U.S. Department of Transportation February 29, 2016 Docket Management System 1200 New Jersey Avenue, SE

Room W12

- 140, West Building Ground Floor Washington, DC 20590

- 0001

Re: Beck’s Superior Hybrids, Inc.’s Exemption Request Under Section 333 of the
FAA Reform Act and Part 11 of the Federal Aviation Regulations

Dear Sir or Madam:

Pursuant to Section 333 of the FAA Modernization and Reform Act of 2012 (the “ Reform Act ” ) and 14 C.F.R. Part 11, Beck’s Superior Hybrids, Inc. ( “ Beck’s ” ) seeks a Section 333 exemption
from F ederal Aviation Regulations ( “ FARs ” ) detailed below for the DJI Phantom 3 Pro , the eBee Sensefly, and AgEagle RAPID (the “ UASs ” ) so as to operate the UASs commercially in the United States of America. These commercial operations would be conducted within the outlined flight operations a nd conditions described below and those that may be established by the Federal Aviation Administration ( “ FAA ” ) in the grant ing of this Petition for Exemption.

I. Background.

Purpose : With the approval of this exemption, Beck’s will be allowed to commercially operate
their UASs within the United States of America. Beck’s wi ll be operating their UASs for the purposes of precision a griculture, crop scouting, land i nspection, agricultural mapping, agricultural data collection

, and in support of federal crop management programs

. Use of the

UASs for these purposes reduces the need to operate conventional aircraft, providing data

more quickly, accurately, economically, safely, and with reduced environmental impact. Details of these crafts, their manuals, safety parameters, o perational checklists and more will be explained below.

COA: Beck’s acknowledges that under current FAA guidance a separate Certificate of Waiver or Authorization ( “ COA ” ) is required to fly at alt itudes in excess of 200 feet above ground level ( “ AGL ” ) . Beck’s will apply for COAs where required. Beck’s hereby requests a bl anket COA for flights up to 200 feet AGL in the form approved by the FAA. Beck’s will file Notices to Airmen ( “ NOTAM ” ) for its flights when required.

Craft Details. The requested exemption would allow Beck’s to use three UAS models : DJI Phantom 3 Professional, eBee SenseFly, and AgEagle RAPID

.

Each UAS weighs less than 55 lbs. fully loaded, will be operated at a speed of no more than 30 knots, carries neit her a pilot nor passenger, carries no explosive materials or flammable liqui ds,
and operate s exclusively within an approved COA airspace. All UASs use a radio frequency spectrum for operation and control that complies with Federal Communications Commission2 ( “ FCC ” ) requirements and has integrated safety features as described within user manuals for
each particular UAS

.

The DJI Phantom 3 Professional weighs 1280 grams including battery and propellers. Its diagonal size is 590 millimeters including propellers. It is capable of 16 meters per second. It

uses a 6000 mAh LiPo 2S battery. See Exhibit A for more details on the DJI Phantom. Additionally, please consider the FAA’s previous review of materials and exemptions granted
for the DJI Phantom in Exemption Nos. 11 587/11587A and 14486. The eBee weighs approximately 0.69 kg (1.52 pounds). Its wingspan is 96 centimeters (38 inches). It is made of EPP foam, carbon structure, and composite parts. The battery is a 11.1 V, 2150 mAH. Maximum flight time is 50 minutes. Nominal cruise speed is 40

- 90 kilom eters per hour (11

- 25 meters per second or 25 to 26 miles per hour). See Exhibit B for more details on the eBee

. Additionally, please consider the FAA’s previous review of materials and exemptions granted for the eBee in Exemption Nos. 11745, 11754, 11764, 11673

. The Ag Eagle RAPID weighs 7.5 lbs. with imaging payload, has a 56

- inch wingspan, is 6.5 inches long, and is battery

- fueled. The AgEagle uses DroneDeploy software which produces high quality imagery and data that can be used independently

- or in th e case of surveying and thermal modelling, can be combined to produce precision charts, contour maps and determine the health of a crop. See Exhibit C for more details on the Ag Eagle. Additionally, please consider the FAA’s previous review of materials an d exemption s granted for the AgEagle in Exemption No s . 11480

, 11567, and 11504

.

The UASs are equipped with redundant safety mechanisms allowing them to operate safely after experiencing certain

- flight failures . If a lost

- link event occurs, including the loss of ground communications and/or t he loss of a GPS signal, the UASs have the ability to perform a pre

coordinated, predictable, automated flight maneuver and return to a predetermined location within a designated security parameter for landing. The UAS s further have the ability to abort a flight in the event of unpredicted obstacles or emergencies.

The UASs that will be operated by Beck’s will be registered in accordance with 49 U.S.C. 44103, Registration of Aircraft, as well as 14 C.F.R Part 47, Aircraft Registration, and marked in
accordance with 14 C.F.R. Part 45, Identification and Registration Markings , as explained below

.

