Richard L. Hendrickson, Esq.

filing@333exemptionexperts.com

(856) 912-4908

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February 15, 2016

U.S. Department of Transportation

Docket Operations, M-30

1200 New Jersey Avenue, SE

Room W12-140, West Building Ground Floor

Washington, DC 20590-0001

RE: Petition of Kelmar Global for an Exemption Pursuant to Section 333 of the FAA

Modernization and Reform Act of 2012 to Operate an Unmanned Aircraft System

Dear Sir or Madam,

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

Act) and 14 C.F.R. Part 11, Kelmar Global hereby applies for an exemption from the Federal 

Aviation Regulations (FAR) identified below to allow for the commercial operation of the 

Unmanned Aircraft Systems (UAS) also identified below.

I. REGULATIONS FOR WHICH EXEMPTION IS REQUESTED

Kelmar Global requests exemption from the following Federal Aviation Regulations in 

order to efficiently conduct its aerial investigation and inspection business:

• 14 C.F.R Part 21, Subpart H;

• 14 C.F.R Part 27;

• 14 C.F.R § 45.23(b);

• 14 C.F.R. § 45.27(a);

• 14 C.F.R § 61.113;

• 14 C.F.R § 91.7(a);

• 14 C.F.R § 91.9(b)(2);

• 14 C.F.R § 91.9(c);

• 14 C.F.R § 91.103;

• 14 C.F.R § 91.119;

• 14 C.F.R § 91.121;

• 14 C.F.R § 91.151(a) & (b)
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• 14 C.F.R § 91.203 (a) & (b);

• 14 C.F.R § 91.405(a);

• 14 C.F.R § 91.407(a)(l);

• 14 C.F.R § 91.409(a)(2);

• 14 C.F.R § 91.417 (a) & (b).

II. STATUTORY AUTHORITY FOR FAA TO GRANT REQUESTED 

EXEMPTIONS

This petition for exemption is submitted in accordance with Section 333 of the Reform 

Act. Congress has directed the FAA “to safely accelerate the integration of civil unmanned 

aircraft systems into the national airspace system.” Pursuant to Section 333 of the Reform Act, 

the FAA Administrator is to permit operation of an unmanned aircraft system where it does not 

create a hazard to users of the national airspace system (NAS), the public, or pose a threat to 

national security based on the following considerations:

• The size, weight, speed and operational capability of the UAS;

• Proximity to airports and populated areas; and

• Operation within visual line of sight (VLOS) of the operator.

Furthermore, the Federal Aviation Act grants the FAA Administrator general authority to 

grant exemptions from the agency’s safety regulations and minimum standards when the 

Administrator decides a requested exemption is in the public interest.1 A party requesting an 

exemption must explain the reasons why the exemption: (1) would benefit the public as a whole, 

and (2) would not adversely affect safety or how it would provide a level of safety at least equal 

to the existing rules.2

III. DESCRIPTION OF KELMAR GLOBAL AND ITS SERVICES

Kelmar Global is a Texas-based private investigation company that services large 

companies, oil and energy companies, and law firms. Kelmar Global is seeking to expand its 

services by including aerial investigation and inspection via UAS.

Kelmar Global will be using its UAS to conduct aerial inspections of pipelines and large 

industrial yards. UAS will also be used to conduct accident scene, crime scene, and fire 

investigations where using aerial video and photographs would prove useful in determining the 

																																																												 1 See 49 U.S.C. §§ 106(f), 44701-44716, et seq. 2 14 C.F.R. § 11.81.
Richard L. Hendrickson, Esq.

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potential causes of the incidents under investigation. Moreover, the UAS will be able to inspect 

for any safety hazards at the site before first responders are exposed to potential danger. 

Additionally, using UAS will allow Kelmar Global to obtain timely aerial footage of these 

scenes even if the scenes are in remote locations that would otherwise require complex logistical 

considerations.

