U.S. Department of Transportation

Docket Management System 1200 New Jersey Ave., SE Washington, DC 20590



### Exemption Request Section 333 of the FAA Reform Act and 14 CFR § 11

Dear Sir or Madam:

Pursuant to Section 333 of the FAA Modernization and reform Act of 2012 and 14 C.F.R. 11, Cascade Agronomics, a full service agronomic service provider intending on operating a small Unmanned Aircraft Systems (“sUASs”) in rural areas , hereby applies for an exemption from the Federal Aviation Regulations (FARs) to allow commercial operation of its small Unmanned Aircraft Systems in airspace regulated by the Federal Aviation Administration (FAA) so long as such operations are conducted within and under the conditions outlined herein or as may be established by The FAA as required by Section 333. The requested petition would permit the operation of a sUASs so that Cascade Agronomics may implement its interest in providing agricultural surveying, and data collection for its c lients. As described in depth below, the requested exemption would permit the operation of small, unmanned and relatively inexpensive sUASs under controlled conditions in airspace that is: 1. Limited 2. Predetermined 3. Controlled as to access and 4. Would provide safety enhancements to the already strict safety practices followed by Cascade Agronomics.
Approval of this exemption would thereby enhance safety and fulfil the Secretary of Transportation’s (the FAA Administrator’s) responsibilities to “...establish requirements for the safe operation of such aircraft s ystems in the national airspace system.” Section 333(c) of the Reform Act.
**The name and address of the applicant is:** Cascade Agronomics, LLC Attn: Ben Rathbone 2626 Rd. N NE Phone: 509

- 760

- 5322 Email: Brathbone@cascadeagronomics.us
**Regulations from which the exemption is requested:**

**14 CFR Part 21 14 CFR 45.23(b)**  **14 CFR 61.113(a) & (b) 14 CFR 91.7(a)**  **14 CFR 91.9(b) (2) 14 CFR 91.103**  **14 CFR 91.109 14 CFR 91.119**  **14 CFR 91.121 14**  **CFR 91.151(a) 14 CFR 91.203(a) & (b)**  **14 CFR 91.405(a) 14 CFR 407(a) (1)** **14 CFR 409(a) (2)**

**14 CFR 417(a) & (b)**

**STATUTORY AUTHORITY FOR EXEMPTIONS**

The Federal Aviation Act expressly grants the FAA authority to issue exemp tions. This statutory authority includes exempting civil aircraft, as the term is defined under §40101 of t he Act, including UAS, from the requirement that all civil aircraft must have a current airworthiness certificate. The Administrator may grant an exemption from a requirement o f a regul ation prescribed under subsection (a) or (b) of this section or any sections 44702

- 44716 of this title if the Administrator finds the exemption in the public interest. 49 U.S.C. §44701(f) See also 49 USC §44711(a); 49 USC §44704; 14 CFR §91.203(a) (1)

Section 333(b) of the reform Act assists the Secretary in determining whether UAS may operate in the National Airspace System without creating a hazard to the user, the public, or a threat to national security. In making this determination, the secretary must consider: • The UASs size, weight, speed, and operational capability. • Operation of the UAS in close proximity to airports and populated areas. • Whether the UAS operates within the visual line o f sight (VLOS) of the operator. Reform Act §333(a). If the S ecretary determines that a UAS “may operate safely in the national airspace system, the Secretary shall establish requirements for the safe operation o f such aircraft in the national airspace system.” Id. §333(c)

Cascade Agronomics’ sUASs are rotorcraft, weighing fewer than 55 lbs. including any payload. They operate under normal conditions at speeds of less than 50 kts and have the capability to hover, and move in the vertical and horizontal plane simultaneously. They will operate only in line of sight and will operate only within a sterile area. With this model in place Cascade Agronomics’ operations, it is insured that the sUAS will “not create a hazard to users of the national airspace system or the public.”

We are petitioning for exem ption to enable Cascade Agronomics to operate a 3D robotics Solo AGCO Edition, which is a multi

-rotor equipped with a t hree

- axis gimballed camera. The sUASs weigh s less than 20lbs , and has internal capability of limiting flight altitude and distance radius from the Operator. The sUASs has a failsafe function, which means that if communication between the sUAS and control station is lost, the auto pilot system will automatically signal the sUAS to return to home and land.

