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 of Ag Tech Enterprises, Inc. under Section 

333 of the FAA Modernization and Reform Act of 2012 and 14 C.F.R. Part 11 to allow commercial 

operations of unmanned aircraft for precision aerial survey. 

We here at Ag Tech request that you consider this request for summary grant based up on the 

company's existing 333 exemption (Exemption No. 11573; Regulatory Docket No. FAA-2015-0351) for 

use of a similar aircraft, and also based upon the exemptions that have already been granted regarding 

the make and model of aircraft presently at issue. 

Should you or your staff have any questions, please contact the undersigned. Thank you for your time 

and consideration. 

Jon Tull, CEO 

Enclosures 
June 12,2015 

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 Madam, Sir, 

Pursuant to Section 333 of the FAA Modernization and Reform Act of2012 (the "Reform Act") 

and 14 C.F.R. Part 11, Ag Tech Enterprises, Inc. ("Ag Tech") an operator of the DJI Inspire 1, 

DJI Phantom 2, and Dll Phantom 3 (collectively, the "UAVs") seeks an exemption from the 

Federal Aviation Regulations ("FARs") listed below: 

• 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 CFR Subpart E (91.40 1 - 91.417) 

The requested exemption would authorize commercial operations using the U A V s for mapping 

and survey applications, including real estate photography and precision agriculture. These 

operations will be subject to strict operating requirements and conditions defined in the 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 of transmitting 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 of the flight. The Inspire is 22 in x 22 in x 8 in and weighs 6.4 pounds, and the 

Phantom 2 is lighter at 2.2 pounds. 14 in x 14 in x 6 in. All are well under the 55 lbs mandated in 

the FMRA. The Inspire has a maximum cruising speed of 42 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 of 2.1 km and operating in the 2.420 -

2.483 GHz frequency range, 

2, APPLICATIONS 

Ag Tech intends to use the UAVs to collect aerial data for 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 of the 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 better management decisions through software that identifies disease and insects, 

nutrient deficiencies, and materials for increasing yields with fewer resources. 

Operations wlder 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. 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 of the 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 of any other aircraft 

will require a new petition or a petition to amend this exemption. 

• 2. Operations for the purpose of closed-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 of no more than 400 feet above ground level 
(AGL). Altitude must be reported in feet AGL. 

• 5. The UA must be operated within visual line of sight (VLOS) of the 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 of sight (VLOS) of the PIC and VO at all times. The VO may be used to 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 of the flight. The PIC must ensure 

that the VO can perform the duties required of the VO. 

• 7. This exemption and all documents needed to operate the U AS 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. If a 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 if it petitions for extension or amendment to this grant of exemption. If the 

operator determines that any update or revision would affect the basis upon which the 

FAA granted this exemption, then the operator must petition for an amendment to its grant 

of exemption. The FAA's UAS Integration Office (AFS-80) may be contacted if questions 

arise regarding updates or revisions 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 not pose 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. If the inspection 

reveals a condition that affects the safe operation of the UAS, the aircraft is prohibited 

from operating until the necessary maintenance has been performed and the UAS is found 

to be in a condition for 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 of exemption, a PIC must hold 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, a possession, or the Federal government. The PIC must 

also meet the flight review requirements specified in 14 CFR § 61.56 in an aircraft in 

which the PIC is rated on his or her pilot 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 of this 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 UA may not operate within 5 nautical miles of an airport reference point (ARP) as 

denoted in the current FAA Airport/Facility Directory (AFD) or for airports not denoted 

with an ARP, the center of the airport symbol as denoted on the current FAA- published 

aeronautical chart, unless a letter of agreement with that airport's management is obtained 

or otherwise permitted by a COA issued to the exemption holder. The letter of agreement 

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 or when visibility is less than 3 statute miles from the PIC. 

• 18. If the UAS loses communications or loses its GPS signal, the UA must return to a predetermined location within the private or controlled-access property. 

• 19. The PIC must abort the flight in the event of tmpredicted 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 

recommended by the manufacturer if greater. 

• 21. Air Traffic Organization (ATO) Certificate of Waiver or Authorization (COA). All 

operations shall be conducted in accordance with an A TO-issued COA. The exemption 
holder may apply for a new or amended COA if it intends to conduct operations that 

cannot be conducted under the terms of the 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 as practicable . 

• 

• 23. Documents used by the operator to ensure the safe operation and flight of the 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 may not be operated by the PIC from any moving device or vehicle. 

• 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 of the UA, flight 

operations must cease immediately in a manner ensuring the safety of nonparticipating 

persons; and 

• b. The owner/controller of any vessels, vehicles or structures has granted permission for 

operating closer to those objects and the PIC has made a safety assessment of the risk of 

operating closer to those objects and detennined that it does not present an undue 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 of the 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 of the criteria provided in Section 333 of the Reform Act of 2012 - size, weight, 

speed, operating capabilities, proximity to airports and populated areas, and operation within 

visual line of sight and national security- provide more than adequate justification for the grant of 

the requested exemptions allowing commercial operation of applicant's UAVs for the Purposes 
outlined herein and are consistent with exemptions already granted. 

Ag Tech respectfully 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 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 requirement for the safe operation of such 

aircraft systems in the national airspace system." 

Jon Tull, CEO 

Ag Tech Enterprises, Inc. 

