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Callie Groth, Vice President Business Development BrockTek 1124 North Anita Avenue Tucson, Arizona 85705 U.S. Department of Transportation Docket Management System 1200 New Jersey Avenue, SE Washington DC 20590 Re: Exemption Request Pursuant toSection 333 of the FAA Reform Act and Part 11 of the Federal Aviation Regulations from: 14 CFR 21 subpart H; 14 CFR 45.23(b); 14 CFR 61.113(a) and (b); 14 CFR 91.7(a); 14 CFR 91.9(b)(2); 14 CFR 91.103; 14 CFR 91.109; 14 CFR 91.119(a)(b) and (c); 14 CFR 91.121; 14 CFR 91.151(a); 14 CFR 91.203(a) and (b); 14 CFR 91.405 (a); 14 CFR 91.407 (a) (1) 14 CFR 91.409 (a)(1) and (2); 14 CFR 91.417(a) and (b)
Dear Sir or Madam: Pursuant to Section 333 of the FAA Modernization and Reform Act of 2012 (the “Reform Act”) and 14 CFR Part 11, BrockTek, LLC, operator of an Unmanned Aircraft System (UAS), hereby applies for an exemption from the listed FederalAviation Regulations (“FARs”)to allow commercial operation of its SPEAR UAS (hereafter referredto as “the UAS”) with said operations being conducted within and underthe conditions outlined herein or as may be requested by the FAA as required by Section 333. Commercial operation of the UAS, as described herein, which are equipped with autopilot, GPS, barometric static and pitot sensors, and optionally camera, telemetry radio equipment or other experimental payloads would operate in the following manner:
● Ongoing flight operations to support company R&D efforts in, but not limited to, the fields of UAS development, UAS operations, ground control, and UAS telemetry.
● Training persons individually or belonging to both private and/or public organizations that have interests in the use and application of a UAS for the purpose of the safe operation of a UAS to enhance the safety of the National Airspace System (NAS) as well as for the protection of the persons and property.

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● For hire carrying of customer telemetry payload including but not limited to, video imaging, thermal imaging, geophysical, geolocation, or atmospheric sensors. As described fully below, the requested exemption would permit the operation of a UAS under controlled conditions in the NAS that would be a) limited b) controlled c) predetermined and d) will provide safety enhancementstothe already safe operations in the unmanned aerial vehicle industry. Approval ofthis exemption would therefore 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.” **Glossary of Abbreviations** AO Area of Operations AGL Above Ground Level ATC Air Traffic Control COA Certificate of Authorization FAA Federal Aviation Administration FAR Federal Aviation Regulation IP Internal Pilot (secondary pilot operating the ground control station console) MAAP Mid Atlantic Aviation Partnership NAS National Airspace System PIC Pilot in Command POH Pilot Operations handbook PQS Personnel Qualification System Section 333 FAA Modernization and Reform Act of 2012, Section 333 SOP Standard Operating Procedures sUAS Small Unmanned Aircraft Systems VFR Visual Flight Rules VMC Visual Meteorological Conditions VT Virginia Polytechnic Institute VO Visual Observer VLOS Visual Line of Sight
**Section 1: Introduction and Interest of Petitioner** The name and address of the applicant is: Brock Tek Attn: Callie Groth Ph: 520
-790
-5484 Email: callie.groth@brocktekus.com Address: 1124 N. Anita Ave. Tucson, Az. 85705 Brock Tek is a leading developer of UAVs, service operations and support equipment. The mission of Brock Tek is to support, develop and validate unmanned system operations. Regulations from which the exemption is requested: 14 CFR Part 21 subpart H

