September 1, 2015

Exemption No. 12703

Regulatory Docket No. FAA−2015−1239

Mr. Corey Ingalls

Technical Specialist

NMotion UAS, LLC

216 North Mosley Street

Wichita, KS 67202

Dear Mr. Ingalls:

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.

By letters dated April 17, 2015, and July 8, 2015, you petitioned the Federal Aviation 

Administration (FAA) on behalf of NMotion UAS, LLC (hereinafter petitioner or operator) 

for an exemption. The petitioner requested to operate an unmanned aircraft system (UAS) to 

conduct high definition aerial photography for public safety professionals and aerial 

photography and commercial inspections.

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 the DJI Phantom 3 and InstantEye Mk-2.

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 
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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, Certification procedures for products and parts, Subpart H—Airworthiness 

Certificates, 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 collection1. 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, NMotion UAS, LLC 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.

 

1 Aerial data collection includes any remote sensing and measuring by an instrument(s) aboard the UA. 

Examples include imagery (photography, video, infrared, etc.), electronic measurement (precision surveying, RF 

analysis, etc.), chemical measurement (particulate measurement, etc.), or any other gathering of data by 

instruments aboard the UA.
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Conditions and Limitations

In this grant of exemption, NMotion UAS, LLC 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 DJI Phantom 3 and 

InstantEye Mk-2 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 

FAA-published 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 

pre-determined 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 

(N−Number) 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 September 30, 2017, unless sooner superseded or rescinded.

Sincerely,

/s/

John S. Duncan

Director, Flight Standards Service

Enclosures
!!!!!! Name and Address of Applicant:

!!!!!!! Corey Ingalls

!!!!!!! Technical Specialist

!!!!!!! NMotion UAS

!!!!!!! 216 N. Mosley ST #210

!!!!!!! Wichita, KS 67202

April 17, 2015

U.S. Department of Transportation 

Docket Management System 

1200 New Jersey Ave, SE 

Washington, DC 20590

RE: Exemption Request under Section 333 of the FAA Modernization and 

Reform Act of 2012 and 14 C.F.R. Part 11

Dear Sir or Madam:

NMotion UAS, LLC (NMotion UAS) located at 216 N Mosley St Suite 210, Wichita, 

KS 67202 and Pursuant to Section 333 of the FAA Modernization and Reform Act 

of 2012 ("FAA Reform Act") and 14 C.F.R. Part 11, respectfully requests 
exemptions from several provisions of the Federal Aviation Regulations ("FAR"), 

specifically Section 333 which authorizes the FAA to determine:

1. If certain unmanned aircraft systems, if any, as a result of their size, weight, 

speed, operational capability, proximity to airports and populated areas, and 

operation within visual line of sight do not create a hazard to users of the national 

airspace system or the public or pose a threat to national security; and

2. Whether a certificate of waiver, certificate of authorization, or airworthiness 

certification under section 44704 of title 49, United States Code, is required for 

the operation of unmanned aircraft systems identified under paragraph (1).

We are writing to request that NMotion UAS, an owner and operator of small 

unmanned aircraft, be exempted from the Federal Aviation Regulations ("FARs") 

listed below so that NMotion UAS, may operate its small unmanned aircraft 

systems ("UAS") commercially in airspace regulated by the Federal Aviation 

Administration

(“FAA”); as 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.

NMotion UAS has been actively involved in the technical development of UAS 

service applications to provide high definition aerial photography for public safety 

professionals with small, unmanned aircraft and lightweight UAS’s.

The substance of this request is essentially the same as that granted to 

LowCountryRC Docket Number FAA-2014-0803 in that NMotion UAS is 

committed in public safety, as well as, aerial photography and inspection of 

structures.

NMotion UAS has fully equipped each of its small unmanned aircraft for aerial 

photography and video, primarily for use in the public safety sector, including; law 

enforcement, hazmat, search and rescue, fire departments, and any other entity 

considered public safety. While primarily serving public safety, NMotion UAS has 

also equipped their UAV’s for aerial photography and commercial inspections.

