June 11, 2015

Exemption No. 11797

Regulatory Docket No. FAA–2015–1053

Mr. Jeffrey J. Antonelli

Counsel for Leading Edge Technologies, LLC

Antonelli Law

100 North LaSalle Street, Suite 2400

Chicago, IL 60602

Dear Mr. Antonelli:

This letter is to inform you that we have granted your request for exemption. It transmits our 

decision, explains its basis, and gives you the conditions and limitations of the exemption, 

including the date it ends.

By letter dated April 7, 2015, you petitioned the Federal Aviation Administration (FAA) on 

behalf of Leading Edge Technologies, LLC (hereinafter petitioner or operator) for an 

exemption. The petitioner requested to operate an unmanned aircraft system (UAS) to 

conduct precision agriculture.

See Appendix A for the petition submitted to the FAA describing the proposed operations and 

the regulations that the petitioner seeks an exemption.

The FAA has determined that good cause exists for not publishing a summary of the petition 

in the Federal Register because the requested exemption would not set a precedent, and any 

delay in acting on this petition would be detrimental to the petitioner.

Airworthiness Certification

The UAS proposed by the petitioner is a SenseFly eBee.

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

and parts, Subpart H—Airworthiness Certificates. In accordance with the statutory criteria 

provided in Section 333 of Public Law 112−95 in reference to 49 U.S.C. § 44704, and in 
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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, Certification procedures for products and parts, Subpart H—Airworthiness 

Certificates, and any associated noise certification and testing requirements of part 36, is 

not necessary.

The Basis for Our Decision

You have requested to use a UAS for aerial data collection1

. The FAA has issued grants of 

exemption in circumstances similar in all material respects to those presented in your petition. 

In Grants of Exemption Nos. 11062 to Astraeus Aerial (see Docket No. FAA−2014−0352), 

11109 to Clayco, Inc. (see Docket No. FAA−2014−0507), 11112 to VDOS Global, LLC (see

Docket No. FAA−2014−0382), and 11213 to Aeryon Labs, Inc. (see Docket No. 

FAA−2014−0642), the FAA found that the enhanced safety achieved using an unmanned 

aircraft (UA) with the specifications described by the petitioner and carrying no passengers or 

crew, rather than a manned aircraft of significantly greater proportions, carrying crew in 

addition to flammable fuel, gives the FAA good cause to find that the UAS operation enabled 

by this exemption is in the public interest.

Having reviewed your reasons for requesting an exemption, I find that—

• They are similar in all material respects to relief previously requested in Grant of 

Exemption Nos. 11062, 11109, 11112, and 11213;

• The reasons stated by the FAA for granting Exemption Nos. 11062, 11109, 11112, and 

11213 also apply to the situation you present; and 

• A grant of exemption is in the public interest.

Our 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, Leading Edge Technologies, LLC is granted an 

exemption from 14 CFR §§ 61.23(a) and (c), 61.101(e)(4) and (5), 61.113(a), 61.315(a), 

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 the petitioner to operate a UAS to perform 

aerial data collection. This exemption is subject to the conditions and limitations listed 

below.

 

1 Aerial data collection includes any remote sensing and measuring by an instrument(s) aboard the UA. 

Examples include imagery (photography, video, infrared, etc.), electronic measurement (precision surveying, RF 

analysis, etc.), chemical measurement (particulate measurement, etc.), or any other gathering of data by 

instruments aboard the UA.
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Conditions and Limitations

In this grant of exemption, Leading Edge Technologies, LLC is hereafter referred to as 

the operator.

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 SenseFly eBee

when weighing less than 55 pounds including payload. Proposed operations of any 

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

2. Operations for the purpose of closed-set motion picture and television filming are 

not permitted. 

3. The UA may not be operated at a speed exceeding 87 knots (100 miles per hour). The 

exemption holder may use either groundspeed or calibrated airspeed to determine 

compliance with the 87 knot speed restriction. In no case will the UA be operated at 

airspeeds greater than the maximum UA operating airspeed recommended by the 

aircraft manufacturer.

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

(AGL). Altitude must be reported 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 or 

U.S. driver’s license.

6. All operations must utilize a visual observer (VO). The UA must be operated within 

the visual line of sight (VLOS) of the PIC and VO at all times. 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; 

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 duties 

required of the VO.

7. This exemption and all documents needed to operate the UAS and conduct its 

operations in accordance with the conditions and limitations stated in this grant of 

exemption, are hereinafter referred to as the operating documents. The operating 

documents 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, 
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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 or any law enforcement official 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 an 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. 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 prior to conducting further operations under this exemption. 

Functional test flights may only be conducted by a PIC with a VO and must remain at 

least 500 feet from other people. The functional test flight must be conducted in such 

a manner so as to not pose an undue hazard to persons and property.

9. The operator is responsible for maintaining and inspecting the UAS to ensure that it is 

in a condition for safe operation.

10. Prior to each flight, the PIC must conduct a pre-flight inspection and determine the 

UAS is in a condition for safe flight. The pre-flight inspection must account for all 

potential discrepancies, e.g., inoperable components, items, or equipment. 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.

