Lynn James French

dba FlytImagery

79970 Road 447

Broken Bow, NE. 68822 

308-872-5423

June 1, 2015 

U.S. Department of Transportation 

Docket Management System 

1200 New Jersey Ave., SE

West Building Ground Floor Room W12-140 

Washington, DC 20590 

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

Regulations

Dear Administrators, 

Pursuant to Section 333 of the FAA Modernization and Reform Act of 2012 (the “Reform Act”) and 14 

C.F.R. Part 11, Lynn James French dba FlytImagery, a private pilot, agriculture entrepreneur, and sUAS

owner, hereby applies for an exemption from the Federal Aviation Regulations (“FARs”) listed in section 

2 to allow commercial operation of the small Unmanned Aircraft Systems (sUAS) listed below within the 

Continental United States (CONUS) so long as operations are conducted under the limitations outlined 

herein or as may be established by the FAA as required by section 333.

The requested exemptions would authorize commercial operations for precision agriculture, real estate 

surveillance, structural inspections, and aerial photography that could be performed more safely within 

the U.S. National air space than with the use of manned aircraft. The approval of this request will, in part, 

allow improved predictive indicators of crop stress to assist production design, predictive crop yields, 

overall water use reduction, pest control, nutritional input management, repair assessment of structural 

systems, and beneficial usage from general photography. Operations will be performed only on owned 

property or with the authorization and permission of other property owners or their authorized agents. 

Given the small size, weight, speed, and limited operating area of the sUAS involved, and the remote and 

restricted environment within which they will operate, approval of the application presents no national 

security issue. Due to the reduce environmental impact from several aspects and the strong level of safety

surrounding the proposed operations associated with allowing sUAS for commercial operations, it can be 

assured that granting these requested exemptions is in the public interest (see section 4 below).

The limitations outlined in this request, provide for at least an equivalent or even higher level of safety to 

operations under the current regulatory structure because the proposed operations represent a safety

enhancement to employees, ground personnel, or pilot and crew operations that would otherwise be 

conducted with conventional aircraft, and because of the very high level of safety standards outlined in 

the operating conditions below (see section 5 below).

Therefore, the applicant respectfully requests that FAA grant the requested exemption without delay.
Table of Contents

Operating Conditions.....................................................................2

sUAS Description..........................................................................3

Name and address of applicant...............................................................4

Section of 14 CFR from which and exemption is being requested....................4

The extent of relief being sought and the reason for the relief ........................5

How this request would benefit the public as a whole ..................................5

Reasons why granting this exemption would not adversely affect safety ............5

Federal Registry summary ....................................................................6

Appendix A .......................................................................................7

Operating Conditions:

Grant of the exemption would be subject to the following operating conditions and operated in the rural 

central Nebraska area in accordance with conditions set forth by the Academy of Model Aeronautics and 

by a Pilot In Command (PIC) who:

 Maintains a minimum Private Pilot certificate operating the sUAS with the knowledge of

regulations as they pertain to safety and airspace restrictions afforded by this privilege.

 Has a valid driver’s license. 

 Completed the manufacturer provided training program.

 Maintains visual line of sight of the aircraft throughout its operation by unaided human vision other 

than corrective lenses as specified on the FAA airmen medical certificate. 

 Ensures the flight would be discontinued if a hazard to other aircraft, people, or property existed.

 Assesses weather conditions, airspace restrictions, and location of people to lessen risks if 

accidental loss of control should occur. Potential landing areas in the event of an emergency would 

be identified.

 Ensures flight would not occur over people except those directly responsible for the flight.

 Ensures flights would be limited to 400 feet altitude.

 All flights will be operated during daytime VFR conditions.

 Ensures flights would remain out of airport flight paths and restricted airspace areas, and obey FAA 

Temporary Flight Restrictions (TFR’s).

 Ensures no objects will be dropped from the sUAS.

 Performs pre-flight safety inspections according to the manufacturer including verification of 

communications links. 
 Maintains the sUAS in optimal condition according to manufacturer recommendations and 

continual upkeep of wear or damaged components. 

 Performs a functional flight test prior to conducting further operations under this exemption 

whenever critical flight components have been replaced that would affect the sUAS operation or 

flight characteristics. Flight tests would remain at least 500 feet from other persons and be 

conducted in such a manner so as not to impose an undue hazard to persons and property.

