Optimized Ag, LLC

617 Yucca Road Elk Horn, Iowa 51531 (712) 764

- 5475 www.optimizedag.com

January 14, 2016

U. S. Department of Transportation Docket Management System 1200 New Jersey Ave., SE Washington, DC 20590

Submitted Electronically via the Federal Docket Management System (FDMS)

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

Dear Madam or Sir:

Pursuant to Section 333 of the FAA Modernization and Reform Act of 2012 (the "Reform Act") and 14 C.F.R. Part 11, Optimized Ag (“Optimized Ag”), an operator of the eBee Unmanned Aircraft System (“eBee”) and of the DJI Phantom 3 Advanced Quadcopter (“Phantom”) seeks an exemption fro m 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) • 14 C.F.R. 91.7(b) • 14 C.F.R. 91.9(b)(2) • 14 C.F.R. 91.109(a)

• 14 C.F.R. 91.119

• 14 C.F.R. 91.121 • 14 C.F.R. 91.151(a) • 14 C.F.R. 91.203(a) & (b) • 14 CFR Subpart E(91.401

- 91.417)

The requested exemption would authorize commercial operations using the eBee for mapping and survey applications and the Phant om for visual inspection of crops and equipment, as well as for filming farming operations for promotional material . These operations will be subject to strict operating requirements defined in the eBee user manual and Phantom user manual (Optimized Ag req uests the FAA treat the eBee training program and Phantom training program as proprietary under 14 C.F.R. 11.35(b) and does not include this document in the public docket) and conditions defined by the Safety Code of the Academy of Model Aeronautics (see A nnex B), in order to ensure at least an equivalent level of safety to currently authorized operations using manned aircrafts.The eBee and Phantom will be operated by an individual who fulfill the following requirements:

• Has successfully passed a m anufacturer's training program for the eBee and Phantom ; Optimized Ag requests the FAA treat the eBee training program and Phantom training program as proprietary under 14 C.F.R. 11.35(b) and does not include this document in the public docket;

• Has a P rivate Pilot license.

1. CHARACTERISTICS OF THE AIRCRAFT S

The eBee is a small (37.8 inches wingspan) and ultra

- light (maximum take

- off weight of 1.7 pounds) platform made of flexible foam that performs pre

- programmed precision aerial mapping missions

t hanks to the on

- board GPS and the related flight management software (eMotion) that allows the operator to plan safely and efficiently a mission in 3D, and then monitor it in real

- time. Thanks to the embedded camera, protected by a foam envelope, the eBee takes a collection of high

- definition still images that ar e used later to generate maps and contour lines of the surveyed area.

The Phantom is also ultra

- light ( less than 3 pounds) and made of plastics and carbon fibered propellers.
It is controlled with hand

- held remote controller and maybe pre

- programmed to fly waypoints.

The four main cha r acteristics of the eBee and Phantom are very similar and are as follows :

a. Very light weight

The eBee is so light that the operator can launch it by hand and let it land on almost any surface without requiring a pa r achute or landing net (belly land). Its low impact energy (38 J in case of a controlled emergency landing) also significantly reduces the risk of hazardous situations. Finally, the wings of the eBee a r e detachable and made of flexible foam with no sharp or hard edges
and almost no in ternal strengthening structure.

Additionally, the Phantom, being a quadcopter is also so that it can take off at a safe distance from people or other objects and does not re quire a parachute or landing net. It is very lightweight.

b. Electric

- powered

The eBee and Phantom is electric powered. A brushless engine technology makes it silent and reliable. The propeller on the eBee is atta ched with a rubber band to the body of the plane so that it can easily flex away in case of contact with any object. The propellers on the Phantom can easily be stopped in the event of contact.

c. Semi

- automatic flightThe artificial intelligence incorporated within the eBee and Phantom autopilot system s

continuously analyzes data from the Inertial Meas urement Unit and from the onboard GPS and
takes car e of all the aspects of the flight under the supervision of the operator.

d. Option for Manual control

Additionally, the eBee and Phanto m provides an override capability that allows the operator to take manual actions during the flight (Go to Home, Go Land, Hold and Resume the mission) and also suspend automated operations and take manual control of the aircraft should it become

necessary to respond emergent circumstances, thanks to the remote controller provided with the system.

