Jon Tull, CEO Ag Tech Enterprises, Inc. 4580 E

.Thousand Oaks Blvd. Suite 300 Westlake Village, CA 91362 June 12, 2015

Unmanned Ai rcraft Systems Integration Office AFS-80 800 Independence Ave., S.W. Wash ington, D.C. 20591
To Whom It May Concern: Enclosed please find an exemption application filed on behalfofAg Tech Enterprises, Inc. under Section 333 ofthe FAA Modernization and Reform Actof2012 and 14C.F.R. Part 11toallow commercial operations of unmanned aircraftfor precision aerial survey. We here at Ag Tech requestthatyou considerthis request forsummarygrant based up on the company's existing 333 exemption (Exemption No. 11573; Regulatory Docket No. FAA
-2015
-0351) for use ofa similaraircraft, and also based uponthe exemptions that have already been granted regarding the make and model ofaircraft presently at issue. Should you oryourstaffhave any questions, please contact the undersigned. Thankyou foryourtime and consideration.

Jon Tull, CEO EnclosuresJune 12, 2015 U.S. DepartmentofTransportation DocketManagementSystem 1200NewJersey Ave., SE Washington,DC20590 Re: Exemption Request Under Section 333 ofthe FAA Reform Act and Part 11 ofthe Federal AviationRegulations DearMadam, Sir, Pursuant to Section 333 ofthe FAA Modernization and Reform Act of2012 (the "Reform Act") and 14 C.F.R. Part 11, AgTechEnterprises, Inc. ("AgTech") anoperatorofthe YuneecTyphoon Q500 (the "UA V") seeks an exemption from the Federal Aviation Regulations ("F ARs") listed below:
• 14 C.F.R. 21 • 14 C.F.R. 45.23 • 14 C.F.R. 45
.29 • 14 C.F.R. 61.3 • 14 C.F.R. 61.113(a)&(b) • 14 C.F.R. 61.133(a)&(b) • 14 C
.F.R. 91.121 • 14 C.F.R. 91.7(b) • 14 C.F.R. 91. 119 • 14 C.F.R. 91.151(a) • 14 C.F.R. 91.203(a)&(b) • 14 CFR SubpartE (91.401

- 91.417) Therequested exemptionwould authorize commercia l operationsusing the UAV formapping and survey applications, including real estate photography andprecision agriculture. These operations will be subjectto strictoperatingrequirements and conditions defined in theparagraph 3.


### 1. CHARACTERISTICS OF THEAIRCRAFT The UAV is a vertical takeoff and landing (VTOL) Unmanned Aircraft (UA) with a Ground Control Station (GCS) utilizing electronic tablet or smart phone systems. The UAV has a maximum gross weight of7 pounds, a length of 17 inches, a heightof 1 0 inches, and a ma ximum speed of approximately 30 knots. The UA V is equipped with four main rotors, driven by LithiumPolymerbattery powered motors.
2. APPLICATIONS AgTechintends to use the UAVto collectaerial datafor use inthe following areas:• Real Estate Photography • Surveying • PrecisionAgriculture With regards to precision agriculture, this exemption will allow Ag Techto assist customers with crop yield optimization, resource allocation and management, pest control, and risk management. 

### Ag Tech proposes to use a small, lightweight UAV and proprietary cloud-based software to collect, process, and analyze aerial data. In doing so, Ag Tech would occupy a brand new space in a transformative industry by providing high quality and actionable information to users. Ag Tech's use ofthe UAV would contribute to various social goods, from environmental protection to improved crop yields. In providing this service, Ag Tech would empower researchers and farmers to make better management decisions through software that identifies disease and insects, nutrient deficiencies, andmaterials for increasing yields withfewer resources. Operations underthe 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. All sUAS flights that will occur over private or controlled access property, will do so with the property owner's prior consent and knowledge and that only people who have consented or otherwise have agreed to be in the areawhere filming will take place will be filmed. 3. OperatingRequirements Grant of the exemption to Ag Tech for the UA V will be subject to the following operating conditions:

• 1. Operations authorized by this grant of exemption are limited to the UA V when weighing less than 55 pounds including payload. Proposed operations ofany other aircraft will require a newpetition or a petitionto amendthis exemption.

