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 NewYork 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 ofTransportation DocketManagement System 1200 NewJersey Ave., SE Washington, DC 20590 December 10, 2014

Re: Petition ofThe Climate Corporation and PrecisionPlanting LLC for an ExemptionPursuantto Section 333 ofthe FAAModernization and Reform Act of2012 DearProgram 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 ofthe Monsanto Company, hereby apply for an exemption from the Federal Aviation Regulations ("FARs") identified below, to allow commercial agricultural operations ofsmall unmanned aerial vehicles (i.e., "small unmanned aircraft" or "UAS"). This petition for exemptionis made based on information outlined inthis Petitionfor Exemption, as well as the accompanying Climate UAS Operations Manual ("Operations Manual") and DJI Phantom 2 UserManual, 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 pursuantto 14 C.F.R. § 11.35(b), as the materials contain confidential commercial and/orproprietary informationthat Climate has not and will not share with others. Additionally, these documents contain operating conditions andprocedures that are not generally available to the public and are protected from release under the Freedom oflnformationAct, 5 U.S.C

. § 552 

### et seq., and any other requirements established by the FAApursuant to Section 333 ofthe Reform Act.U.S. Department ofTransportation December 10, 2014 Page 2

Foryour convenience, this Petition is organized as follows: 

### I. Description ofPetitioner II. Types ofOperations A. R&D and Training B. Commercial Precision Agriculture Modeling, Simulations and Imaging 

### III. Relevant StatutoryAuthority IV. Climate's Proposed UAS Operations Meetthe Requirements ofSection 333 ofthe Reform Act A. Approval is Warranted Based onthe UAS's Size, Weight, Speed, and Operational Capability B. Approval is Warranted Based onthe Operational Restrictions SetForth in the Operations Manual 

### V. Regulations FromWhich 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 AircraftFlight Manual inthe 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): AircraftMarking and IdentificationRequirements F. 14 C.F.R. § 91.103: PreflightAction 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 inVFR 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 PilotPrivileges and Limitations 

### VI. Drug and AlcoholProgram VII. Public Interest VIII. Privacy IX. FederalRegister Summary X. Conclusion



### I. DESCRIPTION OF PETITIONERU.S. Department ofTransportation December 10, 2014 Page 3

Established in 1996 inTremont, Illinois, Precision Planting LLC is a precision agriculture technology leader that develops the latest software, hardware and after-market production equipmentto help farmers plant, harvest and analyze data from each field to improve yield and productivity. Precision Planting LLC manufactures a host ofmechanical and monitoring products that allow farmers to produce more from their land while conserving more ofour world's precious natural resources such as water and energy. Established in 2006 in SanFrancisco, California, The Climate Corporationhas builtthe 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 offull-season monitoring, analytics, and risk-managementproducts. These products help farmers boost yields on existing farmland and bettermanage 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 ofthe date ofthis 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 thatuses 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, PrecisionPlanting was acquired bythe Monsanto Company. In 2013, The Climate Corporationwas acquired bythe Monsanto Company. Climate seeks an exemptionto continue the long tradition ofproviding 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 exemptionto conduct training and research and development ("R&D") using UASs. Second, Climate seeks permissionto use UASs for the commercial purpose ofprovidingprecision 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.comU.S. Department ofTransportation 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 andproperties, as well as properties owned by thirdparties 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 ofthe work. The primary focus ofClimate's R&D efforts is to evaluate howto 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 atthese areas. These operations will be conducted under strictprocedures that ensure that there is no possibilitythatthe UAS will leave the test area or enter navigable airspace. These flights form a key part ofClimate's safety strategy to ensure the highest level offlight crew competency as well as establishingthe airworthiness ofthe UAS after any repair or overhaul. 

