Albany 

Atlanta 

Brussels 

Denver 

McKenn~ Long 

&: Aldridgew· 

1676 International Drive • Penthouse 

Mclean, VA 22102 

Northern Virginia 

Orange County 

Rancho Santa Fe 

San Diego 

Los Angeles Tel: 703.336.8800 

mckennalong.com 

San Francisco 

Miami Seoul 

New York Washington, DC 

Mark E. McKinnon 

703.336.8708 

Matthew J. Clark 

703.336.8714 

EMAIL ADDRESS 

mmckinnon@mckennalong.com 

mclark@mckennalong.com 

U.S. Department of Transportation 

Docket Management System 

1200 New Jersey Ave., SE 

Washington, DC 20590 

December 10, 2014 

Re: Petition of The Climate Corporation and Precision Planting LLC for an 

Exemption Pursuant to Section 333 of the FAA Modernization and Reform Act 

of2012 

Dear Program Analyst: 

Pursuant to Section 333 ofthe FAA Modernization and Reform Act of2012 ("Reform 

Act") and 14 C.F .R. Part 11, The Climate Corporation and related company Precision Planting 

LLC ("Climate"), both subsidiaries of the Monsanto Company, hereby apply for an exemption 

from the Federal Aviation Regulations ("F ARs") identified below, to allow commercial 

agricultural operations of small unmanned aerial vehicles (i.e., "small unmanned aircraft" or 

"UAS"). 

This petition for exemption is made based on information outlined in this Petition for 

Exemption, as well as the accompanying Climate UAS Operations Manual ("Operations 

Manual") and DJI Phantom 2 User Manual, Smart Flight Battery Safety Guidelines, Quick Start 

Guide, and Pilot Training Guide (collectively referred to as "Manufacturer's Manuals"). Climate 

submits these supporting materials as confidential documents pursuant to 14 C.F.R. § 11.35(b), 

as the materials contain confidential commercial and/or proprietary information that Climate has 

not and will not share with others. Additionally, these documents contain operating conditions 

and procedures that are not generally available to the public and are protected from release under 

the Freedom oflnformation Act, 5 U.S.C. § 552 et seq., and any other requirements established 

by the FAA pursuant to Section 333 of the Reform Act. 
U.S. Department of Transportation 

December 1 0, 2014 

Page 2 

For your convenience, this Petition is organized as follows: 

I. Description of Petitioner 

II. Types of Operations 

A. R&D and Training 

B. Commercial Precision Agriculture Modeling, Simulations and Imaging 

III. Relevant Statutory Authority 

IV. Climate's Proposed UAS Operations Meet the Requirements of Section 333 of the 

Reform Act 

A. Approval is Warranted Based on the UAS's Size, Weight, Speed, and 

Operational Capability 

B. Approval is Warranted Based on the Operational Restrictions Set Forth in 

the Operations Manual 

V. Regulations From Which Exemption is Sought 

A. 14 C.F.R. Part 21, Subpart H- Airworthiness Certificates and 14 

C.F.R. § 91.203 

B. 14 C.F.R. Part 27 Airworthiness Standards: Normal Category 

Rotorcraft 

C. 14 C.F.R. § 91.7(a): Civil Aircraft Airworthiness 

D. 14 C.F.R. § 91.9(b)(2): Civil Aircraft Flight Manual in the Aircraft and 14 

C.F.R. § 91.203(a) and (b): Carrying Civil Aircraft Certification and 

Registration 

E. 14 C.F.R. §§ 91.9(c), 45.23(b) and 45.27(a): Aircraft Marking and 

Identification Requirements 

F. 14 C.F .R. § 91.103: Preflight Action 

G. 14 C.F.R. § 91.109(a): Flight Instruction 

H. 14 C.F.R. § 91.119: Minimum Safe Altitudes 

I. 14 C.F .R. § 91.121: Altimeter Settings 

J. 14 C.F.R. § 91.151(a): Fuel Requirements for Flight in VFR 

Conditions 

K. 14 C.F.R. § 91.405(a), 91.407(a)(1), 91.409(a)(2); 91.417(a) and (b): 

Maintenance Inspections 

L. 14 CFR § 61.113: Private Pilot Privileges and Limitations 

VI. Drug and Alcohol Program 

VII. Public Interest 

VIII. Privacy 

IX. Federal Register Summary 

X. Conclusion 

I. DESCRIPTION OF PETITIONER 
U.S. Department of Transportation 

December 10, 2014 

Page 3 

Established in 1996 in Tremont, Illinois, Precision Planting LLC is a precision agriculture 

technology leader that develops the latest software, hardware and after-market production 

equipment to help farmers plant, harvest and analyze data from each field to improve yield and 

productivity. Precision Planting LLC manufactures a host of mechanical and monitoring 

products that allow farmers to produce more from their land while conserving more of our 

world's precious natural resources such as water and energy. 