ANNEX A: EXEMPTION REQUEST AND EQillV ALENT LEVEL OF SAFETY 

SHOWINGS UNDER APPLICABLE RULES SUBJECT TO EXEMPTION 

Ag Tech requests an exemption from the following regulations as well as any additional 

regulations that may technically apply to the operation of the UAVs: 

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

14 C.F.R § 91.203(a)(1) 

Section 91.203 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). Given the size of the UAVs, they are 

very light weight 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 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 

consideration of the size, weight, speed, operational capability, and proximity to airports and 

populated areas of the UAS involved. An analysis of these different criteria demonstrates that the 

U A V s 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 submitted to the FAA as part of this application. 

14 C.F.R. § 45.23 & 14 C.F.R. § 45.29: Display of marks; size of marks 

These regulations provide that each aircraft must display "N" and the aircraft's registration 

number in letters at least 3 inches high. Additionally, the aircraft must display the word 

"EXPERIMENTAL" in letters at least 2 inches high near the entrance to the cabin, cockpit, or 

pilot station. 
Given the size of the UAVs, compliance with this 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): Private Pilot Privileges and Limitations; Pilot in 

Command; Commercial Pilot Privileges and Limitations 

The regulation provides that no person may serve as a required pilot flight crewmember of a civil 

aircraft of the United States, unless that person: 

(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 country may be used. 

The regulation provides also that no person that holds a private pilot certificate may act as pilot in 

command of an aircraft for compensation or hire. Subparagraph (b) allows a private pilot to act as 

pilot in command of an aircraft in connection with any business or employment if: 

(1) The flight is only incidental to that business or employment; 

(2) The aircraft does not carry passengers or property for compensation or hire. 

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 of the UAVs without 

an airworthiness certificate, no standard will exist for airworthiness of the UA Vs. Given the size 

of the aircraft and the previous airworthiness assessments given to the UA Vs, among others. 

An equivalent level of safety will be achieved by insuring compliance with the UA V manuals 

prior to each flight. 

14 C.F.R. § 91.9: Civil aircraft flight manual, marking, and placard requirements. 

This regulation provides that no person may operate an aircraft unless a current, approved flight 

manual is in the aircraft. Ag Tech assumes that the intent of this requirement is to ensure that 

flight manual infonnation is available to the aircrew while operating the aircraft. Ag Tech 

requests an exemption to this requirement since the aircraft is not only too small to carry 

docwnentation, the documentation would not be available to the crew. 

The equivalent level of safety will be achieved by keeping a hard copy of the flight manual in the 

UAVs transportation 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 of 400 feet AGL, the UAVs cannot comply with this requirement. 

The equivalent level of safety will be achieved because the UAVs will only fly over private 
property with the permission of the landowner. The operator will define before every flight a 

working area radius and a flight area ceiling, preventing the UAVs to go beyond the flight area. 

The landowner and the persons who may be on the ground in the flight area will be briefed of the 

expected route of flight and the associated risks to persons and property on the ground. Due to the 

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 without undue hazard to persons or property on the surface. 

14 C.F.R. 91.121- Altimeter settings 

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

flight level of the 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)(l)(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. 

To provide an equivalent level of safety, the UAVs autopilot calculates the reference altitude 

(ground level) with the on-board GPS during the preflight tests. The GPS and barometer data are 

merged with respect to their respective precisions. The GPS provides reliable information to 

correct potential barometric bias, while rapid variations in altitude are detected through the 

barometer. Hence, barometric bias induced by environmental factors is rejected. 

14 C.F.R. § 91.151(a): 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 the area of operation for the UAVs, Ag Tech believes that an equivalent level of safety is 

already achieved with the 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): Carrying Civil Aircraft Certification and Registration 

This regulation provides as follows: 

• No person may operate a civil aircraft unless it has an appropriate and current 

airworthiness certificate. 

• 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 UAVs are very light-weight. As such, there is no ability or place to carry certification and 

registration docwnents or to display them on the UAVs. In addition, there is no pilot and there 

are no passengers on board the aircraft. 

To obtain an equivalent level of safety and meet the intent of §91.2036, Ag Tech proposes that 

documents deemed appropriate for this aircraft by the FAA will be co-located with the operator at 

the ground control station in the UAVs box and available for inspection upon request. 

14 C.F.R. Subpart E (91.401- 91.417)- Maintenance, Preventive Maintenance, and 

Alterations 

The regulation provides that the operator is primarily responsible for maintaining the aircraft in an 

airworthy condition, including compliance with Parts 39 and 43. Paragraphs 91.407 and 91.409 

require that the 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 

of an airworthiness certificate. Section 91.417( a) requires the owner or operator to keep records 

showing certain maintenance work that has been accomplished by certificated mechanics, under 

Part 4 3, or licensed pilots and records of approval of the aircraft for return to service. 

Ag Tech proposes that the maintenance of the UAVs will be accomplished by the owner/operator 

according to the maintenance manual. 

An equivalent level of safety 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 of safety. Finally, before 

every flight, the UAVs runs automatically a sequence of pre-flight tests to make sure that every 

sensor and every critical part is running properly. If a 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 of the UAVs are easily interchangeable (propellers, wings), which allows the 

operator to make sure the propulsion systems are always airworthy when a mission is initiated.