Harrison Knoll

T: 314.914.1079

O: 505.660.7385

harrison@aerial.ag

November 15th, 2015

U.S. Department of Transportation

Docket Management System

1200 New Jersey Ave, SE

Washington, DC 20590

RE: Exemption Request Section 333 of the FAA Reform Act and

Part 11 of the Federal Aviation Regulations

Dear Sir or Madam:

Pursuant to Section 333 of the FAA Modernization and Reform Act of 2012 (the “Reform

Act”) and 14 C.F.R. Part 11, Aerial Agriculture, Inc, the operator of Small Unmanned

Aircraft Systems (“sUASs”), including the Aero-M and DJI S1000, seeks an exemption

from the Federal Aviation Regulations (“FARs”) listed below and discussed in Appendix A.1 

Aerial Agriculture, Inc seeks exemption from the listed FARs to allow its

use of the Aero-M and DJI S1000 in commercial operations, such as precision aerial

surveys, including agriculture data collection, so long as such operations are conducted

within and under the conditions outlined herein or as established by the FAA in an exemption

granted under either Section 333 or Section 49 U.S.C. § 44701(f).2

As discussed below, at pages 4-8, Aerial Agriculture, Inc is willing to abide by conditions

the FAA has required in issuing recent Section 333 exemptions, specifically Exemptions

11109 (Clayco, Inc.) and 11110 (Trimble Navigation Ltd.). This agreement on Aerial

Agriculture, Inc's part and the strong similarity of its operations to those approved in

Exemptions 11109 and 11110 should give the FAA a basis for prompt consideration and

processing of this request.

Aerial Agriculture, Inc is a leading information delivery company. It proposes to use a small, 

lightweight UAV – the Aero-M and DJI S1000 – and proprietary cloud-based software to collect, 

process, and analyze aerial data principally for purposes of precision agriculture data collection 

and precision surveying. In doing so, Aerial Agriculture, Inc would occupy a brand new space in 

a transformative industry by providing high quality and actionable information to users. Indeed, 

use of the Aero-M and DJI S1000 would contribute to various social goods, from environmental 

protection to improved crop yields. In providing this service, Aerial Agriculture, Inc would 

empower crop

1 See Pub. Law 112-95, 126 Stat. 11, § 333 (2012).

2 Agriculture Agriculture, Inc relies upon the following exemptions where specific reference to 

an exemption is not provided: Exemptions 11062 through 11067, 11080, 11109 through 11112, 

and 11114.
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November 15th, 2015

Page Two

researchers and farmers to make better management decisions through software that identifies

disease and insects, nutrient deficiencies, and materials for increasing yields with fewer

resources.

Operations under the exemption will be subject to strict operating requirements and conditions

to ensure at least an equivalent level of safety to currently authorized operations using manned

aircraft and under conditions as may be modified by the FAA as required by Section 333.

As described more fully below, the requested exemption would authorize commercial operations

of aerial surveys using the Aero-M and DJI S1000. The Aero-M and DJI S1000 will be operated 

under controlled conditions at low altitude (typically under 200ft AGL) in airspace that is limited 

in scope, as described more fully herein; it will have automated control features, as described 

herein. The Aero-M and DJI S1000 also will be operated by an individual possessing a private 

pilot certificate. Finally, the airspace in which the UAS will operate will be disclosed to the FAA in 

advance.

Aerial Agriculture, Inc respectfully submits that because this small, unmanned aerial

vehicle – the Aero-M and DJI S1000 – will be used in lieu of comparatively hazardous

operations now conducted with fixed wing and rotary conventional aircraft, the

FAA can have confidence that the operations will achieve at least an equivalent level

or greater level of safety. Approval of this exemption would thereby enhance safety and

fulfill the Secretary of Transportation’s (the FAA Administrator’s) responsibilities under

Section 333(c) of the Reform Act to “establish requirements for the safe operation of

such aircraft systems in the national airspace system.”

The name and address of the applicant are:

Aerial Agriculture, Inc.

