April 2, 2015

U.S. Department of Transportation

Docket Management System

1200 New Jersey Ave., SE

Washington, DC 20590

Re: Exemption Request Under Section 333 of the FAA Reform Act and

Part 11 of the Federal Aviation Regulations

Kentucky Transportation Cabinet

Department of Highways

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, the Kentucky Transportation Cabinet (“KYTC”) seeks an 

exemption from the Federal Aviation Regulations (“FARs”) listed below to allow 

operation of unmanned aircraft systems (UAS) for surveying, structure inspection and 

accident reconstruction.

The Kentucky Transportation Cabinet anticipates that the majority of the work can be 

accomplished within the “blanket” sub 200 foot COA recently granted to Section 333 

civil exemption holders and public UAS test sites. KYTC will apply for a new or 

amended COA for all flights not allowed under the blanket COA.

The Cabinet intends to utilize the proposed unmanned aircraft systems in the following 

applications:

Aerial Mapping and Surveying

UAS can provide photography along with horizontal and vertical data to be used on 

small design projects in non-populated areas over State property as well as private 

property with advanced notification and approval. 

Construction monitoring

An unmanned aircraft can provide detailed and cost effective data collection for 

roadway construction. Intermediate surveys flown during construction will allow 

inspectors to find and correct problems early. Accurate as-built surveys will help ensure 

Kentucky’s roads are built to specifications.

Emergency road repairs

The repair of roadways damaged by slides, sinkholes or other events can be expedited 

by using a rapidly deployable UAV to obtain detailed survey data. Risks to both drivers 

and KYTC workers are reduced when surveys can be completed more quickly allowing 

for shorter road closures. Risks to surveyors working near moving traffic are eliminated 

when a road can be closed for a short period of time while a UAS effectively gathers 

thousands of survey points.

Structure inspection
Risks to climbers are eliminated when visual inspection data can be obtained using a 

UAS. A UAS potentially reduces the amount of bridge climbing required.

Accident reconstruction

Critical highways could be re-opened to traffic sooner resulting in fewer secondary 

accidents and lower user congestion costs if an aerial survey were used to supplement 

accident reconstruction information gathered by ground personnel.

Utilizing a UAS provides a higher level of safety for the pilot and people and property on 

the ground. Unmanned aircraft weighing a few pounds can accomplish many of the 

same tasks as a full size aircraft that weighs thousands of pounds and carries 

combustible fuel. A UAS reduces emissions and congestion in the National Air Space 

(NAS).

Utilizing a UAS benefits the public by providing an efficient, safe and cost effective tool 

for acquiring high resolution aerial imagery. 

Due to the small size, light weight, slow flying speed and unmanned aspect of the 

proposed UAS the Kentucky Transportation Cabinet requests relief from the following 

sections in 14 C.F.R

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. §§ 61.113 (a) & (b)

14 C.F.R. §§ 61.133 (a)

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. 91.417 (a) & (b)

14 CFR Part 21, Subpart H: Airworthiness Certificates 14 C.F.R. §91.203(a)(1)

The characteristics of the proposed UAS operating in a controlled environment 

provide a greater degree of safety to the public, operators and property owners 

than conventional operations conducted with airworthiness certificates issued 

under this section.
KYTC will utilize checklists for preflight inspections as well as written procedures 

for routine maintenance to ensure that the UAS is in an airworthy condition prior 

to each flight. The FAA will have advance notice of all operations conducted 

under this exemption.

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

Relief this section is requested for the same reasons as in the exemption request 

from 14 CFR Part 21, Subpart H

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

A small UAS cannot meet the marking requirements for a full size aircraft. KYTC 

will provide markings on the aircraft with the contact information and registered 

identification “N-number”. Markings will be as large as practical and visible to the 

pilot, observer and others working with the UAS.

