Jon Tull, CEO Ag Tech Enterprises, Inc. 4580 E. Thousand Oaks Blvd. Suite 300 Westlake Village, CA 91362
June 12, 2015

Unmanned Aircraft Systems Integration Office AFS-80 800 Independence Ave., S.W. Washington, D.C. 20591
To Whom It May Concern: Enclosed please find an exemption application filed on behalf ofAg Tech Enterprises, Inc. under Section 333 ofthe FAA Modernization and Reform Act of2012 and 14C.F.R. Part 11 to allow commercial operations ofunmanned aircraft for precision aerial survey. We here at Ag Tech requestthatyou considerthis request for summarygrant based up on the company's existing 333 exemption (Exemption No. 11573; Regulatory Docket No. FAA-2015-0351) for use ofa similar aircraft, and also based upon the exemptions that have already been granted regarding the make and model ofaircraft presently at issue. Should you oryour staffhave any questions, please contact the undersigned. Thankyou foryour time and consideration.

Jon Tull, CEO EnclosuresJune 12,2015 U.S. DepartmentofTransportation DocketManagement System 1200NewJersey Ave., SE Washington, DC 20590 Re: Exemption Request Under Section 333 ofthe FAA Reform Act and Part 11 ofthe Federal Aviation Regulations DearMadam, Sir, Pursuant to Section 333 ofthe FAA Modernization and Reform Act of2012 (the "Reform Act") and 14 C.F.R. Part 11, Ag Tech Enterprises, Inc. ("Ag Tech") an operator ofthe DJI Inspire 1, DJI Phantom 2, and Dll Phantom 3 (collectively, the "UAVs") seeks an exemption from the Federal Aviation Regulations ("FARs") listedbelow:
• 14 C.F.R. 21 • 14 C.F.R. 45.23 • 14 C.F.R. 45.29 • 14 C.F.R. 61.3 • 14 C.F.R. 61.113(a)&(b) • 14 C.F.R. 61.133(a)&(b) • 14 C.F.R. 91.121 • 14 C.F.R. 91.7(b) • 14C.F.R.91.119 • 14 C.F.R. 91.151(a) • 14 C.F.R. 91.203(a)&(b) • 14 CFRSubpartE (91.401 - 91.417) The requested exemption would authorize commercial operations using the UA Vs for mapping and survey applications, including real estate photography and precision agriculture. These operations will be subjectto strict operating requirements and conditions defined inthe paragraph 

### 3.
1. CHARACTERISTICS OF THE AIRCRAFT The UAVs are vertical takeoff and landing (VTOL) Unmanned Aircraft (UA) with a Ground Control Station (GCS) utilizing electronic tablet or smart phone systems. The Inspire 1 and Phantom 2 are electric powered rotary wing UAS that are capable oftransmitting live airborne video images and location information to a Ground Control Station (GCS). Both the Phantom and Inspire store the photographs and data on board and makes them available for download after completion ofthe flight. The Inspire is 22 in x 22 in x 8 in and weighs 6.4 pounds, and the Phantom 2 is lighter at 2.2pounds. 14 inx 14 inx 6 in. All are well underthe 55 lbsmandated in the FMRA. The Inspire has a maximum cruising speed of42 knots while the Phantom has a maximum cruising speed of 29 knots. All are battery powered, have a flight endurance of 22

### minutes and can operate in temperatures ranging from 0° to 40° C. Both the Inspire and the Phantom have omni-directional antenna with a range of2.1 km 

### and operating in the 2.420

- 2.483 GHz frequency range, 

### 2, APPLICATIONS Ag Tech intends to use the UAVs to collect aerial datafor use in the following areas:
• Real Estate Photography • Surveying •Precision Agriculture With regards to precision agriculture, this exemption will allow Ag Tech to assist customers with crop yield optimization, resource allocation and management, pest control, and risk management. Ag Tech proposes to use a small, lightweight UAV and proprietary cloud-based software to collect, process, and analyze aerial data. In 

### doing so, Ag Tech would occupy a brand new space in a transformative industry by providing high quality and actionable information to users. Ag Tech's use ofthe UAVs would contribute to various social goods, from environmental protection to improved crop yields. In providing this service, Ag Tech would empower researchers and farmers to make bettermanagement decisions through software that identifies disease and insects, nutrient deficiencies, and materials for increasing yields withfewerresources. Operations wlder the exemption will be subjectto 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. All sUAS flights that will occur over private or controlled access property, will do so with the property owner's prior consent and knowledge and that only people who have consented or otherwise have agreed to be in the area where filming will take place will 

