Petition for Exemption 333

Charles John D’Onofrio Jr.

579 Stocketts Run Rd.

Davidsonville, MD 21035

US Department of Transportation

Docket Management System

1200 New Jersey Ave., SE

Washington, DC 20590

RE: Exemption Request Pursuant to Section 333 of the FAA Modernization and 

Reform Act of 2012 and Part 11 of the Federal Aviation Regulations.

Dear Sir or Madam,

AgroDrone is a general partnership formed under the state laws of Maryland on January 20th, 

2016. I, Charles D’Onofrio, the petitioner, am one of the founding partners of AgroDrone. 

Pursuant to Section 333 of the FAA Modernization and Reform Act of 2012, AgroDrone hereby 

requests authorization for the commercial operation of unmanned aerial systems (UAS) for the 

purpose of aerial photography and agricultural crop and livestock inspection. AgroDrone will 

utilize commercially available DJI Inspire UAS for the extent of its commercial operations. 

AgroDrone will not be conducting closed set movie or TV filming. 

Exemption is necessary for AgroDrone to promote safe UA operations in the NAS. The solutions 

AgroDrone markets to the agricultural community are of great economic value. Similar 

operations using manned aircraft are possible but incur substantially greater cost and pose a 

great danger at low altitude operations. AgroDrone’s utilization of UA for commercial purposes 

instead of manned aircraft will reduce costs to the consumer, add less noise disruption to the 

environment, and reduce the dangers of aviation by employing smaller, slower, and less volatile 

vehicles. For these reasons, an exemption grant will be in the public’s best interest. 

Requested Exemptions:

14 CFR Part 21 Subpart H, 14 CFR Part 45.23(b), 14 CFR Parts 61.101, 61.113(a)(b), 

61.133(a)(1)(ii), 14 CFR Parts 91.7(a), 91.9(b)(2), 91.103(b), 91.109(a), 91.119, 91.121, 91.151, 

91.203(a)(b), 91.215(b), 91.405(a), 91.407(a), 91.409(a)(2), 91.417(a)(b)

Requested Exemptions Explanation:
14 CFR Part 21 Subpart H

Part 21 Subpart H describes the rules and procedures outlining airworthiness. 

Part 21 Subpart H was written in regards to manned aircraft that can cause considerable 

damage in the event of failure. The UA AgroDrone intends to fly weigh no more than 10 

lbs and pose little threat in the event of failure. The size, weight and speed of the DJI 

Inspire provide an equivalent level of safety to Part 21 Subpart H.

14 CFR Part 45.23(b)

Part 45.23(b) outlines the size and placement requirements of the registration numbers 

on the side of aircraft.

The DJI Inspire is too small for Part 45.23(b) to be practically applicable. To provide a 

level of equivalent safety to Part 45.23(b) AgroDrone will apply registration marks where 

practicable, in compliance with Part 45.29(f). 

14 CFR Part 61.101, 61.113(a)(b), 61.133(a)(1)(ii)

Part 61.101, 61.113(a)(b) and 61.133(a)(1)(ii) pertain to the limitations of a private pilot 

with respect to commercial operations of aircraft. These regulations are intended to 

ensure that pilots being paid for their services are adequately trained in aviation.

Small UA do not require the extensive training that is required of a commercial pilot to 

operate in the NAS because small UA pose little risk to public safety. To operate a UA 

with the same level of safety as is prescribed by Parts 61.101, 61.113(a)(b), and 

61.133(a)(1)(ii), the PIC must be familiar with the NAS and have passed the Private Pilots 

Knowledge Test administered by the FAA. The PIC must carry a second class medical as 

well as a valid photo ID issued by the state or federal government. 

14 CFR Part 91.7(a)

Part 91.7(a) states that “No person may operate a civil aircraft unless it is in an 

airworthy condition.” 

To assure the airworthiness of the UA the PIC will conduct pre and post flight 

inspections in accordance to the DJI prescribed checklists. During UA operation the PIC 

will adhere to Part 91.7(b) and cease operation immediately in the event of failure.

