Kenneth Dungey, Tucson Arizona - Section 333 Exemption Petition

April 18th 2015

U. S. Department of Transportation

Docket Management System

1200 New Jersey Ave, SE

Washington, DC 20590

Re: Exemption Request Section 333 of the FAA Reform Act of the Federal Aviation Regulations from 14 C.F.R. 

45.23(b); 14 C.F.R. Part 21; 14 C.F.R. 61.113(a)&(b); 91.7(a); 91.9(b) (2); 91.103(b); 91.109; 119.121; 91.151(a); 

91.203(a)&(b); 91.405(a); 91.407(a) (1); 91.409(a) (2); 91.417(a)&(b)

Dear Sir or Madam,

I, Kenneth Dungey, am writing pursuant to the FAA Modernization and Reform Act of 2012 and 

the procedures contained within 14 C.F.R. 11, to request that I, Kenneth Dungey, an owner and 

operator of small unmanned aircraft, be exempted from the Federal Aviation Regulations 

(“FARs”) listed below so that I, Kenneth Dungey, may operate my small ultra light weight 

unmanned aircraft system (“UAS”) commercially in airspace regulated by the Federal Aviation 

Administration (“FAA”).

As described herein I, Kenneth Dungey, an Current FAA licensed Private Pilot, (Single Engine 

land); experienced in flying hobby helicopters for recreational purposes. I have added a hobby 

grade quad-copter 1 UAS to my inventory equipped with a onboard camera with intent for 

aerial videography/cinematography to enhance academic community awareness for those 

individuals and companies unfamiliar with the geographical layout of the metro Tucson area, 

and augment real estate and special event photos/video; following exemption and approval by 

the FAA. Thereby enhancing their academic research experience for the metro Tucson area. I 

plan to add a second quad-copter DJI Inspire to my inventory in the future with comparable 

safety capabilities.

I have flown small RC electric multirotors for over four (4) years, and have been flying RC 

aircraft for over twenty five (25) years. I have also recently completed a 3 sUAS Multorotor 

Operator Course given by AUV Flight Services located in Tucson. Committed to safety with each 

flight. My, Kenneth Dungey’s, exemption request would permit operation of ultra light weight, 

unmanned (piloted by remote control) and comparatively inexpensive UAS(s) in tightly 

controlled and limited airspace. Conducting predetermined operation in areas away from 

general public, airports, heliports and vehicular traffic for community videos, and within 

property boundaries for individual homeowner real estate listing videos/photos. Currently, 

similar lightweight, remote controlled UAS's are legally operated by unmonitored amateur 

hobbyists with no safety plan or controls in place to prevent catastrophe. I, Kenneth Dungey, 

 

1

Appendix A – DJI Phantom quadcopter Operator Manual
have personally instilled safety protocols and controls to avoid and prevent public hazard, as 

well as manned aircraft hazards/catastrophe. This will act to further safety protocols exclusive 

to lightweight UAS's specific to real estate video and photography and private event usage as I, 

Kenneth Dungey, record flight data and other information gained through permitted flight 

operations to share with the FAA through any required FAA reports to assist with future 

protocol and safety regulation.

Granting my, Kenneth Dungey’s, request comports with the Secretary of Transportation’s (FAA 

Administrator’s) responsibilities and authority to not only integrate UAS's into the national 

airspace system, but to “...establish requirements for the safe operation of such aircraft 

systems [UAS's] in the national airspace system” under Section 333(c) of the Reform Act specific 

to the use of UAS's for real estate/Realtor purposes. Further I, Kenneth Dungey, will conduct my 

operations in compliance with the protocols described herein or as otherwise established by 

the FAA. For the reasons stated below I, Kenneth Dungey, respectfully request the grant of an

exemption allowing me to operate ultra light weight, remote controlled UAS’s for academic 

community awareness to benefit/stimulate attraction to the metro Tucson area and to enhance 

real estate photos/videos and special events who cannot afford expensive manned aircraft for 

the same purpose. Both of which will promote local economic growth through increased 

employment and increased tax base. Both with public safety in mind by keeping heavier 

manned aircraft containing combustible fuel that that poses potential public hazard.

