CLARK 

MASON 

ATTORNEYS 

December 2, 2015 

u.s. Department of Transportation 

Docket Operations 

West Building Ground Flood, Room w12-140 

1200 New Jersey Ave., SE 

Washington, DC 20590 

Arkansas Capital Commerce Center 

200 River Market Avenue 

Suite 250 

Little Rock, AR 7220 I 

(50 I) 2 I9-0077 

(SOI) 2I9-2277 fax 

I-800-5I6-2766 

www_clarkmason.com 

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

Part 1 1 of the Federal Aviation Regulations 

Gentlemen: 

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

(the "Reform Act") and 14 C.F.R. Part 1 1, Heritage Agriculture, the proposed 

operator of the 2015 AgEagle small Unmanned Aircraft Systems ("sUAS"), 

seeks an exemption from the Federal Aviation Regulations ("FARs") listed 

below and discussed in Appendix A. Details of AgEagle and the 20 15 

AgEagle sUAS are described in Appendix B. (Attached as Appendix C is a 

summary of this request.] Attached as Appendix Dare tow specific examples 

documenting just one of the many benefits provided by the AgEagle taken 

with NDVI imaging. 

The undersigned has held an airman's certificate for almost 30 years and, as 

a result, has a keen appreciation of the potential for unintended incursions by 

UAV's with conventional aircraft. On behalf of my client, Heritage Agriculture; 

we thank you· in advance for your diligence and constant efforts to insure a 

balance between responsible commercial operators such as my client and 

the need for protection of aircraft in controlled and uncontrolled air space. My 

client and I recognize the herculean task required to incorporate sensible and 

effective safety measures that protect airmen and their passengers, while also 

recognizing the enormous potential afforded responsible commercial 

operators such as my client and the unlimited benefits presented for their 

customers in both Arkansas's and the entire u.s. farming community. 

Heritage Agriculture ("Heritage Ag") will only operate the "AgEagle" sUAV in 

uncontrolled airspace surrounded by rural farmland. While from time to time 

the AgEagle may veer near an occasional farm road, farm house, chicken 

house or the like, operations near populated areas or highways will be 

Arkansas • Tennessee • Montana 
December 2, 2015 

Page 2 

essentially non-existent. Based upon the above premise, and on behalf of 

Heritage Agriculture the following FAA exemption is sought. 

The requested exemption would permit commercial operation of AgEagle's 

2015 AgEagle sUAV (see details in Appendix B), in the Precision Agriculture 

market. The Air Vehicle weighs 7.5 lbs. with imaging payload. Beneficial 

uses include aerial surveys, mapping, and inspections that consist of still 

photographs, video, and other data taken by onboard sensors at a fraction of 

the cost of traditional agricultural photography with Agri Pilots using their 

aircraft. 

The 20 15 AgEagle is equipped with DroneDeploy software. This software 

produces remarkably high quality imagery and data that can be used as 

thermal modeling, can be combined to produce precision charts and contour 

maps, and ultimately determine at various stages the health of a crop. 

Applications for this sUAS include mapping and surveying tasks in precision 

agriculture, crop scouting, crop insurance, hazard mitigation and support of 

Federal Crop Management programs. Use of the 2015 AgEagle for these 

inspections and surveying applications reduces, and often eliminates, the 

need to operate conventional Agri aircraft, providing data quickly, accurately, 

economically, safely and with a reduced or essentially non existent 

environmental impact. 

Operations under the exemption requested will be subject to strict operating 

requirements and conditions to ensure at a minimum an equivalent level of 

safety as that currently authorized for operations using manned aircraft and 

under conditions as modified by the FAA under Section 333. 

As described in detail below, the requested exemption would authorize 

Heritage Agriculture to perform commercial operations of aerial inspections 

and surveys using the 2015 AgEagle, which at 7.5 lbs., is rotating, is small in 

size and powered electrically by a Li-Po battery. 

The 20 15 AgEagle will be operated under controlled conditions at low altitude 

(<400' agl) in Class G airspace that is limited in scope, as described more fully 

herein. It has automated control features, as also described below. The 

AgEagle 20 15 AgEagle is designed to be operated by one person, but flight 

operations with Heritage Ag will always involve two people, an operator and 

an observer. The operator is responsible for flying the sUAS, monitoring its 

status and flight dynamics while maintaining visual-line-of-sight (VLOS), and 

keeping the flight within the specified factory limits (in terms of wind, flight 

range, battery life, etc.) to ensure safe operation of the sUAS itself. The 

observer is responsible for monitoring the airspace for other aircraft and 

hazards from FAA charts and instructing the operator before and during flight 

as necessary to ensure safe launching and de-confliction with ANY aircraft or 

identified hazards. The operator also will be an individual who has passed 

Arkansas • Tennessee • Montana 
December 2, 2015 

Page3 

the FAA approved or military equivalent ground training exam and authorized 

AgEagle training program for the 20 15 AgEagle. Finally, the airspace in which 

the 2015 AgEagle will operate will be disclosed to and approved, as needed, 

by the FAA in advance of any deployment. 

Heritage Agriculture respectfully submits that because this light, small, 

unmanned aerial system - the 2015 AgEagle - will be used in lieu of 

comparatively hazardous operations now conducted with fixed and rotary 

wing conventional aircraft, the FAA can have absolute confidence that the 

operations will achieve at least an equivalent-level or greater level of safety. 

Approval of this exemption would thereby enhance safety and fulfill the 

Secretary of Transportation's (the FAA Administrator's) responsibilities under 

Section 333(c) of the Reform Act to "establish requirements for the safe 

operation of such aircraft systems in the national airspace system." 

