PETITION FOR EXEMPTI ON UNDER SECTION 333 BY LEGG SEEDS

1 Legg Seeds, LLC Stephen Legg, Manager 3136E 500N Windfall, IN 46076
March 10 , 2016
U S Department of Transportation, Docket Operations West Building Ground Floor, Room w12
- 140 1200 New Jersey Ave, SE Washington, DC 20590
Dear Sir or Madam: Pursuant to Section 333 of the FAA Modernization and Reform Act of 2012 (the “ Reform Act") and 1 4 C.F.R P ar t 11, Legg Seeds, LLC (L S ) seeks an exemption from Federal Aviation Regulations ( FARs) detailed below for the Pacesetter Unmanned Aircraft System (UAS) m anufactured by Precision Drone ( http://www.precisiondrone.com/). The requested exemption would support an application for a commercial Certificate of Authorization to operate an unmanned aircraft system to collect aerial data to support agriculture. The Pacesetter system consists of a lightweight battery operated aircraft (weighing 6.2 pounds) , a personal computer based ground control station, and associated communications equipment. The unmanned aircraft carries an onboard geo - referenced still camera that allows it to conduct precision photogrammetry and crop scouting at the resolutions necessary for precision agriculture. This high resol ution imagery can direct variable seeding rates as well as the precisePETITION FOR EXEMPTI ON UNDER SECTION 333 BY LEGG SEEDS

2 application of fertilizer an d chemicals, reducing their use, which is a favorable environmental outcome. D ata obtained by this UAS will help farmers to isolate and remove potential yie ld restraints while also decreasing their input costs. Simply put, the system will be a tool to assist growers in the manage ment of their crops with the latest available technology ( measuring photosynthesis efficiency)

. By approving these exemptions, the FAA will c reate an economic benefit to those engaged in food and grain production in addition to the general health of the environment. Use of UAS in this process holds a cost advantage, as well as a functional edge over other methodologies currently in the marketplace (primaril y manned aerial aircraft or la nd based equipment). The aircraft will be operated in the field with both a Pilot in Command (PIC) and a ground based Visual Observer (VO) in accordance with FAA Policy N 8900.227 Section 14 “ Operation al Requirements for UAS" with the following restrictions:

• All operations will occur in C lass G airspace at no more than 400' AGL
• Operations will be over private property , primarily farm fields, with the permission of the land owner or farm operator / controller or authorized representative
• Permission for operations (stated above) will be obtained for each flight
• All required permits will be obtained from state and local government prior to operation
• The aircraft WILL NOT be operated : o over urban or populated areas o at air shows o over open - air assembly of humans o over heavily traveled roads o within 5 N autical M iles (NM) of an airport or heliport
• Operations will be limited to daytime hours in visual meteorological conditions
• The aircraft will remain clear of and give way to all manned aviation operations and activities at all times.PETITION FOR EXEMPTI ON UNDER SECTION 333 BY LEGG SEEDS

3 • Aircraft will remain within visual l ine of sight at no greater than one
half NM of the PIC
• While the aircraft is airborne, the VO will be positioned within voice distance of the PIC The PIC and VO will meet the requirements outlined in FAA Policy N 8900.227 Section 16 Personnel Qualifications. Zach Huff will be acting as PIC of this aircraft. Mr. Huff possess es a n FAA issued Pilot L icense (cert # 3487908) a nd has logged more than 121 hours of flight time . The PIC and VO will also perform maintenance on the system and will complete a course of maintenance/operational instruction as part of their initial training. LS will purchase the Precision Drone unmanned aerial system t hrough Ag Technologies, Inc. (who is acting as the UAS sales & sup port team and technical advisor & trainer in conjunction with Precision Drone )

. LS will utilize the system on their own acreage in addition to providing services under contra ct to other farmers for the purposes described in this application. We believe that the combination of the aircraft's light weight, previously demonstrated flight performance, fully qualified flight crew, operations over rural agriculture areas, and strict operation under the guidelines established in 8900.227, the FAA can have full confidence that the operation will have an equivalent or greater level of safety of manned aircraft performing the same mission. The name and contact information of the applicant is: Legg Seeds, LLC Attn: Steve Legg (Manager) or Monty Henderson (Ass istant GM acting as the designated a dministrative person overseeing this project) Phone: 765.945.7919 Em ail: steve.legg@leggseeds.com or monty.henderson@leggseeds.com L egg S eeds, LLC is wholly owned by Legg Hillcrest Farms, Inc., an American C C orporation chartered in Indiana with no foreign ownership.PETITION FOR EXEMPTI ON UNDER SECTION 333 BY LEGG SEEDS

