Agmaxx: 28706 S Route 7, Garden City, MO 64747 T: (816)773

- 6018, F: (816)773

- 6202

Kent A. Kauffman

816

- 773

- 6018 kentk@agteampro.com

January 14 th

, 201 6

U. S. Department of Transportation Docket Management System 1200 New Jersey Ave., SE Washington,

DC 20590

Re: Exemption Request Section 333 of the FAA Reform Act and Part 11 of the Federal Aviation Regulations from 14 C.F.R. 45.23(b);14 CFR Part 21;14 CFR 61.113 (a) & (b); 91.7 (a);91.9 (b) (2);91.103(b); 91.109;91.119; 91.121; 91.151(a);91.203(a) & (b);91.405 (a); 91.407(a) (1); 9 1.409 (a) (2);91.417 (a) & (b).

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, Agmaxx Inc.

, o perator of Small Unmanned Aircraft Systems (“sUASs”) equipped to conduct aerial photography for the agriculture industry , hereby applies for an exemption from the listed Federal Aviation Regulations (“FARs”) to allow c ommercial operation of its sUASs, the DJI Phantom 3 and DJI Inspire 1, so long as such operations are conducted within and under the conditions outlined herein or as may be established by the FAA as required by Section 333.

As described more fully below, the requested exemption would permit the operation of small, unmanned and relatively inexpensive sUAS under controlled conditions in airspace that is 1) limited 2) predetermined 3) controlled as to access and 4) would provide safety enhancements to the already safe operations in the real estate industry presently using conventional aircraft. Approval of this exemption would thereby enhance safety and fulfill the Secretary of Transportation’s (the FAA Administrator’s) responsibilities to “...establish requirements for the safe operation of such airc raft systems in the national airspace system.” Section 333(c) of the Reform Act.

The name and address of the applicant is:

Agmaxx Inc.

Attn: Kent Kauffman

Ph: 816

- 773

- 6018

Email: kentk@agteampro.com

Address: PO Box 401, 28706 S State Route 7 Garden City, MO 64747Agmaxx: 28706 S Route 7, Garden City, MO 64747 T: (816)773

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January 14 th , 201 6 Page Two

Regulations from which the exemption is requested:

14 CFR Part 21

14 C.F.R. 45.23(b) 14 CFR 61.113 (a) & (b)

14 C.F.R. 91.7 (a) 14 CFR 91.9 (b) (2)

14 C.F.R. 91.103

14 C.F.R. 91.109

14 C.F. R. 91.119

14 C.F.R. 91.121

14 CFR 91.151 (a) 14 CFR 91.203 (a) & (b)

14 CFR 91.405 (a) 14 CFR 407 (a) (1) 14 CFR 409 (a) (2) 14 CFR 417 (a) & (b)

This exemption application is expressly 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 unma nned aircraft systems may operate safely in the national airspace system (NAS) before completion of the rulemaking required under Section 33 2 of the Reform Act. In making this determination, the Secretary is required to determine which types

of s UAS ’ s 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 s UAS’s size, weight, speed, and operational capability;

• Operation of the s UAS in close proximity to airports and populated areas; and

• Operation of the s UAS within visual line of sight of the operator.

Reform Act § 333 (a). Lastly, 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) (emphasis added) 2

.

The Federal Aviation Act expressly grants the FAA the authority to issue exemptions. This statutory authority by its terms includes e xempting civil aircraft, as the term is defined under §40101 of the Act, that includes sUASs, from the requirement that all civil aircraft

must have a current airworthiness certificate.

2 Applicant interprets this provision to place the duty on the Administrator to not only process applications for exemptions under section 333, but for the Administrator to craft conditions for the safe operation of the UAS , if it should be determined that the conditions set forth herein do not fulfill the statutory requirements for approval.Agmaxx: 28706 S Route 7, Garden City, MO 64747 T: (816)773

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J a nuary 14 th , 201 6 Page Three

The Administrator may grant an exemption from a requirement of a regulation prescribed under subsection (a) or (b) of this section or any sections 44702

- 44716 of this title if the Administrator finds the exemption in the public interest. 49 U.S.C. §44701( f) See also

49 USC §44711(a); 49 USC §44704; 14 CFR §91.203 (a) (1).

Agmaxx Inc ’s sUASs will utilize rotorcraft, weighting 55 or fewer lbs. including payload. They operate, under normal conditions at a speed of no more than 50 knots and have the capability to hover, and move in the vertical and horizontal plane simultaneously. They will operate only in line of sight

. Such operations will insure that the sUAS will “not create a hazard to users of the national airspace system or the public .”

