U.S. Department of Transportation I 

Federal Aviation Administration 

Docket Management System 

1200 New Jersey Ave., SE 

Washington, DC 20590 

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

Federal Aviation Regulations Concerning Operation of an Unmanned Aerial System 

Pursuant to Section 333 of the FAA Modernization and Reform Act of 2012. 

Submitted: May 25, 2015 

Michael Wallace 

President 

Kentucky Windage UAV, LLC 

21 Sinking Fork Road 

Cadiz KY, 42211 

270-889-3173 

mikewallace@kentucky 

winageuav.com 

Kentucky Windage UA V LLC 270-889-3173 
Contents 

1. Overview of Exemption 

2. Applicable Legal Standard under Section 333 

3. Summary Background of the AgEagle Robotic Aircraft System 

4. Scope of Mission Operations 

5. Evidence of Airworthiness 

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 of Appropriateness, Safety, and Benefit to the 

Public Interest. 

Appendix B 

Company Profile 

Appendix C 

Technical Specifications of the AgEagle Robotic Aircraft System 

1. Physical Characteristics of the AgEagle 

2. Performance Characteristics of the AgEagle 

3. Maintenance 

4. Reliability 

5. Fault Tolerance 

6. Emergency Procedures and System Failures 

7. Command and Control Systems 

Kentucky Windage UA V LLC 270-889-3173 
May 25th, 2015 

U.S. Department of Transportation 

Docket Management System 

1200 New Jersey Ave., SE 

Washington, DC 20590 

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

Federal Aviation Regulations 

Dear Sir or Madam: 

Pursuant to Section 333 of the FAA Modernization and Reform Act of 2012 (the "Reform 

Act") and 14 C.F.R. Part 11, Kentucky Windage UAV, LLC (Kentucky Windage UAV), 

seeks an exemption from Federal Aviation Regulations ("FARs") listed in Part 1. 

"Overview of Exemption" listed below and further detailed in Appendix A. 

The requested exemption would permit market research and commercial operations for 

the 2015 release of the AgEagle Robotic Aircraft System ("AgEagle") manufactured by 

AgEagle, LLC; Neodesha, Kansas, USA; for which Kentucky Windage 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); 

Kentucky Windage UA V LLC 270-889-3173 
14 C.F.R. 91.417(a) 

While a collective case for exemption is made within this letter, Appendix A takes care 

to discuss each rule listed prior in relevant context to the request; showing why 

exemption from the FARs of concern are appropriate, provide an equivalent level of 

safety, and are in the public interest. 

2. Applicable Legal Standard under Section 333 

Kentucky Windage UAV submits that grant of this exemption application for use of the 

AgEagle in precision agriculture, market research, surveying, mapping and inspection 

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

accelerate the introduction of small Unmanned Aerial Systems ("sUAS") into the 

National Airspace system ("NAS") if it can be accomplished safely. This law directs the 

Secretary of Transportation to consider whether certain sUASs may operate safely in 

the NAS before completion of the rulemaking required under Section 332 of the Reform 

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

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

national security in light of the following: 

• The size, weight, speed, and operational capability of the sUAS. 

• Operation of the sUAS in close proximity to airports and populated areas. 

• Operation of the sUAS within visual line of sight of the operator. 

Reform Act 333(b )( 1) states that if the Secretary determines that such vehicles "may 

operate safely in the national airspace system", the Secretary shall establish 

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

333(c) 1 . 

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

This statutory authority, by its terms, includes exempting civil aircraft, as the term is 

defined under 40101 of the Act, from the requirement that all civil aircraft must have a 

current airworthiness certificate and those regulations requiring commercial pilots to 

operate aircraft in commercial service: 

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

prescribed under 

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

Kentucky Windage UA V LLC 270-889-3173 
subsection (a) or (b) of this section or any of sections 44702-44716 of this title if the 

Administrator finds 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 of the requested exemption is in the public interest based on the clear 

direction in Section 333 of the Reform Act; the additional authority in the Federal 

Aviation Act, as amended; the strong equivalent level of safety surrounding the 

proposed operations; and the significant public benefit, including enhanced safety and 

cost savings associated with transitioning to sUASs for aerial surveying, mapping and 

inspection applications. Accordingly, the applicant respectfully requests that the FAA 

grant the requested exemption without delay. 

