BradleyPufpaff T: +1 850 225-3903 bpufpaff@gmail.com

December 18, 2014 U.S. Department ofTransportation DocketManagement System 1200 NewJerseyAve., SE Washington, DC 20590 

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Re: ExemptionReguest Section 333 oftheFAAReformAct andPart 11 ofthe Federal Aviation Regulations from 14 C.P.R. 45.23(b); 14 CPRPart 21; 14 CPR 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)

Dear Sir orMadam: Pursuantto Section 333 ofthe FAAModernization andReformAct of2012 (theReformAct) and 14 C.P.R. Part 11, RPM LLC, developer and operator ofsmall Unmanned Aircraft Systems ("sUAS") equipped to conduct aerial photography and 3dmapping for the Agricultural Industry to help Farmers in the US gethigheryield ontheirproducts and tohelp prevent contamination offarm lands ifthere was a manned aircraft accident, hereby applies for anexemptionfrom the listed Federal AviationRegulations ("PARs") to allow commercial operation ofits sUASs, so long as such operations are conducted within and underthe conditions outlined herein or as may be establishedby the FAA as requiredby Section 333. As described more fully below, therequested exemption would permit the operation ofsmall Unmanned andrelatively inexpensive sUAS undercontrolledconditionsin airspace thatis 1) limited 2) predetermined 3) controlled as to access and 4) would provide safety enhancementsto the already safe operations inthe Agricultural and Oil and Gas Industry presently usingconventional aircraft. Approval ofthis exemption would thereby enhance safety and fulfill 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 applicantis: RPMLLC Attn: BradleyPufPaff Ph: 850-225-3903 Email: bpufpaff@gmail.com Address: PO Box 1018. Rogersville AL 35652



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### The conditions proposedbythe applicant are drawn from order 8900.1 CHG0 Regulations from whichthe exemptionis required
14 CPRPart 21 14 C.P.R. 45.23(b) 14 CPR 61.113 (a) & (b) 14 C.P.R. 91.7 (a) 14 CPR 91.9 (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 14CFR91.151 (a) 14 CPR91.203 (a) & (b) 14 CPR91.405 (a) 14 CPR407 (a) (1) 14 CPR409 (a) (2) 14CPR417 (a) & (b) This exemption application is expressly submittedto fulfill Congress' goalinpassing Section 333(a) through (c) ofthe ReformAct. This law directs the Secretary ofTransportationto consider whether certainunmanned aircraft systems may operate safely inthenational airspace system(NAS) before completion oftherulemakingrequiredunder Section 332ofthe ReformAct. In makingthis determination, the Secretary is required to determine whichtypes ofsUASs do notcreate a hazard to users ofthe NAS orthe public orpose a threatto national security inlight ofthe following:

• The sUAS's size, weight, speed, and operational capability • Operation ofthe sUAS in closeproximity 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 aircraftinthenational 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 of the Act, that includes sUASs, from the requirement that civil aircraft must have a currentairworthiness 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 notfulfill the statutoryrequirements for approval.

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### The Administrator may grant an exemption from a requirement of a regulation prescribed under subsection (a) or (b) 

### ofthis section or any sections 44702-44716 ofthis title ifthe Administrator finds the exemption in the public interest. 49 U.S.C. Section 4470l(f) see also 

### 49 USC Section447ll(a);49 USC Section44704; 14 CPR Section 91.203 (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, Pipeline Inspection and Cell Towers locations. Given the small size ofthe sUASs involved and restricted sterile environment within which they will operate, the applicant falls squarely within that 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 in the 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 in the public interest. Accordingly, the applicant respectfully requests that the FAA grant the requested exemption without delay. AIRCRAFTAND EQUIVELANT LEVELOF SAFETY The applicantproposes that the exemption requested herein apply to aircraft that have 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 ofapilot 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. Minimumcrew for each operation will consistofthe sUAS Pilot, and Visual 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). If 

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



### 38. The UAS will only operate within a confined "sterile area" and have a "Security Perimeter" for theflight operations area. 9. A briefing will be conducted in regard to the planned sUAS operations prior to each day's production activities. It will be mandatory that all personal that will be performing duties withinboundaries ofthe safety perimeterbepresentfor 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. Pilot andobserver will have beentrained in the operation ofUAS generally and received up-to-date information on theparticularUAS. Observer and Pilot will at all times be able to communicateby voice ortext. 12. Written and/or oralpermission from therelevantproperty holders willbe obtained. 13. All required permissions and permits will be obtained from territorial, state, county, or cityjurisdictions, including local law enforcement, fire, or other appropriate government agencies. 14. If the sUAS losses communications or it losses its GPS signal, the UAS will have capabilityto return to a pre-determinedlocation within the SecurityPerimeter and land. 15. The sUAS will have capability to abort flight in case of unpredictable obstacles or emergencies. 16. Section 333 AirWorthiness Exemption is transferable from manufacture to operatorupon completion ofallrequirements definedinthis petition.
14 C.F.R.Part21, SubpartH: Airworthiness certificates 14 C.F.R. Section 91.203 (a) (1) SubpartH, 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 beutilized bythe Applicant, an exemptionfrom Part 21 Subpart H meets the requirements ofan equivalent level ofsafetyunderPart 11 and Section 333 of the Reform Act both 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 under the conditions proposed will be at lease as safe, or safer, than conventional aircraft (fixed wing or rotorcraft) operating with an airworthiness certificate withouttheretractions and conditions 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 safety requirements, 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 greaterdegree ofsafety to public andproperty owners than conventional operations conducted with airworthiness certificates issued under 14 C.P.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, and inabilityto carry a substantial external load.



