{00052557;10}

UNITED STATES OF AMERICA 

DEPARTMENT OF TRANSPORTATION 

FEDERAL AVIATION ADMINISTRATION 

WASHINGTON, DC

Regulatory Docket No. _

IN THE MATTER OF THE PETITION FOR EXEMPTION OF: 

AGERPOINT, INC.

FOR AN EXEMPTION SEEKING RELIEF FROM THE REQUIREMENTS OF 

TITLE 14 OF THE CODE OF FEDERAL REGULATIONS

SECTIONS 21.185, 45.23(b), 61.113 (a) & (b), 91.7(a), 91.9(b), 

91.103, 91.121, 91.119, 91.203(a) & (b), 405(a), 407(a)(1), 

409(a)(2), AND 417(a) & (b)

CONCERNING OPERATION OF AN UNMANNED AIRCRAFT SYSTEM 

IN THE NATIONAL AIRSPACE

PURSUANT TO SECTION 333 OF THE

FAA MODERNIZATION AND REFORM ACT OF 2012

Submitted on February 5, 2015

Adam Thorngate-Gottlund

The Royse Law Firm

1717 Embarcadero Road

Palo Alto CA 94303

Tel: (650) 813-9700

Fax: (650) 813-9777

Attorney for Petitioner
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TABLE OF CONTENTS

Page

GLOSSARY OF ABBREVIATIONS .................................................................................3

SUMMARY.........................................................................................................................4

BACKGROUND .................................................................................................................5

BASIS FOR PETITION ......................................................................................................6

NAME AND ADDRESS OF PETITIONER.................................................................8

REQUESTED EXEMPTIONS................................................................................8

GRANTING AGERPOINT’S REQUEST WOULD BE IN THE PUBLIC 

INTEREST....................................................................................................................24

SUMMARY THAT CAN BE PUBLISHED IN THE FEDERAL REGISTER...........27

CONCLUSION..................................................................................................................28
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GLOSSARY OF ABBREVIATIONS

AGL Above Ground Level

ATC Air Traffic Control

COA Certificate of Authorization

FAA Federal Aviation Administration 

FAR Federal Aviation Regulation NAS

National Airspace System

PIC Pilot In Command

Section 333 FAA Modernization and Reform Act of 2012, Section 333

SMS Safety Management System 

UAS Unmanned Aircraft System

VFR Visual Flight Rules

VMC Visual Meteorological Conditions
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SUMMARY

AGERpoint, Inc. seeks exemption from the requirements of 14 C.F.R. §§ 45.23(b), 61.113 

(a) and (b), 91.7(a), 91.9(b), 91.103, 91.121, 91.119, 91.203(a) and (b), 405(a), 407(a)(1), 

409(a)(2), 417(a) and (b), as well as the restricted category airworthiness certification standards 

specified in 14 C.F.R. § 21.185, including the requirement to have a certificate of airworthiness as 

contemplated by 14 C.F.R. Part 21. AGERpoint, Inc. (hereinafter referred to as “AGERpoint”) is 

an agricultural consulting company that provides crop inventory and analysis to growers of 

permanent crops (e.g. tree, bush and vine crops). AGERpoint is in the process of acquiring a UAV 

Factory Penguin B Unmanned Aerial Vehicle Platform (hereinafter referred to as the “Penguin B 

UAV Platform”), functionally identical to Unmanned Aerial Vehicles (“UAVs”) used by the 

United States Defense Department, as well as various research institutions, in order to provide 

these services. This exemption will permit AGERpoint to operate this Unmanned Aircraft System

(“UAS”) safely over certain rural areas of the national airspace (the “NAS”), in order to collect 

data which will be used for early stage disease detection, crop inventory and mapping using 

instruments including LiDAR, Multispectral, hyperspectral, photographic and thermal sensors 

which require low altitude and low speed collection of data – something the UAS is uniquely 

qualified to do – without complying with FAA regulations which would be impossible for a UAS 

or preclude the operations AGERpoint contemplates.
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BACKGROUND

A. Unmanned Aircraft System: Penguin B UAV Platform

AGERpoint seeks an exemption to operate a Penguin B UAV Platform for compensation or

hire within the NAS. The Penguin B UAV Platform is comprised of an unmanned aircraft and a

transportable ground station. The Penguin B UAV Platform has a maximum takeoff weight of 

approximately 47 pounds, a wingspan of 130 inches, and a length of 89 inches. The Penguin B 

UAV Platform unmanned aircraft is equipped with a single propeller driven by a small gasoline

powered internal combustion engine.

Figure 1: The Penguin B UAV Platform unmanned aircraft.
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B. Safe Operational History of the Penguin B UAV Platform unmanned aircraft 

in the NAS

The Penguin B UAV has operated safely within the NAS as a research platform for 

a variety of organizations, including (but not limited to) Virginia Tech, California State 

University, Texas A&M, Kansas State University, the United States Naval Research Labs, 

and the United States Air Force. The Air Force alone has logged over 100 hours of flight 

time with the Penguin B UAV over three years in service, representing 66 total sorties, of 

which 38 took place during 2014. 

BASIS FOR PETITION

Petitioner, AGERpoint, Inc., by and through undersigned counsel, pursuant to the 

provisions of the Federal Aviation Regulations (14 C.F.R. § 11.61) and the FAA

Modernization and Reform Act of 2012, Section 333, Special Rules for Certain Unmanned 

Aircraft Systems (hereafter “Section 333”), hereby petitions the Administrator for an 

exemption from the requirements of 14 C.F.R. §§ 45.23(b), 61.113 (a) and (b), 91.7(a), 

91.9(b), 91.103, 91.121, 91.119, 91.203(a) and (b), 405(a), 407(a)(1), 409(a)(2), and 417(a) 

and (b), as well as the restricted category airworthiness certification standards specified in 

14 C.F.R. § 21.185, including the requirement to have a certificate of airworthiness as 

contemplated by 14 C.F.R. Part 21. In accordance with Federal Aviation Regulation

(“FAR”) Section 21.16, Special Conditions (14 C.F.R. § 21.16), AGERpoint further

requests that, to the extent necessary, the Administrator prescribe such special conditions for

the intended operation of the Penguin B UAV Platform as the Administrator finds necessary

to establish a level of safety equivalent to that established by the restricted category

airworthiness certification standards specified in 14 C.F.R. § 21.185, including the 

requirement to have a certificate of airworthiness as contemplated by 14 C.F.R. Part 21.

