FAA Section 333 Exemption Request March 9, 2016

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March 9, 2016

U.S. Department of Transportation

Docket Operations, M-30

1200 New Jersey Avenue, SE

Room W12-140, West Building Ground Floor

Washington, DC 20590-0001

Re: Petition of Adam Kirk Engineering for an Exemption Pursuant to Section 333 of the

FAA Modernization and Reform Act of 2012 to Operate an Unmanned Aircraft System

Dear Sir or Madam:

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

and 14 C.F.R. Part 11, Adam Kirk Engineering seeks an exemption from the Federal Aviation

Regulations (“FARs”) listed below to allow commercial operation of unmanned aircraft systems

(UAS) for aerial imaging, video capture and surveying immediate and surrounding areas of

Georgetown, KY.

Adam Kirk Engineering anticipates that the majority of the work can be accomplished within the

“blanket” sub 200 foot COA recently granted to Section 333 civil exemption holders and public

UAS test sites. Adam Kirk Engineering will apply for a new or amended COA for all flights not

allowed under the blanket COA.

Exemption from the Federal Aviation Regulations ("FARs") listed below is sought for operation

of the DJI Phantom 3 Standard and DJI Inspire 1.

14 CFR 21; 14 CFR 45.23 (b); 14 CFR 61.113 (a) & (b); 14 CFR 407 (a)(1); 14 CFR 409 (a)(2);

14 CFR 417 (a) & (b).; 4CFR 45.23(b); 14 CFR Part 21; 14 CFR 61.113(a)&(b); 14 CFR 91,

91.7 (a) 91.9 (b) (2) 91.103(b); 91.109; 91.119; 91.121; 91.151(a); 91.203(a) & (b); 91.405 (a);

91.407 (a) (1); 91.409 (a) (2); 91.417 (a) & (b).

Adam Kirk Engineering is a consulting engineering firm comprised of professional engineers

that specialize in transportation operations and site development. Our staff includes ASEL

private pilots with experience with flying the DJI Phantom and the DJI Inspire 1 for recreational

and research purposes as well as the use of DJI’s Pilot software without incident.
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Table of Contents

The UAS: DJI Phantom and DJI Inspire 1 .......................................................3

Flight Applications.................................................................................4

Regulations for which Exemption is Requested ...............................................5

Conditions and Limitations ..................................................................... 11

Summary .......................................................................................... 16
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The UAS: DJI Phantom and DJI Inspire 1

The requested exemption will permit the operation of small, unmanned

multirotor aircraft, namely the DJI Phantom series and the DJI Inspire series.

Users all over the world have proven these UAS’s effective and safe and DJI also

continues to develop software and hardware to increase the safety of flying

UAS’s.

These systems are produced completely assembled and ready to fly straight from

DJI. Adam Kirk Engineering does not plan to make any modifications to the UAS

except for the addition of OEM propeller guards for enhanced safety purposes.

The four main characteristics of the Phantom series UASs by DJI are:

1. Very Light Weight

The Phantom series by DJI are light enough so that the operator can launch them

by hand and land them on most surfaces without requiring a parachute or landing

net. The low potential energy of the UAS also reduces the risk of hazardous

situations in case that a emergency landing is necessary. The rotor arms of the

Phantom series UAS are rounded with no sharp edges and we will also be utilizing

DJI’s recommended propeller guard system to increase the safety of our

personnel when launching and landing the UAS.

2. Electric Powered

The Phantom series UAS by DJI are electric powered and employ removable smart

batteries. The “Intelligent Flight Battery” developed by DJI is a LiPo 4S battery

that is capable of producing a flight time of up to 23 minutes. This flight time

would allow us to complete our flight plans with ease and without the worry of

our batteries running out of charge.

If our batteries do get low during a flight, the intelligent flight battery will warn

us by a series of beeps and on screen notifications so that we will have ample

time to find a safe area to land the UAS.

3. Semi-Automatic Flight

The artificial intelligence incorporated within the Phantom series UASs

continuously analyzes data from the Initial Measurement Unit, the onboard GPS,

and the newly available (Phantom models only) visioning positioning system.

These systems allow for the user to focus more on the data that they are trying

to capture and less on the actual flying of the drone.
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The new visioning positioning system uses visual and ultrasonic sensors to scan

the ground beneath the Phantom 3 for patterns, enabling it to identify it’s

position and move accurately while avoiding obstacles automatically.

