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, 2015

RE: 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.
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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 exemption

Agribotix 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 away
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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 exemptions

Agribotix 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.
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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 area

of 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.
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• §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 sensor

packages 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 a

variety 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, benefitting

stakeholders 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 crop

yields 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.
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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 operation

according 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.
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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 sUAS

within 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
Agribotix sUAS Airworthiness

Exemption Petition

Information Supporting Petition v1.0

April 6, 2015
April 6, 2015

Agribotix Petition ii
Table of Contents

Table of Contents iii

List of Tables 1

1 Petition Justifications 3

2 Specific Exemption Requests 5

2.1 Part 61, Certification: Pilots, Flight Instructors, and Ground Instructors . . . . . . . . . . . . . . . 5

2.1.1 Extent of Relief . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5

2.1.2 Reason for Relief . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5

2.1.3 Public Benefit . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6

2.1.4 Equivalent Level of Safety . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6

2.2 §61.113 Private pilot privileges and limitations: Pilot in command. . . . . . . . . . . . . . . . . . . 6

2.2.1 Extent of Relief . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6

2.2.2 Reason for Relief . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6

2.2.3 Public Benefit . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6

2.2.4 Equivalent Level of Safety . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6

2.3 Part 67, Medical Standards and Certification . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6

2.3.1 Extent of Relief . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6

2.3.2 Reason for Relief . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7

2.3.3 Public Benefit . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7

2.3.4 Equivalent Level of Safety . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7

2.4 §91.7 Civil aircraft airworthiness. §91.203 Airworthiness Certificates . . . . . . . . . . . . . . . . 7

2.4.1 Extent of Relief . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7

2.4.2 Reason for Relief . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7

2.4.3 Public Benefit . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7

2.4.4 Equivalent Level of Safety . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7

2.5 §91.109, Flight instruction; Simulated instrument flight and certain flight tests. . . . . . . . . . . 8

2.5.1 Extent of Relief . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8

2.5.2 Reason for Relief . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8

2.5.3 Public Benefit . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8

2.5.4 Equivalent Level of Safety . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8

2.6 §91.119, Minimum safe altitudes: General. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8

2.6.1 Extent of Relief . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8

2.6.2 Reason for Relief . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8

2.6.3 Public Benefit . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8

2.6.4 Equivalent Level of Safety . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8

2.7 §91.121 Altimeter Settings . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9

2.7.1 Extent of Relief . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9

iii
April 6, 2015

2.7.2 Reason for Relief . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9

2.7.3 Public Benefit . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9

2.7.4 Equivalent Level of Safety . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9

2.8 §91.413, ATC transponder tests and inspections. §91.215, ATC transponder and altitude reporting equipment and use. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9

2.8.1 Extent of Relief . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9

2.8.2 Reason for Relief . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9

2.8.3 Public Benefit . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9

2.8.4 Equivalent Level of Safety . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9

2.9 §91.151, Fuel requirements for flight in VFR conditions. . . . . . . . . . . . . . . . . . . . . . . . . 10

2.9.1 Extent of Relief . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10

2.9.2 Reason for Relief . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10

2.9.3 Public Benefit . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10

2.9.4 Equivalent Level of Safety . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10

2.10 91.405, 91.407 91.409 91.417; Inspection and Maintenance Programs . . . . . . . . . . . . . . . 10

2.10.1 Extent of Relief . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10

2.10.2 Reason for Relief . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10

2.10.3 Public Benefit . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10

2.10.4 Equivalent Level of Safety . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11

Agribotix Petition iv
List of Tables

1.1 Exemption Justifications . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4

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Agribotix Petition 2
Section 1

Petition Justifications

Exemption Justifications (Table 1.1), below, describes our general reasoning for each exemption request, the

public good derived, and why we believe our operations nonetheless provide an equivalent level of safety to the

manned aviation regulations. Detailed justifications are provided for specific requests in Specific Justifications

(Section 2).

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TABLE 1.1: EXEMPTION JUSTIFICATIONS

Item Justification

Reason for Requesting Regulatory Relief Integration of sUAS into the NAS requires rapid, iterative

testing. It is an unreasonable burden to require

airworthiness certification for each iteration, modification,

or enhancement of each test airframe. In addition, the

commercial use of Agribotix sUAS is not allowed under

current FARs, even though the benefits are numerous and

risks minimal. Thus, we required regulatory relief in order

to build, test, and commercially operate our sUAS.

Public Benefit The safe and reliable operation of sUAS will provide

economic benefits historically unparalleled since the

invention of flight to stakeholders at every level of public

and private enterprise. sUAS operations will be able to

create new high-tech jobs that will stimulate city and state

governments, create new small and large businesses, infuse

new interest in STEM for our children, increase the safety of

citizens through enhanced first-responder capabilities, and

enable precision agriculture to improve crop yields.

