US DepartmentofTransportation Exemption Request Pursuantto Section 333 of the FAA

Reform Act and Part 11 ofthe Federal Aviation

December 16, 2015

Clark Kilby XRF Construction Services 1002 Ocean Ave. Boynton Beach, FL33435**.Ct~r~S~L~Jlbyb_g_m~~&Q!rl**

U.S DepartmentofTransportation Docket Management System 1200 NewJerseyAve., SE Washington DC 20590 . ..., ; •]
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Re: Exemption Request Pursuantto Section333 ofthe FAA Reform Act and Part 11 ofthe Federal Aviation Regulations from: 14CFR 21 subpart H; 14 CFR 45.23(b); 14CFR 61.113(a) and (b); 14 CFR 91.7(a); 14CFR91.9(b)(2); 14 CFR 91.103; 14 CFR 91.109; 14CFR 91.119(c); 14CFR 91.121; 14CFR 91.151(a); 14 CFR 91.203(a) and (b); 14CFR 91.405 (a); 14CFR 91.407 (a) (1) 14CFR 91.409 (a)(1) and (2); 14 CFR 91.417(a) and (b)

The exemption is in the public interest. Pursuantto the authority contained in 49 U.S.C. 106(f), 40113, and 44701.

Dear Siror Madam:

Pursuantto Section 333 ofthe FAA Modernization and Reform Actof2012 (the "Reform Act") and 14CFR Part 11 of Unmanned Aircraft Systems (UAS), Clark Kilby hereby appliesfor an exemption from the listed Federal Aviation Regulations ("FARs") to allowcommercial operation of Designated UAS, provided such operations are conducted within and underthe conditionsoutlined herein oras may be established by the FAA as required by Section 333.

Thankyou in advanceforyourconsideration. l'

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. .. ., ,.,,.• I·,Commercial operation of an UAS, as described herein, which are equipped with camera(s) and sensors, would provide professional services in the following
areas:



### 1. Real Estate 2. Videography

### I Photography 3. Home Inspections 4. RoofInspections 5. Private

### I Public Events

As described fully below, the requested exemption would permitthe operation of designated UAS as setforth in this document undercontrolled conditions in the NASthatwould be a) limited b) controlled c) predetermined and d) safe. Approval ofthis exemptionwould increase publicawareness of UAS operations and enhance safetyto aid in fulfilling the SecretaryofTransportation's (the FAA Administrator's) responsibilities to"

.... establish requirementsforthe safe operation of such aircraft systems in the national airspace system."

The name and address ofthe applicant is



### Clark Kilby XRF Construction Services 1002 OceanAve. Boynton Beach, FL33435**CJ~r!5®~JttlyhQm~s,~Pm**



### Fromwhichtheexemption is requested: 14 CFR Part 

### 21 subpart 

### H 14CFR 

### 45.23 (b) 

### 14 CFR 

### 61 .113 (a) & (b) 

### 14 CFR 

### 91.7 (a) 

### 14 CFR 

### 91.9 (b) 

### (2) 14CFR 

### 91.103 14 CFR 

### 91.109 14 CFR 

### 91.119 (c) 14CFR 

### 91.121 14 CFR 

### 91.151 (a) 

### 14 CFR 

### 91.203 (a) 

### 14 CFR 

### 91.405 (a) 

### 14 CFR 

### 91.407 (a) 

### 14 CFR 

### 91.409 (a) 

### 14 CFR 

### 91.417 (a)As in Grants of Exemption Nos. 11062to Astraeus Aerial (see Docket No. FAA-2014-0352), 11109to Clayco, Inc. (see Docket No. FAA-2014-0507), 11112to VDOS Global, LLC (see Docket No. FAA-2014-0382), 11213to Aeryon Labs, Inc. (see Docket No. FAA-2014-0642), and 12645to Allied Drones (see Docket No. FAA-2014-0804), There is enhanced safety achieved using an unmanned aircraft (UA) with the specifications described by the petitioner and carrying no passengers orcrew, rather than a manned aircraftof significantly greater proportions, carrying crew in addition to flammable fuel, givesthe FAA good cause to find that the UAS operation enabled bythis exemption is in the public interest.

