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 gene ral partnership formed under the state laws of Maryland on January 20 th

, 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 inspect ion. AgroDrone will utilize commercially available DJI Inspire UAS for the extent of its commercial operation s

. 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 re asons, 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, 9 1.121, 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 wr itten in regards to manned aircraft that can cause consi derable 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 operati on 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)

Pa rt 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 c onducted 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 airc raft 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 structure s 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

i ssuing 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 do es n ot come equipped with an altimeter that references barometric

pressure. To provide a level of safety consist ent with that of Part 91.121, the DJI Inspire
utilize s 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 th e 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 reaso n, 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 operation s . 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 saf ety 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 wil l not exc eed 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 A irports 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 ) indic ating the UA ’ s altitude, direction of flight, distance from the airpor t, 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 report ing the UA ’ s altitude, direction of flight, distance from the airpor t, and estimated time of flight 12.) All bystanders will be asked to remain at lea s t 100 feet from the operation. Personnel

r equired within 100 feet will be asked for verbal/written consent 13.) The PIC and S afety 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 ea ch other at all times 15.) All manuals will be onsite at the PI C and Safety Officers disposalThe abo ve 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 with in VLOS. Before all flights

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

concern. B efore the fli ght, 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 non

essential personnel will be asked to leave the area of operation while the UA is in fli ght. A designated Safety O fficer will be on sight to assist the PIC with any problems encountered during flight. The Safety O fficer will be responsible for ensuri ng all bystanders are at least 1 00 feet from the UA during flight

. At any time during UA opera tion 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 traini ng 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 t raining must show a high level of understanding of DJI system s and show great compet ency 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 Guid elines 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