11. The operator must follow the UAS manufacturer’s maintenance, overhaul, 

replacement, inspection, and life limit requirements for the aircraft and 

aircraft components.

12. Each UAS operated under this exemption must comply with all manufacturer 

safety bulletins.

13. Under this grant of exemption, a PIC must hold either an airline transport, 

commercial, private, recreational, or sport pilot certificate. The PIC must also hold a 

current FAA airman medical certificate or a valid U.S. driver’s license issued by a 

state, the District of Columbia, Puerto Rico, a territory, a possession, or the Federal 

government. 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.
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14. The operator may not permit any PIC to operate unless the PIC 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 and currency must be logged in a manner consistent with 

14 CFR § 61.51(b). Flights for the purposes of training the operator’s PICs and VOs 

(training, proficiency, and experience-building) and determining the PIC’s ability to 

safely operate the UAS in a manner consistent with how the UAS will be operated 

under this exemption 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.

15. 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.

16. The UA may not operate within 5 nautical miles of an airport reference point (ARP) as 

denoted in the current FAA Airport/Facility Directory (AFD) or for airports not 

denoted with an ARP, the center of the airport symbol as denoted on the current 

FAA-published aeronautical chart, unless a letter of agreement with that airport’s 

management is obtained or otherwise permitted by a COA issued to the exemption 

holder. The letter of agreement with the airport management must be made available 

to the Administrator or any law enforcement official upon request.

17. 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.

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

pre-determined location within the private or controlled-access property.

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

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

weather conditions) there is enough available power for the UA to conduct the 

intended operation and to operate after that for at least five minutes or with the reserve 

power recommended by the manufacturer if greater.

21. Air Traffic Organization (ATO) Certificate of Waiver or Authorization (COA). All 

operations shall be conducted in accordance with an ATO-issued COA. The 

exemption holder may apply for a new or amended COA if it intends to conduct 

operations that cannot be conducted under the terms of the attached COA.
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22. 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 

(N−Number) markings in accordance with 14 CFR part 45, Subpart C. Markings must 

be as large as practicable.

23. Documents used by the operator to ensure the safe operation and flight of the UAS and 

any 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 aircraft is operating. 

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

official upon request.

24. The UA must remain clear and give way to all manned aviation operations and 

activities at all times. 

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

26. All 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 in a manner ensuring the safety 

of nonparticipating persons; and

b. The owner/controller of any vessels, vehicles or structures has granted permission 

for operating closer to those objects 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.

The PIC, VO, operator trainees or essential persons are not considered 

nonparticipating persons under this exemption.

27. All operations shall be conducted over private or controlled-access property with 

permission from the property owner/controller or authorized representative. 

Permission from property owner/controller or authorized representative will be 

obtained for each flight to be conducted.

28. 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.
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If this exemption permits operations for the purpose of closed-set motion picture and 

television filming and production, the following additional conditions and limitations apply.

29. The operator must have a motion picture and television operations manual (MPTOM) 

as documented in this grant of exemption.

30. At least 3 days before aerial filming, the operator of the UAS affected by this 

exemption must submit a written Plan of Activities to the local Flight Standards 

District Office (FSDO) with jurisdiction over the area of proposed filming. The 3-day 

notification may be waived with the concurrence of the FSDO. The plan of activities 

must include at least the following:

a. Dates and times for all flights;

b. Name and phone number of the operator for the UAS aerial filming conducted 

under this grant of exemption;

c. Name and phone number of the person responsible for the on-scene operation of 

the UAS;

d. Make, model, and serial or N−Number of UAS to be used;

e. Name and certificate number of UAS PICs involved in the aerial filming;

f. A statement that the operator has obtained permission from property owners 

and/or local officials to conduct the filming production event; the list of those 

who gave permission must be made available to the inspector upon request;

g. Signature of exemption holder or representative; and

h. A description of the flight activity, including maps or diagrams of any area, city, 

town, county, and/or state over which filming will be conducted and the altitudes 

essential to accomplish the operation.

31. Flight operations may be conducted closer than 500 feet from participating persons 

consenting to be involved and necessary for the filming production, as specified in the 

exemption holder’s MPTOM.

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.
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This exemption terminates on June 30, 2017, unless sooner superseded or rescinded.

Sincerely,

/s/

John S. Duncan

Director, Flight Standards Service

Enclosures
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Drone/UAS Practice Group 100 North LaSalle Street

Suite 2400

Chicago, IL 60602

Tel. 312.201.8310

 Jeffrey@Antonelli-Law.com

U.S. Department of Transportation April 7, 2015

Docket Management System

1200 New Jersey Ave S.E. 

Washington, D.C. 20590

Re: Request for Exemption under Section 333 of the FAA Modernization and Reform Act 

of 2012 and Part 11 of the Federal Aviation Regulations from Certain Provisions of 14 

C.F.R.