The name and address of the applicant are: 

Heritage Agriculture 

Attn: Mr. Mike Linton 

Vice President, General Manager 

1420 W. Park St. 

Carlisle, Arkansas 72024 

Phone: (870) 552-7557 

mlinton@heritageag.net 

The primary contact for this application is: 

Clark W. Mason 

200 River Market Avenue 

Suite 250 

Little Rock, Arkansas 72201 

Phone: (SO 1) 2 19-0077 

clark@clarkmason.com 

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

14 C.P.R. Part 2 1; 

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

14 C.P.R. XX1.113(a) & (b); 

14 C.P.R. XX1.133(a); 

14 C.P.R. 91. 7(a); 

14 C.P.R. 91.9(b)(2) & (c); 

14 C.P.R. 91. 1 03; 

14 C.P.R. 91 . 1 09(a); 

14 C.P.R. 91.119; 

Arkansas • Tennessee • Montana 
----------------------------------............. . 

December 2, 20IS 

Page4 

I4 C.P.R. 9l.ISI (a); 

I4 C.P.R. 9I .203(a) & (b); 

I4 C.P.R. 9I .405(a); 

I4 C.P.R. 9I .407(a)( I); 

I4 C.P.R. 9I.409(a)(2); 

I4 C.P.R. 91.4I7(a). 

Appendix A discusses each rule listed above and explains why exemptions 

pursuant to the proposal set forth in this letter are appropriate, provide an 

equivalent level of safety, and are in the public interest. 

THE APPUCABLE LEGAL STANDARD UNDER SECTION 333 

Heritage Agriculture submits that grant of its exemption application for use of 

the 20 IS AgEagle in Precision Agriculture, surveying, mapping and 

inspection operations will advance the Congressional mandate in Section 

333 of the Reform Act to accelerate the introduction of sUASs into the 

national airspace system ("NAS") if it can be accomplished safely. This law 

directs the Secretary of Transportation to consider whether certain sUASs 

may operate safely in the NAS before completion of the rulemaking 

required under Section 332 of the Reform Act. In making this determination, 

the Secretary is required to determine which types of sUASs do not 

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

national security in light of the following: 

• The sUAS's size, weight, speed, and operational capability; 

• Operation of the sUAS in close proximity to airports and populated 

areas; and 

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

Reform Act § 333(a)(I). If the Secretary determines that such vehicles 

"may operate safely in the national airspace system, the Secretary shall 

establish requirements for the safe operation of such aircraft in the 

national airspace system." Id. §333(c). 1 

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

exemptions. This statutory authority, by its terms, includes exempting civil 

aircraft, as the term is defined under §40 I o I of the Act, from the requirement 

1 Applicant submits that this provision places a duty on the Administrator to not only process applications for 

exemptions under Section 333, but for the Administrator, if he deems the conditions proposed herein require 

modification in order to allow approval, to supply conditions for the safe operation of the sUAS. Heritage Agriculture 

invites any concerns or questions by the FAA staff in order to address any issues or concerns this proposal may 

raise or that they believe may require modification. 

Arkansas • Tennessee • Montana 
December 2, 2015 

Pages 

that all civil aircraft must have a current airworthiness certificate and those 

regulations requiring commercial pilots to operate aircraft in commercial 

service: 

The Administrator may grant an exemption from a requirement of 

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

or any of sections 44 702-44 71 xx of this title if the Administrator 

finds the exemption is in the public interest. 49 u.s.c. §44701(f). 

See also 49 usc §44 71 1 (a); 49 usc §44 704; 14 CFR 

§91.203(a)( 1 ). 

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

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

the Federal Aviation Act, as amended; the strong equivalent level of 

safety surrounding the proposed operations; and the significant public 

benefit, including enhanced safety and cost savings associated with 

transitioning to sUASs for Ag-aerial surveying, mapping and inspection 

applications. Accordingly, the applicant respectfully requests that the FAA 

grant the requested exemption without delay. 

Airworthiness of the 2015 AgEagle 

A critical element of the exemption application involves evidence of the 

airworthiness of AgEagle sUAS including the 20 15 AgEagle. Here, Heritage 

Agriculture must rely upon the exemption request submitted by AgEagle, 

LLC, the manufacturer. AgEagle, LLC demonstrated their compliance through 

a documented history of safe flight operations totaling over 19,000 operational 

hours as of December, 2014. As such, an .exemption was granted by the 

FAA from the manufacturer's exemption request submitted December 22, 

2014. 

The criteria set forth in the FAA's Order specifies the substantive showings of 

the device's safety and fitness for operation to ensure that the FAA has 

sufficient basis to evaluate the aircraft's safety. The 2015 AgEagle has 

documented it has a redundant set of automated features provided by 

DroneDeploy to ensure safe takeoff, flight and landing in many conditions. 

Details of operation can be found in Appendix B. 

Mandatory Operating Conditions 

Grant of the exemption to Heritage Ag will be subject to the following 

mandatory conditions, which are based upon operating conditions set 

forth for operation of sUAS by public entities pursuant to Certificates of 

Authorization, with additional restrictions: 

Arkansas • Tennessee • Montana 
December 2, 2015 

Page6 

• All operations to occur in Class G airspace. 

• Operations to avoid congested or populated areas, which are depicted 

in yellow on VFR charts. · 

• Operations to be conducted over private or controlled access property. 

• Permission from land owner/controller required before commencing 

any flight. 

• Operations to occur during Visual Flight Rules and Visual Meteorological 

Conditions (VMC). 

• Aircraft to remain within Visual Line of Sight (VLOS). 

• VL,OS is guaranteed with a cylinder of operation around operator of 1/2 

nautical mile (NM). 

• · Cylinder walls may be expanded by observer with ability to control 

aircraft. 

• Operations to occur during daylight hours. 

• Above Ground Level (AGL) altitude to be restricted to 400 feet. 

• All operations conducted in vicinity of airport shall remain more than 2.5 

NM from centerline azimuth of runway centerline measured from 

runway thresholds. Here, Heritage Agriculture has no expectation nor 

intention of operations conducted in the vicinity of any airport, public or 

private. 

• Operator shall file a NOT AM for each flight. 