Operations: The UASs will be operated in the field with a Pilot in Command ( “ PIC ” ) and a ground

- based Visual Observer ( “ VO ” ) in accordance with FAA Order 8900.1, vol. 16 “ Unmanned
Aircraft Systems ” with the following additional restrictions:

- All operations will be conducted in accordance with the COA.

- All operations will remain clear of manned aviation operations and activ ities at all times.

- All operations will occur at altit udes no more than 400 feet AGL

.

- Any o perations over private property will be operated only with the permission of the
land owner

.

- The UASs will not be operated by a PIC from any moving device.

- Operations will be limited to day, visual meteorological conditions

.

- The UASs will remain within Visual Line of Sight (“VSOL”) of the PIC and VO at all times.3 - While the aircraft is airborne, the VO will be positioned within voice distance to the PIC

.

The PIC and VO will meet the requirements outlined in FAA Order 8900.1, volume 16, chapter 4. The PIC will hold at least a recreational or sport pilot certificate. Additionally, the PIC will perform maintenance on the system and will complete a course of maint enance instruction as part of their initial training. Due to the simplicity of the system, we do not anticipate the need for a supplemental pilot.

In light of the UASs ’ light weight and historically demonstrated flight performan ce, in
combination with strict operation under the guidelines established in 8900.1, the FAA can have
confidence that Beck’s operation will have an equivalent or greater level of safety of manned aircraft performing the same mission. Qualified Beck’s personnel will perform prefli ght inspections, required maintenance and repair to e nsure the UAS is in a condition for safe flight.
The UASs will be operated in compliance with and under the instructions provided in the users ’ manuals attached to this Petition as Exhibits A, B, and C.

The FAA h as found that safety factors permitted operation of UASs in the case of operations pursuant to public COAs when the mandatory operating conditions s pecifi ed above were present. See Federal Aviation Administration, Notice N

- 8900.227, Unmanned A irc raft Systems (UAS) Operational Approval, at 20

- 2 1 (July 30, 2013). The FAA has the statutory authority to grant exemptions to the requirements for and privileges associated with the grant of airme n’s certificates. 49 USC §44701 (f).

Public Interest Summary : Granting an exemption to Beck’s would permit the above specified operation of UASs in the NAS with limited, tightly controlled, predetermined flight plans away from the general public, airports, heliports, motorways or any restricted airspace. Granting a request for Beck’s complies with the Secretary of Transportation’s (FAA Administrator’s) instructions to integrate UASs into the national airspace system (“NAS”) , as well as to

“ ...establish requirements for the safe operation of such aircraft systems in the national airspace system ” under Section 333(c) of the Reform Act . Beck’s will ensure enhanced public safety by conducting operations in compliance with the specific safety protocols and regulations established by the FAA. Additi onally, seamlessly inte grating UASs into the NAS will increase community awareness of the benefits of UASs

. Increased awareness and education wil l reveal the positive role the UAS industry can play in local communities while increasing safety.

Approval of the exemption allowing commercial operations of the UASs for surveying, mapping,
and inspection operations will enhance safety by reducing risk. Conventional aerial survey and inspection operations using manned aircraft involve heavy aerial vehicles carrying significant quantit ies of combustible fuels, and a multi

- person crew in piloting and observation roles. These operations require transit to and from the location of the activity, and often take place in congested environments and include close proximity to physical obstacles and/or presence of the general public. By contrast, the UASs weigh less than 10 pounds, including payloads and use a battery for power, are transported or carried to/from the area of activity, remove the need for airborne pilots/observers, and pose l ess risk to people and infrastructure on the ground.4 Additionally, no national security issue is raised by the grant of the requested exemptions. Given the size, load carrying capacity, speed at which it operates, and the fact that it carries no explos ives or other dangerous materials, the UASs pose n o threat to national security. The operation of the UASs for surveying, mapping

, and inspection operations in accordance with
the strict conditions outlined in this application will provide an equivalent le vel of safety supporting the grant of the exemptions requested herein

.

PIC: The UASs will be operated by a Pilot in Charge ( “ PIC ” ) holding either an airline transport, commercial, private, recreational, or sport pilot certificate. The PIC will also hold a current FAA airman medical certificate or a valid U.S. driver’s license issued by a state, the District of Columbia, Puerto Rico, a territory, a possession, or the Federal government. The PIC will meet the flight review re quirements specified in 14 CFR 61.56 in an aircraft in which the PIC is rated on his or her pilot certificate

. The PIC will demonstrate, by meeting minimum flight

- hour and currency requirements, that the PIC is able to safely operate the UASs in a manner consistent with this exemption, including evasive and emergency maneuvers and maintaining appropriate distances from people, vessels, vehicles

, and structures.

II. Name and Contact Information of Applicant :

Beck’s Superior Hybrids, Inc.

