Sample Exemption Provisions

In the interest of full transparency, I am putting here the typical exemption restrictions for the different types of exemptions.

Sample Restrictions for 55 Pound and Heavier Exemption for Part 137 Spraying Operations

  1. This exemption is non-transferable. Only CLIENT NAME may conduct operations in accordance with this exemption.
  2. CLIENT NAME must obtain an agricultural aircraft operator certificate under 14 CFR Part 137 by submitting FAA Form 8710-3 (copy enclosed) and CLIENT NAME exemption number to [email protected]. 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, consistent with Conditions and Limitations Nos. 28 and 30 below, CLIENT NAME may conduct non-commercial training flights, proficiency flights, experience-building flights, and maintenance functional test flights all limited to employees under this exemption with the understanding that CLIENT NAME is conducting these flights for the purpose of obtaining their 14 CFR 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), which includes payload, for the respective UAS identified on the List of Approved UAS (Agricultural) under Section 44807 at Regulatory Docket No. FAA-2023-1271 at www.regulations.gov, when weighing 55 pounds (lbs.) or greater including payload. Proposed operations of anyaircraft 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 CLIENT NAME from complying with 14 CFR Part 375. If operations under this exemption involve the use of foreign civil aircraft, CLIENT NAME 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 (mph) 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. CLIENT NAME 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 CLIENT NAME 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, CLIENT NAME and the PIC are responsible for the safety of the operation. CLIENT NAME must ensure the PIC follows all applicable conditions and limitations as prescribed in this exemption and ATO-issued COA and operate 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. When operating at night, 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 system capable of operating each UAS independently. 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 CLIENT NAME training program and successful completion of the training program must be recorded. A VO (if used) shall not perform VO duties for more than one PIC at a time. 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) who 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 PIC must ensure that the VO (if used) can perform the duties required of the VO. All UA must be operated within VLOS of both the PIC and VO (if used), at all times. The VO may be used to satisfy the VLOS requirement as long as the VO always maintains VLOS capability of the UA. The VO (if used) must maintain visual sight of all UA at all times during flight operations without distraction, the VO must have no collateral duties, and the VO cannot act as the PIC during the flight. The PIC and VO (if used) must be able to communicate verbally at all times; electronic messaging or texting is not permitted during flight operations. If an operation begins with the use of a VO, then that operation must be completed with the use of that VO (i.e. an operation must not switch from the use of a VO to an operation without the use of a VO mid-operation). 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:
    • CLIENT NAME operations manual;
    • CLIENT NAME training program;
    • The manufacturer’s provided flight manual;
    • All other manufacturer UAS provided documents;
    • This exemption; and
    • 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, CLIENT NAME must follow the procedures as outlined in its operating documents.

  1. CLIENT NAME must have and keep current a comprehensive operations Manual that is tailored for their proposed operation and contain, at a minimum:
    • Operations policies, methods, and procedures that address Safety Risk Management (SRM);
    • Adverse weather;
    • Flight planning;
    • NOTAM;
    • Aircraft inspection;
    • Preflight duties and post-flight duties;
    • Normal and emergency flight procedures;
    • Crew Resource Management (CRM) and communications,
    • Crewmember responsibilities (to include operations with and without a VO);
    • Accident reporting;
    • Hazardous material (HAZMAT) handling and stowage; and
    • UAS maintenance;
    • Operation at Night (if operating at night);
    • Multi-UAS Operation (if operating multi-UAS);
    • Multi-UAS Operation at Night (if operating multi-UAS at Night); and
    • Operation without a VO (if operating without a VO).
  2. CLIENT NAME must have and keep current a comprehensive training program that is tailored for their proposed operation and contain, at a minimum:
    • Knowledge requirements of 14 CFR § 137.19(e)(1),
    • Initial and recurrent training;
    • Testing;
    • Completion standards;
    • Ground training;
    • Site surveying;
    • Flight training;
    • Normal and emergency procedures;
    • UAS operating limitations;
    • Lost-link procedures;
    • Multi-UAS;
    • Any ATO-issued COA that applies to operations under this exemption;
    • HAZMAT handling and stowage;
    • 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.

    • 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.

    • 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.

    • 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.

  1. Any UAS that has undergone maintenance or alterations that affect the UAS operation or flight characteristics (e.g., replacement of a flight-critical component) must undergo a functional test flight prior to conducting further operations under this exemption. Functional test flights may only be conducted by a PIC with a VO (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.
  2. CLIENT NAME 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.
  3. Prior to each flight, the PIC must conduct a pre-flight inspection and determine the UAS is in a condition for safe flight. The pre-flight inspection must account for all potential discrepancies, such as inoperable components, items, or equipment. If the inspection reveals a condition that affects the safe operation of the UAS, the UA is prohibited from operating until the necessary maintenance has been performed, and the UA is found to be in a condition for safe flight.
  4. CLIENT NAME 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 CLIENT NAME 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.
  5. A PIC must hold a remote pilot certificate with a small UAS rating issued under 14 CFR Part 107. The PIC must meet the requirements of 14 CFR § 107.65, Aeronautical knowledge recency.
  6. For all night operations, the PIC must maintain a minimum third-class medical certificate and not have any night operating limitations on their FAA issued airman medical certificate, nor any medical condition that interferes with night vision and must be able to perceive those colors necessary to correctly distinguish the UA’s position and orientation at night.
  1. Except as provided in Condition and Limitation 24, the PIC must 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, or taking any medication or receiving treatment for a medical condition that would make the PIC unable to meet the requirements for at least a third-class medical airman medical certificate if the PIC is exercising the privileges of that airman certificate. A VO (if used) or any other direct participant shall 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.
  2. The PIC may conduct an operation under this exemption during day operations without an FAA-issued airman medical certificate under the following conditions: the UAS must be operated in a highly automated manner in which control of the UA rests solely within the UAS automated software with only minimal manual control input necessary for UA launch and recovery, or abnormal situations. If the PIC is not exercising the privileges of an 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 prevent them from performing operational duties.
  3. The PIC must satisfactorily complete CLIENT NAME 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 14 CFR §§ 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. CLIENT NAME or the 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 14 CFR §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.
  4. 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 14 CFR Part 61 requirement.
  5. When operating without a VO, the PIC will remain at the ground station at all times while any UAS is in flight. The PIC will not leave the ground station to load or service a UAS on the ground while any UAS is in flight. When operating without a VO, the PIC must land all UAS before proceeding to load or service.
  6. All training operations must be conducted during dedicated training sessions in accordance with the CLIENT NAME training program. CLIENT NAME may conduct training operations only for the CLIENT NAME 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.
  7. 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.
  8. For night operations, the VO (if used) must have completed the night training portion of CLIENT NAME training program requirements, the completion of which must be documented. This documentation must be provided to the FAA upon request.
  9. 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 (sm) 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.
    • For multi-UAS operation at night, the UAS must incorporate unique identification lights configured to match each UAS’s color displayed in the ground station software.
  1. 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.
  2. 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.
  3. 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.
  4. 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.
  5. 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.
  6. If the PIC loses command or control link (C2), the UA must follow a pre-determined route to either reestablish link or immediately recover or land.
  7. The UAS must be equipped with a flight termination system (FTS). Prior to operations subject to this exemption, the flight termination system must be tested and verified to operate as described in the operating documents.
  8. 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.
  9. 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 each aircraft in a known area without posing an undue risk to other aircraft or people and property on the surface. If the manufacturer’s 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.
  10. Documents used by CLIENT NAME 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.
  11. The UA must remain clear and give way to all manned aviation operations and activities at all times.
  12. The UAS may not be operated by the PIC from any moving device, vessel, or vehicle.
  13. 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:
    • 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.
    • 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, CLIENT NAME 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.
    • 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:
      • The UAS is equipped with an active geo-fence boundary, set no closer than 100 feet to applicable waterways, roadways, or structures;
      • 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;
      • The PIC must have a minimum of 25 hours’ experience as a PIC in dispensing agricultural materials or chemicals from a UA
      • The UA may not be operated at a groundspeed exceeding 15 miles per hour
      • The UA altitude may not exceed 20 feet AGL; and
      • 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.
    • 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 Condition and Limitations No. 44(c)(ii) through (vi) and the following additional conditions:
      • The UAS is equipped with an active geo-fence boundary, set to avoid the applicable waterways, roadways, or structures; and
      • CLIENT NAME 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
  14. The PIC or a VO (if used) 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.
  15. All operations shall be conducted from and over predetermined, uninhabited, segregated, private or controlled-access property as described in CLIENT NAME Flight Operations Procedures Manual. The PIC must ensure the entire operational area will be controlled19 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 UA will operate and must be geo-fenced to prevent any lateral and vertical excursions by the operating UA. 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 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 CLIENT NAME prior to conducting agricultural aircraft operations and in accordance with the associated COA.
  16. 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 [email protected].

Sample 137 Exemption Provisions for Under 55 Pound Operations

  1. The Operator must obtain an agricultural aircraft operator certificate under 14 CFR Part 137 by submitting FAA Form 8710-3 and the Operator’s exemption number to [email protected].
  2. Prior to the Operator obtaining an agricultural aircraft operator certificate under 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 and in conjunction with obtaining a Part 137 agricultural aircraft operator certificate
  3. Operations authorized by this grant of exemption are limited to any small unmanned aircraft system (UAS) model with a maximum takeoff weight of less than 55 pounds, including everything that is on board or otherwise attached to the aircraft.
  4. This exemption, and all documents needed to operate the small UAS and conduct its operations in accordance with the conditions and limitations stated in this grant of exemption, are hereinafter referred to as the operating documents. The operating documents must include at a minimum:
    • The Operator’s operations manual;
    • The Operator’s training program;
    • The manufacturers provided flight manual;
    • All other manufacturer UAS provided documents;
    • This exemption; and
    • Air Traffic Organization (ATO) issued Certificate of Waiver or Authorization (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.
  1. The Operator must have and keep current a comprehensive Operations Manual that is tailored for their proposed operation and contain, at a minimum:
    • Operations policies, methods, and procedures that address Safety Risk Management (SRM);
    • Adverse weather;
    • Flight planning;
    • Notice to Air Missions (NOTAM);
    • Aircraft inspection;
    • Preflight duties, post-flight duties;
    • Normal and emergency flight procedures;
    • Crew Resource Management (CRM) and communications;
    • Crewmember responsibilities;
    • Accident reporting;
    • Hazardous material (HAZMAT) handling and stowage; and
    • UAS maintenance.
  1. The Operator must have and keep current a comprehensive Training program that is tailored for their proposed operation and contain, at a minimum:
    • Knowledge requirements of Section 137.19(e)(1);
    • Initial training, recurrent training;
    • Testing;
    • Completion standards;
    • Ground training;
    • Site surveying;
    • Flight training;
    • Normal and emergency procedures;
    • UAS operating limitations;
    • Lost-link procedures;
    • This exemption;
    • Any ATO COA that applies to operations under this exemption; and
    • Hazardous material (HAZMAT) handling and stowage.
  1. The remote pilot in command (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; (Sections 137.19(e)(2)(ii), 137.19(e)(2)(iii), and 137.19(e)(2)(v), are not required). The Operator or chief supervisor’s knowledge and skill tests of Section 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 shown to the FAA upon request.
  2. 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.
  3. Any small UAS used by the Operator that has undergone maintenance or alterations that affect the small UAS operation or flight characteristics of the aircraft (including replacement of a flight-critical component, updates to software or firmware of or associated with the system, and any other change that could affect the operation), must undergo a functional test flight prior to conducting further operations under this exemption. Such functional test flights must be conducted in a manner consistent with how the small UAS will be operated under this exemption. Functional test flights may only be conducted by a PIC with the assistance of a Visual Observer (VO) and other personnel necessary to conduct the test flight (such as a mechanic or technician). The test flight must be conducted in such a manner so as to not pose an undue hazard to persons and property. For purposes of this condition and limitation, “assistance of a Visual Observer” means the assistance described in Section 107.33.
  4. The Operator must follow the small UAS manufacturer’s maintenance, overhaul, replacement, inspection, and life-limit requirements for the aircraft and aircraft components. Each small UAS operated under this exemption must comply with all updates to these documents that the manufacturer makes for the purposes of ensuring safety of operations in the small UAS.
  5. For small UAS aerial application operations, conducted under Part 137 where Global Positioning System (GPS) signal is necessary to safely operate the small unmanned aircraft (UA), the PIC must immediately recover or land the small UA upon loss of GPS signal.
  6. If the PIC loses command or control link with the small UA, the small UA must follow a pre-determined route to either reestablish link or immediately recover or land, which must be documented as part of the knowledge and skill assessment that will occur in accordance with Section 137.19(e).
  7. The PIC must abort the flight operation if unexpected circumstances or emergencies arise that could potentially 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 ground.
  8. The relief granted from Section 107.36 is limited to the use of any economic poison as defined in Section 137.3.
  9. The PIC may operate the small UAS from a moving device or vehicle as described in Section 107.25, which permits such operation in sparsely populated areas, provided the small UAS do not transport property for compensation or hire. If conducting agricultural aircraft operations in accordance with Section 107.25, which must be documented as part of the knowledge and skill assessment of Section 137.19 in the type of device or vehicle to be used in agricultural aircraft operations.
  10. This exemption is not valid for operations outside the United States.

 

How Drone Pilots Can Use Regulations.gov

how-to-search-and-use-regulations.gov

Are you interested in learning more about regulations.gov?  The two biggest reasons to use regulations are to search for things like proposed regulations or previously granted exemptions. If you need help with filing a petition for exemption, I heavily focus on doing this for exotic operations such as beyond line of sight drone spraying operations, 55 pound and heavier aerial data collection, 55 pound and heavier exemptions for dealers to demo fly and also teach, etc.  If you need help with this, contact me.

What is Regulations.gov?

There are multiple things on regulations.gov for MANY different federal agencies. There are many entries here that will apply to unmanned aircraft, such as entries from the Federal Aviation Administration, the Department of Transportation, the State Department, the Federal Communications Commission, and the Bureau of Industry and Security.

For the purpose of this article, I’m talking about things regarding the Federal Aviation Administration.

Regulations.gov is a  place drone pilots can go to:

  • File a petition for exemption,
  • Comment on proposed exemptions,
  • Search previously granted or denied exemptions,
  • Search for proposed regulations from the FAA,
  • Make comments on proposed FAA regulations,
  • Read final FAA regulations.

You will NOT find on regulations.gov:

  • Federal public laws
  • State, local, tribal, and local statutes and regulations.
  • Up-to-date final regulations.  You can find in dockets the final result of that rulemaking. If you want to read up-to-date regulations. go to www.ecfr.gov  If you want to be slick, you can save a screenshot or PDF of the page, and it shows the date at the top.regulations.gov date fo currency

Terminology

Everything gets a docket number, and from it, you can figure out a lot of things. For example, docket FAA-2025-0135 means it is associated with the Federal Aviation Administration (FAA), it was filed in 2025, and it was the 135th filing of that year.

The first filing will be 0001 and the second 0002 and so on.  This is the first filing on the docket. FAA-2025-0135-0001

With petitions for exemption and proposed regulations, there are comments. Comments can be filed by anyone to the agency. These comments are public and are associated with the docket.

Searching for FAA’s Proposed Regulations and Rulemakings

Conveniently, you can search for FAA rulemakings by searching here.

https://www.regulations.gov/search/docket?agencyIds=FAA&docketTypes=Rulemaking&sortBy=lastModifiedDate&sortDirection=desc 

A lot of the rulemakings have to do with airspace.

There are also a BUNCH of regulations created for airworthiness directives (ADs).  These are mandatory regulations for a particular make and model of aircraft. The FAA issues TONS of these.

There is a filter on the left side. If you can select what you specifically want to search into.

