Paul Hoff Agribotix CEO

Abribotix, LLC 2983 Sterling Ct. Boulder, CO 80301 Tel (971) 303-9981

The Honorable Anthony R. Foxx Office of the Secretary US Department of Transportation 1200 New Jersey Ave., SE Washington, DC 20590 The Honorable Michael P. Huerta Office of the Administrator Federal Aviation Administration 800 Independence Avenue SW Washington, DC 20591 April 6, 2015RE: Agribotix LLC sUAS Airworthiness Exemption Petition for FMRA Sec 333 Exemption

Gentlemen: Agribotix LLC (‘Agribotix’) hereby petitions the FAA for regulatory relief pursuant to Section 333 of P.L. 112–95 333 and 14 C.F.R. Sec. 11.81 to conduct commercial flights with Agribotix sUAS and to pursue research and development of Agribotix sUAS within defined areas of operation in rural farmland. Attached, therefore, is a request for exemption from airworthiness and specific Title 14 C.F.R. provisions for the types of sUAS and sUAS operations described in this Section 333 exemption petition. The FAA has issued grants of exemption in circumstances similar in all material respects to those presented in this petition, specifically Exemptions No. 11136, 11193, 11170, 11194, 11192, 11177, and 11166; and we therefore request that our petition be granted without delay.Agribotix was founded after a fortuitous collaboration with the Denver Zoo to construct a quadcopter for wildlife observation in Mongolia. Subsequently, Agribotix projects have ranged from mapping glaciers with the University of Wellington in New Zealand, to developing a fixed wing airframe enabling the Denver Zoo, to surveying Argali Sheep, and educating elementary school students about unmanned aviation.Agribotix builds fixed wing and multirotor aircraft, provides data analysis for agricultural applications including mapping crops, and provides full-service field management in the Midwest United States. Agribotix manufactures two airframes for use in agriculture; the Agribotix Hornet Drone and the Agribotix Enduro Quad. The Hornet is designed and engineered to perform reliably and safely in the agricultural environment while the Enduro Quad is a multi-purpose platform for precision agriculture in small areas or for high-resolution imagery requirements. In addition to manufacturing sUASs, Agribotix provides a full turn-key data analysis service for precision agriculture.2

This petition seeks authorization to operate the Agribotix sUAS described in this petition within remote, restricted-access areas. These areas of operations are located in rural, agricultural areas, similar to areas described in Exemption No. 11136, 11193, 11170, 11194, 11192, 11177, and 11166, and will generally fall within conditions of the blanket COA provided with the 333 grant. For any other operation, a COA will be sought. Generally, Agribotix sUAS operations will be below an altitude of 400 ft. AGL, within specific access-restricted areas, either within Class G airspace or with the permission of the ATC, using sUAVs operated by Agribotix-qualified sUAS pilots, and within the visual line of sight of the operator and observer. These operational limitations are in accordance with both recently granted petitions as well as the Small UAS NPRM release February 15th, 2015. The UAVs described in this proposal are of small size and weight (less than 55 lb.), capable of relatively slow speeds (top speed of a UAV to be deployed under this petition is less than 100 mph.) and, as demonstrated in this petition and accompanying General Operating Manual (provided confidentially under separate cover), do not pose a threat to the safety of the NAS, persons on the ground, or national security. This petition seeks authorization to conduct commercial and R&D flights according to the terms of this petition and the Agribotix General Operations Manual (‘Agribotix Manual’) which is composed of (1) an operations manual, (2) flight manuals for each of the Agribotix models; (3) an Operator Training Manual, and (4) a Maintenance and Inspection Manual. Please note that the Agribotix Manual (including all of the above listed components) are clearly marked “Confidential” on each page and contain confidential commercial and proprietary information that Agribotix has not and will not share with others who are not subject to a “Nondisclosure Agreement” (NDA). Therefore, the Agribotix Manual (including all components) are not available to the public and contain operating conditions, procedures and other information that are protected from public release or disclosure under the Freedom of Information Act 5 USC Sec. 552 et seq.
Why we require an exemptionAgribotix requires exemption from 14 CFR airworthiness and other requirements for both commericial operations and development of new UAS.
Commercial Operation Commerical operations require an exemption because current FAA regulations do not allow for the commercial use of sUAS lacking airworthiness certificates in the NAS. Agribotix requests an airworthiness exemption for the specific types of sUAS described in this petition in order to carry sensor packages, e.g. film and video equipment, under the conditions and operating limitations outlined below and described in the Agribotix Manual. Agribotix intends to operate these sUAS to provide precision agriculture services to farms in the Midwestern United States in order to increase crop yields, reduce pesticide and water use, and enhance agricultural efficiency. It is imperative for the economic well-being of US farmers that the low-risk application of efficiency-enhancing and cost-reducing UAS technology in US agriculture be permitted, especially during drought conditions such as are being faced in many areas today.
Research and Development In addition to providing commercial data analysis services, Agribotix designs and manufactures UAS for precision agriculture and therefore needs to be able to rapidly iterate upon and test our innovative designs. Unlike manned aircraft testing, which generally only requires airspace away3