• 2. Operations for the purpose of closed-set motion picture and television filming are not permitted.
• 3. The UA may not be operated at a speed exceeding 87 knots (100 miles per hour). The exemption holder may use either groundspeed or calibrated airspeed to determine compliance with the 87 knot speed restriction. In no case will the UA be operated at airspeeds greater than the maximum UA operating airspeed recommended by the aircraft manufacturer.

• 4. The UA must be operated at an altitude ofno more than 400 feet above ground level (AGL). Altitudemust be reportedinfeet AGL.

• 5. The UA must be operated within visual line of sight (VLOS) ofthe PIC at all times. This requires the PIC to be able to use human vision unaided by any device other than corrective lenses, as specified onthe PIC's FAA-issued airman medical certificate or U.S. driver's license.

• 6. All operations mustutilize a visual observer (VO). The UA mustbe operated within the visual line ofsight (VLOS) ofthe PIC and VO at all times. The VO maybe usedto 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; electronic messaging or texting is not permitted during flight operations. The PIC must be designated before the flight and cannot transfer his or her designation for the duration ofthe flight. The PIC must ensure that the VO canperform the duties required oftheVO.

• 7. This exemption and all documents needed to operate the UAS and conduct its operations in accordance with the conditions and limitations stated in this grant of exemption, are hereinafter referred to as the operating documents. The operating docmnents must be accessible during UAS operations and made available to the Administratorupon request. Ifa discrepancy exists betweenthe conditions and limitations in this exemption and the procedures outlined in the operating documents, the conditions and limitations herein take precedence and must be followed. Otherwise, the operator must follow the procedures as outlined in its operating documents. The operator may update or revise its operating documents. It 

### is the operator's responsibility to track such revisions and present updated and revised documents to the Administrator or any law enforcement official upon request. The operator must also present updated and revised docwnents ifit petitions for extension or amendment to this grant ofexemption. Ifthe operator determines that any update or revision would affect the basis upon which the FAA granted this exemption, then the operatormustpetition for an amendment to its grant ofexemption. The FAA's UAS Integration Office (AFS-80) may be contacted ifquestions arise regarding updates orrevisions to the operating documents.
• 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 prior to conducting further operations under this exemption. Functional test flights may only be conducted by a PIC with a VO and must remain at least 500 feet from other people. The functional test flight must be conducted in such a manner so as to not pose an undue hazard to persons and property.
• 9. The operator is responsible for maintaining and inspecting the UAS to ensure that it is in a condition for safe operation.
• 10. Prior to each flight, the PIC must conduct a pre-flight inspection and determine the UAS is in a condition for safe flight. The pre-flight inspection must account for all potential discrepancies, e.g. inoperable components, items, or equipment. 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.
• 11. The operator must follow the UAS manufacturer's maintenance, overhaul, replacement, inspection, and life limit requirements for the aircraft and aircraft components.
• 12. Each UAS operated under this exemption must comply with all manufacturer safety bulletins.
• 13. Under this grant ofexemption, a PIC musthold either an airline transport, commercial, private, recreational, or sport pilot certificate. The PIC must also hold a current FAA airman medical certificate or a valid U.S. driver's license issued by a state, the District of Colombia, Puerto Rico, aterritory, a possession, orthe Federal government. The PIC must also meet the flight review requirements specified in 14 CPR § 61.56 in an aircraft inwhichthe PIC is rated onhis orherpilot certificate.

• 14. The operator may not permit any PIC to operate unless the PIC demonstrates the ability to safely operate the UAS in a manner consistent with how the UAS will be operated under this exemption, including evasive and emergency maneuvers and maintaining appropriate distances from persons, vessels, vehicles and structures. PIC qualification flight hours and currency must be logged in a manner consistent with 14 

