# 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 ofTransportation, Docket Operations West Building Ground Floor, Room Wl2-140 1200 NewJerseyAvenue, SE Washington, DC 20590 Re: Exemption Request Section 333 ofthe FAA Reform Act and Part 11 ofthe Federal Aviation Regulations- AgWorx, Inc. Dear Sir or Madam: Pursuantto Section 333 oftheFAAModernization andReform 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 AgWorx seeks exemption from the listed FARs to allow its use ofthe UASs in commercial operations with its clients, such as precision agriculture and aerial imagery, including in the areas ofagriculture, 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 FAAhas required in issuing recent Section 333 exemptions, specifically Exemptions 11109 (Clayco, Inc.) and 11110 (TrimbleNavigationLtd.). This agreement onAgWorx'spart andthe strong similarity ofits operations to those approved in Exemptions Ill09 and 11110 should give the FAA a basis for prompt consideration and processing ofthis 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 ofNorth Carolina in support ofits 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 informationto users. Indeed, use oftheHawkeye Mk-III would contributeto precision

1 See Pub. Law 112-95, 126 Stat. 11, § 333 {2012). 2 AgWorx relies upon thefollowing 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, GermanyU.S. Department ofTransportation February 19, 2015 Page 2 agricultures various socialgoods, from environmentalprotectionto maximized andimprovedcrop yields. Inprovidingthis 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 underthe exemptionwill be subjectto strict operating requirements and conditions to ensure at least an equivalent level ofsafetyto currently authorized operations using manned aircraft and under conditions as maybe modified bythe FAA as required by Section 333. By authorizing UAS operations, the FAA would advance the public interest by reducingthe number ofmanned 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 maximumtake-offweightof5.5 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; itwill have automatedcontrol features, as describedherein. TheHawkeyeMk-III also will be operated by an individual possessing a private pilot certificate. Finally, the airspace in which the UAS will operate will be disclosedto the FAA in advance. AgWorx respectfully submits that because this small, unmanned aerial vehicle

- the Hawkeye Mk-III- willbeusedinlieu ofcomparativelyhazardous operations nowconductedwith 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 ofthis 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 operationofsuch aircraft systems inthe national airspace system." The name and address ofthe applicant are: AgWorx, Inc. Attn: Greg Crowder, Owner 4072 Barrett Drive Raleigh, NC 27609 Ph: 919-787-5805 Email: greg@agworxinc.com Theregulations 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); 2U.S. Department ofTransportation 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 inthis letter are appropriate, provide an equivalentlevel ofsafety, and are inthe public interest. Appendix B provides the requisite FederalRegister summary. SECTION333 LEGAL STANDARD AgWorx submits that grant ofthis exemption applicationfor use ofthe 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 ofTransportation to consider whether certain UASs may operate safely inthe NAS before completion ofthe rulemaking required under Section 332 ofthe ReformAct. Inmakingthis determination, the Secretaryis requiredto determine which types ofUASs do not create ahazardto users ofthe NAS orthe public orpose athreat to national security in light ofthe following:

• The UAS's size, weight, speed, and operational capability; • Operation ofthe UAS in close proximityto airports and populated areas; and • Operation ofthe UAS within visual line ofsight ofthe 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 § 40101 ofthe 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 ofa regulation prescribed under subsection (a) or (b) ofthis section or any ofsections 44702- 44716 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, butfor the Administrator, if he deems the conditions proposed herein required modification to allow approval, to supply conditions for the safe operation ofthe UAS. AgWorx welcomes the opportunityto consult with FAA staff in orderto address any issues or concerns that this proposal may raise that they believe may require modification. 3U.S. Department ofTransportation February 19, 2015 Page 4 The grant ofthe requested exemption is in the public interest based on the clear direction in Section333 oftheReformAct; the additional authorityintheFederalAviationAct, 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 applicantproposesthatthe exemptionrequestedherein applyto civil aircraftthathave the characteristics and that operate withthe limitations listed herein. These limitations provide for at least an equivalent or even higher level of safety to operations under the current regulatory structurebecausetheproposed operations represent a safety enhancementto operationsthatwould 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 oftheHawkeye Mk-III are limitedto the aircraft describedinthe 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 ofany other aircraft will require anewpetition or apetitionto amend this grant. 2. The UA maynot 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 indicatedbythe procedures specified inthe UAS manuals referenced herein. All altitudes reported to Air Traffic Control ("ATC") mustbe in feet AGL. 4. The UA must be operated within visual line ofsight ("VLOS") ofthe 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 thatthe FAA combine the grant ofthe Section 333 exemption with a stand-alone Certificate of Operation ("COA'') that will allow commercial operations ofthe 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 NOTAM as set forth within the proposed conditions. 5 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 iffully set forth herein. 4U.S. Department ofTransportation 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 mustbe able to communicate verbally at all times. ThePIC mustbe designatedbefore the flight and cannot transfer his or her designation for the duration ofthe flight. The PIC must ensure thatthe VO canperformthe functions prescribed inthe 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. Ifa discrepancy exists between the conditions and limitations in the exemption andtheprocedures outlinedinthe manuals, the conditions and limitations inthe exemption takeprecedence andmustbe followed. Otherwise, the operatormustfollow the procedures as outlined inthe manuals. The operatormayupdate orrevise the manuals. Itis the operator'sresponsibility to track such revisions and present updated and revised documents to the Administrator upon request. The operator must also present updated and revised documents ifit petitions for an extension or amendment ofthis exemption. Ifthe operator determines that any update or revision would affect the basis upon which the FAA granted this exemption, then the operatormust petition for amendmentto its exemption. 7. Prior to each flight, the PIC must inspect the UAS to ensure it is in a condition for safe flight. Ifthe 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 stationmustbe includedinthe preflightinspection. All maintenance and alterations must beproperly documented inthe aircraftrecords. 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 ofthe flight. The manuals include this requirement. 9. The preflight inspection section in the manuals includes the following requirement: the preflight inspectionmust account for all discrepancies, i.e., inoperable components, items, or equipment, not covered in the relevant preflight inspection sections ofthe 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 inthe 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 5U.S. Department ofTransportation February 19,2015 Page 6 the aircraft logbook, including total flight hours, description ofwork accomplished, and the signature ofthe authorized technician returning the UAS to service. 12. The authorized technicians must receive and document training referenced m the manuals. 13. EachUAS operatedunderthe exemptionmustcomplywith 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 operatormay not permit any PIC to operate unless that PIC has demonstrated through AgWorx'straining and currencyrequirements thatthe PIC is able to safely operatethe UA in amanner consistentwithhowthe UAS will be operatedunderthis exemption, including evasive and emergency maneuvers and maintaining appropriate distances from people, vessels, vehicles, and structures. 17. Ifthe 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 ofunpredicted obstacles or emergencies in accordance withthe manuals. 19. The PIC is prohibited from beginning a UAS flight unless (considering wind and forecast weather conditions) there is enough powerto fly to the first point ofintended landing and, assuming normal cruising speed, to fly after that for at least 10 minutes. 20. The operator will file a request for aNotice to Airmen (NOTAM) not more than 72 hours in advance, butnot less than 48 hours priorto the operation. 21. All aircraft operatedin accordancewiththe exemptionmustbe identifiedby 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. part45, Subpart C. Markings mustbe as large as practicable.

6U.S. Department ofTransportation February 19, 2015 Page 7 22. Before conducting operations, the radio frequency spectrumused for operation and control ofthe UA must comply withthe 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 ofthe UAS any time the aircraft is operating. These documents mustbe made available to the Administrator or any lawenforcementofficialuponrequest. 24. The UA must remain clear and yield the right ofway to all other manned operations and activities at all times (including, butnot 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 ofan 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 aNOT AM as required by the operator's COA. The letter of agreement with the airport management must be made available to the Administrator uponrequest. 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 responsibilityto maintain the minimum safe altitudes required by § 91.119. 31. Operations must be conducted at least 500 feet from all nonparticipating persons (persons otherthan 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

7U.S. Department ofTransportation February 19, 2015 Page 8 persons leave such protection and are within 500 feet ofthe 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 ofoperating closerto those objects; and

c. operations nearthe PIC orVO do notpresent anundue 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. Inthe event COAs are required, any incident, accident, or flight operationthattransgresses the lateral or vertical boundaries ofthe 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 overprivate or controlled access propertywiththe 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 bythe grant ofthis 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 inNorth Carolina. Approval ofthis 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 proximityto people and structures. Such manned operations presentthe risks associated withvehiclesthatweighinexcess of6,000lbs., carrying large amounts ofjetA or otherfuel. Such aircraftmustfly to and from theproject location. Incontrast, aUAS weighing fewer than six lbs. and powered by batteries eliminates virtually all ofthat risk given the reduced mass and lack of combustible fuel carried on board. The UAS is carriedto 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 operationofsmall UASs, weighing lessthan sixlbs., conductedinthe strictconditions outlined above, will provide an equivalent level ofsafety supporting the.grant ofthe exemptions requested herein. These lightweight aircraft operate at slow speeds, close to the ground, and in

8U.S. Department ofTransportation February 19, 2015 Page 9

areas that are under the control ofthe customer. As aresult, they are far safer than conventional operations conductedwithmanned aircraft operating in close proximityto the ground andpeople. Satisfaction ofthe criteria provided in Section 333 ofthe Reform Act of 2012

- size, weight, speed, operating capabilities, proximity to airports and populated areas, and operation within visual line ofsight and national security

- provide more than adequatejustification 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 forAgWorx, Inc.

