U.S. Department of Transportation

Docket Management System 1200 New Jersey Ave., SE Washington, DC 20590
Re: Exemption Request under Section 333 of the FAA Reform Act and Part 11 of the Federal Aviation Regulations
To Whom It May Concern:

Pursuant to Section 333 of the FAA Modernization and Reform Act of 2012 (the “Reform Act”) and 14 C.F.R. Part 11, Kestrel Flight Solutions (hereinafter referred to as “Kestrel”) utilizing the DJI Inspire 1 and DJI Phantom Series small Unmanned Aircraft Systems (“UAS”) seeks an exemption from the Federal Aviation Regulations (“FARs”) listed below and discussed in Appendix A. Kestrel is a Florida Corporation whose mission is to promote the responsible development of UAS industry and encourage the preparation of the emerg ing work force within the industry. Details of the DJI Inspire 1 and DJI Phantom Series and their OEMs are described in Appendix B. A summary of this request is attached as Appendix C.
Kestrel is comprised of Insurance professionals determined to revoluti onize the claims process and catastrophe response process with the use of UAS’s and technology. As a tech start up Kestrel plans to serves as a training, development, and employment firm for retired U.S. veterans and service members. Or goal is to provide veterans with high paying and engaging careers. Reasons for Exemption request

 Training
 Aerial i nspections and mapping
 Infrastructure inspection
 Videography
 Search and Rescue
The requested exemption would address the current problem with the introduct ion of UAS activity into the National Air Space. The sales of both consumer and professional UAV’s have been soaring (punintended) and new UAS models are introduced into the market by both existing UAS companies and a

myriad of startups. DJI affirms that it currently possesses 50% of the recreational UAS market and sells 30,000 units every month the Phantom drone to a variety of new and existing owners. Where have these new owners been trained and how comprehensive has their training been? Have they been t rained to just maneuver the UAV or have they been educated properly using a well

- developed, formal curriculum in the operation and application of the UAS in an operational context? In the absence of regulatory guidance for training programs and in an effort to work with the FAA as it develops appropriate FAA guidance in this area, Kestrel Flight Solutions wishes to formally develop a UAS training curriculum that meets the standards established for courses that meets both the professional needs of the emergi ng market while also meeting the legal and regulatory expectations of the FAA. Our intent is to create a training program that would be certified by the FAA as a Part 61 or Part 141 program while also satisfying the needs of existing industries that will m ake use of the pilots. In the meantime, we would develop a training program that is encompassing and would introduce safe, professional, and certified operators into the fledgling UAS industry. Such a program could serve as a model for other such programs and an invaluable FAA resource.
Operations under the exemption will be subject to strict operating requirements to ensure an equivalent level of safety as may be modified by the FAA as required by Section 333.
As described more fully below, the requested exemption would authorize Kestrel to perform research, development, and delivery of formally constructed training curriculum to include applications like operations of aerial inspections and surveys using the DJI Inspire 1, which at 2935g is small in size and powered electrically by battery. The DJI Inspire 1 will be operated under controlled conditions at low altitude within airspace that is limited in scope. The DJI Inspire 1 is designed to be operated by one person but flight operations can involve two people: an operator and an observer. The operator is responsible for flying the UAS, monitoring its status, flight dynamics, maintaining visual line of sight, and keeping the flight within the specified factory limits to ensure safe operation of the UAS it self. The observer, through control of the unobstructed 360 degree view from its camera, is capable of monitoring the airspace for other aircraft and hazards while instructing the operator before and during flight as necessary to ensure safe operation. The operator also will be an individual who has passed an FAA approved or equivalent ground training exam and authorized program. Finally, if needed, the airspace in which Kestrel will operate will be disclosed to and approved by the FAA in advance.

Kestrel respectfully submits that because these small, unmanned aerial systems
– The DJU Inspire and DJI Phantom
– will be used by competently trained operators in lieu of comparatively hazardous operations now conducted with fixed wing and rotary conventional aircraft, the FAA can be confident that the operations will achieve at least an equivalent level or greater level of safety. Approval of this exemption would thereby enhance safety and fulfill the Secretary of Transportation’s and the FAA’sresponsibilities u nder Section 333(c) of the Reform Act to “establish requirements for the safe operation

of such aircraft systems in the national airspace system.”
The name and address of the applicant are:
Kestrel Flight Solutions Attn: Cory Shelton Ph: 386.631.3815 Email: Cory.Shelton@KestrelUAS.com Address: 90 Waverly Dr E101 Frederick MD, 2 1702

The Secondary contact for this application is: Alan Monahan
– Alan
. Monahan@KestrelUAS.com, 717
- 275
-4890

