RXAGSERVICES	 www.rxagservices.com			(605)460-1248					(605)520-2109

 

April 30, 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, RX AG SERVICES, LLC (“RXAG”), the operator of the 2015 AgEagle small Unmanned

Aircraft Systems (“sUAS”) seeks an exemption from the Federal Aviation Regulations 

(“FARs”) listed below and discussed in Appendix A. Details of RX AG SERVICES and the 2015 AgEagle 

sUAS are described in Appendix B. [Attached as Appendix C is a summary of this request.]

The requested exemption would permit RXAG commercial operation of AgEagle’s 2015 AgEagle (see 

details in Appendix B), in the Precision Agriculture market space. The Air Vehicle weighs 7.5 lbs. with 

imaging payload, to perform market research, aerial surveys, mapping, and inspections that consist of 

still photographs, video, and other data taken by onboard sensors. The 2015 AgEagle uses DroneDeploy 

software which produces high quality imagery and data that can be used independently - or in the case 

of surveying and thermal modelling, can be combined to produce precision charts, contour maps and 

determine the health of a crop. Applications for this sUAS include inspection of; mapping and surveying 

tasks in precision agriculture, crop scouting, crop insurance, hazard mitigation and in support of Federal 

Crop Management programs. Use of the 2015 AgEagle for these inspections and surveying applications 

reduces the need to operate conventional aircraft, providing data more quickly, accurately,

economically, safely, and with reduced environmental impact. 

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

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

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

While RX AG SERVICES LLC is filing this exemption request on its own behalf, it anticipates that its 

customers, in the future, will file exemption applications to allow them to operate the 2015 AgEagle in 

commercial operations at their own facilities, farms, test plots and other sites that require aerial data for 

inspections and surveys. Wherever possible, those filings will be substantially similar to this exemption 

application. 
RXAGSERVICES	 www.rxagservices.com			(605)460-1248					(605)520-2109

 

As described more fully below, the requested exemption would authorize RX AG SERVICES LLC to 

perform commercial operations of aerial inspections and surveys using the 2015 AgEagle1, which at 7.5

lbs. is small in size and powered electrically by a Li-Po battery. 

The 2015 AgEagle will be operated under controlled conditions at low altitude (<400’ agl) in Class G 

airspace that is limited in scope, as described more fully herein. It will have automated control features, 

as described below. The AgEagle 2015 AgEagle is designed to be operated by one person but flight 

operations generally involve two people, an operator and an observer. The operator is responsible for 

flying the sUAS, monitoring its status and flight dynamics while maintaining visual-line-of-sight (VLOS), 

and keeping the flight within the specified factory limits (in terms of wind, flight range, battery life, etc.) 

to ensure safe operation of the sUAS itself. The observer is responsible for monitoring the airspace for 

other aircraft and hazards and instructing the operator before and during flight as necessary to ensure 

safe launching and de-confliction with ANY aircraft or identified hazards. The operator also will be an 

individual who has passed the FAA approved or military equivalent ground training exam and authorized 

AgEagle training program for the 2015 AgEagle. Finally, the airspace in which the 2015 AgEagle will 

operate will be disclosed to and approved, as needed, by the FAA in advance. 

RX AG SERVICES LLC respectfully submits that because this small, unmanned aerial system – the 2015

AgEagle – will be used in lieu of comparatively hazardous operations now conducted with fixed and 

rotary wing conventional aircraft, the FAA can have confidence that the operations will achieve at least 

an equivalent-level or greater, of safety. Approval of this exemption would thereby enhance safety and 

fulfill the Secretary of Transportation’s (the FAA Administrator’s) responsibilities under Section 333(c) of 

the Reform Act to “establish requirements for the safe operation of such aircraft systems in the national 

airspace system.”

The name and address of the applicant are: 

RXAGSERVICES LLC

Attn: Will Anderson

16470 445th Ave 

Florence SD 57235

1(605)460-1248

The primary contact for this application is: 

willanderson408@yahoo.com 1(605)460-1248

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

14 C.F.R. Part 21; 

14 C.F.R. 45.23(b); 

14 C.F.R. xx1.113(a) & (b); 

14 C.F.R. xx1.133(a); 

14 C.F.R. 91.7(a); 

14 C.F.R. 91.9(b)(2) & (c); 

14 C.F.R. 91.103; 

14 C.F.R. 91.109(a); 

14 C.F.R. 91.119; 

14 C.F.R. 91.151(a); 

14 C.F.R. 91.203(a) & (b); 
RXAGSERVICES	 www.rxagservices.com			(605)460-1248					(605)520-2109

 

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).

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

forth in this letter are appropriate, provide an equivalent level of safety, and are in the public interest.

THE APPLICABLE LEGAL STANDARD UNDER SECTION 333 

RX AG SERVICES LLC submits that grant of this exemption application for use of the 2015 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 

sUASs 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 sUASs 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 sUAS’s size, weight, speed, and operational capability; 

 Operation of the sUAS in close proximity to airports and populated areas; and 

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

Reform Act § 333(a)(1). If the Secretary determines that such vehicles “may operate safely in the 

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

such aircraft in the national airspace system.” Id. §333(c) (emphasis added).2

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 

subsection (a) or (b) of this section or any of sections 44702-4471xx 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. 