The contact information for the petitioner, Kelmar Global, is as follows:

Kelly E. Riddle

President

Kelmar Global

2553 Jackson Keller, Ste. 200

San Antonio, TX 78230

kelly@kelmarglobal.com

Tel: (210) 342-0509

www.kelmarglobal.com

IV. PROPOSED OPERATIONS

Kelmar Global is requesting exemptions from applicable Federal Aviation Regulations 

pursuant to Section 333 of the Reform Act to perform aerial inspection and investigation services 

via UAS. The UAS that Kelmar Global plans to use and Kelmar Global’s proposed flight 

operations, which comply with the requirements of 14 C.F.R. § 11.81, are detailed in the 

following subsections.

A. The UAS to be Used

Kelmar Global seeks to use the DJI Phantom 3 Professional to conduct its flight 

operations. This UAS has been approved in previous grants of exemption and will be detailed 

below.

DJI Phantom 3 Professional

• Weight: approximately 2.82 pounds (1280 g).

• Maximum Speed: approximately 31.1 knots (16 m/s).

• Maximum Altitude: approximately 19685.04 ft (6000 m).

• Maximum Distance from Controller: up to approximately 3.1 mi. (5 km).
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• Diagonal size (width): 23.23 in. (590 mm).

• Power: one LiPo 4S battery with capacity of 4480 mAh with voltage of 

15.2V.

• Maximum Flight Time: approximately 23 minutes.

The DJI Phantom 3 Professional has been included in previously granted exemptions, 

including, e.g., Exemption No. 11944, Regulatory Docket No. FAA-2015-1034.

B. Flight Operations

When conducting flight operations, Kelmar Global will keep its UAS in visual line of 

sight (VLOS) and use a visual observer (VO) separate from the Pilot in Charge (PIC) at all times. 

The PIC will possess an airline transport, commercial, private, recreational, or sport pilot 

certificate and a valid state driver’s license. The area in which operations will be conducted will 

be evaluated for safety concerns prior to flight. If clouds are in the vicinity, the PIC will maintain 

the FAA’s prescribed stand off distance. If flight operations are to take place over private 

property, permission will be sought from the property’s owner before flight commences. When 

flight operations are to take place over public lands, any necessary permission and/or 

documentation will be obtained from the appropriate local, state, and federal authorities. When 

manned aircraft are in the vicinity, Kelmar Global will immediately give way and land. 

Kelmar Global will file a Notice to Airmen (NOTAM) and a UAS flight plan on the 

online flight services website prior to any flight operations. At no time will Kelmar Global

conduct flight operations in excess of 400 feet above ground level (AGL) or at speeds in excess 

of 87 knots (100 mph). Additionally, flight operations will only be conducted during daylight 

hours. Flight operations will not be conducted within 500 feet of any nonparticipant person, 

structure, or vehicle unless prior permission is obtained. Maximum flight time for each 

operational flight will be approximately 23 minutes. The aircraft will be safely landed with no 

less than 25% remaining battery life and no less than three minutes of flight time remaining.

The aircraft will be identified by serial number, registered with the FAA, and have 

identification (N-Number) markings as large as practicable. Prior to each flight, a Mission Plan 

will be created setting forth the limitations for the flight as well as contact information for the 

PIC. Further, a zero altitude initiation point will be established and confirmed for accuracy by

the PIC. Pre-flight inspections for cracks, damage or other physical conditions that could hamper 

safe flight will be conducted prior to any and all operations. Post flight inspections will also be 

conducted in order to aid in identifying flight conditions that may cause stress to the propellers, 

landing gear, and other components. Thorough inspection of the UAS will be conducted and the 
Richard L. Hendrickson, Esq.

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flight response will be tested if a hard landing or crash occurs to ensure that the UAS can operate 

in a safe manner before conducting any further missions. 

If the UAS loses communications, it will have the capability to return to a predetermined location within the operational area and land. If the UAS loses its GPS signal it will 

have the capability of being flown manually to a predetermined location within the operational 

area and land. The flight will be aborted in case of unpredicted obstacles or emergencies. Each 

flight will be recorded in an Operations Log Book. Maintenance on the UAS will be recorded in 

a Maintenance Log Book.

