February 10, 2016

Kissner G.C., Inc.

PO Box 682

Cedaredge, CO 81413

(970) 835-7910

kkissner@kissnergen.com 

U.S. Department of Transportation

Docket Management System

West Building Ground Floor Room w12-140

1200 New Jersey Ave.,

SE Washington, DC 20590

RE: Section 333 Exemption Request for Commercial Operation of a sUAS

Dear Sir or Madam,

Pursuant to Section 333 of the FAA Modernization and Reform Act of 2012 and 14 C.F.R. 11, I, Kyle Kissner, Operator of a small 

unmanned aircraft system (sUAS) on behalf of Kissner General Contractors, Inc. (KGCI), requests to be exempted from the Federal 

Aviation Regulations (FAR’s) listed below to allow KGCI to safely and legally operate small unmanned aircraft systems in the national airspace (NAS), which is regulated by the Federal Aviation Administration (FAA).

An approved exemption by the FAA would allow KGCI to operate a DJI Phantom 2+V3.0 sUAS with HD Video Camera on construction sites operated and managed by our firm. The sUAS will be used to help incorporate visual aids to project schedules, confirming various construction layouts, help to insure the safety of rockfall remediation technicians and will provide pictures and video 

footage that will help KGCI market our firm throughout the construction industry, provided that all operations conducted adhere to 

the regulations established by the FAA as required by Section 333. 

If granted exemption, KGCI would be permitted the above specified operation of a sUAS in the NAS with controlled and premeditated flight plans, weather permitting, away from the general public, airports, heliports, motorways or any restricted airspace. KGCI 

will also comply with all local and state ordinances and laws regarding the operation of a sUAS.

The following information contains the list of regulations from which KGCI is seeking exemption from, and a list of responsibilities 

I, Kyle Kissner, and KGCI assumes as the Pilot in Command (PIC). The information also includes information regarding the specifications of the aircraft and its safety features as well as the public benefit in operating the sUAS.

I. Contact Information of Applicant:

Kissner G.C., Inc.

Kyle Kissner—Vice President

PO Box 682

Cedaredge, CO 81413

P: (970) 835-7910

F: (970) 835-7911

E-mail: kkissner@kissnergen.com

II. Regulations of Title 14 of the Code of Federal Regulations from which exemption is requested:

14.C.F.R. Part 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

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) & (b)

14.C.F.R. 91.405 (a)

14.C.F.R. 407 (a) (1)

14.C.F.R. 409 (a) (2)

14.C.F.R. 417 (a) & (b)
14 C.F.R. Part 21, Subpart H: Airworthiness Certificates

14 C.F.R. Part 21, Subpart H consists of the procedural requirements for the issuance of airworthiness certificates as mandated by 

FAR §91.203 (a) (1). Given the size of our sUAS and limited operating area associated with the specifications of the aircraft, an exemption from Part 21 Subpart H meets the requirements of an equivalent level of safety under Part 11 and Section 333 of the Reform 

Act. The Federal Aviation Act (49 U.S.C.§44701 (f)) and Section 333 of the 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 sUAS. (This information is listed further in the document and specifications 

attached). The sUAS to be operated by the PIC is less than 55 lbs. fully loaded, and carries no personnel, explosive materials or 

flammable liquid fuels, and operates exclusively within a designated & secured area. Operations under this exemption will be tightly 

controlled and monitored by both the PIC and under the requirements and in compliance with local public safety regulations. Finally, application of these same criteria demonstrates that there is no credible threat to national security posed by the sUAS due to its 

size, operational speed, location of operation, processes of operations, lack of explosive materials or flammable liquid fuels, and 

inability to carry a substantial external load.

14 C.F.R. 45.23 (b): Marking of the Aircraft

As stated by 14C.F.R. §45.23 (b): “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 "limited", "restricted", "light-sport", "experimental", or "provisional", as applicable”. Though the sUAS will have no 

airworthiness certificate, an exemption to this C.F.R could be needed for the sUAS due to the fact that it has no entrance to the cabin, 

cockpit or pilot station on which the word “Experimental” can be placed. Given the size of the sUAS, two-inch lettering will be impossible to place anywhere on the aircraft. The word “Experimental” will be placed on the fuselage in compliance with §45.29 (f) so 

the pilot, observer, and others working with the sUAS will see the identification of the sUAS as “Experimental”. The FAA has issued the following exemptions to this regulation as Exemption Numbers 10700, 8738, 10167 and 10167A.