Clark 

### KilbyWill operate one or more of the Following model UAS

DJI Phantom 3 Standard
Safety requirements. The approval ofthis application presents no national security issues. Regarding the 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 ofthe requested exemption is in the public interest. Accordingly, the applicant graciously requests thatthe FAA grantthe requested exemption.

AIRCRAFTAND EQUIVALENT LEVEL OF SAFETY

The operation limitations proposed for an equivalent or higher level of safety because operations will further enhance the safety ofthe persons and/or property using conventional aircraft. These limitations and conditions to which the applicant agrees to adhere to when conducting commercial operations underthe FAA issued exemption as set forth in the Flight Operations Manual (FOM) include:

1.The UAS will weigh significantly less than 55 lbs.

2. The UAS, depending on the model in operation, will have a maximum operating speed of no morethan 50mph.3. Flights will be operated within line ofsight ofthe Pilot in Command (PIC) and/orVisual Observer (VO).



### 4. Maximum flight time for each operational flight will be depending on the UAS model in operation, but will notexceed 30 minutes. Flights will be terminated at 25% battery power reserve or30 minutes offlight time whichever occurs first.



### 5. Flights will be operated at an altitude of no more than 400 feet Above Ground Level (AGL) and not more than 200 feet above an elevated platform from which filming is planned.



### 6. Minimum crewfor each operation will consistofthe UAS Pilot and at least one Visual Observer (VO), and may include athird, but separate, Camera Operator (CO).

7. The UAS pilot will be a designated Pilot in Command (PIC)

.The PIC will have logged a minimum of20 hours on the designated UAS.

8. A safety briefing will be performed priorto each day'sflights consisting of all the days' Production activities.

9. All flight activities will be logged.

10. All flights will occur under Visual Flight Rules Meteorological Conditions (VMC) only.

11. The flights will occur in Class G airspace no closerthan a mile radius of the geographiccenter/Airport Reference Point (ARP) of atower controlled or uncontrolled airport.

12. Flights will not be closerthan a 5 mile radius ofthe geographic center/Airport.

13:The operatorwill do a pre check ofaircraft priorto each flight. And log each flight.

14. The operator will obtain verbal/written consent of all persons involved with the planned operation and ensurethat only consenting persons will be allowed within 100 feet ofthe flight operation, and the radius may be reduced to 30 feet based upon an equivalent level ofsafety determination, as U.S. DepartmentofTransportation required underthe FOM. With the advanced permission ofthe FSDO, operations at closer range may be approved.

15. The PIC and VO will have been trained in operation of UAS and receive up to date information for the particular UAS to be operated.

16. The PIC and VO will be able to communicate byvoice and/or radio at all times.

17. The PIC will abide by all rules

18. Ifthe UAS loses communications with the remote controlleror loses GPS signal, the UAS will have the capability to return to a predetermined location within a designated location and land autonomously.

19. The UAS will havethe capability to abort aflight in case of emergencies with
an automated "Return Home and Land" function.

20. The UAS will have the capabilityto abort aflight in case of unpredicted obstacles, weather, oremergencies such as low battery.

21. Any incident, accident, orflight operation that transgresses the lateral or vertical boundaries ofthe 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.

14C.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 aircraftto be utilized bythe Applicant, an exemption from Part 21 Subpart H meets the requirements of an equivalent level of safety under Part 11 and Section 333 ofthe Reform Act. The Federal Aviation Act (49 U.S.C.§44701 (f)) and Section333 ofthe 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 ofthe particular UAS. In all cases, an analysis of these criteria demonstrates thatthe UAS operated without an airworthiness certificate in the restricted environment and underthe conditions proposed will be at least as safe,or safer, than a conventional aircraft (fixed wing or rotorcraft) operating with an airworthiness certificate withoutthe restrictions and conditions proposed. The UAS to be operated hereunder is lessthan 55 lbs. fully loaded, carries neither a pilot nor passenger, carries no explosive materials orflammable liquid fuels, and operates exclusively within a secured and designated area. Unlike other civil aircraft, operations underthis exemption will be tightly controlled and monitored by both the operator and underthe requirements and in compliance with local public safety requirements. These safety enhancements provide a greaterdegree of safetyto the public and property owners than conventional operations conducted with airworthiness certificates issued under 14 C.F.R. Part 21, Subpart H. Lastly, application ofthese same criteria demonstratesthat 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 or flammable liquid fuels, and inabilityto carry a substantial external load.