NMotion UAS exemption request would permit its operation of lightweight, 

unmanned (remotely controlled in line of sight) UAS's in tightly controlled and 

limited airspace. Predetermined, specifically marked areas of operation, 

sectioned off locations will allow NMotion UAS to operate within current safety 

regulations and new ones being sought. As identified, similar lightweight, remote 

controlled UAS's are legally operated by amateurs with no flight experience, 

safety plan or controls in place to prevent catastrophe.

Granting NMotion UAS's request coheres with the Secretary of Transportation's 

(FAA Administrator's) responsibilities to not only integrate UAS's into the national 
airspace system, but to" ... establish requirements for the safe operation of such 

aircraft systems [UAS's] in the national airspace system" under Section 333 of 

the Reform Act. Further, NMotion UAS will conduct its operations in compliance 

with the protocols described herein or as otherwise established by the FAA.

The Extent of Relief NMotion UAS Seeks and the Reason It Seeks Such Relief:

NMotion UAS submits this application in accordance with the Reform Act, 112 

P.L. 95 §§ 331-334, seeking relief from any currently applicable FAR's operating 

to prevent NMotion UAS contemplated commercial operations, research and 

other flight operations within the national airspace system. The Reform Act in 

Section 332 provides for such integration of civil unmanned aircraft systems into 

our national airspace system as it is in the public's interest to do so. NMotion 

UAS lightweight UAS's meet the definition of "small unmanned aircraft" as 

defined in Section 331 and therefore the integration of NMotion UAS lightweight 

UAS's are expressly contemplated by the Reform Act. NMotion UAS would like to 

operate its lightweight UAS's prior to the time period by which the Reform Act 

requires the FAA to promulgate rules governing such craft. The Reform Act 

guides the Secretary in determining the types of UAS's that may operate 

safely in our national airspace system. Considerations include:

The weight, size, speed and overall capabilities of the UAS; Whether the UAS 

will be operated near airports or populated areas; and, Whether the UAS will be 

operated by line of sight.

112 P.L. 95 § 333 (a). Each of these items mitigates in favor of an exemption for 

NMotion UAS.

NMotion UAS’s aircraft uses multi counter-rotating propellers for extreme 

balance, control and stability. They each weigh less than 55 pounds, including 

camera or other equipment. Each of NMotion UAS’s aircraft small unmanned 

aircraft is designed to primarily hover in place and operate at less than a 50 knot 

maximum speed. They are capable of vertical and horizontal operations but 

operate only within the visual line of sight pilot-in-command (PIC). In addition to 

the PIC, NMotion UAS utilizes a qualified spotter, capable of fully operating the 

aircraft in such that, the PIC would encounter a medical emergency during 

operations.

Utilizing battery power and not combustible fuels, flights generally last between 

fifteen and twenty-five minutes. NMotion UAS will not, under any circumstance, 

operate the aircraft under twenty-five percent battery level. Safety systems in 

place include a failsafe mode that allows NMotion UAS aircraft to return to the 

GPS launch coordinates if communication with the radio control is lost or battery 

level becomes less than twenty five percent. 

NMotion UAS does not operate its UAV's near airports and does not operate 

them near populated areas.
NMotion UAS operation of its small unmanned aircraft will not "create a hazard to 

users of the national airspace system or the public." 112 P.L. 95 § 3 3 3 (b). Given 

the small size and weight of NMotion UAS aircraft, combined with their operation 

of well-controlled areas, NMotion UAS aircrafts fall within Congress's 

contemplated safety zone when it published the Reform Act and the 

corresponding directive to integrate UAS's into the national airspace system. 

NMotion UAS aircraft have an outstanding safety record and do not pose any 

threat to the general public or national security. The FAA has the authority to 

issue the exemption to NMotion UAS pursuant to the Federal Aviation Act, 85 P.L. 