V. THE EXEMPTION WILL NOT ADVERSELY AFFECT PUBLIC SAFETY AND 

THE EXEMPTION WILL MEET AN EQUIVALENT LEVEL OF SAFETY AS 

THE FEDERAL AVIATION REGULATIONS PROMOTE.

Kelmar Global’s proposed flight operations will not adversely affect public safety and 

will meet an equivalent level of safety as the Federal Aviation Regulations promote. Kelmar 

Global proposes to operate within the limitations and performance specifications listed in the 

user manual of the proposed UAS, which are also listed above. These limitations provide for a 

higher level of safety for flight operations than the current regulatory structure because the 

proposed flight operations are limited by the hobby-grade size and performance level of the 

proposed UAS. These considerations are as follows.

First, Kelmar Global is using a UAS that can take off and land at a single point, unlike 

traditional manned aircraft. There are no necessary runways, aided takeoff apparatuses, or 

required routes. As such, the proposed operations will not add to the congestion of the NAS.

Second, unlike manned aircraft, the motors, rotors, propellers, body/frame, landing pads, 

and other components for the UAS in this petition are hobby-grade. Their engineering and design 

allows effective layman maintenance. Moreover, any potential damage that could be caused by 

the UAS in this petition is significantly less than the potential damage from a manned aircraft.

Third, unlike manned aircraft, the UAS in this petition is a battery operated multirotor

with a maximum flight time of approximately 23 minutes. Further, the UAS weight is 

approximately three (3) pounds. The UAS maximum speed is approximately 31.1 knots. All of 

these specifications, including those set out above, are significantly inferior to manned aircraft. 

Moreover, Kelmar Global’s proposed operations will further constrain the speed and altitude of 

the UAS.

Fourth, manned aircraft risk flammable fuel spillage in the event of an accident. The UAS 

in this petition does not carry liquid fuel; therefore, the risk of fire following an accident due to 

fuel spillage is eliminated. 
Richard L. Hendrickson, Esq.

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Fifth, unlike manned aircraft, the UAS in this petition has an automatic “return to home” 

feature that, in the case of low battery, lost connection with the remote, or other troubles, takes

the UAS to a preset altitude and automatically navigates to the takeoff location. 

Sixth, the FAA has determined that the risk of not having an electronic means to monitor 

and communicate with other aircraft, such as transponders or sense-and-avoid technology, is 

mitigated by placing limits on altitude, requiring stand-off distance from clouds, permitting 

daytime operations only, requiring that the aircraft be operated within visual line of sight, and 

requiring UAS to yield to all other manned aircraft.

3 All of these considerations have been 

included above.

As such, compared to manned aircraft, using the UAS included in this petition reduces

the risk to participating and nonparticipating persons in close proximity to the UAS due to the 

limited size, weight, and the integrated safety features of the UAS. Additionally, the above

outlined flight operations procedures bring Kelmar Global’s proposed operations well within the 

Federal Aviation Regulatory scheme.

VI. SPECIFIC EXEMPTIONS FROM FEDERAL AVIATION REGULATIONS

Kelmar Global seeks an exemption from several interrelated provisions of 14 C.F.R. 

Parts 21, 45, 61, and 91 for purposes of conducting the requested operations using the UAS 

included above. Listed below are (1) the specific FAR sections for which exemption is sought, 

and (2) the operating procedures and safeguards that Kelmar Global has established to ensure a 

level of safety better than or equal to the rules from which exemption is sought.4

A. 14 C.F.R. § 91.119 – Prohibition of Flight in Congested Areas.

Kelmar Global requests modification, waiver, or exemption and clarification (within 

reason) concerning the above referenced section. Kelmar Global requests a waiver for this 

condition to allow reasonable and responsible investigation and inspection related videography

and photography in congested areas of subdivisions and neighborhoods in accordance with the 

operations outlined above. 

B. 14 C.F.R. Part 21, Subpart H – Airworthiness Certificates and 14 C.F.R. § 

91.203(a)(1).

