August 15 , 2015

U

. S

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

Dear Sir or Madam:

Aerial Agriculture, LLC ( hereinafter referred to as ‘Aerial Agriculture’) hereby petitions the FAA for regulatory relief pursuant to Section 333 of P.L. 112

– 95 333 and 14 C.F.R. Sec. 11.81 to conduct commercial flights with Aerial Agriculture small unmanned aircraft systems (“sUAS”) and to pursue research a nd development of Aerial Agriculture sUAS within defined areas of operation in rural farmland. Attached, therefore, is a request for exemption from airworthiness and specific Title 14 C.F.R. provisions for the types of sUAS and sUAS operations described in this Section 333 exemption petition. The FAA has issued grants of exemption in circumstances similar in all material respects to those presented in this petition, and we therefore request that our petition be granted

. 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 and 3) controlled. The proposed exemption, if g ranted, would allow Aerial Agriculture
, LLC to conduct commercial operations of sUAS meeting or exceeding all of the operational and safety requirements Congress has set forth in Section 333.

The name and address of the applicant is:

Aerial Agriculture L LC

ATTN: Tyler Landers 6720 Tennyson Place Fort Wayne, IN 46835 Email: kinney.landers@gmail.com

S pecific Sections of 14 C.F.R. from which Aerial Agriculture seeks an exemption

 14 C.F.R. Part 21

 14 C.F.R. 45.23 (b) 14 C.F.R. 61.113(a) and (b)

 14 C.F.R. 91.7 (a)

 14 C.F.R. 91.9 (b) (2)

 14 C.F.R. 91.109

 14 C.F.R. 91.119

 14 C.F.R. 91.121

 14 C.F.R. 91.151(a)

 14 C.F.R. 91.203 (a) & (b)

 14 C.F.R. 91.205 (b) 2

 14 C.F.R. 91.215

 14 C.F.R. (91.401

- 91.417)

Aerial Agriculture manuf actures two airframes for uses within agriculture; the Aerial Agriculture Fixed

Wing Drone and the Aerial Agriculture Quad. The Aerial Agriculture Fixed

- Wing Drone is designed to perform reliably and safely in the agricultural environment . The Aerial Agriculture Quad is a platform designed for use in small areas and for high

- resolution image requirements within precision agriculture. In addition to testing, building, and manufacturing these s UASs, Aerial Agriculture wishes to provide agricultural intelligence and data processing.

This petition seeks authorization to operate the above Aerial Agriculture sUAS platforms described in this petition within remote, restricted

- access areas. These will be operated in rural, solely agricultural areas and will generally fall within conditions of the blanket COA provided with the 333 grant. If there is any other operation, a COA will be sought.

All Aerial Agriculture sUAS operations will be conducted below an altitude of 400 ft. AGL, within specific access

- restricted areas, within Class G airspace , using sUA S s operated only by Aerial Agriculture qualified sUAS pilots, and within the visual line of sight of the operator and observer. These operational limitations are in accordance with both recently granted petitions as well as the Small UAS NPRM release February 15th, 2015. The UA S s that are described in this proposal are generally of small size and weigh less than 55 pounds, move at slow speeds (top speed of a UA S to be deployed under this petition is less than 10 0 mph.) and, do not pose a ny threat to the safety of the NAS, persons on the ground, or national security.

This petition seeks authorization to conduct commercial and R&D flights according to the terms of this petition.

Need for an exemption

Aerial Agriculture requires exemption from 14 CFR airworthiness and oth er requirements for both

commer cial operations and development of new UAS.

Commercial Operation s

Commer c i al operations require an exemption because current FAA regulations do not allow for the commercial use of sUAS lacking airworthiness certificates in the NAS. Aerial Agriculture requests anairworthiness exemption for the specific types of sUAS described above in order to carry film and video

equip ment, under all of the conditions and operating limitations outlined below. Aerial Agriculture intends to operate these sUAS to provi de agriculture services to farmers and crop

- service personnel in the United States in order to enhance agricultural efficie ncy . This will increase efficiency by reducing both the use of pesticide s and water
, helping the environment, while also allowing farmers to spot treat problems within their fields, which will increase crop yields. For the reasons above and for the economic well

- being of the farmers in the United States , it is important that the low

- risk application of s UAS technology in US agriculture be permitted, especially after the drought and over

- watering issues faced across the country this season.

