UNITED STATES OF AMERICA 

DEPARTMENT OF TRANSPORTATION 

FEDERAL AVIATION ADMINISTRATION 

WASHINGTON, 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)677-2050
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TABLE OF CONTENTS

Page

GLOSSARY OF ABBREVIATIONS .................................................................................3

SUMMARY.........................................................................................................................4

INTRODUCTION AND INTERESTS OF PETITIONER..................................................4

BACKGROUND .................................................................................................................5

BASIS FOR PETITION.......................................................................................................5

NAME AND ADDRESS OF PETITIONER.................................................................7

THE SPECIFIC SECTIONS OF 14 C.F.R. FROM WHICH KIMLEY-HORN AND 

ASSOCIATES SEEKS EXEMPTION..........................................................................7

THE EXTENT OF RELIEF KIMLEY-HORN AND ASSOCIATES SEEKS AND 

THE REASON KIMLEY-HORN AND 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 EXEMPTION WOULD NOT 

ADVERSELY AFFECT SAFETY..............................................................................17

SUMMARY THAT CAN BE PUBLISHED IN THE FEDERAL REGISTER..........31

ANY ADDITIONAL INFORMATION, VIEWS, OR ARGUMENTS AVAILABLE 

TO SUPPORT KIMLEY-HORN AND ASSOCIATES'S REQUEST........................31

CONCLUSION.................................................................................................................32
3

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

LOL Loss of Link

NAS National Airspace System

NOTAM Notice to Airman

PIC 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 Landing
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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 System pursuant to Section 333 of the 

FAA Modernization and Reform Act of 2012 (FMRA). This exemption will permit KimleyHorn and Associates, Inc. to operate an Unmanned Aircraft System (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 provides

transportation/traffic, water resources, utility system, 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 by a reputation for 

effective management and personal service. Kimley-Horn’s clients benefit from the resources of 

a nationally recognized organization while receiving personal service and local expertise. Most 

recently, Kimley-Horn was ranked 31st in ENRs top 500 companies to work for and 15th of pure 

designers.

Kimley-Horn has recently acquired a Turbo Ace Infinity 6 unmanned aircraft system 

(hereinafter “Infinity”). Kimley-Horn has historically used expensive means to acquire aerial 

information. With the advent of unmanned systems (drones) in recent years, Kimley Horn has 

become dependent on the capabilities of UAS technology. The use of UAS technology has 
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allowed flight in ways never before capable with conventional fixed wing and rotary vehicles, 

providing different project perspectives and bridging the gap between traditional land-based 

photography and traditional manned aerial photography. As set forth in this Petition, KimleyHorn 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.
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BACKGROUND

Unmanned Aircraft System: Infinity (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 takeoff weight of approximately 16.5 pounds [Typical Operating Payload: Infinity-6 (7LB) + 

5300mah 6S Batteries x Qty2 (3 LB) + Canon 5D Mark iii w/ lens (2LB) + 1535L Lens

(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 by a triple bearing, dynamically balanced, 

brushless electric motor and 40amp Electronic Speed Control (ESC) unit. The Infinity 6 is 

powered by 6S (22.2V) 35C at 2x5, 300mah or 1x16,000mah or 1x22,000mah. Flight 

times range between 13 minutes and 25 minutes depending on payloads.

The Infinity 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

PETITION

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, hereby petitions the Administrator to operate the Infinity in the 
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National Airspace System (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 aircraft 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.

Accordingly, 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 requirementsfor 

maintenance that only 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 practices prescribed in the manufacturer’s maintenance manual. 

Furthermore, Kimley-Horn will document and maintain all maintenance records for the 

Infinity.

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 (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. 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,
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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 Infinity 6 Flight Manual, and that the aircraft is in a condition for safe

flight.

Kimley-Horn also seeks an exemption from the requirements of Section 91.121,

entitled Altimeter Settings, as the Infinity 6 UA will not have a typical barometric 

altimeter onboard. However, altitude, azimuth, pitch, yaw, heading and speed

information of the Infinity 6 UA will be provided to the PIC via the on-board OnScreen Display (OSD) module and Naza-M V2 Global Positioning System (GPS) 

which transmits real-time flight information via a SpiroNet 5.8GHz Transmitter directly 

to the PIC’s First Person View (FPV) video monitor mounted to the Ground Control 

System (GCS) (Futaba 14SG 2.4GHz Computer Radio System) for active monitoring of 

flight operations. This altitude information, combined with Kimley-Horn’s operation of 

the Infinity 6 UA within visual line of sight, at or below 500 feet AGL, will ensure a 

level of safety 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 

information in support of its petition for exemption:
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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: 

Bobby 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 (PIC) of an aircraft that is carrying passengers or property for 

compensation or hire; nor may that person, for compensation or hire, act as 

PIC of an aircraft.