726 (1958), as amended (the “Act").

Commercial and Public Benefits Granting NMotion UAS exemption request 

furthers the public interest. First, Congress has already pronounced that it 

is in the public’s interest to integrate commercially flown UAS's into the national 

airspace system, thus the passing of the Reform Act. Second, NMotion UAS 

conducts research into safe UAS operations every time it flies one of its UAV's. 

Flight data, visual inspections, recorded observations and flight analyses are 

compiled to further enhance current safety protocols. Granting approval of this 

exemption request for NMotion UAS to log more flight time will augment its ability 

to further enhance current safety measures.

Granting the NMotion UAS exemption request considerably furthers the public's 

interest in more ways than currently known. Allowing NMotion UAS to fly within 

the United States allows for improvements in publicly usable technologies or 

advancements in equipment available to law enforcement personnel and first 

responders with state of the art equipment that does not cost the tax payers 

millions.

Reasons Why NMotion UAS Exemption Will Not Adversely Affect Safety Or How 

The Exemption Will Provide a Level of Safety At Least Equal To Existing Rule:

NMotion UAS exemption will not adversely affect safety. Actually, for the many 

reasons stated, permitting NMotion UAS to gain experience and information over 

time will allow NMotion UAS to innovate and implement new and improved safety 

protocols.

NMotion UAS aircraft weigh less than 55 pounds complete with cameras.

NMotion UAS only operates its UAS's below 400 feet;

NMotion UAS UAV's operate for 5-30 minutes per flight;

NMotion UAS lands its UAS's before they reach a threshold 25% battery power;

NMotion UAS pilots operate NMotion UAS aircraft by Visual Line of Sight (VSOL) 

at all times.

NMotion UAS pilots have live video streamed to the ground control station should 

they somehow lose sight of the UAS;
NMotion UAS staffs each flight with a pilot-in-command and spotter capable of 

operating aircraft;

NMotion UAS aircraft have GPS flight modes whereby they return to launch if 

communication with the remote control is lost or battery threshold becomes less 

than 25%;

NMotion UAS actively examines electronic flight data and other sources of 

information to constantly update and enhance safety protocols;

NMotion UAS only operates in secured areas that are strictly controlled, are 

away from airports and populated areas;

NMotion UAS conducts extensive briefings prior to flight, during which safety 

carries primary importance;

NMotion UAS always obtains all necessary permissions and permits prior to 

operation;

NMotion UAS operationally administers a level of safety equal to and even 

greater than existing rules set forth. It is important to note that absent the 

integration of commercial UAS's into our national airspace system, helicopters 

are the primary means of aerial observation. While the safety record of such 

helicopters is incredible, it is far safer to operate a battery powered lightweight 

UAS. First, the potential loss of life is decreased because NMotion UAS aircraft 

carry no people on board and NMotion UAS only operates in areas away from 

major populations. Second, there is no fuel on board NMotion UAS aircraft and 

thus the potential for fire or explosions is highly decreased. Third, the small size 

and acute maneuverability of NMotion UAS aircraft allow the pilot in command to 

avoid hazards. Respectfully, NMotion UAS aircraft have and will always operate 

at and above current safety requirements.

Summary the FAA may publish in the Federal Register:

14 C.F.R. 21 and 14 C.F.R. 91: Airworthiness Certificates, Manuals and the Like. 

14 C.F.R. 21, Subpart H, entitled Airworthiness Certificates, sets forth 

requirements for procurement of necessary airworthiness certificates in relation 

to FAR§ 91.203(a)(l). The size, weight and enclosed operational area of NMotion 

UAS permits exemption from Part 21 because NMotion UAS aircraft meet an 

equivalent level of safety pursuant to Section 3 3 3 of the Reform Act. The FAA is 

authorized to exempt aircraft from the airworthiness certificate requirement under 

both the Act (49 U.S.C. § 44701 (f)) and

A. Section 333 of the Reform Act. Both pieces of legislation permit the FAA to 

exempt UAS's from the airworthiness certificate requirement in consideration of 

the weight, size, speed, maneuverability and proximity to areas such as airports 
and dense populations. NMotion UAS aircraft meet or exceed each of the 

elements.

