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

. Thousand Oaks Blvd

. Suite 300 Westlake Village, CA 91362

June 15, 2015

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

.W

. Wash ington, D.C. 20591

To Whom It MayConcern: Enclosed please find an exemption application filed on behalfofAg Tech Enterprises, Inc. underSection 333 ofthe FAA Modernization and Reform Act of2012 and 14C.F.R. Part 11 to allowcommercial operations of unmanned aircraft for precision aerial survey. We here atAg Tech request that you considerthis request for summarygrant based up on the company's existing 333 exemption (Exemption No. 1 1573; Regulatory Docket No. FAA-2015-0351) for use ofa similaraircraft, and also based upon the exemptions that have already been granted regarding the make and model ofaircraft presently at issue. Should you oryour staffhave any questions, please contactthe undersigned. Thank you foryourtime and consideration.

Jon Tull, CEO Enclosures

### June 15,2015 U.S. Department ofTransportation Docket Management System 1200NewJersey Ave., SE Washington, DC 20590 Re: Exemption Request Under Section 333 ofthe FAA Reform Act and Part 11 ofthe Federal Aviation Regulations DearMadam, Sir, Pursuant to Section 333 ofthe FAA Modernization and Reform Act of2012 (the "Reform Act") and 14 C.F.R. Part 11, Ag Tech Enterprises, Inc. ("Ag Tech") an operator of the AgEagle Unmanned Aircraft System ("AgEagle") seeks an exemption from the Federal Aviation Regulations ("FARs") listed below:

• 14 C.F.R. 21 • 14 C.F.R. 45.23 • 14 C.F.R. 45.29 • 14 C.F.R. 61.3 • 14 C.F.R. 61.113(a)&(b) • 14 C.F.R. 61.133(a)&(b) • 14 C.F.R. 91.109(a) • 14 C.F.R. 91.121 • 14 C.F.R. 91.319(a)(l) • 14 C.F.R. 91.7(b) • 14 C.F.R. 91.119 • 14 C.F.R. 91.151(a) • 14 C.F.R. 91.203(a)&(b) • 14 CFRSubpartE (91.401- 91.417) The requested exemption would authorize commercial operations using the AgEagle for mapping and survey applications. These operations will be subject to strict operating requirements and conditions to ensure at least an equivalent level ofsafety to currently authorized operations using manned aircraft andunder conditions as may be modified by the FAAas required by Section 333. 1. CHARACTERISTICS OFTHEAIRCRAFT The AgEagle is a battery-powered electric fixed wing aircraft with a wingspan ofapproximately 56 inches and a take-offweight ofapproximately 7.5 pounds including payload. The AgEagle is programmed and operat ed 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 overthe same cellular data network). The AgEagle can also be piloted over a 900 MHz radio using a laptop, tablet, or smartphone. Failsafe controls of emergency landings are also available via a 900 MHz industry standard transmitter 

### I receiver. (SeeANNEX B for additional information)2. APPLICATIONS Ag Tech intends to use the AgEagle to collect aerial datafor use in precision agriculture, allowing Ag Tech to assist customers 

### with crop yield optimization, resource allocation and management, 

### pest control, and risk management. Ag Tech proposes to use a small, lightweight UAV -the AgEagle

- and proprietary cloud-based software to collect, process, and analyze aerial data. In doing so, Ag Tech would occupy a brand new space in a transformative industry by providing high quality and actionable information to users. Ag Tech's use ofthe AgEagle wouldcontribute to various social goods, from environmental protectionto improved crop yields. Inproviding this service, Ag Tech would empower researchers and farmers to make better management decisions through software that identifies disease and insects, nutrient deficiencies, and materials for increasing yields with fewer resources. Operations underthe exemption will be subjectto strict operating requirements and conditions to ensure at least an equivalent level of safety to currently authorized operations using manned aircraft and under conditions as may be modified by the FAA as required by Section 333. 3. APPLICABLE LEGAL STANDARD UNDER SECTION 333

a. Airworthiness assessment ofthe AgEagle A critical element ofthe exemption application involves evidence ofthe airworthiness ofAgEagle sUAS includingthe 2015 AgEagle. AgEagle has shown compliancethrough a history offlight operations totaling approximately 19,080 operational hours. The criteria set forth in the Order specifythe substantive showings ofthe device's safety and fitness for operationto ensurethatthe FAA has sufficient basis to evaluate the aircraft's safety. The 2015 AgEagle also has a significant set ofautomatedfeatures providedby DroneDeploy to ensure safe takeoff, flight and landing inmany conditions. Further details ofoperation can be found inAnnex 

