October 23, 2015 U.S. Dept. ofTransportation, 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 ofthe FAA Reform Act and Part 11 ofthe Federal Aviation Regulations Dear Sir or Madam: On behalf of Kucera International, Inc
. , and Pursuant to Section 333 ofthe 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, ofTitle 14, Code ofFederal Regulations ( 14 CFR). This proposed exemption would allow for the operation ofour 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 deliver s 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 ofthe 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 ofthe Restr ictions 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 mi ssion
. INTENDED USE: The requested exempti on 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-ma king • Aerial Photography • Aerial Mapping • Volumetric Surveys • Transportation Mapping Survey • Corr idor 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 cos t 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 hi storic buildings or archae o 1o 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 com bustible 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 minut es and operating speed less than 87 knots (100 miles per hour), UA's offer litt le 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 ofexemption as this request would not set a precedent.
• The reasons sta ted by the FAA for granting Exemption Nos. 11062, 11109, 11112, and 1121 3 also a

pply to this request • A grant ofexemption 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 AddendumPage 1 Addendum Page 1 Addendum Page 2 Addendum Page 2 AddendumPage 2 Addendum Page 3 Addendum Page 3 AddendumPage 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,



# S\--~~ Steven 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 ContainingExemption Requests and Equivalent Level ofSafety Appendix A

- Flight Limitations and Operations/ProceduresADDENDUM 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 ofairworthiness 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 requir ement 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 fuel s, 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. 

### Last ly, 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 ofthe 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 di splay 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 ma y be needed as the VA will have no entrance to the cabin , cockpit orpilot station on which the word "Experimental" can be placed. Given the size ofthe 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 ofsafety will be provided by having the VA mark ed on itsfuselage as required by 45.29 (f) where the pilot, observer and others working with the VA will see the identification ofthe VA as "Experimental. " 

### The FAA has issued the following exemptions to this regulation to Exemptions Nos
. 10700, 8738, 1016 7 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 ofsafety 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 whi l e 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 avai labl e 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, orpreparing 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. Ourproposed 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 ofUA , or 2. Meet the requirements of8900.227para 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 ofsafety 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 passenger s 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 ofa 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 contr ols during flight, wefeel that this technique meets the intent 9I.I09andprovides an equivalent level of safety
. 

### 14 CFR 91.119 Minimum safe altitudes: General. The regulation sta tes 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, 

### ifa power unitfails, an emergency landing without undue hazard to persons or property on the suiface. Therefore we maintain that due to the small size ofthe 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 sha ll maintain cruising altitudes by reference to an altimeter setting ava ilable within 100 NM ofthe aircraft. The VA will alwaysfly below 400feet AGL and will not need to maintain cruising altitudes in order to prevent conflict with other aircraft. AnAbove Ground Level altimeter measurement above the takeoffpoint is transmitted via radiofrom the VA'S on-board computer to the display screen held by the PIC, providing a constantly updatedAGL 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 ofthis 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 ofintended 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 askfor 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 9 1.409 require that the aircraft be "appr oved for return to service by a person authorized unde r 43.7" after maintenance and inspection. It is our intention that the PICperform maintenance and inspection of the aircraft and "be authorized to approve the aircraftfor 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 everyflight 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 maintenancefacility 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 ofthe 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 is sued 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 r equired to be in VLOS
. Given the unlikel y event that both the PIC and VO become medicall y incapacitat ed while the aircraft is inflight , the UA will return autonomously to the site oflaunching 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 requir ement sfor 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 medicall y qualified to operate a much Larger vehicle.APPENPIX A - Flicht Limjtat:jom and Qperatiom Handb9ok 

### <attached)