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14 CFR 45.23 (b) 14 CFR 61.113 (a) & (b) 14 CFR 91.7 (a) 14 CFR 91.9 (b) (2) 14 CFR 91.103 14 CFR 91.109 14 CFR 91.119 (a) & (b) & (c) 14 CFR 91.121 14 CFR 91.151 (a) 14 CFR 91.203 (a) & (b) 14 CFR 91.405 (a) 14 CFR 91.407 (a) (1) 14 CFR 91.409 (a) (1) & (2) 14 CFR 91.417 (a) & (b) Given the moderate size and speed of the UAS and the controlled environment it will be operated in, the proposed operations will adhere to the Reform Act’s safety requirements. The approval of this application presents no national security issues. Regardingthe level of safety surrounding the proposed operations and the public benefit, reduction in environmental impacts, including but not limited to reduced emissions and noise, the grant of the requested exemption is inthe public interest. Accordingly the applicant requeststhat the FAA grant the requested exemption with minimum delay. **Section 2: Unmanned Aerial Systems** The operational limitations proposed make for an equivalent or higher level of safety because the limitations will further enhancethe safety ofthe persons and/or property over using conventional aircraft.These limitations and conditions to which the applicant agrees to adhere to when conducting commercial operations under the FAA issued exemption as set forth in the pilot operating handbook include:
● The UAS will weigh less than 55 lbs.
● The UAS will have a maximum operating airspeed of no more than 50mph.
● Flights will be operated within line of sight of the Pilot in Command (PIC) and/or Visual Observer (VO).
● Using a 4
-stroke gasoline engine propulsion system, maximum flight time for each operational flight will be 2 hours with fuel onboard sufficient to sustain a further 45 minutes of flight.

● Using an electric motor propulsion system, maximum flight time for each operational flight will be 1 hour with a fuel onboard sufficient to sustain a further 30 minutes of flight.
● Flights will be operated at an altitude of no more than 200 feet AGL

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● Minimum crewfor each operationwill consist ofthe UAS Pilot
-in
-Command (PIC) and the Visual Observer (VO), but may also include an internal pilot (IP), ground crew technicians, students, camera operators, or observers.
● A briefing will be performed with all flight operation crew regarding the planned UAS operations prior to each flight consisting of all the operational activities, a safety briefing, and contingency plan briefing.
● All flights will occur under Visual Flight Rules Meteorological Conditions (VMC) only.
● The flights will occur no closer than a 5 mile radius of the geographic center/Airport Reference Point (ARP) of a tower controlled or uncontrolled airport unless a letter of agreement with that airport’s management is obtained, and the operation is conducted in accordance with a NOTAM as required by the operator’s COA.
● The operatorwillfile FAA Form 7711
-1, or its equivalent, as modified in light ofthe requested exemption, with the appropriate local Flight Standards District Office (FSDO) no more than 72 hours but no less than 48 hours from planned operation.
● The operator will obtain verbal/written consent of all persons involved with the planned operation and ensure that only consenting persons will be allowed within 100 feet of the flight operation, and the radius may be reducedto 30 feet based upon an equivalent level of safety determination, as required under the Pilot operating handbook. Withthe advanced permission ofthe FSDO, operations at closer range may be approved.
● If the UAS loses communications with the remote controller or loses GPS signal, the UAS will have the capability to return to a pre
-determined waypoint within a designated location and land autonomously.
● The UAS will have the capability to abort a flight in case of unpredicted obstacles, weather, or emergencies.
● The UAS does not require an airport to takeoff or land. Therefore there will be no additional burden on air traffic control during the ground, takeoff, departure, arrival, and landing phases of flight operations.
● Prior to each flight the PIC shall pre-flight the UAS to ensure it is in a condition for safe flight. If the inspection reveals a condition that affects the safe operation of the UAS, the aircraft will be prohibited from operating until the necessary maintenance has been performed and the UAS is found to be in a condition for safe flight. The Ground Control Station must be included in the preflight inspection. All maintenance and alterations must be properly documented in aircraft records.
● Any UAS that has undergone maintenance or alterations that potentially affect the UAS operation or flight characteristics, e.g. replacement of a flight critical component, shall undergo a functional test flight. The PIC who conducts the functional test flight shall make an entry in the UAS Discrepancy Log and Maintenance Log.
● BrockTek technicians shall follow the UAS aircraft/component, maintenance, overhaul, replacement, inspection and life limit requirements, with particular attention to flight critical components.

