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U.S. Department of Transportation /

Federal Aviation Administration

Docket Management System

1200 New Jersey Ave., SE

Washington, DC 20590

For: Exemption Request Under Section 333 of the FAA Reform Act and Part 11 of the

Federal Aviation Regulations Concerning Operation of an Unmanned Aerial System

Pursuant to Section 333 of the FAA Modernization and Reform Act of 2012.

Submitted: February 16, 2015

Beau Dealy

Managing Partner

Apis Remote Sensing Systems, LLC

1702 Agnes Dr

Hays, Kansas 67601

785­261­9591

beau@apisremote.com
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Contents

1. Overview of Exemption

2. Applicable Legal Standard under Section 333

3. Summary Background of the AgEagle Robotic Aircraft System

4. Scope of Mission Operations

5. Evidence of Airworthiness

6. Safety Features

7. Mandatory Operating Conditions

8. Operator Requirements

9. Appendices, Attachments, and Confidentiality of Proprietary

Documents

10. Summary & Conclusion

Appendix A

Overview of Regulations from which Exemption is Requested; Including

Explanation in the Context of Appropriateness, Safety, and Benefit to the

Public Interest.

Appendix B

Company Profile

Appendix C

Technical Specifications of the AgEagle Robotic Aircraft System

1. Physical Characteristics of the AgEagle

2. Performance Characteristics of the AgEagle

3. Maintenance

4. Reliability

5. Fault Tolerance

6. Emergency Procedures and System Failures

7. Command and Control Systems
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February 16, 2015

U.S. Department of Transportation

Docket Management System

1200 New Jersey Ave., SE

Washington, DC 20590

Re: Exemption Request Under Section 333 of the FAA Reform Act and Part 11 of the

Federal Aviation Regulations

Dear Sir or Madam:

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

Act”) and 14 C.F.R. Part 11, Apis Remote Sensing Systems, LLC (Apis), seeks an

exemption from Federal Aviation Regulations (“FARs”) listed in Part 1. “Overview of

Exemption” listed below and further detailed in Appendix A.

The requested exemption would permit market research and commercial operations for

the 2015 release of the AgEagle Robotic Aircraft System (“AgEagle”) manufactured by

AgEagle, LLC; Neodesha, Kansas, USA; for which Apis is a technology advisor,

authorized training partner, and reseller.

1. Overview of Exemption

The regulations from which the exemption is requested are as follows:

14 C.F.R. Part 21; Subpart H

14 C.F.R. 91.203(a) & (b);

14 C.F.R. 45.23(b);

14 C.F.R. 61.113(a) & (b);

14 C.F.R. 61.133(a);

14 C.F.R. 91.7(a);

14 C.F.R. 91.9(b)(2);

14 C.F.R. 91.119(c);

14 C.F.R. 91.151(a);

14 C.F.R. 91.405(a);

14 C.F.R. 91.407(a)(1);

14 C.F.R. 91.409(a)(2);
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14 C.F.R. 91.417(a)

While a collective case for exemption is made within this letter, Appendix A takes care

to discuss each rule listed prior in relevant context to the request; showing why

exemption from the FARs of concern are appropriate, provide an equivalent level of

safety, and are in the public interest.

2. Applicable Legal Standard under Section 333

Apis submits that grant of this exemption application for use of the AgEagle in precision

agriculture, market research, surveying, mapping and inspection operations will

advance the Congressional mandate in Section 333 of the Reform Act to accelerate the

introduction of small Unmanned Aerial Systems (“sUAS”) into the National Airspace

system (“NAS”) if it can be accomplished safely. This law directs the Secretary of

Transportation to consider whether certain sUASs may operate safely in the NAS before

completion of the rulemaking required under Section 332 of the Reform Act. In making

this determination, the Secretary is required to determine which types of sUAS do not

create a hazard to users of the NAS or the public or pose a threat to national security in

light of the following:

● The size, weight, speed, and operational capability of the sUAS.

● Operation of the sUAS in close proximity to airports and populated areas.

● Operation of the sUAS within visual line of sight of the operator.

Reform Act 333(b)(1) states that if the Secretary determines that such vehicles “may

operate safely in the national airspace system”, the Secretary shall establish

requirements for the safe operation of such aircraft in the national airspace system.” Id.

333(c) .

1

The Federal Aviation Act expressly grants the FAA the authority to issue exemptions.

This statutory authority, by its terms, includes exempting civil aircraft, as the term is

defined under 40101 of the Act, from the requirement that all civil aircraft must have a

current airworthiness certificate and those regulations requiring commercial pilots to

operate aircraft in commercial service:

The Administrator may grant an exemption from a requirement of a regulation

prescribed under

1 http://www.gpo.gov/fdsys/pkg/CRPT­112hrpt381/pdf/CRPT­112hrpt381.pdf
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subsection (a) or (b) of this section or any of sections 44702­44716 of this title if the

Administrator finds the exemption is in the public interest.

49 U.S.C. 44701(f). See also 49 USC 44711(a); 49 USC 44704; 14 CFR 91.203(a)(1).

The grant of the requested exemption is in the public interest based on the clear

direction in Section 333 of the Reform Act; the additional authority in the Federal

Aviation Act, as amended; the strong equivalent level of safety surrounding the

proposed operations; and the significant public benefit, including enhanced safety and

cost savings associated with transitioning to sUASs for aerial surveying, mapping and

inspection applications. Accordingly, the applicant respectfully requests that the FAA

grant the requested exemption without delay.

