1 

AFS-15-081-E 

Exemption No. 11177 

UNITED STATES OF AMERICA 

DEPARTMENT OF TRANSPORTATION 

FEDERAL AVIATION ADMINISTRATION 

WASHINGTON, DC 20591 

GRANT OF EXEMPTION 

By letter dated October 14, 2014, Mr. Young Kim, Chief Executive Officer, 

(hereinafter Petitioner or Operator), BOSH Precision Agriculture (dba Digital Harvest), 701 

Flag Stone Way, Suite B, Newport News, Virginia, 23608 petitioned the Federal Aviation 

Administration (FAA) for an exemption from part 21, §§ 45.23(b), 61.113(a) and (b), 

61.133(a), 91.7(a) and (b), 91.9(b)(2), 91.109(a), 91.119(c), 91.151(a), 91.203(a) and (b), 

91.405(a), 91.407(a)(1), 91.409(a)(2), and 91.417(a) of Title 14, Code of Federal Regulations 

(14 CFR). The exemption would allow the petitioner to operate the BOSH Technologies 

Super Swiper unmanned aircraft system (UAS) to conduct commercial precision agricultural 

surveys. 

The petitioner requests an exemption from the following regulations: 

Part 21 prescribes, in pertinent part, the procedural requirements for issuing and changing 

design approvals, production approvals, airworthiness certificates, and airworthiness 

approvals. 

Section 45.23(b) prescribes, in pertinent part, that when marks include only the Roman 

capital letter “N” and the registration number is displayed on limited, restricted or lightsport category aircraft or experimental or provisionally certificated aircraft, the operator 

must also display on that aircraft near each entrance to the cabin, cockpit, or pilot station, 

In the matter of the petition of 

BOSH PRECISION AGRICULTURE 

(DBA DIGITAL HARVEST)

for an exemption from part 21; §§ 45.23(b); 

61.113(a) and (b); 61.133(a); 91.7(a) and (b); 

91.9(b)(2); 91.109(a); 91.119(c); 91.151(a); 

91.203(a) and (b); 91.405(a); 91.407(a)(1); 

91.409(a)(2); and 91.417(a) of Title 14, Code 

of Federal Regulations 

Regulatory Docket No. FAA-2014-0858
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in letters not less than 2 inches nor more than 6 inches high, the words “limited,” 

“restricted,” “light-sport,” “experimental,” or “provisional,” as applicable. 

Section 61.113(a) and (b) prescribes that— 

(a) No person who holds a private pilot certificate may act as a pilot in command 

(PIC) of an aircraft that is carrying passengers or property for compensation or 

hire; nor may that person, for compensation or hire, act as PIC of an aircraft. 

(b) A private pilot may, for compensation or hire, act as PIC of an aircraft in 

connection with any business or employment if— 

(1) The flight is only incidental to that business or employment; and 

 

(2) The aircraft does not carry passengers or property for compensation or hire. 

Section 61.133(a) prescribes, in pertinent part, that for privileges— 

(1) General. A person who holds a commercial pilot certificate may act as pilot in 

command of an aircraft— 

(i) Carrying persons or property for compensation or hire, provided the person 

is qualified in accordance with this part and with the applicable parts of 

this chapter that apply to the operation; and 

(ii) For compensation or hire, provided the person is qualified in accordance 

with this part and with the applicable parts of this chapter that apply to the 

operation. 

Section 91.7(a) and (b) prescribes that— 

(a) No person may operate a civil aircraft unless it is in an airworthy condition. 

(b) The pilot in command of a civil aircraft is responsible for determining whether that 

aircraft is in condition for safe flight. The pilot in command shall discontinue the 

flight when unairworthy mechanical, electrical, or structural conditions occur. 

Section 91.9(b)(2) prohibits operation of U.S.-registered civil aircraft, for which an 

Airplane or Rotorcraft Flight Manual is not required, 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. 
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Section 91.109 prescribes, in pertinent part, that no 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. 

 

Section 91.119(c) prescribes that, except when necessary for takeoff or landing, no person 

may operate an aircraft below the following altitudes: 

(c) Over other than congested areas. An altitude of 500 feet above the surface, except 

over open water or sparsely populated areas. In those cases, the aircraft may not 

be operated closer than 500 feet to any person, vessel, vehicle, or structure. 

Section 91.151(a) prescribes that no person may begin a flight in an airplane under visual 

flight rules (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. 

Section 91.203(a) prohibits, in pertinent part, any person from operating a civil aircraft 

unless it has within it (1) an appropriate and current airworthiness certificate; and (2) an 

effective U.S. registration certificate issued to its owner or, for operation within the 

United States, the second copy of the Aircraft Registration Application as provided for in 

§ 47.31(c). 

Section 91.203(b) prescribes, in pertinent part, that no person may operate a civil aircraft 

unless the airworthiness certificate 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. 