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● BrockTek technicians shall carry out their maintenance, inspections and record keeping requirements, in accordance withthe pilot operator handbook. Maintenance, inspection, and alterations must be noted in the UAS Discrepancy Log and Maintenance Log, including total flight hours as indicated on the Hobbs meter, description of work accomplished, and the signature of the authorized maintenance technician returning the UAV to service.
● BrockTektechnicians shall make a record entry in the UAS Discrepancy Log ofthe corrective action taken against discrepancies discovered between inspections. The UAS is a custom designed and custom built, fixed
-wing aircraft with a fuselage length of approximately 75.5 inches and a wingspan of approximately 147 inches. BrockTek Inc. will operate the UAS with a total weight of 38 lbs. or less fully fueled. The UAS can be configured with either an electric motor or a 14cc gasoline 4
-stroke engine. The UAS hastwo control configurations available depending upon the mission being flown:Configuration one is the addition of custom electronics for power management, a Cloud Cap Piccolo SL autopilot module with incorporated Microhard 900Mhz radio modem, GPS module and antenna, and static and pitot tubes to drive the air data sensors. All radio electronics in the UAS are commercial off
-the
-shelf products used in conjunction with the manufacturer's’ specified antennas and as such are fully FCC compliant in this application. Configuration two utilizes the same custom electronics board for power management, but the autopilot is replaced with a standard off
-the
-shelf 2.4GHz RC hobby type radio control system. Both systems may or may not carry video transmitter equipment in, but not limited to, one or more of the following RF spectrum: L
-Band, 2.4Ghz, 5.8Ghz, 1.3Ghz. All radio electronics in all configurations are commercial off
-the
-shelf products, which are fully FCC compliant in this application. Under ideal conditions with no wind and moderate temperatures, the maximum ground speed of the aircraft is 50MPH. The UAS will be controlled through a portable ground control station operating on the 900MHz band (again fully FCC compliant in the configuration being utilized).The ground control station is capable of controlling the aircraft via the autopilot through use of a computer terminal by setting waypoints and allowing the autopilot to navigate the aircraft, or via a pilot console providing direct control of the aircraft flight surfaces, with mode selection being at the command of the pilot at the pilot console (the PIC). The control console software being utilized is the latest released version, and as such contains all the latest improvements and bug fixes. The software will be checked priorto allflight operationsto ensurethe most current release level is in use. At no time will Beta or other non-release status software be employed for UAS flight operations. In addition to setting aircraft waypoints the software allows the establishment of boundaries for the area of operations, should the aircraft leave the AO the PIC can retake manual control of the aircraft, and if unable to do so within a specified time limit the flight can be terminated by the autopilot. The applicantwill operatethe UAS as a flightteam comprised ofthe PIC operating fromthe pilot console or at the computer console, and a VO to meet the VLOS requirements. Optionally, an internal pilot at the computer console, additional ground crew comprised of technicians, video operators, students, and/or observers may or may not be present depending upon the nature of the operation. Operations will take place in rural/remote areas well removed from airfields and heavily populated areas and with the permission of the land owner/s. BrockTek has a successful history of safe and productive flight operations with their UAS spear aircraft while conducting R&D flights in restricted airspace. To date, 11 flights and 20+ hours have been logged with the UAS, with no flight incidents, and no damage to persons or property. In addition to their relatively simple and easy to fly

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SPEAR UAS, BrockTek has extensive experience in building and test flying less conventional aircraft as part of their R&D efforts. Part of every BrockTek flight operation isthe use of checkliststo ensurethat all equipment, onthe aircraft and on the ground is in safe and fully functional condition prior to every flight. Additionally, all of our aircraft have a logbook that accompanies each aircraft from cradleto grave.The logbook contains all information with regardto flight readiness, maintenance and repairs on the aircraft. These in conjunction with our maintenance schedules for the aircraft ensure that we will continue to enjoy our ongoing record of safe and successful flight operations. References attached: Aircraft Acceptance Test Procedures Checklists_Spear **Section 3: Unmanned Aircraft Pilot in Command (PIC)** 
● The UAS pilot will be a designated Pilot in Command (PIC) and hold a Private Pilot’s License along with a FAA Class III or higher Medical Certificate.
● The PIC, VO and any additional crew members shall not consume alcohol within 12 hours of the operation, and shall not be under the influence of medication.
● The PIC, VO and any additional crew members shall get a minimum of 8 hours crew rest prior to the operation.
● The PIC will have been trained in operation of UAS and receive up-to-date information for the particular UAS to be operated.
● The PIC and VO will be able to communicate by voice at all times.
● All Flight crews including the PIC, VO, IP and technicians will be qualified.
● The PIC, IP and VO will understand and comply with Title 14 Code of Federal Regulations, and/or Agency directives and regulations applicable to the airspace where the UAS will operate. Specifically all flight crew members will receive training on the rules and responsibilities described in 14 CFR Part 91 Sections 91.111, 91.113 and 91.115 regarding cloud clearance, flight visibility and the pilot controller glossary, including standard ATC phraseology and communication.
● The PIC must also meets the flight review requirements specified in 14 CFR Section 61.56 in an aircraft in which the PIC is rated on his/her pilot certificate.