2. APPLICATIONS

Optimized Ag intends to use eBee Ag and Phantom to collect imagery of growing crops and empty fields, as well as film and take high definiti on pictures for promotional purposes. Operations will be conducted with the landowner's permission based on contract with grower. The imagery will be collected and analyzed by Optimized Ag and provided to farmer to help dete rmine crop needs and improve far m management and provide promotional material to growers.

Our base of operations is in Elk Horn, Iowa which is in south east Shelby County. Our local ar ea is really close to a couple of wind farms whose turbines reach up to 450 feet in the air. Some of o ur possible clients have turbines on their properties that we will need to be able to avoid. Going ar ound t hem is not always feasible from a logistical and aerial imagery sense. We would like to be able to get above them in these situations. See request be low to fly at 495 feet to avoid land based obstacles.

3. APPLICABLE LEGAL STANDARD UNDER SECTION 333

a. Airworthiness assessment of the eBee

Optimized Ag notes that the airworthiness of the eBee has already been demonstrated for different projects in the United States, involving state/federal agencies or universities (among others the New Mexico State University: https://newscenter.nmsu.edu/Articles/vie w/10208/nmsu

- uas

- fling_ttest

- center

- conducts

ebee

- airworthiness

- assessment, and the USACE New Orleans, who coordinated with the Department of Army and the FAA to obtain all authorizations required in order to operate the eBee UAS).

Moreover, SenseFly obt ained flight approvals for the eBee (delivered by national civil aviation authorities) in many countries, among others:

• Switzerland (flight approval for VLOS operations) • Canada (flight approval for VLOS operations) • Australia (flight approval for VLOS operations) • France (flight approval for Extended

- VLOS operations)• Germany (flight approval for VLOS operations) • United Kingdom (flight approval for VLOS operations) • Norway (flight approval for VLOS operations) • Sweden (flight approval fo r VLOS operations) • Denmark (flight approval for VLOS operations)

The same goes for the Phantom. This request follows many others using similar systems and processes that have been granted previously. This request would not set a precedent and is
compat ible with a Summary Grant of Exemption. All included UA have previously received Summary Grants under one or both of the following exemption authorizations:

1. Exemption No. 11481

– Mr. Lon Santis, 2. Exemption No. 11363 (with Amendment)

- David Ho, and 3. Exemption No. 11263 (with Amendment)

- Mr. Jean

- Christophe Zufferey

These exemptions cite similarity with relief previously requested in Grant of Exemption Nos. 11062, 11109, 11112, and 11213.

b. Operating requirements

Grant of the exemption to OPTIMIZED AG for the eBee and Phantom will be subject to the following operating conditions, based on the o perating conditions set forth by the Academy of Model Aeronautics (see Annex B). The main restrictions are summarized below:

• Operations to be con ducted over private, controlled

- access, or public property where approved; • Permission from the land owner/authority required before commencing any flight; • Operations over congested areas shall be avoided; • Operations must not interfere wit h manned aircraft operations, m ust yield the right of way to manned aircraft , and operators must See & Avoid other aircraft and obstacles at all

times • Operations limited to Visual Flight Rules Meteorological Conditions (VMC) and daylight
hours • Aircraft operat ions must remain within Visual Line of Sight (VLOS) and will be visually monitored at all times; • VLOS guaranteed with a GPS geo

- fence around operator of 0.5 miles • Flight ceiling pre

- programed at 400 feet unless avoiding land based obstacles example

w ind turbine reaching 450 feet in this case ceiling adjust to 495 feet; • All operations conducted within 5 miles from an airport shall only be initiated after verbal Coordination with the airport authority or air traffic control when a control tower is pr esent at the airport; • All operations shall comply with required permissions and permits established by Page 3 of 9 territorial, state, county or city j jurisdictions ; including local law enforcement, fire, or other appropriate governmental agencies.

• The eBee operations will be compliant with existing safety procedures inherent to the activities of the related compa ny.

c. Operator RequirementsThe eBee or Phantom operator will have a Private Pilot license and will successfully have passed a manufacture r's training program for the eBee or Phantom

.

