April 17, 2015 

 Exemption No. 11355 

 Regulatory Docket No. FAA−2014−1096 

Mr. Bradley PufPaff 

Stark Aerospace Inc. - 

Stark Defense Services 

319 Charleigh D. Ford, Jr. Drive 

Columbus, MS 39701 

Dear Mr. PufPaff: 

This letter is to inform you that we have granted your request for exemption. It transmits our 

decision, explains its basis, and gives you the conditions and limitations of the exemption, 

including the date it ends. 

The Basis for Our Decision 

By letter dated December 18, 2014, you petitioned the Federal Aviation Administration 

(FAA) on behalf of Stark Aerospace Inc. - Stark Defense Services (hereinafter petitioner or 

operator) for an exemption. The exemption would allow the petitioner to operate an 

unmanned aircraft system (UAS) in agricultural 3d mapping service operations, oil and gas 

exploration, and pipeline inspection. 

See Appendix A for the petition submitted to the FAA describing the proposed operations and 

the regulations that the petitioner seeks an exemption. 

The FAA has determined that good cause exists for not publishing a summary of the petition 

in the Federal Register because the requested exemption would not set a precedent, and any 

delay in acting on this petition would be detrimental to the petitioner. 

Airworthiness Certification 

The UAS proposed by the petitioner is a Stark Aerospace ArrowLite. 
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The petitioner requested relief from 14 CFR part 21, Certification procedures for products 

and parts, Subpart H—Airworthiness Certificates. In accordance with the statutory criteria 

provided in Section 333 of Public Law 112−95 in reference to 49 U.S.C. § 44704, and in 

consideration of the size, weight, speed, and limited operating area associated with the 

aircraft and its operation, the Secretary of Transportation has determined that this aircraft 

meets the conditions of Section 333. Therefore, the FAA finds that the requested relief from 

14 CFR part 21, and any associated noise certification and testing requirements of part 36, is 

not necessary. 

The Basis for Our Decision 

You have requested to use a UAS for aerial data collection. The FAA has issued grants of 

exemption in circumstances similar in all material respects to those presented in your petition. 

In Grants of Exemption Nos. 11062 to Astraeus Aerial (see Docket No. FAA−2014−0352), 

11109 to Clayco, Inc. (see Docket No. FAA−2014−0507), 11112 to VDOS Global, LLC (see

Docket No. FAA−2014−0382), and 11213 to Aeryon Labs, Inc. (see Docket No. 

FAA−2014−0642), the FAA found that the enhanced safety achieved using an unmanned 

aircraft (UA) with the specifications described by the petitioner and carrying no passengers or 

crew, rather than a manned aircraft of significantly greater proportions, carrying crew in 

addition to flammable fuel, gives the FAA good cause to find that the UAS operation enabled 

by this exemption is in the public interest. 

Having reviewed your reasons for requesting an exemption, I find that— 

 They are similar in all material respects to relief previously requested in Grant of 

Exemption Nos. 11062, 11109, 11112, and 11213; 

 The reasons stated by the FAA for granting Exemption Nos. 11062, 11109, 11112, and 

11213 also apply to the situation you present; and 

 A grant of exemption is in the public interest. 

Our Decision 

In consideration of the foregoing, I find that a grant of exemption is in the public interest. 

Therefore, pursuant to the authority contained in 49 U.S.C. 106(f), 40113, and 44701, 

delegated to me by the Administrator, Stark Aerospace Inc. - Stark Defense Services is 

granted an exemption from 14 CFR §§ 61.23(a) and (c), 61.101(e)(4) and (5), 61.113(a), 

61.315(a), 91.7(a), 91.119(c), 91.121, 91.151(a)(1), 91.405(a), 91.407(a)(1), 91.409(a)(1) and 

(2), and 91.417(a) and (b), to the extent necessary to allow the petitioner to operate a UAS to 

perform aerial data collection. This exemption is subject to the conditions and limitations 

listed below. 
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Conditions and Limitations 

In this grant of exemption, Stark Aerospace Inc. - Stark Defense Services is hereafter referred 

to as the operator. 