Airworthiness of the 2015 AgEagle 

 
RXAGSERVICES	 www.rxagservices.com			(605)460-1248					(605)520-2109

 

A critical element of the exemption application involves evidence of the airworthiness of AgEagle 

sUAS including the 2015 AgEagle. 

2

Applicant submits that this provision places a duty on the Administrator to not only process applications for exemptions under 

Section 333, but for the Administrator, if he deems the conditions proposed herein require modification in order to allow approval, 

to supply conditions for the safe operation of the sUAS. RX AG SERVICES LLC welcomes the opportunity to consult with FAA staff in 

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

The criteria set forth in the Order specify the substantive showings of the device’s safety and 

fitness for operation to ensure that the FAA has sufficient basis to evaluate the aircraft’s safety.

3

 

The 2015 AgEagle also has a significant set of automated features provided by DroneDeploy to 

ensure safe takeoff, flight and landing in many conditions, further details of operation can be found in 

Appendix B. 

Mandatory Operating Conditions 

Grant of the exemption to RX AG SERVICES LLC will be subject to the following mandatory 

conditions, which are based upon operating conditions set forth for operation of sUAS by public 

entities pursuant to Certificates of Authorization, with additional restrictions: 

 All operations to occur in Class G airspace. 

 Operations to avoid congested or populated areas, which are depicted in yellow on VFR charts. 

 Operations to be conducted over private or controlled-access property. 

 Permission from land owner/controller required before commencing any flight. 

 Operations to occur during Visual Flight Rules Meteorological Conditions (VMC). 

 Aircraft to remain within Visual Line of Sight (VLOS). 

 VLOS guaranteed with a cylinder of operation around operator of 1⁄2 nautical miles (NM). 

 Cylinder walls may be expanded by observer with ability to control aircraft. 

 Operations to occur during daylight hours. 

 Above Ground Level (AGL) altitude to be restricted to 400 feet. 

 All operations conducted in vicinity of airport to remain more than 2.5 NM from 

centerline azimuth of runway centerline measured from runway thresholds. 

 Operator will file a NOTAM for each flight. 

 All required permissions and permits will be obtained from territorial, state, county or 

city jurisdictions, including local law enforcement, fire, or other appropriate governmental 

agencies. 

 All operations will include one pilot for flight control and one observer for VLOS enhancement 

of surrounding area near the aircraft 

Operator Requirements 

RX AG SERVICES LLC respectfully proposes that operator requirements should take into account the 

characteristics of the particular sUAS. Certain sUASs, such as the AgEagle 2015 AgEagle, are 

characterized by a high degree of pre-programmed control and various built-in technical capabilities that 

limit the potential for operation outside of the operating conditions set forth above. The 2015 AgEagle 
RXAGSERVICES	 www.rxagservices.com			(605)460-1248					(605)520-2109

 

sUAS also provides many built-in functional and safety features to assist the operator in safe and reliable 

operation powered by DroneDeploy risk-mitigation software.

 

The AgEagle 2015 AgEagle provides two semi-autonomous flight modes using a point-and-click 

map and video interface. 

3

RX AG SERVICES LLC can submit under confidentiality the following documents in support of this exemption application for the 2015

AgEagle: 1) AgEagle 2015 AgEagle User Guide (Exhibit 1) which includes Safety and PreFlight Checklists; and 2) Training Manual (Exhibit 

2). 

4

As of Dec 2014, AgEagle staff and customers have performed over 6,360 flights, logging 19,080 hours of flight time with the 2015 AgEagle 

with both development and release versions. The previous generation product, the AgEagle, achieved over 480 flights and 1440 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 

products. 

The user clicks on a map to direct the 2015 AgEagle to fly to the point on the map where the operator is 

pointing, or programmed flight plans may be entered for a series of waypoints or grid based area. 

Additional navigation aids including landing zones and flight areas may be designated to ensure the 

2015 AgEagle operates only within user-specified flight parameters. All flight operations are GPS 

controlled making the system easy to navigate, and the flight control system also employs a 

variety of sensors including sonar, barometric pressure, temperature, wind speed and others to ensure 

the high stability and reliability in challenging weather conditions. At all times during flight 

operations, the operator can intervene a programmed flight and take immediate control. 

Using DroneDeploy’s software package, additional automated safety functions and safety enhancing 

features of the 2015 AgEagle include the following: 

 ● Automated pre-flight system performance checks 

 ● User pre-flight checklist 

 ● “Hit the deck” mode can be activated by simply pushing a button on the controller which causes 

the aircraft to drop from its cruising altitude to 50 above the ground and circle there to avoid a collision 

with another aircraft.

 ● Automated condion or fault detecon, warnings, and pre-defined responses to a number 

of flight and system conditions. 

