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 and 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 granted, 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 LLC

ATTN: Tyler Landers 

6720 Tennyson Place

Fort Wayne, IN 46835

Email: kinney.landers@gmail.com

Specific 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 manufactures two airframes for uses within agriculture; the Aerial Agriculture FixedWing 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 sUASs, 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 sUASs 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 UASs 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 UAS to be deployed under this petition is less 

than 100 mph.) and, do not pose any 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 other requirements for both 

commercial operations and development of new UAS.

Commercial Operations

Commercial 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 an 
airworthiness exemption for the specific types of sUAS described above in order to carry film and video 

equipment, under all of the conditions and operating limitations outlined below. Aerial Agriculture 

intends to operate these sUAS to provide agriculture services to farmers and crop-service personnel in the 

United States in order to enhance agricultural efficiency. This will increase efficiency by reducing both 

the use of pesticides 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 sUAS 

technology in US agriculture be permitted, especially after the drought and over-watering issues faced 

across the country this season. 

Research 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 designs. Testing these sUAS means 

that access to farms is 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: Experimental 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 

Research & Development: 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 Research & Development to successfully develop safe sUASs. 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 and manufacturers sUAS that are small (less than 2 meters 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 standards provided by 

Section 333 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 sUASs 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 sUASs 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 unmanned 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. Precision monitoring enables better use of expensive

resources, such as water and pesticides.

Aerial Agriculture seeks to commercially operate the Aerial Agriculture Fixed-Wing Drone and the 

Aerial Agriculture Quad in order to achieve 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 UASs) 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 

capability 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 owner. 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 have 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, lost 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, obstacles, 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 UASs or those operating with a special use certificate (Life Flight, fire watch contractors etc.), 

or helicopters. Further risk mitigations include a PIC on all UAS operations, qualified according to the 

below pilot requirements, to avoid aerial conflicts. Further, the proposed UASs will fly only within visual 

line-of-sight of the Pilot in Command (PIC), under VFR conditions, and during daylight hours. 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 additional 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 Aerial Agriculture Safety Manual 

 Have flown and logged a minimum of 100 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 qualification 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 specific 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 Manual. In addition, Aerial 

Agriculture is developing sUAS and sUAS software, so that sUASs 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 necessary 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 sUASs. 

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 this 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 sUASs 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 agricultural 

purposes. By granting our request, there will be reliable, safe, and regulatory 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. 

Precision agriculture, combined with the use of sUASs, has the promise of dramatically increasing 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 pesticide, which greatly benefits the environment.; . This will lead to 

the farming community receiving higher yields at lower costs. These 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 United 

States public as a whole. 

C. How 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 operation 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 and 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 conducted 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. Consistent 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 geographic 

boundaries of the operating area. However, it is anticipated that most Aerial Agriculture
operations 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 exemption 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 

have 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. The PIC and observers will 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 controlled landing at any 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 Agriculture 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 unsafe. 

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 benefits 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 

described 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.com if you have any 

questions or concerns. 

Very Respectfully Yours, 

Tyler Landers

Aerial Agriculture Co-CEO