### 414 C.F.R. Section 45.23 (b). Markingofthe aircraft 

### The regulationrequires: 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 sUAV, 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 sUA V 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 FAA has issued the following exemptions to this regulationto exemptions to this 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 coordinated in advance as set forth by in the S.O.P. The level ofsafety provided by 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 ofthe 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): Civil AircraftAirworthiness. 

### Theregulationrequires thatno person may operate a civil aircraft unless it is 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 prior to each flight, and equivalent level ofsafety willbe provided.



### 514 C.F.R. § 91.9 (b) (2): Civil Aircraft FlightManual inthe 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 combination thereof. 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 capacityto 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) that is beingusedfor flight instructionunless 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 exemptionNos.5778K & 

### 9862A. The equivalentlevel ofsafety providedby thatneither
apilotnorpassengers willbecarriedinthe aircraft and bythe 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 prescribed provided 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 exemptionmaybeneededto allow such operations. As set forth byherein, exceptfor the limited conditions stated in the 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. Compared to 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. In addition, 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 cmising 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, confirming the altitude ofthe launch site shown on the GPS altitude indicatorbeforeflight. 14 C.F.R. §91.151(a): Fuel Requirements forFlightinVFR Conditions Section91.151 (a) prohibits and individualfrombeginning "aflight in an airplaneunderVPR conditions unless (considering wind and forecast weather conditions) there is enough fuel to fly to the first point ofintended landing, and assuming normal cruising speed- (1) During the day, to fly after thatfor at least30minutes; 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 CPR §91.151, sUAS flights would be limited to approximately 7 hours and 30 minutes inlength. Given the limitations onthe sUAS's proposed flight area and the location ofits proposed operations within a predetermined area, a longer time frame for flight indaylight ornightVPR conditions is reasonable. Applicant believes that an exemption from 14 CPR (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 91.151(a) was intended to alleviate given the size speed of the sUAS. Additionally, limiting sUAS flights to 10 minutes would greatlyreducetheutilityfor whichthe exemption willbe granted. Applicant believes that an equivalent level of safety can be achieved bylimiting flights to 7 hrs 30minutes or25% ofbatterypower whicheverhappens first. Thisrestriction wouldbe more than adequate to return the sUAS to its planned landing 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 CivilAircraft Certificationand Registration
Theregulation provides inpertinentpart: (a) Except as provided in §91.715, no person may operate a civil aircraft unless it has withinitthe following:

(1) An appropriate andcurrent airworthiness certificate

... (b) No person may operate a civil aircraft unless the airworthiness certificate required byparagraph (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 onboard pilot. As such, there is no ability or place to carry certification and registration documents or display themonthe 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. TheFAAhas 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) Theseregulations require that an aircraft operator or owner "shall have that aircraft inspected
as prescribed in subpart E ofthis part and shall between required inspections, except as provided in paragraph (c) ofthis section, have discrepancies repaired as prescribed inpart 43 ofthis chapter.

..," and others shall inspect ormaintainthe 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 of safety will be achieved because these 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 fixed-wing. 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 withthe aircraft and best suitedto maintain the aircraftin an airworthy conditiontoprovide the equivalent level ofsafety.
Pursuant to 14 C.F.R Part 11, the following summary is provided for publication in the Federal Register, shoulditbedeterminedthatpublicationis needed: Applicant seeks anexemptionfrom the following rules: 14 C.P.R. §21, subpart H; 14 C.F.R 45.23 (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 operatecommercially a small unmanned vehicle



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### (55lbs or less) in the Agricultural 3d Mapping Service Operations, Oil and Gas Exploration and Pipeline 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 usingjet 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 significantrisk to the environment. The sUAS will carry no passengers orcrew and therefore will not expose themto the risks 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 UA Vs operate at slow speeds, close to the ground and in sterile environment and as a result are far safer than conventional operations conducted with apiston and orturbine aircraftoperating closeto the ground. PublicAcknowledgement/Privacy 

### All Flights will occur only once the property owner has authorized operations to be conducted. Satisfaction ofthe criteriaprovided in Section 333 ofthe ReformAct of2012-size, weight, speed, operating capabilities, proximity to populated areas and or close proximity to airports and operations within visual line ofsightprovides more then adequatejustificationfor the grant ofthe requested exemptions allowing commercial operation ofapplicant's sUAS in the commercial industry described in this exemptionpetition.
Sincerely,



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