Secher Site Specific LLC 2299 W Sanila c Rd Sandusky MI 48471

1 Petition for:

Rodney G Schmidt Secher Site Specific LLC.

2299 W Sanilac Rd Sandusky, MI 48471

The petitioner requests relief from the following r egulations:

Exemption Request Section 333 of the FAA Reform Act and Part 11 of the Federal Aviation Regulations from 14 C.F.R. 45.23(b); 14 CF R Part 21; 14 CFR 61.113 (a) & (b); 91.7 (a); 91.9 (b) (2); 91.109; 91.119; 91.121; 91. 151(a); 91.203(a) & (b); 91.405 (a); 91.407(a) (1); 91.409 (a) (2); 91.417 (a) & (b ).

Part 21, Certification Procedures for Products and Parts, prescribes, in pertinent part, the procedura l requirements for issuing and changing design approv als, production approvals, airworthiness certificates, and airworthiness approvals.

Section 45.23 prescribes in paragraph (a) that each operator of an aircraft must display on that aircraft marks consisting of the Roman capital lett er “N” (denoting United States registration) followed by the registration number of the aircraft . It then prescribes in paragraph (b) that when marks include only the Roman capital letter “N” and the registration number is displayed on limited, restricted, or light-sport category aircraft or exp erimental or provisionally certificated aircraft, t he operator must also display on that aircraft near ea ch entrance to the cabin, cockpit, or pilot station , in

letters not less than 2 inches nor more than 6 inch es high, the words “limited,” “restricted,” “lightsport,” “experimental,” or “provisional,” as applic able.

Section 45.29(b) (iii) prescribes, in pertinent par t, that marks at least 3 inches high may be display ed on an aircraft for which the FAA has issued an expe rimental certificate under §§ 21.191(d), 21.191(g), or 21.191(i) of this chapter to operate as an exhibition aircraft, an amateur-built aircraf t, or a light-sport aircraft when the maximum cruising sp eed of the aircraft does not exceed 180 knots calibrated airspeed.

Section 61.113(a) and (b) prescribes, in pertinent part, that—

(a) No person who holds a private pilot certificate may act as a pilot in command (PIC) of an aircraft that is carrying passengers or property fo r compensation or hire; nor may that person, for compensation or hire, act as PIC of an aircraft

.

(b) a private pilot may, for compensation or hire, act as pilot in command of an aircraft in connection with any business or employment if:

(1) The flight is only incidental to that business or employment; and

(2) The aircraft does not carry passengers or prope rty for compensation or hire.Secher Site Specific LLC 2299 W Sanila c Rd Sandusky MI 48471

2 Section 61.133(a) prescribes, in pertinent part, th at a person who holds a commercial pilot certificat e may act as pilot in command of an aircraft: (i) Car rying persons or property for compensation or hire, provided the person is qualified in accordance with this part and with the applicable parts of this chapter that apply to the operation; and (ii) For c ompensation or hire, provided the person is qualifi ed in accordance with this part and with the applicabl e parts of this chapter that apply to the operation

.

Section 91.9(b)(2) prescribes, in pertinent part, t hat no person may operate a U.S.-registered civil

aircraft unless there is available in the aircraft a current approved Airplane or Rotorcraft Flight Manual, approved manual material, markings, and pla cards, or any combination thereof.

Section 91.109(a) prescribes, in pertinent part, th at no person may operate a civil aircraft (except a manned free balloon) that is being used for flight instruction unless that aircraft has fully function ing

dual controls.

Section 91.119 prescribes that, except when necessa ry for takeoff or landing, no person may operate an aircraft below the following altitudes:

(a) Anywhere. An altitude allowing, if a power unit fails, an eme rgency landing without undue hazard to persons or property on the surface.

(b) Over congested areas. Over any congested area of a city, town, or settlem ent, or over any open air assembly of persons, an altitude of 1,000 feet above the highest obstacle within a

horizontal radius of 2,000 feet of the aircraft.