The FAA Modernization and Reform Act of 2012, Section 333 directs the Secretary
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of Transportation to determine if certain UAS may operate safely in the NAS. 

AGERpoint’s request for exemption may be granted pursuant to the authority of Section 

333 and 14 C.F.R. Part 11. Section 333 sets forth the requirements for considering whether a

UAS will create a hazard to users of the NAS or the public or pose a threat to national 

security; and further, provides the authority for such UAS to operate without airworthiness 

certification. Section 333 states the following:

(a) In General.--Notwithstanding any other requirement of this subtitle, and not 

later than 180 days after the date of enactment of this Act, the Secretary of 

Transportation shall determine if certain unmanned aircraft systems may operate 

safely in the national airspace system before completion of the plan and rulemaking 

required by section 332 of this Act or the guidance required by section 334 of this 

Act.

(b) Assessment of Unmanned Aircraft Systems.--In making the determination 

under subsection (a), the Secretary shall determine, at a minimum--

(1) which types of unmanned aircraft systems, if any, as a result of their size, weight, 

speed, operational capability, proximity to airports and populated areas, and 

operation within visual line of sight do not create a hazard to users of the national 

airspace system or the public or pose a threat to national security; and

(2) whether a certificate of waiver, certificate of authorization, or airworthiness 

certification under section 44704 of title 49, United States Code, is required for the 

operation of unmanned aircraft systems identified under paragraph (1).

(c) Requirements for Safe Operation.--If the Secretary determines under this section 

that certain unmanned aircraft systems may operate safely in the national airspace

system, the Secretary shall establish requirements for the safe operation of such 

aircraft systems in the national airspace system.

As discussed in detail below, under AGERpoint’s program the Penguin B UAV 

Platform will operate safely in the NAS without creating a hazard to users of the NAS, or

the public, or otherwise pose a threat to national security.

Pursuant to 14 C.F.R. § 11.81, AGERpoint provides the following information in 

support of its petition for exemption:
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A. Name And Address Of The Petitioner.

The name and address of the Petitioner is: 

AGERpoint, Inc.

P.O. Box 1810

Daytona Beach, FL 32115

The point of contact for this Petition and specific contact information is 

as follows:

Adam Thorngate-Gottlund, Esq. 

The Royse Law Firm

1717 Embarcadero Road

Palo Alto CA 94303

Tel: (650) 813-9700

Fax: (650) 813-9777

Email: adamtg@rroyselaw.com

B. Sections Of 14 C.F.R. From Which AGERpoint Seeks Exemption, And The 

Extent Of The Exemption.

1. The Certification Standards Specified In Section 21.185 and Part 21.

In accordance with the FAA Modernization and Reform Act of 2012, Section 333, and 

14 C.F.R. § 21.16 entitled Special Conditions, AGERpoint seeks to exempt the Penguin B 

UAV Platform from the restricted category airworthiness certification specified in 14 C.F.R. 

§ 21.185, or the requirement to have a certificate of airworthiness issued, as contemplated by

14 C.F.R. Part 21. Section 21.185 entitled Issue of airworthiness certificates for restricted 

category aircraft, states in part:

(a) Aircraft manufactured under a production certificate or type certificate. An 

applicant for the original issue of a restricted category airworthiness certificate for

an aircraft type certificated in the restricted category, that was not previously type

certificated in any other category, must comply with the appropriate provisions of § 

21.183.

AGERpoint seeks relief from the airworthiness certificate requirements and proposes 

to commercially operate the Penguin B UAV Platform without an airworthiness certificate

for the special purpose of providing crop inventory and analysis. AGERpoint seeks relief 
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from the airworthiness certificate requirements of 14 C.F.R. § 21.185 to the extent that the 

Penguin B UAV Platform, which has not yet been type certificated by the FAA, may be

operated as if it were a restricted category aircraft for a single, defined, special purpose

operation (i.e., agricultural surveying). Operation of the Penguin B UAV Platform will not 

create a hazard to users of the NAS, or the public, or otherwise pose a threat to national 

security.

Section 333 sets forth the requirements for considering whether a UAS will create

a hazard to users of the NAS or the public or pose a threat to national security. Further, 

Section 333 provides the authority for such UAS to operate without airworthiness 

certification. Specifically, Section 333 states the following, in part:

(b) Assessment of Unmanned Aircraft Systems.--In making the determination 

under subsection (a), the Secretary shall determine, at a minimum--

(1) which types of unmanned aircraft systems, if any, as a result of their size, weight, 

speed, operational capability, proximity to airports and populated areas, and 

operation within visual line of sight do not create a hazard to users of the national

airspace system or the public or pose a threat to national security; and

(2) whether a certificate of waiver, certificate of authorization, or 

airworthiness certification under section 44704 of title 49, United States Code, 

is required for the operation of unmanned aircraft systems identified under 

paragraph (1).

As set forth further below, numerous factors, particularly the physical characteristics 

of the Penguin B UAV, the operational history of the Penguin B UAV Platform in the NAS, 

as well as the specific parameters of AGERpoint’s intended operation pursuant to this 

exemption, demonstrate that the Penguin B UAV Platform will operate safely in the NAS

without creating a hazard to other aircraft or people on the ground. Accordingly, the FAA

may approve operation of the Penguin B UAV Platform, without an airworthiness certificate, 

by setting forth specific operating limitations to ensure a level of safety equivalent to what 

would be provided by airworthiness certification.
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AGERpoint submits that the Penguin B UAV Platform can operate safely in the NAS, 

and will not create a hazard to other aircraft or people on the ground. Accordingly, the FAA

may approve its use without an airworthiness certificate as demonstrated by: (i) the safe

operational history and current use of the Penguin B UAV Platform in the NAS; (ii) the

characteristics of the Penguin B UAV Platform; (iii) the limited area of AGERpoint’s 

intended operation (i.e. only over private land in rural areas with the prior consent and 

coordinated planning of the landowner); (iv) the licensed pilot requirement; (v) the specific 

operating limitations; and (vi) any other conditions that the Administrator may prescribe.

i. The Penguin B UAV Platform Has A History Of Safe Operation In

The NAS.