14 C.F.R. 61.113 (a): Private Pilot Privileges & Limitations & 14 C.F.R. 61.113 (b): Pilot in Command

Much like 14 C.F.R. §Part 21, Subpart H, exemption from these regulations may be granted due to the sUAS not having the ability to 

carry a pilot or passengers. By this interpretation, the sUAS has the equivalent level of safety of current operations by requiring the 

PIC operating the aircraft to have no less than 40 hours of flight time with the same sUAS that KGCI uses. The certified PIC will 

log operating time in a manner consistent with 14 C.F.R. 61.51 (b) and KGCI will provide records and logs to the FAA regarding 

those flights as needed. The PIC operating the sUAS will have a valid U.S. Driver’s License.

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

Since the sUAS does not have a specific Airworthiness Certificate determined by the FAA, we are proposing to be exempt from this

regulation. KGCI will perform pre-flight safety inspections of the rotors and props, battery, transmitter, and compass/altimeter of the 

sUAS to insure that the sUAS is safe to fly. If applicable, KGCI would also like to file an exemption from the requirements shown 

in 14 C.F.R. 91.405 (a), 91.407(a)(2) and 91.417 (a) & (b) which applies to the maintenance inspections. Maintenance Inspections 

only apply to aircraft with an Airworthiness Certificate. As stated above, KGCI will conduct pre-flight safety inspections for the 

sUAS, which is also outlined in the attached user manual. Further information is provided in respect to this C.F.R. at the end of this 

section.

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

Based on the sUAS size and lack of any storage capacity for a flight manual, or the fact that it is not able to carry a pilot or passengers, KGCI is requesting exemption from the above called out regulation. KGCI will have a PIC operating the sUAS from a ground 

station control with a visual observer (VO). The sUAS safety/flight manual will be kept at the ground station control area where it 

can be easily accessed by the observer at all times or by the PIC, when deemed safe to do so. We feel that this plan of operation is at 

an equivalent level of safety as having a flight manual in a civil aircraft. (The following exemption numbers have been previously 

issued by the FAA to this regulation: 8607, 8737, 8738, 9299, 9299A, 9565, 9565B, 10167, 10167A, 10602, 32827, and 10700).

14 C.F.R. 91.103: Preflight Action

As stated in 14 C.F.R §91.103, “Each pilot in command shall, before beginning a flight, become familiar with all available information concerning the flight. This information includes...”. However, a FAA approved flight manual for the sUAS is not provided 

for the aircraft so an exemption may be needed. In any affect, before a flight the PIC will check proper weather conditions, insure 

the batteries are fully charged and working properly, rotors and propellers are in good working condition, no flaws of the body and 

landing gear are apparent, and review landing and takeoff distances and proper signal retrieval is available to insure accurate aircraft 

performance data. The manufacturer’s supplied operators manual will be reviewed as needed before each flight.

14 C.F.R. 91.109: Flight Instruction

As stated in 14 C.F.R §91.109, “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”. A sUAS does not have fully functional dual controls by design. 

Flight control is based on radio signal being transmitted between the handheld controls and the craft. See exemption numbers
5778K and 9862A. We anticipate the equivalent level of safety due to not having passengers or a pilot on board the aircraft and by 

the specified speed and size of the aircraft. 

14 C.F.R. 91.119: Minimum Safe Altitudes

The above exemption requires safe minimum altitudes for the operation of civil aircrafts, but allows helicopters to operate at a less 

than the specified minimum altitude given that the operator complies with any routes or altitudes specifically prescribed for helicopters by the FAA. KGCI’s sUAS will not operate over 400’ above the ground level (AGL) and will only be operated in secured and 

designated areas away from the public. Given the size, speed and weight of the sUAS, we believe an equivalent or higher level of 

safety will be achieved.

14 C.F.R. 91.121: Altimeter Settings

KGCI’s sUAS uses a GPS to determine altitude read out instead of an barometric altimeter. For this reason an exemption from this 

regulation may be needed. To insure an equivalent level of safety will be achieved by the PIC, the operator will verify that the GPS 

readings are confirmed correct at ground level before flight is initiated. 

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

“According to 14 C.F.R. §91.203 (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”.

The sUAS is a battery powered aircraft that allows the PIC to see exact battery consumption during flight. The battery life per flight 

is approximately 15-25 minutes depending on the amount of speed and movements conducted while in the air. In every case while 

flying the sUAS, flights will be brought back to the ground station once battery life is at 30% to insure adequate battery power is left 

to safely land the sUAS. The Phantom 2 also has a safety feature that automatically allows the sUAS to fly back to the ground station when low battery is detected. (We never anticipate that this feature will be used). All flights of the sUAS will be predetermined based on weather conditions including wind speeds, moisture and temperature to insure that flights are conducted in the safest 

possible way. Similar exemptions include 2689F, 5745, 10673, and 10808.

