U.S. Department ofTransportation I Federal Aviation Administration Docket Management System 1200 NewJerseyAve., SE Washington, DC 20590 For: Exemption Request Under Section 333 ofthe FAA Reform Act and Part 11 ofthe Federal Aviation Regulations Concerning Operation ofan Unmanned Aerial System Pursuantto Section 333 ofthe FAA Modernization and Reform Act of2012.

Submitted: May25, 2015

Michael Wallace President KentuckyWindage UAV, LLC 21 Sinking Fork Road Cadiz KY, 42211 270-889-3173 mikewallace@kentucky winageuav.com



### KentuckyWindageUA V LLC 270-889-3173Contents 

### 1. Overview of Exemption 2. Applicable Legal Standard under Section 333 3. Summary Background ofthe AgEagle Robotic Aircraft System 4. Scope of Mission Operations 5. Evidence ofAirworthiness 6. Safety Features 7. Mandatory Operating Conditions 8. Operator Requirements 9. Appendices, Attachments, and Confidentiality of Proprietary Documents 10. Summary & Conclusion Appendix A 

### Overview of Regulations from which Exemption is Requested; Including Explanation in the Context ofAppropriateness, Safety, and Benefit to the Public Interest. Appendix B 

### Company Profile Appendix C 

### Technical Specifications ofthe AgEagle Robotic Aircraft System 1. Physical Characteristics ofthe AgEagle 2. Performance Characteristics ofthe AgEagle 3. Maintenance 4. Reliability 5. FaultTolerance 6. Emergency Procedures and System Failures 7. Command and Control Systems



### KentuckyWindageUA V LLC 270-889-3173May 25th, 2015 U.S. Department ofTransportation Docket Management System 1200 NewJerseyAve., SE Washington, DC 20590 Re: Exemption Request UnderSection 333 ofthe FAA Reform Act and Part 11 ofthe Federal Aviation Regulations Dear Sir or Madam: Pursuantto Section 333 ofthe FAA Modernization and Reform Act of2012 (the "Reform Act") and 14 C.F.R. Part 11, KentuckyWindage UAV, LLC (KentuckyWindage UAV), seeks an exemption from Federal Aviation Regulations ("FARs") listed in Part 1. "Overview of Exemption" listed below and further detailed in AppendixA. The requested exemption would permit market research and commercial operations for the 2015 release ofthe AgEagle RoboticAircraft System ("AgEagle") manufactured by AgEagle, LLC; Neodesha, Kansas, USA; forwhich KentuckyWindage UAV is a technology advisor, authorized training partner, and reseller. 

### 1. Overview of Exemption The regulations from which the exemption is requested are as follows: 14 C.F.R. Part 21; Subpart H 14 C.F.R. 91.203(a) & (b); 14 C.F.R. 45.23(b); 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. 91.9(b)(2); 14 C.F.R. 91.119(c); 14 C.F.R. 91.151 (a); 14 C.F.R. 91.405(a); 14 C.F.R. 91.407(a)(1); 14 C.F.R. 91.409(a)(2);



### KentuckyWindageUA V LLC 270-889-317314 C.F.R. 91.417(a) While a collective case for exemption is madewithin this letter, AppendixA takes care to discuss each rule listed prior in relevant context to the request; showing why exemption from the FARs ofconcern are appropriate, provide an equivalent level of safety, and are in the public interest. 

### 2. Applicable Legal Standard under Section 333 Kentucky Windage UAVsubmits that grant ofthis exemption application for use ofthe AgEagle in precision agriculture, market research, surveying, mapping and inspection operations will advance the Congressional mandate in Section 333 ofthe Reform Actto accelerate the introduction ofsmall Unmanned Aerial Systems ("sUAS") into the National Airspace system ("NAS") if it can be accomplished safely. This law directsthe Secretary ofTransportation to considerwhether certain sUASs may operate safely in the NAS before completion ofthe rulemaking required under Section 332 ofthe Reform Act. In making this determination, the Secretary is required to determine which types of sUAS do not create a hazard to users ofthe NAS orthe public orpose athreatto national security in light ofthe following:

• The size, weight, speed, and operational capability ofthe sUAS. • Operation ofthe sUAS in close proximityto airports and populated areas. • Operation ofthe sUASwithin visual line ofsight ofthe operator. Reform Act 333(b)(1) states that ifthe Secretary determines that such vehicles "may operate safely in the national airspace system", the Secretary shall establish requirements for the safe operation ofsuch aircraft in the national airspace system." ld. 333(c)1

. The Federal Aviation Act expressly grants the FAAthe authorityto issue exemptions. This statutory authority, by its terms, includes exempting civil aircraft, as the term is defined under40101 ofthe 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 ofa regulation prescribed under

1 http://www.gpo.gov/fdsys/pkg/CRPT-112hrpt381/pdf/CRPT-112hrpt381.pdf



### KentuckyWindageUA V LLC 270-889-3173subsection (a) or (b) ofthis section orany ofsections 44702-44716 ofthis title ifthe Administratorfinds the exemption is in the public interest. 49 U.S.C. 44701 

### (f). See also 49 USC 44711(a); 49 USC 44704; 14 CFR 91.203(a)(1). The grant ofthe requested exemption is in the public interest based on the clear direction in Section 333 ofthe Reform Act; the additional authority in the Federal Aviation Act, as amended; the strong equivalent level ofsafety surrounding the proposed operations; and the significant public benefit, including enhanced safety and cost savings associated with transitioning to sUASs for aerial surveying, mapping and inspection applications. Accordingly, the applicant respectfully requests thatthe FAA grantthe requested exemption without delay.



