LAW OFFICES

JOSEPH E. REBMAN joe@rlblaw.net 

### REBMAN, LINHARES 

### & BEACHEM A**PROFESSIO~AL** CORPORATION

ROBERTJ. LINHARES* bob@rlblaw.net N. GREGORY BEACHEM* greg@rlblaw.net 8000 MARYLAND AVENUE, SUITE 1060 ST. LOUIS, MISSOURI 63105-3762 Telephone: (314) 725-1118 Telecopier: (314) 725-1026

August25, 2015
U.S. DepartmentofTransportation DocketManagement System 1200NewJersey Ave S.E. Washington, DC 20590 *ALSO LICENSED IN ILLINOIS

Re: Request for Exemption under Section 333 ofthe FAA Modernization and Reform Act of 2012 and 49 C.F.R. Part 11 of the Federal Aviation Regulations Dear Sir orMadam: Pursuantto Section 333 oftheFAA Modernization and Reform Act of2012 (the "Reform Act") and 14 C.F.R. Part 11, Rebman, Linhares & Beachem, a Professional corporation, on behalf of J.T & T Leasing, L.L.C., d/b/a Yield Scout ("J.T&T" or "Applicant"), an operator of small Unmanned Aircraft Systems ("UAS") equipped with cameras, sensors, surveying, mapping and imaging equipment and software for use inthe agricultural sector, hereby applies for an exemption from the listed Federal Aviation Regulations ("FARs") to allow for commercialuse ofits UAS, so long as such operations are conducted within and under the conditions outlined herein or as may be established bythe FAAasrequiredunder Section 333 ofthe ReformAct. Approval ofexemptions for J.T&T will allow commercial operations ofUAS to take photographs and use imaging equipment to provide certain agricultural and related data to agricultural producers and third party service providers in rural areas only. The pilot in command ("PIC"), Martin M. Cupp (the "PIC"), holds an Airline Transport Pilot's license and has morethantwenty (20) years ofexperience as a commercial airline pilot. Mr. Cupp has had considerable experience in operating various types of drones, including the 2015 AgEagle Rapid ("AgEagle"), which he has operated for more than twenty-five (25) hours. In addition, Mr. Cupp has received additional training on the AGEaglethrough a safety courseprovidedbythe UAS manufacturer. The requested exemption should be granted because operation ofthe proposed small UAS will be used under the strict conditions outlined below, will provide an "equivalent level of safety," as Congress intended, while still allowing commercialoperations in rural areas for the benefit ofagricultural producers and service providers. The operations proposed by this exemption request will be far safer than conventional operations conducted in helicopters and fixed-wing aircraft, which weigh tens of thousands ofpounds, carrying a pilot and crew and operate in close proximity to the ground and people below, as these operations will employ the use ofthe lightweight AgEagle. Moreover, the use ofthis drone for the proposed agricultural purposes has already been approved by the FAA in Exemption No. 11480, Regulatory Docket No. FAA-2014-1104, granted on May 1, 2015. Each ofthe seven factors Congress directed the FAAto consider when approving Section 333 exemption petitions

- size, weight, speed, operational capability, proximity to airport, proximity to populated areas, and operation within visual line of sight

- supports this Petition. The UAS is small and will operate at slow speeds, close to the ground, only in rural areas, far from airports and in a low risk, low population environment. In addition, the substantial experience and credentials ofthe PIC weigh heavily in favor ofgrantingthe exemption. J.T&T respectfully requests that information relating to the processes and equipment employed to provide the imaging services contemplated be kept confidential, as such information and processes are confidential andproprietary. If we can provide any additional information to assist your understanding or review of this document, please do not hesitate to contact us (Joe Rebman or Greg Beachem) at 314-725-1118 orviae-mail atjoe@rlblaw.netor greg@rlblaw.net.

(Enclosures)UNITED STATES OF AMERICA DEPARTMENT OF TRANSPORTATION FEDERALAVIATION ADMINISTRATION WASHINGTON, DC In the Matterofthe Petitionof ) ) ) ) ) ) J.T&TLeasing, L.L.C. d/b/a Yield Scout, Regulatory DocketNo. FAAPetitioner. PETITION FOREXEMPTIONS UNDER SECTION 333 OF THE FAAMODERNIZATION & REFORM ACT OF 2012 COMES NOW J.T&T Leasing, L.L.C., d/b/a Yield Scout ("Petitioner"), by and through counsel, and hereby Petitions the FAA seeking exemptions from the Federal Code ofRegulations to operate Small Unmanned Aircraft Systems ("UAS") 49 C.F.R. Part 21 and Sections 21(h); 61.23 (a) and (c); 61.101(e)(4) and (5); 61.113(a) and (b); 61.315(a); 91.7(a); 91.119(c); 91.121; 91.151(a)(1); 91.405(a); 91.407(a)(l); 91.409(a)(l) and (2); and 91.417(a) & (b); and, to the extent required by the FAA, Sections 43.11; 45.11; 45.23(b), 45.27; 45.29; 91.9(b)(2); 91.103(b); 91.109; 91.203(a) & (b) ofTitle 14

Counsel forPetitioner JosephE. Rebman &N. Gregory Beachem Rebman, Linhares & Beachem aProfessional Corporation 8000 MarylandAve, Suite 1060 St. Louis, MO 63105 Phone: 314-725-1118 Fax: 314-725-1026 E-Mail: joe@rlblaw.netand greg@rlblaw.net

1Table ofContents I. Publishable Summary

...........................................................................................4 II. Petitioner's Contact Information

...........................................................................S III. J.T&T's Operations A. The UAS

...................................................................................5-6 B. Flight Conditions

...................................................................... 6-7 C. Flight Operations & Safety Features

.........................................7-9 IV. Privacy

..................................................................................................................9 V. Aircraft& EquivalentLevel ofSafety

............................................................ 9-11 VI. Public Interest & Safety

................................................................................ 11-12 VII. Regulations from Which Exemption is Sought

............................................ 12-13 A. 14 C.F.R. 21(h) Airworthiness Certificates

.......................... 13-14 B. 14 C.F.R. Part27 Airworthiness Standards

................................14 C. 14 C.F.R. 43.7 Persons Authorized

.............................................14 14 C.F.R. 43.11 Content, form and disposition ofrecords

... 14-15 14 C.F.R. 45.11 Marking ofProducts

.........................................15 14 C.F.R. 45.27 Location ofMarks

...........................................15 14 C.F.R. 45.29 Size ofMarks

...................................................16 D. 14 C.F.R. 61.23(a) and (c) Medical Certificates

.........................16 E. 14 C.F.R. 61.101(e)(4) and (5) Recreational Pilot'sLicenses

....16 F. 14 C.F.R. 61.113(a) Pilot Qualifications

.............................. 16-17 G. 14 C.F.R. 61.315(a) SportPilotsLicenses

..................................17 H. 14 C.F.R. 91.7 (a) Civil AircraftWorthiness

..............................17 I. 14 C.F.R. 91.9(b)(2) CivilAircraft FlightManual, Marking and PlacardRequirements

............................................18 14 C.F.R. 91.9(c) Civil AircraftFlight Manual, Marking and Placard Requirements

...................................... 18-19 14 C.F.R. 91.103(b)(2) PreflightAction

.....................................19 14 C.F.R. 91.105 Flight Crewmembers at Stations

....................20 14 C.F.R. 91.113(b) Right-of-Way Rules

...................................20 J. 14 C.F.R. 91.119(b) and (c) Minimum Safe Altitudes

