U.S. Department ofTransportation Docket Management System 1200 NewJersey Ave. SE Washington, DC 20590

Re: Exemption Request Section 333 ofthe FAA Reform Act Dear Sir/Madam, This petition is being submitted on ourown behalfwithout legal counsel orconsulting services. Pursuantto Section 333 ofthe FAA Modernization and Reform Act of2012 (the Reform Act), and 14C.F.R. Part 11, MCKNIGHT AND ASSOCIATES, INC., LLC acompany operating aSmall Unmanned Aircraft System (sUAS) equipped to conduct aerial photography and surveyforvarious industries, hereby applies for an exemption from the Federal Aviation Regulations (FARs) listed belowto allow operation ofoursUAS commercially in airspace regulated bythe Federal Aviation Administration (FAA) so long as such operations are conducted with and under the conditions outlined herein oras may be established by the FAA as required by Section 333. The requested exemption would permit MCKNIGHTAND ASSOCIATES, INC., LLC to pursue its commercial interests in providing services to consumers interested aerial data capture using asmall advanced sUAS in the following areas:

• Aerial Mappingfor engineering services • Infrastructure Survey • Agricultural Surveying • Aerial Photography (not including closed-set filming) • Aerial Videography • Real Estate Photography • Product Demonstrations MCKNIGHT AND ASSOCIATES, INC. states that all sUAS flights thatwill occurover private orcontrolled access propertywill do so with the propertyowner's prior consent and knowledge and thatonly people who have consented orotherwise have agreed to be in the area where photography and videographywill take place will be captured. Additionally, MCKNIGHT AND ASSOCIATES, INC. pilots hold FAA Private Pilot Licenses with Class Ill Medical Certificates and ifobservers are not qualified pilots, theywill be trained by MCKNIGHT AND ASSOCIATES, INC. pilotsto understand the proper roles ofan observer, communication procedures, propervisual scan techniques, operations at non-towered airports, and appropriate sections ofthe Aeronautical Information Manual. Regulations from which the exemption is requested: 14 C.F.R. Part 21, 14C.F.R. 45.27, 14 C.F.R. 45.23 (b), 14C.F.R. 61.113(a) and (b) 14 C.F.R. 91.7 (a), 14 C.F.R. 91.9 (b) (2), 14 C.F.R. 91.105, 14 C.F.R. 91.109, 14 C.F.R .91.119, 14C.F.R. 91.121, 14C.F.R. 91.151(a), 14C.F.R. 91.203 (a) & (b), 14 C.F.R. 91.205 (b), 14 C.F.R. 91.215, and 14C.F.R. (91.401- 91.417)

## UnmannedAircraft System

sUAS are afeasible method to obtain information ofagricultural cropland to determine optimum inputsthat result in cost savings to farmers, yield security, and reduce environmental impact ofexcess fertilizers and chemicals in the soil. They have proven to save lives in dangerous situations such as flare-stack inspections and search-and-rescue missions. We are petitioningfor exemption to enable MCKNIGHT AND ASSOCIATES, INC. to operate aTarot 680 Pro Hex rotor equipped with athree-axis gimbaled camera and control with a3DRobitics Pixhawk flight controller, a DJI Inspire 1 multi-rotor equipped with athree-axis gimbaled camera, aSkywalker X-8 single wing airplane also with the 3DRobitcs Flight controller, safety parachute and a multi-camera payload, Trimble Gatewing UX5 system and Topcon eBee

. These sUAS all weigh less than 25 lbs, have a built-in capabilityto limitthe height itflies above the ground, to limitthe radius ofthe distance itflies from the operatorand includes a no fly zone feature. Each system also has the failsafe function ofthe autopilotsystem, which means when the communication between the main controller and the transmitter is lost; the system will automaticallytrigger Return to Home and will land safely. The above specifications meetstandards listed below, some derived in accordance with the Model Aircraft Operating Standards:

