On Friday the FAA approved the Section 333 petition for the 218-pound Yamaha RMAX UAS for aerial application, marking the largest (by weight) UAS approval by the agency to date. The petition, filed by Yamaha, permits 4-gallon aircraft to spray crops and fertilizer in the national airspace system. The FAA also chose for the first time to allow users with as few qualifications as a sport pilot certificate (requiring 20 hours of flight time) and a driver’s license to commercially spray pesticides.

In its exemption grant the FAA chose to cherry-pick the sections of Part 137 that it felt are applicable to UAS and exempt Yamaha from those it felt were not applicable. The 137 exemptions granted were the following:

• § 137.19(c) – Exemption from the requirement that a commercial ag operation applying for a 137 certificate have the services of a commercial pilot. Like other exemptions the FAA is permitting the exempted UAS operations with only a sport pilot certificate and driver’s license. The petitioner is still required to comply with other Part 137 requirements.
• § 137.41(c) – Related to the above exemption, allowing sport pilots to operate the RMAX UAS commercially under 137.
• § 137.19(d), 137.31(a) – Requires a 137 applicant to have an aircraft with an airworthiness certificate; because the FAA is exempting the RMAX from airworthiness requirements, the agency is exempting them from this section as well.
• § 137.19(e)(2)(ii), (iii), and (v) – Demonstration of skill  of approaches to the working area, flare-outs, and pullups and turnarounds. The pilot must still demonstrate satisfactory swath run procedures. If the operating manual (which is of course confidential) ever changes then Yamaha will need to petition for an amendment to this exemption.
• § 137.31(b), § 137.42 – exemption from the requirement and use of safety belts and harnesses.
• § 137.33(a) – exemption from the requirement of carrying a facsimile of the operating certificate on the aircraft, but the operator must have the certificate available at the operating station.

The exemption is granted for operation of the Yamaha RMAX Type II G UAS with a maximum takeoff weight of 218 pounds. The UAS may operate up to 45 mph and at an altitude of no more than 400 feet AGL. A visual observer is required, and the UAS can only operate within line of sight of the pilot in command (PIC). The PIC must be designated before the flight, and the PIC cannot transfer that designation. Other requirements are the same as previously approved petitions (preflight inspection, compliance with manufacturer instructions, daytime-only operations, etc.). Like past exemptions, the UAS is required to give right-of-way to manned aircraft. The FAA chose to waive all airworthiness requirements, only requiring a preflight inspection.

The UAS is not allowed to operate within 5 NM of airports; however, unlike past grants where the FAA simply indicated “airports,” the agency now specifies within 5 NM of the airport reference point (ARP) as denoted in the current airport/facility directory (AFD). If there is no ARP in the AFD, then it’s within 5 NM of the airport symbol on the current aeronautical chart unless an agreement is signed with the exemption holder and the airport. Thus, like many ag operations, if your operating field is not published on a chart or in the AFD, UAS are not required to remain greater than 5 NM from your facility.

The FAA notes in the exemption grant that the RMAX is larger and heavier than UAS previously approved, but after looking at engineering data supplied by Yamaha, it has determined that the 200+ pound weight of the aircraft would not adversely impact aviation safety.

NAAA voraciously voiced its concerns in its comments last fall on Yamaha’s petition, including asking that the agency require a commercial pilot certificate, ADS-B Out, strobe lighting, an airworthiness certificate, and for the FAA to uphold the integrity of Part 137 by not granting Yamaha’s original request for a blanket exemption from Part 137.

In view of the increased publicity for the just granted exemption to Yamaha, you may be confronted by people that feel they can now spray their own crops if they hire someone using the RMAX. Remind them that this exemption only authorizes Yamaha to conduct operations within the limits of a certificate of waiver or authorization issued by the FAA. Furthermore, these UAS operators must have an FAA Part 137 certificate and comply with its requirements. Among the requirements are that the applications be made according to the chemical’s label including such restrictions as carrier rate, nozzle use and application pressure to obtain the proper droplet characteristics.