(b) A private pilot may, for compensation or hire, act as PIC of an 

aircraft in connection with any business or employment if—

(1) The flight is only 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
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91.121.

Section 91.121, entitled Altimeter settings, subsection (a), states the following, in

part:

(a) Each person operating an aircraft shall maintain the cruising altitude or flight 

level of that aircraft, as the case may be, by 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 not 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, assuming normal cruising speed, to fly 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[.]
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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 by 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, within 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 by 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 description (or reference to data acceptable to the Administrator) of 

the work performed; and

(ii) The date of completion of the work performed; and
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(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 by 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 by § 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 by other work or for 1 year 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.
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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 employment if - (1) The flight is only incidental to that business or employment; and

(2) The aircraft does not carry passengers or property for compensation or hire.

As set forth more fully below, Kimley-Horn submits that an equivalent level of safety 

will be maintained because no PIC will be allowed to operate the Infinity unless that PIC has 

demonstrated, through the UAS training and currency requirements, that the PIC is able to safely 

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 people, vessels, vehicles and structures.

Further, Kimley-Horn submits that all flights of the Infinity, conducted by the PIC 

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.
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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 Infinity 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, KimleyHorn will ensure that the Infinity 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 Infinity, which utilizes GPS equipment and a radio communications telemetry

data link to downlink altitude information to the PIC from the UA to the GCS. As more fully

set forth below, safety will be maintained as a result of the Infinity 6 UA’s altitude readout via 

GPS equipment, and Kimley-Horn’s operation of the Infinity 6 UA within visual line of sight, 

at or below 500 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 Infinity 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 land 
15

with five minutes of battery power remaining. Kimley-Horn seeks the requested relief because 

without an exemption from Section 91.151(b), the flight time duration of the battery powered

Infinity 6 UA will severely constrain the practicality of any aerial acquisition and flight operations 

that Kimley-Horn proposes to conduct pursuant to this Petition.

Significantly, as set forth below, the technical specifications of the Infinity, the Infinity

6 Flight Manual, and Kimley-Horn’s proposed operating limitations, ensure that Kimley-Horn

will safely operate the battery powered Infinity 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 From 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 fully 

below, the Infinity meets the conditions of Section 333 of the FMRA for operation without an 

airworthiness certificate. Accordingly, 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 Request 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 

safely, efficiently, and economically perform aerial data acquisition commercially, 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 
16

services. Additionally, use of the Infinity will decrease congestion of the NAS, reduce pollution, 

and provide significant benefits to the economy. 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 Infinity will be used to 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, by reducing the number of manned aircraft operating in the NAS, 

congestion around airports caused by arriving and departing aircraft will be reduced. The 

Infinity 6 UA does not require an airport to takeoff or land. Likewise, a reduction of manned 
17

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 Infinity, instead of manned aircraft, will greatly

benefit the public by drastically reducing the levels of air and noise pollution generated during 

traditional aerial survey flight operations. By using battery power and electric motors, the 

Infinity produces no air pollution, and is the most viable environmentally conscious alternative 

to the cabin class, six cylinder internal combustion twin engine aircraft that are typically utilized 

for aerial acquisitions, while burning approximately 20-30 gallons per hour of leaded aviation 

fuel. The Infinity 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 

physical potential for collateral damage to life and property on the ground, and in the air, 

compared to the manned aircraft that typically conduct aerial acquisitions (weighing

approximately 6,500 pounds with a wingspan of approximately 40 feet, a length of 34 feet, 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 Infinity 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, provides 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 Privacy 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. 

Specifically, 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 significantly, the 

Infinity 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) ) which 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 Infinity can operate safely in the 
20

NAS pursuant to FMRA Section 333, as demonstrated by: (a) the characteristics of the Infinity; 

(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 System (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 

Infinity 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 Return 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 Manual28,” 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 (PIC) of the 

Infinity. Additionally, a safety observer will assist all pilots. The PIC 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 Infinity Will Be Conducted Pursuant

To Specific Operating Limitations.
22

In seeking this exemption, Kimley-Horn proposes to commercially operate the Infinity 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 by 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 30

pounds: Infinity 6 Unmanned Aircraft System. 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 500 feet above ground level 

(AGL), as indicated by the 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 PIC 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 always maintains VLOS capability. The VO and 

PIC must be able to communicate verbally at all times. The PIC must be designated 

before the flight and cannot transfer 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 extension 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 forsafe 

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 performed
23

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 maintenance and alterations must be 

properly 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 conductsthe 

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 

of work accomplished, and the signature of the authorized UAS technician or PIC 

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 System 

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 PIC 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 PIC to operate unless that PIC has demonstrated, 

through the training and currency requirements set forth in the operator’s manual, that the 

PIC 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 maneuvers 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 PIC.