Attn.: Jim Love
6767 E. 276th Street Atlanta, IN 46031
Email: jlove@beckshybrids.com
Phone: 317. 694.2749

III. Regulations fro m which Exemption is Requested:

P ursuant to the FAR and the Reform Act Section 333 (Special Rules for Certain Unmanned Aircraft Systems) , Beck’s petitions the Administrator for exemption from the requirements of 14 CFR p art 21, 14 CFR part 27, 14 CFR §§ 43.7, 45.23, 45.25, 45.27, 45.29, 61.113, 61.315, 91.7, 91.9, 91.103, 91.105, 91.109, 91.119, 91.121, 91.151, 91.203, 91.215, and 14 CFR § § 91.401

– 91.417. See Exhibit D for a summary of the FARs from which Becks seeks exemption.

IV. The Extent of Rel ief Beck’s Seeks and the Reason :

This exemption application is submitted on behalf of Beck’s in accordance with the Reform Act,
112 P.L. 95 §§ 331

- 334, seeking relief from any currently applicable FARs operating to prevent
Beck’s predetermined agricultural data collection and other flight operations within the NAS. The Reform Act provides for such integration of civil unmanned aircraft systems into our NAS as it is in the public’s interest to do so. Beck’s will be operating lightweight UASs that meet the
definition of “ small unmanned aircraft ” as defined in Section 331 and, the refore the integration
of such UASs are exp ressly contemplated by the Reform Act.5 This exemption application is submitted to fulfill Congress’ goal in passing Section 333 (a) through (c) of the Reform Act. This law directs the Secretary of Transportation to consider
whether certain unmanned aircra ft systems may operate safely in the NAS before completion of the rule making required under Section 332 of the Reform Act. In making this determination, the Secretary is required to determine which type of UASs do not create a hazard to users of
the NAS o r the public or pose a threat to national security. If the Secretary determines that such
vehicles “ may operate safely in the national airspace system, the Secretary shall establish requirements for the safe operation of such aircraft in the national airsp ace system. ” Id. § 333 (c) (emphasis added). The Federal Aviation Act expressly grants the FAA the authority to issue exemptions. This statutory authority by its terms includes exempting civil aircraft, as the term is defined under §4 0101 of the Act, that includes UASs , from the requirement that all civil aircraft must have a current airworthiness certificate. The Administrator may grant an exemption from

a requirement of a regulation prescribed under subsection (a) or (b) of this section or any

sections 44 702

- 44716 of this title if the Administrator finds the exemption in t he public
interest. 49 USC §44701 (f) See also 49 USC § 44711 (a); 49 U SC § 44704; 14 CFR §91.203(a) (1).

14 CFR pt. 21, Subpart H: Airworthiness Certificates

. 14 C FR §91.203 (a) (1) Subpart H, entitled Airworthiness Certificates, establishes the procedural requirements for the issuance of
airworthiness certificates as required by §91.203 (a) (1). Given the size and limited operating
area associated with the aircraft to be utilized by Beck’s , an e xemption from Part 21 Subpart H meets the requirements of an equivalent level of safety under Part 11 and Section 333 of the
Reform Act. The Federal Aviation Act (49 USC §44701 (f)) and Section 333 of the Reform Act both authorize the FAA to exempt aircraft from the r equirement for an airworthiness certificate

upon consideration of the size, weight, speed, operational capability, and proximity to airports and populated areas of the particular UASs

. In all cases, an analysis of these criteria
demonstrates tha t the UASs operated without an airworthiness certificate, in the restricted environment and under the conditions proposed will be at least as safe, or safer, than a conventional aircraft (fixed wing or rotorcraft) operating with an airworthiness certificate
without the restrictions and conditions proposed. The UASs to be operated hereunder are 55
lb s. or less fully loaded, carry neither a pilot nor passenger, carry no explosive materials or flammable liquid fuels, and operate exclusively within a secured area. These safety
enhancements provide a greater degree of safety to the public and property owners than conventional operations conducted with airworthiness ce rtificates issued under 14 CFR Part 21, Subpart H. Lastly, application of these same cr iteria demonstrates that there is no credible threat to national security posed by the UASs due to their size, speed of operation, location of operation, lack of explosive materials or flammable liquid fuels, and inability to carry a
substantial external l oad.

14 CFR 27: Airworthiness Standards

- Normal Category Rotorcraft . This part creates the procedural requirements for airworthiness certification of Normal Category Rotorcraft. Beck’s seeks exemption from 14 C FR 27 for the same reasons stated in the re quest for exemption from

14 C FR 21(h).6 14 C FR 43.7: Authorized Maintena nce/Repair/Alteration Personnel. This section regulates personnel authorized to approve aircraft, airframes, aircraft engines, propellers, appliances, or component parts for return to service after maintenance, preventive maintenance, rebuilding,
or alteration. T he FAA has found in favor of previous E xemption No. 11208 pertaining to this
rule. The regulation would create a burden as Beck’s would have to find a regularly authorized conventional mechanic or otherwise licensed personnel to sign off on an unconventional flight
craft’s maintenance. Addition ally, it is likely that the PIC would be more kn owledgeable regarding the UASs than a regular mechanic. Due to the relative ease of replacing parts on a

UAS

, it is not necessary for a certified or authorized individual to sign off on the repair. Instead,

t he repair can easily be done by authorized personnel as long as the user’s or manufacturer’s
manual is followed . For these reasons Beck’s should be exempt from 14 C FR 43.7.

