BradleyPufpaff T: 

### +1 850 225-3903 bpufpaff@starkds.com

December 18,2014 U.S. DepartmentofTransportation DocketManagement System 1200NewJersey Ave., SE Washington, DC 20590

Re: ExemptionRequest Section 333 oftheFAAReformActandPart 11 ofthe FederalAviation Regulations from 14 C.P.R. 45.23(b); 14 CFRPart21; 14 CFR 61.113 (a) & (b); 91.7 (a); 91.9(b) (2); 91.103 (b); 91.109; 91.119; 91.121; 91.151 (a); 91.203(a) & (b); 91.407(a) (1); 91.409 (a) (2); 91.417 (a) & (b)

DearSirorMadam: Pursuantto Section 333 ofthe FAAModernization andReformActof2012 (the ReformAct) and 14 C.P.R. Part 11, StarkAerospace Inc, developer and operator ofsmallUnmanned Aircraft Systems ("sUAS") equippedtoconduct aerialphotography and 3dmapping forthe Agricultural Industry tohelpFarmers intheUS gethigheryield ontheirproducts and to help prevent contamination offarmlands ifthere was a manned aircraft accident, hereby applies for anexemption from the listedFederalAviation Regulations ("PARs") to allow commercial operation ofits sUASs, so long as such operations are conducted within andunderthe conditions outlinedherein oras maybe establishedbytheFAA as requiredby Section 333. As describedmore fully below, therequested exemption wouldpermitthe operation ofsmall Unmanned andrelativelyinexpensive sUAS undercontrolledconditions in airspace thatis 1) limited 2) predetermined 3) controlled as to access and4) wouldprovide safety enhancementstothe already safe operations intheAgricultural and Oil and Gas Industrypresently using conventional aircraft. Approval ofthis exemption wouldthereby enhance safety andfulfill the Secretary ofTransportation's (the FAAAdministrator's)responsibilities to"

...establishrequirements for the safe operation ofsuch aircraft systems inthe national airspace system." Thename and address ofthe applicant is: StarkAerospace Inc

- StarkDefense Services Attn: BradleyPufPaff Ph: 850-225-3903 Email: bpufpaff@starkds.com Address: 319 CharleighD. Ford, Jr. Drive, Columbus, MS 39701



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### The conditions proposedbythe applicant are drawn from order 8900.1 CHG0 Regulations from which the exemptionisrequired 14 CFRPart 21 14 C.P.R. 45.23(b) 14 CFR 61.113 (a) & (b) 14 C.P.R. 91.7 (a) 14 CFR91.9 (b) (2) 14 C.P.R. 91.103 14 C.P.R. 91.109 14 C.P.R. 91.119 14 C.P.R. 91.121 14 CFR91.151 (a) 14 CFR91.203 (a) & (b) 14 CFR91.405 (a) 14 CFR407 (a) (1) 14 CFR409 (a) (2) 14 CFR417 (a) & (b) This exemption applicationis expressly submitted to fulfill Congress' goal inpassing Section 333(a) through (c) ofthe Reform Act. This law directs the Secretary ofTransportation to consider whethercertain unmanned aircraft systems may operate safelyinthe national airspace system (NAS) before completion oftherulemakingrequired under Section 332 ofthe ReformAct. Inmaking this determination, the Secretary is requiredto determine whichtypes ofsUASs do notcreate a hazardto users ofthe NAS orthe public orpose a threatto national security in light ofthe following:

• The sUAS's size, weight, speed, and operational capability • Operation ofthe sUAS in close proximity to airports andpopulated areas; and • Operation ofthe sUAS within visual line ofsight ofthe operator. Reform Act Section 333 (a). Lastly, if the Secretary determines that such vehicles "may operate safely in the national airspace system, the Secretary Shall establish requirements for the safe operation ofsuch aircraft inthenational airspace system." ID Section 333(c) (emphasis added) The Federal Aviation Act expressively grants the FAA the authority to issue exemptions. This statutory authority by its terms includes exempting civil aircraft, as the term is defined under section 40101 ofthe Act, that includes sUASs, from the requirement that civil aircraft must have a current airworthiness certificate. 