.........20-21 K. 14 C.F.R. 91.121 Altimeter Settings

.....................................21-22 L. 14 C.F.R. 91.151 Fuel Requirements

.........................................22 M. 14 C.F.R. 91.203(a) and (b) Civil Aircraft: Certifications Required

.........................................................22-24

2N. 14 C.F.R. 91.215 ATC Transponder andAltitude Reporting Equipment & Use

.......................................................24 

### 0. 14 C.F.R. 91.403 General Maintenance

................................24-25 P. 14 C.F.R. 91.405(a) and (d) MaintenanceRequired

...................25 Q. 14 C.F.R. 91.407(a)(1) Operation afterMaintenance, PreventiveMaintenance, Rebuilding orAlteration

....................25 R. 14 C.F.R. 91.409 Inspections

......................................................26 S. 14 C.F.R. 91.417 MaintenanceRecords

.....................................26

ExhibitList

Exhibit 1 SmallAerial System Description

......................................................27-31

Exhibit 2 2015 AgEagle Owner'sManua1

..............................................................32

Exhibit 3 PIC Credentials

.......................................................................................33

Exhibit4 Consent & Release ofLiability

.........................................................34-35
Exhibit 5 Sample Log & MaintenanceBook

..........................................................36

Exhibit 6 AgEagle, LLC ExemptionNo. 11480, Regulatory DocketFAA-2014-1104, granted onMay 1, 2015

................................37



### 3I. 

### Publishable Summary Pursuantto 14 C.F.R. Part 11, the following summary is provided for publication inthe federal Register, shoulditbe determinedthatpublicationis needed: Applicant seeks an exemptionfrom the following regulations: 14 C.F.R. Sections 21(h); 61.23(a) and (c); 61.101(e)(4) and (5); 61.113(a); 61.315(a); 14 C.F.R. 91.7; 14 C.F.R. 91.119(c); 14 C.F.R. 91.121; 14 C.F.R. 151(a)(1); 14 C.F.R. 91.405(a); C.F.R. 91.407(a)(1); 14 C.F.R. 409 (a)(1) and (2); and 14 C.F.R. 91.417 (a) and (b); and, to the extent applicable, Sections 14 C.F.R. 43.7; 14 C.F.R. 43.11; 14 C.F.R. 45.11; 14 C.F.R. 45.27; 14 C.F.R. 45.29; 14 C.F.R. 91.9; 14 C.F.R. 91.103; and 14 C.F.R. 91.109 ofTitle 14, to operate commercially a small UAS. Approval ofexemptions for J.T&T Leasing, LLC, d/b/a Yield Scout ("J.T&T" or "Applicant"), will allow operation ofunmanned aircraft systems ("UAS") forthe purpose ofconducting scouting, photographing, mapping, NDVI, video, Orthomosaic, 2D and 3D LiDAR mapping, surveying, thermal imaging and crop and subsurface condition evaluation in the precision agricultural industry, for agricultural producers and service providers, only in rural areas. UAS operations will be conducted and managed by an experienced team of individuals, including a drone operator and "pilot-in-command" ("PIC"), a safety observer, and a data technician, acting in concert and in constant communication. The requested exemption should be granted because operation ofthe proposed small UAS conducted under the strict conditions outlined below, will provide an equivalent level of safety, as Congress intended, while still allowing UAS commercial operations. Operations using the lightweightUAS coveredbythis exemptionrequest, the 2015 AgEagle Rapid, are far safer than conventional aircraft operations conducted with helicopters and fixed-wing aircraft, which weigh tens of thousands of pounds, and involve a pilot and crew operating in close proximity to the ground and crew described below. The AgEagle has already been approved by the FAA to perform the same agricultural operationspurposedin this Petition. See Exhibit 6attached hereto. The seven (7) 

### factors Congress directed the FAA to considerwhen approving a Section 333 Petition

- (1) 

### size, (2) weight, (3) speed, (4) operational capability of the UAS and UAS operations (5) proximity to airports, (6) proximity to populated areas, and (7) operation within visual line ofsight

- each support this Petition. The proposed operations include the use ofsmall UAS, operating at slow speeds, at low altitude close to the ground, far from airports and in low risk, low population rural areas, and the PIC and safety team have substantial experience and expertise operatingthe UAS.

4

### II. Petitioner's ContactInformation J.T&T Leasing d/b/a Yield Scout P.O. Box 63 Brookfield, MO 64628 Attention: Jason Littrell, President Phone: 660-734-0831 Fax: 660-258-7324 E-Mail: jtt270@icloud.com Counsel: Joseph E. Rebman &N. GregoryBeachem Rebman, Linhares & Beachem, aProfessional Corporation 8000 MarylandAve, Suite 1 060 St. Louis, MO 63105 Attention: JosephE. Rebman Phone: 314-725-1118 Fax: 314-725-1026 E-Mail: joe@rlblaw.net III. J.T&T's Operations A. 

### The UAS: The requested exemption will permit the operation ofa small fixed-wing aircraft, the 2015 AgEagle Rapid Wing ("AgEagle"). The AgEagle is designed and manufactured by AgEagle, LLC. This fixed-wing aircraft operates at a speed ofno more than 40 mph and has autopilot and return to home features in the event ofan emergency. The AgEagle will be operated under controlled conditions at low altitude, less than 400 feet above ground level ("AGI"), in Class G airspace that is limited in scope, as described more fully described herein. The UAS has automated control and safety features including on-board sensors to detect failures and autopilot in the event of a problem. See Exhibit 1. The AgEagle is designed to be operatedby one person, butflight operations generally involve two (2) people, a PIC who flies the UAS, and a safety observer-data technician, who serve as observers during flight operations. The PIC is responsible for flying the UAS, monitoring its status and flight dynamics, while maintaining visual-line-of-sight (VLOS) with the UAS, and keeping the flight within the specified operating limits (in terms ofwind, flight range, battery life, etc.) to ensure safe operation ofthe UAS. The observer is responsible for monitoring the airspace for other aircraft and hazards and communicating with the operator, before and during flight as necessary, to ensure safe launching, flight and landing, while avoiding all aircraft or other identified hazards in the vicinity, and to make sure that the UAS stays within a limited geographic area. The PIC holds a Airline Transporter Pilot's License and has logged more than 25 hours flying the AgEagle. The PIC has also received additional training in 

### the manufacturer's training program for the AgEagle. Finally, the airspace in which the AgEagle will operate will be confined solely to rural

5areas and will be disclosed to and, as needed, approved by the FAA in advance ofall operations. Applicant has attached hereto and incorporates by reference herein as Exhibit 2 the User Manual for the AgEagle, which provides all pertinent specifications and operational steps for the AgEagle. The AgEagle and its predecessor drone types have beeninuse for three (3) years andhave an excellent operational safety record withmore than 19,080operationalhourslogged. B. Flight Conditions: The UAS will be flown in airspace under 400 feet above ground level ("AGL") and under controlled conditions solely inrural areas. J.T&Twill only operate its UAS in visual meteorological conditions**("VMC")~** where direct lines ofsight canbe maintained, no less than 2,000 feet horizontally from a cloud or when visibility is at least 3 statute miles from the PIC. The flight crewwill always make a safety assessment ofthe risk of every operation, and will only operate when it is determined that no undue hazards are present. The flight crew, consisting ofone (1) Pilot in Command ("PIC"), one (1) Visual Observer ("VO")- DataRetrieval Technicianwho will also observe, watch for intrusions intothe areabyunauthorizedindividuals orotheraircraft. The flight crew will meet with the landowner and/or agricultural producer (most often a farmer), review the UAS services to be provided, review the customer's property boundaries, the crops grown and the ground and subsurface conditions, and review and sign-off on required paperwork, which will include a waiver of liability from the customer providing its consent to the UAS services to be provided, in a form substantially similar to Exhibit 4 attached hereto. Additionally, during operations, the UAS team will be on the lookout for any trespassers and inclement weather conditions, so thatthe operationcanbequickly aborted ifnecessary. Grant of the exemption sought will be subject to the following mandatory conditions, which are based upon operating conditions for UAS established by public entitiespursuantto Certificates ofAuthorization:

• All operationsto occurin Class G airspace during daylighthours. • Operations to avoid congestion or populated areas, which are depicted in yellow onVFRcharts. • Operationsto beconducted overprivate and controlled-accessproperty. • Permission from land owner/controller required before commencing any flight. • Operations to occur during Visual Flight Rules Meteorological Conditions ("VMC"). • Aircrafttoremain within Visual Line ofSight ("VLOS").