 

Section 91.405(a) requires, in pertinent part, that an aircraft operator or owner shall have 

that aircraft inspected as prescribed in subpart E of the same part and shall, between 

required inspections, except as provided in paragraph (c) of the same section, have 

discrepancies repaired as prescribed in part 43 of this chapter. 

Section 91.407(a)(1) prescribes that no person may operate any aircraft that has 

undergone maintenance, preventive maintenance, rebuilding, or alteration unless it has 

been approved for return to service by a person authorized under § 43.7 of the same 

chapter. 

Section 91.409(a)(2) prescribes, in pertinent part, that no person may operate an aircraft 

unless, within the preceding 12 months, it has had an inspection for the issuance of an 

airworthiness certificate in accordance with part 21 of this chapter. 

Section 91.417(a) prescribes, in pertinent part, that— 
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(a) Each registered owner or operator shall keep the following records for the periods 

specified in paragraph (b) of this section: 

(1) Records of the maintenance, preventive maintenance, and alteration and 

records of the 100-hour, annual, progressive, and other required or approved 

inspections, as appropriate, for each aircraft (including the airframe) and each 

engine, propeller, rotor, and appliance of an aircraft. The records 

must include— 

(i) A description (or reference to data acceptable to the Administrator) of the 

work performed; and 

(ii) The date of completion of the work performed; and 

(iii) The signature and certificate number of the person approving the 

aircraft for return to service. 

(2) Records containing the following information: 

(i) The total time in service of the airframe, each engine, each propeller, and 

each rotor. 

(ii) The current status of life-limited parts of each airframe, engine, propeller, 

rotor, and appliance. 

(iii) The time since last overhaul of all items installed on the aircraft that are 

required to be overhauled on a specified time basis. 

 

(iv)The current inspection status of the aircraft, including the time since the 

last inspection required by the inspection program under which the aircraft 

and its appliances are maintained. 

(v) The current status of applicable airworthiness directives (AD) and safety 

directives including, for each, the method of compliance, the AD or safety 

directive number and revision date. If the AD or safety directive involves 

recurring action, the time and date when the next action is required. 

(vi)Copies of the forms prescribed by § 43.9(d) for each major alteration to the 

airframe and currently installed engines, rotors, propellers, and appliances. 

The petitioner supports its request with the following information: 

The petitioner proposes to operate the BOSH Technologies Super Swiper UAS to conduct 

precision agricultural surveys. See Appendix A for the petition submitted to the FAA 

describing the proposed operations. 
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The Super Swiper is a fixed wing UAS with fuselage is made of expanded polypropylene 

(EPP) foam and high-impact plastic and wings made of EPP foam and composites. The 

SUPER SWIPER can be flown manually, semi-manually or automatically. It has a wingspan 

of 74 inches, is 72 inches long, and 10 inches high. Total weight is under ten pounds. It has a 

single electric motor and propeller, and powered by a lithium polymer battery. It is hand 

launched and lands on the fuselage belly. The UA is operated at cruise speeds of 30-70 miles 

per hour, with a maximum speed of 75 miles per hour. 

The petitioner has provided the following information to support its request for an exemption, 

which includes proprietary supporting documents. The petition and the following supporting 

documentation are hereinafter referred to as the operating documents: 

1) SUPER SWIPER Description of Aircraft System 

2) SUPER SWIPER Communication System Description 

3) SUPER SWIPER Control Station 

4) SUPER SWIPER No TSO Components 

5) SUPER SWIPER Launch and Recovery 

6) SUPER SWIPER LOST Link 

7) UAV Observer 

8) Super Swiper Training Syllabus 

9) Super Swiper UAS Emergencies 

10) Super Swiper Checklist 

The FAA evaluated Bosh Precision Agriculture’s petition and determined it was not 

precedent-setting. Therefore, a summary of the petition was not published in the Federal 

Register for public comment. 

The FAA’s analysis is as follows: 

The FAA has organized its analysis into four sections: (1) UAS, (2) the UAS pilot in 

command (PIC), (3) the UAS operating parameters, and (4) the public interest. 

UAS 

The petitioner requested relief from 14 CFR part 21, Certification procedures for products 

and parts. In accordance with the statutory criteria provided in Section 333 of P.L. 112-95 in 

reference to 49 USC § 44704, and in consideration of the size, weight, speed, and limited 

operating area associated with the aircraft and its operation, the Secretary of Transportation 

has determined that this aircraft meets the conditions of Section 333. Therefore, the FAA 

finds that the requested relief from 14 CFR part 21, and any associated noise certification and 

testing requirements of part 36, is not necessary. 
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Manned aircraft conducting aerial surveys can weigh 5,000 pounds or more and are operated 

by an onboard pilot, in addition to other onboard crewmembers, as necessary. The petitioner’s 

UA will weigh less than 10 lbs. with no onboard pilot or crew. The pilot and crew will be 

remotely located from the aircraft. The limited weight significantly reduces the potential for 

harm to participating and nonparticipating individuals or property in the event of an incident 

or accident. The risk to an onboard pilot and crew during an incident or accident is eliminated 

with the use of a UA for the precision agricultural surveying operation. 