The Penguin B UAV has operated safely within the NAS as a research platform for 

a variety of organizations, including (but not limited to) Virginia Tech, California State 

University, Texas A&M, Kansas State University, the United States Naval Research Labs, 

and the United States Air Force. The Air Force alone has logged over 100 hours of flight 

time with the Penguin B UAV over three years in service, representing 66 total sorties, of 

which 38 took place during 2014. 

ii. The Specifications Of The Penguin B UAV Platform Demonstrate

Its Safe Characteristics.

The Penguin B UAV Platform does not create a hazard to users of the NAS or

the public, or otherwise pose a threat to national security considering its size, weight, 

speed, or operational capability. The specifications of the Penguin B UAV Platform are

as follows:
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Unmanned Aircraft

System

The Penguin B UAV is an Unmanned Aircraft System that is 

comprised of an unmanned aircraft and a transportable ground

station.

Unmanned Aircraft

Dimensions

Wingspan: 130 in. Length: 89 in.

Engine

(Propulsive

Unit)

Engine (Propulsive Unit)

Manufacturer: 3W-modellmotoren

http://www.3w-modellmotoren.com/katalog/motoreneinzylinder-28/3w-28i.html

28cc gas 2-stroke engine

Muffler system

3.35 HP 

electronic spark

APC 16x15 propeller

Unleaded gasoline with 2-stroke oil mixture

Reverse rotation to utilize tractor propellers 

Generator

Manufacturer: UAV Factory

150W max

Belt driven.

Fuel Unleaded gasoline with 2-stroke oil mixture

Engine (Propulsive Unit) 

Limits

Maximum Power Output: 3.35 HP

Maximum RPM: 8,500 RPM

Maximum Motor Temperature: 250 °F (121 °C)

NOTE: The motor temperature is not displayed to the 

operator.

Propeller and

Propeller Limits

Manufacturer: APC

Fixed pitch tractor 16x15 or 17x10 (Diameter x Pitch)

Max RPM: 9,000

Backup Battery

Command & 

Control

Manufacturer: various

Lipo 3S 3,000 mah
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Airspeed Limits Vne (Never Exceed Speed) 68 knot (35 m/s)

Vno (Maximum Structural Cruising Speed) 43 knots (22 m/s) 

Va (Maneuvering Speed) 43 knots (22 m/s)

Landing Speed: 25 knots (13 m/s)

C.G.

Range

.25 inches fore or aft from datum

Datum Marked on aircraft

Mean Aerodynamic

Chord (MAC)

13 in. long with leading edge 21.2 in. from nose

Leveling Means Not Applicable.

Maximum Weights Ramp 47 lbs. 

Takeoff 47 lbs. 

Landing 47 lbs.

Empty Weight 22 lbs.

NOTE: Empty Weight Excludes weight of battery and 

payload modules.

Frequencies 902-928 MHz (ISM Band)

420-450 MHz (ISM Band)

NOTE: Telemetry uplink and downlink are on the 900 Mhz

band. C2 uplink and downlink are on the 400 Mhz band.

Computer Software APM Mission Planner
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Minimum Crew (1) The Penguin B UAV Platform can be operated by a single 

operator.

Number of Seats (0) Not Applicable.

Fuel Capacity 7.5 gallons maximum

Oil Capacity Not Applicable.

Max. Operating Altitude 10,000 ft. AGL (3040 M)

Control Surface

Movements

Wing Flaps Down 45 

Aileron Up 30° Down 30° 

“V” tail elevator action Up 60° Down 60° 

“V” tail rudder action Up 60° Down 60° 

“V” tail max. combination

Rudder elevator action Up 60° Down 60°

Nominal Endurance 10 hours

Ambient Outside Air

Temperature (OAT)

Maximum OAT: 120 °F (49 °C)

Minimum OAT At Altitude: -20 °F (-29 °C)

Wind Limitation 15 knots steady, 5 knots gusts

Maintenance This Penguin B UAV Platform must be maintained in accordance

with the Penguin B UAV Maintenance Operation Manual, or later 

FAA accepted revision.
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iii. Flight Operations Pursuant To The Exemption Sought 

Would Be Limited To Rural Areas over Private Land.

AGERpoint proposes to only conduct aerial survey flight operations over privately 

held land in rural areas, and to undertake certain procedures if a flight near to airports,

helipads, or state roads is planned. Specifically, AGERpoint’s proposed flight operations

are by their nature limited to rural areas that are:

1. Private land with consent having been received from the landowner and plans 

implemented as to any persons or structures on the ground within the flight area;

2. Not within five (5) miles of any airport or helipad, except with the prior approval of 

the relevant FAA and/or ATC offices;

Furthermore, all flight operations will be conducted such that the energy of the UAS as defined 

by a 2:1 glide slope is never directed outside the boundaries of the consenting landholder’s 

land, and never directed over any state road. 

In summary, AGERpoint seeks to operate its Penguin B UAV Platform only over rural 

areas, while maintaining safe distances from any populated areas, airports, helipads, or major 

roadways.

iv. Flight Operations Of The Penguin B UAV Platform Are Limited

To The Line Of Sight Of A Certificated Pilot in Command.

AGERpoint will only utilize Pilots in Command (PIC) who have successfully taken and 

passed the FAA written private pilot knowledge test, who also have a valid driver’s license or 

third class medical certificate, in order to certify their health. The pilot must have 200 takeoffs 

and landings, and 25 hours of flight time on the Penguin B. The PIC must meet the 

requirements as set forth by the Standard Operating Procedures adopted by AGERpoint for

flight operations of the Penguin B UAV Platform. 
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v. Flights Will Be Conducted Pursuant To Specific Operating 

Limitations.