● Prior to operations conducted for the purpose of UAS Flight Crew training (or similar operations), the PIC must have accumulated and logged, in a manner consistent with 14 CFR Section 61.51(b), a minimum of 25 hours of total time as a UAS pilot and at least ten hours logged as a UAS pilot with similar UAS type (fixed
-wing or rotary). Prior documented flight experience that was obtained in compliance with applicable regulations may satisfy this requirement. Training, proficiency, and experience building flights

### 7 are requested to be conducted under this grant of exemption to accomplish the required flight cycles and flight time. During training, proficiency, and experience building flights, all persons not essential for flight operations will be considered non
-participants and the PIC will operate the UAS with appropriate distance from non
-participants in accordance with 14 CFR Section 91.119
● Prior to operations conducted for the purpose of UAS Flight Crew training (or similar operations), the PIC must have accumulated and logged in a manner consistent with 14 CFR Section 61.51(b), a minimum of five hours as a UAS PIC operating the make and model of the UAS to be utilized for operations under this requested exemption, and three take
-offs and landings in the preceding 90 days.
● Training, proficiency, experience
-building, and take
-off and landing currency flights are requested to be conducted under this grant of exemption to accomplish the required flight time and 90 day currency. During training, proficiency, experience building, and take
-off and landing currency flights all personnel not essential for flight operations are considered nonparticipants, and the PIC must operate the UAS with appropriate distance from nonparticipants in accordance with 14 CFR Section 91.119. The above requirements with regard to the PIC and support crew members combined with the small size of the UAS, low speed, limited range, and low altitude provide for a safety level equivalent to, if not higher than that of similar activities utilizing manned aircraft. **Section 4: UAS Operations and Limitations**
● The UAS shall remain clear of, and yield the right of way to, all manned aircraft and manned aviation activities (on the ground or in the air).
● The UAS shall be operated at an altitude of no more than 200 feet above ground level (AGL). All altitudes reported to ATC will be in feet.
● The UAS shall be flown at an airspeed not to exceed the design limitation of 50 mph.
● UAS Operations will be conducted under visual meteorological conditions (VMC).
● The UAS will not be operated less than 500 feet below or less than 2000 feet horizontally from a cloud, or when visibility is less than 3 statute miles from the PIC.
● If the UAS loses communications or loses its GPS signal, it must return to a pre
-determined location within the planned AO.
● The UAS PIC must abort the flight in the event of unpredicted obstacles or emergencies.
● The UAS PIC is prohibited from beginning a flight unless (considering wind and forecast weather conditions) there is enough fuel to fly at normal cruising speed to the intended landing point and land the UAS with 30 minutes of fuel remaining

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● The UAS documents required under 14 CFR 91.9 and 91.203 shall be available to the PIC at the Ground Control Station anytime the aircraft is operating. Those documents shall be available to the Administrator or any law enforcement official upon request.
● Any UAS incidents, accidents or flight operations that transgress the lateral or vertical boundaries of the operational area as defined by the applicable COA shall be reported to the FAA’s UAS Integration Office (AFS
-80) within 24 hours. Accidents shall be reported to the National Transportation Safety Board (NTSB) per instructions contained on the NTSB Web site:www.ntsb.gov
. ● The UAS shall not be operated over congested or densely populated areas. These areas include but are not limited to the yellow areas depicted on World Aeronautical Charts (WAC), Sectional Aeronautical Charts (Sectionals), or Terminal Area Charts (TAC). Each AO will also be evaluated based on local conditions.
● Operations of UAS may be conducted at distances less than 500 feet from participating persons, vessels, vehicles or structures that perform an essential function in connection with these special purpose operations. Operations closer than 500 feet from the PIC, VO, operator trainees and essential persons are permitted when operationally necessary; but never so close to present a safety hazard. This is consistent with existing Exemption No. 11138.
● Operations of UAS may be conducted at distances less than 500 feet from unoccupied vessels, vehicles or structures owned by the landowner/controller when the landowner/controllergrants such permission, and the PIC makes a safety assessment of the risk from operations and determines that it does not present a safety hazard to persons or property. This is consistent with existing Exemption No. 11138.
● Flight operations will be conducted at least 500 feet from all non
-participating persons unless barriers or structures are present that sufficiently protect non
-participating persons from the UAS and/or debris in the event of an accident. The PIC shall ensure that non
-participating persons remain under such protection. If a situation arises where non
-participating persons leave such protection and are within 500 feet of the UAS, flight operations will cease immediately and the UAS will be landed/recovered in a safe, expedient manner. This is consistent with existing Exemption No. 11138.
● All operations of the UAS shall be conducted with permission from the land owner or authorized representative. Permission will be obtained for each flight operation.
● The UAS will not operate within 5 nautical miles of an airport reference point as denoted on a current FAA
-published aeronautical chart unless a letter of agreement with that airport’s management is obtained, and the operation is conducted in accordance with a NOTAM as required by the operator’s COA. The letter of agreement with the airport management will be made available to the Administrator upon request. This is consistent with existing Exemption No 11159.
● The UAS must be operated within VLOS of the PIC at all times. This requires the PIC to be able to use human vision to see the UAS unaided by any device other than corrective lenses, as specified on the PIC’s FAA medical certificate. A VO may be used to satisfy the VLOS requirement as long as the PIC and VO are in direct voice communication at all times.