6• VLOS guaranteed with a cylinder ofoperation around operator of

### Y2 nautical mile (''NM"). • Operationsto occurduring daylighthours. • AGL altitudeto be restrictedto no morethan400. • All operations conducted inthe vicinity ofairports to remain more than 5NM from the centerline azimuth of runway centerline measured from runway thresholds. • Operatorwill file aNOT AM for eachflight. • All required permissions and permits will be obtained from territorial, state, county or city jurisdictions, including local law enforcement, fire, or other appropriate governmental agencies. • All operations will include one PIC, one observer/safety technician and one data retrieval technician to surround the property and area of operation for visual observationofthe UAS at all times. The UAS will operate only in rural areas, with the permission ofthe landowner and operating only over the customer's property, taking photographs, videotaping, imaging, mapping and surveying ofrural farmland, only during good weather conditions and during daylight hours, at low altitude and speed, with an experienced operator and crew, and onlywhen conditions are determined safe afterinspection. C. Flight Operations & SafetyFeatures: Applicant respectfully proposes that operator requirements should take into account the characteristics ofthe particular UAS. CertainUAS, such as the AgEagle, are characterized by a high degree ofpre-programmed control and various built-in technical capabilities that limit the potential for operation outside ofthe operating conditions set forth above. The AgEagle UAS also provide many built-in functional and safety features to assist the operator in safe and reliable operation powered by DroneDeploy riskmitigation software. The AgEagleprovidestwo semi-autonomous flight modes using apoint-and-click map and video Interface. As of December 2014, AgEagle staff and customers have performed over 6,360 flights, logging more than 19,080 hours of flight time with the AgEagle, mapping more than 1,272,000 acres ofland with both development and release versions. The AgEagle has a 56" wingspan and is 6.5" long with a maximum altitude of 400 and a flying range of 40 minutes. The previous generation product, the 2014 AgEagle, achieved over 480 flights and 1440 hours offlight time globally by AgEagle and its customers. This is a significant amount offlight time collected to evaluate and refinethe AgEagle UAS products. To operate the AgEagle, the user clicks on a map displayed on the ground computer to direct the AgEagle to fly to the point on the map where the operator is pointing, or programmed flight plans may be entered for a series ofwaypoints or a grid based area. Additional navigation aids including landing zones and flight areas may be designated to ensure the AgEagle operates only within user-specified flight parameters. 7

### All flight operations are GPS controlled making the system easy to navigate, and the flight control system also employs a variety ofother sensors including sonar, barometric pressure, temperature, wind speed and others to ensure high stability and reliability in challenging weather conditions. At all times during flight operations, the operator can intervenein aprogrammedflight andtake immediate control. Using DroneDeploy's software package, additional automated safety functions and safety enhancing safety features ofthe AgEagle includethe following:

• Automatedpre-flight systemperformance checks. • Userpre-flight checklist. • "Hit the deck" mode that can be activated by simply pushing a button on the controller which causes the aircraft to drop from its cruising altitude to 50 feet abovethe ground and circlethereto avoid acollisionwith anotheraircraft. • Automated condition or fault detection, warnings, and pre-definedresponses to anumberofflight and system conditions. • High winds alarmwith system ofuserdefined safetythresholds. • Lowbattery alarmwith system ofuserdefined safetythresholds. • Hightemperature and other system safetythreshold alarms. • Lost-link communication. • Pre-defined responses which include "behavior" such as attempting to reestablish radio communication, return to home position and hover, return to home position and land, orland incurrentposition. • In

### the case oflost GPS, a manual user flight mode which is enabled to allow the operator to provide manual navigation inputs to assist in landing the vehicle. Applicant proposes that the PIC will hold a commercial pilot's license and firstclass medical certification, which will be sufficient in light ofthese safety features. In addition, the PIC has completed more than 25 hours offlight operation withthe AgEagle and safetytrainingprogramfor operation and maintenance ofthe UAS. Applicant notes that the FAA has found that its safety factors have been met and it has permitted operation of UAS by operators with these qualifications when the mandatory operating conditions specified above were present. See Federal Aviation Administration, Notice N-8900.227, Unmanned Aircraft Systems (UAS) Operational Approval, at 20-21 (July 30, 2013); and Exemption No. 11480, Regulatory Docket FAA2014-1104, granted on May 1, 2015. The FAA has the statutory authority to grant exemptions from the requirements for and privileges associated with the grant of airmen's certificates. 49 U.S.C. §44701 (f). 

### Approval ofthe exemptions allowing commercial operations ofthe AgEagle for surveying, mapping, photographing, videotaping and inspection operations will enhance 

### safety by reducing risk. Conventional aerial survey and inspection operations using manned aircraft involve very heavy aerial vehicles carrying significant quantities of combustible fuels, and a multi-person crew in piloting and observation roles. These 

### 8

### operations require transit to and from the location ofthe activity, and often take place in congested environments in close proximity to physical obstacles and/or presence ofthe general public. By contrast, the AgEagle weighs seven (7) lbs, withoutpayload, and uses a battery for power, is transported or carried to/from the area ofactivity, removes the need for airborne pilots/observers, and poses less risk to people and infrastructure on the ground.Additionally, no national security issue is raised by the grant ofthe requested exemptions. Given the size, load carrying capacity, speed at which it operates, and the fact that it carries no explosives or other dangerous materials, the AgEagle poses no threatto national security. The operation ofthe AgEagle for market research, surveying, mapping and crop inspection operationsin accordance withthe strictconditions outlined above, will provide an equivalent level of safety supporting the grant ofthe exemptions requested herein, including an exemptionfrom the requirements of49 C.F.R. Part21. IV. Privacy There is no concern that the proposed flights will cause invasions of privacy because all flights will occur in limited rural areas, within a customer's property boundaries, with the consent and permission ofthe property owner. Flights will overfly crop land and not over areas where people reside. Further, the flights will be for the very limited purpose of developing various data points to assist agricultural production as describedherein. V. Aircraft & 

### EquivalentLevel ofSafety Applicant proposes that the exemptions requested herein relate to regulations which apply to civil aircraft and that the UAS will provide an equivalent or higher level ofsafety under the current regulatory scheme due to the characteristics described herein. These limitations provide for at least an equivalent or higher level ofsafety to operate underthe currentregulatory structure. These limitations and conditions to which J.T&T agrees to be bound when conducting commercial operations under an FAA issued exemption include the following: 1. The UAS will weight no more than 

### 7pounds (with batteries, but without payload). 2. All flights will be operated within line of sight of a pilot and observer/safety technician.



