Jon Tull, CEO AgTech Enterprises, Inc

. 4580 E. Thousand Oaks Blvd. Suite 300 Westlake Village, CA 91362 July 29, 2015

Unmanned Aircraft Systems Integration Office AFS-80 800 IndependenceAve., S.W

. Washington, D.C. 20591

To Whom It May Concern: Enclosed please find an exemption application filed on ·ehalf ofAgTech Enterprises, Inc. under Section 333 ofthe FAA Modernization and Reform Actof2012 nd 14C.F.R. Part 11 to allow commercial operations of unmanned aircraft for precision aerial sut ey. We here at AgTech request that you considerthis requ1st forsummarygrant based up on the company's existing 333 exemption (Exemption No

. 11573; Regulatory Docket No. FAA-2015-0351) for use ofa similar aircraft, and also based upon the exemJtionsthat have already been granted regarding the make and model ofaircraft presently at issue. Should you oryour staffhave any questions, please con act the undersigned. Thank you for yourtime and consideration.

Sincerely yours,

Jon Tull, CEO Enclosures

### July 29, 2015 U.S. Department ofTransportation DocketManagement System 1200 NewJersey Ave

., SE Washington, DC 20590

Aviation Regulations DearMadam, Sir, AA Reform Act and Part 11 ofthe Federal

Pursuant to Section 333 ofthe FAA Modernization and Reform Act of2012 (the "Reform Act") and 14 C.F.R. Part 11, AgTech Enterprises, Inc. I "AgTech") an operator ofthe Trimble UX5 ("UX5'') and Trimble UX5hp ("UX5hp") Unmann d Aircraft Systems (collectively, the "Craft") seeks an exemptionfrom the Federal AviationRegu ations ("F ARs") listedbelow:

• 14 C.F.R. 21 • 14C.F.R. 45.23 • 14C.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) • 14C.F

.R. 91.109(a) • 14 C.F.R. 91.121 • 14 C.F.R. 91.319(a)(1) • 14 C.F.R. 91.7(b) • 14C.F.R. 91.119 • 14 C.F.R. 91.151(a) • 14 C

.F.R. 91.203(a)&(b) • 14 CFRSubpartE(91.401-91.417) The requested exemption would authorize co ercia l operations for use of the Craft in agriculture, mining, precision aerial surveys, pattols, as well as other mapping and survey applications. These operations will be subject to st ict operating requirements and conditions to ensure at least an equivalent level of safety to c ently authorized operations using manned aircraft andunder conditions as may be modified by the FAAas required by Section 333. 

### 1. CHARACTERISTICS OF THE AIRCRAFT The Craft are battery-powered electric fixed-wing aircraft weighing approximately 5.5 pounds. The Craft take a series ofhigh quality, still digital images that are used to produce precision digital point clouds, triangulated models, and con to r maps ofthe surveyed area. (See ANNEX B for additional information) 

### 2.APPLICATIONS

### AgTech intends to use the Craft to assist customers with crop yield optimization, resource allocation and management, pest control, and risk-management. AgTech proposes to use these small, lightweight Craft- the UX5 and UX5hp- and proprietary cloud-based software to collect, process, and analyze aerial data. In doing so, AgTech would occupy a brand new space in a transformative industry by providing high quality and actionable information to users. AgTech's use of the Craft would contribute to various social goods, from environmental protection to improved crop yields. In providing this service, Ag'rech would empower businesses, researchers, farmers, and other land owners to make better management decisions through software that identifies disease and insects, nutrient deficiencies, and materials for increasing yields with fewer resources. Operations under the exemption will be subjectto strict operating requirements and conditions to ensure at least an equivalent level of safety to Cl,llTently authorized operations using manned aircraft andunder conditions as may be modified bythe FAA as required by Section 333. 3.