### 3. Summary Background ofthe AgEagle Robotic Aircraft System The AgEagle is a battery-powered electricfixed wing aircraft with a wingspan of approximately 56 inches and atake offweight ofapproximately 7.5 pounds including payload. The AgEagle is programmed and operated primarily using cellular data network services, with the Pilot In Command ("PIC") overseeing operations using a laptop, tablet computer orsmartphone connected tothe Internet (usually overthe same cellular data network). The AgEagle can also be piloted over a 900 MHz radio using a laptop, tablet, or smartphone. Failsafe controls for emergency landings are also available via a 900 MHz industry-standard transmitter

### I receiver. 

### 4. Scope of Mission Operations The primary role ofthe AgEagle is aerial-based land survey in sparsely-populated rural areas including the acquisition ofaerial photographyfor photogrammetric and preliminary "scouting" purposes; primarily in the precision agriculture market space. The AgEagle is equipped to carry either still-shot orvideo cameras, as well as still-shot cameras that have been modified to detect near-infrared spectra in wavelengths attuned to plant health. Ultimately, the AgEagle system enables land stakeholders to make informed decisions in the context ofacreage. In the case of industries such as agriculture, the goal is enhanced land management and resource conservation that saves the land operator input costs while maximizing yield. As described in detail following, the scope ofthis exemption would permit the AgEagle to operate commercially in controlled conditions on private ground with the permission of the landowner and/or operator at low altitudes in a limited flight duration over an



### KentuckyWindageUAV LLC 270-889-3173airspace that is inherently limited in range. Furthermore, the relatively small size, low weight, and lack of hazardous payload (fuel) when compared to conventional manned aircraft make the AgEagle a lower-risk alternative to conventional manned aircraft designed to perform similar missions.



### 5. Evidence ofAirworthiness Critical to our exemption application is evidence ofthe airworthiness ofthe AgEagle robotic aircraft solution. Since inception of its proprietary airframe design, AgEagle, LLC believes that it has shown compliance through a history offlight operations totaling approximately 19,080 operational hours2. Furthermore, the AgEagle solution is a productthat is delivered to the customerfully rigged and fight tested. The AgEagle is sold as a complete product solution. Should the AgEagle not be airworthy, then a lack of sales would justifythis conclusion and consumers would not continue to purchase the AgEagle. The confidence offoreign regulatory bodies with respect to regular commercial use of the AgEagle has been already been proven; specifically in Australia. Falcon UAV, the AgEagle retailer forAustralia (http://www.falconuav.com.au), has applied for and received a UAVOperator's Certificate from the Australian Civil Aviation SafetyAuthority ("CASA"). Falcon UAV is currently operating theAgEagle commercially underthis certificate. 

### 6. Safety Features The criteria set forth in current regulation specifythe substantive showings ofthe safety and fitness ofa device for operation to ensure thatthe FAA has sufficient basis to evaluate the aircraft's safety. TheAgEagle has a significant set ofautomated features provided by DroneDeploy, a San Francisco, California-based UAVsolutions company that provides a hardware 

### I software solution that ensures safe takeoff, flight and landing in all but extreme conditions. Further details ofoperation can be found in Appendix C.

2 As of Dec 2014, AgEagle staff and customers have performed over 6,360 flights, logging 19,080 hours offlight time with the first generation AgEagle regarding both development and release versions. The current generation product, has achieved over 480 flights and 1,440 hours offlight time globally by AgEagle and its customers. This is a significant amount offlight time collected to understand and refine the AgEagle sUAS as a product. AgEagle, LLC has been approved a Section 333 waiver as of5-1-2015, Excepmtion No. 11480, Regulatory Docket No FAA-2014-1104.



### KentuckyWindageUA V LLC 270-889-3173Facilitated by the DroneDeploy solution, automated safetyfunctions and safety-enhancing features ofthe AgEagle include: • Automated preflight system performance checks and calibrations • A preflight checklist forthe sUAS operator • A one-button "hit the deck" collision avoidance command which causes the aircraftto drop from its cruising altitude and loiter at 50 feetAGL. • Automated condition and fault detection, warnings, and predefined responses to a number offlight and system conditions including: o High winds with system and user defined safetythresholds o Low battery with system and user defined safety thresholds o High temperature and other hardware safetythreshold monitors o An automated return protocol for a lost communication link • Predefined responses to flight parameters exceeding the aforementioned safety thresholds include behavior such as: o Attempting to reestablish radio communication o Returning to the home position to loiter o Returning to the home position to land o Landing atthe current position • In the case ofa lost GPSfix, a non-automated flight mode is enabled which allows the operatorto provide manual navigation inputsto assist in landing the vehicle. 

### 7. Mandatory Operating Conditions The requested exemption would permitthe commercial operation ofthe AgEagle under the following restrictions: • Operations will be performed in Class GAirspace. • Operations will be conducted 5 nautical miles outside ofmedium to large airports 

### 3

• Operations will be conducted outside of U.S. Military Bases, U.S. National Parks4 and posted Temporary Flight Restrictions ("TFRs")5

. • Operations will be performed at an altitude of no more than 400 foot above ground level ("AGL") at a target speed of40 knots. • Operations will be performed on private property with documented permission of the landowner and 

### I or land operator.

3 As illustrated on the World VFR map on http://skyvector.com 4 As illustrated on https://www.mapbox.com/drone/no-fly/# 5 As Illustrated on the FAA TFR Map http://tfr.faa.gov/tfr map ims/htmllindex.html 

### KentuckyWindageUA V LLC 270-889-3173• The aircraft will be operated in the field with both a Pilot In Command ("PIC") and a Visual Observer ("VO"). • The aircraftwill remain within the visual line-of-sight ofthe PIC forthe duration of the mission. • Forthe duration ofthe mission, the VO will maintain directvoice contact with the PIC. • Operations will occur during daytime hours undervisual meteorological conditions. • The aircraftwill be operated in sparsely populated areas awayfrom large assemblies of people and heavily trafficked roads. • Any additional State and 

