## GK GRAPHICS. INC.

U.S. Department ofTransportation Docket Management System 1200 NewJersey Avenue SE Washington DC 20590 129 W. 2ND STREET 

### P 0 BOX 1092 

### BYRON lL 61010 PHONE (815) 312-0016 January 12, 2016

Re: Petition for Exemption ofCertain Federal Aviation Regulations to Operate Unmanned Aircraft Systems Pursuantto Section 333 ofthe FAAModernization and Reform Act of2012 Dear SirorMadam: In order to operate small unmanned aircraft systems (sUAS) commercially in National Airspace System regulated by the FAA, I request exemption from pursuant to Section 333 ofthe FAA Modernization and Reform Act (FMRA) and Title 14 C.P.R. listed in the Section named "Regulations from which Exemption is Required" for the purposes listed below:
• Aerial photography and videography • Aerial mapping • Search, rescue, and fire operations • Agricultural scouting operations • Structural inspections
These types ofoperations can be performed safer and more cost effectively at altitudes below400' AGL within the United StatesNational Airspace Systemcomparedto manned aircraft. All operationsperformed withthe sUAS will be operated within the strictterms and conditions of theFAAasrequiredbySection333, andunderany otherconditions outlinedherein. No operations will be performed without the request of, and with the authorization of, the client and/or their authorized agent in order to facilitate safety and an economical way for business owners and consumers to use these services for promotion ofthe current.

1TABLE OF CONTENTS
ApplicantInformation.
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EquipmentInformation
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Regulations Requesting ExemptionFrom
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Reasons for Relief
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Benefitto Public
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Reasons ExemptionwouldnotAdversely Mfect Safety
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Conclusion
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AppendixA: Linkto DJIPhantom 3 Professional Operating Manual
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2Name ofApplicant: Kole I. Bennett Galen E. Bennett GK Graphics, Inc. 129 W. 2nd Street P 0 Box 1092 Byron IL 61010 Phone (815) 312-0016 (mainnumber) Kole's cell number (815) 985-4740 Galen's cell number (815) 703-1268
Equipment Information:
sUAS

- DJI Phantom 3 Professional E-mail: gk.graphics@gmail.com

This unmanned rotorcraft has a built in height and radius restriction settings, excluding it from class B, C and D airspaces, as well as, anytemporary flight restricted areas. Ithasthe ability to return to launch point ifwireless control link is interrupted, or the operator tries to exceed the maximumflight ceilings ordistance. The craft weights less than 5 lbs, and is a fixed pitchedrotor aircraft. The applicant will not operate in controlled airspace. The applicant will not fly his craft above 400 feet AGL. Inthe unlikely eventthat a manned aircraft flys below400 feet AGL where the applicant is flying his sUAS, the applicant will keep both the vehicle and manned aircraft and groundthe sUAS immediatelyto yieldthe airspace to the manned aircraft. The applicantwill not conduct flight operations outhis VLOS. (See Appendix A)

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### Regulations Requesting Exemption From: 14 C.F.R. Part 21 subpart H; 14 C.F.R. 45.23(b); 14 C.F.R. 61.113(a); 14 C.F.R. 91.7(a); 14 C.F.R. 91.9(b)(2); 14 C.F.R. 91.103; 14 C.F.R. 91.109; 14 C.F.R. 91.119; 14 C.F.R. 91.121; 14 C.F.R. 91.151(a); 14 C.F.R. 91.203(a)&(b) 14 C.F.R. 91.405; 14 C.F.R. 91.407(a)(1) 14 C.F.R. 91.409(a)(2) 14 C.F.R. 417(a)&(b)



### Reasons for Relief: This exemption request is being made under Section 333(a) through (c) as the applicant would like to utilize the unmanned aircraft (sUAS) for commercial purposes for the community and surrounding areas. We feel that there is a competitive market in our area for the safe and effective use ofsUAS for local businesses and consumers to promote growth for the community.
14 CFR21 H: Airworthiness Certificates Subpart H, Airworthiness Certificates, institutes the procedural requirements for the issuance of airworthiness certificates as required by FAR 91.203(a)(l). The size and limited operating area connected withthe aircraft to be used bythe Applicant, exemption from Part 21 Subpart H meets the requirements ofanequivalentlevel ofsafetyunderPart 11 and Section 333 ofthe ReformAct. FAA 49U.S.C. 44701(t) and Section 333 ofthe Reform Act both sanction the FAA to exempt aircraft from the requirement for an airworthiness certificate upon consideration ofsize, weight, speed, operational capability, andtheproximityto airports andpopulatedareas ofparticular sUAS. Followingthese conditions itis determinedthatthe sUAS without an airworthiness certificate will be safe, ifnot safer, then a conventional aircraft (fixed wing or rotorcraft) being operated with an airworthiness certificate, withoutthe restrictions and conditions proposed.
4The 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 and designated area. Unlike other civil aircraft, operations underthis exemption will be tightly controlled and monitored by both the operator and under the requirements and in compliance with local public safety requirements. These safety enhancements provide a greater degree ofsafety to the public and property owners than conventional operations conducted with airworthiness certificates issued under 14 CFR Part 21, Subpart H.