Given that th e size of the UASs involved is small and the restricted s terile environment within which it operate s , the applicant falls squarely within that zone of safety (an equivalent level of safety) in which Congress envisioned that the FAA must, by exemption, allo w co mmercial operations of sUASs to commence immediately. Also due to the small size of the UAS and t he low altitudes and restricted areas in which the sUAS will operate, approval of the application presents no national security issue. Given the clear dire ction in Section 333 of the Reform Act, the authority c ontained in the Federal Act, as amended; the strong equivalent level of safety surrounding the proposed operations, and the significant public benefit, including enhanced safety, reduction in environme ntal impacts, including reduced emissions associated with allowing sUASs for the requested and intend ed operations, the grant of the requested exemptions is in the public interes t. Accordingly, Cascade Agronomics respectfully requests that the FAA grant th e requested exemption without delay.

**AIRCRAFT AND EQUIVALENT LEVEL OF SAFETY**

Cascade Agronomics , proposes that the exemption requested herein apply to sUASs that have the characteristics and that operate with the limitations listed herein. These limitati ons provide for at least anequivalent or even higher level of safety to operations under the current regulatory structure because the

proposed operations represent a safety enhancement to the already safe protocols followed on imaging and inspection operations conducted with conventional aircraft. Cascade Agronomics will be bound by the following limitations when conducting its sUAS operations under an FAA issued exemption:

1. The sUAS will be less than 55 pounds. 2. Flights will be operated within visual line of sight. 3. Maximum total flight time for each op erational flight will be 20 minutes. The UAS calculates battery reserve in real time, and will return to its ground station with at least 20% battery power reserve s hould that occur prior to the 20 minute limit. 4. Flights will be operated at an altitude never exceeding 400 feet AGL. 5. Crew for each operation will consist of the sUAS Operator who will keep the sUAS within visual line of sight at all times. 6. The sUAS Operator will be trained in fl ight, operations, and safety procedures as detailed in the Cascade Agronomics operational procedures

. 7. The sUAS will only operate within a confined Sterile Area with a Security Perimeter for the flight operations area. 8. A briefing between operator and PIC will be conducted in regard to the planned sUAS operations prior to each day’s activities. 9 . Operations will not be undertaken in areas with personnel under the surveying area 10. The sUAS Operator will have been trained in operation of sUASs and rec eive up to date information on the particular sUAS to be operated. 11. All required permissions and permits will be obtained from territorial, state, county or city jurisdictions, including local law enforcement, fire, or other appropriate governmental agencies. 12. If the sUAS loses communications or loses its GPS signal, it will have the capability to return to a
pre

- determined location within the Security Perimeter and land. 13. Operations will be ceased in the event that manned aircrafts come within hal f a mile of operations.

**PU BLIC INTEREST**  This exemption application is expressly submitted to fulfil Congress’ goal in passing Section 333(a) thru (c) of the Reform Act. This law directs the Secretary of Transportation to consider whether certain unmanned aircraft systems may operate safely in the national airspace system (NAS) before completion of the rulemaking required under Section 332 of the Reform Act. By granting an exemption the FAA will fulfil congress’s intent of allowing UAS to operate with significant safety precautions in low risk environments.

The use of sUAS reduces the environmental impact by dramatically decreasing the energy used for aerial imaging and data collection purposes. The sUASs we will operate use rechargeable lithium ion batteries, as opposed to fossil fuels burned in operation of aircraft. In addition to the favorable environmental impacts, the use of sUAS for aerial surveying will eliminate the need for higher risk manned flights.

**DESCRIPTION OF SPECIFIC REG ULATIONS** 

**14 CFR 21, Subpart H: Airworthiness Certificates 14 CFR §91.203(a) (1)** Subpart H, entitled Airworthiness Certificates, establishes the procedural requirements for the issuance of airworthiness certificates as required by FAR §91.203 (a) (1). Given the size and limited operating area associated with the aircraft to be utilized by the applicant, an exemption from Part 21 Subpart H meets the requirements of an equivalent level of safety under Part 11 and Section 333 of the Reform Act. The federal Aviation Act (49 U.S.C. §44701 (f) and Section 333 of the Reform Act both authorize the FAA to exempt aircraft from the requirement for an airworthiness certificate, upon consideration of the size, weight, speed, operational capability, and proximity to airports and populated areas of the particular UAS.In all cases, an analysis of these criteria demonstrates that the UAS operated without an airworthiness

certificate, in the restricted environment and under the conditions proposed will be at least as safe, or safer, th an a conventional aircraft operating with an airworthiness certificate without the restrictions and conditions proposed.