14 C.F.R. 91.7 (a) prohibits the operation of an aircraft without an airworthiness 

certificate. As no such certificate will be applicable in the form contemplated by 

the FARs, this Regulation is inapplicable.

14 C.F.R. § 91.9 (b) (2) requires an aircraft flight manual in the aircraft. As there 

are no pilots or passengers, and given the size of the UAS's, this Regulation is 

inapplicable. An equivalent level of safety will be achieved by maintaining a 

manual at the flight operations center. The FAA has previously issued 

exemptions to this regulation in Exemption Nos. 8607, 8737, 8738, 9299, 9299A, 

9565, 95658, 10167, 10167A, 10602, 10700 and 32827.

14 C.F.R. § 91.121 regarding altimeter settings is inapplicable insofar as NMotion 

UAS aircraft utilize electronic global positioning systems and internal gyroscopes 

to provide spatial coordination.

14 C.F.R. § 91.203 (a) and (b) provides for the carrying of civil aircraft 

certifications and registrations. They are inapplicable for the same reasons 

described above. The equivalent level of safety will be achieved by maintaining 

such certifications and registrations at the NMotion UAS flight operations center.

B. 14 C.F.R. § 45.23: Marking of the Aircraft.

Applicable Codes of Federal Regulation require aircraft to be marked 

according to certain specifications. NMotion UAS aircraft are, by definition, 

unmanned. They therefore do not have a cabin, cockpit or pilot station on 

which to mark certain words or phrases. Further, two-inch lettering is difficult 

to place on such small aircraft. The FAA has previously issued exemptions 

to this regulation through Exemptions Nos. 8738, 10167, 10167A and 

10700.

C. 14 C.F.R. § 61.113: Private Pilot Privileges and Limitations. PIC

Pursuant to 14 C.F.R. §§ 61.113 (a) & (b), private pilots are limited to noncommercial operations. NMotion UAS can achieve an equivalent level of 

safety as achieved by current Regulations because NMotion UAS aircraft do 

not carry any pilots or passengers. Further, while helpful, a pilot license will 

not ensure unmanned piloting skills, though NMotion UAS pilot vetting and 

training programs (based upon completion of an FAA Approved Ground 

School and a self-administered UAS flight training program and internal 

procedures) will. All Further, the risks attendant to the operation of NMotion 

UAS aircraft is far less than the risk levels inherent in the commercial 

activities outlined in 14 C.F.R. § 61, et seq.

D. 14 C.F.R. 91.119: Minimum Safe Altitudes.

14 C.F.R. § 91.119 prescribes safe altitudes for the operation of civil aircraft. It 

allows Helicopters to be operated at lower altitudes in certain conditions. NMotion 
UAS aircraft will never operate at an altitude greater than 400 AGL. NMotion UAS 

will, however, operate its UAV's in sectioned off areas with security perimeters, 

providing a level of safety at least equivalent to those in relation to minimum safe 

altitudes. Given the size, weight, maneuverability and speed of NMotion UAS 

aircraft, an equivalent level of safety will be achieved. 

E. 14 C.F.R. 91.405 (a); 407 (a) (1); 409 (a) (2); 417(a) & (b): Maintenance 

Inspections. The above-cited Regulations require, amongst other things, aircraft 

owners and operators to "have [the] 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."

These Regulations only apply to aircraft with an airworthiness certificate. They 

will not, therefore, apply to NMotion UAS should its requested exemption be 

granted. NMotion UAS conducts an extensive maintenance program that 

involves regular software updates and constant inspection for assessment of any 

damaged hardware. Therefore, an equivalent level of safety will be achieved. 