 ◦ High winds with system and user defined safety thresholds 

 ◦ Low battery with system and user defined safety thresholds 

 ◦ High temperature or other system safety thresholds 

 ◦ Lost-link communication 

 ● Pre-defined responses include behavior such as aempng to re-establish radio 

communication, return to home position and hover, return to home position and land, or land in current 

position 

 ● In the case of lost GPS, a manual user flight mode is enabled which allows the operator 

to provide manual navigation inputs to assist in landing the vehicle. 

Given these safety features, RX AG SERVICES LLC proposes that operators of the 2015 AgEagle 

should not be required to hold a commercial or private pilot certification. Instead, operators should be 

required to: 

● have successfully completed, at a minimum, FAA private pilot ground instrucon and passed 

the FAA Private Pilot written examination or FAA-recognized equivalents including commercial 
RXAGSERVICES	 www.rxagservices.com			(605)460-1248					(605)520-2109

 

or private license and ground school issued from an ICAO recognized country; 

● have completed AgEagle’s authorized training program for operaon and maintenance of the 

sUAS. 

RX AG SERVICES LLC notes that the FAA has found that safety factors permitted operation of 

sUASs by operators with these qualifications in the case of operations pursuant to public COAs 

when the mandatory operating conditions specified above were present. See Federal Aviation 

Administration, Notice N-8900.227, Unmanned Aircraft Systems (UAS) Operational Approval, at 

20-21 (July 30, 2013). The FAA has the statutory authority to grant exemptions to the 

requirements for and privileges associated with the grant of airmen’s certificates. 49 USC §44701 (f). 

In summary, applicant seeks an exemption from the FARs set forth above and in Appendix C to 

allow market research and commercial operations of a small unmanned vehicle in surveying, 

mapping and inspection operations . 

Approval of the exemption allowing commercial operations of the 2015 AgEagle for surveying, 

mapping and inspection operations will enhance safety by reducing risk. Conventional aerial survey and 

inspection operations using manned aircraft involve very heavy aerial vehicles carrying significant

quantities of combustible fuels, and a multi-person crew in piloting and observation roles. These 

operations require transit to and from the location of the activity, and often take place in congested 

environments and include close proximity to physical obstacles and/or presence of the general public. 

By contrast, the 2015 AgEagle weighs 7.5 lbs including payloads and uses a battery for power, is

transported or carried to/from the area of activity, removes the need for airborne pilots/observers, and 

poses less risk to people and infrastructure on the ground. 

Additionally, no national security issue is raised by the grant of the requested exemptions. Given the 

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

dangerous materials, the 2015 AgEagle poses no threat to national security. 

The operation of the 2015 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 RX AG SERVICES LLC from 

the requirements of Part 21. 

The 2015 AgEagle’s satisfaction of the criteria set forth in Section 333 of the Reform Act (i.e. size, 

weight, speed, operating capabilities, operation within 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 more than adequate justification for the grant of the requested 

exemptions allowing RX AG SERVICES LLC commercial operation of the 2015 AgEagle in agricultural 

market research, surveying, mapping and inspection operations. 

In conclusion, the safe operation of the 2015 AgEagle is of utmost concern and safety remains 

paramount. RX AG SERVICES LLC intends to operate within the spirit of all applicable FAA regulations 

and will adhere to any further refinements. The operation of Precision Agriculture sUAS’s in remote 

farmlands across the country are literally of little safety concern, provided the operators and observers 
RXAGSERVICES	 www.rxagservices.com			(605)460-1248					(605)520-2109

 

maintain integrity of the flight, pose no risk to airborne platforms, and/or mitigate all risk to ground 

personnel and property.

Best Regards, 

Will Anderson

RX AG SERVICES LLC

APPENDIX A 

EXEMPTION REQUEST AND EQUIVALENT LEVEL OF SAFETY SHOWINGS UNDER APPLICABLE RULES 

SUBJECT TO EXEMPTION

RX AG SERVICES requests an exemption from the following regulations as well as any additional 

regulations that may technically apply to the operation of the 2015 AgEagle: 

14 C.F.R. Part 21, Subpart H: Airworthiness Certificates 

14 CFR § 91.203(a)(1) 

Section 91.203(a)(1) requires all civil aircraft to have a certificate of airworthiness. Part 21, Subpart H, 

entitled Airworthiness Certificates, establishes the procedural requirements for the issuance of 

airworthiness certificates as required by FAR § 91.203(a)(1). Given the size of the aircraft (7.5 lbs.) 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. 

Such an exemption meets the requirements of an equivalent level of safety under Part 11 and Section 

333 of the Reform Act. The Federal Aviation Act and Section 333 of the Reform Act both authorize the 

FAA to exempt aircraft from the requirement for an airworthiness certificate, upon consideration of the

size, weight, speed, operational capability, and proximity to airports and populated areas of the sUAS 

involved. 