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, Antonelli Law files this petition for exemption on behalf of Leading 

Edge Technologies, LLC (“LET”), an operator of Small Unmanned Aircraft (“UA”) used for 

precision agriculture. Specifically, applicant seeks an exemption from the Federal Aviation 

Regulations (“FARs”) listed in Appendices A and B to allow commercial operation of its UA, so 

long as such operations are conducted within and under the conditions outlined herein or as may 

be established by the FAA in a grant of this petition.

Approval of the exemption for petitioner will allow commercial operation of the senseFly

eBee, for precision agriculture in Class G airspace nationwide, or as otherwise prescribed in an 

Air Traffic Organization (“ATO”) issued COA. The contemplated applications involve precision 

aerial surveys of agricultural areas (including but not limited to farm fields), using a variety of 

sensors and technologies (including but not limited to LIDAR, infrared photography, 

photogrammetry and high-resolution imagery) to collect high quality, actionable data for use by 

farmers, agronomists, crop consultants, and other agriculture industry professionals. The UA 

operations contemplated by this petition are in the public interest because they clearly satisfy the 

"Four D's" of exemplary uses of UAs: to replace work that is dangerous, difficult, dull, or dirty, 

and at the same time provide an equivalent or greater level of safety than alternative manned 

aircraft operations. The UA covered by this petition is a small battery-powered craft, weighing no 

more than 1.8 lbs. (0.8 kg.), inclusive of battery and payload. Operation of the UA under the strict 

conditions proposed below will provide an equivalent level of safety, as Congress intended, while 

still allowing commercial operations. Operations using this UA are far safer than conventional 

operations conducted with helicopters and fixed-wing aircraft that weigh thousands of pounds, 

carry highly flammable fuel, and operate in close proximity to the ground, trees, infrastructure, 

and people. 

Congress directed the FAA to consider seven factors in deciding whether to approve 

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Table of Contents

I. Publishable Summary ........................................................................................................................... 5

II. Petitioner’s Contact Information........................................................................................................... 5

III. Proposed Operations............................................................................................................................. 6

A. The UA..........................................................................................................................................6

B. The Crew.......................................................................................................................................6

C. Flight Conditions ..........................................................................................................................7

D. Flight Operations ..........................................................................................................................7

IV. Aircraft and Equivalent Level of Safety ............................................................................................... 8

V. Proposed Conditions of the Exemption ................................................................................................ 8

VI. Privacy ................................................................................................................................................ 12

VII. Public Interest and Safety ................................................................................................................... 12

VIII.Regulations from Which Exemption is Requested ............................................................................. 14

A. Appendix A: FARs as to which LET wishes the same determination to be made as has 

been made previously. ................................................................................................... 14
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Exhibit List

Exhibit 1: senseFly eBee User Manual...................................Submitted confidentially to the FAA

Exhibit 2: senseFly eBee Justification of Airworthiness and Safety Assessment ............................

.................................................................................................Submitted confidentially to the FAA

Exhibit 3: senseFly eBee Training Documentation ................Submitted confidentially to the FAA

Exhibit 4: senseFly eBee Maintenance Procedures................Submitted confidentially to the FAA

Exhibit 5: Leading Edge Technologies LLC Operating Procedures ................................................

.................................................................................................Submitted confidentially to the FAA

Exhibit 6: eBee Technical Specs ............................................Submitted confidentially to the FAA

Exhibit 7: senseFly eBee.........................................................Submitted confidentially to the FAA

Exhibit 8: senseFly eMotion ...................................................Submitted confidentially to the FAA

Exhibit 9: senseFly Postflight Terra 3D .................................Submitted confidentially to the FAA

Exhibits 1-9 have been submitted confidentially and are not available to the public.
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I. Publishable Summary

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

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

Petitioner seeks an exemption from the following rules: 

14 C.F.R 21(h); 14 C.F.R. 43.7; 14 C.F.R. 43.11; 14 C.F.R. 45.11; 14 C.F.R. 45.27; 14 

C.F.R. 45.29; 14 C.F.R. 91.7(a); 14 C.F.R. 91.9(b)(2); 14 C.F.R. 91.9(c); 14 C.F.R. 

91.103(b)(2); 14 C.F.R. 91.105; 14 C.F.R. 91.109; 14 C.F.R. 91.113(b); 14 C.F.R. 

91.119(c); 14 C.F.R. 91.121; 14 C.F.R. 91.151(a); 14 C.F.R. 91.203(a) and (b); 14 

C.F.R. 215; 14 C.F.R. 91.403; 14 C.F.R. 91.405(a); 14 C.F.R. 91.407(a)(1); 14 C.F.R. 

409(a)(1) and (a)(2); and 14 C.F.R. 91.417(a) and (b) to operate commercially a small 

unmanned aircraft system (UA) (1.52lbs or less).