### B. CommercialPrecision AgricultureModeling, Simulations and Imaging The second component ofClimate's request for exemption focuses onthe commercial application ofUASs to provideprecision agriculture modeling, simulations and imaging for agricultural customers. Traditionally, imagingtechnology from the agricultural survey and inspection industry has hadto rely onthe use offull-scale rotorcraft or fixed-wing aircraft. For more than a century, these aerial surveys and inspections have afforded farmers and growers withthe critical information like imaging thatthey needto maximize crop yield, in a conservative and sustainable manner. However conventional operations using rotorcraft and fixed-wing aircraft inlowlevel operations presentthe risks associated with vehicles weighing thousands ofpounds and carrying large amounts offuel. Itis importantto note thatthe use of small UAS will not only provide information in a more cost efficient, sustainable, andultimately, much safer manner, but the quality ofthe information will be far superior. Forexample, the use ofsmall UASs canprovide improved resolution and flexibility in imaging as low-flying UASs can collect sub-millimeterresolution crop images that support analysis that is notpossible with satellite or aircraft images. Additionally, UASs canfly specified routes and hover atparticular locations inthe field to capture high-resolutionimages ofspecific locations in the field. 

### III. RELEVANT STATUTORY AUTHORITY This Petition for Exemption is submitted pursuant to Section 333(a) through (c) ofthe FAA Modernization and Reform Act of2012 ("Reform Act"). Congress has directed the FAA "to safely accelerate the integration ofcivil unmanned aircraft systems into

**t~e** national airspaceU.S

. Department ofTransportation December 10, 2014 Page 5 system." Pursuantto Section 333 ofthe Reform Act, the FAA Administrator is to permit unmanned aircraft systems to operate intheNational Air Space ("NAS") where it is safe to do so based onthe following considerations:

• The UAS's size, weight, speed and operational capability;

• Operation ofthe UAS in close proximity to airports andpopulated areas; and

• Operation ofthe UAS within the visual line ofsight ofthe operator. Additionally, the FAAAdministratorhas general authority to grant exemptions from the agency's safety regulations andminimum standards whenthe Administrator decides a requested exemptionis inthe public interest. See 49 U.S.C. § 106(£) (defining the authority ofthe Administrator); 49 U.S.C. § 44701(£) (permitting exemptions from§§ 4470l(a), (b) and §§ 44702-44716, 

### etseq.). A party requesting an exemption must explain the reasons whythe exemption: (1) wouldbenefit the public as a whole, and (2) would not adversely affect safety (or how itwouldprovide a level ofsafety at least equalto 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 ofthe 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-offweight ofless than 5 pounds. The UAS will be limited to a flight speed of35 miles per hour or less, will notbe flown in controlled airspace, and will be operated only in VFR conditions. All flights will be flown in such a way that they canbe 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 communicationrange is 1000 meters, well within the distances that Climate will maintain between the operator and the vehicle. As a further means ofprotection, the UAS contains a failsafe mode ifits connection to the remote control is lost, and this system permits the UAS to return to a predetermined location and land without injury ordamage.

### U.S. Department ofTransportation 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 ofClimate's proposed operations, below is a summary of operational limitations and conditions that will ensure an equivalent orhigher level ofsafety to operations conducted under currentregulatory guidelines: 1. 

### The UAS weighs 5pounds or less. 2. Flights will be operated within the visual line of sight ofa pilot and an observer, and well within the secure communicationrange ofthe controller. 3. Maximum total flight time for each operational flight will be limited to the amount oftime the UAS can be flown and still maintain a reserve battery power ofno less than 25%. 4. Flights will be operated at an altitude ofno 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 ofat least 500 feet from any persons, inhabited structures, vehicles or vessels that are not involved in the inspection unless permission has beenreceived and appropriate waivers have been signed by the persons orproperty owners in advance. 6. Flights will be limited to a speed of35 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") ofthe UAS, and one or more Visual Observers ("Observer") as necessary to safely conductthe 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 ofTransportation December 10, 2014 Page 7

information and a description ofany potential hazards on or in the vicinity ofthe survey site. 11. Climate will file a Notice to Airman ("NOTAM") with an appropriate air traffic control ("ATC") facility between 72 and 48 hours before the flight. 12. A Certificate ofAuthorization ("COA'') will be obtainedprior 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 withinthe operational area and land safely. 16. Contingency plans will be in place to safely terminate flight ifthere is a loss of communication betweenthe PIC and the Observer. 1