• All required permissions and permits shall be obtained from territorial, 

state, county or city jurisdictions, including local law enforcement, fire, 

or other appropriate governmental agencies. 

• All operations shall include one pilot for flight control and one observer 

for VLOS enhancement of surrounding area near the aircraft 

Operator Requirements 

Heritage Agriculture requests COA's for operators that possess a minimum of 

those requirements for operation of a sport aircraft, Certain sUASs, such as 

the AgEagle 20 IS AgEagle, are characterized by a high degree of 

pre-programmed control and multiple built-in technical capabilities that limit 

the potential for operation outside of the operating conditions set forth above. 

The 20 15 AgEagle sUAS also provides additional built-in functional and safety 

features to assist the operator in safe and reliable operation powered by 

DroneDeploy risk-mitigation software. 

The AgEagle 20 15 AgEagle provides two semi-autonomous flight 

modes using a point-and-click map and video interface. 

Here, the operator clicks on a map to direct the 20 15 AgEagle to fly to 

the precise point on the map where the operator is pointing, or with 

programed flights, preprogrammed flight plans may be entered for a series of 

waypoints or grid based areas. Navigation aids include landing zones and 

Arkansas • Tennessee • Montana 
December 2, 2015 

Page 7 

flight areas that are pre-designated to ensure the 20 IS AgEagle operates only 

within user specified flight parameters. All flight operations are GPS controlled 

making the system not only easy to navigate, but enhances its safety; the 

flight control system employs a variety of sensors including sonar, barometric 

pressure, temperature, wind speed and other factors to ensure high stability 

and reliability in varying weather conditions. At all times during flight 

operations, the operator can intervene a programmed flight and take 

immediate control. 

Using DronDeploy's software package, additional automated safety 

functions and safety enhancing features of the 20 15 AgEagle include 

the following: 

• Automated pre-flight system performance checks 

• user pre-flight checklist 

• "Hit the deck" mode can be activated by simply pushing a button on the 

controller which causes the aircraft to drop from its cruising altitude to so 

above the ground and circle there to avoid a collision with another aircraft. 

• Automated condition or fault detection, warnings, and pre-defined 

responses to a number of flight and system conditions. 

o High winds with system and user defined safety thresholds 

o Low battery with system and user defined safety thresholds 

o High temperature or other 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 in current position 

• In the case of lost GPS, a manual user flight mode is enabled 

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

landing the vehicle. 

Given these safety features, Heritage Ag believes operators of the 2015 

AgEagle should not be required to hold a commercial pilot certification. 

Instead, operators should be required to: 

• have successfully completed, and hold at a minimum, an FAA private, 

Arkansas • Tennessee • Montana 
December 2, 2015 

Pages 

recreational or sport pilot certificate, together with a current FAA airman 

medical certificate or u.s. driver's license issued by a state, the District of 

Columbia, Puerto Rico, a territory or the Federal Government. The PIC shall 

also meet the flight review requirements specified in 14 CPR § 61.56 in which 

the PIC is rated on his or her pilot certificate. 

• have completed AgEagle's authorized training program for operation 

and maintenance of the sUAS. 

Heritage Ag notes the FAA has determined these safety factors permitted 

operation of sUASs by operators with these qualifications in the case of 

operations pursuant to public COAs 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). The FAA has the statutory authority to grant 

exemptions to the requirements for and privileges associated with the grant of 

airmen's certificates. 49 USC §4470 1 (f). 

Based upon the foregoing, Heritage Ag seeks an exemption from the FARs 

set forth above and in Appendix c to allow commercial operations of a small 

unmanned vehicle in mapping and inspection operations related to 

agriculture. 

Approval of the exemption allowing commercial operations of the 

2015 AgEagle 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 quantities 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 2015 

AgEagle weighs 7.5 lbs including payloads, uses aLi-Co battery for power, is 

transported or carried to/from the area of activity, removes the need for 

airborne pilots/observers, and poses far less risk to people and infrastructure 

on the ground. 

Additionally, no national security issue is raised by the grant of the requested 

exemptions. Given the limited operating environment, size, load carrying 

capacity, speed at which it operates, and the fact that it carries absolutely no 

explosives or other dangerous materials, the 20 15 AgEagle poses no threat 

whatsoever to national security. 

Arkansas • Tennessee • Montana 
December 2, 2015 

Page 9 

The operation of the 20 15 AgEagle for surveying, mapping and inspection 

operations in accordance with the strict conditions outlined above, provides 

an equivalent level of safety supporting the grant of the exemptions requested 

herein, including exempting Heritage Ag and its operators from the 

requirements of Part 2 1 . 

The 20 15 AgEagle's satisfaction of the criteria set forth in Section 333 of the 

Reform Act (i.e. size, weight, speed, operating capabilities, operation within 

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

and documented equivalent level of safety relating to FAA pilot certification, 

provide ample justification for the grant of the requested exemptions allowing 

Heritage Agriculture commercial operation of the 20 15 AgEagle in the limited 

agricultural surveying, mapping and inspection operations. 

The safe operation of the 20 15 AgEagle is of utmost concern. Safety remains 

paramount and will be at all times paramount. Heritage Ag represents it will in 

every instance operate within the spirit and the letter of all laws applicable, all 

FAA regulations and will readily adhere to further refinements. The operation 

of Precision Agriculture sUAS's in remote farmlands across the country are, as 

a practical matter, of little safety concern, yet Heritage Ag will never diminish 

its responsibilities to safety, shall provide operators and observers who will at 

all times maintain integrity of the flight, pose no risk to airborne platforms, and 

mitigate any risk to ground personnel and property. 

