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137 Petition

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Agri Spray Drones, LLC

13620 Old Hwy 40

Boonville, MO 65233

573-226-4813

regulations@agrispraydrones.com

06/28/2024

U. S. Department of Transportation

Docket Operations

West Building Ground Floor, Room W12-140

1200 New Jersey Ave., SE

Washington, DC 20590

Re: Petition for Exemption under 14 C.F.R. Part 11 of the Federal Aviation Regulations from 14 CFR parts

61.3(a)(1)(i); 61.3(c)(1); 61.23(a)(2); 91.7(a); 91.119(c); 91.121; 91.151(b); 91.209(a)(1); 91.403(b); 91.405(a);

91.407(a)(1); 91. 409(a)(1); 91.409(a)(2); 91.417(a); 91.417(b); 137.19(c); 137.19(d); 137.19(e)(2)(ii);

137.19(e)(2) (iii); 137.19(e)(2)(v); 137.31(a); 137.31(b); 137.33(a); 137.33(b); 137.41(c), and 137.42 and Title 49

U.S.C. § 44807 to Authorize Commercial Agricultural Services with a UAS weighing more than 55 pounds.

Table of Contents

Petitioners Address 3

Petition for Exemption 3

Petition for Exemption Relief Sought 3

Rational for Relief 4

The FAA’s Previous Decision 4

Reasons why the petitioner is seeking relief from the regulations and why the exemptions would provide an

equivalent level of safety 13

1. 49 U.S.C. § 44807 13

2. 49 U.S.C. § 44701 13

3. 14 C.F.R. Part 61: Pilot Certification 13

4. 14 C.F.R. Part 91: Aircraft System 13

5. 14 C.F.R. Part 137: Certification Requirements 15

Reasons Why Granting this Petition Would be in the Public Interest 17

Federal Registry Summary 17

Conclusion 17

Petitioners Address

The name and address of the Petitioner is:

Pressure Doctor DBA Midwest Aerial Applicators

S.S. Cattle Company LLLP

6110 Rockdell Dr

3315 Schwenkfelder Rd

Indianapolis, IN 46237

Cambridge, Idaho 83610

The primary contact for this petition, with a copy to myself at the address above is:

Jordan Hite

Royce Schwenkfelder

In support of this Petition for Exemption, Pressure Doctor DBA Midwest Aerial Applicators will create and

In support of this Petition for Exemption, S.S. Cattle Company LLLP will create and have available for

have available for inspection the following associated UAS operating documents:

inspection the following associated UAS operating documents:

• General Operations Manual (GOM), to include a Safety Management system and Aircrew

Training Program

• UAS Maintenance procedures for the aircraft they operate.

In this Summary Grant Petition for an exemption, Pressure Doctor DBA Midwest Aerial Applicators is

In this Summary Grant Petition for an exemption, S.S. Cattle Company LLLP is hereinafter referred to as “the

hereinafter referred to as “the Operator”, “the Exemption Holder”, or “the Petitioner/’s”.

Operator”, “the Exemption Holder”, or “the Petitioner/’s”.

Petition for Exemption

Pressure Doctor DBA Midwest Aerial Applicators petitions for exemption from the listed Federal Aviation

S.S. Cattle Company LLLP petitions for exemption from the listed Federal Aviation Regulations to conduct

Regulations to conduct agricultural aircraft operations as defined in 14 CFR part 137. Title 49 U.S.C. § 44807, and

agricultural aircraft operations as defined in 14 CFR part 137. Title 49 U.S.C. § 44807, and 14 C.F.R. Part 11 to

14 C.F.R. Part 11 to authorize commercial agricultural related services with UAS aircraft weighing 55 pounds or

authorize commercial agricultural related services with UAS aircraft weighing 55 pounds or more from the

more from the approved aircraft list. The Petitioner will operate under the restrictions listed in Exemption #22003

approved aircraft list. The Petitioner will operate under the restrictions listed in Exemption #22003 or as ruled.

or as ruled.

Petition for Exemption Relief Sought

The Petitioner requests exemption under Part 11 of the Federal Aviation Regulations from:

14 C.F.R. § 61.3 (a)(1)(i) Requirement for certificates, ratings, and authorizations.

14 C.F.R. § 61.3 (c)(1) Medical certificate

14 C.F.R. § 61.23 (a)(2) Second class medical certificate

14 C.F.R. § 91.7(a) Civil aircraft airworthiness.

14 C.F.R. § 91.119(c) Minimum safe altitudes: General.

14 C.F.R. § 91.121 Altimeter settings.

14 C.F.R. § 91.151(b) Fuel requirements for flight in VFR conditions.

14 C.F.R. § 91.209(a)(1) Aircraft lights

14 C.F.R. § 91.403(b) Maintenance, preventative maintenance, or alterations to an aircraft

14 C.F.R. § 91.405(a) Maintenance required.

14 C.F.R. § 91.407(a)(1) Operation after maintenance, preventive maintenance, rebuilding, and

inspections.

14 C.F.R. § 91.409(a)(1) and (2) Inspections.

14 C.F.R. § 91.417(a) and (b) Maintenance records.

14 C.F.R. § 137.19 (c), (d) and (e)(2)(ii)(iii) and (v) Agricultural aircraft operator certification

requirements.

14 C.F.R. § 137.31(a) and(b) Aircraft requirements.

14 C.F.R. § 137.33(a) and (b) Carrying of certificate.

14 C.F.R. § 137.41(c) Personnel, Pilot in command.

14 C.F.R. § 137.42 Fastening of safety belts and shoulder harnesses.

All of Title 14, Code of Federal Regulations (14 CFR) to the extent necessary to allow the operator to provide

commercial agricultural-related services with a UAS on the List of Approved Agricultural UAS under Section 44807.

The list, which will be updated periodically, is posted at www.regulations.gov, under docket number FAA-2023-

1271.

Rational for Relief

The FAA has seen a significant increase in agricultural aircraft operator certificate applicants seeking to use UAS

in agricultural aircraft operations under 14 CFR Part 137 and has approved hundreds of these requests with few

incidents. Therefore, the FAA is shifting to a risk-based approach to streamline the certification process for

certain lower-risk operators and explains the relevant changes to conditions and limitations in this document in

the analysis that follows. These include the following changes:

1. The Part 137 certification process;

2. The documentation requirements;

3. The approved aircraft; and

4. Updates to reflect FAA policy.

The FAA’s Decision

The Petitioner agrees that the following limitations provide an equivalent level of safety, if not greater, as the

FAR’s presently impose upon the Petitioner. The guidelines below were already previously granted in Exemption

No. 22003.

The FAA has determined that the justification for the issuance of an Exemption remains valid with respect to this

exemption and is in the public interest. Therefore, under the authority provided by 49 U.S.C. §§ 106(f), 40113,

44701, and 44807, we request you grant the petitioner an exemption from 14 CFR §§ 61.3(a)(1)(i), 61.3(c)(1),

61.23(a)(2), (91.7(a), 91.119(c), 91.121, 91.151(b), 91.209(a)(1), 91.403(b), 91.405(a), 91.407(a)(1), 91.409(a)(1),

91.409(a)(2), 91.417(a), 91.417(b), 137.19(c), 137.19(d), E 137.19(e)(2)(ii), 137.19(e)(2)(iii), 137.19(e)(2)(v),

137.31(a), 137.31(b),137.33(a), 137.33(b), 137.41(c), and 137.42 to the extent necessary to allow the petitioner

to operate any UAS found on the List of Approved Agricultural UAS under Section 44807 for the provision of

commercial agricultural-related services, subject to the following conditions and limitations. Conditions and

Limitations In this grant of exemption, the petitioner is hereinafter referred to as “the Operator” or “Exemption

Holder.”

1. This exemption is non-transferrable. Only the approved petitioner, may conduct operations in

accordance with this exemption.

2. The Operator must obtain an agricultural aircraft operator certificate under Part 137 by submitting FAA

Form 8710-3 (copy enclosed) and the Operator’s exemption number to UAS137Certificates@faa.gov.

Please note, the name of person or entity on the 8710-3 application must match the Exemption Holder’s

name.

3. Prior to operations under 14 CFR Part 137, the Operator may conduct training flights, proficiency flights,

experience-building flights, and maintenance functional test flights under this exemption with the

understanding that the Operator is conducting these flights for the purpose of obtaining a Part 137

agricultural aircraft operator certificate.

4. Operations authorized by this grant of exemption include any unmanned aircraft system (UAS), along

with the approved maximum take-off weight (MTOW) weight, which includes payload, for the respective

UAS identified on the List of Approved Agricultural UAS under Section 44807 at regulatory docket FAA-

2023-1271 at www.regulations.gov, when weighing 55 pounds (lbs.) or greater including payload.

Proposed operations of any aircraft not on the list, or at different weights than currently approved, will

require a new petition or a petition to amend this exemption.

5. This exemption does not excuse the Operator from complying with 14 CFR Part 375. If operations under

this exemption involve the use of foreign civil aircraft, the Operator must obtain a Foreign Aircraft

Permit pursuant to 14 CFR § 375.41 before conducting any operations under this exemption. Application

instructions are specified in 14 CFR § 375.43.

6. The unmanned aircraft (UA) may not be operated at a groundspeed exceeding 30 miles per hour or at a

speed greater than the maximum operating speed recommended by the aircraft manufacturer,

whichever is lower.

7. All operations must be conducted in accordance with an Air Traffic Organization (ATO) issued Certificate

of Waiver or Authorization (COA). A copy of the blanket 49 U.S.C. § 44807 COA is enclosed with this

exemption. The Exemption Holder must apply for a new or amended COA if it intends to conduct

operations that cannot be conducted under the terms of the enclosed COA. If a conflict exists between

the COA and this condition, the more restrictive provision will apply. The COA will also require the

Operator to request a Notice to Air Missions (NOTAM) not more than 72 hours in advance, but not less

than 24 hours prior to each operation. Unless the COA or other subsequently issued FAA authorization

specifies an altitude restriction lower than 200 feet above ground level (AGL), operations under this

exemption may not exceed 200 feet AGL. Altitude must be reported in feet AGL.

8. The pilot In command (PIC) must be designated before the flight and cannot transfer their designation

for the duration of the flight. In all situations, the Operator and the PIC are responsible for the safety of

the operation. The Operator must ensure the PIC follows all applicable conditions and limitations as

prescribed in this exemption and ATO-issued COA and operating in accordance with the operating

documents as defined in the conditions and limitations in this exemption. The UA must be operated

within visual line of sight (VLOS) of the PIC at all times. If the PIC is unable to maintain VLOS with the UA

during flight, (including if caused by the inadvertent loss of night vision) the entire flight operation must

be terminated as soon as practicable. The PIC must 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.

9. The PIC may manipulate flight controls in the operation of no more than three UA at the same time.

Proposed operation of more than three UA at the same time (by one PIC) requires a new petition or a

petition to amend this exemption.

10. Unless otherwise authorized by the Administrator, the Ground Control Station (GCS) and software must

be designed for, and compatible with, the UAS to be operated. The GCS must clearly display and identify

each UAS being operated by the PIC.

11. Operations of multiple UAS by a single PIC must be automated and have a back-up remote control for

each UAS being operated. The autopilot system must maintain UAS separation without input from the

PIC.

12. All operations may optionally utilize the services of at least one or more visual observers (VO). If utilized,

the VO must be trained in accordance with the Operator’s training program. For purposes of this

condition, a VO is someone:

(1) who maintains effective communication with the PIC at all times;

(2) who the PIC ensures is able to see the UA with human vision as described in Condition and

Limitation No. 8; and

(3) coordinates with the PIC to scan the airspace where the UA is operating for any potential

collision hazard and maintain awareness of the position of the UA through direct visual observation.

The UA must be operated within VLOS of both the PIC and VO (if used) at all times. The VO (if used)

must have no collateral duties and is not the PIC during the flight. The VO may be used to satisfy the

VLOS requirement as long as the PIC always maintains VLOS capability. The VO (if used) and PIC must be

able to communicate verbally at all times; electronic messaging or texting is not permitted during flight

operations. The VO (if used) must maintain visual sight of the aircraft at all times during flight operations

without distraction. The PIC must ensure that the VO can perform the duties required of the VO. If

either the PIC or a VO (if used) is unable to maintain VLOS with the UA during flight, (including if caused

by the inadvertent loss of night vision) the entire flight operation must be terminated as soon as

practicable.

13. If a VO is not utilized, the PIC must maintain VLOS with the UA during the entire flight operation.

Additional support personnel may be used to conduct UA inspections, and servicing, such as changing

batteries and refilling or exchanging hoppers. Additional support personnel are not considered to be

performing the function of a VO; however, their use is encouraged to ensure the PIC is not distracted

with non-essential duties during flight.

14. 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. At a minimum, the operating documents must include:

a. The Operator’s operations manual;

b. The Operator’s training program;

c. The manufacturer’s provided flight manual;

d. All other manufacturer UAS provided documents;

e. This exemption; and f. Any ATO-issued COA that applies to operations under this exemption.

These operating documents must be accessible during all UAS operations that occur under this

exemption and made available to the Administrator or any law enforcement official upon request. If a

discrepancy exists between the conditions and limitations in this exemption and the procedures

outlined in the operating documents, the conditions and limitations herein take precedence and must

be followed. Otherwise, the Operator must follow the procedures as outlined in its operating

documents.