from air traffic above low-risk areas and which is mainly indifferent to the terrain; testing our sUAS requires acccess to real farms in order to evaluate the low-altitude, terrain-and-crop-dependent performance of both our aircraft and our sensors. Multiple, real-world farms growing multiple varieties of crops are a requirement for the functional testing of our aircraft. Unfortunately, FAA Order 8130.34C for a Special Airworthiness Certificate: Experimental Category does not authorize the necessary variations in aircraft characteristics, systems, or test ranges to meaningfully test these sUAS and to iterate efficiently. Therefore, to gain the meaningful data about sUAS features necessary for developing a program for safe and efficient sUAS operations, an exemption is required that authorizes R & D: 1) across a range of Agribotix models and prototypes, 2) in a variety of locations (subject to the restrictions outlined in this petition), and 3) for iterating on the systems, sensors, and airframes on an ongoing basis. Without this exemption the regulatory requirements for a Special Airworthiness Certificate, Experimental Category (SAC-EC) are overly burdensome because they forbid the necessary R & D; i.e. rapid iterations on early prototypes. Finally, as the FAA is well aware, the SAC-EC does not authorize commercial operations of the type described above such are required for Agribotix research and development.
The types of sUAS for which SkyWard requests exemptionsAgribotix designs and manufacturers sUAS that are low kinetic energy; these sUAS are approximately equivalent in size and performance to the US Air Force “Micro UAS” class of UAS. Specifically, these sUAS are small ( < 2 meter in largest dimension), light-weight (∼55 lb. or less ), slow-moving (less than 100 mph) and operate close to the ground (<500 ft. AGL). We believe that Agribotix sUAS meet the standard provided by Section 333 of the FMRA for a UAS to operate safely within the National Airspace prior to the completion of FMRA’s required rule-making. Section 333 describes seven minimum criteria to determine whether an sUAS may operate safely in the NAS without creating a hazard or posing a threat to national security. These criteria comprise size, weight, speed, operational capability, operation in close proximity to airports, operation in close proximity to people, and operation within visual line of sight. Agribotix’s sUAS are of a type and scale that meet these criteria and are equivalent to those for which FAA has recently granted Sec 333 exemptions (see Ex. No. 11136, 11193, 11170, 11194, 11192, 11177, 11166) and, similarly, are not anticipated to create a hazard to users of the National Airspace System (“NAS”), persons on the ground, or pose a threat to national security. Basic characteristics of the Agribotix UAVs are summarized below.
The Agribotix Intended Use Agribotix, LLC. (hereinafter referred to as “Agribotix”) is a drone-enabled software company that aims to provide advanced imaging and analysis for precision agriculture services as well as turn-key solutions for clients who wish to monitor crops utilizing unmanned aircraft.Agribotix unmanned systems simplify and increase the accuracy of data collection in precision agriculture. High-resolution, high-frequency crop inspection and monitoring of agricultural farmland increases yearly yield; potentially saving the agriculture industry hundreds of thousands of dollars with minimal carbon footprint, and precision monitoring enables better use of scarce or expensive resources, such a water or pesticides.4