NMotion UAS has researched and developed its own designs.

F. Summary

NMotion UAS seeks an exemption from the following Regulations: 14 C.F.R.

21, subpart H; 14 C.P.R. 45.23(b); 14 C.F.R. §§ 61.113 (a) & (b); 14 C.F.R. § 91.7 

(a); 14 C.F.R. § 91.9 (b)(2); 14 C.F.R. § 91.103(b); 14 C.F.R. § 91.109; 14 C.F.R. § 

91.119; 14 C.F.R. § 91.121; 14 C.F.R. § 91.151(a); 14 C.F.R. §§ 91.203(a) and (b); 

14 C.F.R. § 91.405 (a); 14 C.F.R. § 91.407 (a)(1); 14 C.P.R.§ 91.409 (a)(2); 

14 C.P.R.§ 91.409 (a)(2); and, 14 C.P.R.§§ 91.417 (a) & (b) to commercially operate 

its fleet of small unmanned vehicles and lightweight unmanned aircraft vehicles and 

to conduct its own research and to develop economic platforms for aerial survey, law 

enforcement , first responders, search and rescue. Granting the NMotion UAS 

request for exemption will reduce current risk levels and thereby enhance safety.

Further, NMotion UAS operates at lower altitudes and in controlled airspace. 

NMotion UAS has been analyzing flight data and other information in compiling novel 

safety protocols and the implementation of a flight operations manual that exceeds 

currently accepted means and methods of safe flight. There are no people on board 

NMotion UAS aircraft and therefore the likelihood of death or serious bodily injury is 

significantly limited. NMotion UAS operation of its aircraft, weighing less than 55 

pounds and traveling at speeds lower than 50 knots in cordoned off areas will 

provide at least an equivalent level of safety as that achieved under current FARs.
NMotion UAS respectfully requests that the FAA grant its exemption request without 

delay. The FAA has the authority to issue the exemption sought by NMotion UAS 

pursuant to the Federal Aviation Act, 85 P.L. 726 (1958), as amended (the "Act").

Thank you for the time and consideration of the above Exemption Request. Please 

contact Mr. Corey Ingalls for more information or questions that arise.

Corey Ingalls

Technical Specialist

NMotion UAS, LLC.

216 N Mosley St #210

Wichita, KS 67202

(316) 305-6275

corey@nmotionuas.com
Name and Address of Applicant:

Corey Ingalls

Technical Specialist

NMotion UAS

216 N. Mosley, Suite #210

Wichita, KS 67202

July 8th 2015

U.S. Department of Transportation

Docket Management System

1200 New Jersey Ave, SE

Washington D.C. 20590

U.S. DOT/FAA Request for Additional Information:

NMotion UAS Petition for Exemption (Docket No. FAA-2015-1239-0001)

To Whom it may concern:

The substance of this request is essentially the same as that granted to Unmanned Aerial

Assessment & Video LLC, Docket Number FAA-2015-0018 in that NMotion UAS is 

committed in public safety, as well as, aerial photography and inspection of structures in the 

public's interest.

Request for an exemption from §§ 45.23(b), 61.113 (a) and (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), 

91.409 (a)(2), 91.417 (a) and (b), and Subpart H of part 21 of Title 14, Code of Federal 

Regulations (14 CFR). 
Public Interest 

 In compliance with the requirements of § 11.81, granting the petition would be in the public 

interest because:

The Congress of the United States has determined that early accommodation of sUAS 

into the National Airspace System advances the public interest. The Committee Report leading 

the House to adopt H.R. 658 said:

"The successful integration of unmanned aircraft systems (UAS) into the National Airspace 

System (NAS) can support more than 23,000 high-paying jobs in the United States. . . . The 

absence of a plan to integrate UASs into the NAS is a barrier to such job creation . . . ."