### I or Local permits will be obtained priorto operation.



### 8. Operator Requirements Given the comprehensive set ofsafetyfeatures built-in to the AgEagle, Kentucky Windage UAV proposes thefollowing operator requirements in good faith with the safety ofthe National Airspace being paramount:

• The operator must have successfully completed and passed the FAA private pilot written examination oran FAA recognized equivalent. • The operator must have completed a training program authorized byAgEagle, LLC for operation and maintenance ofthe AgEagle robotic aircraft system. KentuckyWindage UAV notes thatthe FAA has found that the aforementioned safety factors have been sufficientto allow operation ofsUASs by operators in the context of operations pursuantto public COAs6. The FAA hasthe statutory authorityto grant exemptions to the requirements for and privileges associated with the grant ofairmen's certificates per49USC 44701 (f).

• In addition, the operator will submitto a security background check equivalentto that currently required to obtain a private pilot's license. The FAA has made it clear in preceding exemptions7 approved for operations in the same context thatthis type ofsecurity screening is critical to safety ofthe National Airspace; but as no official security screening procedures currently exist in the context of
6 See Federal Aviation Administration, Notice N8900.227, Unmanned Aircraft Systems (UAS) Operational Approval, July 30, 2013. 7 See exemption approvals 11567, 11110, and 11136



### Kentucky Windage

### UAV LLC 270-889-3173sUAS operation, KentuckyWindage UAV is willing to work with a representative from the FAA and 

### I orthe Department of Homeland Security directly to ensure this qualification is met.



### 9. Appendices, Attachments, and Confidentiality of Proprietary Documents Pursuantto this exemption from the FARs setforth above, AppendixA outlines the specifics ofthis request in detail so as to illustrate the applicant's understanding oftheir impactwith regards to the safety ofthe National Airspace. As a steward ofsuch, Kentucky Windage UAV has provided contextual detail pertaining to the operation of KentuckyWindage UAVas a company in Appendix B; as well as the technical specifications ofour preferred sUAS platform, the AgEagle in Appendix C. Additional documents pertaining to the specific maintenance and operation ofthe AgEagle are proprietaryto KentuckyWindage UAVand AgEagle LLC. As such, Kentucky Windage UAV requests that such documents be held as confidential bythe FAA as such time as said documents are provided to the FAA for review. Kentucky Windage UAVcan and will provide these documents on request, but asks for a direct communication with an FAA liaison to provide the materials as such. 

### 10. Summary & Conclusion To summarize, we the applicant seek an exemption; outlined in specific detail in AppendixA forthe allowance ofmarket research and commercial operations ofa small unmanned vehicle in surveying, mapping and inspection operations. Approval ofthe exemption allowing market research and commercial operations ofthe AgEagle for surveying, mapping and inspection operations will enhance safety by reducing risk. Conventional aerial survey and inspection operations using manned aircraft involve significantly larger aerial vehicles compared to the AgEagle, carry a significant quantity ofcombustible fuels, and require an on-board multi-person crew in piloting, observation, and survey roles. These operations require airtransitto and from the location ofthe activity, and said operations have the propensityto include congested environments in close proximity to physical obstacles and 

### I or presence ofthe general public. By contrast, the AgEagle weighs 7.5 lbs including payloads, uses a battery for power, does not require use ofthe National Airspace in transitto and from the area ofactivity, removes the need for airborne pilot and crew, and poses less risk to people and infrastructure on the ground.



### KentuckyWindageUA V LLC 270-889-3173In the context ofairsafety and national security, the AgEagle possesses the following attributes: • A small to modestoverall size; consisting ofa 56 inch wingspan and a weight of 7.51bs. • A limited range governed by an approximate 40 minute operational time with fly-away failsafes. • Load carrying capacity limited to a single sensor approximate to the size ofa consumer point-and-shoot camera. • A cruising speed ofapproximately 35 knots governed by software failsafes. • Multiple failsafe measures inherentto the design ofthe system implemented to ensure safeflight, recovery and incident mitigation. • No payload ofexplosives, combustibles, orother dangerous materials, such as fuel. Given the aforementioned attributes in comparison to existing aircraft currently in operation in the national airspace, the AgEagle poses little ifany threat to national security by the grant ofthe requested exemptions. The operation ofthe AgEagle for market research, surveying, mapping and inspection operations in accordance with the strict conditions outlined above, will provide an equivalent level ofsafety supporting the grant ofthe exemptions requested herein, including exempting AgEagle from the airworthiness requirements in Part

### 21 of 

### 14 CFR. The satisfaction ofthe criteria setforth in Section 333 ofthe Reform Act (i.e. size, weight, speed, operating capabilities, operation within Visual Line-Of-Sight ("VLOS") and lack of proximityto airports, populated orareas national security) and demonstrated equivalent level ofsafety as it relates to the requirementfor FAA pilot certification, provide adequate if notsignificantjustification forthe grant ofthe requested exemptions allowing KentuckyWindage UAV commercial operation ofthe AgEagle in agricultural market research, surveying, mapping and inspection operations. In conclusion, the safe operation ofthe AgEagle RoboticAircraft System is of utmost concern, and safety remains paramount. KentuckyWindage UAV intendsto operate within the spirit ofall applicable FAA regulations and will adhere to anyfurther refinements. The operation ofsUAS for precision agriculture in remote rural areas can and will be beneficial to the farmers, ranchers and landowners ofthis nation; as Kentucky Windage UAV operators and observers intend to perpetuate the "safetyfirst" mindset upheld by the FAA, while mitigating all risk to personnel and property both in the air and on the ground.