The regulations from which the exemption is requested are as follows: 14 C.F.R. Part 21; 14 C.F.R. 45.23(b); 14 C.F.R. 61.113(a) & (b); 14 C.F.R. 61.133(a); 14 C.F.R. 91.7(a); 14 C.F.R. 91.9(b)(2) & (c); 14 C.F.R. 91.103; 14 C.F.R. 91.109(a); 14 C.F.R. 91.119; 14 C.F.R. 91.151(a);14 C.F.R. 91.203(a) & (b);

14 C.F.R . 91.405(a); 14 C.F.R. 91.407(a)(1); 14 C.F.R. 91.409(a)(2); 14 C.F.R. 91.417(a).

THE APPLICABLE LEGAL STANDARD UNDER SECTION 333
Kestrel Flight Solutions (hereinafter referred to as “Kestrel”) s ubmit that granting this exemption application for use of the DJI Inspire and DJI Phantom for research and development of formally constructed training curriculum to include applications like surveying, mapping, and inspection operations will advance the Congre ssional mandate in Section 333 of the Reform Act to accelerate the introduction of UASs into the national airspace system (“NAS”) if it can be accomplished safely. This law directs the Secretary of Transportation to consider whether certain companies and U ASs may operate safely in the NAS before completion of the rulemaking required under Section 332 of the Reform Act. In making this determination, the Secretary is required to determine which types of UASs do not create a hazard to users of the NAS or the p ublic 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 populated areas; and Operation of the UAS within visual line of sight of the opera tor.
Reform Act § 333(a)(1). If the Secretary determines 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.” Id. §333( c).If the Secretary decides 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.” Id. §333(c). Kestrel believes the provisions found in section 333 of the Reform Act creates an obligation for the FAA to process applications for exemption and, if necessary, for the FAA to create standards for safe use if such standards proposed in this petition for exemption fail to meet st atutory requirements for approval.
The authority for the FAA to issue such an exemption is expressly granted in The Federal Aviation Act. This statutory authority’s terms include an exemption for civil aircraft, as defined under §40101 of the Federal Avia tion Act, and includes UASs, with the intent to exempt such from the mandate that every civil aircraft be required to possess a valid airworthiness certificate.
Kestrel’s UASs are rotorcraft with a combined weight, including any necessary added filming, i nspection, or surveying equipment, of 55 lbs or less. The UASs are capable of moving in vertical and horizontal positions at the same time. The UASs can hover and are restricted to speeds of no more than 50mph as implemented by the duly trained operator. T he UASs operations will always be conducted within the line of sight of the operator and will be limited to the confines of a properly secured area. This application for exemption strongly expresses that the structure and operations of these UASs will “not create a hazard to users of the national airspace system or the public.” Reform Act 333 (b). Mandatory operating conditions and what constitutes and properly secured area are set forth below.
The applicant seeks to have this exemption cover only civil ai rcraft as described therein this petition and subject to the limitations proposed within this petition or as should be found necessary by the FAA. Grant of the exemption to The Coalition will be subject to the following mandatory conditions, which are base d upon operating conditions set forth for operation of UAS by public entities pursuant to Certificates of Authorization, with additional restrictions:
The total combined weight of the UASs and attached equipment will weigh 55 pounds or less. At all times the pilot will operate the UAS in an unbroken visual line of sight (VLOS). No flight operations will fly for more than 30 consecutive minutes without first landing and changing the batteries and conducting necessary safety checks. Once the battery is at 30% the operator must begin return to ground procedures. The UASs are not permitted to operate below 20% battery. Maximum flight altitude shall not exceed 400 Above Ground Level.Operations to occur during daylight hours.

A minimum 2 person crew consisting of the UAS Pilot and Visual Observer/Camera Operator. The UAS Pilot must have at least 20 documented hours operating UAS. The UAS Pilot must have the requisite knowledge about the components required to build and maintain the particular type of UASs type they are operating. UASs will only operate in a properly secured area A UAS may not operate unless persons within 50ft of operations have consented to being in the secured area, as provided in the Kestrel’s pre operations safety manual. With certain enhanc ed safety procedures the required radius may be reduced as low as 30ft All operations conducted in vicinity of airport to remain within the boundaries of authorized location and so as to adhere to any conditions set forth in that authorization. A UAS will not operate in conditions were winds speeds exceed 30 miles per hour. Operations shall not be permitted in areas that do not have the consent of the property owners. In the case of emergency, loss of communications or other malfunction, the UASs are preset to be able to return to a pre specified location in a safe manner. The UASs can abort a flight in unexpected situations or other emergencies. All required permissions and permits will be obtained from territorial, state, county or city jurisdictions, incl uding local law enforcement, fire, or other appropriate governmental agencies.
14 C.F.R. Part 21, Subpart H: Airworthiness Certificates 14 C.F.R. §91.203 (a) (1)
FAR §91.203 (a) (1) requires the establishment of a process for the granting of airworthines s certificates. The process for obtaining an airworthiness certificate is provided for in 14 C.F.R., Subpart H, titled Airworthiness Certificates. The small size of the UASs and limited perimeter of the secured operations area allow for an equivalent level of safety as envisioned in Part 11 and Section 333 of the reform act. The FAA is permitted to exempt aircraft from the airworthiness certificate requirement as provided in The Federal Aviation Act (49 U.S.C.§44701 (f)) and Section 333 of the Reform Act. A n exemption may be permitted after consideration of the size, weight, speed, operational capability, distance from airports and amount of persons near areas of operation. A careful consideration of these factors makes it clear that UASs, lacking an airwort hiness certificate, but, implementing the proposed conditions and restrictions, can operate just as safe if not safer than conventional aircraft with an airworthiness certificate.The UASs weigh less than 55 lbs with a full load and cannot carry a pilot o r hold any passengers. The