Failure to comply with any of the conditions and limitations of this grant of exemption will be 

grounds for the immediate suspension or rescission of this exemption. 

1. Operations authorized by this grant of exemption are limited to the Stark Aerospace 

ArrowLite when weighing less than 55 pounds including payload. Proposed operations 

of any other aircraft will require a new petition or a petition to amend this exemption. 

2. Operations for the purpose of closed-set motion picture and television filming are 

not permitted. 

3. The UA may not be operated at a speed exceeding 87 knots (100 miles per hour). The 

exemption holder may use either groundspeed or calibrated airspeed to determine 

compliance with the 87 knot speed restriction. In no case will the UA be operated at 

airspeeds greater than the maximum UA operating airspeed recommended by the 

aircraft manufacturer. 

4. The UA must be operated at an altitude of no more than 400 feet above ground level 

(AGL). Altitude must be reported in feet AGL. 

5. The UA must be operated within visual line of sight (VLOS) of the PIC at all times. 

This requires the PIC to be able to use human vision unaided by any device other than 

corrective lenses, as specified on the PIC’s FAA-issued airman medical certificate or 

U.S. driver’s license. 

6. All operations must utilize a visual observer (VO). The UA must be operated within 

the visual line of sight (VLOS) of the PIC and VO at all times. The VO may be used 

to satisfy the VLOS requirement as long as the PIC always maintains VLOS 

capability. The VO and PIC must be able to communicate verbally at all times; 

electronic messaging or texting is not permitted during flight operations. The PIC must 

be designated before the flight and cannot transfer his or her designation for the 

duration of the flight. The PIC must ensure that the VO can perform the duties 

required of the VO. 

7. This exemption and all documents needed to operate the UAS and conduct its 

operations in accordance with the conditions and limitations stated in this grant of 

exemption, are hereinafter referred to as the operating documents. The operating 

documents must be accessible during UAS operations and made available to the 

Administrator upon request. If a discrepancy exists between the conditions and 

limitations in this exemption and the procedures outlined in the operating documents, 
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the conditions and limitations herein take precedence and must be followed. 

Otherwise, the operator must follow the procedures as outlined in its operating 

documents. The operator may update or revise its operating documents. It is the 

operator’s responsibility to track such revisions and present updated and revised 

documents to the Administrator or any law enforcement official upon request. The 

operator must also present updated and revised documents if it petitions for extension 

or amendment to this grant of exemption. If the operator determines that any update or 

revision would affect the basis upon which the FAA granted this exemption, then the 

operator must petition for an amendment to its grant of exemption. The FAA’s UAS 

Integration Office (AFS-80) may be contacted if questions arise regarding updates or 

revisions to the operating documents. 

8. Any UAS that has undergone maintenance or alterations that affect the UAS operation 

or flight characteristics, e.g. replacement of a flight critical component, must undergo 

a functional test flight prior to conducting further operations under this exemption. 

Functional test flights may only be conducted by a PIC with a VO and must remain at 

least 500 feet from other people. The functional test flight must be conducted in such 

a manner so as to not pose an undue hazard to persons and property. 

9. The operator is responsible for maintaining and inspecting the UAS to ensure that it is 

in a condition for safe operation. 

10. Prior to each flight, the PIC must conduct a pre-flight inspection and determine the 

UAS is in a condition for safe flight. The pre-flight inspection must account for all 

potential discrepancies, e.g. inoperable components, items, or equipment. If the 

inspection reveals a condition that affects the safe operation of the UAS, the aircraft is 

prohibited from operating until the necessary maintenance has been performed and the 

UAS is found to be in a condition for safe flight. 

11. The operator must follow the UAS manufacturer’s maintenance, overhaul, 

replacement, inspection, and life limit requirements for the aircraft and aircraft 

components. 

12. Each UAS operated under this exemption must comply with all manufacturer safety 

bulletins. 