### KentuckyWindageUA V LLC 270-889-3173KentuckyWindage UAV understandsthatthe FAA is working diligentlyto safely integrate small Unmanned Aerial Systems into the National Airspace; and as such, requirements for safe operations could be subjectto change. That said, Kentucky Windage UAV is prepared to amend orappend this request in orderto satisfythe requirements ofsafe operation as the requirements continue to evolve. Please do not hesitate to contact us concerning any additional requirements orclarification. With sincere regards,

Michael Wallace President Kentucky Windage UAV, LLC



### KentuckyWindageUA V LLC 270-889-3173Appendix A Overview of Regulations from which Exemption is Requested; Including Explanation in the Context ofAppropriateness, Safety, and Benefit to the Public Interest. The regulations from which the exemption is requested are as follows: 14C.F.R. Part21, Subpart H & 91.203(a)(1):Airworthiness Certificates As the FAA continues the work ofdeveloping airworthiness standards for unmanned aerial systems, Kentucky Windage UAVseeks an exemption from the requirements for a certificate ofairworthiness as setforth in 14 C.F.R. 91.203(a)(1); and in turn 14 C.F.R. Part 21. KentuckyWindage UAV asks for consideration ofthese exemptions in the context ofthe size, weight, speed, operational capability and the use ofsaid system outside ofthe operational range ofairports and awayfrom populated areas. The AgEagle RoboticAircraft System weighs approximately 7.5 lbs fully loaded with a wingspan of56 inches. TheAgEagle carries no pilot orpassenger, carries no explosive materials orflammable liquid fuels, and operates at a relatively low altitude and slow speed exclusivelywithin confines ofprivate property. Given the small size and weight ofthe aircraft and the limited operating area associated with its utilization, it is unnecessaryto go through the certificate of airworthiness process under Part 21 Subpart Hto achieve or exceed current safety levels. Furthermore, these criteria demonstratethatthe AgEagle operating underthe conditions proposed herein, will be at least as safe, orsafer, than a conventional aircraft (fixed wing or rotorcraft) which has been issued an airworthiness certificate. 14C.F.R. 45.23(b), 91.9(c) 

### &91.203(b): Marking ofthe Aircraft Regulation 45.23(b) provides that the registration number ofthe aircraft must be on display prefixed bythe Roman capital letter 

### "N". The regulation also states that lettering identifying the aircraft as in the "limited," "restricted," "light-sport," "experimental," or "provisional" category must bedisplayed neareach entrance to the cabin, cockpit, or pilot station, in letters not less than 2 inches nor more than 6 inches high. In conjunction, regulation 91.9(c) provides that no person may operate a U.S.registered civil aircraft unless that aircraft is identified in accordance with part 45. Given thattheAgEagle has no cabin, cockpit, or pilot station, attempting to mark such areas would be futile. Furthermore, it is unclear atthe time ofwriting this request as to whether or notthe AgEagle would actuallyfit into one ofthe aforementioned categories as official marking systems for sUAS have not yet been established for operations



### KentuckyWindageUA V LLC 

### 270-889-3173inside the NAS. That said, Kentucky Windage UAV is prepared to register and display said registration numberfor anyAgEagle flying underexemption ifthe decision regarding this exemption requires it. Should display ofa registration number be required on the aircraft, Kentucky Windage UAVwill make every effortto displaythe lettering in a high visibility format on the aircraft in lieu ofspecific guidelines governing registration numbers in the context ofsUAS. As pursuantto regulation 91.9(c), Kentucky Windage UAV believes that our cooperation with marking regulations that can reasonably be complied with in the context ofthe exemption should fulfill this requirement. As pursuantto regulation 91.203(b), the relative size size and therefore lack ofany cabin orcockpitto hold personnel or passengers is non-existent. As such, itwould be impossible to display any airworthiness certificate for concerned passengers and crew even ifthe certificate was indeed required. KentuckyWindage UAV recognizes that the FAA has determined in prior exemptions that relieffrom 91.203(b) is not necessary; allowing relevant materials to be kept accessibleto the operator in compliance with the regulations. However, KentuckyWindage UAV respectfully requests that thatthe record pertinentto this exemption state as much in the order ofdue process so asto ensure a meaningful level ofcompliance. As such, KentuckyWindage UAVwill require for operation ofthe AgEagle that all relevant materials for operation be kept in a location accessible to the operator in a mannerbefitting current and future regulations. 14 C.F.R. 61.113(a) 

### &(b) 

### &14 C.F.R. 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 noncommercial operations. Unlike a conventional aircraftthat carries a pilot, passengers, and cargo, the AgEagle in this case is remotely controlled with no passengers or property ofothers on board. Section 61.133(a) requires an individual with a commercial pilot's license to be pilot in command ofan aircraftfor compensation or hire. AgEagle respectfully proposes that operator requirements should take into accountthe characteristics ofthe particular sUAS. The AgEagle has a high degree of pre-programmed control and various built-in technical capabilities through the DroneDeploy solution thatstrictly limitthe potential for operation outside ofthe operating conditions setforth in the exemption application. TheAgEagle operates by way ofan all-digital software platform powered by DroneDeploy with advanced features previously available only to larger and more complex unmanned aircraft. Automated features and advanced failsafe controls enable safe, reliable operation, as well as advanced networking capabilities and system extensibility. As such, nearly all operations in the context ofwhat is traditionally handled



### Kentucky Windage

### UAV LLC 270-889-3173and/or monitored by a pilot, either private or commercial, are handled by the autopilot underthe auspice ofthe DroneDeploy system. Such features include:

• Intelligent fault handling- The system automatically detects potential issues with configurable automated response behavior such as a "return home" and landing routines. • Automatic preflight checks- The system self-calibrates all of its sensors and performs diagnostics priorto takeoffto check for errors and no-fly situations. • No-flyzones: The system has the abilityto set up no-fly zones visually and using existing flight charts. • Self-monitoring- Battery levels, GPS fix, radio connection(s), inflightwind speeds, and numerous other system and environmental conditions are continuously monitored, logged, and automatically handled bythe system. In the event ofa fault, the aircraftwill perform the appropriate predefined fatal or non-fatal condition response. • Battery communication: Flighttime and battery minutes are available at all times to the operator. The aircraftwill return to the mission point oforigin and land automatically ifthe operational limits are reached. As a matter ofprinciple as well as a matterofgood business, flight safety is of utmost priority. TheAgEagle achieves this via the DroneDeploy system; presented to the operator in a means that limitsthe operators' abilityto operate outside ofacceptable safety parameters; regardless ofoperating environment or project. The AgEagle offers superior safety over manned aircraft by removing the operatorfrom presence on-board the aircraft and those potentially dangerous situations subsequently associated therein. Given the aforementioned operational and safetyfeatures, Kentucky Windage UAV proposes that operators ofthe AgEagle should not be required to hold a commercial or private pilot certification. In lieu, operators will:

• Successfully complete and pass the FAA private pilot written examination or an FAA recognized equivalent. • Complete a training program authorized byAgEagle, LLC for operation and maintenance ofthe AgEagle robotic aircraft system. • Submitto a security background check equivalentto that currently required to obtain a private pilot's license.



### Kentucky Windage

### UAV LLC 270-889-3173Kentucky Windage UAV notes that the FAA has found that equivalent safetyfactors have permitted operation ofsUAS by operators with similar qualifications in the case of operations pursuantto public COAs where the mandatory operating conditions specified above are present. See Federal Aviation Administration, Notice N8900.227, Unmanned Aircraft Systems (UAS) Operational Approval, at p. 20-21 (July 30, 2013). The FAA has the statutory authority, granted at 49 U.S.C.44701

### (f) to waive the pilot requirements for commercial operations. Given these conditions and restrictions, an equivalent level ofsafety can and will be provided bythose in operation ofthe AgEagle without a private pilot's certificate or a commercial pilot's certificate, underthe conditions setforth herein. The risks associated with the operation ofthe AgEagle (given its size, speed, operational capabilities, and lack ofcombustible fuel) are so diminished from the level of risk associated with private pilot operations orcommercial operations contemplated by Part 61 with conventional aircraft (fixed wing or rotorcraft), that allowing operations of the sUAS as setforth above meets or exceeds the present level ofsafety 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). 

### 14 C.F.R. 91.7(a): Civil AircraftAirworthiness. This regulation requires that no person may operate a civil aircraft unless it is in airworthy condition. Should the exemption be granted to allow commercial operation of the AgEagle without an airworthiness certificate, no standard will existfor airworthiness ofthe AgEagle. Given the precedence for exemption issuances ofsUAS lacking a proper airworthiness certificateS, Kentucky Windage UAV respectfully requests thatthe AgEagle be considered in a similar context as an equivalent (if not higher level) of safety will be achieved by a combination ofthe fault monitoring ofthe DroneDeploy system, as well as compliance with all flight protocols contained within the AgEagle operational instructions before, during, and after each flight. 

### 14C.F.R. 91.9(b)(2): Civil Aircraft Flight Manual in the Aircraft. The regulation provides that no person may operate a U.S.registered civil aircraft, "Forwhich an Airplane or Rotorcraft Flight Manual is not required by 21.5 ofthis chapter, unless there is available in the aircraft a current approved Airplane or

8 See Exemption Approvals 11480, 11567, 11066, 11136, 11166, 

### et. a/.



### KentuckyWindageUA V LLC 270-889-3173Rotorcraft Flight Manual, approved manual material, markings, and placards, or any combination thereof." Given the size and configuration ofthe AgEagle, it has no ability or place to carry such a flight manual on the aircraft, not only because there is no pilot on board, but because there is no room or capacity to carry such an item on the aircraft. The equivalent level ofsafety will be achieved by keeping the operational instructions at the ground control pointwhere the operator in control ofthe AgEagle will have immediate access to it. KentuckyWindage UAV recognizes that the FAA has determined that relieffrom this sections is not necessary; allowing relevant materials to be kept accessible to the operator in compliance with the regulations. As in the context of 14 CFR 91.203(b), Kentucky Windage UAV prefers to have this matterdocumented in the order ofdue process so as to ensure a meaningful level ofcompliance. As mentioned prior, Kentucky Windage UAVwill require for operation ofthe AgEagle that all relevant materials for operation be kept in a location accessible to the operator in compliance with current and future regulations. 

### 14 C.F.R. 91.119(c): Minimum Safe Altitudes Section 91.119 establishes safe altitudes for operation ofcivil aircraft. Specifically, 91.119(c) limits aircraftflying overareas otherthan congested areasto an altitude of 500 feet above the surface, except over open water orsparsely populated areas. In those cases, the aircraft may not be operated closerthan 500 feet to any person, vessel, vehicle, orstructure. As established in this request for exemption, KentuckyWindage UAVwill never operate the AgEagle higherthan 400 feetAGL. It will not be operated in congested or populated areas. Flights conducted with theAgEagle will onlytake place on propertywith authorization ofthe the landowner and I or operator. Because sUAS aerial survey, mapping and inspection work can be, and is most often the case, accomplished at relatively low altitudes including altitudes lessthan 500 feetAGL, an exemption from Section 91.119(c) is needed. Despite flying at lower altitudes than more conventional manned aircraft, an equivalent level ofsafetywill be achieved given the size, weight, speed, and material with which the AgEagle is built. The AgEagle is not an aircraft built fortransit; rather it is a survey tool that is transported via other means to its intended area ofoperation. Because ofthe inherent "fenced in" nature of its missions, that is, over land where affected individuals


### KentuckyWindageUA V LLC 270-889-3173will be aware ofthe flights, KentuckyWindage UAVfeels that a lower altitude operation actually provides a higher level ofsafety. Compared to aerial survey operations conducted with aircraft or rotorcraft weighing far more than 7.5 lbs and carrying flammable fuel, any risk associated with these operations will be far less than those currently allowed with a conventional aircraft operating at or below 500 feetAGL. Moreover, the low altitude operations ofthe AgEagle will maintain a separation between such sUAS operations and the operations ofconventional aircraftthat must comply with Section 91.119. 

