GK GRAPHICS. INC. 

U.S. Department of Transportation 

Docket Management System 

1200 New Jersey Avenue SE 

Washington DC 20590 

129 W. 2ND STREET 

P 0 BOX 1092 

BYRON lL 61010 

PHONE (815) 312-0016 

January 12, 2016 

Re: Petition for Exemption of Certain Federal Aviation Regulations to Operate 

Unmanned Aircraft Systems Pursuant to Section 333 of the FAA Modernization 

and Reform Act of 2012 

Dear Sir or Madam: 

In order to operate small unmanned aircraft systems (sUAS) commercially in National 

Airspace System regulated by the FAA, I request exemption from pursuant to Section 333 ofthe 

FAA Modernization and Reform Act (FMRA) and Title 14 C.P.R. listed in the Section named 

"Regulations from which Exemption is Required" for the purposes listed below: 

• Aerial photography and videography 

• Aerial mapping 

• Search, rescue, and fire operations 

• Agricultural scouting operations 

• Structural inspections 

These types of operations can be performed safer and more cost effectively at altitudes 

below 400' AGL within the United States National Airspace System compared to manned aircraft. 

All operations performed with the sUAS will be operated within the strict terms and conditions of 

the FAA as required by Section 333, and under any other conditions outlined herein. No operations 

will be performed without the request of, and with the authorization of, the client and/or their 

authorized agent in order to facilitate safety and an economical way for business owners and 

consumers to use these services for promotion of the current. 

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TABLE OF CONTENTS 

Applicant Information. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3 

Equipment Information . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3 

Regulations Requesting Exemption From . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4 

Reasons for Relief . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4 

Benefit to Public . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8 

Reasons Exemption would not Adversely Mfect Safety . . . . . . . . . . . . . . . . . . . . . . . . . . . 8 

Conclusion . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9 

Appendix A: Link to DJI Phantom 3 Professional Operating Manual . . . . . . . . . . . . . . . . 10 

2 
N arne of Applicant: 

Kole I. Bennett 

Galen E. Bennett 

GK Graphics, Inc. 

129 W. 2nd Street 

P 0 Box 1092 

Byron IL 61010 

Phone (815) 312-0016 (main number) 

Kole's cell number (815) 985-4740 

Galen's cell number (815) 703-1268 

Equipment Information: 

sUAS - DJI Phantom 3 Professional 

E-mail: gk.graphics@hotmaiJ.com 

This unmanned rotorcraft has a built in height and radius restriction settings, excluding it 

from class B, C and D airspaces, as well as, any temporary flight restricted areas. It has the ability 

to return to launch point if wireless control link is interrupted, or the operator tries to exceed the 

maximum flight ceilings or distance. The craft weights less than 5 lbs, and is a fixed pitched rotor 

aircraft. 

The applicant will not operate in controlled airspace. The applicant will not fly his craft 

above 400 feet AGL. In the unlikely event that a manned aircraft flys below 400 feet AGL where 

the applicant is flying his sUAS, the applicant will keep both the vehicle and manned aircraft and 

ground the sUAS immediately to yield the airspace to the manned aircraft. The applicant will not 

conduct flight operations out his VLOS. 

(See Appendix A) 

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Regulations Requesting Exemption From: 

14 C.F .R. Part 21 subpart H; 

14 C.F.R. 45.23(b); 

14 C.F.R. 61.113(a); 

14 C.F.R. 91.7(a); 

14 C.F.R. 91.9(b)(2); 

14 C.F.R. 91.103; 

14 C.F.R. 91.109; 

14 C.F.R. 91.119; 

14 C.F.R. 91.121; 

14 C.F.R. 91.151(a); 

14 C.F.R. 91.203(a)&(b) 

14 C.F.R. 91.405; 

14 C.F.R. 91.407(a)(1) 

14 C.F.R. 91.409(a)(2) 

14 C.F.R. 417(a)&(b) 

Reasons for Relief: 

This exemption request is being made under Section 333(a) through (c) as the applicant 

would like to utilize the unmanned aircraft (sUAS) for commercial purposes for the community 

and surrounding areas. We feel that there is a competitive market in our area for the safe and 

effective use of sUAS for local businesses and consumers to promote growth for the community. 

