UNITED STATES OF AMERI CA DEPARTMENT OF TRANSPORTATION FEDERAL AVIATION ADMINISTRATION

WASHI NGTON, DC
Regulatory

Docket No.

_
**IN THE MATTER OF THE PETITION FOR EXEMPTION OF**  **:**

**KIMLEY -**  **HORN AND ASSOCIATES , INC.**  **FOR AN EXEMPTION SEEKING RELIEF FROM THE REQUIREMENTS OF** 

**TITLE 14 OF THE CODE OF FEDERAL REGULATION**  **SECTIONS 61.113(a) & (b), 91.7(a), 91.121, 91.151(b), 91.405(a), 91.407(a)(1), 91.409(a)(1)**  **& (a)(2), AND 91.417(a) & (b) CONCERNING COMMERCIAL OPERATION OF**  **THE**

**INFINITY 6**  **UNMANNED AIRCRAFT SYSTEM**  **PURSUANT TO SECTION 333 OF**  **THE FAA MODERNIZATION AND REFORM ACT OF 2012 (PUBLIC LAW 112**  **- 95)** 

Submitted on June 5th , 2015 Kimley
- Horn and Associates Inc. 3001 Weston Parkway Cary , NC 27513 Tel: (919)677
- 2000 Fax: (919)677
- 20502 **TABLE OF CONTENTS**  Page GLOSSARY OF ABBREVIATIONS
................................ ................................ ................. 3 SUMMARY
................................ ................................ ................................ ......................... 4 IN TRODUCTION AND INTERESTS OF PETITIONER
................................ .................. 4 BACKGROUND
................................ ................................ ................................ ................. 5 BASI S FOR PETITION
................................ ................................ ................................ ....... 5 NAME AND ADDRESS OF PETITIONER
................................ ................................ . 7 THE SPECIFI C SECTIONS OF 14 C.F.R. FROM WHI CH KIMLEY
- HORN AND ASSOCIATES SEEKS EXEMPTI ON
................................ ................................ .......... 7 THE EXTENT OF RELIEF KIMLEY
- HORN AND ASSOCIATES SEEKS AND THE REASON KIML EY
- HORN A ND ASSOCIATES SEEKS THE RELIEF
........ 11 THE REASONS WHY GRANTING KIMLEY
- HORN AND ASSOCIATES'S REQUEST WOULD BE IN THE PUBLIC INTEREST
................................ ............. 13 THE REASONS WHY GRANTING THE EXEMPTI ON WOULD NOT ADVERSELY AFFECT SAFETY
................................ ................................ .............. 17 SUMMARY THAT CAN BE PUBLISHED IN THE FEDERAL REGI STER
.......... 31 ANY ADDITIONAL INFORMATION, VIEWS, OR ARGUMENTS AVAILABLE TO SUPPORT KIML EY
- HORN AND ASSOCIATES'S REQUEST
........................ 31 CONCLUSI ON
................................ ................................ ................................ ................. 323 **GLOSSARY OF ABBREVIATIONS**  AGL Above Ground Level AOI Area of Interest ATC Air Traffic Control ATO Air Traffic Organization AV Aerial Vehicle C.F.R. Code of Federal Regulations COA Certificate of Authorization FAA Federal Aviation Administration FAR Federal Aviation Regulation GCS Ground Control Station GPS Global Positioning System LO L Lo ss of Li nk NAS National Airspace System NOTAM Notice to Airman PI C Pilot In Command Section 333 FAA Modernization and Reform Act of 2012 (FMRA) Section 333 SOP Standard Operating Procedures UA Unmanned Aircraft UAS Unmanned Aircraft System VFR Visual Flight Rules VLOS Visual Line of Site VMC Visual Meteorological Conditions VO Visual Observer VTOL Vertical Takeoff and Landing4 **SUMMARY** Kimley
- Horn and Associates , Inc. seeks exemption from the requirements of 14 C .F.R §§ 61.113(a) & (b), 91.7(a), 91.121, 91.151(b), 91.405(a), 91.407(a)(1), 91.409(a)(1) & (a)(2), and 91.417(a) & (b), to operate an Unmanned Aircraft S ys tem pursuant to Section 333 of the FAA Modernization and Reform Act of 2012 (FMRA). This exemption will permit Kimley
Horn and Associates , Inc. to operate an Unmanned Aircraft Sy stem (UAS) for the commercial purpose of capturing still imagery , video acquisition and digital 3D data capture (hereinafter referred to as “aerial data acquisition”)
.

**INTRODUCTION AND INTERESTS OF THE PETITIONER**  Kimley
- Horn is one of the fastest growing consulting engineering firms in the United States. With more than 2,400 employees in 70+ offices nationwide, Kimley
- Horn provide s transportation/traffic, water resource s, utility s ys tem, environmental, aviation, land planning, parking design, structural, landscape architecture, and urban design services for public and private infrastructure design and construction programs across the U.S. In 2014, Engineering News
- Record ranked Kimley
- Horn 33rd among the top 500 U.S. design firms. Kimley
- Horn's long record of technical achievements is enhanced b y a reputation for effective management and personal service. Kimley
- Horn’s clients benefit from the resources of a nationally

re cognized organization while receiving personal service and local expertise
. Most recentl y, Kimley
- Horn was ranked 31 st in ENRs top 500 companies to work for and 15 th of pure designers. Kimley
- Horn has recently acquired a Turbo Ace Infinity 6 unmanned aircraft sy stem (hereinafter “ Infinity”). Kimley
- Horn has historically used expensive means to acquire aerial information. With the advent of unmanned sy stems (drones) in recent years, Kimley Horn has become dependent on the capabilities of UAS technology . The use of UAS technology has5