### Applicant interprets this provision to place the duty on the Administrator not only process applicants for exemptions under section 333, but for the administrator to craft conditions for the safe operation ofthe UAS, ifit should be determined that the conditions set forth herein do not fulfill the statutoryrequirements for approval.

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### The Administrator may grant an exemption from a requirement of a regulation prescribedunder subsection (a) or (b) ofthis sectionor any sections 44702-44716 ofthis title ifthe Administrator finds the exemption in the public interest. 49 U.S.C. Section 44701(f) 

### see also 49 USC Section44711(a); 49 USC Section44704; 14 CFR Section91.203 (a) (1). RPM LLC's sUASs fixed wing and mulitrotors, weighing 55 or fewer lbs. including payload. They operate under normal conditions at a speed ofno more than 70 knots. They will operate in a line of sight and will operate only within the sterile area made up ofFarm land, Gas and Oil Fields, PowerUtility Grid, PipelineInspection and Cell Towers locations. Given the small size ofthe sUASs involved and restricted sterile environment within whichthey will operate, the applicant falls squarely withinthat zone ofsafety (an equivalent level of safety) in which Congress envisioned that the FAA must, by exemption, allow commercial operations of sUASs to commence immediately. Also due to the size of the UASs and the restricted areas in which the relevant sUASs will operate, approval of the application presents no national security issue. Given the clear direction in Section 333 of the Reform Act, the authority contained inthe Federal Aviation Act, as amended; the strong equivalent level of safety surrounding the proposed operations, and the significant public benefit, including enhanced safety, reduction in environmental impacts, including reduced emissions and chemical spills, exemptions associated with allowing sUASs for agricultural operations, oil and gas surveying operations. The grant ofthe requested exemptions is inthe public interest. Accordingly, the applicant respectfully requests that the FAA grant the requested exemptionwithout delay. AIRCRAFTAND EQUIVELANTLEVEL OF SAFETY The applicantproposesthatthe exemptionrequestedherein applyto aircraftthathave the characteristics and that operate within the limitations listed herein. These limitations provide for at least an equivalent or even higher level of safety to operations under the current regulatory structure because the proposed operations represent a safety enhancement to the already safe agricultural services and crops dusted currently being used with conventional aircraft. 1. The sUASs will weigh less than 55 lbs. 2. Flights will be operated within line ofsight ofa pilot and/or observing. 3. Maximum total flight time for each operational flight launch to land time is 8 hours for fixed wing operation. Flights will be terminated at 25% battery power reserve. Flight operations ofMulitcopters is 90 minutes launchto land 4. Flights will be operated at an altitude ofno more than 1,500feetAGL. 5. Minimum crew for each operationwill consistofthe sUAS Pilot, andVisual Observer. 6. sUAS Pilot will be an certified by the aircraft manufacture for operations and have at least a private pilot written exam, No Medical required. Most pilots will have military UAS training the observer will hold at least manufactures ground school certificate. No medical required. 7. sUAS Pilot will be pilot in 

### command (PIC). Ifa pilot certificate holder other than the sUAS Pilot, who possess the necessary PIC qualifications, is also present on set (i.e. the aerial coordinator), thatperson can also be designated as PIC