Once you find a rulemaking, click on it.  Let’s use the remote ID rulemaking as an example.  You’ll then be taken to a page that has a bunch of info on it.

 

remote-id-rulemaking

If you want to be kept up to date on the docket, click the subscribe at the top right. Type in your email. Go to your email and click the confirmation button.

This docket is currently closed for comments. If you could comment, it would say you could comment.  There are 70 documents in this docket. If you want to read them, just click it and go through the entries.

There are 53,000+ comments! If you click the comments section, you can go through and read the comments.  There is also a search feature so you can see who said what.  If you want to see what was submitted by a trade group or organization, you can search by name and see what they said.

Making a Comment on a Rulemaking

You can comment on some of the rulemaking. Some are closed because they are past the comment close date, or the rulemaking was just issued without any comment because it was an emergency (they don’t have time to read the comments) or it was a clerical switch (change of phone numbers).

If you want to make a comment and it’s open, click the “Open for Comments” button.

It will then open up another section.  It will say when the comment close date is.  Make sure you get your comments in by that deadline.  Click the comment button on the far right.

due-date-comment on rulemaking

 

This is what the comment page looks like.

 

Remember that what you say IS public!  Do not put anything confidential or sensitive in here.

Comment Section -You can free type your comment here.  If you are doing just a quick comment, do this.  If you are making a more substantive comment, my suggestion is to type it out in a document and then upload it as an attachment.  Just say “My comment is attached.”

What is your comment about?  – You might want to be making a comment on the proposed rule or other associated things.  For example, you want to make a comment on the comment made by a drone association on a proposed rulemaking.   Yes, organizations pay attention to what each other say in comments and will trade comments at each out pointing out things.

If you want to receive a receipt that you filed, put your email in and click the box to opt in for a confirmation.

You can file anonymously, as an individual or an organization.

By submitting, you agree to the terms of participation and privacy notice.

Hit submit.

Searching for Exemptions

If you go to the main page, you’ll see a white box where you can search for things.

In the white search box, you can search by:

  • Typing in a docket ID
  • Typing in a tracing ID  (if you hired me to file your petition, I sent this to you).
  • You can search by text. Type in the name of whoever you are searching for. Note that the text searching feature is generally good but I have found that it can miss things at times.

You can also search dockets by clicking the “Dockets” button. Then filter for only FAA. That will show exemptions, rulemakings, etc. by date of activity.  When someone posts something to the docket, that then causes the docket to go to the top.  Here is the link. https://www.regulations.gov/search/docket?agencyIds=FAA&sortBy=lastModifiedDate&sortDirection=desc 

Once you find the docket, make sure you read the different filings in the docket. Most people are searching the docket because they want to get intel on a competitor.

If you do NOT see an approval on regulations.gov, that most likely, and I mean most likely, means they do not have an approval. There are situations where I have had a client obtain approval, but the government worker failed to post it to regulations.gov.  It can happen but it’s less than 1% of the time.

Monitoring Activity on a Docket

If you are wanting to pay attention to what is going on with an exemption or a rulemaking:

  1. Go to the docket.
  2. Click the subscribe button at the top right.
  3. Go to your email and click confirm.

Filing an Exemption

The FAA accepts petitions for exemption at a specific docket.  Here is the docket. https://www.regulations.gov/commenton/FAA-2007-0001-0001

You submit your petition just like you would a comment.

If you are attaching confidential information, I HIGHLY suggest you put into the comment section at the top something like this….”CONFIDENTIAL INFORMATION ATTACHED.”  You should also label the confidential documents with something like “Confidential-operations manual.pdf”   This will help clue the government worker in redacting which files from the record.  It’s best to segregate what can be disclosed and what cannot be and make that clear so the employee does not make a mistake.

At the end, you’ll be given a tracking ID.

Wait a day or so, and then go to the search box. Type in the tracking ID and hit search.

You can find your docket.   Make sure everything was properly redacted.

Drone Sprayers: Laws, Mistakes to Avoid, Money Saving Tips (2025 Update)

drone-spraying

Interested in drone sprayers? This article is written for three groups of people: (1) finding and hiring a drone spraying operator, (2) purchasing and operating drone sprayers themselves privately or commercially, and (3) manufacturers or resellers supporting (1) and (2).

Drones are really just aerial platforms from which to do things. Most people associate drones as data collection platforms where you mount sensors such as cameras, LIDAR, etc., but drones can also be used for the delivery of all sorts of other things besides just drone package delivery or medical delivery. One great example is using the drone as a drone sprayer (a.k.a. flying sprayer). Keep in mind that there are attachments for drones to do things other than just spraying (e.g. drone granule spreader).

In this article, I’ll try to highlight the major points based on my years of experience. I have filed 400+ exemptions for spraying alone. I’m a commercial pilot, current FAA-certified flight instructor, practicing aviation attorney, and former professor at Embry-Riddle Aeronautical University.

I distilled into this article some of the important points that I have used as I have assisted clients in successfully obtaining Federal Aviation Administration approvals to operate their drone sprayers. If you need my help with exemptions, a Part 107 swarm waiver, or going through the 137 agricultural aircraft operator certification, see below and please contact me for pricing.

Note. In late May 2023, the FAA really changed up the process. I document these changes elsewhere in the article. In March 2024, the FAA started allowing swarming, no visual observer, and night operations for 55-pound and heavier operations.  In May 2024, the FAA changed the process again to require more things to be obtained at the front by the applicant in order to obtain a granted exemption.  All of these changes are documented at the bottom of this article.

In December 2024, the FAA granted the first ever exemptions for beyond line of sight and no 3rd class medical certificate (for day ops). If you want one of these, let me know.

Drone Sprayer Benefits

  • You can remove the person from the area being treated. This is a MAJOR benefit. Yes, the crew has to be around the drone while it’s being loaded but that is so trivial compared to spraying some heavily vegetated area where everyone is definitely going to get covered while tripping and falling on all sorts of stuff.
  • One trip. Some operations can benefit from the small size of the drone which can be stored in the back of a truck. Instead of driving out to identify what is going on and then going back and picking up some more equipment (argo, ground rig, etc.) you can just spot-spray those areas. Yes, a backpack sprayer can do that but how good is that backpack sprayer for the swamp, water, rocky uneven areas, etc.? Plus, a drone sprayer can spray those areas faster than a backpack sprayer which could mean the backpack sprayer could cost you more in the long run (more injuries, more hours worked, etc.).
  • Lowers Risk Exposure. Having problems with spraying troublesome areas such as under power lines, rocky inaccessible areas, near powerlines, near towers with guidewires, near highly noise-sensitive homeowners who complain constantly to the FSDO (which results in ramp checks), box canyons, etc. Send in the drone. If you lose the drone, no biggy. No one is on board. If you have a current Part 137 operation, you should see how you could REPLACE risk by operating a drone instead of a manned aircraft in certain environments. Think about it guys. You send out the flagmen sometimes. Couldn’t ya just have the flagman turn around and “weed wack” the dangerous areas with the drone?
  • Able to get into areas manned aircraft cannot easily get into. Part 137 requires the operator to file a congested area plan if they are operating over a congested area. The problem is that manned aircraft cannot operate like a drone. You have to fly the manned aircraft there while a drone can be driven there. This results in the manned aircraft operation having to go through the hassles of filing a congested area plan and getting it approved. I would argue that unmanned aircraft fly in between congested areas. Think about it. You could be treating golf courses, canals, ponds, lakes, etc. all in a suburban/urban environment but you are never over people or property. You drive up in your truck and launch the drone.

Drone Sprayer Examples:

I’m going to touch on the high points of each of these drone sprayer uses. Please keep in mind that each drone sprayer has its own set of unique problems, economics, laws, etc. My commentary is not an exhaustive discussion of the whole area.

Pollen Drone Sprayer

There is a problematic decline in bee population numbers around the United States which has been caused for various reasons. Dropcopter has stepped into this gap with a very innovative idea of using their drone sprayer to pollinate crops.

As a Digital Trends article put it,

“Pollination by drone isn’t the only alternative to insect pollination, but it may just be the most efficient current solution. Alternatives include using large tractor-mounted liquid sprayers or leaf blowers driven on quad bikes. Both of these are problematic due to the lack of reach and, in the case of liquid sprayers, the time-sensitive nature of the pollen once it gets mixed with liquid. Dropcopter’s drones, meanwhile, can cover 40 acres per hour, and can double the pollination window by also flying at night. This is one advantage they even have over bees since bees don’t fly at nighttime, when flowers remain open.”

It also appears that their Dropcopter can maybe increase yields. Dropcopter’s website says, “Dropcopter completed its patent pending prototype, and conducted the first-ever UAS pollination of orchards crops, boosting crop set by 10%.” A study was completed and here are some pictures of the apples.

Drones for Spraying Insecticides (Mosquito Control, etc.)

Because of their ability to communicate diseases, fighting mosquitoes is a big thing around the U.S. Mosquito abatement organizations are seeking to actively use drones to help fight mosquitoes. Recently, the Department of Transportation (DOT) announced the Drone Integration Pilot Program. The DOT picked ten winners, one of which is the Lee County Mosquito Control District located in Ft. Myers Florida. “The proposal focuses on low-altitude aerial applications to control/surveille the mosquito population using a 1500-lb. UAS.”  Lee County is not the only mosquito control district interested in using drones for spraying pesticides. Other control districts currently have drone sprayer programs underway.

If you are a government agency that fights mosquitoes or other pests, there is the potential for your operations to be done under a certain type of classification called a public aircraft operation which gives your operation more flexibility than non-government entities. See below for a discussion.  If you are interested in helping your mosquito control district use drone sprayers, contact me.

Mosquitoes are not the only insects you might be interested in fighting. Drone Volt created a mount to spray insecticide on hornet nests way up in trees.

Crop Dusting Drones (Herbicide, Fertilizer, Fungicide, etc.)

Drone sprayers seem like a good choice to be crop dusting drones but there are MANY variables here that affect whether it is a good decision for your situation or not. Factors that influence whether this makes sense or not are:

  • Type of crop,
  • Value of the crop,
  • Ground size of the crop,
  • Droplet size requirements to be placed on the crop,
  • How quickly do you need to spray a particular chemical on a crop (is there a window of time?), and
  • How much liquid do you need to spray.

For large areas of land, manned aircraft and ground spraying rigs make more sense based on cost per acre compared to crop dusting drones. Read my section below on economics to understand this fully.  For smaller pieces of land or land that is inaccessible to ground rigs or manned aircraft, it might make sense to use crop dusting drones.

Drone Tree Seed Planter

Drone Seed is looking to corner the market on precision forestry.  Not only can it do a potentially dangerous job of planting trees on the slopes of steep inclines but it can also potentially do it faster than workers on foot.

Corona Virus Disinfecting

The FAA has stated, “The FAA considers chemicals used as disinfectants for viruses to fall in the category of economic poisons as defined in part 137.3.”

Note for Viricides, in November 2020, the EPA published, “Unless the pesticide product label specifically includes disinfection directions for fogging, fumigation, wide-area or electrostatic spraying, or application via drones (i.e., unmanned aerial vehicles (UAV)), EPA does not recommend using these methods to apply disinfectants. EPA has not evaluated the product’s safety and efficacy for methods not addressed on the label.”

Wind Turbine De-Icing Drone Sprayer

The Verge did an article on the company Aerones which built a large drone sprayer with some serious lifting capacity to fly up and spray de-icing fluid on wind turbine blades.  The Verge article explained:

“The craft has a tether line supplying water, which it sprays at up to 100 liters a minute (with optional de-icing coating), and another for power, meaning it can stay aloft indefinitely. Cleaning by drone costs around $1,000, compared to $5,000 and up for cleaning by climbers.

The process is good for general maintenance, but also helps increase power efficiency. If snow and ice build up on a turbine’s blades, it slows the rate at which they produce power and can even bring it to a complete halt. Aerones adds that using a drone for de-icing is both quicker and safer than sending humans up using a cherry picker”

Crop Dusting Drones

Sprayer drones can be used for mosquito abatement, fire fighting, and multiple other things but there are certain drones that you can consider to be good crop dusting drones.

When considering purchasing a crop dusting drone, you need to figure out how much area you need to spray and who you might be competing with. Manned aircraft fixed wing and helicopters are pretty low cost per acre ($7-20) compared to drones so you need to figure out your situation. Many people totally miss this point and many selling crop dusting drones totally miss this and it could cost you dearly. If you try to optimize your operations to compete with manned aircraft on volume, you are almost always going to lose except for a few situations. They have been doing crop dusting for decades.  If you compete with them, you will almost always lose. Do not try and spray areas that are big enough for them to compete with you. You are operating in the area between hand sprayers/ground rigs and manned crop dusters.

Crop spraying drones basically fall into two categories: (1) fixed wing and (2) multi-rotor.  Fixed wing aircraft will have the largest payload but will have limitations with take-off and landing.  Multi-rotor is good for precise areas and small take-off areas but you’ll need more of them (more $$$).

The Pyka crop dusting drone is an example of carrying some serious payload. https://flypyka.com/#planes

If you want to cover a lot of area and spray a lot of volume with multi-rotors, you could obtain a swarm waiver to operate multiple drones at once. You could also just purchase a drone that carries more payload.  Remember the 55+ pound operations have the 500ft buffer zone, but you might be fine with those extra restrictions.  But consider this also, if you want 20 liters flying (like the DJI T20), just get 2x DJI Agras MG-1P with 10 liters.   You could also expand and do 5x 10 liters and get 50 liters in the sky with the MG-1P with no 500ft buffer zone.  You could also just get a 55+ exemption for a T20 and then have 2 pilots with 2 VOs flying both at the same time (40 liters).  You could also hire me to get a swarming 55+ exemption and now have 3 T20s flying (60 liters).

Play around with all the scenarios in your head and with the typical environment of your potential customer.

For 55+ exemptions, they are allowing swarming now and night flying.

Contact me if you want an exemption.

Drone Sprayer Economics

There is far more hype in this area that is being driven by possibilities rather than economics.

Drones are mobile platforms to spray from. There are other mobile platforms such as:

  • Manned aircraft (airplanes and helicopters)
  • Ground spraying rigs (tractor-pulled, truck mounted, etc.)
  • Humans (Backpack sprayer)

Each of these platforms has pros and cons that need to be weighed against the benefits of the drone sprayer.

Manned Aircraft (Airplanes & Helicopters) vs. Drone Sprayers

Manned Aircraft: Most drone sprayers cannot carry a large payload compared to manned aircraft.  Manned aircraft also are lower in cost per acre than drone sprayer operations. For crop spraying, drone sprayers won’t be used for large acres of land because the spraying rate per day is also way too low compared to manned aircraft, which can spray thousands of gallons in one day. This is a major point people miss. There are narrow windows of time to spray crops due to all sorts of things such as weather, chemicals being sprayed, growth cycle, etc. Simply put, drone sprayers cannot spray fast enough because their tanks are small.

Drone Sprayers: Drones have the ability to service clients who have smaller amounts of land or area inaccessible to manned aircraft.

Ground Spraying Rigs (Tractor Pulled, Truck Mounted, etc.)

Ground Spraying Rigs: They do not have to deal with the FAA and all those hassles. They can also hold much more spraying material than a drone.

Drone Sprayers: Drone sprayers can access areas that ground spraying rigs cannot, such as uneven, steep, or inaccessible terrain or sensitive environments where ground vehicles would damage the area or crops. They are also less expensive to purchase and maintain.

Humans (Backpack Sprayer)

Backpack Sprayer:  Super cheap to purchase ($90) compared to a drone sprayer. No FAA problems. But your workers could get covered in the chemical. Numb lips anyone?

Drone Sprayers: You can access areas with less danger to your employees. (Slip and fall anyone? Hello workers’ compensation claims.) Potentially more time efficient. Less exhausting than walking around with a hand pump sprayer. Depending on batteries and how quickly you can refill, this can be more time-efficient than backpack sprayers.