In seeking this exemption, AGERpoint proposes to operate the Penguin B UAV 

Platform, for the special purpose of conducting aerial surveys for early stage disease 

detection, crop inventory, and mapping, pursuant to the following specific operating

limitations:

1. Flight operations are permitted only over defined areas of private land.

2. The Penguin B UAV Platform will be operated at or below 400 ft. above ground

level (AGL).

3. The Penguin B UAV Platform shall be operated within two miles, and within line

of sight, of the pilot in command.

4. The Penguin B UAV Platform shall be operated pursuant to Day Visual Flight 

Rules (VFR) in visual meteorological conditions (VMC). The Penguin B UAV 

Platform shall be operated only during daylight hours (i.e. between the end of

morning civil twilight and the beginning of evening civil twilight, as published in 

the American Air Almanac, converted to local time).

5. The duration of each flight shall not exceed 8 hours, or 80% of the Penguin B 

UAV Platform’s nominal endurance.

6. The Penguin B UAV Platform shall operate from on-site takeoff/landing locations 

directly next to the pilot in command.

7. Operations shall be conducted by certificated PICs who have completed training, 

checking, currency, and recency of experience requirements as approved by the

FAA Administrator.

8. Operation of the Penguin B UAV Platform with any inoperative instruments or 

equipment shall be prohibited.

9. The Penguin B UAV Platform shall be maintained in accordance with the 

Manufacturer’s Maintenance Manual.

10. Prior to flight operations, AGERpoint shall coordinate and establish two way 

communications with the nearest Air Traffic Control facility, if located within five 

miles of the survey area.

11. All flight operations will be conducted such that the energy of the UAV as defined 
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by a 2:1 glide slope is never directed outside the boundaries of the consenting 

landholder’s land, and never directed over any state road.

vi. Additional Operating Limitations May Be Prescribed By The FAA.

In accordance with Section 333 of the FAA Modernization and Reform Act of 2012 14 

C.F.R. § 21.16, the Administrator may prescribe special conditions for the intended operation 

of the Penguin B UAV Platform in order to establish a level of safety equivalent to that 

established by Section 21.185. Likewise, the Administrator may prescribe special conditions 

if the airworthiness regulations of 14 C.F.R. Part 21 do not contain adequate or appropriate 

safety standards due to the novel or unusual design features of the aircraft. 

Section 21.16, entitled Special Conditions, states the following:

If the FAA finds that the airworthiness regulations of this subchapter do not

contain adequate or appropriate safety standards for an aircraft, aircraft engine, 

or propeller because of a novel or unusual design feature of the aircraft, aircraft 

engine or propeller, he prescribes special conditions and amendments thereto for

the product. The special conditions are issued in accordance with Part 11 of this 

chapter and contain such safety standards for the aircraft, aircraft engine or 

propeller as the FAA finds necessary to establish a level of safety equivalent to that 

established in the regulations.

See 14 C.F.R. § 21.16.

AGERpoint requests that, to the extent necessary, the FAA prescribe such special 

conditions for AGERpoint’s intended operation of the Penguin B UAV Platform as will 

establish a level of safety equivalent to that established by Section 21.185, and 14 C.F.R. Part 

21, which will permit safe operation of the Penguin B UAV Platform for the special purpose

of conducting aerial surveys without an airworthiness certificate.

2. The Display Requirements Of Section 45.23(b).

AGERpoint seeks an exemption from 14 C.F.R. § 45.23(b). Section 45.23 entitled

Display of marks; general, subsection (b), states the following:

(b) When marks include only the Roman capital letter "N" and the registration 
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number is displayed on limited, restricted or light-sport category aircraft or

experimental or provisionally certificated aircraft, the operator must also display on 

that 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," 

"light-sport," "experimental," or "provisional," as applicable.

AGERpoint requests relief from the requirement of Section 45.23(b), if applicable, 

that the word “Restricted” be displayed on the Penguin B UAV Platform near each entrance

to the cabin, cockpit, or pilot station. As the Penguin B UAV Platform is unmanned, it has no 

cabin, cockpit, pilot station, or entrances thereto. Therefore, AGERpoint proposes that, if 

required by the Administrator, the word “Restricted” be displayed in letters two (2) inches

high, horizontally on both sides of the fuselage between the leading edge of the wing and the

nose section of the Penguin B UAV Platform.

This exemption would maintain the level of safety established by Section 45.23(b) 

because if required, displaying the word “Restricted” with two (2) inch high letters, 

horizontally on both sides of the fuselage between the leading edge of the wing and the nose

section of the Penguin B UAV Platform, will inform all parties of the unmanned aircraft’s 

overall operating status in compliance with size requirement of Section 45.23(b) (i.e., 

“letters not less than 2 inches . . . high”). By placing the letters horizontally on both sides of 

the fuselage between the leading edge of the wing and the nose section of the Penguin B 

UAV Platform, will ensure that the word “Restricted” is the in most visible location, so that 

all parties will be informed of the unmanned aircraft’s overall operating status. 

The FAA has previously granted exemptions in circumstances similar, in all 

material respects, to those presented herein (e.g., Exemption Nos. 8737, 10167, 10167A, 

10700, 10810).

3. The Private Pilot Privilege and Limitations of Section 61.113 (a) and (b).

Section 61.113 (a) & (b) limit private pilots to non-commercial operations. Because the 
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Penguin B UAV will not carry a pilot or passengers, the proposed operations will achieve the 

same level of safety of current operations by requiring the PIC operating the aircraft to have

passed the FAA written private pilot knowledge test. Unlike a conventional commercial 

aircraft, the Penguin B UAV is remotely controlled without the ability to carry humans or cargo 

apart from its instruments and fuel. By definition, AGERpoint’s operation of the UAV will be 

in a controlled, restricted area and subject to flight plan restrictions as set forth in this 

application, supplemented by such Special Conditions as the Administrator may require. This 

level of safety is greater than that provided by a single individual holding either a commercial 

or a private pilot’s certificate operating a conventional aircraft. The risks associated with the 

operation of the Penguin B UAV Platform are so much smaller than the level of risk associated 

with conventional aircraft in general, and specifically with commercial operations 

contemplated by Part 61 when it was drafted, that allowing operations of the Penguin B UAV 

with a private pilot as PIC exceeds the present safety achieved by Section 61.113 (a) & (b).