3. Summary Background of the AgEagle Robotic Aircraft System

The AgEagle is a battery­powered electric fixed wing aircraft with a wingspan of

approximately 56 inches and a take off weight of approximately 7.5 pounds including

payload. The AgEagle is programmed and operated primarily using cellular data

network services, with the Pilot In Command (“PIC”) overseeing operations using a

laptop, tablet computer or smartphone connected to the Internet (usually over the same

cellular data network). The AgEagle can also be piloted over a 900 MHz radio using a

laptop, tablet, or smartphone. Failsafe controls for emergency landings are also

available via a 900 MHz industry­standard transmitter / receiver.

4. Scope of Mission Operations

The primary role of the AgEagle is aerial­based land survey in sparsely­populated rural

areas including the acquisition of aerial photography for photogrammetric and

preliminary “scouting” purposes; primarily in the precision agriculture market space. The

AgEagle is equipped to carry either still­shot or video cameras, as well as still­shot

cameras that have been modified to detect near­infrared spectra in wavelengths attuned

to plant health. Ultimately, the AgEagle system enables land stakeholders to make

informed decisions in the context of acreage. In the case of industries such as

agriculture, the goal is enhanced land management and resource conservation that

saves the land operator input costs while maximizing yield.

As described in detail following, the scope of this exemption would permit the AgEagle

to operate commercially in controlled conditions on private ground with the permission

of the landowner and/or operator at low altitudes in a limited flight duration over an
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airspace that is inherently limited in range. Furthermore, the relatively small size, low

weight, and lack of hazardous payload (fuel) when compared to conventional manned

aircraft make the AgEagle a lower­risk alternative to conventional manned aircraft

designed to perform similar missions.

5. Evidence of Airworthiness

Critical to our exemption application is evidence of the airworthiness of the AgEagle

robotic aircraft solution. Since inception of its proprietary airframe design, AgEagle, LLC

believes that it has shown compliance through a history of flight operations totaling

approximately 19,080 operational hours . Furthermore, the AgEagle solution is a

2

product that is delivered to the customer fully rigged and fight tested. The AgEagle is

sold as a complete product solution. Should the AgEagle not be airworthy, then a lack of

sales would justify this conclusion and consumers would not continue to purchase the

AgEagle.

The confidence of foreign regulatory bodies with respect to regular commercial use of

the AgEagle has been already been proven; specifically in Australia. Falcon UAV, the

AgEagle retailer for Australia (http://www.falconuav.com.au), has applied for and

received a UAV Operator’s Certificate from the Australian Civil Aviation Safety Authority

(“CASA”). Falcon UAV is currently operating the AgEagle commercially under this

certificate. Falcon UAV has graciously made this certificate available to Apis who can in

turn confidentially provide this document to the FAA for review upon request.

6. Safety Features

The criteria set forth in current regulation specify the substantive showings of the safety

and fitness of a device for operation to ensure that the FAA has sufficient basis to

evaluate the aircraft’s safety. The AgEagle has a significant set of automated features

provided by DroneDeploy, a San Francisco, California­based UAV solutions company

that provides a hardware / software solution that ensures safe takeoff, flight and landing

in all but extreme conditions. Further details of operation can be found in Appendix C.

2 As of Dec 2014, AgEagle staff and customers have performed over 6,360 flights, logging 19,080 hours of

flight time with the first generation AgEagle regarding both development and release versions. The current

generation product, has achieved over 480 flights and 1,440 hours of flight time globally by AgEagle and its

customers. This is a significant amount of flight time collected to understand and refine the AgEagle sUAS

as a product. AgEagle, LLC has gone on public record in the form of their own exemption request

(FAA­2014­1104­0001) dated December 29, 2014 stating these flight hours as justification of airworthiness.
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Facilitated by the DroneDeploy solution, automated safety functions and

safety­enhancing features of the AgEagle include:

● Automated preflight system performance checks and calibrations

● A preflight checklist for the sUAS operator

● A one­button “hit the deck” collision avoidance command which causes the

aircraft to drop from its cruising altitude and loiter at 50 feet AGL.

● Automated condition and fault detection, warnings, and predefined responses to

a number of flight and system conditions including:

○ High winds with system and user defined safety thresholds

○ Low battery with system and user defined safety thresholds

○ High temperature and other hardware safety threshold monitors

○ An automated return protocol for a lost communication link

● Predefined responses to flight parameters exceeding the aforementioned safety

thresholds include behavior such as:

○ Attempting to reestablish radio communication

○ Returning to the home position to loiter

○ Returning to the home position to land

○ Landing at the current position

● In the case of a lost GPS fix, a non­automated flight mode is enabled which

allows the operator to provide manual navigation inputs to assist in landing the

vehicle.

7. Mandatory Operating Conditions

The requested exemption would permit the commercial operation of the AgEagle under

the following restrictions:

● Operations will be performed in Class G Airspace.

● Operations will be conducted 5 nautical miles outside of medium to large airports

.

3

● Operations will be conducted outside of U.S. Military Bases, U.S. National Parks

4

and posted Temporary Flight Restrictions (“TFRs”) .

