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 Independence Ave., S.W. 

Washington, D.C. 20591 

To Whom It May Concern: 

Enclosed please find an exemption application filed on · ehalf of AgTech Enterprises, Inc. under Section 

333 of the FAA Modernization and Reform Act of 2012 nd 14 C.F.R. Part 11 to allow commercial 

operations of unmanned aircraft for precision aerial sut ey. 

We here at AgTech request that you consider this requ1st for summary grant based up on the 

company's existing 333 exemption (Exemption No. 11573; Regulatory Docket No. FAA-2015-0351) for 

use of a similar aircraft, and also based upon the exemJtions that have already been granted regarding 

the make and model of aircraft presently at issue. 

Should you or your staff have any questions, please con act the undersigned. Thank you for your time 

and consideration. 

Sincerely yours, 

Jon Tull, CEO 

Enclosures 
July 29, 2015 

U.S. Department of Transportation 

Docket Management System 

1200 New Jersey Ave., SE 

Washington, DC 20590 

Aviation Regulations 

Dear Madam, Sir, 

AA Reform Act and Part 11 of the Federal 

Pursuant to Section 333 of the FAA Modernization and Reform Act of 2012 (the "Reform Act") 

and 14 C.F.R. Part 11, AgTech Enterprises, Inc. I"AgTech") an operator of the Trimble UX5 

("UX5'') and Trimble UX5hp ("UX5hp") Unmann d Aircraft Systems (collectively, the "Craft") 

seeks an exemption from the Federal Aviation Regu ations ("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. 91.109(a) 

• 14 C.F.R. 91.121 

• 14 C.F.R. 91.319(a)(1) 

• 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 CFRSubpartE(91.401-91.417) 

The requested exemption would authorize co ercial 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 and under conditions as may be modified by the FAA as 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 of high quality, still digital images that are used to produce precision 

digital point clouds, triangulated models, and con to r maps of the 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 subject to strict operating requirements and conditions to 

ensure at least an equivalent level of safety to Cl,llTently authorized operations using manned 

aircraft and under conditions as may be modified by the FAA as required by Section 333. 

3. APPLICABLE LEGAL STANDARD UNDER SECTION 333 

a. Airworthiness assessment of the Craft 

The Craft are safe and fit for operation in the NAS under the conditions listed herein. The FAA's 

confidence in the airworthiness of the Craft is illustrated by Exemption Number 11110, issued to 

Trimble Navigation Limited ("Trimble") on Deceml?er 10, 2014, as amended on May 7, 2014 

with issuance of Exemption llllOA in 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 of any other aircraft 

will require a new petition or a petition to amend this 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 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 of no 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) of the 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 must be operated within the 

visual line of sight (VLOS) of the 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 of the flight. The PIC must ensure 

that the VO can perform the duties required of the VO. 

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. If a 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. 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 opt~rator must also present updated and revised 

documents if it petitions for extension or amendment to this grant of exemption. If the 

operator determines that any update or revision would affect the basis upon which the 

FAA granted this exemption, then the operatOr must petition for an amendment to its grant 

of exemption. The FAA's UAS Integration Office (AFS·80) may be contacted if questions 

arise regarding updates or revisions 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. If the inspection 

reveals a condition that affects the safe op~ration of the 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 of exemption, 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 of 
Colombia, Puerto Rico, a territory, a possession, or the Federal government. The PIC must 

also meet the flight review requirements specified in 14 CFR § 61.56 in an aircraft in 

which the PIC is rated on his or her pilot 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 of this 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 UA may not operate within 5 nautical miles of an airport reference point (ARP) as 

denoted in the current FAA Airport/Facility Directory (AFD) or for airports not denoted 

with an ARP, the center of the 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 of agreement 

with the airport management must be made available to the Administrator or any law 

enforcement official 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 visibility is less than 3 statute miles from the PIC. 

18. If the UAS loses communications or loses its GPS signal, the UA must return to a predetermined location within the private or controlled-access property. 

19. The PIC must abort the flight in the event of unpredicted 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 

recommended by the manufacturer if greater, 

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 

cannot be conducted under the terms of the 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 operator to ensure the safe operation and flight of the UAS and 

any 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 

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 not be operated by the PIC from any moving device or vehicle. 

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 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 of the 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 closer to those objects and the PIC has made a safety assessment 

of the risk of operating 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 

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 of the 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 of a 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 of holding at presel).t position; suspension of mission; fly back to 

lalll1ch point; fly to point and hold; abort mission an4land; and emergency power cut off and land 

(Flight Termination System). 

Additional automated safety functions and safety enhancing features of the UX5 include the 
following: 

• Auto-pilot detection of lost GPS or of insufficient satellites initiates an immediate spiral 

landing. 

• Low power on the aircraft triggers 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 rapid exit from flight. 

• Aircraft has an on-board failsafe that limits Speed in the event of dive to approximately 14 

m/s. 

• The aircraft, weighing less than 6 lbs., fully loaded, is constructed of EPP foam, or similar 

material which is intended to absorb impact ¢nergy. 