R esearch and Development

In addition to providing commercial data analysis services, Aerial Agriculture designs and manufactures UAS for precision agriculture and therefore needs test and iterate the d esigns. Testing these sUAS means that a ccess to farms i s necessary in order to evaluate the performance of both our aircraft and our sensors. This testing requires real

- world farms , of multiple crop varieties, in order to fully test our aircraft. FAA Order 8130.34C for a Special Airworthiness Certificate: Expe rimental Category does not authorize the necessary variations in aircraft characteristics, systems, or test ranges to meaningfully test these sUAS and to iterate them in an efficient manner . Therefore, in order to gain this useful data about sUAS features to develop a program for safe and efficient sUAS operations, an exemption is required that authorizes R esearch & D evelopment : 1) across a range of Aerial Agriculture models and prototypes, 2) in a variety of locations, and 3) for iterating on the systems, sensors, and airframes on an ongoing basis. Without this exemption the regulatory requirements for a Special Airworthiness Certificate, Experimental Category (SAC

- EC) forbid the necessary R esearch & D evelopment to successfully develop safe sUAS s

. Finally, the SAC

- EC does not authorize commercial operations of the type described above such are required for Aerial Agriculture research and development.

sUAS requests exemptions

Aerial Agriculture designs a nd manufacturers sUAS that are small (less than 2 meter s in its largest dimension), light

- weight (less than 55 lbs. ), slow

- moving (less than 100 mph) and operate close to the ground (< 400 ft. AGL). We believe that Aerial Agriculture sUAS meet all of the standard s provided by Section 33 3 of the FMRA for a UAS to operate safely within the National Airspace prior to the completion of FMRA’s required rule

- making. Section 333 describes seven minimum criteria to determine whether a sUAS may operate safely in the NAS without creating a hazard or posing a threat to national security. These criteria comprise size, weight, speed, operational capability, operation in close proximity to airports, operation in close proximity to people, and operation within visual line of sight. Aerial Agriculture’s sUAS s are of a type and scale that meet these criteria and are equivalent to those for which FAA has recently granted Sec 333 exemptions (see Ex. No. 11136, 11193, 11170, 11194, 11192, 11177, 11166) and, similarly, are not anticipated to create a hazard to users of the National Airspace System (“NAS”), persons on the ground, or pose a threat to national security. Basic characteristics of the Aerial Agriculture s UA S s are summarized below.Aerial Agriculture Intended Use

Aerial Agriculture , LLC. ( Hereinafter referred to as “Aerial Agriculture”) is a drone

- enabled company that aims to provide advanced imaging and analysis for precision agriculture services as well as data solutions for clients who wish to monitor their crops by utilizing these unm anned systems . Aerial Agriculture sUAS solutions simplify and increase the accuracy of data collection in precision agriculture. High

- resolution, high

- frequency crop inspection and monitoring of agricultural farmland can increase yields while also reducing waste to the environment . P recision monitoring enables better use of expensive

resources , such as water and pesticides.

Aerial Agriculture se eks to commercially operate the Aerial Agriculture Fixed

- Wing Drone and the Aerial Agriculture Quad in order to ac hieve the above uses and benefits.

Priority Safety Issues

Disregard for safety is not tolerated within Aerial Agriculture. Priority safety issues and resolution strategies are outlined below. These include sUAS reliability and safe operations, Command and Control lost

- link, and “See and Avoid” (also known as “Detect and Avoid” in the context of UA S s ) requirements.

Reliability, Safety and Operation of sUAS:

Operations in Class G airspace below 400 ft

. AGL 5 Miles or More From an Airport

The region of operations for sUAS is below 400 ft

. AGL, in Class G airspace and 5 miles or more from an airport or otherwise in coordination with ATC. The airspace utilized will only be used with written consent from the underlying property owner. Aircraft separation will be accomplished by flying under VFR rules during the day with a pilot and an observer both of whom are qualified according to Aerial Agriculture . See Pilot Requirements below . In addition, both Aerial Agriculture aerial systems have the

ca pability for fail

- safe mechanisms including automatic return to home, slow descent and auto

- land functions.

Operations in controlled Airspace (B, C, D), Below 400 Ft. AGL This region of operation of sUAS is below 400 ft. AGL, in Class B, C, and D airspace. Two

- way communication with ATC will be established before operations commence or before the sUAS enters controlled airspace. The airspace utilized will only be used with written consent from the underlying property owne r. Aircraft separation will be accomplished by flying under VFR rules during the day with a pilot, who is qualified and current according to the Aerial Agriculture Manual. See Pilot Requirements below. In addition, both Aerial Agriculture aerial vehicles h ave the capability for fail

- safe mechanisms including automatic return to home, slow descent and auto

- land functions.