5

● Operations will be performed at an altitude of no more than 400 foot above

ground level (“AGL”) at a target speed of 40 knots.

● Operations will be performed on private property with documented permission of

the landowner and / or land operator.

3 As illustrated on the World VFR map on http://skyvector.com

4 As illustrated on https://www.mapbox.com/drone/no­fly/#

5 As Illustrated on the FAA TFR Map http://tfr.faa.gov/tfr_map_ims/html/index.html
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● The aircraft will be operated in the field with both a Pilot In Command (“PIC”) and

a Visual Observer (“VO”).

● The PIC will file a Notice to Airmen (“NOTAM”) prior to each flight.

● The aircraft will remain within the visual line­of­sight of the PIC for the duration of

the mission.

● For the duration of the mission, the VO will maintain direct voice contact with the

PIC.

● Operations will occur during daytime hours under visual meteorological

conditions.

● The aircraft will be operated in sparsely populated areas away from large

assemblies of people and heavily trafficked roads.

● Any additional State and / or Local permits will be obtained prior to operation.

8. Operator Requirements

Given the comprehensive set of safety features built­in to the AgEagle, Apis proposes

the following operator requirements in good faith with the safety of the National Airspace

being paramount:

● The operator must have successfully completed and passed the FAA private pilot

written examination or an FAA recognized equivalent.

● The operator must have completed a training program authorized by AgEagle,

LLC for operation and maintenance of the AgEagle robotic aircraft system.

Apis notes that the FAA has found that the aforementioned safety factors have been

sufficient to allow operation of sUASs by operators in the context of operations pursuant

to public COAs . The FAA has the statutory authority to grant exemptions to the

6

requirements for and privileges associated with the grant of airmen’s certificates per 49

USC 44701 (f).

● In addition, the operator will submit to a security background check equivalent to

that currently required to obtain a private pilot’s license. The FAA has made it

clear in preceding exemptions approved for operations in the same context that

7

this type of security screening is critical to safety of the National Airspace; but as

no official security screening procedures currently exist in the context of sUAS

6 See Federal Aviation Administration, Notice N8900.227, Unmanned Aircraft Systems (UAS) Operational

Approval, July 30, 2013.

7 See exemption approvals 11110, and 11136
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operation, Apis is willing to work with a representative from the FAA and / or the

Department of Homeland Security directly to ensure this qualification is met.

9. Appendices, Attachments, and Confidentiality of Proprietary Documents

Pursuant to this exemption from the FARs set forth above, Appendix A outlines the

specifics of this request in detail so as to illustrate the applicant’s understanding of their

impact with regards to the safety of the National Airspace. As a steward of such, Apis

has provided contextual detail pertaining to the operation of Apis Remote Sensing

Systems as a company in Appendix B; as well as the technical specifications of our

preferred sUAS platform, the AgEagle in Appendix C.

Additional documents pertaining to the specific maintenance and operation of the

AgEagle are proprietary to Apis and AgEagle LLC. As such, Apis requests that such

documents be held as confidential by the FAA as such time as said documents are

provided to the FAA for review. Apis can and will provide these documents on request,

but asks for a direct communication with an FAA liaison to provide the materials as

such.

10. Summary & Conclusion

To summarize, we the applicant seek an exemption; outlined in specific detail in

Appendix A for the allowance of market research and commercial operations of a small

unmanned vehicle in surveying, mapping and inspection operations. Approval of the

exemption allowing market research and commercial operations of the AgEagle for

surveying, mapping and inspection operations will enhance safety by reducing risk.

Conventional aerial survey and inspection operations using manned aircraft involve

significantly larger aerial vehicles compared to the AgEagle, carry a significant quantity

of combustible fuels, and require an on­board multi­person crew in piloting, observation,

and survey roles. These operations require air transit to and from the location of the

activity, and said operations have the propensity to include congested environments in

close proximity to physical obstacles and / or presence of the general public. By

contrast, the AgEagle weighs 7.5 lbs including payloads, uses a battery for power, does

not require use of the National Airspace in transit to and from the area of activity,

removes the need for airborne pilot and crew, and poses less risk to people and

infrastructure on the ground.
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In the context of air safety and national security, the AgEagle possesses the following

attributes:

● A small to modest overall size; consisting of a 56 inch wingspan and a weight of

7.5 lbs.

● A limited range governed by an approximate 40 minute operational time with

fly­away failsafes.

● Load carrying capacity limited to a single sensor approximate to the size of a

consumer point­and­shoot camera.

● A cruising speed of approximately 35 knots governed by software failsafes.

● Multiple failsafe measures inherent to the design of the system implemented to

ensure safe flight, recovery and incident mitigation.

● No payload of explosives, combustibles, or other dangerous materials, such as

fuel.

Given the aforementioned attributes in comparison to existing aircraft currently in

operation in the national airspace, the AgEagle poses little if any threat to national

security by the grant of the requested exemptions.

The operation of the AgEagle for market research, surveying, mapping and inspection

operations in accordance with the strict conditions outlined above, will provide an

equivalent level of safety supporting the grant of the exemptions requested herein,

including exempting AgEagle from the airworthiness requirements in Part 21 of 14 CFR.

