1

Point of Contact: Dale Cope

Phone: (979) 492-8285

drdcope@tamu.edu

1700 Research Parkway Suite 150

College Station, TX 77843

August 28, 2015

U.S. Department of Transportation

Docket Management System

1200 New Jersey Avenue, SE

Washington, DC 20590

Re: Exemption Request Section 333 of the FAA Reform Act and Part 11 of the 

Federal Aviation Regulations- TAGUS, Inc.

Dear Sir or Madam:

Pursuant to Section 333 of the FAA Modernization and Reform Act of2012 (the "Reform Act") 

and 14 C.F.R. Part 11, TAGUS, Inc. ("TAGUS"), the operator of Small Unmanned Aircraft Systems 

("sUASs" or "UASs"), including the Lancaster Mark III by PrecisionHawk, Inc. in North Carolina,

and the Aero-M and X-8+ of 3D Robotics in Texas, seeks an exemption from the Federal 

Aviation Regulations ("FARs") listed below and discussed in Appendix A.1TAGUS seeks 

exemption from the listed FARs to allow its use of the UASs in commercial operations with its 

clients, such as precision agriculture and aerial imagery, including in the areas of agriculture, 

energy, real estate, scientific studies, wildlife monitoring, and forestry, so long as such 

operations are conducted within and under the conditions outlined herein or as established by 

the FAA in an exemption granted under either Section 333 or Section 49 U.S.C. § 44701(f).2

As discussed below, at pages 4-8, TAGUS is willing to abide by conditions the FAA has required 

in issuing recent Section 333 exemptions, specifically Exemptions 11345 (PrecisionHawk, Inc.) 

and 12012 (ArgenTech Solutions, Inc.). This agreement on TAGUS’s part and the strong 

similarity of its operations to those approved in Exemptions 11345 and 12012should give the 

FAA a basis for prompt consideration and processing of this request.

Granting TAGUS’s petition for exemption will further the public interest by allowing TAGUS to 

safely, efficiently, and economically perform aerial imagery data collection and analysis over 

 

1

See Pub. Law 112-95, 126 Stat. 11, § 333 {2012).

2

TAGUS relies upon the following exemptions where specific reference to an exemption is not 

provided: Exemptions 11062 through 11067, 11080, 11109 through 11112, and 11114.
2

the State of Texas and within the United States in support of its clients in industries such as 

government entities, agriculture, energy, real estate, scientific studies, wildlife monitoring, and 

forestry. 

TAGUS proposes to use small, lightweight UASs - the Lancaster Mark III, Aero-M and X-8+ –

along with photogrammetry and cloud-based software to collect, process, and analyze aerial 

imagery data principally for purposes of precision agriculture, inspection of facilities, property 

surveys, land cover assessments, and land resource management. In doing so, TAGUS would 

provide high quality and actionable information to users. Indeed, use of the Lancaster Mark III

and Aero-M would contribute to precision agriculture’s various social goods, from 

environmental protection to maximized and improved crop yields. In providing this service, 

TAGUS would empower crop researchers and farmers to make better management decisions 

through software that identifies disease and insects, nutrient deficiencies, and materials for 

increasing yields with fewer resources. Additionally, use of the X-8+ would contribute to better 

oil and gas data acquisition. With this information, oil and gas companies and government 

agencies can make better management decisions and become inherently safer on job sites.

These developments would increase economic growth and environmental safety, which would 

be in the public interest.

Operations under the exemption will be subject to strict operating requirements and conditions 

to ensure at least an equivalent level of safety to currently authorized operations using manned 

aircraft and under conditions as may be modified by the FAA as required by Section 333. By 

authorizing UAS operations, the FAA would advance the public interest by reducing the number

of manned aircraft in the National Airspace System; reducing air and noise pollution; reducing 

the risk to life and property on the ground; and increasing agricultural economic growth.

As described more fully below, the requested exemption would authorize commercial

operations of aerial surveys using the Lancaster Mark III by PrecisionHawk, Inc., and the Aero-M 

and X-8+ by 3D Robotics, which are all small in size. The UASs will be operated under controlled 

conditions at low altitude in airspace that is limited in scope, as described more fully herein; it 

will have automated control features, as described herein. The UASs will also all be operated by 

an individual possessing a recreational pilot certificate. Finally, the airspace in which the UASs

will operate will be disclosed to the FAA in advance.