### B. b. Operating requirements Grant ofthe exemption to Ag Tech for the AgEagle will be subject to the following operating conditions: 1. Operations authorized by this grant of exemption are limited to the AgEagle when weighing less than 55 pounds including payload. Proposed operations ofany other aircraft will require a newpetition or a petitionto amend this exemption. 2. Operations for the purpose of closed-set motion picture and television filming are not permitted. 3. The UA may not be operated at a speed exceeding 87 knots (100 miles per hour). The exemption holder may use either groundspeed or calibrated airspeed to detennine compliance with the 87 knot speed restriction. In no case will the UA be operated at airspeeds greater than the maximum UA operating airspeed recommended by the aircraft

### manufacturer. 4. The UA must be operated at an altitude ofno more than 400 feet above ground level (AGL). Altitude mustbereported 

### infeet AGL. 

### 5. The UA must be operated within visual line of sight (VLOS) ofthe PIC at all times. This requires the PIC to be able to use hmnan vision unaided by any device other than corrective lenses, as specified onthe PIC's

**FAA~issued** 

### airman medical certificate or U.S. driver's license. 6. All operations must utilize a visual observer (VO). The UA mustbe operated within the visual line ofsight (VLOS) ofthe PIC and VO at all times. The VO may be used to satisfy 

### the VLOS requirement as long as the PIC always maintains VLOS capability. The VO and PIC must be able to communicate verbally at all times; electronic messaging or texting is not permitted during flight operations. The PIC must be designated before the flight and cannot transfer his or her designation for the duration ofthe flight. The PIC must ensure that the VO can performthe duties required ofthe VO. 7. This exemption and all documents needed to operate the UAS and conduct its operations in accordance with the conditions and limitations stated in this grant of exemption, are hereinafter referred to as the operating documents. The operating documents must be accessible during UAS operations and made available to the Administrator upon request. Ifa discrepancy exists betweenthe conditions and limitations in this exemption and the procedures outlined in the operating documents, the conditions and limitations herein take precedence and must be followed. Otherwise, the operator must follow the procedures as outlined in its operating documents. The operator may update or revise its operating documents. It is the operator's responsibility to track such revisions and present updated and revised documents to the Administrator or any law enforcement official upon request. The operator must also present updated and revised documents if it petitions for extension or amendment to this grant ofexemption. Ifthe operator determines that any update or revision would affect the basis upon which the FAA granted this exemption, then the operatormustpetition for an amendment to its grant ofexemption. The FAA's UAS Integration Office

**(AFS~80)** 

### may be contacted ifquestions arise regarding updates orrevisions to the operating documents. 8. Any UAS that has undergone maintenance or alterations that affect the UAS operation or flight characteristics, e.g. replacement of a flight critical component, must undergo a functional test flight prior to conducting further operations under this exemption. Functional test flights may only be conducted by a PIC with a VO and must remain at least 500 feet from other people. The functional test flight must be conducted in such a manner so as to not pose an undue hazard to persons and property. 9. The operator is responsible for maintaining and inspecting the UAS to ensure that it is in a condition for safe operation. 10. Prior to each flight, the PIC must conduct a

**pre~**

### flight inspection and determine the UAS is in a condition for safe flight. The pre-flight inspection must account for all potential discrepancies, e.g. inoperable components, items, or equipment. If