### 38. The UAS will only operate within a confined "sterile area" and have a "Security Perimeter" for the flight operations area. 9. A briefing will be conducted in regard to the planned sUAS operations prior to each day's production activities. Itwill be mandatory that all personal that will be performing duties withinboundaries ofthe safety perimeterbe presentfor this briefing. 10. The operator will obtain the consent ofall persons involved in the flying area and ensure that only consenting persons be allowed within 100 feet ofthe flight operation, and this radius may be reduced to 30 feet based upon an equivalent level of safety and determination. 11. The operator will submit a written Plan ofActivities to the FSDO three days before the proposedflights. 12. Pilot and observer will have been trained inthe operation ofUAS generally and received up-to-date information on the particular UAS. Observer and Pilot will at all times be able to communicateby voice ortext. 13. Written and/or oralpermission from the relevantproperty holders will be obtained. 14. All required permissions and permits will be obtained from territorial, state, county, or cityjurisdictions, including local law enforcement, fire, or other appropriate government agencies. 15. If the sUAS losses communications or it losses its GPS signal, the UAS will have capabilityto return to a pre-determinedlocation withinthe Security Perimeterandland. 16. The sUAS will have capability to abort flight in case of unpredictable obstacles or emergencies. 17. Section 333 AirWorthiness Exemptionis transferable from manufactureto operator upon completion ofall requirements defined inthis petition. 14 C.F.R.Part 21, SubpartH: Air worthiness certificates 14 C.F.R. Section 91.203 (a) (1) Subpart H, entitled Airworthiness Certificates, establishes the procedural requirements for the issuance ofairworthiness certificates as required by FAR Section 91.203 (a) (1). Given the size and limited operating area associated with aircraft to be utilized by the Applicant, an exemptionfrom Part 21 Subpart H meets the requirements ofan equivalent level ofsafety under Part 11 and Section 333 of the Reform Actboth authorize the FAA to exempt aircraft from the requirement for an airworthiness certificate, upon consideration ofthe size, weight, speed, operational capability, proximity to airports and populated areas ofthe particular sUAS. In all cases, an analysis ofthese criteria demonstrates that the sUAS operated without an airworthiness certificate, in a restricted environment and underthe conditions proposed will be at lease as safe, or safer, than conventional aircraft (fixed wing or rotorcraft) operating with an airworthiness certificate without theretractions andconditions proposed. The sUAS to be operated here under is less than 55 lbs. fully loaded, carries neither a pilot nor passenger, carries no explosive materials or flammable materials liquid fuels, and operates exclusively within a secured area as set out in manual. Unlike other civil aircraft, operations under this exemption will be tightly controlled and monitored by both the operator and, pursuant to the requirements, and in compliance to local public safetyrequirements, to provide security ofthe area of operation as is now done with conventional flag man. The FAA will have advance notice of all operations. These safety enhancements, which already apply to civil aircraft operated in connection to agricultural aerial applicators, provide a greater degree ofsafety to public and property owners than conventional operations conducted with airworthiness certificates issued under 14 C.F.R. Part 21, Subpart H. Lastly, application ofthese same criteria demonstrates that there is no credible threat to national security posedby the sUAS, due to its size, speed ofoperation, location ofoperation, lack of explosive materials orflammable liquidfuels, andinabilityto carry a substantial external load.



### 414 C.F.R. Section 45.23 (b). Markingofthe aircraft The regulation requires: When marks include only the Roman capital letter "N" and the registration of the number is displayed on limited, restricted or in a light-sport category aircraft or experimental or provisionally certified aircraft, the operator must also display on the aircraft near each entrance to the cabin, cockpit, or pilot station, in letters not less than 2 inches nor more than 6 inches high, the words "limited," "restricted," "light spot," "experimental," or "provisional," as applicable. Even though the sUAS will have no airworthiness certificate, and exemption may be needed as the sUAS will have no entrance to the cabin, cockpit or pilot station on which the word "experimental" can be placed. Given the size of the sUA V, the two inch lettering will 

### be impossible. The word "experimental" will be placed on the fuselage in compliance with §45.29 (f).

The equivalent level ofsafety will be provided by having the sUAV marked on it fuselage as required by §45.29 (f) where the pilot, observer and others working with the sUAV will see the identification ofthe sUAV as "Experimental." The FAAhas issuedthe following exemptions to this regulation to exemptions tothis regulationto Exemptions Nos. 10700, 8738, 10167A. 14 C.F.R. § 61.113 (a) & (b): Private pilots Privileges and Limitations: Pilotin Command. Sections 61.113 (a) & (b) limit pilots to non-commercial operations. Because the sUAS will not carry a pilot or passengers, the proposed operations can achieve the equivalent level of safety of current operations by requiring the PIC operating the aircraft to have a SportPilot's Certificate rather than have than a Commercial Pilots Certificate to operate this small UAS. Unlike a conventional aircraft that carries a pilot and passengers, the sUAS is remotely controlled with no living thing onboard. The area of operation is controlled and restricted, and all flights are planned and coordinatedin advance as setforth by in the S.O.P. The level ofsafety providedby the requirements included in the S.O.P exceeds that provided by a single individual holding a commercial pilot's certificate operating a conventional aircraft. The risks associated with the operation ofthe sUAS are so diminished from the level of risk associated with the operation of a commercial operations contemplated with Part 61 when drafted, that allowing operations of the sUAS as requested with a recreational pilot as the PIC exceeds the present level ofsafety achieved by 14 C.P.R. §61,113 (a) & (b). 14 C.F.R. §91.7 (a): CivilAircraftAirworthiness. The regulationrequires thatno person may operate a civil aircraftunless itis in airworthiness condition. As there will be no airworthiness certificate issued for the aircraft, should this exemption be granted, no FAA regulatory standard will exist for determining airworthiness. Given the size of the aircraft and the requirements contained in the SOP for maintenance and use of safety check lists priorto eachflight, and equivalent level ofsafety willbeprovided.