Manned aircraft are at risk of fuel spillage and fire in the event of an incident or accident. The 

UA carries no fuel, and therefore the risk of fire following an incident or accident due to fuel 

spillage is eliminated. 

During agricultural surveys with manned aircraft under the conditions of an FAA issued 

Certificate of Waiver or Authorization (COA), aircraft can be operated in very close 

proximity to participating persons. The safety of these individuals is maintained through use 

of an aircraft with standard airworthiness certification under 14 CFR part 21, Subpart H, 

operation of the aircraft by a qualified and competent pilot, and operating according to 

limitations necessary to ensure safety. Compared to manned aircraft, the UA being operated 

by the petitioner reduces the risk to persons and property in close proximity to the aircraft due 

to the limited size, weight, operating conditions, and design safety features of the UAS. This 

exemption does not require an electronic means to monitor and communicate with other 

aircraft, such as transponders or sense and avoid technology. Rather the FAA is mitigating the 

risk of these operations by placing limits on altitude, requiring stand-off distance from clouds, 

permitting daytime operations only, and requiring that the UA be operated within visual line 

of sight and yield right of way to all manned operations. Additionally, the exemption provides 

that the operator will request a Notice to Airman (NOTAM) prior to operations to alert other 

users of the NAS. 

The petitioner’s UAS has the capability to operate safely after experiencing certain in-flight 

failures. The UA is also able to respond to a lost-link event with a pre-coordinated, 

predictable, automated flight maneuver. The FAA also believes that the built-in safeguards 

and automatic fail-safe modes described in the petitioner’s operating documents are sufficient 

to mitigate risks associated with the loss of GPS signal. These additional safety features 

ensure that these operations will not adversely impact the safety of participating and 

nonparticipating individuals. 

Regarding the petitioner’s requested relief from 14 CFR § 45.23(b) Display of marks and 

§ 91.319(a) (1) Aircraft having experimental certificates, the petitioner’s request is made 

under the assumption that marking with the word “experimental” will be required as a 

condition of an exemption request. However, this marking is reserved for aircraft that are 

issued experimental certificates under 14 CFR § 21.191. Since the petitioner’s UAS will not 

be certificated under 14 CFR § 21.191, a grant of exemption from 14 CFR § 45.23(b) is not 
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necessary. Similarly, relief from 91.319(a)(1), which was included in Appendix A of the 

petition, is also not applicable nor necessary. 

The petitioner requests relief from 14 CFR §§ 91.405 (a) Maintenance required, 91.407(a)(1) 

Operation after maintenance, preventive maintenance, rebuilding, or alteration, 91.409(a)(2) 

Inspections, and 91.417(a) Maintenance records. The FAA has evaluated the petitioner’s 

request and determined that cause for exemption from these requirements is warranted. The 

FAA notes that the petitioner’s operating documents contain preflight checks for the UAS. 

The FAA has also determined that relief from § 91.409(a)(1) is also necessary because it is an 

alternate inspection requirement of § 91.409(a)(2). Similarly, exemption from § 91.417(b) is 

necessary in addition to § 91.417(a). The FAA finds that adherence to the operating 

documents, as well as the conditions and limitations below, is sufficient to ensure that safety 

is not adversely affected. 

UAS PIC 

Regarding the petitioner’s requested relief from 14 CFR § 61.113(a) and (b), Private pilot 

privileges and limitations and 14 CFR 61.133(a) Commercial pilot privileges and limitations, 

the petitioner requested regulatory relief to operate his UAS without an FAA-certificated 

pilot. However, the FAA does not possess the authority to exempt the petitioner from the 

statutory requirement to hold an airman certificate, as prescribed in 49 USC § 44711. 

Although Section 333 provides limited flexibility to the statutory requirement to hold an 

airworthiness certificate, it does not provide flexibility for other requirements of title 49. For 

further information see Exemption No. 11110, Trimble Navigation, Ltd. 

The FAA is also requiring a pilot certificate for UAS operations because pilots holding an 

FAA issued private or commercial pilot certificate are subject to the security screening by the 

Department of Homeland Security that certificated airmen undergo. As previously determined 

by the Secretary of Transportation, the requirement to have an airman certificate ameliorates 

security concerns over civil UAS operations conducted in accordance with Section 333. 

Given these grounds, the FAA must determine the appropriate level of pilot certification for 

the petitioner’s proposed operation. 

