October 23, 2015 

U.S. Dept. of Transportation, Docket Operations 

West Building Ground Floor, Room w12-140 

1200 New Jersey Avenue, SE. 

Washington, DC 20590 

Submitted Electronically via the Federal Docket Management System (FDMS) 

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

Regulations 

Dear Sir or Madam: 

On behalf of Kucera International, Inc., and Pursuant to Section 333 of the FAA Modernization and Reform Act of 

2012 and 14 C.P.R. Part 11, I, Steven J. Smetters, Flight Operations Manager am seeking an exemption from Part 21 

Subpart H; and Sections 91.203 (a) (1), 45.23 (b), 91.7 (a), 91.9, 61.113, 61.133, 91.109, 91.119, 91.121, 91.151, and 

(91.40 1 - 91.417) Subpart E, of Title 14, Code of Federal Regulations ( 14 CFR). This proposed exemption would 

allow for the operation of our unmanned aircraft the Dll S900. 

THE UNMANNED AIRCRAFT (UA): 

• The UA's are lightweight (under 55lb. gross weight), battery operated multi-rotor copters that take off and 

land vertically and have the ability to hover in one location during flight. 

THE UA INCLUDES: 

• An on-board flight computer with GPS navigation and location ability that receives signals for flight 

controls from a ground-based transmitter/controller; 

• An on-board camera capable of capturing imagery in the form of full color, high definition still photos and 

video 

• An on-board telemetry system that delivers flight data from the on-board flight computer to the on-board radio 

transmitter including altitude AGL, horizontal and vertical speed, compass direction of flight and direction 

back to its launch site 

• A 5.8GHz on-board radio transmitter that transmits live video from the on-board camera plus all the flight data 

from the telemetry system described above 

THE GROUND STATION PORTION OF THE SYSTEM: 

• A Pilot in Command (PIC) In operational control of a mission from beginning to end, and who controls the 

UA while in the air 

• A 2.4GHz radio transmitter/controller operated by the PIC to control the UA while in flight 

• Ground Station (computer, tablet for smart phone based app) which receives and displays video and system 

telemetry real time from the UA 

• A Visual Observer (VO), a person who provides a second pair of eyes to visually track the UA while in 

flight. 
PILOT IN COMMAND (PIC) AND VISUAL OBSERVER: 

The PIC will meet the requirements outlined in FAA Policy N 8900.227 Section 16 personnel Qualifications. 

Kucera International will follow the UAS manufacturer's maintenance, overhaul, replacement, inspection and life limit 

requirements for the aircraft and it's components. 

I submit that the combination of the UA's light weight, flight performance and ability, fully qualified flight crew and 

strict operation under the guidelines established in 8900.227, and under all of the Restrictions listed above, the FAA 

can have full confidence that the operation will have an equivalent or greater level of safety than manned aircraft 

performing the same mission. 

INTENDED USE: 

The requested exemption would allow Kucera International, Inc. to use the UA for aerial image acquisition to 

support various mapping and surveying applications as well as video documentation for the public good. Typical 

applications would include, but are not limited to: 

• Videography/Film-making 

• Aerial Photography 

• Aerial Mapping 

• Volumetric Surveys 

• Transportation Mapping Survey 

• Corridor Mapping Surveys 

• Inspection Surveys 

The inherent ability of the UA to capture imagery including video, nadir and oblique photos from low altitude is 

far more cost effective than ground-based imagery collection techniques for obtaining and mapping features 

of buildings, bridges, power lines and other structures. The reduced cost and higher quality data from the UA will be 

beneficial to the public for applications such as preservation of historic buildings or archae o 1 o g i c a 1 sites 

where access is limited and project sites potentially sensitive to disruption. 

PUBLIC SAFETY: 

UA's, are powered by batteries, are smaller, lighter and more maneuverable than larger aircraft running on 

combustible fuel; they ca n operate autonomously at lower altitudes (under 400') thereby reducing current risk 

levels and enhancing public safety. With a small payload, maximum flight time of approximately 22 minutes and 

operating speed less than 87 knots (100 miles per hour), UA's offer little or no risk Lo national security. 