Attn: Harrison Knoll

710 N. Tucker Blvd. Suite 308

St. Louis, MO 63101-0000

Ph: 314.914.1079

O: 505.660.7385

Email: harrison@aerial.ag

The regulations from which the exemption is requested are as follows:

14 C.F.R. § 61.113(a) & (b);

14 C.F.R. § 61.133(a);

14 C.F.R. § 91.7(a);

14 C.F.R. § 91.119(c);

14 C.F.R. § 91.151(a);
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November 15, 2015

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14 C.F.R. § 91.405(a);

14 C.F.R. § 91.407(a)(1);

14 C.F.R. § 91.409(a)(2);

14 C.F.R. § 91.417(a) & (b)

Appendix A discusses each rule listed above and explains why exemptions pursuant to the

proposal set forth in this letter are appropriate, provide an equivalent level of safety, and are in

the public interest. Appendix B provides the requisite Federal Register summary.

THE APPLICABLE LEGAL STANDARD UNDER SECTION 333

Aerial Agriculture, Inc submits that grant of this exemption application for use of the Aero-M and 

DJI S1000 in precision aerial surveys will advance the Congressional mandate in Section 333 of

the Reform Act to accelerate the introduction of UASs into the national airspace system

(“NAS”) if it can be accomplished safely. This law directs the Secretary of Transportation

to consider whether certain UASs may operate safely in the NAS before completion of

the rulemaking required under Section 332 of the Reform Act. In making this determination,

the Secretary is required to determine which types of UASs do not create a hazard to users of

the NAS or the public or pose a threat to national security in light of the following:

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

• Operation of the UAS in close proximity to airports and populated areas; and

• Operation of the UAS within visual line of sight of the operator.

Reform Act § 333(a)(1). If the Secretary determines that such vehicles “may operate safely in

the national airspace system, the Secretary shall establish requirements for the safe operation

of such aircraft in the national airspace system.” Id. § 333(c) (emphasis added).4

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 under

§ 40101 of the Act, from the requirement that all civil aircraft must have a current airworthiness

certificate and those regulations requiring commercial pilots to operate aircraft in commercial

service:

The Administrator may grant an exemption from a requirement of a regulation

prescribed under subsection (a) or (b) of this section or any of sections 44702-

44716 of this title if the Administrator finds the exemption is in the public interest.

4 Applicant submits that this provision places a duty on the Administrator to not only process

applications for exemptions under Section 333, but for the Administrator, if he deems the

conditions proposed herein require modification to allow approval, to supply conditions for the

safe operation of the UAS. Aerial Agriculture, Inc welcomes the opportunity to consult with 

FAA staff in order to address any issues or concerns that this proposal may raise that they 

believe may
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November 15th, 2015

Page Four

49 U.S.C. § 44701(f). See also 49 U.S.C. § 44711(a); 49 U.S.C. § 44704; 14 C.F.R.

§ 91.203(a)(1).

The grant of the requested exemption is in the public interest based on the clear direction in

Section 333 of the Reform Act; the additional authority in the Federal Aviation Act, as amended;

the strong equivalent level of safety surrounding the proposed operations; and the significant

public benefit, including enhanced safety and cost savings associated with transitioning to UASs

for aerial surveying. Accordingly, the applicant respectfully requests that the FAA grant the

requested exemption without delay.5

AIRCRAFT AND EQUIVALENT LEVEL OF SAFETY

The applicant proposes that the exemption requested herein apply to civil aircraft that have the

characteristics and that operate with the limitations listed herein. These limitations provide for at

least an equivalent or even higher level of safety to operations under the current regulatory

structure because the proposed operations represent a safety enhancement to operations that

would be conducted with conventional aircraft. These conditions are drawn from Exemptions

11062 through 11067, 11080, 11109, and 11110.

These limitations and conditions to which Aerial Agriculture, Inc (or “operator”) agrees to be

bound when conducting commercial operations under an FAA issued exemption include:

1. Operations of the Aero-M and DJI S1000 are limited to the aircraft described in the attached

manuals, which is a miniature propeller airplane that weighs less than six pounds (the “UA” or 

“UAS”). Proposed operations of any other aircraft will require a new petition or a petition to 

amend this grant.6

2. The UAS may not be flown at an indicated airspeed exceeding 50 knots.

3. The UAS may be operated at an altitude of no more than 400 feet above ground

level (“AGL”), as indicated by the procedures specified in the attached manuals. All

altitudes reported to Air Traffic Control (“ATC”) must be in feet AGL.

4. The UAS must be operated within visual line of sight (“VLOS”) of the pilot-in-command

(“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.