Under current regulations, civil operations for compensation or hire require a PIC holding a 

commercial pilot certificate per 14 CFR part 61. Based on the private pilot limitations in 

accordance with pertinent parts of 14 CFR § 61.113(a) and (b), a pilot holding a private pilot 

certificate cannot act as a PIC of an aircraft for compensation or hire unless the flight is only 

incidental to a business or employment. However, in Grant of Exemption No. 11062 to 

Astraeus Aerial (Astraeus), the FAA determined that a PIC with a private pilot certificate 

operating the Astraeus UAS would not adversely affect operations in the NAS or present a 

hazard to persons or property on the ground. 
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The petitioner proposes to operate with a pilot who does not possess an FAA issued pilot 

certificate. This is similar to other petitions for exemption previously filed with and 

considered by the FAA. As in Exemption Nos. 11062 (Astraeus) and 11138 (Douglas 

Trudeau), the FAA has analyzed the petitioner’s proposed operation and determined it does 

not differ significantly from these grants of exemption. The petitioner plans to operate in the 

NAS over controlled access property with the permission of the land owner/controller, while 

also limiting property access to consenting participants while operations are underway. 

Given: 1) the similar nature of the petitioner’s proposed operating environment to that of 

Astraeus, 2) the parallel nature of private pilot aeronautical knowledge requirements to those 

of commercial requirements [ref: Exemption No. 11062], and 3) the airmanship skills 

necessary to operate the UAS, the FAA finds that the additional manned airmanship 

experience of a commercially certificated pilot would not correlate to the airmanship skills 

necessary for the petitioner’s proposed operations. Therefore, the FAA finds that a PIC 

holding a private pilot certificate and a third-class airman medical certificate is appropriate 

for the proposed operations. 

With regard to the airmanship skills necessary to operate the UAS, the petitioner has proposed 

pilot qualification criteria and a training program. The conditions and limitations below 

stipulate that the petitioner may not permit any PIC to operate unless that PIC has completed 

the petitioner’s training program, that the PIC is able to safely operate the UAS in a manner 

consistent with how the UAS will be operated under this exemption, including evasive and 

emergency maneuvers and maintaining appropriate distances from persons, vessels, vehicles 

and structures. The petitioner is responsible for assessing its operations and identifying any 

additional skills required to operate safely under normal and abnormal conditions. Normal 

condition skills may include the ability to maintain altitude, maintain VLOS, and navigational 

skills. Abnormal condition skills may include the ability to avoid obstacles, avoid air traffic, 

and respond to loss of link. 

In conclusion, the FAA finds that a PIC holding a private pilot certificate and a third-class 

medical certificate, and who has completed the petitioner’s training program, can conduct the 

proposed UAS operations without adversely affecting the safety of the NAS and persons or 

property on the ground. Upon consideration of the overall safety case presented by the 

petitioner, the FAA finds that granting the requested relief from 14 CFR § 61.113(a) and (b) 

is warranted. Additionally, relief from 14 CFR § 61.133(a) is not necessary. 

The petitioner has also indicated it will supplement its proposed operation(s) with a visual 

observer (VO) who has completed the petitioner’s training program. The conditions and 

limitations below stipulate that the PIC must ensure that the VO can perform the functions 

prescribed in the operating documents. The petitioner’s operating documents require the VO 

to hold an FAA second-class medical certificate, nevertheless the FAA has previously 

determined that a medical certificate is not necessary for the VO and will not require one for 

operations conducted under this exemption. See Exemption No. 11062 to Astraeus. The UA 

must never be operated beyond the actual visual capabilities of the VO, and the VO and PIC 
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must have the ability to maintain VLOS with the UA at all times. It is the responsibility of the 

PIC to be aware of the VO’s visual limitations and limit operations of the UA to distances 

within the visual capabilities of both the PIC and VO. The petitioner’s operating documents 

suggest that additional observers may be employed to extend the range of UAS operations. As 

stipulated in the conditions and limitations contained herein, the UA must remain within 

VLOS of the PIC at all times during flight. 

UAS Operating Parameters 

The petitioner requested relief from 14 CFR § 91.7(a) Civil aircraft airworthiness and the 

FAA finds that relief is necessary. While the petitioner’s UAS will not require an 

airworthiness certificate in accordance with 14 CFR part 21, Subpart H, the FAA considers 

the petitioner’s compliance with its operating documents to be a sufficient means for 

determining an airworthy condition. Therefore, relief from § 91.7(a) is granted. The petitioner 

is still required to ensure that its aircraft is in an airworthy condition – based on compliance 

with the operating documents prior to every flight, and as stated in the conditions and 

limitations below. 

In accordance with 14 CFR § 91.7(b) Civil Aircraft Airworthiness, the PIC of the UAS is 

responsible for determining whether the aircraft is in a condition for safe flight. The FAA, as 

in grant of Exemption No. 11062 to Astraeus, has determined that the operating documents 

include procedures to be used prior to each flight that can ensure compliance with § 91.7(b). 

The petitioner is required to ensure that its aircraft is in a condition for safe flight – based on 

compliance with the operating documents– prior to every flight. Therefore, relief from 

§ 91.7(b) is not granted. 