### CFR § 61.5l(b). Flights for the purposes of training the operator's P!Cs and VOs (training, proficiency, and experience-building) and determining the PIC's ability to safely operate the UAS in a manner consistent with how the UAS will be operated under this exemption are permitted under the terms ofthis exemption. However, training operations may only be conducted during dedicated training sessions. During training, proficiency, and experience-building flights, all persons not essential for flight operations are considered nonparticipants, and the PIC must operate the UA with appropriate distance from nonparticipants in accordance with 14 CFR § 91.119.
• 15. UAS operations may not be conducted during night, as defined in 14 CFR § 1.1. All operations must be conducted under visual meteorological conditions (VMC). Flights under special visual flight rules (SVFR) are not authorized.
• 16. The UA maynot operate within 5 nautical miles ofan airportreference point (ARP) as denoted in the current FAA Airport/Facility Directory (AFD) or for airports not denoted with an ARP, the center ofthe airport symbol as denoted on the current FAA- published aeronautical chart, unless a letter ofagreement with that airport's management is obtained or otherwise pennitted by a COA issued to the exemption holder. The letter ofagreement with the airport management must be made available to the Administrator or any law enforcement official uponrequest.
• 17. The UA may not be operated less than 500 feet below or less than 2,000 feet horizontally from a cloud orwhenvisibility is less than 3 statute miles from the PIC.
• 18. Ifthe UAS loses communications or loses its GPS signal, the UAmust return to a predetermined location within the private or controlled-access property.
• 19. The PIC must abort the flight in the event ofunpredicted obstacles or emergencies.
• 20. The PIC is prohibited from beginning a flight unless (considering -wind and forecast weather conditions) there is enough available power for the UA to conduct the intended operation and to operate after that for at least five minutes or with the reserve power recommendedby the manufacturer ifgreater.
• 21. Air Traffic Organization (ATO) Certificate of Waiver or Authorization (COA). All operations shall be conducted in accordance with an ATO-issued COA. The exemption holder may apply for a new or amended COA if it intends to conduct operations that cannotbe conductedunder theterms ofthe attached COA.
• 22. All aircraft operated in accordance with this exemption must be identified by serial number, registered in accordance with 14 CFR part 47, and have identification (NNumber) markings in accordance with 14 CFR part 45, Subpart C. Markings must be as large as practicable

. 

# • • 23. Documents usedbythe operatorto ensurethe safe operation and flight ofthe UAS andany documents required under 14 CFR §§ 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 uponrequest.


### • 24. The UA must remain clear and give way to all rnmmed aviation operations and activities atalltimes.

• 25. TheUAS maynotbe operated by the PIC from any moving device orvehicle.


### • 26. All Flight operations must be conducted at least 500 feet from all nonparticipating persons, vessels, vehicles, and structures unless: • a. Barriers or structures are present that sufficiently protect nonparticipating persons from 

### the UA and/or debris in the event of an accident. The operator must ensure that 

### nonparticipating persons remain under such protection. If a situation arises where nonparticipating persons leave such protection and are within 500 feet ofthe UA, flight operations must cease immediately in a manner ensuring the safety of nonparticipating persons; and • b. The owner/controller of any vessels, vehicles or structures has granted permission for operating closer to those objects and the PIC has made a safety assessment ofthe risk of operating closerto those objects and determined that itdoes not present anundue hazard. The PIC, VO, operator trainees or essential persons are not considered nonparticipating persons under this exemption.
• 27. All operations shall be conducted over private or**controlled~access** 

### property with permission from the property owner/controller or authorized representative. Pennission from property owner/controller or authorized representative will be obtained for each flight to be conducted.
• 28. Any incident, accident, or flight operation that transgresses 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: wv.rw.ntsb.gov.
3. CONCLUSION 

### Satisfaction ofthe critetia 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 applicant1

### s UAV for the Purposes outlined herein and are consistent with exemptions already granted. Ag Tech respectfully submits that because these small, unmanned aerial vehicles 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 ofthis exemption would thereby enhance safety and fulfill the Secretary of Transpottation's (the FAA Administrator's) responsibilities under Section 333(c) ofthe Reform Act to "establish requirement for the safe operation ofsuch aircraft systems in