5 In filing this application, Aerial Agriculture, Inc also is requesting that the FAA combine the 

grant of the Section 333 exemption with a stand-alone Certificate of Operation (“COA”) that 

will allow commercial operations of the Aero-M and DJI S1000 without the necessity of filing 

for a COA for each flight. Compliance with the conditions agreed to herein and that may be 

imposed by the FAA, as set forth in prior Section 333 exemptions, provide the separation 

needed from other aircraft.

Notice to airmen and notice to air traffic control can be provided by the filing of a NOTAM as

set forth within the proposed conditions.

6 Aerial Agriculture, Inc is submitting under a request for confidentiality the flight operations 

manual and aircraft flight manuals for the Aero-M and DJI S1000 (“manuals”).
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November 15th, 2015

Page Five

5. 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. The VO and

PIC must be able to communicate verbally at all times. 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 operator’s

manual.

6. The manuals must be amended to include all conditions and limitations required by the

FAA. The manuals must be maintained and made available to the Administrator upon

request. If a discrepancy exists between the conditions and limitations in the exemption

and the procedures outlined in the manuals, the conditions and limitations in the

exemption take precedence and must be followed. Otherwise, the operator must follow

the procedures as outlined in the manuals.

The operator may update or revise the manuals. 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 an extension or amendment of this 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 exemption.

7. 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.

8. 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 in accordance with the operator’s manual. The PIC who conducts

the functional test flight must make an entry in the UAS aircraft records of the flight. The

manuals include this requirement.

9. The preflight inspection section in the manuals includes the following requirement: the

preflight inspection must account for all discrepancies, i.e., inoperable components,

items, or equipment, not covered in the relevant preflight inspection sections of the

operator’s manual.

10. The operator must follow Aerial Agriculture, Inc UAS aircraft/component,

maintenance, overhaul, replacement, inspection, and life limit requirements, with

particular attention to flight critical components that may not be addressed in the

manufacturer’s manuals.
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November 15th, 2015

Page Six

11. Operator must carry out its maintenance, inspections, and record keeping requirements

in accordance with the manuals. Maintenance, inspection, and alterations must be

noted in the aircraft logbook, including total flight hours, description of work accomplished, 

and the signature of the authorized technician returning the UAS to service.

12. The authorized technicians must receive and document training referenced in the

manuals.

13. Each UAS operated under the exemption must comply with all Aerial Agriculture, Inc

systems and safety bulletins.

14. Operator’s maintenance personnel must make a record entry in the UAS logbook or

equivalent document of the corrective action taken against discrepancies discovered

between inspections.

15. The PIC must possess at least a private pilot certificate and a third-class airman medical

certificate. The PIC must also meet the flight review requirements specified in 14 C.F.R.

61.56 as to the UAS.

16. The operator may not permit any PIC to operate unless that PIC has demonstrated

through Aerial Agriculture, Inc’s training and currency requirements that the PIC is able

to safely operate the UA 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.

17. If the UAS loses communications or loses its GPS signal, the UAS must return to a 

predetermined location within the private or controlled-access property and land or be

recovered in accordance with the manuals.

18. The PIC must abort the flight in the event of unpredicted obstacles or emergencies in

accordance with the manuals.

19. The PIC is prohibited from beginning a UAS flight unless (considering wind and forecast

weather conditions) there is enough power to fly to the first point of intended landing and,

assuming normal cruising speed, to fly after that for at least 10 minutes.

20. The operator will file a request for a Notice to Airmen (NOTAM) not more than 72 hours

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

21. All aircraft operated in accordance with the exemption must be identified by serial

number, registered in accordance with 14 C.F.R. part 47, and have identification

(N-Number) markings in accordance with 14 C.F.R. part 45, Subpart C. Markings must

be as large as practicable.
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22. Before conducting operations, the radio frequency spectrum used for operation and

control of the UAS must comply with the Federal Communications Commission (“FCC”)

or other appropriate government oversight agency requirements.

23. The documents required under 14 C.F.R. 91.9 and 91.203 must be available to the PIC

at the ground control station of the UAS any time the aircraft is operating. These

documents must be made available to the Administrator or any law enforcement official

upon request.

24. The UAS must remain clear and yield the right of way to all other manned operations

and activities at all times (including, but not limited to, ultralight vehicles, parachute

activities, parasailing activities, hang gliders, etc.).

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

26. UAS operations may not be conducted during night, as defined in 14 C.F.R. 1.1.

27. All operations shall be conducted in Class G airspace.

28. All operations must be conducted under visual meteorological conditions (“VMC”). The

UAS 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.

