FAA Drone Spraying Exemption

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Are you interested in learning everything about the FAA drone spraying exemptions? This is designed to be the ultimate guide. I’m an aviation attorney and FAA-certified flight instructor with years of experience with Part 137 and hundreds of granted FAA exemptions.

Before you get overwhelmed by the size of this article, there is a play button above you can hit so your phone can read this article to you while you are driving or in a tractor.   Let’s dive in! :)

By the way, I huge 20,000 word article on drone spraying here!

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How Does a Drone Spraying Exemption Work?

The Federal Aviation Regulations were originally set up for manned aircraft. As drones came onto the scene, they did not fit nicely into the regulations. The way to fix this is to obtain an exemption from some difficult regulations. Instead of following those exempted regulations, you follow the conditions and limitations of the exemption. People sometimes call them the “C & L’s” (pronounced C and L’s). One common misconception is that since you have an exemption, you do not have to comply with all of the regulations. This is incorrect. You still must comply with all of the regulations NOT exempted. The exemption only exempts you from certain specifically listed regulations listed in the exemption.

When the FAA drafts these terms and conditions for the exemptions, they send it around to different parts of the FAA who all sign off on the terms and conditions. It’s a considerable amount of effort to do this when creating these terms and conditions. This is why sometimes a brand new exemption that has been filed with the FAA could take somewhere around a year to a year and a half to get approved. However, if the FAA has already granted a set of terms and conditions before, they can rapidly approve that provided that you are similarly similar under what’s called a summary grant. To get exemptions rapidly approved for customers, lawyers typically go for summary grant petitions based upon previously granted exemption terms and conditions. This is why the terms and conditions of many of those in the drone spraying industry are very similar.

There are two categories of exemptions: under 55 lb. drone exemptions and 55 lb. in heavier drone exemptions.

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Background of Part 137 Drone Spraying Exemptions

The first drone spraying exemption came out in 2015 with the Yamaha exemption.  The Japanese have been really big into drone spraying since the 1980s. Years ago, I wrote a paper comparing the Japanese drone spraying integration to the US drone integration. The FAA started granting more and more exemptions and issuing Part 137 operating certificates.

As Part 107 came out, making it easier to fly drones under 55 pounds, you started seeing this splitting of the exemptions: you had two types of exemptions: under 55 drones flying under Part 107 and Part 137 and 55-pound and heavier exemptions flying under Part 91 and 137. We are going to call all of these Gen 1 exemptions.

Around May 2023, the FAA unilaterally updated a bunch of the exemptions for under 55 pounds and 55 pounds and heavier so they are all pretty much alike. I’m going to call those going forward Gen 2 exemptions. You had Gen 2 under 55 and Gen 2 55 pound and heavier.

In February 2024, the FAA approved a new type of exemption for 55 pound and heavier drones with terms and conditions allowing no visual observer, day or night flying, and the flying of 1-3 drones at a time.  I’m going to call these Gen 3 exemptions.  If you want one of these, contact me.

Starting in May 2024, the FAA changed their policy to only do Gen 3 type exemptions going forward.

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The Law Surrounding Part 137 Drone Spraying Exemptions

Exemptions are filed according to 14 CFR Part 11. They are typically filed on regulations.gov, and a docket is issued per applicant. It is free to file.

You might also hear the term 44807 being thrown around. This has to do with 49 USc 44807, which gives the DOT, later delegated to the FAA, to determine if an aircraft needs an airworthiness certificate or not.  This is only in reference to 55-pound and heavier drones operating under Parts 91 and 137.

You can file a petition for exemption for yourself as an individual. If you have time, I highly suggest you do it as it is extremely educational. If you don’t have time, you might want to consider hiring out.

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Training Material on Drone Spraying Exemptions

Are you looking for some training material to teach yourself or your pilots? For the exemptions, consider using this article with you and your students.  But how do you validate the knowledge you or your students have obtained?

I have created some quizzes below! They are free to use.  Just have the student go through the test. At the end, they have to type in their name and email.  When they hit submit, they will be given their test results and be added to my email list. Keep that test result as a record of completion. This way you 3rd party checked yourself on this and your students.  :)

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Drone Spraying Exemption for 55 Pounds and Heavier Drones (Gen 2) (Issued Prior to June 2024)

I have an exemption here you can download and study.  FAA-2023-0561-0003_attachment_1 I’m not going to cover everything but really only the meat of the text. Here is the text from the exemption.

Part 137 Spray Drone Airworthiness Certification

Our first area to cover is the airworthiness certification section.