### the inspection reveals a condition that affects the safe operation ofthe UAS, the aircraft is prohibited from operating lllltil the necessary maintenance has been performed and the UAS is found to be in a condition for safe flight.11. The operator must follow the UAS manufacturer's maintenance, overhaul, replacement, inspection, and life limit requirements for the aircraft and aircraft components. 12. Each UAS operated under this exemption must comply with all manufacturer safety bulletins. 13. Under this grant ofexemption, a PIC musthold either an airline transport, commercial, private, recreational, or sport pilot certificate. The PIC must also hold a current FAA airman medical certificate or a valid U.S. driver's license issued by a state, the District of Colombia, Puerto Rico, a territory, a possession, orthe Federal government. The PIC must also meet the flight review requirements specified in 14 CFR § 61.56 in an aircraft in whichthe PIC is rated onhis orherpilot certificate. 14. The operator may not pennit any PIC to operate unless the PIC demonstrates the ability to safely operate the UAS in a manner consistent with how the UAS will be operated under this exemption, including evasive and emergency maneuvers and maintaining appropriate distances from persons, vessels, vehicles and structures. PIC qualification flight hours and currency must be logged in a manner consistent with 14 

### CFR § 

### 61.5l(b). Flights for the purposes of training the operator's P!Cs and VOs (training, proficiency, and experience-building) and determining the PIC's ability to safely operate the UAS in a manner consistent with how the UAS will be operated under this exemption are permitted under the terms ofthis exemption. However, training operations may only be conducted during dedicated training sessions. During training, proficiency, and experience-building flights, all persons not essential for flight operations are considered nonparticipants, and the PIC must operate the UA with appropriate distance from nonparticipants in accordance with 14 CFR § 91.119. 15. UAS operations may not be conducted during night, as defined in 14 CFR § 1.1. All operations must be conducted under visual meteorological conditions (VMC). Flights under special visual flight rules (SVFR) are not authorized. 16. The UA may not operate within 5 nautical miles ofan airportreferencepoint (ARP) as denoted in the current FAA Airport/Facility Directory (AFD) or for airports not denoted with an ARP, the center ofthe airport symbol as denoted on the current FAA- published aeronautical chart, unless a letter ofagreement with that airport's management is obtained or otherwise permitted by a COA issued to the exemption holder. The letter ofagreement with the airport management must be made available to the Administrator or any law enforcement official uponrequest. 17. The UA may not be operated less than 500 feet below or less than 2,000 feet horizontally from a cloud orwhen visibility is less than 3 statutemiles from the PIC. 18. Ifthe UAS loses communications or loses its GPS signal, the UA must return to a predetermined location within the private or controlled-access property. 19. The PIC must abort the flight inthe event ofunpredicted obstacles or emergencies. 20. The PIC is prohibited from beginning a flight unless (considering wind and forecast weather conditions) there is enough available power for the UA to conduct the intended operation and to operate after that for at least five minutes or with the reserve power recommended bythe manufacturer ifgreater.

### 21. Air Traffic Organization (ATO) Certificate ofWaiver or Authorization (COA). All operations shall be conducted in 

### accordance with an ATO-issued COA. The exemption holder may apply for a new or amended COA if

### it intends to conduct operations that cannotbe conducted under the terms ofthe attached COA. 22. All aircraft operated in accordance with this exemption must be identified by serial number, registered in accordance with 14 CFR part 47, and have identification (N

### Number) markings in accordance with 14 CFR part 45, Subpart C. Markings must be as large as practicable. 23. Documents used by the operatorto ensure the safe operation and flight ofthe UAS and any documents required under 14 CFR §§ 

### 91.9 and 91.203 must be available to the PIC at the Ground Control Station of the UAS any time the aircraft is operating. These documents must be made available to the Administrator or any law enforcement official upon request. 24. The UA must remain clear and give way to all manned aviation operations and activities at all times. 25. The UAS may not be operated by the PIC from any moving device or vehicle. 26. All Flight operations must be conducted at least 500 feet from all nonparticipating persons, vessels, vehicles, and structures unless: a. Barriers or structures are present that sufficiently protect nonparticipating persons from the UA and/or debris in the event ofan accident The operator must ensure that nonparticipating persons remain under such protection. If a situation arises where nonparticipating persons leave such protection and are within 500 feet ofthe UA, flight operations must cease immediately in a manner ensuring the safety of nonparticipating persons; and b. The o'Wllerlcontroller of any vessels, vehicles or structures has granted permission for operating closer to those objects and the PIC has made a safety assessment ofthe risk ofoperating closer to those objects and determined that it does not present an lllldue hazard. The PIC, VO, operator trainees or essential persons are not considered nonparticipating persons under this exemption. 27. All operations shall be conducted over private or controlled-access property with permission from the property O\iV!ler/controller or authorized representative. Permission from property owner/controller or authorized representative will be obtained for each flight to be conducted. 28. Any incident, accident, or flight operation that transgresses the lateral or vertical boundaries ofthe operational area as defined by the applicable COA must be reported to the FAA's UAS Integration Office

