December 28

th 2015

US Department of Transportation 

Docket Management System

1200 New Jersey Avenue Southeast 

Washington DC 20590

Re: Request for Exemption under Section 333 of the FAA Modernization and Reform Act of 2012 and 

Part 11 of the Federal Aviation Regulations.

Name and address of Petitioner

Kris Donahue - RVC Air Studios

5124 Yuma Lane North 

Plymouth, Minnesota 55446 

Phone number 651-755-8280 

Email: kdonahue@evercorellc.com

Dear Sir or Madam:

Pursuant to section 333 of the FAA Modernization and Reform Act of 2012 and 14 CFR part 11, Kris 

Donahue-RVC Air Studios the petitioner, request exemption from the following Federal Aviation 

Regulations in order to legally operate an unmanned aircraft system UAS in the National Airspace

system.

Regulations from which the Exemption is requested 

14 CFR 21 H, 14 CFR 45.23 B, 14 CFR 61.113 A&B, 14 CFR 91.7 A, 14 CFR 91.9 D2, 14 CFR 91.10 3D, 14 

CFR 91.109, 14 CFR 91.1 19, 14 CFR 91.121, 14 CFR 91.151 A, 14 CFR 91.203 A & B, 14 CFR 91.405 A, 14 

CFR 91.407 A 1, 14 CFR 91.409 A & B, 14 CFR 91.417 A & B, 14 CFR Title 14 Chapter 1 Sub D part 62 thru 

67 – 61.1 to 61.429.

Petitioner wishes to be granted the Exemptions of the UAS Commercial Operations listed below

Applications and Operations

State and Municipal Roadways for Planning, New Construction, Re-construction and Repair 

Bridge Abutments, Column Placements and Job Site Access Routes
Topographical Overhead of Construction site 

Environmental Assessments

Location of Utilities, Wetlands and other unforeseen obstacles for Road Construction

Aerial photography real time Day-to-Day progress

Identify potential Ground Construction Safety concerns 

Producer’s Plants and Gravel Pits 

Mapping and Monitoring Stockpile quantities

Aerial Photography to ensure Waste Water Runoff is in compliance with all Local Regulations

Equipment Inspections 

Visual Monitoring of Equipment and placement

Operations:

The UAS will not be operated at a speed exceeding 30knts. (35 mph),at a attitude of greater than 400 

feet above ground level, or, when visibility is less than 3 statute miles, less than 500 feet or 2000 feet 

horizontally from a cloud. All operations will be conducted during daylight hours under visual 

meteorological conditions. The Petitioner will insure prior to operation that the PIC (Pilot in Charge) has 

demonstrated the ability to safely operate the SAS in a manner consistent with how the UAS will be 

operated under this exemption, including evasive and emergency maneuvers and maintaining 

appropriate distances from persons, vessels, vehicles and structures. The Petitioner, at all times will 

have a Visual Observer “VO” on site and in close proximity to the Pilot in Charge “PIC” during Flight 

operations. The petitioner believes that the use of the UAS is more economical and safer to use for the 

aforementioned purpose. Use of the UAS rather than demand aircraft is more economical to the 

consumer, and beneficial to the general public due to a small size, low noise and minimal impact to 

people and the environment.

Characteristics of Aircraft: UAS Registration #FA3Y3FREAK (Align 690L Hexacopter)

The UAS is to be used by the petitioner is the Align 690L Hexacopter. 

Features Include:

Autopilot System (APS M) – The APS M Control Unit has superior performance due to it cutting edge 

information technologies, utilizing high precision sensors and modern system control subroutines. 

Dual Satellite GPS System: System is able to acquire up to 35 Satellites for maintaining positioning and 

assuring pinpoint accuracy for “Return to Home” feature.

3 Flight Modes: Attitude GPS, GPS Speed, GPS Angular. (NO MANUAL FLIGHT MODE)

3 Intelligent Flight Modes: CFO Mode N/A, HCL Mode, is the Coarse Heading Lock and the POI Mode, is 

the “Point of Interest”.
Return to Home: Is activated by a remote switch on the ground station unit, or if signal is lost between 

the UAV and Ground Station the UAV will go into Failsafe and “Return to Home” automatically. 

Low Voltage Failsafe: If the Flight Batteries drop below a specified value (Values determined by 

Manufacture) the UAV will enter the Failsafe Mode and automatically “Return to Home”.

On Screen Display: Provides real time flight data to the Ground Station (OSD), for Altitude, Speed, 

Direction, Satellites Acquired, Battery Voltage, Horizon Orientation, and Distance to Home as well as 

Elapsed Flight Time for that specific flight. 