14 C.F.R. 91.203 (a) & (b) Carrying Civil Aircraft Certificate & Registration:

An overview of the above C.F.R. states: 

“(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”.

KGCI’s sUAS weighs less than 55 lbs. and will not carry any additional loads. No on board pilot or passengers are able to operate

the aircraft and instead operated by a PIC at a ground station using radio control signals. With this in mind, there is no ability or 

storage space to carry a certification and/or registration document on board the aircraft or a place to display them based on the size of 

the sUAS. An equivalent level of safety will be achieved by keeping these documents at the ground control point where the pilot is 

stationed and will have immediate access to them to the extent of applicability to the sUAS. The FAA has issued the following exemptions to this regulation including Exemption Numbers 9565, 9665, 9789, 9789A, 9797, 9797A, 9816A and 10700. 

14 C.F.R. 91.405 (a), 407 (a)(1), 409 (a)(2), & 417 (a) & (b) Maintenance Inspections:

In reviewing the above C.F.R.’s, these sections apply to Part 43 which only applies to aircrafts with an airworthiness certificate. 

Based on this information, these sections do not apply to the applicant (KGCI) and may be exempt. However, KGCI will perform

routine inspections before and after every flight based on the sUAS Manufacturer’s Operatoring & Maintenance Manual and will be 

done by experienced KGCI employees. All maintenance actions, including replacing propellers, battery’s etc. will be documented 

and logged and will be done to the specifications of the O&M Manual as well. 

III. Overview & Responsibilities 

KGCI will comply with all of the following regulations and limitations should this exemption be provided:

1) At this time, operations will be limited to the following aircraft described in the operating documents, which is a quad-rotor aircraft weighing 2.73 lbs. with a maximum payload of 2.97 lbs.: Phantom 2 Vision+ Unmanned Aircraft System. 

2) The sUAS will not be flown at the regulated max air speed of 33 mph, which is indicated in the manufacture’s O&M Manual.
3) The sUAS will be operated at an altitude of no more than 400 feet above ground level (AGL).

4) The sUAS will be kept in the visual line of sight (VLOS) of the pilot in command (PIC) during the entire flight as well as in the 

VLOS of the visual observer (VO). The VO and PIC will be able to communicate verbally during the entire flight. The VO will

also need to perform all functions prescribed in the O&M Manual.

5) The operating documents relating to the sUAS will be made accessible at all times during sUAS flight.

6) Inspections will be made before and after each flight to determine the conditions of the sUAS. Preflight inspections will also 

consider weather conditions and the area designated as the operating ground station. If any flaw or condition is found that could 

potentially make flying the sUAS unsafe the flight will be grounded until the condition of the aircraft is deemed safe and able to 

fly. All maintenance will be properly documented in the log book. A test flight will be done to insure that the sUAS is flying

properly once maintenance is completed.

7) All maintenance and replacement of components will be done according to the manufacturer’s specifications found in the operating and maintenance manual. 

8) KGCI will have a log book along with the operations and maintenance manual that will document flight hours, flight descriptions, authorized PIC and VO signatures and any maintenance or replacements made to the sUAS. 

9) Each sUAS operated under this exemption must comply with all manufacturer safety bulletins.

10) Pertaining to this grant of exemption, a PIC must hold either an airline transport, commercial, private, recreational, or sport pilot 

certificate. The PIC must also hold a current FAA airman medical certificate or 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. The PIC must also meet the flight review requirements specified in 14 CFR § 61.56 in an aircraft in which the PIC is rated on his or her pilot certificate.

11) The operator may not permit any PIC to operate unless the PIC demonstrates the ability to safely operate the sUAS in a manner

consistent with how the sUAS will be operated under this exemption, including evasive and emergency maneuvers and maintaining appropriate distances from persons, vessels, vehicles and structures. PIC qualification flight hours and currency must be 

logged in a manner consistent with 14 CFR § 61.51(b). Flights for the purposes of training the operator’s PICs and VOs 

(training, proficiency, and experience-building) and determining the PIC’s ability to safely operate the sUAS in a manner consistent with how the UAS will be operated under this exemption are permitted under the terms of this exemption. However, 

training operations may only be conducted during dedicated training sessions. During training, proficiency, and experiencebuilding flights, all persons not essential for flight operations are considered nonparticipants, and the PIC must operate the sUA 

with appropriate distance from nonparticipants in accordance with 14 CFR § 91.119.