14 C.F.R. §45.23 (b). Marking ofthe AircraftThe regulation requires: When marks include onlythe Roman capital letter "N" and the registration number is displayed on limited, restricted or light sport category aircraftorexperimental or provisionally certificated aircraft, the operator must also displayon 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.

14 C.F.R. §45.23 (b). Marking of the AircraftThe regulation requires: 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
neareach entranceto the cabin, cockpit, or pilot station, in letters not lessthan 2 inches nor more than 6 inches high, the words "limited/' "restricted/' "light sport/"'experimentall' or "provisional/' as applicable. Even though the UASwill have no airworthiness certificate, an exemption may be needed as the UAS will 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 will be impossible. The word "Experimental" will be placed on the fuselage in compliance with §45.29 

### (f). US Department of Transportation February 20, 2015 The equivalent level ofsafetywill be provided by having the UAS marked on its fuselage as required by §45.29 (f) where the pilot, observerand others working with theUASwill see the identification ofthe UAS as "Experimental." 14 C.F.R. 

### § 61.113 (a) and (b The proposed UAS operations may achieve an eguivalent level of safety as achieved by current Regulations because the applicant's UAS do not carry any pilots or passengers nor property. The risks attendantto the It is believed that the operation and limitations set forth in the FOM will equateto the safe operation ofthe UAS.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 existfor determining airworthiness. Given the size ofthe aircraftfor maintenance and use ofsafety checklists priorto each flight, an equivalent level of safety will be provided. 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 placards, or any combination thereof. The UAS, given its size and configuration has no ability or placeto carry such a flight manual on the aircraft, not only because there is no pilot on board, but because there is no room orcapacity 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 UAS will have immediate access to it.

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 offlight. As FAA approved rotorcraft flight manuals will not be provided for the aircraft an exemption will be needed. The PIC will take all actions as stated in the FOM in Section 4 under Normal Procedures including but not limited to reviewing weather, flight battery requirements, landing and takeoffdistances and aircraft performance data before initiation offlight.

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 unlessthat aircraft has fully functioning dual controls. UAS and remotely piloted aircraft, by theirdesign do not have fully functional dual controls. Flight control is accomplished through the use of acontrol box that communicates with the aircraftvia radio communications. The FAA has approved exemptions forflighttraining withoutfully functional dual controls for a numberof aircraft and for flight instruction in experimental aircraft. The equivalent level of safety is provided by the fact that neithera pilot nor passengers will be carried in the aircraft and bythe size and speed ofthe aircraft.

14 C.F.R. §91.119: Minimum Safe Altitudes. Section 91.119 establishes safe altitudes for operation of civil aircraft. Section 91.119 (d) allows helicopters to be operated at lessthan the minimums prescribed, provided the person operating the helicopter complies with any route or altitudes prescribed for helicopters by the FAA. As this exemption is for a UAS that is a helicopter and the exemption requests authority to operate at altitudes up to 400 AGL, or not more than 200

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above an elevated platform from which filming is planned, an exemption may be needed to allow such operations. As set forth herein, the UAS will neveroperate at higherthan 400 AGLwith the exception that in circumstances where the UAS is used to survey orphotograph astructure whose height exceeds 400 feet AGL, the UAS will not be operated morethan 200 feet above the highest pointon the structure. It will however be operated in a restricted area with security perimeter, where buildings and people will not be exposed to operations without their pre obtained consent. The equivalent level of safety will be achieved given the size, weight, and speed ofthe UAS as well as the location where it is operated. No flight will be taken without the permission ofthe property owner or local officials. Because ofthe advance noticeto the property owner and participants in the filming activity, all affected individualswill be aware ofthe planned flight operations. Compared to flight operations with aircraft or rotorcraft weighting far
more than the maximum SSibs. Proposed herein and the lack offlammable fuel, any risk 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 ofthe UAS will ensure separation between these UAS operations and the operations of conventional aircraftthat mustcomply with Section 91.119.