Airworthiness Certification
Title 49 U.S.C. § 44807 (Section 44807) provides the Secretary of Transportation (hereinafter Secretary) with authority to determine whether a certificate of waiver, certificate of authorization, or a certificate under Section 44703 or Section 44704, is required for the operation of certain UAS. Section 44807(b) instructs the Secretary to base their determination on which types of UAS do not create a hazard to users of the National Airspace System (NAS) or the public. In making this determination, the Secretary must consider the size, weight, speed, operational capability of the UAS, and other aspects of the proposed operation. The Secretary delegated this authority to the Administrator on October 1, 2021. In accordance with the statutory criteria provided in 49 U.S.C. § 44807, and in consideration of the size, weight, speed, and operational capability, proximity to airports and populated areas, and specific operations, a determination has been made that certain aircraft do not create a hazard to users of the NAS or the public.

Thus, the Operator is approved to operate any UAS, weighing 55 pounds (lbs.) or greater, under this exemption that have been approved by the Secretary for agricultural operations. This list, along with the approved maximum take-off weight (MTOW), which includes the payload weight, can be found on the List of Approved Agricultural UAS under Section 44807. The list, which will be updated periodically, is posted to Regulatory Docket No. FAA-2023-1271 at www.regulations.gov.

So let me explain. The regulations require your drone to be airworthy. See 14 CFR Section 91.7.  However, your drone does not have an airworthiness certificate. This isn’t a deal breaker. The FAA has the ability under 49 USC Section 44807 to determine your aircraft does not need an airworthiness certificate. The FAA has made multiple 44807 determinations for drones weighing 55 pounds and heavier. The FAA has put those at this docket. It’s always getting updated with new aircraft, so pay attention to it. https://www.regulations.gov/docket/FAA-2023-1271/document?sortBy=postedDate  The cool part about it is when the FAA updates it to put another aircraft on it, you are automatically approved for it. This means you can start flying it (just make sure it is registered).

FAA Decision Section

Let’s now dive into the FAA’s decision section which says

The FAA’s Decision
The FAA has determined that good cause exists for not publishing a summary of the petition in the Federal Register. The FAA has determined that good cause exists because the requested exemption would not set a precedent and any delay in acting on this petition would be detrimental to the petitioner.

Under the authority contained in 49 U.S.C. §§ 106(f), 40113, 44701, and 44807, which the FAA Administrator has delegated to me, I hereby grant the Operator an exemption from 14 CFR §§ 61.3(a)(1)(i), 61.23(a)(2), (91.7(a), 91.119(c), 91.121, 91.151(b), 91.403(b), 91.405(a), 91.407(a)(1), 91.409(a)(1), 91.409(a)(2), 91.417(a), 91.417(b), 137.19(c), 137.19(d), 137.19(e)(2)(ii), 137.19(e)(2)(iii), 137.19(e)(2)(v), 137.31, 137.33, 137.41(c), and 137.42 to the extent necessary to allow the Operator to operate any UAS found on the List of Approved Agricultural UAS under Section 44807 for the provision of commercial agricultural-related services, subject to the conditions and limitations described below.

I added the emboldened text to really highlight some things. I’ll now explain this section. The FAA exempts you ONLY from these regulations. If the regulation is NOT listed here, you are NOT exempted from it and must comply with it. I must repeat. Unless the regulation is listed here in this section, YOU MUST COMPLY WITH IT. This is critical to understand as there are multiple regulations in Parts 91 and 137 that apply to your operation. You should read those regulations also as they apply to your operations. Note this is only for commercial agricultural related services.

Conditions and Limitations Section

Let’s now dive into the Conditions and Limitations Section. We will go one by one.

1. 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.

This is pretty much a procedural section. You fill out the 8710-3 form and send it to that email address. About 1-2 weeks later, you’ll receive your Part 137 operating certificate via email.

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.

Section 2 basically clarifies that prior to obtaining the Part 137 operating certificate, you can “conduct training flights, proficiency flights, experience-building flights, and maintenance functional test flights[].” Note that you cannot start drone spraying during this time. This is just flying the drone around without spraying.

3. Operations authorized by this grant of exemption include any unmanned aircraft system (UAS), at the approved maximum take-off weight (MTOW), identified on the List of Approved Agricultural UAS under Section 44807 posted to Regulatory Docket No. FAA- 2023-1271 found on www.regulations.gov. 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.

Section 3 approves you to fly anything on this list for agricultural aircraft operations. You don’t have to update your exemption. The FAA updates the list on this docket. Unfortunately, they didn’t link to the docket in the restriction. Here is the link to the docket for your convenience: https://www.regulations.gov/docket/FAA-2023-1271/document?sortBy=postedDate   You want to read the recently posted one.

4. This exemption does not excuse the Operator from complying with 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.

Section 4 of this exemption is really important in that it clues in to the operator that they must also comply with part 375 of the regulations. Part 375 deals with economic authority regulations and foreign civil aircraft operating within the United States. If you are a foreign aircraft, you must obtain one of these permits prior to operation unless you fall into one of the regulations listed in   Part 375. While most people just ignore this. There are situations where certain companies are considered foreign aircraft. You should really read Part 375 if you have any non-U.S. citizens owning your company or in management within your company.

