TMK Bakersville Thad Gerber V.P. Finance PO Box 3068 Bakersville, OH 43803 330-897-3911
July 06, 2015

US Department ofTransportation Docket Management System 1200 NewJerseyAve., SE Washington, DC 20590 -- .. : /. : __

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Re: Exemption Request UnderSection 333 ofthe FAA Modernization and Reform Act of2012 and 14 CFR Part 11 forAgricultural Commercial use ofan Unmanned Aircraft System (UAS).

Dear Madam, Sir,

Pursuant to Section 333 ofthe FAA Modernization and Reform Act of2012 The "Reform Act" and 14 CFR Part 11,TMK Bakersville seeks an exemption from the Federal Aviation Regulations (FARs) listed below:



# • 14 C.F.R. 21 

# • 14 C.F.R. 45.23 

# • 14 C.F.R. 45.29 

# • 14 C.F.R. 61.3 

# • 14 C.F.R. 61.113(a)&(b) 

# • 14 C.F.R. 61.133(a) 

# • 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 

# • 14C.F.R. 91.151(a) 

# • 14 C.F.R. 91.203(a)&(b) 

# • 14 C.F.R. Subpart E(91.401-91.417)The requested exemption would permit commercial operations for precision agriculture scouting, remote sensing and aerial video byTMK Bakersville. TMK Bakersville is afertilizer and pesticide sales and service company located in East-Central Ohio committed to providing excellent quality products and dependable service to agricultural crop producers in orderthey may continue to excel .in their agricultural production and food and watersafety operations. Unmanned Aircraft Systems (UAS) technology and its associated data has the potential ofbecoming one ofthe most important production tools to be introduced within the agricultural industry. As client requirements continue to evolve, traditional crop management techniques, available imagery, and field models lack the resolution accuracy necessary for elite crop planning, crop management, food safety, quality, and plant health identification. UAS collected data allows a consultant to reviewthe crop production area(s) of interest with greater accuracy, resolution and efficiencyto betteraid clients with production design, predictive crop yields, overall water use, pest control and nutritional inputs, and food safety hazard analysis and risk assessments. Of more importance, is thatthe unmanned aspect reduces the risk of placing employees in perilous environments. TMK Bakersville is seeking an exemption for U.S. identification N41315 SteadiDrone QU4D.

Characteristics ofthe Aircraft The SteadiDrone QU4D Rotocraft is electric (battery) powered weighing 5.8 pounds without cameras, using four rotors for motion control. The unmanned aerial vehicle measures 18 inches across. The attachment of high resolution cameras provides the abilityto collect high definition images to be used to generate dynamic maps ofthetargeted terrain.
Applications TMK Bakersville will be implementing an aerial data collection program that uses precision agriculture and remote sensing techniques, in orderto assist clients with production design, predictive crop yields, pest control and nutritional inputs management, and food safety hazard analysis, risk assessments and water qualitycontrol. The UAS will permitfrequent and close-up viewing of crop production fields by agricultural consultants which will improve productivity and efficiencyforfarmers.The impactto agriculture is significant forthefollowing reasons:
• Monetary importance in making agricultural crop production decisions.
• Permits close-up viewing ofcrop fields which are impossible to obtain in any other method
• Permits rapid decision making regarding fertilizer application, insect and disease control • Allows for crop stand evaluation
• Important in determining irrigation decision
• May be used in soil zone mapping
• Is not expensive
• Can be frequent
• Can be used in small areas The photos ofgrowingcrops from remote controlled aircraft will permitthe evaluation ofthe health ofthe crops and aid in the development ofprescriptions for precision application of nutrient's and chemicals to address observed crop issues. Afield map can be developed which can be used for precision application. Using Variable-rate precision application ratherthan using fertilizer or chemical placement across an entirefield will be adirect economic and environmental benefit.

Howto Use The UAS will be flown in only low population rural agricultural areas farfrom any restricted airspace. The aerial photos will be used to monitorthe soil and crop production fields atvarious times duringthe growing season. Manyofthese fields are small in size and slopingterrain. The UAS will be flown at no morethan 200 feet in height and no more than 30 mph during day light hours in orderto obtain clear images for evaluation.
Operators The UAS will be flown by professional agricultural consultants with degrees in agricultural science and also having certified crop advisor (CCA) accreditation or by operators underthe supervision ofthese individuals all ofwhich would followthe FAA proposed Operator Standards. The scoutingwill be performed only by these individuals and with the permission of the land holders with whom theyare advising. The results ofthe UAS scouting ofthe crop field will be forthe private use ofthe landholder.The UAS will only be used in wind speeds of30 mph or less and flown at 200 feet in height or less and remain in eye contact with the operator. The agricultural crop fields are located in low populated, rural areas farfrom restricted air space. There is no intentto view buildings, equipment or people with the aerial device. Priorto operatingthe UAS itwill be inspected for defects and solidness ofall connections as a priorityofsafetyto the operator as well as economic reasons due tothetotal investment in the aerial device.