### 93. Maximum total flight time for each operational flight ofthe AgEagle will be 30 minutes. Flights will be terminated at 25% fuel reserve should that occurpriorto the 30 minute limit. 4. The UAS will remain clear and yield the right ofway to all other manned operations and activities at all times. 5. Flights will be operated at an altitude oflessthan400 feet AGL. 6. Minimum crew for each operation will consist of the PIC, a safety observer, and a data technician who will also observe during flight operations. 7. A briefing will be conducted for theplanned UAS operationspriorto each day's activities. It will be mandatory that all personnel who will be performing duties in connection with the operations be present for this briefing. 8. Priorto each day's activities, the flight crew will visit the service location to determine ifit is safe for operating the UAS, taking photographs and conducting surveying and mapping activities. The flight crew will also briefthe property owner/customer onthe limitations ofthe UAS and their owninternal safety limitations. 9. The operator will obtain an FAA UAS Civil COApriorto conducting any operationsunderthis grantofexemption. 10. The operator will request a Notice to Airman ("NOTAM") not more than 72 hours inadvance, butnot lessthan48 hours priorto the operation. 11. At least three days before scheduling ajob, the operator ofthe UAS will submit a written Plan ofActivities to the local FSDO with jurisdiction overthe areaofthe proposedjobactivities. 12. The PIC holds an Airline Transport Pilot's License and has more than 25 hours of operational time with the AgEagle. In addition, the PIC has received safety trainingprovidedby themanufacturerto ensure a complete understanding ofoperational and safety features. 13. The PIC, safety observer and data retrieval technician will at all times be ableto communicateby voicethroughradio headsets. 14. Written permission from the landowners/authorized agents of the land overwhich flights will be obtained.

10

### 15. All required permissions and permits will be obtained from territorial, state, county or cityjurisdictions, including local law enforcement, fire, or otherappropriate governmental agencies. 16. The AgEagle will have the capability to abort a flight in case of unexpected obstacles or emergencies. Prior to each flight, two separate safety zones will be programmed into the UAS autopilot, in the eventthat the home areais unsafe for an emergencylanding. 17. The AgEagle has a failsafe system and the AgEagle will return to home and land automatically, rather than flying offuncontrollably or landing at an unknown location. 18. Approval of commercial flights as outlined in this petition presents no national securityissue. Satisfaction of the criteria provided in Section 3 3 3 of the Modernization and Reform Act

- size, weight, speed, operating capabilities, proximity to airports and populated areas and operation within visual lines of sight and national security considerations

- provide more than 

### adequatejustification for the grant ofthe requested exemptions allowing commercial operation ofapplicant's UAS to photograph and map farmland to develop data to assist agricultural producers pursuant to J.T&T's rules of operation. VI. Public Interest & Safety Use of the UAS will increase ground safety by eliminating the need to have multiple individuals in a helicopter or fixed wing aircraft while photographing and mapping. Manned helicopters pose a risk to the pilots and onboard crew. Comparably, when flying a UAS, the pilot and crew are safely on the ground, rather than several hundred feet in the air, and operation ofthe UAS provides an equivalent (ifnot greater) level ofsafety as the FAAhas previously determined. The FAA has already approved an exemption for the AgEagle UAS and agricultural uses proposed herein. See Exhibit 6. The FAA has also issued grants ofexemptions in circumstances similar in all material respects to those presented in this Petition. In Grants of Exemption Nos 11062 to Astraeus Aerial (see DocketNo. FAA-2014-0352), 1109 to Clayco, Inc. (see DocketNo. FAA-2014-0507), 1112 to VDOS Global, LLC (see Docket No. FAA-2014-0382) and 11213 to Aeryon Labs, Inc. (see Docket No. FAA-2014-0642), the FAA found that the enhanced safety achieved using an unmanned aircraftwith the specifications describedby Applicant herein and carrying no passengers or crew, rather than a manned aircraft of significantly greater proportions, carrying crew in addition to flammable fuel, gives the FAA good cause to fmd that the UAS operation enabled by this exemption is in the public interest. The limited weight ofthe AgEagle significantly reduces the potential for harm to participating and nonparticipating individuals or property in the event ofan incident or
11

### accident. Additionally, the UAS can more safely fly at lower altitudes than manned aircraft and require less room for takeoffand landing, allowing for flights to take place entirelyover smaller and confined areas. Therefore, the use ofthe AgEagle for the purposes ofphotographing, mapping and evaluating farmland is significantly saferthan use ofa manned helicopter or aircraft for the samepurposes.
VII. Regulations from Which Exemption Is Requested J.T&T submits thatthe grant ofthis exemption Petition for use ofthe AgEagle in precision agriculture, marketresearch, surveying, mapping and inspection operations will advance the Congressional mandate in Section 333 ofthe Reform Act to accelerate the introduction of UAS into the National Airspace System (''NAS") if it can be accomplished safely. This law directs the Secretary ofTransportation to considerwhether certain UAS 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 ofUAS do not create ahazard to users of theNAS orthe public orpose athreatto national security in lightofthe following:

• TheUAS's size, lightweight, low speed and operational capacity; • Operation ofthe UAS in closeproximityto airports andpopulated areas; and • Operation ofthe UAS within avisual line ofsight ofthe operator. See the Reform Act 333(a) (1). "Ifthe Secretary determines that such UAS may operate safely in the NAS, the Secretary shall establish requirements for the safe operation of suchUAS intheNAS." Id. 333 (c). The Federal Aviation Act (The "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 40102(16) ofthe 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. In

### that regard, Section 333 provides as follows: "The Administrator may grant an exemption from a requirement of a regulation prescribed under subsection (a) or (b) 

### ofthis Section or any sections 44702

- 44716 of this title if the Administrator finds the exemptionis inthepublic interest." The grant ofthe requested exemption in this instance is in the public interest based upon the clear direction in Section 333 ofthe Reform Act; the additional authority provided in the Reform Act; as amended; the strong equivalent level of safety surrounding the proposed UAS operations; and the significantpublic benefit derived, including enhanced safety and cost savings associated with transitioning to use of UAS for aerial
12photographing, surveying, mapping and inspection applications. Accordingly, the Applicant respectfully requests that the FAA grant the requested exemption without delay. A. 14 C.F.R. 21 (h): Airworthiness Certificates J.T&Trequests an exemption from 14 C.F.R. 21(h), which "prescribes procedural requirements for the issue ofairworthiness certificates." 14 C.F.R. 21.171. The AgEagle will meet an equivalent level of safety as a manned aircraft and has gone through extensive testing similarto that ofa manned aircraft. The AgEagle is small in size, light weight and operates at low speed, with pre-programed operation limitations. Thus, its operation clearly meets the statutory considerations provided in Section 333 of the ReformAct. Equivalent Level ofSafety: J.T &

### T'sproposed exemption meets the requirements for an equivalent level ofsafety ofthis Section, pursuant to Section 333, based upon the following factors:

• Small Size: The UAS is very small and has a 56"wingspan and is 6.5" long.

• LightWeight: TheUAS is very lightweight at 7pounds withoutpayload onboard.

• Slow Speed: The UAS has amaximumtop speed of40 mph.

• Operational Capacity: The UAS has a maximum operational endurance of 40 minutes.

• Proximity to Airports: The UAS will only be operated in rural areas, over a very limited space (the property boundaries of the customer), at very low altitude and speed, within the line ofsight ofthe PIC and observer. Pre-flight safety checks will keep UAS operationsmore than five (5) miles away from any airport.

• Proximity to Populated Areas: The UAS will only be operated in rural areas, far away from population centers, and only overthe property boundaries ofthe customer, within the line of sight ofthe PIC, the observer and data technician (who will also observe during flight operations).

