December 15, 2015

U.S. DepartmentofTransportation, Docket Operations WestBuilding Ground Floor, Room W12-140 1200 New JerseyAvenue, SE Washington, DC 20590

PETITION FOR SUMMARY EXEMPTION

DearSirorMadam:

Pursuant to Section 333 of the FAA Modernization and Reform Act of 2012 (herein referred to as FMRA) and 14 CFR Part 11, Kyklos Engineering, LLC ( "Kyklos") hereby applies for an exemption from the listed Federal Aviation Regulations to allow commercial operation of sUAS for the acquisition of aerial data, environmental monitoring, monitoring of devices and for materials integral to oil and gas and pipeline operations, inspecting, aerial inspection of plant infrastructure, mapping and monitoring, so long as such operations are conducted within and under the conditions outlinedherein or as maybe establishedbytheFAA.

The intended use ofthese sUAS operations contemplated underthis petitionis inthe public interest because it clearly satisfies the exemplaryuses ofsUAS (replacingworkthatis dangerous, difficult, dull

or dirty) and atthe sametime provides an equivalentorgreaterlevel ofsafetythan approved manned aircraft operations.

As detailedinthis documentand the attachedAppendix 1therequested exemption would permit the operation of UAS platforms previously approved by the FAA for commercial operations in the United States. Approval of this exemption would therebyenhance safety and fulfill the Secretaryof Transportation'sresponsibilities to "

...establish requirements for the safe operation of such aircraft systems in the national airspace system." Section 33 3(c) Reform Act.

The requested exemption is also based on exemptions previously approved bythe Administrator and noted below and intheAppendix 1, and Kyklos Engineering hereby confirms thatitwill accept such conditions as well as those setforth inthese exemptions (including, butnotlimitedto Exemptions 11110, 1112, 11240, 11213,11257, and others). As this exemption requestis identical to the alreadyissued precedents, this request should qualify for summaryprocessing as the FAA has alreadyprovided public notice ofand granted similar exemptions. The FAA has issued exemption in circumstances similar in all material respects to those presented in this petition.

Ifwe can provide additionalinformationto assistyour review, please do nothesitate to contactme by telephone oremail.

The name and address ofthe applicantis: • 

## ..t::?'

Kyklos Engineering. LLC

# ~**~/A** Mark R. Gibson

### ~~ - Principal 700 Colorado Blvd, Suite 250 Denver, Colorado 80206

1Telephone 702.975.3402 Email: markgibsonj24@hotmail.com



### Regulationsfrom which the exemptionis requested:

14 CFR Part 21(h) 14 CFR43.7 & 14 CFR43.11 14CFR45.11 & 14CFR45.21 & 14 CFR45.23(b) 14CFR 45.25 & 14CFR45.27 & 14 CFR 45.29 14 CFR47.3(b)(2) 14CFR47.31(c) 14 CFR 61.113(a) & (b) 14 CFR 91.7(a) 14 CFR 91.9(b)(2) & 14 CFR 91.9(c) 14 CFR 91.103 14 CFR 91.105 14 CFR 91.109 14 CFR 91.113(b) 14 CFR 91.115 14 CFR 91.119 14 CFR 91.121 14 CFR 91.151 14 CFR 91.203(a) & (b) 14 CFR 91.405(a); 407(a)(1); 409(a)(2); 417(a) & (b) 14 CFR 215

AUTHORITY FOR EXEMPTIONS

The Federal Aviation Act expressly grants the FAA authority to issue exemptions. This statutory authorityincludes exempting civil aircraft, as the term is defined under §40101 oftheAct, including UAS, from the requirementthatall civil aircraft musthave a currentairworthiness certificate.

The Administratormay grantan exemption from a requirementofa regulation prescribed under subsection (a) or (b) ofthis section or any sections §44702-44716 of this title iftheAdministrator finds the exemption in the public interest. 49 USC §44701(f). See also 49 USC §44711(a); 49 USC §44704; 14 CFR 91.203(a)(1).

2Section 333(b) ofthe Reform Act assists the Secretary in determiningwhetherUAS may operate in the national airspace system without creating a hazard to the user, the public, or a threatto national security. In makingthis determination, the Secretarymust consider:

• The UAS' size, weight, speed and operational capability;

• Whetherthe UAS operateswithin the visual line ofsight ofthe operator;
• Whetherthe UAS operates outside ofhighly populated areas and away from close proximityto airports.

Reform Act 333(a). If the Secretary determines that a UAS 

### umay operate safely in the national airspace system, the Secretary shall establish requirements for the safe operation ofsuch aircraftin the national airspace system." Id. 333(c).

BACKGROUND ON KYKLOS ENGINEERING
Kyklos Engineering is a limited liability corporation organized in the State ofColorado that provides environmental monitoring and compliance counseling and services, and focusses on the development and adoption ofinnovative cost-effective monitoring paradigms. The firm's principal is Mark Gibson, who has over 30 years' experience in environmental regulation and

sensor manufacturing; he has received a B.S. degree in aerospace engineering and an M.S. in mineral economics, and holds a private pilot certificate from the Federal Aviation Administration; he has 10 years ofexperience constructing and flying R/C aircraft, and has over 1,000 hours flying low-speed, low-altitude aircraft. Kyklos Engineeringintends to provide and perfectthe next generation ofenvironmental and operational monitoring services and operate Small Unmanned Aircraft Systems so as to offer surveillance services that are notpredicated on historical Itdirty, dangerous and difficult" modes ofoperation.

