Dan Smith T: + 1 662-889-4075 X 1131 DSmith@starkaerospace.com

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

Re: ExemptionRequest Section 333 ofthe FAAReformAct andPart 11 ofthe FederalAviation Regulations from 14 C.P.R. 45.23(b); 14 CFRPart 21; 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)

Dear SirorMadam: Pursuantto Section 333 ofthe FAAModernization and ReformActof2012 (the ReformAct) and 14 C.P.R. Part 11, StarkAerospace Inc, Manufacture and operatorofsmall HoverliteTM Tethered Aerial Platform ("TAP") equippedto conduct aerial photography and 3dmappingfor the Agricultural Industry to help Farmers inthe US get higheryield ontheirproducts, TowerandPipeline Inspection, Realist ate photography and Movie andNews video gathering, hereby applies for an exemptionfrom the listedFederal AviationRegulations ("FARs") to allow commercial operationfor its" TAP", so long as such operations are conducted within and underthe conditions outlinedherein or as maybe establishedby the FAA as requiredby Section 333. As describedmore fully below, the requested exemption would permitthe operation ofa small HoverliteTM TetheredAerial Platform ("TAP") andrelatively inexpensive HoverliteTMTAP undercontrolled conditions in airspace thatis 1) limited2) predetermined 3) controlled as to access and 4) wouldprovide safety enhancementsto the already safe operations in the 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 applicantis: StarkAerospace Inc Attn: Dan Smith Ph: +1 662-889-4075 x1131 Email: DSmith@starkaerospace.com Address: 319 CharleighD. Ford, Jr. Drive, Columbus, MS 39701



### 1Theconditionsproposedbythe applicant are drawnfrom order 8900.1 CHG0
Regulations from which the exemptionisrequired 14 CFRPart 21 14 C.P.R. 45.23(b) 14 CFR61.113 (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 application is expressly submittedto fulfill Congress goal in passing Section 333(a) through (c) ofthe ReformAct. Thislawdirects the Secretary ofTransportationto consider whether certain unmanned aircraft systems may operate safely in the national airspace system (NAS) before completion oftherulemakingrequiredunder Section 332 ofthe ReformAct. 

### In making this determination, the Secretary is requiredto determine whichtypes ofT APSs do notcreate a hazardto users ofthe NAS orthepublic orpose a threatto national security in lightofthefollowing:

• TheHoverliteTM TAP's size, weight, speed, and operational capability • Operation ofthe HoverliteTM TAPin closeproximityto airports andpopulated areas; and • Operation ofthe HoverliteTM TAPwithin limits ofthetether andthe operator. Reform Act Section 333 (a). Lastly, if the Secretary determines that such operations "may operate safely inthe national airspace system, the Secretary shall establishrequirements for the safe operation ofsuch aircraft inthe national 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 oftheAct that includes HoverliteTMTAPs, from the requirementthat 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 TAP, ifit should be determined that the conditions set forth herein do notfulfill the statutoryrequirements for approval.



### 2

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

### see also 49 USC Section447ll(a); 49 USC Section44704; 14 CFRSection 91.203 (a) (1). 

### Stark Aerospace Inc

- HoverLite TAPs rotorcraft, weighing 55 or fewer or lbs. including payload. They operate, under normal conditions at a speed of no more than 20 knots and in the case of our HoverliteTM TAP have a capability to hover, and move in the vertical and horizontal plane simultaneously. They will operate in a Safety Circular and will operate only within the sterile area made up offarm land, power and utility grid and Video area. Given the small size of the HoverliteTM TAPs involved and restricted sterile environment within which they will operate, the applicant falls squarely within that zone of safety (an equivalent level of safety) in which Congress envisioned that the FAA must, by exemption, allow commercial operations of HoverliteTM TAPs to commence immediately. Also due to the size ofthe HoverliteTM TAPs and the restricted areas in which the relevant HoverliteTM TAPs will operate, approval ofthe 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 exemptions associated with allowing HoverliteTM TAPs for movie and television operations, the grant ofthe requested exemptions is in the public interest. Accordingly, the applicant respectfully requests that the FAA grant the requestedexemptionwithout delay. AIRCRAFTANDEQUIVELANTLEVEL OF SAFETY The applicant proposes that the exemption requested herein apply to the HoverLiteTM TAP 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 withconventional aircraft. 1. 