### be filmed. 3. Operating Requirements 

### Grant ofthe exemption to Ag Tech for the DJI Inspire 1, DJI Phantom 2, and DJI Phantom 3 will be subject to the following operating conditions:
• 1. Operations authorized by this grant of exemption are limited to the UAVs when weighing less than 55 pounds including payload. Proposed operations ofany other aircraft will require a new petition ora petitionto amend this exemption.
• 2. Operations for the purpose ofclosed-set motion picture and television filming are not permitted.
• 3. The UA may not be operated at a speed exceeding 87 knots (100 miles per hour). The exemption holder may use either groundspeed or calibrated airspeed to determine compliance with the 87 knot speed restriction. In 

### no case will the UA be operated at airspeeds greater than the maximum UA operating airspeed recommended by the aircraft manufacturer.
• 4. The UA must be operated at an altitude ofno more than 400 feet above ground level(AGL). Altitude mustbe reported 

### in feet AGL.

• 5. The UA must be operated within visual line of sight (VLOS) ofthe PIC at all times. This requires the PIC to be able to use human vision unaided by any device other than corrective lenses, as specified on the PIC's FAA-issued airman medical certificate or U.S. driver's license.

• 6. All operations must utilize a visual observer (VO). The UA must be operated within the visual line ofsight (VLOS) ofthe PIC and VO at all times. The VO maybe usedto satisfy the VLOS requirement as long as the PIC always maintains VLOS capability. The VO and PIC must be able to communicate verbally at all times; electronic messaging or texting is not permitted during flight operations. The PIC must be designated before the flight and cannot transfer his or her designation for the duration ofthe flight. The PIC must ensure that the VO canperformthe duties required ofthe VO.
• 7. This exemption and all documents needed to operate the UAS and conduct its operations in accordance with the conditions and limitations stated in this grant of exemption, are hereinafter referred to as the operating documents. The operating documents must be accessible during UAS operations and made available to the Administrator upon request. Ifa discrepancy exists between the conditions and limitations in this exemption and the procedures outlined in the operating documents, the conditions and limitations herein take precedence and must be followed. Otherwise, the operator must follow the procedures as outlined in its operating documents. The operator may update or revise its operating documents. It is the operator's responsibility to track such revisions and present updated and revised documents to the Administrator or any law enforcement official upon request. The operator must also present updated and revised documents ifit petitions for extension or amendment to this grant of exemption. Ifthe operator determines that any update or revision would affect the basis upon which the FAA granted this exemption, then the operator must petitionfor an amendmentto its grant ofexemption. The FAA's UAS Integration Office (AFS-80) may be contacted ifquestions arise regarding updates orrevisions to the operating docl.llllents.
• 8. Any UAS that has undergone maintenance or alterations that affect the UAS operation or flight characteristics, e.g. replacement of a flight critical component, must undergo a functional test flight prior to conducting further operations under this exemption. Functional test flights may only be conducted by a PIC with a VO and must remain at least 500 feet from other people. The functional test flight must be conducted in such a manner so as to notpose an undue hazard to persons and property.
• 9. The operator is responsible for maintaining and inspecting the UAS to ensure that it is in a condition for safe operation.
• 10. Prior to each flight, the PIC must conduct a pre-flight inspection and determine the UAS is in a condition for safe flight. The pre-flight inspection must account for all potential discrepancies, e.g. inoperable components, items, or equipment. 

### Ifthe inspection reveals a condition that affects the safe operation ofthe UAS, the aircraft is prohibited from operating until the necessary maintenance has been performed and the UAS is found to be in a conditionfor safe flight.
• 11. The operator must follow the UAS manufacturer's maintenance, overhaul, replacement, inspection, and life limit requirements for the aircraft and aircraft components.• 12. Each UAS operated under this exemption must comply with all manufacturer safety bulletins.
• 13. Under this grant ofexemption, a PIC musthold either an airline transport, commercial, private, recreational, or sport pilot certificate. The PIC must also hold a current FAA airman medical certificate or a valid U.S. driver's license issued by a state, the District of Colombia, Puerto Rico, a territory, apossession, or the Federal government. The PIC must also meet the flight review requirements specified in 14 CFR § 61.56 in an aircraft in whichthe PIC is rated on his orherpilot certificate.
• 14. The operator may not permit any PIC to operate unless the PIC demonstrates the ability to safely operate the UAS in a manner consistent with how the UAS will be operated under this exemption, including evasive and emergency maneuvers and maintaining appropriate distances from persons, vessels, vehicles and structures. PIC qualification flight hours and currency must be logged in a manner consistent with 14 