13. Under this grant of exemption, a PIC must hold either an airline transport, 

commercial, private, recreational, or sport pilot certificate. The PIC must also hold a 

current FAA airman medical certificate or a valid U.S. driver’s license issued by a 

state, the District of Columbia, Puerto Rico, a territory, a possession, or the Federal 

government. The PIC must also meet the flight review requirements specified in 

14 CFR § 61.56 in an aircraft in which the PIC is rated on his or her pilot certificate. 
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14. The operator may not permit any PIC to operate unless the PIC demonstrates the 

ability to safely operate the UAS in a manner consistent with how the UAS will be 

operated under this exemption, including evasive and emergency maneuvers and 

maintaining appropriate distances from persons, vessels, vehicles and structures. PIC 

qualification flight hours and currency must be logged in a manner consistent with 

14 CFR § 61.51(b). Flights for the purposes of training the operator’s PICs and VOs 

(training, proficiency, and experience-building) and determining the PIC’s ability to 

safely operate the UAS in a manner consistent with how the UAS will be operated 

under this exemption are permitted under the terms of this exemption. However, 

training operations may only be conducted during dedicated training sessions. During 

training, proficiency, and experience-building flights, all persons not essential for 

flight operations are considered nonparticipants, and the PIC must operate the UA 

with appropriate distance from nonparticipants in accordance with 14 CFR § 91.119. 

15. UAS operations may not be conducted during night, as defined in 14 CFR § 1.1. All 

operations must be conducted under visual meteorological conditions (VMC). Flights 

under special visual flight rules (SVFR) are not authorized. 

16. The UA may not operate within 5 nautical miles of an airport reference point (ARP) as 

denoted in the current FAA Airport/Facility Directory (AFD) or for airports not 

denoted with an ARP, the center of the airport symbol as denoted on the current FAApublished aeronautical chart, unless a letter of agreement with that airport’s 

management is obtained or otherwise permitted by a COA issued to the exemption 

holder. The letter of agreement with the airport management must be made available 

to the Administrator or any law enforcement official upon request. 

17. The UA may not be operated less than 500 feet below or less than 2,000 feet 

horizontally from a cloud or when visibility is less than 3 statute miles from the PIC. 

18. If the UAS loses communications or loses its GPS signal, the UA must return to a predetermined location within the private or controlled-access property. 

19. The PIC must abort the flight in the event of unpredicted obstacles or emergencies. 

20. The PIC is prohibited from beginning a flight unless (considering wind and forecast 

weather conditions) there is enough available power for the UA to conduct the 

intended operation and to operate after that for at least five minutes or with the reserve 

power recommended by the manufacturer if greater. 

21. Air Traffic Organization (ATO) Certificate of Waiver or Authorization (COA). All 

operations shall be conducted in accordance with an ATO-issued COA. The 

exemption holder may apply for a new or amended COA if it intends to conduct 

operations that cannot be conducted under the terms of the attached COA. 
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22. All aircraft operated in accordance with this exemption must be identified by serial 

number, registered in accordance with 14 CFR part 47, and have identification (NNumber) markings in accordance with 14 CFR part 45, Subpart C. Markings must be 

as large as practicable. 

23. Documents used by the operator to ensure the safe operation and flight of the UAS and 

any documents required under 14 CFR §§ 91.9 and 91.203 must be available to the 

PIC at the Ground Control Station of the UAS any time the aircraft is operating. These 

documents must be made available to the Administrator or any law enforcement 

official upon request. 

24. The UA must remain clear and give way to all manned aviation operations and 

activities at all times. 

25. The UAS may not be operated by the PIC from any moving device or vehicle. 

26. All Flight operations must be conducted at least 500 feet from all nonparticipating 

persons, vessels, vehicles, and structures unless: 

a. Barriers or structures are present that sufficiently protect nonparticipating persons 

from the UA and/or debris in the event of an accident. The operator must ensure 

that nonparticipating persons remain under such protection. If a situation arises 

where nonparticipating persons leave such protection and are within 500 feet of 

the UA, flight operations must cease immediately in a manner ensuring the safety 

of nonparticipating persons; and 

b. The owner/controller of any vessels, vehicles or structures has granted permission 

for operating closer to those objects and the PIC has made a safety assessment of 

the risk of operating closer to those objects and determined that it does not 

present an undue hazard. 

