Pilot Privileges and Limitations: Pilot in Command**\y~**



# \,**~** t'/r ' ' Snowy Owl P roductions Section 61.113(a) limits private pilots to being in command ofnon-commercial flights. SkySkopes therefore requests an exemption to§ 61.113(a)'s commercial limitation. 5

. 14 C.F.R

. 

### § 91.7(a) : Civil Aircraft Airworthiness Section 91.7(a) requires that a civil aircraft be in an airworthy condition to be operated

. The RMAX has over two million flight hours and a stellar safety record, demonstrating that the UAS is airworthy. Furthermore, Yamaha' s CASA-approved flight manual and operating instructions include a comprehensive preflight safety protocol for operation ofeach unit. Nonetheless, to the extent that the requirements of§ 91.7(a) would otherwise apply to the RMAX, SkySkopes requests an exemption from these requirements for the same reasons stated in subparts F.1 and 2, above

. 6. 14 C.F.R. § 91.121: Altimeter Settings Section 91.121 requires a person operating an aircraft to maintain cruising altitude or flight level by reference to an altimeter that is set to the elevation ofthe departure airport or barometric pressure. The RMAX does not have a barometric altimeter, but rather its location is determined using a GPS, and its height is constantly monitored by the pilot in command and spotter, thus ensuring operation at safe altitudes. For these reasons, SkySkopes requests an exemption to § 91.121 's altimeter requirements

. 7. 14 C

.F.R. § 91

. 151(b) : Fuel Requirements for Flight in VFR Conditions Section 9l.151(b) prohibits a person from "begin[ning] a flight in a rotorcraft under VFR [(i.e., Visual Flight Rules)] conditions unless (considering wind and forecast weather conditions) there is enough fuel to fly to the first point ofintended landing and, assuming normal cruising speed, to fly after that for at least 20 minutes. " Although the RMAX has sufficient fuel capacity to provide for one hour offlight time, flight times for agricultural-related purposes are typically only 30 minutes due to the RMAX's load capacity for spraying and other applications. The RMAX is typically refueled while it refills its payload, and thus is likely to comply with the 20 minute requirement most ofthe time. Regardless ofthe potential for compliance, such a requirement is not necessary for the RMAX because it only operates 20 feet above an empty field, so the risk or danger associated with failing to reach a safe landing place is not present. Therefore, SkySkopes requests an exemption to§ 91.151(b)'s fuel requirements. 8. 14 CF.R

. 

### §§ 91.405(a); 91.407(a)(l); 91.409(a)(2); 91.417(a) & (b): Maintenance Inspections These regulations specify maintenance and inspection standards in reference to 14 C.P.R. Part 43

. 

### See, e.g., 14 C

.F

.R

. § 91.405(a) (stating that each owner or operator ofan aircraft " [s]hall have that aircraft inspected as prescribed in subpart E ofthis part and shall between required inspections

. .. have discrepancies repaired as prescribed in part 43 ofthis chapter"). An exemption to these regulations is needed because Part 43 and these sections apply only to aircraft with an airworthiness certificate, which the RMAX will not have. 

### See id. § 43.1(a). Furthermore, equivalent levels ofsafe maintenance and inspection can be achieved using the same kind ofCASA-approved maintenance requirements and Yamaha' s own certified technicians. 

### See Exhibit 6 (submitted on a confidential basis). Therefore, SkySkopes requests an exemption to the maintenance and inspection requirements contained in§§ 91.405, 91.407(a)(l), 91.409(a)(2), 91.417(a), and 91.417(b)

. 9. 14 C.P

.R. Part 137: Agricultural Aircraft Operations**\v ~** 



# \,**~** (,, , \ Snowy Owl Productions Part 137 provides requirements for the certification and operation ofagricultural aircraft. Some ofthese requirements include that the aircraft must be certificated and airworthy, 

### see 14 C.F.R. § 137

. 19(d), and "equipped with a suitable and properly installed shoulder harness for use by each pilot," id. § 137.31(b). These requirements, and many others contained in Part 137, were designed for manned aircraft and do not apply to the unmanned RMAX. Additionally, the RMAX will not have an airworthiness certification to satisfy the Part 137 requirements. Thus, SkySkopes requests an exemption from the Part 137 airworthiness certification and operations requirements for agricultural aircraft, for the same reasons stated in subparts F.1 and 2, above. 

### G. Conclusion SkySkopes, with roots in aerospace, both manned and unmanned, will uphold the highest standards for safe and legal operation ofthe RMAX during all operations. For all the reasons shown above, the RMAX satisfies the relevant statutory criteria and related factors for expedited approval pursuant to Section 333 , including waiver ofairworthiness certification under Section 44704, and meets the requirements and policies for exemptions, pursuant to Section 44701 (f), from the FAA' s related airworthiness certification and other specified regulations. Accordingly, SkySkopes requests that the foregoing reliefbe granted for the purpose ofoperating the RMAX to provide commercial agricultural-related services in the United States. This aircraft has been approved for commercial agricultural spraying in exemption 11448, and we respectfully request to fly under the same conditions of 11448. In addition, SkySkopes has been approved to fly other aircraft for aerial data collection under exemption number 11752. Ifwe can provide any additional informationto assistyour understanding orreview ofthis document, please do not hesitate to contact us at 701-738-4825 or via email at matt@skyskopes.com. Thank you.

Very respectfully,



# ~~ Matt Dunlevy President and CEO