• The petitionerwill onlyoperate its sUAS in line ofsight ofa pilotand/orobserver and will operate at sites that are a 'sufficient distance' from populated areas within the sterile area described in the operator's manual. Such operations will insure thatthe sUAS will"not create a hazard to users ofthe national airspace system orthe public." • Under new FAA policy, "the FAA will grant a Certificate ofWaiverorAuthorization {COA) forflights at or below 200 feet to any UAS operatorwith aSection 333 exemption for aircraftthatweigh less than 55 pounds, operate during daytimeVisual Flight Rules {VFR) conditions, operate within visual line ofsight {VLOS) ofthe pilots, and stay certain distances awayfrom airports or heliports: • 5 nautical miles {NM) from an airport having an operational control tower; or • 3 NM from an airportwith a published instrumentflight procedure, but not an operational tower; or • 2 NM from an airportwithout a published instrumentflight procedure oran operational tower; or • 2 NM from a heliportwith a published instrumentflight procedure" • Flights requiring an additional COA for operations outside the above parameterswill be coordinated with the FAA. • Maximum flight time for each operational flightwill be 60 minutes. • Flights will be terminated at 25% battery power reserve should that occur priortothe 60-minute limit. • The sUA Vwill be programmed so that itwill not be operated at an altitude of no more than 400 feet AGL, unless otherwise approved bythe FAA. • Minimum crewfor each operation will consist ofthe sUAS Pilot and the Visual Observer. • The sUAS PIC's {Pilot in Command) will be an FAA licensed airman holding at a minimum an FAA Private Pilot Certificate and Third Class FAA Medical Certificate. • The sUAS operated by the petitionerweighs less than 55 pounds, including the payload {i.e. camera, lens, and gimbal).• The sUAS will operate at speeds ofno more than 100 knots. • Given the small size ofthe sUAS and the restricted sterile environmentwithin which theywill operate, oursUAS operations adhere to the Reform Act's safety requirements. Additionally, the fact thatthe MCKNIGHTAND ASSOCIATES, INC. pilots hold, at a minimum, an FAA Private Pilot Certificates demonstratesthatthey have a high regard to safe operationswith an understanding of FARs, preflight inspections, maintenance and repair, operations within airspace, as well as beingtrained to high safety standards. Underthe requested exemption MCKNIGHTAND ASSOCIATES, INC. ensures that all operators have completed a small unmanned aircraftsystems {UAS) education and training program including all applicable regulations and guidance documents; including aeronautical background information such as charts, NOTAMS and Aircraft Circulars; Radio Communications Procedures; Human Factors and Crew Resource Management; Basic Small UAS Aerodynamics; Weather Factors; Airmanship and Decision-Making and Safe Operating Procedures. Privacy will be paramountto MCKNIGHTAND ASSOCIATES, INC., and we will safeguard all data bystoring data on hard drives, and noton cloud-based software platforms unlessthere is asigned agreement in place with all personnel and private propertyowners in the photos orvideo. We respectfully request exemption underSection 333 to enable MCKNIGHTAND ASSOCIATES, INC. to operate safe, low-risk commercial sUA V operationsforthe activities stated. MCKNIGHTAND ASSOCIATES, INC. at all times will respect the space and privacy ofcitizens and propertywhilst keeping ourskies safe. MCKNIGHT AND ASSOCIATES, INC. will be utilizingthe same DJI and 3DR Robotics proven technologiesthe FAA has already scrutinized and approved forotherSection 333 exemptions. Furthermore, MCKNIGHT AND ASSOCIATES, INC. would like the FAAto considerthatthis request is based offofDocket# FAA-2014-0995-0001 and is not precedent setting. Sincerely, J. Sean McKnight, P.E.