7. The UAS 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 musthave 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 ofTransportation December 10, 2014 Page 8

under§ 40101 ofthe Act, including UASs, from its safety regulations and minimum standards whenthe 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 ofconducting 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 thatPetitionerhas established which will ensure a level ofsafety betterthan or equal to the rules from which exemptionis sought.2 

### A. 14 C.F.R. Part21, SubpartH- Airworthiness Certificates and 14 C.F.R. 

### § 91.203(a)(1) The FAA has stated that no exemption is needed from this section ifa finding is made under the Reform Act that the UAS selected provides an equivalent level ofsafety when compared to aircraft normally used for the same application. These criteria are met, and therefore no exemption is needed. See 

### Grant ofExemptionto Astraeus Aerial, DocketNo. FAA2014-0352 at 13-14, 22. If, however, the FAA determines that there are some characteristics of the chosenUAS that fail to meetthe requirements ofthe Reform Act, an exemption is requested. 

### EquivalentLevelof 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 neitherpilots nor passengers, carry no explosive materials or flammable liquid fuels, and operate exclusively withinthe 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 safetyrequirements, to provide security for the area ofoperation. Climate will also provide the FAA with advance notice ofall operations viaNOTAMs and coordination withthe local FSDO. In

### all cases, the

1 See 

### 49 U.S.C. § 44701(±) (authorizing the grant ofexemptions from requirements ofregulations 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 ofTransportation 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 orATC, because those capabilities will be possessed by the PIC and Observer, who are not onboard. See Grant ofExemption, DocketFAA-2014-0352 at 13. In addition, no sense-and-avoidtechnology is necessary onthe UAS because it will be operated at all times inVFR conditions and within visual line ofsight. 

### !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 categoryrotorcraft. To the extentthe Petitioner's UAS would otherwise require certification under Part 27, Petitioner seeks an exemptionfrom Part 27's airworthiness standards for the same reasons identified inthe request for exemptionfrom 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), whichrequires that a civil aircraft be in airworthy condition to be operated. The FAAhas stated that no exemption is required for 14 C.F.R. § 91.7(a) to the extentthat the requirements ofPart 21 are waived or found inapplicable. See Grant ofExemptionto Astraeus Aerial, DocketNo. FAA-2014-0352 at 13-14, 22. Accordingly, Petitioner requests that the requirements for Section 91.7 betreated 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 personmay operate a U.S.-registered civil aircraft- (2) For which an Airplane orRotorcraft Flight Manual is required by§ 21.5 of this chapter, unless there is available inthe aircraft a current approved Airplane orRotorcraft Flight Manual, approved manual material, markings, andplacards, or any combinationthereof. Pursuantto 14 C.F.R. § 91.203(a) and (b):

### U.S. Department ofTransportation 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) ofthis 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 ofthe UAS, itwould be impossible to keep airworthiness documents and other aircraft manuals onboard the UAS because there is simply no room. Also the UAS has no cabin or cockpit. EquivalentLevelof Safety 

### As acknowledged in an FAA Office ofChiefCounsel'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 ifthe pilot ofthe unmanned aircraft has access to the UAS flight manual, registration certificate, and otherrequired documents from the ground control station from which he or she is operating the aircraft. The intent ofthe ru1e is to ensure the pilot has access to these key documents during flight. Therefore, an equivalent level ofsafety 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): AircraftMarking 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 Placardrequirements, provides that: No person may operate a U.S.-registered civil aircraft unless that aircraft is identified inaccordance withPart 45 ofthis chapter.