allowed flight in way s never before capable with conventional fixed wing and rotary vehicles, providing different project perspective s and bridging the gap between traditional land
- based photography and traditional manned aerial photography
. As set forth in this Petition, Kimley
Horn seeks to commercially operate its Infinity over certain areas of the United States for the purpose of capturing aerial imagery , video acquisition and 3D data collection.6 **BACKGROUND** Unmanned Aircraft Sy stem: In finity (aka CineWing) Kimley
- Horn seeks an exemption to operate the Kimley
- Horn Infinity for compensation or hire within the NAS. The Infinity is comprised of a vertical takeoff and landing (VTOL) Unmanned Aircraft (UA). The Infinity 6 UA has a maximum gross take
off weight of approximately 16.5 pounds [Ty pical Operating Payload: Infinity
- 6 (7LB) + 5300mah 6S Batteries x Qty2 (3 LB ) + Canon 5D Mark iii w/ lens (2LB) + 1535LL ens (1.5LB) + AV200 Gimbal (2.5LB) + Gimbal Battery /Electronics (.5LB)] , while having a diameter of 51.75 inches, height of 20 inches, and maximum speed of 60 mph ( 52.14 knots) and a wind tolerance of 25 mph
. The Infinity 6 UA is equipped with six carbon fiber wood
core propellers, each of which is driven b y a triple bearing, dy namicall y balanced, brushless electric motor and 40amp Electronic Speed Control (ESC) unit
. The Infinity 6 is powered b y 6S (22.2V) 35C at 2x5 , 300mah or 1x16,000mah or 1x22,000mah. F light times range between 13 minutes and 25 minutes depending on payloads. The In finity that will be operated by Kimley
- Horn will be registered in accordance with 49 U.S.C. 44103, Registration of Aircraft , as well as 14 C.F.R Part 47, Aircraft Registration , and marked in accordance with 14 C.F.R. Part 45, Identification and Registration Marking
. **BASIS FOR P** **ETITION** Petitioner, Kimley
- Horn and Associates , Inc. , by and through undersigned counsel, pursuant to the provisions of the Federal Aviation Regulations (14 C.F.R. § 11.61) and the FAA Modernization and Reform Act of 2012, Section 333, Special Rules for Certain Unmanned Aircraft Systems , hereb y petitions the Administrator to operate the In finity in the7

National Airspace Sy stem (NAS), and for an exemption from the requirements of 14 C.F.R §§ 61.113(a) & (b), 91.7(a), 91.121, 91.151(b), 91.405(a), 91.407(a)(1), 91.409(a)(1) & (a)(2), and 91.417(a) & (b). In consideration of the size, weight, speed, and limited operating area associated with the unmanned airc raft and its operation, Kimley
- Horn ’s operation of the Infinity meets the conditions of Section 333 and therefore, will not require an airworthiness certificate in accordance with 14 C.F.R. Part 21, Subpart H. Accordingl y, Kimley
- Horn requests relief from Sections 91.405(a), 91.407(a)(1), 91.409(a)(1) & (a)(2), and 91.417(a) & (b), as these sections set forth requirements for maintenance that onl y apply to aircraft with an airworthiness certificate. Kimley
- Horn submits that the requested relief is proper since an equivalent level of safety will be ensured. Kimley
- Horn will use its authorized technicians to perform maintenance, alterations, or preventive maintenance on the UAS using the methods, techniques, and p ractices prescribed in the manufacturer’s maintenance manual
. Furthermore, Kimley
- Horn will document and maintain all maintenance records for the In finity
. Relief from certain requirements of Section 61.113(a) and (b), entitled Private pilot privileges and limitations: Pilot in command, is requested by Kimley
- Horn to the extent necessary to allow a Pilot in Command (PI C) who holds a UAV Pilot Certificate that shows 10 hours of simulator, 16 hours of ground school and 16 hours of flight training for a total of 42 hours of training , to conduct the proposed UAS flight operations. Kimley
- Horn submits that the conditions and limitations set forth herein will ensure the safety of the NAS, as well as the safety of persons or property on the ground. Kimley
- Horn seeks relief from Section 91.7(a), entitled Civil aircraft airworthiness,8

because the Infinity does not require an airworthiness certificate in accordance with 14 C.F.R. Part 21, Subpart H. As such, Kimley
- Horn submits that it will ensure that the Infinity is in an airworthy condition, prior to every flight, by determining that the UAS is in compliance with the In finity 6 Flight Manual, and that the aircraft is in a condition for safe flight. Kimley
- Horn also seeks an exemption from the requirements of Sec tion 91.121, entitled Altimeter Settings , as the In finity 6 UA will not have a ty pical barometric altimeter onboard. However, altitude , az i muth, pitch, yaw, heading and speed information of the Infinity 6 UA will be provided to the PI C via the on - board On
Screen Display

( OSD) module and Naza
- M V2 Global Positioning Sy stem (GPS) which transmits real
- time flight information via a SpiroNet 5.8GHz Transmitter directl y to the PI C ’ s First Person View ( FPV ) video monitor mounted to the Ground Control Sy stem ( GC S ) ( Futaba 14SG 2.4GHz Computer Radio System) for active monitoring of flight operations
. This altitude information, combined with Kimley
- Horn ’s operation of the In finity 6 UA within visual line of sight, at or below 5 00 feet AGL, will ensure a level of sa fety

equivalent to Section 91.121. Additionally , Kimley
- Horn seeks an exemption from the requirements of Section 91.151(b), entitled Fuel requirements for flight in VFR conditions
. Kimley
- Horn submits that safety will not be affected by terminating flights of the battery powered Infinity 6 UA after 20 minutes of continuous flight, which would allow for five minutes of battery power remaining. In accordance with 14 C.F.R. § 11.81, Kimley Horn provides the following informati on in support of its petition for exemption:9

**A. Name And Address Of The**  **Petitioner.** The name and address of the Petitioner is: Kimley
- Horn and Associates , Inc. 3001 Weston Parkway Cary , NC 27513 The point of contact for this Petition and specific contact information is as follows: Bobb y Valentine Kimley Horn and Associates , Inc. 4582 South Ulster Street, Suite 1500 Denver, Colorado 80237 Tel: ( 720 ) 636
- 8304 | Cell : ( 303 ) 669
- 4165 Email: bobby .valentine@kimley
- horn.com **B. The Specific Sections Of 14 C.F.R. From Which**  **Kimley -**  **Horn Seeks**  **Exemption. 1.**  **Kimley -**  **Horn Seeks Exemption From The Requirements Of Section**  **61.113(a) And (b).**  Section 61.113, entitled Private pilot privileges and limitations: Pilot in command, subsections (a) and (b) prescribe the following, in relevant part: (a) No person who holds a private pilot certificate may act as a pilot in command (PI C) of an aircraft that is carrying passengers or property for compensation or hire; nor m ay that person, for compensation or hire, act as PI C of an aircraft. (b) A private pilot may , for compensation or hire, act as PI C of an aircraft in connection with any business or employment if