Established in 2006 in San Francisco, California, The Climate Corporation has built the 

agriculture industry's most advanced technology platform combining hyper-local weather 

monitoring, agronomic data modeling, and high-resolution weather simulations to deliver a 

complete suite of full-season monitoring, analytics, and risk-management products. These 

products help farmers boost yields on existing farmland and better manage risks that occur 

throughout a crop season. With multiple offices throughout the United States, The Climate 

Corporation's unique technologies help stabilize and improve a farmer's profits and, ultimately, 

help feed the world. 

As of the date of this letter, The Climate Corporation's Climate BasicTM service was on 

over 50 million acres across the United States. Climate Basic is a free web and mobile service 

offering that uses advanced data science to help farmers optimize their daily decision making 

with field-level insights, from soil moisture levels, to crop growth stage, to current and future 

weather. 

In 2012, Precision Planting was acquired by the Monsanto Company. In 2013, The 

Climate Corporation was acquired by the Monsanto Company. 

Climate seeks an exemption to continue the long tradition of providing technologically 

driven and innovative solutions to solve important agronomic issues facing farmers and growers. 

Climate intends to use UASs for two primary purposes. First, Climate seeks an exemption to 

conduct training and research and development ("R&D") using UASs. Second, Climate seeks 

permission to use UASs for the commercial purpose of providing precision agriculture modeling, 

simulations and imaging. 

The contact information for Petitioner is as follows: 

Christopher Grewe 

Associate General Counsel - IP 

The Climate Corporation 

201 Third Street, Suite 1100 

San Francisco, CA 94103 

Direct Phone: (415) 787-3460 

Main Phone: (415) 363-0500 

Email: cgrewe@climate.com 
U.S. Department of Transportation 

December 10,2014 

Page4 

II. TYPES OF OPERATIONS 

A. Training and R&D 

Climate seeks the following exemptions to condu~t training and research and 

development at Monsanto and Climate facilities and properties, as well as properties owned by 

third parties where Climate has obtained express written consent for the operation. The test areas 

will not be open to the public and access will be restricted to those persons necessary for the 

performance of the work. The primary focus of Climate's R&D efforts is to evaluate how to best 

incorporate the UAS into Climate's agricultural research, modeling, simulation and imaging 

business operations and technology. 

In addition, Climate will conduct flight training, currency training, and maintenance test 

flights at these areas. These operations will be conducted under strict procedures that ensure that 

there is no possibility that the UAS will leave the test area or enter navigable airspace. These 

flights form a key part of Climate's safety strategy to ensure the highest level of flight crew 

competency as well as establishing the airworthiness of the UAS after any repair or overhaul. 

B. Commercial Precision Agriculture Modeling, Simulations and Imaging 

The second component of Climate's request for exemption focuses on the commercial 

application ofUASs to provide precision agriculture modeling, simulations and imaging for 

agricultural customers. Traditionally, imaging technology from the agricultural survey and 

inspection industry has had to rely on the use of full-scale rotorcraft or fixed-wing aircraft. For 

more than a century, these aerial surveys and inspections have afforded farmers and growers 

with the critical information like imaging that they need to maximize crop yield, in a 

conservative and sustainable manner. However conventional operations using rotorcraft and 

fixed-wing aircraft in low level operations present the risks associated with vehicles weighing 

thousands of pounds and carrying large amounts of fuel. It is important to note that the use of 

small UAS will not only provide information in a more cost efficient, sustainable, and ultimately, 

much safer manner, but the quality of the information will be far superior. For example, the use 

of small UASs can provide improved resolution and flexibility in imaging as low-flying UASs 

can collect sub-millimeter resolution crop images that support analysis that is not possible with 

satellite or aircraft images. Additionally, UASs can fly specified routes and hover at particular 

locations in the field to capture high-resolution images of specific locations in the field. 

III. RELEVANT STATUTORY AUTHORITY 

This Petition for Exemption is submitted pursuant to Section 333(a) through (c) of the 

FAA Modernization and Reform Act of2012 ("Reform Act"). Congress has directed the FAA 

"to safely accelerate the integration of civil unmanned aircraft systems into t~e national airspace 
U.S. Department of Transportation 

December 10, 2014 

Page 5 

system." Pursuant to Section 333 ofthe Reform Act, the FAA Administrator is to permit 

unmanned aircraft systems to operate in the National Air Space ("NAS") where it is safe to do so 

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 ofthe UAS within the visual line of sight ofthe operator. 