14 C FR 45.23(b): Marking of the Aircraft

. The regulation requires that w hen marks include only
the Roman capital letter “ N ” and the registration number is displayed on limited, restricted or light

- sport category aircraft or experimental or provisionally certificated aircraft, the operator must also display on that aircraft near each entrance to the cabin, cockpit, or pilot station, in letters not less than 2 inches nor more than 6 inches high, the words “ limited ”

, “ restricted ”

,

“ light

- sport ”

, “ experimental ” , or “ provisional ” , as applicable. Even though the UASs will have no
airworthin ess certificate, an exemption may be needed as the UASs will have no entrance to the cabin, cockpit or pilot station on which the word “ e xperimental ” could be placed. Given the
size of the UASs , two

- inch lettering would be nearly impossible. The word “ e xpe rimental ” will be placed on the fuselage in compliance with §45.29 (f). The equivalent level of safety will be provided by having the UASs marked on the fuselage as required by §45.29 (f) where the pilot,
observe r, and others working with the UASs will see the identification of the UASs as

“ e xperimental ” . The FAA has issued the following exemptions to this regulation as Exemption

Nos. 10700, 8738, 10167 and 10167A.

14 CFR 45.25: Marking of the Aircraft

– Fixed

- Wing Aircraft. This section requires t he operator
of a fixed

- wing aircraft to display the required marks on either the vertical tail surfaces or the sides of the fuselage, except as provided in §45.29(f). The AgEagle and eBee are fixed

- wing

UAS s . For the same reasons stated in the request for exemption from 14 CFR 45.23, Beck’s believes it should be exempt from 14 CFR 45.25 . As explained above, since Beck’s will mark their UASs with markings as large as practicable, it respectfully asks for exemption from 14 CFR

45.25.

14 C FR 45.27: Marking of the Aircraft

– Rotorcraft

. This section requires the operator of a
rotorcraft to d isplay on that rotorcraft horizontally on both surfaces of the cabin, fuselage, boom, or tail, the marks required by 14 C FR 45.23. The DJI Phantom is a rotorcraft. For the

s ame reasons stated in the request for exemption from 14 C FR 45.23, Beck’s believes it should be exempt from 14 C FR 45.27 . As explained above, since Beck’s will mark their UASs with markings as large as practicable, it respectfully a sks for exemption from 1 4 CFR 45.27.

14 C FR 45.29: Size of Marks. According to this section, the operator of an aircraft must display markings of at least a certain size on the aircraft. For the same reasons stated in the request for7 exemption from 14 CFR 45.23, Beck’s believes it should be exempt from 14 CFR 45.29. It will
mark their UASs with markings as large as practicable . Beck’s respectfu lly asks for exemption
from 14 CFR 45.29.

14 CFR 61.113 : Private Pilot Privileges and Limitations. FAR section 61.113 limits private pilots to noncommercial operations. Because the UASs will not carry a pilot or passengers onboard, the proposed operations can achieve the same or greater level of safety as current operations by ensuring the PIC operatin g the aircraft holds either an airline transport, commercial, private, recreational, or sport pilot certificate. The PIC will also hold a current FAA airman medical certificate or a valid U.S. driver’s license issued by a state, the District of Columbia, P uerto Rico, a territory, a possession, or the Federal government. The PIC will have no less than 2 0 hours of flight time with the specific UAS system Beck’s operates. The experience will be certified by Beck’s. Beck’s will maintain flight logs of all PICs it employs, and will provide full transparency to the FAA regarding the logs and records of the PICs. The PIC will also meet the flight review

re quirements specified in 14 CFR 61.56 in an aircraft in which the PIC is rated on his or her pilot
certificate

. The PIC will demonstrate, by meeting m inimum flight

- hour and currency requirements, that the PIC is able to safely operate the UASs in a manner consistent with this exemption, including evasive and emergency maneuvers and maintaining appropriate distances from people, vessels, vehicles, and structures. The risks associated with the operation of the

UASs are so diminished that allowing operations of the UASs by a PIC meeting the standards of Beck’s (listed above) exceeds the current level of safety achieved by 14 CFR 61.113. Unlike a conventional aircraft that carries a pilot and passengers, the UASs are remotely controlled with no people on board. The area of operation is controlled and restricted, and all flights are planned and coordinated in advance. Addi tionally, the PIC will only operate the UASs if weather conditions permit safe operations. The judgement of “Safe Weather Conditions” will be determined based on several standing classifications developed by the FAA . These include operations being conducte d under the Visual Meteorological Conditions (“VMC”) rules. The
UASs have a high degree of pre

- programmed control and various built

- in technical capabilities through software that strictly limit the potential for operation outside of the operating
conditio ns set forth in the exemption application.

