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Submitted on	Jan	19,	2016

Robert	Recker,	Owner,	Cedar	Valley	Innovation	LLC

116	W	Schrock	Rd,	Waterloo,	IA,	50701

Phone:	319-240-2200

Email:	cedarvalleyinnovation@gmail.com

Table	of	Contents	

Petition	Summary..............................................................................................	1

Background	.........................................................................................................		1

Statutory	Authority	..........................................................................................		4

Basis	for	Petition................................................................................................. 9

Summary	for	Federal	Register......................................................... 15

CONFIDENTIAL	INFORMATION	

Appendix	A ...........................................E384 Operations	Manual	

Appendix	B ..........................................	Iris+	Operations	Manual	

A. Petition	Summary

Pursuant	with	Section	333	of	the	FAA	Modernization	and	Reform	Act	of	2012,	Cedar	

Valley	Innovation LLC	(CVI)	requests	exemption	from	the	following	Federal	Aviation	

Regulations	that	are	found	under	Title	14	of	the	Code	of	Federal	Regulations	(CFR):	

Part	21	Subpart	H,	45.23	(b),	91.7	(a),	91.9	(b),	91.103,	91.109,	91.119,	91.121,	

91.151	(a),	91.203	(a)	(b),	Part	91	Subpart	E	(91.401- 91.417).	

CVI seeks	expedited	approval	and	exemption	from	the	CFRs	listed	above	in	order	to	

operate	the	E384	and	Iris+	Unmanned	Aircraft	System	(UAS)	for	the	purpose	of	

providing	natural	light	photography,	Near	Infrared	(NIR),	Infrared	and	high	

resolution	aerial	imagery	to	the	farmers	and	agricultural	research	interests	mostly,	

but	not	exclusively	in	the	Upper	Midwest	United	States.	 Moreover,	CVI will	provide	

imagery	and	remote-sensing	data	to	agricultural	companies with	the	intent	of	

assisting	with	identification	of	opportunities	to	improve	the	production	of	cash	

crops,	especially	corn	and	soybeans,	and	monitor	potential	improvements	in	

farming	practices	to	increase	the	sustainability	of	farming	operations	and	reduce	

negative	environmental	impact	of	farming	practices. The	operation	of	the	E384 and	

Iris+	by	CVI will	follow	strict	operational	limitations,	and	adhere	to	the	highest	

standards	of	security	and	privacy,	as	outlined	in	this	document	and	all	

recommendations	by	the	FAA.

B.	Background	

1.	Cedar	Valley	Innovation	LLC	(CVI)

CVI	is	a	private	agricultural	research company	located	near Waterloo,	IA that	

provides	equipment	performance analysis,	plant	development	documentation,	

documentation	of	negative	environmental	events	in	a	growing	season,	soil	and	plant	

variability	analysis by	collecting,	monitoring,	and	reporting	of	agronomic data	

captured	via	aerial	imagery aboard	manned	and	(with	this	Exemption)	unmanned,	
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fixed	wing and	multi-rotor aircraft.	Growing	season	aerial	imagery	is	provided	to	

growers	on	a	timely	basis	during	the	growing	season.	High	resolution	plant	yield	

variability	studies	are	conducted	on	the	ground	at	the	end	of	the	growing	season	to	

correlate aerial	imagery and	sensor	data	to	actual	in-field	yield.

I	am	the	founder	and	owner	of	CVI;	I	have	a	Bachelor	of	Science	in	Mechanical	

Engineering	from	Iowa	State	University, have	been	a	Registered	Professional	

Engineer	(lapsed	certificate)	in	the	State	of	Iowa,	have	41	years	of	product	design,	

development,	manufacturing,	and	aftermarket	support	with	Deere	&	Company	at	

the	John	Deere	Product	Engineering	Center	in	its	location	in	Waterloo,	IA.	

Cedar	Valley	Innovation	LLC	was	formed	in	2005	and	has	been	capturing	aerial	

photos	from	small	fixed	wing	manned	aircraft,	including	Cessna	150,	172,	184,	&	

210	airplanes	since	2009.	I	have	accumulated	over	25,000	aerial	photos	taken	in	

over	200 hours	of	flight	with	commercial	rated	pilots.	

The	learning	and	observations	from	these	aerial	photo	flights	is	the	reason	for	

pursuing	small	UAV	fixed	wing	and	multi-rotor	aircraft	as	a	tool	for	higher	

resolution	imagery	of	crop	test	plots,	added	multi-spectral	data	collection	and	

analysis	and	lower	cost	imagery	for	my	agricultural	customers.

2.	E384	fixed	wing	UAV

The	E384	UAS	is	manufactured	by	Event	38	located	in	Akron,	Ohio.	The	system	

consists	of	a	lightweight	battery	operated	aircraft,	ground	control	station,	and	

associated	data	link	equipment.	The	E384	airframe	is	constructed	of	EPO	foam	with	

a	carbon	fiber	tail	and	weighs	5.9	lbs.	with	a	wingspan	of	6.2	ft.	and	total	length	of	

4.3	ft.	The	E384	is	powered	by	two	lithium	polymer	batteries	that	drive	an	electric	

propeller.	It	is	hand	launched,	has	maximum	flight	time	of	100	minutes,	and	

operates	at	a	cruising	speed	of	27	mph.	The	ground	control	station	consists of	a	

Turnigy	9XR	remote	and	PC	computer	which	have	a	maximum	data	link	range	of	5.4	

NM.	If	the	E384	loses	link	with	the	ground	control	station	or	detects	a	low	battery	

state	at	any	time	it	will	initiate	a	return-to-launch	sequence.	