TAGUS respectfully submits that because this small, unmanned aerial vehicle – the Lancaster 

Mark III, Aero-M and X-8+ – will be used in lieu of comparatively hazardous operations now 

conducted with fixed wing and rotary conventional aircraft, the FAA can have confidence that 

the operations will achieve at least an equivalent level or greater level of safety. Approval of 

this exemption would thereby enhance safety and fulfill the Secretary of Transportation's (the 

FAA Administrator's) responsibilities under Section 333(c) of the Reform Act to "establish

requirements for the safe operation of such aircraft systems in the national airspace system."

The name and address of the applicant are:

TAGUS, Inc.
3

Attn: Dale Cope, President

1700 Research Parkway Suite 150

College Station, TX 77843

Ph: (979) 492-8285

Email: drdcope@tamu.edu

The regulations from which the exemption is requested are as follows:

14 C.F.R. § 61.113(a) & (b);

14 C.F.R. § 61.133(a);

14 C.F.R. § 91.7(a);

14 C.F.R. § 91.119(c);

14 C.F.R. § 91.151(a);

14 C.F.R. § 91.405(a);

14 C.P.R. § 91.407(a)(l);

14 C.F.R. § 91.409(a)(2);

14 C.P.R. § 91.417(a) & (b)

Appendix A discusses each rule listed above and explains why exemptions pursuant to the

proposal set forth in this letter are appropriate, provide an equivalent level of safety, and are in 

the public interest. Appendix B provides the requisite Federal Register summary.

SECTION 333 LEGAL STANDARD

TAGUS submits that grant of this exemption application for use of the UASs in precision aerial 

surveys will advance the Congressional mandate in Section 333 of the Reform Act to accelerate 

the introduction of UASs into the national airspace system ("NAS") if it can be accomplished 

safely. This law directs the Secretary of Transportation to consider whether certain UASs may 

operate safely in the NAS before completion of the rulemaking required under Section 332 of 

the Reform Act. In making this determination, the Secretary is required to determine which

types of UASs do not create a hazard to users of the NAS or the public or pose a threat to 

national security in light of the following:

• The UAS's size, weight, speed, and operational capability;

• Operation of the UAS in close proximity to airports and populated areas; and

• Operation of the U AS within visual line of sight of the operator.

Reform Act§ 333(a)(l). If the Secretary determines that such vehicles "may operate safely in the 

national airspace system, the Secretary shall establish requirements for the safe operation of

such aircraft in the national airspace system." Id. § 333(c) (emphasis added).3

 

3 Applicant submits that this provision places a duty on the Administrator to not only process

applications for exemptions under Section 333, but for the Administrator, if he deems the 

conditions proposed herein required modification to allow approval, to supply conditions for 

the safe operation of the UAS. TAGUS welcomes the opportunity to consult with FAA staff in 
4

The Federal Aviation Act expressly grants the FAA the authority to issue exemptions. This

statutory authority, by its terms, includes exempting civil aircraft, as the term is defined under §

401 01 of the Act, from the requirement that all civil aircraft must have a current airworthiness

certificate and those regulations requiring commercial pilots to operate aircraft in commercial

service:

The Administrator may grant an exemption from a requirement of a regulation

prescribed under subsection (a) or (b) of this section or any of sections 44 702-

44 716 of this title if the Administrator finds the exemption is in the public interest.

49 U.S.C. § 44701(£). See also 49 U.S.C. § 44711(a); 49 U.S.C. § 44704; 14 C.P.R. § 91.203(a)(1).

The grant of the requested exemption is in the public interest based on the clear direction in 

Section 333 of the Reform Act; the additional authority in the Federal Aviation Act, as

amended; the strong equivalent level of safety surrounding the proposed operations; and the 

significant public benefit, including enhanced safety and cost savings associated with 

transitioning to UASs for aerial surveying. Accordingly, the applicant respectfully requests that 

the FAA grant the requested exemption without delay.4

EQUIVALENT LEVEL OF SAFETY

The applicant proposes that the exemption requested herein apply to civil aircraft that have the 

characteristics and that operate with the limitations listed herein. These limitations provide for

at least an equivalent or even higher level of safety to operations under the current regulatory

structure because the proposed operations represent a safety enhancement to operations that 

would be conducted with conventional aircraft. These conditions are drawn from Exemptions 

11062 through 11067, 11080, 11109, and 11110.

