October 22 , 2015

US Department of Transportation Docket Management System 1200 New Jersey Ave., SE Washington DC 20590

Dear Sir or Madam:

Pursuant to Section 333 of the FAA Modernization and Reform Act of 2012 and 14 C.F.R Part 11, AgRecon an operator of Unmanned Aircraft Systems (“UASs”) for agricultural research and image collection, hereby applies for an exemption from the Federal Aviation Regulations (“FARs”) to allow commercial operation of small UASs.

On or about April 1 through Apri l 8, 2015, the FAA granted exemption to several UAS operators, including TradeCraft LLC (Exemption Number 11303 ) . As outlined in the AgRecon Flight Operations Manual (the “FOM”), submitted separately to this Section 333 exemption request, AgRecon will adh ere to the terms of TradeCraft LLC. exemption

.

AgRecon ’ s requested exemption would allow operation of small UAS, under 55lbs, at pre

determined operation locations. Operation loc ations are subject to a) Controlled Access, b) Property Owner Approval, c) P roviding a Greater Level of Safety than a manned aircraft performing the same operation. As established by the exemptions already granted by the FAA, approval of AgRecon’s exemption would enhance safety and fulfill the Secretary of Transportation’s (the F AA Administrator’s) responsibilities to “...establish requirements for the safe operation of such aircraft in the national airspace system.” Section 333(c) if the
Reform Act.

The name and address of the applicant is:

AgRecon Attn: Skyler Courtney Email: agrispatial.recon@gmail.com
Address: 1221 Pratt Ave NE Huntsville, AL 35802Regulations from which the exemption is requested:

14 C

. F

. R

. Part 21

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

14 C.F.R. Part 61.113 (a) and (b)

14 C.F.R. Part 91.7

14 C.F.R. 91.103

14 C.F.R. 91.109 (a)

14 C.F.R. 91.119

14 C.F.R. 91.121

14 C.F.R. 91.151 (a)

14 C.F.R. 91.405 (a)

14 C.F.R. 407 (a) (1)

14 C.F.R. 409 (a) (2)

14 C.F.R. 417 (a) & (b)

UASs operated by Ag Recon will weigh les s than 55 pounds including payload . UASs operated by AgrRecon will operate at a speed of less than 87 knots (100 miles per hour). UASs operated by AgRecon will operate at an altitude of no more than 400 feet above ground level. UASs operated by AgRecon will operate within Visual Line of Site (VLOS) of the Pilot in Command (PIC) and Visual Observer (VO). UASs operated by AgRecon will perform
maintenance in accordance with manufacturers operation manuals and inspect each aircraft prior to operation. Such operation restrictions will insure AgRecon UAS operations will “not create a hazard to users of the National Airspace System or public.”

Given the lightweight , low speed, and controlled environment of UAS operations AgRecon will comply wi th the Reform Act’s safety requirements. UAS platforms outlined in FOM performance char acteristics and safety systems combined with the limited areas in which operations will be performed present no danger to national security. Based upon the
substantial level of safety surrounding the proposed operations, and the significant public benefit (enhanced safety), reduction in environmental impacts (reduction in noise and carbon footprint), the grant of requested exemption is in the public interest.

UASs an d Equivalent Level of Safety

AgRecon’s proposed operations of UAS provide at least an equivalent or higher level of safety in operations of agricultural research and image collection than offered by manned aircraft. As outlined in the FOM, limitations in clude:

• The UAS will weight less than 55 pounds. Payload and energy system included.

• The UAS will operate at speeds of less than 87 knots (100 miles per hour)• The UAS will operate at an altitude of no more than 400 feet above ground level.

• The UAS will operate in VLOS (Visual Line of Sight) of the PIC (Pilot in Command) and

VO (Visual Observer)

.

• UASs that have had maintenance performed shall undergo a Functional Test Flight prior to any operation. Functional Test Flights are performed by the PIC and VO at a minimum distance of 500 feet from other people.

• Minimum crew required for UAS operation include the PIC, VO and Payload / Camera Operator (PCO).

• AgRecon will not allow the PIC to operate UASs unless the PIC demonstrates the ability to safely operate t he UAS in a manner consistent with how the UAS will be operated under this proposed exemption.

• Prior to each flight, the PIC must conduct a pre

- flight inspection and determine the UAS is in condition for safe flight.

• AgRecon will follow the UAS manufactur er’s maintenance, overhaul, replacement, inspection, and life limit requirements for the aircraft and aircraft components.

• UAS operations will not be conducted at night.

• AgRecon will not operate UASs within 5 nautical miles of an Airport Reference Point ( ARP) unless a letter of agreement with the airport’s management is obtained.

• Maximum flight duration for each operational flight will conclude at 25% fuel reserve.

• AgRecon UASs PIC will be an FAA licensed airman holding a minimum of a sport pilot
certifica te.