(c) Over other than congested areas. An altitude of 500 feet above the surface, except o ver open water or sparsely populated areas. In those ca ses, the aircraft may not be operated closer than 500 feet to any person, vessel, vehicle, or st ructure.

(d) Helicopters, powered parachutes, and weight-shift-c ontrol aircraft. If the operation is conducted without hazard to persons or property on the surface—

(1)A helicopter may be operated at less than the mi nimums prescribed in paragraph (b) or (c) of this section, provided each person op erating the helicopter complies with any routes or altitudes specifically prescribed for helicopters by the FAA; and

(2) A powered parachute or weight-shift-control air craft may be operated at less than the minimums prescribed in paragraph (c) of this se ction.

Section 91.121 prescribes, in pertinent part, that each person operating an aircraft shall maintain th e cruising altitude by reference to an altimeter that is set when operating below 18,000 feet mean sea level (MSL) to the elevation of the departure airpo rt or an appropriate altimeter setting available before departure.

Section 91.151(a) prescribes that no person may beg in a flight in an airplane under visual flight rule s (VFR) conditions unless (considering wind and forec ast weather conditions) there is enough fuel to fly to the first point of intended landing and, ass uming normal cruising speed, (1) during the day, to fly after that for at least 30 minutes [emphasis added].Secher Site Specific LLC 2299 W Sanila c Rd Sandusky MI 48471

3 Section 91.203(a) prescribes, in pertinent part, th at no person may operate a civil aircraft unless it has within it (1) an appropriate and current airworthin ess certificate; and (2) an effective U.S. registra tion certificate issued to its owner or, for operation w ithin the United States, the second copy of the Aircraft registration Application as provided for i n § 47.31(c).

Section 91.203(b) prescribes, in pertinent part, th at no person may operate a civil aircraft unless th e airworthiness certificate or a special flight autho rization issued under § 91.715 is displayed at the cabin or cockpit entrance so that it is legible to passengers or crew.

Section 91.405(a) requires, in pertinent part, that an aircraft operator or owner shall have that airc raft inspected as prescribed in subpart E of the same pa rt and shall, between required inspections, except as provided in paragraph (c) of the same section, h ave discrepancies repaired as prescribed in part 43 of the chapter.

Section 91.407(a)(1) prohibits, in pertinent part, any person from operating an aircraft that has undergone maintenance, preventive maintenance, rebu ilding, or alteration unless it has been approved for return to service by a person authoriz ed under § 43.7 of the same chapter.

Section 91.409(a) (2) prescribes, in pertinent part , that no person may operate an aircraft unless, within the preceding 12 calendar months, it has had an inspection for the issuance of an airworthiness certificate in accordance with part 21 of this chap ter.

Section 91.417(a) and (b) prescribes, in pertinent part, that—

(a) Each registered owner or operator shall keep t he following records for the periods specified in paragraph (b) of this section:

(1) Records of the maintenance, preventive maintena nce, and alteration and records of the 100-hour, annual, progressive, and other req uired or approved inspections, as appropriate, for each aircraft (including the airfr ame) and each engine, propeller, rotor, and appliance of an aircraft. The records mu st include—

(i) A description (or reference to data acceptable to the Administrator) of the work performed; and

(ii) The date of completion of the work performed; and

(iii) The signature, and certificate number of the person approving the aircraft

for return to service.

(2) Records containing the following information:

(i) The total time in service of the airframe, each engine, each propeller, and

each rotor.

(ii) The current status of life-limited parts of ea ch airframe, engine, propeller, rotor, and appliance.Secher Site Specific LLC 2299 W Sanila c Rd Sandusky MI 48471

4 (iii) The time since last overhaul of all items ins talled on the aircraft which are required to be overhauled on a specified time b asis.

(iv)The current inspection status of the aircraft, including the time since the last inspection required by the inspection program under which the aircraft and its appliances are maintained.

(v) The current status of applicable airworthiness directives (AD) and safety directives including, for each, the method of compl iance, the AD or safety

directive number and revision date. If the AD or sa fety directive involves recurring action, the time and date when the next a ction is required.