15. The Operator must have and keep current a comprehensive operations Manual that is tailored for their

proposed operation and contain, at a minimum:

a. Operations policies, methods, and procedures that address Safety Risk Management (SRM);

b. Adverse weather;

c. Flight planning;

d. NOTAM;

e. Aircraft inspection;

f. Preflight duties and post-flight duties;

g. Normal and emergency flight procedures;

h. Crew Resource Management (CRM) and communications,

i. Crewmember responsibilities;

j. Accident reporting;

k. Hazardous material (HAZMAT) handling and stowage;

l. UAS maintenance;

m. Operation at Night (if operating at night);

n. Multi-UAS Operation (if operating multi-UAS);

o. Multi-UAS Operation at Night (if operating multi-UAS at Night); and

p. Operation without a VO (if operating without a VO).

16. The Operator must have and keep current a comprehensive crewmember training program that is

tailored for their proposed operation and contain, at a minimum:

a. Knowledge requirements of 14 CFR § 137.19(e)(1),

b. Initial and recurrent training;

c. Testing;

d. Completion standards;

e. Ground training;

f. Site surveying;

g. Flight training;

h. Normal and emergency procedures;

i. UAS operating limitations;

j. Lost-link procedures;

k. Multi-UAS;

l. Any ATO-issued COA that applies to operations under this exemption;

m. HAZMAT handling and stowage;

n. Operation at Night (if operating at night), the Training Program must include:

o Elements to ensure crewmembers are personally prepared for night operation, with a focus on

eyesight preparation and fatigue;

o Emphasis on the preparation of the ground station and landing location, ensuring it is as well-

lit as possible, without hindering the PIC’s night vision; and

o Satisfactory functional checks of the aircraft lights.

o. Multi-UAS Operation (if operating Multi-UAS), the Training Program must include:

o Satisfactory pre-flight inspection of the GCS and operating area to ensure that three UAS can

operate and land safely.

p. Multi-UAS Operation at Night (if operating multi-UAS at night), the Training Program must include:

o Satisfactory pre-flight inspection of the GCS and operating area to ensure that three UAS can

operate and land safely; and

o Satisfactory pre-flight checks to ensure the aircraft identification lights distinguish each UAS

individually.

q. Operation without a VO (if operating without a VO), the Training Program must include: o All roles

and responsibilities of the VO to be assumed and conducted by the PIC.

17. Any aircraft 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 (if used) and other personnel required to conduct the functional flight test

(such as a mechanic or technician) 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.

18. The Operator is responsible for maintaining and inspecting all aircraft to be used in the operation and

ensuring that they are all in a condition for safe operation.

19. Prior to each flight, the PIC must conduct a pre-flight inspection and determine the aircraft is in a condition

for safe flight. The pre-flight inspection must account for all potential discrepancies, such as 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

aircraft is found to be in a condition for safe flight.

20. The Operator must follow the UAS manufacturer’s operating limitations, maintenance instructions, service

bulletins, overhaul, replacement, inspection, and life-limit requirements for the UAS and UAS components. Each

UAS operated under this exemption must comply with all manufacturers’ safety bulletins. Maintenance must be

performed by individuals who have been trained by the Operator in proper techniques and procedures for these

UAS. All maintenance must be recorded in the UAS records including a brief description of the work performed,

date of completion, and the name of the person performing the work.

21. A PIC must hold a current remote pilot certificate with a small UAS rating issued under Part 107. The PIC

must meet the requirements of Section 107.65, Aeronautical knowledge recency. 22. For night operations, the

PIC must not have any night operating limitations on their FAA issued airman medical certificate, nor any

medical condition which interferes with night vision and must be able to perceive those colors necessary to

correctly distinguish the UA’s position and orientation at night.

23. The PIC must also hold at least a current FAA third-class airman medical certificate. The PIC may not conduct

the operation if the PIC knows or has reason to know of any medical condition that would make the PIC unable

to meet the requirements for at least a third class medical airman medical certificate or is taking medication or

receiving treatment for a medical condition that results in the PIC being unable to meet the requirements for at

least a third-class medical certificate. A VO (if used) or any other direct participant may not participate in the

operation if they know or have reason to know of any physical or mental condition that would interfere with the

safe operation of the UAS.

24. The PIC must satisfactorily complete the Operator’s training program requirements, as described in the

training manual; and satisfactorily complete the applicable knowledge and skills requirements for agricultural

aircraft operations outlined in Part 137, with the exception of Sections 137.19(e)(2)(ii), 137.19(e)(2)(iii), and

137.19(e)(2)(v), which are not required for the purposes of meeting this condition. The operator or chief

supervisor’s knowledge and skill tests of 14 CFR § 137.19(e) may be self-administered. Documentation of

satisfactory completion of both the training program and the knowledge and skill tests of Section 137.19(e) must

include the date of the test, as well as the PIC’s name, FAA pilot certificate number, and legal signature. This

documentation must be provided to the FAA upon request.

25. PIC qualification flight hours and currency may be logged in a manner consistent with 14 CFR § 61.51(b).

However, time logged for UAS operations may not be recorded in the same columns or categories as time

accrued during manned flight, and UAS flight time does not count toward total flight time required for any Part

61 requirement.

26. When operating without a VO, the PIC will remain at the ground station at all times while any UAS is in the

air. The PIC will not leave the ground station to load or service a UAS on the ground while any UAS is in the air.

When operating without a VO, the PIC must land all three UAS before proceeding to load or service.

27. All training operations must be conducted during dedicated training sessions in accordance with the

Operator’s training program. The Operator may conduct training operations only for the Operator’s employees.

Furthermore, the PIC must operate the UA not closer than 500 feet to any nonparticipating person while

conducting training operations. Training, individually and combined, is required for night, multiple UAS by a

single PIC, and operations without a VO.

28. The VO (if used) must not have any medical condition which interferes with night vision and must be able to

perceive those colors necessary to correctly distinguish the UA’s position and orientation at night.

29. For night operations, the VO (if used) must have completed the night training portion of the Operator’s

training program requirements, the completion of which must be documented.

30. UAS operations may be conducted during night, as defined in 14 CFR § 1.1. All operations must be conducted

under visual meteorological conditions (VMC). Operations may not be conducted under special visual flight rules

(SVFR). Night operations require anti-collision lighting that is visible for 3 statute miles and has a flash rate

sufficient to avoid a collision as is consistent with 14 CFR § 107.29(b). The aircraft must also be equipped with

continuously illuminated identification lighting. a. For multi-UAS operation at night, the UAS must incorporate

position lights configured to match each UAS’s color displayed in the ground station software.

31. For night operations, the area of operation must be sufficiently illuminated to allow both the remote PIC and

VO (if used) to identify people or obstacles on the ground, or the PIC must have inspected the operating area in

person during daylight hours in order to assess all potential hazards and develop a plan to avoid these hazards.

32. For night operations, the PIC must verify all aircraft lights are fully functional prior to each operation. Should

the lighting system become inoperative, the night operation must cease immediately.

33. 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.

34. For UAS operations where a global navigation satellite system (GNSS) signal is necessary to safely operate

the aircraft, the PIC must immediately recover or land the UA upon loss of GNSS signal.

35. An individual system failure must not interfere with the operation of other UAS or cause incidents, accidents,

or loss of control involving UAS that are the subject of this exemption.

36. If the PIC loses command or control link, the UA must follow a pre-determined route to either reestablish

link or immediately recover or land.

37. The UAS must be equipped with a flight termination system. Prior to operations subject to this exemption,

the flight termination system must be tested and verified to operate as described in the operating documents.

38. The PIC must abort the flight operation if unexpected circumstances or emergencies arise that could degrade

the safety of persons or property. The PIC must terminate flight operations without causing undue hazard to

persons or property in the air or on the surface.

39. The PIC is prohibited from beginning a flight unless (considering wind and forecast weather conditions) there

is enough available power for each aircraft involved in the operation to conduct the intended operation with

sufficient reserve such that in the event of an emergency, the PIC can land the aircraft in a known area without

posing an undue risk to aircraft or people and property on the surface. In the alternative, if the manufacturer’s

manual, specifications, or other documents that a

manual, specifications, or other documents that apply to the operation of the UAS recommend a specific volume