### The HoverliteTM TAPs will weigh less than 55lbs. 2. Flights are operated within line of sight and length ofthe tether, of an 

### operator and/or observing. 3. Maximum total flight time is unlimited with the HoverLiteTM TAP due to its powered umbilical tethered system which is groundbased. 4. Flights will be operational will be operated at an altitude ofno more than 400 feet AGL or 5feet above the structure. 5. Minimum crew for each operation will consist of the HoverliteTM TAP Operator, and Visual Observer. 6. HoverliteTM TAP operators will be certified by the aircraft manufacture for operations and have No Medical required. The observer will hold at least manufactures ground school certificate. No medicalrequired

37. HoverliteTM TAP Operators 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), thatpersoncan alsobe designated as PIC 8. The HoverliteTM TAP will only operate within a confined "sterile area" as defined in the manual. It requires the establishment of a "Security Perimeter" for the flight operations area. 9. A briefing will be conducted in regard to the planned HoverliteTM TAP operations prior to each day's production activities. It will be mandatory that all personal who will be performing duties withinboundaries ofthe safetyperimeterbepresentfor this briefing. 10. The operator will fly a FAA Form 7711-1, or its equivalent, as modified in light ofthe requested exemption, withthe appropriate AirTraffic Organization. 11. The operator will obtain the consent ofall persons involved in the filming and ensure that only consentingpersons be allowed within 165 feet ofthe flight operation, andthis radius may bereduced to 30 feet based upon an equivalentlevel ofsafety and determination, as required by the Manual. With the advanced permission of the FSDO, operations at closerrange canbe approved. 12. Operator and observerwill have been trained in HoverliteTM TAP operations and received up-to-date information on the particular HoverLiteTM TAP to be operated Observer and Operatorwill at all times be able to communicatebyvoice ortext. 13. Written and/or oral permission from the relevantpropertyholders willbeobtained. 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. Ifthe HoverliteTMTAP losses communications oritlosses its GPS signal, the HoverliteTM TAPwill have capabilityretracttobase unit. 16. The HoverliteTM TAP will have capability to abort flight in case of unpredictable obstacles or emergencies. 17. TheHoverliteTMTAP airworthiness willbetransferable from manufacture to operator.

14 C.F.R. Part21, SubpartH: Airworthiness certificates 14 C.F.R. Section 91.203 (a) (1) Subpart H, entitled Airworthiness Certificates, establishes the proceduralrequirements 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 utilizedbythe Applicant, an exemption from Part 21 Subpart H meets the requirements ofan equivalent level ofsafety underPart 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 of the particular HoverLiteTM TAP. In all cases, an analysis of these criteria demonstrates that the Hover LiteTM TAP 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 without the retractions and conditions proposed. The HoverLiteTM TAP 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 outin manual. Unlike other civil aircraft, operations under this exemption will be tightly controlled and monitored by both the operator and, pursuant to the manuals requirements, and under the requirements and in compliance to local public safety requirements, to provide security ofthe area ofoperation as is now done with conventional filming. The FAA will have advance notice of all operations. These safety enhancements, which already



### 4apply to civil aircraft operated in connection to motion picture and television production, provide a greater degree of safety to public and property owners than conventional operations conducted with airworthiness certificates issuedunder 14 C.P.R. Part 21, Subpart H. Lastly, application ofthese same criteria demonstrates that there is no credible threat to national security posed by the HoverLiteTM TAP, due to its size, speed of operation, location of operation, lack of explosive materials or flammable liquid fuels, and inability to carry a substantial external load. In addition StarkAerospace Inc wants to be able to transfer all associated paperwork such as this Section 333 Airworthiness Certificate for HoverLiteTM TAP to customers which purchase our systems for operations defined in this document. 14 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 orprovisionally 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 Hover LiteTMTAP will have no airworthiness certificate, andexemption may be needed as the HoverLiteTM TAP will have no entrance to the cabin, cockpit or pilot station on which the word "experimental" can be placed. Given the size ofthe HoverLiteTM TAP, the two inch lettering will be impossible. The word "experimental" will be placed on the fuselage in compliance with 