Agribotix seeks to commercially operate its Hornet, Hornet LR and Enduro Quadcopter UAS in order to achieve the above uses and benefits.
Priority Safety Issues Priority safety issues and resolution strategies are outlined in the Agribotix Manual. These include sUAS reliability and safe operations, Command and Control lost-link, and “See and Avoid” (also known as “Detect and Avoid” in the context of UAVs) requirements.
Reliability, Safety and Operation ofsUAS: Operations in Class G airspace below 500 ft AGL 5 Miles or More From an Airport The region of operations for sUAS is below 500 ft AGL, in Class G airspace and 5 miles or more from an airport or otherwise in coordination with ATC. The airspace used will be wholly with the underlying property owner’s written consent. Aircraft separation will be accomplished by flying under VFR rules during the day with a pilot and an observer both of whom are qualified according to the Agribotix Manual. See Pilot Requirements (section ). In addition, the Agribotix Manual details fail-safe mechanisms including automatic return to home, slow descent and auto-land functions. Operations in controlled Airspace (B, C, D), Below 500 Ft. AGL This region of operation of sUAS is below 500 ft AGL, in Class B, C, and D airspace. Two-way communication with ATC will be established before operations commence or before the sUAS enters controlled airspace. These operations will be wholly with the underlying property owner’s written consent. Aircraft separation will be accomplished by flying under VFR rules during the day with a pilot, who is qualified and current according to the Agribotix Manual. See Pilot Requirements (section ). In addition, the Agribotix Manual details fail-safe mechanisms including return to home, slow descent and auto-land. Command and Control (C2) link failure modes, mitigation strategies. In addition to the areaof operations safe-guards outlined above, lost link mitigation is achieved by redundant failure operation, auto-land, return-to-home, and geo-fencing to reduce the probability and mitigate the severity of a C2 failure. Risk assessment and mitigation procedures for spectrum interference, as well as weather, obstacles, and unforeseen events, are detailed in the Agribotix Manual.
14 CFR Sec. 91.113 Right of Way, See and Avoid Requirements Mitigation for reduced “See and Avoid” capability is that all proposed operations under this petition are at 500 AGL and below. In this near-surface airspace, the only other legally operating aircraft are other approved UAVs or those operating with a special use certificate (Life Flight, fire watch contractors etc.), or helicopters. Further risk mitigations include a PIC on all UAS operations, qualified according to the Agribotix Manual, to avoid aerial conflicts. Further, the proposed UAVs will fly only within visual line-of-sight of the PIC, under VFR conditions, and during daylight hours. We believe that types of sUAS and operations together with the protocols and characteristics outlined in this petition and detailed in the accompanying Agribotix Manual maintain the current high level of safety in the NAS and do not pose additional hazard to persons and property.
Pilot Requirements In accordance with the knowledge requirements in Exemption No. 11062, and as described in detail in the Agribotix Manual, an A Pilot in Command (PIC) must:5

• Be qualified and current according to the Agribotix Manual and passed the Private Pilot FAA Ground School knowledge test.

• Have flown and logged a minimum of 500 flight cycles and 25 hours of total time as a sUAS pilot for a given category of sUAS (rotorcraft or fixed-wing) and at least 10 hours logged as a sUAS pilot with a similar UAS type (single blade or multi-rotor).