• The motor is driven by 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 of sight and national security- provide more than adequate justification for the grant of 

the requested exemptions allowing commercial operation of applicant's Craft for the Purposes 

outlined herein and are consistent with 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 .of safety. Approval of this 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 of such aircraft systems in the national airSpace system." 

~ Jon Tull, CEO 

AgTech Enterprises, Inc. 
ANNEX A: EXEMPTION REQUEST AND EQUIVALENT LEVEL OF SAFETY 

SHOWINGS UNDER APPLICABLE RULES SUBJECT TO EXEMPTION 

AgTech requests an exemption from the folloWing regulations as well as any additional 

regulations that may technically apply to the operation of the Craft: 

14 C.F.R. Part 21, Subpart H: Ainvorthiness Certificates 

14 C.F.R § 91.203(a)(1) 

Section 91.203(a)(l) requires all civil aircraft to have a certificate of airworthiness. Part 21, 

Subpart H, entitled Airworthiness Certificates, establishes the procedural requirements for the 

issuance of airworthiness certificates as required by fAR § 91.203(a)(l ). Given the size of the 

aircraft (5.5lbs.) and the limited operating area assoCiated with its utilization, it is urmecessary to 

go through the certificate of airworthiness process ui1der Part 21 Subpart H to achieve or exceed 

current safety levels. 

Such an exemption meets the requirements of an eq]fivalent level of safety under Part 11 and 

Section 333 of the Refonn 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 of the 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.a pilot or passenger, will not carry flammable 

fuel, and will operate exclusively within an area pre-disclosed and in compliance with conditions 

set forth herein. Operations under this 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 of all operations through the filing of NOTAMs. Receipt of 

the prior pennission of the land owner, the size oft4e aircraft, the lack of flammable fuel, and the 

fact that the aircraft is carried to the location and not flown there all establish the equivalent level 

of safety. The UX5 construction with absorbent material provides at least an equivalent level of 

safety to that of such 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 & 14 C.F.R. § 45.29: Display of marks; size of marks 

Section 45.23(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 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," "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 the 
overall 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): Private Pilot Privileges aod Limitations; Pilot in 

Command; Commercial Pilot Privileges and Limitations 

The regulation provides that no person may serve as a required pilot flight crewmember of a civil 

aircraft of the 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 that country may be used. 

The regulation provides also that no person that holds a private pilot certificate may act as pilot in 

command of an aircraft for compensation or hire. Stibparagraph (b) allows a private pilot to 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; 

(2) The aircraft does not carry passengers or property for compensation or hire. 

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 or property of others on board. Section 61.133(a) requires an individual with a 

commercial pilot's license to be pilot in command of an aircraft for compensation or hire. AgTech 

respectfully proposes that operator requirements should take into account the characteristics of the 

particular sUAS. The Craft have a high degree of preprogrammed control and various built-in 

technical capabilities strictly limit the potential for :operation outside of the operating conditions 

set forth in the exemption application. 

As a matter of principle as well as a matter of good business, flight safety is of utmost priority. 

The Craft offer superior safety over manned aircraft by removing the operator from presence 

onboard the aircraft and those potentially dangerous situations subsequently associated therein. 

Given the aforementioned operational and safety features, AgTech proposes that operators ofthe 

Craft should not be required to hold a commercial or private pilot certification. The risks 

associated with the operation of the Craft (given their size, speed, operational capabilities, and 

lack of combustible fuel) are so diminished from the level of risk associated with private pilot 

operations or commercial operations contemplated by Part 61 with conventional aircraft (fixed 

wing or rotorcra:ft), that allowing operations of the Craft as set forth above meets or exceeds the 

present level of safety provided under 14 C.F.R. 61.113(a) & (b) and does not rise 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 of the Craft without 

an airworthiness certificate, no standard vvill exist for airworthiness of the Craft. Given the size of 

the Craft, an equivalent level of safety will be achieVed by ensuring compliance with the Trimble 

manuals prior to each flight. 

14 C.F.R. § 91.9: Civil aircraft flight manual, ID<lrking, and placard requirements. 

The regulation provides: 

No person may operate a U.S.-registered civil aircraft ... 

(2) For which an Airplane or Rotorcraft Flight Manual is not required by §21.5 of 

this chapter, unless there is available jn the aircraft a current approved airplane or 

Rotorcraft Flight Manual, approved manual material, markings, and placards, or 

any combination thereof. 

Given the size and configuration of the Craft, they have no ability or place to carry such a flight 

manual on the aircraft, not only because there is no pilot on board, but because there is no room or 

capacity to carry such an item on the aircraft. 

The equivalent level of safety will be achieved by keeping the flight manual at the ground control 

point where the pilot flying the UAS will have immediate access to it. The FAA has issued to 

Trimble and others the follovving exemptions to this-regulation: Exemption Nos. 8607,8737, 

8738,9299, 9299A, 9565,95658, 10167, 10167A, 10602,32827, and 10700. 

14 C.F.R. § 91.109(a) & 91.319(a): Flight Instruction 

These regulations provide 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. 

The UX5 is a remotely piloted aircraft and by design, does not have fully functional dual controls. 