UASs do not carry fuel or any other explosive or flammable liquids, and will only be operated within the properly secured area. The UAS weighs less than 55 lbs. including payloads and uses a battery for power and is carried to/from the area of activity. This removes the need for airborne pilots/observers, and poses less risk to people and infrastructure on the ground. The petition for exemption will only allow for tightly controlled and very closely observed operations as describe d in this request for exemption. The FAA will be informed in advance of the operations area and all local laws will be followed and abided by. Kestrel’s UAS operations without an airworthiness certificate will be as safe or safer than conventional aircraft operating with an airworthiness certificate because of the conduct limitations provided for in this petition that are inapplicable to the latter. Additionally, the proper development of a UAS Pilot curriculum through an instructional process will insure s afe future operators of UAS for these tasks.
No national security issues are raised by the grant of the requested exemptions. Given the size, load carrying capacity, speed at which it operates, and the fact that it carries no explosives or other dangerous materials, the DJI Inspire poses no threat to national security.
14 C.F.R. § 45.23 & 91.9(c): Marking of the Aircraft.
Regulation 45.23 provides: (a) Each operator of an aircraft must display on that aircraft marks consisting of the Roman capital letter “N” (denoting United States registration) followed by the registration number of the aircraft. Each suffix letter used in the marks displayed must also be a Roman capital letter. (b) When marks include only the Roman capital letter “N” and the registratio n 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. Regulation 91.9(c) provides: No person may operate a U.S.

- registered civil aircraft unless that aircraft is identified in accordance with part 45 of this chapter.
Neither the DJI Phantom nor the DJI Inspire has an entrance to the cabin, cockpit, or pilot station on which the markings can be placed. Given the size of the UAS, two

- inch lettering will be impossibl e. Official marking systems for small UAS have not yet been established for operations inside the NAS. The UASs are currently marked with a fixed label DJI measuring 1.5” x 0.5” as well as a serial number located under the body. Kestrel is prepared to mark the inspection system with the name of the organizationand location or origin and fulfill any other request by the FAA to this topic in accordance to § 45.29(f)

where the pilot, observer, and others working with the UAS will see the identification of the UAS.
The FAA has issued the following exemptions to this regulation; see Exemption Nos. 8738, 10167, 10167A and 10700.
4 C.F.R. § 61.113 (a) & (b): Private Pilot Privileges and Limitations: Pilot in Command.
Kestrel seeks exemption from 61.113 so that it’s PIC may hold a private pilot’s certificate instead of a commercial pilot’s certificate. In Grant of Exemption No. 11062 to Astraeus Aerial (Astraeus), the FAA determined that a PIC with a private pilot’s certificate operating the Astraeus UAS would “n ot adversely affect operations in the NAS or present a hazard to persons or property on the ground”. Kestrel’s safety training provides an equivalent level of safety and potentially helps exceed current safety levels when compared to manned aerial flights. The knowledge Kestrel and its Pilots possess about UAS operations is relevant and supplements the safety awareness the PIC learns from getting a private pilot’s certificate. Kestrel provides safety and education through the use of the safety operations ma nual, preflight safety checks and proper care for its UASs.

14 C.F.R. §91.7(a): Civil aircraft airworthiness.
This regulation requires that no person may operate a civil aircraft unless it is in airworthy condition. A grant of exemption from 91.7 is nee ded because there will be no airworthiness certificate. The airworthy conditions will be determined according to the Kestrel’s safety manual. The pre

-flight safety procedures found in the DJI manual provides for an equivalent level of safety. The PIC will be responsible for making sure the aircraft is airworthy before each flight.
14 C.F.R. § 91.9(b)(2): Civil Aircraft Flight Manual in the Aircraft.
The regulation requires that 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.” Given th e size and configuration of a UAS, it 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. The equivalent level of safety will be achieved 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 to others 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 as set forth in the DJI Inspire and DJI Phantom User Manuals. The PIC will take all actions including reviewing weather, flight batt ery requirements, landing and takeoff distances and aircraft performance data before initiation of flight.