 Utilizes a Visual Observer (VO) in order to identify other aircraft and objects in the airspace during 

the flight so that the sUAS will be the first to maneuver away.

 Ensure operations conducted within five miles from an airport shall only be initiated when the 

following conditions are met:

o Airport is not a medium or large airport.

o Coordination with the airport authority, or air traffic control when a control tower is 

present.

o Airport UNICOM frequency when applicable is monitored and flight intentions are 

communicated.

o Flight maneuvers will be initiated to remain clear of traffic as visually observed or when 

communicated on the UNICOM frequency by the pilot or control tower.

 Will not operate the sUAS from any moving device or vehicle.

 The sUAS will be operated at speeds under 40 knots.

 The sUAS will not be operated in winds exceeding 25 knots and consistent with any manufacturer 

recommendations. 

 Flight time will be limited in duration to ensure that no less than 10% battery power remains upon 

landing. 

 Verifies that if the sUAS loses communications or loses its GPS signal, it can return to a

pre- determined location and land within the private or controlled-access property.

 All operations shall comply with required permissions and permits established by territorial, state, 

county, or city jurisdictions; including local law enforcement, fire, or other appropriate 

governmental agencies.

sUAS Description:

The following sUAS aircraft are being requested for approval with this petition.

A) AgEagle:

Features of the AgEagle include:

● Time and flight proven design in Kansas and Nebraska environmental conditions.

● Silent and reliable battery powered electric fixed wing aircraft with a wingspan of approximately

56 inches.

● Take-off weight of approximately 7.5 pounds including payload.

● Failsafe controls for emergency landings.

● Automated low battery return.

● Laser provisions in the wing allow for automated feather soft landings.

● Automated preflight system performance checks and calibrations.

● A preflight checklist for the sUAS operator.

● 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.

B) DJI Phantom 3:

Features of the DJI Phantom 3 include:

● Based on the highly successful consumer grade Phantom line of DJI quadcopters.

● Battery powered quad rotor unmanned aircraft and handheld ground control station.

● Maximum diameter of less than 24 inches.

● Take-off weight of approximately 2.8 pounds.

● It has fail safe modes of operation for either loss of RC or GPS signal.

● Automatic termination of flight and landing will be initiated when the battery reaches a 

predetermined low state.

● Limited range governed by the battery for an approximate 25 minute operational time.

● Load carrying capacity limited to a single sensor approximate to the size of a consumer 

point-and-shoot camera

● Maximum speed less than 32 knots.

● Internal inertial measuring unit (IMU) with integrated barometric sensor augmented with global 

positioning system (GPS) to maintain geospatial orientation and position.

● Telemetry information is transmitted back to a ground control station allowing the PIC to 

monitor battery level, GPS signal strength, altitude (AGL), distance from PIC.

● Altitude can be limited by the onboard flight controller and maximum altitude can be 

preprogrammed by the PIC.

1) Name and Address of Applicant is:

Lynn James French, 

dba FlytImagery

79970 Road 447

Broken Bow, NE. 68822

Phone: 308-872-5423

2) Section of 14 CFR from which and exemption is being requested:

a. Exemption of the following sections of 14 CFR are be requested.

• 14 C.F.R. 21 Certification Procedures for Products and Parts

• 14 C.F.R. 61.113(a) Private Pilot privileges and limitations

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

• 14 C.F.R. 91.119(c) Minimum safe altitudes

• 14 C.F.R. 91.121 Altimeter settings

• 14 C.F.R. 91.151(a)(1) Fuel requirements for VFR flight

• 14 C.F.R. 91.405(a) Maintenance Required

• 14 C.F.R. 91.407(a)(1) Operation after Maintenance, Rebuilding, or Altercation.

• 14 C.F.R. 91.409(a)(1)&(2) Inspections

• 14 C.F.R. 91.417(a)&(b) Maintenance records
3) The extent of relief being sought and the reason for the relief:

a. See Appendix A

4) How this request would benefit the public as a whole:

a. Utilizing sUAS in the agricultural industry for precision surveys, real estate surveillance, 

structural inspections, and aerial photography, is in the public interest because it provides timely

access to large amounts of survey data via environmentally friendly means. This enables

growers to improve the productivity of the crop by more accurately identifying and correcting 

crop stress factors. In many cases, crop nutrients can be reduced in areas determined to already 

be healthy.