Currently there are no pilot licenses that are specific for UAS operators . Beck’s is hopeful the FAA will develop a pilot’s license program specifically tailored to UAS operations.

14 CFR 61.315(a)(c): Privil eges and Limits of Sport Pilot’s License . This section limits a sport pilot to noncommercial operations. As indicated above, b ecause Beck’s UASs will not carry a pilot or passengers onboard, the proposed operations can achieve the same or greater level of safety as current operations by ensuring the PIC operating the aircraft holds either an airline transport, commercial, private, recreational, or sport pilot certificate. The same reasons for exemption from 14 CFR 113 (private pilot operations) support an exemption from 14 CFR 61.315. As has been highlighted previously, the directive from Congress passed to the FAA via the Reform Act was to integra te commercial UAS operations into the NAS . Furthermore, in numerous previously filed and granted Petitions for Exemption under Section 333, it has been st ated by
the FAA that t he agency now allows operations under these exemptions by people who hold a8 recr eational or sport pilot certificate. This statement, combined with the initiative behind

S ection 333 exemptions shows the FAA has found in favor of the idea that commercial UA S operations can be conducted by people who hold a recreationa l or sport pilot ce rtificate. T his same argument can be made in regard to subpart (3) of 14 C FR 61.315 (a)(c), which states that a Sport

- Certified Pilot may not operate an aircraft in furtherance of a business. B ased on this description, an aerial operation that is “in furthe rance of a business” would be considered a lesser form of commercialization than flights for hire or compensation as these types of flights are incidental to a business as opposed to directly related to the business, which is what a flight for compensation would likely be. Therefore, Beck’s should be exempt from this rule for the

same reasons given regarding 14 C FR 61.315 (a)(c) (1) and (2).

14 CFR 91.7(a): Civil Aircraft Airworthiness

. The regulation requires that no person may operate
a civil aircraft unle ss it is in airworthy condition. As there will be no airworthiness certificate
issued for the se aircraft (Beck’s UASs do not require an airworthiness certificate in accordance with 14 CFR Part 21, Subpart H ) , no FAA regulatory standard will exist for determining
airworthiness. Given the size of the UASs and use of safety check lists prior to each flight, an equivalent level of safety will be provided. Beck’s will ensure that the UASs are in an airworthy
condition prior to every flight, by determining t hat the UASs are in compliance with the operating documents and that the aircraft s are in a condition for safe flight.

1 4 CFR 91.9 (b) (2): Civil Aircraft Flight Manual in the Aircraft . Section 91.9 (b) (2) provides that

n o person may operate a U.S.

- registe red civil aircraft f or which an Airplane or Rotorcraft Flight Manual is not required by section 21.5 of this chapter, unless there is available in the aircraft a current approved airplane or Rotorcraft Flight Manual, approved manual material, markings,
and placards, or any combination thereof. The UASs , given their size and configuration , have no ability or place to carry such a flight manual on the aircraft, not only because there is no pilot on board, but because there is no room or capacity to carry such an item on the aircraft. The equivalent level of safety will be maintained by keeping the flight manual at the ground control point wher e the PIC flying the UASs will have immediate access to it. The FAA has issued the following exemptions to this regulation: Exemption Nos. 8607, 8737, 8738, 9299, 9299A, 9565, 9565B, 10167, 10167A, 10602, 32827, and 10700.

14 CFR 91.103: Preflight action

. This regulation requires each pilot in command to take certain
actions before flight to ensure the safety of fl ight. As FAA

- approved rotorcraft flight manuals will not be provided for the aircraft

, an exemption is needed. The PIC will review the weather, flight battery requirements, landing and takeoff distances

, and aircraft performance data to ensure safe operati ons before initiation of flight.

14 CFR 91.105: Flight Crew Members at Stations . This section regulates the actions of flight
crew members. The UASs do not carry a physical crew. As such, there is no cockpit or other operating area within the vehicle into which a prospective crewme mber would harness
themselves

. Thus

, this section does not apply. Instead, all operations of the UASs are executed from the ground from a designated operating area, in which, each crewmember has an assigned position at which they will stand during the operation. Generally, this standing area9 would be near the ground s tation for the PIC and in a predesignated area determined by the PIC for the VO. Utilizing pre determined standing areas for the PIC and VO will ensure safe operating procedures of the UASs

. T he FAA has found in favor of previous e xemptions which contained a request for exemption from this rule, including Exemption No. 11185.

14 CFR 91.109: Flight instruction

. Section 91.109 provides that no person may operate a civil aircraft (except a hot air balloon) that is being used for flight instruction unless that aircraft has fully functioning dual controls. UASs do not have fully functional dual controls. Flight control is accomplished throug h the use of a control box that co mmunicates with the aircraft via radio
communications. The FAA has approved exemptions for flight training without fully functional
dual controls for a number of aircraft and for flight instruction in experimental aircraft. See Exemption Nos. 5778K & 9862A . The equivalent level of safety is provided by the fact that neither a pilot nor passengers will be carried in the aircraft, and by the reduced size and speed
of the aircraft.