Regarding the petitioner’s requested relief from 14 CFR § 91.9(b)(2) Civil aircraft flight 

manual, marking, and placard requirements and 14 CFR § 91.203(a) and (b) Civil aircraft: 

Certifications required, the FAA has previously determined in Grant of Exemption 11062, 

Astraeus Aerial, that relief from these sections is not necessary. Relevant materials may be 

kept in a location accessible to the PIC in compliance with the regulations. 

The petitioner requested relief from 14 CFR § 91.109(a) Flight instruction; Simulated 

instrument flight and certain flight tests, but did not present a scenario in which dual flight 

controls may be required for the purposes of pilot training on its UAS. Rather, the petitioner 

intends to accomplish training as described in the operating documents. Furthermore, the 

FAA is requiring that the petitioner’s PIC possess at least a private pilot’s certificate. Also, 

this exemption will require that training operations only be conducted during dedicated 

training sessions. The FAA finds that safety will not be adversely impacted if the petitioner 

follows the training outlined in the operating documents. Therefore, the FAA finds that relief 

is not necessary. 

The petitioner requested relief from 14 CFR § 91.119(c) Minimum safe altitudes: Over other 

than congested areas. However in requesting that relief the petitioner did not describe any 
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measures put in place to protect persons not directly participating in the agricultural survey 

flight operation, citing rather that the size, weight, speed and construction of the UA, along 

with the requirement to obtain land owner/controller approval in advance, achieved a level of 

safety equivalent to that provided by § 91.119(c). Nor did the petitioner describe any 

minimum stand-off distances from non-participating persons, vehicles or structures. 

Regarding stand-off distances from persons, vessels, vehicles and structures, 14 CFR 

§91.119(c) requires that aircraft operate no closer than 500 feet to these persons or objects. As 

discussed in Exemption No. 11109 (Clayco, Inc.), operations conducted closer than 500 feet 

to the ground may require that the UA be operated closer than 500 feet to essential persons, or 

objects that would not be possible without additional relief. Therefore, the FAA is requiring 

that prior to conducting UAS operations, all persons not essential to flight operations 

(nonparticipating persons) must remain at appropriate distances. In open areas, this requires 

the UA to remain 500 feet from all non-participating persons other than essential flight 

personnel (i.e. PIC, VO, operator trainees or essential persons). 

The FAA has also considered that the UA will weigh about 10 pounds. If barriers or 

structures are present that can sufficiently protect nonparticipating persons from the UA or 

debris in the event of an accident, then the UA may operate closer than 500 feet to persons 

afforded such protection. The operator must also ensure that nonparticipating persons remain 

under such protection. If a situation arises where nonparticipating persons leave such 

protection and are within 500 feet of the UA, flight operations must cease immediately. 

When considering how to immediately cease operations, the primary concern is the safety of 

those nonparticipating persons. In addition, the FAA finds that operations may be conducted 

closer than 500 feet to vessels, vehicles and structures when the land owner/controller grants 

such permission and the PIC makes a safety assessment of the risk of operating closer to those 

objects and determines that it does not present an undue hazard. Thus, the FAA finds that 

relief from § 91.119(c) is warranted provided adherence to the procedures in the operating 

documents and the FAA’s additional conditions and limitations outlined below. 

Thus, the FAA finds that relief from § 91.119(c) is warranted provided the petitioner adheres 

to the procedures in the operating documents and the FAA’s additional conditions and 

limitations outlined below. 

The petitioner also noted that it will avoid congested or populated areas “which are depicted 

in yellow on VFR charts.” Since there is no precise definition of the term “congested area” 

and because aeronautical charts and NOTAMS provide only general guidance for developing 

a proposed route that complies with § 91.119, the UAS petitioner should consult with the 

local Flight Standards District Office (FSDO) to discuss areas that would reasonably be 

considered “congested” within proximity of the proposed operations. Ultimately, the PIC is 

responsible for maintaining the minimum safe altitudes required in § 91.119. 

The petitioner did not request relief from 14 CFR § 91.121 Altimeter settings but the FAA 

finds that relief is necessary because the UAS does not include a typical barometric altimeter 
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onboard the aircraft. The UA’s altitude is determined by the global positioning system (GPS) 

and transmitted by data link to the ground control station. As stated in the conditions and 

limitations below, the FAA requires any altitude reported to air traffic control (ATC) to be in 

feet above ground level (AGL). The petitioner may choose to set the GPS altitude indicator to 

zero feet AGL rather than local barometric pressure or field altitude before flight. Considering 

the limited altitude of the proposed operations, relief from 14 CFR § 91.121 is granted to the 

extent necessary to comply with the applicable conditions and limitations stated below. 

Regarding the petitioner’s requested relief from § 91.151(a) Fuel requirements for flight in 

VFR conditions, prior relief has been granted for manned aircraft to operate at less than 

prescribed minimums, including Exemption Nos. 2689, 5745, and 10650. In addition, similar 

UAS-specific relief has been granted in Exemption Nos. 8811, 10808, and 10673 for daytime, 

VFR conditions. The petitioner proposes that an equivalent level of safety can be achieved 

with “ten minutes of reserve fuel” in view of the day VFR and VLOS operating restrictions. 

