VMDEVENTERBIACKLLP 

David P. Ferrell 

dferrell@vanblk.com 

www. vanblk.com 

434 Fayetteville Street, Suite 2000 • P.O. Box 2599 • Raleigh, NC 27602-2599 • Office 919.754.1171 • Facsimi1ie 919.754.1317 

February 19,2015 

U.S. Department of Transportation, Docket Operations 

West Building Ground Floor, Room Wl2-140 

1200 New Jersey Avenue, SE 

Washington, DC 20590 

Re: Exemption Request Section 333 of the FAA Reform Act and Part 11 of the Federal 

Aviation Regulations- AgWorx, Inc. 

Dear Sir or Madam: 

Pursuant to Section 333 ofthe FAA Modernization and Reform Act of2012 (the "Reform 

Act") and 14 C.F.R. Part 11, AgWorx, Inc. ("AgWorx"), the operator of Small Unmanned 

Aircraft Systems ("sUASs" or "UASs"), including the Hawkeye Mk-III by PrecisionHawk, 

Inc., in North Carolina, seeks an exemption from the Federal Aviation Regulations ("FARs") 

listed below and discussed in Appendix A 1 Ag W orx seeks exemption from the listed F ARs to 

allow its use of the UASs in commercial operations with its clients, such as precision agriculture 

and aerial imagery, including in the areas of agriculture, scientific studies, wildlife monitoring, 

and forestry, so long as such operations are conducted within and under the conditions outlined 

herein or as established by the FAA in an exemption granted under either Section 333 or Section 

49 U.S.C. § 44701(ff. 

As discussed below, at pages 4-8, AgWorx is willing to abide by conditions the FAA has 

required in issuing recent Section 333 exemptions, specifically Exemptions 11109 (Clayco, Inc.) 

and 11110 (Trimble Navigation Ltd.). This agreement on AgWorx's part and the strong similarity 

of its operations to those approved in Exemptions Ill 09 and 11110 should give the FAA a basis 

for prompt consideration and processing of this request. 

Granting AgWorx's petition for exemption will further the public interest by allowing 

AgWorx to safely, efficiently, and economically perform aerial imagery and agricultural research 

over the State of North Carolina in support of its clients in industries such as government entities, 

agriculture, scientific studies, wildlife monitoring, and forestry. 

AgWorx proposes to use a small, lightweight UASs - the Hawkeye Mk-III - and 

cloud-based software to collect, process, and analyze aerial data principally for purposes of 

precision agriculture and aerial imagery. In doing so, AgWorx would provide high quality and 

actionable information to users. Indeed, use ofthe Hawkeye Mk-III would contribute to precision 

1 See Pub. Law 112-95, 126 Stat. 11, § 333 {2012). 

2 AgWorx relies upon the following exemptions where specific reference to an exemption is not provided: 

Exemptions 11062 through 11067, 11080, 11109 through 11112, and 11114. 

Norfolk • Richmond • Raleigh • Pasadena • Kitty Hawk • Hamburg, Germany 
U.S. Department of Transportation 

February 19, 2015 

Page 2 

agricultures various social goods, from environmental protection to maximized and improved crop 

yields. In providing this service, AgWorx would empower crop researchers and farmers to make 

better management decisions through software that identifies disease and insects, nutrient 

deficiencies, and materials for increasing yields with fewer resources. These developments would 

increase economic growth, which would be in the public interest. 

Operations under the exemption will be subject to strict operating requirements and 

conditions to ensure at least an equivalent level of safety to currently authorized operations using 

manned aircraft and under conditions as may be modified by the FAA as required by Section 

333. By authorizing UAS operations, the FAA would advance the public interest by reducing the number 

of manned aircraft in the National Airspace System; reducing air and noise pollution; reducing the risk to 

life and property on the ground; and increasing agricultural economic growth. 

As described more fully below, the requested exemption would authorize commercial 

operations of aerial surveys using the Hawkeye Mk-III by PrecisionHawk, Inc., which with a 

maximum take-off weight of 5.5 lbs. is small in size. The Hawkeye Mk-III will be operated under 

controlled conditions at low altitude in airspace that is limited in scope, as described more fully 

herein; it will have automated control features, as described herein. The Hawkeye Mk-III also will 

be operated by an individual possessing a private pilot certificate. Finally, the airspace in which 

the UAS will operate will be disclosed to the FAA in advance. 