The satisfaction of the criteria set forth in Section 333 of the Reform Act (i.e. size,

weight, speed, operating capabilities, operation within Visual Line­Of­Sight (“VLOS”)

and lack of proximity to airports, populated or areas national security) and demonstrated

equivalent level of safety as it relates to the requirement for FAA pilot certification,

provide adequate if not significant justification for the grant of the requested exemptions

allowing Apis commercial operation of the AgEagle in agricultural market research,

surveying, mapping and inspection operations.

In conclusion, the safe operation of the AgEagle Robotic Aircraft System is of utmost

concern, and safety remains paramount. Apis intends to operate within the spirit of all

applicable FAA regulations and will adhere to any further refinements. The operation of

sUAS for precision agriculture in remote rural areas can and will be beneficial to the

farmers, ranchers and landowners of this nation; as Apis operators and observers

intend to perpetuate the “safety first” mindset upheld by the FAA, while mitigating all risk

to personnel and property both in the air and on the ground.
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Apis understands that the FAA is working diligently to safely integrate small Unmanned

Aerial Systems into the National Airspace; and as such, requirements for safe

operations could be subject to change. That said, Apis is prepared to amend or append

this request in order to satisfy the requirements of safe operation as the requirements

continue to evolve. Please do not hesitate to contact us concerning any additional

requirements or clarification.

With sincere regards,

Beau Dealy

Managing Partner

Apis Remote Sensing Systems, LLC
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Appendix A

Overview of Regulations from which Exemption is Requested; Including

Explanation in the Context of Appropriateness, Safety, and Benefit to the

Public Interest.

The regulations from which the exemption is requested are as follows:

14 C.F.R. Part 21, Subpart H ​& ​91.203(a)(1):Airworthiness Certificates

As the FAA continues the work of developing airworthiness standards for unmanned

aerial systems, Apis seeks an exemption from the requirements for a certificate of

airworthiness as set forth in 14 C.F.R. 91.203(a)(1); and in turn 14 C.F.R. Part 21. Apis

asks for consideration of these exemptions in the context of the size, weight, speed,

operational capability and the use of said system outside of the operational range of

airports and away from populated areas. The AgEagle Robotic Aircraft System weighs

approximately 7.5 lbs fully loaded with a wingspan of 56 inches. The AgEagle carries no

pilot or passenger, carries no explosive materials or flammable liquid fuels, and

operates at a relatively low altitude and slow speed exclusively within confines of private

property. Given the small size and weight of the aircraft 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 to achieve or exceed current safety

levels. Furthermore, these criteria demonstrate that the AgEagle operating under the

conditions proposed herein, will be at least as safe, or safer, than a conventional aircraft

(fixed wing or rotorcraft) which has been issued an airworthiness certificate.

14 C.F.R. 45.23(b), 91.9(c) & 91.203(b): Marking of the Aircraft

Regulation 45.23(b) provides that the registration number of the aircraft must be on

display prefixed by the Roman capital letter “N”. The regulation also states that lettering

identifying the aircraft as in the “limited,” “restricted,” “light­sport,” “experimental,” or

“provisional” category must be displayed near each entrance to the cabin, cockpit, or

pilot station, in letters not less than 2 inches nor more than 6 inches high. In

conjunction, regulation 91.9(c) provides that no person may operate a U.S.registered

civil aircraft unless that aircraft is identified in accordance with part 45.

Given that the AgEagle has no cabin, cockpit, or pilot station, attempting to mark such

areas would be futile. Furthermore, it is unclear at the time of writing this request as to

whether or not the AgEagle would actually fit into one of the aforementioned categories

as official marking systems for sUAS have not yet been established for operations
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inside the NAS. That said, Apis is prepared to register and display said registration

number for any AgEagle flying under exemption if the decision regarding this exemption

requires it. Should display of a registration number be required on the aircraft, Apis will

make every effort to display the lettering in a high visibility format on the aircraft in lieu

of specific guidelines governing registration numbers in the context of sUAS.

As pursuant to regulation 91.9(c), Apis believes that our cooperation with marking

regulations that can reasonably be complied with in the context of the exemption should

fulfill this requirement.

As pursuant to regulation 91.203(b), the relative size size and therefore lack of any

cabin or cockpit to hold personnel or passengers is non­existent. As such, it would be

impossible to display any airworthiness certificate for concerned passengers and crew

even if the certificate was indeed required. Apis recognizes that the FAA has

determined in prior exemptions that relief from 91.203(b) is not necessary; allowing

relevant materials to be kept accessible to the operator in compliance with the

regulations. However, Apis respectfully requests that that the record pertinent to this

exemption state as much in the order of due process so as to ensure a meaningful level

of compliance. As such, Apis will require for operation of the AgEagle that all relevant

materials for operation be kept in a location accessible to the operator in a manner

befitting current and future regulations.

14 C.F.R. 61.113(a) & (b) & 14 C.F.R. 61.133(a): Private Pilot Privileges and

Limitations; Pilot in Command; Commercial Pilot Privileges and Limitations.

Section 61.113(a) & (b) limit private pilots to noncommercial operations. Unlike a

conventional aircraft that carries a pilot, passengers, and cargo, the AgEagle 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. AgEagle respectfully proposes that operator

requirements should take into account the characteristics of the particular sUAS. The

AgEagle has a high degree of pre­programmed control and various built­in technical

capabilities through the DroneDeploy solution that strictly limit the potential for operation

outside of the operating conditions set forth in the exemption application.