Where Do Drone Sprayers Fit In?

When you go to the home improvement store to buy some paint, you’ll notice that there are small spray paint cans, low-cost electric paint sprayers, and large metal heavy-duty commercial sprayers. By analogy, drone sprayers fill a sweet spot that is similar to low-cost electric paint sprayers.

You have to focus on the strengths of drone sprayers to see where they shine:

  • Able to get into locations that manned aircraft, ground spraying tractors, or hand sprayers cannot access.
  • Safer than hand spraying.
  • Lower acquisition costs versus larger pieces of equipment (ground spraying tractors) or manned aircraft. Do you really need to buy that ground spraying rig?
  • It is easy and low-cost to transport and deploy. (Ground spraying rigs, you have to drive or tow there. Manned aircraft, you have to fly to the location.)
  • Able to service smaller clients that would not have hired a manned aircraft.

Can You Give Me Some Drone Spraying Examples?

  • High-value crops that tend to cover smaller acres of land (vineyards, apple orchards, almond orchards, etc.).
  • Spraying pollen on higher-value crops to increase crop yields.
  • Crops on terrain that is too inaccessible or inconvenient to get to with a ground sprayer yet is too small to justify hiring a manned aircraft spraying operation.
  • Herbicide spraying on rocky embankments near a water reservoir where you don’t want to endanger your employees or you have a hard time getting to the rocky areas with the ground rig.
  • Mosquito abatement in areas that ground vehicles (or boats) cannot easily get to and that doesn’t justify the use of manned aircraft.
  • You’re a company running an in-house operation to test the aerial application of chemicals on a particular type of plant.
  • I heard a person one time say they wanted to spray 4,000 acres with a drone. I said you’ll never do that economically. Manned aircraft will be far far cheaper than you’ll ever be. Do NOT think 4 farms of 1,000 acres each but 1,000 farms of 4 acres each.  You focus on what businesses are on 1-10 acres.  Nurseries, specialty crops, orchards, etc. That being said, due to the aging manned aircraft population, there are areas of the United States that cannot obtain manned aircraft spraying services. In those areas, drone spraying with the largest drone might be the ONLY aerial option period and therefore, the most economical aerial method.

What About Costs? How Much Does a Spraying Drone Operation Cost?

Yes, those examples didn’t really take into account the total drone sprayer operational costs.  Here are some rough numbers you can use to go off of:

Duration

 Under 55 Pounds

55 Pounds+
Operating Certificate Indefinite if  One Airworthy Aircraft On It* Free to Obtain Free to Obtain
Exemption 24  Months Free to File and Obtain Free to File and Obtain
Registration 36  Months $5 per Aircraft $5 per Aircraft
Pilot Certificate Indefinite* Current Part 61 Pilots = Free

Everyone Else= $175 for remote pilot knowledge exam. (I have a huge free study guide for the test located here).
Pilot’s Aeronautical Currency 24 Months Free (Part 61 pilots use BFR and Part 107 pilots can do free online training)

 

  • For a Part 107 waiver for swarming ($0 but takes time and knowledge), it lasts 1-4 years. I’ve done 4 of these so far. Contact me for pricing.
  • Drone Sprayer Insurance. ($2,500-7,000) Many factors here depending what insurance you purchase and limits, deductibles, etc.   Read my article on drone insurance before you buy some.
  • Crop Dusting Drone Sprayer & Equipment.  ($5,000-60,000)
  • Spraying Pesticide? You’ll need a state-restricted use pesticide license. (Around $100 to $250). Things can cause this to fluctuate so you’ll have to check your state.)

If you need my help with exemptions, a Part 107 waiver (like maybe a swarm waiver to fly more than one drone at a time), or going through the 137 agricultural aircraft operator certification, keep reading. I have a section down below.

Now before you start making business plans. You need to know that these drones are considered aircraft. Aircraft are regulated by the Federal Aviation Administration (“FAA”). In addition to the FAA, other U.S. Federal laws may apply to your operation.

United States Drone Spraying Law

Federal Drone Spraying Law

Federal Aviation Regulations

Just from the get-go, if you are a government agency, some of these regulations might NOT apply to you. This is completely beyond the scope of this article but I have talked about it more over here.

Part 107

Most commercial drone operators follow Part 107. There are other legal methods of getting your aircraft airborne legally but this is the most time and cost-efficient. Basically, Part 107 requires the drone sprayer to be registered, the pilot to have a remote pilot certificate, and the operations to be done according to the restrictions listed in Part 107. Click here to read up on the complete summary of what Part 107 says.

Here are the two most important things you need to know about Part 107 in relation to spraying drones:

  1. Part 107 is only for drones that weigh on take-off less than 55 pounds, and
  2. You cannot carry hazardous materials on the drone.

Now these are not deal breakers but you’ll need exemptions from these restrictions. Exemptions do not cost anything to file with the FAA but they do take time and legal knowledge to make sure you have identified all the regulations you need to be exempted from. If you don’t have the time or knowledge, you can hire people, like me, to help you with this.

Also keep in mind that for 55 pound + exemptions, there are documents and data the FAA will want you to submit in support with the exemption. This data might NOT be supplied by the drone sprayer manufacturers, which means you need to create it or find someone who has. See tips below for more on this topic.

Part 137 – Agricultural Aircraft Operations. 

Part 137 specifically defines the applicability of this Part of the Code of Federal Regulations. Agricultural aircraft operation means the operation of an aircraft for the purpose of:

  1. Dispensing any economic poison,
  2. Dispensing any other substance intended for plant nourishment, soil treatment, propagation of plant life, or pest control, or
  3. Engaging in dispensing activities directly affecting agriculture, horticulture, or forest preservation, but not including the dispensing of live insects.

Part 137.3 defines economic poison:

Economic poison means (1) any substance or mixture of substances intended for preventing, destroying, repelling, or mitigating any insects, rodents, nematodes, fungi, weeds, and other forms of plant or animal life or viruses, except viruses on or in living man or other animals, which the Secretary of Agriculture shall declare to be a pest, and (2) any substance or mixture of substances intended for use as a plant regulator, defoliant or desiccant.

Most spraying operations fall into the applicability of Part 137 and because of such, they’ll need exemptions from sections of this part. Why? Part 137 was created a long long time ago. The regulations designed for manned aircraft do not make sense with drone sprayers. Conveniently, if you are already getting an exemption from the prohibition in Part 107 to not carry hazardous materials (like economic poisons), you can just add the sections of Part 137 that you need exemption from all into one request for exemption document.

NOTE that using a drone in agricultural operations does NOT automatically make it a  Part 137 aircraft. The most common misunderstanding is people using a drone with a camera to take images of crops. That isn’t a Part 137 operation because the drone isn’t doing any of the 3 things listed above (spraying poison, dispensing substances, etc.) If it isn’t spraying/dispensing anything, it’s not a Part 137 operation.

Other Federal Regulations

Keep in mind the FAA isn’t the only federal agency you might have to deal with. There is also the Environmental Protection Agency and also the Occupational and Health Safety Administration which have regulations that apply.  Discussing these regulations is way outside the scope of this article but I wanted to mention this.

State & Local Drone Spraying Laws

There are state and local laws that apply to aerial application spraying (manned and unmanned spraying). This is a very broad area but just know that states require you to obtain some type of restricted-use pesticide license to spray any economic poisons and typically you need the certification in the category you are performing the work (aerial application).

Some states require you to have your drone sprayer registered with the FAA and even the state. The state won’t issue any state registration until you also show some drone insurance on your drone sprayer. This means you won’t be able to do some type of hourly insurance setup but will have to obtain annual insurance and request a certificate of insurance to show to the state. If you plan on doing exotic operations (like swarming), check with your state regulator to see if there are any issues. I know of one state having problems with swarming EVEN THOUGH the FAA approved the operations.

Local laws also might apply depending on what you are spraying, when you are spraying, and where you are spraying.

Agricultural Aircraft Operating Certification Process

I have done many many many of these.  Here is what is involved.  Note that this process was changed in May 2024 so keep that in mind when reading sources online.

Step 1. File one or more petitions for an exemption to the FAA on regulations.gov which will be received by the FAA rulemaking office. The rulemaking office processes petitions for exemption. They do NOT do agricultural aircraft operating certifications. The FAA will be reviewing to see if you have a remote pilot certificate and aircraft registered. You do NOT need to have your remote pilot certificate or registration to start the process but you better have it FAST because the FAA will be asking for it.

Step 2. At the same time:

Start obtaining your remote pilot certificate.  I have a huge free remote pilot license study guide here many have used to obtain their certificate. Pass the remote pilot knowledge test. If you hustle, you can do it in like 3-5 weeks.

Obtain your registration for the aircraft. Under 55-pound drones are registered at https://faadronezone-access.faa.gov/ 55-pound and heavier drones are registered via the FAA’s Part 47 process which is time-consuming and can be very tricky. Clients that hire me I help with this. If you do the registration for the 55+ drone correctly, it can take 2-6 weeks.

If you do not have your aircraft registration and someone have a remote pilot certificate done in time, the FAA will send us a request for more information (RFI) asking for these. I’ll have 2 weeks to respond. I can ask the FAA for some more time IF you have actively done something (registration paperwork filed but we have not received the completed registration back or we have schedule the test but have not taken it yet). If you haven’t made progress, you are going to get your petition denied.

Step 3. If you have your registration and someone has an airmen certificate, your exemption will be granted.

Step 4. When (1) your aircraft registration has been issued, (2) your remote pilot certificate number has been obtained, and (3) your exemption has been granted, you THEN fill out form 8710-3 and file it.  This form requires you to have your completed aircraft registration and your airmen certificate.

Step 5. Your operating certificate will be issued via email. (Like 1-2 weeks later)  You then operate according to the regulations, your exemption, and your manuals.

How Drone Spraying Laws Heavily Influence the Economics

A big mistake some make when getting into drone spraying is that the size of the aircraft ONLY affects the cost per acre. I cannot emphasize this enough. This is the most important point of this entire article.

A drone that weighs 55 pounds or more on take-off, will be required to fly under a different set of regulations and restrictions. Yes, the weight of the aircraft will determine what set of regulations you will fall within. These restrictions can be extremely burdensome in some environments and inconsequential in others.

The two big restrictions facing 55-pound and heavier aircraft are (1) the 500ft bubble and (2) the Blanket COA 5-3-2 airspace bubble.

Here is a helpful chart I created showing the major comparisons.

Chart of Comparison for Under 55 Operations Versus 55 Pounds and Heavier

Under 55 Pounds 55 Pounds+
Operates Under Parts 107 & 137 and Exemption Parts 43,61, 91, and 137, etc. and Exemption
Airspace Class G airports are not a problem. We have LAANC for B, C, D, and E airports. Class G airports are a problem.

Blanket COA that comes with 5-3-2-2 restrictions.
Operates Under Parts 107 & 137 and Exemption Parts 43,61, 91, and 137, etc. and Exemption
Registration Parts 47 or 48 Only Part 47.

No Part 48 Drone Zone Registration.
Buffer Zone “[N]o undue hazard … in the event of a loss of control of the aircraft for any reason.” 107.19 500 ft or 100ft buffer zones listed in exemption.
Pilot Certificate Remote Pilot Certificate Exemption to Use Remote Pilot Certificate
Exemption Needed from 107.36 and multiple regulations in Part 137. Needed from multiple regulations in 91 and 137.

The 500 Foot Bubble

Under 55-pound operations do not have the 500ft buffer zone (they have 107.19(c)) but 55-pound and heavier operations do.

To operate a spraying drone 55 pounds and heavier, you’ll need an exemption from some of the regulations in Part 91. One of them is 91.119(c). The exemptions being given out which grant regulatory relief from 91.119(c) require under restriction “27. 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[.]”

In order to spray operating 55 pound+, the width of the field needs to be at least 500ft ON BOTH SIDES of the drone. Every road, person, house, car, etc. is a problem.

The only exceptions to the buffer zone are to the following four:

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, 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 from 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 from 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 27.c. (2) through (6) and the following additional conditions:
(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.

So to fly within 100 feet, ya need to get permission. Now you’re knocking on doors like you’re a girl scout selling cookies. What if they are in the shower, out of town, in the barn, just don’t care, etc.? Bummer. You have to stay more than 100ft away. Yes, if you are doing the job for the person who owns the cow, barn, and house, you could just get that permission so that resolves that problem….but……what about their neighbor’s barn, house, fence, or mailbox?  Knock knock……Who’s there?

You…knocking and not doing what you need to be doing.

In some circumstances, this is a deal breaker for 55-pound and heavier operations which means you have to do your operations under 55 pounds under Part 107 which does not have the 500ft buffer zone restrictions.

Some choose to solve this situation with an aircraft optimized for over 55 and another optimized for under 55. Another is just to have one aircraft and fly it under 55 (with less payload) in the 500ft buffer areas and go 55+ for the fields. Both scenarios would need an under 55 exemption and a 55+ exemption.

Think of it this way….you would “weed wack” the edges with the under 55 drone (which it’s exemption doesn’t have a 500ft buffer zone) and “mow the lawn” with the 55+ drone that has the 500ft buffer zones.

The Blanket COA 5-3-2 Airspace Bubble.

The blanket certificate of authorization (COA) being given out with the exemptions for 55-pound and heavier drone spraying operations say the following:

Beyond the following distances from the airport reference point (ARP) of a public use airport, heliport, gliderport, or seaport listed in the Digital – Chart Supplement (d-CS), Alaska Supplement, or Pacific Chart Supplement of the U.S. Government Flight Information Publications:
(1) 5 nautical miles (NM) from an airport having an operational control tower; or
(2) 3 NM from an airport having a published instrument flight procedure, but not having an operational control tower; or (3) 2 NM from an airport not having a published instrument flight procedure or an operational control tower; or
(4) 2 NM from a heliport.

This is what it looks like on a sectional chart for the airspace around Austin, Texas.

You can obtain approvals to fly in SOME of those red areas. The blanket COA says, “For all UAS requests not covered by the conditions listed above, the exemption holder may apply for a new Air Traffic Organization (ATO) COA at https://caps.faa.gov/coaportal.”  It just means another hoop you have to jump through if you need to fly there.

Also, drones cannot even operate in Bravo and Charlie airspace without having ADS-B out or without authorization. If you get a COA, you have to make it also a 91.225 COA and not just some general airspace COA. This is a point many will miss.

In heavily congested airspace environments, this is a deal breaker for 55-pound and heavier operations which means you have to do your operations under 55 pounds under Part 107 which does not have the 500ft buffer zone. This is the same area under Part 107 regulations. Those 3 red areas are where a COA is required under Part 107.

107-airspace-austin

When it comes to getting COA approvals. Part 107 wins. The CAPs portal above for 55+ operations is a super pain to connect to and takes longer than LAANC which is the FAA’s new way of granting COAs electronically within seconds in certain locations. The FAA is transitioning from the CAPs portal to the FAA Drone Zone portal for future COAs for Part 137 operators so that will speed things up and make things much easier. :)

A Solution!

Nothing prohibits you from having two exemptions. :)

You can have one aircraft that can operate under either one depending on the needs of the environment.

Conceptually, you “mow the lawn” with the 55+ exemption with the 500ft buffer while you “weed wack” the edges under Part 107 without the 500ft buffer zone. There are some issues you will run into if you already have one of the exemptions and you are trying to add on another, you’ll want to schedule a phone call with me so we can go into all the issues with the endorsement, manuals, etc. There are issues with jumping back and forth between the two also.

Comparison of Exemptions (Under 55 vs 55 Pounds and Heavier)

These are general numbers. Sometimes things slow the process down further like government shutdowns, the FAA updating their internal process, adding new requirements, etc.