3. Summary Background of the AgEagle Robotic Aircraft System 

The AgEagle is a battery-powered electric fixed wing aircraft with a wingspan of 

approximately 56 inches and a take off weight of approximately 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 or smartphone connected to the Internet (usually over the 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 of the AgEagle is aerial-based land survey in sparsely-populated rural 

areas including the acquisition of aerial photography for photogrammetric and 

preliminary "scouting" purposes; primarily in the precision agriculture market space. The 

AgEagle is equipped to carry either still-shot or video 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 of acreage. 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 of this 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 

Kentucky Windage UA V LLC 270-889-3173 
airspace 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 of Airworthiness 

Critical to our exemption application is evidence of the airworthiness of the AgEagle 

robotic aircraft solution. Since inception of its proprietary airframe design, AgEagle, LLC 

believes that it has shown compliance through a history of flight operations totaling 

approximately 19,080 operational hours2. Furthermore, the AgEagle solution is a 

product that is delivered to the customer fully 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 justify this conclusion and consumers would not continue to purchase the 

AgEagle. 

The confidence of foreign regulatory bodies with respect to regular commercial use of 

the AgEagle has been already been proven; specifically in Australia. Falcon UAV, the 

AgEagle retailer for Australia (http://www.falconuav.com.au), has applied for and 

received a UAV Operator's Certificate from the Australian Civil Aviation Safety Authority 

("CASA"). Falcon UAV is currently operating the AgEagle commercially under this 

certificate. 

6. Safety Features 

The criteria set forth in current regulation specify the substantive showings of the safety 

and fitness of a device for operation to ensure that the FAA has sufficient basis to 

evaluate the aircraft's safety. The AgEagle has a significant set of automated features 

provided by DroneDeploy, a San Francisco, California-based UAV solutions company 

that provides a hardware I software solution that ensures safe takeoff, flight and landing 

in all but extreme conditions. Further details of operation 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 of flight 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 of flight time globally by AgEagle and its customers. 

This is a significant amount of flight time collected to understand and refine the 

AgEagle sUAS as a product. AgEagle, LLC has been approved a Section 333 waiver 

as of 5-1-2015, Excepmtion No. 11480, Regulatory Docket No FAA-2014-1104. 

Kentucky Windage UA V LLC 270-889-3173 
Facilitated by the Drone Deploy solution, automated safety functions and 

safety-enhancing features of the AgEagle include: 

• Automated preflight system performance checks and calibrations 

• A preflight checklist for the sUAS operator 

• A one-button "hit the deck" collision avoidance command which causes the 

aircraft to drop from its cruising altitude and loiter at 50 feet AGL. 

• Automated condition and fault detection, warnings, and predefined responses to 

a number of flight and system conditions including: 

o High winds with system and user defined safety thresholds 

o Low battery with system and user defined safety thresholds 

o High temperature and other hardware safety threshold 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 at the current position 

• In the case of a lost GPS fix, a non-automated flight mode is enabled which 

allows the operator to provide manual navigation inputs to assist in landing the 

vehicle. 

7. Mandatory Operating Conditions 

The requested exemption would permit the commercial operation of the AgEagle under 

the following restrictions: 

• Operations will be performed in Class G Airspace. 

• Operations will be conducted 5 nautical miles outside of medium 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 of 40 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 

Kentucky Windage UA 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 aircraft will remain within the visual line-of-sight of the PIC for the duration of 

the mission. 

• For the duration of the mission, the VO will maintain direct voice contact with the 

PIC. 

• Operations will occur during daytime hours under visual meteorological 

conditions. 

• The aircraft will be operated in sparsely populated areas away from large 

assemblies of people and heavily trafficked roads. 

• Any additional State and I or Local permits will be obtained prior to operation. 

8. Operator Requirements 

Given the comprehensive set of safety features built-in to the AgEagle, Kentucky 

Windage UAV proposes the following operator requirements in good faith with the safety 

of the National Airspace being paramount: 

• The operator must have successfully completed and passed the FAA private pilot 

written examination or an FAA recognized equivalent. 