Given the small size of the sUASs involved and the restricted sterile 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 must, 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 sUASs will operate, approval of the application presents no national security issue. Given the clear di rection 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 i n environmental impacts, including reduced emissions associated with allowing UASs for real estate photography o perations, the grant of the requested exemptions is in the public interest. Accordingly, the applicant respectfully requests that the FAA grant the requested exemption without delay.

AIRCRAFT AND EQUIVALENT LEVEL OF SAFETY

The applicant proposes that the exemption requested herein apply to civil aircraft that have the characteristics and that operate with the limitations listed herein. These l imitations provide for at least an equivalent or even higher level of safety to operations under the current regulatory structure because the proposed operations represent a safety enhancement to the already safe agriculture photography operations conducte d with sUAS's that have already received exemption by the FAA under Section 333

.

These limitations and conditions to which Agmaxx Inc. agrees to be bound when conducting commercial operations under an FAA issued exemption include:

acceptable for sUAS photography operations for the agriculture industry. Applicant submits this manual as a Confidential document under 14 CFR 11.35 (b) as the entire

manual contains proprietary information that the applicant has not and will not share with others. The manual contains operating conditions and procedures that are not available to the public and are protected from release under the Freedom of

Information Act 5 USC 552 et .seq

.Agmaxx: 28706 S Route 7, Garden City, MO 64747 T: (816)773

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Four

Reform Act Section 333 (b).

1. The sUAS will weigh less than 55 lbs.

2. Flights will be operated within line of sight of a pilot and/or observer.

3. Maximum total flight time for each operational flight will be 30 minutes. Flights will be terminated at 25% battery power reserve should that occur prior to the 30

minute limit.

4. Flights will be operated at an altitude of no more than 400 feet AGL.

5. sUAS pilot will be an FAA licensed airman with at least a sports pilot’s certificate.

6. sUAS Pilot will be Pilot in Command (PIC).

7. Pilot will have been trained in operation of UAS generally and received up

- to

date information on the particular UAS to be operated.

8. Written and/or oral permission from the relevant property holders will be obtained.

9. All required permissions and permits w ill be obtained from territorial, state, county or city jurisdictions, including local law enforcement, fire, or other appropriate governmental agencies.

10. If the sUAS loses communications or loses its GPS signal, the UAS will have capability to return to a pre

- determined location within the Security Perimeter and

land.

11. The sUAS will have the capability to abort a flight in case of unpredicted obstacles or emergencies.

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

Subpart H, entitled Airworthiness Certificates, establishes the procedural requirements for the issuance of airworthiness certificates as required by FAR §91.203 (a) (1). Given the size and operating area associated with the aircraft to be utilized by the Applicant, an exemption 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 U.S.C.§44701 (f)) 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 particular UAS. In all cases, an analysis of these criteria demonstrates that the UAS 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.Agmaxx: 28706 S Route 7, Garden City, MO 64747 T: (816)773

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January 14 th , 201 6 Page Five

The sUAS to be operated hereunder is less than 55 lbs. fully loaded, carries neither a pilot nor passenger, carries no explosive materials or flammable liquid fuels, and operates exclusively within a secured area. Unlike other civil aircraft, operations under this exemption will be tightly controlled and monitored by both the operator, pursuant to the Manual’s requirements, and under the requirements and in compliance with local public safety requirements, to provide security for the area of opera tion as is now done with other sUAS's that are already except under Section 333. Lastly, application of these same criteria demonstrates that there is no credible threat to national security posed by the UAS, due to its size, speed of operation, location of operation, lack of explosive materials or flammable liquid fuels, and inability to carry a substantial external load.

14 C.F.R. § 45.23 (b). Marking of the Aircraft

The regulation requires:

When marks include only the Ro man 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 UAS will have no airworthiness certificate, an exe mption may be needed as the UAS will have no entrance to the cabin, cockpit or pilot station on which the

word “Experimental” can be placed or an "N" number filled with the FAA . Given the size of
the sUAV, two

- inch lettering will be impossible. The word “Experimental” will be placed on the fuselage in compliance with §45.29 (f).

The equivalent level of safety will be provided by having the sUAV marked on its fuselage as require d by §45.29 (f) where the pilot and others working with or observers within sight of the sUAV will see the identification of the UAS as “Experimental " or with an appropriate "N" number. The FAA has issued the following exemptions to this regulation

to Exem ptions Nos. 10700, 8738, 10167 and 10167A.