### the national airspace system."

### Yours sincere.!r, 

## f 

# //**~** ;_JJl JonTull, CEO Ag Tech Enterprises, Inc.

ANNEX A: EXEMPTION REQUESTAND EQUIVALENTLEVEL OF SAFETY SHOWINGS UNDERAPPLICABLE RULES SUBJECTTOEXEMPTION Ag Tech requests an exemption from the following regulations as well as any additional regulations that maytechnically applyto the operation ofthe UA V: 14 C.F.R. Part 21, SubpartH: Airworthiness Certificates 14 C,F,R 

### § 9L203(a)(1) Section 91.203 requires all civil aircraft to have a certificate ofairworthiness. Part 21, Subpart H, entitled Airworthiness Certificates, establishes the procedural requirements for the issuance of airworthiness certificates as required by FAR§ 91.203(a). Given the size ofthe UAV, it isvery light weight and the limited operating area associated with its utilization, it is unnecessary to go through the certificate of airworthiness process under Part 21 Subpart H in order to achieve or exceed current safety levels. Such an exemption meets the requirements of an equivalent level of safety under Part 11 and Section 333 ofthe Reform Act. The Federal Aviation Act and Section 333 ofthe Reform Act both authorize the FAA to exempt aircraft from the requirement for an airworthiness certificate, upon consideration of the size, weight, speed, operational capability, and proximity to airports and populated areas ofthe UAS involved. An analysis ofthese different criteria demonstrates that the UAV operated without an airworthiness certificate, under the conditions proposed in that exemption, will be at least as safe, or safer, than a conventional aircraft with an airworthiness certificate. A proprietary risk assessment for operations with the UAV, which demonstrates that assertion, is also being submitted to the FAA as part ofthis application. 14 C.F,R, 

### § 45,23 & 14 C,F,R, 

### § 45,29: Display ofmarks; size ofmarks These regulations provide that each aircraft must display "N" and the aircraft's registration number in letters at least 3 inches high. Additionally, the aircraft must display the word "EXPERIMENTAL" in letters at least 2 inches high near the entrance to the cabin, cockpit, or pilot station. Given the size ofthe UAV, compliance with thisrequirementis impossible. 14 C.F.R. § 61.3: Requirements for certificates, ratings and authorizations 14 C,F.R. 

### § 61.113(a) & (b); 6L133(a): PrivatePilotPrivileges and Limitations; Pilot in Command; Commercial PilotPrivileges and Limitations The regulation provides that no person may serve as a required pilot flight crewmernber ofa civilaircraft oftheUnited States, unless that person: (1) Has a pilot certificate or special purpose pilot authorization issued under this part in that person's physical possession or readily accessible in the aircraft when exercising the privileges of that pilot certificate or authorization. However, when the aircraft is operated within a foreign country, a pilot license issued by that country may be used. The regulation provides also that no person that holds a private pilot certificate may act as pilot in command ofan aircraft for compensation orhire. Subparagraph (b) allows a privatepilotto act as pilotin command ofan aircraft in connectionwith any business or employment if: (1) The flight is only incidental to that business or employment; (2) The aircraft does not carry passengers orpropertyfor compensation orhire. 14 C.F.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 UA V without an airworthiness certificate, no standard will exist for airworthiness ofthe UA V. Given the size of the aircraft and the previous airworthiness assessments givento the UAV. An equivalent level of safety will be achieved by insuring compliance with the UAV manuals priorto each flight. 14 C.F.R. 

### § 91.9: Civil aircraftflight manual, marking, and placard requirements. This regulation provides that no personmay operate an aircraft unless a current, approved flight manual is in the aircraft. Ag Tech assumes thatthe intent ofthis requirement is to ensure that flight manual information is available to the aircrew while operating the aircraft. Ag Tech requests an exemption to this requirement since the aircraft is not only too small to carry documentation, the documentation would not be available to the crew. The equivalent level ofsafety will be achieved by keeping a hard copy ofthe flight manual in the UA V transportationbox. 