• Operation Within Visual line ofSight: All UAS flights will be conducted within the line ofsight ofthePIC, the observer and data retrieval technician, at low altitudes and speed, conducted solely overthepropertyboundaries ofthe landowner/customer.

• Location: The UAS will only be flown in rural areas, far away from population centers and airports, withinthe boundaries ofthe property owner/customer, withinthe sight line ofthe UAS crew.

• Altitude: All UAS operations will be conducted at an altitude of400 feet or less. 13

### • Restricted Area ofOperation: All UAS operations will be restricted to rural areas, far away from any populated areas,
• PIC Experience & Expertise: The PIC will have an Airline Transport Pilofs License and more than 25 hours ofoperational hours with the AgEagle. In

### addition, the PICs has also received training on safety features on the AgEagle directly from the manufacturer. B. 14 C.F.R. Part27: Airworthiness Standards; Normal Category Rotorcraft J.T&T requests an exemption from 14 C.F.R. Part 27, which "prescribes airworthiness standards for the issue oftype certifications for normal category rotorcraft with maximum weights of 7,000 pounds or less and nine or less passenger seats." 14 C.F.R. 27.1. This Partprescribes standards for helicopters weighing over ahundred times more than the UAS that J.T&T will use. Because the AgEagle is significantly smaller, this Section is likely inapplicable; however, in the alternative (if this Section is applicable), J.T&Trequeststhatitbe granted an exemption from this Part. C. Aircraft Maintenance, Inspections, Records & Airplane Markings: The FAA has not previously granted exemptions from 14 C.F.R. Sections 43.7, 43.11, 45.11, 45.27 and 45.29, because it deemed exemptions from these regulations to be not necessary for UAS operations. These regulations relate to fixed-wing aircraft maintenance, inspections, record keeping and airplane markings and are not relevant to UAS operations. However, to the extent the FAA may determine that exemptions from these regulations are necessary for UAS operations, Applicant has addressed each ofthe regulations below: 14 C.F.R. 43.7: Persons Authorized to Approve Aircraft. Airframes. Aircraft Engines, Propellers, Appliances, or Component Parts for Return to Service After Maintenance, PreventiveMaintenance, Rebuilding, orAlteration J.T&T requests an exemption from 14 C.F.R. 43.7. This section provides, inter alia, that the holder ofa mechanic certificate or a repair station certificate must approve an aircraft, airframe, aircraft engine, propeller, appliance, or component partfor return to service.Equivalent Level ofSafety: The requested exemption will provide an equivalent level of safety, because J.T&T will conduct its own pre-flight inspection before every UAS operation, it will keep a detailed log of all flight operations, and it has made arrangements withthe manufacturerforregular quarterly inspections. 14 C.F.R. 43.11: Content, form, and disposition ofrecords for inspections conducted underParts 91 and 125 and 135.41 l(a) (1)

### and 135.419 ofthisChapter. J.T&T requests an exemption from 14 C.F.R. 43.11. This section provides, inter alia, for the listing ofdiscrepancies and placards by inspectors. The UAS, due to its
14small size, does nothaveroom for placardsto beplaced in oronthem and no inspections for UAS havebeencertifiedby FAA atthe presenttime. Equivalent Level ofSafety: To achieve an equivalent level ofsafety, J.T&T will keep log books ofall maintenance and repairs to the UAS. These log books will include the information meant for the placards. This log book procedure meets an equivalent level of safety to 14 C.P.R. 43.1l(b), because, as envisioned in the August 8, 2014 Memorandum, "Interpretationregarding whether certainrequired documents maybekept at an unmanned aircraft's control station," log books will be kept at the ground station were the PIC and flight crew will have immediate access to them. J.T&T has provided a sample log and maintenance record attached as Exhibit 5. Further, the UAS will be inspectedbythe manufacturer ona quarterlybasis eachyear. 14 C.F.R. 45.11: Marking ofProducts J.T&T requests an exemption from 14 C.P.R. 45.11. This sectionprovides, inter alia, thatthe manufacturers ofaircraft, engines, propellers, mark such aircraft, engines, or propellers with an approved fireproofidentificationplate. The UAS, due to its small size, does not have room for fireproofplacards to be placed on them. Any required placards couldbecomehazardous, dueto the additional weightand strainplacedontheUAS. Equivalent Level ofSafety: To achieve an equivalent level ofsafety, J.T&T will keep information related to the AgEagle, including the user manual and log books at the ground station, and affix their N-Numbers on the UAS, once obtained from the FAA Registration Office, as large as practicably possible. The requested exemption provides an equivalent level of safety to 14 C.P.R. 45.11, because the relevant documentation containing the serial numbers will be at the ground station withthe PIC, where it will be usableinthe event ofanemergency. T4 C.P.R. 45.27: Location ofMarks; Nonfixed-wing Aircraft J.T&T requests an exemption from 14 C.P.R. 45.27. This section provides, inter alia, that each operator ofa fixed-wing aircraft must display onthat aircraft horizontally onboth surfaces ofthe cabin, fuselage, boom, ortail the marksrequired by section45.23. The AgEagle, due its small size, does nothave a cabin, fuselage, boom ortail to display themarksrequiredby section45.23. EquivalentLevel ofSafety: Once J.T&Treceives itsN-Numbers for the AgEagle, it will displaythese marks onthe "arms"orfuselage ofthe aircraft as large aspracticably possible. This exemption provides an equivalent level of safety to 14 C.P.R. 45.27, because the UAS will be registered with the FAA Aircraft Registration Branch. In the event ofan accident, the UAS will betraceableby tracking devicebythe flight crew.

1514 C.F.R. 45.29: Size ofMarks J.T&T requests an exemption from 14 C.F.R. 45.27. This section provides, inter alia, at subpart (3), that the registration marks for rotorcraft must be at least 12 inches high. Such a displaywillbe impracticable due the small size ofthe UAS. Equivalent Level of Safety: J.T&T will affix its registration number as large as practicablypossible onthe "arms" orfuselage ofthe AgEagle, and as large as practicably possible on the surface ofthe AgEagle, once it obtains the N-Numbers. This exemption provides an equivalent level of safety to 14 C.F.R. 45.29, because the UAS will be registered with the FAA Aircraft Registration Branch. In the event ofan incident, the UAS willbe traceableby Applicant. D. 14 C.F.R 61.23(a) and (c): Medical Certificates The FAAhas previously conditionedUAS exemptions to PICs who hold a sports, private, recreational or commercial pilot's license and applicable medical certificate and Applicantrequeststhe same determinationbemade for this Petition. SeeExhibit 6. The PIC to be utilized by Applicant holds a Airline Transport Pilot's License and First-Class Medical Certificate. Accordingly, Applicant has satisfied this condition of operations. Equivalent Level Safety: Applicant's PIC will hold and maintain a Airline Transport Pilot's License and required medical certificate and, therefore, an equivalent level ofsafety willbeprovidedby an experienced and qualifiedPIC. E. 14 C.F.R 61.101(e)(4) and (5): Recreational Pilot'sLicense The FAA has previously conditioned UAS exemptions to PICs thathold a sports, private, recreational or commercial airline pilot's license and applicable medical certificate andApplicantrequeststhat same determinationbemade for thisPetition. The PIC to be utilized by Applicant holds a Airline Transport Pilot's License and a First-Class Medical Certificate. Accordingly, Applicant has satisfied this condition of operations. Equivalent Level of Safety: Applicant's PIC will hold and maintain an Airline Transport Pilot's license and required medical certificate and, therefore, an equivalent level ofsafety willbeprovidedby an experienced and qualifiedPIC. F. 14 C.F.R. 61.113(a): Pilot Qualifications The FAAhas previously conditionedUAS operationexemptionsto PICs thathold a sports, private, recreational or commercial airline pilot's license and applicable medical