I. Contact Information:

Kenneth Dungey

P.O Box 65241

Tucson, AZ 85728

Telephone: (520) 400-4888

Email: kendungey@sbcglobal.net

II. The Specific Sections of Title 14 of the Code of Federal Regulations From Which Kenneth 

Dungey Requests Exemption are:

14 CFR 21;

14 C.F.R. 45.23(b);

14 CFR 61.113 (a) & (b);

14 C.F.R. 91, et seq.;

14 CFR 407 (a) (1);

14 CFR 409 (a) (2); and,

14 CFR 417 (a) & (b).

III. The Extent of relief Kenneth Dungey seeks and the Reason He Seeks Such Relief:

I, Kenneth Dungey, submit this application in accordance with the Reform Act, 112 P.L. 95 §§ 

331-334, seeking relief from any currently applicable FARs operating to prevent me, Kenneth 

Dungey, contemplated commercial cinematic, academic and other flight operations within the 

national airspace system. The Reform Act in Section 332 provides for such integration of civil 
unmanned aircraft systems into our national airspace system as it is in the public’s interest to 

do so. My, Kenneth Dungey’s, ultra light weight UAS meets the definition of “small unmanned 

aircraft” as defined in Section 331 and therefore the integration of my ultra light weight UAS is 

expressly contemplated by the Reform Act. I would like to operate my ultra light weight UAS 

prior to the time period by which the Reform Act requires the FAA to promulgate rules 

governing such craft. Thereby, providing direct experience and valuable information for formal 

regulation that can be administered uniformly to all real estate/ special event related UAS aerial 

video and photography. The Reform Act guides the Secretary in determining the types of UAS's 

that may operate safely in our national airspace system. Considerations include: The weight, 

size, speed and overall capabilities of the UAS's; Whether the UAS will be operated near 

airports or heavily populated areas; and, Whether the UAS will be operated by line of sight. 112 

P.L. 95 § 333 (a). Each of these items reflect in favor of an exemption for me, Kenneth Dungey. 

My UAS utilizes four (4) rotating propellers for balance, control and stability. My UAS is 

equipped with GPS and auto return safety technology. Weighing less than five (5) pounds (far 

below the maximum 55 pound limit); including camera with gimbal.

I, Kenneth Dungey, consider safety as foremost with each flight. My small unmanned aircraft is 

designed to hover in place via GPS and operate in less than a 24 knot (15 mph) wind. For safety, 

stability and fear of financial loss I will not fly in winds exceeding 16 kph (10 mph). Built in 

safety systems include a GPS mode that allows my UAS to hover in place when radio controls 

are released. With three modes to choose from, I utilize the GPS Mode 

2

 for aerial 

videography/photography. This is the safest, most reliable and stable mode to prevent accident 

and hazard. When pilot communication is lost this UAS is designed slowly descend to point of 

take off. I do not operate my UAS near airports, Hospitals nor Police heliports, and do not 

operate near areas where general public is within twenty five to fifty (25-50) yards depending 

on location, conditions and weather. I am constantly on alert for any manned aircraft 

(Police/Medical helicopters, etc.) and prepared to land/abort immediately to the nearest and 

safest ground point should a manned aircraft approach my location or I suspect manned 

aircraft may approach near my location. My UAS is capable of vertical and horizontal 

operations, and are flown only within my line of sight of me, as the remote control pilot. 

Utilizing battery power rather than combustible fuels, flights generally last between three (5) to 

seven (10) minutes, with an altitude under one two hundred (200) feet. I, Kenneth Dungey, 

utilize a fresh fully charged battery with each flight as a safety precaution; full flight time limit 

for each battery is eighteen (18) to twenty (20) minutes as tested. I do not operate my UAS at 

or below manufacture recommend minimum charge levels for operation; preferring to remain 

well within a safe operating range to insure adequate communication between radio control 

and UAS to eliminate potential for crash, loss of control or hazard. Reserve batteries are at 

hand with each exercise to insure replacement for sufficient safe level of operation. I do not 

believe in taking risk that may cause a crash, that could create hazard to the 

public/property/manned aircraft, and have no desire to lose an investment. I have clocked 

 

2

GPS Mode includes, position hold, self-leveling, altitude command, GPS, return home feature, and safety

control to return home or land in the event of communication interruption between RC transmitter and UAS. See Appendix A -

Operator Manual.
numerous practice flights in remote areas as a hobbyist simulating flights for future commercial 

use to gain familiarization with the characteristics of this specific UAS's performance under 

different temperature and weather conditions. I also practice computerized simulated flights to

maintain adequate skills and response reflex time. All for the sake of safety.

I, Kenneth Dungey, am extremely cautious when operating of my UAS/ultra light weight 

unmanned aircraft and will not “create a hazard to users of the national airspace system or the 

public.” 112 P.L. 95 § 333 (b). Given the small size and weight of my UAS it falls well within 

Congress’s contemplated safety zone when it promulgated the Reform Act and the 

corresponding directive to integrate UAS's into the national airspace system. Kenneth Dungey’s 

UAS, used in hobby flight, has a demonstrable safety record and does not pose any threat to 

the general public or national security.