Alternatives to utilizing sUAS technology erodes the competitiveness of the US food supply

simply due to its reduced efficiency, increased cost, and lack of data precision. These 

alternatives might include satellite imagery which is less competitive and is not often available 

in the instantaneous time frames needed to detect and react to crop health issues. Manned 

aerial survey is another alternative which employs the use of full size aircraft. While the results 

can be similar, the process comes at a higher cost and a more time consuming process. This 

process is less able to operate safely close to the ground where higher resolution detail is 

needed. Additionally, the proposed sUAS operate off of stored electric energy, reducing the 

environmental impact from engine emissions and hazards associated with stored onboard fuel in 

the aircraft. A third alternative includes ground scouting analysis which involves personnel 

visually inspecting crops for health and yield. This process is very limited by the amount of 

area a person can cover on foot over a period of time – again reducing the value and increasing 

the cost of the results as compared to sUAS technology.

In summary, approval of this exemption for commercial operations is in the best public interest 

by:

- Helping to keep the US food supply competitive through increased efficiency and reduced 

cost.

- Reduced environmental impact from the reduction in emissions that are traditionally created 

from manned flights performing the same task.

- Reduced environmental impact from the reduction of fertilizer requirements through precise 

identification of areas that may not require applications when compared to surrounding areas 

which do.

- Improved safety of the general public when compared to the hazards associated equivalent 

manned flights at low altitudes.

5) Reasons why granting this exemption would not adversely affect safety and how the exemption 

would provide a level of safety at least equal to the existing rule.

a. The proposed operations outlined in this petition would not adversely affect safety and will

provide a greater level of safety than the existing rule for the following key reasons:

i. The sUAS would be operated by a certificated pilot with current medical who utilizes the 

knowledge of airspace regulations and flight safety to ensure the operation of sUAS is 

consistent with these requirements and the safety of fellow pilots of manned aircraft.

ii. The operation ofsmall battery powered sUAS, weighing lessthan ten pounds, flying at

speeds less than 40 knots, and conducted in the strict conditions outlined in the 

Operating Conditions listed above, will provide a higher level of safety than existing 

rule utilizing manned aircraft and that of the currently proposed rules for small 
unmanned aircraft systems. Conventional operations conducted with manned aircraft 

have elevated risks for the following reasons:

1. Operations are in large aircraft carrying large amounts of fuel and operating at 

extremely low altitudes while in close proximity to people, animals, and 

structures. The opportunity for emergency landings in event of aircraft failure 

are limited because of these operating conditions and therefore put the public 

in danger.

2. Manned aircraft equipped for the operations requested in this exemption have 

a flight crew on board to operate the imaging equipment. The aircraft, pilot, 

and crew must travel from an airport to the target area, fly multiple passes 

across the surveillance area, and return to the airport. These flights must pass 

over many property owners to achieve their objective. This exposes both flight 

crew and ground personnel to noise, emissions, and safety risks associated 

with such operations.

In summary, the sUAS proposed in this exemption are battery powered, small, lightweight, hand 

carried to the surveillance sight (not flown), and operated by a certificated pilot. These safety 

enhancements virtually eliminate the risks outlined above and provide for a level of safety better 

than the existing rule. 

6) Federal Registry Summary

Pursuant to 14 C.F.R. § 11.81(f), the following summary is provided for publication in the Federal 

Register, should the FAA determine that publication is needed:

Docket No.: ________________

Petitioner: Lynn James French dba FlytImagery

Sections of 14 CFR: 14 C.F.R. 21, 14 C.F.R. 61.113(a), 14 C.F.R. 91.7(a), 14 C.F.R. 

91.119(c), 14 C.F.R. 91.121, 14 C.F.R. 91.151(a)(1), 14 C.F.R. 91.405(a), 14 C.F.R. 

91.407(a)(1), 14 C.F.R. 91.409(a)(1)&(2), 14 C.F.R. 91.417(a)&(b)

Description of Relief Sought: Lynn James French, dba FlytImagery, is seeking an exemption pursuant to 

14 CFR and Section 333 of the FAA Modernization and Reform Act of 2012. The exemption will permit 

safe operation of the above name sUAS commercially for the purpose of conducting precision agriculture 

operations, real estate surveillance, structural inspections, and aerial photography that could be performed 

more safely within the U.S. National air space than with the use of manned aircraft.