### §45.29 (f).

The equivalentlevel ofsafety will beprovidedbyhaving the HoverLiteTM TAP marked on it fuselage as required by §45.29 (f) where the operator, observer and others working with the HoverLiteTM TAP will see the identification ofthe HoverLiteTM TAP as "Experimental." The FAA has issued the following exemptions to this regulation to exemptions to this regulation to 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 HoverLiteTM TAP will not carry a pilot or passengers and be tethered to the ground, the proposed operations can achieve the equivalent level of safety of current operations by requiring the PIC operating the aircraft to have Factor Training, rather than have than a commercial pilots license to operate this small HoverLiteTM TAP. Unlike a conventional aircraft that carries a pilot and passengers, the HoverLiteTM TAP 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. The level ofsafety providedby therequirements included inthe manual exceeds that providedby a single individual holding a commercial pilot's certificate operating a conventional aircraft.. The risks associated with the operation of the HoverLiteTM TAPS are so diminished from the level of risk associated with the operation of a commercial operations contemplated with Part 61 when drafted,



### 5that allowing operations ofthe HoverLiteTM TAP as requested with a Factory Trained Operator as the PIC exceeds thepresentlevel ofsafety achievedby 14 C.F.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 should this exemption be granted, no FAA regulatory standard will exist for determining airworthiness. Given the size ofthe aircraft and therequirements containedinthe manual for maintenance and use ofsafety check lists prior to each flight, as set forth in the manual and equivalent level of safety will be provided. 14 C.F.R. § 91.9 (b) (2): Civil AircraftFlightManual inthe Aircraft Section 91.9 (b) (2) provides: No person may operate a U.S.-registeredcivil 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 HoverLiteTM TAP, 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, butbecause there is no room orcapacity 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 operator flying the HoverLiteTM TAP 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: Preflightaction 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 the manual. The OIC will take all actions including reviewing weather, flight battery requirements, landing and takeoffdistances 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)thatis beingused for flight instructionunless that aircrafthas fully functioning dual controls. HoverLiteTM TAPs and remotely controlled aircraft, by there design do not have fully functioning dual controls. Flight control is accomplished though the use of a 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 equivalent level of safetyprovided by thatneither a pilot norpassengers will be carried inthe aircraft and bythe size and speed ofthe aircraft.



### 614 C.F.R. §91.119: Minimum safealtitudes Section 91.119 establishes safe altitudes for operations ofcivil 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 HoverLiteTM TAP that is a helicopter and the exemption requests authority to operate at altitudes ofup to 400 AGL, or not more than 200 above an elevated platform from which filming is planned, an exemption is may be needed to allow such operations. As set forth by herein, exceptfor the limitedconditions stated inthe Manual, the HoverLiteTM TAP will never operate higher than 400 AGL. It will however be operated in a restricted area with a security perimeter, where buildings andpeople will notbe exposedto operations withouttheirpre-obtainedconsent. The equivalent level of safety will be achieved given the size, weight, speed of the HoverLiteTM TAP 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 filming activity, all affected individuals will be aware ofthe planned flight operations as set forth in the Manual. Compared to flight operations with aircraft or rotorcraft weighing more far more than the maximum 55lbs. proposed herein and the lack offlammable fuel, any risk of associated with these operations is far less than those presently presented with conventional aircraft operating at or below 500 AGL in the filming industry. In addition, the lowaltitude operations ofthe HoverLiteTM TAP will ensure separation between these small HoverLiteTM TAP operations and the operations of conventional 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 a altimeter that is set "

...to the elevation of the departure airport or an appropriate altimeter setting available before departure." As the HoverLiteTM TAP 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, pursuantto the Manual and Safety Checklist, confirming the altitude ofthe launch site shown on the GPS altitude indicatorbefore flight. 14 C.F.R. §91.1Sl(a): Fuel Requirements for FlightinVFR 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 to the first point ofintended landing, and assuming normal cruising speed- (1) During the day, to fly after thatfor atleast 30minutes; or (2) At night, tofly afterthatfor atleast45 minutes." The battery powering the HoverLiteTM TAP provides unlimited power through the powered umbilical/tether. Given the limitations on the HoverLiteTM TAP's proposed flight area and the location of its 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 HoverLiteTM TAP, 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)