In this case, an analysis of these criteria demonstrates that the 2015 AgEagle operated without an 

airworthiness certificate, under the conditions proposed herein, will be at least as safe, or safer, than a 

conventional aircraft (fixed wing or rotorcraft) with an airworthiness certificate. The 2015 AgEagle 

weighs 7.5 lbs. fully loaded. It will not carry a pilot or passenger, will not carry flammable fuel, 

and will operate exclusively within an area pre-disclosed and in compliance with conditions set forth 

herein. Operations under this exemption will be tightly controlled and monitored by both the operator, 

pursuant to the conditions set forth above, and by local public safety requirements. The FAA will have 

advance notice of all operations through the filing of NOTAMs. Receipt of the prior permission of the 

land owner, the size of the aircraft, the lack of flammable fuel, and the fact that the aircraft is carried to 

the location and not flown there all establish the equivalent level of safety. The 2015 AgEagle provides

at least an equivalent, and most likely exceeds5, level of safety to that of such operations being

conducted with conventional manned aircraft that would be significantly larger and would be carrying 

additional personnel, cargo, and flammable fuel. The automated safety features including redundant 

sensor systems as described in Appendix B and throughout this document highlight the design 

intentions towards safety and reliability on the 2015 AgEagle. 
RXAGSERVICES	 www.rxagservices.com			(605)460-1248					(605)520-2109

 

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

Regulation 45.23 provides: 

 

(a) Each operator of an aircraft must display on that aircraft marks consisting of the 

 Roman capital letter “N” (denoting United States registration) followed by the registration 

 Number of the aircraft. Each suffix letter used in the marks displayed must also be a Roman 

capital letter.

 (b) When marks include only the Roman capital letter “N” and the registration number is 

 displayed on limited, restricted or light-sport category aircraft or experimental or 

 provisionally certificated aircraft, the operator must also display on that aircraft near 

 each entrance to the cabin, cockpit, or pilot station, in letters not less than 2 inches nor 

 more than xx inches high, the words “limited,” “restricted,” “light-sport,” “experimental,” or

 “provisional,” as applicable. 

 

Regulation 91.9(c) provides: 

 No person may operate a U.S.-registered civil aircraft unless that aircraft is identified in

accordance with part 45 of this chapter. 

The 2015 AgEagle has no entrance to the cabin, cockpit, or pilot station on which the markings 

can be placed. Given the size of the sUAS, two inch lettering will be impossible. Official marking 

systems for small UAS have not yet been established for operations inside the NAS. The 2015

AgEagle is currently marked with a fixed label containing AgEagle labs 2015 AgEagle measuring 

1.5” x 0.5” as well as a serial number located under the removable camera payload. AgEagle is 

prepared to mark the inspection system with the name of the organization and location or origin 

and fulfill any other request by the FAA to this topic in accordance to § 45.29(f) where the pilot, 

observer, and others working with the sUAS will see the identification of the sUAS. 

The FAA has issued the following exemptions to this regulation, see Exemption Nos. 8738, 

101xx7, 101xx7A and 10700. 

14 C.F.R. § xx1.113(a) & (b); xx1.133(a): Private Pilot Privileges and Limitations; Pilot in 

Command; Commercial Pilot Privileges and Limitations. 

Section xx1.113(a) & (b) limit private pilots to non-commercial operations. Unlike a conventional aircraft 

that carries a pilot, passengers, and cargo, the 2015 AgEagle in this case is remotely controlled 

with no passengers or property of others on board. Section xx1.133(a) requires an individual with a 

commercial pilot’s license to be pilot in command of an aircraft for compensation or hire. RX AG 

SERVICES LLC respectfully proposes that operator requirements should take into account the 

characteristics of the particular sUAS. AgEagle’s 2015 AgEagle has a high degree of pre-programmed 

control and various built-in technical capabilities through DroneDeploy’s software that strictly limit the 

potential for operation outside of the operating conditions set forth in the exemption application. 
RXAGSERVICES	 www.rxagservices.com			(605)460-1248					(605)520-2109

 

The 2015 AgEagle has an all-digital software platform powered by DroneDeploy with advanced features 

previously restricted to full size unmanned aircraft. Automated features and advanced fly-safe controls 

enable safe, reliable operation, as well as advanced networking capabilities and system extensibility.

● Plan your flight or fly ad-hoc: The system can autonomously fly a programmed flight path or fly in 

manual mode 

● Smart baeries and charger: Flight time and battery minutes are displayed at all times. The 

system will return home and land automatically if user-configurable limits are reached. 

Flight safety is a priority, no matter the operating environment or project. The 2015 AgEagle offers 

superior safety over manned aircraft by removing the need for people to be onboard in 

potentially dangerous situations. With multiple built-in safety features, the AgEagle platform leads 

other sUAS with respect to safety. 

 ● Intelligent fault handling: The system automatically detects potential issues with configurable 

automated response behavior such as a return-home-and-land routine 

 ● Automac preflight checks: The system self-calibrates all of its sensors and performs 

 self-tests prior to takeoff to check for errors 

 ● No-fly zones: The system has the ability to set up visual no-fly zones 

 ● Self-monitoring: Monitoring baery levels, in-flight wind speeds, and other system and 

 Environmental conditions are automatically handled by the system 

 ● Baery communicaon: Baery minutes and flight me are displayed at all mes. The 

system will return home and land automatically if user-configurable limits are reached. 