• 14 C.F.R. § 45.23(b), Markings ofthe 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, orU.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 onboth surfaces ofthe cabin, fuselage, boom, or tail the marks required by § 45.23. In aprevious Grant ofExemption, the FAA determined that exemption from these requirements was warrantedprovidedthat 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 DocketNo

.FAA-2014-0352. 

### EquivalentLevelof Safety Climate will mark all UAS withtheirN-Number onthe fuselage. The markings will be made as large as practicable. 

### F. 14 C.F.R. 

### § 91.103: PreflightAction Climate seeks an exemption from 14 C.P.R.§ 91.103, whichrequires a PIC to become familiar with specific information before each flight, including information contained in the FAA-approved Flight Manual onboard the aircraft. While the PIC will be familiar with all informationnecessary to safely conduct the flight, an exemption is requested to the extentthat an FAA-approved Flight Manual is required. 

### EquivalentLevelof Safety Anequivalent level ofsafety 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 takeoffdistance, aircraft performance data, and contingency landing areas - before initiation offlight. 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): FlightInstruction Climate seeks an exemption from 14 C.P.R.§ 91.109(a), whichprovides that "[n]o person may operate a civil aircraft (except a manned free balloon) that is being used for flight instructionunless that aircraft has fully functioning dual controls." UASs and remotely pilotedU.S. Department ofTransportation December 10, 2014 Page 12

aircraft, bytheir design, do not have functional dual controls. Instead, flight control is accomplished throughthe use ofa device that communicates withthe aircraft viaradio communications. EquivalentLevelof Safety Given the size and speed ofthe UAS that Climate intends to use, an equivalent level of safe training can still be performed without dual controls because no pilot orpassengers are aboard the UAS, and as required bythe 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 onproperty it owns, leases or controls. 3 As required bythe Operations Manual, these training flights will be conducted incontrolled and sterile areas where only persons who are participating inthe work will bepermitted

. As a whole, the safetyprocedures provided for in Petitioner's Operations Manual ensure thatthe proposed UAS operations provide an equivalent orhigher level ofsafety 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 helicopterto operate at less than those minimum altitudes whenit canbe operated "without hazardto persons orproperty onthe surface," providedthat "eachperson operating the helicopter complies with any routes or altitudes specifically prescribed for helicopters bythe FAA." An exemption is required because in orderto perform the intended aerial surveys and inspections, the UAS will needto be operated lowerthan400 feet AGL. Further, due to the nature ofthe proposed operations, the PIC and Observer(s) may at times be less than 500 feet away from the UAS. EquivalentLevelof Safety Compared to flight operations withrotorcraft weighing far more than the maximum weights proposed herein, and giventhe lack offlammable fuel with the UASs, any risk associated with these operations is far less than those that presently exist with conventional

3 The FAAhas approved exemptions for flight training without fully functional dual controls for a number ofaircraft and for flight instruction inexperimental aircraft. See Exceptions Nos. 5778K & 9862A.U.S. Department ofTransportation December 10, 2014 Page 13

aircraft. An equivalent level ofsafety will be achieved giventhe size, weight, and speed ofthe UASs, as well the controlled and sterile location where the operations will occur. In orderto avoid any riskto manned aircraft, flight operations will be restrictedto 400 feet AGL orbelow. As set forth inthe Operations Manual, the UASs will be operated in a restricted area, away from persons or structures not involved inthe operation. I. 14 C.F.R. § 91.121: Altimeter Settings This petition seeks an exemptionfrom 14 C.F.R. § 91.121, whichrequires a person operating an aircraft to maintain cruising altitude or flight level by reference to an altimeterthat is setto the elevation ofthe departure airport orbarometric pressure. An exemption is required to the extentthatthe UASs do nothave a barometric altimeter, butrather a GPS altitude read out. EquivalentLevelof Safety The FAAhas statedthat an equivalent level ofsafety 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 orbelow, (2) within visual line-of-sight, (3) where GPS based altitude information is relayed in real timeto the operator at a ground-based on-screen display and, (4) where priorto eachflight, a zero altitude initiationpoint is established for the PIC to confirm accuracy ofthe onboard GPS. See Grant ofExemptionto Astraeus Aerial, DocketNo. 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 pointbe obtained priorto flight. Like Astraeus Aerial's petitionfor exemption, the UASs we intend to use, andthe safety procedures contained in our Operations Manual, both ensure that an equivalent level ofsafety will be achieved, and a grant ofexemptionto 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 exemptionfrom 14 C.F.R. § 91.151(a)'s fuel requirements for flight inVFR 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 ofintended landing and, assuming normal cruising speed