5. The unmanned aircraft (UA) may not be operated at a groundspeed exceeding 30 miles per hour or at any speed greater than the maximum operating speed recommended by the aircraft manufacturer, whichever is lower. (Emphasis mine).

Section 5 limits your aircraft to a maximum of 30 mph unless the manufacturer gives you a lower number. Notice that this is a ground speed and not an air speed number.

6. 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 USC § 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. (Emphasis added).

The really important part of this section is that it references the air traffic organization-issued certificate of authorization. In your exemption, you should have been given a blanket 44807 COA. Please note that there was a period of time when the FAA was granting these exemptions, and they were not including in the exemption the blanket COA.  Here is a copy of one. Download the Blanket COA for 44807. As time goes on, you should double-check with the FAA that this is still the current one. If you want to read my mega article on the blanket COA, click here. https://jrupprechtlaw.com/blanket-coa/

Pay attention to the 24-hour wait period.  This gives manned pilots enough time to check the NOTAMs as part of their pre-flight briefings. Also, to prevent too many NOTAMS from clogging up the system, the FAA won’t allow you to file a NOTAM more than 72 hours in advance.

7. 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. (See, Condition and Limitation No. 10). The unmanned aircraft (UA) must be operated within visual line of sight (VLOS) of the PIC at all times. 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. (Emphasis added).

Notice that it says that the pilot in command and the operator are both responsible for the safety of the operation. A lot of times when I talk to people they think it’s one person or the other gets in trouble. This says both get in trouble. Also pay attention to it saying ALL times the drone must be within visual line of sight.  Keep that in mind when you are flying over tall corn when you are standing on the ground or when you are flying back behind some trees in some nook in a field.

8. The PIC may manipulate flight controls in the operation of no more than one UA at a time. Proposed operation of more than one UA at the same time (by one PIC) requires a new petition or a petition to amend this exemption.

These Gen 2 exemptions were limited to one drone at a time. The Gen 3 55-pound and heavier exemption allows for more.

9. All operations must utilize the services of at least one or more visual observers (VO). 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. 5; 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 at all times. The operation must be conducted with a dedicated VO who has 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 and PIC must be able to communicate verbally at all times; electronic messaging or texting is not permitted during flight operations. The VO must maintain visual sight of the UA 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 is unable to maintain VLOS with the UA during flight, the entire flight operation must be terminated as soon as practicable. (Emphasis added).

Not only will the remote pilot in command have to see the aircraft at all times, the visual observer must as well. That’s important when you’re doing your preflight planning that you should put the visual observer at a location where they will have a good visual vantage point over the entire area of operations to see the unmanned aircraft. Additionally, notice that it says that the visual observer cannot have any collateral duties during the flight. This means that you can’t have that visual observer acting as the mixer loader and being distracted and busy during the flight. The visual observer must be one person just looking at the air and ground for potential hazards. In the Gen. 3 exemptions, the visual observer requirement has been removed.

10. All documents needed to operate the unmanned aircraft system (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.  (Emphasis mine).

This is an interesting section because it takes this group of documents and then puts them together as the operating documents. It says that you must have all of these be acceptable during all drone operations and you must be able to present them to the FAA or law enforcement upon request. Another interesting point is that if the restrictions in your operation manual are less restrictive than the exemption, the exemption restrictions must be followed. And the next part is important.  If you draft your operating documents to be more restrictive than what the exemption restrictions call for, you must follow those because this section makes it so that you have to follow them. This is why you should draft manuals to be not more restrictive than what the exemption requires.

11. 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. Notice to Air Missions (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; and
l. UAS maintenance.  (Emphasis added).

If you want to make your own operations manual, here is a list of what should be in there. It makes a really nice table of contents. The real important thing that you need to pay attention to is that there should be something in there regarding the hazardous materials handling and stowage. The reason behind this is that the regulations actually require that there are many people that were in the industry that were copy and pasting documents from other people or wanted to pretend they were aviation attorneys. They didn’t understand that the regulations actually require hazardous materials training when you are carrying HAZMAT on the aircraft. Because of that, I ended up alerting the FAA to this issue, which is why this is in here.

If you previously had someone else, like a manufacturer or “consultant,” do your operations manual or training manual, you should definitely check to see whether or not hazardous materials was in the operations manual and in the training manual as there are numerous manuals around right now that are non-compliant and the people who filed them are not appearing to do anything about alerting the customers to this.

12. The Operator must have and keep current a comprehensive training program that is tailored for their proposed operation and contain, at a minimum:
a. Knowledge requirements of Section 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. This exemption;
l. Any ATO-issued COA that applies to operations under this exemption; and
m. Hazardous material (HAZMAT) handling and stowage. (Emphasis mine).

The same as above. HAZMAT training must be done to comply with the regulations. Anyone who knows the law knows this. If your consultant or manufacturer didn’t do this, they didn’t know the law. Period.  This also means you most likely are in violation of regulations for many of your previous flights.