UAS AND OPERATIONAL DESCRIPTION
Kyklos seeks to commercially operate a variety ofUAS vehicles weighing less than 55 pounds (including payload) in the United States for the purpose of acquiring aerial data and environmental monitoring. Appendix 1 (attached) to this petition lists the aircraft that Kyklos contemplates operating. In prior. similar exemptions the Secretary

3has approved every UAS platform included in Appendix 1. (See FAA Exemption 12646, Docket No.FAA-2015-1602)
As the operator ofthese aircraft, Kyklos is committed to the following conditions and limitations on its operations. Kyklos understands that failure to comply will be grounds for the immediate suspension or rescission any exemption granted.

1. Operations are limitedto the UAS listed in theAppendixwhenweighingless than 55 pounds includingpayload.

2. Operations for the purpose ofclosed-set motion picture and television filming

are notcontemplated.

3. The aircraft will not be operated at a speed exceeding 87 knots (100 miles per hour). In no case will the aircraft be operated at airspeeds greater than the maximum aircraft operatingairspeed recommendedbythe aircraft manufacturer.

4. The aircraftwill be operated at an altitude ofno more than 400 feet above ground level (AGL). Altitude mustbe reportedin feet AGL.

5. The aircraft will be operated within visual line of sight (VLOS) of the Pilot in Command (PIC) at all times. This requires the PIC to be able to use humanvision unaided by any device otherthan corrective lenses, as specified on the PIC's U.S. driver's license.

6. All operations will utilize a visual observer (VO). The aircraft will be operated within thevisual line ofsight (VLOS) ofthe PIC andVO atall times.

7. All operatingdocuments needed to operatethe UAS and will be accessible during UAS operations and made available to the Administrator upon request. The operator will also present updated and revised documents if it petitions for extension or amendment.

8. Any UAS that has undergone maintenance or alterations that affect the UAS operation or flight characteristics, e.g. replacement ofa flight critical component, will undergo a functional testflight priorto conductingfurther operations.

9. Kyklos is responsible for maintaining and inspecting the UAS to ensurethatit is in

a condition for safe operation.

410. Prior to each flight, the PIC will conducta pre-flight inspection and determinethe UAS is in a conditionfor safe flight.

11. Kyklos will follow the UAS manufacturer's maintenance, overhaul, replacement, inspection, and life limitrequirementsfor the aircraft and aircraft components.

12. Each UAS operated under this exemption will comply with all manufacturer safetybulletins.

13. The PIC will hold a UAS flight training certificate, in some cases training directly from the aircraft manufacturer, and 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, and/or a private orcommercial pilot's certificate from the U.S. Federal Aviation Administration.

14. Kyklos will 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 to acquire aerial data, including evasive and emergency maneuvers and maintaining appropriate distances from persons, vessels, vehicles and structures. PIC qualification flight hours and currencywill be logged in a manner consistent with 14 CFR § 61.51(b). Kyklos will operate flights for the purposes of training Kyklos PICs and VOs (training, proficiency, and experience-building) and determining andverifyingthe PIC's abilityto safely operatethe UAS.

15. UAS operations will not be conducted during night, as defined in 14 CFR § 1.1. All operationswill be conductedundervisual meteorological conditions (VMC).

16. The aircraft will 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 ofthe airport symbol as denoted on current FAA-published aeronautical charts, unless a letter of agreement with that airport's managementis obtainedor otherwisepermittedby a COA.

17. The aircraft will 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. Ifthe UAS loses communications or loses its GPS signal, the aircraft will return to

a pre-determinedlocation.

19. The PIC will abortthe flight in the eventofunpredicted obstacles or emergencies.

520. The PIC will be prohibited from beginning a flight unless (considering wind and forecast weather conditions) there is enough available power or fuel for the aircraftto conductthe intended operation and to operate after that for atleast five minutes or with the reserve power or fuel recommended by the manufacturer if greater.

21. All operations shall be conducted in accordance with an ATO-issued COA ifthe blanketCOA does not covertheintended operation.

22. All aircraft operated will 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 will be as large as practicable.

23. Documents used by Kyklos to ensure the safe operation and flight ofthe UAS and any documents required under 14 CFR §§ 91.9 and 91.203 will be available to the PIC at the Ground Control Station of the UAS any time the aircraft is operating.

24. The aircraftwill remain clear and give way to all manned aviation operations and activities at all times.

25. The UAS may be, on occasion, operatedby the PIC from a moving device or vehicle; however, specific requests will be maoevia subsequentCOA.

26. All flight operations will be conducted at least 500 feet from all nonparticipating

·persons, vessels, vehicles, and structuresunless:

a. Barriers or structures are present that sufficiently protect nonparticipating persons from the aircraft ordebris in the eventofan accident; or

b. The owner

## Ioperatorofanyvessels, vehicles or structures has granted permission for operating closer to those objects and the PIC has made an assessment of the risk ofoperating closer to those objects and determined that it does not presentan unduehazard.

27. The PIC, VO, operator trainees or essential persons, underthis exemption, will not be considered nonparticipating persons.

28. All operations conducted over private or controlled-access property will be conducted with the permission from the property owner

## Icontroller or authorized

6representative. Permission from property owner

### Icontroller or authorized representativewill be obtained for each flight to be conducted.

29. Any incident, accident, or flight operation that transgresses the lateral or vertical boundaries of the operational area as defined by the applicable COA will 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.