AgWorx respectfully submits that because this small, unmanned aerial vehicle - the 

Hawkeye Mk-III- will be used in lieu of comparatively hazardous operations now conducted with 

fixed wing and rotary conventional aircraft, the FAA can have confidence that the operations 

will achieve at least an equivalent level or greater level of safety. Approval of this exemption 

would thereby enhance safety and fulfill the Secretary of Transportation's (the FAA 

Administrator's) responsibilities under Section 333(c) of the Reform Act to "establish 

requirements for the safe operation of such aircraft systems in the national airspace system." 

The name and address of the applicant are: 

Ag W orx, Inc. 

Attn: Greg Crowder, Owner 

4072 Barrett Drive 

Raleigh, NC 27609 

Ph: 919-787-5 805 

Email: greg@agworxinc.com 

The regulations from which the exemption is requested are as follows: 

14 C.F.R. § 61.113(a) & (b); 

14 C.F.R. § 61.133(a); 

14 C.F.R. § 91.7(a); 

14 C.F.R. § 91.119(c); 

14 C.F.R. § 91.151(a); 

14 C.F.R. § 91.405(a); 

2 
U.S. Department of Transportation 

February 19, 2015 

Page 3 

14 C.P.R. § 91.407(a)(l); 

14 C.F.R. § 91.409(a)(2); 

14 C.P.R. § 91.417(a) & (b) 

Appendix A discusses each rule listed above and explains why exemptions pursuant to the 

proposal set forth in this letter are appropriate, provide an equivalent level of safety, and are in the 

public interest. Appendix B provides the requisite Federal Register summary. 

SECTION 333 LEGAL STANDARD 

AgWorx submits that grant of this exemption application for use of the UASs in precision 

aerial surveys will advance the Congressional mandate in Section 333 of the Reform Act to 

accelerate the introduction of UASs into the national airspace system ("NAS") if it can be 

accomplished safely. This law directs the Secretary of Transportation to consider whether certain 

UASs may operate safely in the NAS before completion of the rulemaking required under Section 

332 of the Reform Act. In making this determination, the Secretary is required to determine which 

types ofUASs do not create a hazard to users of the NAS or the public or pose a threat to national 

security in light of the following: 

• The UAS's size, weight, speed, and operational capability; 

• Operation of the UAS in close proximity to airports and populated areas; and 

• Operation of the U AS within visual line of sight of the operator. 

Reform Act§ 333(a)(l). Ifthe Secretary determines that such vehicles "may operate safely in 

the national airspace system, the Secretary shall establish requirements for the safe operation of 

such aircraft in the national airspace system." Jd. § 333(c) (emphasis added). 3 

The Federal Aviation Act expressly grants the FAA the authority to issue exemptions. This 

statutory authority, by its terms, includes exempting civil aircraft, as the term is defined under § 

401 01 of the Act, from the requirement that all civil aircraft must have a current airworthiness 

certificate and those regulations requiring commercial pilots to operate aircraft in commercial 

serv1ce: 

The Administrator may grant an exemption from a requirement of a regulation 

prescribed under subsection (a) or (b) of this section or any of sections 44 702-

44 716 of this title if the Administrator finds the exemption is in the public 

interest. 

49 U.S.C. § 44701(£). See also 49 U.S.C. § 44711(a); 49 U.S.C. § 44704; 14 C.P.R.§ 91.203(a)(l). 

3 Applicant submits that this provision places a duty on the Administrator to not only process applications for 

exemptions under Section 333, but for the Administrator, if he deems the conditions proposed herein required 

modification to allow approval, to supply conditions for the safe operation of the UAS. AgWorx welcomes the 

opportunity to consult with FAA staff in order to address any issues or concerns that this proposal may raise that 

they believe may require modification. 

3 
U.S. Department of Transportation 

February 19, 2015 

Page 4 

The grant of the requested exemption is in the public interest based on the clear direction 

in Section 333 of the Reform Act; the additional authority in the Federal Aviation Act, as amended; 

the strong equivalent level of safety surrounding the proposed operations; and the significant 

public benefit, including enhanced safety and cost savings associated with transitioning to UASs 

for aerial surveying. Accordingly, the applicant respectfully requests that the FAA grant the 

requested exemption without delay. 4 

EQUIVALENT LEVEL OF SAFETY 

The applicant proposes that the exemption requested herein apply to civil aircraft that have 

the characteristics and that operate with the limitations listed herein. These limitations provide for 

at least an equivalent or even higher level of safety to operations under the current regulatory 

structure because the proposed operations represent a safety enhancement to operations that would 

be conducted with conventional aircraft. These conditions are drawn from Exemptions 11062 

through 11067, 11080, 11109, and 11110. 