Under 55 Pounds 55 Pounds+
Aircraft Aircraft Agnostic MUST be listed in Exemption.
Basic exemption with previously approved safety restrictions Around 30-60 calendar days Around 30-60 calendar days
Never before approved safety restrictions 1 – 1.5 years
Aircraft previously approved under 49 USC 44807 such as DJI  Agras  T16, T20, and T30 Not  Applicable Around 30-60 calendar days
Aircraft NOT previously approved under 49 USC 44807 such as DJI  Agras T40 Not Applicable 1-1.5 years

You cannot apply for your operating certificate until your exemption is granted.  This is SUPER IMPORTANT.

Swarming, Night, etc. and the Exemption Terms and Conditions

The FAA is allowing these now under 55 pounds and for 55 pounds and heavier.

Night Operations

Under 55- If the drone operation is under Part 107, and provided your exemption does not restrict flying to daylight only, you are cleared by regulation  (107.29) to fly at night. You no longer need a night waiver unless you want to fly without anti-collision lights or something like that.

55+ – For Part 91 operations, the FAA can approve night operations.

Swarming Operations

Under 55- These operations need a 107.35 waiver. I’ve done these.

55+ – The FAA can approve swarm day AND night operations. Contact me if you want one.

3rd Class Medical

Under 55-  There is no 3rd class medical requirement in Part 107 or in most under 55 spraying exemptions.

55+:

  • Day (single, swarm, no VO ops) = 3rd class medical OR “ the UAS must be operated in a highly automated manner in which control of the UA rests solely within the UAS automated software with only minimal manual control input necessary for UA launch and recovery, or abnormal situations.”
  • Night (single, swarm, no VO ops) = must have 3rd class medical under EVERY scenario.

Visual Observer

Under 55- Part 107 has VO requires ONLY under very very limited circumstances. See 107.31 and 107.33. Most under-55 exemptions do not require a VO.

55+ – Some older exemptions require this. The FAA can grant an exemption without a visual observer for the newer petitions.

Drone Sprayer Statistics (# of Operators, Exemptions, Registrations, etc.)

Drone Spray Operators:

  • 8/9/2019 – 20 Part 137 operators using drones.
  • 11/2019 – 25 Part 137 Agricultural Aircraft Certificate Operators using Drones
  • 6/3/2022-59. Based on FAA provided data, you’ll see some interesting stats. In the interest of truth and transparency, the FAA database providing me that information appears to not be complete. Some of my clients did not show up on the list and I KNOW they obtained a certificate. FAA is looking into why the database is incomplete. If some of mine are missing, maybe others are missing. Take it for what it is worth but it is the best data was have. You’ll see 18 out of the 59 I had a hand in starting (30.5%).
  • As of March 2023, there were 122 operating certificates.  30% of them were my clients.
  • Part-137-operators-Rupprecht-helped-start-1
  • For 6/3/2022, here is the graph of the certificated Part 137 operators broken down by FSDO.

Drone-spraying-operators

Drone Spraying Facebook Group

There is at least one good Facebook group you can join. Drones for Spraying, Seeding, Mosquito Control, Crop Dusting(U.S. Focused)  I suggest going in there and asking questions about aircraft, equipment, vendors, etc. so as to get unbiased opinions.

Things to Consider Before Buying a Spray Drone

Before you put down a bunch of money to purchase a drone, PLEASE consider these important points. Everyone is hustling to try and get you to part with your hard-earned money. I don’t sell drones so I’m not biased.

  1. NDAA of 2025 presents issues for DJI and Autel drones. If you are considering buying a DJI or Autel drone, read this.  https://jrupprechtlaw.com/national-defense-authorization-act-ndaa-2025-and-drones/There is a possibility of having their FCC licenses revoked. Read the article for all of the info.
  2. If you are flying 55 pound and heavier drones, AND you need to fly at night, go and get your 3rd class medical first. Under 55 pounds day and night and 55+ day only ops do NOT require a 3rd class medical. Night 55+ does. Some people have medical issues and cannot pass the 3rd class medical. It would be really uncool to find out you cannot fly the drone AFTER you purchase it.  I put this first here for a reason. Certain medications, physical conditions, or even PTSD can hang up the certificate from being issued.
  3. Consider the company. DJI is the big gorilla in the room but it has all sorts of problems. Read this Washington Post article. Using a DJI product could be a deal breaker for certain clients who are either legally precluded from contracting with a contractor using a DJI product or the customer chooses to do it for PR or “what will my boss think?” reasons. You need to know if your end customers care about this or not.
  4. Battery Compatibility. Some of the drone sprayer batteries can be used on different platforms. This is really important as batteries can get very expensive and you want to fully utilize your batteries. If you are buying an under 55-pound drone and a 55+ drone, you don’t want it so you have a bunch of batteries sitting around not being utilized for one of them. You want, for the least amount of capital expenditure, the greatest amount of batteries. A lack of intercompatibility means greater overall capital costs.
  5. Ask around how others like the company. There is one company I will never deal with. They treated me and my customer horribly. That customer literally promised to never purchase anything from that company again. Just ask around and you can gather some really good intel on some of the manufacturers and resellers. There is a Facebook group here. https://www.facebook.com/groups/123803228100698
  6. Remote Identification. The remote identification laws for operators require the operator to have a drone capable of broadcasting remote ID.  See 14 CFR Part 89. The issue here is some of the drone manufacturers may have some difficulty in creating a drone capable of doing this or finding a broadcast module to retrofit their aircraft.  Before purchasing a drone, find out what the manufacturer’s game plan is on remote ID.  You can see if any manufacturers have declarations of compliance for their aircraft by looking here. https://uasdoc.faa.gov/listDocs  Manufacturers may choose to not support older models. You can purchase a broadcast module (see the previous link) and retrofit your aircraft for like $100-300. The downside to retrofitting your aircraft is Part 89 limits it to visual line of sight only. If you need to fly beyond line of sight with a broadcast module, contact me. There is a way around that.
  7. Consider sales and use tax!!!!!!!  Some sellers do NOT include sales tax. This messes up the comparison of costs. You should call your state department of revenue and find out if the aircraft are taxed and to what percent. Do NOT think you can just skip this. If you register your drone with an N Number (all drones 55 pounds and heavier have to do this), you might be receiving a letter in the mail from your state department of revenue which regularly checks the publicly available database of N Numbers for new entries. You’ll get a letter saying, “Hey! We noticed you have a new aircraft. Did you pay sales or use tax on it?” If you didn’t pay sales tax, you might end up having to pay state taxes then. This comes months later and is an unexpected surprise of a potentially 4 figure tax bill. If the seller doesn’t put sales tax in the quote, ask why. At this point, you should call over to your state department of revenue and ask them what they think about the seller’s statement.
  8. Shop around. Some of the people selling drones are heavily marking up in costs. It is not uncommon to save thousands by shopping around. If a person recommended you to purchase from a certain dealer, ask them why. A lot of sellers and some consultants pay referral fees so you as a customer end up paying higher prices (as referral fees). If you are wondering about me, as an attorney, I can’t receive referral fees.
  9. Consider Used Aircraft. Facebook marketplace and Facebook groups.  There are people unloading old drones. You could obtain one cheaply. Note that switching a drone over from one person to another with DJI may be a pain. The drone will be associated with the previous owner in DJI’s system so you have to deal with those extra headaches.
  10. Only purchase one drone. You only need one drone to get through the operating certification process. Do NOT purchase anymore until you get operating. Prices come down over time.  By the time you get your certification done, prices could have come down.
  11. Consider leasing a drone instead of purchasing one. Some people have extra drones around. Lease one. Guys up north don’t fly in the winter. A southern operator can lease for the late fall and winter a northern drone to use.
  12. Can you make your own spray drone? Some of you guys have a gas helicopter laying around or a multi-rotor. You can maybe figure out some solution. Louisiana State University Ag Center put together an article on how to Build Your Own Sprayer Drone. The drone sprayer in that article was built for under $2,500 but keep in mind that the drone carries three-quarters of a gallon of liquid compared to 2.64 gallons with the DJI Agras MG-1.
  13. Can it fly at night and/or swarm? The FAA added new requirements for night flying and swarm flying. See the March 2024 update section of this article. There are specific equipment requirements for night swarming that not all drones might have.

Spraying Drones for Sale

Considerations

Right now, there are some companies that are manufacturing spraying drones. The drone sprayers listed below are the ones I’m familiar with. I didn’t do an exhaustive search for all that is out there as China has been pumping more and more. There always seems to be some new Chinese drone company offering them for sale.

IMPORTANT: Before you buy one of these drone sprayers, please read this article multiple times. I’ve had conversations with people who purchased spray drones to later realize they purchased a spray drone NOT efficient for their operations. Remember that drone sellers have an incentive to not tell you everything and just sell you the drone. Some sellers keep their customers in the dark on certain issues. Talk to the past customers of the drone sellers. You can also hire me for a brief consultation to help you navigate purchasing a drone.

Very important point: if any of the manufacturers or resellers refer you to other companies for legal or consulting assistance, ask them if they are receiving referral fees from that person or company. There are multiple companies that I know refer work to certain people based on the kickbacks they receive. You want to find out if the recommendation was because the consultant or attorney was the best person for the job, not because they were giving kickbacks. As a Florida-barred attorney, I’m prohibited from providing referral fees to non-attorneys and have never done so.  I literally had one reseller tell me that they wouldn’t refer any work to me because they would lose a lot of money in kickbacks they receive from other consultants for referring work to them. If you hired a consultant or reseller for legal services when they were not licensed to provide that service, contact the state bar for their location and they may be able to help you with a refund. Legal services are regulated and non-attorneys cannot provide these services.

Some of these companies below also have foggers and spreaders that mount onto the aircraft.

The FAA has a list of 55+ spray drones they have approved.

Keep in mind you don’t just buy the drone sprayer. You’ll be also thinking about purchasing a transport case, extra batteries, training, the generator to recharge the battery in the field, etc.

5 Reasons Why You Should Only Hire Federally and State Certificated Drone Spraying Operators

1. Possible Prison Time

49 USC 46306(b) says,

“[A] person shall be fined under title 18, imprisoned for not more than 3 years, or both, if the person— . . . (8)knowingly and willfully employs for service or uses in any capacity as an airman an individual who does not have an airman’s certificate authorizing the individual to serve in that capacity[.]”

Certificated Agricultural Aircraft Operators have to go through an in-depth and lengthy process with the FAA to get certificated.  They won’t risk their operating certificate by employing an uncertificated pilot.

2. Possible Liability for Damage Done to Others

Over in the drone spraying Facebook Group George, a manned agricultural spraying pilot reported this:

“So here’s a first for me. We went to spray a customers pea field with the helicopter and when we got there noticed that about 10 acres of it was dead in an odd pattern. I asked what was up and his answer was a drone working on the adjacent experiment station had drifted herbicide onto the field a few weeks before and that he was dealing with the operator to get it paid for. Seed peas, maybe $3,000 an acre, $30,000 total. Then says it seemed weird that the guy was really freaked out about him calling the state to turn it in and asks me what should the guy have to do the job, and does it seem weird to me? I ma[de] a few calls and end up calling the operator yesterday. Turns out he doesn’t have [a drone spraying] exemption, so of course no Part 137 operating certificate, and I believe lacks a medical certificate while operating a T30 over 55#’s, and may not have chemical drift liability insurance. I told him he’d best get his checkbook out and then cease operations until his paperwork is in order. The grower is being reasonable to not call the state, but he’s [very angry].”

Drone Spray Drift

Drone Spray Drift

If I were the attorney for the farmer of the seed peas, not only would I go after the illegal sprayer, I would go after the owner of the land that brought the illegal sprayer guy in under the idea of negligent hiring.

Imagine if the spray drifted over into an ORGANIC farm. The ground is now messed up. Game over. Now you are paying for the land or buying so many years’ worth of future crops. YIKES!

A legal operator will have a state license which they obtained after passing a test that covered chemical drift.

3. Business Resources Wasted.

I’m just going to copy-paste the language from the Skypan petition for summary of the enforcement of the subpoena filed by the Department of Justice:

Skypan is a private, for-profit photography company . . . that specializes in aerial photography. The company has advertised on the internet their use of unmanned aircraft to produce aerial photography and videography products that cannot be obtained through conventional use of manned aircraft. . . . In early September 2012, a second anonymous complaint was made to the Farmingdale FSDO stating that Skypan was again engaged in commercial unmanned aerial photography in the New York Class B airspace area. ASI John Wilkens, Farmingdale FSDO, investigated the allegation that Skypan had operated an unmanned aerial aircraft in violation of Federal Aviation Regulations. On or about September 19, 2012, ASI John Wilkens contacted Mr. Richard Dubrow, employee of Macklowe Properties, regarding the circumstances surrounding their contract with Skypan for aerial photography services. Mr. Dubrow confirmed that Macklowe Properties did contract with Skypan for commercial aerial photography of a development project at 432 Park Avenue, New York, NY.

On November 11, 2012, ASI Wilkens issued a letter of investigation to Skypan advising the company that the FAA was investigating the operation of an unmanned aircraft system for the purpose of commercial photography by Skypan International on or about May 8, 2013, in the vicinity of 432 Park Avenue, New York, New York.

On December 12, 2012, the FAA issued an administrative subpoena duces tecum to Macklowe Properties requiring the company to produce any and all business records, agreements, contracts, photographic products and/or materials and records of any payment relating to a contract for aerial photography between Macklowe Properties and Skypan. Macklowe Properties complied with the FAA’s administrative subpoena duces tecum and produced various business records, receipts, copies of photographs, and written statements clarifying the dates that the unmanned aerial photography took place.

The subpoena asked for all sorts of things such as contracts, agreements, materials, reports, records of payment, “Any and all documents in the possession or control . . . regarding contract negotiations and understandings . . . to include, but not limited to, correspondence records, telephonic messages, emails, or any text communication.” All 9 items started with “Any and all” which gives you an idea of the breadth and depth of the FAA’s subpoena.

Obviously, after you received this you would consult a lawyer and pay them which means $$$ out of your pocket to figure out what you need to do.

You and your employees have to take time away from making money to try and comply with the subpoena. It’s like doing an in-depth tax return where you are throwing under the bus one of your vendors and trying to do damage control with some expensive attorney looking things over. Remember the petition stated,

[T]he FAA issued an administrative subpoena duces tecum to Macklowe Properties requiring the company to produce any and all business records, agreements, contracts, photographic products and/or materials and records of any payment relating to a contract for aerial photography between Macklowe Properties and Skypan. Macklowe Properties complied with the FAA’s administrative subpoena duces tecum and produced various business records, receipts, copies of photographs, and written statements clarifying the dates that the unmanned aerial photography took place.

4. Others Might Question Your Judgement

If you or your company get mixed up in all of this, you might have to explain to your spouse, customers, vendors, co-workers, employees, and the boss what’s going on.

Yikes. That’s stressful.

Don’t believe this can happen?

Here ya go.

Remember that Skypan case above? The petition filed by the DOJ attached a statement from an FAA inspector which gives you an idea of the stress created by the investigation:

“A written request to furnish documents to aid the investigation was made to Macklowe Properties on September 26, 2012. There was no response to the written request. A follow-up telephone [conversation] with Mr. Dubrow took place on October 12, 2012 to check on the status of the document request. Mr. Dubrow confirmed that his company received the request and he passed the letter along to his boss. Mr. Dubrow said they will email the status of the written request. On October 19, 2012 Macklowe properties General Counsel forwarded a letter requesting a subpoena detailing the information that they were requesting. A subpoena was issued as requested.”

5. Insurance Might Not Cover Claims

If you have insurance, there is a good chance there is some type of exclusion in it for crimes or activities that require a license/certificate.  Whoops. You just hired the criminal guy who needed a license. Some insurance requires the person to be legal. Read the language of their insurance.  The person could have lied to obtain it or the insurance company issued it with the exclusion it wouldn’t cover illegal ops and you assumed that because they have an insurance policy that you would be covered.

