KARKON

KARKON Corporation 973-403-9033 www.karkoncorp.net 

Business Advisors & Consultants

Federal Aviation Administration

US Department of Transportation

Docket Management System

1200 New Jersey Ave. S.E

Washington, DC 20590

To Whom It May Concern:

This application is being submitted on my own behalf.

Pursuant to Section 333 of the FAA Modernization and Reform Act of 2012 (the Reform Act) 

and 14 C.F.R. Part 11, KARKON, hereby seeks and applies for an exemption to the Federal 

Aviation Regulations (FARs) to allow KARKON to operate Small Unmanned Aircraft Systems 

(sUAS and UAS) commercially in airspace regulated by the Federal Aviation Administration 

(FAA) under the conditions and limitations set forth in this petition or as may be established by 

the FAA as required by Section 333.1. The requested exemption would permit KARKON to 

operate sUAS for the purpose of providing:

 Aerial photography and/or video for public and/or private use including real estate, 

architecture, land surveying, engineering, construction and other related professional 

activities;

 Aerial video and/or photography for public and/or private use including television, public 

events, cinematography and news gatherings;

 Aerial inspection/photography of residential/commercial structures, either existing or under 

construction, under contract with the owners or local government authority;

 Aerial inspection/photography of residential/commercial utility and transportation 

infrastructure included but not limited to electrical power lines, wind turbines, rail tracks, and 

cell towers;

 Aerial video/photography or providing live video feed to assist with rescue and recovery 

operations in cases of an emergency or natural disaster only when the local authorities or 

government has requested it in writing and with the proper authority;

 The ability to offer training to persons or individuals belonging to both private and/or public 

organizations that have interests in the use and application of UAS for the purpose of the safe 

operation of a UAS to enhance the safety of national aerospace system (NAS) as well as for 

protection of the persons and property.
KARKON

KARKON Corporation 973-403-9033 www.karkoncorp.net 

Business Advisors & Consultants

As described more fully below, the requested exemption would permit the operation of small, 

unmanned and relatively inexpensive sUAS under controlled conditions in airspace that is:

1. Limited;

2. Predetermined;

3. Access Controlled;

4. A safety enhancement by limiting exposure of flight and ground crews, vehicles, and 

structures to the weight, speed, fuel consumption, and paths of conventional aircraft 

presently used in the NAS for these types of activities.

Approval of this exemption would thereby enhance safety and fulfill the Secretary of 

Transportation’s (the FAA Administrator’s) responsibilities to “...establish requirements for the 

safe operation of such aircraft systems in the national airspace system.” Section 333(c) of the 

Reform Act. The name and address of the applicant is:

KARKON

Contact: Kenneth Kahn

639 Princeton St

New Milford, NJ 07646

973-403-9033
KARKON

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Business Advisors & Consultants

Regulations from which the exemption is requested:

14 CFR 61.113 (a) & (b) 14 CFR 91.9 (b) (2) 14 C.F.R. 91.103 14 C.F. R. 91.119 14 C.F.R. 91.121 14 

CFR 91.151 (a) 14 CFR 91.405 (a) 14 CFR 407 (a) (1) 14 CFR 409 (a) (2) 14 CFR 417 (a) & (b)

This exemption application is expressly submitted to fulfill Congress’ goal in passing Section 

333(a) through (c) of the Reform Act. This law directs the Secretary of Transportation to 

consider whether certain unmanned aircraft systems may operate safely in the national 

airspace system (NAS) before completion of the rulemaking required under Section 332 of the 

Reform Act. In making this determination, the Secretary is required under Reform Act § 333(b) 

to determine which types of UASs do not create a hazard to users of the NAS or the public or 

pose a threat to national security in light of the following:

• The UAS’s size, weight, speed, and operational capability; 

• Operation of the UAS in close proximity to airports and populated areas; and 

• Operation of the UAS within visual line of sight of the operator. 

Lastly, if the Secretary determines under Reform Act § 333(c) that such vehicles “may operate 

safely in the national airspace system, the Secretary shall establish requirements for the safe 

operation of such aircraft in the national airspace system.”

The Federal Aviation Act expressly grants the FAA the authority to issue exemptions. This 

statutory authority by its terms includes exempting civil aircraft, as the term is defined under 

§40101 of the Act, that includes sUASs, from the requirement that all civil aircraft must have a 

current airworthiness certificate.

Applicant interprets this provision to place the duty on the Administrator to not only process 

applications for exemptions under section 333, but for the Administrator to craft conditions for 

the safe operation of the sUAS, if it should be determined that the conditions set forth herein 

do not fulfill the statutory requirements for approval. 