of reserve pow

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1
© 2024 Agri Spray Drones, LLC. All rights reserved.
Agri Spray Drones, LLC
13620 Old Hwy 40
Boonville, MO 65233
573-226-4813
regulations@agrispraydrones.com
06/28/2024
U. S. Department of Transportation
Docket Operations
West Building Ground Floor, Room W12-140
1200 New Jersey Ave., SE
Washington, DC 20590
Re: Petition for Exemption under 14 C.F.R. Part 11 of the Federal Aviation Regulations from 14 CFR parts
61.3(a)(1)(i); 61.3(c)(1); 61.23(a)(2); 91.7(a); 91.119(c); 91.121; 91.151(b); 91.209(a)(1); 91.403(b); 91.405(a);
91.407(a)(1); 91. 409(a)(1); 91.409(a)(2); 91.417(a); 91.417(b); 137.19(c); 137.19(d); 137.19(e)(2)(ii);
137.19(e)(2) (iii); 137.19(e)(2)(v); 137.31(a); 137.31(b); 137.33(a); 137.33(b); 137.41(c), and 137.42 and Title 49
U.S.C. § 44807 to Authorize Commercial Agricultural Services with a UAS weighing more than 55 pounds.
2
© 2024 Agri Spray Drones, LLC. All rights reserved.
Table of Contents
Petitioners Address 3
Petition for Exemption 3
Petition for Exemption Relief Sought 3
Rational for Relief 4
The FAA’s Previous Decision 4
Reasons why the petitioner is seeking relief from the regulations and why the exemptions would provide an
equivalent level of safety 13
1. 49 U.S.C. § 44807 13
2. 49 U.S.C. § 44701 13
3. 14 C.F.R. Part 61: Pilot Certification 13
4. 14 C.F.R. Part 91: Aircraft System 13
5. 14 C.F.R. Part 137: Certification Requirements 15
Reasons Why Granting this Petition Would be in the Public Interest 17
Federal Registry Summary 17
Conclusion 17
3
© 2024 Agri Spray Drones, LLC. All rights reserved.
Petitioners Address
The name and address of the Petitioner is:
Pressure Doctor DBA Midwest Aerial Applicators
6110 Rockdell Dr
Indianapolis, IN 46237
The primary contact for this petition, with a copy to myself at the address above is:
Jordan Hite
In support of this Petition for Exemption, Pressure Doctor DBA Midwest Aerial Applicators will create and
have available for inspection the following associated UAS operating documents:
• General Operations Manual (GOM), to include a Safety Management system and Aircrew
Training Program
• UAS Maintenance procedures for the aircraft they operate.
In this Summary Grant Petition for an exemption, Pressure Doctor DBA Midwest Aerial Applicators is
hereinafter referred to as “the Operator”, “the Exemption Holder”, or “the Petitioner/’s”.
Petition for Exemption
Pressure Doctor DBA Midwest Aerial Applicators petitions for exemption from the listed Federal Aviation
Regulations to conduct agricultural aircraft operations as defined in 14 CFR part 137. Title 49 U.S.C. § 44807, and
14 C.F.R. Part 11 to authorize commercial agricultural related services with UAS aircraft weighing 55 pounds or
more from the approved aircraft list. The Petitioner will operate under the restrictions listed in Exemption #22003
or as ruled.
Petition for Exemption Relief Sought
The Petitioner requests exemption under Part 11 of the Federal Aviation Regulations from:
14 C.F.R. § 61.3 (a)(1)(i) Requirement for certificates, ratings, and authorizations.
14 C.F.R. § 61.3 (c)(1) Medical certificate
14 C.F.R. § 61.23 (a)(2) Second class medical certificate
14 C.F.R. § 91.7(a) Civil aircraft airworthiness.
14 C.F.R. § 91.119(c) Minimum safe altitudes: General.
14 C.F.R. § 91.121 Altimeter settings.
14 C.F.R. § 91.151(b) Fuel requirements for flight in VFR conditions.
14 C.F.R. § 91.209(a)(1) Aircraft lights
14 C.F.R. § 91.403(b) Maintenance, preventative maintenance, or alterations to an aircraft
14 C.F.R. § 91.405(a) Maintenance required.
14 C.F.R. § 91.407(a)(1) Operation after maintenance, preventive maintenance, rebuilding, and
inspections.
4
© 2024 Agri Spray Drones, LLC. All rights reserved.
14 C.F.R. § 91.409(a)(1) and (2) Inspections.
14 C.F.R. § 91.417(a) and (b) Maintenance records.
14 C.F.R. § 137.19 (c), (d) and (e)(2)(ii)(iii) and (v) Agricultural aircraft operator certification
requirements.
14 C.F.R. § 137.31(a) and(b) Aircraft requirements.
14 C.F.R. § 137.33(a) and (b) Carrying of certificate.
14 C.F.R. § 137.41(c) Personnel, Pilot in command.
14 C.F.R. § 137.42 Fastening of safety belts and shoulder harnesses.
All of Title 14, Code of Federal Regulations (14 CFR) to the extent necessary to allow the operator to provide
commercial agricultural-related services with a UAS on the List of Approved Agricultural UAS under Section 44807.
The list, which will be updated periodically, is posted at www.regulations.gov, under docket number FAA-2023-
1271.
Rational for Relief
The FAA has seen a significant increase in agricultural aircraft operator certificate applicants seeking to use UAS
in agricultural aircraft operations under 14 CFR Part 137 and has approved hundreds of these requests with few
incidents. Therefore, the FAA is shifting to a risk-based approach to streamline the certification process for
certain lower-risk operators and explains the relevant changes to conditions and limitations in this document in
the analysis that follows. These include the following changes:
1. The Part 137 certification process;
2. The documentation requirements;
3. The approved aircraft; and
4. Updates to reflect FAA policy.
The FAA’s Decision
The Petitioner agrees that the following limitations provide an equivalent level of safety, if not greater, as the
FAR’s presently impose upon the Petitioner. The guidelines below were already previously granted in Exemption
No. 22003.
The FAA has determined that the justification for the issuance of an Exemption remains valid with respect to this
exemption and is in the public interest. Therefore, under the authority provided by 49 U.S.C. §§ 106(f), 40113,
44701, and 44807, we request you grant the petitioner an exemption from 14 CFR §§ 61.3(a)(1)(i), 61.3(c)(1),
61.23(a)(2), (91.7(a), 91.119(c), 91.121, 91.151(b), 91.209(a)(1), 91.403(b), 91.405(a), 91.407(a)(1), 91.409(a)(1),
91.409(a)(2), 91.417(a), 91.417(b), 137.19(c), 137.19(d), E 137.19(e)(2)(ii), 137.19(e)(2)(iii), 137.19(e)(2)(v),
137.31(a), 137.31(b),137.33(a), 137.33(b), 137.41(c), and 137.42 to the extent necessary to allow the petitioner
to operate any UAS found on the List of Approved Agricultural UAS under Section 44807 for the provision of
commercial agricultural-related services, subject to the following conditions and limitations. Conditions and
Limitations In this grant of exemption, the petitioner is hereinafter referred to as “the Operator” or “Exemption
Holder.”
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1. This exemption is non-transferrable. Only the approved petitioner, may conduct operations in
accordance with this exemption.
2. The Operator must obtain an agricultural aircraft operator certificate under Part 137 by submitting FAA
Form 8710-3 (copy enclosed) and the Operator’s exemption number to UAS137Certificates@faa.gov.
Please note, the name of person or entity on the 8710-3 application must match the Exemption Holder’s
name.
3. Prior to operations under 14 CFR Part 137, the Operator may conduct training flights, proficiency flights,
experience-building flights, and maintenance functional test flights under this exemption with the
understanding that the Operator is conducting these flights for the purpose of obtaining a Part 137
agricultural aircraft operator certificate.
4. Operations authorized by this grant of exemption include any unmanned aircraft system (UAS), along
with the approved maximum take-off weight (MTOW) weight, which includes payload, for the respective
UAS identified on the List of Approved Agricultural UAS under Section 44807 at regulatory docket FAA-
2023-1271 at www.regulations.gov, when weighing 55 pounds (lbs.) or greater including payload.
Proposed operations of any aircraft not on the list, or at different weights than currently approved, will
require a new petition or a petition to amend this exemption.
5. This exemption does not excuse the Operator from complying with 14 CFR Part 375. If operations under
this exemption involve the use of foreign civil aircraft, the Operator must obtain a Foreign Aircraft
Permit pursuant to 14 CFR § 375.41 before conducting any operations under this exemption. Application
instructions are specified in 14 CFR § 375.43.
6. The unmanned aircraft (UA) may not be operated at a groundspeed exceeding 30 miles per hour or at a
speed greater than the maximum operating speed recommended by the aircraft manufacturer,
whichever is lower.
7. All operations must be conducted in accordance with an Air Traffic Organization (ATO) issued Certificate
of Waiver or Authorization (COA). A copy of the blanket 49 U.S.C. § 44807 COA is enclosed with this
exemption. The Exemption Holder must apply for a new or amended COA if it intends to conduct
operations that cannot be conducted under the terms of the enclosed COA. If a conflict exists between
the COA and this condition, the more restrictive provision will apply. The COA will also require the
Operator to request a Notice to Air Missions (NOTAM) not more than 72 hours in advance, but not less
than 24 hours prior to each operation. Unless the COA or other subsequently issued FAA authorization
specifies an altitude restriction lower than 200 feet above ground level (AGL), operations under this
exemption may not exceed 200 feet AGL. Altitude must be reported in feet AGL.
8. The pilot In command (PIC) must be designated before the flight and cannot transfer their designation
for the duration of the flight. In all situations, the Operator and the PIC are responsible for the safety of
the operation. The Operator must ensure the PIC follows all applicable conditions and limitations as
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prescribed in this exemption and ATO-issued COA and operating in accordance with the operating
documents as defined in the conditions and limitations in this exemption. The UA must be operated
within visual line of sight (VLOS) of the PIC at all times. If the PIC is unable to maintain VLOS with the UA
during flight, (including if caused by the inadvertent loss of night vision) the entire flight operation must
be terminated as soon as practicable. The PIC must 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.
9. The PIC may manipulate flight controls in the operation of no more than three UA at the same time.
Proposed operation of more than three UA at the same time (by one PIC) requires a new petition or a
petition to amend this exemption.
10. Unless otherwise authorized by the Administrator, the Ground Control Station (GCS) and software must
be designed for, and compatible with, the UAS to be operated. The GCS must clearly display and identify
each UAS being operated by the PIC.
11. Operations of multiple UAS by a single PIC must be automated and have a back-up remote control for
each UAS being operated. The autopilot system must maintain UAS separation without input from the
PIC.
12. All operations may optionally utilize the services of at least one or more visual observers (VO). If utilized,
the VO must be trained in accordance with the Operator’s training program. For purposes of this
condition, a VO is someone:
(1) who maintains effective communication with the PIC at all times;
(2) who the PIC ensures is able to see the UA with human vision as described in Condition and
Limitation No. 8; and
(3) coordinates with the PIC to scan the airspace where the UA is operating for any potential
collision hazard and maintain awareness of the position of the UA through direct visual observation.
The UA must be operated within VLOS of both the PIC and VO (if used) at all times. The VO (if used)
must have no collateral duties and is not the PIC during the flight. The VO may be used to satisfy the
VLOS requirement as long as the PIC always maintains VLOS capability. The VO (if used) and PIC must be
able to communicate verbally at all times; electronic messaging or texting is not permitted during flight
operations. The VO (if used) must maintain visual sight of the aircraft at all times during flight operations
without distraction. The PIC must ensure that the VO can perform the duties required of the VO. If
either the PIC or a VO (if used) is unable to maintain VLOS with the UA during flight, (including if caused
by the inadvertent loss of night vision) the entire flight operation must be terminated as soon as
practicable.
13. If a VO is not utilized, the PIC must maintain VLOS with the UA during the entire flight operation.
Additional support personnel may be used to conduct UA inspections, and servicing, such as changing
batteries and refilling or exchanging hoppers. Additional support personnel are not considered to be
performing the function of a VO; however, their use is encouraged to ensure the PIC is not distracted
with non-essential duties during flight.
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14. 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. At a minimum, the operating documents must include:
a. The Operator’s operations manual;
b. The Operator’s training program;
c. The manufacturer’s provided flight manual;
d. All other manufacturer UAS provided documents;
e. This exemption; and f. Any ATO-issued COA that applies to operations under this exemption.
These operating documents must be accessible during all UAS operations that occur under this
exemption and made available to the Administrator or any law enforcement official upon request. If a
discrepancy exists between the conditions and limitations in this exemption and the procedures
outlined in the operating documents, the conditions and limitations herein take precedence and must
be followed. Otherwise, the Operator must follow the procedures as outlined in its operating
documents.
15. The Operator must have and keep current a comprehensive operations Manual that is tailored for their
proposed operation and contain, at a minimum:
a. Operations policies, methods, and procedures that address Safety Risk Management (SRM);
b. Adverse weather;
c. Flight planning;
d. NOTAM;
e. Aircraft inspection;
f. Preflight duties and post-flight duties;
g. Normal and emergency flight procedures;
h. Crew Resource Management (CRM) and communications,
i. Crewmember responsibilities;
j. Accident reporting;
k. Hazardous material (HAZMAT) handling and stowage;
l. UAS maintenance;
m. Operation at Night (if operating at night);
n. Multi-UAS Operation (if operating multi-UAS);
o. Multi-UAS Operation at Night (if operating multi-UAS at Night); and
p. Operation without a VO (if operating without a VO).
16. The Operator must have and keep current a comprehensive crewmember training program that is
tailored for their proposed operation and contain, at a minimum:
a. Knowledge requirements of 14 CFR § 137.19(e)(1),
b. Initial and recurrent training;
c. Testing;
d. Completion standards;
e. Ground training;
f. Site surveying;
g. Flight training;
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h. Normal and emergency procedures;
i. UAS operating limitations;
j. Lost-link procedures;
k. Multi-UAS;
l. Any ATO-issued COA that applies to operations under this exemption;
m. HAZMAT handling and stowage;
n. Operation at Night (if operating at night), the Training Program must include:
o Elements to ensure crewmembers are personally prepared for night operation, with a focus on
eyesight preparation and fatigue;
o Emphasis on the preparation of the ground station and landing location, ensuring it is as well-
lit as possible, without hindering the PIC’s night vision; and
o Satisfactory functional checks of the aircraft lights.
o. Multi-UAS Operation (if operating Multi-UAS), the Training Program must include:
o Satisfactory pre-flight inspection of the GCS and operating area to ensure that three UAS can
operate and land safely.
p. Multi-UAS Operation at Night (if operating multi-UAS at night), the Training Program must include:
o Satisfactory pre-flight inspection of the GCS and operating area to ensure that three UAS can
operate and land safely; and
o Satisfactory pre-flight checks to ensure the aircraft identification lights distinguish each UAS
individually.
q. Operation without a VO (if operating without a VO), the Training Program must include: o All roles
and responsibilities of the VO to be assumed and conducted by the PIC.
17. Any aircraft 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 (if used) and other personnel required to conduct the functional flight test
(such as a mechanic or technician) 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.
18. The Operator is responsible for maintaining and inspecting all aircraft to be used in the operation and
ensuring that they are all in a condition for safe operation.
19. Prior to each flight, the PIC must conduct a pre-flight inspection and determine the aircraft is in a condition