### i4 C.F.R. §91.121 Altimeter Settings. This regulation requires each person operating an aircraftto maintain cruising altitude by reference to an altimeterthat is set "

...to the elevation of the departure airport oran appropriate altimeter setting available before departure." As the UAS may not have a barometric altimeter, but instead a GPS altitude read out, an U.S. exemption may be needed. An equivalent level ofsafetywill be achieved bythe operator, pursuant to the safety check list and live flight data monitoring, 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 an individual from beginning "a flight in an airplane under VFR conditions unless (considering wind and forecast weatherconditions) there is enough fuel to fly to the first point of intended landing, and, assuming normal cruising speed- (1) During the day, to fly afterthatfor at least 30 minutes; or (2) At night, to fly afterthatfor at least45 minutes." The applicant believesthat an exemption from 14CFR §91.151(a) falls within the scope of prior exemptions. Operating the UAS in a tightly controlled area where only people and property
owners orofficial representatives who have signed waivers will be allowed does not engenderthe type of risks that Section 91.151 (a) was intendedto alleviate given the size and speed ofthe small UAS. The applicant believesthat an equivalent level ofsafety can be achieved by limiting flights to 30 minutes or 25% of battery power- whichever happensfirst. This restriction would be more than adequate to return the UASto its planned landing zone from anywhere in its limited operating area.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 itthe following: (1) An appropriate and current airworthiness certificate

.... (b) No person may operate a civil aircraft unlessthe airworthiness certificate required by paragraph (a) ofthis section ora special flight authorization issued under §91.715 is displayed atthe cabin orcockpit entrance so that it is legible to passengers or crew. The UAS fully loaded weighs well underthe proposed 551b limit and is operated without an onboard pilot. As such, there is no ability or place to carry certification and registration documents orto displaythem on the UAS. An equivalent level of safetywill be achieved by keeping these documentsatthe ground control pointwhere the pilotflying the UAS will have immediate accessto them, tothe extentthey are applicable to the UAS.

14C.F.R. §91.405 (a); 407 (a) (1); 409 (a) (2); 417(a) & (b): Maintenance Inspections. These regulations require thatan aircraftoperatororowner "shall havethat aircraft inspected as prescribed in subpart Eofthis part and shall between required inspections, except as provided in paragraph (c) ofthis section, have discrepancies repaired as prescribed in part43 ofthis chapter

...," and others shall inspector maintain the aircraft in compliance with Part43. Given that these sections and Part 43 apply onlyto aircraftwith an airworthiness certificate, these sections will notapplyto the applicant. Maintenance will be accomplished bythe operator pursuantto the flight manual and operating handbook. An equivalent level of safety will be achieved becausethe UAS is very limited in size and will carry a small payload and operate only in restricted areasfor a limited period oftime. If mechanical issues arise the UAS can land immediately and will be operating from no higherthan 400 feet AGL. The operatorwill ensure thatthe UAS is in working order priorto initiating flight, perform required maintenance, and keep a log of any maintenance performed. Moreover, the operator is the person mostfamiliarwith the aircraft and bestsuited to maintain the aircraft in an airworthy condition to providethe equivalent level ofsafety. An equivalent level of safety will be achieved because maintenance and inspectionswill be performed in accordance with the UAS Manufacturer's User Manual. As provided in the FOM, and a link on last page, the operatorwill ensure that the UAS is in working order priorto initiating flight and perform required maintenance needed.Additional Information.

The applicant Clark Kilby believes this exemption request and associated safety considerations adequately satisfycriteria provided in Section 333 ofthe Reform Actof2012, providing sufficientjustification for the granting ofcommercial operations ofthe applicant's UAS. Ialso feel its in the public's intereston grantingthe exemption, as we can educate them atthe same time. And all the positive sides ofthe newtechnology andthe level ofsafety.

The applicant Clark Kilby requests your respective approval ofthis Section 333 exemption petition request.

Thank you foryourattention in this matter. Please notify Clark Kilbyofyour actions, and orapprovals. Thankyou, for your interest in this request.

Sincerely,

Clark Kilby



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