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 PIC must abort the flight in the event of unpredicted obstacles or emergenciesin 

accordance with the operator’s manual.

22) The PIC 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 advance, 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 (NNumber) markings in accordance 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 

PIC at the Ground Control Station of the UAS any time the aircraft is operating. These 

documents must be made available to the Administrator or any law enforcement official 

upon request.

27) The UA must remain clear and yield the right of way to all other manned aviation 

operations and activities at all times.

28) The UAS may not be operated by 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 PIC’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 PIC 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 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 and/or;

b. the aircraft is operated near vessels, vehicles or structures where the land 

owner/controller has granted permission and the PIC has made a safety 

assessment of the risk of operating closer to those objects and;

c. operations near the PIC or VO do not present an undue hazard to the PIC 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 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.

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 by Section 61.113(a)

and (b) will be maintained because no PIC will be allowed to operate the Infinity unlessthat PIC 

has demonstrated, through the Infinity training and currency requirements, that the PIC is able to 

safely operate the Infinity in a manner consistent with this exemption, including evasive and 

emergency maneuvers and maintaining appropriate distances from people, vessels, vehicles and

structures.
26

Considering Kimley-Horn’s proposed area of operations, and the operating limitations

set forth-above; the parallel nature of private pilot aeronautical knowledge requirements to 

those of commercial pilot requirements (See Exemption No. 11062); and the airmanship skills

necessary to safely 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 Infinity is in an airworthy condition based 

upon the Infinitys compliance with its operating documents (i.e., the Infinity (CineWing-6) Flight 

Manual), and 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 by Section 91.121 will be maintained because 

the altitude information of the Infinity 6 UA will be provided to the PIC 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 500 feet AGL, will ensure a level of 

safety equivalent to Section 91.121. The altitude information will be generated by GPS 

equipment installed onboard the aircraft. Prior to each flight, a zero altitude initiation point will 
27

be established and confirmed for accuracy by the UAS PIC. 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 would 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 safely operate the battery powered 

Infinity 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 Infinity 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 by the current regulation. Prior relief 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 daytime, Visual Flight Rules 

(VFR) conditions. The Infinity 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 Infinity; the 
28

limitations on the proposed flight operations; and the location of the proposed operations, will 

ensure that Kimley-Horn may safely operate the battery powered Infinity 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.

Significantly, previous exemptions granted by the FAA concerning Section 91.151 

establish that safety is not adversely affected 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. Moreover, the FAA has previously 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 KimleyHorn will use its trained technicians to perform maintenance, alterations, or preventive 

maintenance on the unmanned aircraft system 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.

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 Sections 
29

91.405(a), 91.409(a)(1), and 91.409(a)(2). The Flight Manual for the Infinity sets forth 

airworthiness requirements for the UA, including preflight and post flight inspections, as well as 

scheduled maintenance in four categories: daily, weekly, monthly, and yearly.

Likewise, the exemption sought will not adversely affect safety because Kimley-Horn

will perform maintenance, alterations or preventive maintenance on the UAS using the methods, 

techniques, and practices prescribed by the manufacturer’s maintenance manual. The Flight 

Manual for the Infinity details procedures for each component of the UA, including the 

components of the propulsion system, avionics system, and payload system.

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 

Infinity will be performed by Kimley-Horn trained technicians, who will document and 

maintain maintenance records for the Infinity.

In consideration of Kimley-Horn’s proposed operating limitations, the most recent

Infinity 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 91.405(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, 11064, 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 2012 
30

(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, Subpart 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 

acquisitions 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 authority forsuch 

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 Infinity, 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 Conditions, 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 aircraft, 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 Infinity, which contain 

such safety standards that the Administrator finds necessary to establish a level of safety
31

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 safely in the 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 users 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 safely 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 Modernization and Reform Act of 2012 (FMRA), which will permit safe 

operation of the Infinity commercially, 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 safely, efficiently, and economically operate the Infinity

commercially 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 for 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 commercially for

the purpose of conducting 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