United States Department of Transportation 06/22/2015

Docket Operations 

West Building Ground Floor 

Room W-12-140, 

1200 New Jersey Avenue, SE. 

Washington 

DC 20590 

www.regulations.gov

Re: Exemption Request Pursuant to Section 333 of the FAA Reform Act of 2012

Dear Sir or Madam

I am writing pursuant to the FAA modernization and Reform Act of 2012 (aka " The Reform Act") and the 

procedures contained in 14 C.F R. 11, to request that I, Jamie Lee Kinney - Owner and operator of a small 

UAS be exempted from the Federal Aviation Regulations (FAR's) Listed Below.

The exemption is nessicary in order to operate a small lightweight unmanned airfraft system (UAS) 

commercially in airspace regulated by the Federal Aviation Administration (FAA). These operations will 

be conducted within and under the conditions outline herein, or as may be established By the FAA as 

required by Section 333. § 11.81

The Following aspects of Section 333 of the FAA Modernization and Reform Act of 2012 should be 

considered.

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

capability, proximity to airports and populated areas, and operation within visual line of site do not creat 

a hazard to users of the National airspace system or the public or pose a threat to national security; and

The operated UAS, Cinetank Mk2 controlled and stablized with a Naza M Lite flight 

Controller (see attachment under Naza M Lite Manual); meets all the requirements of an 

Ultralight aircraft except for the ability to carry a passenger. This aircraft is 3.3 pounds, under 

the required 254 pounds for powered ultralights. It is electric so they have less than 5 gallon fuel 

capacity, it is not capable of speeds over 55 knots, and its power off stall speed is under 24 knots 

calibrated airspeed. If as requested, it is classified as an Ultralight Aircraft by regulations. It 

cannot be used in congested airspace and can only be used in Class G Airspace without special 

authorization. As part of this application the UAS will only be used in Line of Sight flight in order 

to meet the pubic safety requirement of an exemption to Title 14 Chapter I Subchapter F, Part 

103 Subpart B §103.21
2. Whether a certificate of waiver, certifacate of authorization, or airworthiness certification under 

section 44704 of title 49, United States Code, is required for the operation of unmanned aircraft systems 

identified under paragraph (1).

If as requested this UAS is classified as an Ultralight, it would not require a certificate of waiver, 

certificate of authorization, or airworthiness certification. As part of this Application I will apply for a 

Certificate of Authorization so this UAS could support local Emergency Services as necessary.

The Following information information is submitted to meet the requirement of the above act.

1. Name and Address

A. Jamie L. Kinney

B. 1012 Gross Ave Green Bay, WI 54304

2. Section of 14 CFR from which I seek an exemption

a. 103.1 (a) is used or inteded to be used for manned operation in the air by a single occupant

b. 103.1 (b) is used or intended to be used for recreation, sport purposes, and aerial 

photography

c 103.21 No person may operate an ultralight vehicle except by visual reference with the 

surface.

3. The extent of relief you seek, and the reason you seek the relief.

a. 103.1 (a) Request the operation of the air vehicle as an UAS. By definition it will not be 

manned.

B 103.1 (b) Request that the UAS be allowed to be used for local search and rescue based on 

emergency procedures request by EMS, local Police, Sheriff department or by local Government officials 

of need.

C. Photography, agriculture monitoring, and Aerial cinematography. 

D. 103.21 Request that the vehicle be operated by visual reference "from the ground" not "with 

the ground." This will be accomplished by maintaining maximum altitude and distance from the PIC of 

300ft.

4. The reasons why granting your request would be in the public intrest; that is, how it would benefit 

the public as a whole.

a. By designating small UAS as Ultralight aircraft and setting below requirements for an 

exemption to the probation for commercial use, public safety will be greatly enhanced. With the low 

cost of these devices, many are in the process of using them in a non-regulated non-tracked manner. In 
addition to the exemption list above, the PIC will follow the below requirements.

I. 20 hours of flight time prior to use for commercial purposes. The hours wil be documented on 

a log book that will accompany the Cinetank MK2 UAS. 

II. Local Drone Safety Course for operating small UAS's for commercial use.

b. The above stipulations along with the designation of this UAS as Ultralight will enhance public 

safety in the following ways.

I. Aircraft and PIC will be registured and connected to allow for accountabilty.

II. Presently, with their low cost of these devices, many people are using these UAS's in a 

non-regulated manner. By providing a way for the Cinetank Mk2 /Naza M lite UAS to be registered to a 

specific PIC, if there is an incident from the aircraft, it can be tracked back to the owner/operator. I will 

notify the FAA if an aircraft is added or removed from the fleet.

1. UAS FlyingCinema Cinetank MK2 (Short arms) with DJI Naza M-Lite Flight control board with GPS.

2. PIC Jamie L. Kinney as the UAS operator and owner. 

III Although the UAS has a return to launch/home function as a redundant safety feature, if the 

Aircraft should malfunction and not respond to the transmitter or Return to Launch function, the PIC will 

notify the local FAA control tower/station in the same manner as an accidently released tethered ballon. 