These limitations and conditions to which AgWorx (or "operator") agrees to be bound when 

conducting commercial operations under an FAA issued exemption include: 

1. Operations ofthe Hawkeye Mk-III are limited to the aircraft described in the manuals filed 

with PrecisionHawk, Inc.'s application ("manuals")5

, which is a miniature propeller 

airplane built by PrecisionHawk that weighs less than six pounds (the "UA" or "UAS"). 

Proposed operations of any other aircraft will require a new petition or a petition to amend 

this grant. 

2. The UA may not be flown at an indicated airspeed exceeding 50 knots. 

3. The UA may be operated at an altitude of no more than 400 feet above ground level 

("AGL"), as indicated by the procedures specified in the UAS manuals referenced herein. 

All altitudes reported to Air Traffic Control ("ATC") must be in feet AGL. 

4. The UA must be operated within visual line of sight ("VLOS") of the pilot-in-command 

("PIC") at all times. This requires the PIC to be able to use human vision unaided by any 

devise other than corrective lenses, as specified on the PIC's FAA-issued airman medical 

certificate. 

4 In filing this application, AgWorx also is requesting that the FAA combine the grant of the Section 333 exemption 

with a stand-alone Certificate of Operation ("COA'') that will allow commercial operations of the Hawkeye Mk-111 in 

North Carolina without the necessity offiling for a COA for each flight. Compliance with the conditions agreed to 

herein and that may be imposed by the FAA, as set forth in prior Section 333 exemptions, provide the separation 

needed from other aircraft. Notice to airmen and notice to air traffic control can be provided by the filing of a 

NOT AM as set forth within the proposed conditions. 5 Precision Hawk's manuals and related materials for the Hawkeye Mk-111 were submitted as confidential to the FAA 

with their application for exemption under Section 333, and AgWorx incorporates these materials herein by 

reference as if fully set forth herein. 

4 
U.S. Department of Transportation 

February 19, 2015 

Page 5 

5. All operations must utilize a visual observer ("VO"). 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. The PIC must be designated before 

the flight and cannot transfer his or her designation for the duration of the flight. The PIC 

must ensure that the VO can perform the functions prescribed in the operator's manual. 

6. The manuals must be amended to include all conditions and limitations required by the 

FAA. The manuals must be maintained and made available to the Administrator upon 

request. If a discrepancy exists between the conditions and limitations in the exemption 

and the procedures outlined in the manuals, the conditions and limitations in the exemption 

take precedence and must be followed. Otherwise, the operator must follow the procedures 

as outlined in the manuals. 

The operator may update or revise the manuals. It is the operator's responsibility to track 

such revisions and present updated and revised documents to the Administrator upon 

request. The operator must also present updated and revised documents if it petitions for 

an extension or amendment of this exemption. If the operator determines that any update 

or revision would affect the basis upon which the FAA granted this exemption, then the 

operator must petition for amendment to its exemption. 

7. Prior to each flight, the PIC must inspect the UAS to ensure it is in a condition for safe 

flight. If the inspection reveals a condition that affects the safe operation ofthe UAS, the 

aircraft is prohibited from operating until the necessary maintenance has been 

performed, and the UAS is found to be in a condition for safe flight. The ground control 

station must be included in the preflight inspection. All maintenance and alterations must 

be properly documented in the aircraft records. 

8. 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 in accordance with the operator's manual. The PIC who conducts the 

functional test flight must make an entry in the UAS aircraft records of the flight. The 

manuals include this requirement. 

9. The preflight inspection section in the manuals includes the following requirement: the 

preflight inspection must account for all discrepancies, i.e., inoperable components, items, 

or equipment, not covered in the relevant preflight inspection sections of the operator's 

manual. 

10. The operator must follow AgWorx's UA aircraft/component, maintenance, overhaul, 

replacement, inspection, and life limit requirements, with particular attention to flight 

critical components that may not be addressed in the manufacturer's manuals. 

11. Operator must carry out its maintenance, inspections, and record keeping requirements in 

accordance with the manuals. Maintenance, inspection, and alterations must be noted in 

5 
U.S. Department of Transportation 

February 19,2015 

Page 6 

the aircraft logbook, including total flight hours, description of work accomplished, and 

the signature of the authorized technician returning the UAS to service. 