4. Enhanced Autopilot Functionality

a. Auto-Takeoff

With one tap within the DJI Pilot application, the Phantom 3 will turn on

its motors and rise to a pre-set height. It will then hover perfectly in place

until our personnel directs it where to go.

b. Auto-Return Home

When GPS is available, the Phantom 3 remembers the exact spot that it

took off from. Whenever the aircraft is flying, our personnel can tap a

button within the DJI Pilot application to have it return to the place that

it took off from.

c. Failsafe

If the Intelligent Flight Battery is running low, or if the Phantom 3 loses

the connection with the remote controller for any reason, the aircraft will

automatically return to the takeoff point and land safely.

Flight Applications

The UAS will be flown in airspace under 400ft above ground level. Adam Kirk

Engineering will only fly the UAS under controlled conditions on restricted, rural,

or private property. The UAS will be used to monitor construction progress on

projects and capture current conditions to create 3D models.

1. Aerial Photography

Adam Kirk Engineering proposes to use the Phantom and Inspire to capture aerial

images and videos of proposed or ongoing projects. This data will be used to

visualize the space for planning or marketing purposes for proposed projects. For

ongoing projects, the data will be used to monitor construction progress.

2. Special Inspections

ADAM KIRK ENGINEERING proposes to use the DJI Phantom and DJI Inspire to

conduct special inspections of various engineering relevant job sites. In some

cases areas become unsafe for our personnel to physically identify problem

areas. Using the cameras on the UAS we will be able to explore areas that are

unsafe for our employees.
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3. Photogrammetry

ADAM KIRK ENGINEERING proposes using images taken from the UAS to compute

3D models of job sites or existing facilities for security or civil engineering

pertinent applications.

Regulations for which Exemption is Requested

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 UAS’s, an exemption from Part 21 Subpart H meets the

requirements of an equivalent level of safety under Part 11 and §333 of the

Reform Act. The Federal Aviation Act (49 U.S.C.§44701 (f)) and §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 and without the restrictions and conditions proposed.

The UAS’s to be operated by ADAM KIRK ENGINEERING are less than 5lbs. at

maximal payload capacity that consists of remote sensing instrumentation. The

UAS will not carry any persons, explosives or flammable materials including

combustible fuels, and the UAS will operate exclusively within a secured area.

Unlike other civil aircraft, operations under this exemption will be tightly

controlled and monitored by both the pilot (PIC) and the Spotter. These

enhancements to current safety practices and regulations, which already apply

to civil aircraft, provide a greater degree of safety to the public and property

owners than conventional aircraft operations conducted with airworthiness

certificates issued under 14 C.P.R. Part 21, Subpart H. Lastly, application of

these same criteria demonstrates that there is no intrinsic 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.P.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
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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 will have no entrance to

the cabin, cockpit or pilot station on which the word "Experimental" can be

placed. Given the size of the UAS, two- inch lettering will be impossible. ADAM

KIRK ENGINEERING understands the need for markings and will mark our UAS in

the largest possible lettering by placing the word “Experimental” or assigned

number or name (based on a request or ruling by the FAA) on its fuselage as

required by §45.29(f) so that anyone assisting the spotter will see the markings.

Further markings include the use of flashing green & red LED illumination on the

underside of the UAS frame, which adds contrast against a blue or white sky.

14 C.P.R. §61.113 (a) & (b): Private Pilot Privileges and Limitations: Pilot in

Command (PIC)

§61.113 (a) & (b) limit private pilots to non-commercial operations. Because the

UAS will not carry a pilot or passengers, the proposed operations can achieve the

equivalent level of safety of current operations by requiring a ground crew

member to have a private pilot's license rather than a commercial pilot's license

to operate this UAS. Unlike a conventional aircraft that carries the pilot and

passengers, the UAS is remotely controlled with no persons on board. The area

of operation is controlled and restricted, and all flights are planned and

coordinated in advance. The risks associated with the operation of the UAS are

so diminished from the level of risk associated with commercial operations

contemplated by Part 61 when drafted, that allowing operations as requested

with a private pilot in the ground crew exceeds the present level of safety

achieved by 14 C.P.R. §61.113 (a) & (b). ADAM KIRK ENGINEERING’s staff

professionals have experience flying numerous practice flights in remote areas

as a hobbyist simulating flights to increase the experience and skills needed for

flying a UAS. ADAM KIRK ENGINEERING also owns and practice on a computerized

simulated flight software to increase skill levels and gain knowledge of how to

maneuver the UAS safely at all times.