# i~~ MCKNIGHT AND ASSOCIATES, INC., LLC P.O. Box 5 Fosston, MN 56542 218-435

- 1530

## EXEMPTION REQUESTS AND EQUIVALENT LEVEL OF SAFETY
MCKNIGHTAND ASSOCIATES, INC., LLC requests an exemption from the following regulations as well as any additional regulations that maytechnically apply to the operation ofthe sUAV System: 

## 14CFR Part 21, Airworthiness Certificates This part establishes the procedures forthe issuance ofan airworthiness certificate. While the FAA continues to work to develop airworthiness standards for Unmanned Aerial Systems, we request an FAA Modernization and Reform Act, Section 333 Exemption be issued forTarot 680 Pro, Skywalkerx-8 Plane and OJI Inspire sUAS underthe following provisions: 

## 14CFR 45.23 Display of marks; general and 45.29 Size of marks. These regulations provide that each aircraft must display "N" and the aircraft's registration number in letters at least 3 inches high. Additionally, the aircraft must displaythe word "EXPERIMENTAL" in letters at least 2 inches high nearthe entrance to the cabin, cockpit, or pilot station. The sUAV does not have an entrance in which the word "EXPERIMENTAL" can be placed, and may not have a registration numberassigned to it by the FAA. We propose to achieve an equivalent level ofsafety by including the word "EXPERIMENTAL" in the placard on the top ofthe aircraft, as shown above, where the PIC, VO and others in the vicinity ofthe aircraftwhile it is preparing for launch will be able to see the designation. Additionally, we feel that the permanent placard discussed in the previous paragraph will provide the aircraft's registration information atthe ground station. Finally, we will display atthe ground station a high contrast flag or bannerthat contains the words "Unmanned Aircraft Ground Station" in letters 3 inches high orgreater. Since the aircraftwill operate within view ofthe ground station, the banner should be visible to anyone that observes the aircraft and chooses to investigate its point of origin. 

## 14 CFR 61.113 Private pilot privileges and limitations: Pilot in Command and 61.133 Commercial pilot privileges and limitations. The regulation provides that no person that holds a Private Pilot certificate may act as pilot in Command ofan aircraft for compensation or hire. Subparagraph (b) allows a private pilot to act as pilot in command ofan aircraft in connection with any business or employment if: (1) Theflight is only incidental to that business or employment; and (2) The aircraft does not carry passengers or propertyfor compensation or hire. Our proposed operations require that the PIC must hold at least a Private Pilot Certificate issued by the FAA and since the aircraft cannot carrypassengers or property, we feel we meetthe intent of61.113 Subparagraph (b) even though the intent ofthis application is to conduct a business. 

## 14CFR 91.7 Prohibits the Operation ofan aircraft without an airworthiness certificate. As no such certificate will be applicable in the form contemplated by the F ARs, this Regulation is inapplicable. 

## 14CFR 91.9 Civil aircraft flight manual, marking, and placard requirements.
This regulation provides that no person may operate an aircraft unless a current, approved flight manual is in the aircraft. We assume thatthe intent ofthis requirement is to ensure thatflight manual information is available to the aircrewwhile 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 during flight operations. To obtain an equivalent level ofsafety and meetthe intent of91.9, we propose that a current, approved sUAS Flight Manual must be available to the crew at the ground station anytime the aircraft is in, or preparing for, flight. 

## 14CFR 91.109 Flight Instruction; Simulated instrumentflight and certain flight tests. The regulation states that "No person may operate a civil aircraftthat is being used for flight instruction unless that aircraft hasfully functioning dual controls." The sUAS System ground-based control station consists ofa small hand-held radio transmitter and while it does notoffera second set of "controls", both the student and instructor can, and will, operate the single set ofcontrols simultaneously. With both student and instructor having "hands-on" the controls during flight, we feel that this technique meets the intent 91.109 and provides an equivalent level ofsafety.