The	E384	has	extensive	flight	experience	and	a	history	of	operational	success	

overseas,	including	flights	by	over	one	hundred	professional	operators	on	6	

continents.	It	has	been	used	in	Uganda	to	survey	potential	land	for	the	construction	

of	a	hydroelectric	power	plant.	It	has	also	been	used	in	Greece	by	the	National	

Technical	University	of	Athens	to	study	open-pit	mining.	In	Belize	the	Fishery	

Department	started	routine	flights	with	the	E384	to	track	illegal	fishing	in	protected	

waters.	More	recently	in	the	United	States	the	E384	was	flown	over	three	days	at	the	

Cleveland	Air	show,	demonstrating	its	ability	to	safely	integrate and	operate	in	the	

NAS.	

(please	see	picture	below)	
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For	additional	information	on	the	E384,	reference	Appendix	A (E384	Operations	

Manual) which	specifies aircraft	performance,	operating	limits,	normal	and	

emergency	procedures,	and	fail-safe	features.

3.	Iris+	quad-rotor UAV

The	Iris+	UAV	is	distributed	by	Event	38	located	in	Akron,	Ohio.	The	system	consists	

of	a	lightweight	battery	powered	four	rotor	hovercraft,	ground	control	station,	and	

associated	data	link	equipment.	The	Iris+	airframe	is	constructed	of	plastic,	

lightweight	metal	and	carbon	fiber	components	and	weighs	3.5	lbs	with	a	payload	of	

0.9	lbs. The	Iris+	is powered	by	a	5100	mAh lithium	polymer	batteries	that	drive	

four electric	propellers.	It	is launched by	radio	control,	has	standard	weight	flight	

time	of	13 minutes,	and	operates	at	a	cruising	speed	of	11.2	mph.	The	ground	

control	station	consists	of	a	Turnigy	9XR	remote	and	PC	computer	which	have	a	

maximum	data	link	range	of	.75	mile.	If	the	Iris+ loses	link	with	the	ground	control	

station	or	detects	a	low	battery	state	at	any	time	it	will	initiate	a	return-to-launch	

sequence.	

(please	see	picture	below)	
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4.	Future	Additions to	operating	equipment:	3DR	Solo	UAV

In	addition	to	the	two	UAS	described	in	more	detail	in this	application,	CVI	intends	

to	extend the	approval for	the	purposes	described	below	to	additional	UAS	to	

provide	additional	capacity	and	replacement	of	obsolete	equipment.	An example	is	

the	UAS	known	as	the	Solo	manufactured	by	3D	Robotics of	Berkeley	and	San	Diego,	

California.	It	has	very	similar	specifications	and	characteristics	as	the	Iris+	and	thus	

will	not	be	detailed	in	this	application.	

(please	see	picture	below)	
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B. Statutory	Authority

1.	FAA	Modernization	and	Reform	Act	of	2012,	Section	333	

Section	333	(a)	states	that	the	FAA	“shall	determine	if	certain	unmanned	aircraft	

systems	may	operate	safety	in	the	national	airspace	system	before	completion	of	the	

plan	and	rulemaking	required	by Section	332”.	Section	333	(b)	then	lists	several	

factors	that	should	be	considered	in	determining	which	UAS’	would	be	eligible	for	

expedited	integration	into	the	National	Airspace	System	(NAS).	Specifically UAS’	

that	“as	a	result	of	their	size,	weight,	speed,	operational	capability,	proximity	to	

airports	and	populated	areas,	and	operation	within	visual	line	of	sight	do	not	create	

a	hazard	to	the	users	of	the	national	airspace	system	or	the	public,	or	pose	a	threat	

to	national	security”.	If	a	UAS	meets	the	criteria	laid	forth	in	Section	333	(b),	Section	

333	(c)	then	gives	the	FAA	the	authority	to	decide	if	an	airworthiness	certification	as	

specified	by	Title	49	United	States	Code,	Section	44704	is	even	required	for	

operation.	Section	333	(c)	specifically	states	that	the	FAA	can	determine	“whether	a	

certificate	of	waiver,	certificate	of	authorization,	or	airworthiness	certification	

under	section	44704	of	Title	49,	United	States	Code,	is	required	for	the	operation	of	

unmanned	aircraft	systems”.	Thus,	the	FAA	has	the	ability	to	allow	a	UAS	that	meets	

the	criteria	put	forth	in	Section	333	(b)	to	operate	within	the	NAS	without	an	

airworthiness	certification	as	long	as	the	UAS	does	not	pose	any	hazard	or	threat	to	

the	NAS,	public,	and	national	security.	

2.	How	CVI meets	the	criteria	laid	forth	in	Section	333

Below	are	the	criteria	laid	forth	in	Section	333	(b)	and	a	detailed	description	of	how	

CVI meets	each	of	these	criteria.	

a. Size,	Weight,	and	Speed

The	E384’s	foam	airframe	weighs	5.9	lbs.,	has	a	6.2	ft.	wingspan,	length	of	4.3	ft.,	and	

operates	at	cruising	speeds	of	27	mph.	This	small,	lightweight	aircraft	that	operates	

at	relatively	slow	speeds	will	poses	little	to	no	hazard	to	people	or	structures	on	the	

ground,	thus	making	it	an	exponentially	safer	alternative	to	manned,	fixed	wing	

aircraft	for	aerial	imaging.