• The operator must have completed a training program authorized by AgEagle, 

LLC for operation and maintenance of the AgEagle robotic aircraft system. 

Kentucky Windage UAV notes that the FAA has found that the aforementioned safety 

factors have been sufficient to allow operation of sUASs by operators in the context of 

operations pursuant to public COAs6. The FAA has the statutory authority to grant 

exemptions to the requirements for and privileges associated with the grant of airmen's 

certificates per 49USC 44701 (f). 

• In addition, the operator will submit to a security background check equivalent to 

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 

that this type of security screening is critical to safety of the 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 UA V LLC 270-889-3173 
sUAS operation, Kentucky Windage UAV is willing to work with a representative 

from the FAA and I or the Department of Homeland Security directly to ensure this 

qualification is met. 

9. Appendices, Attachments, and Confidentiality of Proprietary Documents 

Pursuant to this exemption from the FARs set forth above, Appendix A outlines the 

specifics of this request in detail so as to illustrate the applicant's understanding of their 

impact with regards to the safety of the National Airspace. As a steward of such, 

Kentucky Windage UAV has provided contextual detail pertaining to the operation of 

Kentucky Windage UAV as a company in Appendix B; as well as the technical 

specifications of our preferred sUAS platform, the AgEagle in Appendix C. 

Additional documents pertaining to the specific maintenance and operation of the 

AgEagle are proprietary to Kentucky Windage UAV and AgEagle LLC. As such, 

Kentucky Windage UAV requests that such documents be held as confidential by the 

FAA as such time as said documents are provided to the FAA for review. Kentucky 

Windage UAV can 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 

Appendix A for the allowance of market research and commercial operations of a small 

unmanned vehicle in surveying, mapping and inspection operations. Approval of the 

exemption allowing market research and commercial operations of the 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 

of combustible fuels, and require an on-board multi-person crew in piloting, observation, 

and survey roles. These operations require air transit to and from the location of the 

activity, and said operations have the propensity to include congested environments in 

close proximity to physical obstacles and I or presence of the general public. By 

contrast, the AgEagle weighs 7.5 lbs including payloads, uses a battery for power, does 

not require use of the National Airspace in transit to and from the area of activity, 

removes the need for airborne pilot and crew, and poses less risk to people and 

infrastructure on the ground. 

Kentucky Windage UA V LLC 270-889-3173 
In the context of air safety and national security, the AgEagle possesses the following 

attributes: 

• A small to modest overall size; consisting of a 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 of a 

consumer point-and-shoot camera. 

• A cruising speed of approximately 35 knots governed by software failsafes. 

• Multiple failsafe measures inherent to the design of the system implemented to 

ensure safe flight, recovery and incident mitigation. 

• No payload of explosives, combustibles, or other 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 if any threat to national 

security by the grant of the requested exemptions. 

The operation of the AgEagle for market research, surveying, mapping and inspection 

operations in accordance with the strict conditions outlined above, will provide an 

equivalent level of safety supporting the grant of the exemptions requested herein, 

including exempting AgEagle from the airworthiness requirements in Part 21 of 14 CFR. 

The satisfaction of the criteria set forth in Section 333 of the Reform Act (i.e. size, 

weight, speed, operating capabilities, operation within Visual Line-Of-Sight ("VLOS") 

and lack of proximity to airports, populated or areas national security) and demonstrated 

equivalent level of safety as it relates to the requirement for FAA pilot certification, 

provide adequate if not significant justification for the grant of the requested exemptions 

allowing Kentucky Windage UAV commercial operation of the AgEagle in agricultural 

market research, surveying, mapping and inspection operations. 

In conclusion, the safe operation of the AgEagle Robotic Aircraft System is of utmost 

concern, and safety remains paramount. Kentucky Windage UAV intends to operate 

within the spirit of all applicable FAA regulations and will adhere to any further 

refinements. The operation of sUAS for precision agriculture in remote rural areas can 

and will be beneficial to the farmers, ranchers and landowners of this nation; as 

Kentucky Windage UAV operators and observers intend to perpetuate the "safety first" 

mindset upheld by the FAA, while mitigating all risk to personnel and property both in 

the air and on the ground. 