14 CFR 61.113 (a) & (b); 61.133(a): Private pilot privileges and limitations: Pilot 

in command; Commercial pilot privileges and limitations

Relief from these sections is requested to allow an operator with a sport pilot 

certificate or higher to conduct commercial operations. The skill set required to 

operate a UAS is significantly different from that of a manned aircraft. KYTC 

proposes that a higher level of safety and airmanship skills can be obtained with 

the requirement that the PIC successfully complete UAS flight training as detailed 

in the operator’s manual in addition to a current sport pilot certificate or higher 

and valid US drivers license.

14 C.F.R. 91.7 (a): Civil aircraft airworthiness

An equivalent level of safety will be provided using the proposed procedures, 

manuals and checklists. Without an airworthiness certificate for the aircraft, 

relief from this section is also requested.

14 CFR 91.9 (b)(2): Civil aircraft flight manual, marking, and placard 

requirements

KYTC proposes that the operator’s manual for the UAS be kept at the control 

point where the pilot flying the UAS will have immediate access to it.

14 C.F.R. 91.103: Preflight Action
KYTC proposes that the preflight procedures documented in the operator’s 

manual substitute for the preflight actions in this section.

14 C.F.R. 91.109: Flight Instruction

A higher level of safety than conventional full scale flight instruction can be 

achieved with the proposed UAS operating in a closed flight training area. No 

pilot or passengers will be carried in the aircraft. Dual flight controls would not 

provide additional safety for the operators.

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

Due to the nature of the proposed work, KYTC’s UAS operations require the 

aircraft to be positioned less than 500 feet away from the operators on the 

ground and from structures and operated at less than 500 feet AGL. Because of 

the light weight and slow speed of the UAS, an equivalent level of safety can be 

achieved when operations are performed in accordance with the proposed 

operating procedures.

14 C.F.R. 91.121: Altimeter Settings

The proposed UAS employs altitude control with barometric and GPS sensors. 

Altitude is automatically referenced to ground level when the flight controller is 

powered up. Connecting the battery with the UAS on the ground can provide an 

equivalent method of altitude calibration as conventional aircraft altimeters. The 

proposed UAS will operate under the “blanket” 200-foot COA and when necessary 

will obtain a separate COA specific to the airspace required for that operation. 

The separate COA specific flights will be flown at an altitude less than 400 feet. 

The combination of operating procedures, visual cues, automatic altimeter 

calibration, telemetry, altitude geofencing and hear-see-avoid capability will 

ensure separation between the UAS and manned aircraft.

14 CFR 91.151 (a): Fuel requirements for flight in VFR conditions

The proposed UAS have flight times of approximately 8-25 minutes and therefore 

cannot meet the 30 minute reserve requirement of this section. An equivalent 

level of safety can be achieved by operating the UAS in accordance with the 

operator’s manual. Voltage monitoring via telemetry as well as transmitter 

alarms will help ensure that adequate power will always be available for a 

controlled landing. Automatic battery failsafe settings provides and additional 

level of safety to help ensure that the UAS has adequate power to safely operate.
14 CFR 91.203 (a) & (b) Civil aircraft: Certifications required

Documents will be kept at the ground flight control point where the PIC and 

others can have immediate access to them.

14 CFR 91.405 (a); 407 (a)(1); 409 (a)(2); 417 (a) & (b): Maintenance inspections

An equivalent level of safety will be achieved by performing the maintenance 

inspections in the operator’s manual. Because the UAS will not have an 

airworthiness certificate, relief from this section is requested.
Summary of operating procedures

It is the view of the KY Transportation Cabinet that operating an unmanned aircraft 

system (UAS) in accordance with the restrictions and procedures below and in 

accordance with the instructions and recommendations in the operator’s manual will 

provide a public benefit and not pose a risk to the NAS or people and property on the 

ground.

The proposed UAS are small, lightweight, slow flying, aircraft conforming to the 

specifications in the attached operator’s manual. The aircraft weight is less than 5 lbs.