Approval of the exemption for petitioner will allow commercial operation of the 

senseFly eBee for precision agriculture in Class G airspace nationwide, or as otherwise 

prescribed in an ATO issued COA. The requested exemption should be granted because 

operation of small UA, weighing approximately 1.52 lbs. (0.69 kg.), inclusive of 

battery and payload, conducted in the strict conditions outlined below, will provide an 

equivalent level of safety, while still allowing commercial operations. The lightweight 

aircraft covered by the exemption are far safer than conventional operations conducted 

with helicopters and fixed-wing aircraft weighing thousands of pounds and carrying 

highly flammable fuel, and operating in close proximity to the ground and people. The 

seven factors Congress directed the FAA to consider when approving Section 333 

exemption petitions - size, weight, speed, operational capability, proximity to airports, 

proximity to populated areas, and operation within visual line of sight – each support 

the request. In particular, the aircraft are small, and will operate at slow speeds, and 

close to the ground in order to more safely and efficiently conduct operations that 

would otherwise be significantly more expensive or time consuming. The substantial 

increase of safety and decrease of risk to human life, coupled with the low risk use of 

UAs to conduct these operations, weigh heavily in favor of granting the exemption.

II. Petitioner’s Contact Information

Todd Golly

CEO

Leading Edge Technologies LLC

618 South Main Street

Winnebago, MN 56098

Counsel for Petitioner:

Antonelli Law

100 North LaSalle Street

Suite 2400

Chicago, IL 60602

Tel: 312-201-8310

Fax: 888-211-8624

Email: jeffrey@antonelli-law.com
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III. Proposed Operations

A. The UA

The requested exemption will permit petitioner to operate the eBee, with a maximum 

weight of 1.52 lbs. (0.69 kg.), inclusive of batteries and technical payload. This rotorcraft operates 

at a speed of no more than 49 knots and has the capability to hover and move in the vertical and 

horizontal planes simultaneously. 

The UA will have the following specifications or equivalent:

Airframe: senseFly eBee

Wingspan: 96 cm. (3.2 ft.)

Control System: internal to the eBee which includes the Main Controller (MC), Internal 

Measurement Unit (IMU) with a built-in internal sensor, barometric altimeter (which measures 

attitude and altitude), compass, GPS, and radio receiver (Rx).

Transmitter (Tx): senseFly system with 2.4 GHz

Receiver (Rx): internal to eBee

Motor: electric brushless motor with nominal static thrust of 6.2 N

Data Link: 2.4 GHz USB ground modem

OSD: senseFly eMotion 2 software, which allows live telemetry to be displayed to the visual 

observer, including the battery level and altitude

Batteries: Lithium Polymer batteries with capacity of 2150 mah

Please refer to Exhibits 1-2 and 6-9 for further information about the airframe, control 

system and transmitters. The petition and the supporting documentation in those exhibits and 

Exhibits 3-5 are hereinafter referred to as the “operating documents.” 

The specific conditions of the proposed exemption that relate to the characteristics of the 

UA are numbers 1, 5, and 19 in Section V below. Each has been adopted or imposed by the FAA 

in numerous previous grants of Section 333 exemption petitions. In addition, the FAA has 

previously approved flight of the eBee in Exemption No. 11170.

B. The Crew

The crew will consist of a pilot in command (PIC) and a visual observer (VO). The PIC 

will have, at minimum, a private pilot’s license and a third class medical certificate.

The PIC and VO will have been trained in operation of UA generally and received up-todate information on the UA to be operated pursuant to this grant. The PIC will have completed, at 

a minimum, 16 hours of UA flight training with this specific UA prior to operations, and will be 

required to participate in annual training thereafter. 

The specific conditions of the proposed exemption that relate to the training and 

characteristics of the crew are numbers 3 and 6-10 in Section V below. Each has been adopted or 

imposed by the FAA in numerous previous grants of Section 333 exemption petitions. 
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C. Flight Conditions

The UA will be used for precision agriculture. It will be flown in Class G airspace 

nationwide under 500 feet above ground level (“AGL”), unless otherwise prescribed by an ATO 

issued COA, and under controlled conditions over rural agricultural property. Petitioner will work 

with the local FSDO when planning operations. Petitioner will only operate its UA in visual 

meteorological conditions (VMC). The UA will at all times be no less than 500 feet below and no 

less than 2,000 feet horizontally from a cloud, and petitioner will not conduct operations unless 

visibility is at least 3 statute miles from the PIC. The flight crew will always make a safety 

assessment of the risk of every operation, and will only operate when it is determined that no 

hazards are present.

The 500 feet AGL limitation is in line with the Small UAS Notice of Proposed Rulemaking 

(NPRM). Operation and Certification of Small Unmanned Aircraft, 80 Fed. Reg. 9543 at 9547

(proposed Feb. 23, 2015 (to be codified at 14 C.F.R. Parts 21, 43, 45, et al.)). The FAA determined 

that this higher ceiling was a safe limit because: 

“most manned aircraft operations take place above 500 feet. Specifically, most 

manned aircraft operations conducted over uncongested areas must be flown at an 

altitude above 500 feet AGL, while most manned aircraft operations conducted 

over congested areas must be flown at an even higher altitude. Thus, a 500-foot 

altitude ceiling for small UAS operations would create a buffer between a small 

unmanned aircraft and most manned aircraft flying in the NAS... [T]here is 

significantly less air traffic at or below 500 feet than there is above 500 feet altitude. 