13. Any UAS that has undergone maintenance or alterations that affect the UAS operation or flight characteristics (e.g., replacement of a flight-critical component) must undergo a functional test flight prior to conducting further operations under this exemption. Functional test flights may only be conducted by a PIC with a VO and 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. (Emphasis mine).

Notice that it says if any maintenance or alteration was done. This is really really really important. While we all intuitively understand that replacing, modifying, or repairing the physical hardware will trigger this, the one that many people don’t really understand is that a software update will also trigger this. This is a really really big issue. One drone manufacturer out there in the past did a software update that unintentionally broke the software coding that caused the sprayer to turn off when the drone was lost link. The drone literally would just spray all the way back home as it did its return to home path.  It got the FAA really upset. Unfortunately, that same exact manufacturer didn’t even apologize to me or my customer when this happened but instead bullied me to try to keep quiet about it.

Does this mean that every time you do a software update on your drone, you should always take it out to somewhere and put some water in it and test out the lost link function to see if the spraying feature will turn off?  I could see somebody might say that this is a safety issue in the sense that you are intentionally making your drone to be not immediately available to comply with the regulations because you’re not in control of it. But in the interest of safety and testing out the software, how else do you test out that safety feature unless you turn of the controller to test out lost link? If you have any questions about this contact your local FAA flight standards district office for the appropriate course of action.

Another bad situation that happened so many years ago was one firmware update that would cause some of the batteries to start having voltage drops.

14. 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.

One really important thing to do is log software updates and that a test flight was performed checking things out.

15. 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.

Notice it is prior to each flight. Also, you want to debug software updates PRIOR to going out into the field. Otherwise, you might be there for a while trying to solve the issue.

16. 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. (Emphasis mine).

This is a really meaty section. Notice that it says maintenance instructions. Whenever you buy a drone, you definitely want to make sure that you have maintenance instructions that are available. Check with the manufacturer or with one of the resellers and obtain the maintenance instructions. Some manufacturers put the maintenance instructions in the back. For example, in the back of the DJI T40 user manual is some maintenance material.  Keep in mind that the manufacturer may have more detailed repair instructions. Check with your manufacturer/dealer.   Additionally, notice that it also says service bulletins and safety bulletins. You should try to find out if there is an e-mail list that you can get on with the manufacturer or dealer to be alerted of problems with the aircraft.

Notice it also says life-limit requirements.  How else would you know this unless you were logging things according to the manufacturer’s life-limit unit.  (E.g. flight cycles, flight hours, calendar days, months, years).

17. A PIC must hold a 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.

It’s not enough to just have your remote pilot certificate. You must also still be current according to 107.65. The remote pilot knowledge exam expires after 24 months. That’s really really important. The FAA does allow you to take an online course to keep yourcurrency. It is free.  Print out the completion certificate and keep it with you as it proves your current.  Here is the course. https://www.faasafety.gov/gslac/ALC/CourseLanding.aspx?cID=677

18. The PIC must also hold at least a current FAA third-class airman medical certificate. The PIC may not conduct the operation if the PIC knows or has reason to know of any medical condition that would make the PIC unable to meet the requirements for at least a third-class 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 airman medical certificate. The VO or any other direct participant may not participate in the operation if the VO or participant knows or has reason to know of any physical or mental condition that would interfere with the safe operation of the UAS. (Emphasis mine).

So notice for this section that you have to obtain a third-class medical, but it actually goes beyond that in that you should be aware of what type of medications or treatments could potentially cause you to be unable to meet the requirements of at least third-class medical. You need to make sure that the visual observer does not have any physical or mental condition that would interfere with the safe operations of the unmanned aircraft so if you are using a VO you would want to during your preflight briefing maybe try to figure out if they’re under the influence of anything or impaired in some type of way or maybe could become so.

19. 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, (Section 137.19(e)(2)(ii), 137.19(e)(2)(iii), and 137.19(e)(2)(v), as specified in this exemption are not required). 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.

Previously, we used to have to go to the FAA to obtain one of these knowledge and skill endorsements for the chief supervisor. However, now the exemption allows the operator to have the chief supervisor do a self-administered training and knowledge and skill test to themself.

Notice that documentation needs to happen for (1) the training program and (2) also the successful completion of the knowledge and skill test. Knowledge is something inside a person you would have to obtain via either question-asking or by doing a written test. Skills would be by completing some type of set of maneuvers within a certain standard( plus or minus so many feet, within so many seconds, without doing some of the following ….etcetera etcetera.). What I would suggest is that the chief supervisor just do the training material on themselves and the way to document that they have knowledge; they would just give themselves a written exam and then keep that later on. Notice that this documentation must be provided to the FAA upon request what I would suggest is you do some type of set of written questions with some type of criteria that there is a minimum passing number (70%).  You should not just stop there, all of the deficiencies that you find should correct the student to 100% and document that correction on the same paper. If you want to be a real pro, pull the remote pilot knowledge test ACR codes that they missed and go over those with the students. Document that correction. Now you are doing Jedi master-level training.