- (1) During the day, to fly afterthat for at least 30 minutes; or (2) Atnight, to fly after that for at least 45 minutes.U.S. Department ofTransportation December 10, 2014 Page 14

Here, the technological limitations onUAS battery powermeans 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. 

### EquivalentLevelof Safety The FAA has stated that an equivalent level ofsafety can be achieved byrequiring that each UAS operation be completed within 30 minutes flight time or with 25% batterypower remaining, whichever occurs frrst. See Grant ofExemption to Astraeus Aerial, DocketNo. FAA-2014-0352. The Operations Manual conforms to this limitation, and therefore provides an equivalent level ofsafety. 

### K. 14 C.F.R. 

### § 91.405(a), 91.407(a)(1), 91.409(a)(2); 91.417(a) and (b): MaintenanceInspections Climate seeks an exemption from the maintenance inspectionrequirements 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 inreference to 14 C.F.R. Part 43. See, e.g., 14 C.F.R. 

### § 91.405(a) (stating that each owner oroperator ofan aircraft "[s]hall have the aircraft inspected as prescribed in subpart E ofthis part and shall betweenrequired inspections

...have discrepancies repaired as prescribed inpart 43 ofthis chapter"). Anexemption from these regulations is needed because Part 43 andthese sections only apply to aircraft with an airworthiness certificate, whichthe UAS will not have. 

### EquivalentLevelof Safety An equivalent level ofsafety will be achieved because maintenance and inspections will be performedin accordance with the Manufacturer's Manuals and any applicable manufacturer Safety Bulletins. Further, as required bythe Operations Manual, flights will notbe conducted unless a pre-flight checklist covering all flight critical components ofthe UAS has been completed. The Operations Manual also contains recordkeeping requirements for routine, interval and post-flight maintenance. As a whole, the maintenance and inspectionprocedures in the Operations Manual ensure that an equivalent level ofsafety will be achieved. 

### L. 14 C.F.R. 

### § 61.113: PrivatePilot Privileges And Limitations Petitioner seeks exemption from 14 CFR § 61.113, which restricts privatepilot 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 thatthe skill and competency ofany PIC matches the airspace inwhich the PIC will be operating, as well as requiring certifications ifthe private pilot is carrying passengers or cargo for hire. Inthis case, while the UASs will be operated as part ofa commercial operation, it carries neitherpassengers nor cargo.U.S. Department ofTransportation December 10, 2014 Page 15

Inthe Grant ofExemptionto Astraeus Aerial (FAADocketNo. FAA-2014-0352), the FAA determinedthatthe unique characteristics ofUAS operation outside ofcontrolled airspace did not warrantthe additional costs and restrictions attendant withrequiring the PIC to have a commercial pilot certificate and Class II Medical Certificate. Therestrictions Climatehas placed on its UAS operations meet or exceedthe restrictions similarly imposed onAstraeus Aerial inFAA DocketNo. FAA-2014-0352. Climate will only perform UAS operations in controlled and sterile areas away from persons and property not involved inthe operation. The UASs will be flown based on visual line ofsight at 400 feet AGL orbelow. Moreover, a NOT AM will be issued between48 and 72 hours before the flight is to occur, andthe flight will be conductedin coordinationwiththe applicable FSDO. 