The	Iris+’s	lightweight	airframe	weighs	4.4	lbs.	with	maximum	payload	and	

operates	at	cruising	speeds	of	11.2	mph.	This	small,	lightweight	aircraft	that	

operates	at	relatively	slow	speeds	will	poses	little	to	no	hazard	to	people	or	

structures	on	the	ground,	thus	making	it	an	exponentially	safer	alternative	to	

manned,	fixed	wing	aircraft	for	aerial	imaging.

b.	Operational Capability	

The	primary	functions of	the	E384 and	Iris+ are to	provide	aerial	imagery	using	one	

of	two	interchangeable	geo-reference	still	cameras.	High	resolution	data	generated	
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from	these	cameras	offer	a	wide	range	of	applications	through	analysis,	such	as	

biomass	estimation,	yield	monitoring,	leaf	area	indexing	and	overall	plant	health.	

The	E384 and	Iris+	are hand	launched	on-site,	requiring	no	runway	for	take-off	and	

landing	and	no	transit	to	and	from	the	site.	Once	airborne,	the	E384 and	Iris+ will	fly	

at	an	altitude	of	400	ft.	AGL	or	less	over	the	designated	agricultural	plot.	Prior	to	

flight,	the	Pilot	in	Command	(PIC)	sets	a	designated	flight	area	and	flight	parameters	

to	ensure	that	the	E384 and	Iris+ will	remain	within	the	confines	of	the	approved	

site	and	not	exceed	a	maximum	altitude	400	ft.	AGL.	If	a	critical	issue	such	as	a	low	

battery	state	or	a	loss	of	data-link	is	detected	at	any	time	the	E384	and	Iris+	will	

immediately	execute	a	return-to-launch	sequence	(Reference	Appendix	A	&	B).	The	

E384	and	Iris+	small	operational	footprint	and	built-in	safety	protocol	provide a	

much	safer	alternative	for	aerial	imaging	and	would	pose	a	minimal	hazard	to	the	

NAS	or	public.

c.	Proximity	to	Airports/Populated	Areas	

The	E384	and	Iris+	will	only	operate	over	lightly	populated	farm	fields for	the	

purpose	of	collecting	aerial	imagery.	CVI will	not	perform	flyovers	within	5	NM	from	

any	commercial	airports.	The	E384	and	Iris+	will	also	operate	at	an	altitude	of	400	ft.	

AGL	or	less,	and	as	a	result	will	be	vertically	and	laterally	de-conflicted	from	

manned	general	aviation	aircraft	operations.	By	operating	at	low	altitudes	over	farm	

fields,	the	E384 and	Iris+ will	pose	no	threat	to	individuals	or	structures	on	the	

ground	and	will	remain	well	clear	of	any	and	all	air	traffic. See	note	below	on	

deconflicting	with	manned	agricultural	aircraft.

d.	Visual Line of Sight (VLOS)	

The	E384	and	Iris+	will	be	flown	in	accordance	with	day	Visual	Flight	Rules	(VFR)	

and	only	in	Visual	Meteorological	Conditions	(VMC)	during	day-light	hours.	The	

E384	and	Iris+	will	operate	within	1	NM	and	VLOS	of	the	PIC	and	the	Safety	

Observer at	an	altitude	400	ft.	AGL	or	less.	The	Safety	Observer	will	be	responsible	

for	ensuring	that	the	E384	and	Iris+	remain within	VLOS	at	all	times	and	will	also	

assist	in	spotting	potential	hazards.	

e. Deconflict	with	manned	agricultural	aircraft

The	airspace	over	agricultural	fields	at	altitudes	below	400	ft	is	also	used	by	small	

manned	aircraft	for	purposes	such	as	crop	dusting,	spraying	chemical	treatments,	

and	seeding	cover	crops.	In	order	to	eliminate	potential	issues	with	using	the	same	

airspace	at	the	same	time,	a	portable	battery	operated	aviation	communications	

radio	will	be	used	to	communicate	to	any	VFR	aircraft	operating	in	the	vicinity	of	the	

fields	or	research	plots	being	photographed	by	CVI.	A	scripted	message in	

accordance	with	general	aviation	practices will	be	broadcast	by	the	PIC	before	

commencement	of	any	flight	and	after	its	completion.	 Finally,	the	Safety	Observer	

will	notify	the	pilot	in	command	immediately	of	any	spotted	aircraft using	the	same	

airspace	in	the	vicinity	of	the	operations,	upon	which	the	PIC will	land	the	UAS.
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3.	Other	Relevant	Factors

a.	Operational	Limitations	

CVI	has	established	the	following	operational	limitations	for	E384	and	Iris+	flights	

over	designated	agricultural sites:

1) E384 and	Iris+ flights	are	only	permitted	over	designated	farm	fields,	

research	plots,	or	associated	sparsely	populated	areas.