The AgEagle operates by way of an all­digital software platform powered by

DroneDeploy with advanced features previously available only to larger and more

complex unmanned aircraft. Automated features and advanced failsafe controls enable

safe, reliable operation, as well as advanced networking capabilities and system

extensibility. As such, nearly all operations in the context of what is traditionally handled
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and/or monitored by a pilot, either private or commercial, are handled by the autopilot

under the auspice of the DroneDeploy system. Such features include:

● Intelligent fault handling­ The system automatically detects potential issues with

configurable automated response behavior such as a “return home” and landing

routines.

● Automatic preflight checks­ The system self­calibrates all of its sensors and

performs diagnostics prior to takeoff to check for errors and no­fly situations.

● No­fly zones: The system has the ability to set up no­fly zones visually and using

existing flight charts.

● Self­monitoring­ Battery levels, GPS fix, radio connection(s), inflight wind speeds,

and numerous other system and environmental conditions are continuously

monitored, logged, and automatically handled by the system. In the event of a

fault, the aircraft will perform the appropriate predefined fatal or non­fatal

condition response.

● Battery communication: Flight time and battery minutes are available at all times

to the operator. The aircraft will return to the mission point of origin and land

automatically if the operational limits are reached.

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

priority. The AgEagle achieves this via the DroneDeploy system; presented to the

operator in a means that limits the operators’ ability to operate outside of acceptable

safety parameters; regardless of operating environment or project. The AgEagle offers

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, Apis proposes that operators

of the AgEagle should not be required to hold a commercial or private pilot certification.

In lieu, operators will:

● Successfully complete and pass the FAA private pilot written examination or an

FAA recognized equivalent.

● Complete a training program authorized by AgEagle, LLC for operation and

maintenance of the AgEagle robotic aircraft system.

● Submit to a security background check equivalent to that currently required to

obtain a private pilot’s license.
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Apis notes that the FAA has found that equivalent safety factors have permitted

operation of sUAS by operators with similar qualifications in the case of operations

pursuant to public COAs where the mandatory operating conditions specified above are

present. See Federal Aviation Administration, Notice N8900.227, Unmanned Aircraft

Systems (UAS) Operational Approval, at p. 20­21 (July 30, 2013). The FAA has the

statutory authority, granted at 49 U.S.C.44701(f) to waive the pilot requirements for

commercial operations.

Given these conditions and restrictions, an equivalent level of safety can and will be

provided by those in operation of the AgEagle without a private pilot’s certificate or a

commercial pilot’s certificate, under the conditions set forth herein.

The risks associated with the operation of the AgEagle (given its 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 rotorcraft), that allowing operations of

the sUAS 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 to allow commercial operation of

the AgEagle without an airworthiness certificate, no standard will exist for airworthiness

of the AgEagle. Given the precedence for exemption issuances of sUAS lacking a

proper airworthiness certificate , Apis respectfully requests that the AgEagle be

8

considered in a similar context as an equivalent (if not higher level) of safety will be

achieved by a combination of the fault monitoring of the DroneDeploy system, as well

as compliance with all flight protocols contained within the AgEagle operational

instructions before, during, and after each flight.

14 C.F.R. 91.9(b)(2): Civil Aircraft Flight Manual in the Aircraft.

The regulation provides that no person may operate a U.S.registered civil aircraft,

“For which an Airplane or Rotorcraft Flight Manual is not required by 21.5 of this

chapter, unless there is available in the aircraft a current approved Airplane or

8 See Exemption Approvals 11066, 11136, 11166 et. al.
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Rotorcraft Flight Manual, approved manual material, markings, and placards, or

any combination thereof.”

Given the size and configuration of the AgEagle, it has 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 operational instructions at

the ground control point where the operator in control of the AgEagle will have

immediate access to it. Apis recognizes that the FAA has determined that relief from

this sections is not necessary; allowing relevant materials to be kept accessible to the

operator in compliance with the regulations. As in the context of 14 CFR 91.203(b), Apis

prefers to have this matter documented in the order of due process so as to ensure a

meaningful level of compliance. As mentioned prior, Apis will require for operation of the

AgEagle that all relevant materials for operation be kept in a location accessible to the

operator in compliance with current and future regulations.

14 C.F.R. 91.119(c): Minimum Safe Altitudes

Section 91.119 establishes safe altitudes for operation of civil aircraft. Specifically,

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 established in this request for exemption, Apis will never operate the AgEagle higher

than 400 feet AGL. It will not be operated in congested or populated areas. Flights

conducted with the AgEagle will only take place on property with authorization of the the

landowner and / or operator. Because sUAS aerial survey, mapping and inspection

work can be, and is most often the case, accomplished at relatively low altitudes

including altitudes less than 500 feet AGL, an exemption from Section 91.119(c) is

needed.