																																																												 3 See Exemption No. 11062, Docket No. FAA 2014-0352, at p. 13. 4 See 14 C.F.R. § 11.81 (e).
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The FAA has stated that no exemption is needed from this section if a finding is made 

under the Reform Act that the UAS to be used provides an equivalent level of safety when 

compared to manned aircraft normally used for the same application. These criteria are met as 

explained in Section V supra, and therefore no exemption is needed.5 If, however, the FAA 

determines that there are some characteristics of the requested UAS that fail to meet the 

requirements of the Reform Act, an exemption is requested.

The proposed flight operations and the UAS to be used meet an equivalent level of safety 

as the FARs. The UAS included in this Petition is a hobby grade UAS that should not require an 

airworthiness certificate. Posting of special flight authorization would not be possible since the 

proposed UAS does not have a cabin and it is not large enough to carry a certificate. However, a 

special flight authorization can be maintained by the operator to make available upon request.

Additionally, as stated above, the UAS in this petition is safe when taking into account its

relative size, weight, speed, and operational capability when compared to manned aircraft. The 

requested UAS does not carry pilots, passengers, explosive materials, or flammable liquid fuels. 

The proposed operations will be at least as safe as, or safer than, conventional rotorcraft 

operating with an airworthiness certificate without the restrictions and conditions proposed here. 

C. 14 C.F.R. Part 27 Airworthiness Standards: Normal Category Rotorcraft.

14 C.F.R. Part 27 sets forth the procedural requirements for airworthiness certification of 

normal category rotorcraft. To the extent that the UAS in this Petition will otherwise require 

certification under Part 27, Kelmar Global seeks an exemption from Part 27’s airworthiness 

standards for the same reasons identified in the request for exemption from 14 C.F.R. Part 21, 

Subpart H in section VI.B. supra.

D. 14 C.F.R. §§ 45.23(b), 45.27(a) and 91.9(c): Aircraft Marking and 

Identification Requirements.

14 C.F.R. § 45.23(b), Markings of the Aircraft, states:

When marks include only the Roman capital letter “N” and the registration 

number is displayed on limited, restricted or light-sport category aircraft or 

experimental or provisionally certificated aircraft, the operator must also 

display on that aircraft near each entrance to the cabin, cockpit, or pilot 

station, in letters not less than 2 inches nor more than 6 inches high, the words 

																																																												 5 See Grant of Exemption to Astraeus Aerial, Docket No. FAA 2014-0352 at 13-14, 22.
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“limited,” “restricted,” “light-sport, “experimental,” or “provisional,” as 

applicable.

14 C.F.R. § 45.27(a) states:

Rotorcraft. Each operator of a rotorcraft must display on that rotorcraft 

horizontally on both surfaces of the cabin, fuselage, boom, or tail the marks 

required by § 45.23.

14 C.F.R. § 91.9(c) states:

No person may operate a U.S.-registered civil aircraft unless that aircraft is 

identified in accordance with part 45 of this chapter.

In a previous Grant of Exemption, the FAA determined that exemption from these 

requirements was warranted provided that the aircraft “have identification (N-Number) markings 

in accordance with 14 C.F.R. part 45, Subpart C if the markings are “as large as practicable.”6

Accordingly, Kelmar Global will mark all of the UAS it uses in flight operations with its

N- Number in a prominent spot on the body of the UAS with markings that are as large as 

practicable.

E. 14 C.F.R. § 61.113: Private Pilot Privileges and Limitations.

Kelmar Global seeks exemption from 14 C.F.R. § 61.113, which restricts private pilots 

from flying aircraft for compensation or hire and would also require a second-class medical 

certificate. The purpose of Part 61 is to ensure that the skill and competency of any PIC matches 

the airspace in which the PIC will be operating, as well as requiring certifications if the pilot is 

carrying passengers or cargo for hire.

While the proposed UAS will be operated as part of a commercial operation, it carries

neither passengers nor cargo. The FAA determined in the Grant of Exemption for Astraeus 

Aerial, FAA Docket No. FAA-2014-0352, that the unique characteristics of UAS operation 

outside of controlled airspace did not warrant the additional cost and restrictions attendant with 

requiring the PIC to have a commercial pilot certificate and a second-class medical certificate. 