As a result of this difference in air-traffic density, the FAA has determined that 

small UAS operations would not pose a significant risk to manned aircraft 

operations taking place below 500 feet altitude if proper precautions are taken by 

the small UAS operator” Id. at 9562-63.

Should the FAA not allow this request, petitioner will limit flights to 400 feet AGL.

Please refer to Exhibit 5, Section 1.A for additional information regarding flight conditions.

The specific conditions of the proposed exemption that relate to the flight conditions in 

which the UA will be operated are numbers 2, 4, 16, 25, and 27-29 in Section V below. Each has 

been adopted or imposed by the FAA in numerous previous grants of Section 333 exemption 

petitions.

D. Flight Operations

Every UA flight will use at minimum a two person flight crew: a PIC and a VO. The 

standard operational procedures that they will follow are set out in the operating documents, 

specifically Exhibits 1 and 5. Please refer to the following sections for information pertaining to 

operations:

Exhibit 1:

 Section 1.3: Creating a new flight plan

 Section 1.4: The mission phase of a flight

 Section 1.5: Simulating your flight
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 Section 1.6: Getting ready for a mission

 Section 2: Executing a flight

Exhibit 5:

 Section 3: Operating Procedures

 Section 4: Flights

 Section 5: Inspections

 Section 6: Maintenance

 Section 7: Logbooks

The specific conditions of the proposed exemption that relate to flight operations are 

numbers 2, 3-4, 11-18, 20-24, 26-27, and 31-36 in Section V below. Each has been accepted or 

imposed by the FAA in numerous previous grants of Section 333 exemption petitions.

IV. Aircraft and Equivalent Level of Safety

Petitioner proposes that the exemption apply to UAs that have the characteristics and that 

operate with the limitations proposed herein. These limitations provide for a level of safety at least 

equivalent to or higher than manned aircraft operations under the current regulatory structure. 

Section V below identifies the limitations and conditions to which petitioner agrees to be bound 

when conducting commercial operations under a grant of this petition. Appendix A contains a 

matrix connecting: (i) the specific proposed condition with (ii) the FAR provision for which it 

provides an equivalent level of safety and (iii) one or more recent Section 333 exemption grants 

in which the FAA recognized this equivalent level of safety.

Approval of the commercial operations outlined in this petition presents no national security 

issue. The PIC will possess, at minimum, a private pilot’s certificate and third class medical, so 

he or she will have been subject to security screenings by the Department of Homeland Security.

V. Proposed Conditions of the Exemption

1. The UA will weigh no more than 1.8 lbs. (0.8 kg.), inclusive of battery and technical payload.

2. UA operations under this exemption will be limited to conducting operations for the purpose 

of precision agriculture in Class G airspace nationwide.

3. Flights will be operated within line of sight of a pilot and visual observer.

4. Flights will be operated at an altitude of no more than 500 feet AGL, as indicated by the 

procedures specified in the operating documents. All altitudes reported to ATC must be in feet 

AGL.

5. The UA will not be flown at an indicated airspeed exceeding 49 knots.

6. Minimum flight crew for each operation will consist of the UA pilot in command (PIC) and a 

visual observer (VO).

7. The PIC will have, at minimum, a private pilot license and a third class medical certificate.
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8. The petitioner will not permit any PIC to operate unless the PIC meets its qualification criteria 

and demonstrates the ability to safely operate the UA in a manner consistent with how the UA 

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 and currency will be logged in a manner consistent with 14 CFR 

§61.51(b). A record of the PIC training will be documented and made available upon request 

by the Administrator. Training operations will only be conducted during dedicated training 

sessions. During training, proficiency, and experience-building flights, all persons not essential 

for flight operations will be considered nonparticipants, and the PIC will operate the UA with 

appropriate distance from nonparticipants in accordance with 14 CFR § 91.119. 

9. The VO will not perform any other duties beyond assisting the PIC with seeing and avoiding 

other air traffic and other ground based obstacles/obstructions, and will not be permitted to 

operate the camera or other instruments.

10. The PIC will be designated before the flight and will not be allowed to transfer his or her 

designation for the duration of the flight. The PIC will ensure that the VO can perform the 

functions prescribed in these conditions and the operating documents.

11. A briefing will be conducted in regard to the planned UA operations prior to each day’s 

activities. It will be mandatory that all personnel who will be performing duties in connection 

with the operations be present for this briefing. 

12. Prior to each flight, the PIC will inspect the UA, including the Ground Control Station, to 

ensure it is in a condition for safe flight. If the inspection reveals a condition that affects the 

safe operation of the UA, the PIC will not operate the UA until the necessary maintenance has 

been performed and the UA is found to be in a condition for safe flight. All maintenance and 

alterations will be properly documented in the aircraft records.

13. Petitioner will conduct a functional flight test on any UA that has undergone maintenance or 

alterations that affect the UA operation or flight characteristics, e.g. replacement of a flight 

critical component. The PIC who conducts the functional test flight will make an entry in the 

aircraft records. 

14. The petitioner will carry out its maintenance, inspections, and record keeping requirements, in 

accordance with the UA manufacturer’s aircraft/component, maintenance, overhaul, 

replacement, inspection, and life limit requirements set forth in the operating documents. 