14 C.P.R. §91.7(a): Civil Aircraft Airworthiness

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

airworthy condition. As there will be no airworthiness certificate issued for the

aircraft, should this exemption be granted, no FAA regulatory standard will exist

for determining airworthiness. Given the size of the aircraft and the

requirements contained in the Manual for maintenance and use of safety

checklists prior to each flight an equivalent level of safety will be provided.
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14 C.P.R. §91.9 (b) (2): Civil Aircraft Flight Manual in the Aircraft.

§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

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 UAS, given its size and configuration has no

ability to carry a physical flight manual on the aircraft. The equivalent level of

safety will be maintained by keeping the flight manual at the ground control

point where the pilot flying the UAS 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.P.R. §91.1 03: Preflight Action

This regulation requires each Pilot in Command (PIC) 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. The

PIC will take all actions including reviewing weather, flight battery

requirements, landing and takeoff distances and aircraft performance data

before initiation of flight. Further, ADAM KIRK ENGINEERING will employ

manufacturer (DJI) preflight recommendations to guarantee that best practices

are implemented.
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DJI has implemented Firmware updates that limit flight around airports, along

with distance and elevation limits

14 C.P.R. §91.109: Flight Instruction

§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. UAS’s 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. Enhancing this

safety is the technology inherent in the remote controls utilizing digital

communications, which is paired to the UAS making it nearly impossible to

unintentionally or intentionally have the control communications interrupted.
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14 C.P.R. §91.119: Minimum Safe Altitudes

§91.119 establishes safe altitudes for operation of civil aircraft. §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 UAS

that closely mimics the behavior of a helicopter, and the exemption requests

authority to operate at altitudes up to 400 feet AGL, an exemption may be

needed to allow such operations. As set forth herein, the UAS will never operate

at higher than 400 feet AGL or beyond unaided visual line of sight, whichever is

closer. It will however be operated in a restricted area with individuals tasked

with ensuring public safety, and where buildings and people will not be exposed

to operations without their pre-obtained consent and training. 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 operation will be taken without

the permission of the property owner. Because of the advance notice to the

property owner and participants in the remote sensing activity, all affected

individuals will be aware of the planned flight operations. Compared to flight

operations with aircraft or rotor craft weighting far more than the maximum 5

lbs. of ADAM KIRK ENGINEERING's UAS’s proposed herein and the lack of

flammable fuel, any risk associated with these 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 UAS will ensure separation

between these small- UAS operations and the operations of conventional aircraft

that must comply with §91.119.

14 C.P.R. §91.121 Altimeter Settings

§91.121 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

UAS 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, confirming the altitude of the launch site shown on the GPS

altitude indicator before flight. The operator (PIC) will also ensure effective

pairing with multiple GPS sources to guarantee accurate detection of height.

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

§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 batteries powering the

UAS’s provide approximately 23 minutes of powered flight in hover mode without
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payload. ADAM KIRK ENGINEERING's UAS’s will not be able to meet the 30-minute

reserve requirement in 14 CPR §91.151. Operating the small UAS’s, 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 power, does not engender the type of risks that Section

91.151(a) was intended to alleviate given the size and speed of the small UAS’s.

ADAM KIRK ENGINEERING believes that an equivalent level of safety can be

achieved by limiting flights to 10-15 minutes or 25% of battery power whichever

happens first. This restriction would be more than adequate to return the UAS

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.

14 C.F.R. §91.203 (a) & (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’s fully loaded weigh no more than 5lbs. and are 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 UAS’s. An equivalent level of safety will be

achieved by keeping these documents at the ground control point where the pilot

flying the UAS will have immediate access to them, to the extent they are

applicable to the UAS’s. The FAA has issued numerous exemptions to this

regulation. A representative sample of other exceptions includes Exemption Nos.

9565, 9665, 9789, 9789A, 9797, 9797 A, 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. The operator, pursuant to the

flight manual, will provide maintenance. An equivalent level of safety will be

achieved because these small UAS’s 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
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no higher than 400 feet AGL. ADAM KIRK ENGINEERING will ensure that the UAS

is in working order prior to initiating flight and keep a log of any maintenance

performed. Moreover, ADAM KIRK ENGINEERING’s trained staff professionals are

familiar with the aircraft and are best suited to maintain the aircraft in an

airworthy condition to provide the equivalent level of safety.

Conditions and Limitations

ADAM KIRK ENGINEERING has reviewed the conditions and limitations given below

from one of the recent Section 333 exemptions granted and we are willing to

abide by the rules outlined below. New rules that are not listed below will also

be followed if required for an exemption.