The FAA has also determined that the required knowledge for a commercial pilot covers the 

same fundamental principles as a private pilot. 

																																																												 6 See Exemption No. 11062, Docket No. FAA 2014-0352, at p. 14.
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Further, the FAA stated in its grant of an exception to Astraeus Aerial that “the FAA 

considers the overriding safety factor for the limited operations proposed by the petitioner to be 

the airmanship skills acquired through UAS-specific flight cycles, flight time, and specific make 

and model experience, culminating in verification through testing.”7

The flight operation requirements Kelmar Global has placed on its UAS operations meet 

or exceed the restrictions similarly imposed on Astraeus Aerial in FAA Docket No. FAA-2014-

0352. Among other restrictions detailed above, Kelmar Global will operate at least 500 feet from 

persons and property not involved in the operation. The aircraft will be flown based on VLOS at 

or below 400 feet AGL. All flights will include a VO. Additionally, during all of Kelmar 

Global’s flight operations, the PIC will possess at least a sport pilot’s certificate. As such, the 

proposed operations will achieve an equivalent level of safety by requiring knowledge and 

experience concerning the UAS operations described above along with the certification involved 

with obtaining at least a sport pilot’s certification.

F. 14 C.F.R. § 91.7(a): Civil Aircraft Airworthiness.

Kelmar Global seeks an exemption from 14 C.F.R. § 91.7(a), which requires that a civil 

aircraft be in airworthy condition to be operated. The FAA has stated that no exemption is 

required to the extent that the requirements of 14 C.F.R. Part 21 are waived or found 

inapplicable. Accordingly, Kelmar Global requests that the requirements for Section 91.7 be 

treated in accordance with the FAA’s determination of the applicability of 14 C.F.R. Part 21 

Subpart H.8

G. 14 C.F.R. § 91.9(b)(2): Civil Aircraft Flight Manual in the Aircraft; 

14 C.F.R. §§ 91.203(a) and (b): Carrying Civil Aircraft Certification and 

Registration.

14 C.F.R. § 91.9(b)(2) states in pertinent part:

(b)No person may operate a U.S.-registered civil aircraft –

(2)For which an Airplane or Rotorcraft Flight Manual is required by § 

21.5 of this chapter, unless there is available in the aircraft a current

approved Airplane or Rotorcraft Flight Manual, approved manual 

material, markings, and placards, or any combination thereof.

																																																												 7 See Exemption No. 11062, Docket No. FAA 2014-0352, at p. 18. 8 See Grant of Exemption No. 11062, p. 19.
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14 C.F.R. §§ 91.203(a) and (b) states in pertinent part:

(a)Except as provided in § 91.715, no person may operate a civil aircraft unless it 

has within it the following:

(1)An appropriate and current airworthiness certificate.

(b)No person may operate a civil aircraft unless the airworthiness certificate 

required by paragraph (a) of this section or a special flight authorization issued 

under § 91.715 is displayed at the cabin or cockpit entrance so that it is legible to 

passengers or crew.

Kelmar Global does not request an exemption from this section but instead notifies the 

FAA that, in accordance with FAA Office of Chief Counsel’s Opinion dated August 8, 2014, the 

UAS flight manual, registration certificate and other documentation will be kept available and 

with the PIC during flight. The Chief Counsel’s Office has held that for all UAS operations, this 

alternate method constitutes full compliance with the regulations.9

H. 14 C.F.R. § 91.103: Preflight Action.

Kelmar Global seeks an exemption from 14 C.F.R. § 91.103, which requires a PIC to 

become familiar with specific information before each flight, including information contained in 

the FAA-approved Flight Manual on board the aircraft. The proposed UAS will not have a Flight 

Manual on board. The PIC during Kelmar Global’s flight operations will take all actions 

including reviewing weather, flight battery requirements, landing and takeoff distances and 

aircraft performance data before initiation of flight operations. Under these circumstances, the 

FAA has stated that no exemption is required.10 An exemption is requested to the extent that 

an FAA-approved Flight Manual is required.