14 CFR 91.119: Minimum safe altitudes

. Section 91.119 establishes safe altitudes for operation
of civil aircraft. Section 91.119 (d) allows helicopters to be operated at less than the minimums

pre scribed, provided the person operating the helicopter complies with any route or altitudes prescribed for helicopters by the FAA. A s this exemption requests authority to operate at altitudes up to 400 feet AGL, an exemption may be needed to allow such operations. As set forth herein, the UASs will never operate at higher than 400 feet AGL. The UASs will be operated in a restricted are a where buildings and people will not be exposed to operations without their pre

- obtained consent. The equivalent level of safety will be achieved given the size, weight, speed of the UASs as well as the location of operations . No flight will be taken
with out the permission of the property owner. Because of the advance notice to the property owner, all affected individuals will be aware of the planned flight operations. Compared to flight operations with aircraft or rotorcraft weighting far more than the ma ximum 55 pounds proposed herein and the lack of flammable fuel, any risk associated with these operations is far less than those presently presented with conventional aircraft operating. In addition, the low

altitude operations of the UASs will ensure sepa ration between these small UAS operations and the operations of conventional aircraft that must comply with Section 91.119.

14 CFR 91.121 : Altimeter Settings . Beck’s seeks an exemption from this regulation since its

UASs will not have a typical barometric altimeter onboard. However, altitude information will be provided to the PIC via GPS equipment and radio communications telemetry data link, which
downlinks from the aircraft for active monitoring of the flight path. This altitude information,
combined with Beck’s operation of the UASs within visual line of sight, at or below 4 00 feet AGL, will ensure a level of safety equivalent to 14 CFR 91.121.

14 CFR 91.151 : Fuel Requirements

. This section regulates the amount of fuel require d in an
aircraft. S afety will not be affected by operation of the UASs during daylight hours in VMC under visual flight rules ( “ VFR ” ), with enough battery power to fly for a t otal duration of approximately 20 minutes to the first point of intended landing and, assuming normal cruising10 speed, to fly after that for at least 5 minutes. A representative sample of other exceptions includes Exemption Nos. 10808, 5745, and 1 1447/11447B

.

14 CFR 91.203: Carrying Civil Aircraft Certification and Registration. This regulation provides in pertinent part: (a) Except as provided in § 91.715, no person may operate a civil aircraft unless
it has within it the following: (1) An appropriate and current airworthiness certificate. (b) No person may operate a civil aircraft un less 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 legi ble to passengers or crew. The UASs fully loaded weigh no

mo re than 55 pounds and are operated without an onboard pilot. As such, there is no ability or place to carry certification and registration documents or to display them on the UASs . An equivalent level of safety will be achieved by keeping these documents a t the ground control point where the pilot flying the UASs will have access to them, to the ex tent they are applicable

. The FAA has issued numerous exemptions to this regulation. A representative sample of other exceptions includes Exemption Nos. 9565, 9665, 9789, 9789A, 9797, 9797A, 9816A, and 10700.

14 C FR 91. 215: ATC Transponder and Altitude Reporting Equipment and Use

. This section regulates the equipment that is required to be on each aircraft. As explained above, a ll flights
will be below 400 feet AGL, operated within VSOL , and have a live, GPS

- based, read

- out of altitude during the flight. Beck’s intends to fly under the Blanket COA for flights below 200 feet

AGL to all Section 333 Exemption holders or under a future Air Traffic Organization (“ ATO ”)

- issued COA that will be applied for after receiving the Section 333 exemption, if needed

. B y following the conditions included in this application, in the FAA

- issued Section 333 exemption,
and the reporting re quirements contained in an ATO

- i ssued COA, Beck’s can provide an equivalent level of safety as is provided by the existing rule and ensure adequate compliance with reporting standards as set forth in the rule.

14 C FR 91.405(a): 407(a)(1); 409(a)(2); 417 (a) & (b): Maintenance Inspections

. In consid eration of the speed, weight, size, and limited operating area associated with the unmanned aircraft and its operation, Beck’s operation of its UASs meets the conditions of Section 333 and therefore will not require an airworthiness certificate in accordan ce with 14 CFR Part 21, Subpart H. Accordingly, Beck’s requests relief from 14 CFR 91.405(a), 91.407(a)(I), 91.409(a)(I) & (a)(2), and 91.417 (a) & (b), as these sections set forth maintenance requirements that only apply to aircraft with an airworthiness certificate. The requested relief is proper since an equivalent or higher level of safety will be ensured. Beck’s will use experienced personnel or technicians to perform maintenance, alterations, or preventive maintenance on the UASs using the methods, te chniques, and practices prescribed in the operating documents submitted with this application. Furthermore, Beck’s will document and maintain all required maintenance
records for the UASs. An equivalent level of safety is also ensured because these small U ASs are limited in size and will carry a small payload and operate only in restricted areas for limited periods of time. If mechanical issues arise the UASs can land immediately and will be operating from no higher than 400 feet AGL

.11 Beck’s has realized the benefits UAS equipment can provide to the agriculture industr y. It provides new data collection capabilities, increased safety, and a smaller environmental footprint. Beck’s desires t he highest levels of safety and professionalism . Commer cial UAS licensing with the FAA is an essential step toward this goal

.