RoHS Certified

Request for Exemption, Section 333 of the FAA Reform Act pertaining to Federal Aviation Regulations

The petitioner request an exemption from the following regulations as well as additional regulations 

that made technically applied to the operation of the UAS.

14 CFR 21 H Airworthiness Certificates

Certification procedures for products and parts 

Reason for Exemption 

It has been determined that similar UAS do not require an air worthiness certificate has granted an 

exemption number 11623, 11650, 11664 and 11734.

14 CFR 45.23 B Marking of the Aircraft 

These regulations provide that each aircraft must display in and the aircraft registration number in the 

letters at least 3 inches high. Additionally, the aircraft must display the word experimental in letters at 

least 2 inches high near the entrance to the cabin, cockpit or pilot station.

The reason for Exception 

Even though the UAS will have no air the worthiness certificate, an exemption may be needed as the 

UAS will not have an entrance to the cabin, cockpit or pilot station on which the word experimental can 

be placed given the size of the UAS, 2 inch lettering will be impossible. The word experimental will be 

placed on the fuselage and compliance with 45.29

The FAA has issued the following exemptions to this regulation to exemption numbers 10700, 10167 8 

738 and 10167.

14 CFR 61.113 a b Private Pilot Privileges and Limitations

The regulation provides that no person may serve as a required pilot flight crew member of a civil 

aircraft of the United States unless that person 1.) has a pilot certificate or special purpose authorization 

issued under this part in that person’s physical possession or readily accessible, 2.) the flight is only 

incidental to that business or employment. 3.) the aircraft is not carry passengers or property for 

compensation or hire.
Reason for Exception 

The petitioner will follow all manufacturers training program and safety manuals I also please these 

requirements are unnecessary for a pilot controlled Drone flight additionally, current FAA proposals 

have committed this as a future requirements for small UAS.

14 CFR 91.7 A Civil Aircraft Airworthiness 

Civil aircraft airworthiness A no person that operate as civilized craft unless it is an air worthy condition.

Reason for Exception 

It has been determined that similar UASs do not require airworthiness certificate, however the 

petitioner will ensure airworthiness through the combined use of the manufacturer’s operation manuals 

and pre-flight checks.

14 CFR 91.9 B Civil Aircraft Flight Manual in the Aircraft 

This regulation provides that no person shall operate an aircraft unless a current, approved flight 

manual is in the aircraft. We assume that the intent of this requirement is to ensure that a flight manual 

information is available to the other crew while operating the aircraft. We request an exemption to this 

requirement since the aircraft is not only too small to carry documentation; the documentation would 

not be available to the crew.

Reason for Exception 

The equivalent level of safety will be maintained by keeping flight manuals at the ground station point 

where the pilot flying the UAS will have immediate access to it, the FSS has issued the following 

exemptions to this regulation; exemption number 8607, 8737, 8738, 9299, 9299A to list a few.

14 CFR 91.1 03 B Preflight Inspection 

This regulation requires each Pilot in Command (PIC) to take certain actions before flight to ensure the 

safety of flight. As FAA approved rotorcraft flight manuals will not be provided for the aircraft an 

exemption will be needed. The petitioner will take all actions including reviewing weather, flight battery 

requirements, landing and takeoff distances and aircraft performance data before initiating flight.

14 CRS 91.109 Flight Instructions

This regulation provides that no person may operate a civil aircraft that is being used for flight 

instruction unless that aircraft has fully functioning dual control.

Reason for Exception 

UAS and remotely piloted aircraft, by their design so not to have fully functional dual control. Flight 

control is accomplished through the use of a control box which communicates with the 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. See exemptions #

5778K and 9862A. The equivalent level of safety provided, by the fact that either a Pilot or a passenger 

will be carried in the aircraft and by the size and speed of the aircraft.
14 CFR 91.1 1-9 Minimum Safe Altitudes 

The regulation provides that over sparsely populated areas the aircraft cannot be operated closer than 

500 feet to any person, vessel, vehicle, or structure. Since the aircraft will be operating at a maximum of 

400 feet AGL, we cannot comply with this requirement. 

Reason for Exception 

The use of the UAS will be flying no higher than 400 feet AGL in LOS over developed and developing 

residential areas that may be considered congested areas. That will not always be the case and 

providing a property survey flight because they could be conducting over empty lots or acreage with no 

structure. In the case of flying over or near existing private property while providing aerial imagery, 

property inspections, and property assessments, land owners will be notified in person by the 

petitioner, or buy a card left behind by the petitioner if requested. Petitioner will review the landowners 

associated risks to people and property due to the small size of the UAS the associated with two 

persons, vessels, vehicles in structures is not comparable to an aircraft and should be taken into 

consideration.

