Derek W. Middlesworth

– Section 333 Exemption Petition

- Section 333 Exemption Petition P a g e | 1

U. S. Department of Transportation

Docket Management System

1200 New Jersey Ave, SE

Washington, DC 20590

January 30 , 2016

RE: Exemption Request Section 333 of the FAA Reform Act of 2012 and Part 11 of the Federal Aviation

Regulations

Dear Sir or Madam;

In accordance with the Public Guidance for Petitions for Exemption filed under Section 333, I, Derek W.

Middlesworth, request exemption from the Federal Aviation Regulations to allow for commercial

operations of two Unmanned Aerial Systems (UAS (s) ): a DJI Phantom 3 and AgEagle RAPID for purposes

of agriculture surveying/ crop scouting, training other operators of a UAS in the National Airspace

System (NAS)

, aerial photography and videography; but only so long as such operations are conducted

within and under the conditions outlined herein or as may be established by the FAA as required by

Section 333 or Section 49 USC § 44701.

Applicant:

Derek W.Middlesworth

7660 S E00W

Fairmount, In 46928

derek.middlesworth@gmail.com

Qualifications:

FAA Issued Commercial Pilot Certificate No. 3144596

- Airplane Single Engine Land; Instrument Airplane

Experience:

Former 14 CFR Part 137 Certificate Holder (retired from Agriculture Opera tions in 2011 )

Aircraft Owner: Cessna 172SP

Agronomist for Agri

- Green Farm Management LLC

Indiana Grant County Farm Bureau Board Member

Oak Hill Ag Advisory Board Member

Converse Church of Christ Deacon Board, Assistant TreasureDerek W. Middlesworth

– Section 333 Exemption Petition

- Section 333 Exemption Petition P a g e | 2

Attachments:

DJI Phantom 3

1. DJI Phantom 3 Professional User Manual

2. DJI Phantom 3 Professional Release Notes

3. DJI Phantom 3 Professional Guidelines Disclaimer

4. Intelligent Flight Battery Safety Guidelines

AgEagle RAPID

1. AgEagle RAPID Manual

Regulations from which the exemption is requested:

14 CFR 21, Subpart H

14 CFR 45.23 (b)

14 CFR 61.113 (a) & (b) & 14 CFR 61.133 (a)

14 CFR 91.7 (a)

14 CFR 91.9 (b) (2)

14 CFR 91.103 (b) (2)

14 CFR 91.109

14 CFR 91.119 (c)

14 CFR 91.121

14 CFR 91.151 (a)

14 CFR 91.203 (a) & (b)

14 CFR 91.405 (a)

14 CFR 91.407 (a) (l)

14 CFR 91.409 (a) (l) & (a) (2)

14 CFR 91.417 (a) & (b)

14 CFR 21, Subpart H

- In consideration of the size, weight, speed, and limited operating area associated

with the UAS (s) and their operation s , I, D erek W. Middlesworth request relief from 14 CFR part 21,

Subpart H, and any associated noise certification and testing requirements of part 36. The UAS (s) will

carry neither pilot, passenger, explosive materials nor flammable liquids.

14 CFR 45.23 (b)

- Even though the UAS (s) will have no airworthiness certificate, an exemption may be

needed as the UAS (s) will have no entrance to the cabin, cockpit or pilot station on which the word

"Experimental" can be placed. Given the size of the UAS (s) , two

- inch lettering will be impossib le. The

word "Experimental" will be placed on the fuselage in compliance with §45.29 (f). The equivalent level of

safety will be provided by having the UAS (s) marked on its fuselage as required by §45.29 (f) where the

pilot, observer and others working wit h the UAS (s) will see the identification of the UAS (s) as

"Experimental."

14 CFR 61.113 (a) & (b) & 14 CFR 61.133 (a)

- Since the UAS (s) will not carry a pilot or passengers I, Derek

W. Middlesworth request a relief from these regulations. Any pilot in com mand or (PIC) operating the

UAS (s) will hold a Sport Pilot (or greater) certificate. A visual observer or (VO) will be utilized and

required to communicate verbally at all times. The UAS (s) will be limited to operations within visual

distance of both the P IC and VO. All UAS operations will take place in a controlled area. The risks

associated with the use of a UAS (s) are far less than similar commercial aircraft operations.Derek W. Middlesworth

– Section 333 Exemption Petition

- Section 333 Exemption Petition P a g e | 3

14 CFR 91.7 (a)

- Since the UAS (s) will not carry a pilot or passenger s there will be no airworthiness

certificate issued for the aircraft, should this exemption be granted, no FAA regulatory standard exists for

determining airworthiness. Given the size of the aircraft, maintenance, and use of safety checklist prior to

each flight, an equivalent level of safety will be provided. All flights will be in accordance with the safety

and maintenance recommendations found in the DJI Phantom 3 and AgEagle RAPID attachments.