Kentucky Windage UA V LLC 270-889-3173 
Kentucky Windage UAV understands that the FAA is working diligently to safely 

integrate small Unmanned Aerial Systems into the National Airspace; and as such, 

requirements for safe operations could be subject to change. That said, Kentucky 

Windage UAV is prepared to amend or append this request in order to satisfy the 

requirements of safe operation as the requirements continue to evolve. Please do not 

hesitate to contact us concerning any additional requirements or clarification. 

With sincere regards, 

Michael Wallace 

President 

Kentucky Windage UAV, LLC 

Kentucky Windage UA V LLC 270-889-3173 
Appendix A 

Overview of Regulations from which Exemption is Requested; Including 

Explanation in the Context of Appropriateness, Safety, and Benefit to the 

Public Interest. 

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

14 C.F.R. Part 21, Subpart H & 91.203(a)(1):Airworthiness Certificates 

As the FAA continues the work of developing airworthiness standards for unmanned 

aerial systems, Kentucky Windage UAV seeks an exemption from the requirements for 

a certificate of airworthiness as set forth in 14 C.F.R. 91.203(a)(1); and in turn 14 C.F.R. 

Part 21. Kentucky Windage UAV asks for consideration of these exemptions in the 

context of the size, weight, speed, operational capability and the use of said system 

outside of the operational range of airports and away from populated areas. The 

AgEagle Robotic Aircraft System weighs approximately 7.5 lbs fully loaded with a 

wingspan of 56 inches. The AgEagle carries no pilot or passenger, carries no explosive 

materials or flammable liquid fuels, and 

operates at a relatively low altitude and slow speed exclusively within confines of private 

property. Given the small size and weight of the aircraft and the limited operating area 

associated with its utilization, it is unnecessary to go through the certificate of 

airworthiness process under Part 21 Subpart H to achieve or exceed current safety 

levels. Furthermore, these criteria demonstrate that the AgEagle operating under the 

conditions proposed herein, will be at least as safe, or safer, than a conventional aircraft 

(fixed wing or rotorcraft) which has been issued an airworthiness certificate. 

14 C.F.R. 45.23(b), 91.9(c) & 91.203(b): Marking of the Aircraft 

Regulation 45.23(b) provides that the registration number of the aircraft must be on 

display prefixed by the 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 be displayed near each 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 that the AgEagle has no cabin, cockpit, or pilot station, attempting to mark such 

areas would be futile. Furthermore, it is unclear at the time of writing this request as to 

whether or not the AgEagle would actually fit into one of the aforementioned categories 

as official marking systems for sUAS have not yet been established for operations 

Kentucky Windage UA V LLC 270-889-3173 
inside the NAS. That said, Kentucky Windage UAV is prepared to register and display 

said registration number for any AgEagle flying under exemption if the decision 

regarding this exemption requires it. Should display of a registration number be required 

on the aircraft, Kentucky Windage UAV will make every effort to display the lettering in a 

high visibility format on the aircraft in lieu 

of specific guidelines governing registration numbers in the context of sUAS. 

As pursuant to regulation 91.9(c), Kentucky Windage UAV believes that our cooperation 

with marking regulations that can reasonably be complied with in the context of the 

exemption should fulfill this requirement. 

As pursuant to regulation 91.203(b), the relative size size and therefore lack of any 

cabin or cockpit to hold personnel or passengers is non-existent. As such, it would be 

impossible to display any airworthiness certificate for concerned passengers and crew 

even if the certificate was indeed required. Kentucky Windage UAV recognizes that 

the FAA has determined in prior exemptions that relief from 91.203(b) is not 

necessary; allowing relevant materials to be kept accessible to the operator in 

compliance with the regulations. However, Kentucky Windage UAV respectfully 

requests that that the record pertinent to this 

exemption state as much in the order of due process so as to ensure a meaningful level 

of compliance. As such, Kentucky Windage UAV will require for operation of the 

AgEagle that all relevant materials for operation be kept in a location accessible to the 

operator in a manner befitting 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 aircraft that carries a pilot, passengers, and cargo, the AgEagle in this 

case is remotely controlled with no passengers or property of others on board. Section 

61.133(a) requires an individual with a commercial pilot's license to be pilot in command 

of an aircraft for compensation or hire. AgEagle respectfully proposes that operator 

requirements should take into account the characteristics of the particular sUAS. The 

AgEagle has a high degree of pre-programmed control and various built-in technical 

capabilities through the DroneDeploy solution that strictly limit the potential for operation 

outside of the operating conditions set forth in the exemption application. 