Additional automated safety functions and safety enhancing features of the 2015 AgEagle include 

the following: 

 ● Auto detecon of lost GPS warns the pilot and iniates an immediate landing. 

 ● Low baery on the 2015 AgEagle triggers a Non-Fatal Warning alarm to return home, land 

and replace the battery 

 ● Very low baery on the 2015 AgEagle triggers an Fatal Error alarm and initiates an 

emergency high speed descent landing. 

 ● If the 2015 AgEagle detects a lost-link to the base station the vehicle will perform its 

pre-defined Non-Fatal Condition Response. 

Given these safety features, RX AG SERVICES LLC proposes that operators of the 2015 AgEagle 

should not be required to hold a commercial or private pilot certification. Instead, operators should be 

required to: 

 ● have successfully completed, at a minimum, FAA private pilot ground instruction and passed

the FAA Private Pilot written examination or FAA-recognized equivalents including ICAO issued

commercial, private license and ground school; 

 ● have completed AgEagle’s training program for operaon of the sUAS. 

RX AG SERVICES LLC notes that the FAA has found that safety factors permitted operation of 

sUASs by operators with these qualifications in the case of operations pursuant to public COAs 

where the mandatory operating conditions specified above are present. See Federal Aviation 

Administration, Notice N-8900.227, Unmanned Aircraft Systems (UAS) Operational Approval, at 
RXAGSERVICES	 www.rxagservices.com			(605)460-1248					(605)520-2109

 

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 will be provided by allowing 

operation of the 2015 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 2015 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 xx1 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. § xx1.113(a) & (b) 

and does not rise to the level of requiring a commercial pilot to operate the aircraft under § 

xx1.133(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 allowing commercial operation of the 2015 AgEagle 

without an airworthiness certificate, no standard will exist for airworthiness of the 2015 AgEagle. 

Given the size of the aircraft and the previous COAs issued for AgEagle’s 2015 AgEagle and 2015

AgEagle, an equivalent level of safety will be achieved by ensuring compliance with the AgEagle 

manuals prior to each flight. 

14 C.F.R. § 91.9(b)(2): Civil Aircraft Flight Manual in the Aircraft. 

The regulation provides: 

 No person may operate a U.S.-registered civil aircraft ... 

(2) 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 Rotorcraft 

Flight Manual, approved manual material, markings, and placards, or any combination thereof. 

Given the size and configuration of the 2015 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 flight manual (see, e.g., User 

Guide, Exhibit 1) at the ground control point where the pilot flying the sUAS will have 

immediate access to it. The FAA has issued to others the following exemptions to this regulation: 

Exemption Nos. 8xx07, 8737, 8738, 9299, 9299A, 95xx5, 95xx5B, 101xx7, 101xx7A, 10xx02, 32827, and 

10700. 

14 C.F.R. § 91.103: Preflight action 
RXAGSERVICES	 www.rxagservices.com			(605)460-1248					(605)520-2109

 

This regulation requires each pilot in command to take certain actions before flight to insure the 

safety of flight. As FAA approved rotorcraft flight manuals will not be provided for the aircraft an 

exemption will be needed. An equivalent level of safety will be provided as set forth in the 2015

AgEagle User Manual (exhibit 1) under the ‘Getting Ready to Fly’ section. The PIC will take all 

actions including reviewing weather, flight battery requirements, landing and takeoff distances 

and aircraft performance data before initiation of flight. 

14 C.F.R. § 91.109(a) & 91.319(a)(1): Flight Instruction 

These regulations provide that no person may operate a civil aircraft (except a manned free 

balloon) that is being used for flight instruction unless that aircraft has fully functioning dual controls. 

The 2015 AgEagle is a remotely piloted aircraft and by design, does not have fully functional dual 

controls. Flight control is accomplished through the use of a control box that communicates with 

the aircraft via radio communications. The flight plan is either manually controlled through 

point-and-click touchscreen navigation or pre-programmed as way points or an AutoGrid into the 

auto pilot before or during flight and only in unusual circumstances will the pilot input control 

functions to alter the pre-programmed flight. If instruction is accomplished through a training 

program, as set forth in Exhibit 2, an equivalent level of safety will be assured. The FAA has 

approved exemptions for flight training without fully functional dual controls for a number of 

aircraft and for flight instruction in experimental aircraft. See Exemption Nos. 5778K & 98xx2A. The 

equivalent level of safety will be achieved by the manufacturer providing the training as outlined, 

for example, in Exhibit 2 and through the use of experienced and qualified pilots familiar with the 

2015 AgEagle. 

14 CFR § 91.119: Minimum Safe Altitudes 

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

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

surface, except over open water or sparsely populated areas. In those cases, the aircraft may not be 

operated closer than 500 feet to any person, vessel, vehicle, or structure. 

As set forth herein, the 2015 AgEagle will never operate at higher than 400 feet AGL. It will, 

however, be operated to avoid congested or populated areas that are depicted in yellow on VFR 

sectional charts. Because aerial survey, mapping and inspection work must be accomplished at 

relatively low altitudes and at altitudes less than 500 feet AGL, an exemption from Section 91.119(c) is 

needed. 