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● The UAS will not be operated from any moving device or vehicle. Operations will not be conducted during night as defined in 14 CFR 1.1.
● The PIC will conduct preflight safety risk assessments to determine that the UAS is in a condition for safe flight (14 CFR Section 91.7(b)) and that the planned operation can be completed safely. Specific procedures are addressed in the UAS pre
-flight checklist.
● At this time, BrockTeks proposed flight operations do not require a notification to Flight Standards District Offices (FSDOs).
● BrockTeks requests to operate their UAS under the FAA
-issued blanket COA, with the express understanding that individual COAs will need to be applied for prior to conducting any operations which exceed the parameters set forth in the blanket COA. **Section 5: Specifically Requested Exemptions from Regulations 14 C.F.R. Part 21, Subpart H: Airworthiness Certificates 14 C.F.R. §91.203 (a) (1)**  Subpart H, entitled Airworthiness Certificates, establishes the procedural requirements for the issuance of airworthiness certificates as required by FAR §91.203 (a) (1). Given the size and limited operating area associated with the 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. The Federal Aviation Act (49 U.S.C.§44701 (f)) and Section 333 of the Reform Act both authorize the FAA to exempt aircraft from the requirement for an airworthiness certificate, upon consideration ofthe size, weight, speed, operational capability, and proximity to airports and populated areas of the particular UAS. In all cases, an analysis of these criteria demonstrates that the UAS operated without an airworthiness certificate, in the restricted environment and under the conditions proposed will be at least as safe, or safer, than a conventional aircraft (fixed wing or rotorcraft) operating with an airworthiness certificate without the restrictions and conditions proposed. Furthermore, the operator and its technicians subject the UAS to an extensive Aircraft Test Procedure the business day before a field operation. The procedure includes autopilot and control surface calibration, autopilot and engine RPM calibration, and a radio control range check onthe ground.Oncethetest procedure is complete,the UAS is placed in quarantine until the flight crew takes it to the operation site. The UASto be operated hereunder is lessthan 55 lbs. fully loaded, carries neither a pilot nor passenger, carries no explosive materials, and operates exclusively within a secured and designated area. Unlike other civil aircraft, operations under this exemption will be tightly controlled and monitored by both the operator and under the requirements and in compliance with local public safety requirements. These safety enhancements provide a greater degree of safety to the 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 UAS, due to its size, speed of operation, location of operation, lack of explosive materials and inability to carry a substantial external load. **14 C.F.R. § 45.23 (b): Marking of the Aircraft** The regulation requires:

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When marks include only the Roman capital letter "N" and the registration number is displayed on limited, restricted or light
-sport category aircraft or experimental or provisionally certificated aircraft, the operator must also display on that 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
-sport," "experimental," or "provisional," as applicable. Even though the UAS will have no airworthiness certificate, an exemption may be needed as the UAS, having no cabin or cockpit proper, will likewise have no entrance to the cabin, cockpit or pilot station on which the word “Experimental” can be placed. Given the size of the UAS, two-inch lettering is impractical. 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 UAS marked on its fuselage as required by §45.29 (f) where the pilot, observer and others working with the UAS will see the identification of the UAS as “Experimental.” **14 C.F.R. § 61.113 (a) and (b): Private Pilot Privileges and Limit ations, Pilot in Command.**  Pursuantto 14 CFR 61.113 (a)& (b), no person who holds a private pilot certificate may act as a pilot in command of an aircraft that is carrying passengers or property for compensation or hire. BrockTek may achieve an equivalent level of safety as achieved by current Regulations because the UAS does not carry any pilots or passengers. The risk attendant to the operation of the UAS is far less than the risk levels inherent in the commercial activities outlined in 14 CFR 61. The PIC of the UAS will have a Private Pilot’s License along with a current Third Class or higher Medical, and be fully qualified to operate the UAS. Due to the limited scope and capacity of the UAS payload, the level of safety is at least equivalent to, if not higher than that of the same operation conducted in a manned aircraft. **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 airworthy 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 and relative simplicity of the aircraft and its incorporated systems, as well as the pilots’ and technicians’ intimate familiarity with those systems, Brock Tek believes the use of conservative maintenance intervals, thorough maintenance record keeping and completion of comprehensive pre
-flight checklists prior to operations will be sufficient to ensure the airworthiness of the aircraft, and will provide the required equivalent level of safety. **14 C.F.R. § 91.9(b) (2): Civil Aircraft Flight Manual in the Aircraft.** The regulation requires: 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 placards, or any combination thereof. The UAS, given its size, configuration, and carrying capacity is not capable of, nor has any location to carry such a flight manual on the aircraft. Additionally, the PIC is not physically on board the aircraft. Finally, the aircraft in question being a custom built aircraft has no FAA approved flight manual available.Instead, the PIC will have the documentation showing checks made on the plane on the ground at the point of flight operations. Having the

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documentation on the ground with the PIC will provide an equivalent or greater level of safety than having a manual on board the aircraft. **14 C.F.R. § 91.103: Preflight Action.** This regulation requires each pilot in command take certain actions before flight to insure the safety of flight. As FAA approved flight manuals do not exist for the UAS, an exemption will be needed. In lieu of an FAA approved flight manual, and in the interest of safety and preserving the UAS for future use, BrockTek created extensive pre-flight checklists.The checklists direct what pre-flight actions must occur.The PIC and UAS technicians will utilize the pre
-flight checklists to ensure the airworthiness of the UAS prior to every flight. These preflight actions will ensure an equivalent level of safety. **14 C.F.R. § 91.109: Flight Instruction.** Section 91.109 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. UAS, by design, do not have onboard controls. Flight control is accomplished through the use of radio control communication with the aircraft.The UAS due to its size and capacity does not allow for a pilot or passengers to be carried on the aircraft. When flight instruction is provided with the UAS in configuration 2 (off
-the
-shelf radio control system), dual control is provided with the use of a student pilot console, commonly referred to by the hobby radio
-control community as a “buddy box.” Using a switch on the pilot console, the PIC/Instructor can allow the student to take control of the UAS from the buddy box, and quickly take back control of the UAS when necessary. When flight instruction is provided with the UAS in configuration 1 (autopilot and ground control station), dual control is provided through the use of the pilot console, allowing the PIC to quickly take direct control ofthe UAS when necessary.This redundant control capability, combined withthe small size and relatively low speed of the UAS provides for an equivalent level of safety. **14 C.F.R. § 91.119: Minimum Safe Altitudes.** Section 91.119 establishes safe altitudes for operation of civil aircraft, as the following: Except when necessary for takeoffor landing, no person may operate an aircraft below the following altitudes: **(a) Anywhere.**  An altitude allowing, if a power unit fails, an emergency landing without undue hazard to persons or property on the surface. **(b) Over congested areas.**  Over any congested area of a city, town, or settlement, or over any open air assembly of persons, an altitude of 1,000 feet above the highest obstacle within a horizontal radius of 2,000 feet of the aircraft. **(c) Over other than congested areas.**  An altitude of 500 feet above the surface, except over open water or sparsely populated areas. In those cases, the aircraft may not be operated closer than 500 feet to any person, vessel, vehicle, or structure. BrockTek seeks an exemption fromthis requirement.While the UAS may be capable offlight levels of morethan 1000ft AGL, at those heights the UAS would no longer be visible to the operators on the ground.In addition, the 500ft limit imposed in part c is much higher than the 200ft altitude blanket COA limit for UAS operations. The equivalent level of safety will be achieved given the size, weight, and speed of the UAS as well as the tightly