for safe flight. The pre-flight inspection must account for all potential discrepancies, such as 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
aircraft is found to be in a condition for safe flight.
20. The Operator must follow the UAS manufacturer’s operating limitations, maintenance instructions, service
bulletins, overhaul, replacement, inspection, and life-limit requirements for the UAS and UAS components. Each
UAS operated under this exemption must comply with all manufacturers’ safety bulletins. Maintenance must be
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performed by individuals who have been trained by the Operator in proper techniques and procedures for these
UAS. All maintenance must be recorded in the UAS records including a brief description of the work performed,
date of completion, and the name of the person performing the work.
21. A PIC must hold a current remote pilot certificate with a small UAS rating issued under Part 107. The PIC
must meet the requirements of Section 107.65, Aeronautical knowledge recency. 22. For night operations, the
PIC must not have any night operating limitations on their FAA issued airman medical certificate, nor any
medical condition which interferes with night vision and must be able to perceive those colors necessary to
correctly distinguish the UA’s position and orientation at night.
23. The PIC must also hold at least a current FAA third-class airman medical certificate. The PIC may not conduct
the operation if the PIC knows or has reason to know of any medical condition that would make the PIC unable
to meet the requirements for at least a third class medical airman medical certificate or is taking medication or
receiving treatment for a medical condition that results in the PIC being unable to meet the requirements for at
least a third-class medical certificate. A VO (if used) or any other direct participant may not participate in the
operation if they know or have reason to know of any physical or mental condition that would interfere with the
safe operation of the UAS.
24. The PIC must satisfactorily complete the Operator’s training program requirements, as described in the
training manual; and satisfactorily complete the applicable knowledge and skills requirements for agricultural
aircraft operations outlined in Part 137, with the exception of Sections 137.19(e)(2)(ii), 137.19(e)(2)(iii), and
137.19(e)(2)(v), which are not required for the purposes of meeting this condition. The operator or chief
supervisor’s knowledge and skill tests of 14 CFR § 137.19(e) may be self-administered. Documentation of
satisfactory completion of both the training program and the knowledge and skill tests of Section 137.19(e) must
include the date of the test, as well as the PIC’s name, FAA pilot certificate number, and legal signature. This
documentation must be provided to the FAA upon request.
25. PIC qualification flight hours and currency may be logged in a manner consistent with 14 CFR § 61.51(b).
However, time logged for UAS operations may not be recorded in the same columns or categories as time
accrued during manned flight, and UAS flight time does not count toward total flight time required for any Part
61 requirement.
26. When operating without a VO, the PIC will remain at the ground station at all times while any UAS is in the
air. The PIC will not leave the ground station to load or service a UAS on the ground while any UAS is in the air.
When operating without a VO, the PIC must land all three UAS before proceeding to load or service.
27. All training operations must be conducted during dedicated training sessions in accordance with the
Operator’s training program. The Operator may conduct training operations only for the Operator’s employees.
Furthermore, the PIC must operate the UA not closer than 500 feet to any nonparticipating person while
conducting training operations. Training, individually and combined, is required for night, multiple UAS by a
single PIC, and operations without a VO.
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28. The VO (if used) must not have any medical condition which interferes with night vision and must be able to
perceive those colors necessary to correctly distinguish the UA’s position and orientation at night.
29. For night operations, the VO (if used) must have completed the night training portion of the Operator’s
training program requirements, the completion of which must be documented.
30. UAS operations may be conducted during night, as defined in 14 CFR § 1.1. All operations must be conducted
under visual meteorological conditions (VMC). Operations may not be conducted under special visual flight rules
(SVFR). Night operations require anti-collision lighting that is visible for 3 statute miles and has a flash rate
sufficient to avoid a collision as is consistent with 14 CFR § 107.29(b). The aircraft must also be equipped with
continuously illuminated identification lighting. a. For multi-UAS operation at night, the UAS must incorporate
position lights configured to match each UAS’s color displayed in the ground station software.
31. For night operations, the area of operation must be sufficiently illuminated to allow both the remote PIC and
VO (if used) to identify people or obstacles on the ground, or the PIC must have inspected the operating area in
person during daylight hours in order to assess all potential hazards and develop a plan to avoid these hazards.
32. For night operations, the PIC must verify all aircraft lights are fully functional prior to each operation. Should
the lighting system become inoperative, the night operation must cease immediately.
33. 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.
34. For UAS operations where a global navigation satellite system (GNSS) signal is necessary to safely operate
the aircraft, the PIC must immediately recover or land the UA upon loss of GNSS signal.
35. An individual system failure must not interfere with the operation of other UAS or cause incidents, accidents,
or loss of control involving UAS that are the subject of this exemption.
36. If the PIC loses command or control link, the UA must follow a pre-determined route to either reestablish
link or immediately recover or land.
37. The UAS must be equipped with a flight termination system. Prior to operations subject to this exemption,
the flight termination system must be tested and verified to operate as described in the operating documents.
38. The PIC must abort the flight operation if unexpected circumstances or emergencies arise that could degrade
the safety of persons or property. The PIC must terminate flight operations without causing undue hazard to
persons or property in the air or on the surface.
39. The PIC is prohibited from beginning a flight unless (considering wind and forecast weather conditions) there
is enough available power for each aircraft involved in the operation to conduct the intended operation with
sufficient reserve such that in the event of an emergency, the PIC can land the aircraft in a known area without
posing an undue risk to aircraft or people and property on the surface. In the alternative, if the manufacturer’s
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manual, specifications, or other documents that apply to the operation of the UAS recommend a specific volume
of reserve power, the PIC must adhere to the manufacturer’s recommendation, as long as it allows the aircraft
to conduct the operation with sufficient reserve and maintain power to land the aircraft in a known area
without presenting undue risks, should an emergency arise.
40. Documents used by the Operator to ensure the safe operation and flight of the UAS and any documents
required under 14 CFR §§ 91.9, 91.203, and 137.33 must be available to the PIC at the GCS of the UAS any time
any UA operates in accordance with this exemption. These documents must be made available to the
Administrator or any law enforcement official upon request.
41. The UA must remain clear and give way to all manned aviation operations and activities at all times.
42. The UAS may not be operated by the PIC from any moving device or vehicle.
43. All flight operations must be conducted at least 500 feet from all persons who are not directly participating
in the operation, and from vessels, vehicles, and structures, unless when operating:
a. Over or near people directly participating in the operation of the UAS. No person may operate the
UAS directly over a human being unless that human being is directly participating in the operation of the
UAS, to include the PIC, VO (if used) and other personnel who are directly participating in the safe
operation of the UA.
b. Near nonparticipating persons. Except as provided in subsection (a) of this section, a UA may only be
operated closer than 500 feet to a person when barriers or structures are present that sufficiently
protect that person from the UA and/or debris or hazardous materials such as fuel or chemicals in the
event of an accident. Under these conditions, the Operator must ensure that the person remains under
such protection for the duration of the operation. If a situation arises, in which the person leaves such
protection and is within 500 feet of the UA, flight operations must cease immediately in a manner that
does not cause undue hazard to persons.
c. Closer than 500 feet to vessels, vehicles and structures. The UA may be operated closer than 500 feet,
but not less than 100 feet, from vessels, vehicles, and structures under the following conditions:
(1) The UAS is equipped with an active geo-fence boundary, set no closer than 100 feet to
applicable waterways, roadways, or structures;
(2) The PIC must have a minimum of 7 hours’ experience operating the specific make and
model UAS authorized under this exemption, at least 3 hours of which must be acquired
within the preceding 12 calendar months;
(3) The PIC must have a minimum of 25 hours’ experience as a PIC in dispensing agricultural
materials or chemicals from a UA;
(4) The UA may not be operated at a groundspeed exceeding 15 miles per hour;
(5) The UA altitude may not exceed 20 feet AGL; and
(6) The PIC must make a safety assessment of the risk of operating closer than 500 feet
from those objects and determine that it does not present an undue hazard.
d. Closer than 100 feet from vessels, vehicles and structures. The UA may operate closer than 100 feet
from vessels, vehicles, and structures in accordance with the conditions listed in 43.c. (2) through (6)
and the following additional conditions:
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(1) The UAS is equipped with an active geo-fence boundary, set to avoid the
applicable waterways, roadways, or structures; and
(2) The Operator must obtain permission from a person with the legal authority
over any vessels, vehicles or structures prior to conducting operations closer
than 100 feet from those objects.
44. The PIC or a VO must be able to determine the aircraft’s altitude, attitude, and direction of flight at all times
at the GCS or have an attitude threshold limit alert that must be operable prior to night flight operations.
45. All operations shall be conducted from and over predetermined, uninhabited, segregated, private or
controlled-access property as described in the Operator’s Flight Operations Procedures Manual. The PIC must
ensure the entire operational area will be controlled38 to reduce risk to persons and property on the ground, as
well as other users of the National Airspace System (NAS). This area of operation will include a defined lateral
and vertical area where the aircraft will operate and must be geo-fenced to prevent any lateral and vertical
excursions by the operating aircraft. Safety procedures must be established for persons, property and applicable
airspace within the area of operation. A briefing must be conducted regarding the planned UAS operations prior
to operation at each location of operation in which the Operator has not previously conducted agricultural
aircraft operations. All personnel who will be performing duties within the boundaries of the area of operation
must be present for this briefing. Additionally, all operations conducted under this exemption may only occur in
areas of operation that have been physically examined by the Operator prior to conducting agricultural aircraft
operations and in accordance with the associated COA.
46. 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 within 24 hours as required by the
applicable COA issued by the FAA ATO. Additionally, any incident or accident that occurs, or any flight operation
that transgresses the lateral or vertical boundaries of the operational work area, must be reported to 137 UAS
Operations Office at UAS137Certificates@faa.gov.
Failure to comply with any of the above conditions and limitations may result in the immediate suspension or
rescission of this exemption.
Unless otherwise specified in this grant of exemption, the UAS, PIC, and the Operator must comply with all
applicable parts of 14 CFR including, but not limited to, Parts 45, 47, 91, and 38. In addition, the Operator must
comply with all limitations and provisions of the Operator’s agricultural aircraft operator certificate, which the
Operator must obtain prior to conducting agricultural operations in accordance with 14 CFR § 137.11.
18The Operator will control access to minimize hazards to persons and property in the air and on the ground.
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Reasons why the petitioner is seeking relief from the regulations and why the
exemptions would provide an equivalent level of safety.
49 U.S.C § 44807
The Special Authority for Certain Unmanned Systems (49 U.S.C. § 44807) grants the Secretary of Transportation
the authority to use a risk-based approach to determine whether an airworthiness certificate is required for a
drone to operate safely in the NAS. Under this authority, the Secretary may grant exemptions to the applicable
operating rules, aircraft requirements, and pilot requirements for a specific operation on a case-by-case basis.
The Special Authority for Certain Unmanned Systems (49 U.S.C. § 44807) grants UAS operators safe and legal
entry into the NAS upon consideration of its size, weight, speed, operational capability, proximity to airports and
populated areas, and operation within visual line of sight. The FAA further may find that the UAS does not
require “airworthiness certification under section 44704 of title 49, United States Code.”
49 U.S.C. § 44701
The FAA is further authorized to grant exemptions from its safety regulations and minimum standards under 49
U.S.C. § 44701 (“Section 44701”) “if the Administrator finds the exemption is in the public interest.” Section
44701(f) (authorizing the grant of exemptions from safety regulations and minimum standards under Section
44701(a) and (b) and Sections 44702-44716). Under 49 U.S.C. § 44701(f), the “Administrator may grant an
exemption from a requirement of a regulation prescribed under subsection (a) or (b) of this section or any of
sections 44702-44716 of Title 49 if the Administrator finds the exemption is in the public interest.”
For the reasons addressed herein, this Petition qualifies for expedited approval of Petitioner’s request for
exemption under both 49 U.S.C § 44807 and 49 U.S.C § 44701.
14 C.F.R. § 61.3 (a)(1)(i) Requirement for certificates, ratings, and authorizations.
61.3(a) says, “Required pilot certificate for operating a civil aircraft of the United States. No person may serve as
a required pilot flight crewmember of a civil aircraft of the United States, unless that person:(1) Has in the
person's physical possession or readily accessible in the aircraft when exercising the privileges of that pilot
certificate or authorization— (i) A pilot certificate issued under this part and in accordance with §61.19”
Unfortunately, 61.19 does not list a remote pilot certificate; therefore, to comply with 61.3 it would require the
pilot to obtain a Part 61 pilot certificate which would be burdensome.
Furthermore, this petition should be granted because the FAA in Exemption # 18009 (allowing a remote pilot
certificate for a Part 91 drone spraying operations) stated, “Based on the specific requirements imposed by the
remote pilot in command certificate, the petitioner’s hiring, training and testing protocols, the knowledge and
skill requirements in § 137.19, the remote, controlled locations and extremely low altitude operating
environment, the FAA concludes pilots who hold a remote pilot in command certificate can safely conduct the