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

which the 2015 AgEagle is built. Also, no flight will be taken without the permission of the land 

owner or those who control the land. Because of the advance notice to the landowner, all 

affected individuals will be aware of the flights. 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 conventional 

aircraft operating at or below 500 feet AGL. Indeed, the low-altitude operations of the sUAS will 
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maintain separation between these 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 2015 AgEagle batteries provide approximately 40 minutes of powered flight. Without an 

exemption from § 14 CFR 91.151, the sUAS’s flights would be limited to approximately 20 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. 

RX AG SERVICES LLC believes that an exemption from 14 CFR § 91.151(a) is safe and within the 

scope of a prior exemption. See Exemption 10xx73 (allowing Lockheed Martin Corporation to 

operate without compliance with 91.151(a)). Operating the sUAS, without 30 minutes of reserve fuel 

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

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

enhances its safety. Additionally, limiting 2015 AgEagle flights to 20 minutes would greatly reduce 

their utility. In the unlikely event that the 2015 AgEagle should run out of fuel (battery power), it would 

simply land. Given its weight and construction material, the risks are less than contemplated by the 

current regulation. 

RX AG SERVICES LLC believes that an equivalent level of safety can be achieved by maintaining 10 

minutes of reserve fuel, which, allowing 30 minutes of flight time, would be more than adequate 

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

The FAA has granted similar exemptions to others, including Exemptions 2xx89F, 5745, 10xx73 

and 

10808. 

14 C.F.R. § 91.203 (a) & (b): Carrying Civil Aircraft Certification and Registration 

This regulation provides as follows: 

(a) ... no person may operate a civil aircraft unless it has ... an appropriate and current airworthiness 

certificate. 

(b) No person may operate a civil aircraft unless the airworthiness certificate required by paragraph (a) 

of this section or a special flight authorization issued under §91.715 is displayed at the cabin or 

cockpit entrance so that it is legible to passengers or crew. 

The 2015 AgEagle fully loaded weighs approximately 7.5 lbs. As such, there is no ability or place to 

carry certification and registration documents or to display them on the sUAS. In addition, there is no 

pilot on board the aircraft. 
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An equivalent level of safety will be achieved by keeping these documents at the ground control 

point where the pilot flying the sUAS will have immediate access to them. The FAA has issued 

numerous exemptions to this regulation. A representative sample of other exceptions includes 

Exemption Nos. 95xx5, 9xxxx5, 9789, 9789A, 9797, 9797A, 981xxA, and 10700. 

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

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 air worthiness 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. 

The 2015 AgEagle is nearly maintenance free, DroneDeploy’s software performs automatic 

pre-flight checks and the failure of any check will prevent take-off. Checks which cannot be done 

by the system will be performed by a qualified person prior to each flight and at predefined 

intervals as part of the Maintenance Schedule in the User Manual (see Exhibit 1). 

Pre-flight checklist includes: 

 1. Visual inspection of the airframe 

 2. Visual inspections of rotor integrity 

 3. Check charge of all batteries (aerial vehicle, command station, radio repeater station) 

An equivalent level of safety will be achieved because the sUAS is small in size, will carry no 

external payload, will operate only in restricted predetermined areas and is not a complex 

mechanical devise. 

As provided in the attached User Guide (System Maintenance section), the operator of 2015

AgEagle will ensure that the sUAS is in working order prior to initiating flight, perform required 

maintenance, and keep a log of any maintenance that is performed. Moreover, the operator is 

the person most familiar with the aircraft and is best suited to maintain the aircraft in an 

airworthy condition and to ensure an equivalent level of safety. 

The 2015 AgEagle’s Maintenance guidelines ensure an equivalent level of safety to the 

maintenance requirements in Part 91. In addition, any component failure detectable by the system will 

be reported to the control station and will cause the UAV to perform a Fatal Condition Response 

(FCR) or Non-Fatal Conditioned Response (NFCR), depending on the type of failure. 
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APPENDIX B 

SMALL UNMANNED AERIAL SYSTEM DESCRIPTION

 

AgEagle Corporate Overview: AgEagle is a United States company located in Neodeshsa, KS. 

AgEagle is focused on providing micro unmanned aerial system and is globally recognized as the

market and technology leader in this space. Key customers range from individual farmers to 

agronomists doing research as well as others outside of the USA.

RX AG SERVICES LLC is a small precision Ag company located in Florence SD and is focused on bringing 

profitable precision Ag technology’s to farmers. The 2015 AgEagle will assist RX AG in bringing a strong 

analytical tool to help grower’s determine their crop health and address weed issue’s, seeding rates, and 

fertilizer rates. The 2015 AgEagle and its sensors have the ability to help address problems before they 

become out of hand and that will help reduce input cost.

AgEagle systems have a demonstrated safety track record. The AgEagle sUAS platforms were the first 

to officially fly a total of 19,080 operational hours.

2015 AgEagle Overview: AgEagle unmanned systems have been used to map approximately 1,272,000 

acres.