Maintenance, inspection, alterations, and status of replacement/overhaul component parts will 

be noted in the aircraft records, including total time in service, description of work 

accomplished, and the signature of the authorized person returning the UA to service. The 

authorized person will make an entry in the aircraft record of the corrective action taken against 

discrepancies discovered between inspections.

15. The UA will be operated within visual line of sight (VLOS) of the PIC and VO at all times. 

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

corrective lenses. PIC and VO will at all times be able to communicate verbally. They will not 

be permitted to use electronic messaging or texting to communicate during flight operations. 

16. The PIC will not begin a flight unless (considering wind and forecast weather conditions) there 
10

is enough power to fly at normal cruising speed to the intended landing point and prepare to

land the UA with 25% battery power remaining. 

17. Actual total flight time for each operational flight will result in no less than a 25% battery 

reserve.

18. The UA will have the capability to abort a flight in case of unexpected obstacles or 

emergencies. 

19. The UA will be programmed so that if it loses communications or loses its GPS signal, it will 

return to a pre-determined location within the planned operating area and land or be recovered 

in accordance with the operating documents

20. If the UA and its radio control link disconnect during flight, the system’s failsafe protection 

will be triggered and the multirotor will return to home and land automatically, rather than 

flying off uncontrollably or landing at an unknown location.

21. The operating documents required under 14 CFR §§ 91.9 and 91.203 will be maintained and 

available to the PIC at the Ground Control Station of the UA any time the UA is operating. 

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

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

grant and the procedures outlined in the operating documents, the grant conditions and 

limitations will take precedence and will be followed. Otherwise, the petitioner will follow the 

procedures outlined in its operating documents. If it updates or revises its operating documents, 

it will present updated and revised documents to the Administrator upon request. If the 

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

granted the exemption, then the Petitioner will petition for an amendment to the grant of 

exemption. 

22. Petitioner will obtain written and/or oral permission from the landowners/authorized agents of 

the landowners of the land over which flights will be conducted.

23. Petitioner will obtain all required permissions and permits from territorial, state, county or city 

jurisdictions, including local law enforcement, fire, or other appropriate governmental 

agencies. 

24. UA operations will not be conducted during night, as defined in 14 CFR § 1.1. All operations 

will be conducted under visual meteorological conditions (VMC). Flights will not be 

conducted under special visual flight rules (SVFR). 

25. The petitioner will obtain an Air Traffic Organization (ATO) issued Certificate of Waiver or 

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

Petitioner will 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 will be conducted in accordance 

with airspace requirements in the ATO issued COA, including class of airspace, altitude level 

and potential transponder requirements. 

26. The UA will not be operated 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 
11

management has been obtained, and the operation is conducted in accordance with a NOTAM 

as required by the operator’s COA. Any letter of agreement with the airport management will 

be made available to the Administrator upon request. 

27. The UA will 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. 

28. All operations shall be conducted in Class G airspace or as otherwise prescribed in an ATO 

issued COA. 

29. All aircraft operated in accordance with this exemption will be identified by serial number, 

registered in accordance with 14 CFR part 47, and have identification (N-Number) markings 

in accordance with 14 CFR part 45, Subpart C. Markings will be as large as practicable. 

30. Before conducting operations, petitioner will ensure that the radio frequency spectrum used 

for operation and control of the UA complies with the Federal Communications Commission 

(FCC) or other appropriate government oversight agency requirements. 

31. The UA will remain clear and yield the right of way to all manned aviation operations and 

activities at all times. 

32. The UA will not be operated by the PIC from any moving device or vehicle. 

33. The UA will not be operated over congested or densely populated areas. 

34. Petitioner will conduct all flight operations at least 500 feet from all nonparticipating persons, 

vessels, vehicles, and structures unless one of the following three conditions is met:

a. Barriers or structures are present that sufficiently protect nonparticipating persons from the 

UA and/or debris in the event of an accident. The petitioner will 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, the PIC 

will ensure that flight operations cease immediately. 

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.

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).

35. Petitioner will report any incident, accident, or flight operation that transgresses the lateral or 

vertical boundaries of the operational area as defined by the applicable COA to the FAA's UA

Integration Office (AFS-80) within 24 hours. Petitioner will report accidents to the National 

Transportation Safety Board (NTSB) per instructions contained on the NTSB Web site: 

www.ntsb.gov.
12

VI. Privacy

There is little concern that the proposed flights will cause invasions of privacy because all 

flights will occur over rural, private property that petitioner has been contracted to fly over. When 

the UA is being flown, the onboard cameras will be focused on ground area, not on 

nonparticipating individuals who may be present during operations. Once the data has been 

collected, the file will be trimmed so that it only contains images of the field being monitored. The 

data will be distributed only to the client.

VII. Public Interest and Safety

The planned UA use will increase ground safety in the precision agriculture industry. The 

enhanced safety and reduced environmental impact 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 crew in addition to flammable fuel, gives the FAA good 

cause to find that the UA operation enabled by this exemption is in the public interest.