Additionally, the FAA Administrator has general authority to grant exemptions from the 

agency's safety regulations and minimum standards when the Administrator decides a requested 

exemption is in the public interest. See 49 U.S.C. § 106(£) (defining the authority of the 

Administrator); 49 U.S.C. § 44701(£) (permitting exemptions from§§ 4470l(a), (b) and 

§§ 44702-44716, et seq.). 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). See 14 C.F.R. § 11.81 

(petitions for exemption). 

IV. CLIMATE'S PROPOSED UAS OPERATIONS MEET THE REQUIREMENTS OF 

SECTION 333 OF THE REFORM ACT 

Climate's proposed operations in this Petition for Exemption qualify for expedited 

approval pursuant to Section 333 of the Reform Act as each ofthe statutory criteria and relevant 

factors are satisfied. 

A. Approval is Warranted Based on the UAS's Size, Weight, Speed, and 

Operational Capability 

Climate will use the DJI Phantom 2 quadcopter for the operations described in this 

Petition for Exemption. This UAS has a maximum take-off weight of less than 5 pounds. The 

UAS will be limited to a flight speed of 35 miles per hour or less, will not be flown in controlled 

airspace, and will be operated only in VFR conditions. All flights will be flown in such a way 

that they can be safely terminated with a reserve battery power of25% ofthe battery's maximum 

charge. The DJI Phantom 2 does not carry any flammable propellant or fuel. The UAS also has 

an integrated GPS system that calculates the UAS's position and height and relays that 

information via a secure connection to the operator. The UAS's reliable communication range is 

1000 meters, well within the distances that Climate will maintain between the operator and the 

vehicle. As a further means of protection, the U AS contains a failsafe mode if its connection to 

the remote control is lost, and this system permits the UAS to return to a predetermined location 

and land without injury or damage. 
U.S. Department of Transportation 

December 10, 2014 

Page 6 

B. Approval is Warranted Based on the Operational Restrictions Set Forth in 

the Operations Manual 

Together, the Climate Operations Manual and the Manufacturer's Manuals contain all the 

procedures and limitations necessary to successfully perform the operations specified in this 

Petition for Exemption. To assist the FAA in making a safety assessment of Climate's proposed 

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 UAS weighs 5 pounds or less. 

2. Flights will be operated within the visual line of sight of a pilot and an observer, 

and well within the secure communication range of the controller. 

3. Maximum total flight time for each operational flight will be limited to the 

amount of time the UAS 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 400 feet AGL and will not 

be conducted within navigable controlled airspace without prior written 

authorization from the FAA. 

5. Flights will be operated at a lateral distance of at least 500 feet from any persons, 

inhabited structures, vehicles or vessels that are not involved in the inspection 

unless permission has been received and appropriate waivers have been signed by 

the persons or property owners in advance. 

6. Flights will be limited to a speed of 35 mph and vertical ascent will be limited to 

15 mph. 

7. Minimum crew for each operation will consist of a pilot, who will be Pilot-in 

Command ("PIC") of the UAS, and one or more Visual Observers ("Observer") as 

necessary to safely conduct the mission. 

8. The Observer designated for any operation will be in constant voice contact with 

the pilot. 

9. The UAS will be operated and maintained according to the Manufacturer's 

Manuals and any manufacturer Safety Bulletins. 

10. Prior to the operation, there will be a Mission Plan setting forth the operational 

limitations and conditions for the mission, as well as key personnel contact 
U.S. Department of Transportation 

December 10, 2014 

Page 7 

information and a description of any potential hazards on or in the vicinity of the 

survey site. 

11. Climate will file a Notice to Airman ("NOT AM") with an appropriate air traffic 

control ("ATC") facility between 72 and 48 hours before the flight. 

12. A Certificate of Authorization ("COA'') will be obtained prior to flight. 

13. All required permissions and permits will be obtained from territorial, state, 

county or city jurisdictions, including local law enforcement, fire or other 

appropriate governmental agencies. 

14. Climate will coordinate operations with the appropriate Flight Standards District 

Office ("FSDO"). 

15. If the UAS loses communication with the pilot, it will have the capability to 

return to a pre-determined location within the operational area and land safely. 

16. Contingency plans will be in place to safely terminate flight if there is a loss of 

communication between the PIC and the Observer. 

1 7. The U AS will have the capability to abort flight in the case of unpredicted 

obstacles or emergencies. 