The 2015 AgEagle can carry payloads up to 2.5 pounds. The 2015 AgEagle flies at a maximum wind 

threshold of 43 M.P.H. for sustained winds and wind gusts up to 55 M.P.H.. What is unique about the 

AgEagle 2015 AgEagle is the system automatically compensates for wind versus relying on the 

operator’s ‘sense of feel’ for what the impact of the wind is at the altitude the system is flying. The 

end result is a system capable of gathering high quality aerial intelligence at much higher wind

thresholds. A trait that is imperative for many aerial inspection operations. 

The 2015 AgEagle has an operational range of up to 20 Statue miles (17.38 Nautical Miles).

All flight operations are GPS controlled making the system extremely easy to navigate. At any 

point if the operator is not explicitly commanding the system to move, the system automatically 

holds its GPS position (i.e. GPS hold for reliable location hover). Camera positioning is also GPS 

controlled allowing for the most sophisticated camera targeting available. The flight control system 

employs not only GPS positioning but a variety of sensors including sonar, barometric pressure, 

temperature, wind speed and others to ensure the most stability of any system in its class - regardless of 

the wind. 

Powered by DroneDeploy, the 2015 AgEagle can be operated in both semi and fully autonomous 

flight modes. Creating preplanned flight paths to fly in autonomous mode is as simple as clicking 

on the map to create a preplanned flight path. In semi-autonomous mode, the operator clicks 

on the map and the AgEagle 2015 AgEagle automatically flies to the point on the map where 

the operator is pointing. Pre-mission waypoints, Landing zone points and flight area dimensions can all 

be entered during preflight ensuring the 2015 AgEagle operates only within specified parameters. 
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The 2015 AgEagle includes many advanced safety features that makes the 2015 AgEagle the safest 

choice for both urban and non-urban environments. Built-in intelligent fault handling allows the 

2015 AgEagle to detect a system fault while in the air, and to automatically fly back to its take-off 

location and land. Faults that can be detected include: loss of communication; pre-set wind 

thresholds exceeded; and low battery levels. In addition, the operator can create no fly zones or 

maximum flight ranges and altitudes so the system cannot enter areas deemed unsafe or unnecessary 

to fly over. And before every take-off automated flight checks ensure the system is flight ready before it 

takes off. 

The 2015 AgEagle can be operated entirely by a touch-screen, map based interface. This means The 

operator only needs to command the system where to go, and the system does all the flying for 

the operator. Maps can be saved and flight plans can be made or recalled. 

2015 AgEagle Operating Manual - System user manual available upon request. 

Physical Characteristics:

Measurements – 56” wingspan X 6.5” long

Weight (without payload but with batteries) – 7 pounds

Weight with payload (T/O weight) – 7.5 pounds

Fuel - Batteries

Landing style/type – belly landing 

Propulsion System 

 ● Engines – The 2015 AgEagle is powered by 1 electric brushless DC motor. 

 ● Baeries – Lithium polymer batteries are self-contained high duration systems with SMART 

 intelligence on-board. This includes cycle charge times, locations, GPS antenna, chemical 

 management, and real-time data feeds to ensure maximum flight duration and sub-system 

 safety processes. Charging is done in the included AgEagle Battery charger and can be charged 

 via standard wall outlet, or via a vehicle. 

Performance Characteristics 

 ● Maximum Altitude – 400 AGL

 ● Maximum Endurance – 40 minutes

 ● Maximum Range – VLOS (Visual Line Of Sight)

 ● Weather Minimums - NA

 ● Winds Maximum – 40 MPH

 ● Minimum ceiling: - VLOS (Visual Line Of Sight)

 ● Minimum visibility: - VLOS (Visual Line Of Sight)

 ● Icing condions – no icing conditions 

 ● Precipitaon – no visible moisture 

Maintenance – The UAS is nearly maintenance free, it performs automatic pre-flight checks and 

the failure of any check will prevent take-off. Checks which cannot be done by the system will 

be performed by a qualified person prior to each flight. 
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Pre-flight checklist includes: 

 ● Visual inspecon of the airframe 

 ● Visual inspecons of rotor integrity 

 ● Check charge of all baeries (aerial vehicle, command staon, radio repeater staon) 

Reliability – The system is designed for maximum reliability and to maintain performance over its life. 

The only components experience routine wear are rotors, batteries, motors, and legs. Battery and motor 

conditions are monitored by the system with deviations reported to the operator. 

Contact with other objects during flight may cause other components, particularly rotors, and 

motor arms, to become damaged. Damaged components are likely to be detected during the 

full visual inspection of the airframe performed before each flight. Structural damage affecting 

flight characteristics will be detected by on-board sensors. 

The UAV system detects numerous conditions which may make flying unsafe, such as reduced GPS 

accuracy, magnetic anomalies, low battery charge, battery cell imbalances, temperature 

fluctuations. Automatic pre-flight checks prevent the UAV from taking off if such conditions are 

present; or, if the condition is detected during flight, the system will trigger a Fatal Conditioned 

Response. 