12. The authorized technicians must receive and document training referenced m the 

manuals. 

13. Each UAS operated under the exemption must comply with all AgWorx system and safety 

bulletins. 

14. Operator's maintenance personnel must make a record entry in the UAS logbook or 

equivalent document of the corrective action taken against discrepancies discovered 

between inspections. 

15. The PIC must possess at least a private pilot certificate and a third-class airman medical 

certificate. The PIC must also meet the flight review requirements specified in 14 C.F.R. 

61.56 as to the UAS. 

16. The operator may not permit any PIC to operate unless that PIC has demonstrated through 

AgWorx's training and currency requirements that the PIC is able to safely operate the UA 

in a manner consistent with how the UAS will be operated under this exemption, including 

evasive and emergency maneuvers and maintaining appropriate distances from people, 

vessels, vehicles, and structures. 

17. If the UAS loses communications or loses its GPS signal, the UA must return to a predetermined location within the private or controlled-access property and land or be 

recovered in accordance with the manuals. 

18. The PIC must abort the flight in the event of unpredicted obstacles or emergencies in 

accordance with the manuals. 

19. The PIC is prohibited from beginning a UAS flight unless (considering wind and forecast 

weather conditions) there is enough power to fly to the first point of intended landing and, 

assuming normal cruising speed, to fly after that for at least 10 minutes. 

20. The operator will file a request for a Notice to Airmen (NOT AM) not more than 72 hours 

in advance, but not less than 48 hours prior to the operation. 

21. All aircraft operated in accordance with the exemption must be identified by serial number, 

registered in accordance with 14 C.F.R. part 47, and have identification 

(N-Number) markings in accordance with 14 C.F.R. part 45, Subpart C. Markings must be 

as large as practicable. 

6 
U.S. Department ofTransportation 

February 19, 2015 

Page 7 

22. Before conducting operations, the radio frequency spectrum used for operation and control 

of the UA must comply with the Federal Communications Commission ("FCC") or other 

appropriate government oversight agency requirements. 

23. The documents required under 14 C.F.R. 91.9 and 91.203 must be available to the PIC at 

the ground control station of the UAS any time the aircraft is operating. These documents 

must be made available to the Administrator or any law enforcement official upon request. 

24. The UA must remain clear and yield the right of way to all other manned operations and 

activities at all times (including, but not limited to, ultralight vehicles, parachute activities, 

parasailing activities, hang gliders, etc.). 

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

26. UAS operations may not be conducted during night, as defined in 14 C.F.R. 1.1. 

27. All operations shall be conducted in Class G airspace. 

28. All operations must be conducted under visual meteorological conditions ("VMC"). 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. 

29. During operations in Class G airspace, the UA may not operate within 5 nautical miles of 

the geographic center of an airport as denoted on a current FAA-published aeronautical 

chart unless a letter of agreement with that airport's management is obtained, and the 

operation is conducted in accordance with a NOT AM as required by the operator's COA. 

The letter of agreement with the airport management must be made available to the 

Administrator upon request. 

30. The UA may not be operated over congested or densely populated areas unless the 

conditions set forth in #31 are satisfied. These populated areas include, but are not limited 

to, the yellow areas depicted on World Aeronautical Charts ("WAC"), Sectional 

Aeronautical Charts ("Sectionals"), or Terminal Area Charts ("TAC"). However, 

aeronautical charts may not reflect pertinent local information. Ultimately, it is the PIC's 

responsibility to maintain the minimum safe altitudes required by § 91.119. 

31. Operations must be conducted at least 500 feet from all nonparticipating persons (persons 

other than the PIC or VO), vessels, vehicles, and structures unless: 

a. barriers or structures are present that sufficiently protect nonparticipating persons from 

debris in the event of an accident. The operator must ensure that nonparticipating 

persons remain under such protection. If a situation arises in which nonparticipating 

7 
U.S. Department of Transportation 

February 19, 2015 

Page 8 

persons leave such protection and are within 500 feet of the UA, flight operations must 

cease immediately; and/or 

b. the aircraft is operated near vessels, vehicles, or structures where the land 

owner/controller has granted permission and the PIC has made a safety assessment of 

the risk of operating closer to those objects; and 

c. operations near the PIC or VO do not present an undue hazard, per§ 91.119(a). 