Directory of Certificated Part 137 Agricultural Aircraft Operators

Many people are advertising they can perform drone spraying services but only so many actually have the regulatory approvals. To spray, the operator must have both (1) the granted exemption and (2) the operating certificate. Don’t let some sprayer service fool you by showing you just only the granted exemption.

I used to put here a directory of all of the 137 operators. However, I was like why in the world am I advertising for other operators who didn’t hire me? I have no clue how good they are. I don’t want to deal with any of that liability also.

Below are some of my clients who have obtained Part 137 operating certificates. Contact them if you need someone to spray your area.

  • 36T Media LLC DBA Drone Tech Solutions
  • Aerospect Inc.
  • AG-BEE LLC
  • Agtak LLC
  • American Drone LLC
  • Boutique Outdoor Adventures LLC DBA Skyward Ag Solutions
  • Clearview Applications LLC
  • Clean Lakes Inc.
  • Davey Resource Group Inc.
  • Dropcopter Inc.
  • Eagle-Eye Aerial Solutions LLC
  • Edko LLC
  • EverGreen FS Inc.
  • Green Field Drone LLC
  • HAWKEYE SPRAY DRONE APPLICATIONS LLC
  • Hill Country Pest Control Inc.
  • HYVE REMOTE AERIAL SOLUTIONS LLC
  • Ideal Elevation Inc.
  • Influential Drones LLC
  • Kdrone Services LLC
  • Kenneth J Hahn
  • Miller Grain Farms
  • Mitchel Anthofer
  • Philip E Shaner
  • Snyders Crop Service LLC
  • Tech Ag Air LLC
  • The Drone Farmers LLC
  • Honor Property Solutions
  • Truss Services LLC

If you want to figure out who in your area even has a granted exemption, go to www.regulations.gov and search. That tells you only who has a granted exemption. To figure out who has an operating certificate, the only way to do that is to call your local Flight Standards District Office (FSDO) and have them search on WebOpps for those operating certificates that have exemptions in that FSDO.

Another really interesting point is that many people don’t have their drones properly registered. If you want to fly 55 pounds and heavier, the drone must be registered under Part 47. If you look at the statistics I had in the section above, you’ll see many of the drone sprayer services do NOT have any drones that can spray over 55 pounds. Search for yourself in the registration database. https://registry.faa.gov/aircraftinquiry/ The Part 48 database (for under 55-pound flyers) is not publicly searchable but I’m working on getting that data out. I think one reason for the Part 47 database having so few registered aircraft is because of the nature of how these drones are sold. There seems to be an overall effort toward selling drones than making sure the customers are operating lawfully. I suspect you won’t find many in either the Part 47 or Part 48 databases anyway since there are WAY more sprayer drones being sold than those going through the exemption process. Why register and tell the feds where you are if you are planning on operating illegally? If you think they are operating illegally, you can report them here. https://hotline.faa.gov/

Tips on Starting a Drone Sprayer Operation (Read This Before You Buy)

Work With an Attorney Licensed to Practice Law Where They Live

A. Attorney-Client Relationship Protects Sensitive Conversations.  The attorney-client privilege protects conversations between the client and the attorney. This allows for open conversations regarding the legality of the operations.  “Was I supposed to do……..”  or “We just received a letter of investigation” are supposed to be brought up in the open and honest attorney-client discussion. There are alot of regulations that apply. Do you really want to rely on a non-attorney to give you legal advice? You’re the one getting the fines, not the consultant.

Please note that it is ATTORNEY client relationship and not consultant client relationship. The FAA, federal and state law enforcement, plaintiff’s attorneys, etc. can subpoena your consultant to testify against you. They can’t do that with an attorney except for really rare situations. The consultant is stuck between a rock and a hard place. They either tell the truth and goof you up, lie and risk jail, or refuse to answer and go to jail.  The answer is simple – you’ll get goofed over every time. There have been many exemptions that were defective filed by consultants who missed regulations. If those operators said they were flying to their consultant, that’s a potential witness against you in case anyone starts investigating.

B. An attorney can actually provide legal advice – lawfully. You’re going to need a lot of answers regarding the laws. Almost all the states I know of require that people who provide legal advice be licensed attorneys in that state. Only attorneys can provide legal advice. If anyone claims they are an attorney, check the state bar directory in which they live to see if they are a current member in good standing. For example, if you go to the Florida Bar’s member search page, you can search for me and see that I’m eligible to practice law and in good standing with the Florida Bar.

I know of a person running around in the industry right now that calls themselves an attorney but that person is actually a disbarred attorney who was disbarred because of dishonest conduct towards the client. Let that sink in. They hurt their client and ran to another state. It will look pretty bad to your boss if you hire a so-called attorney who turns out to not be a LICENSED attorney. Also, another thing to consider is if a person says they “were” an attorney. They typically use alot of past tense language. Why are they not one now?  That’s odd. That’s how I figured out that person just mentioned was because that person just said they “were” an attorney. I was like “Why would a person step down from an attorney to being just something equivalent of a consultant program manager?” I searched on some different state bar websites and found the person listed as disbarred.

Even if they say they are “currently” licensed, find out where. Some people are licensed in one state but living and doing business in another. This could present issues regarding the attorney-client privilege.

C. They have a duty to you. – This is an important one. Yes, we all understand the idea of giving secrets away to a competitor is a big no-no. But consider this….as a Florida Bar attorney, I’m actually prohibited from paying out to any non-attorney or drone manufacturers any referral fees. This means that if I recommend something or someone, I’m recommending it because it is good, not because I’m getting paid for it. Furthermore, this means that people who refer to me are sending you to me because I’m the best person to help, NOT that I’m giving them a kickback.  If you were sent to a consultant, ask the consultant if they provided kickbacks (referral fees) to anyone to have them send you to the consultant.

D. Protection. Most attorneys have legal malpractice insurance which is there to protect you in case there is a mistake.  I don’t know of any consultants that have legal malpractice insurance to protect you if they advise you incorrectly on the aviation regulations or the other laws that apply to this area. Furthermore, attorneys go through background checks to get barred. Consultants don’t have to get checked out.

Are You Planning on Flying 55 Pounds or Heavier in the United States? 

A. Limited Payload. If you have an aircraft capable of flying over 55 pounds, to fly under Part 107, your drone sprayer needs to weigh under 55 pounds on take-off.  This is an important point because you could purchase a drone sprayer capable of flying over 55 pounds but you’ll be forced to limit the amount of liquid in your tanks for the drone and liquid together to be under 55 pounds at take-off to spray the edges of fields. Some people don’t realize that some aircraft are never able to fly under 55 pounds due to limited payload. You might need a second aircraft optimized for under 55 pounds to fly the edges in those buffer zones mentioned above.

B. Different Rules. This can be an issue as you are flying NOT under Part 107 but under the rest of the regulations. This can cause proficiency issues or random hang-ups like the Class C veil ADS-B issue.

C. Lack of Reliability Data. This is actually the worst one.  For a 55+ exemption, the FAA will ask for information on the drone sprayer, such as how many total hours have been flown on it to show engineering reliability.  This is different than manuals. Is there any supporting data that shows this type of airframe is safe? This means you’ll most likely have to obtain the drone sprayer data yourself or find someone who already has. If there isn’t any reliability data, we will have to mitigate the risks with buffer zones and other restrictions which becomes annoying.

D. Registration Planning. The easy online method of registering the drone sprayer under Part 48 is for only drone sprayers that will be operated under 55 pounds. This means you’ll have to go through the headache of de-registering under Part 48 and re-registering under Part 47 which is a pain in and of itself. Proper planning would say if you plan on going 55+ with your drone sprayer, just register under Part 47 which is good for both under 55  and 55+ operations. Strangely, some of the clients of consultants (trying to assist clients in being legal) miss this point and I never see them show up in the Part 47 registration database. But that’s what you get when you’re not working with a real licensed drone attorney.  Do a search for yourself on the FAA’s registration database. You can search make/models here. https://registry.faa.gov/aircraftinquiry/Search/MakeModelInquiry

Time and Money Mistakes Due to Shady Communications

I’m guessing you are shopping around for help. Here are some mistakes that I see happen when people go shopping and don’t dig down further.

Not working with someone who has a fiduciary duty to you.

Many in the sprayer industry (consultants, resellers, manufacturers, operators, etc.) receive referral kickbacks for recommendations.  Work with an attorney because attorneys have ethical rules against fee splitting with non-attorneys. This means you can at least have a better chance of having a legit answer in YOUR best interest. Some people steer people to their reselling buddy, or their consultant when it is not in the person’s best interest.  I’ve also seen situations where sellers will sell way too many drones to the end customer (why? because the seller made wayyyy more commission).  Always ask everyone if they are making commissions or kickbacks off of the referral.

Not working with an attorney when doing regulatory compliance

Sure. I can see you saying this is totally biased because I’m an attorney. But…… consider this.  If you work with a consultant or non-attorney in trying to do regulatory compliance, you open yourself up to a whole host of problems. There is no attorney-client privilege to those communications.  That privilege is there for the benefit of the client so that the communications cannot be later on brought in during a prosecution or civil case.    Let’s play out the scenario. You hire the consultant. During the process, they learn you are doing 1 or more of the following: (1) flying illegally accidentally or intentionally, (2) flying in an unsafe manner, (3) not following chemical labels, etc.  If you get investigated and the FAA finds out you are working with a consultant, now you open yourself up to the FAA trying to get at the consultant to find out more information about you. If you say, “the consultant told me it was ok to do something.” The FAA will contact the consultant and ask if they said that. If the consultant says, “no I told them they couldn’t do that.” Boom. The FAA now has found their star witness against you.  Hopefully, you have the consultant saying the information in an email; otherwise, I think the consultant will just save face and say, “I told them so.”  You would be better off just not even mentioning the consultant.  If the consultant is a bad guy, they could even threaten to “greymail” you. You – “You said you would do XXXX or cover that part free of cost.”  Them – “Sure be a shame if the FAA were to find out this drone was spraying illegally all summer.”

If you want to save money and not work with an attorney, just read all of the FAA material yourself and do it yourself. If you get investigated, keep your mouth shut. Cut the consultant out of those really important discussions.  On a side note, I sell 30-minute small blocks of my time to help people answer tough legal or to understand the full ramifications of certain types of activity.

Not asking for specific verifiable proof of claim.

There are resellers and consultants running their mouths and posting on the internet that they can get their client’s certain approval. ASK to see this.  Petitions are filed on regulations.gov  You can read the docket and see when the petition was filed and when it was granted. You can calculate the days. Ask for the contact info of the previous customers so you can verify. A super way to cut through the lies is just to ask, “can you please provide me a specific URL to a docket proving your claims?”  If you do not get one, this is a massive red flag. A lot of people go dark after this.

Not asking why a person would “expect” something.

For 55+ aircraft, the aircraft has to be determined under 44807. This process can take some time for the FAA to do. A good rough rule of thumb is 1-1.5 years (lots of things can make this number fluctuate). I learned of a situation where a person asked a specific manufacturer regarding the specific URL or docket on regulations.gov showing the aircraft was 44807ed. The seller said it had not been approved but “they were expecting approval any day now.”   Hmmmmmm why would this person say that? They didn’t have a leg to stand on with data so they literally just said this statement to make it sound like the approval was imminent to induce the buyer to purchase.  I looked up the manufacturer’s regulations.gov petition and found out it was filed only 1 month prior to that statement. A real expectation based upon the previous 44807 determined would place my expectation of approval 11-17 months out. If the seller would have said,  “we filed a year ago so we should be expecting approval in the next 0-6 months,” that would have been a reasonable statement.

Not asking to see how many or what percentage of their clients are real-world LEGAL CERTIFICATED operators.

If their number is low, that’s a red flag.  If the percentage is low, also another red flag. Some of these sellers and consultants just file paperwork and sell drones to make a quick buck. The client ends up flopping around and not getting an operating certificate because there is little back-end customer support.  These are paperwork mills.  Also, ask if THEY helped start the operation or if their client was an operator prior to coming to them.  I have multiple Part 137 operators that have come to me after they have already obtained their certificates. But that doesn’t prove I can help you!  What can help you determine that I have valuable experience is me saying, “I have helped 70+ people from scratch obtain their operator certificates.”

Drone Spraying Insurance

There are three big areas of insurance to consider when running a drone spraying operation.

1. Hull Insurance

This insurance covers the aircraft and can sometimes cover the associated ground equipment. Pricing for this can get expensive. Some people choose to not do this but instead focus on trying to prevent problems with good maintenance. However, you may not be able to find all of the problems and in effect play insurance yourself.

2. Personal Injury and Property Damage

If you are spraying for other people, this is most definitely a necessity.  Not only that, some states require you to have it if you are a commercial sprayer.

3. Drift Insurance

This is the MOST pricey. I’ve searched for years to find an affordable policy for my clients. However, I recently learned of VT Insurance Agency which does drone spraying drift policies at affordable rates.

Drone Sprayer Frequently Asked Questions

What are the major benefits of drone sprayers?

People do not have to be around the sprayer which is a big benefit compared to backpack sprayers. You can also get drone sprayers into hard to reach areas like power lines, swamps, protected natural areas, urban congested areas, etc.

What can drones spray?

Pollen, fire retardant, water, herbicide, pesticide, fertilizer, de-icing fluid, etc.

Can drones carry water?

Yes, they can spray water, fire retardant, pesticide, herbicide, and many other liquids. They can also spread granules such as fertilizer and pesticides.

Are there laws for spraying drones?

Yes, there are federal and state laws. Aircraft safety is regulated by the Federal Aviation Administration (FAA) which has two different sets of regulations for spray drones depending on the weight of the aircraft. There are also federal and state pesticide application laws that apply to the dispensing of herbicides and pesticides.

What is the best drone sprayer?

Some drones are more cost efficient the larger they are but due to their heavier weight, the extra regulatory burdens for larger drones sometimes completely make the cost efficiency not worth it. Also, some drones are set up in a way that they could not comply with the pesticide labels and would be illegal to use. It is important to do your regulatory homework before purchasing a drone.

Spray Drone Research, Reading, Presentations, Data, etc.

Mosquito Control Reading on Drone Spraying

FAQs Surrounding Exemption and Certifications Process

I have helped obtain for clients 500+ exemptions.  I managed to obtain records of the drone spraying operating certificates out there and discovered that on 6/3/2022, 30% of the United States operators were my clients who I helped get all the way to an operating certificate. My closest competitor made up only 13%. As of 6/3/22, I had more operating certificates than all attorneys and consultants combined in the United States.

Based upon all that, here are your answers…….

How quickly can we get moving?

I can typically file the paperwork in 1-7 business days after I receive the contract and payment.

Can I add aircraft later?

To your operating certificate, yes. For the under 55 pound exemption, yes, because under 55 exemptions are aircraft agnostic. The remote pilot in command determines the aircraft’s airworthiness of the aircraft. You can have a blimp, X-Wing, helicopter, airplane, or whatever. The remote pilot determines the airworthiness. This also means any future aircraft, not even created, can just be in the future purchased, registered, and then be added to the operating certificate.

For 55 pounds and heavier exemptions, the aircraft must be on a list of approved aircraft. We used to have them listed individually in the exemptions but the FAA got away from that and issues exemptions where it says you are cleared for anything on the list. The FAA updates just the list and then everyone benefits from the new aircraft they add.

Is there a list for all aircraft USC 44807ed?

Yes. The FAA has one here. This is the agricultural aircraft approved list.  https://www.regulations.gov/docket/FAA-2023-1271/document 

I can’t make up my mind about which drone to buy. Do I need to give you an answer now on which ONE aircraft I want to spray with?