The AgEagle operates by way of an 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 of what is traditionally handled 

Kentucky Windage UA V LLC 270-889-3173 
and/or monitored by a pilot, either private or commercial, are handled by the autopilot 

under the auspice of the 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 prior to takeoff to check for errors and no-fly situations. 

• No-fly zones: The system has the ability to set up no-fly zones visually and using 

existing flight charts. 

• Self-monitoring- Battery levels, GPS fix, radio connection(s), inflight wind speeds, 

and numerous other system and environmental conditions are continuously 

monitored, logged, and automatically handled by the system. In the event of a 

fault, the aircraft will perform the appropriate predefined fatal or non-fatal 

condition response. 

• Battery communication: Flight time and battery minutes are available at all times 

to the operator. The aircraft will return to the mission point of origin and land 

automatically if the operational limits are reached. 

As a matter of principle as well as a matter of good business, flight safety is of utmost 

priority. The AgEagle achieves this via the DroneDeploy system; presented to the 

operator in a means that limits the operators' ability to operate outside of acceptable 

safety parameters; regardless of operating environment or project. The AgEagle offers 

superior safety over manned aircraft by removing the operator from presence on-board 

the aircraft and those potentially dangerous situations subsequently associated therein. 

Given the aforementioned operational and safety features, Kentucky Windage UAV 

proposes that operators of the 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 by AgEagle, LLC for operation and 

maintenance of the AgEagle robotic aircraft system. 

• Submit to a security background check equivalent to that currently required to 

obtain a private pilot's license. 

Kentucky Windage UA V LLC 270-889-3173 
Kentucky Windage UAV notes that the FAA has found that equivalent safety factors 

have permitted operation of sUAS by operators with similar qualifications in the case of 

operations pursuant to 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 of safety can and will be 

provided by those in operation of the AgEagle without a private pilot's certificate or a 

commercial pilot's certificate, under the conditions set forth herein. 

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

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

risk associated with private pilot operations or commercial operations contemplated by 

Part 61 with conventional aircraft (fixed wing or rotorcraft), that allowing operations of 

the sUAS as set forth above meets or exceeds the present level of safety provided 

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

pilot to operate the aircraft under 61.133(a). 

14 C.F.R. 91.7(a): Civil Aircraft Airworthiness. 

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

airworthy condition. Should the exemption be granted to allow commercial operation of 

the AgEagle without an airworthiness certificate, no standard will exist for airworthiness 

of the AgEagle. Given the precedence for exemption issuances of sUAS lacking a 

proper airworthiness certificateS, Kentucky Windage UAV respectfully requests that the 

AgEagle be considered in a similar context as an equivalent (if not higher level) of 

safety will be achieved by a combination of the fault monitoring of the DroneDeploy 

system, as well as compliance with all flight protocols contained within the AgEagle 

operational instructions before, during, and after each flight. 

14 C.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, 

"For which an Airplane or Rotorcraft Flight Manual is not required by 21.5 of this 

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

8 See Exemption Approvals 11480, 11567, 11066, 11136, 11166, et. a/. 

Kentucky Windage UA V LLC 270-889-3173 
Rotorcraft Flight Manual, approved manual material, markings, and placards, or 

any combination thereof." 

Given the size and configuration of the 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 of safety will be achieved by keeping the operational instructions at 

the ground control point where the operator in control of the AgEagle will have 

immediate access to it. Kentucky Windage UAV recognizes that the FAA has 

determined that relief from 

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 matter documented in the order of due 

process so as to ensure a meaningful level of compliance. As mentioned prior, Kentucky 

Windage UAV will require for operation of the 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 of civil aircraft. Specifically, 

91.119(c) limits aircraft flying over areas other than congested areas to an altitude of 

500 feet above the surface, except over open water or sparsely populated areas. In 

those cases, the aircraft may not be operated closer than 500 feet to any person, 

vessel, vehicle, or structure. 