The petitioner notes that while operating under VLOS restrictions, the UA will always be 

within 5 minutes of its landing position. According to the operating documents the UAS has 

two automatically triggered fail-safe functions relating to low battery power. The “low 

battery” function results in the UA heading home. The “critical battery” function results in an 

immediate landing. The petitioner did not specify how ten minutes of reserve fuel would be 

known to the PIC since the power read-out at the GCS is in voltage. Nevertheless, the 

proposed operating parameters and inherent fail-safe functions of the UAS provide the FAA 

with sufficient reason to grant the relief from 14 CFR § 91.151(a)(1) in accordance with the 

conditions and limitations below. The PIC would be prohibited from beginning a flight unless 

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

intended landing point at normal cruising speed and land the UA with 10 minutes of power 

remaining in reserve. 

This exemption requires that the operator obtain a Certificate of Authorization or Waiver 

(COA) from the FAA. As part of that process the FAA Air Traffic Organization evaluates 

whether the operations could be conducted safely in the requested airspace. The majority of 

current UAS operations occurring in the national airspace system (NAS) are being 

coordinated through ATC by the issuance of a COA. This process not only makes local ATC 

facilities aware of UAS operations, but also provides ATC the ability to consider airspace 

issues that are unique to UAS operations. The COA will require the operator to request a 

NOTAM, which is the mechanism for alerting other users of the NAS to the UAS activities 

being conducted. The conditions and limitations below prescribe the requirement for the 

petitioner to obtain an ATO-issued COA. 

Public Interest 

The FAA finds that this grant of exemption is in the public interest. The enhanced safety 

achieved using a UA with the specifications described by the petitioner and carrying no 

passengers or crew, rather than a manned aircraft of significantly greater proportions carrying 
12 

crew in addition to flammable fuel, gives the FAA good cause to find that the UAS operations 

enabled by this exemption are in the public interest. 

The table below summarizes the FAA’s determinations regarding regulatory relief: 

Relief considered (14 CFR) FAA determination (14 CFR) 

Part 21 Relief not necessary 

45.23(b) Relief not necessary 

61.113(a) and (b) Relief granted with conditions and 

limitations 

61.133(a) Relief not necessary 

91.7(a) Relief granted with conditions and 

limitations 

91.7(b) Relief not granted 

91.9(b)(2) Relief not necessary 

91.109(a) Relief not necessary 

91.119(c) Relief granted with conditions and 

limitations 

91.121 Relief granted with conditions and 

limitations 

91.151(a) Relief granted for paragraph (a)(1), day, 

with conditions and limitations 

91.203(a) and (b) Relief not necessary 

91.405(a) Relief granted with conditions and 

limitations 

91.407(a)(1) Relief granted with conditions and 

limitations 

91.409(a)(1) and (2) Relief granted with conditions and 

limitations 

91.417(a) and (b) Relief granted with conditions and 

limitations 

The FAA’s Decision 

In consideration of the foregoing, I find that a grant of exemption is in the public interest. 

Therefore, pursuant to the authority contained in 49 U.S.C. 106(f), 40113, and 44701, 

delegated to me by the Administrator, Bosh Precision Agriculture dba Digital Harvest is 

granted an exemption from 14 CFR §§ 61.113(a) and (b), 91.7(a), 91.119(c), 91.121, 

91.151(a)(1), 91.405(a), 91.407(a)(1), 91.409(a)(1) and (2), and 91.417(a) and (b) to the 

extent necessary to allow petitioner to operate a UAS to conduct commercial precision 

agricultural surveys. This exemption is subject to the conditions and limitations listed below. 
13 

Conditions and Limitations 

Relative to this grant of exemption, BOSH Precision Agriculture (dba Digital Harvest) is 

hereafter referred to as the operator. 

 

The petition and the following supporting documentation are hereinafter referred to as the 

operating documents: 

1) SUPER SWIPER Description of Aircraft System 

2) SUPER SWIPER Communication System Description 

3) SUPER SWIPER Control Station 

4) SUPER SWIPER No TSO Components 

5) SUPER SWIPER Launch and Recovery 

6) SUPER SWIPER LOST Link 

7) UAV Observer 

8) Super Swiper Training Syllabus 

9) Super Swiper UAS Emergencies 

10) Super Swiper Checklist 

Failure to comply with any of the conditions and limitations of this grant of exemption will be 

grounds for the immediate suspension or rescission of this exemption. 

1) Operations authorized by this grant of exemption are limited to the following aircraft 

described in the operating documents, which is a single engine fixed wing aircraft 

weighing less than 10 pounds: BOSH Technologies Super Swiper. Proposed operations of 

any other aircraft will require a new petition or a petition to amend this grant. 

2) UAS operations under this exemption are limited to conducting operations for the purpose 

of commercial precision agricultural surveys. 

3) The UA may not be flown at a speed exceeding 75 mph. 