Economic Return Unmanned Aerial Systems will improve productivity and efficiencyforfarmers and crop consultant's and have the potential to become the next major contributor in detecting limiting factors to crop production. The total field monitoringwill limitthe application of pesticides and fertilizerwhere necessary which will contributeto economic prudence and environmental safety.
Exemption Request Details TMK Bakersville requests an exemption from the following regulations as well as any additional regulations that maytechnically applytothe operation of U.S. identification number N41315 SteadiDrone QU4D.

14C.F.R. Part 21, Subpart H: Airworthiness Certificates 14 C.F.R. § 91.203{a) {1) Section 91.203 requires all civil aircraftto have a certificate ofairworthiness. Part 21, Subpart H, entitled Airworthiness Certificates, establishesthe procedural requirements forthe issuance ofairworthiness certificates as required by 14 CFR § 91.203(a). Given the size ofthe SteadiDrone Qu4D Rotocraft, it is very lightweight and the limited operating area associated with its utilization, it is unnecessaryto go through the certificate ofairworthiness process under Part 21 Subpart H in orderto achieve or exceed current safety levels. Such an exemption meets the requirements ofan equivalent level ofsafety under Part 11 and Section 333 ofthe Reform Act. The Federal Aviation Act and Section 333 ofthe Reform Act both authorize the FAAto exempt aircraftfrom the requirement for an airworthiness certificate, upon consideration ofthe size, weight, speed, operational capability, and proximity to airports and populated areas ofthe UAS involved. An analysis ofthese different criteria demonstratesthattheaircraft operated without an airwothiness certificate, underthe conditions proposed in that exemption, will be at least as safe, orsafer, than a conventional aircraft with an airworthiness certificate.14 C.F.R. § 45.23 

### & 14C.F.R. § 45.29: Display of marks; size of marks These regulations provide that each aircraft must display "N" and the aircraft's registration number in letters at least 3 inches high. Additionally, the aircraft must displaythe word "EXPERIMENTAL" in letters at least 2 inches high nearthe entrance to the cabin, cockpit, or pilotstation. Given the size ofthe SteadiDrone QU4D, this requirement is impossible to match. Howeverthe registration number N41315 will be prominately displayed on the landing legs ofthe aircraft as large as possible.

14 C.F.R. § 61.3: Requirements for certificates, ratings and authorizations 14C.F.R. § 61.113(a) & (b); 61.133(a): Private Pilot Privileges and Limitations; Pilot in Command; Commercial Pilot Privileges and Limitations The regulation providesthat no person may serve as a required pilotflight crewmemberofa civil aircraft ofthe United States, unless that person: (1} Has a pilot certificate orspecial purpose pilot authorization issued underthis part in that person's physical possession or readily accessible in the aircraft when exercising the privileges ofthat pilot certificate or authorization. However, when the aircraft is operated within aforeign country, a pilot license issued by that county may be used. The regulation provides also that no person that holds a private pilot certificate may act as pilot in command ofan aircraft for compensation or hire. Subparagraph (b) allows a private pilotto act as pilot in command ofan aircraft in connection with any business or employment if: The flight is only incidental to that business or employment; (1} The aircraft does not carry passengers or propertyfor compensation or hire. Given the safetyfeatures ofthe SteadiDrone QU4D and thefact thatthe missions are preprogrammed and monitored in real-time with aspecific flight management softwarethat operators ofthe SteadiDrone QU4D should not be required to hold a commercial pilot certification.

14C.F.R. § 91.7(a): Civil aircraft airworthiness This regulation requires that no person may operate a civil aircraft unless it is in airworthy condition. Should the exemption be granted allowing commercial operation ofthe SteadiDrone QU4D without an airworthiness certificate, no standard will exist for airworthiness. Given the size ofthe aircraft and the previous airworthiness assessments this should not be afactor.