proposed operations.” Likewise, the operators training manual, knowledge and skill requirement of 137.19,
extremely low altitude operations, and the use of current remote pilot would provide an equivalent level of
safety as the regulations.
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14 C.F.R. § 91.7(a) Civil aircraft airworthiness.
The operator is requesting relief from this regulation because the proposed unmanned aircraft have not been
issued a standard airworthiness certificate. Section 91.7 paragraph (a) requires the PIC to only operate aircraft in
an airworthy condition.
The FAA does not need to issue an airworthiness certificate for the proposed unmanned aircraft, but the DOT
can under its authority, in Section 44807, determine whether the proposed aircraft need airworthiness
certificates or not.
The FAA has previously granted relief from 91.7(a) for 55 pounds and heavier spraying unmanned aircraft (see
Exemption # 18009) and determined that restrictions like our proposed restrictions provided an equivalent level
of safety as the regulations. The proposed restrictions along with associated manuals that have been
confidentially submitted will provide an equivalent level of safety as the regulations.
14 C.F.R. § 91.119(c) Minimum safe altitudes: General.
91.119(c) says, “An altitude of 500 feet above the surface, except over open water or sparsely populated areas.
In those cases, the aircraft may not be operated closer than 500 feet to any person, vessel, vehicle, or
structure.” This would be burdensome to not allow the operation of the aircraft within 500ft of the crew. An
equivalent level of safety can be provided by requiring the aircraft to maintain a safe distance from people and
property according to proposed restriction 31. Furthermore, proposed restriction 31 has been determined by
the FAA to be safe in Exemption # 19037B for 55 pounds and heavier drone spraying operations. Based upon the
proposed restriction and the submitted supporting documents, an equivalent level of safety can be achieved.
14 C.F.R. § 91.121 Altimeter settings.
Section 91.121 requires each person operating an aircraft without a radio to maintain cruising altitude by
reference to a barometric altimeter that is set “to the elevation of the departure airport or an appropriate
altimeter setting available before departure.”
In Exemption 18009, the FAA determined that because of the limited altitude of the drone spraying operations,
using GPS instead of a barometric altimeter is considered safe. Based upon the proposed restriction and the
submitted supporting documents, an equivalent level of safety can be achieved.
14 C.F.R. § 91.151(b) Fuel requirements for flight in VFR conditions.
91.151(b) says, “No person may begin a flight in a rotorcraft under VFR conditions unless (considering wind and
forecast weather conditions) there is enough fuel to fly to the first point of intended landing and, assuming
normal cruising speed, to fly after that for at least 30 minutes.” It would be burdensome to comply with this
regulation seeing that there are no people onboard, the operational environment, and the small size of the
aircraft. The proposed restriction 27 is identical to the restriction in Exemption 19037B. The FAA previously
determined this to be an equivalent level of safety as 91.151(b).
14 C.F.R. § 91.403(b); § 91.405(a); § 91.407(a)(1); § 91.409(a)(1) and (2); § 91.417(a) and (b) Maintenance
Inspections
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Section 91.403(b) says, “No person may perform maintenance, preventive maintenance, or alterations on an
aircraft other than as prescribed in this subpart and other applicable regulations, including part 43 of this
chapter.” Section 91.405 paragraph (a) requires that an aircraft operator or owner “shall have that aircraft
inspected as prescribed in subpart E of this part and shall between required inspections, except as provided in
paragraph (c) of this section, have discrepancies repaired as prescribed in part 43 of this chapter” and maintain
the aircraft in compliance with Part 43. Section 91.407 paragraph (a)(1) prohibits, in pertinent part, any person
from operating an aircraft that has undergone maintenance, preventive maintenance, rebuilding, or alteration
unless it has been approved for return to service by a person authorized under § 43.7 of the same chapter.
Section 91.409 paragraph (a)(1) requires that the aircraft cannot be operated unless it has had an annual
inspection. Section 91.417 paragraphs (a) and (b) requires the owner/operator to keep a list of records of
inspections required by the other regulations.
These regulations primarily should be viewed as a whole in that they are requiring the owner/operator to
maintain/repair the aircraft having a U.S. airworthiness certificate while maintaining records of this, using Part
43 and certified individuals. While this makes sense for manned aircraft that are certified, it does not always
make sense for unmanned aircraft which do not have airworthiness certificates.
The aircraft manufacturer and operators are best positioned for determining the airworthiness of the aircraft.
The petitioner proposes that the supporting operating documents confidentially submitted and proposed
restrictions will provide an equivalent level of safety as the regulations listed.
Section 91.403 paragraph (b) says, “No person may perform maintenance, preventive maintenance, or
alterations on an aircraft other than as prescribed in this subpart and other applicable regulations, including part
43 of this chapter.” It logically follows that if an exemption from 91.405 (a); 91.407 (a) (1); 91.409 (a)(1);
91.417(a) & (b) is granted, 91.403(b) which references all these regulations, because they are in Subpart E of
Part 91, it must be exempted also; otherwise, 91.403(b) works against the exemption and revives the
restrictions just exempted. The FAA granted an exemption from this regulation in Exemption 19037B.
14 C.F.R. § 137.19(c), 137.41(c) Pilot in Command.
Section 137.19 paragraph (c) says, “Commercial operator—pilots. The applicant must have available the services
of at least one person who holds a current U.S. commercial or airline transport pilot certificate and who is
properly rated for the aircraft to be used. The applicant himself may be the person available.” These regulations
are extremely burdensome and unnecessary. As found in the previously granted exemptions (e.g., Exemption #
19037B), an equivalent level of safety of the regulations can be achieved by requiring a remote pilot certificate,
operations to be done in accord with Part 91 & 137, an agricultural aircraft operations certification be obtained
prior to operations, and the proposed restrictions in this exemption.
14 C.F.R. § 137.19(d) Aircraft and 137.31(a) Aircraft requirements.
Section 137.19 paragraph (d) says, “The applicant must have at least one certificated and airworthy aircraft,
equipped for agricultural operation.” The proposed unmanned aircraft does not have any aircraft certification
and it would be extremely burdensome to obtain certification for the aircraft. If 137.19(d) is exempted, it follows
that 137.31(a) must logically be exempted since it requires meeting the requirements in 137.19(d).
An equivalent level of safety can be achieved by operating according to the proposed restrictions which were
already approved in FAA in Exemption #19037B as providing an equivalent level of safety of 137.19(d). The
requirements contained in the manuals, the requirement in Part 91 for the pilot to conduct pre-flight
inspections of the aircraft, and the requirement of the agricultural aircraft operator certificate be obtained prior
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to flight will be in total sufficient for determining the airworthiness of the aircraft which provides an equivalent
level of safety as the regulations for agricultural aircraft operations. Furthermore, because these UA are very
limited in size and will carry a small chemical payload and operate only in restricted areas for limited periods of
time, the risk to the public is lower. Moreover, the Petitioner is the one best suited to maintain the aircraft in an
airworthy condition to provide the equivalent level of safety as the regulations.
14 C.F.R. § 137.19(e)(2)(ii)—(v) Skills Test.
Section 137.19 paragraphs (e)(2)(ii)-(v) are unnecessary and not applicable for the unmanned aircraft. As the
FAA stated in Exemption 17261, “the FAA has determined that demonstration of the skills described in these
paragraphs is not necessary because they are not compatible or applicable to” agricultural aircraft operations
with multi-rotor unmanned aircraft. Furthermore, in Exemption 18009 the FAA stated, “Granting relief from a
demonstration of the skills described in § 137.19(e)(2)(ii), (iii), and (v) does not adversely impact safety because
the operations . . . under this exemption would not include any exercise of those maneuvers.”
An equivalent level of safety can be obtained by requiring the pilot to have a valid remote pilot certificate,
requiring the Petitioner to obtain, prior to operations, an agricultural aircraft operations certificate, and
requiring that operations must be done under the proposed restrictions of this petition.
14 C.F.R. § 137.31 (b) and 137.42 Safety Belts and Shoulder Harnesses.
Section 137.31(b) says that the unmanned aircraft must be “equipped with a suitable and properly installed
shoulder harness for use by each pilot.” Section 137.42 says, “No person may operate an aircraft in operations
required to be conducted under part 137 without a safety belt and shoulder harness properly secured about
that person except that the shoulder harness need not be fastened if that person would be unable to perform
required duties with the shoulder harness fastened.”
This regulation is designed to protect people on board the aircraft. Since there are no people on board, whether
we follow it or not, the impact on safety is the same. However, because the law requires it, we require an
exemption from these regulations. Therefore, an equivalent level of safety can be achieved by flying under the
proposed restrictions herein. Consistent with previous exemptions (e.g. Exemption No. 19037B) from the FAA,
an equivalent level of safety can be achieved operating under the proposed restrictions above.
14 C.F.R. § 137.33 Carrying of Certificate.
Section 137.33 paragraph (a) requires the agricultural aircraft operator certificate be carried on the aircraft.
Additionally, paragraph (b) requires the airworthiness certificates to be available for inspection at the base.
A similar situation was addressed in the FAA legal opinion letter “we find that the intent of these regulations is
met if the pilot of the unmanned aircraft has access to these documents at the control station from which he or
she is operating the aircraft.”
Likewise, the Petitioner proposes to keep the agricultural aircraft operator certificate and registration all at the
ground station. These documents can be available for inspection by the FAA or law enforcement. This all
provides an equivalent level of safety to the regulations.
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Additionally, the Petitioner needs relief from paragraph (b) because the unmanned aircraft does not have
airworthiness certificates and it would be extremely burdensome to acquire an airworthiness certificate in order
to comply with this paragraph of the regulation. An equivalent level of safety can be reached by requiring the
remote pilot to obtain an agricultural aircraft operator certificate prior to operations and conducting pre-flight
inspections.
14 C.F.R. § 137.41(c) Pilot in Command.
Section 137.41 paragraph (c) says, “No person may act as pilot in command of an aircraft unless he holds a pilot
certificate and rating prescribed by §137.19 (b) or (c), as appropriate to the type of operation conducted. In
addition, he must demonstrate to the holder of the Agricultural Aircraft Operator Certificate conducting the
operation that he has met the knowledge and skill requirements of §137.19(e). If the holder of that certificate
has designated a person under §137.19(e) to supervise his agricultural aircraft operations the demonstration
must be made to the person so designated.”
An exemption is needed from this regulation based upon the same reasons listed above for Section 137.19 (c)
and for Section 137.19(e)(2)(ii)-(v). An equivalent level of safety can be provided by the proposed restrictions
listed herein that have already been determined by the FAA in Exemption 19037B to provide an equivalent level
of safety as the regulations. Additionally, all pilots in command will have had to obtain a remote pilot certificate
and will have passed company training.
Reasons Why Granting this Petition Would be in the Public Interest
Advancements in unmanned aircraft technologies have introduced many UAS-based applications which are safer,
more efficient, and more economical than the traditional manned aircraft operations. Traditional agricultural
aircraft operations are conducted with manned aircraft, weighing thousands of pounds, and carrying significant
quantities of fuel. Battery powered, unmanned aircraft, weighing up to 500 pounds, and flying 20 feet off the
ground present a far reduced fire hazard and much less impact energy in the event of an incident or accident,
when compared to manned agricultural aircraft operations.
Applications by manned aircraft for agriculture carry significant risks of fatality. This was such a concern that in
2014 the National Transportation and Safety Board commissioned a report to understand root causes. The
enhanced safety achieved using an unmanned aircraft with the specifications described in this petition, as
opposed to the much larger, manned aircraft carrying fuel and crew or passengers, is safer and exposes workers
and other people on the ground to significantly less risk. The Operator can make applications at a lower cost and
better timing.
Manned airplanes and helicopters produce significant noise pollution that disrupts the public’s ability to enjoy
both private and public property. UAS are much quieter and will not disrupt the public as much as manned
aircraft; thus, the benefit will be recognized as a reduction in noise pollution. Pesticides being sprayed from high
elevations can be picked up by the wind and carried for miles. By flying at a lower altitude (6-12 m), and by never
leaving the customer’s sight, there is a significantly reduced chance of pesticides (“driftable fines”) being
accidentally sprayed in the wrong area. With manned aircraft and helicopters, this can happen in several ways:
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Pilot error or map misinterpretation enroute to the site, pesticides being picked up by the wind and blown onto
neighboring property affecting commercial cropland and residential areas, and equipment malfunction.
Operations under this petition will be conducted in a sterilized operating area, only accessible to the PIC, VO, and
crew. Additionally, the PIC, VO, and crew will be remotely located from the aircraft and will stay outside the
designated safe zone while operating. These safety measures aim to eliminate risk to personnel by ensuring no
one is ever close enough to the UAS so that it would pose a hazard.
Federal Register Summary
As required by 14 C.F.R. Part 11, below is a summary of the petition to be published in the Federal Register
should it be determined that publishing is needed.
Petitioner seeks an exemption from the following rules in Title 14 of the Code of Federal Regulations:
61.3 (a)(1)(i), 61.3(c)(1), 61.23(a)(2), 91.7(a), 91.119(c), 91.121, 91.151(b), 91.209(a)(1), 91.403(b),
91.405(a), 91.407(a)(1), 91.409(a)(1), 91.409(a)(2), 91.417(a) 91.417(b), 137.19(c), 137.19(d),
137.19(e)(2)(ii), 137.19(e)(2)(iii), 137.19(e)(2)(v), 137.31(a), 137.31(b), 137.33(a), 137.33(b),
137.41(c), 137.42.
The petitioner requests an exemption for the purpose of operating Unmanned Aircraft Systems (UAS)
weighing 55 pounds or more, to provide commercial agricultural-related services in the United States.
Conclusion
The operation of Pressure Doctor DBA Midwest Aerial Applicators using the unmanned aircraft for agricultural
aircraft operations, conducted under the proposed restrictions outlined above, will provide an equivalent level of
safety therefore, this petition should be granted without delay. If you need additional information to support
the petition, please do not hesitate to contact me at my email regulations@agrispraydrones.com
Respectfully submitted,
Taylor Moreland
Owner
Agri Spray Drones, LLC.
13620 Old Hwy 40
Boonville, MO 65244
regulations@agrispraydrones.com
CC: Jordan Hite