Kelmar Global will achieve an equivalent level of safety by having the PIC attain a 

working knowledge of the provisions in the UAS user manual. Additionally, the PIC will review 

preflight conditions. This includes completing all required checklists and reviewing weather, 

flight requirements, battery charge, landing and takeoff distance, aircraft performance data, and 

contingency landing areas before initiation of flight. The User Manuals will be kept with the PIC

at all times.

																																																												 9 See also Grant of Exemption No. 11062, pp. 19-20, and Grant of Exemption No. 8607. 10 See Grant of Exemption No. 11062, p. 20.
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I. 14 C.F.R. § 91.119(c): Minimum Safe Altitudes in Uncongested Areas.

Kelmar Global requests an exemption from the minimum safe altitude requirements of 14 

C.F.R. § 91.119(c). This section prescribes that an aircraft may not be operated lower than 500 

feet AGL. The FAA has already determined that relief from Section 91.119(c) is warranted for 

UAS operations in uncongested areas with similar flight restrictions as those imposed by Kelmar 

Global.

11 Kelmar Global requests an exemption for congested areas where it has obtained 

permission from people and property owners within 500 feet of flight operations.

Compared to flight operations with rotorcraft weighing far more than the maximum 

weight of the proposed UAS in this Petition, and given the lack of flammable fuel, any risk 

associated with these proposed flight operations is far less than those that presently exist with 

conventional manned aircraft. An equivalent level of safety will be achieved because the size, 

weight, and speed of the proposed UAS are a fraction of what a manned aircraft would be. 

Additionally, in order to avoid any risk to manned aircraft, flight operations will be restricted to 

400 feet AGL or below, in compliance with FAA regulations. 

J. 14 C.F.R. § 91.121: Altimeter Settings.

This petition seeks an exemption from 14 C.F.R. § 91.121, which requires a person 

operating an aircraft to maintain cruising altitude or flight level by reference to an altimeter that 

is set to the elevation of the departure airport. The proposed UAS use both barometric pressure 

sensors and GPS to determine altitude but do not have an altimeter. An exemption is required to 

the extent that the proposed UAS do not have a barometric altimeter setting. The altitude of the 

aircraft is monitored by the PIC through the altitude reading on the controller and by the visual 

observer.

The FAA has stated that an equivalent level of safety can be achieved if the aircraft will 

be operated at or below 400 feet AGL and within visual line-of-sight in addition to GPS based 

altitude information being relayed in real time to the operator.12 Kelmar Global’s proposed UAS

will be operated at or below 400 feet AGL and it will comply with the limitations in the Grant of 

Exemption No. 11062, including the use of a VO and real time GPS tracking, relayed to the PIC 

on the controller, of the UAS’ altitude.

K. 14 C.F.R. § 91.151(a): Fuel Requirements for Flight in VFR Conditions.

																																																												 11 See Grant of Exemption No. 11062, p. 20-21. 12 See Grant of Exemption No. 11062, p. 20-21.
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Kelmar Global requests an exemption from the 14 C.F.R. § 91.151(a) fuel requirements 

for flight in VFR conditions. Section 91.151 states:

(a) No person may begin 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.

Here, the technological limitations of the proposed UAS battery power dictate that no 

meaningful flight operations can be conducted while still maintaining a 30-minute fuel reserve. 

The UAS in this Petition is battery powered with a maximum flight time of approximately 23

minutes. Kelmar Global will safely land their UAS with no less than 25% battery reserve, or

three minutes of flight time remaining.

The FAA has stated that an equivalent level of safety is provided if the UAS flight is 

conducted under daytime VFR flight conditions using VLOS, and terminated with at least 25% 

reserve battery power still available.13 Kelmar Global’s flight operations will meet an equivalent 

level of safety by requiring their UAS to land with no less than 25% battery life remaining or

three minutes of flight time remaining. Moreover, all flight operations will otherwise comply

with the flight restrictions outlined above.

L. 14 C.F.R. §§ 91.405(a), 91.407(a)(l), 91.409(a)(2); 91.417(a) and 

(b): Maintenance Inspections.