V. Reasons Why Beck’s Exemption Will Not Adversely Affect Safety or How This Exemption Will Provide a Level of Safety at Least Equal to Existing Rule.

Beck’s proposes that the exemption requested in this application appl ies to civil aircraft that
have the characteristics and that operate with the limitations listed in the application . These limitations provide for at least an equivalent or even higher level of safety to operations under the current regulatory structure because the proposed operations are conducted in limited areas with predetermined flight paths under the permission of the property owner or property representative. If granted an exemption, Beck’s agrees to operate its UAS s in compliance with all limitations imposed by the FAA and in accordance with the following limitations:

1. The UASs , fully loaded, will weigh no more than 55 lbs.

2. Flights will be operated within VLOS of the PIC or VO.

3. No commercial flight missions will be executed unless it can be determined that the flight crew can complete their mission from take

- off through landing, with a reserve of 25% battery life.

4. Minimum crew for each operation will consist of the UAS PIC and t he VO.

5. The UAS PIC will hold an FAA airman certificate and will have a minimum of 2 0 hours of flight time with the specific UAS equipment Beck’s operates. The experience of the PIC will be certified by Beck’s. Beck’s will maintain flight logs of its PICs and provide full transparency to the FAA regarding the logs and records of these PICs.

6. PIC and VO will have been trained in the operation of the specific UAS equipment used by Beck’s and received up

- to

- date information on the particular UAS to be operated.

7. The PIC designated for any operation will have at least a Class 2 medical certificate or
valid driver’s l icense.

8. VO and PIC will at all times be able to communicate by voice or radio.

9. P ermission from the relevant property owners over which the UASs are to operate will be obtained prior to operation.

10. All required permissions and permits will be obtained from territorial, state , county or city jurisdictions , including law enforcement, fire departments, municipal agencies, or other appropriate governme ntal bodies.

11. If the UASs lose communication with the PIC or loses its GPS signal, the UASs will have the capability to return to a pre

- determined location and land autonomously.

12. T he UASs will have the capability to abort a flight in case of unpredicted obstacles, weather, or emergencies.

13. The UA Ss will not be operated at a speed exceeding 30 knots . Beck’s will use either groundspeed or calibrated airspeed to determine compliance with the s peed restriction.
In no case will the UA Ss be operated at airspeeds greater than the maximum UA S operating airspeed recommended by the aircraft manufacturer.12 14. Any UAS that undergoes maintenance or alterations that affect the UAS operation or flight characte ristics, e.g., replacement of a flight critical component, will undergo a functional test flight prior to conducting further operations under this exemption. Functional test flights will only be conducted by a PIC with a VO and will remain at least
500 fee t from other people. The functional test flight will be conducted in such a manner so as to not pose an undue hazard to persons and property.

15. Prior to each flight, the PIC will conduct a pre

- flight inspection and determine the UAS is
in a condition for saf e flight. The pre

- flight inspection will account for all potential discrepancies, e.g., inoperable components, items, or equipment. If the inspection reveals a condition that affects the safe operation of the UAS, the aircraft will not
operate until the ne cessary maintenance has been performed and the UAS is found to be in a condition for safe flight.

16. The operator will follow the UAS manufacturer’s maintenance, overhaul, replacement, inspection, and life limit requirements for the aircraft and aircraft comp onents.
17. Each UAS operated under this exemption will comply with all manufacturer safety
bulletins.

18. The PIC will abort the flight in the event of unpredicted obstacles or emergencies.

19. Beck’s will not conduct operations at night. All operations will be condu cted under VMC.

20. Beck’s is aware of the need to obtain an ATO

- issued COA prior to conducting operations under the grant of exemption. Beck’s intends to fly under the Bla nket COA provided by
the FAA for flights below 200 feet to all Section 333 Exemption holders or under a future

ATO

- issued COA that will Beck’s will apply for after receiving its Section 333 Exemption.

21. T he UASs will not be operated within 5 nautical miles of an airport reference poin t as
noted on a current FAA

- published aeronautical chart unless a letter of agreement with that airport’s Air Traffic Control is obtained, and the operation is conducted in accordance with a NOTAM as required by the Operator’s COA.

22. A ll UASs will be marked and identifiable by a serial number which will be as large as practicable given the small size of the aircraft. The FAA has previously stated that so long as the markings are as large as practicable given the size of a UA S , an equivalent level of safety c an be achieved.

23. As is st a ted in the FAA guidelines, a UAS is required to yield the right of way to all manned aircraft and aviation operations at all times. Beck’s will strictly follow this rule.