The Administrator may grant an exemption from a requirement of a regulation prescribed 

under subsection (a) or (b) of this section or any sections 44702-44716 of this title if the 

Administrator finds the exemption in the public interest. 49 U.S.C. §44701(f) See also 49 USC 

§44711(a); 49 USC §44704; 14 CFR §91.203 (a) (1). 

The primary vehicle to be used will be the DJI Phantom 3 Professional or DJI Phantom 2 Vision+. 

While vehicles may be upgraded as new technological and safety advanced occur the bar for 

operation and safety will be set by DJI Phantom 2 Vision + and any new vehicles or versions will 

exceed the current safety and operational standards. No vehicle operated by KARKON will be 

modified from the manufacturers design unless specifically directed by the same manufacturer.
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Given the small size and weight of our sUASs, the applicant falls squarely within that zone of 

safety (an equivalent level of safety) in which Congress envisioned that the FAA must, by 

exemption, allow commercial operations of UASs to commence immediately. Also due to the 

size of the UASs and the restricted areas in which the relevant sUASs will operate, approval of 

the application presents no national security issue. Given the clear direction in Section 333 of 

the Reform Act, the authority contained in the Federal Aviation Act, as amended; the strong 

equivalent level of safety surrounding the proposed operations, and the significant public 

benefit, including enhanced safety, reduction in environmental impacts, including reduced 

emissions associated with allowing UASs for photography, the grant of the requested 

exemptions is in the public interest. Accordingly, the applicant respectfully requests that the 

FAA grant the requested exemption without delay. 

AIRCRAFT AND EQUIVALENT LEVEL OF SAFETY 

The applicant proposes that the exemption requested herein apply to civil aircraft that have the 

characteristics and that operate with the limitations listed herein. Such operations will insure 

that the sUAS will “not create a hazard to users of the national airspace system or the public.” 

These limitations provide for at least an equivalent or even higher level of safety to operations 

under the current regulatory structure because the proposed operations represent a safety 

enhancement to the already safe filming operations conducted with conventional aircraft. 

These limitations and conditions to which KARKON agrees to be bound when conducting 

commercial operations under an FAA issued exemption include: 

1. The sUAS will weigh less than 5 lbs.;

2. Flights will be operated within line of sight of the pilot in command and/or 

observer;

3. The UAS will weigh less than 55 lbs.;

4. The UAS will have a maximum operating speed of no more than 100 mph;

5. Maximum flight time for each operational flight will be 30 minutes. Flights will be 

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

occurs first;

6. Flights will be operated at altitude of no more than 400 feet AGL or no more than 

200 feet above an equivalent platform from which filming is planned;

7. sUAS Pilot will be Pilot in Command (PIC) 

8. Minimum crew for each operation will consist of the sUAS pilot (PIC) and a visual 

observer (VO), the latter of which may serve as camera operator;

9. The UAS pilot designated as Pilot in Command (PIC) will have a minimum of 20 

hours of flight time with the make and model of UAS being used, will hold a private 

pilot’s license with a valid Third Class Medical Certificate, and will possess a current 

State Drivers License;
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Business Advisors & Consultants

10. No changes to PIC will be made from the time that pre-flight is to be performed 

through the landing of a given flight; 

11. A briefing will be performed between no less than the PIC and VO regarding the 

planned UAS operations prior to each day’s flight consisting of all days production 

activities;

12. All flights will occur under visual flight rules meteorological conditions (VFR only);

13. The operator will obtain verbal/written consent of all persons involved with the 

planned operations and ensure only consenting persons will be allowed within 50 

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 

advance permission of the FFDO, operations at closer range may be approved;

14. The PIC and VO will have been trained in operation of UAS and receive up-to-date 

information for the particular UAS to be operated;

15. The PIC and VO will be able to communicate by voice at all times;

16. Written and/or oral permission from the relevant property holders will be obtained;

17. If the UAS loses communications with the remote controller or loses GPS signal, the 

UAS will have the capability to return to a pre-determined location within a 

designated location and land;

18. The sUAS will have the capability to abort a flight in case of unpredicted obstacles or 

emergencies;

19. PIC will set the UAS to automatically return home in event PIC is incapacitated.

As of March 23, 2015, the FAA will automatically grant a "blanket" COA for flights at or below 

200 feet to any UAS operator with a Section 333 exemption, provided the aircraft weighs less 

than 55 pounds, operations are conducted during daytime Visual Flight Rules (VFR) conditions 

and within visual line of sight (VLOS) of the PIC, and stay certain distances away from airports or 

heliports.