14 CFR 91.121 Altimeter Settings 

This section requires that each person operating an aircraft shall maintain the cruising altitude or flight 

level of aircraft, as the case maybe, by reference to an altimeter that is set, when operating below 

18,000 feet MSL.

Reason for Exception

Most UAS do not have a barometric altimeter if it does have GPS that will calculate altitude, speed and 

position. The petitioner will limit flights to a maximum altitude of 400 feet AGL as granted and 

exemption number 11623, 11624 and 11734.

14 CFR 9 0.151 A Fuel Requirements for Flight and VFR Conditions

Fuel requirements for flight in VFR condition A) no person maybe began a flight in an airplane under VFR 

conditions unless there is enough fuel to fly to the first point of intended landing and, assuming normal 

cruising speed. 1) During the day, to fly after that for at least 30 minutes. 

Reason for Exception 

The UAS provides low battery warning to indicate when you should return the UAS to the launch point. 

In addition a low and critical battery level warning and implemented a “Return to Home” action in these 

situations. The petitioner will not initiate a flight unless there is enough power to fly at normal cruising 

speed to the intended landing point and all flights will be conducted during daylight hours and at times 

not to be a nuisance to others.

14 CFR 91.203 A & B Carrying Civil Aircraft Certification and Registration 

This regulation provides as follows 

No person may operate the Civil Aircraft unless it as the appropriate and current Airworthiness 

Certificate.
No person may operate a Civil Aircraft unless a Airworthiness Certificate required by paragraph( A) of 

this section or a special flight authorization is issued under 19.71 displayed at the cabin or cockpit 

entrance so that it is legible passengers or crew.

Reason for Exception 

To obtain equivalent level of safety and meet the intent of 91.203, documentation will be housed at a 

ground control points where the PIC is flying the UAS for immediate access to the extent they are 

applicable to the UAS. And doing some research the FAA has issued numerous exemptions to this 

regulation.

14 CFR 91.405 A: Maintenance inspections 

Each owner or operator of an aircraft A)shall have that Aircraft inspected as prescribed and Sub Part E of 

this part in shall be between required inspection, except as provided in paragraph C of this section, have 

discrepancies repaired as prescribed and part 43 of this chapter.

Reasons for Exception 

The Petitioner shall inspect the Aircraft prior to every flight. The Petitioner also will follow the 

manufacturer’s recommended preflight checklist and make any repairs necessary before flights occur. 

The Petitioner will also maintain a log of any maintenance and or repairs preformed.

14 CFR 91.407 (A)(1)Maintenance 

Operation after maintenance, preventive maintenance rebuilding or alteration A) no person may 

operate an 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 this chapter.

Reason for Exception 

The petitioner who has the responsibility for the operation and safety of the UAS will follow the 

manufacturer’s suggested replacement parts.

14 CFR 91.409 (a) 1&2. Inspections 

Inspection 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) 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) and exception for the issuance of an Airworthiness Certificate in accordance with the 

Part 21 of this chapter. No inspection performed under paragraph B of the section may be substituted 

for any inspection required by this paragraph unless it is performed by a person authorized to perform 

annual inspections and is entered as an annual inspection in the required maintenance records.

Reason for Exemption 

The Petitioner will follow manufactures suggestions to insure that the UAS is in condition for safe Flight 

at all times.
14 CFR 91.417 A & B: Maintenance Records

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 2 & 3.

Reason for Exception 

The Petitioner will keep a record of all repairs and modifications. The Petitioner also proclaims to use 

approved manufactured parts for all repairs and modifications.

14 CFR Title 14 Chapter 1 Subchapters D Parts 60 thru 67-61.1 to 61.429: Pilot Certification 

This section pertains to flight rules, pilot certification requirements, manuals, etc.

Reason for Exception 

Petitioner believes that these requirements are unnecessary for pilot controlled drone flights and

current FSS proposals have admitted this as a future requirement for a small UAS.

In conclusion:

I Kris Donahue-RVC Air Studios, the petitioner request for exemption from the above-mentioned Federal 

Aviation regulation in order to legally operate an unmanned aircraft system UAS and the national air 

space system in order to perform the applications and operations pertaining to my current construction 

work in a safe and controlled environment the petitioner hopes for a timely consideration, as I have 

made considerable investment in time and finances on this project.

Sincerely

Kris E. Donahue-RVC Air Studios

5124 Yuma Lane North 

Plymouth, MN 55446

651-755-8280

krisd@rvcairstudios.com

kdonahue@evercorellc.com