2) The	E384 and	Iris+ will	operate	at	or	below	400	ft.	AGL

3) The E384 and	Iris+	will operate within 1NM and within VLOS of the PIC and	

Safety	Observer

4) The	Safety	Observer	will	ensure	the	aircraft	remains	within	VLOS	and	assist	

in	spotting	potential	hazards	

5) The E384 and	Iris+	will operate in accordance with Day VFR (Visual	Flight	

Rules)	and	only	during	daylight	hours	

6) The	duration	of	each	E384	and	Iris+	flight	shall	not	exceed	100	minutes

7) All take-off and landings will occur on-site in accordance with the	

E384	and	Iris+	Operations	Manual	(Reference	Appendix	A	&	B)	

8) E384 and	Iris+	operations will be conducted by CVI	management.

9) E384 and	Iris+	flights will be cancelled in the event that any aircraft or

ground	control	station	equipment	is	inoperative	or	not	fully	functional	

10) If	the	PIC	or	Safety	Observer	spot	a	potential	hazard,	such	as	a	manned	

aircraft	within	close	proximity	to	the	designated	flight	area,	the	PIC	will	

immediately	land	the	E384 and	Iris+ and	operations	will	only	resume	after	

the	hazard	is	clear	of	the	area	

11) All	E384 and	Iris+ maintenance	will	be	accomplished	in	accordance	with	the	

Event	38	Knowledge	Database	available	online	or	by	direct	communication	

with	expert	staff	at	Event	38

12) Only	one	E384	or	Iris+	will	be	airborne	at	any	given	time	for	each	designated	

farm	field	or	research	plot

13) The PIC will file a NOTAM for E384 and	Iris+	flights at each	farm	or	research	

plot,	for	operations	in	the	vicinity	of	a	range	and	distance	from	common	

landmarks,	with a	date/time	for	operations.

CVI	will	be	bound	by	these	limitations	for	commercial	flights	after	FAA	approval	of	

the	exemptions	laid	forth	in	this	petition.	CVI	will	also	follow	any	guidance	from	the	

FAA	in	accordance	with	Sec	333	(c)	which	states	that	after	determining	if	a	UAS	

meets	the	criteria	for	safe	operation	that	the	FAA	“shall	[also]	establish	

requirements	for	the	safe	operation	of	the”	UAS	in	the	NAS.	

b. Flight	Locations:	Farm	Fields	and	Research	Plots

With	global	population	growth	on	relatively	fixed	agricultural	land,	there	is	a	short	

and	long	term	need	to	maintain	and	improve	the	productivity	of	the	lands	currently	

used	in	food,	fiber	and	energy	production.	Likewise,	current	and	expected	practices	

in	agricultural	production	in	the	USA	and	globally	are	intensive	in	the	management	
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of	all	inputs,	including	sunlight,	water,	natural	soil	nutrients	and	applied	nutrients.	

Pest	management	of	weeds, insects,	fungi,	etc.,	requires	application	of	chemicals.	

Long	term	sustainability	of	farming	practices	requires	ever	increasing	awareness	of	

the	effectiveness of	these	treatments	as	well	as	finding	ways	to	minimize	their	

impact	from	an	environmental	and	economic	standpoint.	

CVI	has	developed	an	effective	process	for	communicating	the	health	and	variability	

of	farm	fields	to	the	crop	grower	by	utilization	of	aerial	photos	taken	from	a	small	

fixed	wing	airplane,	such	as	a	Cessna	172.	The	ability	to	leverage	high	resolution	

detail	in	modern	digital	photographs	in	face	to	face	conversations	with	the	growers	

has	been	crucial	in	showing	the	grower	where	he	has	real	or	potential	problems	in	

his fields.	CVI	also	makes	a	practice	of	collecting	yield	samples	from	the	field	based	

on	locations	identified	in	the	aerial	photos	in	order	to	plan	further	research	plots	to	

address	the	potential	for	improvements	in	the	farming	practices	from	an	

environmental,	yield,	and	economic	standpoint.	

For	CVI,	the	potential	of	the	UAS	(unmanned	aerial	system)	to	increase	the	

resolution	of	these	photographs,	utilize	geo-referenced	images,	and	add	other	

spectral	sensors	to	the	information	content	has	great	potential	to	accelerate	

acceptance	of	improved	farming	practices	on	a	grower-by-grower	basis,	as	well	as	

provide	imagery	and	data	to	communicate	to	the	general	agricultural	community.	

In	addition,	in	recent	years CVI	has	also	become	more	active	in	documentation	of	

plant	development	and	environmental	variability	in	small	plots.	The	level	of	detail	

required	to	properly	document	these	plots	thru	the	season	requires	the	kind	of	

precision	and	repeatability	offered	by	the	modern	UAS	as	represented	by	the	E384	

fixed	wing	and	Iris+	multi-rotor	UAV.

Photos	of	a	broad	field	used	for	research	and a	specific	research	plot taken	from	a	

Cessna	172	are	included	below	to	demonstrate	the	kind	of	imagery	currently	being	

collected,	and	show	the	potential	that	could	be	gained	by	closer-in,	higher	resolution	

photos,	as	well	as	multi-spectral	sensors	to	observe	soil	and	plant	health and	

variability.
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Aerial	Photo	of	farm	field	showing	area	and	by-row	variability