CWM/SWj 

Enclosures 

Arkansas • Tennessee • Montana 
December 2, 2015 

Page 10 

APPENDIX A 

EXEMPTION REQUEST AND EQUNALENf LEVEL OF SAFETY SHOWINGS 

UNDER APPLICABLE RULES SUBJECT TO EXEMPTION 

Heritage Ag requests an exemption from the following regulations as 

well as any additional regulations that may technically apply to the operation 

of the 20 15 AgEagle: 

14 C.P.R. Part 2 1 , Subpart H: Airworthiness Certificates 

14 CPR§ 91.203(a)(1) 

Section 91.203(a)( I) requires all civil aircraft to have a certificate of 

airworthiness. Part 2 1 , Subpart H, entitled Airworthiness Certificates, 

establishes the procedural requirements for the issuance of airworthiness 

certificates as required by FAR § 91.203(a)(l). Given the size of the aircraft 

(7.5 lbs.) 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. 

Such an exemption meets the requirements of an equivalent level of safety 

under Part 1 1 and Section 333 of the Reform Act. The Federal Aviation Act 

and Section 333 of the Reform Act both authorize the FAA to exempt aircraft 

from the requirement for an airworthiness certificate, upon consideration of 

the size, weight, speed, operational capability, and proximity to airports and 

populated areas of the sUAS involved. 

In this case, an analysis of these criteria demonstrates that the 20 15 AgEagle 

operated without an airworthiness certificate, under the conditions proposed 

herein, will be at least as safe, or safer, than a conventional aircraft (fixed wing 

or rotorcraft) with an airworthiness certificate. The 20 15 AgEagle weighs 7.5 

lbs. fully loaded. It will not carry a pilot or passenger, will not carry 

flammable fuel, and will operate exclusively within an area pre-disclosed and 

in compliance with conditions set forth herein. Operations under this 

exemption will be tightly controlled and monitored by both the operator, 

pursuant to the conditions set forth above, and by local public safety 

requirements. The FAA will have advance notice of all operations through the 

filing of NOTAMs. Receipt of the prior permission of the land owner, the size 

of the aircraft, the lack of flammable fuel, and the fact that the aircraft is 

carried to the location and not flown there all establish the equivalent level 

of safety. The 20 15 AgEagle provides at least an equivalent, and most likely 

exceeds5 , level of safety to that of such operations being conducted with 

conventional manned aircraft that would be significantly larger and would be 

carrying additional personnel, cargo, and flammable fuel. The automated 

safety features including redundant sensor systems as described in Appendix 

Arkansas • Tennessee • Montana 
December 2, 2015 

Page 11 

B and throughout this document highlight the design intentions towards 

safety and reliability on the 20 15 AgEagle. 

14 C.P.R.§ 45.23 & 91.9(c): Marking of the Aircraft 

Regulation 45.23 provides: 

(a) Each operator of an aircraft must display on that aircraft marks 

consisting of the 

Roman capital letter "N" (denoting United States registration) followed by 

the registration 

number of the aircraft. Each suffix letter used in the marks displayed must 

also be a Roman capital letter. 

(b) When marks include only the Roman capital letter "N" and the 

registration number is 

displayed on limited, restricted or light-sport category aircraft or 

experimental or 

provisionally certificated aircraft, the operator must also display on 

that aircraft near 

each entrance to the cabin, cockpit, or pilot station, in letters not less 

than 2 inches nor 

more than xx inches high, the words "limited," "restricted," "light-sport," 

"experimental," or 

"provisional," as applicable. 

Regulation 91.9(c) provides: 

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

aircraft is identified in accordance with part 45 of this chapter. 

The 2015 AgEagle has no entrance to the cabin, cockpit, or pilot 

station on which the markings can be placed. Given the size of the sUAS, 

two inch lettering will be impossible. Official marking systems for small UAS 

have not yet been established for operations inside the NAS. The 2015 

AgEagle is currently marked with a fixed label containing AgEagle Labs 

2015 AgEagle measuring 1.5" x 0.5" as well as a serial number located 

under the removable camera payload. AgEagle is prepared to mark the 

inspection system with the name of the organization and location or 

origin and fulfill any other request by the FAA to this topic in accordance 

to § 45.29(t) where the pilot, observer, and others working with the 

sUAS will see the identification of the sUAS. 

The FAA has issued the following exemptions to this regulation, see 

Exemption Nos. 8738, 101xx7, 101xx7A and 10700. 

Arkansas '" Tennessee • Montana 
December 2, 2015 

Page 12 

14 C.P.R. § xxl.II3(a) & (b); xxl.I33(a): Private Pilot Privileges and 

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

Section xx1.113(a) & (b) limit private pilots to non-commercial operations. 

Unlike a conventional aircraft that carries a pilot, passengers, and cargo, 

the 20 15 AgEagle in this case is remotely controlled with no passengers 

or property of others on board. Section xx 1 . 133(a) requires an individual 

with a commercial pilot's license to be pilot in command of an aircraft 

for compensation or hire. Heritage Ag respectfully proposes that operator 

requirements should take into account the characteristics of the 

particular sUAS. AgEagle's 2015 AgEagle has a high degree of 

pre-programmed control and various built-in technical capabilities through the 

DroneDeploy software that strictly limit the potential for operation outside of 

the operating conditions set forth in the exemption application. 

The 20 15 AgEagle has an all-digital software platform powered by 

DroneDeploy with advanced features previously restricted to full size 

unmanned aircraft. Automated features and advanced fly-safe controls 

enable safe, reliable operation, as well as advanced networking capabilities 

and system extensibility. 

e Plan your flight or fly ad-hoc: The system can autonomously fly a 

programmed flight path or fly in manual mode. 

e Smart batteries and charger: Flight time and battery minutes are 

displayed at all times. The system will return home and land automatically 

if user-configurable limits are reached. 

Flight safety is a priority, no matter the operating environment or project. 

The 20 15 AgEagle offers superior safety over manned aircraft by 

removing the need for people to be onboard in potentially dangerous 

situations. With multiple built-in safety features, the AgEagle platform leads 

other sUAS with respect to safety. 

e Intelligent fault handling: The system automatically detects potential 

issues with configurable automated response behavior such as a 

return-home-and-land routine . 

e Automatic pre-flight checks: The system self-calibrates all of its 

sensors and performs self-tests prior to takeoff to check for errors . 