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 exemption allowing commercial operation of applicant’s UA for precision 

agriculture operations, pursuant to petitioner’s rules of operation.

Use of UA technology to assist in precision agriculture is a benefit not only to farmers, but 

to the public as a whole, and to the environment. Farmers will have greater crop analytical tools at 

their disposal for managing crops, leading to decreased use of resources. This will result in both 

reduction of cost and increase in quality – benefits that will be passed on to the public. 

Additionally, using less water and chemicals during commercial farming operations will reduce 

the impact that the operation has on the environment.

As Jeff Vanderwerff testified on behalf of the American Farm Bureau Federation before 

members of the Senate Committee on Commerce, Science, & Transportation on March 24, 2015:

[The benefit of UA comes from] their ability to provide detailed scouting 

information on weed emergence, insect infestations and potential nutrient 

shortages. This valuable information allows the farmer to catch these threats before 

they develop into significant and catastrophic problems. By addressing threats 

quickly, the farmer has a greater likelihood of being able to respond appropriately 

so as to optimize yields.

The imagery from UAS also allows the farmer to spot-treat sections of the fields as 

opposed to watering or spraying the entire field. The quicker a farmer can discover 

a potential threat, the quicker the farmer can address the issue. Images from UAS 

allow the farmer to identify the specific location where a specific treatment – be it 

fertilizer, water, pesticides, or herbicides is necessary; in doing so, the farmer can 

eliminate the need to use these applications more broadly across the entire field. By 

spot-treating threats to the crop, the farmer not only lowers the cost of treatment 

but also has the potential of lowering the environmental impact by minimizing 
13

application.” (emphasis added)1

The FAA has previously determined that the use of the eBee for precision agriculture will 

provide an equivalent or greater level of safety than manned flight in Exemption No. 11170.

Additionally, the FAA has previously approved a variety of other UAs for commercial 

precision farming and agriculture applications in Exemption Nos.:

11110 (precision aerial surveys);

11136 (photogrammetry and crop scouting in order to perform precision agriculture); 

11166 (agriculture analysis and high resolution aerial imagery);

11167 (high-resolution aerial imagery in support of, biomass analysis and estimation, yield 

monitoring, leaf area indexing and reporting of geographical data and overall crop health 

to a domestic agricultural seed company);

11177 (commercial precision agriculture surveys);

11192 (aerial photography and 3D mapping for the agriculture industry);

11193 (precision photogrammetry and crop scouting for precision agriculture);

11195 (aerial photography for agriculture);

11222 (collect high quality, actionable data for use by agronomists, crop consultants, and 

forestry professionals);

11223 (precision agriculture survey and inspection operations);

11226 (precision aerial surveys);

11228 (aerial acquisition and research in support of the agriculture industry); and

11229 ((aerial acquisition and research in support of the agriculture industry).

 

1 Unmanned Aircraft Systems: Key Considerations Regarding Safety, Innovation, Economic 

Impact, and Privacy Before the S. Comm. On Commerce, Science, & Transportation, 114th

Cong. 1 (2015) (written statement of Jeff Vanderwerff on behalf of the American Farm Bureau 

Federation).
14

VIII. Regulations from Which Exemption is Requested

Each of the Regulations LET wishes an exemption from has previously been addressed by 

the FAA. Appendix A lists the FARs the FAA has specifically spoken on. 

A. Appendix A: FARs as to which LET wishes the same determination to be made as has 

been made previously.

FAR 

Provision

Applicable condition(s) in 

Section 5 of petition

FAA Exemption Decision

21(h) 1, 2, 3, 5, 16, 25, 28, 29, 

34, 35

Nos. 11062, 11063, 11064, 11065, 11066, 11067, 

11080, 11109, 11111, 11110, 11114, 11136, 11138, 

11150, 11153, 11156, 11157, 11166, 11167, 11170, 

11171, 11172, 11174, 11176, 11177, 11178, 11184, 

11185, 11188, 11189, 11191, 11192, 11193, 11195

43.7 13, 14 No. 11208

43.11 12 No. 11208

45.11 30 No. 11208

45.27 39 No. 11188

45.29 30 Nos. 11136, 11157, 11170, 11185, 11193

91.7(a) 12 Nos. 11062, 11063, 11064, 11065, 11066, 11067, 

11080, 11109, 11110, 11136, 11138, 11150, 11153, 

11156, 11157, 11158, 11160, 11161, 11166, 11167, 

11170, 11171, 11172, 11174, 11177, 11178, 11184, 

11185, 11188, 11189, 11191, 11192, 11193, 11195, 

11204

91.9(b)(2) 22 Nos. 11062, 11063, 11064, 11065, 11066, 11067, 

11080, 11109, 11110, 11111, 11112, 11114, 11136, 

11138, 11150, 11153, 11156, 11157, 11062, 11063, 

11064, 11065, 11066, 11067, 11080, 11109, 11110, 

11111, 11112, 11114, 11136, 11138, 11150, 11153, 

11156, 11157, 11174, 11177, 11178, 11184, 11185,

11189, 11192, 11193, 11195

91.9(c) 30 Nos. 11136, 11170, 11171, 11174, 11185

91.103(b)(2) 3, 9, 16, 17, 18, 19, 20, 28 No. 11062, 11063, 11064, 11065, 11066, 11067, 