These limitations and conditions to which TAGUS (or "operator") agrees to be bound when

conducting commercial operations under an FAA issued exemption include:

 

order to address any issues or concerns that this proposal may raise that they believe may 

require modification.

4

In filing this application, TAGUS also is requesting that the FAA combine the grant of the 

Section 333 exemption with a stand-alone Certificate of Operation ("COA'') that will allow 

commercial operations of the Lancaster Mark III, Aero-M and X-8+ in Texas without the 

necessity of filing for a COA for each flight. Compliance with the conditions agreed to herein 

and that may be imposed by the FAA, as set forth in prior Section 333 exemptions, provide the 

separation needed from other aircraft. Notice to airmen and notice to air traffic control can be 

provided by the filing of a NOTAM as set forth within the proposed conditions.
5

1. Operations of the Lancaster Mark III are limited to the aircraft described in the manuals 

filed with PrecisionHawk, Inc.'s application ("manuals")5, which is a miniature propeller

airplane built by PrecisionHawk that weighs less than six pounds (the "UA" or "UAS").

Operations with the Aero-M and X-8+ are also limited to the aircraft described in their 

respective manuals.

2. The UA may not be flown at an indicated airspeed exceeding 50 knots.

3. The UA may be operated at an altitude of no more than 400 feet above ground level

("AGL"), as indicated by the procedures specified in the UAS manuals referenced herein.

All altitudes reported to Air Traffic Control ("ATC") must be in feet AGL.

4. The UA must be operated within visual line of sight ("VLOS") of the pilot-in-command

("PIC") at all times. This requires the PIC to be able to use human vision unaided by any

device other than corrective lenses, as specified on the PIC's FAA-issued airman medical

certificate.

5. All operations must utilize a visual observer ("VO"). The VO may be used to satisfy the

VLOS requirement as long as the PIC always maintains VLOS capability. The VO and PIC 

must be able to communicate verbally at all times. The PIC must be designated before

the flight and cannot transfer his or her designation for the duration of the flight. The 

PIC must ensure that the VO can perform the functions prescribed in the operator's 

manual.

6. The manuals must be amended to include all conditions and limitations required by the

FAA. The manuals must be maintained and made available to the Administrator upon

request. If a discrepancy exists between the conditions and limitations in the exemption

and the procedures outlined in the manuals, the conditions and limitations in the 

exemption take precedence and must be followed. Otherwise, the operator must follow 

the procedures as outlined in the manuals. The operator may update or revise the 

manuals. It is the operator's responsibility to track such revisions and present updated 

and revised documents to the Administrator upon request. The operator must also 

present updated and revised documents if it petitions for an extension or amendment 

of this exemption. If the operator determines that any update or revision would affect 

the basis upon which the FAA granted this exemption, then the operator must petition 

for amendment to its exemption.

7. Prior to each flight, the PIC must inspect the UAS to ensure it is in a condition for safe

flight. If the inspection reveals a condition that affects the safe operation of the UAS, the

aircraft is prohibited from operating until the necessary maintenance has been

performed, and the UAS is found to be in a condition for safe flight. The ground control

station must be included in the preflight inspection. All maintenance and alterations 

must be properly documented in the aircraft records.

8. Any UAS that has undergone maintenance or alterations that affect the UAS operation 

or flight characteristics, e.g., replacement of a flight critical component, must undergo a

 

5

Precision Hawk's manuals and related materials for the Lancaster Mark III were submitted as 

confidential to the FAA with their application for exemption under Section 333, and TAGUS

incorporates these materials herein by reference as if fully set forth herein.
6

functional test flight in accordance with the operator's manual. The PIC who conducts 

the functional test flight must make an entry in the UAS aircraft records of the flight. 

The manuals include this requirement.

9. The preflight inspection section in the manuals includes the following requirement: the

preflight inspection must account for all discrepancies, i.e., inoperable components, 

items, or equipment, not covered in the relevant preflight inspection sections of the 

operator's manual.

10. The operator must follow TAGUS’s UA aircraft/component, maintenance, overhaul,

replacement, inspection, and life limit requirements, with particular attention to flight

critical components that may not be addressed in the manufacturer's manuals.