4. CONCLUSION

It was exciting for us when Advanced Aviation Solutions of Idaho received their FAA exemption on January 6, 2014. Pravia, LLC received eBee Ag exemption on February 6 and Viafield received theirs on February 9. They are using the same eBee UAS system that we are requesting for our exemption to use commercially in the Agriculture industry. We are prepared to modify or amend any part of this request to satisfy the need for an equivalent level of safety. We appreciate your offices time and look forward to
work ing with you. Please contact us at any time if you require additional information or clarification.

Our contact information is:

Optimized Ag

Attn: Kirk Andersen
617 Yucca Road Elk Horn, Iowa 51531
Ph: 1

- 712

- 764

- 5475

Fax: 1

- 712

- 764

- 5474
Email: kirk@optimizedag.com

Sincerely,

Kirk Andersen, manager

Appendices: A. Exemption Request and Equivalent Level of Safety B. Academy of Model Aeronautics Safety Requirements C. Privacy issues

- Proprietary D. Safety Case

- Proprietary
E. Maintenance Procedures

- Proprietary
F. User Manual

- Proprietary G. Training P rogram

– ProprietaryANNEX A: EXEMPTION REQUEST AND EQUIVALENT LEVEL OF SAFETY SHOWINGS UNDER APPLICABLE

RULE S SUBJECT TO EXEMPTION

Optimized Ag requests an exemption from the following regulations as well as any additional regulations that may technically apply to the operation of the eBee or Phantom :

14 C.F.R. Part 21, Subpart H: Airworthiness Certificates 14 CFR § 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 eBee or Phantom

, it’s 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 o rder 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 a nalysis of these different criteria demo nstrates that the eBee or Phantom 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

assessm ent for operations with the eBee or Phantom , which demonstrates that assertion, is also being submitted to the FAA as part of this application. Optimized Ag requests the FAA treat the eBee and
Phantom risk assessment as proprietary under 14 C.F.R. 11.35(b) and not include this document in the public docket.

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 inche s 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 eBee
and Phantom , this requirement is impossible to match.

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 s erve 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 ai rcraft 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. Subpa ragraph (b) allows a private pilot to act as pilot in comman d of an airc raft in connection with any business or employment if:

( a ) The flight is only incidental to that business or employment; ( b ) The aircraft does not carry passengers or property for compensation or h ire.

Given the safety features of the eBee and Phantom and the fact that the missions are pre

programmed and monitored in real

- time with a specific flig ht management software

, SenseFly and DJI proposes that operators of the eBee or Phantom should not be required to hold a commercial pilot certification. Instead, operators should be required to:

(2) Have a private pilot license a nd have successfully passed a m anufacturer's training program
for the eBee or Phantom

. (3) Possess a me dical card or current driver’s license

14 C.F.R. § 91 .7(a): Civil aircraft air wor thiness

This regulation requires that no person may operate a civil aircraft unless it is in airworthy condition. Should the exemption be granted allowing commercial opera tion of the eBee or Phantom without an airworthiness certificate, no standard will exist for airworthiness of the eBee or Phantom . Given the size of the aircraft and the previous airworthiness assessments given to the eBee, among others:

• New Mexico Sta te University: https://newscenter.nmsu.edu/Articles/view/ 10208/nmsuuas

- flight

test

- center

- conducts

- ebee

- airworthiness

- assessment • USACE New Orleans, who coordinated with the Department of Army and the FAA to obtain all authorizations required in order t o operate the eBee UAS for levee system monitoring, documentation of construction progress, and extensive oblique photography of USACE structures & activities

As for the Phantom, previously received Summary Grants of the following exemption authorization s:

1. Exemption No. 11481

– Mr. Lon Santis, 2. Exemption No. 11363 (with Amendment)

- David Ho, and 3. Exemption No. 11263 (with Amendment)

- Mr. Jean

- Christophe Zufferey

An equivalent level of safety will be achieved by insuring compliance with the SenseFly and DJI manuals prior to each flight.