32. All operations shall be conducted over private or controlled-access property with 

permission from the land owner/controller or authorized representative. Permission from 

land owner/controller or authorized representative will be obtained for each flight to be 

conducted. 

33. In the event COAs are required, 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 to the FAA's UAS Integration Office ("AFS-80") within 24 hours. 

Accidents must be reported to the National Transportation Safety Board ("NTSB") per 

instructions contained on the NTSB Web site: www.ntsb.gov. 

Regarding privacy, all flights will occur over private or controlled access property with the 

property owner's prior consent and knowledge. Inspection will be in areas where the owners will 

have consented to the inspections or otherwise have agreed to allow the UAS and the operator to 

be in the area where inspection will take place. 

No national security issue is raised by the grant of this exemption. Given the size, load 

carrying capacity, speed at which it operates, and the fact that it carries no explosives or other 

dangerous materials, the UAS poses no threat to national security. 

In summary, AgWorx seeks an exemption from the FARs set forth in Appendix A to 

operate commercially a small unmanned vehicle (55 lbs. or less) in precision aerial survey 

operations in North Carolina. Approval of this exemption for commercial aerial survey operations 

will enhance safety by reducing risk. Conventional operations, using jet or piston powered 

aircraft, operate at extremely low altitudes just feet from the subject being inspected and in 

extreme proximity to people and structures. Such manned operations present the risks associated 

with vehicles that weigh in excess of6,000 lbs., carrying large amounts ofjet A or other fuel. Such 

aircraft must fly to and from the project location. In contrast, a UAS weighing fewer than six lbs. 

and powered by batteries eliminates virtually all of that risk given the reduced mass and lack of 

combustible fuel carried on board. The UAS is carried to the target area and not flown. The UAS 

will carry no passengers or crew and, therefore, will not expose them to the risks associated with 

manned aircraft flights. 

The operation of small UASs, weighing less than six lbs., conducted in the strict conditions 

outlined above, will provide an equivalent level of safety supporting the. grant of the exemptions 

requested herein. These lightweight aircraft operate at slow speeds, close to the ground, and in 

8 
U.S. Department of Transportation 

February 19, 2015 

Page 9 

areas that are under the control of the customer. As a result, they are far safer than conventional 

operations conducted with manned aircraft operating in close proximity to the ground and people. 

Satisfaction of the criteria provided in Section 333 of the Reform Act of 2012 - size, 

weight, speed, operating capabilities, proximity to airports and populated areas, and operation 

within visual line of sight and national security - provide more than adequate justification for the 

grant of the requested exemptions allowing commercial operation of applicant's UAS for the 

purposes outlined herein and are consistent with exemptions already granted, including 

Exemptions 11062 through 11067, 11080, 11109 through 11112, and 11114. 

Sincerely, 

VANDEVENTER BLACK LLP 

David P. Ferrell 

Counsel for AgWorx, Inc. 

9 
APPENDIX A 

EXEMPTION REQUEST AND EQUIVALENT LEVEL OF SAFETY SHOWINGS 

UNDER APPLICABLE RULES SUBJECT TO EXEMPTION 

AgWorx requests an exemption from the following regulations as well as any additional 

regulations that may technically apply to the operation of the UAS described herein, including but 

not limited to regulations requiring manuals, certificates, and other similar items to be carried on 

an aircraft: 

14 C.F.R. § 61.113(a) & (b); 61.133(a): Private Pilot Privileges and Limitations; Pilot in 

Command; Commercial Pilot Privileges and Limitations. 

Section 61.113(a) & (b) limit private pilots to non-commercial operations. Unlike a 

conventional aircraft that carries a pilot, passengers, and cargo, the UAS in this case 1 is remotely 

controlled with no passengers or property of others on board. Section 61.13 3 (a) requires an 

individual with a commercial pilot's license to be pilot in command of any aircraft for 

compensation or hire. AgWorx respectfully proposes that operator requirements should take into 

account the characteristics ofthe particular UAS. The Hawkeye Mk-III has a high degree of preprogrammed control and various built-in technical capabilities that strictly limit the potential for 

operation outside of the operating conditions set forth in the exemption application. 

The UAS has an autonomous navigation and control system. Flights are pre- programmed 

with precision GPS guidance and do not require human intervention. In the case of unplanned 

events, the operator can manually intervene to take one of the following actions: (i) command the 

aircraft to begin to autonomously return to the recovery area and land; (ii) command the aircraft 

to autonomously return to the recovery area where the pilot will assume control and land the 

aircraft; or (iii) manually assume control of the aircraft via the hand controller and return the craft 

to the recovery area where the operator lands it. 