Command and Control (C2) link failure modes, mitigation strategies.

In addition to the area of operations safe

- guards outlined above, lo st link mitigation is achieved by redundant failure operation, auto

- land, and return

- to

- home to reduce the probability and mitigate the severity of a C2 failure. Risk assessment and mitigation procedures for spectrum interference, as well as weather, obsta cles, and unforeseen events, are detailed in the Aerial Agriculture Safety Manual.14 CFR Sec. 91.113 Right of Way, See and Avoid Requirements

Mitigation for reduced “See and avoid ” capability is that all proposed operations under this petition are at 400 AGL and below. In this near

- surface airspace, the only other legally operating aircraft are other approved UA S s or those operating with a special use certificate (Life Flight, fire watch contractors etc.), or helicopters. Further risk mitigations inclu de a PIC on all UAS operations, qualified according to the below pilot requirements , to avoid aerial conflicts. Further, the proposed UA S s will fly only within visual line

- of

- sight of the Pilot in Command ( PIC ) , under VFR conditions, and during daylight ho urs. We believe that types of sUAS and operations together with the protocols and characteristics outlined in this petition and detailed in the accompanying Aerial Agriculture Manual maintain the current high level of safety in the NAS and do not pose addi tional hazard to any persons and property

. Pilot Requirements

In accordance with the knowledge requirements in Exemption No. 11062, and as described in detail in the Aerial Agriculture Manual, an A PIC must:

 Be qualified and current according to the Aeri al Agriculture Safety Manual

 Have flown and logged a minimum of 10 0 flight cycles and 25 hours of total time as a sUAS pilot for a given category of sUAS (rotorcraft or fixed

- wing) and at least 10 hours logged as a sUAS pilot with a similar UAS type ( single blade or multi

- rotor).

 Have flown and logged a minimum of five hours as UAS pilot with the make and model of the Aerial Agriculture sUAS as well as three take

- offs and landings in the preceding 90 days.

Documentation for pilot and observer qualific ation and currency will be maintained as per the Aerial Agriculture Safety Manual and will be available upon the FAA’s request.

Information Supporting this Petition as Specified in 14 C.F.R. Sec. 11.81

This section responds to the specific requirements of 14 CFR Sec 11.81.

The extent of relief Aerial Agriculture seeks, and the reason Aerial Agriculture seeks the relief A Section 333 exemption is required because current FAA regulations do not allow commercial use of sUAS in the NAS, or for appropriate research and development of sUAS. Aerial Agriculture requests an airworthiness exemption for the specif ic types of sUAS described in this petition to carry sensor packages for commercial applications such as videography and precision agriculture under the conditions and operating limitations outlined below and described in the Aerial Agriculture Safety Manu al. In addition, Aerial Agriculture is developing sUAS and sUAS software, so that sUA S s may fly safely and predictably in the NAS. In order to develop and test these sUAS under the variety of operational conditions that a sUAS will face in the NAS, it is n ecessary to test variations on aircraft characteristics, operating systems, and management systems in different and real

- world test environments. FAA regulations in FAA Order 8130.34C for a Special Airworthiness Certificate: Experimental Category does not authorize the necessary rapid modifications of aircraft characteristics and associated systems to sufficiently and efficiently test these sUAS s

. Therefore, to gain meaningful data about the necessary features for safe and efficient sUAS operations, an exemption is necessary: 1) to operate a range of sUAS models and prototypes, 2) in a variety of locations(subject to the restrictions outlined in th is petition), 3) to be permitted to adjust the systems and airframes

tested on an ongoing basis, and 4) for both research and commercial use. Finally, the exemption is necessary because the SAC

- EC does not authorize commercial operations of the type sought here, which is required for Aerial Agriculture to develop accurate data about the types of sUAS s that are best suited for safe and effective operations.

The reasons why granting Aerial Agriculture ’s request would be in the public interest

The intent of this proposal is to establish a methodology to test sUAS platforms in a variety of environments which will enable the safe and efficient development of commercial sUAS for agr icultural
purposes. By granting our request, there will be reliable, safe, and re gulatory compliant operations of sUAS that will provide economic benefits to stakeholders at every level, both public and private. Lawful aerial robotics will create new employment opportunities and stimulate city and state governments as well as improving agriculture. This will lead to new business opportunities, new interests in research possibilities, and potentially increasing the safety within our country.