### CFR § 

### 61.51(b). Flights for the purposes of training the operator's P!Cs and VOs (training, proficiency, and experience-building) and determining the PIC's ability to safely operate the UAS in a manner consistent with how the UAS will be operated under this exemption are pennitted under the terms ofthis exemption. However, training operations may only be conducted during dedicated training sessions. During training, proficiency, and experience-building flights, all persons not essential for flight operations are considered nonparticipants, and the PIC must operate the UA with appropriate distance from nonparticipants in accordance with 14 CFR § 91.119.
• 15. UAS operations may not be conducted during night, as defined in 14 CFR § 1.1. All operations must be conducted under visual meteorological conditions (VMC). Flights under special visual flight rules (SVFR) are not authorized.
• 16. The UAmay not operate within 5 nautical miles ofan airport reference point (ARP) as denoted in the current FAA Airport/Facility Directory (AFD) or for airports not denoted with an ARP, the center ofthe airport symbol as denoted on the current FAA- published aeronautical chart, unless a letter ofagreement with that airport's management is obtained or otherwise permitted by a COA issued to the exemption holder. The letter ofagreement with the airport management must be made available to the Administrator or any law enforcement official upon request.
• 17. The UA may not be operated less than 500 feet below or less than 2,000 feet horizontally from a cloud orwhen visibility is less than 3 statute miles from the PIC.
• 18. Ifthe UAS loses communications or loses its GPS signal, the UAmust return to a predetermined location within the private or controlled-access property.
• 19. The PIC must abort the flight inthe event oftmpredicted obstacles or emergencies.
• 20. The PIC is prohibited from beginning a flight unless (considering wind and forecast weather conditions) there is enough available power for the UA to conduct the intended operation and to operate after that for at least five minutes or with the reserve power recommendedby the manufacturer ifgreater.
• 21. Air Traffic Organization (ATO) Certificate of Waiver or Authorization (COA). All operations shall be conducted in accordance with an ATO-issued COA. The exemptionholder may apply for a new or amended COA if it intends to conduct operations that cannot be conducted under the terms ofthe attached CO

### A.

• 22. All aircraft operated in accordance -with this exemption must be identified by serial number, registered in accordance with 14 CFR part 47, and have identification (NNumber) markings in accordance with 14 CFR part 45, Subpart C. Markings must be as large aspracticable

. 

# • • 23. Documents used by the operatorto ensure the safe operation and flight ofthe UAS and any documents required under 

### 14 CFR §§ 91.9 and 91.203 must be available to the PIC at the Ground Control Station of the UAS any time the aircraft is operating. These documents must be made available to the Administrator or any law enforcement official upon request.
• 24. The UA must remain clear and give way to all manned aviation operations and activities at all times.

• 25. The UAS maynot be operatedby the PIC from any moving device orvehicle.
• 26. All Flight operations must be conducted at least 500 feet from all nonparticipating persons, vessels, vehicles, and structures unless: • a. Barriers or structures are present that sufficiently protect nonparticipating persons from the UA and/or debris in the event of an accident. The operator must ensure that nonparticipating persons remain under such protection. If a situation arises where nonparticipating persons leave such protection and are within 500 feet ofthe UA, flight operations must cease immediately in a manner ensuring the safety ofnonparticipating persons; and • b. The owner/controller ofany vessels, vehicles or structures has granted permission for operating closer to those objects and the PIC has made a safety assessment ofthe risk of operating closerto those objects and detennined thatitdoes notpresent anundue hazard. The PIC, VO, operator trainees or essential persons are not considered nonparticipating persons under this exemption.
• 27. All operations shall be conducted over private or controlled-access property with permission from the property owner/controller or authorized representative. Permission from property owner/controller or authorized representative will be obtained for each flight to be conducted.
• 28. Any incident, accident, or flight operation that transgresses the lateral or vertical boundaries ofthe operational area as defined by the applicable COA must be reported to the FAA's UAS Integration Office (AFS-80) within 

### 24 hours. Accidents must be reported to the National Transportation Safety Board (NTSB) per instructions contained on the NTSB Web site: \VWW.ntsb.gov. 3_ CONCLUSION Satisfaction ofthe criteria provided in Section 333 ofthe Reform Act of 2012

- size, weight, speed, operating capabilities, proximity to airports and populated areas, and operation within visual line ofsight and national security- provide more than adequatejustificationforthe grant of the requested exemptions allowing commercial operation ofapplicant's UAVs for the Purposesoutlinedherein and are consistent with exemptions already granted. Ag Techrespectfully submits that because these small, unmanned aerial vehicles will be used in lieu of comparatively hazardous operations now conducted with fixed wing and rotary conventional aircraft, the FAA can have confidence that the operations will achieve at least an equivalent level or greater level of safety. Approval ofthis exemption would thereby enhance safety and fulfill the Secretary of Transportation's (the FAA Administrator's) responsibilities under Section 333(c) ofthe Reform Act to "establish requirement for the safe operation of such aircraft systems inthe national airspace system."