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

• 14 CFR Part 21
• 14 CFR 91.203
• 14 CFR 45.23, 45.29
• 14 CFR 91.9
• 14 CFR 61.133
• 14 CFR 91.119
• 14 CFR 91.121, 91.151
• 14 CFR Subpart E (91.401
- 91.417)
• FAA Policy 8900.227 Paragraph 16(c)(4) and Paragraph 16(e)(1) In our review of similar successful applicants that have petitioned for Exemption under Section 333 , we observe that the FAA has found UAS operations dedicated to gather aerial data for purposes such as our intent to be in the good of the public interest because there are minimal risks associated, specifically:

 No airborne passengers or crew  No flammable fuel  Lightweight aircraft (6.2#) In addition, we believe that there are measurable public benefits, includ ing a more efficient agricultural economy and a healthier environment due to the precise applications of agricultural inputs. Legg Seeds, LLC is willing to modify or amend this application to satisfy the FAA / US Department of Transportation. Please do not hesitate to contact us with any questions or concerns. Sincerely, 

## Stephen Legg, ManagerPETITION FOR EXEMPTI ON UNDER SECTION 333 BY LEGG SEEDS

5 APPENDICES: A. Exemption Request and Equivalent Level of Safety

– page 6 B. Aircraft Description, Safety Fe atures, & Operation

– page 11 C. PIC & VO Qualifications

– page 12 D. Make & Model of Aircraft , Aircraft F eatures
– page 13PETITION FOR EXEMPTI ON UNDER SECTION 333 BY LEGG SEEDS

6 Appendix A EXEMPTION REQUESTS AND EQUIVALENT LEVEL OF SAFETY Legg Seeds, LLC (LS ) requests an exemption from the following regulations as well as any additional regulations that may technically apply to the operation of the Precision Drone Pacesetter: **14 CFR Part 21, Subpart H: A irw** **orthiness Certificates** This part establishes the pro cedures for the issuance of an airworthiness certificate. While the FAA continues to work to develop airworthiness standards for UAS, we request an experimental certificate be issued for the Precision Drone Pacesetter under either or both of the following provisions: 21.191 EXPERIMENTAL CERTIFICATES Experimental certificates are issued for the following purposes: (a) Research and Development. Testing new aircraft design concepts, new aircraft equipment, new aircraft installations, new aircraft operating techniques, or new uses for aircraft (b) Showing compliance with Regulations. Conducting flight tests and other operations to show compliance with their airworthiness regulations including flights to show compliance for issuance of type and supplemental t ype certificates, flight to substantiate major design changes, and flight to show compliance with the function and reliability requirements of the regulations. Since the experimental certificate can be used for commercial purposes such as market surveys, sales demonstrations, and customer crew training, we would expect that an experimental certificate would permit our commercial purpose of precision agriculture a s well. The aircraft will not carry persons or property, will not carry fuel, and will only fly under strict operational requirements. Combined with the fact that the aircraft weighs only 6.2 pounds we propose that the Pacesetter will be at least as safe, if not safer, than a conventionally certified aircraft performing the same mission. If an experimental airworthiness certificate isPETITION FOR EXEMPTI ON UNDER SECTION 333 BY LEGG SEEDS

7 not appropriate for this application, then we request an exemption of 14 CFR Part 21, Subpart H, and the requirements for a irworthiness certificate in general. **14 CFR 91.203(a) & (b) Civil A ircraft; Certifications Required**  The regulation provides that an airworthiness certificate, with the registration number assigned to the aircraft and a registration certificate must be ab oard the aircraft. Additionally, subparagraph (b) provides that the airworthiness certificate be displayed at the cabin or cockpit entrance so that it is legible to passengers or crew. At 6.2 pounds the Pacesetter is too small to carry documentation, does not have an entrance to cockpit, and is not capable of carrying passengers or crew. To obtain an equivalent level of safety and meet the intent of 91.203, we propose that those documents deemed appropriate for this aircraft by the FAA be located with the crew at the ground master command station and immediately available at all times upon request. In order to identify the aircraft, we propose that the information found on airworthiness and registration certificates be permanently affixed to the aircraft vi a a placard or sticker with the following information:

• Manufacturer
• Model
• Serial Number
• Tail Number
• Registered to ... • Registrants Address
• If found

. Please Call

... • We would also be willing to add any additional information to this placard that the FAA might req uire. **14 CFR 45.23 Display**