I have met the current qualifications and have far exceeded the current requirement:

as determined by the FAA, 4 require "...25 hours of total time as a UAS rotorcraft pilot 

including at least 10 hours logged as a UAS pilot with a multi-rotor UAS...a minimum of 5 

hours as UAS pilot operating the make and model of UAS to be used..." 

IV. How Kenneth Dungey’s Request Will Benefit the Public As A Whole:

Aerial videography for geographical awareness and for real estate marketing and special events

has been around for a long time through manned fixed wing aircraft and helicopters. For small 

budget real estate companies and average homeowners the expense of such aerial videography 

is cost prohibitive. Only large companies and high end Realtors or luxury homeowners can 

afford to absorb such expense. Depriving non-luxury homeowners and lower budget Realtors 

from a valuable marketing tool. Manned aircraft pose a threat to the public through potential 

catastrophic crash that the Tucson community has experienced in the past with military aircraft 

and medical helicopter crashes within the city of Tucson. Each resulting in loss of life. Each with 

combustible fuel that exploded and burned on impact. Police helicopters have made 

emergency hard landings within city limits. My, Kenneth Dungey's, UAS pose no such threat 

since size and lack of combustible fuel alleviates any potential threat to the public. Congress has 

already proclaimed that it is in the public’s interest to integrate commercially flown UAS's into 

the national airspace system, hence the passing of the Reform Act. Granting my, Kenneth 

Dungey’s, exemption request furthers the public interest through academic/visual awareness of 

the geographical benefits in and around the metro Tucson area. My ultra light weight UAS is 

battery powered and creates no emissions that can harm the environment. The consequence of 

my ultra light weight UAS crashing is far less than a full size helicopter or fixed wing aircraft; 

which are heavy, contain combustible fuel and can cause catastrophic devastation to the public.

4 Appendix- D Flight Log

The public’s interest is furthered by minimizing ecological and crash threat by permitting aerial 

video/photo capture through my battery operated ultra light weight UAS's. Permitting me, 

Kenneth Dungey, to immediately fly within national air space furthers economic growth. 
Granting my exemption request substantially furthers the economic impact for the metro 

Tucson community for companies looking to relocate or build in the Tucson metro area as well 

as individuals looking to relocate for career advancement through academic and geographical 

awareness. Both of which serve as a stimulus to the community.

V. Reasons Why Kenneth Dungey’s Exemption Will Not Adversely Affect Safety Or How The 

Exemption Will Provide a Level of Safety At Least Equal To Existing Rule:

My, Kenneth Dungey’s, exemption will not adversely affect safety. Quite the contrary, for the 

reasons stated permitting me, Kenneth Dungey, to log more flight time in FAA controlled 

airspace, with communication with the FAA, will allow me to contribute to the innovation and 

implementation of new and novel, for development in cooperation with the FAA. In addition I, 

Kenneth Dungey, submit the following representations of enhancements to current aerial 

videography and photography for real estate:

My UAS weighs less than 5 pounds complete; I only operate my UAS below 200 feet (well 

within the 400 foot permissible ceiling set by the FAA Modernization and Reform Act of 2012); 

my UAS only operate for 5-10 minutes per flight; I land my UAS prior to manufacturer 

recommended minimum level of battery power;

 I pilot my UAS through remote control only by line of sight;

 My UAS has GPS a flight safety feature whereby it hovers and then slowly lands if 

communication with the remote control pilot is lost;

 I actively analyze flight data and other sources of information to constantly update and 

enhance safety protocols;

 I only operate in reasonably safe environment that are strictly controlled, are away from 

power lines, elevated lights, airports and actively populated areas;

 I conduct extensive pre-flight inspections and protocol, during which safety carries 

primary importance;

 I always obtains all necessary permissions prior to operation; and,

 I have procedures in place to abort flights in the event of safety breaches or potential 

danger.

My, Kenneth Dungey’s, safety protocols provide a level of safety equal to or exceeding existing 

rules. It is important to note that absent the integration of commercial UAS into our national 

airspace system, helicopters are the primary means of aerial video and photography for 

community awareness and real estate. While the safety record of such helicopters is 

remarkably astounding, it is far safer to operate a battery powered ultra light weight UAS.

First, the potential loss of life is diminished because UAS's carry no people on board and I only 

operates my UAS in specific areas away from mass populations. Second, there is no fuel on 

board a UAS and thus the potential for fire or explosions is greatly diminished. Third, the small

size and extreme maneuverability of my UAS allow me to remotely pilot away from and avoid 
hazards quickly and safely. Lastly, given its small size and weight, even when close enough to 

capture amazing images, my UAS need not be so close to the objects they are focused on 

through the technology and use of post editing software allowing pan and zoom.