Despite flying at lower altitudes than more conventional manned aircraft, an equivalent

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

the AgEagle is built. The AgEagle is not an aircraft built for transit; rather it is a survey

tool that is transported via other means to its intended area of operation. Because of the

inherent “fenced in” nature of its missions, that is, over land where affected individuals
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will be aware of the flights, Apis feels that a lower altitude operation actually provides a

higher level of safety. Compared to aerial survey operations conducted with aircraft or

rotorcraft weighing far more than 7.5 lbs and carrying flammable fuel, any risk

associated with these operations will be far less than those currently allowed with a

conventional aircraft operating at or below 500 feet AGL. Moreover, the low altitude

operations of the AgEagle will maintain a separation between such sUAS operations

and the operations of conventional aircraft that must comply with Section 91.119.

14 C.F.R. 91.151(a): Fuel Requirements for Flight in VFR Conditions

This regulation 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, assuming 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.” The AgEagle batteries provide approximately 40 minutes of

powered flight. Apis would only conduct flight during the day; and without an exemption

from 14 CFR 91.151, daytime flights would be limited to approximately 10 minutes in

length. Given the limitations on its proposed operations and the location of those

proposed operations, a longer time frame for flight in daylight VFR conditions is

reasonable.

Operating the AgEagle without 30 minutes of reserve power does not beget the type of

risks that Section 91.151(a) was meant to prevent given the size and speed at which the

UAS operates, as well as given the fact that Apis intends to maintain a VLOS with the

AgEagle at all times. The fact that it carries no pilot, passenger, or cargo also enhances

its safety. Additionally, limiting AgEagle flights to 10 minutes would greatly reduce the

utility of the aircraft. In the unlikely event that the AgEagle should run out of power, it

would simply land on ground on which Apis had already been granted flight over by the

landowner and / or operator. Given its weight and construction material, the risks are

less than contemplated by the current regulation.

Apis believes that an equivalent level of safety can be achieved by maintaining 10

minutes of reserve power, which, allowing 30 minutes of flight time, would be more than

adequate to return the AgEagle to its planned landing zone from anywhere in its VLOS

operating area. Similar exemptions have been granted to others in similar situations,

including Exemptions 2689, 5745, 10650, and 11110.
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14 C.F.R. 91.405(a), 14 C.F.R. 91.407(a)(1), 14 C.F.R. 91.409(a)(2) & 14 C.F.R.

91.417(a): Maintenance and Inspections Relating Thereto

Section 91.405(a) requires that an aircraft operator or owner “shall have that aircraft

inspected as prescribed in subpart E of this part and shall between required inspections,

except as provided in paragraph (c) of this section, have discrepancies repaired as

prescribed in part 43 of this chapter ...” Section 91.407 similarly makes reference to

requirements in Part 43; Section 91.409(a)(2) requires an annual inspection for the

issuance of an 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 licensed pilots and records of

approval of the aircraft for return to service.

Maintenance of the AgEagle is performed by the operator in accordance with the

instruction materials provided with the AgEagle per the guidance given during training

from AgEagle LLC and / or one of its authorized training affiliates. When instruction and

training is followed by the aircraft operator, an equivalent level of safety can be

achieved in lieu of the aforementioned maintenance and inspection criteria set forth in

the C.F.R. because the inherent properties of the AgEagle itself including:

● The relatively small size and mechanical simplicity of the AgEagle

● Its lack of cargo, crew, or passengers

● Any AgEagle mission will not extend past a predetermined area for which the

operator has permission to conduct flight operations.

● The operator is trained to inspect all maintenance points on the aircraft prior to

flight.

As a trained operator is an individual with a greater level of familiarity and

understanding with the AgEagle platform, it follows that this person is also best suited to

maintain the airworthiness of the aircraft in a context of a level of safety equivalent to

that presently mandated.

All criteria pertinent to flight operations are logged by the DroneDeploy system and are

available for immediate review by the operator. The DroneDeploy system also conducts

a diagnostic inspection of hardware and software systems prior to launch, with any

inspection failure being sufficient to suspend flight operations until the problem is

resolved.
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The AgEagle airframe is unique among its peers in that the manufacturer reinforces an

otherwise standard foam airframe with sturdy and lightweight composite materials thus

significantly reducing overall wear­and­tear to the airframe. If such an event occurs

during operation that the airframe is rendered unsuitable for flight, the aircraft with take

appropriate action to compensate to keep the aircraft airborne or terminate the mission

in the context of either a Fatal or Non­Fatal Conditioned response (see Appendix C

“Reliability”, “Fault Tolerance” and “Emergency Procedures and System Failures”).
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Appendix B

Company Profile

Apis Remote Sensing Systems, LLC (“Apis”) is a United States company located in

Hays, Kansas. Apis was founded on a mission to provide second­to­none small

Unmanned Aerial Systems (“sUAS”) sales, support, and service enriched by scientific

insight to its customers in and around Western Kansas. The founding partners have

over twenty­five years combined experience in Geographic Information Systems (GIS)

and remote sensing; and our staff has a strong background in providing technology

solutions to industries that insist on above­the­bar customer service, such as local

government and public safety. Our knowledge of the acquisition methods, sensors, and

deliverables associated with GIS, paired with a drive to provide insightful customer

service puts Apis in a unique industry position to facilitate the adoption of sUAS within

agriculture and the rural business market as a whole. Apis continues to work with the

agribusiness industry, cooperatives, local universities and the rural public at large to

promote a positive “people first” view of unmanned systems.