(vi) Copies of the forms prescribed by § 43.9(d) of this chapter for each major alteration to the airframe and currently installed engines, rotors, propellers, and appliances.

(b) The owner or operator shall retain the followin g records for the periods prescribed:

(1) The records specified in paragraph (a)(1) of this s ection shall be retained until the work is repeated or superseded by other work or for 1 year after the work is performed.

(2) The records specified in paragraph (a) (2) of this section shall be retained and

transferred with the aircraft at the time the aircr aft is sold.

(3) A list of defects furnished to a registered owner o r operator under § 43.11 of this chapter shall be retained until the defects are rep aired and the aircraft is approved

for return to service.

The petitioner supports its request with the follow ing information:

The petitioner has provided the following informati on – contained in its petition and proprietary supporting documentation: 1). AgEagle Documents-inc luding; (a)Non Manual Mode Overview (b) Quick Fly Steps (c) Pre-Launch Sequence (d)Pre-Flig ht Check (e) In-Flight Procedures (f) When Things go Wrong (g) Tips and Tricks 2). AMA Safety Code 3). 540D “see and avoid” guidance 4). Local Aeronautical Chart

Unmanned Aircraft System (UAS)

The petitioner states it plans to operate a UAS, th e AgEagle system carrying a geo-referenced still camera to conduct photogrammetry and crop scouting in order to perform precision agriculture. The petitioner explains the AgEagle system consists of a 6.5lb battery powered aircraft, a personal computer-based ground control station, and associat ed communications equipment. The AgEagle is a fixed-wing aircraft with a wingspan of 56 inches an d 28inches in length which can operate at a maximum speed of about 32 knots. Petitioner propose s to abide by to ensure this exemption willSecher Site Specific LLC 2299 W Sanila c Rd Sandusky MI 48471

5 provide a level of safety at least equal to existin g rules from the AMA National Model Aircraft Safety Code and 540D “see and avoid” guidance.

The petitioner states the AgEagle normally operates in an autonomous mode. Also, the PIC can modify the flight plan of the AgEagle at any time, using the flight management interface or by manual take-over via a regular RC remote controller (this is an update from the original operator’s manual). In autonomous mode, the operator can instr uct the AgEagle to hold (loiter) at its current position, return to the home waypoint, initiate the planned landing procedure and immediately land.

Regarding airworthiness certification, the petition er requests an experimental airworthiness certificate be issued for the AgEagle under the pro visions of § 21.191(a) and (b). The petitioner stat es because an experimental certificate can be used for commercial purposes such as market surveys, sales demonstrations, and customer crew training; i t believes an experimental certificate would permit this commercial purpose. The petitioner furt her states if an experimental airworthiness certificate is not appropriate, it requests an exem ption from part 21, subpart H because the AgEagle will be at least as safe, if not safer, than a conv entionally certificated aircraft performing the sam e mission. The petitioner notes the AgEagle (1) will not carry persons, property, or fuel, (2) will only fly under strict operational requirements, (3) will weigh only 6.5 pounds, and (4) is constructed primarily out of foam.

Regarding civil aircraft certification required und er § 91.203(a) and (b), the petitioner asserts the AgEagle at 6.5 pounds is too small to carry documen tation, does not have an entrance, and is not capable of carrying passengers or crew. The petitio ner proposes to achieve an equivalent level of safety and meet the intent of § 91.203 by co-locati ng documents deemed appropriate for this aircraft by the FAA with the crew at the ground control stat ion and available for inspection upon request. To identify the aircraft, the petitioner proposes that the information found on airworthiness and registration certificates be permanently affixed to the aircraft via placard.