• AgRecon UASs PIC will hold a current FAA airman medical certificate or a valid U.S. driver’s license issues by a state, the District of Columbia, Puerto Ri co, a territory, a possession, or the Federal Government.

• AgRecon UASs PIC is a registered member of the AMA.

• AgRecon UASs may not be operated less than 500 feet below or less than 2,000 feet horizontally from a cloud or when visibility is less than 3 statute miles from the PIC.

• All operations shall be conducted over private or controlled

- access prop erty with permission from the property owner/controller or authorized representative. Permission from property owner/controller or authorized representative will be obtained for each flight to be conducted.

14 C.F.R § 45.23(b)

– Displays of Marks; general

The Regulation requires:

When marks include only the Roman capital letter “N” and the registration
number is displayed on limited, restricted, light

- sport category aircraft or experimental or provisionally certified aircraft, the operator must also disp lay on the aircraft near each entrance to the cabin, cockpit, or pilot station, in letters not lessthan 2 inches nor more than 6 inches high, the words “limited”, “restricted”, “light

sport”, “experimental”, or “provisional”, as applicable.

Even though th e UAS will have no airworthiness certificate, an exemption may be needed as the UAS will have no entrance to the cabin, cockpit, or pilot station on which the word “Restricted” can be placed as required by the provision. Two

- inch lettering also is not

pos sible given the overall size of the proposed UAS vehicles. AgRecon, therefore, requests an exemption to display the word “Restricted” in contrasting color of letters that are of reasonable size on the fuselage in compliance with § 45.299(f).

The equivalent level of safety will be achieved by having the UAS marked with contrasting color of letters that are of reasonable size lettering on its fuselage because the pilot, observer, and others working with the sUAS will have the identification of t he aircraft as “Restricted”. The FAA has issued similar exemptions to this regulation, including to Pioneer
Hi

- Bred International, Inc., Exemption No. 10810; Raytheon Missile Systems/Advanced Programs, Exemption Nos. 10167 and 8738; and Trimble Navigation Limited, Exemptions No.
10700 and 11042.

14 C.F.R § 61.113(a) and (b)

– Private Pilot Privileges and Limitations: Pilot in Command

Section §61.133 (a) and (b) limit private pilots to non

- commercial operations. Because the sUAS will not carry a pilot or passenger, the proposed operations can achieve an equivalent level of safety of current operations by requiring the PIC operating the sUAS to have a private pilots license rather than a commercial pilots license to operate a sUAS.
Because the sUAS will no t operate with passengers on board, in a controlled and restricted area with advanced planning, it is believed by AgRecon, that an individual with a private pilots license has an equivalent level of safety as an individual holding a commercial pilots
certi ficate in a conventional aircraft. The risks associated with operating a sUAS are so much smaller than the level of risk associated with commercial operations contemplated by Part 61 that allowing a sUAS operated by a private pilot as the PIC exceeds the present level of safety sought by 14.C.F.R §61.113(a) and (b).

14 C.F.R. § 91.7 (a) and (b)

- Civil aircraft airworthiness

Sections 91.7 (a) and (b) prohibit operation of a civil aircraft unless it is in airworthy
condition. TradeCraft LLC requests an exemption from this regulation because the Inspire would not operate with an airworthiness certificate under the proposal set forth in this filing. Given the size of the aircraft and requirements contained in the Manual for maintenance and use of safety check lists prior to each flight, as set forth in in the operators manual, an equivalent level of safety will be provided.

14 C.F.R § 91.103

– Pre

- Flight ActionSection §91.103 requires each pilot to preflight an aircraft before flight to ensure the safety of the flight. As FAA approved flight manuals will not be used, an exemption is requested. The PIC will take all actions to review weather, flight duration requirements, landing and takeoff distances, and aircraft performance requiremen ts prior to commencement of flight to ensure an equivalent level of safety will be provided.

14 C.F.R. § 91.109(a)

- Flight Instruction

Section 91.109 (a) provides that no person may operate a civil aircraft (except a manned free balloon) that is being us ed for flight instruction unless that aircraft has fully functioning dual
controls.

The sUAS vehicles proposed are a remotely piloted aircraft, and, by design, it 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. Completing instruction through the AgRecon training program will ensure an equivalent level of safety.

The FAA has approved exemptions for flight training without fully functi onal dual controls for a number of aircraft and for flight instruction in experimental aircraft. See Exemption Nos.
5778K and 9862A.

14 C.F.R § 91.119

- Minimum Safe Altitudes

Section 91.119 establishes safe altitudes for operation of civil aircraft. Sp ecifically, Section 91.119 (c) 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 f eet to any person vessel, vehicle, or structure.