16certificate and Applicant requests the same determination be made for this Petition. See Exhibit 6. The PIC to be utilized by Applicant holds an Airline Transport Pilot's License and First-Class Medical Certificate. Accordingly, Applicanthas satisfiedthis conditionof operations. Equivalent Level of Safety: Applicant's PIC will hold and maintain an Airline Transport Pilot's License and medical certificate and, therefore, an equivalent level of safetywill beprovidedbyexperienced and qualified PIC. G. 14 C.F.R. 61.315(a): SportPilotsLicense The FAAhas previously conditioned UAS exemptions to PICs that hold a sports, private, recreational or commercial airline pilot's license and applicable medical certificate and Applicant requests that same determination be made for this Petition. See Exhibit 6. The PIC to be utilized by Applicant holds an Airline Transport Pilot's License and First-ClassMedical Certificate. Accordingly, Applicanthas satisfiedthis conditionof operations. Equivalent Level of Safety: Applicant's PIC will hold and maintain a Airline Transport Pilot's License and required medical certificate and, therefore, an equivalent level ofsafety willbeprovidedby anexperienced and qualified PIC. H. 14 C.F.R. 91.7 (a): CivilAircraftAirworthiness The FAA has previously stated that no exemption is required for this section in the MPAA Exemptions and Applicant requests the same determination be made for this Petition. Alternatively, Applicant requests an exemption from 14 C.F.R. 91.7(a). The regulation requires that no person may operate a civil aircraft unless it is in airworthy condition. As there will be no airworthiness certificate issued for the aircraft should this exemption be granted, no standard will exist for determining airworthiness. Further, the FAA has already granted an exemption for the AgEagle UAS proposed in this Petition. SeeExhibit 6. Equivalent Level ofSafety: Applicant will keep the AgEagle Owner's Manual, maintenance and safety records at the ground station, where they will be readily accessible to the PIC and VO before, during and after flight operations. Thus, this exemption provides an equivalent level ofsafety to 14 C.F.R. 91.7(a), because the PIC, based on his/her knowledge ofthe aircraft and the documents available, will be able to makethe determination asto airworthiness inaccordance with 14 C.F.R. 91.7(b).

17I. 14 C.P.R. Sections 91.9(b)(2), 91.103(b), 91.105, 91.109 & 91.113(b): The FAA has previously determined that exemptions from these regulations were not necessary for UAS operation in that these regulations relate to flight manuals, pre-flight actions, crew member stations and rules of right-of-way for fixed-wing aircraft operations. However, to the extent that the FAA may determine that exemptions from these regulations are necessary for the exemption soughtherein, Applicanthas addressed theseregulations below: 14 C.P.R. 91.9(b)(2): CivilAircraftFlightManual, Marking, andplacardrequirements The FAA previously stated that no exemption is required for this Section and J.T&Trequeststhe same determinationto bemade for this Petition. Alternatively, Applicant requests an exemption from 14 C.P.R. 91.9 (b) (2). This sectionprovides: "(b)Nopersonmay operate aU.S.- registered civil aircraft

... (2) For which an Airplane or Rotorcraft Flight Manual is not required by 21.5 ofthis Chapter, unless there is available in the aircraft a current approved Airplane or Rotorcraft Flight Manual, approved manual material, markings, and placards, or any combinationthereof." Atpresent, there does not exist a method ofapproving manuals for UAS. Given the size and configuration ofthe UAS, there is no space to carry such a flight manual on the UAS. In addition, carrying a flight manual on an UAS would notmake sense when there is no pilot onboardto use the manual. Anequivalent (ifnot greater) level ofsafety would be provided by keeping the flight manual at the ground control point where the pilot operatingthe UAS will have immediate accessto same. On August 8, 2014, the FAA issued a memorandum entitled "Interpretation regarding whether certain required documents may be kept at an unmanned aircraft's control station." This Memorandum states that "maintaining these documents at the pilot's control station would meet the intent ofthe rule as the pilot would be able to producethe documents forhis orherowninformation orto an FAAinspector." Equivalent Level of Safety: Applicant will keep its flight manual at the ground station, where both the PIC and VO can easily gain access when needed. An equivalent level ofsafety to 14 C.P.R. 91.9(b)(2) is provided, because the intent ofthis rule- the pilothavingaccessto this material during flight

- is met. 14 C.P.R. 91.9(c): Civil AircraftFlightManual. Marking. and Placard Requirements. Applicantrequests an exemptionfrom 14 C.P.R. 91.9(c). This partprovides:

18"(c) no person may operate a U.S.-registered civil aircraft unless that aircraft is identified in accordance with part 45 of this chapter." As stated above, Applicant will submit AC Form 8050-1 to the FAA Registration Office in order to obtain its N-Numbers, which will be placed onthe "arms" or fuselage ofthe aircraft inlettering as large as practicablypossible. TheUAS, due to its small size, does not have room to contain fireproof placard or to display aircraft marks in a conventional size. However, Applicantwillplace itsN-Number onthe "arms"orfuselage ofthe aircraftinlettering as practicablypossible, once obtainedfrom theFAA. Equivalent Level ofSafety: Applicant will obtain its N-Numbers from the FAA Registration Office and affix it to the "arms" or fuselage of the UAS as large as practicably possible. An equivalent level ofsafety to 14 C.F.R. 91.9 (c) is met, because the UAS will beregisteredwiththeFAA and identifiedinthe eventofan incident. 14 C.F.R. 91.103(b)(2): PreflightAction Applicant requests an exemption from 14 C.F.R. 91.103(b)(2). This part provides: "Each pilot in command shall, before beginning a flight, become familiar with all available information concerning that flight. This information must include

- ... (b) For any flight, runway lengths at airports of intended use, and the following takeoff and land distance information:

... (2) For civil aircraft other than those specified in paragraph (b)(1) of this section, other reliable information appropriate to the aircraft, relating to aircraft performance under expected values of airport elevation and runway slope, aircraft gross weight, andwind and temperature." Because the UAS flights will not be at or in close proximity to any airports, Part 91.103(b)(2) does not apply. Equivalent Level ofSafety: The requested exemption will achieve an equivalent level ofsafety, becauseApplicantwill only operatetheUAS in rural areas, far away from population centers and airports, under strictly controlled conditions, over a limited geographic area. The PIC will always control operation oftheUAS with the safety crew within lines ofsight at all times. EachUAS will be manually controlled andthe AgEagle has a return-to-home feature ifthere is a malfunction. This will achieve an equivalent level ofsafety to 14 C.F.R. 91.105, because the flight crew will be at their stations at all times duringtheflight and the stations will notbe onthe aircraft, butonthe ground.