### 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 underVFR 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 afterthatfor at least 30 minutes; or (2) At night, tofly afterthat for at least45 minutes." The AgEagle batteries provide approximately 40 minutes of powered flight. KentuckyWindage UAVwould only conductflight during the day; and without an exemption from 14 CFR 91.151, daytimeflights would be limited to approximately 10 minutes in length. Given the limitations on its proposed operations and the location ofthose proposed operations, a longertimeframe forflight in daylight VFR conditions is reasonable. Operating the AgEagle without 30 minutes of reserve power does not begetthetype of risks that Section 91.151 (a) was meantto prevent given the size and speed atwhich the UAS operates, as well as given the fact that Kentucky Windage UAV intends to maintain a VLOS with the AgEagle at all times. Thefactthat it carries no pilot, passenger, or cargo also enhances its safety. Additionally, limiting AgEagle flights to 10 minutes would greatly reduce the utility ofthe aircraft. In the unlikely event thatthe AgEagle should run out of power, itwould simply land on ground on which KentuckyWindage UAV had already been granted flight over by the landowner and 

### I or operator. Given its weight and construction material, the risks are less than contemplated by the current regulation. Kentucky Windage UAV believes that an equivalent level ofsafety can be achieved by maintaining 10 minutes of reserve power, which, allowing 30 minutes offlight time, would be more than adequate to return the AgEagle to its planned landing zone from anywhere in its VLOS operating area. Similar exemptions have been granted to others in similar situations, including Exemptions 11480, 11567, 2689, 5745, 10650, and 11110.



### KentuckyWindageUAV LLC 270-889-317314C.F.R. 91.405(a), 14C.F.R. 91.407(a)(1), 14C.F.R. 91.409(a)(2) & 14C.F.R. 91.417(a): Maintenance and Inspections Relating Thereto Section 91.405(a) requires that an aircraft operator or owner "shall have that aircraft inspected as prescribed in subpart E ofthis part and shall between required inspections, except as provided in paragraph (c) ofthis section, have discrepancies repaired as prescribed in part43 ofthis chapter

..." Section 91.407 similarly makes reference to requirements in Part 43; Section 91.409(a)(2) requires an annual inspection for the issuance ofan airworthiness certificate. Section 91.417(a) requires the owner or operatorto keep records showing certain maintenance workthat has been accomplished by certificated mechanics, under Part43, or licensed pilots and records of approval ofthe aircraftfor return to service. Maintenance ofthe AgEagle is performed by the operator in accordance with the instruction materials provided with the AgEagle perthe guidance given during training from AgEagle LLC and 

### I or one of its authorized training affiliates. When instruction and training is followed bythe aircraft operator, an equivalent level ofsafety can be achieved in lieu ofthe aforementioned maintenance and inspection criteria set forth in the C.F.R. because the inherent properties oftheAgEagle itself including: • The relatively small size and mechanical simplicity oftheAgEagle • Its lack of cargo, crew, or passengers • AnyAgEagle mission will not extend past a predetermined area forwhich the operator has permission to conductflight operations. • The operator is trained to inspect all maintenance points on the aircraft priorto flight. As a trained operator is an individual with a greater level offamiliarity and understanding with the AgEagle platform, itfollows that this person is also best suited to maintain the airworthiness ofthe aircraft in a context ofa level ofsafety equivalent to that presently mandated. All criteria pertinentto flight operations are logged bythe DroneDeploy system and are available for immediate review bythe operator. The DroneDeploy system also conducts a diagnostic inspection of hardware and software systems priorto launch, with any inspection failure being sufficientto suspend flight operations until the problem is resolved.



### KentuckyWindage

### UAV LLC 270-889-3173The AgEagle airframe is unique among its peers in that the manufacturer reinforces an otherwise standard foam airframe with sturdy and lightweight composite materials thus significantly reducing overall wear-and-tearto the airframe. Ifsuch an event occurs during operation thatthe airframe is rendered unsuitable forflight, the aircraftwith take appropriate action to compensate to keep the aircraft airborne orterminate the mission in the context ofeithera Fatal or Non-Fatal Conditioned response (see Appendix C "Reliability", "FaultTolerance" and "Emergency Procedures and System Failures").