18. The PIC of the UAS will have at least a private pilot certificate and at least a 

current Class III Medical Certificate. 

19. Observers must have at least a current Class III Medical Certificate. 

20. All UAS operations will occur in daylight, VFR conditions. UAS Operations 

under Instrument Flight Rules, at night, or beyond visual line of sight are 

prohibited. 

V. REGULATIONS FROM WHJCH. EXEMPTION IS SOUGHT 

The Federal Aviation Act expressly grants the FAA the authority to issue exemptions. 

This statutory authority, by its terms, includes exempting civil aircraft, as the term is defined 
U.S. Department of Transportation 

December 10, 2014 

Page 8 

under§ 40101 of the Act, including UASs, from its safety regulations and minimum standards 

when the Administrator decides a requested exemption is in the public interest. 1 

Climate seeks an exemption from several interrelated provisions of 14 C.P.R. Parts 21, 

45, 61 and 91 for purposes of conducting the requested operations using a UAS. Listed below 

are: (1) the specific sections of 14 C.P.R. for which exemption is sought, and; (2) the operating 

procedures and safeguards that Petitioner has established which will ensure a level of safety 

better than or equal to the rules from which exemption is sought.2 

A. 14 C.F.R. Part 21, Subpart H- Airworthiness Certificates and 14 C.F.R. § 

91.203(a)(1) 

The FAA has stated that no exemption is needed from this section if a finding is made 

under the Reform Act that the UAS selected provides an equivalent level of safety when 

compared to aircraft normally used for the same application. These criteria are met, and 

therefore no exemption is needed. See Grant of Exemption to Astraeus Aerial, Docket No. FAA2014-0352 at 13-14, 22. If, however, the FAA determines that there are some characteristics of 

the chosen UAS that fail to meet the requirements of the Reform Act, an exemption is requested. 

Equivalent Level of Safety 

The UASs selected by Climate are safe when taking into account their size, weight, 

speed, and operational capability. As set forth in Section II, supra, the UAS weighs less than 5 

pounds and will be flown at less than 35 mph and completely outside controlled airspace. 

Additionally, the UASs carry neither pilots nor passengers, carry no explosive materials or 

flammable liquid fuels, and operate exclusively within the parameters stated in the Operations 

Manual. 

Operations conducted under this exemption will be closely controlled and monitored by 

the operator and will be conducted in compliance with local public safety requirements, to 

provide security for the area of operation. Climate will also provide the FAA with advance 

notice of all operations via NOTAMs and coordination with the local FSDO. In all cases, the 

1 See 49 U.S.C. § 44701(±) (authorizing the grant of exemptions from requirements of regulations 

prescribed pursuant to Sections 44701(a) and (b) and Sections 44702- 44716). 

2 See 14 C.P.R. § 11.81(e), which requires a petition for exemption to include: 

The reasons why granting the exemption would not adversely affect safety, or 

how the exemption would provide a level of safety at least equal to that provided 

by the rule from which you seek exemption. 
U.S. Department of Transportation 

December 10, 2014 

Page 9 

UAS operated under the proposed conditions, will be at least as safe as, or safer than 

conventional rotorcraft operating with an airworthiness certificate. 

Further, the UAS does not need a means to communicate with other aircraft or ATC, 

because those capabilities will be possessed by the PIC and Observer, who are not onboard. See 

Grant ofExemption, Docket FAA-2014-0352 at 13. In addition, no sense-and-avoid technology 

is necessary on the UAS because it will be operated at all times in VFR conditions and within 

visual line of sight. !d. 

B. 14 C.F.R. Part 27 Airworthiness Standards: Normal Category 

Rotorcraft 

14 C.F.R. Part 27 sets forth the procedural requirements for airworthiness certification of 

normal category rotorcraft. To the extent the Petitioner's UAS would otherwise require 

certification under Part 27, Petitioner seeks an exemption from Part 27's airworthiness standards 

for the same reasons identified in the request for exemption from 14 C.F .R. Part 21, Subpart H, 

supra. 

C. 14 C.F.R. § 91.7(a): Civil Aircraft Airworthiness 

Inasmuch as there will be no airworthiness certificate issued for the UAS, Climate seeks 

an exemption from 14 C.F.R. § 91.7(a), which requires that a civil aircraft be in airworthy 

condition to be operated. The FAA has stated that no exemption is required for 14 C.F .R. § 

91.7(a) to the extent that the requirements of Part 21 are waived or found inapplicable. See 

Grant of Exemption to Astraeus Aerial, Docket No. FAA-2014-0352 at 13-14, 22. Accordingly, 

Petitioner requests that the requirements for Section 91.7 be treated in accordance with Section 

V(A), supra. 