14 CFR 21 H: Airworthiness Certificates 

Subpart H, Airworthiness Certificates, institutes the procedural requirements for the issuance of 

airworthiness certificates as required by FAR 91.203( a)(l ). The size and limited operating area 

connected with the aircraft to be used by the Applicant, exemption from Part 21 Subpart H meets 

the requirements of an equivalent level of safety under Part 11 and Section 333 of the Reform Act. 

FAA 49U.S.C. 44701(t) and Section 333 of the Reform Act both sanction the FAA to exempt 

aircraft from the requirement for an airworthiness certificate upon consideration of size, weight, 

speed, operational capability, and the proximity to airports and populated areas of particular sUAS. 

Following these conditions it is determined that the sUAS without an airworthiness certificate will 

be safe, if not safer, then a conventional aircraft (fixed wing or rotorcraft) being operated with an 

airworthiness certificate, without the restrictions and conditions proposed. 

4 
The sUAS to be operated hereunder is less than 5 lbs. fully loaded, carries neither a pilot nor 

passenger, carries no explosive materials or flammable liquid fuels, and operates exclusively 

within a secured and designated area. Unlike other civil aircraft, operations under this exemption 

will be tightly controlled and monitored by both the operator and under the requirements and in 

compliance with local public safety requirements. These safety enhancements provide a greater 

degree of safety to the public and property owners than conventional operations conducted with 

airworthiness certificates issued under 14 CFR Part 21, Subpart H. 

14 CFR 45.23(b) Marking of the Aircraft 

The regulation requires; When marks include only the Roman capital letter "N", and the 

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

experimental or provisionally certificated aircraft, the operator must also display on that aircraft 

near each entrance to the cabin, cockpit, or pilot station, in letter not less than 2 inches nor more 

than 6 inches high, the words "limited," "restricted," "light-sport," "experimental," or 

"provisional," as possible. 

Even though the sUAS will not no worthiness certificate, an exemption may be needed as the 

sUAS will not entrance to the cabin, cockpit or pilot station on which the word 

"EXPERIMENTAL" can be placed. Given the size of the sUAS, 2 inch lettering will be 

impossible. The FAA has issued the following exemptions to this regulation to Exemptions Nos. 

10700, 873 8, 10167 and 10167 A. The applicant will have registration number on his person while 

operating the sUSA. 

14 CFR 61.113(a) Private Pilot Privileges and Limitations: Pilot in Command 

Pursuant to 14 CFR 61.113(a) no person that holds a private pilot certificate may act as a pilot in 

command of an aircraft that is carrying passengers or property for compensation or hire. The 

applicant's sUAS will not carry any pilots and passengers nor property, therefore we are seeking 

an exemption to 14 CFR 61.113(a). The applicant will always operate the sUAS following all 

safety and manufacturer's training manuals, and always operate with due regard to safety of 

people, property, wildlife and nature. 

14 CFR 91.7(a) Civil Aircraft Worthiness 

The regulation requires that no person may operate a civil aircraft unless it is in airworthy 

condition. Although it has been determined that similar sUAS's do not require an airworthiness 

certificate, the applicant will ensure airworthiness of the sUAS through combined use of 

manufacturer's operations manual and pre-flight safety checks. 

14 CFR 91.9(b)(2) Civil Aircraft Flight Manual in the Aircraft 

Section 91.9(b )(2) provides; No person may operate a U.S. registered civil aircraft ... (2) For which 

an Airplane or Rotorcraft Flight Manual is not required by 21.5 of the chapter, unless there is 

available in the aircraft a current approved Airplane or Rotorcraft Flight Manual, approved manual 

material, markings, and placards, or any combination thereof. Due to the size of the sUSA there 

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is no capability or area to carry any such flight manual on the aircraft. The equivalent level of 

safety will be maintained by maintaining the flight manual at the ground control point where the 

operator ofthe sUAS will have immediate access to the same. 

14 CFR 91.103 Pre-Flight Instruction 

This regulation requires each pilot in command to take certain action before flight to insure the 

safety of flight. As FAA approved Airplane or Rotorcraft Flight Manuals will not be provided for 

the aircraft an exemption will be needed. The applicant will take all actions including reviewing 

weather, flight battery requirements, landing and take-off distances and aircraft performance data 

before initiation of flight. 

14 CFR 91.109 Flight Instruction 

The sUAS to be operated by this applicant will be controlled in flight using a control box that 

communicates with aircraft via radio communications. The FAA has approved exemptions for 

flight training without fully functional dual controls for a number of aircraft, and for flight 

instruction in experimental aircraft. The equivalent level of safety provided by the fact that neither 

a pilot nor passenger will be carried in the aircraft and by the size and speed of the aircraft. 