11. The operator must carry out its maintenance, inspections, and record keeping 

requirements in accordance with the manuals. Maintenance, inspection, and alterations 

must be noted in the aircraft logbook, including total flight hours, description of work 

accomplished, and the signature of the authorized technician returning the UAS to 

service.

12. The authorized technicians must receive and document training referenced in the

manuals.

13. Each UAS operated under the exemption must comply with all TAGUS system and safety

bulletins.

14. Operator's maintenance personnel must make a record entry in the UAS logbook or

equivalent document of the corrective action taken against discrepancies discovered

between inspections.

15. The PIC must possess at least a recreational pilot certificate and a third-class airman 

medical certificate. The PIC must also meet the flight review requirements specified in 

14 C.F.R. 61.56 as to the UAS.

16. The operator may not permit any PIC to operate unless that PIC has demonstrated 

through TAGUS’s training and currency requirements that the PIC is able to safely 

operate the UA in a manner consistent with how the UAS will be operated under this 

exemption, including evasive and emergency maneuvers and maintaining appropriate 

distances from people, vessels, vehicles, and structures.

17. If the UAS loses communications or loses its GPS signal, the UA must return to a 

predetermined location within the private or controlled-access property and land or be

recovered in accordance with the manuals.

18. The PIC must abort the flight in the event of unpredicted obstacles or emergencies in

accordance with the manuals.

19. The PIC is prohibited from beginning a UAS flight unless (considering wind and forecast

weather conditions) there is enough power to fly to the first point of intended landing 

and, assuming normal cruising speed, to fly after that for at least 10 minutes.

20. The operator will file a request for a Notice to Airmen (NOTAM) not more than 72 hours

in advance, but not less than 48 hours prior to the operation.

21. All aircraft operated in accordance with the exemption must be identified by serial 

number, registered in accordance with 14 C.F.R. part 47, and have identification (NNumber) markings in accordance with 14 C.F.R. part 45, Subpart C. Markings must be as 

large as practicable.
7

22. Before conducting operations, the radio frequency spectrum used for operation and 

control of the UA must comply with the Federal Communications Commission ("FCC") or 

other appropriate government oversight agency requirements.

23. The documents required under 14 C.F.R. 91.9 and 91.203 must be available to the PIC at

the ground control station of the UAS any time the aircraft is operating. These 

documents must be made available to the Administrator or any law enforcement official 

upon request.

24. The UA must remain clear and yield the right of way to all other manned operations and

activities at all times (including, but not limited to, ultralight vehicles, parachute 

activities, parasailing activities, hang gliders, etc.).

25. The UAS may not be operated by the PIC from any moving device or vehicle.

26. UAS operations may not be conducted during night, as defined in 14 C.F.R. 1.1.

27. All operations shall be conducted in Class G airspace.

28. All operations must be conducted under visual meteorological conditions ("VMC"). The

UA may not be operated less than 500 feet below or less than 2,000 feet horizontally 

from a cloud or when visibility is less than 3 statute miles from the PIC.

29. During operations in Class G airspace, the UA may not operate within 5 nautical miles of

the geographic center of an airport as denoted on a current FAA-published aeronautical

chart unless a letter of agreement with that airport's management is obtained, and the

operation is conducted in accordance with a NOT AM as required by the operator's COA.

The letter of agreement with the airport management must be made available to the

Administrator upon request.

30. The UA may not be operated over congested or densely populated areas unless the

conditions set forth in #31 are satisfied. These populated areas include, but are not 

limited to, the yellow areas depicted on World Aeronautical Charts ("WAC"), Sectional

Aeronautical Charts ("Sectionals"), or Terminal Area Charts ("TAC"). However,

aeronautical charts may not reflect pertinent local information. Ultimately, it is the PIC's

responsibility to maintain the minimum safe altitudes required by § 91.119.

31. Operations must be conducted at least 500 feet from all nonparticipating persons 

(persons other than the PIC or VO), vessels, vehicles, and structures unless:

a. Barriers or structures are present that sufficiently protect nonparticipating 

persons from debris in the event of an accident. The operator must ensure that 

nonparticipating persons remain under such protection. If a situation arises in 

which nonparticipating persons leave such protection and are within 500 feet of 

the UA, flight operations must cease immediately; and/or

b. The aircraft is operated near vessels, vehicles, or structures where the land

owner/controller has granted permission and the PIC has made a safety 

assessment of the risk of operating closer to those objects; and

c. Operations near the PIC or VO do not present an undue hazard, per§ 91.119(a).

