Blue	Sky	Crop	Consulting,	LLC’s	Petition	for	Exemption

For	the	DJI	Phantom	2	Vision	drone

FAA	Rules	Docket:	____________________

NAME	AND	ADDRESS	OF	APPLICANT

Blue	Sky	Crop	Consulting,	LLC

625	Wichita

Kinsley,	KS	67547

(620)	255-1857

marklofing@yahoo.com
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A. Petition	Summary

Blue	Sky	Crop	Consulting,	LLC	(“Blue	Sky”)	hereby	respectfully	requests	expedited	

approval	and	necessary	exemptions	from	the	Federal	Aviation	Administration’s	(“FAA”)	

airworthiness	certification	and	related	requirements	(i.e.,	49	U.S.C.	§	44704,	14	C.F.R.	parts	

21,	27,	and	137	and	14	C.F.R.	§§	45.23(b),	61.113(a)-(b),	91.7(a),	91.9(b)(2),	91.103,	91.109,	

91.119,	91.121,	91.151(b),	91.203(a)-(b),	91.405(a),	91.407(a)(1),	91.409(a)(2),	91.417(a)-

(b), and	91.1501)	for	the	purposes	of	operating	its	remotely-operated	drone,	the	DJI	

Phantom 2	Vision	(“DJI	Phantom”),	to	provide	commercial	agricultural	related	services	in	

rural	areas	of	the	United	States.	The	DJI	Phantom	is	less	than 14	inches long,	weighs just	

over two	and	a	half pounds,	and is	operated	by	trained	personnel maintaining	visual	line-ofsight.	Blue	Sky	seeks	the	exemptions	to	bring	the	commercial	benefits	of	the	DJI	Phantom	

drone	to	agricultural	farmers	in	rural	areas.	

Blue	Sky	seeks	the	exemptions	pursuant	to	Section	333	of	the	FAA	Modernization	

and	Reform	Act	of	2012,	Pub.	L.	No.	112-95,	126	Stat.	11	(to	be	codified	at	49	U.S.C.	§ 40101	

(2012))	(“Section	333”)	and	the	FAA’s	general	exemption	authority	under	49	U.S.C.	§	

44701(f)	(“Section	44701(f)”).	The	requested	exemptions	satisfy	the	applicable	statutory	

criteria	and	policies,	will	serve	the	public	interest,	would	not	adversely	affect	safety,	and	

would	provide	a	level	of	safety	at	least	equal	to	the	existing	airworthiness	and	related	

regulations.	

B. Background

1. Blue	Sky

Applicant	Blue	Sky	is	a	limited	liability	corporation	based	in	Kinsley,	Kansas,	

providing	disease	and	insect	control	and	prevention,	water	management	consultation,	and	

fertilizer	application	recommendations	to	rural	agricultural	farmers.	

2.	 DJI	Phantom
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The	DJI	Phantom	is	a	remotely	maneuvered drone	controlled	by	trained,	onsite

personnel	using	sophisticated	software	including	a	remote	control.	The	DJI	Phantom	can	

also	perform	autonomous	flights	programmed	on	a	technological	device	while	supervised	

by	trained	operators.	The	DJI	Phantom	is	powered	by	5200mAh	LiPo	Battery. The	DJI	

Phantom	is	generally	flown	at	speeds	of	10 mph	or	less	at	heights	below	200	feet.	

C. Relevant	Statutory	Authority

1.	 Section	333

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

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

[comprehensive]	plan	and	rulemaking	required	by	section	332	of	this	Act	or	the	guidance	

required	by	section	334	of	this	Act”	in	Section	332(b)(1),	Congress	expressly	described	

Section	333	as	a	pathway	for	“expedited	operational	authorization.”	

Section	333(b)	identifies	several	factors	that	the	FAA	should	consider	in	

determining	whether	a	UAS	should	be	approved	for	certain	uses	in	the	NAS.	These	include	

UAS	that,	“as	a	result	of	their	size,	weight,	speed,	operational	capacity,	proximity	to	airports	

and	populated	areas,	and	operation	within	visual	line	of	sight	do	not	create	a	hazard	to	

users	of	the	[NAS]	or	the	public	or	pose	a	threat	to	national	security.”	Based	upon	these	

factors,	and	for	the	purposes	of	this	Petition,	the	FAA	may	determine	that	“airworthiness	

certification	under	section	44704	of	title	49,	United	States	Code”	is	not	required	for	

operation	of	the	UAS	in	certain	uses.	In	making	that	determination,	the	FAA	“shall	[also]	

establish	requirements	for	the	safe	operation	of”	the	UAS	in	the	NAS.	See	Section	333(c).