14 CFR 91.9 (b) (2)

- Given the size and configuration, the UAS (s) has no ability to carry a flight manual

on the aircraft. There is no room, capacity, or pilot on board to adequately carry a flight manual. An

equivalent level of safety will be maintained by keeping the flight manual at the ground station where

th e UAS pilot will have immediate access to it.

14 CFR 91.103 (b) (2)

- As no FAA approved flight manuals will be provided for the aircraft an exemption

is needed. Alternate procedures including but not limited to reviewing weather conditions, checking

flig ht battery requirements, checking takeoff and landing distances along with those found in the

attached " Phantom 3 Professional User Manual " and “AgEagle RAPID manual” will be implemented.

These actions will provide an equivalent or higher level of safety.

14 CFR 91.109

- UAS (s) and remotely piloted aircraft do not have fully functional dual controls. Flight

control is achieved through the use of a control box that communicates with the aircraft via radio

communications. An equivalent level of safety will be achieved using the real time ground station data

and given the UAS (s) will carry neither a pilot nor passengers.

14 CFR 91.119 (c)

- The UAS (s) will never be operated at an altitude higher than 400 feet AGL. The UAS (s)

will operate in safe areas away fro m public and traffic and only with permission of the property and

structure owners. The UAS (s) will also be restricted by the flight controller to a maximum vertical height

of 400 feet AGL, and 1500 feet horizontal. Given the size, weight, maneuverability and speed of the

UAS (s) , an equivalent or higher level of safety will be achieved.

14 CFR 91.121

- As the UAS (s) may not have a barometric altimeter, but instead a GPS barometric sensor

for altitude information an exemption may be required. An equivalent level of safety will be achieved

using a ground station which links to a telemetry data link. This will provide the pilot with live flight data

monitoring, confirming the altitude of the lau nch site shown on the GPS altitude indicator prior to flight.

14 CFR 91.151 (a)

- The UAS (s) have a limited range and will be limited to operations in a controlled

environment. The battery power of the UAS (s) provides approximately 25 minutes of flight ti me. The

UAS (s) are unable to meet the 30 minute reserve requirement and therefore requires an exemption. An

equivalent level of safety will be achieved by monitoring the battery through the ground station and

landing with a minimum of 30 percent battery po wer remaining.

14 CFR 91.203 (a) & (b)

- Given the size and configuration, the UAS (s) have no ability to carry a flight

manual on the aircraft. There is no room, capacity, or pilot on board to adequately carry a flight manual.

An equivalent level of safet y will be maintained by keeping the flight manual at the ground station

where the UAS pilot will have immediate access to it.Derek W. Middlesworth

– Section 333 Exemption Petition

- Section 333 Exemption Petition P a g e | 4

Given the following sections only apply to aircraft with an airworthiness certificate; these sections do

not apply to this applicant. As a safety precaution, the operator will perform preflight inspections and

ensure UAS (s) are in working condition before initiating each flight:

14 CFR 91.405 (a)

14 CFR 91.407 (a) (1)

14 CFR 91.409 (a) (l) & (a) (2)

14 CFR 91.417 (a) & (b)

Equivalent Level of Safety

In addition to the safety standards mentioned above the UAS (s) will adhere to the following

additional guidelines:

1. The UAS (s) will not be operated within 5 miles of an airport unless prior contact to Air Traff ic Control

has been established.

2. Flights will not exceed an airspeed of 36 mph (31.3 knots)

3. Flights will be operated at or below an altitude never exceeding 400 feet AGL.

4. The PIC and VO will communicate verbally at all times.

5. UAS operations will not be con ducted during night.

6. All operations will be conducted under visual meteorological conditions.

7. The UAS (s) will land with a minimum 30 percent battery reserve remaining.

8. The UAS (s) will only be piloted within visual line of sight.

9. The UAS (s) will utilize an internal flight safety feature that will return to a preprogrammed position

and land if communication with the remote control is lost.

10. Preflight inspections and protocol will be followed prior to all operations.

11. The UAS (s) will abort fligh t in the event of unpredictable obstacles or emergencies.

Public Interest

I, Derek W. Middlesworth , believe the use of a UAS in lieu of a manned aircraft would enhance safety

and reduce the environmental impact compared to similar operations conducted wi th a manned aircraft

carrying a crew and flammable fuel.

As a professional aviator I experience the need to keep our skies safe. My primary role with UAS

operations will be agriculture crop scouting, aerial imagery and videography. I will also assume the role

to educate and train existing and future operators with their UAS in the NAS. These operators will no

doubt be flying UAS with cameras and such the need to educate them as to their operation while

maintaining the privacy of their neighbors.

Privacy

All flights will occur over private or controlled areas with the owner's consent. Capturing people in

images will rarely occur. If a person is captured in a collected image they will have consented prior to

filming or otherwise have agreed to be in the ar ea prior to the filming taking place.

Sincerely,

Derek W. Middlesworth