— (1) The flight is onl y incidental to that business or employment; and (2) The aircraft does not carry passengers or property

for compensation or hire. **2. Kimley**  **- Horn**  **Seeks Exemption From The Requirements Of Section 91.7(a).**  Section 91.7, entitled Civil aircraft airworthiness , subsection (a), states the following: (a) No person may

operate a civil aircraft unless it is in an airworthy condition. **3. Kimley**  **- Horn**  **Seeks Exemption From The Requirements Of Section**10 **91.121.** Section 91.121, entitled Altimeter settings , subsection (a), states the following, in part: (a) Each person oper ating an aircraft shall maintain the cruising altitude or flight level of that aircraft, as the case may be, b y reference to an altimeter that is set, when operating
-- (1) Below 18,000 feet MSL, to -- (i) The current reported altimeter setting of a station along the route and within 100 nautical miles of the aircraft; (ii) If there is no station within the area prescribed in paragraph (a)(1)(i) of this section, the current reported altimeter setting of an appropriate available station; or (iii) In the case of an aircraft n ot equipped with a radio, the elevation of the departure airport or an appropriate altimeter setting available before departure; **4. Kimley**  **- Horn**  **Seeks Exemption From The Requirements Of Section 91.151(b).**  Section 91.151, entitled Fuel requirements for flight in VFR conditions , subsection (b), states the following: (b) No person may

begin a flight in a rotorcraft under VFR conditions unless (considering wind and forecast weather conditions) there is enough fuel to fly to the first point of intended landing and, as suming normal cruising speed, to fl y after that for at least 15 minutes. **5. Kimley**  **- Horn**  **Seeks Exemption From The Requirement Of Section 91.405(a).**  Section 91.405, entitled Maintenance required, subsection (a), states the following: Each owner or operator of an aircraft

— (a) Shall have that 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[.]11 **6. Kimley**  **- Horn**  **Seeks Exemption From The Requirements Of Section 91.407(a)(1).**  Section 91.407, entitled Operation after maintenance, preventive maintenance, rebuilding, or alteration , subsection (a)(1), states the following: (a) No person may

operate any aircraft that has undergone maintenance, preventive maintenance, rebuilding, or alteration unless
-- (1) It has been approved for return to service b y a person authorized under § 43.7 of this chapter[.] **7. Kimley**  **- Horn**  **Seeks Exemption From The Requirements Of Sections 91.409(a)(1) And**  **91.409(a)(2).** Section 91.409, entitled Inspections , subsection (a), states the following: (a) Except as provided in paragraph (c) of this section, no person may operate an aircraft unless, w ithin the preceding 12 calendar months, it has had
-- (1) An annual inspection in accordance with part 43 of this chapter and has been approved for return to service b y a person authorized by § 43.7 of this chapter; or (2) An inspection for the issuance of an airworthiness certificate in accordance with part 21 of this chapter. **8. Kimley**  **- Horn**  **Seeks Exemption From The Requirements Of Sections 91.417(a) And 91.417(b).**  Section 91.417, entitled Maintenance records , subsections (a) and (b), state the following: Except for work performed in accordance with §§ 91.411 and 91.413, each registered owner or operator shall keep the following records for the periods specified in paragraph (b) of this section: (1) Records of the maintenance, preventive maintenance, and alteration and records of the 100
- hour, annual, progressive, and other required or approved inspections, as appropriate, for each aircraft (including the airframe) and each engine, propeller, rotor, and appliance of an aircraft. The records must include
-- (i) A des cription (or reference to data acceptable to the Administrator) of the work performed; and (ii) The date of completion of the work performed; and12 (iii) The signature, and certificate number of the person approving the aircraft for return to service. (2) Records containing the following information: (i) The total time in service of the airframe, each engine, each propeller, and each rotor. (ii) The current status of life
- limited parts of each airframe, engine, propeller, rotor, and appliance. (iii) The time since last overhaul of all items installed on the aircraft which are required to be overhauled on a specified time basis. (iv) The current inspection status of the aircraft, including the time since the last inspection required b y the inspection program under which the aircraft and its appliances are maintained. (v) The current status of applicable airworthiness directives (AD) and safety directives including, for each, the method of compliance, the AD or safety directive number and revision date. If the AD or safety directive involves recurring action, the time and date when the next action is required. (vi) Copies of the forms prescribed b y § 43.9(d) of this chapter for each major alteration to the airframe and currently installed engines, rotors, propellers, and appliances. (b) The owner or operator shall retain the following records for the periods prescribed: (1) The records specified in paragraph (a)(1) of this section shall be retained until the work is repeated or superseded b y other work or for 1 ye ar after the work is performed. (2) The records specified in paragraph (a)(2) of this section shall be retained and transferred with the aircraft at the time the aircraft is sold. (3) A list of defects furnished to a registered owner or operator under § 43.11 of this chapter shall be retained until the defects are repaired and the aircraft is approved for return to service.13

**C. The Extent Of Relief**  **Kimley -**  **Horn Seeks And The Reason**  **Kimley -**  **Horn Seeks The**  **Relief. 1.**  **Extent of Relief Kimley**  **- Horn**  **Seeks And The Reason Kimley**  **- Horn**  **Seeks Relief**  **From Section 61.113(a) And (b).**  Relief from Section 61.113(a) and (b) entitled Private pilot privileges and limitations: Pilot in command, is requested to the extent necessary to allow a PIC who holds a UAV Pilot Certificate that shows 10 hours of simulator, 16 hours of ground school and 16 hours of flight training for a total of 42 hours of training , to conduct the proposed UAS flight operations for compensation. This relief is requested since the limitations set forth in Section 61.113(a) and (b) state that a private pilot may , for compensation or hire, act as PIC of an aircraft in connection with any business or employ

ment if
- (1) The flight is onl y incidental to that business or employ ment; and (2) The aircraft does not carry passengers or property for compensation or hire. As set forth more full y below, Kimley
- Horn submits that an equivalent level of safety will be maintained because no PI C will be allowed to operate the Infinity unless that PI C has demonstrated, through the UAS training and curren cy requirements, that the PI C is able to safel y operate the Infinity in a manner consistent with the operations specifications as described in this exemption, including evasive and emergency maneuvers, as well as maintaining appropriate distances from peop le, vessels, vehicles and structures. Further, Kimley
- Horn submits that all flights of the Infinity , conducted by the PI C pursuant to the grant of this Petition
- (1) will be incidental to Kimley
- Horn ’s business; and (2) will not carry

