September 22, 2014

United States Department of Transportation

Docket Management System

1200 New Jersey Ave., SE

West Building Ground Floor Room W12-140

Washington, DC 20590

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

Dear Sir or Madam:

Pursuant to Section 333 of the FAA Modernization and Reform Act of 2012 (the Reform 

Act) and C.F.R. Part 11, Kentuckycities.com LLC, request to be exempted from the 

Federal Aviation Regulations (FARs) listed below so that Kentuckycities.com LLC may 

operate UASs commercially in airspace regulated by the Federal Aviation 

administration; as long as such operations are conducted within and under the 

conditions outlined herein or as may be established by the FAA as required by section 

333.

The Name and address of the applicant is:

Kentuckycities.com LLC 

Attn: John Humphress

Email: john@kycities.com

P.O. Box 1104

223 Risen Ave

Campbellsville, Ky 42719-1104

270-789-4107

As described below, the requested exemption would permit the operation of lightweight 

(less than 55 lbs total take off gross weight) UASs under controlled conditions for 

commercial use by professional certificated pilots thereby enhancing safety and fulfill 

the Secretary of Transportation's (the FAA Administrator's) responsibilities to " .... 

establish requirements for the safe operation of such aircraft systems in the national 

airspace system." Section 333(c) of the Reform Act.

Kentuckycities.com LLC respectfully requests the grant of an exemption to the following 

specific sections of the Title 14 Code of federal Regulations allowing it

to operate lightweight UAS's for commercial use:

14 CFR 21, subpart H, 14 CFR 45.23(b), 14 CFR 91.7(a), 91.9 (b)(2),

91.103(b), 91.109, 91.119, 91.121, 91.151(a), 91.203(a) &(b), 91.405(a),

91.407(a)(1), 91.409(a)(2), 91.417(a) &(b).
These proposed exemptions, if granted, will allow Kentuckycities.com LLC to operate 

their DJI Phantom 2 and Phantom 3 Unmanned Aircraft System (“UAS”) and will benefit 

the following commercial applications: 

• Aerial photography and videography.

Kentuckycities.com LLC submits this application in accordance with the Reform Act, 

112 P.L. 95 331-334, seeking relief from any currently applicable FAR's operating to 

prevent Kentuckycities.com LLC Photography's future commercial use of small UASs to 

operate in the national airspace system as described below. The Reform Act 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. Kentuckycities.com LLC

lightweight UASs meet the definition of "small unmanned aircraft" as defined in section 

331 and therefore the integration of Kentuckycities.com LLC lightweight UASs are 

expressly contemplated by the Reform Act. Kentuckycities.com LLC would like to 

operate its lightweight UASs prior to the time period by which the Reform Act requires 

the FAA to promulgate rules governing such aircraft.

The Reform Act directs the Secretary of Transportation to consider whether certain

unmanned aircraft systems may operate safely in the national airspace system (NAS) 

before completion of the rulemaking required under Section 332 of the Reform Act. In 

making this determination, the Secretary is required to determine which types of UASs 

do not create a hazard to users of the NAS or the public or pose a threat to national 

security in light of the following:

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

• Operation of the UAS in close proximity to airports and populated areas

• Operation of the UAS within visual line of sight of the operator

Reform Act 333 (a). If the secretary determines that such vehicles "may operate safely 

in the National Airspace System, the Secretary shall establish requirements for the safe 

operation of such aircraft in the National Airspace System."

Kentuckycities.com LLC UASs are rotorcraft weighing less than 55 pounds including 

payload. They operate at a speed of less than 87 knots and have the capability to hover 

and move in the vertical and horizontal plane simultaneously. The UASs will operate 

only within the line of sight of the pilot within a protected flight area as described below. 

Such operations will insure that the UASs will not create a hazard to the users of the 

national airspace system or the public.

The very small nature of the UASs utilized by Kentuckycities.com LLC combined with 

the safety protocols outlined below will allow for a greater than equivalent level of safety 

in which Congress envisioned that the FAA must, by exemption allow commercial 

operations of UASs to commence immediately. Also due to the size of the UASs and 

the areas and altitudes they will operate, approval of the exemption presents no national 
security issue and absolutely minimal safety concerns which have been mitigated 

through a rigorous risk management process. Given the clear direction given in Section 

333 of the Reform Act, the authority contained in the Federal Aviation Act, as amended; 

the strong equivalent level of safety surrounding the proposed operations, the significant 

public benefit, including enhanced safety, reduced emissions utilizing UASs vice 

traditional aircraft as well as the economic impact of greatly reducing the cost of aerial 

photography thereby benefiting the greater public's interest. Accordingly, the applicant 

requests that the FAA grant the requested exemption without delay.