7DESCRIPTION OF SPECIFIC REGULATIONS

14 CFR Part 21. SubpartH: Airworthiness certificates Subpart H, 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 by Kyklos, an exemption from Part 21 Subpart H meets the requirements ofan equivalent level ofsafety under Part 11 and Section 333 of the Reform Act. The Federal Aviation Act (49 USC §44701(f)) and Section 333 ofthe Reform Act 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 UAS. In all
cases, an analysis of these criteria demonstrates that the UAS operated without an airworthiness certificate, in the restricted environmentand underthe conditions proposed, will be at least as safe, or safer, than a conventional aircraft operating with an airworthiness certificatewithouttherestrictions and conditions proposed.

14 CFR 43.7 Persons authorized to approve aircraft. airframes. aircraft engines. propellers. appliances. or component parts for retgrun to service after maintenance. preventive maintenance. rebuilding. oralteration.
Kyklos requests an exemption for 14 CFR 43.7. This partprovides, inter alia, thatthe holder of.a mechanic certificate or a repair station certificate may approve an aircraft, (et al) for return ofservice. The nature ofthe sUAS is that ofa model aircraft, and the operators ofKyklos who will maintain and when necessaryrepairthe sUAS have engineering degrees and/orFAA private pilot certificates. The operators will conduct inspections and maintenance based on maintenance guidelines provided bythe manufacturers. The capabilities ofthese operators to maintain and repairthe sUAS will meet the requirements for an equivalent level ofsafetypursuantto Section 333 for the type ofsUAS, its intended use, and the rural operating environment.

14 CFR 43.11: Content. form and disposition ofrecords for inspections conducted under parts 91 and 125 and §§135.411(a)(1) and 135.419 ofthis chapter.
Kyklos requests an exemption from 14 CFR 43.11. This partprovides, inter alia, that maintenance record entriesbe maintained and for the listing ofdiscrepancies and placards by inspectors. The sUAS, due to its small size, does nothave room for placards and no inspections for sUAS have been certified by FAA atthe presenttime. However, as

8a condition to the approval ofexemption, Kyklos will keep log books ofall maintenance and repairs.

14 CFR 45.11: marking ofproducts.
Kyklos requests an exemption from 14 CFR 45.1. this provides, inter alia, thatthe manufacturers ofaircraft, engines, propellers, mark such aircraft (etc.) with an approved fireproofidentification plate. The sUAS, due to its small size, does nothave room for fireproofplacards to beplaced in it. Any required placards could become hazardous, due to the additional weight and strain placed on the sUAS.

14 CFR 45.21: General.
Kyklos requests an exemption from 14 CFR 45.21. this partprovides inter alia, thatexcept

as provided in §45.22, no person may operate a U.S.-registered aircraft unless that aircraft displays nationalityand registration marks in accordance with the requirements ofthis section and §§45.23 through 45.33. There are no currentprocedures for obtaining a registration markfor sUASs bythe FAA. However, as a condition to the approval of exemption, Kyklos is willing to be assigned a registration number and to display itwhere practicable as addressed in this petition relative to Parts 23, 27, and 29, below.

14 CFR45.23(b): Marking ofthe aircraft.

This regulation requires thatcertain experimental,provisionallycertified aircraft, orlightsport category aircraft to be marked with letters between 2 inches and 6 inches high "limited", "restricted," "light-sport," "experimental," or "provisional," near each entranceto

a cabin, cockpit or pilot station. Even though the UAS will 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, 2 inch lettering may be impossible. Kyklos will mark the UAS as practicable.

14 C.F.R. 45.25: Location ofmarks on fixed-wing aircraft.

The sUAS may be a multirotor model aircraft and is notfixed-wing. Therefore, 14 C.F.R. 45.25 is inapplicable. Should fix wing sUAS be utilized, Kyklos requests and exemption and Kyklos will seekto conform to this requirementto the extent practicable; the size of

9the markingwill be determinedbythe size ofthe aircraft, and, on occasion, may be less than 1 inch in size.

H. 14 C.F.R. 45.27: Location ofmarks: nonfixed-wing aircraft.
Kyklos requests an exemption from 14 C.F.R. 45.27. This partprovides, inter alia, thateach operator ofa rotorcraft mustdisplay on thatrotorcrafthorizontally

onboth surfaces ofthe cabin, fuselage, boom, ortail the marks required by §45.23. The sUAS, due to its small size, does nothave a cabin, fuselage, boom ortail to displaythe marks required by §45.23.

14 C.F.R. 45.29: Size ofmarks.
Kyklos requests an exemption from 14 C.F.R. 45.27. This partprovides, inter alia, at subpart (3) thattheregistration marks for rotorcraft mustbe atleast 12 inches high. The sUAS, dueto its small size, does nothave any surface area large enough to display marks anywhere near 12 inches high. However, as a condition to the approval of exemption, Kyklos is willing to affix an aircraft markto one ormore ofthe "arms" ofthe sUAS. The size ofthe markingwill be determined bythe size ofthe "arm" beingused and maybe less than 1 inch in size.

14 C.F.R. 47.3(b)(2): Registration required.

Kyklos requests an exemption from 14 C.F.R. 47.3(b)(2). This partprovides "(b) No person may operate an aircraftthatis eligible for registration under49 U.S.C. 44101-44104, unless the aircraft-(1) Has been registered byits owner; [or] (2) Is carrying aboard thetemporary authorization required by §47.31(c)." There are no currentprocedures for obtaining a registration markfor sUASs bythe FAA. However, as a condition to the approval ofexemption, Kyklos is willing to be assigned a registration numberprovided by FAA and to display itwhere practicable

as addressed in this petition relative to Parts 23, 27, and 29, above.