11080, 11109, 11138, 11150, 11153, 11156, 11158, 

11160, 11161, 11166, 11167, 11171, 11172, 11176, 

11177, 11178, 11184, 11185, 11188, 11188, 11189, 

11191, 11192, 11193, 11195, 11204

91.105 6 No. 11185 

91.109 7, 8 Nos. 11062, 11063, 11064, 11065, 11066, 11067, 

11080, 11109, 11110, 11112, 11136, 11138, 11150, 

11153, 11156, 11157, 11166, 11167, 11170, 11171, 

11174, 11177, 11184, 11185, 11189, 11191, 11192, 

11193, 11194, 11195, 11206, 11208
15

91.113(b) 3, 32 No. 11238

91.119(c ) 4, 34 Nos. 11162, 11163, 11164, 11165, 11166, 111080, 

111109, 11110, 11111, 11112, 11114, 11136, 

11138, 11150, 11153, 11156, 11160 11161, 11166, 

11167, 11170, 11171, 11172, 11174, 11176, 11178, 

11185, 11188, 11189, 11190, 11193

91.121 4 Nos. 11162, 11163, 11164, 11165, 11166, 111080, 

111109, 11136, 11138, 11150, 11153, 11156, 11160 

11161, 11166, 11167, 11170, 11171, 11174, 11176, 

11178, 11185, 11188, 11189, 11190, 11193

91.151(a) 17, 18 Nos. 11110, 11153, 11156, 11161; 111109, 11110, 

11112, 11136, 11138, 11150, 11153, 11156, 11160 

11161, 11166, 11167, 11170, 11171, 11172, 11174, 

11176, 11178, 11185, 11188, 11189, 11190, 11193

91.203 (a) 

and (b)

22 Nos. 11062, 11063, 11064, 11065, 11066,

11067, 11080, 11109, 11110, 11111, 11112,

11114, 11136, 11138, 11150, 11153, 11156,

11157, 11170, 11171, 11172, 11174, 11176,

11177, 11178, 11184, 11185, 11188, 11188,

11189, 11191, 11192, 11193, 11195

91.215 26, 27 No. 11185, 11195

91.403 12, 13, 14 No. 11185

91.405(a) 12, 13, 14 Nos. 11062, 11063, 11064, 11065, 11066,

11067, 11080, 11109, 11110, 11111, 11112,

11114, 11136, 11138, 11150, 11153, 11156,

11157, 11158, 11160, 11161, 11166, 11167,

11170, 11171, 11172, 11174, 11176, 11177,

11178, 11184, 11185, 11188, 11188, 11189,

11191, 11192, 11193, 11195, 11204

91.407(a)(1) 14 Nos. 11062, 11063, 11064, 11065, 11066,

11067, 11080, 11109, 11110, 11111, 11112,

11114, 11136, 11138, 11150, 11153, 11156,

11157, 11158, 11160, 11161, 11166, 11167,

11170, 11171, 11172, 11174, 11176, 11177,

11178, 11184, 11185, 11188, 11188, 11189,

11191, 11192, 11193, 11195, 11204

91.409(a)(1) 12, 13, 14 Nos. 11062, 11063, 11064, 11065, 11066,

11067, 11080, 11109, 11110, 11111, 11112,

11114, 11136, 11138, 11150, 11153, 11156,

11157, 11158, 11160, 11161, 11166, 11167,

11170, 11171, 11172, 11174, 11176, 11177,

11178, 11184, 11185, 11188, 11188, 11189,

11191, 11192, 11193, 11195, 11204
16

91.409(a)(2) 12, 13, 14 Nos. 11062, 11063, 11064, 11065, 11066,

11067, 11080, 11109, 11110, 11111, 11112,

11114, 11136, 11138, 11150, 11153, 11156,

11157, 11158, 11160, 11161, 11166, 11167,

11170, 11171, 11172, 11174, 11176, 11177,

11178, 11184, 11185, 11188, 11188, 11189,

11191, 11192, 11193, 11195, 11204

91.417(a) 12, 13, 14 Nos. 11062, 11063, 11064, 11065, 11066,

11067, 11080, 11109, 11110, 11111, 11112,

11114, 11136, 11138, 11150, 11153, 11156,

11157, 11158, 11160, 11161, 11166, 11167,

11170, 11171, 11172, 11174, 11176, 11177,

11178, 11184, 11185, 11188, 11188, 11189,

11191, 11192, 11193, 11195, 11204

91.417(b) 12, 13, 14 Nos. 11062, 11063, 11064, 11065, 11066,

11067, 11080, 11109, 11110, 11111, 11112,

11114, 11136, 11138, 11150, 11153, 11156,

11157, 11158, 11160, 11161, 11166, 11167,

11170, 11171, 11172, 11174, 11176, 11177,

11178, 11184, 11185, 11188, 11188, 11189,

11191, 11192, 11193, 11195, 11204