**14 CFR 45023 (b): Marking of the Aircraft** This regulation requires certain experimental, provisionally certificated aircraft, or light sport category aircraft to be marked with letters between 2 inches and 6 inches high “limited”, “restricted”, “light sport”, “experimental”, or “provisional”, near each entrance to a cabin, cockpit or pilot station. Even though the UAS will have no airwor thiness certificate, an exemption may be needed as the UAS will have no entrance to the cabin, cockpit or pilot station on which the word “experimental” can be placed. Given the size of the UAS, 2 inch lettering will not be possible. The word “experimental ” will be placed on the fuselage in compliance with §45.29 (f) The equivalent level of safety will be provided by having the UAS marked on its fuselage as required by §45.29 (f) where the pilot, observer and others working with the UAS will see the identif ication of the UAS as “experimental”.

**14 CFR 61.113 (a) & (b): Private pilot privileges and limitations: Pilot in Command.** Sections 61.113 (a) & (b) limit private pilots to non

- commercial operations. Because the UAS will not carry a pilot or passengers, the proposed operations can achieve the equivalent level of safety of current operations by allowing an individual with a student license to be overseen by an individual with a commercial pilots license. Unlike a conventional aircraft that carries the pilot and passengers, the sUAS is remotely controlled with no living thing on board. The area of operation is controlled, and all flights are planned and coordinated in advance . The risks associated with the operation of the sUAS are so diminished from the lev el of risk associ ated with commercial operations contemplated by Part 61 when drafted, that allowing operations of the s UAS as requested w ith a qualified operator and PIC with commercial license is at least equal to the present level of safety achieved by 14 CFR §61.113 (a) & (b).

**14 CFR 91.7 (a): Civil aircraft airworthiness.** The regulation requires that no person may operate a civil aircraft unless it is in airworthy condition. As there will be no airworthiness certificate issued for the aircraft, should this exemption be granted, no FAA regulatory standard will exist for determining airworthiness. Given the size of the aircraft and the requirements contained in the manual for maintenance and use of safety check lists prior to each flight, an equivalent l evel of safety will be provided.

**14 CFR 91.9 (b) (2): Civil aircraft flight manual in the aircraft.** The UAS given its size and configuration has no ability or place to carry such a flight manual on the aircraft. Not only because there is no pilot on board , but because there is no room or capacity to carry such an item on the aircraft. The equivalent level of safety will be maintained by keeping the flight manual at the ground control point where the Operator flying the sUAS will have immediate access to it

. **14 CFR 91.103: Preflight action.** This regulation requires each pilot in command to take certain actions before flight to insure the safety of the flight. An exemption is needed from this requirement as the Operator will take all relevant preflight actio ns, including a review of weather, flight battery requirements, landing and takeoff distances and aircraft performance data before the beginning of flight.

**14 CFR 91.109: Flight instruction.** Section 91.109 provides that no person may operate a civil aircraft (except a manned free balloon) that is being used for flight instruction unless that aircraft has fully functioning dual controls. UASs are remotely controlled aircraft and do not have fully functional dual controls. Flight control is accomplished through the use of a control box that communicates with the aircraft via radio communications. The FAA haspreviously approved exemptions for aircraft without fully functional dual controls. The equivalent level of

safety provided by the fact that neither a pilot nor passengers will be carried in the aircraft, the ability to control the UAS via radio signals from the controller, and by the size and speed of the aircraft.

**14 CFR 91.119: Minimum safe altitudes** Section 91.119 establishes safe altitudes for operation of civil aircraft. Section 91.119 (d) allows helicopters to be operated at less than the minimums prescribed, provided the person operating the helicopter complies with any route or altitudes prescribed for helicopters by the FAA. As this exemption is for a sUAS that is a helicopter and the exemption requests authority to operate at altitudes up to 400 feet AGL, an exemption may be needed to allow such operations. As set forth herein, the UAS will never operate at higher than 400 feet AGL. Compared to flight operations with aircraft or rotorcraft weighing far more than the maximum 55 lbs. proposed herein and the lack of flammable fuel, any risk associated with these operations is far less than those presently presented with conventional aircraft operating at or below 500 feet AGL in other industries. In addition, the low

- altitude operations of the sUAS will ensure separation between these sUAS operations and the operations of conventional aircraft that must comply with Section 91.119.

**14 CFR 91.121: Altimeter settings**  This regulation requires each person operating an aircraft to maintain cruising altitude by reference to an altimeter that is set “...to the elevation of the departure airport or an appropriate altimeter setting available before departure ”. As the UAS may not have a barometric altimeter, but instead a GPS altitude read out, an exemption may be needed. An equivalent level of safety will be achieved by the operator, pursuant to the Manual and Safety Check List, confirming the altitude of the launch site shown on the GPS altitude indicator before flight.

**14 CFR 91.151 (a): Fuel requirements for flight in VFR conditions** Section 91.151 pertains to fuel requirements in VFR conditions when flying an aircraft to the first point of intended landing. The sUAS will be flown on battery power, and will rem ain within visual line

- of

- sight at all times. This rule would not be applicable to Proposed Part 107 of the Notice of Proposed Rulemaking (NPRM).