29. During operations in Class G airspace, the UAS may not operate within 5 nautical miles

of the geographic center of an airport 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.

30. The UAS may not be operated over congested or densely populated areas unless the

conditions set forth in #31 are satisfied. These populated areas include, but are not

limited to, the yellow areas depicted on World Aeronautical Charts (“WAC”), Sectional

Aeronautical Charts (“Sectionals”), or Terminal Area Charts (“TAC”). However,

aeronautical charts may not reflect pertinent local information. Ultimately, it is the PIC’s

responsibility to maintain the minimum safe altitudes required by § 91.119.

31. Operations must be conducted at least 500 feet from all nonparticipating persons

(persons other than the PIC or VO), vessels, vehicles, and structures unless:

a. barriers or structures are present that sufficiently protect nonparticipating persons

from debris in the event of an accident. The operator must ensure that

nonparticipating persons remain under such protection. If a situation arises in which

nonparticipating persons leave such protection and are within 500 feet of the UAS,

flight operations must cease immediately; and/or
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b. the aircraft is operated near vessels, vehicles, or structures where the land

owner/controller has granted permission and the PIC has made a safety assessment

of the risk of operating closer to those objects; and

c. operations near the PIC or VO do not present an undue hazard to the PIC or VO, per

§ 91.119(a).

32. 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.

33. In the event COAs are required, 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.

********

Privacy. All flights will occur over private or controlled access property with the property

owner’s prior consent and knowledge. Inspection will be in areas where the owners will have

consented to the inspections or otherwise have agreed to allow the UAS and the operator to be

in the area where inspection will take place.

National Security. No national security issue is raised by the grant of this exemption. Given

the size, load carrying capacity, speed at which it operates, and the fact that it carries no

explosives or other dangerous materials, the Aero-M and DJI S1000 poses no threat to 

national security.

********

In summary, Aerial Agriculture, Inc seeks an exemption from the FARs set forth in

Appendix A to operate commercially a small unmanned vehicle (55 lbs. or less) in aerial survey

operations.

Approval of this exemption for commercial aerial survey operations will enhance safety by

reducing risk. Conventional operations, using jet or piston powered aircraft, operate

at extremely low altitudes just feet from the subject being inspected and in extreme

proximity to people and structures. Such manned operations present the risks associated with

vehicles that weigh in excess of 6,000 lbs., carrying large amounts of jet A or other fuel. Such

aircraft must fly to and from the project location. In contrast, a sUAS weighing fewer

than 55 lbs. and powered by batteries eliminates virtually all of that risk given the reduced

mass and lack of combustible fuel carried on board. The sUAS is carried to the target area

and not flown. The sUAS will carry no passengers or crew and, therefore, will not

expose them to the risks associated with manned aircraft flights.
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November 15th, 2015

Page Nine

The operation of small UASs, weighing less than 55 lbs., conducted in the strict conditions

outlined above, will provide an equivalent level of safety supporting the grant of the exemptions

requested herein. These lightweight aircraft operate at slow speeds, close to the ground, and

in areas that are under the control of the PIC. As a result, they are far safer than conventional 

operations conducted with manned aircraft operating in close proximity to the ground and 

people.

Satisfaction of the criteria provided in Section 333 of the Reform Act of 2012 – size, weight,

speed, operating capabilities, proximity to airports and populated areas, and operation within

visual line of sight and national security – provide more than adequate justification for the grant

of the requested exemptions allowing commercial operation of applicant’s UAS for the Purposes

outlined herein and are consistent with exemptions already granted, including Exemptions

11062 through 11067, 11080, 11109 through 11112, and 11114.

Sincerely,

Harrison Knoll

CEO Aerial Agriculture, Inc.
APPENDIX A

EXEMPTION REQUEST AND EQUIVALENT LEVEL OF SAFETY SHOWINGS UNDER

APPLICABLE RULES SUBJECT TO EXEMPTION

Aerial Agriculture, Inc requests an exemption from the following regulations as well as any additional

regulations that may technically apply to the operation of the Aero-M and DJI S1000:

14 C.F.R. § 61.113(a) & (b); 61.133(a): Private Pilot Privileges and Limitations; Pilot in

Command; Commercial Pilot Privileges and Limitations.