20. 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.

You can log your time.  You are NOT required to log your time. It may be super helpful for insurance purposes tho. I would keep a log just for that. Submit all your training, experience, spraying time to see if you can get a reduction in premiums.

21. 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. (Emphasis mine).

This is a big problem for some people. Notice it says employees. This means you cannot flight instruct non-employees. Subcontractors, students, and customers all fall into this non-employee category. The workaround would be making them a temporary employee for the purpose of the training. That could be all sorts of other legal issues. Check with your state employment law attorney on how this would work in your state.

22. UAS operations may not be conducted during night, as defined in 14 CFR § 1.1. All operations must be conducted under visual meteorological conditions (VMC). Operations may not be conducted under special visual flight rules (SVFR).

Under the new Gen 3 exemptions night is allowed.

23. 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.

If you want to figure out the cloud base, you can use this cloud base calculator on my website. https://jrupprechtlaw.com/cloud-base-altitude-calculator/   You just need some type of sensor with you in the field that detects temperature and dewpoint.   If you want to be a pro, get one with a sensor to read the wind (called an anemometer) so you can comply with certain laws and labels that have wind speed restrictions to mitigate for drift. Note that I have an affiliate link coming shortly which means I receive a small commission without any extra cost to you. The FTC wants me to discuss that because it might influence your view of my recommendation seeing I can be compensated. Here is my full affiliate link disclaimer.

Here is an example of a handheld sensor that has temperature, dewpoint, and wind sensor .  It has a screwhole to mount on a tripod for hands free drone ops. It also has an LCD display with a backlight for night ops.  Note that for night ops, you might want to place a red filter over it to preserve night vision. Use that with the calculator on my website to determine cloud bases you need to stay below.

24. For UAS operations where 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.

You should be searching for GPS interference NOTAMs prior to flight as they are getting issued for military electronic warfare testing. You should strongly consider whether the return to home feature is necessary for safety reasons.

25. 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.

26. 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.

27. 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 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.

28. 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 ground control station 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.

29. The UA must remain clear and give way to all manned aviation operations and activities at all times.

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

These are pretty self-explanatory. The last one does NOT prohibit operating from a non-moving vehicle.

Section 31 is a super important one.

31. 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 UA 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 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:

i. UAS is equipped with an active geo-fence boundary, set no closer than 100 feet to applicable waterways, roadways, or structures;
ii. 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;
iii. The PIC must have a minimum of 25 hours’ experience as a PIC in dispensing agricultural materials or chemicals from a UA;
iv. The UA may not be operated at a groundspeed exceeding 15 miles per hour;
v. The UA altitude may not exceed 20 feet AGL; and
vi. 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 31(c) (2) through (6) and the following additional conditions:

i. The UAS is equipped with an active geo-fence boundary, set to avoid the applicable waterways, roadways, or structures; and
ii. 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.

(Emphasis added).

The best way to think of Section 31 is it applies to people and property.  31.a and 31.b deals with people while 31.c and 31.d  deals with property.

Regarding 31.a, it applies to the crew and other personnel who are directly participating in the safe operation. If you are flying for a customer or potential customer, consider making them a visual observer or person manipulating the controls for your operation so they can be considered participating. Just make sure they can comply with the rest of the regulations and the exemption.

Regarding 31.b, you can get closer than 500 to non-participating people when there are things protecting them. Are they in a building? A car? Are they behind a treeline or hedgerow that is thick enough to stop a drone? For demoing for a potential customer, you have multiple ways to do this.  Have them go into their vehicle and you could get into the vehicle with them and explain things. You can erect a large enough net that spectators can stand behind. You can also tether the drone with a parachord.  You have to get creative as to how you do this.

Regarding 31.c, please pay attention that it says 7 hours of specific make and model.  If you are gearing up for spraying season, I highly suggest you take some time and get these hours in on the make/model. Also, when operating close to property, you must reduce your speed from 30MPH down to 15 MPH.

Regarding 31.d, you have all of the restrictions from 31.c but you must also obtain permission. I highly suggest you get this documented somehow.  Email, piece of paper, a video recording on your phone, etc.  If you didn’t document it, it did not happen. And no, I don’t think you can get implied permission by warning everyone with a paper on a doorstep. What if they are out of town?

32. All operations shall be conducted from and over predetermined, uninhabited, segregated, private, or controlled-access property. The PIC must ensure the entire operational area will be controlled to reduce risk to persons and property on the surface3, 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 operation where 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 Exemption Holder prior to conducting agricultural aircraft operations and in accordance with the associated COA.  (3 The operator will control access to minimize hazards to persons and property in the air and on the surface.)