4. The Civil Aircraft Airworthiness Requirement of Section 91.7(a).

Section 91.7(a) requires that no person may operate a civil aircraft unless it is in 

airworthy condition. As there will be no airworthiness certificate issued for the Penguin B 

UAV if this exemption is granted, no FAA regulatory standard will exist for determining 

airworthiness. Given the size of the aircraft and the limitations on operations set out in this 

application and in any Special Conditions required by the FAA, an equivalent level of safety 

will be achieved as under the regulation.

5. The Manual Requirement Of Section 91.9(b).

AGERpoint seeks an exemption from 14 C.F.R. § 91.9(b). Section 91.9 entitled

Civil aircraft flight manual, marking, and placard requirements, subsection (b) states the 

following:
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(b) No person may operate a U.S.-registered civil aircraft--

(1) For which an Airplane or Rotorcraft Flight Manual is required by § 21.5 of this 

chapter unless there is available in the aircraft a current, approved Airplane or

Rotorcraft Flight Manual or the manual provided for in § 121.141(b); and

(2) For which an Airplane or Rotorcraft Flight Manual is not required by § 21.5 of this 

chapter, unless there is available in the aircraft a current approved Airplane or 

Rotorcraft Flight Manual, approved manual material, markings, and placards, or any

combination thereof.

Relief is requested because the Penguin B UAV Platform weighs approximately

forty seven (47) pounds at its maximum gross weight and cannot carry the approved

Airplane Flight Manual onboard. Furthermore, since the Penguin B UAV Platform is 

unmanned, the aircrew member is located at a ground control station. As such, 

AGERpoint proposes the following conditions and limitations to its request for exemption 

from Section 91.9(b):

The approved Airplane Flight Manual must be kept at the ground control station,

where it is immediately available for reference by the aircrew member (pilot in 

command) of the Penguin B UAV Platform any time the unmanned aircraft is 

operating.

The approved Airplane Flight Manual must be made available within 10 days to any FAA, U.S. 

Department of Defense, or law enforcement official upon request.

This exemption would maintain the level of safety established by Section 91.9(b)

because AGERpoint will keep the approved Airplane Flight Manual at the ground control 

station where the pilot in command flying the Penguin B UAV Platform will have immediate 

access to the document.

Previous exemptions granted by the FAA concerning Section 91.9(b) establish that 

safety is not adversely affected when the approved Aircraft Flight Manual is kept at the

ground control station of a UAS, where it can be immediately accessed by the pilot in 

command. Section 91.9(b) “requires aircraft to carry the flight manual so the pilot would 
{00052557;10} 20

have ready access to the aircraft limitations while in flight.” Exemption No. 8607. However, 

the FAA has also found that UAS will always be operated without any passengers or crew 

onboard, and that “requiring these special-use aircraft [UAS] to carry superfluous paper 

documents may present a safety hazard to the integrity of the [UAS].” Id.

The FAA has previously granted exemptions in circumstances similar, in all 

material respects, to those presented herein (e.g., Exemption Nos. 8607, 8737, 8738, 9299,

9430, 9554, 9564, 9565, 10167, 10602, 10673, 10835, 10869, 10968).

6. The Preflight Action Requirement of Section 91.103.

Section 91.103 requires each PIC to take certain actions before flight to ensure the 

safety of the flight. As FAA approved flight manuals will not be provided for the Penguin B 

UAV Platform, an exemption will be necessary. An equivalent level of safety will be provided 

by following the preflight procedures set forth at Exhibit A hereto.

7. The Altimeter Settings Requirement of Section 91.121.

Section 91.121 requires each person operating an aircraft to maintain cruising altitude 

by reference to an altimeter which is set “... to the elevation of the departure airport or an 

appropriate altimeter setting available before departure.” The Penguin B UAV will not be 

equipped with a barometric altimeter, but with a DGPS system nominally accurate to within 0.2 

degrees of its programmed heading and about one centimeter of its programmed horizontal 

position which will be integrated into the Penguin B UAV Platform; therefore an exemption 

will be necessary. An equivalent level of safety will be achieved by the operator pursuant to the 

preflight procedures set forth at Exhibit A hereto.

8. The Minimum Safe Altitude Requirements of Section 91.119.

Section 91.119 establishes safe altitudes for operation of civil aircraft. Subsections (b) 

and (d) are, either by the terms of AGERpoint’s planned operations or by the nature of the 
{00052557;10} 21

Penguin B UAV, inapplicable here. Subsection (c) allows for operation at less than 500 feet 

AGL “over open water or sparsely populated areas” such as those where AGERpoint will 

conduct its operations, although “aircraft may not be operated closer than 500 feet to any 

person, vessel, vehicle, or structure.” In order to successfully collect agricultural data, 

AGERpoint may need to operate the Penguin B UAV within 500 feet of people, vessels, 

vehicles, or structures. As set forth in this Application, AGERpoint’s operations will only take 

place with the prior consent and cooperative planning of all people and owners of vessels, 

vehicles, or structures permitted onsite during operation. Coordination will be done with 

property owner and onsite farm manager.

The equivalent level of safety will be achieved given the size, weight, and speed of the 

Penguin B UAV, as well as the locations where it will be operated. No flight will be taken 

without the prior permission of all parties this Section aims to protect. All affected individuals 

will be made aware of the planned flight operation. Compared with the flight operations of 

conventional aircraft weighing several orders of magnitude more than the Penguin B UAV, any 

risk associated with AGERpoint’s operations is far lower than similar operations with 

conventional aircraft. In addition, this exemption will permit separation between AGERpoint’s 

operations and those of conventional aircraft.