The PIC, VO, operator trainees or essential persons are not considered 

nonparticipating persons under this exemption. 

27. All operations shall be conducted over private or controlled-access property with 

permission from the property owner/controller or authorized representative. 

Permission from property owner/controller or authorized representative will be 

obtained for each flight to be conducted. 

28. Any incident, accident, or flight operation that transgresses the lateral or vertical 

boundaries of the operational area as defined by the applicable COA must be reported 

to the FAA's UAS Integration Office (AFS-80) within 24 hours. Accidents must be 

reported to the National Transportation Safety Board (NTSB) per instructions 

contained on the NTSB Web site: www.ntsb.gov. 
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If this exemption permits operations for the purpose of closed-set motion picture and 

television filming and production, the following additional conditions and limitations apply. 

29. The operator must have a motion picture and television operations manual (MPTOM) 

as documented in this grant of exemption. 

30. At least 3 days before aerial filming, the operator of the UAS affected by this 

exemption must submit a written Plan of Activities to the local Flight Standards 

District Office (FSDO) with jurisdiction over the area of proposed filming. The 3-day 

notification may be waived with the concurrence of the FSDO. The plan of activities 

must include at least the following: 

a. Dates and times for all flights; 

b. Name and phone number of the operator for the UAS aerial filming conducted 

under this grant of exemption; 

c. Name and phone number of the person responsible for the on-scene operation of 

the UAS; 

d. Make, model, and serial or N-Number of UAS to be used; 

e. Name and certificate number of UAS PICs involved in the aerial filming; 

f. A statement that the operator has obtained permission from property owners 

and/or local officials to conduct the filming production event; the list of those 

who gave permission must be made available to the inspector upon request; 

g. Signature of exemption holder or representative; and 

h. A description of the flight activity, including maps or diagrams of any area, city, 

town, county, and/or state over which filming will be conducted and the altitudes 

essential to accomplish the operation. 

31. Flight operations may be conducted closer than 500 feet from participating persons 

consenting to be involved and necessary for the filming production, as specified in the 

exemption holder’s MPTOM. 

Unless otherwise specified in this grant of exemption, the UAS, the UAS PIC, and the UAS 

operations must comply with all applicable parts of 14 CFR including, but not limited to, 

parts 45, 47, 61, and 91. 

 
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This exemption terminates on April 30, 2017, unless sooner superseded or rescinded. 

Sincerely, 

/s/ 

John S. Duncan 

Director, Flight Standards Service 

 
Bradley Pufpaff 

T: + 1 850 225-3903 

bpufpaff@ starkds.com 

December 18,2014 

U.S. Department of Transportation 

Docket Management System 

1200 New Jersey Ave., SE 

Washington, DC 20590 

Re: Exemption Request Section 333 of the FAA Reform Act and Part 11 of the 

Federal Aviation Regulations from 14 C.P.R. 45.23(b); 14 CFR Part 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 Sir or Madam: 

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

and 14 C.P.R. Part 11, Stark Aerospace Inc, developer and operator of small Unmanned Aircraft 

Systems ("sUAS") equipped to conduct aerial photography and 3d mapping for the Agricultural 

Industry to help Farmers in the US get higher yield on their products and to help prevent 

contamination of farm lands if there was a manned aircraft accident, hereby applies for an exemption 

from the listed Federal Aviation Regulations ("PARs") to allow commercial operation of its sUASs, 

so long as such operations are conducted within and under the conditions outlined herein or as may be 

established by the FAA as required by Section 333. 

As described more fully below, the requested exemption would permit the operation of small 

Unmanned and relatively inexpensive sUAS under controlled conditions in airspace that is 1) limited 

2) predetermined 3) controlled as to access and 4) would provide safety enhancements to the already 

safe operations in the Agricultural and Oil and Gas Industry presently using conventional aircraft. 

Approval of this exemption would thereby enhance safety and fulfill the Secretary of Transportation's 

(the FAA Administrator's) responsibilities to" ... establish requirements for the safe operation of such 

aircraft systems in the national airspace system." 