D. 14 C.F.R. § 91.9(b)(2): Civil Aircraft Flight Manual in the Aircraft and 14 

C.F.R. § 91.203(a) and (b): Carrying Civil Aircraft Certification and 

Registration 

Pursuant to 14 C.F.R. § 91.9(b)(2): 

(b) No person may operate a U.S.-registered civil aircraft-

(2) For which an Airplane or Rotorcraft Flight Manual is required by§ 21.5 of 

this chapter, unless there is available in the aircraft a current approved Airplane 

or Rotorcraft Flight Manual, approved manual material, markings, and placards, 

or any combination thereof. 

Pursuant to 14 C.F.R. § 91.203(a) and (b): 
U.S. Department of Transportation 

December 10, 2014 

Page 10 

(a) Except as provided in§ 91.715, no person may operate a civil aircraft unless 

it has within it the following: 

(1) An appropriate and current airworthiness certificate ... 

(b) No person may operate a civil aircraft unless the airworthiness certificate 

required by paragraph (a) of this section or a special flight authorization issued 

under § 91.715 is displayed at the cabin or cockpit entrance so that it is legible 

to passengers or crew. 

Given the small size and configuration of the UAS, it would be impossible to keep 

airworthiness documents and other aircraft manuals on board the UAS because there is simply no 

room. Also the UAS has no cabin or cockpit. 

Equivalent Level of Safety 

As acknowledged in an FAA Office of Chief Counsel's Opinion dated August 8, 2014, 

prepared by Dean E. Griffith, Attorney, AGC-220, the intent of 14 C.F.R. 91.9(b) and 91.203(a) 

and (b) is met if the pilot of the unmanned aircraft has access to the UAS flight manual, 

registration certificate, and other required documents from the ground control station from which 

he or she is operating the aircraft. The intent of the ru1e is to ensure the pilot has access to these 

key documents during flight. Therefore, an equivalent level of safety will be achieved by 

ensuring the pilot has access to the documents at the ground control station from which he or she 

is piloting the UAS. 

E. 14 C.F.R. §§ 91.9(c), 45.23(b) and 45.27(a): Aircraft Marking and 

Identification Requirements 

Climate seeks an exemption from the aircraft marking and identification requirements 

contained in 14 C.F.R. §§ 91.9(c), 45.23(b) and 45.27(a). 

• 14 C.F.R. § 91.9(c), Civil Aircraft Flight Manual, Marking and Placard requirements, 

provides that: 

No person may operate a U.S.-registered civil aircraft unless that aircraft 

is identified in accordance with Part 45 of this chapter. 

• 14 C.F.R. § 45.23(b), Markings of the Aircraft, states: 

When marks include only the Roman capital letter "N" and the registration 

number is displayed on limited, restricted or light-sport category aircraft 

or experimental or provisionally certificated aircraft, the operator must 

also display on that aircraft near each entrance to the cabin, cockpit, or 
U.S. Department ofTransportation 

December 10, 2014 

Page 11 

pilot station, in letters not less than 2 inches nor more than 6 inches high, 

the words "limited," "restricted," "light-sport, "experimental," or 

"provisional," as applicable. 

• 14 C.P.R. § 45.27(a), Rotorcraft, states: 

Each operator of a rotorcraft must display on that rotorcraft horizontally 

on both surfaces of the cabin, fuselage, boom, or tail the marks required by 

§ 45.23. 

In a previous Grant of Exemption, the FAA determined that exemption from these 

requirements was warranted provided that the aircraft "have identification (N-Number) markings 

in accordance with 14 C.F.R Part 45, Subpart C ifthe markings are as large as practicable." 

FAA Docket No. FAA-2014-0352. 

Equivalent Level of Safety 

Climate will mark all UAS with their N-Number on the fuselage. The markings will be 

made as large as practicable. 

F. 14 C.F.R. § 91.103: Preflight Action 

Climate seeks an exemption from 14 C.P.R.§ 91.103, which requires a PIC to become 

familiar with specific information before each flight, including information contained in the 

FAA-approved Flight Manual on board the aircraft. While the PIC will be familiar with all 

information necessary to safely conduct the flight, an exemption is requested to the extent that an 

FAA-approved Flight Manual is required. 

Equivalent Level of Safety 

An equivalent level of safety will be provided by following the Climate Operations 

Manual and the Manufacturer's Manuals. The PIC will take all required preflight actions -

including performing all required checklists and reviewing weather, flight requirements, battery 

charge, landing and takeoff distance, aircraft performance data, and contingency landing areas -

before initiation of flight. The Operations Manual and the Manufacturer's Manuals will be kept 

at the ground control station and will be accessible to the PIC at all times while operating the 

UAS. 