14 C.F.R. 47.31(c): Application.
Kyklos requests an exemption from 14 C.F.R.47.31 (c). This partprovides "(c) After compliance with paragraph (a) ofthis section, the applicant for registration

10ofan aircraftlastpreviously registered in the United States mustcarrythe second copy of theAircraft RegistrationApplication in the aircraft as temporary authorityto operate withoutregistration."

Because FAA currentlyhas no process for registering sUAS, itis impossible to comply with Part47.31(a), which states, inter alia: "(a) Each applicantfor a Certificate ofAircraft 15 Registration, AC Form 8050-3 must submitthe following to the Registry: (1) An Aircraft Registration Application, AC Form 8050-1, signed bythe applicant in the manner prescribedby §47.13; (2) The original Aircraft Bill ofSale, AC Form 8050-2, orother evidence ofownership authorized by §47.33, §47.35, or §47.37 (unless alreadyrecorded atthe Registry)."

4 CFR 61.113(a) & (b): Privatepilotprivileges and limitations: Pilotin command

Sections 61.113(a) and (b) limit private pilots to non-commercial operations. Because the UAS will not carry a pilot or passengers, the proposed operations can achieve the equivalent level of safety of current operations by requiring the pilot operating the aircraft to have completed a UAS flight-training course. Unlike a conventional aircraft that carries the pilot and passengers, the UAS is remotely controlled. The area of operation is controlled and restricted, and all flights are planned and coordinated in advance. The risks associated with the operation ofthe UAS are so diminished from the level of risk associated with commercial operations contemplated by Part 61 when drafted, that allowing operations of the UAS as requested exceeds the present level of safety achieved by 14 CFR 61.113(a) and (b).

14 CFR 91.7(a): Civil aircraftairworthiness

The regulation requires thatno person may operate a civil aircraftunless it is in airworthycondition. As there will be no airworthiness certificate issued for the aircraft Kyklos contemplates operating, should this exemption be granted, no FAA regulatory standard will exist for determining airworthiness. Given the size ofthe aircraft and the operational restrictions puton the aircraft, an equivalentlevel ofsafety will be provided.

1114 CFR 91.9(b)(2): Civil aircraftflight manual. marking and placard requirements

The UAS, given its size and configuration has no ability or place to carry such a flight manual on the aircraft, not onlybecausethereis no pilot on board, butbecausethere is

no room or capacityto carry such an item on the aircraft. The equivalentlevel ofsafety will be maintained by keeping the Operating Manuals at the ground control point where thepilot (PIC) flying the UAS will have immediate access to it. The FAA has issued the following similar exemptions to this regulation: Exemption Nos. 8607, 8737, 8738, 9299, 9299A, 9565, 95658, 10167, 10167 A, 10602, 32827, and 10700.

14 C.F.R. 91.9(c): Civil aircraftflight manual. marking. and placard requirements.
Kyklos requests an exemption from 14 C.F.R. 91.9(c). This partprovides: "(c) No person may operate a U.S.-registered civil aircraft unless that aircraftis identified in accordance with part45 ofthis chapter."As stated above, there is no currentregistration process for sUAS; and the sUAS, due to its small size, does nothave room to contain fireproofplacard

orto display aircraft marks in a conventional size. However, as a condition to the approval ofexemption, Kyklos is willing to affix an aircraft markto one or more ofthe "arms" ofthe sUAS. The size ofthe markingwill be determined bythe size ofthe "arm" beingused and may beless than 1 inch in size.

14 CFR 91.103: Preflight action.

This regulation requires each pilot in command take certain actions before flight to

ensure the safety of flight. An exemption is needed from this requirement, as the pilot will take separate preflight actions, including checking for weather conditions, checking flight battery or fuel requirements, checking takeoff and landing distances, and all other actions in the Operating Manual(s) and safety checklists. These actions will provide

an equivalentlevel ofsafety.

14 C.F.R. 91.105: Flight crewmembers at stations.
Kyklos requests an exemption from 14 C.F.R. 91.105 since this partis notapplicable due to the sUAS carrying no flight crewmembers. However, to achieve an equivalentlevel ofsafety, Kyklos will not operate the aircraftunless

someone is atthe controls atall times.

1214 CFR 91.109: Flightinstruction.

Section 91.103 provides that no person may operate a civil aircraft (except a manned free balloon) that is being used for flight instruction unless that aircraft has fully functioning dual controls. By design, sUAS do nothave fully functional dual controls. Flight control is accomplished through the use of a control box that communicates with the aircraft via radio communications.The equivalentlevel ofsafetyis providedbythe fact thatneither a pilotnor passengerswill be carriedin the aircraft, the abilityto control the sUAS via radio signals from the controllerand bythe size and speed ofthe aircraft. The FAA has approved exemptions for flight trainingwithoutfully functional dual controls for a number ofaircraft and for flight instruction in experimental aircraft. See Exemption Nos.5778K &9862A.

14 C.F.R. 91.113(b): Right-of-way rules: Except water operations. Kyklos requests an exemption from 14 C.F.R. 113(b) to the extentthatitapplies to overhead aircraft operating at or above 500 feet AGL as the sUAS will be operating no higherthan400 feet AGL. This partprovides:
"(b): General. When weather conditions permit, regardless ofwhether an operation is conducted underinstrumentflight rules orvisual flight rules, vigilance snail be maintained byeach person operatingan aircraft so as to see and avoid other aircraft. When a rule ofthis section gives another aircraftthe right-of-way, the pilot shall give wayto thataircraft and maynot pass over, under, or ahead ofit unless well dear."