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Agri Spray Drones, LLC
13620 Old Hwy 40
Boonville, MO 65233
573-226-4813
regulations@agrispraydrones.com
06/28/2024
U. S. Department of Transportation
Docket Operations
West Building Ground Floor, Room W12-140
1200 New Jersey Ave., SE
Washington, DC 20590
Re: Petition for Exemption under 14 C.F.R. Part 11 of the Federal Aviation Regulations from 14 CFR parts
61.3(a)(1)(i); 61.3(c)(1); 61.23(a)(2); 91.7(a); 91.119(c); 91.121; 91.151(b); 91.209(a)(1); 91.403(b); 91.405(a);
91.407(a)(1); 91. 409(a)(1); 91.409(a)(2); 91.417(a); 91.417(b); 137.19(c); 137.19(d); 137.19(e)(2)(ii);
137.19(e)(2) (iii); 137.19(e)(2)(v); 137.31(a); 137.31(b); 137.33(a); 137.33(b); 137.41(c), and 137.42 and Title 49
U.S.C. § 44807 to Authorize Commercial Agricultural Services with a UAS weighing more than 55 pounds.
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Table of Contents
Petitioners Address 3
Petition for Exemption 3
Petition for Exemption Relief Sought 3
Rational for Relief 4
The FAA’s Previous Decision 4
Reasons why the petitioner is seeking relief from the regulations and why the exemptions would provide an
equivalent level of safety 13
1. 49 U.S.C. § 44807 13
2. 49 U.S.C. § 44701 13
3. 14 C.F.R. Part 61: Pilot Certification 13
4. 14 C.F.R. Part 91: Aircraft System 13
5. 14 C.F.R. Part 137: Certification Requirements 15
Reasons Why Granting this Petition Would be in the Public Interest 17
Federal Registry Summary 17
Conclusion 17
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Petitioners Address
The name and address of the Petitioner is:
S.S. Cattle Company LLLP
3315 Schwenkfelder Rd
Cambridge, Idaho 83610
The primary contact for this petition, with a copy to myself at the address above is:
Royce Schwenkfelder
In support of this Petition for Exemption, S.S. Cattle Company LLLP will create and have available for
inspection the following associated UAS operating documents:
• General Operations Manual (GOM), to include a Safety Management system and Aircrew
Training Program
• UAS Maintenance procedures for the aircraft they operate.
In this Summary Grant Petition for an exemption, S.S. Cattle Company LLLP is hereinafter referred to as “the
Operator”, “the Exemption Holder”, or “the Petitioner/’s”.
Petition for Exemption
S.S. Cattle Company LLLP petitions for exemption from the listed Federal Aviation Regulations to conduct
agricultural aircraft operations as defined in 14 CFR part 137. Title 49 U.S.C. § 44807, and 14 C.F.R. Part 11 to
authorize commercial agricultural related services with UAS aircraft weighing 55 pounds or more from the
approved aircraft list. The Petitioner will operate under the restrictions listed in Exemption #22003 or as ruled.
Petition for Exemption Relief Sought
The Petitioner requests exemption under Part 11 of the Federal Aviation Regulations from:
14 C.F.R. § 61.3 (a)(1)(i) Requirement for certificates, ratings, and authorizations.
14 C.F.R. § 61.3 (c)(1) Medical certificate
14 C.F.R. § 61.23 (a)(2) Second class medical certificate
14 C.F.R. § 91.7(a) Civil aircraft airworthiness.
14 C.F.R. § 91.119(c) Minimum safe altitudes: General.
14 C.F.R. § 91.121 Altimeter settings.
14 C.F.R. § 91.151(b) Fuel requirements for flight in VFR conditions.
14 C.F.R. § 91.209(a)(1) Aircraft lights
14 C.F.R. § 91.403(b) Maintenance, preventative maintenance, or alterations to an aircraft
14 C.F.R. § 91.405(a) Maintenance required.
14 C.F.R. § 91.407(a)(1) Operation after maintenance, preventive maintenance, rebuilding, and
inspections.
14 C.F.R. § 91.409(a)(1) and (2) Inspections.
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14 C.F.R. § 91.417(a) and (b) Maintenance records.
14 C.F.R. § 137.19 (c), (d) and (e)(2)(ii)(iii) and (v) Agricultural aircraft operator certification
requirements.
14 C.F.R. § 137.31(a) and(b) Aircraft requirements.
14 C.F.R. § 137.33(a) and (b) Carrying of certificate.
14 C.F.R. § 137.41(c) Personnel, Pilot in command.
14 C.F.R. § 137.42 Fastening of safety belts and shoulder harnesses.
All of Title 14, Code of Federal Regulations (14 CFR) to the extent necessary to allow the operator to provide
commercial agricultural-related services with a UAS on the List of Approved Agricultural UAS under Section 44807.
The list, which will be updated periodically, is posted at www.regulations.gov, under docket number FAA-2023-
1271.
Rational for Relief
The FAA has seen a significant increase in agricultural aircraft operator certificate applicants seeking to use UAS
in agricultural aircraft operations under 14 CFR Part 137 and has approved hundreds of these requests with few
incidents. Therefore, the FAA is shifting to a risk-based approach to streamline the certification process for
certain lower-risk operators and explains the relevant changes to conditions and limitations in this document in
the analysis that follows. These include the following changes:
1. The Part 137 certification process;
2. The documentation requirements;
3. The approved aircraft; and
4. Updates to reflect FAA policy.
The FAA’s Decision
The Petitioner agrees that the following limitations provide an equivalent level of safety, if not greater, as the
FAR’s presently impose upon the Petitioner. The guidelines below were already previously granted in Exemption
No. 22003.
The FAA has determined that the justification for the issuance of an Exemption remains valid with respect to this
exemption and is in the public interest. Therefore, under the authority provided by 49 U.S.C. §§ 106(f), 40113,
44701, and 44807, we request you grant the petitioner an exemption from 14 CFR §§ 61.3(a)(1)(i), 61.3(c)(1),
61.23(a)(2), (91.7(a), 91.119(c), 91.121, 91.151(b), 91.209(a)(1), 91.403(b), 91.405(a), 91.407(a)(1), 91.409(a)(1),
91.409(a)(2), 91.417(a), 91.417(b), 137.19(c), 137.19(d), E 137.19(e)(2)(ii), 137.19(e)(2)(iii), 137.19(e)(2)(v),
137.31(a), 137.31(b),137.33(a), 137.33(b), 137.41(c), and 137.42 to the extent necessary to allow the petitioner
to operate any UAS found on the List of Approved Agricultural UAS under Section 44807 for the provision of
commercial agricultural-related services, subject to the following conditions and limitations. Conditions and
Limitations In this grant of exemption, the petitioner is hereinafter referred to as “the Operator” or “Exemption
Holder.”
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1. This exemption is non-transferrable. Only the approved petitioner, may conduct operations in
accordance with this exemption.
2. The Operator must obtain an agricultural aircraft operator certificate under Part 137 by submitting FAA
Form 8710-3 (copy enclosed) and the Operator’s exemption number to UAS137Certificates@faa.gov.
Please note, the name of person or entity on the 8710-3 application must match the Exemption Holder’s
name.
3. Prior to operations under 14 CFR Part 137, the Operator may conduct training flights, proficiency flights,
experience-building flights, and maintenance functional test flights under this exemption with the
understanding that the Operator is conducting these flights for the purpose of obtaining a Part 137
agricultural aircraft operator certificate.
4. Operations authorized by this grant of exemption include any unmanned aircraft system (UAS), along
with the approved maximum take-off weight (MTOW) weight, which includes payload, for the respective
UAS identified on the List of Approved Agricultural UAS under Section 44807 at regulatory docket FAA-
2023-1271 at www.regulations.gov, when weighing 55 pounds (lbs.) or greater including payload.
Proposed operations of any aircraft not on the list, or at different weights than currently approved, will
require a new petition or a petition to amend this exemption.
5. This exemption does not excuse the Operator from complying with 14 CFR Part 375. If operations under
this exemption involve the use of foreign civil aircraft, the Operator must obtain a Foreign Aircraft
Permit pursuant to 14 CFR § 375.41 before conducting any operations under this exemption. Application
instructions are specified in 14 CFR § 375.43.
6. The unmanned aircraft (UA) may not be operated at a groundspeed exceeding 30 miles per hour or at a
speed greater than the maximum operating speed recommended by the aircraft manufacturer,
whichever is lower.
7. All operations must be conducted in accordance with an Air Traffic Organization (ATO) issued Certificate
of Waiver or Authorization (COA). A copy of the blanket 49 U.S.C. § 44807 COA is enclosed with this
exemption. The Exemption Holder must apply for a new or amended COA if it intends to conduct
operations that cannot be conducted under the terms of the enclosed COA. If a conflict exists between
the COA and this condition, the more restrictive provision will apply. The COA will also require the
Operator to request a Notice to Air Missions (NOTAM) not more than 72 hours in advance, but not less
than 24 hours prior to each operation. Unless the COA or other subsequently issued FAA authorization
specifies an altitude restriction lower than 200 feet above ground level (AGL), operations under this
exemption may not exceed 200 feet AGL. Altitude must be reported in feet AGL.
8. The pilot In command (PIC) must be designated before the flight and cannot transfer their designation
for the duration of the flight. In all situations, the Operator and the PIC are responsible for the safety of
the operation. The Operator must ensure the PIC follows all applicable conditions and limitations as
prescribed in this exemption and ATO-issued COA and operating in accordance with the operating
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documents as defined in the conditions and limitations in this exemption. The UA must be operated
within visual line of sight (VLOS) of the PIC at all times. If the PIC is unable to maintain VLOS with the UA
during flight, (including if caused by the inadvertent loss of night vision) the entire flight operation must
be terminated as soon as practicable. The PIC must 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.
9. The PIC may manipulate flight controls in the operation of no more than three UA at the same time.
Proposed operation of more than three UA at the same time (by one PIC) requires a new petition or a
petition to amend this exemption.
10. Unless otherwise authorized by the Administrator, the Ground Control Station (GCS) and software must
be designed for, and compatible with, the UAS to be operated. The GCS must clearly display and identify
each UAS being operated by the PIC.
11. Operations of multiple UAS by a single PIC must be automated and have a back-up remote control for
each UAS being operated. The autopilot system must maintain UAS separation without input from the
PIC.
12. All operations may optionally utilize the services of at least one or more visual observers (VO). If utilized,
the VO must be trained in accordance with the Operator’s training program. For purposes of this
condition, a VO is someone:
(1) who maintains effective communication with the PIC at all times;
(2) who the PIC ensures is able to see the UA with human vision as described in Condition and
Limitation No. 8; and
(3) coordinates with the PIC to scan the airspace where the UA is operating for any potential
collision hazard and maintain awareness of the position of the UA through direct visual observation.
The UA must be operated within VLOS of both the PIC and VO (if used) at all times. The VO (if used)
must have no collateral duties and is not the PIC during the flight. The VO may be used to satisfy the
VLOS requirement as long as the PIC always maintains VLOS capability. The VO (if used) and PIC must be
able to communicate verbally at all times; electronic messaging or texting is not permitted during flight
operations. The VO (if used) must maintain visual sight of the aircraft at all times during flight operations
without distraction. The PIC must ensure that the VO can perform the duties required of the VO. If
either the PIC or a VO (if used) is unable to maintain VLOS with the UA during flight, (including if caused
by the inadvertent loss of night vision) the entire flight operation must be terminated as soon as
practicable.
13. If a VO is not utilized, the PIC must maintain VLOS with the UA during the entire flight operation.
Additional support personnel may be used to conduct UA inspections, and servicing, such as changing
batteries and refilling or exchanging hoppers. Additional support personnel are not considered to be
performing the function of a VO; however, their use is encouraged to ensure the PIC is not distracted
with non-essential duties during flight.
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14. 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. At a minimum, the operating documents must include:
a. The Operator’s operations manual;
b. The Operator’s training program;
c. The manufacturer’s provided flight manual;
d. All other manufacturer UAS provided documents;
e. This exemption; and f. Any ATO-issued COA that applies to operations under this exemption.
These operating documents must be accessible during all UAS operations that occur under this
exemption and made available to the Administrator or any law enforcement official upon request. If a
discrepancy exists between the conditions and limitations in this exemption and the procedures
outlined in the operating documents, the conditions and limitations herein take precedence and must
be followed. Otherwise, the Operator must follow the procedures as outlined in its operating
documents.
15. The Operator must have and keep current a comprehensive operations Manual that is tailored for their
proposed operation and contain, at a minimum:
a. Operations policies, methods, and procedures that address Safety Risk Management (SRM);
b. Adverse weather;
c. Flight planning;
d. NOTAM;
e. Aircraft inspection;
f. Preflight duties and post-flight duties;
g. Normal and emergency flight procedures;
h. Crew Resource Management (CRM) and communications,
i. Crewmember responsibilities;
j. Accident reporting;
k. Hazardous material (HAZMAT) handling and stowage;
l. UAS maintenance;
m. Operation at Night (if operating at night);
n. Multi-UAS Operation (if operating multi-UAS);
o. Multi-UAS Operation at Night (if operating multi-UAS at Night); and
p. Operation without a VO (if operating without a VO).
16. The Operator must have and keep current a comprehensive crewmember training program that is
tailored for their proposed operation and contain, at a minimum:
a. Knowledge requirements of 14 CFR § 137.19(e)(1),
b. Initial and recurrent training;
c. Testing;
d. Completion standards;
e. Ground training;
f. Site surveying;
g. Flight training;
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h. Normal and emergency procedures;
i. UAS operating limitations;
j. Lost-link procedures;
k. Multi-UAS;
l. Any ATO-issued COA that applies to operations under this exemption;
m. HAZMAT handling and stowage;
n. Operation at Night (if operating at night), the Training Program must include:
o Elements to ensure crewmembers are personally prepared for night operation, with a focus on
eyesight preparation and fatigue;
o Emphasis on the preparation of the ground station and landing location, ensuring it is as well-
lit as possible, without hindering the PIC’s night vision; and
o Satisfactory functional checks of the aircraft lights.
o. Multi-UAS Operation (if operating Multi-UAS), the Training Program must include:
o Satisfactory pre-flight inspection of the GCS and operating area to ensure that three UAS can
operate and land safely.
p. Multi-UAS Operation at Night (if operating multi-UAS at night), the Training Program must include:
o Satisfactory pre-flight inspection of the GCS and operating area to ensure that three UAS can
operate and land safely; and
o Satisfactory pre-flight checks to ensure the aircraft identification lights distinguish each UAS
individually.
q. Operation without a VO (if operating without a VO), the Training Program must include: o All roles
and responsibilities of the VO to be assumed and conducted by the PIC.
17. Any aircraft 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 (if used) and other personnel required to conduct the functional flight test
(such as a mechanic or technician) 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.
18. The Operator is responsible for maintaining and inspecting all aircraft to be used in the operation and
ensuring that they are all in a condition for safe operation.
19. Prior to each flight, the PIC must conduct a pre-flight inspection and determine the aircraft is in a condition