### APPLICABLE LEGAL STANDARD UNDER SECTION 333



### a. Airworthiness assessment ofthe Craft The Craft are safe and fit for operation in

### the NAS under the conditions listed herein. The FAA's confidence inthe airworthiness ofthe Craftis illustrated by Exemption Number 11110, issued to Trimble NavigationLimited ("Trimble") on Deceml?er 10, 2014, as amended on May 7, 2014 with issuance ofExemption llllOAin FAA Docket 2014-0367. b. Operating requirements Grant of the exemption to AgTech for the Craft will be subject to the following operating conditions: 1. Operations authorized by this grant of exemption are limited to the Craft when weighing less than 55 pounds including payload. Proposed operations ofany other aircraft will require anewpetition orapetitionto amend this exemption. 2. Operations for the purpose ofclosed-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 groun4speed 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). Altitude must be reported in feet 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 hurhan vision unaided by any device other than corrective lenses, as specified on the PIC's FAA-issued airman medical certificate or U.S. driver's license.

### 6. All operations must utilize a visual observer (VO). The UA mustbe operated within the visual line ofsight (VLOS) ofthe PIC and VO at all times. The YO may be used to satisfY 

### the VLOS requirement as long as the PIC always maintains VLOS capability. The VO and PIC must be able to communicate verbally

# * 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

**forth~** 

### duration ofthe flight. The PIC must ensure that the VO can perform the duties required oftheVO. 7. This exemption and all documents needed to operate the UAS and conduct its operations in accordance with the conditi_ons and limitations stated in this grant of exemption, are hereinafter referred to aS 

### the operating documents. The operating documents must be accessible during UAS operations and made available to the Administrator upon request. Ifa discrepancy exists between the 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. Itis 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

**opt~rator** 

### must also present updated and revised documents if it petitions for extension or amendment to this grant of exemption. 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 maintenanqe 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

**funct~onal** 

### 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 maintainirag 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. Ifthe inspection reveals a condition that affects the safe

**op~ration** 

### ofthe UAS, the aircraft is prohibited from operating until the necessary maintenance has beenperformed 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 must hold 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 ofColombia, Puerto Rico, a territory, apossession, or the Federal government. The PIC must also meet the flight review requirements specified in 14 CFR § 61.56 in an aircraft in whichthe PIC is rated onhis orherpilot certificate. 14. The operator may not pennit 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 p(!rsons, vessels, vehicles and structures. PIC qualification flight hours and currency must be logged in a manner consistent with 14 CFR § 6l.5l(b). Flights for the purposes of training the operator's P!Cs and VOs (training, proficiency, and experiencewbuildih.g) 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 trfrlning sessions. During training, proficiency, and experiencewbuilding flights, all persQns not essential for flight operations are considered nonparticipants, and the PIC**m~st** 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 visuq.l meteorological conditions (VMC). Flights under special visual flight rules (SVFR) are not authorized. 16. The UAmay not operate within 5 nautical miles ofan airport reference 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 FAAW published aeronautical chart, unless a letter of**agreem~nt** with that airport's management is obtained or otherwise permitted 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 enforcementofficial upon request. 17. The UA may not be operated less than 500 feet below or less than 2,000 feet horizontally from a cloud or when visibilityis less than 3 statute miles from the PIC. 18. Ifthe UAS loses communications or loses its GPS signal, the UA mustreturn to a predetermined location withinthe private orcontrolled-access property. 19. The PIC must abortthe flight inthe 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 ATOwissued COA. The exemption holder may apply for a new or amended COA if it intends to conduct operations that cannotbe conducted under the terms 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 (Nw Number) markings in accordance with 14 CFR part 45, Subpart C. Markings must be as large as practicable.

### 23. Documents used by the operatorto ensure the safe operation and flight ofthe UAS and any documents required under 14 CFR §§ 91.9 and 91.203 mustbe 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 upon request. 24. The UA must remam clear and give way to all manned aviation operations and activities at all times. 25. The UAS may notbe operated by the PIC from any moving device orvehicle. 26. All Flight operations must be conduct(!d 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 ofan 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

**m~er** 

### ensuring the safety of nonparticipating persons; and b. The owner/controller of any vessels, vehicles or structures has granted pennission for operating closerto those objects and the PIC has made a safety assessment ofthe risk ofoperating closer to those objects and determined that it does not present an undue hazard. The PIC, VO, operator trainees or essential persons are not considered nonparticipating personsunder 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 Borurd (NTSB) per instructions contained on the NTSB Web site: www.ntsb.gov.