### KentuckyWindageUA V LLC 270-889-3173Appendix B 

### Company Profile KentuckyWindage UAV Remote Sensing Systems, LLC {"Kentucky Windage UAV") is a United States company located in Cadiz, Kentucky. KentuckyWindage UAVwas founded on a mission to provide second-to-none small Unmanned Aerial Systems {"sUAS") sales, support, and service enriched by scientific insightto its customers in and around Western Kentucky. The founding partners have over 15 years combined experience in Geographic Information Systems (GIS) and remote sensing; and ourstaff has a strong background in providing technology solutions to industries that insist on above-the-bar customer service, such as local government and public safety. Our knowledge ofthe acquisition methods, sensors, and deliverables associated with GIS, paired with a drive to provide insightful customer service puts Kentucky Windage UAV in a unique industry position to facilitate the adoption ofsUAS within agriculture and the rural business market as a whole. Kentucky Windage UAV continues to work with the agribusiness industry, cooperatives, local universities and the rural public at large to promote a positive "people first" view of unmanned systems. KentuckyWindage UAV is the exclusive Western Kentucky dealerfortheAgEagle RoboticAircraft System; engineered and manufactured byAgEagle, LLC; a United States Company located in Neodesha, Kansas. KentuckyWindage UAV is an authorized training centerforAgEagle and licenses documentation and training materialstoAgEagle fortheir customers internationally. According to the manufacturer, AgEagle systems have a demonstrated track record with respect to safety, logging over 19,080 operational hours while surveying approximately 1,272,000 acres to datewithout incidentto property or person.



### KentuckyWindageUAV LLC 270-889-3173Appendix C 

### Technical Specifications ofthe AgEagle Robotic Aircraft Systemg The AgEagle can carry payloads up to 2.5 lbs and flies at a maximum wind threshold of 43 mph for sustained winds and wind gusts up to 55 mph. To this point, the AgEagle employs a system that automatically compensates forwind ratherthan relying on the operatorto determine the impact ofthe wind with respect to the mission dynamic atthe altitude the system is flying. The end result is a system capable ofgathering high quality aerial survey data at higherwind thresholds; a trait that is imperative for many aerial inspection operations. The AgEagle has an operational range of up to 20 Statute miles (17.38 Nautical Miles); however, software failsafes actively restrict the functional range to safe and appropriate distances in-line with Visual Line-Of-Sight ("VLOS") operation. All flight operations are GPS controlled, making the system stable, steady, and easy to navigate. At any pointthat the operator is not explicitly in command ofthe system, the AgEagle automatically holds its position via GPS navigation (i.e. GPS hold for reliable location loiter). Image acquisition is also GPS controlled allowing for a sophisticated level ofcamera control that is also straightforward to operate. Theflight control system employs GPS positioning and navigation as well as a variety ofsensors including range-finding, barometric pressure, temperature, and wind speed to ensure a higher level of reliability with respectto other sUAS in its class. Powered bythe DroneDeploy autopilot enhancement solution, the AgEagle can be operated in both semi- and fully autonomousflight modes. In semi-autonomous mode, the operator controls flight operations in real-time via a map interface. Forfully autonomous flights, pre-planned flight paths are programmed via the same map interface before the mission. All waypoints, landing zone points and flight area dimensions are all entered before the mission and stored completely in non-volatile aircraft memory, ensuring the AgEagle operates onlywithin specified pre-programmed parameters. The AgEagle includes many advanced safetyfeatures that make it a practical choice in the context of rural operation. Built-in intelligentfault handling allows the AgEagle to 9 Technical Specifications ofthe AgEagle have been provided to Kentucky Windage UAV by the manufacturer upon their request.



### KentuckyWindageUAV LLC 270-889-3173detect a system faultwhile in the air, and to automaticallyfly backto its takeoff location and land. Faults that can be detected include: • Loss of radio communication • Exceeded presetwind thresholds • Low battery levels • Operator-defined "no fly zones" as well as maximum flight ranges and altitudes In addition, the AgEagle must pass a series of automated flight checks initiated by the DroneDeploy system priorto launch to ensure the system is flight-ready. The AgEagle can be operated entirely by a touchscreen or point-and-click map-based interface. Beyond safety, the responsibility ofthe operator is to program the aircraftwith the proper navigation parameters, and allowthe the autopilot system to control the operational minutiae. Data used for mission planning can be saved and flight plans can be re-used where appropriate. The body ofdocumentation provided for instruction and operation ofthe AgEagle can be made available upon request10.



### 1. Physical Characteristics ofthe AgEagle • Dimensions: o 56 inch wingspan o 26 inch length o 6.5 inch height • Weight (without payload, including batteries): 7 pounds • Weightwith sensor payload (takeoffweight): 7.5 pounds • Fuel: NotApplicable • Propulsion System o Engine: One electric brushless DC motor. o Power: Self-contained, high-duration Lithium Polymer ("LiPo") batteries monitored bythe on-board autopilot via real-time data feeds to ensure maximum flight duration and subsystem safety processes. o Charging: Battery charger included with the system monitors and balances current loads. Can be performed via standard wall outlet (AC), or using DC power. • Landing: "Belly landing" utilizing a polycarbonate protective "skid" plate.

10 See Application Section 9: "Appendices, Attachments, and Confidentiality of Proprietary Documents"


### KentuckyWindage

### UA V LLC 270-889-3173

### 2. Performance Characteristics ofthe AgEagle • Maximum Altitude: 400 ft AGL • Maximum Endurance: 40 minutes • Maximum Range: Visual Line OfSight ("VLOS") • Weather Minimums: NotApplicable • Winds Maximum: 40 mph (sustained) • Minimum ceiling: VLOS • Minimum visibility: VLOS • Icing conditions: None (No-fly) • Precipitation: None (No-fly) 

### 3. Maintenance TheAgEagle performs automatic preflight checks utilizing the DroneDeploy system. The failure ofany preflight checkwill preventtakeoff. As an added measure ofsafety per instruction materials and training provided byAgEagle or one of its adjuncts, a qualified operator is to perform a visual inspection ofthe AgEagle priorto each flight. The preflight checklist includes (but is certainly not limited to): • Visual inspection ofthe airframe, servos, and control surfaces • Visual inspection ofmotor mount and propeller integrity • Check charge ofall batteries (aerial vehicle, command station, radio repeater station) Besidesthetasks associated directlywith the aforementioned preflight checks, the AgEagle is nearly maintenance free. 