Additional automated safety functions and safety enhancing features of the UAS include the 

following: 

• Auto-pilot detection of lost GPS or of insufficient satellites initiates a stand-by loiter 

pattern until such time as GPS is re-established or the PIC assumes manual control of the 

aircraft. 

• Low battery power on the aircraft (10.4 volts) triggers the landing sequence and the craft 

will fly to the recovery area. 

• If the auto-pilot detects a lost-link to the ground control station for longer than 30 seconds, 

landing procedure begins. 

1 PrecisionHawk's manuals and related materials for the Hawkeye Mk-111 were submitted as confidential to the FAA 

with their application for exemption under Section 333, and AgWorx incorporates these materials herein by 

reference as if fully set forth herein. Representations contained herein are based on AgWorx's understanding of 

Precision Hawk's Hawkeye Mk-111 and representations PrecisionHawk has made about the Hawkeye Mk-111 in its 

application. 

1 
• The aircraft, weighing fewer than 6 lbs., fully loaded, is constructed of foam, which is 

intended to absorb impact energy. 

• In the event the ground station reaches a low power state, it will alert the pilot. 

Given these safety features, AgWorx proposes that operators of the UAS should not be required 

to hold a commercial pilot certification. Instead, operators should be required to hold only a private 

pilot certification. 

The risks associated with the operation of the UAS (given its size, speed, operational 

capabilities, and lack of combustible fuel) are so diminished from the level of risk associated with 

commercial operations contemplated by Part 61 with conventional aircraft (fixed wing or 

rotorcraft) that allowing operations of the UAS as set forth above meets or exceeds the present 

level of safety provided under 14 C.F .R. § 61.113 (a) & (b) and does not rise to the level of requiring 

a commercial pilot to operate the aircraft under§ 61.133(a). 

Given these conditions and restrictions, an equivalent level of safety will be provided by 

allowing operation of the UAS with a private pilot's certificate, under the conditions set forth in 

the exemption request. The FAA has granted exemptions to conduct similar operations in 

Exemptions 11062 through 11067, 11080, 11109, and 11110. 

14 CF.R. § 91.7(a): Civil Aircraft Airworthiness. 

This regulation requires that no person may operate a civil aircraft unless it is in airworthy 

condition. Should the exemption be granted allowing commercial operation ofthe UAS without 

an airworthiness certificate, no standard will exist for airworthiness of the UAS. Given the size of 

the aircraft and the requirements that the operator has agreed to as relates to airworthiness, as set 

forth in the UAS manuals referenced herein, an equivalent level of safety will be achieved by 

ensuring compliance with the UAS manuals referenced herein prior to each flight. The FAA has 

granted exemptions to conduct similar operations in Exemptions 11062 through 11067, 11080, 

11109, and llllO. 

14 C.F.R. § 91.119(c): Minimum Safe Altitudes. 

Section 91.119 establishes safe altitudes for operation of civil aircraft. Specifically, 

91.119( c) limits aircraft flying over areas other than congested areas to an altitude of 500 feet 

above the surface, except over open water or sparsely populated areas. In those cases, the aircraft 

may not be operated closer than 500 feet to any person, vessel, vehicle, or structure. 

As set forth herein, the UAS will never operate at higher than 400 feet AGL. It will, 

however, be operated to avoid congested or populated areas that are depicted in yellow on VFR 

sectional charts. Because aerial survey work must be accomplished at relatively low altitudes and 

at altitudes less than 500 feet AGL, an exemption from Section 91.119( c) is needed. 

The equivalent level of safety will be achieved given the size, weight, speed, and material 

with which the UAS is built. Also, no flight will be taken without the permission of the landowner 

or those who control the land as well as local officials. Because of advance notice to the landowner, 

all affected individuals will be aware of the survey flights. Compared to aerial survey operations 

2 
conducted with aircraft or rotorcraft weighing far more than 5.5 lbs. and carrying flammable fuel, 

any risk associated with these operations will be far less than the risks currently posed by 

conventional aircraft operating at or below 500 feet AGL. Indeed, the low-altitude operations of 

the UAS will maintain separation between these small-UAS operations and the operations of 

conventional aircraft that must comply with Section 91.119. The FAA has granted exemptions to 

conduct similar operations in Exemptions 11062 through 11067, 11080, and 1110. 