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

This regulation provides that no person may operate an aircraft unless a current, approved flight manual
is in the aircra ft. Optimized Ag assumes that the intent of this requirement is to ensure that flight manual information is available to the aircrew while operating the aircraft. Optimized Ag requests an exemption to this requirement s ince these aircraft are not only too small to carry documentation, the documentation would not be available to the crew. The equivalent level of safety will be achieved by keepi ng a hard copy of the manual in the corresponding transportation box.14 C.F.R. § 91.109(a) & 91.319(a) (1): Fligh t Instruction

The regulation provides that "No person may operate a civil aircr aft that is being used for flig ht instruction unless that aircraft has fully functioning dual con trols." Flight instruction will be accomplished through an elaborated training program, using first the simulation mode of the fl ight management software . The equivalent level of safety during the training will be achieved by the
manufacturer or authorized dis tributor providing the training and through the use of experienced and

qua lified operators familiar with the eBee or Phantom

.

14 CFR § 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. Si nce the aircraft will be operating at a maximum of 400 feet AGL, the eBee or Phantom cannot comply with this requirement. The equivalent level of safety
will be achieved because the eBee or Phantom 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 eBee or Phantom to go beyond the flight area. The landowner and the pers ons 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 eBee or Phantom
and the material with which the eBee or Phantom 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 aircra ft will not be operated over congested areas nor over any open

- air assembly of

pers ons. The aircraft will be operated at an altitude allowing, if a power unit fails, an emergency landing
without un due hazard to persons or propert y on the surface.

14 CFR 91.121

— Altimeter settings

This section requires that each person operating an air craft 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 10 0 nautical
miles of the aircraf t; • 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 w ith a radio, the elevation of the departure airport or an appropriate altimeter setting available before departure.

To provide an equivalent level of safety, the eBee or Phantom autopilot calculates the reference altitude (ground level) with the on

- board GPS during the pre

- flight 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 bar ometer. Hence, barometric bias induced by environmental factors is rejected.

14 C.F.R. § 91.151(a): Fuel Requirements for Flight in VFR ConditionsThe 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 eBee or Phantom

, Optimized Ag believes that an equivalent level of safety is already achieved with the specific procedure preventing the eBee or Phantom to accept a take

off order is the battery level is below a given value. Moreover, SenseFly and DJI has integrated "low" and "critical" battery l evel warnings and implemented a return to Home" (and "Go Land") actions i n these

situations.

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

This regulation provides as follow s:

• 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 a uthorization issued under §91.715 is displayed at the cabin or cockpit entrance so that it is legible to passengers or crew.

The eBee or Phantom weighs less than 3 pounds . As such, there is no ability or place to carry certification and registration docu ments or to display them on the UAS. In addition, there is no pilot or

p assengers on board the aircraft.

To obtain an equivalent level of safety and meet the intent of 91.203, OPTIMIZED AG propose that documents deemed appropriate for this aircraft by the FAA will be co

- located with the operator at the ground control station in the corresponding eBee or Phantom box and available for inspection upon
request

14 CFR Subpart E(91.401

- 91.4 17)

- 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) requir es the owner or operator to keep records showing certain maintenance work that has been accomplished by certificated mechanics, under Part 43, or licensed pilots and records of approval of the aircraft for return to service.

Optimized Ag proposes that th e maintenance of the eBee or Phantom will be accomplished by the owner/operator according to the maintenance manual, provided by SenseFly or DJI

. Optimized Ag requests the FAA treat the eBee or Phantom training program as proprietary under 14 C.F.R. 11.35( b) and not include this document in the public docket.

An equivalent level of safety will be achieved because the eBee or Phantom is small in size, it is not a complex mechanical device, it will carry no external payload, and it will operate only in rest ricted predetermined areas. Moreover, the operator is the person most familiar with the aircraft and is bestsuited to maintain the aircraft in an airworthy condition and to ensure an equivalent level of safety.

Finally, before every flight, the eBee or Ph antom 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

eBee or Phantom will not be able to be switched

- on and a message error is displayed on the mai n screen of the flight management software. The operator can then refer to the maintenance manual to troubleshoot this issue. Several parts of the eBee or Phantom are easily interchangeable (propellers, wings), which allows the operator to make sure the wi ngs and propulsion system are always airworthy
when a mission is initiated.ANNEX B: ACADEMY OF M ODEL AERONAUTICS SAFETY REQUIREMENTS

http:// www.modelaircraft.org/files/ 105.pdf http://www.modelaircraft. org /f iles/540

- D.pdf http://www.modelaircraft.org /files/560.pdf