1914 C.P.R. 91.105: FlightCrewmembers at Stations Applicant requests an exemption from 14 C.P.R. 91.105, since this part is not applicable UAS carrying no flight crewmembers. Equivalent Level ofSafety: The requested exemption will achieve an equivalent level of safety, because Applicant will not operate the UAS unless the PIC is at the controls at all times. Each flight will be manually operated, with the exception ofthe return-to-home feature in case ofan emergency. This will achieve an equivalent level of safety to 14 C.P.R. 91.105, because the flight crew will be at their stations at all times duringthe flight. The stations will notbe ontheUAS, butonthe ground. 14 C.P.R. 91.113(b): Right-of-WayRules: ExceptWaterOperations Applicant requests an exemption from 14 C.F.R. 113(b) to the extent that it applies to overhead aircraft operating at or above 500 feet AGL, as the UAS will be operatingno higherthan 400 feet AGL. Thispartprovides: "(b): General. When weather conditions permit, regardless of whether an operation is conducted under instrument flight rules or visual flight rules, vigilance shall be maintained by each person operating an aircraft so as to see and avoid other aircraft. When a rule ofthis section gives another aircraft the right-of-way, the pilot shall give way to that aircraft and may not pass over, under, or ahead ofitunless well clear." Applicant's proposed UAS operations will be conducted at altitudes below 400 feet at all times. Equivalent Level of Safety: Applicant will operate its UAS so that it can see, avoid and give way to other aircraftthat should enter airspace at orbelow 400 feet AGL, and will give the right-of-wayto manned aircraft. This will provide anequivalentlevel of safety to 14 C.P.R. 91.113(b), because the UAS is small and significantly more maneuverable than a much larger manned aircraft. As a result, the PIC will be able to react andrespond much more quicklythanthe pilot ofamanned aircraft. J. 14 C.P.R. 91.119(b) and (c): Minimum Safe Altitudes: General Applicantrequests an exemption form 14 C.P.R. 91.119 subparts (b) and (c). This regulationprovides: "Except when necessary for takeoff or landing, no person shall operate an aircraftbelowthe following altitudes

... (b) Over congested areas. Over any congested area ofa city, town, or settlement, or over any open air assembly ofpersons, an
20altitude of 1,000 feet above the highest obstacle within a horizontal radius of2,000feet oftheaircraft. (c) Over other than congested areas. An altitude of 500 feet above the surface, except over open water or sparsely populated areas. In those cases, the aircraft may not be operated closer than 500 feet to anyperson, vessel, vehicle, or structure." Applicant requests an exemption to allow it to conduct flight operations closer than 500 feet to vessels, vehicles and structures when the owner/operator of any such vessels, vehicles or structures grants permission for the operation and the PIC makes a safety assessment ofthe risk ofoperating closer to those objects and determines that it does notpresent an undue hazard. Applicant also requests an exemption allowing itto fly closerthan 500 feet ofthe flight crew. Equivalent Level ofSafety: Applicant will not operate the UAS any higher than 400 feet AGL, and the majority offlights will be closer to 100 feet AGL. Furthermore, while Applicant will not be operating over any populated or congested areas, the UAS will necessarily be flown closer than 500 feet to farm land it will be evaluating. Additionally, prior to each operation, Applicant's flight crew will conduct a safety assessment and will not operate its UAS without determining that there are no undue safety hazards. Applicant will also have a buffer zone to prevent unauthorized individuals from entering into the flight area. Applicant's PIC and observer will be positioned around the outer edges of the flight operational area in order to actively monitor the space for unauthorized and nonparticipating individuals. Should one appear, the PIC will safety land the UAS in a manner meant to avoid the unauthorized and/or nonparticipating individual(s). This will provide an equivalent level ofsafety to 14 C.F.R. 91.119(b) and (c), because the PIC and flight crew will make a safety assessment of the risk of operating and determine thatitdoes notpresent an undue hazard. K. 14 C.F.R. 91.121 :Altimeter Settings Applicant requests an exemption from 14 C.F.R. 91.121. This section provides guidelines for altimeter use in maintaining the cruising altitude or flight level of the aircraft. Applicant is not requesting a general exemption from the requirement that its UAS have an Altimeter. The AgEagle's flight controllerhas an internal measurementunit ("IMU") with a built-in internal sensor and a barometric altimeter that measures both speed and altitude. See Exhibit 1. Applicant requests an exemption from the requirement to set its altimeter to a station along the route, or out ofan airport, because the AgEagle will not be traveling point-to-point and is limited to the distance it can travel from the PIC. Additionally, Applicant will not be flying into, or out of, or anywhere near an airport.

21

### Equivalent Level ofSafety: Applicant's operation ofthe UAS will not exceed 400 feet AGL and will be operated in a fashion that it does not have a sustained cruising flight speed, such as the manner in which a manned aircraft typically flies. The operator will be able to observe and control the maximum height ofthe UAS through direct observation and the telemetry features ofthe transmitter and on the laptop at the ground station. The telemetry features ofthe AgEagle provide altitude information from the onboard flight controller. Additionally, the UAS will only be operated within the lines of sight of the PIC and safety crew. Therefore, the equivalent level of safety provided by Section 91.121 will be met and the FAA has previously granted this exemption. L. 

### 14 C.F.R 91.151: Fuel Requirements for Flight inVFR Conditions The AgEagle is powered by electrically using Li-Po batteries which currently have a flight limit ofapproximately no more than 40 minutes. Exhibit 1. Therefore, due to the limitations ofthe batteries, it is currently impossible to comply with Part 91.151, because this regulation would limit UAS operation to 20 minutes. However, the UAS will be operated in a manner with at least the equivalent level ofsafety as that ofa manned aircraft complying with Part 91.151. Given the limitations on its proposed operations and the geographic limitations thereon, Applicant seeks alonger operational time during daylighthours only. Operation of a UAS with less than 20 minutes of reserve power does not engender the type ofrisks that Section 91.151(a) was intended to alleviate. During the entire flight, the PIC will always have a visual line ofsight ofthe UAS and the VO will be monitoring the battery life via the telemetry display on the laptop at the ground station. The UAS will always have enough power to land safely, given the minimum level ofreserve capacity ofthe batteries. Applicant believes that an exemption from 14 CFR §91.151(a) is entirely consistent with the scope of similar exemptions already granted to other operations, includingthe MPAA Exemptions. Equivalent Level of Safety: J.T&T will land the AgEagle when the low battery level failsafe is triggered. The proposed exemption meets an equivalent level of safety to 14 C.F.R. 91.151 because, given the limitations on J.T&T's proposed operations and the location of those operations, a reduced minimum power reserve for flight in daylight VFR conditions is reasonable. M. 14 C.F.R. 91.203(a) and (b): Civil Aircraft: Certifications Required J.T&T requests an exemption from 14 C.F.R. 91.203(a) and (b). 

### This section provides inpart:

22

### "(a) Except as provided in § 

### 91.715, no person may operate a civil aircraftunless ithas within itthe following: (1) An appropriate and current airworthiness certificate

... (2) An

### effective U.S. registration certificate issuedto its owner... (b) 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." First, there are currently no procedures by which the FAA can approve airworthiness certificates for UAS. However, 

### J.T&T will submit AC Form 8050-1 to the FAA Registration Office in order to obtain its N-Number, which will be placed on the legs ofthe aircraft as large as practicably possible, and the PIC will have the operator's manual and log book at the ground station, which have ofthe relevant testing and data information for each UAS. Second, J.T&T has put the AgEagle through the same testing that a manned aircraftwould go through. Additionally, the autopilot systems for the AgEagle provide a number ofsafety features, including the failsafe automatic return to home ifthe radio control link is broken. Because of the use of GPS with the UAS, the operator will set the initial location of flight takeoff ("home position"), and two alternative "safety zones" the UAS can be directed to, should the home position become unsafe. Ifthe radio control link is broken, the Autopilot system will recognize this broken control link and cause the UAS to automatically return to the home position as recorded by the GPS instrumentation. Because the UAS team will mark offan area with traffic cones that has a 50-100 foot diameterthat will be used as the "home position" to which the UAS will return, no one will be standing in the way ofthepath. More information about the AgEagle's flight control system can be found in Owner's Manual attached as Exhibit 2. 