Aerial	Photo	of	a	Research	Plot	within	a	traditional	farm	field

D.	Basis	for	Petition	
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Name	and	Address	of	the	Petitioner

Cedar	Valley	Innovation	LLC,	att:	Robert	Recker,	founder	&	owner,

116	W	Schrock	Rd

Waterloo,	IA	50701

Phone:	319-240-2200

e-mail:	cedarvalleyinnovation@gmail.com

Federal	Tax	ID:	59-3795268

Specific	Sections	of	14	CFR	from	which	Cedar	Valley	Innovation	(CVI) Seeks	

Exemption	

Below	are	the	sections	from	which	CVI seeks	exemption,	with	specifics	

on	the	extent	of	relief	sought,	reason	for	relief,	and	why	exemption	would	not	

adversely	affect	safety.	

a.	Part	21	Subpart	H	– Airworthiness	Certification	

Part	21	Subpart	H	establishes	the	requirements	for	the	issuance	of	an	airworthiness	

certificate.	CVI seeks	complete	exemption	from	Part	21	Subpart	H	pursuant	with	

Section	333,	which	authorizes	the	FAA	to	exempt	a	UAS	from	the	requirements	of	an	

airworthiness	certificate	based	on	consideration	of	the	following:	size,	weigh,	speed,	

operational	capability,	proximity	to	airports	and	populated	areas,	and	operation	

within	VLOS.	

An	equal	level	of	safety	will	be	achieved	with	the	operational	limitations	established	

in	this	document	(Reference	B.3.a)	for	all	CVI E384 and	Iris+ flights.	Specifically, that	

all	flights	will	occur	within	VLOS	of	the	PIC	and	Safety	Observer,	at	an	altitude	of	400	

ft.	AGL	or	less,	and	only	over	designated	agricultural	fields	and	research	plots.	As	a	

result,	the	E384	and	Iris+	can	safely	operate	without	creating	a	hazard	to	any	other	

aircraft,	people,	or	structures	on	the	ground.	

b.	45.23	(b)	– Marking	Requirements	

After	UAV	registration,	if	CVI	has a	registration	number	assigned	by	the	FAA	CVI	will	

fully	comply	with	the	marking	requirements	as	defined	by	the	FAA	for	marking	the	

UAV.	The	N-Number	currently	reserved	by	CVI	is	N116CV	and	will	be	used	on	both	

aircraft.	

Since	the	E384	and	Iris+	will	always	be	within	VLOS	of	the	PIC	(positioned	at	the	

ground	control	station)	and	flown	at	a	low	altitude	(400	ft.	AGL	or	less)	the	

markings	on	the	airframe	and	a flag	located	at	the	ground	control	station	would	

allow	all	parties	to	visually	be	informed	of	the	UAS’	operating	status.

c.	91.7	(a)	– Civil	Aircraft	Airworthiness	

91.7	(a)	states	that	“no	person	may	operate	a	civil	aircraft	unless	it	is	in	an

airworthy	condition.”	CVI seeks	full	exemption	from	this	regulation,	since	CVI will	

achieve	a	high	level	of	safety	by	using	E384	and	Iris+	Operations	Manual	(Appendix	

A	and	B)	which	contain	pre-flight	protocol	for	each	flight,	safety	checks,	and	

comprehensive	maintenance	procedures.	In	addition, the	E384	and	Iris+	have

already	demonstrated	the	ability	to	fly	safely	in	the	NAS	at	the Cleveland	Air-show,	

and	thus	are airworthy.

d.	91.9	(b)	– Civil	Aircraft	Flight	Manual	in	the	Aircraft	

91.9	(b)	states	that	no	person	may	operate	an	aircraft	unless	there	is	a	current	

approved	flight	manual	for	the	aircraft	onboard.	The	E384	and Iris+	small	and	
11

lightweight	airframes	are not	physically	capable	of	carrying	an	aircraft	flight	manual	

onboard.	In	addition	to	this	the	E384 and	Iris+	are unmanned,	and	the	PIC	is	located	

at	the	ground	control	station.	CVI thus	seeks	exemption	from	the	requirement	to	

carry	the	aircraft	flight	manual	onboard.	CVI instead	proposes	that	the	E384 and	

Iris+ Operations	Manual	(Reference	Appendix	A	and	B),	which	contains	information	

normally	found	in	an	aircraft	flight	manual,	be	kept	at	the	ground	control	station	

where	it	is	readily	assessable	to	the	PIC	and	Safety	Observer	for	reference.	

If	it	were	physically	possible	for	these	required	documents	to	be	placed	onboard	the	

aircraft,	the	PIC	and	Safety	Observer	would	have	no	means	of	accessing	the	

information	due	to	the	fact	that	E384	and	Iris+	is	unmanned	with	no	aircrew	

onboard.	Therefore,	an	equal	level	of	safety	will	be	meet	by	keeping	the	E384	and	

Iris+	Operations	Manual	at	the	ground	control	station	where	it	will	be	readily	

accessible	(within	arm’s	reach)	to	the	PIC	who	is	operating	the	aircraft,	thus	meeting	

the	intent	of	the	regulation.

e.	91.103	– Preflight	Action	

91.103	requires	that	the	PIC	be	familiar	with	specific	information	before	each	flight	

such	as	weather,	forecast,	and	fuel	requirements.	In	addition	to	this	the	PIC	must	be	

familiar	with	information	found	within	the	approved	flight	manual	relating	to	

aircraft	performance	and	take-off	and	landing	distances.	Due	to	the	fact	that	the	

E384 and	Iris+	have no	FAA-approved	flight	manual	CVI seeks	exemption	from	this	

regulation.	CVI proposes	to	use	the	E384	and	Iris+	Operations	Manual	(Reference	

Appendix	A	and	B)	in	lieu	of	an	FAA-approved	flight	manual.	This	publication	has	

pre-flight	checklists	that	include	reviewing	weather,	battery	requirements,	take-off	

and	landing	distances,	and	aircraft	performance	data.	The	information	found	in	the	

E384	and	Iris+	Operations	Manual	is	comparable	to	the	information	found	in	a	FAAapproved	flight	manual,	to	include	a	comprehensive	step-by-step	pre-flight	checklist.	