### EquivalentLevel of Safety In additionto these flight restrictions, Climate will further ensure safe operation by requiring that any PIC bethoroughly versed not only in airspace and communication requirements ofPart 91 applicable to all aircraft, but also inthe unique aspects ofUAS flight. Petitioner's pilots will berequired to maintain an understanding ofall normal, abnormal and emergencyprocedures ofthe 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 oftotal time as a UAS rotorcraftpilot, and at least 10 hours piloting the UAS used to perform operations underthis exemption. Petitioner's pilots will also be required to log at least 3 takeoffs and landings ofthe UAS used to perform operations underthis exemption. The pilot currency requirements in our Operations Manual also require the pilot to have conducted at least 3 launch andrecovery operations, and have accrued atleast 5 hours offlight time withthe UAS in the preceding 90 days to be considered current. The Operations Manual, including itpilot qualification, training, and currency requirements, ensure that ourpilots are competent and proficient inthe UAS they are operating. Theseprocedures ensure that an equivalent orhigher level ofsafety will be achieved. VI. DRUG AND ALCOHOL PROGRAM Climate has policies inplace to ensure that no personmay participate as a member ofthe flight teamifthey are underthe influence ofalcohol or any drug.

VII. PUBLIC INTEREST The public interest will be served by granting Climate's Petitionfor Exemption. Congress has established a national policythat favors early integration ofUAS into the National Airspace System ("NAS") in controlled, safe working environments such as those proposed in this Petition. Granting this Petitionfor Exemptionhelps fulfill Congress' goal inpassing SectionU.S

. Department ofTransportation 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 ofthe 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 inspectionmethods, namely, full size fixed-wing aircraft androtorcraft. The UASs Petitioner intends to use are battery powered and create no emissions. Moreover, inthe unlikely eventthat one ofPetitioner'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 withthe informationthey needto 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 ofnew technologies to produce more crops ina 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 conductflight operations overproperty that it does not own or control without the prior consent and knowledge oftheproperty owner. Moreover, Climate will not capture oruse images from neighboring properties within the vicinity ofUAS flight operations. 

### IX. FEDERALREGISTER SUMMARY Pursuant to 14 C

.F.R

. Part 11, the following summary is provided for publication inthe Federal Register, should it be determined thatpublication is needed: Petitioner seeks an exemption from the following rules in Title 14 ofthe Code ofFederal Regulations: Part 21 , SubpartH; 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 exemptionwill enhance safety by reducing risk to the general public and property owners from the substantial hazards associated withperforming equivalent agricultural aerial surveys and inspections with conventional fixed-wing aircraft, rotorcraft, or other methods. 

### X. CONCLUSIONU.S. Department ofTransportation December 10, 2014 Page 17

Climate's Petition for Exemption satisfies the criteria articulated in Section 333 ofthe Reform Act of2012 including weight, speed, operating capabilities, proximityto airports and populated areas, operationwithin visual line ofsight and national security. The proposed UAS operations will benefitthe 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 ofcomparable agricultural surveys and inspections completed with conventional flight operations. In consideration ofthe foregoing, the Petitionprovides the FAA with more than adequate justification for granting ofthe requested exemptions allowing Climate to perform R&D and commercial precision agricultural modeling, simulations and imaging using UASs in accordance withthis Petition and the attached Operations Manual. Very truly yours, 

# f!Et::

MatthewJ. Clark Counsel for Petitioner 

# --U.S. Department ofTransportation December 10, 2014 Page 18

(The following attached items contain proprietary and commercial information exemptfi.·om disclosure under theFreedom ofInformation Act 5 U.S.C. 

### § 522 

### et eq., and should beheld in a separate ftle pursuant to 14 C.F.R. 

### § 11.35(b)).

Attachment A: The Climate CorporationUAS Operations Manual Attachment B: DJIPhantom 2 UserManual Attachment 

### C: DJI SmartFlightBattery Safety Guidelines Attachment D: Phantom 2 Quick Start Guide Attachment

### E: Phantom2 PilotTraining Guide