TMK Bakersville 

Thad Gerber 

V.P. Finance 

PO Box 3068 

Bakersville, OH 43803 

330-897-3911 

July 06, 2015 

US Department of Transportation 

Docket Management System 

1200 New Jersey Ave., SE 

Washington, DC 20590 

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Re: Exemption Request Under Section 333 of the FAA Modernization and Reform Act of 2012 

and 14 CFR Part 11 for Agricultural Commercial use of an Unmanned Aircraft System (UAS). 

Dear Madam, Sir, 

Pursuant to Section 333 of the FAA Modernization and Reform Act of 2012 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 

• 14 C.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 by TMK Bakersville. TMK Bakersville is a fertilizer 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 order they 

may continue to excel .in their agricultural production and food and water safety operations. 

Unmanned Aircraft Systems (UAS) technology and its associated data has the potential 

of becoming one of the 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 review the crop production area(s) of interest 

with greater accuracy, resolution and efficiency to better aid 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 that the 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 of the 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 ability to collect high definition 

images to be used to generate dynamic maps of the targeted terrain. 

Applications 

TMK Bakersville will be implementing an aerial data collection program that uses 

precision agriculture and remote sensing techniques, in order to assist clients with production 

design, predictive crop yields, pest control and nutritional inputs management, and food safety 

hazard analysis, risk assessments and water quality control. 

The UAS will permit frequent and close-up viewing of crop production fields by 

agricultural consultants which will improve productivity and efficiency for farmers. 
The impact to agriculture is significant for the following reasons: 

• Monetary importance in making agricultural crop production decisions. 

• Permits close-up viewing of crop 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 of growing crops from remote controlled aircraft will permit the evaluation of the 

health of the crops and aid in the development of prescriptions for precision application of 

nutrient's and chemicals to address observed crop issues. A field map can be developed which 

can be used for precision application. 

Using Variable-rate precision application rather than using fertilizer or chemical 

placement across an entire field will be a direct economic and environmental benefit. 

How to Use 

The UAS will be flown in only low population rural agricultural areas far from any 

restricted airspace. The aerial photos will be used to monitor the soil and crop production 

fields at various times during the growing season. Many of these fields are small in size and 

sloping terrain. 

The UAS will be flown at no more than 200 feet in height and no more than 30 mph 

during day light hours in order to 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 

under the supervision of these individuals all of which would follow the FAA proposed Operator 

Standards. The scouting will be performed only by these individuals and with the permission of 

the land holders with whom they are advising. The results of the UAS scouting of the crop field 

will be for the private use of the landholder. 
The UAS will only be used in wind speeds of 30 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 far from restricted air space. There is no intent to view 

buildings, equipment or people with the aerial device. 

Prior to operating the UAS it will be inspected for defects and solidness of all 

connections as a priority of safety to the operator as well as economic reasons due to the total 

investment in the aerial device. 

Economic Return 

Unmanned Aerial Systems will improve productivity and efficiency for farmers and crop 

consultant's and have the potential to become the next major contributor in detecting limiting 

factors to crop production. 

The total field monitoring will limit the application of pesticides and fertilizer where 

necessary which will contribute to economic prudence and environmental safety. 

Exemption Request Details 

TMK Bakersville requests an exemption from the following regulations as well as any 

additional regulations that may technically apply to the operation of U.S. identification number 

N41315 SteadiDrone QU4D. 

14 C.F.R. Part 21, Subpart H: Airworthiness Certificates 

14 C.F.R. § 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 14 CFR § 91.203(a). Given the size of the 

SteadiDrone Qu4D Rotocraft, it is 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 order 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 analysis of these different criteria 

demonstrates that the aircraft operated without an airwothiness certificate, under the 

conditions proposed in that exemption, will be at least as safe, or safer, than a conventional 

aircraft with an airworthiness certificate. 
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 inches high. Additionally, the aircraft must display the word 

"EXPERIMENTAL" in letters at least 2 inches high near the entrance to the cabin, cockpit, or 

pilot station. 

Given the size of the SteadiDrone QU4D, this requirement is impossible to match. However the 

registration number N41315 will be prominately displayed on the landing legs of the aircraft as 

large as possible. 

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 serve 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 aircraft is 

operated within a foreign 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 of an aircraft for compensation or hire. Subparagraph (b) allows a private pilot to 

act as pilot in command of an 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 property for compensation or hire. 

Given the safety features of the SteadiDrone QU4D and the fact that the missions are preprogrammed and monitored in real-time with a specific flight management software that 

operators of the SteadiDrone QU4D should not be required to hold a commercial pilot 

certification. 

14 C.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 of the SteadiDrone 

QU4D without an airworthiness certificate, no standard will exist for airworthiness. Given the 

size of the aircraft and the previous airworthiness assessments this should not be a factor. 

14 C.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 that the intent of this requirement is to ensure that flight manual 

information is available to the aircrew while operating the aircraft. TMK Bakersville requests an 
exemption to this requirement since the aircraft is small and space does not permit carrying 

documentation. 

The equivalent level of safety will be achieved by keeping a hard copy of the aircraft manual 

with the operator. 

14 C.F.R. § 91.109(a) & 91.319(a)(1}: Flight Instruction 

The regulation provides that "No person may operate a civil aircraft that is being used for flight 

instruction unless that aircraft has fully functioning dual controls." 

Remotely piloted aircraft by design do not have functional dual controls. Instead flight control is 

accomplished through the use of a box that 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 of 200 feet AGL, the SteadiDrone QU4D 

cannot comply with this requirement. 

The equivalent level of safety will be achieved because the SteadiDrone QU4D will only fly over 

private property with the permission of the landowner. The landowner and the persons 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 

SteadiDrone QU4D and the material with which the SteadiDrone QU4D is built, the hazard to 

persons, vessels, and structures is not comparable to manned aircraft and should be considered 

in granting the exemption. 

Moreover, the aircraft will not be operated over congested areas nor over any open-air 

assembly of persons. The aircraft will be operated at an altitude allowing, if a power unit fails, 

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 

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: 

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 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 SteadiDrone QU4D, TMK Bakersville believes that an 

equivalent level of safety is already achieved with the specific procedure preventing the aircraft 

to accept a take-off order if the 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 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 authorization issued under §91.715 is 

displayed at the 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 or to display them on the UAS. In addition, there is no 

pilot or passengers on board the aircraft. 

To obtain an equivalent level of safety and meet the intent of 91.203, All documents deemed 

appropriate for .this aircraft by the 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 that the operator is primarily responsible for maintaining the aircraft in 

an airworthy c~>ndition, 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 and annual inspection 

for the issuance of an airworthiness certificate. Section 91.417(a) requires 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. 

The maintenance of the aircraft will be accomplished by TMK 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 most familiar with the aircraft and is best suited to 

maintain the aircraft in an airworthy condition and to ensure an equivalent level of safety. 

Finally, before every flight, the aircraft runs automatically a sequence of pre-flight tests to make 

sure that every sensor and every critical part is running properly. 

Sincerely, 

Thad Gerber 

TMK Bakersville 

V.P. Finance