As	a result	an	equal	level	of	safety	will	be	maintained	by	the	PIC	using	this	

publication,	which	addresses	the	items	listed	in	91.103.

f.	91.109	– Flight	Instruction	

91.109	states	that	“no	person	may	operate	a	civil	aircraft	that	is	being	used	for	flight	

instruction	unless	that	aircraft	has	fully	functioning	dual	controls”.	The	E384	and	

Iris+	is	operated	by	the	PIC	through	a	ground	control	station	that	communicates	

with	the	aircraft	via	line	of	sight	(LOS)	transmissions.	The	E384	and	Iris+	by	design	

do not	have	fully	functioning	dual	controls	and	as	a	result	CVI seeks	exemption	from	

this	regulation.	

Exemption	from	this	regulation	requiring	dual	controls	will	not	create	a	safety	

hazard	because	the	E384	and	Iris+	are	unmanned	and	do not	carry	a	pilot	or	

passengers	on	board.	In	addition	the	E384	and	Iris+	small	size	and	lightweight

airframes are significantly	less	hazardous	to	persons	and	structures	on	the	ground	

than	a	manned,	fixed-wing	aircraft.	Because	the	E384	and	Iris+	ground	control	

station	consist	of	a	RX9	controller	and	PC	computer,	it	will	be	accessible	to	both	the	

Instructor	and	Student	at	all	times.	The	“controls”	can	in	essence	be	passed	back	and	

forth	between	the	Instructor	and	Student,	achieving	an	equivalent	level	of	safety	as	

having	two	sets	of	controls.	

g.	91.119	– Minimum	Safe	Altitude	
12

91.119	establishes	the	minimum	altitude	that	civil	aircraft	may	safely	operate	at.	

91.119	(c)	specifically	states	that	over	“other	than	congested	areas”	a	civil	aircraft	

cannot	operate	below	an	“altitude	of	500	feet	above	the	surface,	except	over	open	

water	or	sparsely	populated	areas	(and)	in	those	cases,	the	aircraft	may	not	be	

operated	closer	than	500	feet	to	any	person,	vessel,	vehicle,	or	structure”.	The	sole	

function	of	the	E384	and	Iris+	is	to	fly	at	low	altitudes	over	farm	fields	and	research

plots,	which	can	be	categorized	as	“other	than	congested	areas”.	Small	UAS’,	like	the	

E384 and	Iris+,	by	design	are	typically	flown	at	altitudes	of	less	than	500	ft.	AGL	and	

in	close	proximity	to	the	PIC	and	Safety	Observer	to	maintain	VLOS.	CVI has	

established	operating	limitations	to	achieve	the	highest	level	of	safety,	specifically	

that	the	E384	and	Iris+	will	not	operate	above	400	ft.	AGL	and	that	the	E384	and	

Iris+	will	remain	within	VLOS	of	the	PIC	and	Safety	Observer.	For	these	reasons	CVI

seeks	exemption	from	this	regulation.	

In	addition,	the	E384	and	Iris+	small	size	and	lightweight airframes	are significantly	

less	hazardous	to	persons	and	structures	on	the	ground	than	a	manned,	fixed-wing	

aircraft	providing	the	same	service.	Also	by	operating	at	an	altitude	of	400	ft.	AGL	or	

less	the	E384	and	Iris+	will	be	vertically de-conflicted	from	manned	aircraft	that	are	

subject	to	this	minimum	safe	altitude	regulation	and	thus	an	equal	if	not greater	

level	of	safety	will	be	maintained.	

h.	91.121	– Altimeter	Settings	

91.121	requires	aircraft	to	maintain	a	cruising	level	or	flight	level	in	reference	to	a	

current	reported	altimeter	setting.	The	E384	and	Iris+	are not	equipped	with	a	

programmable	altimeter	but	rather	determines	location	and	altitude	via	an	onboard	

GPS.	Also	since	the	E384	and	Iris+	will	be	operating	at	or	below	400	ft.	AGL,	there	is	

no	need	to	maintain	hemispherical	cruising	altitudes	for	de-confliction	with	manned	

aircraft.	For	these	reasons	CVI seeks	exemption	from	this	regulation.	

An	equal	level	of	safety	will be	achieved	through	the	E384	and	Iris+	GPS,	which	

provides	altitude	and	location	data	to	the	PIC	via	the	ground	control	station.	The	

E384	and	Iris+	Operations	Manual	specifically	addresses	checking	the	GPS	read-out	

to	ensure	that	it’s	within	tolerance	prior	to	commencing	flight	operations.	This,	

combined	with	the	fact	that	the	aircraft’s	altitude	will	be	visually	monitored	by	the	

PIC	and	Safety	Observer,	ensures	an	equal	level	of	safety	is	attained	in	lieu	of	

referencing	an	altimeter	setting.	Furthermore	by	operating	at	or	below	400	ft.	AGL	

the	E384	and	Iris+	will	not	create	a	hazard	to	any	manned	aircraft	maintaining	

hemispheric	cruising	altitudes	based	on	a	current	altimeter	setting.

i.	91.151	(a)	– Fuel	Requirements	for	Flight	in	VFR	Conditions	

91.151	(a)	states	that	no	person	may	begin	a	flight	in	Day	VFR	conditions	unless	

there	is	enough	fuel	to	fly	to	the	intended	landing	point	and	fly	for	30	minutes	after	

that	point is	reached.	The	E384	and	Iris+	are	battery	operated	and	do	not	carry	fuel.	