9. The Certifications Requirements Of Sections 91.203(a) and (b).

AGERpoint seeks an exemption from 14 C.F.R. § 91.203(a) and (b). Section 

91.203 entitled Civil aircraft: Certifications required, subsections (a) and (b) state the 

following:

(a) Except as provided in § 91.715, no person may operate a civil aircraft unless it

has within it the following:

(1) An appropriate and current airworthiness certificate. [....]
{00052557;10} 22

(2) An effective U.S. registration certificate issued to its owner or, for operation 

within the United States, the second copy of the Aircraft registration Application as 

provided for in § 47.31(c), or a registration certification issued under the laws of a

foreign country.

(b) No person may operate a civil aircraft unless the airworthiness certificate 

required by paragraph (a) of this section or a special flight authorization issued 

under § 91.715 is displayed at the cabin or cockpit entrance so that it is legible to 

passengers or crew.

The Penguin B UAV Platform is unmanned; it has no cabin, cockpit, pilot station, or

entrances thereto. The aircrew member is located at a ground control station and no 

passengers can be carried. As such, AGERpoint proposes the following conditions and

limitations to its request for exemption from Sections 91.203(a) and (b):

The documents required by Sections 91.203(a) and (b) must be kept at the ground

control station, where it is immediately available to the aircrew member (pilot in 

command) of the Penguin B UAV Platform any time the unmanned aircraft is 

operating.

The documents required by 91.203(a) and (b) must be made available within 10 days to any

FAA, U.S. Department of Defense, or law enforcement official upon request.

This exemption would maintain the level of safety established by Sections 91.203(a) 

and (b) because AGERpoint will keep the required documents at the ground control station 

where the pilot in command flying the Penguin B UAV Platform will have immediate 

access.

Previous exemptions granted by the FAA concerning Sections 91.203(a) and (b)

establish that safety is not adversely affected when the Airworthiness Certificate and U.S. 

registration certificate are kept at the ground control station of the UAS, where it can be

immediately accessed by the pilot in command. Specifically, the FAA has held that the intent 

of Sections 91.203(a) and (b) is better served by having the required documents in the control 

of the UAS operator (pilot in command), reasoning as follows in Exemption 8607:
{00052557;10} 23

The original intent of the subject regulation was to display the airworthiness and 

registration documents so they would be easily available to FAA inspectors and 

passengers for inspection and verification of the airworthiness and registration of

the aircraft . . . In this case, the aircraft will always be operated without any

passengers or crew.

The missions for which UASs are intended will prevent the aircraft from being

available for the inspections normally prescribed for civil aircraft. Further, it will 

be operated on strictly confined missions from a known departure and arrival point, 

under the constant control of a pilot-in-command. We also find that requiring these

special-use aircraft to carry superfluous paper documents may present a safety

hazard to the integrity of the [UAS].

FAA operating limitations and special arrangements with Air Traffic Control (ATC) 

for surveillance of [UAS] flights adequately compensate for the requirements for

carrying airworthiness and registration documents. We find the intent of the 

regulation is better served by having the required documents in the control of the

aircraft operator and available for inspection under the special conditions 

prescribed in this exemption.

The FAA has previously granted exemptions in circumstances similar, in all 

material respects, to those presented herein (e.g., Exemption Nos. 8607, 8737, 8738, 9299, 

9564, 9565, 10167, 10602, 10673, 10835, 10869, 10968).

10. The Maintenance and Inspections Requirements of Sections 405(a), 

407(a)(1), 409(a)(2), and 417(a) and (b).

These Sections require than an aircraft operator or owner have the aircraft regularly 

inspected and maintained according to established standards, and maintain certain records of 

the same. Because they only apply to aircraft with airworthiness certificates, these sections will 

not apply to AGERpoint. 

Nonetheless, equivalent levels of safety will be obtained through the small physical 

characteristics of the Penguin B UAV, as well as maintenance provided by the operator 

pursuant to rigorous recordkeeping in an Aircraft Maintenance Logbook (provided as Exhibit 

A). If mechanical issues arise, the UAV can land immediately. As provided in Exhibit B, the 

operator will ensure that the UAV is in working order prior to initiating flight and perform 
{00052557;10} 24

required maintenance. This will best achieve the goals of these sections, since the operator will 

be most familiar with the UAV and best suited to maintain it in an airworthy condition.

C. Granting AGERpoint’s Request Would Be In The Public Interest.

Granting the present Petition will further the public interest by allowing AGERpoint

safely, efficiently, and economically to perform aerial crop inventory and analysis in support 

of any organization which might require it, including government entities, agriculture

producers and other businesses, scientific researchers, wildlife conservationists, and forestry

professionals. Additionally, use of the Penguin B UAV Platform will decrease congestion of

the NAS, reduce pollution, and provide significant benefits to the economy. These benefits

will be realized without implicating any privacy issues.

1. The Public Will Benefit From The Aerial Surveys And Research

Performed.

AGERpoint submits this Petition to perform aerial crop inventory and analysis in 

support of any organization which might require it, including government entities,

agriculture producers and other businesses, scientific researchers, wildlife conservationists, 

and forestry professionals. The data gathered will be used for early stage disease detection, crop 

inventory and mapping. According to the USDA Economic Research Service, agriculture and 

agriculture-related industries accounted for 4.8% of the U.S. GDP in 2012, totaling $775.8 

billion. The Penguin B UAV Platform will provide safe, efficient, and economical means for 

gathering data which can help improve food production efficiency, yield, and safety, all of

which are critical to the well-being of the general public.

2. AGERpoint’s Operations Will Decrease Congestion Of The NAS.

The Penguin B UAV Platform serves as a safe, efficient, and economical alternative

to the manned aircraft which would otherwise be necessary to gather this data. By reducing
{00052557;10} 25

the amount of manned aircraft needed to perform aerial surveys, an exemption allowing the 

use of a Penguin B UAV Platform would reduce the amount of manned aircraft in the NAS, 

reduce noise and air pollution, as well as increase the safety of life and property in the air 

and on the ground.