G. 14 C.F.R. § 91.109(a): Flight Instruction 

Climate seeks an exemption from 14 C.P.R.§ 91.109(a), which provides that "[n]o 

person may operate a civil aircraft (except a manned free balloon) that is being used for flight 

instruction unless that aircraft has fully functioning dual controls." UASs and remotely piloted 
U.S. Department of Transportation 

December 10, 2014 

Page 12 

aircraft, by their design, do not have functional dual controls. Instead, flight control is 

accomplished through the use of a device that communicates with the aircraft via radio 

communications. 

Equivalent Level of Safety 

Given the size and speed of the UAS that Climate intends to use, an equivalent level of 

safe training can still be performed without dual controls because no pilot or passengers are 

aboard the UAS, and as required by the Operations Manual, all persons will be a safe distance 

away in the event that the UAS experiences any difficulties during flight instruction. Moreover, 

Petitioner will conduct flight training at its R&D test sites, which are located on property it owns, 

leases or controls.3 As required by the Operations Manual, these training flights will be 

conducted in controlled and sterile areas where only persons who are participating in the work 

will be permitted. As a whole, the safety procedures provided for in Petitioner's Operations 

Manual ensure that the proposed UAS operations provide an equivalent or higher level of safety 

than the flight instruction regulations. 

H. 14 C.F.R. § 91.119: Minimum Safe Altitudes 

Climate requests an exemption from the minimum safe altitude requirements of 14 C.F.R. 

§ 91.119. Section 91.119 prescribes the minimum safe altitudes under which aircraft may not 

operate, including 500 feet above the surface and away from any person, vessel, vehicle, or 

structure in non-congested areas. See 14 C.P.R.§ 91.119(c). 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 the helicopter 

complies with any routes or altitudes specifically prescribed for helicopters by the FAA." 

An exemption is required because in order to perform the intended aerial surveys and 

inspections, the UAS will need to be operated lower than 400 feet AGL. Further, due to the 

nature of the proposed operations, the PIC and Observer(s) may at times be less than 500 feet 

away from the UAS. 

Equivalent Level of Safety 

Compared to flight operations with rotorcraft weighing far more than the maximum 

weights proposed herein, and given the lack of flammable fuel with the UASs, any risk 

associated with these operations is far less than those that presently exist with conventional 

3 The FAA has approved exemptions for flight training without fully functional dual controls for 

a number of aircraft and for flight instruction in experimental aircraft. See Exceptions Nos. 

5778K & 9862A. 
U.S. Department ofTransportation 

December 10, 2014 

Page 13 

aircraft. An equivalent level of safety will be achieved given the size, weight, and speed of the 

UASs, as well the controlled and sterile location where the operations will occur. In order to 

avoid any risk to manned aircraft, flight operations will be restricted to 400 feet AGL or below. 

As set forth in the Operations Manual, the UASs will be operated in a restricted area, away from 

persons or structures not involved in the operation. 

I. 14 C.F.R. § 91.121: Altimeter Settings 

This petition seeks an exemption from 14 C.F .R. § 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 required 

to the extent that the UASs do not have a barometric altimeter, but rather a GPS altitude read 

out. 

Equivalent Level of Safety 

The FAA has stated that an equivalent level of safety to the requirements of 14 C.F .R. § 

91.121 can be achieved in circumstances where: (1) the UASs will be operated at 400 feet AGL 

or below, (2) within visual line-of-sight, (3) where GPS based altitude information is relayed in 

real time to the operator at a ground-based on-screen display and, (4) where prior to each flight, a 

zero altitude initiation point is established for the PIC to confirm accuracy of the onboard GPS. 

See Grant ofExemption to Astraeus Aerial, Docket No. FAA-2014-0352 at 21. 

As the attached Operations Manual demonstrates, the UASs Climate intends to use meet 

these requirements. Moreover, our operating procedures require that a zero altitude initiation 

point be obtained prior to flight. Like Astraeus Aerial's petition for exemption, the UASs we 

intend to use, and the safety procedures contained in our Operations Manual, both ensure that an 

equivalent level of safety will be achieved, and a grant of exemption to the requirements of§ 

191.121 is therefore appropriate. 