14 C.F.R. Part 21, Subpart H: Airworthiness Certificates 14 C.F.R. §91.203 (a) (1) Subpart H, 

entitled Airworthiness Certificates, establishes the procedural requirements for the issuance of 

airworthiness certificates as required by FAR §91.203 (a) (1). Given the size and limited 

operating area associated with the aircraft to be utilized by the Applicant, an 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. The Federal Aviation Act (49 U.S.C.§44701 (f)) and Section 333 

of the Reform Act both authorize the FAA to exempt aircraft from the requirement for an 

airworthiness certificate, upon consideration of the size, weight, speed, operational capability, 

and proximity to airports and populated areas of the particular UAS. In all cases, an analysis of 

these criteria demonstrates that the UAS operated without an airworthiness certificate, in the 

restricted environment and under the conditions proposed will be at least as safe, or safer, than 

a conventional aircraft (fixed wing or rotorcraft) operating with an airworthiness certificate 

without the restrictions and conditions proposed.
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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 area. Unlike other civil aircraft, operations under this exemption will be tightly 

controlled and monitored by the operator. 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 C.F.R. Part 21, Subpart H. 

Lastly, application of these same criteria demonstrates that there is no credible threat to 

national security posed by the UAS, due to its size, speed of operation, location of operation, 

lack of explosive materials or flammable liquid fuels, and inability to carry a substantial external 

load. 

14 C.F.R. § 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 letters not less than 2 inches nor more than 6 inches high, the 

words "limited," "restricted," "light-sport," "experimental," or "provisional," 

as applicable.

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

the UAS has no entrance to a cabin, cockpit or pilot station on which the word “Experimental” 

can be placed. Given the size of the sUAS, two-inch lettering will be impossible. The word 

“Experimental” will be placed on the fuselage in compliance with §45.29 (f).

The equivalent level of safety will be provided by having the sUAV marked on its fuselage as 

required by §45.29 (f) where the pilot, observer and others working with the sUAV will see the 

identification of the UAS as “Experimental.”

No person may operate a U.S.-registered civil aircraft ...

For which an Airplane or Rotorcraft Flight Manual is not required by §21.5 of 

this 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.

The sUAS, given its size and configuration has no ability or place to carry such a flight manual on 

the aircraft, not only because there is no pilot on board, but because there is no room or 

capacity to carry such an item on the aircraft.
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The equivalent level of safety will be maintained by keeping the flight manual at the ground 

control point where the pilot flying the sUAS will have immediate access to it. The FAA has 

issued the following exemptions to this regulation: Exemption Nos. 8607, 8737, 8738, 9299, 

9299A, 9565, 9565B, 10167, 10167A, 10602, 32827, and 10700. 

14 C.F.R. § 91.103: Preflight action. This regulation requires each pilot in command to take 

certain actions before flight to insure the safety of flight. As FAA approved rotorcraft flight 

manuals will not be provided for the aircraft an exemption will be needed. An equivalent level 

of safety will be provided by the PIC in checking the sUAS before each flight for physical 

condition, calibration of instruments as required by the sUAS manual, and ensuring that all 

flight surfaces and controls are consistent with safe flight. The PIC will take all actions including 

reviewing weather, flight battery requirements, landing and takeoff distances and aircraft 

performance data before initiation of flight. 

14 C.F.R. §91.109: Flight instruction. Section 91.103 provides that no person may operate a civil 

aircraft (except a manned free balloon) that is being used for flight instruction unless that 

aircraft has fully functioning dual controls. sUASs and remotely piloted aircraft, by their design 

do not have fully functional dual controls. Flight control is accomplished through the use of a 

control box that 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 Exemption Nos.5778K & 9862A. 

The equivalent level of safety provided by the fact that neither a pilot nor passengers will be 

carried in the aircraft and by the size and speed of the aircraft. 

14 C.F.R. §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. As this exemption is for a sUAS that is a 

helicopter 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, except for the limited conditions stated in 

the Manual, the UAS will never operate at higher than 400 AGL. It will however be operated in a 

restricted area with security perimeter, where buildings and people will not be exposed to 

operations without their pre-obtained consent.

The equivalent level of safety will be achieved given the size, weight, speed of the UAS as well 

as the location where it is operated. No flight will be taken without the permission of the 

property owner or local officials. Because of the advance notice to the property owner and 

participants in the filming activity, all affected individuals will be aware of the planned flight 

operations. Compared to flight operations with aircraft or rotorcraft weighing far more than the 

maximum 55lbs. proposed herein and the lack of flammable fuel, any risk associated with these 
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operations is far less than those presently presented with conventional aircraft operating at or 

below 500 AGL. In addition, the low-altitude operations of the sUAS will ensure separation 

between these sUAS operations and the operations of conventional aircraft that must comply 

with Section 91.119. 