Agribotix sUAS provide critical information to farmers to

reduce agricultural inputs and enhance the efficiency of

their farms. Especially in a time of drought,

efficiency-enhancing tools to reduce water use are vital to

agriculture. Agribotix sUAS and data services are exactly

that tool.

Safety Equivalence Agribotix operates at a level of safety equivalent to that of

professional manned aviation. As stated above, our safety

procedures, risk assessments, and flight operations

standards will be submitted directly to AIR–200 or other

appropriate FAA division for evaluation (local FSDO, etc.) as

necessary; and are submitted under seperate cover with

this petition. We are confident that our procedures meet

professional aviation standards. In addition, Agribotix sUAS

that are low-weight, operate at low velocity, and at low

altitudes do not pose a probable risk of injury to persons or

property.

Agribotix Petition 4
Section 2

Specific Exemption Requests

Agribotix’s reasons and explanation for requesting each exemption are presented below. In addition, we describe how we will maintain an equivalent level of safety to existing regulations for manual operation of manned

aircraft, insofar as existing regulations apply to sUAS or sUAS operations.

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

INSTRUCTORS

2.1.1 EXTENT OF RELIEF

Part 61, all sections.

2.1.2 REASON FOR RELIEF

Agribotix believes that part 61 as written is not applicable to sUAS. The size, weight, and maximum velocity of

sUAS ensures an equivalent level of safety with sUAS operators trained specifically on the operational capabilities of their sUAS. In addition, the sUAS category is not a specified category in part 61, hence compliance is not

possible. Furthermore, actual control of the flight surfaces, rotors, motors, etc. is provided by the autopilot;

sUAS operators simply specify heading or altitude direction to the autopilot. As a result, expertise in control of

the sUAS can be obtained rapidly compared to manual operation manned aircraft. In addition, we believe that

the operation of a manned aircraft is fundamentally different to that of the operation of a sUAS and therefore

requires a skills set which is not addressed under part 61. Finally, it is the policy of Agribotix, as described in

the operations manual, to require operators to have completed FAA ground instruction, passed the FAA written

examination or equivalent, and become qualified with the specific sUAS flown. All pilots will have successfully

completed the Agribotix education and training program.

Manned aviation pilot certification requirements, particularly of the “stick and rudder” variety are neither

necessary nor appropriate for sUAV operators. Agribotix believes that the FAA has the statutory power under

the FMRA to waive private pilot certification at their discretion, as indicated by the authorization to consider

which certificates, including airworthiness etc. would “at a minimum” be required. The Federal Aviation Act,

Subsection (t) of section 44701 provides the Administrator with broad authority to grant an exemptions and

waivers should the exemption be in the public interest. In addition, the FAA has waived private pilot certification

for flying vehicles much larger than sUAS, such as manned ultralight vehicles.

Agribotix believes that our pilot training, as well as the autopilot and failsafe technology, provide a better

than equivalent level of safety for sUAS operations than the manned aviation pilot training applicable to a private

pilot certificate and therefore a part 61 exemption should be granted.

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2.1.3 PUBLIC BENEFIT

See Exemption Justifications (Table 1.1).

2.1.4 EQUIVALENT LEVEL OF SAFETY

All operations will be conducted under the supervision of a pilot in command that either possesses a sport pilot’s license or has completed FAA ground instruction and passed the FAA written examination or equivalent.

In addition, operators of Agribotix sUAS are required to demonstrate proficiency in the normal, abnormal, and

emergency operating procedures of each sUAS flown. These operating procedures are defined in the Agribotix

operations and training manual.

2.2 §61.113 PRIVATE PILOT PRIVILEGES AND LIMITATIONS: PILOT IN

COMMAND.

2.2.1 EXTENT OF RELIEF

Relief from requirement to possess a private or commercial pilot’s license for aerial work such as aerial survey

and mapping.

2.2.2 REASON FOR RELIEF

§61.113 (a) stipulates that a holder of a private pilot certificatemay not act as a pilot in command of an aircraft for

compensation or hire; (b) states that a private pilot may act as PIC if the flight is incidental to business and does

not carry passengers or property. Furthermore, N–8900.227 “Unmanned Aircraft Systems (UAS) Operational

Approval” paragraph 16(c)(2)(c) “Operations without a pilot certificate” states that a operations which conform

to said paragraphmay be performed by a PIC that does not possess a private pilots license but that has completed

FAA private pilot ground instruction and passed the FAA Private Pilot written test. In addition, there is no means

currently of obtaining a commercial rating for UAS. Thus, we require relief in order to perform aerial work.