As established in this request for exemption, Kentucky Windage UAV will never operate 

the AgEagle higher than 400 feet AGL. It will not be operated in congested or populated 

areas. Flights conducted with the AgEagle will only take place on property with 

authorization of the 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 less than 500 feet AGL, an exemption from 

Section 91.119(c) is needed. 

Despite flying at lower altitudes than more conventional manned aircraft, an equivalent 

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

the AgEagle is built. The AgEagle is not an aircraft built for transit; rather it is a survey 

tool that is transported via other means to its intended area of operation. Because of the 

inherent "fenced in" nature of its missions, that is, over land where affected individuals 

Kentucky Windage UA V LLC 270-889-3173 
will be aware of the flights, Kentucky Windage UAV feels that a lower altitude operation 

actually provides a higher level of safety. 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 feet AGL. 

Moreover, the low altitude operations of the AgEagle will maintain a separation 

between such sUAS operations and the operations of conventional aircraft that 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 under VFR 

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

fuel to fly to the first point of intended landing and, assuming normal cruising speed-

(1) During the day, to fly after that for at least 30 minutes; or (2) At night, to fly after that 

for at least 45 minutes." The AgEagle batteries provide approximately 40 minutes of 

powered flight. Kentucky Windage UAV would only conduct flight during the day; and 

without an exemption from 14 CFR 91.151, daytime flights would be limited to 

approximately 10 minutes in length. Given the limitations on its proposed operations 

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

VFR conditions is reasonable. 

Operating the AgEagle without 30 minutes of reserve power does not beget the type of 

risks that Section 91.151 (a) was meant to prevent given the size and speed at which the 

UAS operates, as well as given the fact that Kentucky Windage UAV intends to maintain 

a VLOS with the AgEagle at all times. The fact that it carries no pilot, passenger, or 

cargo also enhances its safety. Additionally, limiting AgEagle flights to 10 minutes would 

greatly reduce the utility of the aircraft. In the unlikely event that the AgEagle should run 

out of power, it would simply land on ground on which Kentucky Windage 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 of safety can be achieved by 

maintaining 10 minutes of reserve power, which, allowing 30 minutes of flight 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. 

Kentucky Windage UA V LLC 270-889-3173 
14 C.F.R. 91.405(a), 14 C.F.R. 91.407(a)(1), 14 C.F.R. 91.409(a)(2) & 14 C.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 of this part and shall between required inspections, 

except as provided in paragraph (c) of this section, have discrepancies repaired as 

prescribed in part 43 of this chapter ... " Section 91.407 similarly makes reference to 

requirements in Part 43; Section 91.409(a)(2) requires an annual inspection for the 

issuance of an airworthiness certificate. Section 91.417(a) requires the owner or 

operator to keep records showing certain maintenance work that has been 

accomplished by certificated mechanics, under Part 43, or licensed pilots and records of 

approval of the aircraft for return to service. 

Maintenance of the AgEagle is performed by the operator in accordance with the 

instruction materials provided with the AgEagle per the guidance given during training 

from AgEagle LLC and I or one of its authorized training affiliates. When instruction and 

training is followed by the aircraft operator, an equivalent level of safety can be 

achieved in lieu of the aforementioned maintenance and inspection criteria set forth in 

the C.F.R. because the inherent properties of the AgEagle itself including: 

• The relatively small size and mechanical simplicity of the AgEagle 

• Its lack of cargo, crew, or passengers 

• Any AgEagle mission will not extend past a predetermined area for which the 

operator has permission to conduct flight operations. 

• The operator is trained to inspect all maintenance points on the aircraft prior to 

flight. 

As a trained operator is an individual with a greater level of familiarity and 

understanding with the AgEagle platform, it follows that this person is also best suited to 

maintain the airworthiness of the aircraft in a context of a level of safety equivalent to 

that presently mandated. 

All criteria pertinent to flight operations are logged by the DroneDeploy system and are 

available for immediate review by the operator. The DroneDeploy system also conducts 

a diagnostic inspection of hardware and software systems prior to launch, with any 

inspection failure being sufficient to suspend flight operations until the problem is 

resolved. 