**of Marks; general and 45.29 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. The 6.2
- pound Pacesetter is not large enough to meet this size of markings. We propose the word 'EXPERIMENTAL' the 'N' number of the aircraft bePETITION FOR EXEMPTI ON UNDER SECTION 333 BY LEGG SEEDS

8 dis played on both the top and the bottom of the aircraft in 1 inch letters. It is our belief that this lettering along with the placard discussed in the previous paragraph will provide all of the necessary information for the aircraft Additionally, if the FA

A deems necessary, we are willing to display signage at our ground master command station designating it as such. This signage will be in bright 6 inch letters or larger. This will allow anyone that observes the aircraft and chooses to inquire as to where its point of origin is can do so. **14 CFR 91.9 Civil A ircraft 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. We request an exemption to this requirement since the aircraft is not manned and is too small to carry documentation. To obtain an equivalent level of safety and meet the intent of 91.9, we propose that a current Aircraft Flight Manual (appendix D) be present and available to the crew at the ground master command station anytime the aircraft is in, or preparing for, flight. **14 CFR 61 .133 Commercial Pilot Privileges and Limitations**  This regulation provides that the person who holds a commercial pilot certificate may act as pilot in command of an aircraft for compensation or hire provided the person is qualified in accordance with the applicable parts of this chapter that apply to the operation, and that we have engaged a qualified person to fill this vital role, thus we propose that we will meet the requirements of this regulation. **14 CFR 91.119 Minimum Safe A ltitudes: 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. Since we will be operating the aircraft at a maximum altitude of 400' AGL, we cannot comply with this requirement. To provide an equivalent level of saf ety we will only operate the aircraft over private property with the permission of the land owner. The land owner will be briefed of the expected route of flight and the associated risks to persons and property on the ground. We maintain that due to the sm all sizePETITION FOR EXEMPTI ON UNDER SECTION 333 BY LEGG SEEDS

9 of the Pacesetter, the hazard to persons, vessels, vehicles, and structures is not comparable to manned aircraft and should be considered in granting the exemption to this regulation. The aircraft will not be operated over congested areas nor ove r any open air assembly of persons. The aircraft will be operated at an altitude allowing, if a power unit fails, an emergency landing can be made without undue hazard to persons or property on the surface. **14 CFR 91.121 A ltimeter Settings**  This regulatio n provides that aircraft shall maintain cruising altitudes by reference to an altimeter setting available within 100 nautical miles of the aircraft. Our aircraft will fly below 400' AGL and will not need to maintain hemispherical cruising altitudes in orde r to de
-conflict with other aircraft. To provide an equivalent level of safety, we will set the altimeter to our aircraft to 0' AGL on the ground prior to every flight to ensure we can accurately ensure that the aircraft stays below 400' AGL at all times. Even if there were rapid changes in barometric pressure, it would have little effect on our operation since the aircraft stays airborne for only 30 minutes or less at a time. **14 CFR 91.151 Fuel Requirements for Flight in VFR Conditions** This 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 thereafter for at least 30 minutes. The Pacesetter is a battery operated aircraft and the maximum duration of a flight with two fully charged batteries is 30 minutes. Additionally, since the aircraft will never fly more than 0.5 NM from point of launch, we feel that we would have adequate reserve “ power'' to make a safe landing at intended land ing site. We request an exemption from this regulation. **14 CFR Subpart E (91.401 -**  **91.417) Maintenance, Preventative Maintenance, and A** **lterations** This regulation provides that the operator is primarily responsible for maintaining the aircraft in an airworthy condition, including compliance with part 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. It is our intention that the PIC performPETITION FOR EXEMPTI ON UNDER SECTION 333 BY LEGG SEEDS

10 maintenance and inspection of the aircraft and be the 'authorized person to approve the aircraft for return to service.’ T he PIC will ensure the aircraft is in airworthy condition by conducting a pre and post flight inspection after every single flight. Any maintenance performed by the PIC will be limited to repairing small cracks, replacing a propeller, tightening wire connections, and updating software and firmware. All other maintenance and repairs will be performed by the manufacturer. The PIC will do cument work performed in accordance with 91.417. We feel that due to the size, weight, and simplicity of the aircraft, the PIC can ensure an equivalent level of safety prior to launching the aircraft on each flight. **8900.227 Paragraph 16 (c)(4) PIC Medica l & Paragraph 16 (e)(1)**  **Observer Medical** This policy provides that both the PIC and VO must have a valid FAA issued second class medical certificate under part 67 in order act as PIC or VO. We feel requiring both crew members that are operating a 6.2
- poun d aircraft at less than 400' AGL meet the same medical requirements as a commercial pilot carrying passengers in a large manned aircraft are unnecessary. We propose that the PIC will have and maintain a valid FAA issued second class medical, but that the medical requirements for the VO be lessened to having vision corrected to 20/20 and a valid, state issued driver's license. We feel that if the VO is medically licensed to operate a vehicle on the road they then have the medical capability to perform their duties as a VO and assist the PIC with identifying and avoiding other air traffic. In the very unlikely event that both the PIC and VO become medically incapacitated while the aircraft is in flight, the Pacesetter has a failsafe program t hat when battery levels reach 30% the aircraft autonomously returns to home point and land without any crew inputs.PETITION FOR EXEMPTI ON UNDER SECTION 333 BY LEGG SEEDS