### 7was intended to alleviate given the size speed of the HoverLiteTM TAP. Additionally, limiting HoverLiteTM TAP flights to 8 hours would greatly reduce the utility for which the exemption will be granted.Applicant believes that an equivalent level of safety can be achieved by limiting flights to 8 hours or25% ofbatterypowerwhicheverhappens first. This restriction wouldbe more than adequate to return theHoverLiteTM TAPto its landing zone from anywhere in its limitedoperating area. Similar exemptions have been granted to other operations, including Exemptions 2689F, 5745, 10673, and 10808. 14 C.F.R. §91.203 (a) and (b): Carrying Civil Aircraft Certificationand 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 current airworthiness 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 HoverLiteTM TAP 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 themon the HoverLiteTM TAP. An equivalent level of safety will be achieved by keeping these documents at the ground control point where the pilot flying the HoverLiteTM TAPwill have immediate access to them, to the extent they are applicable to the HoverLiteTM TAP. The FAA has issued numerous exemptions to this regulation. A representative sample of other exemptions includes ExemptionNos. 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 "shallhave that aircraftinspected as prescribedin subpartE ofthis part and shall betweenrequired inspections, except as providedin paragraph (c) ofthis section, have discrepancies repaired as prescribedin part43 ofthis chapter.

..," and others shallinspect ormaintainthe aircraft in compliancewith 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 HoverLiteTM TAP are very limited in size and will carry a medium sized payload and operate only in areas for limited periods of time defined by operation requirements by user. If mechanical issues arise the HoverLiteTM TAPs can land immediately and will be operating from no higher than 400 feet AGL. As provided in the Manual, the operator will ensure that the HoverLiteTM TAP is in working order prior to initiating flight, perform required maintenance, and keep a log of any maintenance preformed. Moreover, the

8operator is the person most familiar with the aircraft and best suited to maintain the aircraft in an airworthy conditionto provide the equivalentlevel ofsafety. Pursuant to 14 C.F.R Part 11, the following summary is provided for publication in the Federal Register, should itbedeterminedthatpublication is needed: Applicant seeks an exemptionfromthe 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 operate commercially a small unmanned vehicle HoverLiteTM TAP (55lbs or less) in the Agricultural 3dMapping Service Operations and defined operations identified inthis petition. Approval of exemptions allowing commercial operations of HoverLiteTM TAPs in the Agricultural 3d mapping/scanning industry and filming will enhance safety by reducing risk. Conventional operations usingjetorpiston aircraft, operate at extremelylow altitudesjustfeet from the equipment and livestock and structures; and present the risks associated with vehicles that weigh inthe neighborhood of3,000-5,000 lbs., carrying large amounts ofjetA or otherfuel in most cases helicopters operating with 140 gallon fuel tanks. The HoverLiteTM TAP will carry no passengers or crew and, therefore, will not expose themto the risks associated with manned aircraft flights. The operations of HoverLiteTM TAPs, weighing less than 55 lbs., conducted in the strict conditions outlined above, will provide an equivalent level ofsafety supporting the grant ofthe Part 21 and allowing commercial operations. These lightweight HoverLiteTM TAPs operate at slow speeds, close to the ground and in sterile environment and tethered, as a result, are far safer than conventional operations conducted with a piston and or turbine 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 criteriaprovidedin 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 ofthe requested exemptions allowing commercial operation of applicant's TAP in commercial industries described inthe petition.
Sincerely,

- ,.. Daniel Smith 2014.12.18 15:33:21 -06'00' Dan Smith StarkAerospace Inc

9

## AppendixA: HoverLiteTAP

Technical Specs:

• Maximum hover height: 165ft • Deployment time: 15 seconds • Wind Limit: 25 Kt**~** 

### 28.8 MPH • T-STAMP Payload



### T-STAMP electro-optical stabilized gimbal payload:

• Stabilization at the nadir by 3-gimbal system • GPS aided IMU on LOS provides target gee-location • Day Channel • Continuous optical zoom (X20) • Thermal Camera • FPA 640x512 pixels • Laser Pointer

10

## Ground Control Module

11

# Platfo,rm Diversity

12