They have a	maximum	flight	time	of	100	minutes	on	fully	charged	batteries.	

Compliance	with	the	regulation	would	leave	the	E384	and	Iris+	with	70	minutes	of	

flight	time.	70	minutes	of	flight	time	would	be	sufficient	enough	to	accomplish	the	

task	of	imaging	the	designate	agricultural	plot	but	this	restriction	is	not	necessary	

due	to	the	fact	E384	and	Iris+	have the	ability	to	land anywhere.	Therefore,	CVI

seeks	full	exemption	from	this	regulation	because	the	risk	or	danger	associated	with	

failing	to	reach	a	safe	landing	point	with	30	minutes	of	extra	“fuel”	does	not	exist.	
13

The	E384	and	Iris+	do not	have	to	return	to	a	“landing	point”	but	rather	can	be	

safely	put	down	anywhere	over	any	farm	field	or	research	plot.	

An	equal	level	of	safety	will	be	maintained	simply	by	the	fact	that	the	E384	and	Iris+	

are designed	to	safely	land	anywhere	over	any	farm	field	or	research	plot in	the	

event	that	the	battery	is	exhausted.	Any	risk	associated	with	battery	duration	(fuel)	

in	relationship	to	flight	time	is	mitigated	by	the	fact	that	E384	and	Iris+	have the	

ability	to	land	anywhere	and	at	any	given	time.

j.	91.203	(a)	&	(b)	– Civil	Aircraft:	Certifications	Requirements	

91.203	requires	all	civil	aircraft	to	have	“within	it...an	appropriate	and	current	

airworthiness	certificate”	that	must	be	“displayed	at	the	cabin	or	cockpit	entrance	so	

that	is	legible	to	passengers	or	crew”	The	E384	and	Iris+	due	to	their	size	and	design,	

have no	cabin	or	cockpit	and	therefore	do not	have	the	ability	to	affix	or	carry	

certification	or	registration	documents.	Furthermore, the	E384	and	Iris+	do not	

carry	any	passengers	or	crew	for	whom	the	certificate	is	required	to	be	displayed.	

CVI proposes	that	any	FAA-required	documents	be	kept	at	the	ground	control	

station	and	that	a	small	label be	affixed	to	the	E384	and	Iris+	airframe	with	

manufacturer,	registration,	and	contact	information.	

An	equal	level	of	safety	will	be	achieved	by	having	any	FAA required	documents	

located	at	the	ground	control	station	where	it	will	be	readily	accessible	to	the	PIC	

and	any	other	agencies	that	may	require	the	information.	Having	a	label attached	to	

the	E384	or	Iris+	airframe	will	also	allow	any	person	or	agencies	to	be	informed	of	

the	UAS’	origin	and	status.

k.	Part	91	Subpart	E	(91.401-91.417)	– Maintenance,	Preventative	

Maintenance,	and	Alterations	

These	regulations	provided	the	maintenance	and	inspections	requirements	in	

reference	to	Part	39	and	Part	43.	91.405 (a)	specifically	states	that	“no	person	may	

perform	maintenance,	preventive	maintenance,	and	alterations	on	an	aircraft	other	

than	as	prescribed	in	this	subpart	and	other	applicable	regulations,	including	part	

43	of	this	chapter”.	CVI seeks	full	exemption from	these	regulations	due	to	the	fact	

that	an	equal	level	of	safety	will	be	achieved	by	using	the	E384	and	Iris+	Operations	

Manual	(Reference	Appendix	A	and	B). CVI will	ensure	that	all	maintenance	

performed	on	the	E384	and	the	Iris+	by	the	PIC	and	manufacturer	is	documented	in	

accordance	with	91.407	(a)	(1).	Specifically, that	the	records	will	include	“a	

description	of	the	work	performed;	and	the	date	of	completion	of	the	work	

performed;	and	the	signature...of	the	person	approving	the	aircraft	for	return to	

service”.	The	PIC	will	authorize	the	E384 and	Iris+ for	return	to	service	for	all	

maintenance	covered	in	the	E384	and	Iris+	Operations	Manual	and	will	authorize	

the	E384	and	Iris+	for	return	to	service	for	all	maintenance	that	is	outside	the	scope	

of the	Operations	Manual.	CVI will	also	ensure	that	no	modifications	or	alterations	

are	made	to	the	airframe	that	affect	the	flight	operating	characteristics	of	the	E384	

and	Iris+.