11 Appendix B AIRCRAFT GENERAL DESCRIPTION, SAFETY FEATURES, & OPERATION **General Description** The Precision Drone Pacesetter is a remotely controlled hexacopter that is capable of both manual and autonomous flight and weighs only 6.2 pounds. It will only be operated when sufficient GPS signal is available. More detailed data is included in the specification information in Appendix D. **Safety Features**  There are a number of safety features programmed into the aircraft that will be utilized on every flight. For example:

• If GPS signal is lost the aircraft wil l return to home point and land
• If signal from the transmitter is lost the aircraft will return to home point and land
• If battery power reaches 30% , the aircraft wil l return to home point and land **Intended Operations** This aircraft will be utilized by our company for the purpose of crop scouting and precision agriculture. The use of this aircraft in this industry is intended to allow growers to maximize yields to continue to feed a growing global population. In servicing this industry, the aircraft will only be used in private rural agriculture settings once requested by the grower and granted permission by the grower. As mentioned previously, operating in areas such as this will allow Legg Seed s to eliminate public concern for (1) operating over urban or heavily populated areas and (2) personal privacy as our operations are committed to flying over product ion agricultural farmland.PETITION FOR EXEMPTI ON UNDER SECTION 333 BY LEGG SEEDS

12 Appendix C
PIC & VO QUALIFICATIONS **PIC Qualifications** The qualifications of our PIC, Zach Huff

.
• Private P ilot L icense  Single Engine Land
• Logged 121.4 flight hours If Mr. Huff is not avail able to be our PIC, we will engage another person who has the required skill set as described: “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 Columbia, Puerto Rico, a territory, a possession, or the Federal government. ” **VO Qualifications** We propose that the minimum medical requirements be vision corrected to 20/20 and a valid, state issued driver's license. Due to the size and weight of the aircraft, the greatest hazard of our proposed operation will be driving on roadways to the launch site. A licensed driver is medically qualified to operate a much larger vehicle. The 20/20 vision requireme nt will ensure that the VO can see and avoid air traffic. Given the unlikely event that both the PIC and VO become medically incapacitated while the aircraft is in flight, the Pacesetter Precision Drone aircraft will return to home point and land without crew intervention. **Statement of Professional Integrity** Legg Seeds will also be proactive in reporting any and all observed operations that are not in compliance with the current safety re quirements. LS , along with their employees and professional associates, desire to do their part in assisting with the successful transition of safely incorporating UAS into our NAS.PETITION FOR EXEMPTI ON UNDER SECTION 333 BY LEGG SEEDS

13 Appendix D Make & Model of Aircraft , Aircraft F eatures **Ai rcraft Details**  Preci sion Drone Pacesetter Model Web link: http://www.precisiondrone.com/product
- list/pacesetter/
**Ai rcraft**  **features**

 Precision VisionTM & Live Feed

o Composite videos show vegetative crop health

o Real
-time live feed recorded and streamed to the ground

o 1080p high
-def video quality / 11mp photo quality

 Remains Stable Even in Strong Winds

o Holds GPS location and proper flight orientation

 Failsafe Return Home Feature

o If controller communication fails, d rone will safely return home to the original take off location.

 GIS Map integration

o Using Google 3D maps

o Ability to fly without internet or Wi
-Fi

 Flight Status Monitoring

o GPS location on map

o Throttle/Speed

o Battery Level

o Directional heading

o Altitude

o PitchPETITION FOR EXEMPTI ON UNDER SECTION 333 BY LEGG SEEDS

14  Preplanned Scouting Route

o Designate multiple scouting locations in your route

o Save scouting routes for future use

o Ability to preset altitude, latitude/longitude and hover time for each scouting location

 Flight Simulation Mode

o Test your planned scouting routes

o Includes failsafe error detection and correction