The following limitations are considered to be binding for the operation of

UASs for commercial purposes by Kentuckycities.com LLC:

1. Flights will be operated in the line-of-sight by a ground based FAA certificated 

pilot.

2. Flights will only occur in the daytime and clear of clouds

3. The UASs will weigh less than 55lbs at takeoff and during flight

4. Flights will be terminated with 25% of battery life remaining

5. Flights will be operated at an altitude at or below 400' AGL

6. Pilots, camera operators and observers will be trained using the applicable

portion of the UAS's manual as well as the SOPs.

7. Minimum UAS crew will be one certificated sport pilot or higher rating with a 

current FAA medical or U.S. driver’s license. A camera operator and or 

observer may be added as required to further reduce the possibility of task

saturation by the pilot depending on the mission requirements.

8. Pilot, observer and camera operator will verbally communicate throughout 

flight operations.

9. The UAS Pilot will conduct a full site survey to determine the Area of

Responsibility (AOR). This AOR is the actual area for UAS operations for a

particular day. Each survey will include the assessment of potential hazards 

to include but not limited to airspace classification, NOTAMS, temporary flight 

restrictions, closest airport proximity, natural and manmade obstacles, and 

unnecessary persons which may pose a risk to operations or safety. If 

deemed necessary, the pilot will employ additional personal as safety 

observers.

10.Kentuckycities.com LLC will obtain consent (verbal or written) for any persons 

who need to be within 100 feet of UAS flight operations.

11.Written and or verbal permission from the relevant property owners will be 

obtained prior to flight.

12.If the UAS loses communications or loses its GPS signal, the UAS will have

the capability to return its take off location and land autonomously.

13.The pilot will abort flight in case of unpredicted obstacles or emergencies.
14 C.F.R Part 21 Subpart H: Airworthiness Certificates 14 C.F.R. 91.7(a), 91.203

(a)(1)

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 defined area of operations for Kentuckycities.com LLC UAS flights permits 

exemption from Part 21 because Kentuckycities.com LLC 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 UASs from the airworthiness certificate requirement in consideration of 

weight, size, speed, maneuverability and proximity to areas such as airports and dense 

populations. Kentuckycities.com LLC meets or exceeds each of these elements.

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

registrations. They are inapplicable for the same reasons stated above. The equivalent 

level of safety will be achieved by maintaining such certifications and registrations at 

Kentuckycities.com LLC.

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) Civil Aircraft Flight Manual in the Aircraft

14 C.F.R. 91.9(b)(2) requires an aircraft flight manual in the aircraft. As there are no 

pilots of passengers, and given the size of the UASs, this regulation is inapplicable. An 

equivalent level of safety will be achieved by maintaining an operators manual at the 

flight operations center. The FAA has previously issued exemptions to this regulation in 

Exemption Nos. 8607, 737,8738,9299,9299A,9565,9565B,10167,10167A,10602,10700

and 32827.

14 C.F.R. 91.103(b) Preflight action

14 C.F.R. 91.103 Each pilot in command shall, before beginning a flight, become 

familiar with all available information concerning that flight. This information must 

include: (b) For any flight, runway lengths at airports of intended use, and the following 

takeoff and landing distance information. This subparagraph is not applicable due to our 

off airfield operations.

14 C.F.R. 91.109 Flight instruction; Simulated instrument flight and certain

flight tests.
14 C.F.R. 91.109 and all the subparagraphs address the operation of a civil manned 

aircraft in conjunction with training and flight tests. The UAS to be employed by 

Kentuckycities.com LLC are not designated in this category.

14 C.F.R. 91.121 Altimeter Settings

14 C.F.R. 91.121 regarding altimeter settings is inapplicable because

Kentuckycities.com LLCUASs utilize GPS systems and internal gyroscopes to provide 

spatial stability and a reference datum.