32. All operations shall be conducted over private or controlled-access property with

permission from the land owner/controller or authorized representative. Permission 

from land owner/controller or authorized representative will be obtained for each flight 

to be conducted.
8

33. In the event COAs are required, any incident, accident, or flight operation that 

transgresses the lateral or vertical boundaries of the operational area as defined by the 

applicable COA must be reported to the FAA's UAS Integration Office ("AFS-80") within 

24 hours. Accidents must be reported to the National Transportation Safety Board 

("NTSB") per instructions contained on the NTSB Web site: www.ntsb.gov.

Regarding privacy, all flights will occur over private or controlled access property with the

property owner's prior consent and knowledge. Inspection will be in areas where the owners 

will have consented to the inspections or otherwise have agreed to allow the UAS and the 

operator to be in the area where inspection will take place.

No national security issue is raised by the grant of this exemption. Given the size, load carrying 

capacity, speed at which it operates, and the fact that it carries no explosives or other

dangerous materials, the UAS poses no threat to national security.

In summary, TAGUS seeks an exemption from the FARs set forth in Appendix A to operate 

commercially a small unmanned vehicle (55 lbs. or less) in precision aerial survey operations in 

Texas. Approval of this exemption for commercial aerial survey operations will enhance safety 

by reducing risk. Conventional operations, using jet or piston powered aircraft, operate at 

extremely low altitudes just feet from the subject being inspected and in extreme proximity to 

people and structures. Such manned operations present the risks associated with vehicles that 

weigh in excess of 6,000 lbs., carrying large amounts of jet A or other fuel. Such aircraft must fly 

to and from the project location. In contrast, a UAS weighing fewer than six lbs. and powered 

by batteries eliminates virtually all of that risk given the reduced mass and lack of combustible 

fuel carried on board. The UAS is carried to the target area and not flown. The UAS will carry no 

passengers or crew and, therefore, will not expose them to the risks associated with manned 

aircraft flights.

The operation of small UASs, weighing less than six lbs., conducted in the strict conditions

outlined above, will provide an equivalent level of safety supporting the grant of the

exemptions requested herein. These lightweight aircraft operate at slow speeds, close to the 

ground, and in areas that are under the control of the customer. As a result, they are far safer 

than conventional operations conducted with manned aircraft operating in close proximity to 

the ground and people.

Satisfaction of the criteria provided in Section 333 of the Reform Act of 2012 - size, weight, 

speed, operating capabilities, proximity to airports and populated areas, and operation within 

visual line of sight and national security - provide more than adequate justification for the grant 

of the requested exemptions allowing commercial operation of applicant's UAS for the

purposes outlined herein and are consistent with exemptions already granted, including

Exemptions 11062 through 11067, 11080, 11109 through 11112, and 11114.

Sincerely,

Dale Cope

President of TAGUS, Inc.
9

APPENDIX A

EXEMPTION REQUEST AND EQUIVALENT LEVEL OF SAFETY SHOWINGS UNDER APPLICABLE 

RULES SUBJECT TO EXEMPTION

TAGUS requests an exemption from the following regulations as well as any additional 

regulations that may technically apply to the operation of the UAS described herein, including 

but not limited to regulations requiring manuals, certificates, and other similar items to be 

carried on an aircraft:

14 C.F.R. § 61.113(a) & (b); 61.133(a): Private Pilot Privileges and Limitations; Pilot in

Command; Commercial Pilot Privileges and Limitations.

Section 61.113(a) & (b) limit private pilots to non-commercial operations. Unlike a conventional 

aircraft that carries a pilot, passengers, and cargo, the UAS in this case6is remotely controlled 

with no passengers or property of others on board. Section 61.13 3 (a) requires an individual 

with a commercial pilot's license to be pilot in command of any aircraft for compensation or 

hire. TAGUS respectfully proposes that operator requirements should take into account the 

characteristics of the particular UAS. The Lancaster Mark III, Aero-M and X-8+ all have a high 

degree of preprogrammed control and various built-in technical capabilities that strictly limit 

the potential for operation outside of the operating conditions set forth in the exemption 

application.