for safe flight. The pre-flight inspection must account for all potential discrepancies, such as 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
aircraft is found to be in a condition for safe flight.
20. The Operator must follow the UAS manufacturer’s operating limitations, maintenance instructions, service
bulletins, overhaul, replacement, inspection, and life-limit requirements for the UAS and UAS components. Each
UAS operated under this exemption must comply with all manufacturers’ safety bulletins. Maintenance must be
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performed by individuals who have been trained by the Operator in proper techniques and procedures for these
UAS. All maintenance must be recorded in the UAS records including a brief description of the work performed,
date of completion, and the name of the person performing the work.
21. A PIC must hold a current remote pilot certificate with a small UAS rating issued under Part 107. The PIC
must meet the requirements of Section 107.65, Aeronautical knowledge recency. 22. For night operations, the
PIC must not have any night operating limitations on their FAA issued airman medical certificate, nor any
medical condition which interferes with night vision and must be able to perceive those colors necessary to
correctly distinguish the UA’s position and orientation at night.
23. The PIC must also hold at least a current FAA third-class airman medical certificate. The PIC may not conduct
the operation if the PIC knows or has reason to know of any medical condition that would make the PIC unable
to meet the requirements for at least a third class medical airman medical certificate or is taking medication or
receiving treatment for a medical condition that results in the PIC being unable to meet the requirements for at
least a third-class medical certificate. A VO (if used) or any other direct participant may not participate in the
operation if they know or have reason to know of any physical or mental condition that would interfere with the
safe operation of the UAS.
24. The PIC must satisfactorily complete the Operator’s training program requirements, as described in the
training manual; and satisfactorily complete the applicable knowledge and skills requirements for agricultural
aircraft operations outlined in Part 137, with the exception of Sections 137.19(e)(2)(ii), 137.19(e)(2)(iii), and
137.19(e)(2)(v), which are not required for the purposes of meeting this condition. The operator or chief
supervisor’s knowledge and skill tests of 14 CFR § 137.19(e) may be self-administered. Documentation of
satisfactory completion of both the training program and the knowledge and skill tests of Section 137.19(e) must
include the date of the test, as well as the PIC’s name, FAA pilot certificate number, and legal signature. This
documentation must be provided to the FAA upon request.
25. PIC qualification flight hours and currency may be logged in a manner consistent with 14 CFR § 61.51(b).
However, time logged for UAS operations may not be recorded in the same columns or categories as time
accrued during manned flight, and UAS flight time does not count toward total flight time required for any Part
61 requirement.
26. When operating without a VO, the PIC will remain at the ground station at all times while any UAS is in the
air. The PIC will not leave the ground station to load or service a UAS on the ground while any UAS is in the air.
When operating without a VO, the PIC must land all three UAS before proceeding to load or service.
27. All training operations must be conducted during dedicated training sessions in accordance with the
Operator’s training program. The Operator may conduct training operations only for the Operator’s employees.
Furthermore, the PIC must operate the UA not closer than 500 feet to any nonparticipating person while
conducting training operations. Training, individually and combined, is required for night, multiple UAS by a
single PIC, and operations without a VO.
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28. The VO (if used) must not have any medical condition which interferes with night vision and must be able to
perceive those colors necessary to correctly distinguish the UA’s position and orientation at night.
29. For night operations, the VO (if used) must have completed the night training portion of the Operator’s
training program requirements, the completion of which must be documented.
30. UAS operations may be conducted during night, as defined in 14 CFR § 1.1. All operations must be conducted
under visual meteorological conditions (VMC). Operations may not be conducted under special visual flight rules
(SVFR). Night operations require anti-collision lighting that is visible for 3 statute miles and has a flash rate
sufficient to avoid a collision as is consistent with 14 CFR § 107.29(b). The aircraft must also be equipped with
continuously illuminated identification lighting. a. For multi-UAS operation at night, the UAS must incorporate
position lights configured to match each UAS’s color displayed in the ground station software.
31. For night operations, the area of operation must be sufficiently illuminated to allow both the remote PIC and
VO (if used) to identify people or obstacles on the ground, or the PIC must have inspected the operating area in
person during daylight hours in order to assess all potential hazards and develop a plan to avoid these hazards.
32. For night operations, the PIC must verify all aircraft lights are fully functional prior to each operation. Should
the lighting system become inoperative, the night operation must cease immediately.
33. 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.
34. For UAS operations where a global navigation satellite system (GNSS) signal is necessary to safely operate
the aircraft, the PIC must immediately recover or land the UA upon loss of GNSS signal.
35. An individual system failure must not interfere with the operation of other UAS or cause incidents, accidents,
or loss of control involving UAS that are the subject of this exemption.
36. If the PIC loses command or control link, the UA must follow a pre-determined route to either reestablish
link or immediately recover or land.
37. The UAS must be equipped with a flight termination system. Prior to operations subject to this exemption,
the flight termination system must be tested and verified to operate as described in the operating documents.
38. The PIC must abort the flight operation if unexpected circumstances or emergencies arise that could degrade
the safety of persons or property. The PIC must terminate flight operations without causing undue hazard to
persons or property in the air or on the surface.
39. The PIC is prohibited from beginning a flight unless (considering wind and forecast weather conditions) there
is enough available power for each aircraft involved in the operation to conduct the intended operation with
sufficient reserve such that in the event of an emergency, the PIC can land the aircraft in a known area without
posing an undue risk to aircraft or people and property on the surface. In the alternative, if the manufacturer’s
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manual, specifications, or other documents that apply to the operation of the UAS recommend a specific volume
of reserve power, the PIC must adhere to the manufacturer’s recommendation, as long as it allows the aircraft
to conduct the operation with sufficient reserve and maintain power to land the aircraft in a known area
without presenting undue risks, should an emergency arise.
40. Documents used by the Operator to ensure the safe operation and flight of the UAS and any documents
required under 14 CFR §§ 91.9, 91.203, and 137.33 must be available to the PIC at the GCS of the UAS any time
any UA operates in accordance with this exemption. These documents must be made available to the
Administrator or any law enforcement official upon request.
41. The UA must remain clear and give way to all manned aviation operations and activities at all times.
42. The UAS may not be operated by the PIC from any moving device or vehicle.
43. All flight operations must be conducted at least 500 feet from all persons who are not directly participating
in the operation, and from vessels, vehicles, and structures, unless when operating:
a. Over or near people directly participating in the operation of the UAS. No person may operate the
UAS directly over a human being unless that human being is directly participating in the operation of the
UAS, to include the PIC, VO (if used) and other personnel who are directly participating in the safe
operation of the UA.
b. Near nonparticipating persons. Except as provided in subsection (a) of this section, a UA may only be
operated closer than 500 feet to a person when barriers or structures are present that sufficiently
protect that person from the UA and/or debris or hazardous materials such as fuel or chemicals in the
event of an accident. Under these conditions, the Operator must ensure that the person remains under
such protection for the duration of the operation. If a situation arises, in which the person leaves such
protection and is within 500 feet of the UA, flight operations must cease immediately in a manner that
does not cause undue hazard to persons.
c. Closer than 500 feet to vessels, vehicles and structures. The UA may be operated closer than 500 feet,
but not less than 100 feet, from vessels, vehicles, and structures under the following conditions:
(1) The UAS is equipped with an active geo-fence boundary, set no closer than 100 feet to
applicable waterways, roadways, or structures;
(2) The PIC must have a minimum of 7 hours’ experience operating the specific make and
model UAS authorized under this exemption, at least 3 hours of which must be acquired
within the preceding 12 calendar months;
(3) The PIC must have a minimum of 25 hours’ experience as a PIC in dispensing agricultural
materials or chemicals from a UA;
(4) The UA may not be operated at a groundspeed exceeding 15 miles per hour;
(5) The UA altitude may not exceed 20 feet AGL; and
(6) The PIC must make a safety assessment of the risk of operating closer than 500 feet
from those objects and determine that it does not present an undue hazard.
d. Closer than 100 feet from vessels, vehicles and structures. The UA may operate closer than 100 feet
from vessels, vehicles, and structures in accordance with the conditions listed in 43.c. (2) through (6)
and the following additional conditions:
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(1) The UAS is equipped with an active geo-fence boundary, set to avoid the
applicable waterways, roadways, or structures; and
(2) The Operator must obtain permission from a person with the legal authority
over any vessels, vehicles or structures prior to conducting operations closer
than 100 feet from those objects.
44. The PIC or a VO must be able to determine the aircraft’s altitude, attitude, and direction of flight at all times
at the GCS or have an attitude threshold limit alert that must be operable prior to night flight operations.
45. All operations shall be conducted from and over predetermined, uninhabited, segregated, private or
controlled-access property as described in the Operator’s Flight Operations Procedures Manual. The PIC must
ensure the entire operational area will be controlled38 to reduce risk to persons and property on the ground, as
well as other users of the National Airspace System (NAS). This area of operation will include a defined lateral
and vertical area where the aircraft will operate and must be geo-fenced to prevent any lateral and vertical
excursions by the operating aircraft. Safety procedures must be established for persons, property and applicable
airspace within the area of operation. A briefing must be conducted regarding the planned UAS operations prior
to operation at each location of operation in which the Operator has not previously conducted agricultural
aircraft operations. All personnel who will be performing duties within the boundaries of the area of operation
must be present for this briefing. Additionally, all operations conducted under this exemption may only occur in
areas of operation that have been physically examined by the Operator prior to conducting agricultural aircraft
operations and in accordance with the associated COA.
46. 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 within 24 hours as required by the
applicable COA issued by the FAA ATO. Additionally, any incident or accident that occurs, or any flight operation
that transgresses the lateral or vertical boundaries of the operational work area, must be reported to 137 UAS
Operations Office at UAS137Certificates@faa.gov.
Failure to comply with any of the above conditions and limitations may result in the immediate suspension or
rescission of this exemption.
Unless otherwise specified in this grant of exemption, the UAS, PIC, and the Operator must comply with all
applicable parts of 14 CFR including, but not limited to, Parts 45, 47, 91, and 38. In addition, the Operator must
comply with all limitations and provisions of the Operator’s agricultural aircraft operator certificate, which the
Operator must obtain prior to conducting agricultural operations in accordance with 14 CFR § 137.11.
18The Operator will control access to minimize hazards to persons and property in the air and on the ground.
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Reasons why the petitioner is seeking relief from the regulations and why the
exemptions would provide an equivalent level of safety.
49 U.S.C § 44807
The Special Authority for Certain Unmanned Systems (49 U.S.C. § 44807) grants the Secretary of Transportation
the authority to use a risk-based approach to determine whether an airworthiness certificate is required for a
drone to operate safely in the NAS. Under this authority, the Secretary may grant exemptions to the applicable
operating rules, aircraft requirements, and pilot requirements for a specific operation on a case-by-case basis.
The Special Authority for Certain Unmanned Systems (49 U.S.C. § 44807) grants UAS operators safe and legal
entry into the NAS upon consideration of its size, weight, speed, operational capability, proximity to airports and
populated areas, and operation within visual line of sight. The FAA further may find that the UAS does not
require “airworthiness certification under section 44704 of title 49, United States Code.”
49 U.S.C. § 44701
The FAA is further authorized to grant exemptions from its safety regulations and minimum standards under 49
U.S.C. § 44701 (“Section 44701”) “if the Administrator finds the exemption is in the public interest.” Section
44701(f) (authorizing the grant of exemptions from safety regulations and minimum standards under Section
44701(a) and (b) and Sections 44702-44716). Under 49 U.S.C. § 44701(f), the “Administrator may grant an
exemption from a requirement of a regulation prescribed under subsection (a) or (b) of this section or any of
sections 44702-44716 of Title 49 if the Administrator finds the exemption is in the public interest.”
For the reasons addressed herein, this Petition qualifies for expedited approval of Petitioner’s request for
exemption under both 49 U.S.C § 44807 and 49 U.S.C § 44701.
14 C.F.R. § 61.3 (a)(1)(i) Requirement for certificates, ratings, and authorizations.
61.3(a) says, “Required pilot certificate for operating a civil aircraft of the United States. No person may serve as
a required pilot flight crewmember of a civil aircraft of the United States, unless that person:(1) Has in the
person's physical possession or readily accessible in the aircraft when exercising the privileges of that pilot
certificate or authorization— (i) A pilot certificate issued under this part and in accordance with §61.19”
Unfortunately, 61.19 does not list a remote pilot certificate; therefore, to comply with 61.3 it would require the
pilot to obtain a Part 61 pilot certificate which would be burdensome.
Furthermore, this petition should be granted because the FAA in Exemption # 18009 (allowing a remote pilot
certificate for a Part 91 drone spraying operations) stated, “Based on the specific requirements imposed by the
remote pilot in command certificate, the petitioner’s hiring, training and testing protocols, the knowledge and
skill requirements in § 137.19, the remote, controlled locations and extremely low altitude operating
environment, the FAA concludes pilots who hold a remote pilot in command certificate can safely conduct the
proposed operations.” Likewise, the operators training manual, knowledge and skill requirement of 137.19,