passengers or property

for compensation or hire.14

**2. Extent of Relief**  **Kimley -**  **Horn Seeks And The Reason**  **Kimley -**  **Horn Seeks**  **Relief From Section 91.7(a).**  Relief from Section 91.7(a) entitled Civil aircraft airworthiness , is requested to the extent required to allow Kimley
- Horn to determine that the Infinity is in an airworthy condition prior to every flight by ensuring that the UAS is in compliance with the In finity 6 Flight Manual, and that the aircraft is in a condition for safe flight. Kimley
- Horn seeks the requested relief because the Infinity does not require an airworthiness certificate in accordance with 14 C.F.R. Part 21, Subpart H. Therefore, Kimley
Horn will ensure that the In finity is in an airworthy condition based upon its compliance with the operating documents (i.e., the Infinity 6 Flight Manual) prior to every flight, and as stated in the conditions and limitations below. **3. Extent of Relief**  **Kimley -**  **Horn Seeks And The Reason**  **Kimley -**  **Horn Seeks**  **Relief From Section 91.121.**  Relief from Section 91.121 entitled Altimeter settings , may be required to allow flight operations of the In finity , which utilizes GPS equipment and a radio communications telemetry data link to downlink altitude information to the PIC from the UA to the G CS. As more fully set forth below, safety will be maintained as a result of the In finity 6 UA ’s altitude readout via GPS equipment, and Kimley
- Horn ’s operation of the In finity 6 UA within visual line of sight, at or below 5 00 feet AGL. **4. Extent Of Relief**  **Kimley -**  **Horn Seeks And The Reason**  **Kimley -**  **Horn Seeks**  **Relief From Section 91.151(b).**  Relief from Section 91.151(b) entitled Fuel requirements for flight in VFR conditions , is requested to the extent required to allow flights of the battery powered In finity 6 UA during daylight hours in visual meteorological conditions (VMC), under visual flight rules (VFR) conditions, to continue for a total duration of 20 minutes, which will ensure that the UA will land15

with five minutes of battery power remain ing. Kimley
- Horn seeks the requested relief because without an exemption from Section 91.151(b), the flight time duration of the battery powered In finity 6 UA will severely constrain the practicality of any aerial acquisition and flight operations that Kimley
- Horn proposes to conduct pursuant to this Petition. Significantl y, as set forth below, the technical specifications of the In finity , the In finity 6 Flight Manual, and Kimley
- Horn ’s proposed operating limitations , ensure that Kimley
- Horn will safel y operate the battery powered In finity 6 UA during daylight hours in VFR conditions, for a total flight duration of 20 minutes, landing with five minutes of battery power remaining. **5. Extent Of Relief**  **Kimley -**  **Horn Seeks And The Reason**  **Kimley -**  **Horn Seeks**  **Relief F rom Sections 91.405(a), 91.407(a)(1), 91.409(a)(1) & (a)(2),**  **And 91.417(a) & (b).**  Since Sections 91.405(a), 91.407(a)(1), 91.409(a)(1) & (a)(2), and 91.417(a) & (b) only apply to aircraft with an airworthiness certificate, Kimley
- Horn requests relief from these Sections because the Infinity does not require an airworthiness certificate. As set forth more full y below, the Infinity meets the conditions of Section 333 of the FMRA for operation without an airworthiness certificate. Accordingl y, Kimley
- Horn will use authorized technicians to perform maintenance, alterations, or preventive maintenance on the UAS using the methods, techniques, and practices prescribed in the manufacturer’s maintenance manual
. Furthermore, Kimley
- Horn will document and maintain all maintenance records for the Infinity . **D. The Reasons Why Granting**  **Kimley -**  **Horn ’s Re**  **quest Would Be In The Public Interest; That Is, How It Would Benefit The Public As A**  **Whole.** Granting the present Petition will further the public interest by allowing Kimley
- Horn to safel y, efficientl y, and economically perform aerial data acquisition commercially , in support of DoD, federal, state, local g overnment and private entities in relation, but not limited to engineering , environmental , energy , technology , planning, transportation, and land development16

services . Additionall y, use of the In finity will decrease congestion of the NAS, reduce pollution, and provide significant benefits to the econom y. Notably, the benefits of Kimley
- Horn ’s proposed operation of the Infinity will be realized without implicating any privacy issues. **1. The Public Will Benefit From Aerial**  **Data Acquisition**  **.** Kimley
- Horn submits this Petition to commercially operate the Infinity and perform aerial data acquisition throughout the United States, in support of DoD, federal, state, local government and private entities in relation, but not limited to engineering, environmental, energy , technology , planning, transportation, and land development services . The Infinity will provide safe, efficient, and economical aerial data acquisition to capture project specific imagery for project efforts and for use in pursuits. The specific operations that Kimley
- Horn will perform with the Infinity demonstrate how the requested exemption will directly benefit the above
- referenced industries and the public. In transportation , the aerial data acquisition performed by the In finity will be used t o acquire still images, video and LiDAR data. These simulations will be used for public outreach and comment and will give the public a realistic simulation of a project ’ s ultimate build out. **2. The Public Will Benefit From Decreased Congestion Of The**  **NAS.** The Infinity 6 UA is battery powered and serves as a safe, efficient, and economical alternative to the manned aircraft traditionally utilized to obtain aerial imagery . By reducing the amount of manned aircraft needed to perform aerial acquisitions, an exemption allowing the use of the Infinity would reduce the amount of manned aircraft in the NAS, reduce noise and air pollution, as well as increase the safety of life and property in the air and on the ground. Furthermore, b y reducing the number of manned aircraft operating in the NAS, congestion around airports caused b y arriving and departing aircraft will be reduced. The In finity 6 UA does not require an airport to takeoff or land. Likewise, a reduction of manned17

aircraft conducting aerial survey missions would result in fewer aircraft that must be handled by air traffic control during the ground, takeoff, departure, arrival, and landing phases of flight operations. **3. The Public Will Benefit From The Safety And Efficiency Of The**  **Infinity .**  Conducting aerial acquisitions with the In finity , instead of manned aircraft, will greatly benefit the public b y drastically reducing the levels of air and noise pollution generated during traditional aerial survey

flight operations. By

using battery

power and electric motors, the In finity produces no air pollution, and is the most viable environmentall y conscious alternative to the cabin class, six cylinder internal combustion twin engine aircraft that are typicall y utilized for aerial acquisitions, while burning approximately 20
- 30 gallons per hour of leaded aviation fuel. The In finity 6 UA, while reducing the carbon footprint of aerial acquisitions, also eliminates noise pollution, as the UA is propelled by battery powered electric motors, rather than
an internal combustion engine. By using the Infinity to perform aerial data capture , the substantial risk to life and property in the air and on the ground, which is usually associated with traditional manned aircraft flight operations, will be substantially reduced or completely eliminated. Aside from the lack of flight crew members located onboard the aircraft, the Infinity 6 UA (maximum gross take
- off weight of approximately

16.5 pounds, a diameter of 51.75 inches and height of 20 inches) has less phy sical potential for collateral damage to life and property on the ground, and in the air, compared to the manned aircraft that ty picall y conduct aerial acquisitions (weighing approximately

6,500 pounds with a wingspan of approximately 40 feet, a length of 34 fee t, and a fuel capacity of 180 gallons). **4. Performing Aerial**  **Data Acquisition Operations With The**  **Infinity Will Benefit The**  **Economy.**18