2.2.3 PUBLIC BENEFIT

See Exemption Justifications (Table 1.1).

2.2.4 EQUIVALENT LEVEL OF SAFETY

Our operations fullfill all the requirements in N–8900.227 16(c)(2)(c) for operations without a private pilots license. See Exemption Justifications (Table 1.1).

2.3 PART 67, MEDICAL STANDARDS AND CERTIFICATION

2.3.1 EXTENT OF RELIEF

Part 67, all provisions.

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April 6, 2015

2.3.2 REASON FOR RELIEF

Manned aircraft pilot medical qualifications are stringent due to the great responsibility, physical demands, and

safety concerns. sUAS in ultralight class of less than 55 lb. operating at low velocity and no more than 400 ft AGL

do not pose the same level of risk and therefore, may be operated by individuals with medical qualifications at

a different standard, namely, that of a Class C driver’s license. Requiring individuals to possess a First, Second,

or Third Class Medical certificate to operate a 5 lb. vehicle below 400 ft flying at less than 100 mph places an

unreasonable burden on both individuals as well as the FAA. In addition, our use case is similar to that of Exemptions No. 11223, 11222, 11237, 11228 and others, for which no medical certification other than a valid United

States driver’s license was required.

2.3.3 PUBLIC BENEFIT

See Exemption Justifications (Table 1.1).

2.3.4 EQUIVALENT LEVEL OF SAFETY

Class C drivers license medical requirements, verified by possession of a valid driver’s license.

2.4 §91.7CIVIL AIRCRAFT AIRWORTHINESS. §91.203 AIRWORTHINESS

CERTIFICATES

2.4.1 EXTENT OF RELIEF

Exemption from all provisions of part 91.7 for aircraft airworthiness or certification requirements.

2.4.2 REASON FOR RELIEF

Airworthiness certification is unneccessary given the size, weight, speed, and operational characteristics of Agribotix aircraft. In addition, the formal certification process would pose an unneccessary economic burden, hamper innovation, and reduce Agribotix competitiveness in the existing market.

2.4.3 PUBLIC BENEFIT

See Exemption Justifications (Table 1.1).

2.4.4 EQUIVALENT LEVEL OF SAFETY

Airworthiness certification for aircraft are intended to reduce the likelihood of injury to persons or property.

sUAS of this size and performance characteristics pose no probable risk of injury to persons or property. Nonetheless, Agribotix will: 1) operate sUAS only under the authority of a pilot in command; 2) operate sUAS only under

VFR in VMC,more than 5 nm from airports, in class G airspace and only when given authorization by the owner of

the property from which the sUAS will take off, land, or fly over. These operating restrictions will provide equal

or greater safety as those outlined §91.319. In addition, the low kinetic energy profile of this sUAS class (< 10

lb. MTOW) indicate no probable harm to persons or property. Furthermore, adherence to Agribotix SOP procedures provide a professional aviation standard that mitigates operational risk. See Exemption Justifications

(Table 1.1).

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April 6, 2015

2.5 §91.109, FLIGHT INSTRUCTION; SIMULATED INSTRUMENT FLIGHT

AND CERTAIN FLIGHT TESTS.

2.5.1 EXTENT OF RELIEF

§91.109, all provisions.

2.5.2 REASON FOR RELIEF

Agribotix sUAS are operated from a ground station and are, by design, not operable with multiple ground station

controllers. Manned aviation equipment requirements such as dual controls, dual flight instruments, and seats

are either unnecessary for the operation of or impossible to incorporate in sUAS. Flight instruction, therefore,

is accomplished with the instructor standing next to the operator and providing direction as needed.

2.5.3 PUBLIC BENEFIT

See Exemption Justifications (Table 1.1).

2.5.4 EQUIVALENT LEVEL OF SAFETY

Agribotix sUAS operators will be trained to the standard described in the Agribotix Operations, Training, and

Maintenance Manual. Manuals will be provided for inspection by the relevant FAA divisions. Instructional rigor

will be proved by instructors experienced on the Agribotix sUAS.

2.6 §91.119, MINIMUM SAFE ALTITUDES: GENERAL.

2.6.1 EXTENT OF RELIEF

Section 91.119 establishes safe altitudes for operation of civil aircraft. 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.

2.6.2 REASON FOR RELIEF

Agribotix sUAS, as described above, will never be operated at greater than 400 ft AGL and as such, §91.119 is

inappropriate to apply. sUAS aerial work in general, including Agribotix precision agriculture, aerial survey &

mapping, oil and gas inspection, etc. is typically done at low altitude to realize the benefits that sUAS operations

may provide.