Section 32, says, “from and over predetermined, uninhabited, segregated, private,……OR…… controlled-access property[.]” The area of operations must be one of those 5.  In addition to that, the area must be controlled. You can control access through environmental controls (rivers, ponds, steep embankments, cliffs, deep creeks), physical barriers (fences or vehicles), or people. Section 32 makes sense in that you are examining the area prior to flying seeing if you can control access. You may need to have a person dedicated to stopping intruders. During the pre-flight briefing, you would discuss all of the hazards and assign people’s duties for stopping intruding people or vehicles.

33. 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]. Unless otherwise specified in this grant of exemption, the UAS, PIC, and Operator must comply with all applicable parts of 14 CFR including, but not limited to, Parts 45, 47, 91, and 137. In addition, the Operator must comply with all limitations and provisions of the Operator’s agricultural aircraft operator certificate, which the Operator must obtain prior to conducting agricultural aircraft operations in accordance with 14 CFR § 137.11. Failure to comply with any of the above conditions and limitations may result in the immediate suspension or rescission of this exemption. (Emphasis mine).

This requires two reports: a report as outlined in the FAA COA you have (everyone has a blanket COA by default) and a report to the email address. You must pay attention to NTSB reporting requirements. See 49 CFR Part 830. Multiple events must be reported to the NTSB immediately. See the list in 49 CFR 830.5.

If you deviate from the regulations in an emergency, other regulations come into play. 14 CFR 91.3 says, “(b) In an in-flight emergency requiring immediate action, the pilot in command may deviate from any rule of this part to the extent required to meet that emergency. (c) Each pilot in command who deviates from a rule under paragraph (b) of this section shall, upon the request of the Administrator, send a written report of that deviation to the Administrator.” (Emphasis mine).  See 137.1 has similar requirements, “In a public emergency, a person conducting agricultural aircraft operations under [Part 137] . . . may, to the extent necessary, deviate from the operating rules of this part for relief and welfare activities approved by an agency of the United States or of a State or local government.”  If that is done, you must report to your local FAA Flight Standards District Office within 10 days.  The big difference between 91.3 and 137.1 is that 91.3 requires reporting UPON REQUEST from the FAA while 137.1 type of event is no matter what.

The Effect of the FAA’s Decision
This exemption terminates on December 31, 2025, unless sooner superseded or rescinded.

To request an extension or amendment to this exemption, please submit your request by using the Regulatory Docket No. [Your unique docket number] (http://www.regulations.gov). In addition, you should submit your request for extension or amendment no later than 120 days prior to the expiration listed above, or the date you need the amendment, respectively.

Any extension or amendment request must meet the requirements of 14 CFR § 11.81.

This is a super important date. Your exemption expires on this date.  Part 137 operating certificates do NOT expire but exemptions DO expire.  It is wise to ask for an extension at least 120 days prior. If you want to file for an extension Section 11.81 lays out what is required to be put into this extension request.

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Drone Spraying Exemption for 55 Pounds and Heavier Allowing Day/Night, NO Visual Observer, and 1-3 Drones (Gen 3)

Issued June 2024 onward. Let’s dive in.

1. This exemption is non-transferrable. Only OPERATOR may conduct operations in accordance with this exemption.

This exemption is only for the person listed on the exemption. In this example, it is named OPERATOR as a placeholder. You cannot have your friend “barrow” it. You can, however, hire pilots as employees and have them fly under it. It’s really important to work with an attorney at the beginning to figure out the best entity from a tax and liability standpoint.

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.

Once again, it’s very important to figure out the proper entity name and type at the very beginning. The exemption and the 137 operating certificate names must match.  You cannot get an exemption for Bob Smith and then ask for a 137 operating certificate for Bob’s Drone Ops LLC.

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.

Section 3 basically clarifies that PRIOR to obtaining the Part 137 operating certificate, you can “conduct training flights, proficiency flights, experience-building flights, and maintenance functional test flights[].” Note that you cannot start drone spraying during this time. This is just flying the drone around without spraying.

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.

You are limited ONLY to the aircraft listed at FAA-2023-1271.  Here is the docket link. You want to pull the latest one and see if your aircraft is on there. https://www.regulations.gov/docket/FAA-2023-1271/document?sortBy=postedDate The FAA is constantly updating it and adding aircraft to it. This means in the future the FAA will on their own update it and you’ll then have the benefit of being able to fly that drone.

Also, note that you are capped at the weight limits as listed there. This means if you get some after-market tank and modify it to carry more, you are still limited to the max weight limit listed on the docket.

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.

Section 5 of this exemption is really important in that it clues in to the operator that they must also comply with part 375 of the regulations. Part 375 deals with economic authority regulations and foreign civil aircraft operating within the United States. If you are a foreign aircraft, you must obtain one of these permits prior to operation unless you fall into one of the regulations listed in   Part 375. While most people just ignore this. There are situations where certain companies are considered foreign aircraft. You should really read Part 375 if you have any non-U.S. citizens owning your company or in management within your company.  An aviation attorney should be able to tell you if 375 applies to you or not.