14 C.F.R. §91.121 Altimeter 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 the sUAS 

may not have a barometric altimeter, but instead a GPS altitude read out, an exemption may be 

needed. An equivalent level of safety will be achieved by the operator, pursuant to the Manual 

and Safety Check list, confirming the altitude of the launch site shown on the GPS altitude 

indicator before flight. 

14 C.F.R. § 91.151(a): Fuel Requirements for Flight in VFR Conditions. Section 91.151 (a) 

prohibits an individual from beginning “a flight in an airplane 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 – (1) During the day, to fly after that 

for at least 30 minutes; or (2) At night, to fly after that for at least 45 minutes.” The battery 

powering the sUAS provides approximately 30 minutes of powered flight. To meet the reserve 

requirement in 14 CFR §91.151, sUAS flights would be limited to no more than 20 minutes in 

length. Given the limitations on the UAS’s proposed flight area and the location of its proposed 

operations within a predetermined area, a longer time frame for flight in daylight or night VFR 

conditions is not required.

Applicant believes that an exemption from 14 CFR §91.151(a) falls within the scope of prior 

exemptions. See Exemption 10673 (allowing Lockheed Martin Corporation to operate without 

compliance with FAR 91.151 (a)). Operating the sUAS in a tightly controlled area where only 

people and property owners or official representatives who have signed waivers will be 

allowed, with less than 30 minutes of reserve fuel, does not engender the type of risks that 

Section 91.151(a) was intended to alleviate given the size and speed of the sUAS. Additionally, 

limiting sUAS flights to no more than 20 minutes would greatly reduce the utility for which the 

exemption will be granted.

Applicant believes that an equivalent level of safety can be achieved by limiting flights to 20 

minutes or 25% of battery power whichever happens first. This restriction would be more than 

adequate to return the sUAS to its planned landing zone from anywhere in its limited operating 

area.

Similar exemptions have been granted to other operations, including Exemptions 2689F, 5745, 

10673, and 10808. 
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Business Advisors & Consultants

14 C.F.R. §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) of this 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 or crew.

The UAS fully-loaded weighs no more than 55 lbs and is operated without an onboard pilot. As 

such, there is no ability or place 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 point where the pilot flying the sUAS will have immediate access to them, to 

the extent they are applicable to the sUAS. The FAA has issued numerous exemptions to this 

regulation. A representative sample of other exceptions includes Exemption Nos. 9565, 9665, 

9789, 9789A, 9797, 9797A, 9816A, and 10700. 

14 C.F.R. §91.405 (a); 407 (a) (1); 409 (a) (2); 417(a) & (b): Maintenance Inspections. These 

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 operator 

pursuant to the flight manual. An equivalent level of safety will be achieved because these 

small UASs are very limited in size and will carry a small payload and operate only in restricted 

areas for limited periods of time. If mechanical issues arise the UAS can land immediately and 

will be operating from no higher than 400 feet AGL. As provided in the Manual, the operator 

will ensure that the UAS is in working order prior to initiating flight, perform required 

maintenance, and keep a log of any maintenance performed. Moreover, the operator is the 

person most familiar with the aircraft and best suited to maintain the aircraft in an airworthy 

condition to provide the equivalent level of safety.

The operation of small UASs, weighting less than 55 lbs., conducted in the strict conditions 

outlined above, will provide an equivalent level of safety supporting the grant of the 

exemptions requested herein, including exempting the applicant from the requirements of Part 

21 and allowing commercial operations. These lightweight aircraft operate at slow speeds, close 
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to the ground, and in a sterile environment and, as a result, are far safer than conventional 

operations conducted with turbine helicopters operating in close proximity to the ground and 

people. 

Privacy. All flights will occur over private or controlled access property with the property 

owner’s prior consent and knowledge. Any people in the area that might be filmed will have 

also consented to being filmed or otherwise have agreed to be in the area where filming will 

take place.

Satisfaction of the criteria provided in Section 333 of the Reform Act of 2012--size, weight, 

speed, operating capabilities, proximity to airports and populated areas and operation within 

visual line of sight and national security – provide more than adequate justification for the 

grant of the requested exemptions allowing commercial operation of applicant’s UAS for the 

purposes and under the conditions stated above.

Sincerely,

Kenneth Kahn

Sole Proprietor

KARKON

639 Princeton St

New Milford, NJ 07646

Ken@karkoncorp.net

973-403-9033