The petitioner requests an exemption from §§ 45.23 and 45.29 because the 6.5 pound AgEagle does

not have an entrance in which the word “EXPERIMENTA L” can be placed and may not have a registration number assigned to it by the FAA. The petitioner proposes to achieve an equivalent level of safety by including the word “EXPERIMENTAL” on t he top of the aircraft, where people in the vicinity of the aircraft will be able to see the de signation. Additionally, the petitioner notes the previously proposed permanent placard regarding § 9 1.203 will provide the aircraft’s registration information should it be found on the ground. The p etitioner adds it will display at the ground statio n a high contrast flag or banner that contains the wo rds “Unmanned Aircraft Ground Station” in letters 3 inches high or greater.

Regarding keeping an approved civil aircraft flight manual aboard the UAS, the petitioner states it may need an exemption from § 91.9 because the aircr aft is too small to carry documentation and that

documentation would not be available to the crew. T he petitioner proposes to obtain an equivalent level of safety by mandating that a current, approv ed Airplane Flight Manual be available to the crew at the ground station anytime the aircraft is in fl ight or preparing for flight.

Regarding the requirements for fully functioning du al flight controls aboard the aircraft, the petitioner notes the AgEagle ground control station is based on a small hand-held computer; while it does not offer a second set of “controls,” both the student and instructor can and will operate theSecher Site Specific LLC 2299 W Sanila c Rd Sandusky MI 48471

6 single set of controls simultaneously, which the pe titioner asserts will meet the intent of § 91.109 a nd provide an equivalent level of safety.

The petitioner requests an exemption from the maint enance, preventative maintenance, and alterations requirements in part 91, Subpart E (§§ 91.401 through 91.417). The petitioner proposes that the PIC perform maintenance and inspection of the aircraft and be authorized to approve the aircraft for return to service. The petitioner expl ains as provided in the supplemental, proprietary maintenance procedures submitted to the FAA under s eparate cover to its petition, the PIC will ensure that the aircraft is in an airworthy conditi on prior to flight and conduct detailed inspections after every flight. The petitioner states maintenan ce performed by the PIC is limited to repairing small cracks, replacing a propeller, and updating s oftware and firmware; all other maintenance will be performed by the manufacturer. The PIC will docu ment work performed in accordance with § 91.417. The petitioner asserts that because of the size, construction, and simplicity of the aircraft, the PIC can ensure an equivalent level of safety.

Regarding UAS operational training, the petitioner states he has flown numerous practice flights in remote areas as a hobbyist simulating flights for f uture commercial use to gain familiarization with the characteristics of his UAS’ performance under d ifferent temperature and weather conditions. He further states that he practices computerized simul ated flights to maintain adequate skills and response reflex time.

UAS Pilot in Command (PIC)

The petitioner states the aircraft will be operated in the field with both a PIC and a ground-based Visual Observer (VO) in accordance with FAA Policy N 8900.227.

Regarding PIC private pilot privileges and limitati ons and commercial pilot privileges and limitations, the petitioner states its proposed ope rations meet the requirements of N 8900.227 paragraph 16.c.(2)(c), operations without a pilot c ertificate, in which the PIC is required to complet e FAA private pilot ground instruction and pass the F AA private pilot written examination. According to the petitioner, because there are currently no m eans available for the pilot of a UAS to gain the experience in an equivalent category and class in o rder to apply for a commercial pilot certificate, i t would generate an equivalent level of safety by req uiring its pilots to complete, at a minimum, the FAA commercial pilot ground instruction and pass th e FAA commercial pilot written examination. The petitioner states that since pilot training is night and day different between RC/UAS flight training he requests to be exempt from private pilo t flight instruction and be required to take a FAA approved UAS flight training course when available. The petitioner asserts because the AgEagle cannot carry passengers or property, its UAS pilots would meet the intent of § 61.113(b) even though its request for exemption is to conduct a business.

Regarding medical requirements for the PIC and obse rver, the petitioner seeks an exemption from N 8900.227 paragraphs 16.c.(4) and 16.e.(1). The pe titioner asserts the policy requiring the crew to meet the same medical requirements as a commercial pilot, carrying passengers in a large aircraft, is an unnecessary burden. The petitioner proposes the minimum medical requirements be vision corrected to 20/20 and a valid, State-issued driver ’s license. The petitioner notes because of the aircraft’s size and weight, the greatest hazard of its proposed operation will be driving to the launc h site. The petitioner adds that should the PIC and V O become medically incapacitated, the AgEagleSecher Site Specific LLC 2299 W Sanila c Rd Sandusky MI 48471

7 will recover autonomously to the landing location d esignated before launch without crew

intervention.