Flight control is accomplished through the use of a cOntrol box that communicates with the 

aircraft via radio commooications. The flight plan is·pre-programmed into the auto pilot before 

flight and only in lU1Usual circumstances will the pilot input control functions to alter the preprogrammed flight. If instruction is accomplished through a training program, as set forth in 

Exhibit 2, an equivalent level of safety will be assured. The FAA has approved exemptions for 

flight training without fully functional dual controls for a number of aircraft and for flight 

instruction in experimental aircraft. See Exemption Nos. 5778K & 9862A. The equivalent level of 

safety will be achieved by the manufacturer providing the training, and through the use of 

experienced and qualified pilots familiar with the UX5. 

14 C.F.R. § 91.119: Minimum Safe Altitudes 

Section 91.119 establishes safe altitudes for operation of civil aircraft. Specifically, Section 
91.119( c) limits aircraft flying over areas other than ·congested areas to 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. 

As set forth herein, the Craft will never operate at higher than 400 feet AGL. They will, however, 

be operated in a marmer that avoids congested or populated areas. Because agriculture, aerial 

survey work, and patrolling must be accomplished at relatively low altitudes, i.e., less than 500 

feet AGL, an exemption from Section 91.119(c) is rieeded. 

The equivalent level of safety will be achieved given the size, weight, speed, and material with 

which the Craft are built. Also, no flight will be taken without the permission of the land owner or 

the party controlling the land. With advance notice to the landowner, all affected individuals will 

be aware of the agriculture, survey, and patrolling flights. Compared to similar operations 

conducted with conventional aircraft or rotorcraft, which weigh thousands of pounds and carry 

flammable fuel, any risk associated with these operations will be far less than those currently 

allowed with such conventional aircraft operating at or below 500 feet AGL. 

14 C.F.R. 91.121- Altimeter settings 

This section requires that each person operating an aircraft shall maintain the cruising altitude or 

flight level of the aircraft, as the case may be, by reference to an altimeter that is set, when 

operating below 18.000 feet MSL to: 

• The current reported altimeter setting of a station along the route and within 100 nautical 

miles of the aircraft; 

• If there is no station within the area prescribed in paragraph (a)(1 )(i) of this section, the 

current reported altimeter setting of an appropriate available station; 

• In the case of an aircraft not equipped with a. radio, the elevation of the departure airport or 

an appropriate altimeter setting available before departure. 

As each sUA V model in at least one operating mode will not have a barometric altimeter, but 

instead a GPS altitude read out, an exemption will b~; needed. An equivalent level of safety will be 

achieved by the operator, pursuant to the manuals, confirming the altitude of the launch site 

shown on the 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 for Flight in VFR Conditions 

Section 91.151(a) prohibits an individual from beginning "a flight in an airplane under VFR 

conditions unless (considering wind and forecast weather conditions) there is enough fuel to fly to 

the first point of intended 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 in length. Given the limitations on the sUA V's proposed flight area and 
the location of its 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 of prior exemptions. See Exemption 10673 (allowing 

Lockheed Martin Corporation to operate without compliance with FAR 91.151 (a)). Operating the 

sUA V, 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 of reserve 

fuel, does not engender the type of risks that Section 91.151(a) was intended to alleviate given the 

size and speed of the sUAV. 

AgTech believes that an equivalent level of safety can be achieved by limiting flights to five 

minutes of reserve 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 Civil 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) of this section 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. 

The UX5 fully loaded weighs no more than 6 lbs. As such, there is no ability or place to carry 

certification and registration documents or to display them on the UAS. In addition, there is no 

pilot on board the aircraft. 

An equivalent level of safety will be achieved by keeping these documents at the ground control 

point where the pilot flying the UAS will have immediate access to them. The FAA has issued 

numerous exemptions to this regulation. A representative sample of other exceptions includes 

Exemption Nos. 9565,9665,9789, 9789A, 9797, 9797A, 9816A, and 10700. 

14 C.F.R. Subpart E (91.401- 91.417)- Maintenance, Preventive Maintenance, and 

Alterations 

The part 91 provisions are not applicable to a sUAS of the described weight class. Furthermore, 

there are no FAA certified mechanics for sUAS, so full compliance is not possible. In addition, 

the sUAS flo'Wll are mechanically simple, low-cost, and modular so that entire components 

including engines and propellers are minor replacements rather than major repairs. Finally, 

continuous minor alterations and payload reconfigurations of sUAS are designed and required for 

the normal operation of sUAS and do not negatively impact airworthiness. 

Trimble has developed inspection and maintenance manuals to maintain their sUAS in airworthy 

condition. Each sUAS is maintained according to Trimble's standard by technicians proficient in 

the building, repair, and maintenance of the sUAS. Inspection and Maintenance manuals 

provided by Trimble contain all aircraft-relevant items. Maintenance records are maintained by 

AgTech, and are therefore immediately auditable by regulators on demand. 
ANNEX B: TRIMBLE UX5 USER GUIDE 2.0 

See attached. 

ANNEX C: TRIMBLE UX5 DATASHEET 

See attached.