Section 61.113(a) & (b) limit private pilots to non-commercial operations. Unlike a conventional

aircraft that carries a pilot, passengers, and cargo, the Aero-M and DJI S1000 in this case is 

remotely controlled with no passengers or property of others on board. Section 61.133(a) requires 

an individual with a commercial pilot’s license to be pilot in command of any aircraft for 

compensation or hire. Aerial Agriculture, Inc respectfully proposes that operator requirements should 

take into account the characteristics of the particular UAS. Aero-M and DJI S1000 has a high degree 

of pre-programmed control and various built-in technical capabilities that strictly limit the potential for 

operation outside of the operating conditions set forth in the exemption application.

The Aero-M and DJI S1000 has an autonomous navigation and control system. Flights are 

preprogrammed with precision GPS guidance and do not require human intervention. In the case of 

unplanned events, the operator can manually intervene to take one of the following actions:

(i) command the aircraft to begin to autonomously return to the recovery area and land;

(ii) command the aircraft to autonomously return to the recovery area where the pilot will assume 

control and land the aircraft; or (iii) manually assume control of the aircraft via the hand controller 

and return the craft to the recovery area where the operator lands it.

Additional automated safety functions and safety enhancing features of the Aero-M and DJI S1000 

include the following:

 Auto-pilot detection of lost GPS or of insufficient satellites initiates a stand-by loiter pattern

until such time as GPS is re-established or the PIC assumes manual control of the aircraft.

 Low battery power on the aircraft (10.4 volts) triggers the landing sequence and the craft

will fly to the recovery area.

 If the auto-pilot detects a lost-link to the ground control station for longer than 30 seconds,

landing procedure begins.

 The aircraft, weighing fewer than 6 lbs., fully loaded, is constructed of foam, which is

intended to absorb impact energy.

 In the event the ground station reaches a low power state, it will alert the pilot.

Given these safety features, Aerial Agriculture, Inc proposes that operators of the Aero-M and DJI 

S1000 should not be required to hold a commercial pilot certification. Instead, operators should be 

required to hold only a private pilot certification.

The risks associated with the operation of the Aero-M and DJI S1000 (given its size, speed, 

operational capabilities, and lack of combustible fuel) are so diminished from the level of risk 

associated with commercial operations contemplated by Part 61 with conventional aircraft (fixed 

wing or rotorcraft)
that allowing operations of the UAS as set forth above meets or exceeds the present level of safety 

provided under 14 C.F.R. § 61.113(a) & (b) and does not rise to the level of requiring a commercial 

pilot to operate the aircraft under § 61.133(a).

Given these conditions and restrictions, an equivalent level of safety will be provided by allowing

operation of the Aero-M and DJI S1000 with a private pilot’s certificate, under the conditions set forth 

in the exemption request. The FAA has granted exemptions to conduct similar operations in

Exemptions 11062 through 11067, 11080, 11109, and 11110.

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

This regulation requires that no person may operate a civil aircraft unless it is in airworthy

condition. Should the exemption be granted allowing commercial operation of the Aero-M and DJI 

S1000 without an airworthiness certificate, no standard will exist for airworthiness of the Aero-M and 

DJI S1000. Given the size of the aircraft and the requirements that the operator has agreed to as 

relates to airworthiness, as set forth in the attached manuals, an equivalent level of safety will be 

achieved by ensuring compliance with the manuals prior to each flight. The FAA has granted 

exemptions to conduct similar operations in Exemptions 11062 through 11067, 11080, 11109, and 

11110.

14 C.F.R. § 91.119(c): Minimum Safe Altitudes.

Section 91.119 establishes safe altitudes for operation of civil aircraft. Specifically, 91.119(c) limits 

aircraft flying over areas other than congested areas to 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.

As set forth herein, the Aero-M and DJI S1000 will never operate at higher than 400 feet AGL. It will,

however, be operated to avoid congested or populated areas that are depicted in yellow on VFR

sectional charts. Because aerial survey work must be accomplished at relatively low altitudes and at 

altitudes less than 500 feet AGL, an exemption from Section 91.119(c) is needed.