14 CFR 91.119 Minimum Safe Altitudes 

Section 91.119 establishes safe altitudes for operation of civil aircraft. Section 91.119(d) allows 

helicopters to be operated at less than the minimums prescribed, provided the person operating the 

helicopter complies with any route or altitudes prescribed for helicopters by the FAA. The 

applicant is requesting an exemption for a sUAS, and the exemption requests authority to operate 

at altitudes up to 400 AGL, or not more than 200 above an elevated platform from which filming 

is planned, an exemption may be needed to allow such operations. As set forth herein, the sUAS 

will never be operated at higher than 400 AGL, with the exception in circumstances where the 

sUAS is used to provide aerial photography, property survey, agricultural survey, etc. the sUAS 

will not be operated more than 1 00' above the highest point on the property of structure. It will, 

however, be operated in a restricted area where people and buildings will not be exposed to said 

operations with the pre-obtained consent of the landowners. If flying over or near existing private 

property while providing aforesaid services the applicant will notify in person or by card left 

behind to any information requested by the landowners. The applicant will review with the 

landowners of any associated risks to people or property. Due to the small size of sUAS the 

associated risk to persons, vessels, vehicles, and structures is not comparable to manned aircraft 

and should be taken into consideration. 

14 CFR 91.121 AI timeter Settings 

This regulation requires each person operating an aircraft to maintain cruising altitude by reference 

to an altimeter that is set" ... to the elevation of the departure airport or an appropriate altimeter 

setting available before departure." As sUAS do not have a barometric altimeter, but instead use 

a GPS altitude read out, an exemption may be needed. An equivalent level of safety will be 

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achieved by the operator, pursuant to the pre-flight safety check and live flight data monitoring, 

confirming the altitude of the launch site shown on the GPS altitude indicator before flight. 

14 CFR 91.151(a) Fuel Requirements 

The sUAS we use does not require fuel but is operated on battery power. The applicant believes 

that a safe flight can achieved by limiting flights to 25 minutes or 30% of battery power. The sUAS 

used also has a low battery warning that indicates you should return the sUSA to the launch site. 

Additionally, a "low" and "critical" battery level warnings implement a "return to home" action in 

these types of situation. The applicant will not initiate flight unless there is enough power to fly 

at a normal cruising speed to the intended point (considering wind and forecast weather 

conditions). Further, all flights will be conducted during daylight hours and at times not to be a 

nuisance to others. 

14 CFR 91.203(a) and(b) Carrying Civil Aircraft Certification and Registration 

The regulation provides in pertinent part (a) Except as provided in 91.715, no person may operate 

a civil aircraft unless it has within it the following: (1) An appropriate and current airworthiness 

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

by Paragraph (a) ofthis section or a special flight authorization issued under 91.715 is displayed 

at the cabin or cockpit entrance so that it is legible to passengers and/or crew. 

The sUAS fully loaded weighs no more 5 lbs and is operated without an onboard pilot. Therefore, 

there is no place or ability to carry certification and registration documents or to display them on 

the sUAS. An equivalent level of safety will be achieved by keeping these documents at the ground 

control area where the operator is flying the sUAS and will have immediate access to said 

documents; to the extent they are applicable to the sUAS. 

14 CFR 91.405(a); 

14 CFR 91.407(a)(l); 

14 CFR 91.409(a)(2); 

14 CFR 91.417Ca)&(b) Maintenance Inspections 

The regulations require that an aircraft operator or owner "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 ... ," and others shall inspect or maintain the aircraft in compliance with Part 43. Given 

that these section and Part 43 apply only to aircraft with an airworthiness certificate, these sections 

will not apply to the applicant. Maintenance will be accomplished by the applicant pursuant to 

the flight manual and operating handbook. As provided in the flight owner & operating manual 

the applicant will safeguard that the sUSA is in working order prior to initiating any flights and 

perform required maintenance as needed. 

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How Our Request Would Benefit the Public as a Whole: 

A sUSA is safer to operate for the items we have requested then a fixed manned winged 

aircraft or rotor helicopter due to the fact that this is a unmanned battery operated aircraft weighing 

less than 5 lbs. 

It would also benefit the public for the following reasons: 

• Aerial Photography & Videography - a valuable marketing tool for commercial use. 