For example, ifanother aircraftis operating overhead at 10,000 feet AGL there is no danger posedto that other aircraftifthe sUAS is operatingunderit or ahead ofitat or beneath 400 feet AGL. However, as a condition to the approval ofexemption, Kyklos will operate its sUAS to see and avoid and give wayto other aircraftthat should enter airspace at orbelow400 feetAGL.

14 C.F.R. 91.115: Right-of-way rules: water operations.

This Partdoes not apply as Kyklos does notplan on operations on or overbodies ofwater.

14 CFR 91.119: Minimum safe altitudes

Section 91.119 establishes safe altitudes for operation of civil aircraft. The UAS will

never operate at altitude higher than 400 AGL and all operations will occur during daylighthours underVisual Meteorological Conditions (VMC) only.

13The equivalent level of safety will be achieved given the size, weight and speed of the sUAS as well as the location where it is operated. No flight will 5e taken without the permission ofthe propertyowner. Because advance notice to the property owner and any onsite personnel, as well as the precautions outlined below, all affected individuals will be aware ofthe planned flight operations.
Flight operations will be conducted at least 500 feet from all non-participating persons (persons other than the pilot in command (PIC) or visual observer (VO)), vessels, vehicles and structures, unless operations do notpresentan unduehazard.

The UAS will remain within visual line ofsight ofthe PIC orVO. Flight operations will be conducted atleast 5 miles from an airport. The PIC orVO will provide notification to the local Flight Standards District Office and airport controller ofall operations within 5 miles ofan airport. The FAA will have advance notice ofall operations through the filing ofnotices-to-airmen.
Compared to flight operations with aircraft or rotorcraftweighing far more than the UAS proposed herein, any risk associated with our operations is far less than those presentlypresented with helicopters and other conventional aircraft operating at or below 500 feet AGL. In addition, the low-altitude operations ofthe UAS will ensure separation betweenthese UAS operations and the operations ofconventional aircraft that must comply with Section 91.119.

14 CFR 91.121: Altimeter Settings Kyklos requests an exemption from 14 CFR 91.121. This regulation requires each person operatingthe aircraftto maintain cruising altitudebyreference to an altimeter that is set "

...to the elevation of the departure airport or an appropriate altimeter setting available before departure." As the UAS may not have a barometric altimeter, but instead a GPS altitude read out, an exemption may be needed. An equivalent level of safety will be achieved by the PIC confirming the altitude ofthe launch site shown

on the GPS altitude indicatorbeforeflight.

14 CFR 91.151(a): Fuel requirementsfor flight in VFR conditions.

Section 91.151(a) outlines fuel requirements for beginning a flight in VFR conditions. Relieffrom Section 91.151(a)(1) is requested to the extent required to allow flights of

a variety ofUAS during daylight hours in visual flight rules (VFR) conditions to continue until 90 percent ofremaining battery power or fuel reserves remain. Kyklos

14seeks the requested reliefbecause without an exemption from Section 91.151(a)(1), the flight time duration ofthe selected aircraftwill be reduced and severely constrain the practicality ofany aerial acquisition ofdatathat Kyklos proposes to conduct pursuantto this Petition.

The technical specifications of the proposed UAS, their Operations Manuals, and**K~klos'** proposed operating limitations, ensure that Kyklos will safely operate the selected aircraft dunng daylight hours in VFR conditions until 90 percent ofremaining batterypower orfuel reserves remain. Similar exemptions have been granted to other operations, including Exemptions 2689F, 5745, 10673, 10808, and 12646.

14 CFR 91.203(a) &(b): Carrying civil aircraft certification and registration Kyklos requests and exemption from 14CFR 91.203(a)&(b).

The UAS has no cabin, cockpit or pilot station and is operated without an onboard pilot. Therefore, there is no ability or place to carry certification and registration documents

orto display them on the UAS. An equivalent level of safety will be achieved by keepingthese documents at the ground control point where the PIC andVO flying the UAS will have immediate access to them, to the extenttheyare applicableto the UAS.

14 CFR 91.405(a): 407(a)(1): 409(a)(2): 417(a) &(b): Maintenance Inspections

These regulations require that an aircraft operator or owner "shall have that aircraftinspected as prescribed in subpart E ofthis part and shall between required inspections, except as provided in paragraph (c) of this section, have discrepancies repaired as prescribed in part43 ofthis chapter

...," and others shall inspectormaintain the aircraftin compliancewith Part43.

Given that these sections and Part 43 apply only to aircraft with an airworthiness certificate, these sections will not apply to Kyklos. Maintenance will be accomplished pursuant to the User Guide and Operating Manual. An equivalent level of safety will be achieved because these UASs are limited in size and will carry a small payload and operate only in restricted areas for limited periods oftime. Ifmechanical issues arise, the UAS can land immediatelyand will be operatingfrom no higherthan 400 feet AGL. The PIC will ensure that the UAS is in working order prior to initiating flight, perform required maintenance and keep a log ofany maintenance performed. Moreover, the PIC is the person most familiar with the aircraft and best suited to maintain the aircraft in an airworthyconditionto providethe equivalentlevel ofsafety.