Arkansas • Tennessee • Montana 
December 2, 2015 

Page 13 

e No-fly zones: The system has the ability to set up visual no-fly zones. 

e Self-monitoring: Monitoring battery levels, in-flight wind speeds, and 

other system and 

Environmental conditions are automatically handled by the system. 

e Battery communication: Battery minutes and flight time are 

displayed at all times. The system will return home and land 

automatically if user-configurable limits are reached. 

Additional automated safety functions and safety enhancing features of 

the 20 15 AgEagle include the following: 

e Auto detection of lost GPS warns the pilot and initiates an immediate 

landing. 

e Low battery on the 20 15 AgEagle triggers a Non-Fatal Warning 

alarm to return home, land and replace the battery. 

e Very low battery on the 20 15 AgEagle triggers an Fatal Error alarm 

and initiates an emergency high speed descent landing. 

e If the 2015 AgEagle detects a lost-link to the base station the 

vehicle will perform its pre-defined Non-Fatal Condition Response. 

Given these safety features, AgEagle proposes that operators of the 

20 15 AgEagle should not be required to hold a commercial or private pilot 

certification. Instead, operators should be required to: 

e have successfully completed, and hold at a minimum, an FAA private, 

recreational or sport pilot certificate, together with a current FAA airman 

medical certificate or u.s. driver's license issued by a state, the District of 

Columbia, Puerto Rico, a territory or the Federal Government. The PIC 

shall also meet the flight review requirements specified in 14 CPR§ 61.56 

in which the PIC is rated on his or her pilot certificate. 

e have completed AgEagle's training program for operation of the sUAS. 

Heritage Ag notes that the FAA has found that safety factors permitted 

operation of sUASs by operators with these qualifications in the case of 

operations pursuant to public COAs where the mandatory operating 

Arkansas • Tennessee • Montana · 
December 2, 2015 

Page 14 

conditions specified above are present. See Federal Aviation 

Administration, Notice N-8900.227, unmanned Aircraft Systems (UAS) 

Operational Approval, at 20-21 (July 30, 20 13). The FAA has the 

statutory authority, granted at 49 U.S. C. §44 70 I (f) to waive the pilot 

requirements for commercial operations. 

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

be provided by allowing operation of the 20 15 AgEagle without a 

private pilot's certificate or a commercial pilot's certificate, under the 

conditions set forth herein. 

The risks associated with the operation of the 20 15 AgEagle (given its 

size, speed, operational capabilities, and lack of combustible fuel) are so 

diminished from the level of risk associated with private pilot operations 

or commercial operations contemplated by Part xx 1 with conventional 

aircraft (fixed wing or rotorcraft), that allowing operations of the sUAS as set 

forth above meets or exceeds the present level of safety provided under 

14 C.F.R. § xxl.113(a) & (b) and does not rise to the level of requiring 

a commercial pilot to operate the aircraft under§ xx1.133(a). 

14 C.P.R.§ 91.7(a): Civil aircraft airworthiness. 

This regulation requires that no person may operate a civil aircraft 

unless it is in airworthy condition. Should the exemption be granted 

allowing commercial operation of the 20 15 AgEagle without an 

airworthiness certificate, no standard will exist for airworthiness of the 

2015 AgEagle. Given the size of the aircraft and the previous COAs 

issued for AgEagle's 2015 AgEagle and 20 15 AgEagle, an equivalent 

level of safety will be achieved by ensuring compliance with the AgEagle 

manuals prior to each flight. 

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

The regulation provides: 

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

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

§21.5 of this chapter, unless there is available in the aircraft a current 

approved airplane or Rotorcraft 

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

combination thereof. 

Given the size and configuration of the 20 15 AgEagle, it has no ability 

or place to carry such a flight manual on the aircraft, not only because 

Arkansas • Tennessee • Montana 
December 2, 2015 

Page 15 

there is no pilot on board, but because there is no room or capacity to 

carry such an item on the aircraft. 

The equivalent level of safety will be achieved by keeping the flight 

manual (see, e.g., user Guide, Exhibit 1) at the ground control point 

where the pilot flying the sUAS will have immediate access to it. The 

FAA has issued to others the following exemptions to this regulation: 

Exemption Nos. 8xx07, 8737, 8738, 9299, 9299A, 95xx5, 95xx5B, 101xx7, 

101xx7A, 10xxo2, 32827, and 10700.14 C.P.R.§ 91.103: Preflight action 

This regulation requires each pilot in command to take certain actions 

before flight to insure the safety of flight. As FAA approved rotorcraft flight 

manuals will not be provided for the aircraft an exemption will be needed. An 

equivalent level of safety will be provided as set forth in the 20 15 

AgEagle User Manual (exhibit 1) under the 'Getting Ready to Fly' 

section. The PIC will take all actions including reviewing weather, 

flight battery requirements, landing and takeoff distances and aircraft 

performance data before initiation of flight. 

14 C.P.R. § 91 . 1 09(a) & 91.319(a)( 1): Flight Instruction 

These regulations provide that no person may operate a civil aircraft 

(except a manned free balloon) that is being used for flight instruction 

unless that aircraft has fully functioning dual controls. 

The 20 15 AgEagle is a remotely piloted aircraft and by design, does not 

have fully functional dual controls. Flight control is accomplished through 

the use of a control box that communicates with the aircraft via radio 

communications. The flight plan is either manually controlled through 

point-and-click touchscreen navigation or pre-programmed as way points 

or an AutoGrid into the auto pilot before or during flight and only in 

unusual circumstances will the pilot input control functions to alter the 

pre-programmed flight. If instruction is accomplished through the 

manufacturer's training program an equivalent level of safety will be 

assured. The FAA has approved exemptions for flight training without 

fully functional dual controls for a number of aircraft and for flight 

instruction in experimental aircraft. See Exemption Nos. 5778K & 98xx2A. 