## 14CFR 91.119 Minimum safe altitudes: General. The regulation states that over sparsely populated areas the aircraft cannot be operated closerthan 500 feet to any person, vessel, vehicle, orstructure. Since the typical mission ofthe sUAS would be photography or survey ofpersons, vessels, vehicles orstructures itwould be necessary to operate closerthan 500 feet to the items listed. Operations will only be flown over property or persons where permission has been obtained and careful pre-planned has been performed. The aircraft will be operated at a low altitude allowing, ifa power unitfails, an emergency landing without undue hazard to persons or property on the surface.Therefore we maintain that dueto the small size ofthe UAS, the hazard to persons, vehicles and structures is minimal compared to manned aircraft, which should be considered in granting the exemption. 

## 14CFR 91.121Altimeter settings. The regulation requires that aircraft shall maintain cruising altitudes by reference to an altimeter setting available within 100 NM ofthe aircraft. The sUAS will alwaysfly below 600 feet AGL and will not need to maintain cruising altitudes in orderto prevent conflict with other aircraft. An Above Ground Level altimeter measurement above the takeoff point is transmitted via radio from the sUAS on-board computerto the display screen held by the PIC, providing a constantly updated AGL readout. 

## 14 CFR 91.151 Fuel requirements forflight in VFR conditions. The regulation provides that no person may begin a flight in an airplane under day-VFR conditions unless there is enough fuel to fly to the first pointof intended landing and to fly afterthatforat least 30 minutes. We feel the intention ofthis paragraph is to provide an energy reserve as a safety bufferfor delays to landing. The sUAS are battery operated and the maximum duration offlight from a single battery charge is 12-45 (depending on which sUAS) minutes with a 20% reserve. Since the aircraftwill neverfly more than 1/2 NM from the point of intended landing, a full battery charge at launch will ensurethatwe meetthe reserve energy requirement ofthis paragraph. We request an exemption to the word "fuel" and askfor an equivalent interpretation with the word "energy". We also request exemption from the 30 min reserve and askthat our reserve will be to fly the mission to the point of intended landing and have at least a 20% battery reserve afterthat. 

## 14CFR 91.203{a) 

## & {b) Civil aircraft: Certifications required. The regulation provides that an airworthiness certificate, with the registration number assigned to the aircraft and a registration certificate must be aboard the aircraft. Additionally, subparagraph (b) provides that the airworthiness certificate be "displayed atthe cabin or cockpit entrance so that it is legible to passengers or crew." The sUAS is too small to carry documentation, does not have an entrance, and is not capable ofcarrying passengers or crew. To obtain an equivalent level ofsafety and meetthe intent of91.203, we propose that documents deemed appropriateforthis aircraft by the FAAwill be collocated with the crew atthe ground control station and available for inspection upon request. In orderto identify the aircraft, we propose thatthe information found on airworthiness and registration certificates be permanently affixed to the aircraft via placard containing the following information plus the word "EXPERIMENTAL" to satisfythe requirement of 14 CFR 45.23.

## 14 CFR Subpart E(91.401- 91.417)- Maintenance, Preventive Maintenance, Alterations The regulation provides that the operator is primarily responsible for maintaining the aircraft in an airworthy condition, including compliance with part 39 and 43. Paragraphs 91.407 and 91.409 require thatthe aircraft be "approved for return to service by a person authorized under43.7" after maintenance and inspection. It is our intention that the PIC perform maintenance and inspection ofthe aircraft and "be authorized to approve the aircraftfor return to service." The PIC will ensure that the aircraft is in an airworthy condition priorto every flight and in addition, conduct detailed inspections after everytwo hours offlight. Maintenance performed bythe PIC is limited to repairing small cracks, replacing a propeller, checking electrical connections and updating software and firmware forthe onboard computer. All other maintenance will be performed by the manufacturerortheir designated repair facility. The PIC will documentwork performed in accordance with 91.417. We feel that due to the size, construction, and simplicity ofthe aircraft, the PIC can ensure an equivalent level ofsafety.