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 April 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 adhere to the terms of TradeCraft LLC. exemption.

AgRecon’s requested exemption would allow operation of small UAS, under 55lbs, at predetermined operation locations. Operation locations are subject to a) Controlled Access, b) 

Property Owner Approval, c) Providing 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 FAA 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 35802
Regulations 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 AgRecon will weigh less 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 with the Reform Act’s safety requirements. UAS platforms outlined in FOM 

performance characteristics 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 and 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 include:

• 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 the 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 manufacturer’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 

certificate.

• 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 Rico, 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 property 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 display on the 

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

Even though the 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 

possible 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 the 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 not 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 

certificate 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 Action
Section §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 requirements 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 used 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 functional 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. Specifically, 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 feet 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 Setting
Section §91.121 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 

altimeter 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. § 91.151 (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 the 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 fuel 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 achieved 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 similarly 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 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. 

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 following 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 research 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