14 CFR Part 91.9(b)(2)
Part 91.9(b)(2) requires that operations manuals be available in the aircraft.

To provide a level of safety equal to that prescribed by Part 91.9(b)(2) DJI operations 

manuals will be kept at the GCS and readily available for the PIC. All exemptions and 

authorizations will be available at the GCS. 

14 CFR Part 91.103(b)

Part 91.103(b) describes safe operating procedures pertaining to runway length and 

conditions.

The UA will only take off and land in a clear space free of obstacles under the discretion 

of the PIC as to provide a level of safety equal to that prescribed by Part 91.103(b).

14 CFR Part 91.109(a)

Part 91.109(a) requires that there be dual controls during flight instruction.

The UA does not have dual controls. To provide a level of safety equal to those outlined 

in Part 91.109(a) flight training will not be conducted while commercial operations are 

underway. Flight training will take place on private property in an open and 

unobstructed field under the discretion of the flight instructor. UA are small and slow 

and the motor skills required to fly a UA are far less than those required by manned 

aviation, making it safe to allow flight training without dual control.

14 CFR Part 91.119(a)(b)(c)

Part 91.119(a)(b)(c) establishes minimum safe altitudes for aircraft over congested and 

non-congested areas. 

Part 91.119(a)(b)(c) was written for large manned aircraft that pose a substantial danger 

to people and structures on the ground. Unlike manned aircraft, UA are small and do 

not pose substantial danger to people and structures on the ground, however, UA do 

pose a threat to other aerial vehicles. To provide a level of safety consistent with that 

provided by Part 91.119(a)(b)(c) AgroDrone will avoid collision with manned aircraft by 

remaining below the maximum altitude prescribed by the COA, maintaining VFR, and 

issuing NOTAM’s before conducting UA operations. 

14 CFR Part 91.121

Part 91.121 explains that aircraft must use an altimeter that utilizes barometric pressure 

to determine altitude.
The DJI Inspire does not come equipped with an altimeter that references barometric 

pressure. To provide a level of safety consistent with that of Part 91.121, the DJI Inspire

utilizes the GPS system to track altitude. 

14 CFR Part 91.151

Part 91.151 establishes fuel requirements for VFR flight.

Part 91.151 was written with respect to manned aircraft that require a runway and 

suitable infrastructure for take-off and landing. The DJI Inspire cannot sustain flight for 

more than 20 minutes; however, DJI UA come equipped with a failsafe so that in the 

event of low power the UA can safely land before the battery runs out. Furthermore, DJI 

UA can land at a moment’s notice without the infrastructure required for manned 

aircraft, providing a level of safety consistent with that of part 91.151. 

14 CFR Part 91.203(a)(1)(b)

Part 91.203(a)(1)(b) requires that aircraft maintain a copy of their airworthiness 

certificate in the cockpit or cabin of the aircraft.

DJI UA do not pose a substantial danger to the public in the event of an emergency. For 

this reason, an airworthiness certificate is unnecessary for a DJI UA. To assure the 

airworthiness of the UA the PIC will conduct pre and post flight inspections in 

accordance to the DJI prescribed checklists, providing a level of safety consistent with 

that of Part 91.203(a)(1)(b). 

14 CFR 91.215(b)

Part 91.215(b) describes the airspace in which aircraft must have a Mode C transponder.

DJI UA do not come equipped with a Mode C transponder nor is one implementable on 

an aircraft of this size. To provide a level of safety consistent with that of Part 91.215(b) 

NOTAM’s will be issued by the PIC prior to conducting flight operations. Furthermore, all 

altitude and airport standoff restrictions prescribed by the COA will be obeyed.
14 CFR 91.405(a), 91.407(a), 91.409(a)(2), 91.417(a)(b)

The above listed parts detail the maintenance requirements necessary to keep an 

airworthy aircraft. These parts are written with respect to manned aviation where 

physical failure of the aircraft can result in catastrophic consequences.