**14 CFR 91.203 (a) & (b): Carry ing c**  **ivil aircraft certification and registration** This regulation provides in part: (a) Except as provided in § 91.715, no person may operate a civil aircr aft unless it has within it the following: (1) An appropriate and current airworthiness certificate... (b) N o person may operate a civil aircraft unless the airworthiness certificate required by paragraph (a) of this section or a special flight authorization issued under §9 1.715 is displayed at the cabin or cockpit entrance so that it is legible to passengers an d crew.

The sUAS fully loaded weighs no more than 55 lbs. and is operated with out an onboard pilot. Therefore there is no ability or place to carry certification and registration documents or to display them on the sUA S. An equivalent level of safety will be achieved by keeping these docume nts at the ground control point where the operator flying the sUAS will have immediate access to them, to the extent they are applicable to the sUAS.

**14 CFR 91.405 (a); 407 (a) (1); 409 (a) (2); 417 (a) & (b): Maintenan ce inspections**  These regulations require that an aircraft operator or owner “shall have that aircraft inspected as prescribed in subpart E of this part and shall between required ins pections, except as provided inparagraph (c) of this section, have discre pancies repaired as prescribed in part 43 of this chapter...,” and

others shall inspect or maintain the aircr aft in compliance with part 43.

Given that these sections and Part 43 apply only to aircraft with an airworthines s certificate, these sections wi ll not apply to Cascade Agronomics . Maintenance will be accomplished by the operator pursuant to the Cascade Agronomics operational procedures . An equivalent l evel of safety will be achieved because these sUASs are very limited in size and will carry a small payload and operate only in restricted areas for limited periods of time. I f mechanical issues arise the sUAS can land immediately and will be operating from no higher than 400 feet AGL. As provided in the manual, the operator will ensure that the sUAS i s in working order prior to initiating flight, perform required maintenance, and keep a log of any maintenance performed. Moreover, the operator is the person most familiar with the aircraft in an airworthy condition to provide the equivalent level of safe ty.
**Summary** Pursuant to 14 CFR Part 11, the following summary is provided for publi cation in the Federal Register, should it be determined that publication is needed: Applicant seeks an exemption from the following rules14 CFR §subpart H; 14 CFR 45.23(b); 14 CFR §§61.113(a) & (b); 91.7 (a); 91.9 (b)(2); 91.103(b); 91.109; 91.119; 91.121; 91.151(a); 91.203(a) & (b); 91.405(a); 91.407(a)(1) ; 91.409(a)(2); 91.417(a) & (b) to operate commercially a small unmanned vehicle (55lbs or less).

Approval of exemption s allowing commercial operations of sUASs will enhance safety by reducing risk. Conventional surveying activities are performed using a piston powered aircraft that places the operator at low altitudes, often over uninvolved personnel. Such aircraft must f ly to and from the operational location. In contrast, a sUAS weighing less than 55lbs. and powered by batteries elim inates virtually all of that risk given the reduced mass and lack of combustible fuel carried on board. The sUAS is carried to the operation site and not flown. The sUAS will carry no passengers or crew and, therefore, will not expose them to the risks associated with manned aircraft flights.

The operation of sUASs, weighing less than 55lbs, conducted in the strict conditions outlined above, will provide an equivalent level of safety supporting the grant of the exemptions requested herein, including exempting the applicant from the requirements of Part 21 and allowing commercial operations. These lightweight aircraf

t operate at slow speeds, close to the ground, and in a sterile environment and, as a result, are far safer than conventional operations co nducted with piston aircraft operating in close
pr oximity to the ground

.
**Privacy** All flights will occur over private or controlled access property with the property owner’s prior consent and knowledge

. The grant of this exemption request will provide impro ved safety in operations. Satisfaction of the criteria provided in Section 333 of the Reform Act of 2012

– size, wei ght, speed, operating capabilities, proximity to airports and populated areas and operation within visual line of sight and national security

– provide more than adequate justification for the grant of the requested exemptions allowing commercial operation of applicant’s sUAS

.

**Conclusion** Due to their light weight, sUASs generally pose a significantly lower risk to people and property on the ground, as compared to manned aircraft. Our sUASs, due to their size, weight, speed and capabilities, will not create a hazard to the users of the national airspace system or the general public, nor will itpose a threat to national security. Granting this request for exemption would not adversely affect safety,

and would be in the public interest.

Sincerely,

Ben Rathb one Assistant Agronomist Cascade Agronomics