2. Section	44701(f)

In	addition,	the	FAA	Administrator has	general	authority	to	grant	exemptions	from	

its	safety	regulations	and	minimum	standards	when	the	Administrator	decides	a	requested	

exemption	is	in	the	public	interest.	See	49	U.S.C.	§	44701(f)	(authorizing	the	grant	of	
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exemptions	from	a	requirement	of	regulations	prescribed	pursuant	to	section	44701(a)-(b)	

and	sections	44702-44716).	A	party	requesting	an	exemption	must	explain	the	reasons	why	

the	exemption	(a)	would	benefit	the	public	as	a	whole,	and	(b)	would	not	adversely	affect	

safety	(or	how	it	would	provide	a	level of	safety	at	least	equal	to	the	existing	rules).	See	14	

C.F.R.	§	11.81	;	FAA,	Petition	for	Exemptions,	

http://www.faa.gov/regulations_policies/rulemaking/petition/#exemptions	(last	visited	

March	27,	2015).

For	the	reasons	shown	below,	the	DJI	Phantom	qualifies	for	expedited	approval	and	

the	requested	exemptions	under	Sections	333	and	44701(f),	subject	to	the	proposed	

requirements	for	safe	operation	of	the	DJI	Phantom	in	the	NAS.	

D.	 The	DJI	Phantom	Satisfies	the	Statutory	Criteria	For	Approval	Under	Section	

333

The	DJI	Phantom	is	a	type	of	UAS	that	qualifies	for	expedited	approval	under	Section	

333	for	the	agricultural	purposes	proposed	by	Blue	Sky.	Each	of	the	statutory	critera	and	

other	potentially	relevant	factors	are	satisfied:

1.	 Section	333(b)(1)	Criteria

a.	 Size

The	DJI	Phantom	is	13.78	inches	long	diagonally.

b. Weight

The	DJI	Phantom	is	considered	a	“micro	unmanned aerial	vehicle	”	and	weighs	2.55

pounds.	

c. Speed

For	Agricultural	purposes,	the	DJI	Phantom	is generally	flown	at	speeds	of	10	miles	

per	hour	or	less.	It	has	a	maximum	speed	of	approximately	33	miles	per	hour.	

d.	 Operational	Capability
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The	DJI	Phantom	is	capable	of	providing	a	wide	array	of	essential	agricultural	

information	for	each	field	surveyed.	This	information	helps	trace	disease	and	insect	damage	

in fields,	as	well	as	detect	and	monitor agricultural	areas	that	require	irrigation,	

fertilization,	or	other	treatments.	The	DJI	Phantom	is	more	economical	and	effective,	and	

less	invasive, than	manually	sweeping	the agricultural	area	on	foot	to	collect	data,	helping	

farmers	increase	productivity,	lower	costs,	reduce	water	usage,	and	escalate	crop	yields.	

e.	 Proximity	to	Airports/Populated	Areas

For	agricultural	purposes,	the	DJI	Phantom	is	only	flown	over	uninhabited	areas	(i.e.	

agricultural	fields)	and	away	from	airports	(i.e.	three	nautical	miles	or	more)	or	populated	

areas.	For	field	sensing	and	surveying,	the	DJI	Phantom	is	generally	flown	at	altitudes	of	less	

than	100	feet,	with	a	maximum	altitude	of	150	feet.	In	both	cases,	these	altitudes	are	well	

below	the	airspace	where	manned	vehicles	operate	(typically,	500	feet	or	higher)	and	lower	

than	where	many	kites,	hobby	aircraft,	and	hobby	helicopters	fly.	This	further	supports	DJI	

Phantom’s	safe	usage.	

f.	 Visual	Line-of-Sight

For	agricultural	purposes,	the	DJI	Phantom	is	only	flown	during	daylight	hours,	in	

good	weather,	and	always	within	the	trained	personnel’s	line-of-sight.	By	operating	the	DJI	

Phantom	only	within	line-of-sight	and	at	low	altitudes	and	speeds,	a	controller can	see	and	

avoid	any	other	aircraft	or	potential	obstacles.	

2.	 Other	Relevant	Factors

a. Safety	Systems

The	DJI	Phantom	has	a	host	of	onboard	safety	systems,	including:

• Programmed	automatic	landing	to	Home	Point	when	battery	life dips	below	

30%
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• Go	Home	Procedure	that	automatically	sends	drone	to	pre-programmed	Home	

Point	coordinates	if	mission	fails	

• Can	be	flown	autonomously	in	conjunction	with	the	DJI	Vision	App	to	remove	

human	error	

• Actual	GPS	locator	that	sends	coordinates	directly	to	trained	operator’s	phone	if	

DJI	Phantom	goes	down

b.	 Privacy

Blue	Sky	will	comply	with	any	federal,	state,	and/or	local	privacy	policies	or	rules	

that	may	apply	in	particular	areas	where	the	DJI	Phantom	is	used.	From	a	practical	

perspective,	privacy	has	not	been	(and	should	not	be)	an	issue	for	this	kind	of	usage,	since	it	

involves	sensing	and	surveying	over	rural	farmland.		

3. Lack	of	Threat	to	the	NAS,	Public,	or	National	Security

Together,	the	relevant	Section	333	criteria,	proposed	operating	restrictions	and	

requirements	and	other	factors	discussed	above	mitigate	any	threat	or	risk	of	hazard	that	

the	desired	DJI	Phantom	uses	would	pose	to	the	NAS,	public,	or	national	security.