Furthermore, by reducing the number of manned aircraft operating in the NAS, 

congestion around airports caused by arriving and departing aircraft will be reduced. The

Penguin B UAV Platform does not require an airport to takeoff or land. Likewise, a

reduction of manned aircraft conducting aerial survey missions would result in a lower 

burden on air traffic control during the ground, takeoff, departure, arrival, and landing 

phases of flight operations.

3. The Environment Will Benefit From The Safety And Efficiency Of The

Penguin B UAV Platform.

Conducting aerial surveys with the Penguin B UAV Platform instead of manned 

aircraft will benefit the public by reducing the levels of air and noise pollution generated 

during traditional flight operations. By using a small gasoline engine burning around one 

gallon per hour, the Penguin B UAV Platform produces substantially less air pollution than 

the six cylinder internal combustion twin engine aircraft that are typically utilized for aerial 

surveys, while burning approximately 20-30 gallons per hour of leaded aviation fuel. The

Penguin B UAV Platform, while reducing the carbon footprint of aerial surveys, also limits

noise pollution as its small engine is no louder than a lawn mower during the take-off phase, 

and during normal operations is about as loud as background conversation in an office or a 

restaurant.

By using the Penguin B UAV Platform to perform aerial surveys, the substantial 

risk to life and property in the air and on the ground which is usually associated with
{00052557;10} 26

traditional manned aircraft flight operations, will be substantially reduced or completely

eliminated. Weighing in at approximately forty seven (47) pounds at its maximum gross 

weight, with a wingspan of 130 inches and a length of 89 inches, and a maximum fuel 

capacity of only 7.5 gallons, the Penguin B UAV Platform has less physical potential for

damage to life and property than the manned aircraft that typically conduct aerial surveys,

which weigh approximately 6,500 pounds with a wingspan of approximately 40 feet, a length 

of 34 feet, and a fuel capacity of 180 gallons.

4. Performing Aerial Survey Operations With The Penguin B UAV 

Platform Will Benefit The Economy.

In addition to being safe and efficient, the Penguin B UAV Platform is also an 

economical alternative to using manned aircraft to conduct aerial surveys. As such, operation 

of the Penguin B UAV Platform will allow United States based companies, like AGERpoint,

to remain competitive and contribute to growth of the U.S. economy. Specifically, with the 

cost of aviation fuel and the Environmental Protection Agency (“EPA”) regulatory actions 

phasing out leaded fuels, U.S. owned and operated companies must adopt new and alternative

technology in order to remain competitive.

UAV technology not only allows companies greater operational flexibility compared 

to manned aircraft, but also drastically mitigates the high operational cost of a traditional 

manned aircraft. By operating the UAV platforms, companies such as AGERpoint can 

remain competitive and profitable, providing job stability to employees and contractors, 

which increases consumer spending; improves local, state, and federal tax revenues; and 

allows companies to invest in research and development in order to remain competitive both 

in the United States and abroad, ultimately contributing to the growth of the national

economy. 
{00052557;10} 27

5. There Are No Privacy Issues.

Like the manned aerial survey flight operations that have been conducted for 

decades, the proposed operation of the Penguin B UAV Platform will not implicate any

privacy issues. By definition, the Penguin B UAV platform will only operate in rural areas, 

and only above land where AGERpoint has been contracted by the owner or occupant to 

conduct aerial survey operations. Even if carrying photographic, hyperspectral, or other 

similar payloads, the UAV will not be operated closer than 500’ to any person, vessel, 

vehicle or structure without the owner’s permission. Precautionary measures to mitigate risk 

to people on the property, including temporary relocation of non-essential personnel to a 

minimum distance of two times the average AGL operation of the aircraft, will be standard 

operating procedure. The aircraft will operate no higher than 400’ AGL, except as necessary 

to comply with the requirements of 14 C.F.R. § 91.119. Unlike manned aerial survey flight 

operations, there are no people on board the Penguin B whose observations might impact 

privacy, and the LIDAR used to conduct AGERpoint’s surveys creates not an image, but a 

data set called a “point cloud.” With these precautions in place, and lacking any natural or 

virtual eyes to see, AGERpoint’s operations will have no impact at all upon privacy.

D. A Summary That Can Be Published In The Federal Register

The Rules From Which AGERpoint Seeks Exemption:

AGERpoint, Inc. seeks exemption from the requirements of 14 C.F.R. §§ 21.185 and 

Part 21, 45.23(b), 61.113 (a) and (b), 91.7(a), 91.9(b), 91.103, 91.121, 91.119, 

91.203(a) and (b), 405(a), 407(a)(1), 409(a)(2), and 417(a) and (b).

A Brief Description Of The Nature Of The Exemption AGERpoint Seeks:

This exemption will permit AGERpoint, Inc. to operate an Unmanned Aircraft System 

over certain rural agricultural areas, while keeping the documents required by the 

regulations at the ground control station and immediately accessible to the pilot in 

command. Furthermore, the exemption will relieve AGERpoint, Inc. from the

airworthiness certificate standards and the requirement to have a certificate of 
{00052557;10} 28

airworthiness for its Unmanned Aircraft System. This exemption will also permit any

required markings concerning the operational status of the UAS to be displayed on 

the fuselage of the unmanned aircraft.