**(AFS~SO)** 

### within 24 hours. Accidents must be reported to the National Transportation Safety Board (NTSB) per instructions contained on the NTSB Web site: www.ntsb.gov.

c. Additional Safety 

### The AgEagle 2015 AgEagle provides two

**semi~autonomous** 

### flight modes using a

**point-and~click**

### map and video interface. The user clicks on a map to direct the 2015 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 grid based area. Additional navigation aids including landing zones and flight areas may be designated to ensure the 2015 AgEagle operates only within user-specified flight parameters. All flight operations are GPA controlled, making the system easy tonavigate, and the flight control system also employs a variety of sensors including sonar, barometric pressure, temperature, wind speed and others to ensure the high stability and reliability in challenging weather conditions. At all times during flight operations, the operator can in tervene a programmed flight and take immediate control. Using DroneDeploy's software package, additional automated safety functions and safety enhancing features ofthe 2015 AgEagle include the following: • Automated pre-flight systemperformance checks • Userpre-flight checklist • "Hit the deck" mode canbe activated by simply pushing a button on the controller which causesthe aircraft to drop from its cruising altitude to 50 above the ground and circle there to avoid a collision with another aircraft

. • Automated condition or fault detecting, warnings, and pre-defined responses to a number offlight and system conditions o High winds with system and user defmed safetythresholds o Lowbattery with system and user defined safetythresholds o Hightemperature orother system safety thresholds o Lost-link communication • Pre-defined responses include behavior such as attempting to re-establish radio communication, return to home position and hover, return to home position and land, or land incurrentposition. • In

### the case oflost GPS, a manual user flight mode is enabled which allows the operator to provide manual navigat ioninputs to assist in landing the vehicle. 3. CONCLUSION 

### Satisfaction ofthe criteria provided in Section 333 ofthe Reform Act of 20 12

- size, weight, speed, operating capabilities, proximity to airports and popu lated areas, and operation within visual line ofsight and national security- provide more t han adequatejustification for the grant of the requested exemptions allowing commercial operation of applicant's UAS for t he Purposes outlinedherein and are consistent withexemptions already granted. Ag Tech respectfully submits that because this small, unmanned aer ial vehicle- the AgEaglewill be used in 

### lieu ofcomparatively hazardous operations now conducted with fixed wing and rotary conventional aircraft,the FAA canhave confidencethat the operations will achieve at least an equivalent level or greater level ofsafety. Approval ofthis exemption would thereby enhance safety and fulfill the Secretary of Transportation's (the FAA Administrator's) responsibilities under Section 333(c) ofthe Reform Act to "establish requirement for the safe operat ion ofsuch aircraft systems inthe national airspace system."

JonTull, CEO Ag TechEnterprises, Inc.

### ANNEXA: EXEMPTION REQUESTAND EQUIVALENTLEVEL OF SAFETY SHOWINGS UNDERAPPLICABLE RULES SUBJECTTOEXEMPTION Ag Tech requests an exemption from the following regulations as well as any additional regulationsthat maytechnically applytothe operationofthe AgEagle: 14 C.F.R. Part 21, SubpartH: Ainvorthiness Certificates 

### 14 C.F.R § 9l.203(a)(l) Section 91.203 requires all civil aircraft to have a certificate ofairworthiness. Part 21, Subpart H, 

### entitled Airworthiness Certificates, establishes the procedural requirements for the issuance of airworthiness certificates as required by 