Due to the small size of DJI UA, physical failures will not result in major damage or loss 

of life. The maintenance requirements of DJI UA can be performed by the PIC on site

with adherence to DJI manuals. To assure airworthiness and provide a level of safety 

consistent with Parts 91.405(a), 91.407(a), 91.409(a)(2) and 91.417(a)(b) the PIC will 

conduct pre and post flight inspections in accordance to the DJI prescribed checklists. 

Standard Operating Procedures:

When conducting commercial operations AgroDrone will adhere to the following set of 

procedures:

1.) The UAS will weigh less than 55lbs

2.) The UAS will never exceed a speed of 50 miles per hour

3.) The UAS must remain within VLOS of the PIC

4.) Flights will be terminated when the UAS’ battery falls below 15% or has a maximum 

remaining flight time of less than 5 minutes.

5.) Flights will not exceed an altitude of 400 feet AGL

6.) The flight crew must consist of at least two people, the PIC and Safety Officer

7.) A sight review will be conducted prior to flight

8.) The UAS will only fly under VFR conditions

9.) Operations will not come within 5 miles of an Airports Reference Point (ARP)

10.) If operations must come within 5 miles of an uncontrolled ARP, broadcasts will be made 

on the airports common traffic advisory frequency (CTAF) indicating the UA’s altitude, 

direction of flight, distance from the airport, and estimated time of flight

11.) If operations must come within 5 miles of an uncontrolled ARP, the PIC will obey control 

tower commands while reporting the UA’s altitude, direction of flight, distance from the 

airport, and estimated time of flight

12.) All bystanders will be asked to remain at least 100 feet from the operation. Personnel

required within 100 feet will be asked for verbal/written consent

13.) The PIC and Safety Officer will be knowledgeable on the most recent software and 

hardware updates made to the UA

14.) The PIC and Safety Officer must be able to hear each other at all times

15.) All manuals will be onsite at the PIC and Safety Officers disposal
The above list will always be followed; however, AgroDrone’s typical UA operations will 

not exceed a height of 200 feet AGL with a speed no greater than 30 miles per hour as indicated 

by GPS tracking. AgroDrone’s UA operations will never exceed the limitations imposed by the 

COA and will always operate within VLOS under VFR. The UA will not come within 500 feet of a 

cloud and will always remain below cloud cover within VLOS. Before all flights, an extensive 

area survey will be performed to identify any threats to the UA that could pose a safety 

concern. Before the flight, the PIC will issue NOTAM’s to the controlling agencies and perform 

preflight inspection of the aircraft with strict adherence to the DJI operations manual. All nonessential personnel will be asked to leave the area of operation while the UA is in flight. A 

designated Safety Officer will be on sight to assist the PIC with any problems encountered 

during flight. The Safety Officer will be responsible for ensuring all bystanders are at least 100 

feet from the UA during flight. At any time during UA operation the PIC may declare a “sterile 

cockpit” entitling him to silence from anyone in the vicinity so that the PIC may have total focus 

on the situation.

The training of new pilots will be conducted off business hours on private property. 

Pilots in training will have already passed the FAA administered Private Pilots Knowledge Test 

and hold a second class medical and valid state or federal issued identification. Pilots in training 

must show a high level of understanding of DJI systems and show great competency in their UA 

airmanship before they are permitted to fly AgroDrone owned systems for commercial 

purposes. These qualifications will be judged at the discretion of the AgroDrone appointed 

instructor. 

The following DJI manuals will be onsite during all UAS operations. 

1.) Inspire 1 Series Safety Guidelines and Disclaimer V1.2

2.) Inspire 1 Quick Start Guide V2.2

3.) Inspire 1 User Manual V2.0

4.) Inspire 1 Safety Guidelines V1.0

5.) Inspire 1 Intelligent Flight Battery Safety Guidelines V1.2

6.) Charging Hub for Inspire 1 Intelligent Flight Batteries V1.0 

7.) 1345s Quick-Release Propellers for the Inspire 1

8.) Inspire 1 1345 Propeller Locks Quick Start Guide

9.) Inspire 1 Maintenance Manual V1.0