c. Additional Safety 

### The UX5 has a semi-autonomous navigation and CQntrol system comprised ofa Ground Control Station (GCS) and auto·pilot system. All flights are pre-programmed with GPS guidance and do not require human intervention. Flight mission

**are~** 

### and routing cannot be changed after launch. Flights are not directed by positive manual control, nor are evasive maneuvers. In the case of unplanned events, the operator inputs pre·programmed evasive maneuvers from the control unit and the control unit executes that maneuver. Pre_·programmed operator interventions include diversion to the right; initiation ofholding at presel).t position; suspension ofmission; fly back to lalll1ch point; fly to point and hold; abort mission an4land; and emergency power cut offand land (Flight Termination System). Additional automated safety functions and safety enhancing features of the UX5 include thefollowing:

• Auto-pilot detection of lost GPS or ofinsufficient satellites initiates an immediate spiral landing. • Lowpower onthe aircrafttriggers escalating alarms at GCS at 35% and 10%levels. 

### • If the 

### auto-pilot detects a lost-link to the GCS for longer than 30 seconds, landing procedure begins. • The UX5 is inherently unstable, so auto-pilot fail will result in very rapidexit from flight. • Aircraft has an on-board failsafe that limits Speed inthe event ofdive to approximately 14 m/s. • The aircraft, weighing less than 6 lbs., fully 

### loaded, is constructed ofEPP foam, or similar material which is intended to absorb impact¢nergy. • The motoris drivenby a pulse width modulctted signal, not an analog signal. 3. CONCLUSION Satisfaction of the criteria provided in Section 33$ of the Reform Act of 2012

- size, weight, speed, operating capabilities, proximity to airport$ 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 Craft for the Purposes outlinedherein and are consistentwith exemptions &lready granted. AgTech respectfully submits that because these

**s~all,** unmanned aerial vehicles

- the UXS and UXShp

- will be used in lieu of comparatively hazardous operations now conducted with fixed wing and rotary conventional aircraft, the FAA dan have confidence that the operations will achieve at least an equivalent level or greater level .ofsafety. Approval ofthis exemption would thereby enhance safety and fulfill the Secretary o£ Transportation's (the FAA Administrator's) responsibilities under Section 333{c) of the Reform Act to "establish requirement for the safe operation ofsuch aircraft systems in thenational airSpace system."



# ~ Jon Tull, CEO AgTech Enterprises, Inc.ANNEXA: EXEMPTION REQUESTAND EQUIVALENTLEVEL OF SAFETY SHOWINGS UNDERAPPLICABLE RULES SUBJECTTOEXEMPTION 

### AgTech requests an exemption from the folloWing regulations as well as any additional regulationsthat maytechnically applyto the operationofthe Craft: 14 C.F.R. Part 21, SubpartH: Ainvorthiness Certificates 14 C.F.R 

### § 91.203(a)(1) Section 91.203(a)(l) requires all civil aircraft to have a certificate ofairworthiness. Part 21, Subpart H, entitled Airworthiness Certificates, establishesthe procedural requirements for the issuance ofairworthiness certificates as required by 

### fAR § 91.203(a)(l). Given the size ofthe aircraft (5.5lbs.) and the limited operating area assoCiated with its utilization, it is urmecessary to go throughthe certificate ofairworthiness process ui1der Part21 Subpart H to achieve orexceed current safety levels. Such an exemptionmeetsthe requirements ofaneq]fivalent level ofsafety underPart 11 and Section 333 ofthe Refonn Act. The Federal AviationActand Section 333 ofthe Reform Act both authorizethe FAAto exempt aircraft from the requirementfor an airworthiness certificate, upon consideration ofthe size, weight, speed, operational .capability, andproximityto airports and populated areas ofthe UAS involved. In this case, an analysis of these criteria demoP.strates that the UX5 operated without an airworthiness certificate, under the conditions prop!Jsed herein, will be at least as safe, or safer, than a conventional aircraft (fixed wing or rotorcra:ft) with an airworthiness certificate. The UXS weighs less than 6lbs. fully loaded. It will not cany.apilot orpassenger, will not carry flammable fuel, and will operate exclusively within an area pre-disclosed and in compliance with conditions set forth herein. Operations underthis exemption willl be tightly controlled and monitored by both the operator, pursuant to the conditions set forth above, and by local public safety requirements. The FAA will have advance notice ofall operations through the filing ofNOTAMs. Receipt of the prior pennission ofthe land owner, the size oft4e aircraft, the lack offlammable fuel, and the fact that the aircraftis carried to the location andnot flown there all establishthe equivalent level ofsafety. The UX5 construction with absorbent material provides at least an equivalent level of safety to that ofsuch operations being conducted with conventional aircraft that would be ordersof-magnitude larger and would be carrying passengers, cargo, and flammable fuel. 14 C.F.R. 