24. Beck’s will follow VMC guidelines for VFR flights and as suc h, will fly only when there is visibility equal to, or in excess of, 3 statute miles from the PIC, while maintaining an adequate distance of no less than 500 feet below, or less than 2,000 feet horizontally
from a cloud.

25. Beck’s UAS operations will be condu cted below 400 feet AGL, nationwide or as
otherwise advised in an ATO

- issued COA.

26. Beck’s will log and report to the UAS Integration Office within 24 hours of any incident, accident, or flight operation that occurred outside the horizontal and vertical
boun daries of the operational area as defined by the COA under which the flight was operating. Furthermore, Beck’s will report accidents to the National Transportation Safety Board ( “ NTSB ” ).13 VI. How granting Beck’s Exemption Will Benefit the Public as a Whole

.

Beck’s UASs weigh 55 or few er pounds including payload. They operate under normal
conditions at a speed of no more than 30 knots an d have the capability to hover a nd move in
the vertical and horizontal plane simultaneously. They will operate only in line o f sight and will operate only within a predetermined property area under the permission of the property

owner . Such operations will ensure that the UASs will “not create a hazard to users of the national airspace system or the public” as per the Reform Act Section 333 (b). Given the small
size of the UASs involved and the restricted environment within which they will operate, the applicant falls squarely within that zone of safety (an equivalent level of safety) in which Congress envisioned that the FAA mus t, by exemption, allow commercial operations of UASs to commence immediately. Also due to the size of the UASs and the restricted areas in which the
relevant UASs will operate, approval of the application presents no national security issue.
Given the clea r direction in Section 333 of the Reform Act, the authority contained in the Federal Aviation Act, as amended; the strong equivalent level of safety surrounding the proposed operations, and the significant public benefit, including enhanced safety, reduction in
environmental impacts, including reduced emissions associated with allowing UASs for agricultural data collection and mapping operations, the grant of the requested exemptions is in the public interest.

The economic potential of the rapidly

- developing UAS industry is extraordinary. Technological
advancements have created devices tha t were unthinkable as early as five years ago. Further development of the UAS industry is dependent upon safe integration into the NAS. It is imperative that respo nsible operators lead by example in this developing industry in order to maintain the safest national airspace system in the world. When operated responsibly, UASs pose significantly less threat to persons and property than traditional manned aircraft due to their size and lack of combustible material onboard. Congress has already proclaimed that it is in the public’s best interest to integrate commercially UASs into the NAS. Agriculture is an ideal application of UAS technology. UASs can be effectively and safely used in agriculture
because t hey are more cost efficient, create less emissions, are less disruptive , a nd pose significantly less threat to persons and proper t y than traditional aircraft. Granting this exemption to Beck’s will ensure responsible UA S operation in the NAS and can enhance the economic impact of the developing UAS and ancillary industries as a whole.

The majority of Beck’s agricultural data collection occurs at low altitudes because of the enhanced data resolution possible at those low altitudes . Thus, customers of UAS are able to
obtain better, more accurate and more useful data . The use of UASs avoids the need for potentially hazardous ultra

- low

- flying manned aircraft. T he combination of better, more accurate data, couple d with the en hanced safety of UASs produces a viable commercial operation that promotes the public interest. The FAA ha s issued grants of exemption to data

collecting petitioners in similar circumstances. In Grants of Exemption Nos. 11062, 11109,

11112 , 11213, and 1264 5, the FAA found that the enhanced safety achieved using an
unmanned aircraft with the basic specifications described by the petitioner and carrying no passengers or crew, rather than a manned aircraft of significantly greater proportions, carrying14 crew in addition to flammable fuel, g ave the FAA cause to find that similar UAS operations used for data collection were in the public interest.

Precision a griculture has seen a significant influx of UASs over the past few years. Farmers and
their a g riculture partners are using UASs to scout crops; monitor inputs like fertilizer and nitrogen; monitor stand growth; review irrigation and drainage; diagnose and address plant
stressors; and measure other variables in their fields. Beck’s UAS operations will increase the efficiency and effectiveness of its customer farmers, which will help to feed our growing population

. Additionally, the following previously granted exemptions point to the FAA’s
acceptance of UASs ’ use in the agriculture i ndus try as b eing within the public interest: 11110

, 11136, 11167, 11192, 11222, and 14486.

In light of the information provided above, Beck’s requests that the FAA grant it a Section 333 Exemption for the UASs outlined in this application . Do not hesitate to contact me with any questions.

Respectfully submitted,

Jim Love Beck’s Superior Hybrids, Inc.
6767 E. 276th Street Atlanta, IN 46031 Email: jlove@beckshybrids.com
Phone: 317.694.2749

Appendix:
Exhibit A

– DJI Phantom Manuals
Exhibit B

– eBee Manual
Exhibit C

– Ag Eagle Manual
Exhibit D

- List of Regulations from which Exemption is Requested