1.) Granting the Petition represents a step toward such integration, in the absence of a 

comprehensive regulatory regime for sUAS, and thus would serve the Congressional goal and 

the public interest.

2.) Granting the Petition will facilitate a new era in emergency response activities, one in which 

the responders themselves will have a tool to safely, quickly and remotely assess a situation 

without placing lives in harm’s way. In comparison, the EOD robots have saved countless lives 

since their inception, a feat that will become common place for aerial assessments.

3.) Granting the Petition will enable Petitioner to demonstrate the commercial viability of creating

new safety techniques and tactics with new aeronautical technology, thereby improving the 

efficiency of emergency responders around the world and making for a safer society.The rules 

from which Petitioner seeks exemption artificially and irrationally limit the effective use of new 

technologies to expand emergency response safety and improve the efficiency of markets, 

thereby subverting the public interest.

4.) Granting the Petition will fulfill the FAA’s own declaration that encouraging new aviation 

technologies advances the public interest. The FAA itself has recognized the public interest in 

its role of “Encouragingand developing civil aeronautics, including new aviation technology.” 

Granting the Petition willenhance FAA fulfillment of that commitment, thereby serving the public 

interest. Air commerceflourishes in the United States because of the rapid pace of innovation in 

aeronautical and associated technologies, followed by their commercialization and their 

introduction into the marketplace. The sUAS technology that the Petitioner uses exemplifies the 

latest innovative leap forward in aeronautical technology. Preventing it from using this in air 

commerce subverts achievement of the goal.

5.) Granting the Petition will fulfill the Congressional determination that integrating sUAS 

technology into the NAS serves the public interest. Section 330 of the FAA Modernization and 

Reform Act of 2012, specifically recognizes the advantages to air commerce obtainable from the

deployment of sUAS technologies. It mandated several steps by the FAA to accelerate the 

availability of these technologies in the National Airspace System, thereby representing a 

congressional determination that the public interest is served by making these technologies 
more widely available at the earliest practicable date. The Petition represents a way for the FAA

to move incrementally, while still satisfying its congressional mandate and meeting its obligation 

to enhance the public interest by making new technologies available by allowing the use of 

sUAS technologies in a manner that protects the public and the rest of the aviation community 

from significant risk. The commercial activities by Petitioner proposed in the Petition represent 

contributions to new forms of air commerce, thereby fulfilling the FAA’s statutory mandate under

the 2012 Act.

6.) Granting the Petition will enhance aviation safety, thereby advancing the public interest. The 

Petitioner has committed itself in the Petition to safety practices that reduce or eliminate 

hazards to aircraft in the National Airspace System and to persons and property on the ground. 

Many others are flying sUAS without regard to these hazards. Granting the Petition will offer the 

Petitioner up as an example of how the FAA is willing to accommodate the new technology 

when it is constrained by appropriate limitations to enhance safety. It will also allow the 

Petitioner to be a role model for safe commercial sUAS operations. Users of the National 

Airspace System are confronted by mushrooming threats from sUAS flown in defiance of the 

FAA’s ban. Unless the FAA shows some flexibility to accommodate lawful and safe operation of 

sUAS for legitimate commercial purposes, the level of defiance will increase, intensifying the 

hazards to manned aircraft and to persons and property on the ground. The Petitioner's 

proposed operations satisfy the criteria provided in Section 333 of the Reform Act relating to 

size, weight, speed, operating capabilities, proximity to airports and populated areas and 

operation within visual line of sight, and national security. The Petition justifies grant of the 

requested exemptions to allow the Petitioner to commercially provide sUAS to organizations.

Thank you for the time and consideration. Please contact Mr. Corey Ingalls for more 

information or questions that arise.

Corey Ingalls

Corey Ingalls 

Technical Specialist 

NMotion UAS, LLC. 

216 N Mosley St #210 Wichita, KS 67202 

(316) 305-6275 

corey@nmotionuas.com