Secher Site Specific LLC 2299 W Sanilac Rd Sandusky MI 48471 

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Petition for: 

Rodney G Schmidt 

Secher Site Specific LLC. 

2299 W Sanilac Rd 

Sandusky, MI 48471 

The petitioner requests relief from the following regulations: 

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 CFR 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 procedural 

requirements for issuing and changing design approvals, 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 letter “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 experimental or provisionally certificated aircraft, the 

operator must also display on that aircraft near each entrance to the cabin, cockpit, or pilot station, in 

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

Section 45.29(b) (iii) prescribes, in pertinent part, that marks at least 3 inches high may be displayed 

on an aircraft for which the FAA has issued an experimental certificate under §§ 21.191(d), 

21.191(g), or 21.191(i) of this chapter to operate as an exhibition aircraft, an amateur-built aircraft, or 

a light-sport aircraft when the maximum cruising speed 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 for 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 property for compensation or hire. 
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Section 61.133(a) prescribes, in pertinent part, that a person who holds a commercial pilot certificate 

may act as pilot in command of an aircraft: (i) Carrying 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 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. 

Section 91.9(b)(2) prescribes, in pertinent part, that 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 placards, or any combination thereof. 

 

Section 91.109(a) prescribes, in pertinent part, that no person may operate a civil aircraft (except a

manned free balloon) that is being used for flight instruction unless that aircraft has fully functioning 

dual controls. 

Section 91.119 prescribes that, except when necessary 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 emergency landing without 

undue hazard to persons or property on the surface. 

(b) Over congested areas. Over any congested area of a city, town, or settlement, 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 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. 

(d) Helicopters, powered parachutes, and weight-shift-control 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 minimums prescribed in paragraph 

(b) or (c) of this section, provided each person operating the helicopter complies with 

any routes or altitudes specifically prescribed for helicopters by the FAA; and 

(2) A powered parachute or weight-shift-control aircraft may be operated at less than 

the minimums prescribed in paragraph (c) of this section. 

Section 91.121 prescribes, in pertinent part, that each person operating an aircraft shall maintain the 

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 airport or an appropriate altimeter setting available 

before departure. 

Section 91.151(a) prescribes that no person may begin a flight in an airplane under visual flight rules 

(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 [emphasis added]. 
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Section 91.203(a) prescribes, in pertinent part, that no person may operate a civil aircraft unless it has 

within it (1) an appropriate and current airworthiness certificate; and (2) an effective U.S. registration 

certificate issued to its owner or, for operation within the United States, the second copy of the 

Aircraft registration Application as provided for in § 47.31(c). 

Section 91.203(b) prescribes, in pertinent part, that no person may operate a civil aircraft unless the 

airworthiness certificate or a special flight authorization 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 aircraft 

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

as provided in paragraph (c) of the same section, have 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, rebuilding, or alteration unless it has been 

approved for return to service by a person authorized 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 chapter. 

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

 

(a) Each registered owner or operator shall keep the following records for the periods 

specified in paragraph (b) of this section: 

 

(1) Records of the maintenance, preventive maintenance, and alteration and records 

of the 100-hour, annual, progressive, and other required or approved inspections, as 

appropriate, for each aircraft (including the airframe) and each engine, propeller, 

rotor, and appliance of an aircraft. The records must 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 each airframe, engine, propeller, 

rotor, and appliance. 
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(iii) The time since last overhaul of all items installed on the aircraft which 

are required to be overhauled on a specified time basis. 

(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 compliance, the AD or safety 

directive number and revision date. If the AD or safety directive involves 

recurring action, the time and date when the next action 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 following records for the periods prescribed: 

(1) The records specified in paragraph (a)(1) of this section 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 aircraft is sold. 

(3) A list of defects furnished to a registered owner or operator under § 43.11 of this 

chapter shall be retained until the defects are repaired and the aircraft is approved 

for return to service. 

The petitioner supports its request with the following information: 

The petitioner has provided the following information – contained in its petition and proprietary 

supporting documentation: 1). AgEagle Documents-including; (a)Non Manual Mode Overview (b) 

Quick Fly Steps (c) Pre-Launch Sequence (d)Pre-Flight 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, the 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 associated communications equipment. The AgEagle is a 

fixed-wing aircraft with a wingspan of 56 inches and 28inches in length which can operate at a 

maximum speed of about 32 knots. Petitioner proposes to abide by to ensure this exemption will 
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provide a level of safety at least equal to existing 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 instruct 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 petitioner requests an experimental airworthiness 

certificate be issued for the AgEagle under the provisions of § 21.191(a) and (b). The petitioner states 

because an experimental certificate can be used for commercial purposes such as market surveys, 

sales demonstrations, and customer crew training; it believes an experimental certificate would 

permit this commercial purpose. The petitioner further states if an experimental airworthiness 

certificate is not appropriate, it requests an exemption from part 21, subpart H because the AgEagle 

will be at least as safe, if not safer, than a conventionally certificated aircraft performing the same 