14 C.F.R. § 91.151(a): Fuel Requirements for Flight in VFR Conditions 

This regulation prohibits an individual from beginning "a flight in an airplane under VFR 

conditions unless (considering wind and forecast weather conditions) there is enough fuel to fly to 

the first point of intended landing and, assuming normal cruising speed- (1) During the day, to 

fly after that for at least 30 minutes; or (2) At night, to fly after that for at least 45 minutes." 

AgWorx understands that the batteries powering the UAS provide approximately 60 minutes of 

powered flight. Without an exemption from § 14 C.F .R. 91.151, the UAS' s flights would be limited 

to approximately 30 minutes in length. Given the limitations on its proposed operations and the 

location of those proposed operations, a longer time frame for flight in daylight VFR conditions is 

reasonable. 

AgWorx believes that an exemption from 14 C.P.R. § 91.151(a) is safe and within the 

scope of prior exemptions. See Exemption 10673 (allowing Lockheed Martin Corporation to 

operate without compliance with 91.151 (a)). Operating the small UAS without 30 minutes of 

reserve fuel does not engender the type of risks that Section 91.151 (a) was meant to prevent given 

the size and speed at which the UAS operates. The fact that it carries no pilot, passenger, or cargo 

also enhances its safety. Limiting UAS flights to 30 minutes would greatly reduce their utility. In 

the unlikely event that the UAS achieves a low battery state (10.4 volts), it would simply land. 

Given its weight and construction material, the risks are less than contemplated by the current 

regulation. 

Ag W orx believes that an equivalent level of safety can be achieved by maintaining 15 

minutes of reserve fuel, which, allowing 45 minutes of flight time, would be more than adequate 

to return the UAS to its planned landing zone from anywhere in its operating area. 

Similar exemptions have been granted to other operators, including Exemptions 2689F, 

5745, 10673, 10808, and Exemptions 11062 through 11067, 11080, 11109, 1110, and 11112. 

14 C.F.R. § 91.405(a); 407(a)(1); 409(a)(2); 417(a) & (b): Maintenance Inspections 

Section 91.405(a) requires that an aircraft operator or owner "shall have that aircraft 

inspected as prescribed in subpart E of this part and shall between required inspections, except as 

provided in paragraph (c) of this section, have discrepancies repaired as prescribed in part 4 3 of 

this chapter .... " Section 91.407 similarly makes reference to requirements in Part 43; Section 

91.409( a)(2) requires an annual inspection for the issuance of an airworthiness certificate. Section 

91.417(a) requires the owner or operator to keep records showing certain maintenance work that 

has been accomplished by certificated mechanics, under Part 43, or licensed pilots and records of 

approval of the aircraft for return to service. 

3 
Maintenance of the UAS will be accomplished pursuant to the UAS manuals referenced 

herein. An equivalent level of safety will be achieved because the UAS is small in size, will carry 

a small payload, will operation only in restricted predetermined areas and is not a complex 

mechanical device. As provided in the manuals, the operator will ensure that the UAS is in working 

order prior to initiating flight, perform required maintenance, and keep a log of any maintenance 

that is performed; moreover, the operator is the person most familiar with the aircraft and is best 

suited to maintain the aircraft in an airworthy condition and to ensure an equivalent level of safety. 

The FAA has granted exemptions for similar operations in Exemptions 11062 through 11067, 

11080, 11109, 11110, and 11112. 

4 
APPENDIXB 

SUMMARY OF AGWORX SECTION 333 EXEMPTION REQUEST 

For publication in the Federal Register, AgWorx hereby provides pursuant to Part 11 a 

summary of its exemption application to allow commercial operation by AgWorx ofthe Hawkeye 

Mk-III unmanned aircraft in precision aerial survey work. An exemption is requested from the 

following regulations: 

14 C.P.R.§ 61.113(a) & (b); 

14 C.P.R. § 61.133(a); 

14 C.P.R. § 91.7(a); 

14 C.P.R.§ 91.119(c); 

14 C.P.R.§ 91.15l(a); 

14 C.P.R.§ 91.405(a); 

14 C.P.R. § 91.407(a)(l); 

14 C.F.R. § 91.409(a)(2); 

14 C.P.R. § 91.417(a) & (b) 

4847-3246-9025, v. 1 

1