### § 45.23 & 14C.F.R. 

### § 45.29: Display ofmarks; size ofmarks Section45.23(b) provides as follows: When marks include only the Roman capital.letter "N" and the registration number is displayed on limited, restricted or light-sport category aircraft orexperimental 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 normore than 6 inches high, the words "limited," "restricted," "light-sport," "experimental," or "provisional," as applicable. The Craft have no entrance to the cabin, cockpit, or pilot station on which the word "Restricted" can be placed as required by this provision. Two-inch lettering also is not possible given theoverall size of the Craft. AgTech, therefore, requests an exemption to display, with one-inch lettering. The equivalent level of safety will be achieved by having the Craft marked with one-inch lettering. The FAA 

### has issued similar exemptions to this regulation, including to Pioneer Hi-Bred International, Inc., Exemption No. 10810; Raytlteon Missile Systems/Advanced Programs, Exemption Nos. 10167 and 8738; and Trimble Navigation Limited, Exemptions No. 10700 and 11042. 14 C.F.R. § 61.3: Requirements for certificates, ratings and authorizations 

### 14 C.F.R. 

### § 6l.ll3(a) & 

### (b); 6l.l33(a): PrivatePilotPrivileges aod Limitations; Pilot in Command; Commercial PilotPrivileges and Limitations The regulation provides that no person may serve as a required pilot flight crewmember ofa civil aircraft ofthe United 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 thatcountry 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. Stibparagraph (b) allows a private pilotto act as pilot in command ofan aircraft in connection with any business or employment if: (1) The flight is only incidental to thatbusiness oremployment; (2) The aircraft does notcarrypassengers orpropertyfor compensation orhire. Section 61.113(a) & (b) limits private pilots to non-commercial operations. Unlike a conventional aircraft that carries a pilot, passengers, and cargo, the Puma in this case is remotely controlled with no passengers orproperty ofothers on board. Section 61.133(a) requires an individual with a commercial pilot's licenseto be pilot in command ofan aircraft for compensation orhire. AgTech respectfully proposesthat operatorrequirements should take into account the characteristics ofthe particular sUAS. The Craft have a high degree ofpreprogrammed control and various built-in technical capabilities strictly limit the potential for :operation outside ofthe operating conditions setforth inthe exemption application. As a matter ofprinciple as well as a matter ofgoodbusiness, flight safety is ofutmostpriority. The Craft offer superior safety over manned aircraft byremoving the operator from presence onboard the aircraft and those potentially dangerous situations subsequently associatedtherein. Giventhe aforementioned operational and safety features, AgTechproposes that operators ofthe Craft should not be required to hold a commercial orprivatepilot certification. The risks associated withthe operation ofthe Craft (giventheir size, speed, operational capabilities, and lack ofcombustible fuel) are so diminished from the level ofrisk associated with privatepilot operations or commercial operations contemplated by Part 61 with conventional aircraft (fixed wing or rotorcra:ft), that allowing operations ofthe Craft as set forth above meets or exceeds the present level ofsafetyprovided under 14 C.F.R. 61.113(a) & (b) and does notrise to the level of requiring a commercial pilot to operate the aircraft under 61.133(a).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 Craft without an airworthiness certificate, no standard vvill exist for airworthiness ofthe Craft. Giventhe size of the Craft, an equivalent level ofsafety will be achieVed by ensuring compliance withthe Trimble manuals priorto eachflight. 14 C.F.R. § 91.9: Civil aircraft flight manual, ID<lrking, and placard requirements. The regulationprovides: No personmay operate a U.S.-registered civil aircraft

