March 2nd, 2016

U.S. Department of Transportation

Federal Aviation Administration

Docket Management System

1200 New Jersey Ave SE

Washington, DC 20590

Re: Ziegler Inc. – Petition for Exemption

Dear Sir or Madam:

Pursuant to Section 333 or the FAA Modernization and Reform Act of 2012 (FMRA) and 14 C.F.R. Part 11, 

Ziegler Inc. (Ziegler) seeks an exemption from the Federal Aviation Regulations to permit commercial 

operation of small Unmanned Aircraft Systems (UAS) to perform various tasks including:

 Aerial surveying and mapping

 Inspection and monitoring of large equipment

 Product demonstration

The seven UAS proposed for use by Ziegler are the Trimble UX5, Trimble UX5HP, Trimble ZX5, Sensefly 

eBee, Sensefly eXom, AgEagle (Raven) RX60, and the 3DR (AGCO) solo. Ziegler’s UAS operations will be 

conducted under the safeguards described in this petition and as may be further established by the FAA.

Ziegler is a dealer of the full line of Caterpillar construction equipment, generators, and trucks in 

Minnesota and Iowa. Ziegler Ag Equipment represents the Challenger, LEXION, White Planters, 

Sunflower, and RoGator/TerraGator brands of agricultural equipment in Minnesota, Iowa, Wisconsin, 

and Missouri. Ziegler was founded in 1914 and is family owned and operated. Ziegler employs nearly 

1,800 people in 27 communities throughout the four states.

Ziegler‘s vision statement is “to satisfy customers with innovative solutions that set the standard of 

value in the markets we serve.” Ziegler seeks to expand our operations to include UASs to provide our 

customers with the most advanced technology available in the market.

Ziegler requests an exemption from the following regulations to the extent necessary to conduct the 

proposed UAS tasks listed above: 

 14 C.F.R 21

 14 C.F.R 61.133(a)(b)

 14 C.F.R. 91.7(a)

 14 C.F.R. 91.119

 14 C.F.R 91.151(a)

 14 C.F.R Subpart E (91.401-91.417)
The exemption would authorize commercial operation of Ziegler UASs. These operations would be 

subject to strict operating requirements defined by the UAS user manuals specific to each UAS 

proposed. Ziegler UASs would be operated under controlled conditions in low altitude airspace that is 

(1) access limited; (2) predetermined and (3) located sufficient distances from congested areas and 

airports, and would provide safety enhancements to operations using conventional aircraft. Ziegler’s 

UASs are small, weighing 55 lbs or less, and under normal circumstances will be operated at speeds of 

50 knots or less, and under no circumstance will be operated at speeds exceeding 87 knots. 

Grant of the exemption to Ziegler for the proposed UASs will be subject to the following operating 

conditions:

1. The UAS will weigh less than 55 pounds, including payload.

2. The UAS will not be flown at a ground speed exceeding 50 knots.

3. Flights will be operated at an altitude of no more than 400 feet above ground level (AGL), as 

indicated by the procedures specified in the Manual. All altitudes reported to ATC will be in feet 

AGL.

4. Operations for the purpose of closed-set motion picture and television filming are not 

permitted. 

5. The UAS will be operated within visual line of sight (VLOS) of the pilot in command (PIC) and/or 

the visual observer (VO) at all times.

6. When operations utilize a VO, the PIC will always maintain VLOS capability and the VO and PIC 

will be able to communicate verbally at all times.

7. Prior to each operation, the PIC will inspect the UAS to ensure it is in a condition for safe flight. 

If the inspection reveals a condition that affects the safe operation of the UAS, it will not be 

operated until the necessary maintenance had been performed and the UAS is found to be in a 

condition safe flight. All maintenance and alternations will be documented in the UAS records. 

8. Ziegler will follow the manufacturer’s UAS maintenance, overhaul, replacement, inspection and 

life limit requirements.

9. The PIC will possess a current FAA airman medical certificate or a valid U.S. driver’s license. The 

PIC will be training in accordance with the Manual, and will undergo training to ensure that he 

or she can follow these procedures. 

10. Prior to conducting commercial operations under this exemption the PIC will assess the 

intended operating area, including weather and any potential obstacles, and determine 

procedures in case of emergency.

11. The UAS will not be operated within 500 feet of any nonparticipating persons, vessels, vehicles, 

or structures unless the PIC has made a safety assessment of the risk of operating closer to 

those objects and determined that it does not present an undue hazard.

12. If the UAS loses communications of loses its GPS signal, the PIC will institute emergency 

procedures in accordance with the Manual. 