Kelmar Global seeks an exemption from the maintenance inspection requirements 

contained in 14 C.F.R. §§ 91.405(a), 91.407(a)(l), 91.409(a)(2); 91.417(a) and (b). These 

regulations specify maintenance and inspection standards in reference to 14 C.F.R. Part 43.14 An 

exemption from these regulations is needed because Part 43 and these sections only apply to 

aircraft with an airworthiness certificate, which the proposed UAS in this Petition will not have.

An equivalent level of safety will be achieved because maintenance and inspections will 

be performed on the proposed UAS before every flight operation, and otherwise as necessary, in 

accordance with the above procedures. This includes any necessary maintenance, overhaul, 

																																																												 13 See Grant of Exemption No. 11062, p. 21-22. 14 See, e.g., 14 C.F.R. § 91.405(a) (stating that each owner or operator of an aircraft “[s]hall have the aircraft 

inspected as prescribed in subpart E of this part and shall between required inspections ... have discrepancies 

repaired as prescribed in part 43 of this chapter”).
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replacement, and inspection requirements for the UAS and procedures to document and maintain 

maintenance records for the UAS.15 Moreover, flight operations will not be conducted unless a 

flight operations checklist is performed that includes all of the UAS’ components. The above 

procedures also set requirements for maintenance log books and record keeping as well as 

routine and post-flight operation maintenance. Additionally, the above procedures set 

requirements for both annual maintenance and preventative maintenance.

VII. PUBLIC INTEREST

Granting an exemption for Kelmar Global is in the public interest for the following 

reasons:

A. Enhancing Public Safety. 

Allowing Kelmar Global to conduct aerial investigations and inspections will enhance 

public safety by providing an additional investigative tool to help gather information about crime 

scenes, accident scenes, fire damaged property, and other locations pertinent to private 

investigatory work. Moreover, Kelmar Global will be available to conduct volunteer aerial 

inspection and investigation when requested by local law enforcement. Rather than relying on 

manned aircraft to provide the aerial videography/photography for investigations and 

inspections, Kelmar Global will be able to provide a comparable product with a much smaller 

and less intrusive vehicle. UAS are significantly smaller, quieter, and they carry no liquid or 

flammable fuel. Additionally, they have integrated features that allow them to safely return to 

their takeoff location and land automatically if the operator encounters any trouble. As such, they 

pose little to no risk to the local community in which they are flying.

Additionally, Kelmar Global’s aerial footage will assist oil companies in their 

maintenance of pipelines to help prevent oil spills as well as contribute to mitigating other 

security concerns in areas where assets are difficult to reach.

B. Creating Jobs. 

Kelmar Global will be creating jobs for the local San Antonio community by harnessing a 

new, burgeoning technology. Employing UAS for aerial inspection and investigation will allow 

Kelmar Global to remain competitive and flexible in an increasingly difficult market because 

UAS operate on battery power and create no emissions. Moreover, with the flexibility and 

competitiveness offered by using UAS, Kelmar Global will be able to offer stable employment 

and contribute to the growth of the domestic economy.

																																																												 15 See Exemption No. 11062, Docket No. FAA 2014- 0352, at p. 14-15.
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C. Community Engagement

Aside from conducting aerial inspections and investigations, Kelmar Global will be able 

to engage with the local disabled community. Kelmar Global will host spectator events for 

people with disabilities in the community wherein the spectators will be able to watch and 

engage with Kelmar Global’s UAS pilots. Additionally, the spectators will be able to watch UAS 

flight demonstrations with the ultimate purpose of sharing the joy of flight.

D. Decreasing NAS Congestion. 

Allowing Kelmar Global to operate UAS for aerial inspections and investigations will 

decrease congestion in the NAS. Because Kelmar Global will be operating a UAS in lieu of a 

manned aircraft, it will be effectively decreasing the congestion of local airports and air traffic 

controllers. As such, Kelmar Global will be positively contributing to the safety and efficient use 

of the NAS.

E. Promoting Environmentally Friendly Flight. 

Kelmar Global’s operation of UAS for aerial investigation and inspection is 

environmentally friendly because UAS require no lead-based liquid fuels and UAS create no 

harmful emissions. Additionally, UAS will create significantly less noise pollution than 

traditional manned aircraft.