extremely low altitude operations, and the use of current remote pilot would provide an equivalent level of
safety as the regulations.
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14 C.F.R. § 91.7(a) Civil aircraft airworthiness.
The operator is requesting relief from this regulation because the proposed unmanned aircraft have not been
issued a standard airworthiness certificate. Section 91.7 paragraph (a) requires the PIC to only operate aircraft in
an airworthy condition.
The FAA does not need to issue an airworthiness certificate for the proposed unmanned aircraft, but the DOT
can under its authority, in Section 44807, determine whether the proposed aircraft need airworthiness
certificates or not.
The FAA has previously granted relief from 91.7(a) for 55 pounds and heavier spraying unmanned aircraft (see
Exemption # 18009) and determined that restrictions like our proposed restrictions provided an equivalent level
of safety as the regulations. The proposed restrictions along with associated manuals that have been
confidentially submitted will provide an equivalent level of safety as the regulations.
14 C.F.R. § 91.119(c) Minimum safe altitudes: General.
91.119(c) says, “An altitude of 500 feet above the surface, except over open water or sparsely populated areas.
In those cases, the aircraft may not be operated closer than 500 feet to any person, vessel, vehicle, or
structure.” This would be burdensome to not allow the operation of the aircraft within 500ft of the crew. An
equivalent level of safety can be provided by requiring the aircraft to maintain a safe distance from people and
property according to proposed restriction 31. Furthermore, proposed restriction 31 has been determined by
the FAA to be safe in Exemption # 19037B for 55 pounds and heavier drone spraying operations. Based upon the
proposed restriction and the submitted supporting documents, an equivalent level of safety can be achieved.
14 C.F.R. § 91.121 Altimeter settings.
Section 91.121 requires each person operating an aircraft without a radio to maintain cruising altitude by
reference to a barometric altimeter that is set “to the elevation of the departure airport or an appropriate
altimeter setting available before departure.”
In Exemption 18009, the FAA determined that because of the limited altitude of the drone spraying operations,
using GPS instead of a barometric altimeter is considered safe. Based upon the proposed restriction and the
submitted supporting documents, an equivalent level of safety can be achieved.
14 C.F.R. § 91.151(b) Fuel requirements for flight in VFR conditions.
91.151(b) says, “No person may begin a flight in a rotorcraft under VFR conditions unless (considering wind and
forecast weather conditions) there is enough fuel to fly to the first point of intended landing and, assuming
normal cruising speed, to fly after that for at least 30 minutes.” It would be burdensome to comply with this
regulation seeing that there are no people onboard, the operational environment, and the small size of the
aircraft. The proposed restriction 27 is identical to the restriction in Exemption 19037B. The FAA previously
determined this to be an equivalent level of safety as 91.151(b).
14 C.F.R. § 91.403(b); § 91.405(a); § 91.407(a)(1); § 91.409(a)(1) and (2); § 91.417(a) and (b) Maintenance
Inspections
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Section 91.403(b) says, “No person may perform maintenance, preventive maintenance, or alterations on an
aircraft other than as prescribed in this subpart and other applicable regulations, including part 43 of this
chapter.” Section 91.405 paragraph (a) requires that an aircraft operator or owner “shall have that aircraft
inspected as prescribed in subpart E of this part and shall between required inspections, except as provided in
paragraph (c) of this section, have discrepancies repaired as prescribed in part 43 of this chapter” and maintain
the aircraft in compliance with Part 43. Section 91.407 paragraph (a)(1) prohibits, in pertinent part, any person
from operating an aircraft that has undergone maintenance, preventive maintenance, rebuilding, or alteration
unless it has been approved for return to service by a person authorized under § 43.7 of the same chapter.
Section 91.409 paragraph (a)(1) requires that the aircraft cannot be operated unless it has had an annual
inspection. Section 91.417 paragraphs (a) and (b) requires the owner/operator to keep a list of records of
inspections required by the other regulations.
These regulations primarily should be viewed as a whole in that they are requiring the owner/operator to
maintain/repair the aircraft having a U.S. airworthiness certificate while maintaining records of this, using Part
43 and certified individuals. While this makes sense for manned aircraft that are certified, it does not always
make sense for unmanned aircraft which do not have airworthiness certificates.
The aircraft manufacturer and operators are best positioned for determining the airworthiness of the aircraft.
The petitioner proposes that the supporting operating documents confidentially submitted and proposed
restrictions will provide an equivalent level of safety as the regulations listed.
Section 91.403 paragraph (b) says, “No person may perform maintenance, preventive maintenance, or
alterations on an aircraft other than as prescribed in this subpart and other applicable regulations, including part
43 of this chapter.” It logically follows that if an exemption from 91.405 (a); 91.407 (a) (1); 91.409 (a)(1);
91.417(a) & (b) is granted, 91.403(b) which references all these regulations, because they are in Subpart E of
Part 91, it must be exempted also; otherwise, 91.403(b) works against the exemption and revives the
restrictions just exempted. The FAA granted an exemption from this regulation in Exemption 19037B.
14 C.F.R. § 137.19(c), 137.41(c) Pilot in Command.
Section 137.19 paragraph (c) says, “Commercial operator—pilots. The applicant must have available the services
of at least one person who holds a current U.S. commercial or airline transport pilot certificate and who is
properly rated for the aircraft to be used. The applicant himself may be the person available.” These regulations
are extremely burdensome and unnecessary. As found in the previously granted exemptions (e.g., Exemption #
19037B), an equivalent level of safety of the regulations can be achieved by requiring a remote pilot certificate,
operations to be done in accord with Part 91 & 137, an agricultural aircraft operations certification be obtained
prior to operations, and the proposed restrictions in this exemption.
14 C.F.R. § 137.19(d) Aircraft and 137.31(a) Aircraft requirements.
Section 137.19 paragraph (d) says, “The applicant must have at least one certificated and airworthy aircraft,
equipped for agricultural operation.” The proposed unmanned aircraft does not have any aircraft certification
and it would be extremely burdensome to obtain certification for the aircraft. If 137.19(d) is exempted, it follows
that 137.31(a) must logically be exempted since it requires meeting the requirements in 137.19(d).
An equivalent level of safety can be achieved by operating according to the proposed restrictions which were
already approved in FAA in Exemption #19037B as providing an equivalent level of safety of 137.19(d). The
requirements contained in the manuals, the requirement in Part 91 for the pilot to conduct pre-flight
inspections of the aircraft, and the requirement of the agricultural aircraft operator certificate be obtained prior
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to flight will be in total sufficient for determining the airworthiness of the aircraft which provides an equivalent
level of safety as the regulations for agricultural aircraft operations. Furthermore, because these UA are very
limited in size and will carry a small chemical payload and operate only in restricted areas for limited periods of
time, the risk to the public is lower. Moreover, the Petitioner is the one best suited to maintain the aircraft in an
airworthy condition to provide the equivalent level of safety as the regulations.
14 C.F.R. § 137.19(e)(2)(ii)—(v) Skills Test.
Section 137.19 paragraphs (e)(2)(ii)-(v) are unnecessary and not applicable for the unmanned aircraft. As the
FAA stated in Exemption 17261, “the FAA has determined that demonstration of the skills described in these
paragraphs is not necessary because they are not compatible or applicable to” agricultural aircraft operations
with multi-rotor unmanned aircraft. Furthermore, in Exemption 18009 the FAA stated, “Granting relief from a
demonstration of the skills described in § 137.19(e)(2)(ii), (iii), and (v) does not adversely impact safety because
the operations . . . under this exemption would not include any exercise of those maneuvers.”
An equivalent level of safety can be obtained by requiring the pilot to have a valid remote pilot certificate,
requiring the Petitioner to obtain, prior to operations, an agricultural aircraft operations certificate, and
requiring that operations must be done under the proposed restrictions of this petition.
14 C.F.R. § 137.31 (b) and 137.42 Safety Belts and Shoulder Harnesses.
Section 137.31(b) says that the unmanned aircraft must be “equipped with a suitable and properly installed
shoulder harness for use by each pilot.” Section 137.42 says, “No person may operate an aircraft in operations
required to be conducted under part 137 without a safety belt and shoulder harness properly secured about
that person except that the shoulder harness need not be fastened if that person would be unable to perform
required duties with the shoulder harness fastened.”
This regulation is designed to protect people on board the aircraft. Since there are no people on board, whether
we follow it or not, the impact on safety is the same. However, because the law requires it, we require an
exemption from these regulations. Therefore, an equivalent level of safety can be achieved by flying under the
proposed restrictions herein. Consistent with previous exemptions (e.g. Exemption No. 19037B) from the FAA,
an equivalent level of safety can be achieved operating under the proposed restrictions above.
14 C.F.R. § 137.33 Carrying of Certificate.
Section 137.33 paragraph (a) requires the agricultural aircraft operator certificate be carried on the aircraft.
Additionally, paragraph (b) requires the airworthiness certificates to be available for inspection at the base.
A similar situation was addressed in the FAA legal opinion letter “we find that the intent of these regulations is
met if the pilot of the unmanned aircraft has access to these documents at the control station from which he or
she is operating the aircraft.”
Likewise, the Petitioner proposes to keep the agricultural aircraft operator certificate and registration all at the
ground station. These documents can be available for inspection by the FAA or law enforcement. This all
provides an equivalent level of safety to the regulations.
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Additionally, the Petitioner needs relief from paragraph (b) because the unmanned aircraft does not have
airworthiness certificates and it would be extremely burdensome to acquire an airworthiness certificate in order
to comply with this paragraph of the regulation. An equivalent level of safety can be reached by requiring the
remote pilot to obtain an agricultural aircraft operator certificate prior to operations and conducting pre-flight
inspections.
14 C.F.R. § 137.41(c) Pilot in Command.
Section 137.41 paragraph (c) says, “No person may act as pilot in command of an aircraft unless he holds a pilot
certificate and rating prescribed by §137.19 (b) or (c), as appropriate to the type of operation conducted. In
addition, he must demonstrate to the holder of the Agricultural Aircraft Operator Certificate conducting the
operation that he has met the knowledge and skill requirements of §137.19(e). If the holder of that certificate
has designated a person under §137.19(e) to supervise his agricultural aircraft operations the demonstration
must be made to the person so designated.”
An exemption is needed from this regulation based upon the same reasons listed above for Section 137.19 (c)
and for Section 137.19(e)(2)(ii)-(v). An equivalent level of safety can be provided by the proposed restrictions
listed herein that have already been determined by the FAA in Exemption 19037B to provide an equivalent level
of safety as the regulations. Additionally, all pilots in command will have had to obtain a remote pilot certificate
and will have passed company training.
Reasons Why Granting this Petition Would be in the Public Interest
Advancements in unmanned aircraft technologies have introduced many UAS-based applications which are safer,
more efficient, and more economical than the traditional manned aircraft operations. Traditional agricultural
aircraft operations are conducted with manned aircraft, weighing thousands of pounds, and carrying significant
quantities of fuel. Battery powered, unmanned aircraft, weighing up to 500 pounds, and flying 20 feet off the
ground present a far reduced fire hazard and much less impact energy in the event of an incident or accident,
when compared to manned agricultural aircraft operations.
Applications by manned aircraft for agriculture carry significant risks of fatality. This was such a concern that in
2014 the National Transportation and Safety Board commissioned a report to understand root causes. The
enhanced safety achieved using an unmanned aircraft with the specifications described in this petition, as
opposed to the much larger, manned aircraft carrying fuel and crew or passengers, is safer and exposes workers
and other people on the ground to significantly less risk. The Operator can make applications at a lower cost and
better timing.
Manned airplanes and helicopters produce significant noise pollution that disrupts the public’s ability to enjoy
both private and public property. UAS are much quieter and will not disrupt the public as much as manned
aircraft; thus, the benefit will be recognized as a reduction in noise pollution. Pesticides being sprayed from high
elevations can be picked up by the wind and carried for miles. By flying at a lower altitude (6-12 m), and by never
leaving the customer’s sight, there is a significantly reduced chance of pesticides (“driftable fines”) being
accidentally sprayed in the wrong area. With manned aircraft and helicopters, this can happen in several ways:
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Pilot error or map misinterpretation enroute to the site, pesticides being picked up by the wind and blown onto
neighboring property affecting commercial cropland and residential areas, and equipment malfunction.
Operations under this petition will be conducted in a sterilized operating area, only accessible to the PIC, VO, and
crew. Additionally, the PIC, VO, and crew will be remotely located from the aircraft and will stay outside the
designated safe zone while operating. These safety measures aim to eliminate risk to personnel by ensuring no
one is ever close enough to the UAS so that it would pose a hazard.
Federal Register Summary
As required by 14 C.F.R. Part 11, below is a summary of the petition to be published in the Federal Register
should it be determined that publishing is needed.
Petitioner seeks an exemption from the following rules in Title 14 of the Code of Federal Regulations:
61.3 (a)(1)(i), 61.3(c)(1), 61.23(a)(2), 91.7(a), 91.119(c), 91.121, 91.151(b), 91.209(a)(1), 91.403(b),
91.405(a), 91.407(a)(1), 91.409(a)(1), 91.409(a)(2), 91.417(a) 91.417(b), 137.19(c), 137.19(d),
137.19(e)(2)(ii), 137.19(e)(2)(iii), 137.19(e)(2)(v), 137.31(a), 137.31(b), 137.33(a), 137.33(b),
137.41(c), 137.42.
The petitioner requests an exemption for the purpose of operating Unmanned Aircraft Systems (UAS)
weighing 55 pounds or more, to provide commercial agricultural-related services in the United States.
Conclusion
The operation of S.S. Cattle Company LLLP using the unmanned aircraft for agricultural aircraft operations,
conducted under the proposed restrictions outlined above, will provide an equivalent level of safety therefore,
this petition should be granted without delay. If you need additional information to support the petition,
please do not hesitate to contact me at my email regulations@agrispraydrones.com
Respectfully submitted,
Taylor Moreland
Owner
Agri Spray Drones, LLC.
13620 Old Hwy 40
Boonville, MO 65244
regulations@agrispraydrones.com
CC: Royce Schwenkfelder