As set forth herein, the AgRecon sUAS will never operate at higher than 400 feet AGL. Because agriculture, aerial survey work, and aerial imagery must be accomplished at relatively low altitudes, i.e. less than 500 feet AGL, an exemption from Section 91.119(c) is needed.

The equivalent level of safety will be achieved given the size, weight speed, and material with which the Inspire is built. Also, no flight will be taken without the permission of the land owner or the party controlling the land. With advance notice to the landowner, all affected individuals will be aware of agriculture, survey, and aerial imagery. Compared to similar operations conducted with conventional aircraft or rotorcraft, which weigh thousands of pounds and carry flammable fuel, any risk associated with these operations will be far less than those currently allowed with such conventional aircraft operating at or below 500 feet

AGL.

14 C.F.R § 91.121

– Altimeter SettingSection §91.12 1 requires each PIC operating an aircraft to maintain a cruising altitude by
reference to an altimeter that is set “...to the elevation of the departure airport or appropriate altimeter setting before departure.” As a sUAS may not have a barometric
altimete r but instead use GPS altitude data, an exemption is needed. An equivalent level of safety will be achieved by the operator, pursuant to the FOM, confirming the altitude of the operation site shown on the GPS altimeter display before flight.

14 C.F.R. § 9 1.151 (b)

- Fuel Requirements for Flight in VFR Conditions

Section 91.151 (b) prohibits an individual from beginning “a flight in a rotorcraft under VFR conditions unless (considering wind and forecast weather conditions) there is enough fuel to fly to th e first point of intended landing and, assuming normal cruising speed, to fly after that
for at least 20 minutes.

AgRecon’s sUASs battery provides between 10 and 40 minutes of powered flight. Without an exemption from 14 C.F.R. §91.151, the AgRecon’s sUAS flights would not be possible or only be allowed to fly for 20 minutes. Given the limitations on its proposed operations and the location of those proposed operations, a lesser reserve for flight in VFR conditions is
reasonable.

AgRecon believes that an exemption from 14 C.F.R. § 91.151 (a) is safe and consistent with the scope of a prior exemption. See Exemption 10673 (allowing Lockheed Martin Corporation to operate without compliance with 91.151 (a)). Operating the sUAS without 20 minutes of
reserve fue l does not engender the type of risks that Section 91.151 (a) was meant to prevent. Given its weight and construction material, the risks are less then contemplated by the current regulation.

AgRecon believes that an equivalent level of safety can be achi eved by maintaining 3 minutes of reserve fuel would be more than adequate to return the UAS to its planned landing zone from anywhere in its visual line of site operating area.

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

14 C.F.R § 91.405 (a); 91.407 (a) (1); 91.409 (a) (2); 91.417 (a)

- Maintenance inspections

Section 91.405 (a) requires that an aircraft operator or owner “shall have that aircraft inspect as prescribed in subpart E of this part and shall between required inspections, excepts as provided in paragraph (c) of this section, have discrepancies repaired as prescribed in part 43 of this chapter.” Section 91.407 s imilarly makes reference to requirements in Part 43; Section 91.409 (a) (2) requires an annual inspection for issuance of an air worthiness certificate. Section 91.417 (a) requires that an owner or operator keep records showing certainmaintenance work tha t has been accomplished by certificated mechanics, under Part 43, or licensed pilots and records of approval of the aircraft for return to service.

Maintenance of AgRecon’s sUASs will be accomplished by AgRecon pilots pursuant to the manuals provided by the sUAS manufacturer. An equivalent level of safety will be achieved because the proposed sUASs are small in size, and will operate only in predetermined areas,
and are not a complex mechanical device. With the combined use of the sUAS’s
manufacturers operator’s and maintenance manual and AgRecon’s Commercial sUAS FOM

, the PIC of the sUAS will ensure that it is in safe working order prior to initiating flight, AgRecon pilots will perform required maintenance, and keep a log of any maintenance that is performed. Moreover, the PIC , prior to all flights will ensure the aircraft is safe for flight, which will provide an equivalent level of safety.

Summary for Publication:

AgRecon seeks an exemption from the followin g rules:

14 C.F.R. § 21; 45.23 (b); 61.113 (a) and (b); 91.7 ; 91.103; 91.109 (a); 91.119 ; 91.121; 91.151 (a); 91.405 (a); 407 (a) (1); 409 (a) (2); and 417 (a) & (b) to commercially operate a small unmanned vehicle (55 pounds or less) in agricultural rese arch and image collection operations.

Based upon the foregoing, AgRecon requests that the FAA grant it the necessary exemptions under Section 333 of the FAA Reform ACT and 49 U.S.C. §44701(f) of the Federal Aviation Act as requested herein to allow commercial operations of AgRecon’s sUAS aircraft within the
continental United States and its territories.

Sincerely,

Signature:

Name: Skyler Courtney

Title: President

Date: 12/16/2015