Accordingly, my UAS has been experimentally operated for familiarization/competency and will 

continue to operate at and above current safety levels.

VI. A Summary The FAA May Publish in the Federal Register:

A. 14 C.F.R. 21 and 14 C.F.R. 91: Airworthiness Certificates, Manuals and The Like. 14 C.F.R. 21, 

Subpart H, entitled Airworthiness Certificates, sets forth requirements for procurement of 

necessary airworthiness certificates in relation to FAR § 91.203(a)(1). The size, weight and 

enclosed operational area of my, Kenneth Dungey’s, UAS permits exemption from Part 21 

because my UAS meets (and exceeds) an equivalent level of safety pursuant to Section 333 of 

the Reform Act. The FAA is authorized to exempt aircraft from the airworthiness certificate 

requirement under both the Act (49 U.S.C. § 44701 (f)) and Section 333 of the Reform Act. Both 

pieces of legislation permit the FAA to exempt UAS's from the airworthiness certificate 

requirement in consideration of the weight, size, speed, maneuverability and proximity to areas 

such as airports and dense populations. My, Kenneth Dungey’s, current and projected UAS's 

meet or exceed each of the elements.

14 C.F.R. 91.7(a) prohibits the operation of an aircraft without an airworthiness certificate. As 

no such certificate will be applicable in the form contemplated by the FARs, this Regulation is 

inapplicable. 14 C.F.R. § 91.9 (b) (2) requires an aircraft flight manual in the aircraft. As there 

are no on board pilots or passengers, and given the size of the UAS's, this Regulation is 

inapplicable. An equivalent level of safety will be achieved by maintaining a safety/flight 

manual delineating areas of where safety can be defined. The FAA has previously issued 

exemptions to this regulation in Exemption Nos. 8607, 8737, 8738, 9299, 9299A, 9565, 9565B, 

10167, 10167A, 10602, 10700 and 32827. 14 C.F.R. § 91.121 regarding altimeter settings is 

inapplicable insofar as my UAS utilizes electronic global positioning systems with a barometric sensor.

14 C.F.R. § 91.203 (a) and (b) provides for the carrying of civil aircraft certifications and registrations. 

They are inapplicable for the same reasons described above. The equivalent level of safety will be 

achieved by maintaining any such required certifications and registrations by me, Kenneth Dungey.

B. 14 C.F.R. § 45.23: Marking of The Aircraft. Applicable Codes of Federal Regulation require aircraft to 

be marked according to certain specifications. My UAS are, by definition, unmanned. They therefore do 

not have a cabin, cockpit or pilot station on which to mark certain words or phrases. Further, two-inch 

lettering is difficult to place on such small aircraft with dimensions smaller that minimal lettering 

requirement. Regardless, I will mark its UASs in the largest possible lettering by placing the word 

“EXPERIMENTAL” on its fuselage as required by 14 C.F.R. §45.29 (f) so that I the pilot, or anyone 

assisting me as a spotter with the UAV will see the markings. The FAA has previously issued exemptions 

to this regulation through Exemptions Nos. 8738, 10167, 10167A and 10700.
C. 14 C.F.R. § 61.113: Private Pilot Privileges and Limitations: PIC. Pursuant to 14 C.F.R. §§ 61.113 (a) & 

(b), private pilots are limited to non-commercial operations. I, Kenneth Dungey, am a current FAA 

certified private (single engine land). Thus, allowing me, Kenneth Dungey, to operate my UAS meet and 

exceed current safety levels in relation to 14 C.F.R. §61.113 (a) & (b).

D. 14 C.F.R. 91.119: Minimum Safe Altitudes. 14 C.F.R. § 91.119 prescribes safe altitudes for the 

operation of civil aircraft. It allows helicopters to be operated at lower altitudes in certain conditions. 

My UAS will never operate at an altitude greater than 200 AGL; safely below the standard of 400 AGL. I,

Kenneth Dungey, will however operate my UAS in safe areas away from public and traffic, providing a 

level of safety at least equivalent to or below those in relation to minimum safe altitudes. Given the size, 

weight, maneuverability and speed of my UAS, an equivalent or higher level of safety will be achieved.

E. 14 C.F.R. 91.405 (a); 407 (a) (1); 409 (a) (2); 417(a) & (b): Maintenance Inspections. The above-cited 

Regulations require, amongst other things, aircraft owners and operators to “have [the] aircraft 

inspected as prescribed in subpart E of this part and shall between required inspections, except as 

provided in paragraph (c) of this section, have discrepancies repaired as prescribed in part 43 of this 

chapter. . . .” These Regulations only apply to aircraft with an airworthiness certificate. They will not, 

therefore, apply to my, Kenneth Dungey's, UAS. However, as a safety precaution I inspect my UAS 

before and after each flight.