In addition to being safe and efficient, the Infinity is also an economical alternative to using manned aircraft to conduct aerial acquisitions. As such, operation of the In finity will allow United States based companies, like Kimley
- Horn , to remain competitive and contribute to growth of the U.S. economy . Specifically , with the rising cost of aviation fuel and the Environmental Protection Agency (“ EPA ”) regulatory

actions phasing out leaded aviation fuels, U.S. owned and operated companies must adopt new and alternative technology in order to remain competitive. Operating the battery powered Infinity is one such technology that not only allows companies greater operational flexibility compared to manned aircraft, but provides such flexibility

without the high operational cost of a traditional manned aircraft. By operating the Infinity , companies such as Kimley
- Horn can remain competitive and profitable, and therefore, provide greater job stability to employees and contractors, which will ultimately

contribute to growth of the U.S. economy . Improved financial performance of U.S. companies, through commercial use of the Infinity , p rovides a stable workforce that increases consumer spending; improves local, state, and federal tax revenues; and allows companies to invest in research and development in order to remain competitive both in the United States and abroad. **5. There Are No Priva**  **cy Issues.**  Similar to the manned aerial acquisition flight operations that have been conducted for decades, Kimley
- Horn ’s proposed operation of the Infinity will not implicate any privacy issues. Specificall y, the Infinity will be operated in accordance with all Federal Aviation Regulations, including the minimum altitude requirements of 14 C.F.R. § 91.119. Most significantl y, the In finity 6 UA will not be operated closer than 500 feet to any person, vessel, vehicle, or structure, which is not directly

involved in the operation.19

**E. The Reasons Why Granting The Exemption Would Not Adversely Affect Safety,**  **Or How The Exemption Would Provide A Level Of Safety At Least Equal To**  **That Provided By The Rule From Which**  **Kimley -**  **Horn Seeks**  **Exemption. 1.**  **Reasons Why The Infinity**  **Meets The Conditions Of The FAA**  **Modernization and Reform Act of 2012 (FMRA) Section 333.**  In consideration of the size, weight, speed, and limited operating area associated with the unmanned aircraft and its operation, Kimley
- Horn ’s operation of the Infinity meets the conditions of FMRA Section 333, and will not require an airworthiness certificate in accordance with 14 C.F.R. Part 21, Subpart H. Section 333 provides authority for a UAS to operate without airworthiness certification and sets forth requirements for considering whether a UAS will create a hazard to users of the NAS or the public, or otherwise pose a threat to national security . Specifically , FMRA Section 333 states the following, in part: (a) In General.

--Notwithstanding any other requirement of this subtitle, and not later than 180 days after the date of enactment of this Act, the Secretary of Transportation shall determine if certain unmanned aircraft systems may operate safely in the national airspace system before completion of the plan and rulemaking required by section 332 of this Act or the guidance required by section 334 of this Act. (b) Assessment of Unmanned Aircraft Systems.

--In making the determination under subsection (a), the Secretary shall determine, at a minimum
-- (1) ) wh ich types of unmanned aircraft systems, if any, as a result of their size, weight, speed, operational capability, proximity to airports and populated areas, and operation within visual line of sight do not create a hazard to users of the national airspace system or the public or pose a threat to national security; and (2) ) whether a certificate of waiver, certificate of authorization, or airworthiness certification under section 44704 of title 49, United States Code, is required for the operation of unmanned aircraft systems identified under paragraph (1). (c) Requirements for Safe Operation.

--If the Secretary determines under this section that certain unmanned aircraft systems may operate safely in the national airspace system, the Secretary shall establish requirements for the safe operation of such aircraft systems in the national airspace system. In seeking this exemption, Kimley
- Horn submits that the In finity can operate safely in the20

NAS pursuant to FMRA Section 333, as demonstrated b y: (a) the characteristics of the In finity ; (b) the pilot certification requirement; and (c) the specific operating limitations.

**a. The Specifications Of The**  **Infinity Demonstrate Its**  **Safe Characteristics.**  The Infinity does not create a hazard to users of the NAS or the public, or otherwise pose a threat to national security considering its size, weight, speed, and operational capability
.

**i. Technical Specifications Of The**  **Infinity .**  The technical specifications of the Infinity are set forth in the “ CineWing
- 6 Manual
- 28 , ” attached hereto as Exhibit A. Exhibit A contains proprietary information and is to be held in a separate file pursuant to 14 C.F.R. § 11.35(b) 1

.

1 Exhibits to this Petition contain proprietary information, and in accordance with 14 C.F.R. § 11.35(b), are not to be included in the Federal Docket Management Sy stem (FDMS).21 **ii. The**  **Infinity Autonomous Flight And**  **Navigation Modes Enable The UAS To Remain Within A**  **Defined Operational**  **Area.** A complete description of the autonomous modes and methods of navigation of the In finity is provided in the “ CineWing
- 6 Manual
- 28 ,” attached hereto as Exhibit A. Exhibit A contains proprietary

information and is to be held in a separate file pursuant to 14 C.F.R. § 11.35(b). **iii. The**  **Infinity Is Designed For Automatic Ret**  **urn To**  **Launch In The Event Of Loss Of The Control Link Or**  **Navigation.** A complete description of the Infinity ’ s automatic return to launch function in the event of a break in communication or loss of telemetry data is set forth in the “ CineWing
- 6 Manual
28 ,” attached hereto as Exhibit A. Exhibit A contains proprietary information and is to be held in a separate file pursuant to 14 C.F.R. § 11.35(b).

**b. Flight Operations Of The**  **Infinity Are Limited To**  **The Line Of Sight Of A Certificated Pilot in Command**  **With A**  **Safety Observer.**  Kimley
- Horn will only

utilize certificated pilots to act as a pilot in command (PI C) of the In finity . Additionall y, a safety observer will assist all pilots. The PI C must complete UAV Pilot Certification that shows 10 hours of simulator, 16 hours of ground school and 16 hours of flight training for a total of 42 hours of training. Flights Of The In finity Will Be Conducted Pursuant To Specific Operating Li mitations.22