• Have flown and logged a minimum of five hours as UAS pilot with the make and model of the Agribotix sUAS as well as three take-offs and landings in the preceding 90 days.
Documentation for pilot and observer qualification and currency will be maintained as per the Agribotix Operating Manual and will be available upon the FAA’s request.
Information Supporting this Petition as Specified in 14 C.F.R. Sec. 11.81 This section responds to the specific requirements of 14 CFR Sec 11.81. The attached Exhibit A presents an analysis of the CFRs for which exemptions are requested. (a) Mailing address and other contact information such as a fax number, telephone number, or email address copy. Agribotix, LLC ATTN: Paul Hoff 2983 Sterling Ct. Boulder, CO 80301 Email: paul@agribotix.com(b) The specific section or sections of 14 C.F.R. from which Agribotix seeks an exemption

• PART 61 CERTIFICATION: PILOTS, FLIGHT INSTRUCTORS, AND GROUND INSTRUCTORS

• PART 67 Medical Standards and Certification

• §91.109 Flight instruction; Simulated instrument flight and certain flight tests.

• §91.119 Minimum safe altitudes: General.

• §91.121 Altimeter settings.

• §91.151 Fuel requirements for flight in VFR conditions.

• §91.405 Maintenance required.

• §91.407 Operation after maintenance, preventive maintenance, rebuilding, or alteration.

• §91.409 Inspections.

• §91.413 ATC transponder tests and inspections.

• §91.215 ATC transponder and altitude reporting equipment and use.

• §91.417 Maintenance records.6

• §91.7 Civil aircraft airworthiness.
(c) The extent of relief Agribotix seeks, and the reason Agribotix seeks the relief A Section 333 exemption is required because current FAA regulations do not allow commercial use of sUAS in the NAS, or for appropriate research and development of sUAS. Agribotix requests an airworthiness exemption for the specific types of sUAS described in this petition to carry sensorpackages for commercial applications such as videography and precision agriculture under the conditions and operating limitations outlined below and described in the Agribotix Manual. In addition, Agribotix is developing sUAS and sUAS software, so that sUAVs may fly safely and predictably in the NAS. In order to develop and test these sUAS under the variety of operational conditions that a sUAS will face in the NAS, it is necessary to test variations on aircraft characteristics, operating systems, and management systems in different, and real-world test environments. FAA regulations in FAA Order 8130.34C for a Special Airworthiness Certificate: Experimental Category do not authorize the necessary rapid modifications of aircraft characteristics and associated systems to sufficiently and efficiently test these sUAS.Therefore, to gain meaningful data about the necessary features for safe and efficient sUAS operations, an exemption is necessary : 1) to operate a range of sUAS models and prototypes, 2) in avariety of locations (subject to the restrictions outlined in this petition), 3) to be permitted to adjust the systems and airframes tested on an ongoing basis, and 4) for both research and commercial use. Finally, as the FAA is well aware, the exemption is necessary because the SAC-EC does not authorize commercial operations of the type sought here, which is required for Agribotix to develop accurate data about the types of sUAS that are best suited for safe and effective operations. The attached document “Information Supporting Petition” details the extent of relief and reason for each FAR. (d) The reasons why granting Agribotix’s request would be in the public interest; that is, how it would benefit the public as a whole The proposal is designed to establish a reasonable methodology to test specific types and platforms of sUAS, in a variety of environments, and to enable the safe and efficient deployment of commercial sUAS for agricultural purposes. The outputs of safe, reliable, and regulatory compliant operations of sUAS provide economic benefits historically unparalleled since the invention of flight, benefittingstakeholders at every level, both public and private. Lawful, safe aerial robotics operations will create new high-tech employment that will stimulate city and state governments; improve agriculture, create new small and large businesses; infuse new interest in STEM for children; and increase the safety of citizens through enhanced first-responder capabilities. Specifically, sUAS-supported precision agriculture has the promise of dramatically increasing cropyields by identifying which crops are ready to be harvested, reducing farming uncertainty by providing better data to inform yield estimates, and reducing inefficiencies in inputs by identifying precisely where and when crops need to be treated with pesticide or irrigated. Crops can even be protected from depredation by birds by harmlessly shepherding the birds away from the fields. This is a much more sustainable method of mitigating the impact of wildlife to crops than other methods. And these are only a few of the many benefits that sUAS enabled precision agriculture will create and are creating now.7