### 514 C.F.R. §91.9 (b) (2): CivilAircraftFlightManual in the Aircraft Section 91.9 (b) (2) provides: No person may operate a U.S.-registered civil aircraft.

.. (2) For which an Airplane or Rotorcraft Flight Manual is not required by §21.5 of this chapter, unless there is available in the aircraft a current approved airplane or Rotorcraft Flight Manual, approved manual material, markings, and placard, or any combinationthereof. The sUAS, given its size and configuration has no ability or place to carry such a flight manual on the aircraft, not only because there is no pilot onboard, but because there is no room or capacity to carry such an itemonthe aircraft. The equivalent level of safety will be maintained by keeping the flight manual at the ground control point where the pilot flying the sUAS will have access to it. The FAA has issued the following exemptions to this regulation: Exemption Nos. 8607, 8737, 8738, 9299, 9299A, 9565, 9565B, 10167, 10602, 32827, and 10700. 14 C.F.R. § 91.103: Preflight action This regulation requires each pilot in command to take certain actions before flight to insure the safety ofthe flight. As the FAA approved rotor craft flight manuals will not be provided as set forth in sections the SOP. The PIC will take all actions including reviewing weather, flight battery requirements, landing andtakeoffdistances and aircraftperformance databefore initiation offlight. 14 C.F.R. §91.109: Flightinstruction Section 91.103 provides that no person may operate a civil aircraft (except a manned free balloon) thatisbeingused for flightinstruction unless that aircrafthas fully functioning dual controls. sUASs and remotely controlled aircraft, by there design do not have fully functioning dual controls. Flight control is accomplished though the use ofa control box that communicates with the aircraft via radio communications. The FAA has approved exemptions for flight training without fully functioning dual controls for a number of aircraft and for flight instruction in experimental aircraft. See exemption Nos.5778K & 9862A. The equivalentlevel ofsafety providedby that neither a pilotnorpassengers will be carriedin the aircraft andby the size and speed ofthe aircraft. 14 C.F.R. §91.119: Minimum 

### safe altitudes Section 91.119 establishes safe altitudes for operations of civil aircraft. Section 91.119 (d) allows helicopters to be operated at less than the minimums prescribedprovided the person operating the helicopter complies with any route or altitudes prescribed for helicopters by the FAA. As exemption is for the sUAS that is a helicopter and the exemption requests authority to operate at altitudes ofup to 400 AGL rotorcraft and 1500 AGL for fixed-wing, or not more than 200 above an elevated platform such as radio towers, an exemption may be neededto allow such operations. As set forth by herein, exceptfor the limited conditions statedinthe SOP, the UAS will never operate higher than 400 AGL rotorcraft and 1500 AGL for fixed-wing. It will however be operated in a restricted area with a security perimeter, where buildings and people will not be exposed to operations without theirpre-obtained consent.