In seeking this exemption, Kimley
- Horn proposes to commerciall y operate the In finity for the special purpose of conducting aerial data capture over areas of the United States, pursuant to the following specific operating limitations: 1) Operations authorized b y this grant of exemption are limited to the following aircraft described in the operator’s manual which is a hex rotor aircraft weighing less than 3 0 pounds: In finity 6 Unmanned Aircraft S ys tem. Proposed operations of any other aircraft will require a new petition or a petition to amend this grant. 2) The UA may

not be flown at an indicated airspeed exceeding 52.14 knots. 3) The UA must be operated at an altitude of no more than 5 00 feet above ground level (AGL), as indicated by

th e procedures specified in the operator’s manual. All altitudes reported to ATC must be in feet AGL. 4) The UA must be operated within visual line of sight (VLOS) of the PIC at all times. This requires the PI C to be able to use human vision unaided by any device other than corrective lenses. 5) All operations must utilize a visual observer (VO). The VO may be used to satisfy the VLOS requirement, as long as the PIC alway s maintains VL OS capability . The VO and PI C must be able to communicate verbally at all times. The PI C must be designated before the flight and cannot trans fer his or her designation for the duration of the flight. 6) The operator’s manual and this grant of exemption must be maintained and made available to the Administrator upon request. If a discrepancy exists between the conditions and limitations in this exemption and the procedures outlined in the operator’s manual, the conditions and limitations herein take precedence and must be followed. Otherwise, the operator must follow the procedures as outlined in its operator’s manual. The operator may

update or revise its operator’s manual. It is the operator’s responsibility to track such revisions and present updated and revised documents to the Administrator upon request. The operator must also present updated and revised documents if it petitions for extensio n or amendment. If the operator determines that any update or revision would affect the basis upon which the FAA granted this exemption, then the operator must petition for amendment to their exemption. The FAA’s UAS Integration Office (AFS
- 80) may

be contacted if questions arise regarding updates or revisions to the operator’s manual. 7) Prior to each flight the PIC must inspect the UAS to ensure it is in a condition for safe flight. If the inspection reveals a condition that affects the safe operation of the UAS, the aircraft is prohibited from operating until the necessary maintenance has been performed23

and the UAS is found to be in a condition for safe flight. The Ground Control Station must be included in the preflight inspection. All m aintenance and alterations must be properl y documented in the aircraft records. 8) Any UAS that has undergone maintenance or alterations that affect the UAS operation or flight characteristics (e.g. replacement of a flight critical component), must undergo a functional test flight in accordance with the operator’s manual. The PIC who conducts the functional test flight must make an entry in the UAS aircraft records of the flight. The requirements and procedures for a functional test flight and aircraft record entry must be added to the operator’s manual. 9) The preflight inspection must account for all discrepancies, i.e. inoperable components, items, or equipment, not covered in the relevant preflight inspection sections of the operator’s manual. 10) The operator must follow the manufacturer’s UAS aircraft/component, maintenance, overhaul, replacement, inspection, and life limit requirements, with particular attention to flight critical components that may not be addressed in the manufacturer’s manuals. 11) Kimley
- Horn must carry out their maintenance, inspections, and record keeping requirements in accordance with the operator’s manual. Maintenance, inspection, and alterations must be noted in the aircraft logbook, including total flight hours, description o f work accomplished, and the signature of the authorized UAS technician or PI C returning the UAS to service. 12) Kimley
- Horn UAS technicians must receive and document training referenced in the operator’s manual. 13) Each UAS operated under this exemption must comply with all manufacturer Sy stem and Safety Bulletins. 14) Kimley
- Horn maintenance personnel must make a record entry in the UAS logbook or equivalent document of the corrective action taken against discrepancies discovered between inspections. 15) The PI C must possess at least a UAV Pilot Certificate that shows 10 hours of simulator, 16 hours of ground school and 16 hours of flight training for a total of 42 hours of training. 16) The operator may

not permit any

PI C to operate unless that PI C has demon strated, through the training and currency requirements set forth in the operator’s manual, that the PI C is able to safely

operate the UAS in a manner consistent with how the UAS will be operated under this exemption, including evasive and emergency maneuv ers and maintaining appropriate distances from people, vessels, vehicles and structures.24

17) UAS operations may

not be conducted during night, as defined in 14 C.F.R. § 1.1. All operations must be conducted under visual meteorological conditions (VMC). Flights under special visual flight rules (SVFR) are not authorized. 18) The UA may

not operate within 3 nautical miles of the airport reference point as denoted on a current FAA
- published aeronautical chart. 19) The UA 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 PI C. 20) If the UAS loses communications or loses its GPS signal, the UA must return to a pre - determined location within the private or controlled
- access property and land, or be recovered in accordance with the operator’s manual. 21) The PI C must abort the flight in the event of unpredicted obstacles or emergencies in accordance with the operator’s manual. 22) The PI C is prohibited from beginning a UAS flight unless (considering wind and forecast weather conditions and assuming normal cruising speed) there is enough power to fly to the first point of intended landing prior to utilizing battery reserve power. 23) The operator must obtain an Air Traffic Organization (ATO) issued Certificate of Waiver or Authorization (COA) prior to conducting any operations under this grant of exemption. This COA will also require the operator to request issuance of a Notice to Airman (NOTAM) not more than 72 hours in adv ance, but not less than 48 hours prior to the operation. 24) All aircraft operated in accordance with this exemption must be identified by serial number, registered in accordance with 14 C.F.R. Part 47, and have identification (N
Number) markings in accordan ce with 14 C.F.R. Part 45, Subpart C. Markings must be as large as practicable. 25) Before conducting operations, the radio frequency spectrum used for operation and control of the UA must comply with the Federal Communications Commission (FCC) or other appropriate government oversight agency requirements. 26) The documents required under 14 C.F.R. 91.9 and 91.203 must be available to the PI C at the Ground Control Station of the UAS any time the aircraft is operating. These documents must be made available t o the Administrator or any law enforcement official upon request. 27) The UA must remain clear and yi eld the right of way to all other manned aviation operations and activities at all times. 28) The UAS may

not be operated b y the PIC from any moving device or vehicle.25

29) The UA may

not be operated over congested or densely populated areas. These areas include but are not limited to the yellow areas depicted on World Aeronautical Charts (WAC), Sectional Aeronautical Charts (Sectionals), or Terminal Area Charts (TAC). However, aeronautical charts may not reflect pertinent local information. Ultimately , it is the PI C’s responsibility to maintain the minimum safe altitudes required by § 91.119. 30) Flight operations must be conducted at least 500 feet from all nonparticipating persons (persons other than the PI C or VO), vessels, vehicles, and structures unless: a. Barriers or structures are present that sufficiently protect nonparticipating persons from debris in the event of an accident. The operator must ens ure 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 immediatel y and/or; b. the aircraft is operated near vessels, vehicles or structures where the land owner/controller has granted permission and the PI C has made a safety assessment of the risk of operating closer to those objects and; c. operations near the PI C or VO do not present an undue hazard to the PI C or VO, per § 91.119(a). 31) All operations shall be conducted over private or controlled
- access property with permission from the land owner/controller or authorized representative. Permission from land owner/controller or authorized representative will be obtained prior to the beginning of every flight. 32) Any incident, accident, or flight operation that transgresses the lateral or vertical boundaries of the operational area as defined b y 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. **2. Reasons Why An Exemption From The Requirements**  **Of Section 61.113(a)**  **And (b) Would Not Adversely Affect Safety.**  Kimley
- Horn submits that the equivalent level of safety established b y Section 61.113(a) and (b) will be maintained because no PIC will be allowed to operate the In finity unless that PI C has demonstrated, through the In finity training and currency requirements, that the PI C is able to safel y operate the Infinity in a manner consistent with this exemption, including evasive and emergency

maneuvers and maintaining appropriate distan ces from people, vessels, vehicles and structures.26