### FAR§ 91.203(a). Ag Tech asks for consideration of these exemptions in the context ofthe 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 ofprivate property. Given the small size and weight ofthe 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 & 

### 14 C.F.R. 

### § 45.29: Display ofmarks; size ofmarks These regulations provide that each aircraft must display "N" and the aircraft's registration number in letters at least 3 inches high. Additionally, the aircraft must display the word "EXPERIMENTAL" in letters at least 2 inches high near the entrance to the cabin, cockpit, or pilot station. The relative 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 ifthe certificate was indeed required. Ag Tech 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, Ag Tech 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, Ag Tech 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. § 61.3: Requirements for certificates, ratings and authorizations 

### 14 C.F.R. 

### § 6l.113(a) & 

### (b); 6l.133(a): PrivatePilot Privileges andLimitations; Pilotin Command; Commercial Pilot Privileges and Limitations 

### The regulation provides that no person may serve as a required pilot flight crewmember ofa civil aircraft ofthe United States, unless thatperson: (1) Has a pilot certificate or special purpose pilot authorization issued under this part in 

### thatperson's physical possession or readily accessible in the aircraft when exercising the privileges of that pilot certificate or authorization. However, when the aircraft is operated within a foreign country, a pilotlicense issued bythat country may be used. The regulationprovides also that no person thatholds a private pilot certificate mayact as pilot in command ofan aircraft for compensation orhire. Subparagraph (b) allows a privatepilotto act as pilot in command ofan aircraft inconnectionwith any business oremploymentif: (1) The flight is only incidental to thatbusiness oremployment; (2) The aircraft does notcarrypassengers orpropertyfor compensationorhire. Section 61.113(a) & (b) limits private pilots to non-commercial 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 ofothers onboard. 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. Ag Tech respectfully proposes that operator requirements should take into account the characteristics ofthe particular sUAS. The AgEagle has a high degree of preprogrammed control and various built-in technical capabilities throughthe DroneDeploy solution that strictly limit the potential for operation outside ofthe operating conditions setforth in the exemption application. The AgEagle operates by way ofan all-digital softwareplatformpowered by DroneDeploywith advanced features previously available onlyto larger andmore complex unmanned aircraft. Automated features and advanced fail safe controls enable safe, reliable operation, as well as advanced networking capabilities and system extensibility. As such, nearly all operations in the context ofwhatis traditionally handled and/or monitoredbya pilot, eitherprivate or commercial, are handledby the autopilot underthe auspice ofthe DroneDeploy system. Such features include:

• Intelligent fault handling: The system automatically detectspotential issues with configurable automatedresponse behavior such as a "returnhome" and landing routines. • Automatic pre-flight checks: The system self-calibrates all ofits sensors and performs diagnostics priorto takeoffto checkfor errors andno-fly situations. • No-fly zones: The systemhasthe ability to set up no fly zones visually and using • Existing flight charts. • Self-monitoring: Battery levels, GPS fix, radio connection(s), in flight wind speeds, and numerous other system and environmental conditions are continuously monitored, logged, and automaticallyhandled bythe system. 

### Inthe eventofa fault, the aircraft will perform the appropriate pre-defined fatal ornonfatal conditionresponse. • Batterycommunication: Flighttime andbattery minutes are available at all times to the operator. The aircraft will return to the missionpoint oforigin andland automatically if the operational limits are reached. As a matter ofprinciple as well as a matter ofgood business, flight safety is ofutmostpriority. The AgEagle achieves this viathe DroneDeploy system; presentedto the operator in a means that limits the operators' ability to operate outside ofacceptable safetyparameters; regardless of operating environment orproject. The AgEagle offers superior safety over manned aircraftby removing the operator from presence onboard the aircraft and those potentially dangerous situations subsequently associatedtherein.Giventhe aforementioned operational and safety features, Ag Tech proposes that operators ofthe AgEagle should notbe required to hold a commercial orprivate pilot certification. The risks associated withthe operation ofthe AgEagle (given its size, speed, operational capabilities, and lack ofcombustible fuel) are so diminished from the level ofrisk associated withprivatepilot operations orcommercial operations contemplated by Part 61 with conventional aircraft (fixed wing or rotorcraft), that allowing operations ofthe sUAS as setforth above meets or exceeds the present level ofsafetyprovidedunder 14 C.F.R. 61.113(a) & (b) and does notrise to the level of requiring a commercial pilot to operate the aircraft under 61.133(a). 14 C.F.R. § 91.7(a): Civil aircraft airworthiness This regulation requires that no person may operate a civil aircraft unless it is in airworthy condition. Should the exemption be granted allowing commercial operation ofthe 2015 AgEagle without an airworthiness certificate, no standard will exist for airworthiness ofthe 2015 AgEagle. Given the size of the aircraft and the previous COAs issued for AgEagle's 2015 AgEagle, an equivalent level of safety will be achieved by ensuring compliance with the AgEagle manuals priorto each flight. 14 C.F.R. 