4) The UA must be operated at an altitude of no more than 400 feet above ground level 

(AGL), as indicated by the procedures specified in the operating documents. All altitudes 

reported to ATC must be in feet AGL. 

5) The UA must be operated within visual line of sight (VLOS) of the PIC at all times. This 

requires the PIC to be able to use human vision unaided by any device other than 

corrective lenses, as specified on the PIC’s FAA-issued airman medical certificate. 

6) All operations must utilize a visual observer (VO). The VO may be used to satisfy the 

VLOS requirement as long as the PIC always maintains VLOS capability. This requires 

the VO to be able to use human vision unaided by any device other than corrective lenses, 

as specified on the PIC’s FAA-issued airman medical certificate. The VO and PIC must 
14 

be able to communicate verbally at all times. Electronic messaging or texting is not 

permitted during flight operations. The PIC must be designated before the flight and 

cannot transfer his or her designation for the duration of the flight. The PIC must ensure 

that the VO can perform the functions prescribed in the operating documents. 

7) The operating documents and this grant of exemption must be accessible during UAS 

operations and made available to the Administrator upon request. If a discrepancy exists 

between the conditions and limitations in this exemption and the procedures outlined in 

the operating documents, the conditions and limitations herein take precedence and must 

be followed. Otherwise, the operator must follow the procedures as outlined in its 

operating documents. The operator may update or revise its operating documents. It is the 

operator’s responsibility to track such revisions and present updated and revised 

documents to the Administrator upon request. The operator must also present updated and 

revised documents if it petitions for extension or amendment to this grant of exemption. If 

the operator determines that any update or revision would affect the basis upon which the 

FAA granted this exemption, then the operator must petition for amendment to its grant of 

exemption. The FAA’s UAS Integration Office (AFS-80) may be contacted if questions 

arise regarding updates or revisions to the operating documents. 

8) Prior to each flight the PIC must inspect the UAS to ensure it is in a condition for safe 

flight. If the inspection reveals a condition that affects the safe operation of the UAS, the 

aircraft is prohibited from operating until the necessary maintenance has been performed 

and the UAS is found to be in a condition for safe flight. The Ground Control Station must 

be included in the preflight inspection. All maintenance and alterations must be properly 

documented in the aircraft records. 

9) Any UAS that has undergone maintenance or alterations that affect the UAS operation or 

flight characteristics, e.g. replacement of a flight critical component, must undergo a 

functional test flight. The PIC who conducts the functional test flight must make an entry 

in the aircraft records. 

10) The pre-flight inspection must account for all potential discrepancies, e.g. inoperable 

components, items, or equipment, not already covered in the relevant sections of the 

operating documents. 

11) The operator must follow the UAS manufacturer’s aircraft/component, maintenance, 

overhaul, replacement, inspection, and life limit requirements. 

12) The operator must carry out its maintenance, inspections, and record keeping 

requirements, in accordance with the operating documents. Maintenance, inspection, 

alterations, and status of replacement/overhaul component parts must be noted in the 

aircraft records, including total time in service, description of work accomplished, and the 

signature of the person authorized to return the UAS to service. 
15 

13) Each UAS operated under this exemption must comply with all manufacturer Safety 

Bulletins. 

14) The person authorized to return the UAS to service must make an entry in the aircraft 

record of the corrective action taken against discrepancies discovered between 

inspections. 

15) The PIC must possess at least a private pilot certificate and at least a current third-class 

medical certificate. The PIC must also meet the flight review requirements specified in 14 

CFR § 61.56 in an aircraft in which the PIC is rated on his or her pilot certificate. 

16) The operator may not permit any PIC to operate unless the PIC meets the operator’s 

qualification criteria and demonstrates the ability to safely operate the UAS in a manner 

consistent with how the UAS will be operated under this exemption, including evasive 

and emergency maneuvers and maintaining appropriate distances from persons, vessels, 

vehicles and structures. PIC qualification flight hours must be logged in a manner 

consistent with 14 CFR § 61.51(b). The VO is also required to complete the operator’s 

training requirements. A record of training must be documented and made available upon 

request by the Administrator. Flights for the purposes of training the operator’s PICs and 

VOs (training, proficiency, and experience-building), are permitted under the terms of this 

exemption. However, training operations may only be conducted during dedicated 

training sessions. During training, proficiency, and experience-building flights, all persons 

not essential for flight operations are considered nonparticipants, and the PIC must 

operate the UA with appropriate distance from nonparticipants in accordance with 14 

CFR § 91.119. 

17) The operator may not permit the PIC to operate the UAS for the purpose of precision 

agricultural surveying (or similar operations), unless the PIC has demonstrated and logged 

in a manner consistent with 14 CFR § 61.51(b), the ability to safely operate the UAS in a 

manner consistent with how the UAS will be operated under this exemption, including 

evasive and emergency maneuvers and maintaining appropriate distances from people, 

vessels, vehicles and structures. 