Considering Kimley
- Horn ’s prop osed area of operations, and the operating limitations set forth
- above; the parallel nature of private pilot aeronautical knowledge requirements to those of comm ercial pilot requirements (See Exemption No. 11062); and the airmanship skills necessary to safel y operate the Infinity , Kimley
- Horn submits that the additional manned airmanship experience of a commercially certificated pilot would not correlate to the airmanship skills necessary for Kimley
- Horn ’s specific proposed flight operations. Additionally , the FAA has previously granted relief from Section 61.113(a) and (b) specific to UAS, in circumstances similar, in all material respects, to those presented herein (e.g.Exemption Nos. 11062, 11063, 11064, 11065, 11066, 11067, 11080, 11109, 11110, 11112, 11136, 11138). **3. Reasons Why An Exemption From The Requirements Of Section**  **91.7(a) Would Not Adversely Affect**  **Safety.** The equivalent level of safety established by Section 91.7(a) will be maintained because prior to every

flight, Kimley
- Horn will ensure that the In finity is in an airworthy condition based upon the Infinity s compliance with its operating documents (i.e., the Infinity (CineWing
- 6) Flight Manual), an d as stated in the conditions and limitations herein. **4. Reasons Why An Exemption From The Requirements Of Section**  **91.121 Would Not Adversely Affect**  **Safety.** The equivalent level of safety established b y Section 91.121 will be maintained because the altitude information of the Infinity 6 UA will be provided to the PI C via GPS equipment and a radio communications telemetry data link, which downlinks from the UA to the GCS for active monitoring of the flight path. This altitude information, combined with Kimley
- Horn ’s operation of the Infinity 6 UA within visual line of sight, at or below 5 00 feet AGL, will ensure a level of safety equivalent to Section 91.121. The altitude information will be generated b y GPS equipment installed onboard the aircraft. Prior to each flight, a zero altitude initiation point will27

be established and confirmed for accuracy by the UAS PI C. The FAA has previously granted relief from Section 91.121 specific to UAS, in circumstances similar, in all material respects, to those presented herein (e.g. Exemption Nos. 11062, 11063, 11064, 11065, 11066, 11067, 11080, 11109, 11112, 11136, 11138). **5. Reasons Why An Exemption From The Requirements Of**  **Section 91.151(b) Would Not Adversely Affect**  **Safety.** A grant of this exemption wo uld ensure an equivalent level of safety established by 14 C.F.R. Section 91.151(b) as a result of (1) the technical specifications of the Infinity ; (2) the limitations on the proposed flight operations; and (3) the location of the proposed flight operations. Accordingly , Kimley
- Horn will ensure that it can safel y operate the battery powered In finity 6 UA during daylight hours, in VFR conditions, for a total flight duration of no more than 20 minutes, resulting in a landing with five minutes of battery power remaining. In a previous Petition for Exemption, in which an operator was utilizing a UA identical in all material respects to the In finity Kimley
- Horn proposes to use, the FAA granted an exemption from the requirements of Section 91.151, stating as follows: In the event that the UAS should run out of power, it would simply land within the access controlled operating area. Given its weight and construction material, the risks are less than contemplated b y the current regulation. Prior relie f has been granted for manned aircraft to operate at less than the minimums prescribed in § 91.151 (a), including Exemption Nos. 2689, 5745, and 10650. In addition, similar UAS
- specific relief has been granted an Exemption Nos. 8811, 10808, and 10673 for day time, Visual Flight Rules (VFR) condition s. The In finity 6 provides a battery failsafe that commands the UA’s return to the launch point when critical minimum voltage is reached. The UAS batteries provide approximately

35 minutes of powered flight. The FAA agrees with Clayco’s proposal to limit UAS flights to not more than 30 minutes, or enough battery reserve to ensure that the UAS lands at the ground station with at least 20% battery reserve power, whichever happens first. Given the limitations on its proposed operations and the location of those proposed operations, a reduced minimum power reserve for flight in daylight VFR conditions is reasonable. See Exemption No. 11109 at 15. Here, as in Exemption No. 11109, the technical specifications of the In finity ; the28

limitations on the proposed flight operations; and the location of the proposed operations, will ensure that Kimley
- Horn may safel y operate the battery powered In finity 6 UA during daylight hours in VFR conditions for a total duration of not more than 20 minutes, and landing with five minutes of battery

power remaining. Significantl y, previous exemptions granted b y the FAA concerning Section 91.151 establish that safety is not adversel y affec ted when the technical characteristics and operating limitations of the UAS are considered. Relief has been granted for manned aircraft to operate at less than the minimums prescribed in Section 91.151, including Exemption Nos. 2689, 5745, and 10650. More over, the FAA has previousl y granted relief from Section 91.151 specific to UAS, in circumstances similar, in all material respects, to those presented herein (e.g. Exemption Nos. 8811, 10808, 10673, 11042, 11062, 11063, 11064, 11065, 11066, 11067, 11080, 11109, 11110, 11136, 11138). **6. Reasons Why An Exemption From The Requirements Of**  **Sections 91.405(a), 91.407(a)(1), 91.409(a)(1) & (a)(2), And 91.417(a) & (b) Would**  **Not Adversely Affect**  **Safety.** In seeking this exemption, Kimley
- Horn submits that the equivalent level of safety with regard to the regulatory

maintenance and alteration requirements established by Sections 91.405(a), 91.407(a)(1), 91.409(a)(1) & (a)(2), and 91.417(a) & (b) will be met because Kimley
Horn will use its trai ned technicians to perform maintenance, alterations, or preventive maintenance on the unmanned aircraft sy stem using the methods, techniques, and practices prescribed in the manufacturer’s maintenance m anual. Furthermore, Kimley
- Horn will document and maintain all maintenance records for the Infinity
. Since the Infinity will be inspected as prescribed by the manufacturer’s maintenance manual, Kimley
- Horn will maintain the equivalent level of safety established by

Sections29

91.405(a), 91.409(a)(1), and 91.409(a)(2). The Flight Manual for the In finity sets forth airworthiness requirements for the UA, including preflight and post flight inspections, as well as scheduled maintenance in four categories: dail y, weekl y, monthly, an d yearly. Likewise, the exemption sought will not adversel y affect safety because Kimley
- Horn will perform maintenance, alterations or preventive maintenance on the UAS using the methods, techniques, and practices prescribed b y the manufacturer’s maintenan ce manual. The Flight Manual for the Infinity details procedures for each component of the UA, including the components of the propulsion system, avionics s ystem, and payload sy stem. A complete description of the Infinity airworthiness and maintenance requirements is set forth in the “ CineWing
- 6 Manual
- 28 ,” attached hereto as Exhibit A. Exhibit A contains proprietary

information and is to be held in a separate file pursuant to 14 C.F.R. § 11.35(b). Furthermore, the exemption sought would maintain an equivalent level of safety established by