### § 91.9: Civil aircraft flight manual, marking, and placard requirements. This regulationprovides that no personmayoperate an aircraft unless a current, approvedflight manual is inthe aircraft. Ag Tech assumes thatthe intent ofthis requirement is to ensure that flight manual information is available to the aircrew while operating the aircraft. Ag Tech requests an exemptionto this requirement sincethe aircraft is not only too smallto carry documentation, the documentation wouldnot be availableto the crew. The equivalent level ofsafety will be achieved bykeeping a hard copy ofthe flight manual in the AgEagle transportationbox. 

### 14 C.F.R. 

### § 91.109(a) & 

### 91.319(a): FlightInstruction Theregulationprovidesthat "No person may operate a civil aircraft that is being used for flight instructionunless that aircraft has fully functioning dual controls." The 2015 AgEagle is a remotely piloted aircraft and by design does nothave fully functional dual controls. Flight control is accomplishedthroughthe use ofa controlbox thatcommunicatedwith the aircraft via radio communications. The flight plan is eithermanually controlledthrough pointand-clicktouchscreen navigation orpre-programmed as waypoints or anAutoGridinto the auto pilotbefore orduring flight and only inunusual circumstances will thepilotinput control functions to alter the pre-programmed flight. Ifinstruction is accomplishedthrough a training program, an equivalentlevel ofsafety will be assured. The FAAhas approved exemptions for flight training withoutfully functional dual controls for a number ofaircraft and for flight instructionin experimental aircraft The equivalentlevel ofsafety will be achievedbythe manufacturerproviding the training and through the use ofexperienced and qualifiedpilots familiar withthe 2015 AgEagle. 

### 14 C.F.R. 

### § 91.119: Minimum Safe AltitudesThe regulation provides that over sparsely populated areas the aircraft cannot be operated closer than 500 feet to any person, vessel, vehicle, or structure. Since the aircraft will be operating at a maximum of400 feet AGL, the AgEagle cannot complywiththis requirement. The equivalent level of safety will be achieved because the AgEagle will only fly over private property with the permission ofthe landowner. The operator will define before every flight a working arearadius and a flight areaceiling, preventingthe AgEagle to go beyond the flight area. The landowner and the persons who may be onthe ground in the flight areawill be briefed ofthe expected route offlight and the associated risks to persons and property onthe ground. Due to the small size ofthe AgEagle and the material with which the AgEagle is built, the hazard to persons, vessels, vehicles, and structures is not comparable to manned aircraft and should be considered in grantingthe exemption. Moreover, the aircraft will not be operated over congested areas nor over any open-air assembly of persons. The aircraft will be operated at an altitude allowing, if a power unit fails, an emergency landing without undue hazard to persons orproperty onthe surface. 14 C.F.R. 91.121- Altimeter settings This sectionrequires that eachperson operating an aircraft shall maintainthe cruising altitude or flight level ofthe aircraft, as the case maybe, by reference to an altimeterthat is set, when operating below 18,000 feet MSLto:

• The cwTent reported altimeter setting ofa station alongthe route and -within 100 nautical miles ofthe aircraft; • Ifthere is no station within the area prescribed inparagraph (a)(l)(i) ofthis section, the currentreported altimeter setting ofan appropriate available station; • In the case ofan aircraft not equipped with a radio, the elevation ofthe departure airport or an appropriate altimeter setting available before departure. To provide an equivalentlevel ofsafety, the AgEagle autopilot calculates the reference altitude (ground level) with the on-board GPS during the preflighttests. The GPS and barometerdata are merged withrespectto theirrespective precisions. The GPS provides reliable information to correctpotential barometric bias, while rapid variations in altitude are detected throughthe barometer. Hence, barometric bias inducedbyenvironmental factors is rejected. 14 C.F.R. 