SUMMARY GRANT REQUEST: 

This request follows many others using similar systems and process that have been granted previously. I am requesting 

the FAA issue a summary grant of exemption as this request would not set a precedent. 

• The reasons stated by the FAA for granting Exemption Nos. 11062, 11109, 11112, and 11213 also 

apply to this request 

• A grant of exemption would be in the public interest. 
THE REGULATIONS FROM WHICH THE EXEMPTIONS ARE BEING REQUESTED 

Beside each regulation number is the page of the attached Addendum upon which each may be found together with 

a proposed equivalent level of safety for each regulation: 

- 14 CFR Part 21 Subpart H 

- 14 CFR 91.203 (a) (1) 

- 14 CFR 45.23 (b) 

- 14 CFR 91.7 (a) 

- 14 CFR 91.9 

- 14 CFR 61.113,61.133 

- 14 CFR 91.109, 91.119, 91.121 

- 14 CFR 91.151 

- 14 CFR Subpart E (91.401 - 91.417) 

-FAA Policy 8900.227 Paragraph 16(c)(4) and Paragraph 16(e)(1) 

UAS- DJI S900 utilizing A2 flight controller Information: 

DJI S900 

a. Max Weight (Battery & Propellers Included)- 18.1 lbs. 

b. Max Ascent Speed - 20 ft/s 

c. Max Flight Speed- 52.5 ft/s (36mph) 

d. Battery 

• Lithium polymer, 16000 rnAh, 25.2 Vdc 

Owner's manual Hyperlinks 

DJI 5900 

Addendum Page 1 

Addendum Page 1 

Addendum Page 1 

Addendum Page 2 

Addendum Page 2 

Addendum Page 2 

Addendum Page 3 

Addendum Page 3 

Addendum Page 4 

Addendum Page 4 

http:/ /download.dji-innovations.com/ downloads/s900/ en/S900 _User _Manual_ v1.2_ en.pdf 

(Control and Click) 

I am prepared to modify or amend any part of this request to satisfy the need for an equivalent level of 

safety. Please contact me at any time if you require additional information or clarification. 

Thank you for your consideration. 

Sincerely, 

Steven 

S\--~~ J. Smetters 

Flight Operations Manager 

Commercial Pilot/ Airplane Single & Multiengine Land; Instrument Airplane 

Certificate Number 3441339/AMA Member 612008 

Kucera Inemational, Inc. 

3889 Grove City Road 

Grove City, Ohio 43123 

Phone: 614-539-3925 Fax: 614-539-3928 

s.smetters@ hendersonaerial.com 

Addendum Containing Exemption Requests and Equivalent Level of Safety Appendix A -

Flight Limitations and Operations/Procedures 
ADDENDUM 

EXEMPTION REQUESTS AND EOJJIYAidENT LEYEL OF SAFETY 

I, Steven J. Smetters, Flight Operations Manager for Kucera International, Inc., request an exemption from the 

following regulations as well as any additional regulations that may technically apply to the operations of the DJI 

S900. 

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 UA to be utilized by the Petitioner, an 

exemption from Part 21 Subpart H meets the requirements of an equivalent level of safety under Part 11 

and Section 333 of the FMRA. The Federal Aviation Act (49 U.S.C.44701 (f)) and Section 333 of the 

FMRA both authorize the FAA to exempt aircraft from the requirement for an airworthiness certificate, 

upon consideration of the size, weight, speed, operational capability, and proximity to airports and 

populated areas of the particular UA. In all cases, an analysis of these criteria demonstrates that the UA 

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. The UA to be 

operated hereunder is less than 55 lbs. fully loaded, is by definition unmanned and carries neither a pilot 

nor passenger, carries no explosive materials or flammable liquid fuels, and operates exclusively within a 

limited flight area. Unlike other civil aircraft, operations under this exemption will be tightly controlled 

and monitored by the Operator and will also remain within the requirements of, and in compliance 

with, local public safety requirements. These safety enhancements, which already apply to civil aircraft 

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 UA due 

to its size, speed of operation, location of operation, lack of explosive materials or flammable liquid fuels, 

and inability to carry a substantial external load. 