The name and address of the applicant is: 

Stark Aerospace Inc - Stark Defense Services 

Attn: Bradley PufPaff 

Ph: 850-225-3903 

Email: bpufpaff@starkds.com 

Address: 319 Charleigh D. Ford, Jr. Drive, Columbus, MS 39701 

1 
The conditions proposed by the applicant are drawn from order 8900.1 CHG 0 

Regulations from which the exemption is required 

14 CFR Part 21 

14 C.P.R. 45.23(b) 

14 CFR 61.113 (a) & (b) 

14 C.P.R. 91.7 (a) 

14 CFR 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 

14 CFR 91.151 (a) 

14 CFR 91.203 (a) & (b) 

14 CFR 91.405 (a) 

14 CFR407 (a) (1) 

14 CFR409 (a) (2) 

14 CFR 417 (a) & (b) 

This exemption application is expressly submitted to fulfill Congress' goal in passing Section 

333( a) through (c) of the Reform Act. This law directs the Secretary of Transportation to consider 

whether certain unmanned aircraft systems may operate safely in the national airspace system (NAS) 

before completion of the rulemaking required under Section 332 of the Reform Act. In making this 

determination, the Secretary is required to determine which types of sUASs do not create a hazard to 

users of the NAS or the public or pose a threat to national security in light of the following: 

• The sUAS's size, weight, speed, and operational capability 

• Operation ofthe sUAS in close proximity to airports and populated areas; and 

• Operation of the sUAS within visual line of sight of the 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 of such aircraft in the 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 of the 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 of the UAS, if it should be determined that the conditions set forth herein 

do not fulfill the statutory requirements for approval. 

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The Administrator may grant an exemption from a requirement of a regulation 

prescribed under subsection (a) or (b) of this section or any sections 44702-44716 of this title 

if the Administrator finds the exemption in the public interest. 49 U.S.C. Section 44701(f) 

see also 49 USC Section 44711(a); 49 USC Section 44704; 14 CFR 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 of no more than 70 knots. They 

will operate in a line of sight and will operate only within the sterile area made up of Farm 

land, Gas and Oil Fields, Power Utility Grid, Pipeline Inspection and Cell Towers locations. 

Given the small size of the sUASs 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 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 of the requested exemptions is in the 

public interest. Accordingly, the applicant respectfully requests that the FAA grant the 

requested exemption without delay. 

AIRCRAFT AND EQUIVELANT LEVEL OF SAFETY 

The applicant proposes 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 of sight of a 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 of Mulitcopters is 90 minutes launch to land 

4. Flights will be operated at an altitude of no more than 1,500feet AGL. 

5. Minimum crew for each operation will consist of the 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 

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8. 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. It will be mandatory that all personal that will be performing 

duties within boundaries of the safety perimeter be present for this briefing. 

10. The operator will obtain the consent of all persons involved in the flying area and ensure 

that only consenting persons be allowed within 100 feet of the 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 of Activities to the FSDO three days before the 

proposed flights. 

12. Pilot and observer will have been trained in the operation of UAS generally and received 

up-to-date information on the particular UAS. Observer and Pilot will at all times be able 

to communicate by voice or text. 

13. Written and/or oral permission from the relevant property holders will be obtained. 

14. All required permissions and permits will be obtained from territorial, state, county, or 

city jurisdictions, 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 

capability to return to a pre-determined location within the Security Perimeter and land. 

16. The sUAS will have capability to abort flight in case of unpredictable obstacles or 

emergencies. 

17. Section 333 Air Worthiness Exemption is transferable from manufacture to operator upon 

completion of all requirements defined in this petition. 

14 C.F.R. Part 21, Subpart H: Air worthiness certificates 14 C.F.R. Section 91.203 (a) (1) 

Subpart H, entitled Airworthiness Certificates, establishes the procedural requirements for the 

issuance of airworthiness 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 exemption from Part 

21 Subpart H meets the requirements of an equivalent level of safety under Part 11 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, proximity to airports 

and populated areas of the particular sUAS. In all cases, an analysis of these 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 without the retractions 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 of the 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 of safety to public and property owners than 

conventional operations conducted with airworthiness certificates issued under 14 C.F.R. Part 21, 

Subpart H. Lastly, application of these same criteria demonstrates that there is no credible threat to 

national security posed by the sUAS, 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. 