### 14 C.F.R. § 91.119: Minimum Safe Altitudes The regulation provides that over sparsely populated areas the aircraft cannot be operated closer than 500 feet to any person, vessel, vehicle, or structure. Since the aircraft will be operating at a maximum of400 feet AGL, the UA V cannot comply withthis requirement. The equivalent level of safety will be achieved because the UAV will only fly over private property with the permission ofthe landowner. The operator will define before every flight a working arearadius and a flight areaceiling, preventingthe UAVto go beyondthe flight area. The landowner and the persons who may be on the ground in the flight area will be briefed ofthe expected route offlight and the associated risks to persons and property onthe ground. Due to the small size ofthe UAV and the material with which the UAV is built, the hazard to persons, vessels, vehicles, and structures is not comparable to manned aircraft and should be considered in granting the exemption.Moreover, the aircraft will not be operated over congested areas nor over any open-air assembly of persons. The aircraft will be operated at an altitude allowing, if a power unit fails, an emergency landing without undue hazardto persons orproperty onthe surface. 

### 14 C.F.R. 91.121- Altimetersettings This sectionrequires that eachperson operating an aircraft shall maintainthe cruising altitude or flight level ofthe aircraft, as the case maybe, byreference to an altimeterthat is set, when 

### operating below 18,000 feet MSL to:

• The current reported altimeter setting ofa station along theroute and within 100 nautical miles ofthe aircraft; • Ifthere is no station within the area prescribed inparagraph (a)(l)(i) ofthis section, the currentreported altimeter setting ofan appropriate available station; • In the case ofan aircraft not equipped with a radio, the elevation ofthe departure airport or an appropriate altimeter setting available before departure. The UAV does nothave a typical barometric altimeter onboard. However,altitude information of theUA V will be providedto the PIC viaGlobal Positioning System (GPS) equipment andradio communications telemetry data link, which downlinks from the UAto the GCS for active monitoring ofthe flight path. This altitude information, combinedwith Ag Tech's operation ofthe UAV within visual line ofsight, at or below400 feet AGL, will ensure a level ofsafety equivalent 

### to Section 91.121. 14 C.F.R. 

### §9l.l51(a): Fuel Requirements for Flight in VFRConditions The regulation provides that no person may begin a flight in an airplane under day-VFR conditions unless there is enough fuel to fly to the first point ofintended landing and to fly after that for at least 30 minutes. Given the area of operation for the UAV, Ag Tech believes that an equivalent level of safety is already achieved with the specific procedure preventing the UAV to accept a take-offorder is the battery level is below a given value. 

### 14 C.F.R. 

### § 91.203 (a) & 

### (b): CarryingCivil Aircraft Certification and Registration This regulation provides as follows: • No person may operate a civil aircraft unless it has an appropriate and current airworthiness certificate. • No person may operate a civil aircraft unless the airworthiness certificate required by paragraph (a) ofthis section or a special flight authorizationissued under §91.715 is displayed atthe cabin or cockpit entrance so thatitis legible to passengers or crew. The UAV is very light-weight (maximum 7 pounds). As such, there is no ability orplace to carry certification and registration documents orto display them onthe UAV. In addition, there is no pilot and there are no passengers onboardthe aircraft. To obtain an equivalent level ofsafety and meet the intentof§91.2036, AgTechproposesthatdocwnents deemed appropriate forthis aircraft bythe FAA will be co-located withthe operator at the ground control station inthe UA V box and available for inspectionuponrequest. 14 C.F.R SubpartE (91.401 - 91.417)- Maintenance, Preventive Maintenance, and Alterations The regulationprovides that the operatoris primarily responsible for maintaining the aircraft in an airworthy condition, including compliance with Parts 39 and 43. Paragraphs 91.407 and 91.409 require that the aircraftbe "approved for return to service by a person authorized under 43.7" after maintenance and inspection. 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 andrecords ofapproval ofthe aircraft for returnto service. Ag Tech proposes that the maintenance ofthe UA V will be accomplished by the owner/operator accordingtothe maintenance manual. An equivalent level of safety will be achieved because the UAV are small in size, they are not complex mechanical devices, and they will operate only in restricted predetermined areas. 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. Finally, before every flight, the UAV runs automatically a sequence ofpre-flight tests to make sure that every sensor and every critical part is running properly. Ifa problem is detected, the UA V will not be used until corrected. The operator can then refer to the maintenance manual to troubleshoot this issue. Several parts ofthe UAV are easily interchangeable (propellers, wings), which allows the operatorto make sure thepropulsion systems are always airworthy whena mission is initiated.