Once an UAS is found, the identifying information on the UAS can confirm the PIC is responsible for it.

c. By designating the Aircraft as an Ultralight the rules and regulation for its operation are already 

established for safe operation in public airspace.

i. The Aircraft cannon operate above a congrested gathering nor can it operate above congested 

parts of a town or city.

ii. The Aircraft can only operate within the hours of daylight, unless it has the applicable 

markings and safety light. 

iii. The aircraft can only operate in class G airspace. This will keep the aircraft away from other 

air traffic.

iv. The aircraft can only operate in airspace as stipulated by the cloud cover requirements within 

the proper 103. Ensuring safe operation around other aircraft.

d. As stipulated, in the application I am asking for an exemption stating that the UAS can only operate 

less that 300 feet AGL. Although this more restrictive that the Ultralight requirements, it will insure a 

clear line of sight connection between myself, the PIC and the UAS.

e. Aircraft will operate in airspace controlled by emergency personnel only when PIC is in direct voice 

contact with incident Commander or Designee.
f. Designating the UAS as an Ultralight, the following regulations will not apply, however public safety 

will not be reduced by the actions listed and will be enhanced by not being overly burdensome to the 

operator and increasing compliance.

i. As stipulated in 103.7 (c) An "N" number will not be required. The "n" number is used for 

aircraft identification. Limiting the aircraft to Class G airspace, or airspace controlled by emergency 

personnel under incident commander control eliminated the need for visual identification of an aircraft 

within an airport control. The requirement of the "N" number for accident identification is fufilled by the 

registration of the aircraft and the PIC.

ii. Furthermore, Personal identifying information will be applied to the frame of the UAS.

iii. As stipulated in 103.7 (b) An Air worthiness certificate is not required and due to the size of 

the drone/UAS. Simular to other Ultralight aircraft, the safety hazards represented by the UAS/Aircraft is 

limited. Also the requirement the aircraft will operate only in line of sight of the PIC/Operator and not 

over crowded/congested areas further ruduce any hazard to the public. 

iv. As stipulated in 103.7 (a) a pilot certificate is not required. Due to the differenes in flying a 

UAS and operating a manned aircraft for personal or commercial use, little is gained from requiring one 

of these certifications for UAS operations. Passing the practical test and showing required logged time in 

a manned aircraft will not increase the safety of the operation of the UAS. This being said, a general 

knowledge course, or Drone safety class will give the PIC an understanding of the aircraft operations 

that the UAS will share NAS with and the importance of staying within its operating parameters. 

g. My request for an exemption is simular to many of the requests i have read on regulations.gov.

i Starting with the stipulating that these small UAS's are ultralight aircraft, many of the rules and 

regulations necessary to keep a separation from other manned aircraft are already in effect.

1. No person may operate an ultralight vehicle except between sunrise and sunset.

2. Notwithstanding paragraph (1) of this section, ultralight vehicles mayb e operated during the 

twilight periods 30 minutes before offical sunrise and 30 minutes after official sunset, or in alaska, 

during the period of civil twilight as defined in the air almanac, if:

a. The vehicle is equipped with an operating anti-collision light visible for at least 3 statute 

miles and

b. All operations are conducted in an uncontrolled airspace.

3. Each person operating an Ultralight vehicle shall maintain vigilance so as to see and avoid 

aircraft and shall yield the right of way to all aircraft.

4. No person may operate an ultralight vehicle in a manner that creates a collision hazard with 

respect to any aircraft.
5. No person may operate an Ultralight vehicle over any congested area of a city, town, or 

settlement, or over any open air assembly of persons.

6. UAS can only be operated in Class G airspace.

a. No person may operate an ultralight vehicle within Class A, Class B, Class C, or Class D 

airspace or within the lateral boundries of the surface area of Class E airspace designated for an Airport 

unless that person has prior authorization from the ATC facility having jurisdiction over that Airspace.

7. Any person operating an ultralight vehicle under this part shall, upon request, allow the 

Administrator or his designee to inspect the vehicle to determine the applicabilty of this part.

8. No person may operate an Ultralight vehicle in prohibited or restricted areas unless that 

person has permission from the using or controlling agency, as appropriate.

9. No person may operate an Ultralight vehicle in areas designated in a Notice to Airmen under 

§91.137, §91.138, §91.141, §91.143 or §91.145 of this chapter, unless authorized by : a. Air Traffic 

Control (ATC); or b. A flight standards Certificate of Waiver or authorization issued for the the 

demonstration or event.

10. The pilot or operator of an ultralight vehicle mus, upon request of the administator, furnish 

satisfactory eveidence that the vehicle is subject only to the provisions of this part.

11. No person may operate any ultralight vehicle in a manner that creats a hazard to other 

persons or property.

12. No person may allow an object to be dropped from an ultralight vehicle if such action creats 

a hazard to other persons or property.

13. No person may conduct operations that require devation from this part except under a 

written waiver issued by the Administrator. This section mandates that several aspect of Section 107 be 

waived ensuring proper registratoin of the UAS being used in a commercial enterprise and that the PIC is 

properly experienced. 

ii. Stipulating these small UAS as ultralight aircraft, an Airman certification is not required. By 

stipulating that the knowledge test portion of the air certification is enforced, all operators will be 

required to understand the requirement to keep the UAS away from manned aircraft and the rules in 

which they will operate ensuring public safety. 

iii. Mandating document hours on the specific UAS prior to commercial use will ensure public 

safety by ensuring the PIC is proficient a particular airframe. This will also mandate the proper 

documentation to prove this proficiency.

h. There is no request to exercise the privleges of your exemption outside the United States.
Respecfully

Jamie L. Kinney

1012 Gross Ave.

Green Bay, WI 54304