Fault Tolerance - The key feature of the UAV fault tolerance is its mechanical simplicity. It uses 

four fixed pitched rotors, each mounted on a separate motor. No control surfaces or other actuators 

are required for the UAS to fly. Any component failure detectable by the system will be reported 

to the control station and will cause the UAV to perform a Fatal Condition Response (FCR) or 

Non-Fatal Conditioned Response (NFCR), depending on the type of failure. 

Command and Control Systems 

The 2015 AgEagle Ground Control station allows the operator simultaneous control over aircraft and

payloads. The touch screen 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: 

 ● UAS Posion 

 ● Navigaon Route 

 ● UAS Tail Number 

 ● UAS Posion 

 ● UAS Altude 

 ● UAS Heading 

 ● North Seeking Arrow 

 ● Range to Target 

 ● Calculated target posion 

 ● Date/me 

 ● Sensor heading and orientaon relave to UAS 

On-board Flight Instruments – The UAV is equipped with an Inertial Navigation System (3-axis 
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gyroscope, 3-axis magnetometer, GPS receiver, and static pressure sensor) and a sonar sensor for 

precision AGL altitude measurement. 

On–board computer systems – The UAS is equipped on-board computer systems to monitor 

(sensors, battery, etc.), control (speeds, altitude, position, etc.), and communicate (control, 

telemetry, etc.). 

On-board guidance and navigation equipment – The UAS can operate autonomously; it does not 

require any input from ground-based equipment, or from the pilot to hover in place. 

Frequency Allocations – 900 MHz, 2.4 GHz, 5.8 GHz, 1,700 – 2,100 Mhz, custom 

Flight termination link – to prevent a “fly away” or other potentially dangerous situation a flight 

termination link is available to the operator at the GCS. 

Takeoff and Landing – The 2015 AgEagle has vertical lift autonomous launch and recovery. A 

Landing Zone “LZ” is designated by the operators and identified in the GCS software. For launch 

procedures the aircraft will takeoff and hover 3 meters directly above the LZ and hold until further 

operator instruction is given. The aircraft will automatically adjust for wind during this period. 

Navigation System – Specific maps can be downloaded to the display screen (such as air sectional 

and geographic maps) which are overlaid with GPS positional data. Waypoints can be created 

before and during flight operation creating specific locations and sequences for the aircraft. 

Redundant Systems – The UAS combines the input from a multitude of sensors. Even though the 

data from all sensors is required for optimal system performance, a single sensor malfunction is likely 

to result in degraded performance rather than leading to a catastrophic failure. 

Emergency Procedures and System Failures 

Failure Handling – The UAS has extensive failure detection and handling capabilities. All failures 

are deeded to be either fatal or non-fatal. Failures classified as fatal result in a Fatal Condition Response 

(FCR); and failures classified as non-fatal result in a Non-Fatal Condition Response (NFCR). 

Sensor Failure – Failure of on-board flight instruments/sensors will degrade the UAS 

performance and will result in either a FCR or a NFCR, depending on their severity. If the UAS 

becomes unstable due to sensor failure, it will stop all four motors and free fall to avoid a fly away 

condition. 

Motor Failure – The UAS flight performance will degrade significantly if one or more motors fail. 

Airframe Failure – If airframe is damaged in ways that impacts flight characteristics, the UAS will behave 

similar to if an on-board flight instrument failed. 
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Navigation System Failure – In a navigation system failure, degraded GPS will result in FCR or NFCR ‘s 

depending on failures. 

Power Failure – A complete battery failure which results in power loss to the UAS will result in degraded 

flight performance. 

Low Battery Condition – Operator will be alerted of a low battery condition and will land the aircraft as 

soon as able. 

Low Battery Condition – Operator will be alerted of a low battery condition and will land the aircraft as 

soon as able. 

Line-of-Sight Loss – All flight operations will be conducted with the UAS within visual sight of the pilot. 

If the pilot’s view becomes obstructed and line-of-sight is lost, the pilot may instruct the UAS to hover in 

place until line-of-sight is reestablished, to return to the take-off position, or to land at the current 

position. 

Security 

The system and communication links are encrypted by the manufacturer’s proprietary software.
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APPENDIX C 

SUMMARY OF AGEAGLE SECTION 333 EXEMPTION REQUEST

RX AG SERVICES LLC hereby provides pursuant to Part 11, a summary of its exemption application to 

allow commercial operation of the 2015 AgEagle small unmanned system in: agricultural market 

research, data collection, scouting, precision aerial survey work, mapping and inspections. An exemption 

is requested from the following regulations: 

14 C.F.R. Part 21; 

14 C.F.R. 45.23(b); 

14 C.F.R. xx1.113(a) & (b); 

14 C.F.R. xx1.133(a); 

14 C.F.R. 91.7(a); 

14 C.F.R. 91.9(b)(2) & (c); 

14 C.F.R. 91.103; 

14 C.F.R. 91.109(a); 

14 C.F.R. 91.119; 

14 C.F.R. 91.151(a); 

14 C.F.R. 91.203(a) & (b); 

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)