Kentucky Windage UA V LLC 270-889-3173 
The 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-tear to the airframe. If such an event occurs 

during operation that the airframe is rendered unsuitable for flight, the aircraft with take 

appropriate action to compensate to keep the aircraft airborne or terminate the mission 

in the context of either a Fatal or Non-Fatal Conditioned response (see Appendix C 

"Reliability", "Fault Tolerance" and "Emergency Procedures and System Failures"). 

Kentucky Windage UA V LLC 270-889-3173 
Appendix B 

Company Profile 

Kentucky Windage UAV Remote Sensing Systems, LLC {"Kentucky Windage UAV") is 

a United States company located in Cadiz, Kentucky. Kentucky Windage UAV was 

founded on a mission to provide second-to-none small Unmanned Aerial Systems 

{"sUAS") sales, support, and service enriched by scientific insight to 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 our staff 

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 of the 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 of sUAS 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. 

Kentucky Windage UAV is the exclusive Western Kentucky dealer for the AgEagle 

Robotic Aircraft System; engineered and manufactured by AgEagle, LLC; a United 

States Company located in Neodesha, Kansas. Kentucky Windage UAV is an 

authorized training center for AgEagle and licenses documentation and training 

materials to AgEagle for their 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 date without incident to property or person. 

Kentucky Windage UA V LLC 270-889-3173 
Appendix C 

Technical Specifications of the 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 for wind rather than relying on the 

operator to determine the impact of the wind with respect to the mission dynamic at the 

altitude the system is flying. The end result is a system capable of gathering high quality 

aerial survey data at higher wind 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 point that the operator is not explicitly in command of the 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 of camera control that is also straightforward to operate. The flight control system 

employs GPS positioning and navigation as well as a variety of sensors including 

range-finding, barometric pressure, temperature, and wind speed to ensure a higher 

level of reliability with respect to other sUAS in its class. 

Powered by the DroneDeploy autopilot enhancement solution, the AgEagle can be 

operated in both semi- and fully autonomous flight modes. In semi-autonomous mode, 

the operator controls flight operations in real-time via a map interface. For fully 

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 only within specified pre-programmed 

parameters. 

The AgEagle includes many advanced safety features that make it a practical choice in 

the context of rural operation. Built-in intelligent fault handling allows the AgEagle to 

9 Technical Specifications of the AgEagle have been provided to Kentucky 

Windage UAV by the manufacturer upon their request. 

Kentucky Windage UA V LLC 270-889-3173 
detect a system fault while in the air, and to automatically fly back to its takeoff location 

and land. Faults that can be detected include: 

• Loss of radio communication 

• Exceeded preset wind 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 prior to 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 of the operator is to program the aircraft with 

the proper navigation parameters, and allow the 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 of documentation provided for instruction and operation of the AgEagle can 

be made available upon request 10. 

1. Physical Characteristics of the AgEagle 

• Dimensions: 

o 56 inch wingspan 

o 26 inch length 

o 6.5 inch height 

• Weight (without payload, including batteries): 7 pounds 

• Weight with sensor payload (takeoff weight): 7.5 pounds 

• Fuel: Not Applicable 

• Propulsion System 

o Engine: One electric brushless DC motor. 

o Power: Self-contained, high-duration Lithium Polymer ("LiPo") batteries 

monitored by the 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. 

1 0 See Application Section 9: "Appendices, Attachments, and Confidentiality of 

Proprietary Documents" 

Kentucky Windage UA V LLC 270-889-3173 
2. Performance Characteristics of the AgEagle 

• Maximum Altitude: 400 ft AGL 

• Maximum Endurance: 40 minutes 

• Maximum Range: Visual Line Of Sight ("VLOS") 

• Weather Minimums: Not Applicable 

• Winds Maximum: 40 mph (sustained) 

• Minimum ceiling: VLOS 

• Minimum visibility: VLOS 

• Icing conditions: None (No-fly) 

• Precipitation: None (No-fly) 

3. Maintenance 

The AgEagle performs automatic preflight checks utilizing the DroneDeploy system. The 

failure of any preflight check will prevent takeoff. As an added measure of safety per 

instruction materials and training provided by AgEagle or one of its adjuncts, a qualified 

operator is to perform a visual inspection of the AgEagle prior to each flight. 