Based upon the foregoing, Lynn James French dba FlytImagery, requests that the FAA grant the 

necessary exemptions under Section 333 of the FAA Reform ACT and 49 U.S.C. §44701(f) of the Federal 

Aviation Act as requested herein to allow commercial operations within the continental United States.

Submitted on June 1, 2015

Respectfully submitted, 

Lynn James French, dba FlytImagery
APPENDIX A: The Extent of the Relief being Sought and the Reason for the Relief

Lynn James French dba FlytImagery, requests an exemption from the regulations listed in section 2 to the 

extent described below as well as any additional regulations that may technically apply to the operation of 

the aircraft: 

14 C.F.R. Part 21, Subpart H: Certification Procedures for Products and Parts, Subpart H –

Airworthiness Certificates

Part 21, Subpart H, entitled Airworthiness Certificates, establishes the procedural requirements for the 

issuance of airworthiness certificates as required by FAR § 91.203(a). Given the size of the sUAS, its 

weight, speed, operational capability, its proximity to airports and populated areas, and the operating 

conditions outlined in this petition, it is unnecessary to go through the certificate of airworthiness process 

under Part 21 Subpart H in order 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 the consideration described 

herein.

14 C.F.R. § 61.113 (a): Private Pilot Privileges and Limitations: Pilot in Command

Section 61.113(a) limits private pilots to non-commercial operations. Unlike a conventional aircraft that 

carries a pilot, passengers, and cargo, the sUAS in this petition are 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 any aircraft for compensation or hire. While airspace knowledge and

requirements remain the same for both private and commercial pilots, and while sUAS do not present the 

safety hazards around non-airspace issues such as on-board occupants, it is an equivalent level of safety 

for private pilots to serve as pilot of command of a sUAS for compensation or hire. 

Additionally, the sUAS in this petition have an autonomous navigation and control system with GPS 

guidance along with a high degree of pre-programmed limitations to prevent the potential for operation 

outside of the airspace restrictions established. Automated controls enable safe, reliable operation, as well 

as advanced networking capabilities. As such, nearly all operations that would be traditionally handled by 

a commercial pilot are handled by the intelligent systems in the aircraft. 

Given the fact that there are no occupants or cargo in the aircraft and the fact that the safety features of the 

sUAS are highly software controlled and monitored in real-time with a specific flight management 

systems, it is proposed that pilot in command should not be required to hold a commercial pilot 

certification but rather be able to utilize the privileges of a private pilot certificate for commercial 

purposes of operating a sUAS.

Given these conditions and the size, speed, operational capabilities, and lack of combustible fuel, the risks 

associated with private pilot operations are diminished such that allowing operations set forth would meet 

or exceed the current level of safety.

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 petitioned sUAS without an 

airworthiness certificate, no standard will exist for airworthiness of these aircraft. Given the successful 

track record of these aircraft combined with the fault monitoring and other provision previously 

mentioned herein, an equivalent level of safety will be achieved by insuring compliance with the 

manufacturer’s manuals for maintenance, safety, and pre-flight prior to each flight. 

14 CFR § 91.119 (c): Minimum Safe Altitudes: General

This regulation provides that over sparsely populated areas the aircraft cannot be operated closer than 500 

feet to any person, vessel, vehicle, or structure. Because flight operations for precision agriculture, real 

estate surveillance, structural inspections, and aerial photography are required to be performed at 

relatively low altitudes (below 400 feet) an exemption from Section 91.119(c) is needed.

The equivalent level of safety will be achieved because these aircraft will only fly over private property 

with the permission of the landowner and will not be operated in congested or populated areas. 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 aircraft are built. Additionally the 

aircraft are not designed for transit but rather for limited flights for a specific purpose. Because of this 

inherent constraint, it is considered that the lowered minimum safe altitude will provide an improved or 

equivalent level of safety compared to large aircraft with pilot, passenger, flammable fuel, and cargo 

transitioning across many miles to perform its duties. 