14 C.F.R. 45.23 (b). Marking of the Aircraft 

The 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 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 UA will have no airworthiness certificate, an exemption may be needed as the VA will have no 

entrance to the cabin, cockpit or pilot station on which the word "Experimental" can be placed. Given the size of the 

VA, two-inch lettering will be impossible. The word "Experimental" will be placed on the fuselage in compliance 

with 45.29 (f). The equivalent level of safety will be provided by having the VA marked on its fuselage as required 

by 45.29 (f) where the pilot, observer and others working with the VA will see the identification of the VA as 

"Experimental. " 

The FAA has issued the following exemptions to this regulation to Exemptions Nos. 10700, 8738, 10167 and 10167 A. 
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 of the aircraft and the requirements 

contained herein for the use of safety check lists prior to each flight, an equivalent level of safety will be provided. 

14 CFR 91.9 Civil aircraft flight manual, marking, and placard requirements. 

This regulation provides that no person may operate an aircraft unless a current, approved flight manual is in the 

aircraft. We assume that the intent of this requirement is to ensure that flight manual information is available to the 

aircrew while operating the aircraft. We request an exemption to this requirement since the aircraft is not only too 

small to carry documentation; the documentation would not be available to the crew during flight operations. 

To obtain an equivalent level of safety and meet the intent of 91.9, we propose that a current, approved UA 

Flight Operations/Procedures (Appendix A) must be available to the crew at the ground station anytime the aircraft 

is in, or preparing for, flight. 

The FAA has issued the following exemptions to this regulation: Exemption Nos. 8607, 8737, 8738, 

9299, 9299A, 9565,95658, 10167, 10167A, 10602, 32827, and 10700. 

14 CFR 61.113 Private pilot privileges and limitations: Pilot in Command and 61.133 Commercial pilot 

privileges and limitations. 

The regulation provides that no person that holds a private pilot certificate may act as pilot in command of an aircraft 

for compensation or hire. Subparagraph (b) allows a private pilot to act as pilot in command of an aircraft in 

connection with any business or employment if: (1) The flight is only incidental to that business or employment; 

and (2) The aircraft does not carry passengers or property for compensation or hire. 

Our proposed operations require that the PIC must either 

1. Hold a Private or Sport Pilot Certificate issued by the FAA, and have logged 10 hours of.flight experience 

in this type of UA, or 

2. Meet the requirements of 8900.227 para 16(c)(2)(c) "Operations without a pilot certificate" in which the 

PIC is required to complete "FAA private pilot ground instruction" and pass "the FAA Private Pilot 

written examination." Since there are currently no means available for the pilot of a UA to gain the 

experience in an equivalent category and class in order to apply for a private pilot's license, we propose to 

generate an equivalent level of safety by requiring our pilots to complete, at a minimum, FAA private 

pilot ground instruction and pass the FAA Private Pilot written examination in addition to completing 

the private pilot requirements. Since the aircraft cannot carry passengers or property, we feel that we 

meet the intent of 

61.113 Subparagraph (b) even though the intent of this application is to conduct a business. 
14 CFR 91.109 Flight Instruction; Simulated instrument flight and certain flight tests 

The regulation states that "No person may operate a civil aircraft that is being used for flight instruction unless that 

aircraft has fully functioning dual controls." 

The VA 's ground-based control station consists of a small hand-held radio transmitter and while it does not offer a 

second set of "controls", both the student and instructor can, and will, operate the single set of controls 

simultaneously. With both student and instructor having "hands-on" the controls during flight, we feel that this 

technique meets the intent 9 I. I 09 and provides an equivalent level of safety. 

14 CFR 91.119 Minimum safe altitudes: General. 

The regulation states that over sparsely populated areas the aircraft cannot be operated closer than 500 feet to any 

person, vessel, vehicle, or structure. Since the aircraft will be operating at a maximum of 400 feet AGL, we cannot 

comply with this requirement. 