4 
14 C.F .R. Section 45.23 (b). Marking of the 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 of safety 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 of the sUAV 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: Pilot in 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 Sport Pilot'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 of safety 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 of the 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 of safety achieved by 14 C.P.R. §61,113 (a) & 

(b). 

14 C.F.R. §91.7 (a): Civil Aircraft Airworthiness. 

The regulation requires that no 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 of safety will be provided. 

5 
14 C.F.R. § 91.9 (b) (2): Civil Aircraft Flight Manual 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 

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 

capacity to carry such an item on the 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 of the 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 and takeoff distances and aircraft performance data before initiation of flight. 

14 C.F.R. §91.109: Flight instruction 

Section 91.103 provides that no person may operate a civil aircraft (except a manned free 

balloon) that is being used for flight instruction unless that aircraft has 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 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 safety provided by that neither 

a pilot nor passengers will be carried in the aircraft and by the size and speed of the 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 of up 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 needed to allow such operations. As set 

forth by herein, except for 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 

their pre-obtained consent. 

6 
The equivalent level of safety will be achieved given the size, weight, speed of the 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 of the planned flight operations as 

set forth in the SOP. Compared to flight operations with aircraft or rotorcraft weighing more far more 

than the maximum 55lbs. proposed herein and the lack of flammable 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 addition, the low-altitude operations of the sUAS will ensure separation between 

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 Check list, confirming the altitude of the 

launch site shown on the GPS altitude indicator before flight. 

14 C.F.R. §91.151(a): Fuel Requirements for Flight in VFR Conditions 

Section 91.151 (a) prohibits and individual from beginning "a flight in an airplane under VFR 

conditions unless (considering wind and forecast weather conditions) there is enough fuel to fly to the 

first point of intended landing, and assuming normal cruising speed- (1) During the day, to fly after 

that for at least 30 minutes; or (2) At night, to fly after that for at least 45 minutes." 

The battery powering the sUAS provides approximately 8 hours of powered 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 of its proposed operations within a predetermined area, a longer time frame for 

flight in daylight or night VFR conditions 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 of reserve fuel, does not engender the type of risk 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 will be granted. 

Applicant believes that an equivalent level of safety can be achieved by limiting flights to 7 

hrs 30 minutes or 25% of battery power whichever happens first. This restriction would be more than 

adequate to return the sUAS to its planned landing zone from anywhere in its limited operating area. 

Similar exemptions have been granted to other operations, including Exemptions 2689F, 

5745, 10673, and 10808. 

7 
14 C.F.R. §91.203 (a) and (b): Carrying Civil Aircraft Certification and Registration 

The regulation provides in pertinent part: 

(a) Except as provided in §91.715, no person may operate a civil aircraft unless it 

has within it the following: 

(1) An appropriate and current airworthiness certificate ... 

(b) 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 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 them on 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 extent they are applicable to the sUAS. The FAA has 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) of this section, have discrepancies repaired as prescribed 

in part 43 of this chapter. .. ," and others shall inspect or maintain the aircraft in compliance 

with part 43. 

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 of time. If mechanical 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 Federal Register, should it be determined that publication is needed: 

Applicant seeks an exemption from the following rules: 

8 
14 C.P.R. §21, subpart H; 14 C.P.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 (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 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 of jet 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 

expose them to the risks associated with manned aircraft flights. 

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 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 of the criteria provided in Section 333 of the Reform Act of 2012-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 adequate justification 

for the grant of the requested exemptions allowing commercial operation of applicant's sUAS 

in the commercial industry described in this exemption petition. 

Sincerely, 

Bradley PufPaff-President 

Stark Defense Services - Stark Aerospace Division 

9 
Appendix A: sUAS Defined for exemption per this petition 

10 
11 
Air 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 1 OMP Color Daylight camera with five Fov, 640x480 IR with four 

FoV and IR Laser Illuminator 

• HD capable 

Modular Load Out Transport Kit 

• Carrier Transport Unit fitted 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) 

13