JonTull, CEO AgTechEnterprises,Inc.

ANNEXA: EXEMPTIONREQUESTANDEQillV ALENTLEVELOF SAFETY SHOWINGSUNDERAPPLICABLERULES SUBJECTTOEXEMPTION Ag Tech requests an exemption from the following regulations as well as any additional regulations that maytechnically apply to the operation oftheUAVs: 14 C.F.R

. Part21, SubpartH: Airworthiness Certificates 14 C.F

.R 

### § 91

.203(a)(1) Section 91.203 requires all civil aircraft to have a certificate ofairworthiness. Part21, 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 ofthe UAVs, they are very light weight andthe limited operating area associated withits utilization, it is unnecessary to go through the certificate ofairworthiness process under Part 21 SubpartH in order to achieve or exceedcurrent safety levels. Such an exemption meets the requirements of an equivalent level of safety under Part 11 and Section 333 ofthe Reform Act. TheFederal Aviation Actand Section 333 ofthe Reform Actboth authorize the FAA to exempt aircraft from the requirement for an airworthiness certifica t e, upon consideration ofthe size, weight, speed, operational capability, and proximity to airports and populated areas ofthe UAS involved. An analysis ofthese different criteriademonstrates that the UAVs operated without an airworthiness certificate, under the conditions proposed in that exemption, will be at least as safe, or safer, than a conventional aircraft with an airworthiness certificate. A proprietary risk assessment for operations with the UAVs, which demonstrates that assertion, is also being submittedto the FAA aspartofthis application. 14 C.F

.R. 

### § 45

.23 & 14 C

.F
.R. 

### § 45.29: Display ofmarks; size ofmarks These regulations provide that each aircraft must display "N" and the aircraft's registration number in letters at least 3 inches high. Add itionally, the aircraft must display the word "EXPERIMENTAL" in letters at least 2 inches high near the entrance to the cabin, cockpit, or pilot station.Giventhe size ofthe UAVs, compliance withthis requirement is impossible. 14 C.F.R. § 61.3: Requirements for certificates, ratings and authorizations 

### 14 C.F.R. 

### § 61.113(a) & 

### (b); 61.133(a): PrivatePilot Privileges andLimitations; Pilot in Command; CommercialPilot Privileges and Limitations The regulationprovides that no person may serve as a required pilot flight crewmember ofa civil aircraft ofthe United States, unless thatperson: (1) Has a pilot certificate or special purpose pilot authorization issued under this part in that person's physical possession or readily accessible in the aircraft when exercising the privileges of that pilot certificate or authorization. However, when the aircraft is operated within a foreign country, a pilot license issued by that countrymay be used. The regulation provides also that no person that holds a private pilot certificate may act as pilot in command ofan aircraft for compensation orhire. Subparagraph (b) allows a privatepilotto act as pilot in command ofan aircraft inconnectionwith anybusiness oremployment if: (1) The flight is only incidental to thatbusiness oremployment; (2) The aircraft does notcarry passengers orproperty for compensationorhire. 14 C.F.R. § 91.7(a): Civil aircraft aitworthiness 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 ofthe UAVs without an airworthiness certificate, no standard will exist for airworthiness ofthe UAVs. Given the size ofthe aircraft and theprevious airworthiness assessments givento the UAVs, among others. An equivalent level of safety will be achieved by insuring compliance with the UAV manuals priorto each flight. 14 C.F.R. § 91.9: Civil aircraft flight manual, marking, and placard requirements. This regulationprovidesthat noperson may operate an aircraft unless a current, approved flight manual is inthe aircraft. Ag Tech assumes thatthe intent ofthis requirement isto ensure that flight manual infonnationis available to the aircrew while operatingthe aircraft. Ag Tech requests anexemptionto this requirement since the aircraftisnot onlytoo small to carry docwnentation, the documentation would not be availableto the crew. The equivalent level ofsafety will be achieved by keeping a hard copy ofthe flight manual inthe UAVstransportation box. 