14 CFR 91.121 – Altimeter settings 

This section requires that each person operating an aircraft shall maintain the cruising altitude or flight 

level of that aircraft, as the case may be, by reference to an altimeter that is set, when operating below 

18,000 feet MSL to: 

• The current reported altimeter setting of a station along the route and within 100 nautical miles of 

the aircraft; 

• If there is no station within the area prescribed in paragraph (a)(1)(i) of this section, the current 

reported altimeter setting of an appropriate available station; 

• In the case of an aircraft not equipped with a radio, the elevation of the departure airport or an 

appropriate altimeter setting available before departure. 

Due to the very limited area of operation afforded by line of sight operation and the low altitudes with 

which these operations are targeted, the intent of this section does not affect the level of safety for sUAS 

operations

To provide an equivalent level of safety, ground level reference altitudes are established in part by onboard GPS during the pre-flight tests. 

14 C.F.R. § 91.151 (a) (1): Fuel Requirements for Flight in VFR Conditions

The regulation provides that no person may begin a flight in an airplane under day-VFR conditions unless 

there is enough fuel to fly to the first point of intended landing and to fly after that for at least 30 minutes. 
Given that the flights of the proposed aircraft are much shorter in duration (less than 40 minutes), have a

limited area of operation, and limited size, weight, and speed, an equivalent level of safety is achieved 

through built in battery power monitoring provisions and the Operating Conditions outline in this petition. 

Those conditions coupled with the built in low battery “return to home” features and fail safe checks built 

into the aircraft will provide an equivalent level of safety.

14 C.F.R. § 91.405 (a): Maintenance Required

Maintenance of the petitioned sUAS is performed by the operator in accordance with the instruction 

materials provided by the manufacturer and as provided during training as applicable. An equivalent level 

of safety can be achieved in lieu of the current rule when these instructions and training are followed and 

because the inherent properties of the aircraft which include:

- Small size and mechanical simplicity due to small electronic motors controlled by highly 

refined electronic circuits as compared to conventional aircraft with large fuel propelled 

engines controlled by a complex series of mechanical systems and linkages requiring a 

high level of skill by the maintenance crew.

- Lack of cargo, crew, or passengers.

- Very limited area of remote operation dictated by line of sight.

As provided in the manuals and the operating conditions outlined in this exemption, the operator 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. It is also recognized that the trained operator is the 

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

and to ensure and equivalent level of safety. Key elements of the aircraft are designed to be easily 

changed (i.e. propellers) by trained operators such that the aircraft is easily kept in an airworthy state.

14 CFR § 91.407 (a) (1): Operation after Maintenance, Preventive Maintenance, Rebuilding or 

Altercations

This section applies only to aircraft with an airworthiness certificate, therefore these sections would need 

exemption. The maintenance, preventative maintenance, rebuilding, and alterations will be performed by 

the operator pursuant to the manufacturer’s recommendations and the operating conditions outlined in this 

petition. The aircraft will be discrepancy free prior to initiating flight and will be grounded if mechanical 

issues are discovered. The operator will consult with the manufacture regarding any unresolved 

discrepancies until they have been restored back to factory standards. Additionally, the simplicity of the 

aircraft by design facilitates limited wear parts and ability for basic field maintenance. These aircraft 

attributes and procedures will provide an equivalent level of safety.

14 CFR § 91.409 (a) (1) & (2): Inspections

This section applies only to aircraft with an airworthiness certificate, therefore these sections would need 

exemption. Pre-flight and post-flight inspections will be accomplished by the operator to the 

manufacturer’s recommendations and as outlined in the operating conditions. Any discrepancies

discovered during inspections will be resolved before further flight. An equivalent level of safety is 

achieved because of these inspections and the limitations of the aircraft and flight which include: flights 

under 400 feet, small size, limited area of operation, and lack of cargo, crew, or passengers.
14 CFR § 91.417 (a) & (b): Maintenance Records

This section applies only to aircraft with an airworthiness certificate and therefore these sections would 

need exemption. Maintenance will be accomplished by the operator pursuant to the manufacturer’s

recommendations and the operating conditions outlined in this petition. The operator will maintain 

records of maintenance performed. An equivalent level of safety will be achieved through the inspection 

and maintenance outlined above and by the records of maintenance and repair that will be kept as outlined 

in this section.