1. Operations authorized by this grant of exemption are limited to the DJI

Phantom and Inspire series when weighing less than 55 pounds including payload.

Proposed operations of any other aircraft will require a new petition or a petition

to amend this exemption.

2. Operations for the purpose of closed-set motion picture and television filming

are not permitted.

3. The UA may not be operated at a speed exceeding 87 knots (100 miles per

hour). The exemption holder may use either groundspeed or calibrated airspeed

to determine compliance with the 87 knot speed restriction. In no case will the

UA be operated at airspeeds greater than the maximum UA operating airspeed

recommended by the aircraft manufacturer.

4. The UA must be operated at an altitude of no more than 400 feet above ground

level (AGL). Altitude must be reported in feet AGL.

5. The UA must be operated within visual line of sight (VLOS) of the PIC at all

times. This requires the PIC to be able to use human vision unaided by any device

other than corrective lenses, as specified on the PIC’s FAA-issued airman medical

certificate or U.S. driver’s license. 

6. All operations must utilize a visual observer (VO). The UA must be operated

within the visual line of sight (VLOS) of the PIC and VO at all times. The VO may

be used to satisfy the VLOS requirement as long as the PIC always maintains VLOS

capability. The VO and PIC must be able to communicate verbally at all times;

electronic messaging or texting is not permitted during flight operations. The PIC

must be designated before the flight and cannot transfer his or her designation

for the duration of the flight. The PIC must ensure that the VO can perform the

duties required of the VO.
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7. This exemption and all documents needed to operate the UAS and conduct its

operations in accordance with the conditions and limitations stated in this grant

of exemption, are hereinafter referred to as the operating documents. The

operating documents must be accessible during UAS operations and made

available to the Administrator upon request. If a discrepancy exists between the

conditions and limitations in this exemption and the procedures outlined in the

operating documents, 4 the conditions and limitations herein take precedence

and must be followed. Otherwise, the operator must follow the procedures as

outlined in its operating documents. The operator may update or revise its

operating documents. It is the operator’s responsibility to track such revisions

and present updated and revised documents to the Administrator or any law

enforcement official upon request. The operator must also present updated and

revised documents if it petitions for extension or amendment to this grant of

exemption. If the operator determines that any update or revision would affect

the basis upon which the FAA granted this exemption, then the operator must

petition for an amendment to its grant of exemption. The FAA’s UAS Integration

Office (AFS−80) may be contacted if questions arise regarding updates or

revisions to the operating documents.

8. Any UAS that has undergone maintenance or alterations that affect the UAS

operation or flight characteristics, e.g. replacement of a flight critical

component, must undergo a functional test flight prior to conducting further

operations under this exemption. Functional test flights may only be conducted

by a PIC with a VO and must remain at least 500 feet from other people. The

functional test flight must be conducted in such a manner so as to not pose an

undue hazard to persons and property.

9. The operator is responsible for maintaining and inspecting the UAS to ensure

that it is in a condition for safe operation.

10. Prior to each flight, the PIC must conduct a pre-flight inspection and

determine the UAS is in a condition for safe flight. The pre-flight inspection must

account for all potential discrepancies, e.g. inoperable components, items, or

equipment. If the inspection reveals a condition that affects the safe operation

of the UAS, the aircraft is prohibited from operating until the necessary

maintenance has been performed and the UAS is found to be in a condition for

safe flight.

11. The operator must follow the UAS manufacturer’s maintenance, overhaul,

replacement, inspection, and life limit requirements for the aircraft and aircraft

components.

12. Each UAS operated under this exemption must comply with all manufacturer

safety bulletins.
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13. Under this grant of exemption, a PIC must hold either an airline transport,

commercial, private, recreational, or sport pilot certificate. The PIC must also

hold a current FAA airman medical certificate or a valid U.S. driver’s license

issued by a state, the District of Columbia, Puerto Rico, a territory, a possession,

or the Federal government. The PIC must also meet the flight review

requirements specified in

14 CFR § 61.56 in an aircraft in which the PIC is rated on his or her pilot

certificate. 5

14. The operator may not permit any PIC to operate unless the PIC demonstrates

the ability to safely operate the UAS 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. PIC qualification flight hours and currency must be logged in a

manner consistent with 14 CFR § 61.51(b). Flights for the purposes of training

the operator’s PICs and VOs (training, proficiency, and experience-building) and

determining the PIC’s ability to safely operate the UAS in a manner consistent

with how the UAS will be operated under this exemption are permitted under

the terms of this exemption. However, training operations may only be

conducted during dedicated training sessions. During training, proficiency, and

experience-building flights, all persons not essential for flight operations are

considered nonparticipants, and the PIC must operate the UAS with appropriate

distance from nonparticipants in accordance with 14 CFR § 91.119.