3.	How	request	benefits	public	as	a	whole	

The	E384	and	Iris+	are	safe,	efficient,	and	a economical	alternatives to	manned,	

fixed- wing	aircraft	that	are	currently	being	used	to	conduct	aerial	imaging	of	farm	

fields	and	research	plots. There	are	multiple	reasons	why	the	public	would	benefit	
14

from	granting	CVI exemptions	from	these	regulations:	1)	reduce	the	number	of	

manned	aircraft	in	the	NAS,	2)	reduce	air	and	noise	pollution,	3)	reduce	the	risk	to	

life	and	property	on	the	ground,	and	4)	increase	economic	growth,	

Utilizing	the	E384	and	Iris+	in	lieu	of	a	traditional	manned,	fixed	wing	aircraft	will	

result	in	the	overall	reduction	of	manned	aircraft	in	the	NAS.	Thus	there	will	be	less	

aircraft	that	require	control	and	coordination	with	Air	Traffic	Controllers	(ATC).	

Because	the	E384	and	Iris+	can	take-off	and	land	on-site	and	operate	at	an	altitude	

of	400	ft.	AGL	(or	less)	within	VLOS	of	the	PIC	there	is	no	need	for	ATC	to	provide	

coordination	during	ground,	take- off,	departure,	transit,	arrival,	and	landing	phases	

of	flight.	At	less	than	10 lbs.	the	battery	operated	E384	and	Iris+	with electric	

motor(s)	provide a	much	quieter	alternative	to	manned,	fixed-wing	or	multi-rotor	

aircraft.	Traditionally	a	manned	aircraft	would	have	to	transit	from	the	departure	

airport	to	the	desired	site	and	fly	at	low	altitudes	to	achieve	high-resolution	imagery.	

The	E384	and	Iris+	will	require	no	transit	time,	and	the	electric	motor(s) will	be	

exponentially	quieter	than	a	single-engine	combustion	motor	on	passenger	aircraft	

that	is	typically	used	to	conduct	aerial	imaging.	In	addition, the	E384	requires	no	

fuel	since	it	is	battery	operated.	A	manned	aircraft	on	the	other	hand	typically	burns	

10 - 30	gallons	of	aviation	fuel	per	hour	which	is	polluting	the	air	not	only	over	the	

site	but	over	the	path	of	transit	and	around	the	airport.	Conducting	aerial	imaging	

with	the	E384	and	Iris+	in	lieu	of manned	aircraft	would	thus	greatly	reduce	both	air	

pollution	and	noise	pollution	which	is	of	great	benefit	to	the	public.	

Using	the	E384	and	Iris+	would	also	greatly	reduce	if	not	completely	eliminate	the	

risk	to	life	and	property	on	the	ground.	The	E384	and	Iris+ incredibly	small	size,	

reduced	weight,	and	lightweight	airframe	pose	minimal hazard	to	people	or	

structures	on	the	ground	as	opposed	to	a	manned	single engine-passenger	aircraft	

which	has	a	much	greater	potential	for	collateral	damage.	In	addition, the	E384	and	

Iris+	are unmanned	and	as	a	result	the	risk	associated	with	piloting	these aircraft	is	

non-existent.	Overall	the	E384	and	Iris+	provide a	much	safer	alternative	to	manned,	

fixed-wing	aircraft	operations	for	the	purpose	of	collecting	aerial	imagery.	

Lastly	using	the	E384 and	Iris+ to	provide	aerial	imagery	would	result	valuable	

agronomic data.	High-resolution	data	generated	from	E384	and	Iris+	flights	would	

provide	scientists,	agronomists,	farmers,	and	researchers with	invaluable	

information	on	soil	and	plant	health,	biomass	estimation,	yield	monitoring,	leaf	area	

indexing,	and	overall	crop health.	The	preservation	and	conservation	of	farm	land	

and	waterways are	critical	for	economical,	cultural	and	ethical	reasons.	In	order	to	

properly	mitigate	the	human	impact	on	nature,	there	must	exist	the	collective-will	

to	execute	smart	agronomic	strategies	for	food	production	in	a	sustainable	fashion.

It	is	the intent	of	CVI	to	assist	on	the	following	agronomic strategies,

a) Establishment	and	rehabilitation	of	high	quality	soils	and	crops to	benefit	

sustainable	food	production.

b)	Increase	of	cover,	diversity	and	population	of native	and	genetically	modified	

plants

c) Manage	rainfall	absorption	and	runoff

d) Manage	invasive	plants

e) Improve habitat	quality	for	native	flora	and	fauna
15

4.	Additional	information,	views,	and	arguments	

The	following	documents	have	been	included	as	Appendices	to	this	Petition.	These	

appendices	have	been	submitted	confidentially	for	proprietary	reasons	and	will	not	

be	available	to	the	public.	

Operations	Manual	...............................................................Appendix	A E834

Operations	Manual	...............................................................Appendix	B	Iris+

5.	Summary	for	Federal	Register	

Pursuant	with	Section	333	of	the	FAA	Modernization	and Reform	Act	of	2012,	Cedar	

Valley	Innovation LLC	requests	exemption	from	the	following	Federal	Aviation	

Regulations	that	are	found	under	Title	14	of	the	Code	of	Federal	Regulations:	Part	

21	Subpart	H,	45.23	(b),

91.7	(a),	91.9	(b),	91.103,	91.109,	91.119,	91.121,	91.151	(a),	91.203	(a)	(b),	Part	91	

Subpart	E	(91.401-91.417).	Exemption	from	these	regulations	would	allow	Cedar	

Valley	Innovation LLC	to	operate	the	E384	and	Iris+	Unmanned	Aerial	System	over	

Agricultural	Fields	and	Research	Plots for	the	purpose	of	providing	high-resolution	

aerial	imagery.