The equivalent level of safety will be achieved by the manufacturer 

providing the training and through the use of experienced and qualified 

pilots familiar with the 20 15 AgEagle . 

. 14 CFR § 91.119: Minimum Safe Altitudes 

Section 91 . 1 1 9 establishes safe altitudes for operation of civil aircraft. 

Specifically, 91.119(c) limits aircraft flying over areas other than congested 

areas to an altitude of 500 feet above the surface, except over open 

Arkansas • Tennessee • Montana 
December 2, 2015 

Page 16 

water or sparsely populated areas. In those cases, the aircraft may not be 

operated closer than 500 feet to any person, vessel, vehicle, or structure. 

As set forth herein, the 20 15 AgEagle will never operate at higher 

than 400 feet AGL. It will, however, be operated to avoid congested or 

populated areas that are depicted in yellow on VFR sectional charts. 

Because aerial survey, mapping and inspection work must be 

accomplished at relatively low altitudes and at altitudes less than 500 feet 

AGL, an exemption from Section 91. 1 19(c) is needed. 

The equivalent level of safety will be achieved given the size, weight, 

speed, and material with which the 2015 AgEagle is built. Also, no 

flight will be taken without the permission of the land owner or those 

who control the land. Because of the advance notice to the 

landowner, all affected individuals will be aware of the flights. Compared 

to aerial survey operations conducted with aircraft or rotorcraft weighing 

far more than 7.5 lbs. and carrying flammable fuel, any risk associated 

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

conventional aircraft operating at or below 500 feet AGL. Indeed, the 

low-altitude operations of the sUAS will maintain separation between 

these sUAS operations and the operations of conventional aircraft that must 

comply with Section 91 . 1 1 9. 

14 C.F.R. § 91.15I(a): Fuel Requirements for Flight in VFR Conditions 

This regulation prohibits an individual from beginning "a flight in an 

airplane under VFR conditions unless (considering wind and forecast 

weather conditions) there is enough fuel to fly to the first point of intended 

landing and, assuming normal cruising speed - (I) During the day, to fly 

after that for at least 30 minutes; or (2) At night, to fly after that for at least 45 

minutes." 

The 20 15 AgEagle batteries provide approximately 40 minutes of powered 

flight. Without an exemption from § 14 CFR 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 of those proposed operations, a longer 

time frame for flight in daylight VFR conditions is reasonable. 

Heritage Ag believes that an exemption from 14 CFR § 91 . 151 (a) is 

safe and within the scope of a prior exemption. See Exemption 1 Oxx73 

(allowing Lockheed Martin Corporation to operate without compliance with 

91.151(a)). Operating the sUAS, without 30 minutes of reserve fuel does not 

engender the type of risks that Section 91 . 151 (a) was meant to 

prevent given the size and speed at which the sUAS operates. The fact 

that it carries no pilot, passenger, or cargo also enhances its safety. 

Arkansas • Tennessee • Montana 
December 2, 20 15 

Page 17 

Additionally, limiting 2015 AgEagle flights to 20 minutes would greatly 

reduce their utility. In the unlikely event that the 20 15 AgEagle should run 

out of fuel (battery power), it would simply land. Given its weight and 

construction material, the risks are less than contemplated by the current 

regulation. 

Heritage Ag believes that an equivalent level of safety can be achieved by 

maintaining 1 o minutes of reserve fuel, which, allowing 30 minutes of 

flight time, would be more than adequate to return the sUAS to its 

planned landing zone from anywhere in its operating area. 

The FAA has granted similar exemptions to others, including 

Exemptions 2xx89F, 5745, 10xx73 and 10808. 

14 C.P.R. § 91.203 (a) & (b): Carrying Civil Aircraft Certification and 

Registration 

This regulation provides as follows: 

(a) no person may operate a civil aircraft unless it has ... an 

appropriate and current airworthiness certificate. 

(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. 

The 2015 AgEagle fully loaded weighs approximately 7.5 lbs. As such, 

there is no ability or place to carry certification and registration 

documents or to display them on the sUAS. In addition, there is no pilot on 

board the aircraft. 

An equivalent level of safety will be achieved by keeping these 

documents at the ground control point where the pilot flying the sUAS 

will have immediate access to them. The FAA has issued numerous 

exemptions to this regulation. A representative sample of other exceptions 

includes Exemption Nos. 95xx5, 9xxxx5, 9789, 9789A, 9797, 9797A, 

981xxA, and 10700. 

14 C.P.R.§ 91.405(a); 407(a)(1); 409(a)(2); 417(a): Maintenance Inspections 

Section 91 .405(a) requires that an aircraft operator or owner "shall have 

that aircraft inspected as prescribed in subpart E of this part and shall 

between required inspections, except as provided in paragraph (c) of 

this section, have discrepancies repaired as prescribed in part 43 of this 

chapter ... " 

Arkansas • Tennessee • Montana 
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Page 18 

Section 91 .407 similarly makes reference to requirements in Part 43; Section 

91.409(a)(2) requires an annual inspection for the issuance of an air 

worthiness certificate. Section 91 .41 7(a) requires the owner or operator to 

keep records showing certain maintenance work that has been 

·accomplished by certificated mechanics, under Part 43, or licensed 

pilots and records of approval of the aircraft for return to service. 

The 2015 AgEagle is nearly maintenance free, DroneDeploy's software 

performs automatic pre-flight checks and the failure of any check will 

prevent take-off. Checks which cannot be done by the system will be 

performed by a qualified person prior to each flight and at predefined 

intervals as part of the Maintenance Schedule in the User Manual. 

Pre-flight checklist includes: 

1 . Visual inspection of the airframe 

2. Visual inspections of rotor integrity 

3. Check charge of all batteries (aerial vehicle, command station, radio 

repeater station) 

An equivalent level of safety will be achieved because the sUAS is 

small in size, will carry no external payload, wiil operate only in restricted 

predetermined areas and is not a complex mechanical devise. 