1514 C.F.R. 91.215: ATC Transponder andAltitude Reporting Equipment and Use
Kyklos requests an exemption from 14 CFR 91.215. This section requires thatinstalled Air Traffic Control (ATC) transponder equipment must meet specific performance and environmental requirements, and aircraft mustbe equippedwith an operable coded radarbeacontransponder. There are presently no known commercially available ATC transponders thatmeetthepayload requirements ofa sUAS and are available at reasonable cost. However, because the sUASs used by Kyklos will notbeflying into or
near airports, and will fly no higher than 400 feet AGL, there is verylowrisk ofcollision with any manned aircraft. In addition, because therewill be no need to have contemporaneous communication with Air Traffic Control, due to the shortdistances, shortflight times, and restricted altitude the sUASs will operate within, Kyklos requests

an exemption from this section. Additionally, the sUAS is too small to containATC transponder equipmentin anyform factor thatis known to be available commercially.

PUBLIC INTEREST
Approval of exemptions allowing commercial operations ofUASs for aerial acquisition of data enhances safety while reducing risk. Manned aircraft in certain application such

as pipeline monitoring create a greater risk because the aircraft are much larger and carry an onboard human pilot. In contrast, a UAS weighing 55 pounds or less will carry no passengers or crew and, therefore, will not expose them to the risks associated with manned aircraft flights. In addition, additional streams of aerial data will allow large commercial entities to make decisions about how to best deploy ground resources and ensurethe safetyand cost-effectiveness oftheir operations.
Grantingthe exemption soughtby Kyklos is in furtherance ofthepublic interestfor

reasons which are detailed herein and include, butare notlimited to: 1) safetybenefits following from ultra light batterypowered remotely controlled and electronically guided unmanned aerial surveillance drones operating safely within the National Airspace System ("NAS") replacing operations currently conducted by manned aircraft carrying combustible fuel (viz. aircraftposing danger offlammable mid-air collisions with manned and other aerial vehicles operatingwithin the NAS); 2) the significantly lessened, or altogether averted, possibility ofdamage(s) to life and propertyin the instance ofaerial crash landings involving aircraftpoweredbyflammable fuels; 3)significantreduction in the environmental impact from operations presentlyperformed or carried outby conventional aircraft; 4) improved visual access to land based and/or underground

16operations in off-limits areas or areas hard to reach by conventional aerial means; 5) providing a more cost efficient/effective means for information gathering and/or monitoring relative to drilling, pipeline and excavation processes via mechanisms more sensitive and precise; and 6) advancing United States national security interestsvia betterand more accurate monitoring ofcritical national infrastructure.

The FAA has granted exemption to the regulations listed herein and in Appendix 1. As discussed in detail for each ofthese regulations cited, the public interestwill be servedby

an exemption because, with respectto each, operation in compliance with the requested conditions will ensure an equivalentlevel ofsafety. The grant ofthe requested exemption is in thepublic interestgiven the clear direction in the Section 333 ofthe Reform Act; the authorityincluded in the FederalAviation Act, as amended; the strong equivalentlevel ofsafety surroundingthe proposed operations; and the significantpublic benefit derived from, among otherthings, the enhanced safety and reduced environmental impact, including thereduced emissions associated with allowingbattery powered sUAVs instead ofturbine orgas powered aircraft.

EQUIVALENT LEVEL OF SAFETY
Kyklos proposes thatthe exemption requestedherein applyto civil aircraftthathave the characteristics and that operate within the limitations listed herein. These Iimitations provide for at least an equivalent or even higher level of safety to operations under the currentand proposed regulatory structure.

PRIVACY

All flights will occur overprivate or controlled access propertywith thepropertyowner's priorconsent and knowledge. Images orvideo taken ofindividualswill have consented to beingfilmed or otherwise theywill be made anonymous.

NATIONAL SECURITY

Given the small size ofthe UAS involved and the restricted environment within which theywill operate, ourpetitionpresents no national securityissue.

17FEDERAL REGISTER SUMMARY

Petitioner: Kyklos Engineering, LLC Part 21 and§§ 45.23(b), 61.113(a) and (b), 91.7(a), 91.9(b)(2), 91.103, 91.109, 91.119, 91.121, 91.151(a), 91.203(a) and (b), 91.405(a), 407(a)(1), 409(a)(2), 417(a) and (b) ofTitle 14, Code ofthe Federal Regulations (14 CFR).
Description of Relief Sought: Kyklos Engineering is seeking an exemption to conduct commercial acquisition ofaerial data using unmanned aircraft systems.

Based upon the foregoing, Kyklos requests that the FAA grant it the necessary exemptions under Section 333 ofthe FAA Reform Act as requested herein to allow for commercial operations ofUAS withinthe United States.

# Sine~**/.~c -4R~bson**  Principal Kyklos Engineering, LLC 700 Colorado Blvd. Suite 250 Denver, Colorado 80206 Markgibsonj24@hotmail.com Telephone 720.975.3402

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### Appendix 1

1. 2AgEagle 2. 3D Robotics Aero-M 3. 3D Robotics Iris 4. 3D Robotics Iris+ 5. 3D Robotics X8 6. 3DRobotics Fixed Wing 7. 3DRobotics Multirotor 8. 3DRobotics Quadrotor 9. 3DR Solo 10. 3DR Spektre FAA 333 Exemption Petition for Kyklos Engineering, LLC
SUAS Aircraft

11. 3DRobotics Spektre Industrial Multi-Rotor Aerial Vehicle 12. 3D Robotics Solo 13. 3DRobotics X8+ 14. 3D Robotics X8-M 15. 3D Robotics Y6 16. Aerial Mob Heavy Lifter 17. Aerial Mob Light Lifter 18. Aerial Remote Mineral Detection System (ARMDS) 19. Aerialtronics Zenith with integrated Airware system 20. Aerialtronics Altura Zenith ATX8 21. Aerigon 22. Aerobo 23. AeroCine Kopterworx Hammer X12 24. Aeromao AeroMapper 300 25. Aeromao Talon 26. Aeromao Aeromapper 300 27. Aeromao Aeromapper EV-2 28. AeroVironment Shrike 29. AeroVironment Puma 30. Aeronavics X4 Titanium 31. Aeryon Sky Ranger 32. Aervonics Sky Jib frame with a DJI A2 flight system 33. Aero-M 34. Aeryon Scout 35. Aeryon SkyRanger 36. AgEagle 37. AgEagle Robotic 38. AgScout 39. AgScout Mini 40. Agribotix Hornet Drone