The equivalent level of safety will be achieved given the size, weight, speed, and material with

which the Aero-M and DJI S1000 is built. Also, no flight will be taken without the permission of the

landowner or those who control the land as well as local officials. Because of advance notice to

the landowner, all affected individuals will be aware of the survey flights. Compared to aerial

survey operations conducted with aircraft or rotorcraft weighing far more than 55 lbs. and carrying 

flammable fuel, any risk associated with these operations will be far less than the risks currently 

posed by conventional aircraft operating at or below 500 feet AGL. Indeed, the low-altitude 

operations of the UAS will maintain separation between these small-UAS operations and the 

operations of conventional aircraft that must comply with Section 91.119. The FAA has granted 

exemptions to conduct similar operations in Exemptions 11062 through 11067, 11080, and 1110.

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

This regulation prohibits an individual from beginning “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.”
The batteries powering the Aero-M and DJI S1000 provide approximately 60 minutes of 

powered flight. Without an exemption from § 14 C.F.R. 91.151, the UAS’s flights would be 

limited to approximately 30 minutes in length. Given the limitations on its proposed operations 

and the location of those proposed operations, a longer time frame for flight in daylight VFR 

conditions is reasonable.

Aerial Agriculture, Inc believes that an exemption from 14 C.F.R. § 91.151(a) is safe and within 

the scope of prior exemptions. See Exemption 10673 (allowing Lockheed Martin Corporation to 

operate without compliance with 91.151(a)). Operating the small UAS without 30 minutes of 

reserve fuel does not engender the type of risks that Section 91.151(a) was meant to prevent 

given the size and speed at which the UAS operates. The fact that it carries no pilot, passenger, 

or cargo also enhances its safety. Limiting Aero-M and DJI S1000 flights to 30 minutes would 

greatly reduce their utility. In the unlikely event that the Aero-M and DJI S1000 achieves a low 

battery state (10.4 volts), it would simply land. Given its weight and construction material, the 

risks are less than contemplated by the current regulation.

Aerial Agriculture, Inc believes that an equivalent level of safety can be achieved by maintaining

15 minutes of reserve fuel, which, allowing 45 minutes of flight time, would be more than 

adequate to return the UAS to its planned landing zone from anywhere in its operating area.

Similar exemptions have been granted to other operators, including Exemptions 2689F, 5745,

10673, 10808, and Exemptions 11062 through 11067, 11080, 11109, 1110, and 11112.

14 C.F.R. § 91.405(a); 407(a)(1); 409(a)(2); 417(a) & (b): Maintenance Inspections

Section 91.405(a) requires that an aircraft operator or owner “shall have that aircraft inspected 

as prescribed in subpart E of this part and shall between required inspections, except as 

provided in paragraph (c) of this section, have discrepancies repaired as prescribed in part 43 of 

this chapter . . . .” Section 91.407 similarly makes reference to requirements in Part 43;

Section 91.409(a)(2) requires an annual inspection for the issuance of an airworthiness 

certificate.

Section 91.417(a) requires the owner or operator to keep records showing certain maintenance

work that has been accomplished by certificated mechanics, under Part 43, or licensed pilots 

and records of approval of the aircraft for return to service.

Maintenance of the Aero-M and DJI S1000 will be accomplished by the owner/operator pursuant 

to the manuals attached as confidential exhibits. An equivalent level of safety will be achieved 

because the UAS is small in size, will carry a small payload, will operation only in restricted 

predetermined areas and is not a complex mechanical device. As provided in the attached 

manuals, the operator will ensure that the UAS is in working order prior to initiating flight, 

perform required maintenance, and keep a log of any maintenance that is performed; moreover, 

the operator is the person most familiar with the aircraft and is best suited to maintain the 

aircraft in an airworthy condition and to ensure an equivalent level of safety. The FAA has 

granted exemptions for similar operations in Exemptions 11062 through 11067, 11080, 11109, 

11110, and 11112.
APPENDIX B

SUMMARY OF AERIAL AGRICULTURE, INC SECTION 333 EXEMPTION REQUEST

For publication in the Federal Register, Aerial Agriculture, Inc hereby provides pursuant to Part 

11 a summary of its exemption application to allow commercial operation of the Aero-M and DJI 

S1000 unmanned aircraft in precision aerial agriculture survey work. An exemption is requested 

from the following regulations:

14 C.F.R. § 61.113(a) & (b);

14 C.F.R. § 61.133(a);

14 C.F.R. § 91.7(a);

14 C.F.R. § 91.119(c);

14 C.F.R. § 91.151(a);

14 C.F.R. § 91.405(a);

14 C.F.R. § 91.407(a)(1);

14 C.F.R. § 91.409(a)(2);

14 C.F.R. § 91.417(a) & (b)