The UAS has an autonomous navigation and control system. Flights are pre- programmed with 

precision GPS guidance and do not require human intervention. In the case of unplanned

events, the operator can manually intervene to take one of the following actions: (i) command 

the aircraft to begin to autonomously return to the recovery area and land; (ii) command the 

aircraft to autonomously return to the recovery area where the pilot will assume control and 

land the aircraft; or (iii) manually assume control of the aircraft via the hand controller and 

return the craft to the recovery area where the operator lands it.

Additional automated safety functions and safety enhancing features of the UAS include the

following:

• Auto-pilot detection of lost GPS or of insufficient satellites initiates a stand-by loiter

pattern until such time as GPS is re-established or the PIC assumes manual control of 

the aircraft.

• Low battery power on the aircraft (10.4 volts) triggers the landing sequence and the 

craft will fly to the recovery area.

 

6

PrecisionHawk's manuals and related materials for the Lancaster Mark III were submitted as 

confidential to the FAA with their application for exemption under Section 333, and TAGUS

incorporates these materials herein by reference as if fully set forth herein. Representations 

contained herein are based on TAGUS’s understanding of Precision Hawk's Lancaster Mark III 

and representations PrecisionHawk has made about the Lancaster Mark III in its application.
10

• If the auto-pilot detects a lost-link to the ground control station for longer than 30 

seconds, landing procedure begins.

• The aircrafts are constructed of foam, which is intended to absorb impact energy.

• In the event the ground station reaches a low power state, it will alert the pilot.

Given these safety features, TAGUS proposes that operators of the UASs should not be required

to hold a commercial pilot certification. Instead, operators should be required to hold only a 

recreational pilot certification.

The risks associated with the operation of the UAS (given its size, speed, operational

capabilities, and lack of combustible fuel) are so diminished from the level of risk associated 

with commercial operations contemplated by Part 61 with conventional aircraft (fixed wing or 

rotorcraft) that allowing operations of the UAS as set forth above meets or exceeds the present 

level of safety provided under 14 C.F .R. § 61.113 (a) & (b) and does not rise to the level of 

requiring a commercial pilot to operate the aircraft under§ 61.133(a).

Given these conditions and restrictions, an equivalent level of safety will be provided by

allowing operation of the UAS with a recreational pilot's certificate, under the conditions set 

forth in the exemption request. The FAA has granted exemptions to conduct similar operations 

in Exemptions 11062 through 11067, 11080, 11109, and 11110.

14 CF.R. § 91.7(a): Civil Aircraft Airworthiness.

This regulation requires that no person may operate a civil aircraft unless it is in airworthy

condition. Should the exemption be granted allowing commercial operation of the UAS without 

an airworthiness certificate, no standard will exist for airworthiness of the UAS. Given the size 

of the aircraft and the requirements that the operator has agreed to as relates to airworthiness, 

as set forth in the UAS manuals referenced herein, an equivalent level of safety will be achieved 

by ensuring compliance with the UAS manuals referenced herein prior to each flight. The FAA 

has granted exemptions to conduct similar operations in Exemptions 11062 through 11067, 

11080, 11109, and 11110.

14 C.F.R. § 91.119(c): Minimum Safe Altitudes.

Section 91.119 establishes safe altitudes for operation of civil aircraft. Specifically, 91.119(c) 

limits aircraft flying over areas other than congested areas to an altitude of 500 feet above the 

surface, except over open water or sparsely populated areas. In those cases, the aircraft may 

not be operated closer than 500 feet to any person, vessel, vehicle, or structure.

As set forth herein, the UAS will never operate at higher than 400 feet AGL. It will, however, be 

operated to avoid congested or populated areas that are depicted in yellow on VFR sectional 

charts. Because aerial survey work must be accomplished at relatively low altitudes and at 

altitudes less than 500 feet AGL, an exemption from Section 91.119(c) is needed.
11

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

which the UAS is built. Also, no flight will be taken without the permission of the landowner or 

those who control the land as well as local officials. Because of advance notice to the 

landowner, all affected individuals will be aware of the survey flights. Compared to aerial 

survey operations conducted with aircraft or rotorcraft weighing far more than 5.5 lbs. and 

carrying flammable fuel, any risk associated with these operations will be far less than the risks 

currently posed by conventional aircraft operating at or below 500 feet AGL. Indeed, the lowaltitude operations of the UAS will maintain separation between these small-UAS operations 

and the operations of conventional aircraft that must comply with Section 91.119. The FAA has 

granted exemptions to conduct similar operations in Exemptions 11062 through 11067, 11080, 

and 1110.