### 6The equivalent level of safety will be achieved given the size, weight, speed ofthe sUAS as well as the location where it is operated. No flight will be taken without the permission of the property owner or local officials. Because of the advance notice to the property owner and participants in the activity, all affected individuals will be aware ofthe planned flight operations as setforth inthe SOP. Comparedto flight operations with aircraft orrotorcraft weighing more far more than the maximum 55lbs. proposed herein and the lack offlammable fuel, any risk ofassociated with these operations is far less than those presently presented with conventional aircraft operating at or below 500 AGL. Inaddition, the low-altitude operations ofthe sUAS will ensure separationbetween these sUAS operations and the operations of conventional aircraft that must comply with Section 91.119. 14 C.F.R. §91.121 Altimeter Settings This regulation requires each person operating an aircraft to maintain cruising altitude by reference to an altimeter that is set "

...to the elevation of the departure airport or an appropriate altimeter setting available before departure." As the sUAS may not have a barometric altimeter, but instead a GPS altitude read out, an exemption may be needed. An equivalent level of safety will be achieved by the operator, pursuant to the Manual and Safety Checklist, confirmingthe altitude ofthe launch site shown on the GPS altitude indicatorbeforeflight. 14 C.F.R. §91.151(a): Fuel Requirements forFlightinVFR Conditions Section 91.151 (a) prohibits and individual frombeginning "aflight in an airplane underVFR conditions unless (considering wind andforecast weather conditions) there is enough fuel to fly tothe first point ofintended landing, and assuming normal cruising speed- (1) During the day, to fly after thatfor atleast 30 minutes; or (2) Atnight, to fly afterthatfor atleast45 minutes." The battery powering the sUAS provides approximately 8 hours ofpowered flight. To meet the 30 minute reserve requirement in 14 CFR §91.151, sUAS flights would be limited to approximately 7 hours and 30 minutes in length. Given the limitations on the UAS's proposed flight area and the location ofits proposed operations within a predetermined area, a longer time frame for flight in daylight ornightVFRconditions is reasonable. Applicant believes that an exemption from 14 CFR (a) falls within the scope of prior exemptions. See Exemption 10673 (allowing Lockheed Martin Corporation to operate without compliance with FAR 91.151(a)). Operating the small UAS, in a tightly controlled area where only people and property owners or official representatives who have signed waivers will be allowed, with less than 30 minutes ofreserve fuel, does not engender the type ofrisk that Section 91.15l(a) was intended to alleviate given the size speed of the sUAS. Additionally, limiting sUAS flights to 10 minutes would greatly reduce the utility for which the exemption willbe granted. Applicant believes that an equivalent level of safety can be achieved by limiting flights to 7 hrs 30 minutes or 25% ofbattery power whicheverhappens first. This restriction wouldbe more than adequateto return the sUAS to its plannedlanding zone from anywhere inits limited operating area. Similar exemptions have been granted to other operations, including Exemptions 2689F, 5745, 10673, and 10808.



### 714 C.F.R. §91.203 (a) and (b): Carrying Civil Aircraft Certification and Registration Theregulationprovides inpertinentpart: (a) Except as provided in §91.715, no person may operate a civil aircraft unless it has within itthe following:

(1) An appropriate and currentairworthiness certificate

... (b) No person may operate a civil aircraft unless the airworthiness certificate required by paragraph (a) ofthis section or a special flight authorization issued under §91.715 is displayed at the cockpit entrance so that it is legible to passengers or crew. The sUAS fully loaded weighs no more than 55lbs and is operated without an onboardpilot. As such, there is no ability or place to carry certification and registration documents or display themon the sUAS. An equivalent level of safety will be achieved by keeping these documents at the ground control point where the pilot flying the sUAS will have immediate access to them, to the extentthey are applicable to the sUAS. The FAAhas issued numerous exemptions to this regulation. A representative sample of other exemptions includes Exemption Nos. 9565, 9665,9789, 9789A, 9797, 9816A, 10700. 14 C.F.R. §91.405 (a); 407 (a) (2); 417 (a) 

### & (b) These regulations require that an aircraft operator or owner "shall have that aircraft inspected as prescribed in subpart E of this part and shall between required inspections, except as provided in paragraph (c) ofthis section, have discrepancies repaired as prescribed in part 43 ofthis chapter.