9APPENDIX A EXEMPTION REQUEST AND EQUIVALENT LEVEL OF SAFETY SHOWINGS UNDERAPPLICABLE RULES SUBJECT TO EXEMPTION

AgWorx requests an exemption from the following regulations as well as any additional regulations thatmaytechnically applyto the operationoftheUAS describedherein, 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 inthis case 1 is remotely controlled with no passengers or property of others on board. Section 61.133(a) requires an individual with a commercial pilot's license to be pilot in command of any aircraft for compensation orhire. AgWorx respectfully proposes that operator requirements should take into account the characteristics ofthe particular UAS. The Hawkeye Mk-III has a high degree ofpreprogrammed control and various built-in technical capabilities that strictly limit the potential for operation outside ofthe operating conditions set forth inthe 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 ofunplanned events, the operator can manually intervene to take one ofthe following actions: (i) commandthe 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 ofthe aircraft viathe hand controller andreturn 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 oflost GPS or ofinsufficient satellites initiates a stand-by loiter pattern until suchtime as GPS is re-established orthe PIC assumes manual control ofthe aircraft. • Low battery power on the aircraft (10.4 volts) triggers the landing sequence and the craft will fly to therecovery area. • Ifthe auto-pilot detects a lost-linkto the ground control stationfor longerthan 30 seconds, landingprocedure begins.

1 PrecisionHawk's manuals and related materials forthe 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 iffully set forth herein. Representations contained herein are based on AgWorx's understanding of PrecisionHawk'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 offoam, which is intended to absorb impact energy. • Inthe event the ground stationreaches a low power state, it will alert the pilot. Giventhese safetyfeatures, AgWorxproposesthatoperators oftheUAS shouldnotbe required to hold acommercialpilotcertification. Instead, operators shouldbe requiredto hold only aprivate pilot certification. The risks associated with the operation of the UAS (given its size, speed, operational capabilities, and lack ofcombustible fuel) are so diminished from the level ofrisk associated with commercial operations contemplated by Part 61 with conventional aircraft (fixed wing or rotorcraft) that allowing operations ofthe UAS as set forth above meets or exceeds the present level ofsafetyprovidedunder 14 C.F.R. §61.113(a) & (b) anddoesnotrisetothelevel ofrequiring a commercial pilotto operate the aircraft under§ 61.133(a). Given these conditions and restrictions, an equivalent level of safety will be provided by allowing operation ofthe 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 regulationrequires thatno personmay operate a civil aircraft unless itis in airworthy condition. Should the exemption be granted allowing commercial operation ofthe UAS without an airworthiness certificate, no standard will exist for airworthiness ofthe UAS. Giventhe 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 notbe operated closerthan 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 mustbe 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 ofsafety will be achieved given the size, weight, speed, and material with whichthe UAS is built. Also, no flight will be taken withoutthe permissionofthe landowner orthosewho control the land as well as local officials. Becauseofadvancenoticeto the landowner, all affected individuals will be aware ofthe survey flights. Compared to aerial survey operations
2conducted with aircraft orrotorcraft 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 "aflight in an airplane under VFR conditions unless (considering wind and forecast weather conditions)there is enoughfuel to fly to the first point ofintended 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 poweredflight. Withoutanexemptionfrom § 14 C.F.R. 91.151,theUAS'sflights wouldbelimited to approximately 30 minutes in length. Given the limitations on its proposed operations and the location ofthoseproposedoperations, a longertime frame for flight in daylight VFRconditions 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 engenderthe type ofrisks that Section 91.151(a) was meantto prevent given the size and speed at whichthe 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. AgWorx believes that an equivalent level of safety can be achieved by maintaining 15 minutes ofreserve fuel, which, allowing 45 minutes offlight 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 ofthis part and shall betweenrequired inspections, except as provided in paragraph (c) ofthis 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 ofan 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 licensedpilots and records of approval ofthe aircraft for returnto service.

3Maintenance ofthe UAS will be accomplished pursuant to the UAS manuals referenced herein. Anequivalentlevel ofsafety will be achievedbecause 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. Asprovidedinthemanuals,the operatorwill ensurethattheUAS is inworking order prior to initiating flight, perform required maintenance, and keep a log ofany maintenance that is performed; moreover, the operator is the personmost familiar with the aircraft and is best suitedto maintainthe aircraft inan airworthy conditionandto ensure an equivalentlevel ofsafety. The FAA has granted exemptions for similar operations in Exemptions 11062 through 11067, 11080, 11109, 11110, and 11112.

4APPENDIXB SUMMARY OF AGWORX SECTION 333 EXEMPTION REQUEST

For publication in the Federal Register, AgWorx hereby provides pursuant to Part 11 a summary ofits exemption applicationto allow commercial operationbyAgWorx oftheHawkeye 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