1941. Agribotix Enduro Quad 42. AgriView VK Ranger EX 43. Aibot 44. Aibotix X-6 45. Air Rover AR-3000 46. AirCover QR-425s 47. AirRobot AR 180 48. AirRobot AR 100 49. AirRobot AR200 50. Air-X 51. Align M690 52. Altavian Nova 53. Altavian Nova F6500 54. Altavian Nova R8400 55. Altus X-4 56. Altus X-8 57. American Drones, LLC Eagle 58. Apprentice 59. Arch Aerial OCTO multi-rotor UAS 60. Arris hexacoper 61. AR-960 Hex Rotor 62. AR-540 Quad Rotor 63. ARF-MikroKopter OktoXL 64. ARF-MikroKopter OktoXL 

### + 65. Arrowlite 66. AscTec Falcon 67. AscTec Falcon 8 68. Astraeus Aerial Cinema System V.3CS 69. Atlantic RC Aircraft LC04 70. Auburn Trimble UX5 71. Auburn War Eagle 72. Auburn EasyStar 73. Auburn 74. AV44 75. Bixler 3DR Plane 76. Blade 350QX 77. Bixler 2 78. Boomerang Carbon Fiber Frame (The Identified System) 79. Bormatec Maja UAV 80. BOSH Technologies Super Swiper 81. Bumblebee-S 82. C-Astral Bramor gEO 83. CarbonCore Octocopter 1000 84. Carbon Core Cortex Quadcopter

2085. CCO w/Wkm M 86. Chameleon Pro 87. CinesStar 88. Cinestar 6 89. Cinestar X8 90. Cinestar 8 91. Cinestar 8 HL 92. Cinestar 8 Okto XL 93. Coaxial Quad Multirotor VA01-V1 94. Coaxial Quad Multirotor VA02-V2 95. CopelandRED LLC Delta Wing Aircraft 96. CyberQuad Maxi 97. DJI Flame Wheel F450 98. DJI Flame Wheel F550 99. DAx8 100. DJI Inspire 101. DJI Inspire 1 102. DJI Inspire 2 103. DJI M P330z 104. DJI Phantom 105. DJI Phantom 1 106. DJI Phantom 2 107. DJI Phantom 2+ 108. DJI Phantom 2 Vision 109. DJI Phantom 2 Vision+ 110. DJI Phantom Vision + 111. DJI Phantom 3 112. DJI Phantom FC40 113. DJI Spreading Wings 5900 114. DJI Spreading Wings S1000 115. DJI Spreading Wings S1000+ 116. DJI S800 117. DJI S800 EVO 118. DJI T600 119. Draganflyer Guardian 120. Draganflyer X4ES 121. Draganflyer X4P 122. Draganflyer X6 123. DT-18 124. DYS D800-X8 125. Eagle VTOL 126. Eagle V2 127. E-Fiite Apprentice 128. Event 38 E384

21129. F-450 130. Falcon VTOL 131. Fire Fly 6 132. First Aerial Responder UAV 133. Flame Wheel G4 7.8 Skycrane 134. Flying-Cam 3.0 SARAH 135. Foxtech Kraken 130 V2 136. FreeFiy Systems ALTA RTF 137. FreeFiy Systems Octocopter Airframe (Legac 138. G4 139. G4 models 140. GeoStar 141. GerMAP G220 142. GerMAP G180 143. goFarm GF-1 144. Gryphon Dynamics X8 145. GT80X 146. Harris 18 HL 147. HEFF 148. Helicopters West DJI Inspire 149. Helicopters West SkyJib 8 150. Helios 960 151. Hawkeye Mk-III 152. HexaCrafter HC-1100 85. 153. HexaCrafter H0-1250 154. HH Blade 350QX2 AP 155. Hobbyking "Bixler" Fixed Wing Trainer 156. HoneyComb AgDrone 157. Horizon Hobby Blade 350 Qx2 quadcopter 158. Hoverfly LiveSky, BigSky 60 and H-Frame 159. Hubsan X4 micro drone 160. HVP 14301 Multi Rotor 161. Identified System 162. IMT Global xFold Cinema 163. Indago 164. InovaiDrone:Inova One 165. InstantEye Mk-2 166. InstantEye Mk-2 Gen2 167. Intuitive Aerial Aeragon 168. K130 Octocopter 169. KongCopter X8 170. Kopterworx Hammer X12 171. Latitude HQ-4 Hybrid Multirotor 172. LB700