Grant of this petition would enable the research and operational development of sUAS to enable the safe and efficient acceleration of these significant public benefits to the American farmers and to the United States public as a whole. (e) The reasons why granting the exemption would not adversely affect safety, or how the exemption would provide a level of safety at least equal to that provided by the rule from which Agribotix seeks the exemption Agribotix operations will provide a level of safety that is equivalent to current aviation standards. Agribotix’s safety procedures, risk assessments, and flight operations standards are described in detail in the accompanying Agribotix Operations Manual. In brief, the following procedures that apply during operations conducted under this exemption request, establish an equivalent level of safety (ELOS) as follows:

1. The Agribotix sUAS are less than 55 pounds and are battery powered.
2. All Agribotix sUAS will be U.S. registered and display marks either in accordance with 14 C.F.R. Part 45, Subpart C or approved alternative markings. 3. Agribotix sUAS operations under this exemption will be generally conducted within the visual line of sight of the pilot operator, at less than 400 feet AGL, and within Class G airspace. In addition, operations in controlled B,C, or D airspace will be conducted in coordination with FSDO and ATC with prior permission. 4. Consistent with the recently issued Section 333 Exemption No. 11062 (Astraeus Aerial) and others, Agribotix operations will be conducted in defined regions and over property authorized for this use by the landowner. All operations will remain within the geographic boundaries of the operating area. However, it is anticipated that most Agribotix operations may be conducted within the limitations of the blanket COA authorization provided with 333 grants as of 3–23–2015. 5. sUAS operations under this exemption will be conducted under the supervision of a designated pilot in command (PIC) who has final responsibility for the operation and in accordance with 14 C.F.R. 91.3. See the Pilot Requirements section below. All sUAS operators and observers must have completed training on the normal, abnormal, and emergency procedures in the Agribotix Manual, demonstrated proficiency with the sUAS being operated, and passed the Private Pilot FAA Ground School knowledge test. All Agribotix pilots will be required to pass a background check as provided by the TSA PreCheck program. 6. Operators and engineers will maintain the sUAS system in a condition for safe operationaccording to the Agribotix Manual and associated manufacturer’s maintenance manuals, including pre-flight and post-flight inspections. 7. The PIC and observers will maintain situational awareness and perceive, process, and perform risk management prior to and during each operation as described in the Agribotix Manual. The PIC will terminate the operation in accordance with the Agribotix Manual if hazards that cannot be acceptably mitigated are observed. 8. sUAS will safely stop operating and either return home or auto-land at a location along the flight path if the control link is lost. 9. For each sUAS, the PIC will have the ability to force a controlled landing at any time.8

In addition to the above, Agribotix has implemented a Safety Management System. The Agribotix Safety Manager is responsible for conducting safety audits, investigations, and inspections and is authorized to stop or prohibit any activity or operations which is considered unsafe. Full details are available in the Agribotix Manual. Agribotix seeks this exemption to conduct commercial operations and supporting R&D of sUASwithin restricted-access areas in the NAS. Without this exemption, sUAS innovation will be suppressed, the public economic benefits derived from increased sUAS development will be denied, and the Congressional directive to accelerate the integration of UAS into the NAS will be impeded. Agribotix sUAS physical and operational characteristics are compliant with those described in the FMRA and FAA’s guidance for Sec 333 exemptions. Agribotix respectfully requests that the FAA grant its petition for exemption from airworthiness. Please do not hesitate to contact Andrew McCollough, the Regulatory Services POC, via email at exemption@skyward.io if you have any questions or concerns.

Very Respectfully Yours,

Paul Hoff Agribotix CEO