J. 14 C.F.R. § 91.151(a): Fuel Requirements for Flight in VFR 

Conditions 

Climate requests an exemption from 14 C.F.R. § 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 

(considering wind and forecast weather conditions) there is enough fuel to fly to 

the first point of intended landing and, assuming normal cruising speed -

(1) During the day, to fly after that for at least 30 minutes; or 

(2) At night, to fly after that for at least 45 minutes. 
U.S. Department of Transportation 

December 10, 2014 

Page 14 

Here, the technological limitations on UAS battery power means that no meaningful 

flight operations can be conducted while still maintaining a 30-minute battery reserve. An 

exemption from the fuel requirements of 14 C.F.R. § 91.151(a) is therefore required. 

Equivalent Level of Safety 

The FAA has stated that an equivalent level of safety can be achieved by requiring that 

each UAS operation be completed within 30 minutes flight time or with 25% battery power 

remaining, whichever occurs frrst. See Grant of Exemption to Astraeus Aerial, Docket No. 

FAA-2014-0352. The Operations Manual conforms to this limitation, and therefore provides an 

equivalent level of safety. 

K. 14 C.F.R. § 91.405(a), 91.407(a)(1), 91.409(a)(2); 91.417(a) and (b): 

Maintenance Inspections 

Climate seeks an exemption from the maintenance inspection requirements contained in 

14 C.F.R. § 91.405(a), 91.407(a)(l), 91.409(a)(2); 91.417(a) and (b). These regulations specify 

maintenance and inspection standards in reference to 14 C.F.R. Part 43. See, e.g., 14 C.F.R. § 

91.405(a) (stating that each owner or operator of an aircraft "[s]hall 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 from these regulations is 

needed because Part 43 and these sections only apply to aircraft with an airworthiness certificate, 

which the UAS 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 the Manufacturer's Manuals and any applicable manufacturer 

Safety Bulletins. Further, as required by the Operations Manual, flights will not be conducted 

unless a pre-flight checklist covering all flight critical components of the UAS has been 

completed. The Operations Manual also contains recordkeeping requirements for routine, 

interval and post-flight maintenance. As a whole, the maintenance and inspection procedures in 

the Operations Manual ensure that an equivalent level of safety will be achieved. 

L. 14 C.F.R. § 61.113: Private Pilot Privileges And Limitations 

Petitioner seeks exemption from 14 CFR § 61.113, which restricts private pilot certificate 

holders from flying aircraft for compensation or hire, and would also require a second class 

medical certificate. The purpose ofPart 61 is to ensure that the skill and competency of any PIC 

matches the airspace in which the PIC will be operating, as well as requiring certifications if the 

private pilot is carrying passengers or cargo for hire. In this case, while the UASs will be 

operated as part of a commercial operation, it carries neither passengers nor cargo. 
U.S. Department ofTransportation 

December 10, 2014 

Page 15 

In the Grant of Exemption to Astraeus Aerial (FAA Docket No. FAA-2014-0352), the 

FAA determined that the unique characteristics ofUAS operation outside of controlled airspace 

did not warrant the additional costs and restrictions attendant with requiring the PIC to have a 

commercial pilot certificate and Class II Medical Certificate. 

The restrictions Climate has placed on its UAS operations meet or exceed the restrictions 

similarly imposed on Astraeus Aerial in FAA Docket No. FAA-2014-0352. Climate will only 

perform UAS operations in controlled and sterile areas away from persons and property not 

involved in the operation. The UASs will be flown based on visual line of sight at 400 feet AGL 

or below. Moreover, a NOT AM will be issued between 48 and 72 hours before the flight is to 

occur, and the flight will be conducted in coordination with the applicable FSDO. 

Equivalent Level of Safety 

In addition to these flight restrictions, Climate will further ensure safe operation by 

requiring that any PIC be thoroughly versed not only in airspace and communication 

requirements of Part 91 applicable to all aircraft, but also in the unique aspects ofUAS flight. 

Petitioner's pilots will be required to maintain an understanding of all normal, abnormal and 

emergency procedures of the UAS he or she is operating. Pilots will also be required to 

accumulate and log, in a manner consistent with 14 C.F.R. § 61.5l(b), a minimum of200 flight 

cycles and 25 hours of total time as a U AS rotorcraft pilot, and at least 1 0 hours piloting the U AS 

used to perform operations under this exemption. Petitioner's pilots will also be required to log 

at least 3 takeoffs and landings of the UAS used to perform operations under this exemption. 

The pilot currency requirements in our Operations Manual also require the pilot to have 

conducted at least 3 launch and recovery operations, and have accrued at least 5 hours of flight 

time with the UAS in the preceding 90 days to be considered current. The Operations Manual, 

including it pilot qualification, training, and currency requirements, ensure that our pilots are 

competent and proficient in the UAS they are operating. These procedures ensure that an 

equivalent or higher level of safety will be achieved. 