14 C.F.R. § 91.151(a): Fuel Requirements for Flight in VFR Conditions

This regulation prohibits an individual from beginning "a flight in an airplane under VFR

conditions unless (considering wind and forecast weather conditions) there is enough fuel to fly 

to the first point of intended landing and, assuming normal cruising speed- (1) During the day, 

to fly after that for at least 30 minutes; or (2) At night, to fly after that for at least 45 minutes." 

TAGUS understands that the batteries powering the UAS provide approximately 60 minutes of

powered flight. Without an exemption from § 14 C.F .R. 91.151, the UAS’s flights would be 

limited to approximately 30 minutes in length. Given the limitations on its proposed operations 

and the location of those proposed operations, a longer time frame for flight in daylight VFR 

conditions is reasonable.

TAGUS believes that an exemption from 14 C.P.R. § 91.151(a) is safe and within the scope of 

prior exemptions. See Exemption 10673 (allowing Lockheed Martin Corporation to operate 

without compliance with 91.151 (a)). Operating the small UAS without 30 minutes of reserve 

fuel does not engender the type of risks that Section 91.151 (a) was meant to prevent given the 

size and speed at which the UAS operates. The fact that it carries no pilot, passenger, or cargo

also enhances its safety. Limiting UAS flights to 30 minutes would greatly reduce their utility. In 

the unlikely event that the UAS achieves a low battery state (10.4 volts), it would simply land.

Given its weight and construction material, the risks are less than contemplated by the current 

regulation.

TAGUS believes that an equivalent level of safety can be achieved by maintaining 15 minutes of 

reserve fuel, which, allowing 45 minutes of flight time, would be more than adequate to return 

the UAS to its planned landing zone from anywhere in its operating area.

Similar exemptions have been granted to other operators, including Exemptions 2689F,

5745, 10673, 10808, and Exemptions 11062 through 11067, 11080, 11109, 1110, and 11112.

14 C.F.R. § 91.405(a); 407(a)(1); 409(a)(2); 417(a) & (b): Maintenance Inspections
12

Section 91.405(a) requires that an aircraft operator or owner "shall have that aircraft inspected 

as prescribed in subpart E of this part and shall between required inspections, except as

provided in paragraph (c) of this section, have discrepancies repaired as prescribed in part 43 of

this chapter .... " Section 91.407 similarly makes reference to requirements in Part 43; Section

91.409(a)(2) requires an annual inspection for the issuance of an airworthiness certificate. 

Section 91.417(a) requires the owner or operator to keep records showing certain maintenance 

work that has been accomplished by certificated mechanics, under Part 43, or licensed pilots 

and records of approval of the aircraft for return to service.

Maintenance of the UAS will be accomplished pursuant to the UAS manuals referenced herein. 

An equivalent level of safety will be achieved because the UAS is small in size, will carry a small 

payload, will operation only in restricted predetermined areas and is not a complex mechanical 

device. As provided in the manuals, the operator will ensure that the UAS is in working order 

prior to initiating flight, perform required maintenance, and keep a log of any maintenance that 

is performed; moreover, the operator is the person most familiar with the aircraft and is best

suited to maintain the aircraft in an airworthy condition and to ensure an equivalent level of 

safety. The FAA has granted exemptions for similar operations in Exemptions 11062 through 

11067, 11080, 11109, 11110, and 11112.
13

APPENDIX B

SUMMARY OF AGWORX SECTION 333 EXEMPTION REQUEST

For publication in the Federal Register, TAGUS hereby provides pursuant to Part 11 a summary 

of its exemption application to allow commercial operation by TAGUS of the Lancaster Mark III, 

Aero-M and X-8+ unmanned aircrafts in precision aerial data acquisition work. An exemption is 

requested from the following regulations:

14 C.P.R. § 61.113(a) & (b);

14 C.P.R. § 61.133(a);

14 C.P.R. § 91.7(a);

14 C.P.R. § 91.119(c);

14 C.P.R. § 91.151(a);

14 C.P.R. § 91.405(a);

14 C.P.R. § 91.407(a)(l);

14 C.F.R. § 91.409(a)(2);

14 C.P.R. § 91.417(a) & (b)