2.6.3 PUBLIC BENEFIT

See Exemption Justifications (Table 1.1).

2.6.4 EQUIVALENT LEVEL OF SAFETY

See Exemption Justifications (Table 1.1).

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April 6, 2015

2.7 §91.121 ALTIMETER SETTINGS

2.7.1 EXTENT OF RELIEF

§91.121

2.7.2 REASON FOR RELIEF

The sUAS Ground Control Station (GCS) uses both GPS and a barometric altimeter. The GPS provides location

and altitude information and informs the barometer. The barometer is automatically calibrated with respect to

pressure at the ground on start before takeoff. The current altitude is visible on the ground control station.

2.7.3 PUBLIC BENEFIT

See Exemption Justifications (Table 1.1).

2.7.4 EQUIVALENT LEVEL OF SAFETY

The altitude information will be provided to the sUAS PIC through a digitally encoded telemetric data feed. See

also Exemption Justifications (Table 1.1).

2.8 §91.413, ATC TRANSPONDER TESTS AND INSPECTIONS. §91.215,

ATC TRANSPONDER AND ALTITUDEREPORTING EQUIPMENT AND

USE.

2.8.1 EXTENT OF RELIEF

§91.413 and §91.215.

2.8.2 REASON FOR RELIEF

ATC transponders are unnecessary for sUAS operating under 400 ft, VFR. Agribotix sUAS will be operated outside of Class A, B, and C airspace. In addition, the transponder adds unneeded weight to the aircraft reducing

payload and flight performance.

2.8.3 PUBLIC BENEFIT

See Exemption Justifications (Table 1.1).

2.8.4 EQUIVALENT LEVEL OF SAFETY

The pilot in command and observer will deconflict airspace within VLOS. The PIC will communicate with ATC

if required; however, operations will remain well outside a 5 nm radius around airports. See also Exemption

Justifications (Table 1.1).

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April 6, 2015

2.9 §91.151, FUEL REQUIREMENTS FOR FLIGHT IN VFR CONDITIONS.

2.9.1 EXTENT OF RELIEF

§91.151, all provisions.

2.9.2 REASON FOR RELIEF

The provision requires fuel sufficient for one half hour flight beyond the destination. The model sUAS flown

by Agribotix are powered by a set of batteries and have a maximum flight duration of between 13 minutes and

80 minutes under optimal flight conditions, depending on the Agribotix UAS. Requiring a reserve of one half

hour would reduce the effective endurance by nearly 40%, which is disproportionate to the size, speed, and

operational limitions of the Agribotix aircraft. This limitation would make commercial operation unreasonably

difficult, and therefore relief is required.

2.9.3 PUBLIC BENEFIT

See Exemption Justifications (Table 1.1).

2.9.4 EQUIVALENT LEVEL OF SAFETY

Even in the case of low battery power insufficient to return home, the sUAS will simply gradually land under

control. Agribotix believes that an equivalent level of safety can be provided by reserving a minimum of 20%

battery power to return home. In addition, as the home location is always within direct, unaided line of sight,

20% of battery is more than enough to enable any Agribotix aircraft to return home and land safely.

2.10 91.405, 91.407 91.409 91.417; INSPECTION AND MAINTENANCE

PROGRAMS

2.10.1 EXTENT OF RELIEF

Part 91.405, Maintenance required; §91.407, Operation after maintenance, preventive maintenance, rebuilding, or alteration; §91.409, Inspections; and §91.417, Maintenance records.

2.10.2 REASON FOR RELIEF

The part 91 provisions are not applicable to a sUAS of the described weight class. Furthermore, there are no FAA

certifiedmechanics for sUAS, so full compliance is not possible. In addition, the sUAS flown aremechanically simple, low-cost, and modular so that entire components including engines and propellers are minor replacements

rather than major repairs. Finally, continuous minor alterations and payload reconfigurations of sUAS are designed and required for the normal operation of sUAS and do not negatively impact airworthiness.

2.10.3 PUBLIC BENEFIT

See Exemption Justifications (Table 1.1).

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April 6, 2015

2.10.4 EQUIVALENT LEVEL OF SAFETY

Agribotix has developed inspection and maintenance manuals to maintain their sUAS in airworthy condition.

Each sUAS is maintained according to Agribotix’s standard by technicians proficient in the building, repair, and

maintenance of the sUAS. Inspection andMaintenancemanuals utilized byAgribotix contain all aircraft-relevant

items. Maintenance records are maintained in the Agribotix Operations Database, and are therefore immediately auditable by regulators on demand.

Agribotix Petition 11