P recision agriculture , combined with the use of sUASs, has the promise of dramatically increasin g crop yields by : identifying which crops are ready to be harvested ; reducing farming uncertainty by providing better data to inform yield estimates ; reducing inefficiencies in inputs by identifying precisely where and when crops need to be treated with pe sticide , which greatly benefits the environment. ;

. This will lead to the farming community receiving higher yields at lower costs. T hese are only a few of the many benefits that sUAS enabled precision agriculture will create, and more uses are continually being developed.

Grant of this petition would enable the research and operational development of sUAS to enable the safe and efficient acceleration of these significant public benefits to the American farmers and to the Un ited States public as a whole.

C

. H ow the exemption would provide a level of safety at least equal to that provided by the rule from which Aerial Agriculture seeks the exemption

Aerial Agriculture ’s safety procedures, risk assessments, and flight op eration standards are described below . In brief, the following procedures that apply during operations conducted under this exemption request, establish an equivalent level of safety (ELOS) as follows:

1. The Aerial Agriculture sUAS are less than 55 pounds a nd are battery powered. 2. All Aerial Agriculture sUAS will be U.S. registered and display marks either in accordance with 14 C.F.R. Part 45, Subpart C or approved alternative markings. 3. Aerial Agriculture sUAS operations under this exemption will be conduct ed within the visual line of sight of the pilot operator, at less than 400 feet AGL, and within Class G airspace. In addition, operations in controlled B , C , or D airspace will be conducted in coordination with FSDO and ATC with prior permission. 4. Consiste nt with the recently issued Section 333 Exemption No. 11062 (Astraeus Aerial) and others, Aerial Agriculture operations will be conducted in defined regions and over property authorized for this use by the landowner. All operations will remain within the g eographic boundaries of the operating area. However, it is anticipated that most Aerial Agricultureoperations may be conducted within the limitations of the blanket COA authorization provided

with 333 grants as of 3

– 23

– 2015. 5. sUAS operations under this ex emption will be conducted under the supervision of a designated pilot in command (PIC) who has final responsibility for the operation and in accordance with 14 C.F.R. 91.3. See the Pilot Requirements section above . All sUAS operators and observers must hav e completed training on the normal, abnormal, and emergency procedures in the Aerial Agriculture Safety Manual, and demonstrated proficiency with the sUAS being operated

. 6. Operators and engineers will maintain the sUAS system in a condition for safe operation according to the Aerial Agriculture Manual and associated manufacturer’s maintenance manuals, including pre

- flight and post

- flight inspections. 7. T he PIC and observers w ill maintain situational awareness and perceive, process, and perform risk management prior to and during each operation as described in the Aerial Agriculture Manual. The PIC will terminate the operation in accordance with the Aerial Agriculture Manual if hazards that cannot be acceptably mitigated are observed. 8. sUAS will safely stop operating and either return home or auto

- land at a location along the flight path if the control link is lost. 9. For each sUAS, the PIC will have the ability to force a contro lled landing at a ny time. 10. Only visual line

- of

- sight (“VLOS”) operations will be allowed; the UAS must remain within VLOS of the operator or a visual observer (“VO”). 11. sUAS operations will occur during daylight hours only.

In addition to the above, Aerial A griculture has implemented a Safety Management System. The Aerial Agriculture Safety Manager is responsible for conducting safety audits, investigations, and inspections and is authorized to stop or prohibit any activity or operation which is considered un safe.

Aerial Agriculture seeks this exemption to conduct commercial operations and supporting the research and development of sUAS within restricted

- access areas in the NAS. Without this exemption, sUAS innovation will be suppressed, the public economic b enefits derived from increased sUAS development will be denied, and the Congressional directive to accelerate the integration of UAS into the NAS will be impeded. Aerial Agriculture sUAS physical and operational characteristics are compliant with those des cribed in the FMRA and FAA’s guidance for Sec 333 exemptions. Aerial Agriculture respectfully requests that the FAA grant its petition for exemption from airworthiness.

Please do not hesitate to contact Tyler Landers, via email at Kinney.landers@gmail.co m if you have any questions or concerns.

Very Respectfully Yours,

Tyler Landers

Aerial Agriculture Co

- CEO