Apis is the exclusive Western Kansas dealer for the AgEagle Robotic Aircraft System;

engineered and manufactured by AgEagle, LLC; a United States Company located in

Neodesha, Kansas. Apis is an authorized training center for AgEagle and licenses

documentation and training materials to AgEagle for their customers internationally.

According to the manufacturer, AgEagle systems have a demonstrated track record with

respect to safety, logging over 19,080 operational hours while surveying approximately

1,272,000 acres to date without incident to property or person.
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Appendix C

Technical Specifications of the AgEagle Robotic Aircraft System9

The AgEagle can carry payloads up to 2.5 lbs and flies at a maximum wind threshold of

43 mph for sustained winds and wind gusts up to 55 mph. To this point, the AgEagle

employs a system that automatically compensates for wind rather than relying on the

operator to determine the impact of the wind with respect to the mission dynamic at the

altitude the system is flying. The end result is a system capable of gathering high quality

aerial survey data at higher wind thresholds; a trait that is imperative for many aerial

inspection operations.

The AgEagle has an operational range of up to 20 Statute miles (17.38 Nautical Miles);

however, software failsafes actively restrict the functional range to safe and appropriate

distances in­line with Visual Line­Of­Sight (“VLOS”) operation.

All flight operations are GPS controlled, making the system stable, steady, and easy to

navigate. At any point that the operator is not explicitly in command of the system, the

AgEagle automatically holds its position via GPS navigation (i.e. GPS hold for reliable

location loiter). Image acquisition is also GPS controlled allowing for a sophisticated

level of camera control that is also straightforward to operate. The flight control system

employs GPS positioning and navigation as well as a variety of sensors including

range­finding, barometric pressure, temperature, and wind speed to ensure a higher

level of reliability with respect to other sUAS in its class.

Powered by the DroneDeploy autopilot enhancement solution, the AgEagle can be

operated in both semi­ and fully autonomous flight modes. In semi­autonomous mode,

the operator controls flight operations in real­time via a map interface. For fully

autonomous flights, pre­planned flight paths are programmed via the same map

interface before the mission. All waypoints, landing zone points and flight area

dimensions are all entered before the mission and stored completely in non­volatile

aircraft memory, ensuring the AgEagle operates only within specified pre­programmed

parameters.

The AgEagle includes many advanced safety features that make it a practical choice in

the context of rural operation. Built­in intelligent fault handling allows the AgEagle to

9 Technical Specifications of the AgEagle have been provided to Apis by the manufacturer upon their

request.
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detect a system fault while in the air, and to automatically fly back to its takeoff location

and land. Faults that can be detected include:

● Loss of radio communication

● Exceeded preset wind thresholds

● Low battery levels

● Operator­defined “no fly zones” as well as maximum flight ranges and altitudes

In addition, the AgEagle must pass a series of automated flight checks initiated by the

DroneDeploy system prior to launch to ensure the system is flight­ready.

The AgEagle can be operated entirely by a touchscreen or point­and­click map­based

interface. Beyond safety, the responsibility of the operator is to program the aircraft with

the proper navigation parameters, and allow the the autopilot system to control the

operational minutiae. Data used for mission planning can be saved and flight plans can

be re­used where appropriate.

The body of documentation provided for instruction and operation of the AgEagle can

be made available upon request .

10

1. Physical Characteristics of the AgEagle

● Dimensions:

○ 56 inch wingspan

○ 26 inch length

○ 6.5 inch height

● Weight (without payload, including batteries): 7 pounds

● Weight with sensor payload (takeoff weight): 7.5 pounds

● Fuel: Not Applicable

● Propulsion System

○ Engine: One electric brushless DC motor.

○ Power: Self­contained, high­duration Lithium Polymer (“LiPo”) batteries

monitored by the on­board autopilot via real­time data feeds to ensure

maximum flight duration and subsystem safety processes.

○ Charging: Battery charger included with the system monitors and balances

current loads. Can be performed via standard wall outlet (AC), or using

DC power.

● Landing: “Belly landing” utilizing a polycarbonate protective “skid” plate.

10 See Application Section 9: “Appendices, Attachments, and Confidentiality of Proprietary Documents”
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2. Performance Characteristics of the AgEagle

● Maximum Altitude: 400 ft AGL

● Maximum Endurance: 40 minutes

● Maximum Range: Visual Line Of Sight (“VLOS”)

● Weather Minimums: Not Applicable

● Winds Maximum: 40 mph (sustained)

● Minimum ceiling: VLOS

● Minimum visibility: VLOS

● Icing conditions: None (No­fly)

● Precipitation: None (No­fly)

3. Maintenance

The AgEagle performs automatic preflight checks utilizing the DroneDeploy system. The

failure of any preflight check will prevent takeoff. As an added measure of safety per

instruction materials and training provided by AgEagle or one of its adjuncts, a qualified

operator is to perform a visual inspection of the AgEagle prior to each flight.

The preflight checklist includes (but is certainly not limited to):

● Visual inspection of the airframe, servos, and control surfaces

● Visual inspection of motor mount and propeller integrity

● Check charge of all batteries (aerial vehicle, command station, radio repeater

station)

Besides the tasks associated directly with the aforementioned preflight checks, the

AgEagle is nearly maintenance free.