12) KGCI’s sUAS operations may not be conducted during night, as defined in 14 CFR § 1.1. Flight operations must be conducted 

under visual meteorological conditions (VMC). Flights under special visual flight rules (SVFR) are not authorized.

13) The sUAS may 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 of the airport symbol as denoted on the current 

FAA-published aeronautical chart, unless a letter of agreement with that airport’s management is obtained or otherwise permitted by a COA issued to the exemption holder. The letter of agreement with the airport management must be made available to 

the Administrator or any law enforcement official upon request.

14) The sUAS may 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. KGCI’s Phantom 2+ has a range of 400 vertical feet and 0.5 miles horizontally from the 

PIC ground station point. In order to keep proper line of sight, KGCI anticipates operating the sUAS 2,000 horizontal feet or 

less from the from the PIC and VO.

15) During flight, if the sUAS loses radio signal communication or GPS signal, the sUAS will return to the flight ground station 

where the PIC is situated. This operation will be predetermined before every flight and is also made possible by the critical safety feature already established by the Phantom 2+ that it allows it to return to the control ground station (PIC location) automatically if battery level is critical. 

16) PIC must abort the flight if an unpredicted obstacle or emergency arises.

17) The PIC is prohibited from beginning a flight unless (considering wind and forecast weather conditions) there is enough available power for the UA to conduct the intended operation and to operate after that for at least five minutes or with the reserve 

power recommended by the manufacturer if greater.

18) Air Traffic Organization (ATO) Certificate of Waiver or Authorization (COA). All operations shall be conducted in accordance 

with an ATO-issued COA. The exemption holder may apply for a new or amended COA if it intends to conduct operations that 

cannot be conducted under the terms of the COA.

19) All aircraft operated in accordance with this exemption must 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, 14 Subpart C. Markings must 

be as large as practicable.

20) Before conducting any flights, the radio frequency spectrum used for the operation and control of the sUAS will comply with 

FCC or other government oversight agency requirements

21) Documents required under 14 C.F.R. 91.9 and 91.203 will be available to the PIC at the ground control station. These documents will be made available to law enforcement or the administrator upon request. 

22) The sUAS will remain clear of all manned aviation operations and activities at all times.

23) The sUAS will only be operated from a stationary area and will not be operated from a moving vehicle or device.

24) The sUAS will not be operated over congested or densely populated areas. Operation will be conducted at least 500 feet from 

any persons, structures or vehicles that are considered non-participating unless: a. Barriers or structures are present that sufficiently protect nonparticipating persons from the UA and/or debris in the event of an accident. The operator must ensure that

nonparticipating persons remain under such protection. If a situation arises where nonparticipating persons leave such protection 

and are within 500 feet of the UA, flight operations must cease immediately in a manner ensuring the safety of nonparticipating 

persons; and b. The owner/controller of any vessels, vehicles or structures has granted permission for operating closer to those

objects and the PIC has made a safety assessment of the risk of operating closer to those objects and determined that it does not 

present an undue hazard. The PIC, VO, operator trainees or essential persons are not considered nonparticipating persons under 

this exemption.
25) All operations shall be conducted over private or controlled-access property with permission from the property owner/controller 

or authorized representative. Permission from property owner/controller or authorized representative will be obtained for each 

flight to be conducted.

26) Any incident, accident, or flight operation that transgresses the lateral or vertical boundaries of the operational area as defined by 

the applicable COA must 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.

IV. Public Interest & Benefit

Before the regulations requiring the sUAS registration, KGCI has flown a Phantom 2+ sUAS for many beneficial reasons. The use 

of the sUAS has allowed us to take video and images for a state transportation agency showing them project progression and places 

that are potentially vulnerable to falling rocks. In turn, this allowed us to mitigate certain rockfall dangers that could be hazardous to 

the public. 

Implementing the sUAS has also allowed us to take aerial photos of projects, showing initial and final layouts and giving information 

to the Owner that they could use in order to inform and show the public the progression and final product of construction that in 

many cases the public helped fund. The sUAS not only helps market our company throughout the very competitive construction 

industry in very interesting and beneficial ways but also keeps the public updated and informed on where there money is going on

certain projects KGCI constructs.

For questions or additional information please contact Kyle Kissner of Kissner G.C., Inc. at:

kkissner@kissnergen.com or (970) 216-8019

Sincerely,

Kyle Kissner

Vice President

Kissner G.C., Inc.

Enclosed: Phantom 2 Vision+ User Manual (V1.8 / 2015.01)