# KARKON

K ARKON Corporation 973

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- 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 Sec tion 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 re lated 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 und er 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

K ARKON Corporation 973

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- 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 th at is: 1. Limited; 2. P redetermined ; 3. Access C ontrolled ; 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 natio nal 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

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# KARKON

K ARKON Corporation 973

- 403

- 9033 www.karkoncorp.net 

### 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 th e 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 deter mines 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 curren t 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 an y 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 Professio nal 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 operation al standards. No vehicle operated by KARKON will be modified from the manufacturers design unless specifically directed by the same manufacturer.

# KARKON

K ARKON Corporation 973

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### Business Advisors & Consultants Given the small size and weight of our sUASs, the applicant falls squarely within that zone of safety (an equ ivalent 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 b ound when conducting commercial operations under an FAA issued exemption include: 1. The s UAS 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 op erated at altitude of no more than 4 00 feet AGL or no more than 200 feet above an equivalent platfor m from which filming is planned; 7. sUAS Pilot will be Pilot in Command (PIC) 8. Minimum crew for each operation will consist of the s UAS pilot (PIC) and a visua l ob server (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;

# KARKON

K ARKON Corporation 973

- 403

- 9033 www.karkoncorp.net 

### 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 th e 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 meteo rological 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 5 0 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 pro perty holders will be obtained; 17. If the UAS loses communications with the remote controller or lo ses GPS signal, the UA S 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 em ergencies; 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 condu cted 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) Subp art 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 cri teria 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 air worthiness certificate without the restrictions and conditions proposed.

# KARKON

K ARKON Corporation 973

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- 9033 www.karkoncorp.net 

### Business Advisors & Consultants

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 excl usively 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 conven tional 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 a ircraft 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 “Experim ental” 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 i ts 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.

# KARKON

K ARKON Corporation 973

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- 9033 www.karkoncorp.net 

### Business Advisors & Consultants The equivalent level of safety wi ll 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 b e 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 ai rcraft, 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 fu lly 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 aircr aft 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 n ot 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 individua ls 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

# KARKON

K ARKON Corporation 973

- 403

- 9033 www.karkoncorp.net 

### Business Advisors & Consultants operations is far less tha n 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 wit h 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 altime ter 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 Che ck 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 exempti on 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. Additionall y, 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 w hichever 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, 10 673, and 10808.

# KARKON

K ARKON Corporation 973

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- 9033 www.karkoncorp.net 

### 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 followin g: 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 th e 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 t o 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 Inspect ions. 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 r epaired 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 restricte d 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 fl ight, 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 safe ty. 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

# KARKON

K ARKON Corporation 973

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- 9033 www.karkoncorp.net 

### Business Advisors & Consultants to the ground, and in a sterile environment and, as a result, are far safer than conventional operations conducted with turbine helicopter s 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 consente d 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 abo ve. Sincerely, Kenneth Kahn Sole Proprietor KARKON 639 Princeton St New Milford, NJ 07646 Ken@karkoncorp.net 973

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