You are going to need to have a registered drone pretty quickly to get your exemption granted. You do not need to give me one now but you better have it narrowed down to 2 or 3 drones. You better also be making your decision within the week or so to get your registration certificate issued in time before the FAA denies your petition.

Do I have to own an aircraft to start the process?

You need an exemption and operating certificate. You can petition and be granted an exemption and not own the aircraft. You WILL need a registered drone shortly after filing the petition. You’ll just need to own or lease one aircraft that is registered to make it through exemption process.

Do I have to have a remote pilot certificate to start the process?

No, but you’ll need to have it completed shortly after filing for the petition because the FAA will be asking for it.

How does it work with aircraft over 55 pounds? Why can’t we combine everything into one exemption?

Basically, 55+ pound aircraft operate under a different set of regulations (which means we need those specifically exempted in the exemption). The easiest way to do things is just to have 2 exemptions. Don’t try and combine things. 1 for under 55 and 1 for 55+. Why? because the under 55 exemption does not have any buffer zone issues regarding how far you need to stay away from people or airports while the 55+ exemption DOES which can get problematic when you are near people and airports.

My aircraft CAN fly over 55 pounds. Does that mean I cannot get an under-55 exemption?

No, you can have an aircraft capable of flying 55+ but you just limit the payload to keep it under 55 to fly under the exemption without any buffer zone or airspace issues. You could in theory have one aircraft and two different exemptions. You would “mow the lawn” with the 55+ exemption and “weed wack” the edges with the under 55 when you are near people, houses, cars, etc. In reality, this is hard to achieve. Do the math and you’ll notice most drones WITH THEIR BATTERY WEIGHT ADDED IN are over 55 pounds with no payload. Many manuals and specs online show only the empty aircraft weight. Batteries are heavy and tend to push up the weight.

Can I add exemptions and waivers later on or do I need to get them now?

Yes. You can add exemptions and waivers to your operating certificate. You aren’t locked into the first exemption. Can’t make up your mind on what to do? Just pick one petition for exemption to start immediately so you can get to the operating certification as fast as possible. Add on whatever else you want when you figure out things later on.

I want to swarm under 55 pounds and 55+. What are the problems here?

You can add on a swarm waiver (14 CFR 107.35) for the under 55-pound operations after you obtain the operating certificate and exemption.  For 55+ swarming, we can start doing this.  Under 55 107.35 waivers take around 60-120 calendar days to get approved while a 55+ exemption for swarming can take 30-60 calendar days.

What is the minimum number of drones I need to do the operating certification?

One registered drone.

Some company is currently offering to do all of the exemption filing services for me. Why pick you?

Simple. I’m an attorney that is licensed to practice law in the jurisdiction where I operate which means I can provide you legal advice – legally. Other people who are not lawyers and companies which are not law firms sell legal services. Why would you hire someone to help you be legally compliant when they are providing you legal services and they themselves are not licensed to practice law? Do they have legal practice insurance to protect you if they make a mistake in drafting your exemption paperwork incorrectly? I don’t know if any insurance company would even issue this if a person was not licensed to practice law. I have malpractice to protect you. Our conversations are also protected by the attorney-client privilege. All conversations and emails between you and any non-attorney consultants are fair game for law enforcement or plaintiff attorneys to go after. Working with a person who is not licensed to practice law where they operate can open all sorts of issues regarding whether emails, phone calls, conversations, etc. are all protected by the attorney-client privilege. The first person I would subpoena in a lawsuit would be the consultant because they cannot say attorney-client privilege and will be forced into a bad situation: (1) testify against you, (2) commit perjury and risk going to prison, (3) be held in contempt of court and risk going to jail. Law enforcement knows this also. So do competitors. And anyone who has emailed me and reading this portion of the email. In such a highly regulated area, why would you expose yourself to such risk? The attorney-client privilege is to encourage open conversations without them being used later in court so you can find out the regulatory problems and remedy them now. Isn’t the idea to find problems and fix them before they become big problems later. Just take a step back and ask yourself why the reseller is offering to file legal paperwork or recommend someone else to when this type of activity is a regulated activity. This indicates at best an ignorant business or at worst they just don’t care about the law which was designed to create a certain standard of care to protect YOU as the consumer. You should also ask the reseller if they are being paid any referral fees or are upselling the services for selling this service. Are they selling services and taking their fee off the top? This means they are doing what is in their best interest for their bottom line. As a Florida attorney, the Florida bar completely forbids me from paying referral fees to non-attorneys or any of these resellers.

What other factors should I consider when hiring someone to help me?

I assist clients with obtaining all sorts of other waivers that are beneficial with drone spraying operations such as beyond line-of-sight waivers, swarming waivers, over people waivers, etc. If you go with the other guy, I don’t know what they did for you, and I may not even be able to get you a waiver using their documents and manuals. In other words, you may pick a low-cost option now but it ends up stopping you or cost you more to go for more exotic approvals to stay competitive in the future. Can anyone else obtain a beyond line-of-sight waiver, over people waiver, swarming waivers? I can. Keep in mind that some of the other consultants may have marked their documents as proprietary and confidential. Unless you obtain an approval from them for me to look at their work, I will NOT look at their documents and risk getting sued. This means getting you a swarm, beyond line-of-sight waiver, etc. will be almost impossible without me reviewing their documents.

Once I obtain all of the federal approvals, I’m good to go right?

Depending on what you are spraying, state laws may also apply. You may need to obtain state pesticide licensing approvals for restricted use pesticides. Important note: you do NOT need to have your state pesticide licenses in order to obtain your federal operating certificate. If you do have your state pesticide licenses, you can tell the FAA that you have them and they can accept that as verification of your pesticide knowledge so your final inspection could be shorter in time.

What should I know about when selecting a 55-pound and heavier aircraft?

55 and heavier aircraft must be airworthy (see 14 CFR 91.7) or be determined by the DOT to not need an airworthiness certificate (see 49 USC 44807). This means the FAA or DOT must make these determinations and this can take a LONGGGG time. Right now, 99% of stuff is utilizing the DOT’s 44807 determinations. The process to determine can take like 8 months to 1.5 years. Once the aircraft has been determined, the DOT doesn’t need to reevaluate it again and everyone can benefit from that first determination. Basically, don’t try and pioneer things but let others try and do the heavy lifting on getting the first one through. Here is the list of aircraft determined under 44807. https://www.regulations.gov/docket/FAA-2023-1271/document?sortBy=postedDate

One issue with filing for a non-determined aircraft is the petition for exemption process could take a long time while the DOT is evaluating the aircraft. Because of this, sometimes people hire me to file one petition for a determined aircraft and file another for an undetermined aircraft The other issue is the manufacturers are slow in creating documentation to support the aircraft. The maintenance manual is my biggest problem.

This creates a big issue. Some people want to petition for some super cutting-edge drone. The manufacturer has not created the maintenance manual. We will have to petition from multiple regulations that involve preventative maintenance and the only way we can get out of some of the maintenance regulations is using the manufacturer’s manuals. We’ll state this in the petition. If we file a petition saying we are going to use the maintenance manuals, which are presently being created, we could be asked by the FAA for them to review them. You will have some time to respond.  And no, you, nor I, can create the maintenance manual that the manufacturer created. How can you and I say we know our maintenance manual is good enough?

If you want something other than what is listed, contact me and I’ll let you know if we can attempt it.

Problems with Flying Under Another Certificate

Many ask me, “What do you think about flying under another person’s certificate while I wait for mine?”

People are selling this idea as a temporary fix, but the problems are totally never talked about.

Non-Compete Clause

Some of the operators have you sign documents saying that when you fly under them, you cannot compete with them for a certain period of time. Here’s the big problem. You end up going to the entire referral network and then selling the spraying services to them. Those friends become clients of the operator. If, or really when, you choose to leave, you cannot solicit them for a period of time. So please explain to me who are you going to be servicing when you start spraying on your own.

They Know Who and Where Potential Customers Are

So let’s say you say, “Jon, I’m NOT stupid enough to sign an agreement with some non-compete. I found one operator that doesn’t have me sign that.”

Let’s play this out.   14 CFR 137.71 says,

(a) Each holder of a commercial agricultural aircraft operator certificate shall maintain and keep current, at the home base of operations designated in his application, the following records:

(1) The name and address of each person for whom agricultural aircraft services were provided;

(2) The date of the service;

(3) The name and quantity of the material dispensed for each operation conducted; and

(4) The name, address, and certificate number of each pilot used in agricultural aircraft operations and the date that pilot met the knowledge and skill requirements of § 137.19(e).

(b) The records required by this section must be kept at least 12 months and made available for inspection by the Administrator upon request.

Furthermore, if the operator doesn’t want to get in trouble, or you as an illegal operator, the operator has to do the deal. Not you.

Who’s name is on the contract? Who is the check made out to?  Is the exact amount on the contract?

This operator knows who, where, what chemicals, and the price of the services.  If you leave them to compete in the area, they have a database of knowledge knowing what those services go for, and not only that, what price they need to beat. You think, “Ha! I know that also.”  Right. But you and I aren’t concerned about you knowing that but about some young buck starting his own operation in the area working under that operating certificate making a name for himself. He’s going to try and poach those clients. Seriously, just play this out.  You leave, and that operator loses extra revenue from that area. They contact another one of their pilots in the area or will attempt to create one by running into a person at some farm show. They say, “Hey, we have a bunch of businesses in your area. Why not come work for us?!”

So, even if you get a contract without a non-compete, you are still messed up. YOU…and I repeat….YOU are the one that needs the non-compete from them.

Single Point of Failure

So let’s say you get on one of these operating certificates, as more and more people get on it, what’s the probability some other pilot does something that causes the operation problems? Sure. An operating certificate with 5 people is very unlikely to have issues.  An operating certificate with 50-100 problems……?  The more pilots, the greater the chance of issues. How good is the training? How good are the internal corporate controls regarding checking the pilots?

The biggest issue is when something happens and the certificate is suspended or revoked.

Severe Downside

If the operating certificate you are flying under is temporarily suspended or permanently revoked, that leaves you hanging.  Uh oooo. Remember those contracts you signed saying you would spray the farmer’s field?  You are stuck in a rock and a hard place. Fly illegally or be in breach of contract.  And before you fly illegally, consider this, the fines the FAA dishes out for aircraft-related violations don’t really scare me so much. Hazardous material violations at the federal and state law levels are much more severe. And if you get popped, now you are on the FAA’s list and that creates all sorts of fun when trying to obtain your own certificate. Remember that thing you were working on?

And let’s say you try and fly under someone else’s operating certificate and start searching around. You and everyone else at the same time are trying to shift and fulfill their contracts. It’s like a bunch of people running for life rafts on the Titanic. You might end up having to hire another operator (sure hope they don’t jack up their prices due to this opportunity) or spray in an inefficient and more costly manner.

In that contract you signed, is there anything in there regarding them paying consequential damages? If you say, “But I’m smart Bro. My farmer friend has a contract between him and the operator. Not me!” That’s one way to cover yourself…..but you still lost the pay.

Insurance Policy Limits Might Not Be Enough

It’s important to read any insurance policy for the operator. What’s the total limit on all payouts? Are attorney fees included in that limit or separate? Will you as an employee be covered?  (Please tell me you aren’t considered a subcontractor…..)

Let’s say there is $2,000,000 aggregate limit.  If there is some type of lawsuit, the operator, the Chief Supervisor, and the pilot will most likely be named.  You all might have different levels of fault.

Now play this out. What happens if a second lawsuit happens? The first lawsuit ate up some of the pot. How much is left over? How much did their attorneys eat up and how much will the 2nd lawsuit’s attorneys eat up?

Does Anyone’s Insurance Cover Anyone?

If you have insurance, that covers YOUR operation and aircraft, is it going to cover you and your aircraft when flying under another’s operating certificate?  Yahhhhh. I can see that being a big issue. You may be paying insurance for your company but it won’t pay out when you fly as an employee under the other guy.

Aircraft Ownership Problems (Lease, Taxes, etc.)

The 137 operators will have on their operating certificate a letter of authorization (LOA) which lists out all the aircraft. The FAA wants to make sure you have some possessory interest in the drone (you own it or lease it).  To evidence this you’ll need a lease or some equivalent document of ownership. And here comes the problems……..

A lot of states tax property (especially property leased).  Who is paying that tax? Is that spelled out in the lease contract? Who is reviewing the lease? The lease will most likely be structured to benefit one side. Are you paying for an attorney to look it over and negotiate it? Will the FAA be happy with that lease?  If the taxes on the lease are not paid, can the state or local government seize your drone or put a lien on it?

Eats into Your Bottom Line

These operators take some cut of the deal you bring down. OK. Fair enough. They are taking on YOUR risk. But here is the risk they aren’t telling you, what happens if something happens? The FAA comes to a calling. They freak out. Hire an attorney and pay them $$$$.  If there is a fine, they pay it. Where does that money come from? Most likely your future spraying.

Moreover, if they have a claim on their insurance policy when the operator goes to renew their insurance……ya…..there is a good chance that the new premium is going to be higher.  And most likely the bigger cut of the pie they will take.

If you are shopping, you should ask the operator if they have had any events in the last year or claims on their insurance policies. If you do not get a straight answer, that’s……your answer.

Treat You Like an Employee and Make You Pay More In Taxes

Part 137 Operators are sometimes inconsistent in how they treat their pilots. They treat the pilots like subcontractors when it comes to workers comp and paying taxes but expect them to act like employees when flying under their operating certificate. How it practically affects pilots is you end up getting a 1099 in the mail and have to pay self-employed taxes on that income rather than the operator paying that portion.

If you don’t like this happening to you and think you are really being treated like an employee, file a form SS-8 with the IRS and see what they say. If they say you should have been treated like an employee, you might be able to amend your taxes and get a refund (check with your accountant). I don’t know how confidential everything is when you file a SS-8 and whether the IRS says you were the one or not.  To fix that, just file the SS-8 as you are leaving and starting to fly under your own operating certificate.

How to fly under another’s certificate.

So, after reading all of the above and accepting the risks, let’s talk about how you would fly under another’s certificate and legally spray.

This assumes you have a drone registered (or the operator does) and a remote pilot certificate.

Step 1. The person or business you will be flying under will need to have an exemption.  If you are flying an under 55-pound drone, the operator will need an under 55 exemption. If you are flying a 55-pound and heavier drone, the operator will need a 55-pound and heavier exemption. An operator can have 2 or more exemptions. Check for this. Exemptions are all posted on regulations.gov

Step 2.  Check to see if the person has an operator certificate. The operating certificates are never posted publicly. It’s a 1 page PDF. Make sure they can spray economic poisons if you are spraying RUP. The 1 page PDF operating certificate will say if the operator can spray economic poisons or not. You’ll have to get it from the operator.

Step 3. Complete the operator’s training. The exemptions require the pilots to complete the operator’s training program. If they are providing your flight training, they will need to treat you like an employee.  Flight training can only be given to employees of the operator.

Step 4. The operator will need to verify your knowledge and skill.  See 137.41(c).  You’ll need to do a knowledge and skill demo to the Chief Supervisor.

Step 5. You’ll need to then comply with the operator’s operating manuals, the exemption, and the regulations.  I highly suggest you read through the exemption and see what are the RPIC’s obligations. How do you handle maintenance? How do you handle repairs?  The exemption says follow the operator’s manual so you’ll need to read it. These manuals are all over the place so I cannot provide any more insights into what else you need to comply with.

Ultimately, if you are considering this, you should have a conversation with the Chief Supersivor and they should be able to explain everything THEIR manuals require of you.

My Services

So you want to hire me? :)  Confused about what to do?