F. Additional Public Interest Considerations.

Beyond the above reasons, many of which have been put forth by previous successful 

Exemption seekers (see Exemption No. 14509 / Regulatory Docket No. FAA-2015-5303: see 

also Exemption No. 14492 / Regulatory Docket No. FAA-2015-5282), National policy set by 

Congress favors early integration of UAS into the NAS in controlled, safe working 

environments. By granting this petition, the FAA will fulfill Congress’s intent of allowing UAS 

to operate safely in the NAS before completion of the rulemaking required under Section 333 of 

the Reform Act.

Therefore, based on the above, it is in the public interest for the FAA to grant the request 

exemptions for Kelmar Global.

VIII. PRIVACY
Richard L. Hendrickson, Esq.

filing@333exemptionexperts.com

(856) 912-4908

15

All Kelmar Global flight operations will be conducted in accordance with any federal, 

state or local laws regarding privacy. All flights over private property will be made with the 

property owner’s prior written consent and knowledge. Kelmar Global will keep these written 

agreements on file for inspection by appropriate authorities, if requested. Individuals captured in 

video or photographs outside the scene of investigation or inspection will be made anonymous 

unless they have consented to be included in the video or photographs. All flights over public 

property will be made with the prior approval of the applicable local, state, and federal 

authorities. While in transit to the specific scene, no video or photographs will be recorded. 

IX. NATIONAL SECURITY 

Given the small size of the UAS involved and the restricted environment within which 

they will operate, this petition presents no national security issue. Further, the security screening 

conducted by the Transportation Security Administration of certified pilots satisfies the statutory 

requirement of Section 333 for operations to not pose a threat to national security.

X. SUMMARY FOR FEDERAL REGISTER

Pursuant to 14 C.F.R. Part 11, the following summary is provided for publication in the 

Federal Register, should it be determined that publication is needed:

Kelmar Global seeks an exemption from the following rules in order to provide aerial 

inspection and investigation photography and videography: 14 C.F.R Part 21, Subpart H; 14 

C.F.R Part 27; 14 C.F.R § 45.23(b); 14 C.F.R. § 45.27(a); 14 C.F.R § 61.113; 14 C.F.R § 

91.7(a); 14 C.F.R § 91.9(b)(2); 14 C.F.R § 91.9(c); 14 C.F.R § 91.103; 14 C.F.R § 91.119; 14 

C.F.R § 91.121; 14 C.F.R § 91.151(a) & (b) 14 C.F.R § 91.203 (a) & (b); 14 C.F.R § 91.405(a); 

14 C.F.R § 91.407(a)(l); 14 C.F.R § 91.409(a)(2); 14 C.F.R § 91.417 (a) & (b).

The proposed exemptions in this Petition will provide a higher level of safety than the 

current Federal Aviation Regulations promote because of the performance limitations, relative 

small size, and lack of liquid fuels in the proposed UAS. Moreover, Kelmar Global will conduct 

flight operations according to the extensive procedures outlined above that also contribute to a 

higher level of safety than the current Federal Aviation Regulations promote.

XI. CONCLUSION

Based on the above considerations, and in compliance with 14 C.F.R. § 11.81, Kelmar 

Global respectfully requests that the FAA grant exemptions for the above-listed Federal Aviation 
Richard L. Hendrickson, Esq.

filing@333exemptionexperts.com

(856) 912-4908

16

Regulations because Kelmar Global’s proposed flight operations would not adversely affect 

safety and the exemption will exceed the level of safety of the current Federal Aviation 

Regulations. Moreover, granting the exemptions will be in the public interest because it will 

allow Kelmar Global to gather additional information about accident, crime, and fire scenes with 

the goal of determining cause, as well as provide an additional tool to oil companies to ensure the 

good condition and security of their assets.

Very Truly Yours,

 /s/ Richard L. Hendrickson, Esq.

 333 Exemption Experts

On Behalf of,

/s/ Kelly E. Riddle

President

Kelmar Global