### § 91.151(a): Fuel Requirements for Flightin VFR Conditions The regulation provides that no person may begin a flight 

### in an airplane under day-VFR conditions unless there is enough fuel to fly to the first point ofintended landing and to fly after that for at least 30 minutes. The 2015 AgEagle batteries provide approximately 40 minutes ofpowered flight. Without an exemption from 14 C.P.R. § 91.151, the sUAS's flights would be limited to approximately 20 minutes in length. Given the limitations on its proposed operations and the location for those proposed operations, a longer time from for flight indaylight VFR conditions isreasonable. Ag Tech believes that an equivalent level ofsafety can be achieved by maintaining 10 minutes of reserve fuel, which, allowing 30 minutes offlight time, wouldbe more than adequate to return the sUAS to its plannedlanding zone from anywhere in its operating area.

### 14 C.F.R. 

### § 91.203 (a) & 

### (b): CarryingCivilAircraft Certification and Registration This regulationprovides as follows: • No person mayoperate a civil aircraftunless ithas an appropriate and current airworthiness certificate. • No person may operate a civil aircraftunless the airworthiness certificate required 

### by paragraph (a) ofthis section or a special flight authorization issued under §91.715 is displayed atthe cabin or cockpitentrance so that it is legibleto passengers or crew. The fully-loaded AgEagle weighs only 7.5 pounds. As such, there is no ability or placeto carry certification and registration documents orto display them onthe UAS. 

### In addition, there isno pilot and there are nopassengers onboardthe aircraft. To obtain an equivalent level ofsafety and meetthe intentof§ 91.2036, Ag Tech proposes that 

### documents deemed appropriate for this aircraft by the FAAwill be co-located with 

### the operator at the ground control station in the AgEagle box and available for inspection upon request. 14 C.F.R. SubpartE (91.401- 91.417)- Maintenance, Preventive Maintenance, and Alterations 

### The regulation provides that the operator is primarily responsible for maintaining the aircraft in an airworthy condition, including compliance with Parts 39 and 43. Paragraphs 91.407 and 91.409 require that the aircraft be "approved for return to service by a person authorized under 43.7" after maintenance and inspection. Section 91.409(a)(2) requires an annual inspection for the issuance ofan airworthiness certificate. Section 91.417(a) requires the owner or operator to keep records showing certain maintenance work that has been accomplished by certificated mechanics, under Part 43, orlicensed pilots and records ofapproval ofthe aircraft for return to 

### service. Ag Tech proposes that the maintenance of the AgEagle will be accomplished by the owner/operator according to the maintenance manual, providedby AgEagle. An 