CONCLUSION

AGERpoint seeks an exemption pursuant to 14 C.F.R. § 11.61 and Section 333 of

the FAA Modernization and Reform Act of 2012, which will permit safe operation of the 

Penguin B UAV Platform commercially, without an airworthiness certificate, for the special 

purpose of aerial agricultural surveillance, collecting data which will be used for early stage 

disease detection, crop inventory and mapping. By granting this Petition, the FAA

Administrator will be fulfilling the Congressional mandate of the FAA Modernization and 

Reform Act of 2012, while also advancing the interests of the public, by allowing

AGERpoint to safely, efficiently, and economically operate the Penguin B UAV Platform

commercially within the NAS.
{00052557;10} 29

WHEREFORE, in accordance with the Federal Aviation Regulations and the FAA 

Modernization and Reform Act of 2012, Section 333, AGERpoint respectfully requests that 

the Administrator grant this Petition for an exemption from the requirements of 14 C.F.R. §§

45.23(b), 61.113 (a) and (b), 91.7(a), 91.9(b), 91.103, 91.121, 91.119, 91.203(a) and (b), 

405(a), 407(a)(1), 409(a)(2), and 417(a) and (b), as well as the restricted category

airworthiness certification standards specified in 14 C.F.R. § 21.185, including the 

requirement to have a certificate of airworthiness issued for the Penguin B UAV Platform, as 

contemplated by 14 C.F.R. Part 21.

Dated: February 5, 2015

Respectfully submitted,

The Royse Law Firm

/s/ Adam Thorngate-Gottlund

Adam Thorngate-Gottlund

The Royse Law Firm

1717 Embarcadero Road

Palo Alto CA 94303

Tel: (650) 813-9700

Fax: (650) 813-9777

Attorney for Petitioner

cc: AGERpoint, Inc.

Attn: CEO
{00052557;10} 30

Exhibit A
{00052557;10} 31

Exhibit B

Penguin B UAV Platform Preflight Checklist

Preflight Equipment Checklist: Page 1 of 1

Ground Control Operator Essentials:

 Logbook

 Flight Log paperwork

 Briefed on mission

 Cloudcap Documentation

Ground Station Equipment:

 Portable (or desktop) Ground Station 

 Power Cable

 GPS 

 GPS Cable (if using Novatel DGPS antenna)

 External Comms Antenna (350 MHz or 900MHz as applicable)

 Laptop

 Laptop Power

 USB to Serial Adapter

 Serial Cable

 Mouse

 Reference Data (Mission Maps and DTED)

 Ethernet Cable

 External Monitor (optional) 

 Headset 

 Headset breakout box and power

 Futaba Controller (a.k.a. Flight Control Box, FCB)

 FCB/Headset cable spool

 Appropriate Software Versions for GCO

Aircraft Equipment (ground crew responsibility)

 Airframe

 Batteries

 Fuel

 Payload Equipment

 Piccolo Autopilot

 Launch Aparatus (if applicable)

 Starter

 Glow plugs

 Chargers

 Backup RC Radio (Alpha 60 only)
{00052557;10} 32

Preflight Actions Checklist: Page 1 of 3

Portable Ground Control Station:

 Set up GPS Antenna

o Physically mark location for future setups

o Inspect and attach GPS cable

 Verify Connections

o GPS

o UHF Comm

o Serial

o Power

 Turn on Power

GCO Laptop:

 Verify Connections

o Power

o Serial

o Network

o External Monitor

o Input devices

 Turn on Power

 Verify Network Connection status 

o IP should be 192.168.1.100

o Check access to Terrastation NAS Drive

 Execute Piccolo Command Center (PCC) Note Software Version 

_________________________

 Open Ground Station Window: Note GCS Firmware Version 

_________________________

o If different from PCC, correct (Flash Firmware or exit PCC and execute correct 

version)

 Verify ground station voltage readings ______________

 Verify Ground Station GPS readings

o Enable DGPS and begin averaging the Ground station location

 Open Ground Station Window and request radio settings

o Note Channel/Frequency

 Set Power to .1 Watt 

 Verify GS VSWR (350 MHz only) should be less than 2.0 _____________

 Load Map Layers

 Load DTED Layers

 Set Aircraft List to Dynamic
{00052557;10} 33

Preflight Actions Checklist: Page 2 of 3

Piccolo Initial Set Up:

 Request Piccolo Power On (ground crew)

 Verify Piccolo Shows up on list

o If not attach via programming cable and continue

 Set new piccolo to Active 

 Verify Firmware matches GCS and PCC version numbers __________

 Run Validate (Preflight page) and reconcile any issues (especially with 

Gains/Limits/AC dimensions)

 Check radio settings 

o Note Frequency/channel ______________________

o Verify VSWR (MHX 320 Radio) less than 2.0

 If not check antenna (

o Set power to .1 Watt

o Check RSSI (GS and Piccolo should be approximately equal and close to -50)

 Verify Payload operation

At this point the RF Comms should be working, remove programming cable and connect 

over RF Link

 Verify Aircraft GPS reading

 Set Lost Comm Waypoint

o LC waypoint is 99 on mission limits

 Clear out all other waypoints (if necessary)

 Create Climb out/recovery box

 Conduct rage check (100 yards at .1 Watt) 

o RSSI should be -80 or better 

o Link should be 100

 Check system voltage 

o Replace battery if necessary

 Request fast telemetry

 Confirm with Ground Crew and set new piccolo to Pilot address

o If flying multiple AC be sure that this is clearly communicated

 Run Autopilot Configuration Validation (and after any changes are made to the 

controller configuration. 

 Verify Surface Trims

o Tethered FCB all trims set to neutral

o Adjust Surface tables with Shift function to set trims

 Give External Pilot go for Surfaces Check with Tethered FCB (and R/C FCB if 

applicable)

 Verify Correct Surface actuation using Preflight page

o Ailerons Left/Right

o Elevator Up/Down

o Rudder Left/Right

o Throttle Full/Closed
{00052557;10} 34

Preflight Actions Checklist: Page 3 of 3

 Check Euler Angle response (observe on HUD /Map or watch Sensor readings)

o Command to EP (“Go for Roll Pitch Yaw) 

 (Sensor Readings Positive for Roll Right, Pitch Up and Yaw Right)

o On Sensor Configuration Page

 Penguin PSI = 180 Others 0. 

 Zero Air Data

o Input Baro Reading from Tower or Handheld unit

o Input Current Airfield Altitude (from DTED or GPS Reading)

o Zero air data with pitot sensor cupped

Climb out

 Test lost comm. (turn off ground station)

o Verify Tracking LC waypoint

 Confirm all is satisfactory

o Payload

o Test Manager

o Safety observers

 Execute Mission