14 C.F.R. 91.151 Fuel Requirements for Flight in VFR Conditions

14 C.F.R. 91.151 prohibits an individual from beginning a "flight in an airplane under 

VFR conditions unless (considering wind and forecast weather conditions) there is 

enough fuel to fly to the first point of intended landing, and assuming normal cruising 

speed- (1) During the day to fly after that for at least 30 minutes; or (2) At night, to fly 

after that for at least 45 minutes"

The battery powering the UAS provides approximately 25 minutes of powered flight 

which is less than the reserve requirement alone by FARs for day or night VFR flight. 

Given the limitations on the UAS's flight envelope, proposed AOR size, battery life and 

its ability to land immediately it is reasonable to allow an exception.

An equivalent level of safety can be achieved by limiting flights to 25% of battery power. 

This restriction would be more than adequate to return the UAS to its planned landing 

zone in the AOR. Similar exemptions have been granted to other operations, including

Exemptions 2689F, 5745, 10673 and 10808.

14 C.F.R. 45.23 Marking of the Aircraft

Applicable Codes of Federal regulations require aircraft to be marked according to 

certain specifications. Kentuckycities.com LLCUASs are unmanned; do not have a 

cabin, cockpit or pilot station on which to mark certain words or phrases. Further, twoinch lettering is impractical to place on such small aircraft. Kentuckycities.com LLC will, 

however, place the word "EXPERIMENTAL" on its fuselage as required by 14 C.F.R. 

45.29 (f) so that the pilot, camera operator, observer and any other persons operating in

the AOR can see the markings on the UAS. The FAA has previously issued exemptions 

to this regulation through Exemptions Nos. 8738, 10167, 10167 A, and 10700.

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. Kentuckycities.com 

LLC will only operate its UASs at or below 400 AGL. Kentuckycities.com LLCwill 

operate its UASs in a defined AOR that has been carefully reviewed for hazards and

minimizes the presence of any persons not essential for operations. Flights will only be 
conducted over private property with consent of the property owner. The equivalent 

level of safety will be achieved given the size, weight and speed of the UAS as well as

the location where it is operated. Compared to flight operations with traditional aircraft or 

rotorcraft weighing far more than 55lbs, operating below 500 AGL with flammable fuel 

UAS operations present a far smaller risk.

14 C.F.R. 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 the aircraft 

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

except as prescribed in paragraph (c) of this section, have discrepancies repaired as 

prescribed in part 43 of this chapter. .. " and others shall inspect or maintain the aircraft 

in compliance with Part 43.

These regulations only apply to aircraft with an airworthiness certificate. They will not, 

therefore, apply to Kentuckycities.com LLC UASs should its requested exemption be 

granted. As an equivalent level of safety Kentuckycities.com LLC requires its pilots to 

conduct a preflight, through flight and post flight inspection of the UAS to ensure it's 

flight worthiness prior to launch. Each UAS is flown in compliance with the applicable

manufactures manual to include all software update cycles as well as flight checklists. In 

the event of a malfunction the UAS can land immediately.

Privacy

All flights will occur over private or controlled access property with the property owner's 

prior consent and knowledge.

Summary

Kentuckycities.com LLC is seeking exemption from the following rules: 14

CFR 21, subpart H, 14 CFR 45.23(b), 14 CFR 91.7(a), 91.9 (b)(2), 91.103(b), 91.109,

91.119, 91.121, 91.151(a), 91.203(a)&(b), 91.405(a), 91.407(a)(1), 91.409(a)(2),

91.417(a)&(b).

Approval of the above exemptions allowing commercial operations of small UASs in the 

service of aerial photography will greatly enhance safety by reducing the overall risk 

associated with traditional aircraft. Traditional aerial photography requires large aircraft 

weighing thousands of pounds and carrying hundreds of pound of fuel presenting a 

significant risk to life and property. With Kentuckycities.com LLC use of small UASs 

weighing less than 55 lbs, powered by batteries and operating at or below 400 AGL they 

virtually eliminate all of the risk associated with traditional aerial photography. The UASs 

will carry no people thereby eliminating the exposure to the risks associated with flying 

while accomplishing the same task in a much safer manner.
Kentuckycities.com LLC respectfully requests that the FAA grant its exception without 

delay. The FAA has the authority to issue the exemption sought by Kentuckycities.com 

LLC pursuant to the Federal Aviation Act, 85 P.L. 726 (1958), as amended (the "Act").

Sincerely,

Kentuckycities.com LLC 

P.O. Box 1104

223 Risen Ave

Campbellsville, Ky, 42719-1104