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.

Section 6 limits your aircraft to a maximum of 30 mph unless the manufacturer gives you a lower number. Notice that this is a ground speed and not an airspeed number.

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.

The really important part of this section is that it references the air traffic organization-issued certificate of authorization. In your exemption, you should have been given a blanket 44807 COA. Please note that there was a period of time when the FAA was granting these exemptions, and they were not including in the exemption the blanket COA.  If you want to read my mega article on the blanket COA, click here. https://jrupprechtlaw.com/blanket-coa/

Pay attention to the 24-hour wait period.  This gives manned pilots enough time to check the NOTAMs as part of their pre-flight briefings. Also, to prevent too many NOTAMS from clogging up the system, the FAA won’t allow you to file a NOTAM more than 72 hours in advance.

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.

Notice the operator AND the pIC are responsible for the operation.

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.

1, 2, or 3 drones flying under this exemption are permissible.

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.

If you are purchasing a drone, make sure your ground control station will show all aircraft being operated.

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.

This is an important point. Some of the drones out there presently do NOT have the capability to have a back-up remote control be paired with the drone at the same time as the main controller. The manufacturers are going to update this. Prior to operation or purchase, make sure you check for this.

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.

This is an important one. You are not required to use a VO, but if you do, the VO must go through training. One loophole some people have been using to fly closer to people is by making them participating people. A VO would be a participating person. You cannot just designate a person a VO or just have them say “I’ll be your VO.”  The VO must go through training. You can do some type of field training for the VO.

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.

Single-person ops does NOT require additional people.  It might be wise to have a loader with PPE to minimize the downside and be faster. You don’t want the pilot to get exposed and have issues while flying.

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.

This is one that catches people off-guard during ramp checks but is SOOO easy to comply with. Just have all of the documents available in paper or digital form for the FAA to inspector.  Just set up a Google Drive link, Dropbox link, etc. Have it all there ready to go.

Notice it says, “All other manufacturer UAS provided documents” which is pretty broad. Some of these manufacturers have a bunch of documentation on the aircraft. Download it all and keep it in a folder or find the link where everything is listed online and kept up-t0-date.

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).

You must have an operations manual that covers the following things. Note that if you have an older manual that was for daylight only, one drone, and uses a visual observer, that manual STILL works with this exemption. Notice that m.-p. says, “if operating[.]” If you want to do those operations, update your manual to include those sections. You can then do them.

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.

Just the like operations manual, older training manuals are still allowed for single drone, daylight only, using a visual observer operations. If you want to do the more advanced operations, you must add these things to the training manual.

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.

Notice that it says if any maintenance or alteration was done. This is really really really important. While we all intuitively understand that replacing, modifying, or repairing the physical hardware will trigger this, the one that many people don’t really understand is that a software update will also trigger this. This is a really really big issue. One drone manufacturer out there in the past did a software update that unintentionally broke the software coding that caused the sprayer to turn off when the drone was lost link. The drone literally would just spray all the way back home as it did its return to home path.  It got the FAA really upset. Unfortunately, that same exact manufacturer didn’t even apologize to me or my customer when this happened but instead bullied me to try to keep quiet about it.

Does this mean that every time you do a software update on your drone you should always take it out to somewhere and put some water in it and test out the lost link function to see if the spraying feature will turn off?  I could see somebody might say that this is a safety issue in the sense that you are intentionally making your drone to be not immediately available to comply with the regulations because you’re not in control of it. But in the interest of safety and testing out the software, how else do you test out that safety feature unless you turn of the controller to test out lost link? If you have any questions about this contact your local FAA flight standards district office for the appropriate course of action.

Another bad situation that happened so many years ago was one firmware update that would cause some of the batteries to start having voltage drops.

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.

How do you ensure the aircraft is in a condition for safe flight unless you are logging functional test flights after repairs and alterations? This means you need a physical paper or digital log for these aircraft that the RPIC can check prior to flight.

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.

If a software update occurs and no functional test flight is logged as successfully completed, the PIC must perform a functional test flight prior to spraying operations.

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.

It’s not just to purchase a drone and do nothing. You’ll have to keep up-to-date on the maintenance. You should reach out to the manufacturer’s representatives to figure out ALL of the ways the manufacturer can keep you updated on things.

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.

It’s not enough to just have your remote pilot certificate. You must also still be current according to 107.65. The remote pilot knowledge exam expires after 24 months. That’s really really important. The FAA does allow you to take an online course to keep yourcurrency. It is free.  Print out the completion certificate and keep it with you as it proves your current.  Here is the course. https://www.faasafety.gov/gslac/ALC/CourseLanding.aspx?cID=677

22. For night operations, the PIC must not have any night operating limitations on their FAA issued airman medical certificate, nor any medical condition which interferes with night vision and must be able to perceive those colors necessary to correctly distinguish the UA’s position and orientation at night.