14 C.F.R. § 61.113 (a) & (b): Private Pilot Privileges and Limitations: Pilot in Command.

Sections 61.113 (a) & (b) limit private pilots to non

- commercial operations

. Unlike a

conventional aircraft that carries a pilot, passengers, and cargo, the DJI Phantom 3 and DJI Inspire 1 are remote ly controlled with no passengers or property of others on board. Section 61.133(a) requires an individual with a commercial pilot ’ s license to be pilot in command of any aircraft for compensation or hire. Agmaxx respectfully proposes that operator req uirements should take into account the characteristics of the particular s UAS . The DJI Phantom 3 and DJI Inspire 1 has a high degree of pre

- programmed control and various built

- in technical capabilities that strictly limit the potential for operation outsi de of the operating conditions set forth in the exemption application.Agmaxx: 28706 S Route 7, Garden City, MO 64747 T: (816)773

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The DJI Phantom 3 and DJI Inspire 1 have autonomous navigation and control
systems. Flights are operated manually or autonomously. Flights can be preprogrammed with precision GPS mapping guidance which do not require human intervention. In the case of unplanned events during an autonomous flight, the operator c an manually intervene to take one of the following actions: (i) command the the aircraft to begin to autonomously return to the recovery area and land; (ii) command the aircraft to autonomously return to the recovery area where the pilot will assume contro l and land the aircraft; or (iii) manually assume control of the aircraft via the hand controller and return the craft to the recovery area where the operator

lands it.

Additional automated safety functions and safety enhancing features of th e Phantom 3 and Inspire 1 included the following:

• Low battery power on the aircraft (30%) will begin a visual and audio alert to the operator that the aircraft is low on power.

• Low batter y power on the aircraft (20%) triggers the aircraft to begin going back to the starting location where it will autonomously land

.

• Low battery power on the aircraft (10%) triggers the aircraft to a utonomously land exactly where it is at.

• If the auto

- pilot detects a lost

- connection to the ground control station then the

aircraft w ill autonomously land.

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

The regulation requires that no person may operate a civil aircraft unless it is in airworthy condition. As there will be no airworthiness certificate issued for the aircraft, should this exemption be granted, no FAA regulatory standard will exist for determining airworthiness. Given the size of the aircraft and the requirements contained in the Manual for maintenance and use of safety check lists prior to each flight, as set forth in Sections J, L and Q, an equivalent level of safety will be provided.

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

Section 91.9 (b) (2) 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.

The sUAS, given its size and configuration has no ability or place to carry such a flight manual on the aircraft, not only because there is no pilot on board, but because there is no room or capacity to carry such an item on the aircraft.Agmaxx: 28706 S Route 7, Garden City, MO 64747 T: (816)773

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The equivalent level of safety will be maintained by keeping the flight manua l at the ground control point where the pilot flying the sUAS 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 1070 0.

14 C.F.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 Sections J and K of the Manual. 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.F.R. §91.109: Flight instruction :

Section 91.103 provides 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.

s UASs and remote ly piloted aircraft, by their design do 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 FAA has approved exemptions for flight traini ng 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 provided by the fact that neither a pilot nor passengers will be carried in the aircraft and by the size and speed of the aircraft.

14 C.F.R. §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 prescribed, provided the person operating the helicopter complies with any route or altitudes prescrib ed for helicopters by the FAA. As this exemption is for a sUAS that is a helicopter and the exemption requests authority

to operate at altitudes up to 400 AGL, an exemption may be needed to allow such operations. As set forth herein, except for the limited conditions stated in the Manual, the UAS will never operate at higher than 400 AGL. It will however be operated in a restricted area with security perimeter, where buildings and people will not be exposed to oper ations without their

pre

- obtained consent.Agmaxx: 28706 S Route 7, Garden City, MO 64747 T: (816)773

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January 14 th , 201 6 Page Eight

The equivalent level of safety will be achieved given the size, weight, speed of the UAS as well as the location where it is operated. No flight will be taken without the permission of the property owner or loca l officials. Compared to flight operations with aircraft or rotorcraft weighting far more than the maximum 55lbs. proposed herein and the lack of flammable fuel, any risk associated with these operations is far less than those presently presented with

conv entional aircraft operating at or below 500 AGL

. In addition, the low

- altitude operations of the sUAS will ensure separation between these small

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

14 C.F.R. §91 .121 Altimeter Settings

T his regulation requires each person operating an aircraft to maintain cruising altitude by reference to an altimeter that is set “...to the elevation of the departure airport or an appropriate altimeter setting available before departure.” As the sUAS may not have a barometric altimeter, but instead a GPS altitude read out, an exemption may be nee ded. An equivalent level of safety will be achieved by the operator, pursuant to the Manual and Safety Check list, confirming the altitude of the launch site shown on the GPS altitude indicator before flight.