13. The UAS will not be operated unless it has enough available power to conduct the intended 

operation and return, or with the reserve power recommended by the manufacturer, whichever 

is greater.

14. Ziegler will obtain a Certificate of Waiver of Authorization (COA) prior to conducting any 

operations above 200 feet AGL under the exemption. 

15. All UAS operated in accordance with the exemption will be identified by serial number, 

registered in accordance with 14 C.F.R. Part 47, and have identification (N-Number) markings in 

accordance with 14 C.F.R Part 45, Subpart C. Markings will be as large as possible. 
16. Ziegler has developed procedures to document and maintain a record of the UAS maintenance, 

preventative maintenance, alterations, status of replacement/overhaul component parts, and 

the total time in service of the UAS, as reflected in the Manual. 

17. Each UAS operated under this exemption will comply with all manufacturer Safety Bulletins. 

18. The preflight inspection section described in the Manual will account for all discrepancies (i.e. 

inoperable components, items or equipment).

19. Ziegler’s use of radio frequency spectrum for operation and control of the UAS will comply with 

the Federal Communications Commission (FCC) or other appropriate agency requirements. 

20. The documents required under Sections 91.9 and 91.203 will be available to the PIC at the 

ground control station of the UAS any time the aircraft is operating. These documents will be 

made available to FAA or any law enforcement official upon request. 

21. The UAS will remain clear and yield the right of way to all manned operations and activities at all 

times. 

22. UAS operations will not be conducted at night, as defined in Section 1.1. All operations will be 

conducted under visual meteorological conditions (VMC).

23. The UAS will not be operated from any moving device or vehicle. 

24. The UAS will not be operated less than 500 feet below or less than 2,000 feet horizontally from a 

cloud or when visibility is less than three statute miles from the PIC.

25. The UAS will not operate within five nautical miles of an airport reference point (ARP) as 

denoted in the current FAA Airport/Facility Directory (AFD) or for airports not denoted with an 

ARP, the center of the airport symbol as denoted on the current FAA-published aeronautical 

chart, unless a letter of agreement with that airport’s management is obtained or otherwise 

permitted by a COA issued to Ziegler. The letter of agreement with the airport management will 

be made available to FAA and any law enforcement official upon request. 

26. Any accident or flight operation that transgresses the lateral or vertical boundaries of the 

operational area defined by the applicable COA will be reported to FAA’s UAS Integration Office 

(AFS-80) within 24 hours and the National Transportation Safety Board (NTSB), as applicable.

Authorizing Ziegler to conduct commercial operations using UAS would result in significant public 

benefits. UASs provide a safer alternative to utilizing a manned aircraft to perform the tasks identified 

above. Ziegler serves the mining, construction, agriculture and energy industries; industries that would 

increase their level of safety using a UAS to conduct survey and inspection operations typically 

conducted by a manned aircraft or by placing humans in hazardous conditions. UAS are also a more 

efficient and cost effective method of performing these operations. 

Based on the size, weight, speed, operating capabilities, proximity to airports and populated areas, 

operation within VLOS, etc. the proposed Ziegler UASs meet an equivalent level of safety. Ziegler’s 

petition provides for adequate justification for granting the requested exemption allowing commercial 

operation of UASs. Please don’t hesitate to contact with any questions. 

Sincerely,

Tim Hoeft

Ziegler Inc. 

Product Manager, Precision Ag and Construction Technology

901 West 94th St 

Bloomington, MN 55420

Phone: 952-885-8256
Enclosure
The following sections describe Ziegler’s request from an exemption from each of the regulations listed 

herein and demonstrate how Ziegler’s operations will provide for at least an equivalent level of safety 

compared to the current regulatory structure that applies to manned aircraft. 

14 C.F.R Part 21, Subpart H Airworthiness Certificates

14 CFR § 91.203 (a)(1)

Section 91.203 requires all civil aircraft to have a certificate of airworthiness. Part 21, Subpart H, 

establishes the procedural requirements for the issuance of airworthiness certificates as required by § 

91.203 (a). Given the size of the UASs and the limited operational area, 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 11 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 UAS 

involved. An analysis of these criteria demonstrates that the UASs operated under without an 

airworthiness certificate, under the conditions proposed herein, will be at least as safe, or safer, than a 

conventional aircraft with an airworthiness certificate. All of the Ziegler UASs weigh less than 7.5 lbs.

They will not carry a pilot, passenger or flammable fuel. UAS operation will be in a pre-determined area 

with landowner approval. The operation will be monitored and controlled by the operator. 