..," and others shall inspect or maintain the aircraft in compliance with part43. Given that these section and Part 43 apply only to aircraft with an airworthiness certificate, these sections will not apply to the application. Maintenance will be accomplished by the operator pursuant to the flight manual and operating handbook as referenced in the Manual. An equivalent level ofsafety will be achieved becausethese small UASs are very limited in size and will carry a small payload and operate only in restricted areas for limited periods oftime. Ifmechanical issues arise the sUAS can land immediately and will be operating from no higher than 400 feet AGL rotorcraft and 1500 AGL for fixedwing. As provided in the SOP, the operator will ensure that the sUAS is in working order prior to initiating flight, perform required maintenance, and keep a log of any maintenance preformed. Moreover, the operator is the person most familiar with the aircraft and best suited to maintain the aircraft in an airworthy condition to provide the equivalent level of safety. Pursuant to 14 C.F.R Part 11, the following summary is provided for publication in the FederalRegister, shoulditbe determinedthatpublicationis needed: Applicant seeks an exemption from the following rules:

814 C.P.R. §21, subpartH; 14 C.P.R45.23 (b); 14 C.P.R.§§ 61.113 (a) & (b); 91.7 (a); 91.9 (b) (2);91.103 (b); 91.109; 91.119;91.121;91.151 (a); 91.203 (a) and (b); 91.405 (a); 91.407 (a) (1); 91.409 (a) (2) and 91.417 (a) & (b) to operate commercially a small unmanned vehicle (55lbs or less) in the Agricultural 3dMapping Service Operations, Oil and Gas Exploration andPipeline Inspection. Approval of exemptions allowing commercial operations of sUASs in the Agricultural 3d mapping/scanning, Oil & Gas Exploration, Pipeline and Tower Inspection Industry will enhance safety by reducing risk. Conventional operations using jet or piston aircraft operate at extremely low altitudes just feet from the equipment and livestock and structures and present the risks associated with vehicles that weigh in the neighborhood of 3,000-5,000 lbs. This equipment can carry large amounts ofjet A or other fuel. Helicopters operate with 140 gallon fuel in their tanks in most operations which could be a significant risk to the environment. The sUAS will carry no passengers or crew and therefore will not exposethemtotherisks associated with manned aircraftflights. The operations of small UASs, weighing less then 55 lbs., conducted in the strict conditions outlined above, will provide an equivalent level of safety supporting the grant of the Part 21 and allowing commercial operations. These lightweight UAVs operate at slow speeds, close to the ground and in sterile environment and as a result are far safer than conventional operations conducted with a piston and orturbine aircraft operating close to the ground. Public Acknowledgement/Privacy All Flights will occur only once the property owner has authorized operations to be conducted. Satisfaction ofthe criteriaprovided in Section 333 ofthe Reform Act of2012-size, weight, speed, operating capabilities, proximity to populated areas and or close proximity to airports and operations within visual line of sight provides more then adequatejustification for the grant oftherequested exemptions allowing commercial operation ofapplicant's sUAS inthe commercialindustry described in this exemptionpetition.
Sincerely,

Bradley PufPaff-President StarkDefense Services

- StarkAerospace Division



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### AppendixA: sUAS Definedforexemptionperthispetition

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### 11Air Vehicle



### • Auto Start, Fully automated flight plan, takeoff and landing • Weight: 6.0-6.5 pounds with payload • Launch to Land time up to 2 hours and 45 minutes • Optimized for operation up to 1500 feet AGL • No special tools needed for assembly- 90 seconds to launch • FAA and NVG lighting • Capable of carrying 3 inch, 2.5 pound all-weather payload Ground Control Station

• Lightweight computing system with solid state hard disk • 7 inch HI-Res Day/Night Screen, NVG compatible • Lithium-ion rechargeable military-standard battery with minimum 4 hours use • Ruggedized against water and particulates ingress up to IP 65 • Exceptional performance in extreme operation conditions and temps from

- 20C to 60C



### 12

### Payload

• Gimbaled 1OMP Color Daylight camera with five Fov, 

### 640x480 IR with four FoV and IR Laser Illuminator • HD capable Modular Load Out Transport Kit

• Carrier Transport Unitfitted with carrying-strap, Molle modular and detachable GCS pack

• Pelican case sized for rapid deployment and transport in SUV • All bags for transport are waterproof with Molle mounts • Carrier Transport Unit and Molle pack can support Military Free Fall (MFF)

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