18) UAS operations may not be conducted during night, as defined in 14 CFR § 1.1. All 

operations must be conducted under visual meteorological conditions (VMC). Flights 

under special visual flight rules (SVFR) are not authorized. 

19) The UA may not operate within 5 nautical miles of an airport reference point as denoted 

on a current FAA-published aeronautical chart unless a letter of agreement with that 

airport’s management is obtained, and the operation is conducted in accordance with a 

NOTAM as required by the operator’s COA. The letter of agreement with the airport 

management must be made available to the Administrator upon request. 
16 

20) The UA may not be operated less than 500 feet below or less than 2,000 feet horizontally 

from a cloud or when visibility is less than 3 statute miles from the PIC. 

21) If the UA loses communications or loses its GPS signal, it must return to a pre-determined 

location within the planned operating area and land or be recovered in accordance with 

the operating documents. 

22) The PIC must abort the flight in the event of unpredicted obstacles or emergencies in 

accordance with the operating documents. 

23) The PIC is prohibited from beginning a flight unless (considering wind and forecast 

weather conditions) there is enough power to fly at normal cruising speed to the intended 

landing point and land the UA with 10 minutes of battery power remaining. 

24) The operator must obtain an Air Traffic Organization (ATO) issued Certificate of Waiver 

or Authorization (COA) prior to conducting any operations under this grant of exemption. 

This COA will also require the operator to request a Notice to Airman (NOTAM) not 

more than 72 hours in advance, but not less than 48 hours prior to the operation. All 

operations shall be conducted in accordance with airspace requirements in the ATO issued 

COA including class of airspace, altitude level and potential transponder requirements. 

25) All aircraft operated in accordance with this exemption must be identified by serial 

number, registered in accordance with 14 CFR part 47, and have identification (NNumber) markings in accordance with 14 CFR part 45, Subpart C. Markings must be as 

large as practicable. 

26) Before conducting operations, the radio frequency spectrum used for operation and 

control of the UA must comply with the Federal Communications Commission (FCC) or 

other appropriate government oversight agency requirements. 

27) The documents required under 14 CFR §§ 91.9 and 91.203 must be available to the PIC at 

the Ground Control Station of the UAS any time the UAS is operating. These documents 

must be made available to the Administrator or any law enforcement official upon request. 

28) The UA must remain clear and yield the right of way to all manned aviation operations 

and activities at all times. 

29) The UAS may not be operated by the PIC from any moving device or vehicle. 

30) The UA may not be operated over congested or densely populated areas. 
17 

31) Flight operations must be conducted at least 500 feet from all nonparticipating persons, 

vessels, vehicles, and structures unless: 

a) Barriers or structures are present that sufficiently protect nonparticipating persons 

from the UA and/or debris in the event of an accident. The operator must ensure 

that nonparticipating persons remain under such protection. If a situation arises 

where nonparticipating persons leave such protection and are within 500 feet of 

the UA, flight operations must cease immediately and/or; 

b) The aircraft is operated near vessels, vehicles or structures where the 

owner/controller of such vessels, vehicles or structures has granted permission and 

the PIC has made a safety assessment of the risk of operating closer to those 

objects and determined that it does not present an undue hazard, and 

c) Operations nearer to the PIC, VO, operator trainees or essential persons do not 

present an undue hazard to those persons per § 91.119(a). 

32) Flight operations must be conducted at least 500 feet from all nonparticipating persons, 

vessels, vehicles, and structures. Operation may be conducted nearer than 500 feet to 

vessels, vehicles or structures only if the owner/controller of such vessels, vehicles or 

structures has granted permission and the PIC has made a safety assessment of the risk of 

operating nearer than 500 feet to those objects and determined that it does not present an 

undue hazard. 

33) Operations nearer than 500 feet to the PIC, VO, operator trainees or essential persons as 

defined in the operating documents, are permitted only if those operations do not present 

an undue hazard to those persons per § 91.119(a) as determined by the PIC. 

34) All operations shall be conducted over private or controlled-access property with 

permission from the land owner/controller or authorized representative. Permission from 

land owner/controller or authorized representative will be obtained for each flight to be 

conducted. 

35) Any incident, accident, or flight operation that transgresses the lateral or vertical 

boundaries of the operational area as defined by the applicable COA must be reported to 

the FAA's UAS Integration Office (AFS-80) within 24 hours. Accidents must be reported 

to the National Transportation Safety Board (NTSB) per instructions contained on the 

NTSB Web site: www.ntsb.gov. 
18 

Unless otherwise specified in this grant of exemption, the UAS, the UAS PIC, and the UAS 

operations must comply with all applicable parts of 14 CFR including, but not limited to, 

parts 45, 47, 61, and 91. 

 

This exemption terminates on February 28, 2017, unless sooner superseded or rescinded. 

Issued in Washington, DC, on February 18, 2015. 

/s/ 

John Barbagallo 

Acting Deputy Director, Flight Standards Service