Sections 91.407, 91.417(a) and 91.417(b), because all maintenance of the In finity will be performed by Kimley
- Horn trained technicians, who will document and maintain maintenance records for the Infinity
. In consid eration of Kimley
- Horn ’s proposed operating limitations, the most recent In finity 6 Flight Manual, and the technical aspects of the Infinity , Kimley
- Horn submits that safety will not be adversely affected by

granting exemption from 14 C.F.R. Sections 91.40 5(a), 91.407(a)(1) and (a)(2), 91.409(a)(2), and 91.417(a) and (b). The FAA has previously granted relief specific to UAS in circumstances similar, in all material respects, to those presented herein (e.g. Exemption Nos. 11062, 11063, 110 64, 11065, 11066, 11067, 11080 , 11110, 11112, 11136, 11138).
**7. The FAA May Prescribe Any Other Conditions For Safe**  **Operation.** In accordance with Section 333 of the FAA Modernization and Reform Act of 201230

(FMRA) and 14 C.F.R. § 21.16 entitled Special Conditions , Kimley
- Horn requests that the FAA prescribe special conditions for the intended operation of the Infinity , which contain such safety standards that the Administrator finds necessary to establish a level of safety equivalent to that established by

14 C.F.R. Part 21, S ubpart H, and 14 C.F.R §§ 61.113(a) & (b), 91.7 (a), 91.121, 91.151(b), 91.405(a), 91.407(a)(1), 91.409(a)(1) & (a)(2), and 91.417(a) & (b). Such special conditions will permit safe operation of the UA for the limited purpose of conducting aerial acquisiti ons over certain areas of the United States. FMRA Section 333 sets forth the requirements for considering whether a UAS will create a hazard to users of the NAS or the public, or otherwise pose a threat to national security ; and further, provides the autho rity for such UAS to operate without airworthiness certification in accordance with any requirements that must be established for the safe operation of the UAS in the NAS. Likewise, the Administrator may prescribe special conditions pursuant to 14 C.F.R. § 21.16, for operation of the In finity , since the airworthiness regulations of 14 C.F.R. Part 21 do not contain adequate or appropriate safety standards, due to the novel or unusual design features of the aircraft. Section 21.16, entitled Special Conditio ns , states the following: If the FAA finds that the airworthiness regulations of this subchapter do not contain adequate or appropriate safety standards for an aircraft, aircraft engine, or propeller because of a novel or unusual design feature of the airc raft, aircraft engine or propeller, he prescribes special conditions and amendments thereto for the product. The special conditions are issued in accordance with Part 11 of this chapter and contain such safety standards for the aircraft, aircraft engine or propeller as the FAA finds necessary to establish a level of safety equivalent to that established in the regulations. See 14 C.F.R. § 21.16. Therefore, in accordance with FMRA Section 333 and 14 C.F.R. § 21.16, the FAA may prescribe special conditions for Kimley
- Horn ’s intended operation of the In finity , which contain such safety standards that the Administrator finds necessary to establish a level of safety31

equivalent to that established by 14 C.F.R. Part 21, Subpart H, and 14 C.F.R Sections 61.113(a) & (b), 91.7(a), 91.121, 91.151(b), 91.405(a), 91.407(a)(1), 91.409(a)(1) & (a)(2), and 91.417(a) & (b).
**F. A Summary That Can Be Published In The**  **Federal Register, stating:**  **The Rules From Which Kimley**  **- Horn**  **Seeks Exemption:**  Kimley

-Horn and Associates, Inc. seeks exemption from the requirements of 14 C.F.R Sections 61.113(a)&(b), 91.7(a), 91.121, 91.151(b), 91.405(a), 91.407(a)(1), 91.409(a)(1) & (a)(2), and 91.417(a) & (b). **A Brief Description Of The Nature Of The Exemption Kimley**  **- Horn**  **Seeks:** This exemption will permit Kimley

-Horn and Associates, Inc. to commercially operate an Unmanned Aircraft System (UAS) for the purpose of conducting aerial data capture over areas of the United States. **G. Any Additional Information, Views,**  **Or Arguments Available To Support**  **Kimley -**  **Horn ’s**  **Request.** This Petition is made pursuant to the FAA Modernization and Reform Act of 2012 (FMRA) Section 333, which directs the Secretary of Transportation to determine if certain UAS may operate safel y in th e NAS. As such, Kimley
- Horn ’s request for exemption may be granted pursuant to the authority

of FMRA Section 333 and 14 C.F.R. Part 11, as set forth above. FMRA Section 333 sets forth the requirements for considering whether a UAS will create a hazard to u sers of the NAS or the public, or otherwise pose a threat to national security; and further, provides the authority for such UAS to operate without airworthiness certification. As discussed in detail above, Kimley
- Horn will operate the Infinity safel y in the NAS, without creating a hazard to users of the NAS, or the public, or otherwise pose a threat to national security.32 **CONCLUSION** As set forth herein, Kimley
- Horn seeks an exemption pursuant to 14 C.F.R. § 11.61 and Section 333 of the FAA M odernization and Reform Act of 2012 (FMRA), which will permit safe operation of the In finity commerciall y, without an airworthiness certificate, for the limited purpose of conducting aerial acquisitions over areas of the United States. By granting this Petition, the FAA Administrator will be fulfilling the Congressional mandate of the FAA Modernization and Reform Act of 2012, while also advancing the interests of the public, by allowing Kimley
- Horn to safel y, efficiently , and economicall y operate the Infinity commerciall y within the NAS. **WHEREFORE** , in accordance with the Federal Aviation Regulations and the FAA Modernization and Reform Act of 2012, Section 333, Kimley
- Horn respectfully requests that the Administrator grant this Petition fo r an exemption from the requirements of 14 C.F.R Sections 61.113(a) & (b), 91.7(a), 91.121, 91.151(b), 91.405(a), 91.407(a)(1), 91.409(a)(1) & (a)(2), and 91.417(a) & (b), and permit Kimley
- Horn to operate the Infinity commerciall y for the purpose of condu cting aerial data capture
.33

Dated: June 5 , 2015 Respectfully submitted, **Kimley -**  **Horn and Associates**  **, Inc.**

Richard Cook 3001 Weston Parkway Cary , NC 27513 (919) 677
- 2058 General Council