### 14 C.F.R. § 

### 91.119: Minimum Safe Altitudes The regulation provides that over sparsely populated areas the aircraft cannot be operated closer than 500 feet to any person, vessel, vehicle, or structure. Since the aircraft will be operating at a maximum of400 feet AGL, the UAVs cannotcomplywiththis requirement. The equivalent level of safety will be achieved because the UAVs will only fly over privateproperty with the permission of the landowner. The operator will define before every flight a working arearadius and a flight areaceiling, preventing the UAVs to go beyondthe flight area. The landowner and the persons who may be onthe ground in the flight areawill be briefed ofthe expected route offlight and the associated risks to persons and property onthe ground. Due tothe small size of the UAVs and the material with which the UAVs is built, the hazard to persons, vessels, vehicles, and structures is not comparable to manned aircraft and should be considered in granting the exemption. Moreover, the aircraft will not be operated over congested areas nor over any open-air assembly of persons. The aircraft will be operated at an altitude allowing, if a power unit fails, an emergency landing withoutundue hazard to persons orpropertyonthe surface. 

### 14 C.F.R. 91.121- Altimeter settings This sectionrequires thateachperson operating anaircraft shall maintainthe cruising altitude or flight level ofthe aircraft, asthecase may be, by referenceto analtimeterthat is set, when operating below 18.000 feet MSL to:

• The current reported altimeter setting ofa station alongthe route and within 100 nautical miles ofthe aircraft; • Ifthere is no stationwithin the areaprescribedin paragraph (a)(l)(i) ofthis section, the currentreported altimeter setting ofanappropriate available station; • Inthe case ofan aircraft notequippedwith a radio, the elevation ofthe departure airport or an appropriate altimeter setting available before departure. To provide an equivalent level ofsafety, the UAVs autopilot calculatesthereference altitude (ground level) withthe on-board GPS during thepreflighttests. The GPS and barometerdataare mergedwithrespectto their respectiveprecisions. The GPS provides reliable informationto correctpotential barometric bias, while rapid variations in altitude are detectedthroughthe barometer. Hence, barometric bias inducedby environmental factors is rejected. 

### 14 C.F.R. 

### § 91.151(a): Fuel Requirements for Flightin 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 ofintended landing and to fly after that for at least 30 minutes. Given the area ofoperation for the UAVs, Ag Tech believes that an equivalent level ofsafety is already achieved withthe specific procedure preventing the UAVs to accept a**take~off**order is the battery level is below a given value. 

### 14 C.F.R. 

### § 91.203 (a) & 

### (b): CarryingCivil Aircraft Certification and Registration This regulationprovides as follows: • No personmay operate a civil aircraftunless ithas an appropriate and current airworthiness certificate. • No personmayoperate a civil aircraftunless the airworthiness certificate requiredby paragraph (a) ofthis sectionora special flight authorizationissued under §91.715 is displayed at the cabinor cockpit entrance so that it is legible to passengers orcrew.The UAVs are very light-weight. As such, there is no ability orplaceto carry certification and registration docwnents orto display them on the UAVs. In addition, there is no pilot and there are no passengers onboardthe aircraft. To obtain an equivalent level ofsafety and meet the intent of§91.2036, Ag Techproposes that documents deemed appropriate for this aircraftbythe FAAwill be co-located withthe operator at the ground control stationinthe UAVsbox and available for inspectionuponrequest. 14 C.F.R. SubpartE (91.401- 91.417)- Maintenance, Preventive Maintenance, and Alterations The regulation provides thatthe operator is primarily responsible for maintainingthe aircraft in an airworthy condition, including compliance with Parts 39 and 43. Paragraphs 91.407 and 91.409 require thatthe aircraft be ''approved for return to service by a person authorized under 43.7" after maintenance and inspection. Section 91.409(a)(2) requires an annual inspection for the issuance ofan 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, orlicensedpilots and records ofapproval ofthe aircraft for return to service. Ag Tech proposes that the maintenance ofthe UAVs will be accomplished by the owner/operator according to the maintenance manual. An equivalent level ofsafety will be achieved because the UAVs are small in size, they are not complex mechanical devices, and they will operate only in restricted predetermined areas. 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 ofsafety. Finally, before every flight, the UAVs runs automatically a sequence ofpre-flight tests to make sure that every sensor and every critical part is running properly. Ifa problem is detected, the UAVs will not be used ootil corrected. The operator can then refer to the maintenance manual to troubleshoot this issue. Several parts ofthe UAVs are easily interchangeable (propellers, wings), which allows the operatorto make sure the propulsion systems are always airworthy when a missionis initiated.