### equivalent level of safety will be achieved because the AgEagle is small in size and it will operate only in restricted predetennined areas. Moreover, the operator is the person most familiar with the aircraft and is best suited to maintain the aircraft in an airworthy condition and to ensure an equivalent level of safety. Finally, before every flight, the AgEagle runs automatically a sequence of pre-flight tests to make sure that every sensor and every critical part is running properly.ANNEX B: SMALL UNMANNED AERIAL SYSTEMDESCRIPTION The 2015 AgEagle can carry payloads ofup to 2.5 poWlds. The 2015 AgEagle flies at a maximum wind threshold of43mph for sustained winds and wind gusts up to 55mph. What is unique about the AgEagle 2015 AgEagle is the system automatically compensates for wind versus relying onthe operator's "sense offeel" for whatthe impact ofthe wind is at the altitude the system is flying. The end result is a system capable ofgathering high quality aerial intelligence atmuchhigher wind thresholds- a traitthat is imperative for many aerial inspection operations. The 2015 AgEagle has an operational range ofup to 20 Statute miles (17.38 Nautical Miles). All flight operations are GPS controlled making the system extremely easy to navigate. At any point ifthe operatoris notexplicitly commandingthe systemto move, the system automatically holds its GPS position (i.e. GPS hold for reliable locationhover). Camerapositioning is also GPS controlled allowing for themost sophisticated cameratargeting available. The flight control system employs not only GPS positioning buta variety ofsensors including sonar, barometric pressure, temperature, wind speed and others to ensure the most stability ofany system in its class -regardless ofthe wind. Powered by DroneDeploy, the 2015 AgEagle can be operated in both semi and fully autonomous flight modes. Creating preplanned flight paths to fly in autonomous mode is as simple as clicking onthe map to create a preplanned flight path. In semi-autonomous mode, the operator clicks on the map andthe AgEagle 2015 AgEagle automatically flies to the point onthe map where the operator is pointing. Pre-missionwaypoints, landing zone points and flight area dimensions can all be entered during preflight ensuring the 2015 AgEagle operates only within specified parameters. The 2015 AgEagle includes many advanced safety features thatmakes the 2015 AgEagle the safest choice for both urban and non-urban environments. Built-in intelligent fault handling allows the 2015 AgEagle to detect a system fault while in the air, and to automatically fly back to its take-offlocation and land. Faults that can be detected include: loss ofcommunication; pre-set wind thresholds exceeded; and lowbattery levels. In addition, the operator cancreate no fly zones or maximum flight ranges and altitude so the system cannot enter areas deemed unsafe orunnecessary to fly over. And before every take-offautomated flight checks ensure the system is flight readybefore ittakes off. The 2015 AgEagle can be operated entirelyby a touch-screen, map-based interface. This means the operator only needsto command the system where to go, and the system does all the flying for the operator. Maps can be saved and flight plans canbe made orrecalled.

a. Physical Characteristics ofthe AgEagle

• Dimensions: o 56 inch wingspan o 26 inch length o 6.5 inch height • Weight (withoutpayload, includingbatteries): 7 pounds• Weight with sensorpayload (takeoffweight): 7.5 pounds • Fuel: NotApplicable • Propulsion System o Engine: One electric brushless DC motor. o Power: Self-contained, high duration Lithium Polymer ("LiPo") batteries monitored by the onboard autopilot via real-time data feeds to ensure maximum flight duration and sub system safetyprocesses. o Charging: Battery charger included with the system monitors and balances current loads. Canbeperformedvia standard wall outlet (AC), orusing DC power. • Landing: "Belly landing" utilizing a polycarbonateprotective "skid" plate. b. Performance Characteristics ofthe AgEagle

• Maximum Altitude: 400 ftAGL • Maximum Endurance: 40 minutes • Maximum Range: Visual Line OfSight ("VLOS") • WeatherMinimums: NotApPlicable • Winds Maximum: 40 mph (sustained) • Minimum ceiling: VLOS • Minimum visibility: VLOS • Icing conditions: None (No-fly) • Precipitation: None (No-fly)

c. Maintenance The AgEagle performs automatic pre-flight checks utilizing the DroneDeploy system. The failure of any preflight check will prevent take off. 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 ofthe AgEaglepriorto each flight. Thepre-flight checklistincludes (but is certainly not limitedto):

• Visual inspection ofthe airframe, servos, and control surfaces • Visual inspection ofmotor mount and propellerintegrity • Check charge ofall batteries (aerial vehicle, command station, radio repeater station) Besides the tasks associated directly with the aforementioned preflight checks, the AgEagle is nearly maintenance free. d. 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 instantaneouslyto the operator. Contact with other objects sometimes during takeoff, but usually during landing may cause senros, pushrods, orcontrolling surfaces to become damaged. Damaged components are likely to be detected during the full visual inspection ofthe airframe performed before each flight.Likewise, structural damage affecting flight characteristics will be detected not onlyvisually, but by on board sensors via the DroneDeploy system as well.