Limited Beyond Line of Sight Exemption Restrictions

I have an article with my commentary on each of the conditions and limitations for this type of exemption. It is located here. https://jrupprechtlaw.com/faa-drone-spraying-exemption/

1. This exemption is non-transferable. Only OPERATOR may conduct operations in accordance with this exemption.
2. OPERATOR must obtain an agricultural aircraft operator certificate under 14 CFR part 137 by submitting FAA Form 8710-3 (copy enclosed) and 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 part 137, consistent with Condition and Limitation Nos. 29 and 31 below, OPERATOR 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 OPERATOR is conducting these flights for the purpose of obtaining their 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 49 U.S.C. § 44807 at Regulatory Docket No. 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 OPERATOR from complying with 14 CFR part 375. If operations under this exemption involve the use of foreign civil aircraft, OPERATOR must obtain a Foreign Aircraft Permit pursuant to § 375.41 before conducting any operations under this exemption. Application instructions are specified in § 375.43.
6. The unmanned aircraft (UA) may not be operated at a groundspeed exceeding 40 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, which can be used for VLOS operations only. OPERATOR 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 OPERATOR to request a Notice to Airmen (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 100 feet above ground level (AGL), operations under this exemption may not exceed 100 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, OPERATOR and the PIC are responsible for the safety of the operation. OPERATOR 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. Except when operating in accordance with Condition and Limitation No. 12, 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 system capable of operating each UAS independently. The autopilot system must maintain UAS separation without input from the PIC.
12. All operations may utilize the services of one or more visual observers (VO). However, the PIC must employ the services of at least one or more VOs when the PIC is unable to continuously visually observe at least a 2-statute mile radius of airspace surrounding the UA in flight or the PIC cannot ensure secure access to the area of operation. If utilized, the VO must be trained in accordance with OPERATOR’ 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 continuously observe at least a 2-statute mile radius of airspace surrounding the UA in flight or ensure secure access to the area of operation and 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 and ensure secure access to the operational area. The VO and PIC must be able to communicate verbally at all times; electronic messaging or texting is not permitted during flight operations. 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 operational duties, the entire flight operation must be terminated as soon as practicable.
13. Except for BVLOS operations the PIC must maintain VLOS with the UA during the entire flight operation, unless a VO is utilized. 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. OPERATOR’ operations manual;
    b. OPERATOR’ 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, OPERATOR must follow the procedures as outlined in its operating documents.
15. 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 (to include operations with and without a VO);
    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. 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 § 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:
    i. Elements to ensure crewmembers are personally prepared for night operation, with a focus on eyesight preparation and fatigue;
    ii. 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
    iii. Satisfactory functional checks of the aircraft lights.
    o. Multi-UAS Operation (if operating Multi-UAS), the Training Program must include 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:
    i. Satisfactory pre-flight inspection of the GCS and operating area to ensure that three UAS can operate and land safely; and
    ii. 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 all roles and responsibilities of the VO to be assumed and conducted by the PIC.
17. 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 (When Necessary) 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. 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 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.
20. 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 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 remote pilot certificate with a small UAS rating issued under part 107. The PIC must meet the requirements of 14 CFR Part 107.65, Aeronautical knowledge recency.
22. The PIC, VO (if used), or any other direct participant shall not participate in the operation if they know or have reason to know of any medical, physical, or mental condition that would interfere with the safe operation of the UAS.
23. The UAS must be operated in a highly automated manner in which control of the UA rests solely with the UAS automated software with only minimal manual control input necessary for UA launch and recovery, or abnormal situations.
24. For night operations, the PIC must 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.
25. 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 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. The VO, when used, 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.
26. The PIC must satisfactorily complete OPERATOR’ 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 §§ 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. OPERATOR or chief supervisor’s knowledge and skill tests of § 137.19(e) may be self-administered. Documentation of satisfactory completion of both the training program and the knowledge and skill tests of § 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.
27. PIC qualification flight hours and currency may be logged in a manner consistent with § 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.
28. 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.
29. All training operations must be conducted during dedicated training sessions in accordance with the OPERATOR’ training program. OPERATOR may conduct training operations only for the OPERATOR’ 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.
30. 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.
31. For night operations, the VO (if used) must have completed the night training portion of OPERATOR’ training program requirements, the completion of which must be documented. This documentation must be provided to the FAA upon request.
32. UAS operations may be conducted during night, as defined in § 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 § 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.
33. 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.
34. 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.
35. Prior to operations, the PIC must complete a site inspection and program any
    obstacles and obstructions into the system software for avoidance. If during a site inspection, the PIC observes another aircraft located on the surface of the operational area, the PIC shall inform OPERATOR of their operations and coordinate any departure and arrival information as necessary. If during the site inspection, the PIC notes an airport adjacent to the area of operation, the PIC shall designate a VO at a location that allows for adequate view of traffic to and from that airport to provide situational information to the PIC should the PIC not have the ability to personally view that traffic.
36. For BVLOS operations, the PIC must employ a system capable of detecting ADS-B equipped aircraft and display that ADS-B data on the GCS or other source readily available to the PIC. The PIC must also verify that this system is operational prior to commencing BVLOS operations.
37. For BVLOS operations, except in emergency situations, the UA must be flown in automatic mode.
38. 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.
39. 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.
40. 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.
41. 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.
42. 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.
43. 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.
44. 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.
45. Documents used by OPERATOR to ensure the safe operation and flight of the UAS and any documents required under §§ 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.
46. The UA must remain clear and give way to all manned aviation operations and activities at all times.
47. The UAS may not be operated by the PIC from any moving device, vessel, or vehicle.
48. 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, 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. The 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 Condition and Limitation No. 48(c)(ii) through (vi) 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. 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.
49. 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.
50. All operations shall be conducted from and over predetermined, uninhabited, segregated, private or controlled-access property as described in OPERATOR’ Flight Operations Procedures Manual. The PIC must ensure the entire operational area will be controlled 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 operation in which 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 OPERATOR prior to conducting agricultural aircraft operations and in accordance with the associated COA.
51. 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].

Jonathan Rupprecht

Aviation Attorney. FAA Certificated Commercial Pilot and Flight Instructor (CFI/CFII). Contributor at Forbes.com for Aerospace and Defense.