As provided in the attached User Guide (System Maintenance section), 

the operator of 20 15 AgEagle will ensure that the sUAS is in working 

order prior to initiating flight, perform required maintenance, and keep a 

log of any maintenance that is performed. 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. 

The 2015 AgEagle's Maintenance guidelines ensure an equivalent level 

of safety to the maintenance requirements in Part 91 . In addition, any 

component failure detectable by the system will be reported to the control 

station and will cause the UAV to perform a Fatal Condition Response 

(FCR) or Non-Fatal Conditioned Response (NFCR), depending on the type of 

failure. 

Arkansas • Tennessee • Montana 
December 2, 20I5 

Page I9 

APPENDIX B2 . 

SMALL UNMANNED AERIAL SYSTEM DESCRIPTION 

AgEagle Corporate Overview: AgEagle is a United States company located in 

Neodeshsa, KS. 

AgEagle is focused on providing micro unmanned aerial system and is 

globally recognized as the market and technology leader in this space. 

Key customers range from individual farmers to agronomists doing research 

as well as others outside of the USA. 

AgEagle systems have a demonstrated safety track record. The AgEagle 

sUAS platforms were the first to officially fly a total of I9,080 operational 

hours. 

20 I5 AgEagle Overview: AgEagle unmanned systems have been used 

to map approximately I ,272,000 acres. 

The 20I5 AgEagle can carry payloads up to 2.5 pounds. The 20I5 AgEagle 

flies at a maximum wind threshold of 43 M.P.H. for sustained winds and wind 

gusts up to 55 M.P.H. Unique about the 20 I5 AgEagle is the system 

automatically compensates for wind versus relying on the operator's 'sense 

of feel' for what the impact of the wind is at the altitude the system is flying. 

The result is a system capable of gathering high quality aerial intelligence at 

much higher wind thresholds. A trait that is imperative for many aerial 

inspection operations. 

The 20 I5 AgEagle has an operational range of up to 20 Statue miles (I 7.38 

Nautical Miles). 

All flight operations are GPS controlled making the system extremely 

easy to navigate. At any point if the operator is not explicitly commanding 

the system to move, the system automatically holds its GPS position (i.e. 

GPS hold for reliable location hover). Camera positioning is also GPS 

controlled allowing for the most sophisticated camera targeting available. 

The flight control system employs not only GPS positioning but a variety of 

sensors including sonar, barometric pressure, temperature, wind speed and 

others to ensure the most stability of any system in its class - regardless of the 

wind. 

2 The information relating to AgEagle, LLC, the manufacturer of the 2015 AgEagle sUAV is 

taken either from the website of AgEagle, LLC or the original exemption request submitted by 

AgEagle, LLC in December, 2014. 

Arkansas • Tennessee • Montana 
December 2, 2015 

Page 20 

The 20 15 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 on the map to create a preplanned flight path. 

In semi-autonomous mode, the operator clicks on the map and the 20 15 

AgEagle automatically flies to the point on the map where the operator 

is pointing. Pre-mission waypoints, landing zone points and flight area 

dimensions can all be entered during preflight ensuring the 20 15 AgEagle 

operates only within specified parameters. 

The 2015 AgEagle includes many advanced safety features that makes the 

20 15 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-off 

location and land. Faults that can be detected include: loss of 

communication; pre-set wind thresholds exceeded; and low battery levels. 

In addition, the operator can create no fly zones or maximum flight 

ranges and altitudes so the system cannot enter areas deemed unsafe or 

unnecessary to fly over. And before every take-off automated flight checks 

ensure the system is flight ready before it takes off. 

The 20 15 AgEagle can be operated entirely by a touch-screen, map based 

interface. This means The operator only needs to command the system 

where to go, and the system does all the flying for the operator. Maps 

can be saved and flight plans can be made or recalled. 

20 IS AgEagle Operating Manual - System user manual available upon 

request. 

Physical Characteristics: 

Measurements- 56" wingspan X 6.5" long 

Weight (without payload but with batteries) - 7 pounds 

Weight with payload (T/0 weight)- 7.5 pounds 

FUel - Batteries 

Landing style/type - belly landing 

Propulsion System 

e Engines - The 20 15 AgEagle is powered by 1 electric brushless DC 

motor. 

e Batteries - Lithium polymer batteries are self-contained high 

duration systems with SMART intelligence on-board. This includes cycle 

charge times, locations, GPS antenna, chemical management, and real-time 

data feeds to ensure maximum flight duration and sub-system safety 

Arkansas • Tennessee • Montana 
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Page 21 

processes. Charging is done in the included AgEagle Battery charger and can 

be charged via standard wall outlet, or via a vehicle. 

Performance Characteristics 

e Maximum Altitude - 400 AGL 

e Maximum Endurance - 40 minutes 

e Maximum Range - VLOS (Visual Line Of Sight) 

e Weather Minimums - NA 

e Winds Maximum - 40 MPH 

e Minimum ceiling: - VLOS (Visual Line Of Sight) 

e Minimum visibility: - VLOS (Visual Line Of Sight) 

e Icing conditions - no icing conditions 

e Precipitation - no visible moisture 

Maintenance The UAS is nearly maintenance free, 

automatic pre-flight checks and the failure of any check 

take-off. Checks which cannot be done by the system will 

by a qualified person prior to each flight. 

Pre-flight checklist includes: 

e Visual inspection of the airframe 

e Visual inspections of rotor integrity 

it performs 

will prevent 

be. performed 

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

repeater station) 

Reliability - The system is designed for maximum reliability and to maintain 

performance over its life. 

The only components that experience routine wear are rotors, batteries, 

motors, and legs. Battery and motor conditions are monitored by the system 

with deviations reported to the operator. 

Contact with other objects during flight may cause other components, 

particularly rotors, and motor arms, to become damaged. Damaged 

components are likely to be detected during the full visual inspection 

of the airframe performed before each flight. Structural damage affecting 

flight characteristics will be detected by on-board sensors. 