... (2) ForwhichanAirplane or Rotorcraft Flight Manual is not requiredby §21.5 of this chapter, unless there is availablejnthe aircraft a currentapproved airplane or Rotorcraft Flight Manual, approved manualmaterial, markings, andplacards, or any combinationthereof. Giventhe size and configuration ofthe Craft, theyhave no ability orplace to carry such a flight manual onthe aircraft, not only becausethere is no pilot on board, but because there is no room or capacity to carry suchan item onthe aircraft. The equivalentlevel ofsafety will be achievedbykeepingthe flight manual atthe groundcontrol pointwherethe pilot flying the UAS will have immediate accessto it. The FAA has issuedto Trimble and others the follovving exemptions to this-regulation: ExemptionNos. 8607,8737, 8738,9299, 9299A, 9565,95658, 10167, 10167A, 10602,32827, and 10700. 14 C.F.R. 

### § 91.109(a) & 91.319(a): FlightInstruction These regulations providethat no person may operate a civil aircraft (except a manned free balloon) that is being used for flight instructionunless that aircrafthas fully functioning dual controls. The UX5 is a remotely piloted aircraft andby design, does nothave fully functional dual controls. Flight control is accomplishedthrough the use ofa cOntrol boxthatcommunicates withthe aircraft viaradio commooications. The flight planis·pre-programmed into the auto pilotbefore flight and only in lU1Usual circumstances will thepilotinput control functions to alter thepreprogrammed flight. Ifinstruction is accomplishedthrough a trainingprogram, as set forth in Exhibit 2, an equivalent level ofsafety will be assured. The FAAhas approved exemptions for flight training withoutfully functional dual controls for a numberofaircraft and for flight instruction in experimental aircraft. See ExemptionNos. 5778K & 9862A. The equivalent level of safety will be achieved bythe manufacturerproviding the training, and throughthe use of experienced and qualified pilots familiar withthe UX5. 14 C.F.R. 

### § 91.119: Minimum Safe Altitudes Section 91.119 establishes safe altitudes for operation ofcivil aircraft. Specifically, Section91.119(c) limits aircraft flying over areas otherthan·congested areas to an altitude of500 feet above the surface, except over open water or sparselypopulated areas. Inthose cases, the aircraft may notbe operatedcloserthan 500 feet to any person, vessel, vehicle, or structure. As setforth herein, the Craft will never operate athigherthan400 feet AGL. They will, however, be operated in a marmer that avoids congested orpopulated areas. Because agriculture, aerial survey work, and patrolling mustbe accomplished at relatively low altitudes, i.e., less than 500 feet AGL, an exemptionfrom Section 91.119(c) is rieeded. The equivalent level ofsafety will be achieved given the size, weight, speed, and material with whichthe Craft are built. Also, no flight will betaken withoutthepermissionofthe land owner or the party controllingthe land. With advance notice to the landowner, all affected individuals will be aware ofthe agriculture, survey, and patrolling flights. Compared to similar operations conductedwith conventional aircraft orrotorcraft, which weigh thousands ofpounds and carry flammable fuel, any risk associated withthese operations will be far less than those currently allowed with such conventional aircraft operating at orbelow 500 feet AGL. 

### 14 C.F.R. 91.121- Altimeter settings This sectionrequires that eachperson operating an aircraft shall maintainthe cruising altitude or flight level ofthe aircraft, as the casemay be, byreference to an altimeterthat is set, when operating below 18.000 feet MSLto:

• The currentreported altimeter setting ofa station alongthe route and within 100 nautical miles ofthe aircraft; • Ifthere is no station within the area prescribed inparagraph (a)(1)(i) ofthis section, the currentreported altimeter setting ofan appropriate available station; • Inthe case ofan aircraft not equipped with a.radio, the elevation ofthe departure airport or an appropriate altimeter setting available before departure. As each sUAV model in at least one operatingmode will not have a barometric altimeter, but instead a GPS altitude read out, an exemptionwill**b~;** needed. An equivalent level ofsafety will be achieved by the operator, pursuantto themanuals, confirming the altitude ofthe launch site shown onthe GPS altitude indicator before flight. The FAA has granted exemptions to conduct similar operations in Exemptions 11062, 11213, 113,60 and 11447. 