14 C.F.R. § 61.113(a) and (b); 61.133(a) Private Pilot Privileges and Limitations; Pilot in Command; 

Commercial Pilot Privileges and Limitations

The regulation provides that no person may serve as a required pilot flight crewmember of a civil aircraft 

of the United States, unless that person:

(1) Has a pilot certificate or special purpose pilot authorization issued under this part in that 

person’s physical possession of readily accessible in the aircraft when exercising the privileges of 

that pilot certificate or authorization...

The regulation also provides that no person that holds a private pilot certificate may act as pilot in 

command of an aircraft for compensation or hire. Subparagraph (b) allows a private pilot to act as pilot 

in command of an aircraft in connection with any business or employment if:

(1) The flight is only incidental to that business or employment;

(2) The aircraft does not carry passengers or property for compensation or hire.

Given these safety features of the Ziegler UASs and the fact that the missions are pre-programmed and 

monitored in real time with a specific flight management software, Ziegler proposes that operators of 

the UASs should not be required to hold a commercial or private pilot certification. UASs operators 

should be required to have a sport or recreational pilot license (at least) and have successfully passed a 

manufacturer’s training program for the UAS. 

14 C.F.R. § 91.7(a) Civil aircraft airworthiness
Section 91.7(a) prohibits any person from operating a civil aircraft unless it is in an airworthy condition. 

FAA has stated that no exemption is required for 14 C.F.R § 91.7(a) to the extent that the airworthiness 

certificate requirements of Part 21 are waived or inapplicable. Such airworthiness certificate 

requirements are inapplicable here, insofar as Ziegler UASs provide an equivalent level of safety when 

compared to conventional aircraft.

14 C.F.R. § 91.119 Minimum Safe Altitudes

Section 91.119 establishes safe altitudes for operation of civil aircraft. Specifically, the regulation limits 

aircraft flying over areas other than congested areas to an altitude of 500 feet above the surface, except 

over open water or sparsely populated areas. In those cases, the aircraft may not be operated closer 

than 500 feet to any person, vessel, vehicle, or structure. Since the Ziegler UASs will be operating at a 

maximum of 400 feet AGL, Ziegler cannot comply with this requirement. 

The equivalent level of safety will be achieved because the Ziegler UASs will only be flown over private 

property with the permission of the landowner. The operator will define the radius and flight ceiling 

prior to each flight. The landowner and any persons on the ground in the area will be briefed on the 

expected route and associated risks to persons and property on the ground. Due to the small size of the 

Ziegler UASs and the material in which they are constructed, the hazards to persons, vessels, vehicles 

and structures in not comparable to conventional aircraft and should be considered in granting the 

exemption. The Ziegler UASs will not be operated over congested areas or over any open-air assembly 

of persons. 

14 C.F.R. § 91.151(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 – (1) During the day, to fly after that for at least 

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

Ziegler will be operating a less than 55 pound UAS in a controlled environment at speeds below 50 knots

and within the VLOS. Ziegler will not conduct operations unless the UAS has enough available power to 

complete the intended mission and return and will also follow the conditions set forth in the operating 

conditions listed above. The Ziegler UASs also have low battery warnings in which the UAS will not take 

off without adequate battery power. In the event of a low battery warning during flight operations, the 

Ziegler UASs have emergency landing program options to utilize during flight in order to maintain safety. 

14 C.F.R Subpart E (91.401-91.417) Maintenance, Preventative Maintenance, and Alterations

This regulation provides that the operator is primarily responsible for maintaining the aircraft in an 

airworthy condition, including compliance with Parts 39 and 43. Paragraphs 91.407 and 91.409 require 

the aircraft be “approved for return to service by a person authorized under 43.7” after maintenance 

and inspection. Section 91.409 requires the owner or operator to keep records showing certain 

maintenance work that has been accomplished by certified mechanics, under Part 43, or licensed pilots 

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

The maintenance of the Ziegler UASs will be completed by the operator and in accordance with the 

associated operations and maintenance manual. The operator is the person most familiar with the 
aircraft and is best suited to maintain the aircraft to ensure it is in airworthy condition and an equivalent 

level of safety is achieved. The operator will maintain a log of any maintenance that is performed. An 

equivalent level of safety will be achieved because the Ziegler UASs are small in size, will only be 

operated in restricted pre-determined areas, is not a complex mechanical device and does not carry any 

external payload. The Ziegler UASs also complete a series of pre-flight tests to make sure that every 

sensor and critical part is operating correctly. If a problem is detected, the UAS will not operate and an 

error message will display.