A Summary The FAA May Publish in the Federal Register: A. 14 C.F.R. 21 and 14 C.F.R. 91: 

Airworthiness Certificates, Manuals and The Like. 14 C.F.R. 21, Subpart H, entitled 

Airworthiness Certificates, sets forth requirements for procurement of necessary airworthiness 

certificates in relation to FAR § 91.203(a)(1). The size, weight and enclosed operational area of 

my UAS permits exemption from Part 21 because my, Kenneth Dungey’s, UAS meets an 

equivalent level of safety pursuant to Section 333 of the Reform Act. The FAA is authorized to 

exempt aircraft from the airworthiness certificate requirement under both the Act (49 U.S.C. § 

44701 (f)) and Section 333 of the Reform Act. Both pieces of legislation permit the FAA to 

exempt UAS's from the airworthiness certificate requirement in consideration of the weight, 

size, speed, maneuverability and proximity to areas such as airports and dense populations. My

UAS meets or exceeds each of the elements. 14 C.F.R. 91.7(a) prohibits the operation of an 

aircraft without an airworthiness certificate. As no such certificate will be applicable in the form 

contemplated by the FARs, this Regulation is inapplicable. 14 C.F.R. § 91.9 (b) (2) requires an 

aircraft flight manual in the aircraft. As there are no pilots or passengers, and given the size of 

the UAS's, this Regulation is inapplicable. An equivalent level of safety will be achieved by 

maintaining a manual. The FAA has previously issued exemptions to this regulation in 

Exemption Nos. 8607, 8737, 8738, 9299, 9299A, 9565, 9565B, 10167, maintenance program 

that involves regular software updates and curative measures for any damaged hardware. 

Therefore, an equivalent level of safety will be achieved.

In summary, Kenneth Dungey seeks an exemption from the following

Regulations:

14 C.F.R. 21, subpart H; 14 C.F.R. 45.23(b); 14 C.F.R. §§ 61.113 (a) & (b); 14 C.F.R. § 91.7 (a); 14 

C.F.R. § 91.9 (b)(2); 14 C.F.R. § 91.103(b); 14 C.F.R. § 91.109; 14 C.F.R. § 91.119; 14 C.F.R. § 
91.121; 14 C.F.R. § 91.151(a); 14 C.F.R. §§ 91.203(a) and (b); 14 C.F.R. § 91.405 (a); 14 C.F.R. § 

91.407 (a)(1); 14 C.F.R. § 91.409 (a)(2); 14 C.F.R. § 91.409 (a ) (2); and, 14 C.F.R. §§ 91.417 (a) & 

(b) to commercially operate my, Kenneth Dungey's, small unmanned vehicle/lightweight 

unmanned aircraft vehicle in community awareness and real estate operations, and to develop 

economic platforms for real estate to enhance the experience of those seeking to relocate to 

the metro Tucson area. Currently, area awareness and real estate aerial 

videography/photography relies primarily on the use of larger aircraft running on combustible 

fuel. Posing potential risk to the public. Granting my, Kenneth Dungey’s, request for exemption 

will reduce current risk levels and thereby enhance safety. My UAS craft do not contain 

potentially explosive fuel, is smaller, lighter and more maneuverable than conventional real 

estate video and photographic aircraft with much less flight time. Further, I operate at lower 

altitudes and in controlled airspace eliminating potential public risk flying to and from 

established air fields. I, Kenneth Dungey, have been informally analyzing flight information and 

will compile safety protocols and the implementation of a flight operations manual for real 

estate usage that exceeds currently accepted means and methods for safe flight. Formal 

collection of information shared with the FAA will enhance the FAA's internal efforts to 

establish protocols for complying with the FAA Modernization and Reform Act of 2012. There 

are no personnel on board my, Kenneth Dungey’s, UAS and therefore the likelihood of death or 

serious bodily injury is significantly diminished. My, Kenneth Dungey’s, operation of my UAS, 

weighing less than 5 pounds and travelling at lower speeds within limited areas will provide an 

equivalent level of safety as that achieved under current FARs. Accordingly I, Kenneth Dungey, 

respectfully request that the FAA grant my exemption request and am willing to cooperate in 

sharing information to benefit the FAA, safety of manned aircraft, and the general public at 

large.

Respectfully submitted,

Kenneth Dungey

P.O. Box 65241

Tucson, AZ 85728