### 14 C.F.R. 

### § 91.151(a): Fuel Requirements forFlightin VFR Conditions Section 91.151(a) prohibits an individual from beginning "a flight in an airplane under VFR conditions unless (considering wind and forecast weatherconditions) there is enough fuel to fly to the first point ofintended landing and, assruning 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." 14 C.P.R.§ 91.151(a). The battery powering the sUAV limits the duration of a flight. To meet the**30~minute** reserve requirement in 14 C.P.R.§ 91.151, sUAV flights would be severely limited, in some cases to approximately 10 minutes inlength. Giventhe limitations onthe sUAV's proposed flight area andthe location ofits proposed operations within a predetermined area, a longer time frame for flight in daylight or night VFR conditions is reasonable. -AgTech believes that an exemption from 14 C.F.R. 

### § 91.15l(a) falls within the scope ofprior exemptions. See Exemption 10673 (allowing Lockheed Martin Corporationto operate without compliancewith FAR 91.151 (a)). Operating the sUAV, in a tightly controlled area where only people and property o'Wllers or official representatives who have signed waivers will be allowed, with less than 30 minutes ofreserve fuel, does not engender the type ofrisks that Section 91.151(a) was intended to alleviate given the size and speed ofthe sUAV. AgTech believes that an equivalent level of safety can be achieved by limiting flights to five minutes ofreserve time on the batteries. This restriction would be more than adequate to return the sUAV to its planned landing zone from anywhere in its limited operating area. Similar exemptions have been granted to other operations in Exemptions 2689F, 5745, 10673, 10808 and Exemptions 11062, 11213, 11360 and 11447. 14 C.F.R. 

### § 91.203 (a) & (b): Carrying CivilAircraft Certification and Registration This regulation provides as follows: • No personmay operate a civil aircraft unless it has an appropriate and current airworthiness certificate. • No personmay operate a civil aircraft unless the airworthiness certificate required by paragraph (a) ofthis section or a special flight authorization issuedunder §91.715 is displayed at the cabin orcockpit entrance sothat it is legible to passengers orcrew. The UX5 fully loaded weighs no more than 6 lbs. As such, there is no ability orplace to carry certification and registration documents orto display them onthe UAS. In addition, there is no pilot on boardthe aircraft. An equivalent level ofsafety will be achievedbykeeping these documents at the ground control pointwhere the pilot flying the UAS will have immediate access to them. The FAAhas issued numerous exemptions to this regulation. A representative sample ofotherexceptions includes ExemptionNos. 9565,9665,9789, 9789A, 9797, 9797A, 9816A, and 10700. 14 C.F.R. Subpart E (91.401- 91.417)- Maintenance, Preventive Maintenance, and Alterations Thepart 91 provisions are not applicable to a sUAS ofthe described weightclass. Furthermore, there are no FAA certified mechanics for sUAS, so full compliance is notpossible. In addition, the sUAS flo'Wll are mechanically simple, low-cost, and modular so that entire components including engines and propellers are minorreplacements rather than majorrepairs. Finally, continuous minor alterations and payload reconfigurations ofsUAS are designed andrequired for the normal operation ofsUAS and do not negatively impact airworthiness. Trimble has developed inspection and maintenance manuals to maintaintheir sUAS in airworthy condition. Each sUAS is maintained according to Trimble's standard by techniciansproficient in the building, repair, and maintenance ofthe sUAS. Inspection andMaintenance manuals provided by Trimble contain all aircraft-relevant items. Maintenance records are maintained by AgTech, and are therefore immediately auditablebyregulators ondemand.

### ANNEX B: TRIMBLEUX5 USER GUIDE 2.0 See attached.



### ANNEX C: TRIMBLE UX5 DATASHEET See attached.