14C.F.R. § 91.9: Civil aircraft flight manual, marking, and placard requirements. This regulation provides that no person may operate an aircraft unless a current, approved flight manual is in the aircraft. TMK Bakersville assumes thatthe intent ofthis requirement is to ensure thatflight manual information is available to the aircrew while operatingthe aircraft. TMK Bakersville requests anexemption to this requirement since the aircraft is small and space does not permit carrying documentation. The equivalent level ofsafetywill be achieved by keeping a hard copy ofthe aircraft manual with the operator.

14 C.F.R. § 91.109(a) & 91.319(a)(1}: Flight Instruction The regulation providesthat "No person may operate a civil aircraftthat is being used forflight instruction unless that aircraft has fullyfunctioning dual controls." Remotely piloted aircraft by design do not have functional dual controls. Instead flight control is accomplished through the use ofa boxthat communicates with the aircraft via radio communications.

14 C.F.R. § 91.119: Minimum Safe Altitudes The regulation provides that over sparsely populated areas the aircraft cannot be operated closer than 500 feet to any person, vesset vehicle, or structure. Since the aircraft will be operating at a maximum of200 feet AGL, the SteadiDrone QU4D cannot complywith this requirement. The equivalent level ofsafety will be achieved because the SteadiDrone QU4D will onlyflyover private propertywith the permission ofthe landowner. The landowner and the persons who may be on the ground in theflight area will be briefed ofthe expected route offlight and the associated risks to persons and property on the ground. Due to the small size ofthe SteadiDrone QU4D and the material with which the SteadiDrone QU4D is built, the hazard to persons, vessels, and structures is notcomparable to manned aircraft and should be considered in grantingthe exemption. Moreover, the aircraft will not be operated over congested areas norover any open-air assembly of persons. The aircraft will be operated at an altitude allowing, ifa power unitfails, an emergency landing without undue hazard to persons or property on the surface.

14 C.F.R. § 91.121- Altimeter settings This section requires that each person operating an aircraft shall maintain the cruising altitude orflight level ofthat aircraft, as the case may

### be, by reference to an altimeterthat is 

### set, when operating below 18,000feet MSLto: An exemption is requested as the aircraft does not have a barometric altimeter, but rather a GPS read out.

14 C.F.R. § 91.151(a): Fuel Requirements for Flight in VFR Conditions The regulation providesthat no person may begin aflight in an airplane underday-VFR conditions unless there is enough fuel to flytothe first point of intended landing and to fly after thatfor at least 30 minutes. Given the area ofoperation forthe SteadiDrone QU4D, TMK Bakersville believes that an equivalent level ofsafety is already achieved with the specific procedure preventingthe aircraft to accept atake-offorder ifthe battery level is below a given value.I I 0 1



### 14 C.F.R. § 

### 91.203 (a) 

### &(b): Carrying Civil Aircraft Certification and Registration This regulation provides as follows:
• No person mayoperate 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) ofthis section or aspecial flight authorization issued under §91.715 is displayed atthe cabin or cockpit entrance so that it is legible to passengers or crew. The SteadiDrone QU4D weighs only 5.8 pounds. As such, there is no ability or place to carry certification and registration documents orto display them on the UAS. In addition,there is no pilot or passengers on board the aircraft. To obtain an equivalent level ofsafety and meetthe intent of91.203, All documents deemed appropriatefor.this aircraft bythe FAA will be located with the operator at the ground control station.



### 14 CFR Subpart 

### (91.401-91.417) -Maintenance, Preventive Maintenance, and Alterations The regulation provides thatthe operator is primarily responsible for maintainingthe aircraft in an airworthy

**c~>ndition,** including compliance with Parts 39 and 43. Paragraphs 91.407 and 91.409 require thatthe aircraft be "approved for return to service by a person authorized under 43.7" after maintenance and inspection. Section 91.409(a) (2) requires and annual inspection forthe issuance ofan airworthiness certificate. Section 91.417(a) requires the owner or operatorto keep records showing certain maintenance workthat has been accomplished by certificated mechanics, under Part 43, or licensed pilots and records ofapproval ofthe aircraft for return to service. The maintenance ofthe aircraft will be accomplished byTMK Bakersville Operator. Safety will be achieved because the aircraft is small in size, it is not a complex mechanical device. Moreover, the operator is the person mostfamiliar with the aircraft and is best suited to maintain the aircraft in an airworthy condition and to ensure an equivalent level ofsafety. Finally, before everyflight, the aircraft runs automatically a sequence ofpre-flighttests to make sure that every sensor and every critical part is running properly. Sincerely,

Thad Gerber TMK Bakersville V.P. Finance