In order to provide an equivalent level of safety The VA 's will not be operated over congested areas or over any open 

air assembly of persons with prior approval. Any property owner affected will be briefed on the expected route of 

flight and the asso~iated risks to persons and property on the ground. The aircraft will be operated at a low 

altitude allowing, if a power unit fails, an emergency landing without undue hazard to persons or property on the 

suiface. Therefore we maintain that due to the small size of the VA, the hazard to persons, vehicles and structures 

is minimal compared to manned aircraft, which should be considered in granting the exemption. 

14 CFR 91.121 Altimeter Settings. 

The regulation requires that aircraft shall maintain cruising altitudes by reference to an altimeter setting 

available within 100 NM of the aircraft. 

The VA will always fly below 400 feet AGL and will not need to maintain cruising altitudes in order to prevent 

conflict with other aircraft. An Above Ground Level altimeter measurement above the takeoff point is transmitted via 

radio from the VA'S on-board computer to the display screen held by the PIC, providing a constantly updated AGL 

readout. 

14 CFR 91.151 Fuel requirements for flight in VFR conditions. 

The regulation provides that no person may begin a flight in an airplane under day-VFR conditions unless there is 

enough fuel to fly to the first point of intended landing and to fly after that for at least 30 minutes. 

The intention of this paragraph is to provide an energy reserve as a safety buffer for delays to landing. Each UA is 

battery operated and the maximum duration of flight from a single battery charge is 18 minutes with a 20% 

reserve. Since the aircraft will never fly more than 3/4NM from the point of intended landing, a full battery 

charge at launch will ensure that we meet the reserve energy requirement of this paragraph. We request an 

exemption to the word "fuel" and ask for an equivalent interpretation with the word "energy". 
14 CFR Subpart E (91.401- 91.417)- Maintenance, Preventive Maintenance, Alterations 

The regulation provides that the operator is primarily responsible for maintaining the aircraft in an airworthy 

condition, including compliance with part 39 and 43. Paragraphs 91.407 and 

91.409 require that the aircraft be "approved for return to service by a person authorized under 43.7" after 

maintenance and inspection. 

It is our intention that the PIC perform maintenance and inspection of the aircraft and "be authorized to approve the 

aircraft for return to service." As provided in the Pre-Flight Checklist in Appendix A, the PIC will ensure that the 

aircraft is in an airworthy condition prior to every flight and in addition conduct detailed inspections after every 

two hours of flight. Maintenance performed by the PIC is Limited to repairing small cracks, replacing a propeller, 

checking electrical connections and updating software and firmware for the on-board computer. ALL other 

maintenance will be performed by the Operator who has an aviation maintenance facility with FAA licensed 

Airframe & Powerplant mechanics also having extensive experience with the DJI S900m frame and 

electronic systems. The Operator's Airframe and Power plant mechanic and PIC will document work 

performed in accordance with 9I.417. We feel that due to the size, construction, and simplicity of the aircraft, the 

PIC can ensure an equivalent level of safety. 

8900.227 Paragraph 16(c)(4) PIC Medical. And Paragraph 16(e)(1) Observer Medical. 

This policy provides that both the PIC and VO must have a valid FAA second-class medical certificate issued under 

prut 67 in order to perform as a pilot or observer. 

The UA 's maximum gross weights are each less than 18lbs., are constructed primarily of, plastic and carbon 

fiber. The PIC is not on board. Both the PIC and the VO are required to be in VLOS. Given the unlikely event that 

both the PIC and VO become medically incapacitated while the aircraft is in flight, the UA will return autonomously 

to the site of launching and land without crew intervention. Therefore, requiring the PIC and VO to meet the same 

medical requirements as commercial pilot carrying passengers in a large aircraft is an unnecessary burden. 

We propose that the minimum medical requirements for the PIC and VO be vision corrected to 20120 and a valid, state 

issued driver's license. The 20/20 vision requirement will ensure that the PIC and VO see and avoid air traffic; a 

licensed driver is medically qualified to operate a much Larger vehicle. 
APPENPIX A - Flicht Limjtat:jom and Qperatiom Handb9ok <attached)