All flights will be flown from and over state owned or private property. Written 

authorization from private property owners will be obtained before any flight is 

conducted over that owner’s property. Flight areas include construction zones not open 

to the public, bridge structures closed to traffic and roads closed to public traffic due to 

accidents. Construction areas may be occupied by KYTC inspectors and contract 

construction workers. Accident scenes may be occupied by first responders and KYTC 

personnel.

All personnel on the ground will be briefed prior to any UAS flight. Ground personnel 

will be advised as to the hazards of working near the UAS and be advised to remain 

“heads up” when the UAS is flying nearby.

The UAS will be operated by a Pilot in Command (PIC) within visual line-of-sight 

(VLOS) and visual flight rules (VFR) conditions. The PIC will possess a sport pilot 

certificate or higher. The PIC will be responsible for the safe operation of the flight 

including autonomous modes. The PIC will use human vision unaided by any device 

other than corrective lenses, as specified on the PIC’s FAA issued airman medical 

certificate or U.S. driver’s license.

A visual Observer (VO) will be located next to the PIC to serve as a safety spotter for 

other aircraft and to assist with telemetry data. The VO will communicate solely by 

voice with the PIC. Only one VO will be used for the duration of the flight. Electronic 

messaging or texting will not be used during the flight.

The UAS will take off and land from an area directly next to the PIC and VO. The PIC 

and VO will not operate the UAS from a moving vehicle. The UAS will be operated 

within a 2500 foot radius of the PIC and VO.

The proposed UAS will operate under the “blanket” 200-foot COA at flight speeds less 

than 100 mph and when necessary will obtain a separate COA specific to the airspace 

required for that operation. The separate COA specific flights will be flown at an altitude

less than 400 feet AGL and at flight speeds less than 100 mph.
All flights will be conducted in class G airspace. If operation in other airspace is 

required KYTC will obtain all required authorizations from the FAA and controlling 

agencies.

All flights will be conducted during daylight hours.

The UA will 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.

The PIC will immediately yield the right of way to all manned aircraft. The vertical 

descent capability of the UAS combined with the ability of the PIC and Observer to both

hear and see full size aircraft approaching from all directions facilitates “hear, see and 

avoid” operations that are far more effective than can be achieved in a full size aircraft 

cockpit.

Flights will be performed using the procedures and recommendations in the attached 

operator’s manual.

The UAS mission will be terminated to allow for at least 5 minutes of battery power for 

return to the launch area and landing procedures.

KYTC will only use the UAS for official business purposes. KYTC will not use the UAS 

for surveillance or closed-set motion picture or television filming.

Staff resources

An experienced Pilot in Command adds a level of situational awareness and object 

avoidance capability that cannot be replaced with an automated system. One pilot 

available to our agency has 31 years of recreationally flying fixed wing, rotary wing, 

seaplane and multirotor model aircraft in addition to full scale private pilot certification 

with current medical certificate.

KYTC has a registered professional electrical engineer with 39 years experience 

building and flying fixed wing, rotary wing, seaplane, ducted fan and multirotor RC 

aircraft. This individual has 15 years building and flying aircraft using some of the first 

RC autopiloting systems and has 5 years experience using 3D Robotics equipment.

A training program will be developed to ensure that all UAS operators are qualified and 

competent to operate the system.

In summary KYTC has procedures, staff and resources to safely assemble, operate and 

maintain the proposed unmanned aircraft systems. The Cabinet looks forward to 

working with the FAA and is willing to share the policies, procedures and training 

materials developed for both in-house and contracted UAS operations. The Cabinet is 

committed to a safe and cautious approach to integrating this useful technology into 

highway planning, design, maintenance, and operations.
If additional information is needed or if you have any questions regarding this petition for 

exemption please contact the applicant at:

The name and address of the applicant are:

Kentucky Transportation Cabinet

Department of Highways

Attn: Dan Farrell

Ph: 502-782-4878

Email: dan.farrell@ky.gov

Address: 200 Mero Street

Frankfort, KY 40622