For	all	these	reasons,	the	DJI	Phantom	qualifies	for	expedited	approval	and	

exemption	from	airworthiness	certification,	pursuant	to	Section	333	for	the	specified	uses	

and	under	the	proposed	operating	requirements	restrictions.	

E. The	DJI	Phantom	Also	Qualifies	For	The	Requested	Exemption	Under	Section	

44701(f).

The	DJI	Phantom	and	its	proposed	uses	also	satisfy	the	requirements	and	policies	

for	exemption	under	Section	44701(f)	form	the	FAA’s	related	safety	regulations.	See	also	14	

C.F.R.	§	11.81	(setting	forth	petition	requirements).

1. Public	Interest	Benefits
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As	noted	above,	the	DJI	Phantom	can	provide	some	agricultural	services	more	

efficiently,	economically,	and	safely	than	any	other	ground-based	methods	of	surveying	and	

collecting	useful	data.	The	information	gained	through	the	DJI	Phantom’s	flights	

immediately	benefits a	farmer	by	providing	him	with	water	management	plans,	fertilizer	

recommendation,	and	disease	and	insect	treatment	and	control	plans.	This	data	is	more	

precise,	more	readily	available,	more	efficient,	and	less	invasive	on	a	farmer’s	field.	Farmers	

are	able	to	cut	down	fertilizer	applications,	zero	in	on	water	usage	and	attack	disease	and	

insect	problems	efficiently,	therefore	directly	decreasing	application	costs	and	increasing	

yield.	Farmers,	growers,	and	land	managers,	therefore,	will	immediately	benefit	from	the	

availability	of	the	surveying	services.	These	benefits	will	ultimately	redound	to	American	

Consumers.	

In	addition,	the	availability	of	this	kind	of	DJI	Phantom	use	in	rural	areas	will	also	

provide	additional	material	economic	benefits	to	the	local	economy.	These	include	jobs	for	

trained	personnel,	and	others	who	help	administer	or	manage	the	services.	

2. No	Adverse	Safety	Effects

Granting	the	Petition	will	not	adversely	effect	aviation	safety	or	pose	any	undue	

risks	to	the	public. The	DJI	Phantom	is	flown	and	maintained	by	experienced	professionals	

trained	by	Blue	Sky	and	in	accordance	with	their	stringent	operating,	maintenance,	and	

other	requirements	and	restrictions	set	forth	above	(collectively,	“DJI	Phantom	operating	

requirements	and	restrictions”)—e.g.,	for	precision	agricultural	surveying	purposes,	use	of	

the	DJI	Phantom	solely	by	trained	personnel; during	daylight	and	good	weather;	at	speeds	

generally	10	mph	and	altitudes	below	150 feet;	and	away	from	airports	(three	nautical	

miles	or	more)	and	inhabited	areas. These	trained	personnel	complete	over	twenty	hours	of	

supervised	flight	time	before	completing	solo	missions,	and	are	required	complete	a	
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rigorous	safety	inspection	before	each	mission,	and	carry	the	DJI	Phantom	manual during	

each	flight.	(See	Exhibit	A)

For	these	reasons,	granting	the	requested	exemptions	would	not	adversely	affect	

safety.	Furthermore,	the	DJI	Phantom	operating	requirements	and	restrictions	would	

provide	a	level	of	safety	at	least	equal	to	the	regulations	covered	by	these	exemptions.	

F. Description	of	the	Relief	Sought

Based	on	the	foregoing,	the	DJI	Phantom	satisfies	the	relevant	statutory	criteria	and	

related	factors	for	expedited	approval	pursuant	to	Section	333,	including	waiver	of	

airworthiness	certification	under	Section	44704.	In	addition,	the	DJI	Phantom	meets	the	

requirements	and	policies	for	exemptions,	pursuant	to	Section	44701(f),	form	the	FAA’s	

related	airworthiness	certification	and	related	regulations	(i.e.,	14	C.F.R.	parts	21,	27,	and	

137,	and	14	C.F.R.	§§	45.23(b),	61.113(a)-(b),	91.7(a),	91.9(b)(2),	91.103,	91.109,	91.119,	

91.121,	91.151(b),	91.203(a)-(b),	91.405(a),	91.407(a)(1),	91.409(a)(2),	91.417(a)-(b),	and	

91.1501).1

Please	advise	the	undersigned	if	you	have	any	questions	or	need	any	additional	

information.

Respectfully	Submitted,

Mark	Lofing

Blue	Sky	Crop	Consulting

625	Wichita

Kinsley,	Kansas	67547

(620)	255-1857

marklofing@yahoo.com

																																																							 1 Blue	Sky	has	attempted	to	identify	the	applicable	FAA	regulations	for	purposes	of	this	Petition.	To	the	

extent	that	the	FAA	determines	any	other	safety	regulations	might	apply	to	the	desired	uses	of	the	DJI	Phantom	

(and	would	not	otherwise	be	address	as	part	of	a	future	COA),	Blue	Sky	further	requests	that	its	Petition	be	

deemed	to	cover	and	seek	exemption	from	any	such	other	safety	regulations	for	the	reasons	established	above.