• Search and Rescue/Fire & Police - can aid Emergency Personnel from aerial aspect, 

view structural concerns (fire), safety concerns- GPS Enabled for searching & mapping, 

rapid deployment of this aircraft can greatly increase response and search times. 

• Agricultural Mapping and Field Scouting to help landowners reduce costs and increase 

yields. 

• Structural Inspections - Help reduce work site dangers and accidents, increase work site 

efficiency, and minimize risks for the public and property owners. 

Liability insurance is currently carried by the company. All flight data including UA flight 

time, control unit operation time, incident, accident, and details concerning any deviations from 

normal operations will be available to FAA for use in collecting data regarding the use of sUAS 

as part of this application. 

Reasons Why the Exemotion Would Not Adyersely Affect Safetyi 

Operation limitations proposed for an equivalent or higher level of safety because operations 

will further enhance the safety of the persons and/or property using conventional aircraft. These 

limitations and conditions to which the applicant agrees to adhere to when conducting commercial 

operations under the FAA issued exemption as set forth in the Flight Operations Manual (FOM) 

include: 

• The sUAS will weigh less than 5 lbs. 

• Flights will be operated within VLOS of an operator and/or observer. 

• Maximum flight time for each operational flight will be 25 minutes. Flights will be 

terminated at 30% battery power reserve or 25 minutes of flight time whichever occurs 

first. 

• Flights will be operated at an altitude of no more than 400 feet Above Ground Level (AGL) 

and not more than 200 feet above an elevated platform from which filming is planned. 

• The minimum crew for each operation will consist of the sUAS Operator and a Visual 

Observer (VO) when needed to maintain VLOS. 

• Prior to the day's flight, a briefmg regarding the planned sUAS operations for the day will 

be performed to review the day's planned activities. 

• The Operator will obtain verbal/written consent of all persons involved with the planned 

operation and ensure that only consenting persons will be allowed within 100 feet of the 

flight operation, and the radius may be reduced to 30 feet based upon an equivalent level 

of safety determination, as required under the FOM. With the advanced permission or 

directions of the FSDO, operations at closer range may be approved. 

8 
• The Operator and VO will have been trained in operation of the sUAS, and have received 

up to date information for the particular sUAS to be operated, and will be able to show 

upon request their competent ability to operate the sUAS and/or camera. 

• The Operator and VO will be able to communicate by voice, phone and/or text at all times. 

• Written and/or verbal permission and permits will be obtained from territorial, state, county 

or city jurisdictions, including a few enforcements, fire or other appropriate governmental 

agencies when needed. 

• If the sUAS loses communications or loses GPS signal, the small sUAS will have the 

capability to return to a pre-determined location or home and land autonomously. 

• sUAS will have the capability to abort a flight in case ofunpredicted obstacles, wather, or 

emergencies. 

• The sUAS has GPS controlled autopilot system to maintain sUAS stability and control. 

• The sUAS has no souls on board and will not be operated over mass populations. 

• The sUAS has no fuel on board greatly reducing the risk of fire or explosion in the unlikely 

event of a collision or crash. 

Conculsion: 

As a current locate business we would like to expand the services that we currently offer to the 

public with the addition of these services. We feel that they will greatly benefit the community 

through the growth of business opportunities by utilizing this technology in a safety and proper 

manner. In addition, with the one of the owners, Galen Bennett, having been on the Byron Fire 

Protection District for 34 + years we feel this service could greatly enhance and improve the fire 

service when used in training and in emergency situations i.e. structure fires, field fires, river 

rescues, and etc. We also feel that this would be a unlimited application to local police department 

and sheriffs department to aid in search and rescue, and hostage/barricaded situations. 

When this type of aircraft is operated as we propose to do, the risk and liability to the public and 

property is minimal. We feel that the benefits of this type of unmanned aircraft outweigh any risks 

that may be associated with them. 

Thank you for your courtesies and consideration of our exemption from section 333 of the FAA 

Reform Act of2012. 

Respectfully Submitted, 

GK Graphics, Inc. 

~[ 4 

Galen E. Bennett 

£~d.~~(j)-

Kole I. Bennett 

9 
Appendix A 

DJI Phantom 3 Professional Owner's Manual Link: 

http://dl.djicdn.com/downloads/phantorn _3/en!Phantorn _3 _Professional_ User _Manual_ vl.6pdf 

10