15. UAS operations may not be conducted during night, as defined in 14 CFR §

1.1. All operations must be conducted under visual meteorological conditions

(VMC). Flights under special visual flight rules (SVFR) are not authorized.

16. The UA may not operate within 5 nautical miles of an airport reference point

(ARP) as denoted in the current FAA Airport/Facility Directory (AFD) or for

airports not denoted with an ARP, the center of the airport symbol as denoted

on the current FAA-published aeronautical chart, unless a letter of agreement

with that airport’s management is obtained or otherwise permitted by a COA

issued to the exemption holder. The letter of agreement with the airport

management must be made available to the Administrator or any law

enforcement official upon request.

17. The UA may not be operated less than 500 feet below or less than 2,000 feet

horizontally from a cloud or when visibility is less than 3 statute miles from the

PIC.

18. If the UAS loses communications or loses its GPS signal, the UA must return

to a pre-determined location within the private or controlled-access property.
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19. The PIC must abort the flight in the event of unpredicted obstacles or

emergencies.

20. The PIC is prohibited from beginning a flight unless (considering wind and

forecast weather conditions) there is enough available power for the UA to

conduct the intended operation and to operate after that for at least five

minutes or with the reserve power recommended by the manufacturer if greater.

21. Air Traffic Organization (ATO) Certificate of Waiver or Authorization (COA).

All operations shall be conducted in accordance with an ATO-issued COA. The

exemption holder may apply for a new or amended COA if it intends to conduct

operations that cannot be conducted under the terms of the attached COA. 6

22. All aircraft operated in accordance with this exemption must be identified

by serial number, registered in accordance with 14 CFR part 47, and have

identification (N−Number) markings in accordance with 14 CFR part 45, Subpart

C. Markings must be as large as practicable.

23. Documents used by the operator to ensure the safe operation and flight of

the UAS and any documents required under 14 CFR §§ 91.9 and 91.203 must be

available to the PIC at the Ground Control Station of the UAS any time the

aircraft is operating. These documents must be made available to the

Administrator or any law enforcement official upon request.

24. The UA must remain clear and give way to all manned aviation operations

and activities at all times.

25. The UAS may not be operated by the PIC from any moving device or vehicle.

26. All Flight operations must be conducted at least 500 feet from all

nonparticipating persons, vessels, vehicles, and structures unless:

a. Barriers or structures are present that sufficiently protect nonparticipating

persons from the UA and/or debris in the event of an accident. The operator

must ensure that nonparticipating persons remain under such protection. If a

situation arises where nonparticipating persons leave such protection and are

within 500 feet of the UA, flight operations must cease immediately in a manner

ensuring the safety of nonparticipating persons; and b. The owner/controller of

any vessels, vehicles or structures has granted permission for operating closer to

those objects and the PIC has made a safety assessment of the risk of operating

closer to those objects and determined that it does not present an undue hazard.

The PIC, VO, operator trainees or essential persons are not considered

nonparticipating persons under this exemption.

27. All operations shall be conducted over private or controlled-access property

with permission from the property owner/controller or authorized
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representative. Permission from property owner/controller or authorized

representative will be obtained for each flight to be conducted.

28. Any incident, accident, or flight operation that transgresses the lateral or

vertical boundaries of the operational area as defined by the applicable COA

must be reported to the FAA's UAS Integration Office (AFS−80) within 24 hours.

Accidents must be reported to the National Transportation Safety Board (NTSB)

per instructions contained on the NTSB Web site: www.ntsb.gov.
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Summary

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

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

within visual line of sight, and national security considerations - provides more than

adequate justification for the grant of the requested exemptions to permit ADAM KIRK

ENGINEERING to operate DJI Phantom series and DJI Inspire series for commercial

purposes.

Granting the requested exemption will benefit the public interest as a whole in many

ways, including (1) significantly improving safety and reducing risk by alleviating human

exposure to danger; (2) improving the quality of services ADAM KIRK ENGINEERING can

provide to its customers; and (3) decreasing operating costs related to site investigation

and inspection activities.

Adam Kirk, Ph.D., PE 

Owner

Adam Kirk Engineering

137 McClelland Springs Drive

Georgetown, KY 40324

859-421-2567

adam@adamkirkpe.com