4. Reliability

The system is designed for maximum reliability to maintain consistent performance over

the product lifespan. Components experiencing routine wear include motors, batteries,

and servos. Battery and motor conditions are monitored by the DroneDeploy system

with deviations reported instantaneously to the operator.

Contact with other objects sometimes during take­off, but usually during landing may

cause servos, pushrods, or controlling surfaces to become damaged. Damaged

components are likely to be detected during the full visual inspection of the airframe

performed before each flight. Likewise, structural damage affecting flight characteristics

will be detected not only visually, but by onboard sensors via the DroneDeploy system

as well.
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The AgEagle detects numerous conditions which may make flying unsafe, including (but

not limited to) reduced GPS accuracy, magnetic anomalies, low battery charge, battery

cell imbalances, and temperature fluctuations. Automatic preflight checks prevent the

AgEagle from taking off if such conditions are present; or, if the condition is detected

during flight, the system will trigger a Fatal Conditioned Response (“FCR”) with respect

to aforementioned fault detection system.

5. Fault Tolerance

The key feature of the AgEagle fault tolerance is its mechanical simplicity. The AgEagle

airframe is of a flying wing configuration with one electric motor and two elevon

controlling surfaces. Failure of the motor or any component failure detectable by the

system will be reported to the operator and will cause the AgEagle to perform an FCR

or Non­Fatal Conditioned Response (“NFCR”), depending on the type of failure.

6. Emergency Procedures and System Failures

The AgEagle has extensive failure detection and handling capabilities. All failures are

deeded to be either FCR or NFCR.

● Sensor Failure: Failure of onboard flight instruments/sensors will degrade

performance and will result in either a FCR or a NFCR, depending on their

severity. If the AgEagle becomes unstable due to sensor failure, the autopilot

system will trigger an appropriate landing response to prevent a fly­away

condition.

● Motor Failure: Given the inherent fixed­wing airframe design, the AgEagle can be

safely landed in the event of motor failure. Such an event would be handled as

an FCR or NFCR depending on severity and the autopilot system will trigger an

appropriate landing response.

● Power Failure: A complete battery failure causing power loss to the sUAS will

result in significantly degraded flight performance. However, given the minimal

power consumption necessary to maintain radio link, autopilot, and control

surface operation, a motor failure is more likely to occur before a complete power

failure.

● Airframe Failure: If airframe is damaged in ways that impacts flight

characteristics, the AgEagle will behave similar to as if an onboard flight

instrument failed.

● Navigation System Failure: In a navigation system failure, degraded GPS will

result in an FCR or NFCR depending on the severity of the failure(s).
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● Low Battery Condition: Operator will be alerted of a low battery condition and the

aircraft will initiate landing procedures as soon as able.

● VLOS Loss: All flight operations will be conducted with the AgEagle within visual

sight of the Pilot in Command (“PIC”). If the PIC’s view becomes obstructed and

VLOS is lost, the PIC may instruct the AgEagle to loiter in its current position until

VLOS is reestablished, or to return to the predetermined landing site, or to land

at the current position.

● Security: The system and communication links are encrypted by proprietary

software provided by the DroneDeploy system.

7. Command and Control Systems

The AgEagle Ground Control Station (“GCS”) powered by DroneDeploy allows the

operator simultaneous control over aircraft and sensor payload. Interface control allows

for quick navigation and data entry while the display screen provides all essential flight

data to the operator. Telemetry data is transmitted to the command station at least once

per second.

Displayed on GCS:

● Position

● Navigation Route

● Aircraft Identifier

● Position

● Altitude

● Heading

● North Seeking Arrow

● Range to Target

● Calculated target position

● Date / time

● Sensor heading and orientation relative to aircraft

On​board Flight Instruments

● The AgEagle is equipped with an Inertial Navigation System including:

○ 3­axis gyroscope

○ 3­axis magnetometer

○ GPS receiver

○ Static pressure sensor

○ Range­finding sensor for precision AGL altitude measurement
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● The AgEagle is equipped onboard computer systems to monitor (sensors,

battery, etc.), control (speeds, altitude, position, etc.), and communicate (control,

telemetry, etc.).

● The AgEagle can operate autonomously; it does not require any input from

groundbased equipment, or from the operator to remain airborne.

● Frequency Allocations: 900 MHz, 2.4 GHz, 5.8 GHz, 1,700 – 2,100 Mhz, custom

● A flight termination link to prevent a “fly away” or other potentially dangerous

situations is available to the operator at the GCS.

● The AgEagle is launched autonomously via catapult. A Landing Zone (“LZ”) is

designated by the operator prior to takeoff and identified in the GCS software.

Landing is handled autonomously at the cue of the operator after the completion

of the survey mission. Between instruction sets from the operator, the AgEagle is

programmed to autonomously loiter over the LZ until further operator instruction

is provided.

● Maps specific to navigation and mission planning are provided via the Drone

Deploy system, which are overlaid with GPS positional data from the AgEagle.

● Navigation waypoints can be created before and during flight operation. Over the

course of normal operation, waypoints are combined to create a scan

pattern­type flight pattern conducive to collecting nominal aerial survey data.

● The AgEagle combines the input from a multitude of sensors to create

redundancies in the system. Even though the data from all sensors is required for

optimal system performance, a single sensor malfunction is likely to result in

degraded performance and possibly an FCR or NFCR, rather than leading to a

catastrophic failure.