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controlled conditions imposed on the locations where it is to be 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, all affected individuals will be aware of the planned flight operations. Compared to flight operations with aircraft or rotorcraft weighing far more than the maximum 55lbs. proposed with these operations the risk is far less than those presented with conventional aircraft operating at or below 500 AGL. In addition, the low
altitude (200ft AGL or less) operations of the UAS will ensure separation between these UAS 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.” Asthe UAS will not be operating from a departure airport with a known barometric setting and elevation, the UAS autopilot will be set to match the barometric pressure and GPS
-derived elevation at the operation site. The UAS is also equipped with a GPS system, and the autopilot provides its altitude to the ground control system based on both barometric and GPS inputs. As the elevation of the departure point is an approximation based on GPS data, an exemption will be needed. An equivalent level of safety will be achieved by the PIC, pursuant to the safety check list and live flight data monitoring, confirming the altitude of the launch site shown on the aircraft GPS altitude indicator beforeflight. Additionally the PIC and VO requirement to maintain VLOS with the UAS provides a further layer of safety with respect to operating the aircraft at altitude. **14 C.F.R. § 91.151(a ): Fuel Requirements for Flight in VFR Conditions**  Section 91.151 (a) prohibits an 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 4
-stroke engine provides over 165 minutes of powered flight and the electric motor configuration provides over 90 minutes of powered flight. While thesetwo configurations can meetthe requirements set forth in 14 CFR §91.151, it is felt that given the significant limitations on the UAS’s proposed flight area (imposed by the VLOS requirement), the maximum 200 ft. altitude, and the location of operations within a predetermined area, an exemption from the fuel requirement is reasonable. The applicant also believes that an exemption from 14 CFR §91.151(a) falls within the scope of prior exemptions. Operating the UAS in a tightly controlled area where only people and property owners or official representatives who have signed waivers will be allowed, with lessthan 30 minutes of reservefuel, does not engender the type of risks that Section 91.151(a) was intended to alleviate given the size, speed and proximity of the small UAS. The applicant believes that an equivalent level of safety can be achieved by limiting flights to 165 or 90 minutes respectively, or operational limits — whichever happens first. **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 haswithin it the following: (1) An appropriate and current airworthiness certificate. . . .

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(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 cabin or cockpit entrance so that it is legible to passengers or crew. The UAS fully loaded weighs no more than 55 lbs. and is operated without an onboard pilot. As such, there is no ability or place to carry certification and registration documents or to display them on the UAS. In addition to this, an exemption is being requested for 14 C.F.R. Part 21, Subpart H: Airworthiness Certificates 14 C.F.R. §91.203 (a) (1), and if granted would exempt the need for an airworthiness certificate. An equivalent level of safety will be achieved by keeping any pertinent certifications and/or documents at the ground control station where the PIC will have immediate access, to the extent such documents are applicable to the UAS. **14 C.F.R. § 91.405 (a); 407 (a) (1); 409 (a) (2); 417(a) & (b): Maintenance Inspections.**  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 sections and Part 43 apply only to aircraft with an airworthiness certificate, these sections will not apply to the UAS in question. Maintenance will be accomplished by the operator pursuant to the preflight checklists and maintenance schedule. An equivalent level of safety will be achieved because the UAS is very limited in size and will carry a small payload and operate only in restricted areas for a limited period of time. If mechanical issues arise, the PIC can land the UAS immediately as it will be operating at no higher than 200 feet AGL. The operator’stechnicians and pilots will ensurethatthe UAS is in working order priorto initiating flight, perform required maintenance, and keep a log of any maintenance performed. Moreover, the operator’s technicians and pilots are most familiar with the aircraft and best suited to maintain the aircraft in an airworthy condition. An equivalent level of safety will be achieved because maintenance and inspections will be performed by technicians intimately familiar with the UAS. The PIC and crew chief will ensure that the UAS is in working order prior to initiating flight and perform required maintenance as needed. Sincerely,

Callie Groth Vice President BrockTek 1124 North Anita Avenue Tucson, Arizona 85705 520.790.5484 Office

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520.226
-6302 Cell callie.groth@brocktekus.com