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

Section 91.151 (a) prohibits an individual from beginning “a flight in an airplane under VFR conditions unless (considering wind and forecast weather conditions) there is enough fuel to fly to the first point of intended landing, and, assuming normal cruising speed

– (1) During the day, to fly after that for at least 30 minutes; or (2) At night, to fly after that for at least 45

minutes.”

The battery powering the sUAS provides approximately 28 minutes of powered flight.

The sUAS cannot meet the reserv e requirement in 14 CFR §91.151. Given the limitations on the UAS’s proposed flight area and the location of its proposed operations within a predetermined area, a longer time frame for flight in daylight or night VFR conditions is reasonable.

Applicant believes that an exemption from 14 CFR §91.151(a) falls within the scope of

p rior exemptions. See Exemption 10673 (allowing Lockheed Martin Corporation to operate without compliance with FAR 91.151 (a)). Operating the small UAS, in a tightly controlled area where only people and property owners or official representatives who have signed waivers will be allowed, with less than 30 minutes of reserve fuel, does not engender the type of risks that Section 91.151(a) was intended to alleviate given the size and speed of the small UAS.Agmaxx: 28706 S Route 7, Garden City, MO 64747 T: (816)773

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Nine

Applicant believes that an equivalent level of safety can be achieved by limiting flights to 23 minutes or 25% of battery power whichever happens first. This restriction would be more than adequate to return the sUAS to its planned landing zone from anywhere in its limited operating

area.

Similar exemptions have been granted to other operations, including Exemptions
2689F, 5745, 10673, and 10808.

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

The 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 appropriat e 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

o r crew.

The UAS fully loaded weighs no more than 55 lbs and is 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 sUAS.

An equivalent level of safety will b e achieved by keeping these documents at the ground control point where the pilot flying the sUAS will have immediate access to them, to the extent they are applicable to the sUAS. The FAA has issued numerous exemptions to this regulation. A representativ e sample of other exceptions includes Exemption Nos. 9565, 9665, 9789, 9789A,
9797, 9797A, 9816A, and 10700.

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

These regulations require 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 repaire d as prescribed in part 43

of this chapter...,” and others shall inspect or maintain the aircraft in compliance with Part 43.Agmaxx: 28706 S Route 7, Garden City, MO 64747 T: (816)773

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Given that these section and Part 43 apply only to aircraft with an airworthiness certificate, these sections will not apply to the applicant. Maintenance will be accomplished by the operator pursuant to the flight manual and operating handbook as referenc ed in the Manual.(See Sections L and Q) An equivalent level of safety will be achieved because these small UASs are very limited in size and will carry a small payload and operate only in restricted areas for limited periods of time. If mechanical issues a rise the UAS can land immediately and will be operating from no higher than 400 feet AGL. As provided in the Manual, the operator will ensure that the UAS is in working order prior to initiating flight, perform required maintenance, and keep a log of any m aintenance performed. Moreover, the operator is the person most

familiar with the aircr aft and best suited to maintain the aircraft in an airworthy condition to provide the equivalent level of safety.

*********

Pursuant to 14 C.F.R. Part 11, the following summary is provided for publication in the Federal Register, should it be determined that publication is needed:

Applicant seeks an exemption from the following rules: 14 C.F.R. §21, subpart H; 14 C.F.R 45.23(b);14 C.F.R. §§ 61.113( a) & (b);91.7 (a); 91.9 (b) (2);91.103(b);91.109; 91.119; 91.121; 91.151(a);91.203(a) and (b); 91.405 (a); 91.407 (a) (1); 91.409 (a) (2); 91.409 (a) (2) and 91.417 (a) & (b) to operate

comme rcially a small unmanned vehicle (55lbs or less) in motion picture and television operations.

The operation of small UASs, weighting less than 55 lbs., conducted in the strict conditions outlined above, will provide an equivalent level of safety supportin g the grant of the exemptions requested herein, including exempting the applicant from the requirements of Part 21 and allowing commercial operations. These lightweight aircraft operate at slow speeds, close to

the ground, and in a sterile environment and

, as a result, are far safer than conventional operations conducted with turbine helicopters operating in close proximity to the ground and people.

Sincerely,

Kent A Kauffman Ag maxx, Inc.