To start spraying, your operations need (1) an operating certificate and  (2) an exemption.  You can have multiple exemptions on the operating certificate. You do NOT need to figure everything out at the beginning.  You need to get at least one petition for exemption filed so we can put in our paperwork. You can figure out what additional petitions you need later on. Many people hire me for one under 55-pound petition and one 55 and heavier petition.   One reason for this is under 55-pound drones do not have buffer zones like the 55+ pound exemptions do which make them good for “weed whacking” the edges of fields to spray or being in populated areas.

  1. Hire me for one petition.
  2. Hire me for one under 55 petition and one 55+ petition.

You have differing levels of service: basic and advanced.

Note that all of these prices below are for the new type of exemptions allowing day and night flying,  no visual observer, 1 drone, or 2 or 3 drone swarm.

Advanced Exemption Package

  • Cost: 3,000
  • Includes:
    • Petition for exemption drafted and filed to the FAA.
    • Create for you an operations manual and training manual to comply with the exemption. It includes day and night operations, swarming ops, and no visual observer operations.
    • Step-by-step instructions with videos on how to register your drone.
    • Step-by-step “Roadmap” instruction guide to obtaining an operating certification. This document contains info on:
      • Each step of the process.
      • How to fill out the forms. (8710-3, aircraft registration forms, etc.)
      • Explanation of the different documents you receive from the FAA after you obtain the operating certification.
  • Contracting Strategies and Provisions for Drone Operations. If you use contracts, you should have some provisions in them. This is a 28-page document designed to help prevent your business from making costly mistakes or going bankrupt by simply failing to include certain language in your contracts.
  • Drone Crashes to Learn From. This document has 44 drone crashes in it. It’s great as a teaching aid in helping students learn the painful and expensive mistakes of others. I also provide my commentary and insights on these crashes. Included in it is multiple spray drone crashes.
  • Subcontractors vs. Employees in Drone Operations. This document has 29 pages of insights from me on this topic.
  • 120 minutes of my time answering your legal and aviation questions and strategizing with you to take your business to the next level. Remember I’m a current FAA certificated flight instructor(CFI/CFII) and current attorney so I can answer a wide range of topics. Registration paperwork  or paperwork kicked back by the FAA? Call me and we’ll straighten it out.

Basic Package

  • Cost :
    • Under 55 pound exemption is 500
    • 55 pound and heavier exemption is 1,500.
  • Includes:
    • Petition for exemption drafted and filed to the FAA.
    • Create for you an operations manual and training manual to comply with the exemption. It includes day and night operations, swarming ops, and no visual observer operations.
    • Step-by-step instructions with videos on how to register your drone.
    • Step-by-step “Roadmap” instruction guide to obtaining an operating certification. This document contains info on:
      • Each step of the process.
      • How to fill out the forms. (8710-3, aircraft registration forms, etc.)
      • Explanation of the different documents you receive from the FAA after you obtain the operating certification.
  • Does NOT include:
    • Contracting Strategies and Provisions for Drone Operations. If you use contracts, you should have some provisions in them. This is a 28-page document designed to help prevent your business from making costly mistakes or going bankrupt by simply failing to include certain language in your contracts.
    • Drone Crashes to Learn From. This document has 44 drone crashes in it. It’s great as a teaching aid in helping students learn the painful and expensive mistakes of others. I also provide my commentary and insights on these crashes. Included in it is multiple spray drone crashes.
    • Subcontractors vs. Employees in Drone Operations. This document has 29 pages of insights from me on this topic.
    • 120 minutes of my time answering your legal and aviation questions and strategizing with you to take your business to the next level. Remember I’m a current FAA certificated flight instructor(CFI/CFII) and current attorney so I can answer a wide range of topics. Registration paperwork  or paperwork kicked back by the FAA? Call me and we’ll straighten it out. 

Note: If you are choosing the advanced package for 55 pound and heavier and you want under 55 also, just add on the under 55 petition basic package.  That would 3,500 out the door for 2 petitions for exemption and me helping you obtain the Part 137 operating certificate.

Note 2: The prices above are for the new types of exemptions for day and night, visual observer or no visual observer, single or swarming 55 pound and heavier ops. I”m not selling the old type of exemptions any more.  My previous pricing was for the older more restrictive exemptions that were day only, single drone, and required a visual observer. The manuals also were smaller while the new ones require material for swarming, no visual observer, and night operations.

How do we get started?

I need you to sign the contract and I need to be paid.  Contact me and we’ll send you the info. :)

Conclusion

Drone sprayers provide great opportunities for certain types of operations but not all situations. To help you achieve your drone sprayer goals quickly and legally, it is best to work with someone who has familiarity with the area.

If you are planning on navigating this difficult area, contact me. I’m a commercial pilot, current FAA certificated flight instructor, aviation attorney, and former professor at Embry-Riddle Aeronautical University. I have malpractice insurance. I am currently assisting clients in these matters and HAVE successfully obtained exemption approvals for clients to do drone spraying.  I’m also familiar with the non-aviation-related legal issues that are extremely important for drone sprayer operations.

May 2023 Changes

FAA just updated the 137 process big time by issuing 2 new exemptions. I just spent hours studying them.

Before we would apply to the local FSDO for the certification. NOW, after the exemption is granted, we file form 8710-3 to an email address. The FAA issues the operating certificate that way. This has the massive benefit of speeding things up as certain FSDOs are EXTREMELY slow.

You do not do an in-person inspection anymore to get the Chief Supervisor’s sign-off. You self-administer. Before the FSDO was a gatekeeper and weeded out the ignorant and unsafe. That’s gone now.

There is a lot more emphasis on WHAT needs to be in the manuals. This is because some manuals have in the past not met legal requirements due to the drafter being ignorant.

FAA, without you doing anything else, will issue an amended exemption for those: (1) Grants of exemption that have been issued and the operator has not yet gone through the certification process with the FSDO, or (2) where the operator is still on the CSOP list awaiting a grant of exemption and certification, wherein the petition for exemption is similar in all material respects to the nature of operations and the corresponding regulations that are granted relief in this exemption.

For 55-pound and heavier exemptions:

FAA put out Notice 8900.659 further explaining things further.

March 2024 Changes

The FAA granted an exemption to allow drone spraying operations differently than before.

What’s New?

It appears we can now start petitioning for an exemption to allow:

  • No visual observer is required.
  • Day AND night operations.
  • Single or swarming up to 3 drones at one time.

This is ONE exemption that allows all of those operations. Most people might not use everything but it’s kinda like a Swiss Army Knife with a bunch of tools you do need and others you might rarely use.

What did NOT change?

  • 3rd Class medical is still required. It was not dropped down to a driver’s license. I am working on a new exemption to drop it down to a 3rd class OR a driver’s license. Let me know if you are interested in this.
  • 500ft buffer zones are still there.
  • Blanket COA is still there with all of its limitations.

What are the equipment requirements to fly no VO, swarming, and/or at night?

DAY SWARM NO VO NIGHT
The aircraft must be listed at this docket. This means it was determined under Section 44807. https://www.regulations.gov/docket/FAA-2023-1271/document?sortBy=postedDate X X X X
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. X X X X
The Ground Control Station (GCS) and software must be designed for, and compatible with, the UAS to be operated. (We can obtain an authorization from this). X X X X
The GCS must display 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. X X X X
Operations of multiple UAS by a single PIC must be automated and have a back-up system capable of operating each UAS independently. The autopilot system must maintain UAS separation without input from the PIC. X
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. X
For multi-UAS operation at night, the UAS must incorporate unique identification lights configured to match each UAS’s color displayed in the ground station software. Your ground controller must display the color of the drone’s solid lighting. This means your drone controller needs to be able to allow you to adjust the coloring. Your drone must have a solid (non-flashing) light that is used for identification. This must match the ground control station. This identification lighting must be continuously illuminated, always visible to the PIC and VO (if used) regardless of the drone’s orientation, and of sufficient intensity to ensure the PIC and VO are always able to maintain a visual line of sight. These are NOT position lights (red, green, white) which are designed to help other pilots determine orientation of the aircraft. The FAA does NOT think you need position lights because with the small size of the drone, all of the lights end up coming together at a single point and it’s difficult, if not impossible, to determine orientation. You can buy aftermarket anti-collision lights or identification lights. Firehouse Technologies sells some. X X
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 the exemption. X

If your drone is not equipped with lights, just put on aftermarket lighting. The big gotcha for swarming at night is whether the manufacturer allows you to change the coloring of the drones on the ground control station.

Note that for the anti-collision lights and the solid identification lights, you need to evaluate how you want to protect them from pesticide residue.

You should consider the battery life of the lights and what happens if you have a failure.  For a 3 drone operation, you want 3 anti-collision lights and 3 identification lights with 1 backup spare.  If you are running all night ops, figure out the battery life and the recharge rate.

What drones currently comply?

All drones compy for no visual observer ops.

All drones can be made to comply with single drone flying night ops with an after market add on anti-collision light.

For day and night swarming, you need to go through the table above with the x marks to see if you equipment will work. I suspect the manufacturers will be updating their software to allow for these features. You are going to have to talk to the manufacturers and distributors to figure this out.

Until I figure out if my drones can swarm, can I fly without a VO and one drone at night?

Sure. Just comply with all of the terms and conditions of the exemption that apply to day, night, and no VO operations.  I pasted below the terms and conditions.

You did my exemptions and manuals before. What do I now need to do to get this?

Your already existing exemption still works and you can keep using it while we petition for a new exemption.  We would file a petition for this new type of operation. The manuals filed originally by me for your day, single drone, VO ops will NOT work. You will need to upgrade those manuals or get new manuals.  You are not limited in the number of exemptions you can obtain.  We can petition for another exemption.

Are there any operational important points we should be aware of?

  • 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.  Note that this means if you use a 2nd person as a helper to reload, that person cannot start loading until ALL 3 are landed.
  • During night, you should put the anti-collision light on top and if swarming, the identification light underneath or on the sides to help you ID the drone by color.

Can my drone swarm?

The two big gotchas appear to be that most drones that can swarm cannot because of these requirements:

  • Day and Night ops: “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”
  • Night ops only: “the UAS must incorporate position lights configured to match each UAS’s color displayed in the ground station software.”

You are going to have to carefully check with your manufacturer or distributor to see if you can have a drone connected to one controller with a backup also connected.   There appears to be maybe 2 combos here for a 3 drone operation: (1) one controller connected to all 3 drones with each drone having a backup controller which results in a total of 4 controllers for the 3 drones, or (2) each drone having its own controller and it’s own backup resulting in 6 controllers for a 3 drone operation.   You’ll have to check to see if your drone and controller can actually do this.

My ground control software cannot be changed to allow for changing of the colors. Can I fly swarming during the day? 

Sure. Just comply with all of the terms and conditions of the exemption that apply to no VO, day, and swarming operations. Changing the colors on the ground controller is ONLY for night swarming ops. I pasted below the terms and conditions.

What is required to fly swarming at night with no VO?

You must comply with all of the conditions and limitations below.

I heard the exemption is for only the Hylio drones. Can I get this new type of exemption if I own a non-Hylio drone?

Yes, the exemption allows you to fly anything listed on https://www.regulations.gov/document/FAA-2023-1271-0001 and that can comply with the conditions in the exemption for the operation being performed. Note that not ALL the of the drones on the list may be able to comply with all of the restrictions such as night and night swarm flying. See the conditions and limitations.

To remove any doubt, under this exemption all DJI’s and XAG’s can fly without a VO.

For single drone night ops, all DJI’s and XAG’s can fly as long as they use an anti-collision light visible for 3 statute miles.

For day and night swarming, you need to read the conditions and limitations to see if you can comply.

Conditions and limitations of the original new Swarming, NO VO, Day + Night Exemption

1. This exemption is non-transferrable. Only XXXXX 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 [email protected]. 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 FAAissued 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 thirdclass 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 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:
(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 [email protected].

May 2024 Update

The FAA changed the process by which everyone get’s an exemption going forward.

On May 17th, the FAA emailed me:

The FAA has become aware of exemption holders conducting commercial agricultural operations in a manner noncompliant with the conditions and limitations of their exemption. Therefore, the FAA is implementing operational validations to ensure that each exemption holder fully understands their obligations to conduct operations in accordance with their exemption, the required Part 137 certificate, their Air Traffic Organization-issued Certificate of Waiver or Authorization, and all pertinent sections of 14 CFR. This includes basic requirements such as obtaining a Remote Pilot Certificate and registering their UAS.

To that end, you will begin to see requests for information seeking basic operational information. Without this information, the FAA will not move forward with a decision letter and will close your petition request for failure to respond to the request for information.

UAS integration remains a major priority for the FAA, and the Agency is moving expeditiously to expand the regulatory framework for UAS, which would broaden applications for UAS nationwide. However, the FAA’s priority begins and ends with safety, and this means ensuring that all operators are conducting commercial agricultural operations in a manner that would not adversely affect safety, including following all conditions and limitations of their exemption.

The FAA wants to focus resources on people who are really serious about getting their operating certificates. If we are petitioning, the FAA will specifically be looking for some things. Here are the things they are looking for:

1. Please provide the applicant’s full legal name and address. Please note, a P.O. Box is NOT an acceptable address.

2. Who is the Chief Supervisor of Operations? The “Chief Supervisor of Operations” is the point of contact for the petitioner that will be able to answer any potential FAA questions regarding the applicant’s operations in a timely manner.

3. What is the contact information for the Chief Supervisor of Operations? Please include a phone number and an email address. Please provide the Chief Supervisor of Operations’ address if different from the applicant’s address. Please note, a P.O. Box is NOT an acceptable address.

4. Who will be the pilot in command (PIC) for the proposed UAS operations? Please provide the name and pilot certificate number for your PIC (for example “1234567”).

5. What aircraft do you intend to operate under this exemption? Please provide each aircraft’s make, model, and N-number (for example “N123UA”). Please also provide the name of the owner of each aircraft you intend to operate under this exemption.

In order to get an exemption, you’ll need to register at least one drone and have one person with a remote pilot certificate who will be the PIC PRIOR to the exemption being granted.  If you do not have those two things, the FAA will send you a request for more information asking for those things. You’ll have around 2 weeks to respond.  If you do not, your petition will be denied.

Additionally, the FAA is planning on issuing exemptions going forward for the new style exemption that allows day and night operations, no visual observer operations, and 1-3 drone ops. That is a big issue. That means if we filed a petition for the older style exemption, you are not going to get it but the new one.

FAQ’s Regarding the May 2024 Update

Drone Related Questions

I don’t have any drones registered. Can you still file a petition for me?

Yes, but you must shortly thereafter have the drone registered or in the process of being registered when the FAA sends us a request. If we show there is progress (like we file the paperwork and we are waiting to receive the final registration), the FAA can send us a request for more information extending things.  You really should be filing the registration paperwork immediately after you hire me. This will ensure that you have a chance of getting the registration paperwork done in time.

When do I need to purchase a drone?

Ideally, at the beginning. You need the aircraft’s unique remote ID number so you can register as fast as possible.

Do I have to own the drone? Can I lease it?

You can own or lease it. If you are leasing it, you must indicate who owns it and what is the N number registration for it.

What happens if I don’t have the drone registered in time?

The FAA will send us a request for more information. We’ll have 2 weeks to respond.  If we don’t they will close things out. We can respond saying we are in the process of registering the drone and need more time to finish. At this point we should show them some progress (receipt showing we mailed the material, proof showing the documents were received by the FAA, etc.).

How long does it take to register the drone?

For under 55 pounds using the FAA Drone Zone, it could take 30-60 minutes.  For 55 pound and heavier drones obtaining an N number, it could take around 2.5 weeks to 6 weeks. If you mess up anything, add another 2-3 weeks per mess up. This is why it is important to work with someone who does this all day every day. Theoretically, and providing nothing happens to slow things down and that you didn’t mess up the paperwork, you could have your registration done in time when the FAA asks.

I don’t have my drones registered yet. My petition is pending. What should I do? 