### 4. Reliability The system is designed for maximum reliabilityto maintain consistent performance over the product lifespan. Components experiencing routine wear include motors, batteries, and servos. Battery and motor conditions are monitored bythe DroneDeploy system with deviations reported instantaneouslyto the operator. Contactwith other objects sometimes during take-off, but usually during landing may cause servos, pushrods, or controlling surfaces to become damaged. Damaged components are likelyto be detected during the full visual inspection ofthe airframe performed before each flight. Likewise, structural damage affecting flight characteristics will be detected not only visually, but by onboard sensors via the DroneDeploy system as well.



### KentuckyWindageUA V LLC 270-889-3173The AgEagle detects numerous conditions which may make flying unsafe, including (but not limited to) reduced GPS accuracy, magnetic anomalies, low battery charge, battery cell imbalances, and temperature fluctuations. Automatic preflight checks preventthe AgEagle from taking off ifsuch conditions are present; or, ifthe condition is detected during flight, the system will trigger a Fatal Conditioned Response ("FCR") with respect to aforementioned fault detection system. 

### 5. FaultTolerance The keyfeature ofthe AgEagle faulttolerance is its mechanical simplicity. The AgEagle airframe is ofa flying wing configuration with one electric motor and two elevon controlling surfaces. Failure ofthe motor orany component failure detectable bythe system will be reported to the operator and will cause the AgEagle to perform an FCR or Non-Fatal Conditioned Response ("NFCR"), depending on the type offailure. 

### 6. Emergency Procedures and System Failures The AgEagle has extensive failure detection and handling capabilities. All failures are deeded to be either FCR or NFCR.

• Sensor Failure: Failure ofonboard flight instruments/sensorswill degrade performance and will result in either a FCR or a NFCR, depending on their severity. Ifthe AgEagle becomes unstable dueto sensorfailure, the autopilot system will trigger an appropriate landing response to prevent a fly-away condition. • Motor Failure: Given the inherentfixed-wing airframe design, theAgEagle can be safely landed in the event ofmotorfailure. Such an eventwould be handled as an FCR or NFCR depending on severity and the autopilot system will trigger an appropriate landing response. • Power Failure: A complete batteryfailure causing power loss to the sUAS will result in significantly degraded flight performance. However, given the minimal power consumption necessaryto maintain radio link, autopilot, and control surface operation, a motorfailure is more likelyto occur before a complete power failure. • Airframe Failure: Ifairframe is damaged in ways that impacts flight characteristics, theAgEagle will behave similarto as if an onboard flight instrumentfailed. • Navigation System Failure: In a navigation system failure, degraded GPS will result in an FCR or NFCR depending on the severity ofthe failure(s).



### KentuckyWindageUA V LLC 270-889-3173• Low Battery Condition: Operatorwill be alerted ofa low battery condition and the aircraftwill initiate landing procedures as soon as able. • VLOS Loss: All flight operations will be conducted with the AgEagle within visual sight ofthe Pilot in Command ("PIC"). Ifthe PIC's view becomes obstructed and VLOS is lost, the PIC may instructthe AgEagle to loiter in its current position until VLOS is reestablished, orto return to the predetermined landing site, orto land atthe current position. • Security: The system and communication links are encrypted by proprietary software provided by the DroneDeploy system. 

### 7. Command and Control Systems The AgEagle Ground Control Station ("GCS") powered by DroneDeploy allows the operator simultaneous control over aircraft and sensor payload. Interface control allows for quick navigation and data entrywhile the display screen provides all essential flight data to the operator. Telemetry data is transmitted to the command station at least once per second. 

### Displayed on GCS: • Position • Navigation Route • Aircraft Identifier • Position • Altitude • Heading • North Seeking Arrow • Range to Target • Calculated target position • Date/time • Sensor heading and orientation relative to aircraft 

### Onboard Flight Instruments • The AgEagle is equipped with an Inertial Navigation System including: o 3-axis gyroscope o 3-axis magnetometer o GPS receiver o Static pressure sensor o Range-finding sensorfor precision AGL altitude measurement



### Kentucky WindageUA V LLC 

### 270-889-3173• The AgEagle is equipped onboard computer systems to monitor (sensors, battery, etc.), control (speeds, altitude, position, etc.), and communicate (control, telemetry, etc.). • The AgEagle can operate autonomously; it does not require any inputfrom groundbased equipment, orfrom the operatorto remain airborne. • FrequencyAllocations: 

### 900 MHz, 

### 2.4 GHz, 5.8 GHz, 

### 1,700- 2,100 Mhz, custom • A flight termination linkto prevent a "fly away" or other potentially dangerous situations is available to the operator atthe GCS. • The AgEagle is launched autonomouslyvia catapult. A Landing Zone ("LZ") is designated bythe operator priorto takeoff and identified in the GCS software. Landing is handled autonomously atthe cue ofthe operator afterthe completion ofthe survey mission. Between instruction sets from the operator, the AgEagle is programmed to autonomously loiter overthe LZ until further operator instruction is provided. • Maps specificto navigation and mission planning are provided via the Drone Deploy system, which are overlaid with GPS positional data from the AgEagle. • Navigation waypoints can be created before and during flight operation. Overthe course of normal operation, waypoints are combined to create a scan pattern-type flight pattern conducive to collecting nominal aerial survey data. • The AgEagle combines the inputfrom a multitude ofsensors to create redundancies in the system. Even though the data from all sensors is required for optimal system performance, a single sensor malfunction is likelyto result in degraded performance and possibly an FCR or NFCR, ratherthan leading to a catastrophicfailure.



### KentuckyWindageUA V LLC 270-889-3173