### In the restricted environment and under the conditions proposed, operation of the UAS will be at least as safe as a conventional aircraft (fixed wing or rotorcraft) operating with an airworthiness certificate. J.T&

### T will not accept assignments from clients who are within 5 miles of controlled airspace without first gaining written and/or oral permission from air traffic control. Equivalent Level ofSafety: The AgEagle weighs seven (7) pounds and can carry a 2.5 pound technical payload, and carries neither a pilot, nor passengers. The UAS will 

### 23

### be tightly controlled and monitored by the operator and the observer and in compliance with the requirements of the FAA's grant of this petition and all local public safety requirements. This will ensure safety and securityfor the areaofoperation. The FAAwill have advance notice ofall operations, because J.T&T will notify both ATC and the local FSDO priorto operating, as outlined above. These safety enhancementsprovide a greater degree of safety to the public and property owners than 

### conventional operations conducted with airworthiness certificates issued under Subpart H. Lastly, application of these same criteria demonstrates thatthere is no credible threat to national security posed by the UAS, due to its size, speed ofoperation, location ofoperation, and inability to carry a substantial payload. Granting the proposed exemption will achieve an equivalent level ofsafety to 14 C.F.R. 91.203(a) and (b), because ofthe small size ofthe UAS and the operationallimits set outabove. N. 14 C.F.R. 91.215: ATC Transponder and Altitude Reporting Equipment &
This Section requires that installed Air 

### Traffic Control (ATC) transponder equipment must meet specific performance and environmental requirements, and aircraft mustbe equippedwithan operable codedradarbeacontransponder. The AgEagle is not equipped with ATC transponder equipment. It 

### is designed to fly in limited airspace underthe control ofa ground station. Because the UAS used by J.T&T will not be flying into or near airports, and will fly no higher than 400 feet AGL, they will not share airspace with manned aircraft and there is very low risk of collision. In addition, because there will be no need to have contemporaneous communication with ATC Control, due to the short distances, short flight times, and restricted altitude within which the UASs will operate, J.T&T requests an exemption from this section. Additionally, the UAS is too small to contain ATC transponder equipment in any form that is known to be available commercially at a reasonable cost. Equivalent Level ofSafety: An equivalent level ofsafety to 14 C.F.R. 91.125 will be met, because J.T&T will not fly its UAS into or near airports. All operations will be below 400 feet AGL, so there is very low risk ofcollision with any manned aircraft. Moreover, the AgEagle will always be flown within the line of sight ofthe PIC, and J.T&T will utilize two VOs on opposite, outer edges ofthe flight area, whose primaryjobis to watch for objects and individuals entering into the flight area. J.T&T will contact local ATC before operations to issue aNOTAM, 

### and the local FSDO with its flight plan. J.T&T will also give right ofway to manned aircraft ifthey do appear. 0. 

### 14 C.F.R. 91.403: General Maintenance This Section requires that the owner or operator of an aircraft is primarily responsible for maintaining that aircraft in an airworthy condition. J.

### T&T will 

### adhere to this requirement. However, this Section also limits maintenance to that "prescribed inthis subpart and other applicable regulations, including part 43 ofthis chapter." Because of
24

### this limitation, and because ofthe exemptions under Part 43 requested above, J.T&T requests an exemption from this Section. Equivalent Level of Safety: This exemption request meets the requirements for an equivalent level ofsafety pursuant to Section 333 ofthe Reform Act, because ofthe UAS's small size, light weight, relatively slow speed, and use in controlled rural environments, as described previously in this Petition. J.

### T&T will conduct regular pre-flight inspections and regular maintenance and repairs of the AgEagle will completed under the supervision and direction ofthe UAS's manufacturer and designer. P. 14 C.F.R. 91.405 (a) and (d): Maintenance Required Section 01.405(a) requires that aircraft be inspected as prescribed by Section E, 14 C.F.R. §§91.401-91.421. As shown below, J.T&T is applying for an exemption from these Sections, due to the fact that its PIC will inspect the UAS prior to each flight and keep a record ofall maintenance that is performed. Additionally, prior to each operation, J.T&T will conduct a pre-flight safety check ofthe AgEagle. This safety check is listed in the Owner's Manual. Because the Sections discussed below are concerned with manned aircraft, and as such have inspection requirements designed for the safety ofpassengers, they are inapplicableto J.T&T. J.T&T is also applying for an exemption from the requirement of Section 91.405(d), which requires a placard to be installed and references §43.11. As noted previously, J.T&T requests an exemption to the placard requirement, because, due to the small size ofthe UAS, there is no room to place the placard. As an alternative and to achieve an equivalent level of safety, J.T&T keeps logbooks detailing all maintenance and repairs. Despite the requested exemption from subparts (a) and (d) ofthis section, J.T&T will follow subparts (b) 

### and (c) ofthis subpart. Equivalent Level of Safety: The requested exemption will meet an equivalent level ofsafety to 14 C.F.R. 405 (a) and (d), because J.T&T will repair and maintain the AgEagle under the supervision and at the direction ofthe UAS's manufacturer. J.T&T will inspect andmaintainthe AgEagleby following the manufacturer's specifications. Q. 

### 14 C.F.R. 91.407 (a)(l): Operation after Maintenance, Preventative Maintenance. Rebuilding orAlteration This Section prohibits operation ofany aircraft that has undergone maintenance, preventative maintenance, rebuilding, or alteration unless "(1) [i]t has been approved for return to service by a person authorized under § 43.7 of this chapter; and (2) [t]he maintenance record entry required by §43.9 or §43.11, as applicable, ofthis chapter has beenmade."

25However, J.T&T has requested an exemption from §§ 43.7 and 43.11 as described previously. The capability ofthe operators to maintain and repair the UAS meets the requirements for an equivalent level ofsafety pursuant to Section 333 for UAS, their intended use, and the rural operatingenvironment. Additionally, due to the small size ofthe UAS, there is no roomtoplace inspectionplacards. Therefore, because J.T&T has requested an exemption from Sections 43.7 and 43.11, J.T&Trespectfullyrequests an exemptionfrom 91.407. Equivalent Level of Safety: To achieve an equivalent level of safety, J.T&T will regularly inspect and maintain its UAS in the manner required for manned aircraft, under the supervision of and at the direction of the manufacturer of the AgEagle. J.T&T will inspect and maintain the AgEagle by following the manufacturer's specifications. R. 14 C.F.R. 91.409: Inspections This Section lays out the requirements for inspections of aircraft. J.T&T respectfully requests an exemption from these requirements, becausethey are intended to maintain the safety ofmanned aircraft significantly larger and capable ofsignificantly longer flights than the UAS. J.T&T's inspection and maintenance procedures are providedinExhibit 1. Equivalent Level ofSafety: The requested exemption will meet or exceed the level of safety achieved by adherence to 14 C.F.R. 91.409, because J.T&T's inspection and maintenance procedures ofthe AgEagle are as identical as possible to the inspection and maintenance procedures ofmanned aircraft. Additionally, J.T&T will inspect and maintainthe AgEagleby following the manufacturer's specifications and all repairs will be completed bythe UAS manufacturer. S. 14 C.F.R. 91.417: Maintenance Records J.T&T respectfully requests an exemption from this Section, as it is only applicable for aircraft with an airworthiness certificate. Because J.T&T will not have an airworthiness certificate, this Sectionis inapplicable. Equivalent Level ofSafety: The requested exemption will provide an equivalent level of safety to 14.C.F.R. 91.417, because J.T&T will keep detailed maintenance records on every part as it is replaced, including but not limited to propellers, batteries, and electrical components.

26