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 under § 91.203(a) and (b), the petitioner asserts the 

AgEagle at 6.5 pounds is too small to carry documentation, does not have an entrance, and is not 

capable of carrying passengers or crew. The petitioner proposes to achieve an equivalent level of 

safety and meet the intent of § 91.203 by co-locating documents deemed appropriate for this aircraft 

by the FAA with the crew at the ground control station 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 “EXPERIMENTAL” 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 the top of the aircraft, where people in the 

vicinity of the aircraft will be able to see the designation. Additionally, the petitioner notes the 

previously proposed permanent placard regarding § 91.203 will provide the aircraft’s registration 

information should it be found on the ground. The petitioner adds it will display at the ground station 

a high contrast flag or banner that contains the words “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 aircraft is too small to carry documentation and that 

documentation would not be available to the crew. The petitioner proposes to obtain an equivalent 

level of safety by mandating that a current, approved Airplane Flight Manual be available to the crew 

at the ground station anytime the aircraft is in flight or preparing for flight. 

Regarding the requirements for fully functioning dual 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 the 
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single set of controls simultaneously, which the petitioner asserts will meet the intent of § 91.109 and 

provide an equivalent level of safety. 

The petitioner requests an exemption from the maintenance, 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 explains as provided in the supplemental, proprietary 

maintenance procedures submitted to the FAA under separate cover to its petition, the PIC will 

ensure that the aircraft is in an airworthy condition prior to flight and conduct detailed inspections

after every flight. The petitioner states maintenance performed by the PIC is limited to repairing 

small cracks, replacing a propeller, and updating software and firmware; all other maintenance will 

be performed by the manufacturer. The PIC will document 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 future commercial use to gain familiarization with 

the characteristics of his UAS’ performance under different temperature and weather conditions. He 

further states that he practices computerized simulated 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 limitations and commercial pilot privileges and 

limitations, the petitioner states its proposed operations meet the requirements of N 8900.227 

paragraph 16.c.(2)(c), operations without a pilot certificate, in which the PIC is required to complete 

FAA private pilot ground instruction and pass the FAA private pilot written examination. According 

to the petitioner, because there are currently no means available for the pilot of a UAS to gain the 

experience in an equivalent category and class in order to apply for a commercial pilot certificate, it 

would generate an equivalent level of safety by requiring its pilots to complete, at a minimum, the 

FAA commercial pilot ground instruction and pass the 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 pilot 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 observer, the petitioner seeks an exemption from 

N 8900.227 paragraphs 16.c.(4) and 16.e.(1). The petitioner 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 launch 

site. The petitioner adds that should the PIC and VO become medically incapacitated, the AgEagle 
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will recover autonomously to the landing location designated 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, Operational 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 level (AGL); operations will be conducted over 

private property with the permission of the land owner; and all required permits will be obtained 

from state and local government before operation. The 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) over heavily trafficked roads; or (4) within 5 

nautical miles of an airport or heliport. The petitioner notes operations will be limited to day, visual 

meteorological conditions and the aircraft will remain within visual line of sight at no greater than 

1/2 nautical mile of the PIC at all times. In addition, 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 notes the regulation provides that over sparsely 

populated areas the aircraft cannot be operated closer than 500 feet to any person, vessel, vehicle, or 

structure. The petitioner maintains because the aircraft will be operating at a maximum of 400 feet 

AGL, it cannot comply with this requirement. The petitioner 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 expected route of flight and the associated risks to persons 

and property on the ground. The petitioner asserts that because of the small size of the AgEagle, the 

hazard to persons, vessels, vehicles, and structures is not comparable to manned aircraft and should 

be considered in granting the exemption. The petitioner further states the aircraft will not be operated 

over congested areas nor over any open air assembly of persons. In addition, the petitioner explains 

the aircraft will be operated at an altitude allowing, 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 need 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 be based on the barometric pressure at the point of 

launch. To provide an equivalent level of safety, the petitioner explains the UAS’ AGL altimeter will 

be set to zero on the ground before every flight. The petitioner asserts that because the aircraft will 

fly no more than 40 minutes, even rapid changes in barometric pressure will have limited effect on 

the safety of the flight. 
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Regarding the fuel requirements in § 91.151, the petitioner states the AgEagle is battery-operated and

the maximum duration of flight from a single battery 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 for an equivalent interpretation with the word 

“energy.” 

Public Interest 

The petitioner states the AgEagle carries an onboard 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 petitioner, 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 agriculture and the environment, which are 

ultimately in the public interest.