22173. Leading Edge Precision Vision 10 174. Leptron Avenger 175. Leptron RDASS 176. Liberty 1 177. Lockheed Martin Desert Hawk III 178. Lockheed Martin Indago 179. Matrix quad copter 180. MaxFiight 181. MD4-200 182. MD4-1000 183. Mikrokopter 2.5 184. MLB Company Super Bat 185. MU-1H 186. Multirotor G4 7.8 Skycrane 187. Nighthawk 188. Nighthawk VTOL 189. OktoXL 6512 190. PAG X4 191. Parksone Radian RTF 192. Parrot Bebop drone 193. Parrot PF 725100 Bebop Drone 14MP 194. Parrot Skycontroller 195. Patriot X4 196. Patriot X8 197. Finwing Penguin V2 198. Birdseyeview FireFly 6 199. Phoenix 200. Phoenix VTOL 201. Phoenix 60 202. Phoenix 60LE 203. Pixhawk 204. Precision Drone Pacesetter 205. PrecisionHawk 206. PrecisionHawk Hawkeye Mk-111 207. PrecisionHawk Lancaster 208. Precision Lancaster MK3 209. Prioria Hex 210. Prioria's Maveric 211. Pulse Aerospace, PA 01 Vapor 212. Pulse Aerospace Pulse Vapor 35 213. Pulse Vapor 214. Puma AE DDL 215. PV 14817 Multi Rotor 216. PV HL1

23217. PV HL2 218. Q1

219. Quadcopter LLC MikroKopter 220. Quiet UAV 221. Qube 222. R/C Rotors and Aerial Media: Matrix Prof. Multi Rotor Frame & Octo Multi Rotor 223. Frame Ronin Edition Microdrones:MD4-1000 224. RCTimer Hexacopter 225. RDASS 226. REHawk 500 227. REHawk 680 228. RF-70 229. Riegl RiCopter 230. RITEWING Z3 Spade 47" 231. Ritewing Drake 60" 232. RITEWING Z3 Spade 70" 233. RITEWING Z4 Spade 52" 234. RMAX 235. Roboflight 236. Rotomotion SR-15 237. RV Jet 238. Scout X4 239. SD02 240. Seahawk 1.2 241. SelectTech Geospacial's EH-4 242. SenseFiy eBee 243. SenseFiy eBee RTK 244. SenseFiy eXom 245. Sensurion Magpie MP-1 246. Service-Drone Recon One 247. Service-Drone Blackbird 248. SH 900 249. ShadowHawk 250. Shrike 251. Sirius 252. SkyCatch 253. SkyJib 8 v.2 Heavy Lifter 254. SkyPhilly MI 255. Skywalker Aero 256. Skywalker Flying Wing X8 257. SnapRoll Media SUAS 258. Solutions Phoenix 30 259. SteadiDrone

24260. Steadidrone Quad 261. Steadydrone QU4D 262. Steadidrone Mavik 263. SuperX/P2 Multirotor 264. Swift Radioplanes Lynx 265. Tali 500 266. Talon 120LE 267. Tarot FY690S Hexacopter 268. Tarot quadcopter 269. Tarot 680pro 270. Tarot 690 271. Tarot 900 272. Tarot 960 273. Tarot T-15 274. Tarot T15 C/F Folding Octocopter 275. Tarot T18 UAV 276. Tarot T690 277. Tarot T810 278. Tarot T960 279. Tarsier Systems MoAC 280. Tayzu Robotics Titan X8 281. TBS Discovery Pro 282. Team Black Sheep Discovery Pro Tarot T15 283. T-Rex 700E F3C 284. TREX 800E DFC PRO 285. Trimble UX5 286. Trimble UX5 hp 287. Trimble ZX5 288. Turningy Talon 500 289. TUP X8-800 290. Turbo Ace CINEWING 6 291. TurboAce Matrix-G quadcopter 292. Turbo Ace matrix-E 293. Turbo Ace MATRIX-1 294. UAV Solutions Phoenix 60 295. Universeye Penguin 296. Unmanned Flying Rolling Orb "UFRO" 297. US2 GreenHawk 298. UtiliCopter ITX8 299. VA03-v1 300. VA04-v1 301. VA07-v1 302. Viking UAS Multicopter (VTOL) 303. Viking UAS FF-X4/X8

25304. VK-Patriot X4/X8 305. Viking UAS Patriot X4/X8 Multirotor 306. Viking UAS X6 Model 800 307. Viking UAS Viking ONE 308. VK-450 309. Viking Unmanned Aerial Systems, LLC AgriView VK Ranger EX 310. Viking VK-FF-X4 311. VK- Ranger EX- SAR Fixed Wing UAS 312. Volantex Raptor Tarot T-18 313. Volt Aerial Robotics Octane 314. Vulcan frame controlled by a DJI A2 flight controller 315. Vulcan Mantis 316. Vulcan Octocopter 317. Vulcan Raven 318. Vulcan UAV 319. Walkera TALI H500 320. Walkera Scout X4 321. Wookong DJI 5800 322. xCel Drones XD550CDR 323. XFold Rig with four configurations: Quadcopter, Hexcopter, Octocopter and x12 Copter 324. X8-M

26

### Appendix 1 FAA 333 Exemption Petition for Kyklos Engineering, LLC
FAA (SUAS) Precedential 333 Exemptions the Same As Kyklos Engineering, U.C



### U.S. Federal Aviation 333 Exemptions, Numbers:

11062 (Astraeus Aerial ) 11213 (Aeryon Labs, Inc.) 11208 (Sky-Futures USA, inc) 11209 (Aeros Group, Inc.) 11110B (Trimble Navigation Ltd.) 11112 (VDOS Global, LLC) 112103 (CopelandRED LLC) 11256 (SkyPhilly, inc.) 11259 (Dow Chemical Co) 11306 (HawkAerial, LLC) 11356 (Remote Pilot Systems, LLC) 11815 (Enviroskycam) 12541 (Granite Construction Co) 12086 (Leptron!UaSolutions) 12602 (Peter Sachs) 12646 (Measure) 12978 (TopGun Drones, LLC)

27