UAS Operating Parameters

The petitioner states the aircraft will be operated with both a PIC and a ground-based VO in accordance with FAA Policy N 8900.227 Section 14, O perational Requirements for UAS. The petitioner adds some restrictions to N 8900.227 to include that all operations will occur in class G airspace at no more than 400 feet above ground leve l (AGL); operations will be conducted over private property with the permission of the land ow ner; and all required permits will be obtained from state and local government before operation. T he petitioner notes the PIC will file a Notice to Airmen (NOTAM) providing radial/distance measuring equipment, radius, and a date/time group for each operation.

The petitioner also states the aircraft will not be operated (1) over urban or populated areas; (2) at air shows or over an open-air assembly of people; (3) o ver heavily trafficked roads; or (4) within 5 nautical miles of an airport or heliport. The petit ioner notes operations will be limited to day, visu al meteorological conditions and the aircraft will rem ain within visual line of sight at no greater than

1/2 nautical mile of the PIC at all times. In addit ion, while the aircraft is airborne, the VO will be positioned within voice distance to the PIC.

With respect to operating altitudes, the petitioner requests an exemption from the minimum safe altitude requirements in § 91.119. The petitioner n otes the regulation provides that over sparsely populated areas the aircraft cannot be operated clo ser than 500 feet to any person, vessel, vehicle, o r structure. The petitioner maintains because the air craft will be operating at a maximum of 400 feet AGL, it cannot comply with this requirement. The pe titioner proposes to provide an equivalent level of safety by only flying over private property with the permission of the landowner. The petitioner states the landowner will be briefed on the expecte d route of flight and the associated risks to perso ns and property on the ground. The petitioner asserts that because of the small size of the AgEagle, the hazard to persons, vessels, vehicles, and structure s is not comparable to manned aircraft and should be considered in granting the exemption. The petiti oner further states the aircraft will not be operat ed over congested areas nor over any open air assembly of persons. In addition, the petitioner explains the aircraft will be operated at an altitude allowi ng, if a power unit fails, an emergency landing without undue hazard to persons or property on the surface.

The petitioner requests an exemption regarding the altimeter settings in § 91.121 because the AgEagle will fly below 400 feet AGL and will not ne ed to maintain hemispherical cruising altitudes to de-conflict with other aircraft. The petitioner states AGL should be an appropriate altimeter measurement presented to the pilot, and it should b e based on the barometric pressure at the point of launch. To provide an equivalent level of safety, t he petitioner explains the UAS’ AGL altimeter will be set to zero on the ground before every flight. T he petitioner asserts that because the aircraft wil l fly no more than 40 minutes, even rapid changes in barometric pressure will have limited effect on the safety of the flight.Secher Site Specific LLC 2299 W Sanila c Rd Sandusky MI 48471

8 Regarding the fuel requirements in § 91.151, the pe titioner states the AgEagle is battery-operated and the maximum duration of flight from a single batter y charge is 40 minutes. The petitioner explains the aircraft will never fly more than 1/2 nautical mile from the point of intended landing and that a full battery charge at launch will ensure it meets the reserve energy requirements. The petitioner requests an exemption to the word “fuel” and asks f or an equivalent interpretation with the word “energy.”

Public Interest

The petitioner states the AgEagle carries an onboar d geo-referenced still camera that provides highresolution data to direct variable seeding rates as well as the precise application of fertilizer and chemicals, reducing their use. According to the pet itioner, this data helps farmers maximize yields while reducing costs and impacts to the environment . The petitioner concludes that by granting an exemption, the FAA will create benefits to both agr iculture and the environment, which are ultimately in the public interest.