The preflight checklist includes (but is certainly not limited to): 

• Visual inspection of the airframe, servos, and control surfaces 

• Visual inspection of motor mount and propeller integrity 

• Check charge of all batteries (aerial vehicle, command station, radio repeater 

station) 

Besides the tasks associated directly with the aforementioned preflight checks, the 

AgEagle is nearly maintenance free. 

4. Reliability 

The system is designed for maximum reliability to maintain consistent performance over 

the product lifespan. Components experiencing routine wear include motors, batteries, 

and servos. Battery and motor conditions are monitored by the DroneDeploy system 

with deviations reported instantaneously to the operator. 

Contact with other objects sometimes during take-off, but usually during landing may 

cause servos, pushrods, or controlling surfaces to become damaged. Damaged 

components are likely to be detected during the full visual inspection of the 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. 

Kentucky Windage UA V LLC 270-889-3173 
The 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 prevent the 

AgEagle from taking off if such conditions are present; or, if the condition is detected 

during flight, the system will trigger a Fatal Conditioned Response ("FCR") with respect 

to aforementioned fault detection system. 

5. Fault Tolerance 

The key feature of the AgEagle fault tolerance is its mechanical simplicity. The AgEagle 

airframe is of a flying wing configuration with one electric motor and two elevon 

controlling surfaces. Failure of the motor or any component failure detectable by the 

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 of failure. 

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 of onboard flight instruments/sensors will degrade 

performance and will result in either a FCR or a NFCR, depending on their 

severity. If the AgEagle becomes unstable due to sensor failure, the autopilot 

system will trigger an appropriate landing response to prevent a fly-away 

condition. 

• Motor Failure: Given the inherent fixed-wing airframe design, the AgEagle can be 

safely landed in the event of motor failure. Such an event would be handled as 

an FCR or NFCR depending on severity and the autopilot system will trigger an 

appropriate landing response. 

• Power Failure: A complete battery failure causing power loss to the sUAS will 

result in significantly degraded flight performance. However, given the minimal 

power consumption necessary to maintain radio link, autopilot, and control 

surface operation, a motor failure is more likely to occur before a complete power 

failure. 

• Airframe Failure: If airframe is damaged in ways that impacts flight 

characteristics, the AgEagle will behave similar to as if an on board flight 

instrument failed. 

• Navigation System Failure: In a navigation system failure, degraded GPS will 

result in an FCR or NFCR depending on the severity of the failure(s). 

Kentucky Windage UA V LLC 270-889-3173 
• Low Battery Condition: Operator will be alerted of a low battery condition and the 

aircraft will initiate landing procedures as soon as able. 

• VLOS Loss: All flight operations will be conducted with the AgEagle within visual 

sight of the Pilot in Command ("PIC"). If the PIC's view becomes obstructed and 

VLOS is lost, the PIC may instruct the AgEagle to loiter in its current position until 

VLOS is reestablished, or to return to the predetermined landing site, or to land 

at the 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 entry while 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 sensor for precision AGL altitude measurement 

Kentucky Windage UA 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 input from 

ground based equipment, or from the operator to remain airborne. 

• Frequency Allocations: 900 MHz, 2.4 GHz, 5.8 GHz, 1,700- 2,100 Mhz, custom 

• A flight termination link to prevent a "fly away" or other potentially dangerous 

situations is available to the operator at the GCS. 

• The AgEagle is launched autonomously via catapult. A Landing Zone ("LZ") is 

designated by the operator prior to takeoff and identified in the GCS software. 

Landing is handled autonomously at the cue of the operator after the completion 

of the survey mission. Between instruction sets from the operator, the AgEagle is 

programmed to autonomously loiter over the LZ until further operator instruction 

is provided. 

• Maps specific to 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. Over the 

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 input from a multitude of sensors to create 

redundancies in the system. Even though the data from all sensors is required for 

optimal system performance, a single sensor malfunction is likely to result in 

degraded performance and possibly an FCR or NFCR, rather than leading to a 

catastrophic failure. 

Kentucky Windage UA V LLC 270-889-3173