The UAV system detects numerous conditions which may make flying 

unsafe, such as reduced GPS accuracy, magnetic anomalies, low battery 

Arkansas • Tennessee • Montana 
December 2, 2015 

Page 22 

charge, battery cell imbalances, temperature fluctuations. Automatic 

pre-flight checks prevent the UAV from taking off if such conditions are 

present; or, if the condition is detected during flight, the system will trigger a 

Fatal Conditioned Response. 

Fault Tolerance - The key feature of the UA v fault tolerance is its 

mechanical simplicity. It uses four fixed pitched rotors, each mounted on a 

separate motor. No control surfaces or other actuators are required for the 

UAS to fly. Any component failure detectable by the system will be 

reported to the control station and will cause the UA v to perform a 

Fatal Condition Response (FCR) or Non-Fatal Conditioned Response 

(NFCR), depending on the type of failure. 

Command and control Systems 

The 2015 AgEagle Ground Control station allows the operator simultaneous 

control over aircraft and payloads. The touch screen control allows for quick 

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

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

least once per second. 

Displayed on GCS: 

e UAS Position 

e Navigation Route 

e UAS Tail Number 

• UAS Position 

e UAS Altitude 

e UAS Heading 

e North Seeking Arrow 

e Range to Target 

e Calculated target position 

e Date/time 

e Sensor heading and orientation relative to UAS 

On-board Flight Instruments - The UAV is equipped with an Inertial 

Navigation System (3-axis gyroscope, 3-axis magnetometer, GPS receiver, 

and static pressure sensor) and a sonar sensor for precision AGL altitude 

measurement. 

Arkansas • Tennessee • Montana 
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Page 23 

On-board computer systems - The UAS is equipped on-board computer 

systems to monitor (sensors, battery, etc.), control (speeds, altitude, 

position, etc.), and communicate (control, telemetry, etc.). 

On-board guidance and navigation equipment - The UAS can operate 

autonomously; it does not require any input from ground-based equipment, 

or from the pilot to hover in place. 

Frequency Allocations - 900 MHz, 2.4 GHz, 5.8 GHz, 1,700 - 2,100 Mhz, 

custom 

Flight termination link - to prevent a "fly away" or other potentially 

dangerous situation a flight termination link is available to the operator at 

the GCS. 

Takeoff and Landing - The 20 15 AgEagle has vertical lift autonomous 

launch and recovery. A Landing zone "LZ" is designated by the operators 

and identified in the GCS software. For launch procedures the aircraft will 

takeoff and hover 3 meters directly above the LZ and hold until further 

operator instruction is given. The aircraft will automatically adjust for wind 

during this period. 

Navigation System - Specific maps can be downloaded to the display 

screen (such as air sectional and geographic maps) which are overlaid 

with GPS positional data. Waypoints can be created before and during flight 

operation creating specific locations and sequences for the aircraft. 

Redundant Systems - The UAS combines the input from a multitude of 

sensors. Even though the data from all sensors is required for optimal 

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

degraded performance rather than leading to a catastrophic failure. 

Emergency Procedures and System Failures 

Failure Handling - The UAS has extensive failure detection and handling 

capabilities. All failures are deeded to be either fatal or non-fatal. Failures 

classified as fatal result in a Fatal Condition Response (FCR); and failures 

classified as non-fatal result in a Non-Fatal Condition Response (NFCR). 

Sensor Failure - Failure of on-board flight instruments/sensors will 

degrade the UAS performance and will result in either a FCR or a 

NFCR, depending on their severity. If the UAS becomes unstable due to 

sensor failure, it will stop all four motors and free fall to avoid a fly away 

condition. 

Arkansas • Tennessee • Montana 
December 2, 2015 

Page 24 

Motor Failure - The UAS flight performance will degrade significantly if one or 

more motors fail. 

Airframe Failure - If airframe is damaged in ways that impacts flight 

characteristics, the UAS will behave similar to if an on-board flight instrument 

failed. 

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

result in FCR or NFCR 's depending on failures. 

Power Failure - A complete battery failure which results in power loss to the 

UAS will result in degraded flight performance. · 

Low Battery Condition - Operator will be alerted of a low battery condition 

and will land the aircraft as soon as able. 

Low Battery Condition - Operator will be alerted of a low battery condition 

and will land the aircraft as soon as able. 

Line-of-Sight Loss - All flight operations will be conducted with the UAS within 

visual sight of the pilot. 

If the pilot's view becomes obstructed and line-of-sight is lost, the pilot may 

instruct the UAS to hover in place until line-of-sight is reestablished, to return 

to the take-off position, or to land at the current position. 

Security 

The system and communication links are encrypted by the manufacturer's 

proprietary software. 

Arkansas • Tennessee • Montana 
December 2, 2015 

Page 25 

APPENDIXC 

SUMMARY OF AGEAGLE SECTION 333 EXEMPTION REQUEST 

Heritage Ag hereby provides pursuant to Part 1 1 a summary of its exemption 

application to allow commercial operation of the 20 15 AgEagle small 

unmanned system in: agricultural market research, data collection, scouting, 

precision aerial survey work, mapping and inspections. An exemption is 

requested from the following regulations: 

14 C.P.R. Part 21; 

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

14 C.P.R. xx1.113(a) & (b); 

14 C.P.R. xx1.133(a); 

14 C.P.R. 91. 7(a); 

14 C.P.R. 91.9(b)(2) & (c); 

14 C.P.R. 91.103; 

14 C.P.R. 91. 1 09(a); 

14 C.P.R. 91.119; 

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

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

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

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

14 C.P.R. 91.409(a)(2); 

14 C.P.R. 91.417(a) 

Arkansas o Tennessee o Montana 
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Page 26 

APPENDIXD 

EXEMPLAR PHOTOGRAPHY OF CROP FIELDS TAKEN WI1H NDVI 

PHOTOGRAPHY 

Arkansas • Termessee • Montana