Pay attention to medical conditions. A medical certificate is a one-time thing. Medical conditions pop up after the fact due to illness or medication.

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.

During pre-flight a PIC should ask questions to the crewmembers and just observe their behavior to see how they are acting. Do you know if your VO has a hang over from the night before?  Asking questions during the pre-flight is a good time to figure out if someone is hiding anything.

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.

If you are a single-person operation, you can self-administer your knowledge and skill test. You must document this.  You must log the completed training and be able to present it to the FAA.

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.

They don’t want you using unmanned aircraft flight time to go for aeronautical experience for manned aircraft. Just don’t mix manned and unmanned flight time when logging.

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.

Consider the risk of spilling chemical on yourself while flying. Now you have to deal with that while 3 of your drones are flying around. With a VO, you can at least tell the VO to attempt to land the aircraft for you on the ground control station.

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.

This is a big problem for some people. Notice it says employees. This means you cannot flight instruct non-employees. Subcontractors, students, and customers all fall into this non-employee category. The workaround would be making them a temporary employee for the purpose of the training. That could be all sorts of other legal issues. Check with your state employment law attorney on how this would work in your state.

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.

If you are using a VO, you must send them through training and they must be medically fit.

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.

Every aircraft flying at night must have an anti-collision light and an identification light. If swarming, the identification light must match the ground control station’s coloring. Note that some of the ground control stations out there presently do NOT do this. You might be able to swarm during the day but NOT at night due to this limitation.

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.

Section 31 is something to pay attention to when doing night jobs. Either account for the longer than normal pre-flight inspecting the area in the dark or show up during the daylight hours to quickly inspect.

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.

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.

These are all pretty self-explanatory.

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.

Make sure you check for GPS interference NOTAMs during flight. These pop up from time to time.

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.

You can test this out on the ground. Can you kill motors in the sky with an input? That is one form of flight termination system.

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.

All pretty self-explanatory.

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.

The best way to think of Section 43 is it applies to people and property.  43.a and 43.b deals with people while 43.c and 43.d deals with property.

Regarding 43.a, it applies to the crew and other personnel who are directly participating in the safe operation. If you are flying for a customer or potential customer, consider making them a visual observer or person manipulating the controls for your operation so they can be considered participating. Just make sure they can comply with the rest of the regulations and the exemption.

Regarding 43.b, you can get closer than 500 to non-participating people when there are things protecting them. Are they in a building? A car? Are they behind a treeline or hedgerow that is thick enough to stop a drone? For demoing for a potential customer, you have multiple ways to do this.  Have them go into their vehicle and you could get into the vehicle with them and explain things. You can erect a large enough net that spectators can stand behind. You can also tether the drone with a parachord.  You have to get creative as to how you do this.

Regarding 43.c, please pay attention that it says 7 hours of specific make and model.  If you are gearing up for spraying season, I highly suggest you take some time and get these hours in on the make/model. Also, when operating close to property, you must reduce your speed from 30MPH down to 15 MPH.

Regarding 43.d, you have all of the restrictions from 43.c but you must also obtain permission. I highly suggest you get this documented somehow.  Email, piece of paper, a video recording on your phone, etc.  If you didn’t document it, it did not happen. And no, I don’t think you can get implied permission by warning everyone with a paper on a doorstep. What if they are out of town?

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.

Things to check for prior to purchasing a drone.

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.

Section 45, says, “from and over predetermined, uninhabited, segregated, private……OR…… controlled-access property[.]” The area of operations must be one of those 5.  In addition to that, the area must be controlled. You can control access through environmental controls (rivers, ponds, steep embankments, cliffs, deep creeks), physical barriers (fences or vehicles), or people. Section 45 makes sense in that you are examining the area prior to flying seeing if you can control access. You may need to have a person dedicated to stopping intruders. During the pre-flight briefing, you would discuss all of the hazards and assign people’s duties for stopping intruding people or vehicles.

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].

Notice these are the reporting requirements created by the exemption. There are other reporting requirements that will be triggered also under certain circumstances.  See 14 CFR 91.3(c), 137.1(c), and 49 CFR 830.5.

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FAQs

Can you explain to me why we have a 44807 COA and cannot just use LAANC?

The FAA created this certificate of authorization(COA) for the 44807s. It’s a 44807 “blanket” COA that applies to the entire US.  LAANC was originally set up for Part 107 operations of small unmanned aircraft. You have to go to the CAPS portal to file for a COA for these 44807 ops.  The FAA is transitioning the CAPS portal COA process to the FAA Drone Zone which will greatly speed up things.

I want to train people under my exemption. Can I train a student or a subcontractor?

You can only train employees. Gen 2 and Gen 3 exemptions do NOT allow flight instruction of non-employees.