14 C.F.R. §91.119: Minimum safe altitudes.
Section 91.119 establishes the safe altitudes for operations of civil aircraft. This request for exempti on asks for the submitted UASs to be permitted to operate at altitudes up to 400 AGL. All operations will occur in a pre
- secured area. The location, size, weight and speed of the UASs provide for an equivalent level of safety. Conventional aircraft flying below 500 AGL present a much greater risk to persons and property than small UASs operating at the same altitude. Risks to conventional aircraft that are not applicable to UASs include combustible fuel and large payloads. The low altitude will actually cre ate an unintended buffer between UASs operating below 400 AGL and conventional aircraft operating above 500 AGL as required by Section 91.119.
Section 91.119(c) provides that no aircraft shall operate within 500 AGL of any “person, vessel, vehicle or stru cture”. Due to the commercial filming nature of the UASs operations, we request operations be permitted from much closer distances. This would all take place in accordance with pre

-flight safety procedures. The operations manual provides that all persons w ithin 50ft must give their consent to be present and that such permission may be reduced to 30ft with enhanced safety procedures in place in addition to the mandatory safety briefing involving all persons including the PIC. Operations with UASsinstead of manned helicopters provide an increased level of safety to the public and the Flight Team.

14 C.F.R. §91.121 Altimeter Settings.
This regulation contains language requiring an aircraft to maintain an altimeter. The UASs do not have a traditional barometr ic altimeter and therefore an exemption may be needed. The UASs are, however, able to provide an equivalent level of safety through use of GPS altitude equipment. The GPS component attached to the UAS uses a communications telemetry data link to send the AGL information to the PIC to effectively monitor safety and the flight path. Methods include GPS triangulation, digitally encoded barometric altimeter, radio altimeter, Vision Positioning technology, and/ or any combination. The GPS on the UAS transmits th e appropriate data digitally to a ground readout handheld controlled by the PIC. The UAS PIC will reset the altitude to zero before every launch.
14 C.F.R. § 91.151(a): Fuel Requirements for Flight in VFR Conditions.
Section 91.151 (a) disallows aircraft from flying without first having at least 30 minutes of fuel beyond their time to take off and land under normal conditions if it’s during the day and 45 minutes for the night. Since the UASs can only currently operate for 30 minutes total, before landing and replacing their batteries, an exemption is needed. Allowing UAS operations until battery life has reached 20% of its full strength will ensure an equivalent level of safety compared to conventional aircraft operations with 30 minutes extra fuel. The U AS is set to automatically return to a pre

- determined landing spot in the case of emergency and this can be accomplished quickly. Conventional aircraft generally have less flexibility for landing than a small lightweight UAS.
14 C.F.R. § 91.203 (a) & (b): Carrying Civil Aircraft Certification and Registration.
This regulation requires that ”no person may operate a civil aircraft unless it has ... an appropriate and current airworthiness certificate” and “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.” Given the size and configuration of a UAS, i t has no ability or place to carry a Certificate of Registration 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.14 C.F.R. §91.405 (a); 407 (a) (1); 409 (a) (2); 417(a) & (b): Maintenance Inspections.

These regulations are for conventional aircraft with an airworthiness certificate and are therefore incompatible with the operations of an UAS. Kestrel’s UAS operators are the best suited people to perform maintenan ce on the UASs. This is because they have specialized knowledge about the components that a typical aviation inspector would lack. The size, payload, location restrictions, and height limits allow for an equivalent level of safety. Maintenance shall be performed on a daily basis as required and a log of all maintenance activities kept.
In accordance with 14 C.F.R. Part 11, the summary below is provided for publication in the Federal Register, should it be determined that publication is warranted: Applicant seeks an exemption from the following rules: 14 C.F.R. §21, subpart H; 14 C.F.R. §§ 61.113( a) & (b); 91.7 (a); 91.119; 91.121; 91.151(a); 91.405 (a); 91.407 (a) (1); 91.409 (a) (2); 91.409 (a) (2) and 91.417 (a) & (b) to operate for commercial purposes s mall unmanned aerial systems (weighing less than 55lbs) for aerial photography, inspection, survey, and instructional purposes.
An equivalent level of safety will be achieved because the UAS is small in size, will carry no external payload, will operate only in restricted predetermined areas and is not a complex mechanical devise. As provided in the attached User Guide (System Maintenance section), the operator of the UAS will ensure that the UAS is in working order prior to initiating flight, perform req uired maintenance, and keep a log of any maintenance that is performed. Moreover, the operator is the person most familiar with the aircraft and is best suited to maintain the aircraft in an airworthy condition and to ensure an equivalent level of safety.