VI. DRUG AND ALCOHOL PROGRAM 

Climate has policies in place to ensure that no person may participate as a member of the 

flight team if they are under the influence of alcohol or any drug. 

VII. PUBLIC INTEREST 

The public interest will be served by granting Climate's Petition for Exemption. 

Congress has established a national policy that favors early integration ofUAS into the National 

Airspace System ("NAS") in controlled, safe working environments such as those proposed in 

this Petition. Granting this Petition for Exemption helps fulfill Congress' goal in passing Section 
U.S. Department of Transportation 

December 10, 2014 

Page 16 

333(a) through (c) ofthe Reform Act-the FAA Administrator's assessment ofwhether certain 

UAS may operate safely in the NAS before completion of the statutorily required rulemaking. 

The proposed UAS operations in this Petition for Exemption significantly improve safety 

and reduce risk by alleviating the public's exposure to danger and emissions associated with 

traditional agricultural aerial survey and inspection methods, namely, full size fixed-wing aircraft 

and rotorcraft. The UASs Petitioner intends to use are battery powered and create no emissions. 

Moreover, in the unlikely event that one of Petitioner's UASs crash, there is no fuel to ignite and 

explode. Any accident involving Petitioner's lightweight UASs will present significantly less 

danger to the pilot and other individuals on the ground than one involving a full size helicopter. 

Moreover, agricultural modeling, simulations and imaging resulting from Climate's UAS 

use will help provide farmers and growers with the information they need to produce more from 

their land while also conserving valuable resources like water and energy. The public as a whole 

will benefit from an agricultural industry that can harness the power of new technologies to 

produce more crops in a cost-effective, sustainable and environmentally conscious manner. 

VIII. Pruv ACY 

All Climate UAS operations shall be conducted in accordance with applicable federal, 

state, or local laws regarding privacy. Climate will not conduct flight operations over property 

that it does not own or control without the prior consent and knowledge ofthe property owner. 

Moreover, Climate will not capture or use images from neighboring properties within the vicinity 

ofUAS flight operations. 

IX. FEDERAL REGISTER SUMMARY 

Pursuant to 14 C.F.R. Part 11, the following summary is provided for publication in the 

Federal Register, should it be determined that publication is needed: 

Petitioner seeks an exemption from the following rules in Title 14 ofthe Code ofFederal 

Regulations: 

Part 21 , Subpart H; Part 27; 45.23(b); 45.27(a); 61.113; 91.7(a); 91.9(b)(2); 91.9(c); 

91.103; 91.109(a); 91.119; 91.121; 91.151(a); 91.203 (a) & (b); 91.405(a); 91.407(a)(1); 

91.409(a)(2); 91.417 (a) & (b). 

The exemption will enhance safety by reducing risk to the general public and property 

owners from the substantial hazards associated with performing equivalent agricultural aerial 

surveys and inspections with conventional fixed-wing aircraft, rotorcraft, or other methods. 

X. CONCLUSION 
U.S. Department of Transportation 

December 1 0, 2014 

Page 17 

Climate's Petition for Exemption satisfies the criteria articulated in Section 333 of the 

Reform Act of2012 including weight, speed, operating capabilities, proximity to airports and 

populated areas, operation within visual line of sight and national security. The proposed UAS 

operations will benefit the public as a whole by improving safety and reducing risk by alleviating 

human exposure to danger. The public also benefits from improving the quality and costeffectiveness of comparable agricultural surveys and inspections completed with conventional 

flight operations. 

In consideration ofthe foregoing, the Petition provides the FAA with more than adequate 

justification for granting of the requested exemptions allowing Climate to perform R&D and 

commercial precision agricultural modeling, simulations and imaging using UASs in accordance 

with this Petition and the attached Operations Manual. 

Very truly yours, 

f!Et:: 

Matthew J. Clark 

Counsel for Petitioner 

--
U.S. Department of Transportation 

December 10, 2014 

Page 18 

(The following attached items contain proprietary and commercial information exempt fi.·om 

disclosure under the Freedom of Information Act 5 U.S.C. § 522 et eq., and should be held in a 

separate ftle pursuant to 14 C.F.R. § 11.35(b)). 

Attachment A: The Climate Corporation UAS Operations Manual 

Attachment B: DJI Phantom 2 User Manual 

Attachment C: DJI Smart Flight Battery Safety Guidelines 

Attachment D: Phantom 2 Quick Start Guide 

Attachment E: Phantom 2 Pilot Training Guide