You should immediately file your paperwork. The FAA is most likely about to send you a request for more information. At least if you say things are filed, we can get an extension to finalize things and you won’t be denied. Get your paperwork in immediately.  I sent you a password protected portal with instructions on how to do this. Get to work! Email me if you have any problems.

Remote Pilot Certificate Questions

I don’t have a remote pilot certificate. Can you still file a petition for me?

Yes, but you or someone else must have it shortly after. “Shortly” =  like you must immediately hustle and schedule your test to be taken in the next 1-2 weeks. You’ll next need to put in your application in IACRA. TSA will take 1-4 weeks to clear you when you apply on IACRA. It might take 3-6 weeks to get it all done if you are pretty fast.

What should I do after I hire you?

One second later schedule your remote pilot knowledge test 2 weeks from now. You will cram and study for the exam. I have a ton of free material on my website. I have a huge study guide and practice questions. If you purchase the more advanced package of my services, you can email me and I answer your questions. :) I’m an FAA certificated flight instructor.

How long does it take to get my remote pilot certificate?

3-6 weeks. You have to schedule to take the remote pilot knowledge test. If you pass, you apply to obtain your remote pilot certificate via IACRA.

I don’t have my remote pilot certificate done yet. My petition is pending. What should I do? 

The FAA may request this info from you any day now.  You do NOT have to have a remote pilot certificate. Can you hire someone to temporarily be a PIC while you are getting up and running? You can also immediately schedule your test to be taken in the next 1-2 weeks. If we get asked questions by the FAA, we can at least say you have your test scheduled and we need another 2-4 weeks to pass it and get the temporary certificate back.

Exemption Related Questions

I already have an exemption. Am I getting upgraded? 

No. It appears only those that are currently pending will be getting upgraded.

You filed an older style and new style petition for me? What is going to happen?

The FAA consolidated the older exemption and new exemption into one docket. They are treating the newer style exemption as and amendment and the will work on the newer style exemption.

When can I expect my newer style exemption? Didn’t you say the older style was faster?

I don’t know. As of the time of writing this article 5/23/2024 , NOT A SECOND one of these newer style exemptions has been approved. Last I heard was the petitioners were stuck in review.  BEFORE you email me freaking out and asking what about now and try and “price check” me to death, you can verify what is going on right now. Go to this link and see if any new. https://www.regulations.gov/search?filter=%22multi-UAS%20operation%20at%20night%22&sortBy=postedDate&sortDirection=desc FAA decisions have come out.  A granted exemption says, “U.S. DOT/FAA Decision.” If it shows some business name or person name, that is just an application and NOT a decision.  Decisions say decision right in the name. You might have to scroll through some pages to see this. Additionally, before you email me asking what to expect on turnaround times. I don’t know. This is a new set up and there is a backlog. I don’t have enough data to estimate anything. I figure when it call levels out, it might be around 30-60 calendar days. If you are very concerned about things not getting done in time, keep reading down below for instructions.

I have an older style exemption and the manuals that go with it.  You filed it for me Jonathan. Will my manuals be compatible with the new exemption that allows for day and night, swarming, etc. ?  

No and Maybe Yes.  Let me explain.  It depends on which of the older style exemption manuals we are talking about.  The older style manuals allow for single drone, daylight only, and visual observer operations. If you are doing that under the newer style exemption, then that might work. None of the older manuals allow for no visual observer ops, night ops, or 2 or 3 drone ops.  You’ll have to update your manuals for that.  You can update them or if you want, hire me to update the manuals.   Why does this work, look at restriction 15, it says, “15. The Operator must have and keep current a comprehensive operations Manual that is tailored for their proposed operation and contain, at a minimum: . . . 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).” (Emphasis added).  If the manual was done by me within the last year, I can update your operations manual AND also your training manual for a flat fee of $500.  Email me for this.

Questions from Resellers:

How does this change my customer workflow?

The customer should purchase a drone really quickly. You should help streamline the registration process so it goes very quickly.

What are some things I can do to speed up the registration process?

I updated the portal for my clients to improve speed. I have found that mailing in paper to be the fastest. There are some tips I can recommend to speed things up. Call me if you want to discuss these tips.

What can I do to speed up the remote pilot certification process?

I would suggest holding study sessions and cramfests 1-2 times a week via Zoom.  Offer that part of your package or as an additional charge. The idea is to get them to pass the test fast. I would also suggest selling them another final training package to prep them for the real world. The knowledge test does not cover things like Part 137, the exceptions, operation manual, etc.   If you want me to put on my flight instructor “hat” for your students, reach out and we can discuss.

Other:

I’m concerned about my privacy. Will this information be public? 

We will only file confidentially so the public cannot access it.

I’m really upset that I could potentially be at risk of not having the exemption in time? What can I do? 

Just realize that I can’t do much more to speed up the process. PLEASE do not direct your frustration at me with emails, texts, phone calls, etc. I know you are frustrated. Follow this checklist to help speed up the process:

You contact your federal elected officials.  They will write a letter to the FAA liaison in Congress, and it will be funneled to the appropriate person.

Keep in mind that when you file the letters to the elected officials, it takes them time to draft a letter to send to the FAA and it to make its way to the appropriate person for response. You could have a lag of somewhere like 2-6 weeks.  There  isn’t a point to waiting really long and then complaining. Might as well complain now than later.

This all being said, think long and hard before you do this. Do you have your registration certificate back? Do you have your remote pilot certificate done? If you do or will soon, then continue. If you don’t, focus your anger on getting all of your stuff in order. THEN get to work.

    1. Draft your letter explaining what is going on and why you need your exemption granted soon for spraying. Save this because you are going to maybe use this 2 or more times.  Things to include in your letter:
      1. Themes:Losing jobs, costing me money, illegal operators taking work, etc. Include some of these themes into the letter.
      2. Your Docket ID on regulations.gov  I should have sent you a tracking ID saying your petition was filed. Go to https://www.regulations.gov/ and type in that tracking ID and hit search.  If it doesn’t pop up, in the search box then type in the name of who/what we petitioned for. Hit search. Find the docket. FAA Docket numbers always follow this format.  FAA-(Year)-Unique Number.   Here is an example FAA-2024-12345. Put that into the letter so the elected official and the FAA both can find your petition.
    2. Before contacting your elected official, another option is calling the FAA integration office help desk.  It’s free. The number is  844-359-6982.  You can call them and say you are greatly concerned about not having your exemption granted in time. They can try to put pressure on the appropriate people inside the FAA hanging things up.  If you want to go further, contact your elected officials.
    3. Find your elected officials. https://www.usa.gov/elected-officials
    4. Figure out if you want to have 1,2, or 3 elected officials send in a letter?
      1. I would type of a letter so you could copy-paste it into all 3 elected officials websites.
      2. Go to the website and find the place on the website where it says help with a federal agency. For example, Senator Cruz has a dedicated page for it. https://www.cruz.senate.gov/services/help-with-a-federal-agency
      3. Copy-paste the letter in. Do it again for the other 2 elected officials.

I have medical problems. What are the solutions?

I have had more and more people contact me about this issue. They are having trouble obtaining 3rd class medical certificates, and they want to get into spraying. PTSD, certain medications, certain medical conditions, etc. can all be problems.

For a long time, for 55 pound and heavier exemptions, day AND night operations required a 3rd class medical certificate.

In December 2024, I helped Veteran Drone Services obtain the first-ever 55+ exemption that does NOT require a 3rd class medical for Part 137 day operations. Here is how it works:

  • Day (single, swarm, no VO ops) = 3rd class medical OR “ the UAS must be operated in a highly automated manner in which control of the UA rests solely within the UAS automated software with only minimal manual control input necessary for UA launch and recovery, or abnormal situations.”
  • Night (single, swarm, no VO ops) = must have 3rd class medical under EVERY scenario.

If you need one of these no 3rd class medical exemptions, contact me as I have been filing them for clients.  I’m also presently starting to take on clients to start filing for 55+ 137 BVLOS exemptions.

Here is the actual language from the new exemptions:

22. For all night operations, the PIC must maintain a minimum third-class medical certificate and not have any night operating limitations on their FAA issued airman medical certificate, nor any medical condition that 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. Except as provided in Condition and Limitation 24, the PIC must 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, or taking any medication or receiving treatment for a medical condition that would make the PIC unable to meet the requirements for at least a third-class medical airman medical certificate if the PIC is exercising the privileges of that airman certificate. A VO (if used) or any other direct participant shall 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 may conduct an operation under this exemption during day operations without an FAA-issued airman medical certificate under the following conditions: the UAS must be operated in a highly automated manner in which control of the UA rests solely within the UAS automated software with only minimal manual control input necessary for UA launch and recovery, or abnormal situations. If the PIC is not exercising the privileges of an 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 prevent them from performing operational duties.

If you need to fly at night under the 55-pound and heavier exemption, and you need to obtain a medical certificate, here are some solutions:

Fly under 55 pounds.

The under 55 exemption does NOT have a 3rd class medical certificate requirement. This might force you to change your business model or ideal customer but it can be done. The benefit to the under 55 exemptions is they do not have a buffer zone so you can get closer to people and property.  Think golf courses, residential properties, nurseries, athletic fields, schools, cemeteries, medians on highways, etc. People and vehicles are always surrounding these.   You can do this immediately.

Obtain the exemption and you fly as part of the crew.

The pilot in command has to be the person with the 3rd class medical. You hire someone to be the pilot in command.  You just fly as a visual observer, person manipulating the controls, loader, etc.  This is an immediate solution.

Work with a lawyer specializing in medical certificates.

I don’t focus on medical issues.  There is a lawyer I can recommend who focuses on this. https://thepilotlawyer.com/faa-medical-certification-representation/

Drone Spraying Music

What serial number should I put down on the registration paperwork?

This has recently become a big issue. Before you just put something down, and before you rely on the manufacturer or seller’s information, triple-check things. The reason for this is that manufacturers, consultants, 3rd parties, etc., were filing paperwork, but not everything was precisely coordinated. The consequences of not triple-checking things are that your drone will be illegal to fly.  I’m not going to mention the manufacturer or model here. Instead, I’m going to teach you how to check for things so it applies to ALL aircraft now and into the future! :)

How we got here.

To fly in U.S. airspace, you need a drone with remote ID.  You either have a remote ID broadcast module or the manufacturer has built in standard remote identification.  To obtain a remote identification declaration of compliance (DOC), it takes some effort. The company importing and selling the drones is sometimes NOT the manufacturer. This means they have to work closely with the manufacturer. It’s not illegal to import a non-standard remote ID drone.  It’s illegal for the operator to fly it. Some companies are choosing to import drones that are non-compliant and either have the customer retrofit the remote ID broadcast module or are in the process of obtaining a remote identification declaration of compliance for the drone.

Currently, many 55-pound and heavier drones are being sold that do not have remote ID. The list of the current 44807 determined aircraft is here. https://www.regulations.gov/docket/FAA-2023-1271/document?sortBy=postedDate   The list of drones with remote ID is located here. https://uasdoc.faa.gov/listDocs

If you start searching, you’ll discover a bunch of the drones do not have standard remote ID.   On top of that, there are also aircraft and broadcast modules with declarations of compliance that are not compliant. Yes, just because something is on the list does not mean it is legit. FAA is not doing a great job of gatekeeping.

What are the consequences?

  • If your drone is not a standard remote ID drone, you will need to purchase a broadcast module and add it to your drone. You must also register the drone with that broadcast module’s remote ID.  You will be limited to only visual line of sight flying. See 14 CFR 89.115.
  • If your drone is currently in the process of obtaining a declaration of compliance, but it has not been granted, you have to figure out whether to put down the standard remote ID given to you and hope the declaration of compliance is granted in time, or purchase a broadcast module and register the drone with the broadcast module.
  • If your drone is a standard remote ID drone and it is not compliant, all of your flights are illegal. Switching things out will take 1-4 weeks.

If you go with a broadcast module solution, there are some downsides.

  • It’s ONLY one broadcast module. That’s the one tied to that drone. If it’s broken or you run out of batteries, it’s game over. You’ll need to switch out the remote ID number associated with your drone.  For under 55 pounds, you can switch things out on the FAA Drone Zone quickly.  For 55+, you’ll have to change things out with the N-number registration. That is REALLYYYYYY SLOWWWWW.
  • Broadcast module drones can only fly within line of sight.  See 14 CFR 89.115.  In the future when we start flying beyond line of sight under the 55+ exemptions, (let me know if you want one of these), you will have to buy a drone with a standard remote ID, switch out the registration from the broadcast module ID for the standard remote ID, or obtain an approval to not comply with the regulations.

TABLE OF SCENARIOS

SCENARIO ISSUE SOLUTIONS DOWNSIDES UPSIDES
No Standard ID Cannot fly unless broadcast module is installed and registered to the drone. Install a broadcast remote ID module. Costs ~$100+, limited to only within line of sight. None really.
Working on it Uncertainty if DOC will be ready by the time of operations. 1. Wait and hope for DOC approval
2. Install broadcast module		 Waiting: DOC may not be approved in time, causing operational delays.
Broadcast module: Costs ~$100+, limited to line of sight, need to swap out later if DOC gets approved.		 Waiting: Free, no extra equipment.
Broadcast module: Reliable fallback. Can swap out later with standard ID if DOC is approved.
Remote ID Present, but Not Legal

What do I do?

It depends on which scenario you are.

  • Aircraft does not have a declaration of compliance (DOC) and there appears to be no intention to obtain one:
    • Buy a broadcast module and register the drone to the broadcast module’s unique remote ID number. You are limited to visual line of sight flying.
  • Aircraft does not have a DOC but they are pursuing obtaining one. You have two choices:
    • Assume they will get it by the time you need to start flying and register the drone to the standard remote unique ID associated with your drone. Pray they get the DOC done in time for you to fly.
    • Buy a broadcast module. Register the drone to that broadcast module. This is a 100% reliable outcome. The only downside is you’ll have to buy a broadcast module and you are limited to visual line of sight. Once the DOC is issued, and if you want to fly beyond line of sight, we can file paperwork to switch it out and it take 1 to 4 weeks.
  • Aircraft has a DOC:
    • Find your aircraft on this list. https://uasdoc.faa.gov/listDocs   If you find it, find the serial number range. You’ll have to view the original DOC.  It will pop up with a serial number range.  For example, the DJI T50 serial range on the DOC is “1581F6BU000000000000-1581F6BUZZZZZZZZZZZZ”   Make sure your standard remote ID is within this range.
      • If you are in the range, just register the drone with the standard remote ID number.
      • If it is not, the DOC may be legit but the aircraft is not compliant because it is OUTSIDE of that serial range. Contact the manufacturer and seller to see what is being done about this. You’ll have to attach a broadcast module that has a legit DOC.  Register the drone to the broadcast module unique remote ID.

My Advice:

My current piece of advice is to just buy a broadcast module, register the drone to it, and move on. At the moment, it’s too risky to rely/wait on others. If you need to do beyond line of sight flying later on, we can help you switch out the remote ID on your registration so you can get legit to fly BVLOS.  See 14 CFR 89.115.

What broadcast module should I buy?

Step 1.  My buddy Gabriel Cox at Cox Data Labs does audits on remote ID drones and broadcast modules.  His list of things he has audited are here. https://coxdatalabs.com/remote-id-audited-certificates-of-compliance/   I would just go with whatever is on his list.

Step 2.  Verify it is still on the list. You can search here. https://uasdoc.faa.gov/listDocs  for which ones have DOCs.

Step 3.  Buy.

Step 4.  Verify the broadcast module you have serial number falls into the range of the DOC in step 2.

FAQs

  • Can you help me fix this? Yes. If you are a current client, message us and we’ll tell you next steps.  If you are not a current client, reach out to your distributor/seller and ask them for help. If they cannot help you, they can always contact me and hire me to assist them.