14 CFR 45.23(b) Marking ofthe 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 letter not less than 2 inches nor more than 6 inches high, the words "limited," "restricted," "light-sport," "experimental," or "provisional," as possible. Even though the sUAS will not no worthiness certificate, an exemption may be needed as the sUAS will not entrance to the cabin, cockpit or pilot station on which the word "EXPERIMENTAL" can be placed. Given the size of the sUAS, 2 inch lettering will be impossible. The FAA has issued the following exemptions to this regulation to Exemptions Nos. 10700, 8738, 10167 and 10167A. The applicantwill have registrationnumberonhis personwhile operating the sUSA.
14 CFR 61.113(a) Private Pilot Privileges and Limitations: Pilot in Command Pursuant to 14 CFR 61.113(a) no personthat holds a private pilot certificate may act as a pilot in command ofan aircraft that is carrying passengers or property for compensation or hire. The applicant's sUAS will not carry any pilots and passengers nor property, therefore we are seeking an exemption to 14 CFR 61.113(a). The applicant will always operate the sUAS following all safety and manufacturer's training manuals, and always operate with due regard to safety of people, property, wildlife and nature.
14 CFR 91.7(a) Civil Aircraft Worthiness The regulation requires that no person may operate a civil aircraft unless it is in airworthy condition. Although it has been determined that similar sUAS's do not require an airworthiness certificate, the applicant will ensure airworthiness of the sUAS through combined use of manufacturer's operations manual and pre-flight safety checks.
14 CFR 91.9(b)(2) Civil Aircraft Flight Manual in the Aircraft Section91.9(b)(2) provides;No personmayoperateaU.S. registered civil aircraft
...(2) Forwhich an Airplane or Rotorcraft Flight Manual is not required by 21.5 ofthe chapter, unless there is available inthe aircraft a currentapprovedAirplane orRotorcraftFlightManual, approvedmanual material, markings, and placards, or any combination thereof. Due to the size ofthe sUSA there 5is no capability or area to carry any such flight manual on the aircraft. The equivalent level of safety will be maintained by maintaining the flight manual at the ground control point where the operator ofthe sUAS will have immediate access to the same.

14 CFR 91.103 Pre-Flight Instruction This regulation requires each pilot in command to take certain action before flight to insure the safety offlight. As FAA approved Airplane orRotorcraft FlightManuals will notbe provided for the aircraft an exemption will be needed. The applicant will take all actions including reviewing weather, flight battery requirements, landing and take-offdistances and aircraft performance data before initiation offlight.
14 CFR91.109 Flight Instruction The sUAS to be operated by this applicant will be controlled in flight using a control box that communicates with 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 instructioninexperimental aircraft. The equivalentlevel ofsafetyprovidedbythe fact thatneither a pilotnorpassenger will be carried inthe aircraft and by the size and speed ofthe aircraft.
14 CFR91.119 Minimum Safe Altitudes Section 91.119 establishes safe altitudes for operation ofcivil aircraft. Section 91.119(d) allows helicopters to be operated at less thanthe minimums prescribed, providedtheperson operating the helicopter complies with any route or altitudes prescribed for helicopters by the FAA. The applicant is requesting an exemption for a sUAS, and the exemptionrequests authority to operate at altitudes up to 400 AGL, or not more than 200 above an elevatedplatform from which filming is planned, an exemption maybe needed to allow such operations. As set forth herein, the sUAS will never be operated at higher than 400 AGL, with the exception in circumstances where the sUAS is used to provide aerial photography, property survey, agricultural survey, etc. the sUAS will not be operated more than 1 00' above the highest point on the property ofstructure. Itwill, however, be operated in a restricted area where people and buildings will not be exposed to said operations withthe pre-obtained consent ofthe landowners. Ifflying over ornear existing private property while providing aforesaid services the applicant will notify in person or by card left behind to any information requested by the landowners. The applicant will review with the landowners of any associated risks to people or property. Due to the small size of sUAS the associated risk to persons, vessels, vehicles, and structures is not comparable to manned aircraft and should be taken into consideration.
14 CFR 91.121 AItimeter Settings Thisregulationrequires eachpersonoperatinganaircraftto maintaincruising altitudebyreference to an altimeter that is set"
... to the elevation ofthe departure airport or an appropriate altimeter setting available before departure." As sUAS do not have a barometric altimeter, but instead use a GPS altitude read out, an exemption may be needed. An equivalent level of safety will be
6achieved by the operator, pursuant to the pre-flight safety check and live flight data monitoring, confirming the altitude ofthe launch site shown onthe GPS altitude indicator before flight.

14 CFR 91.151(a) Fuel Requirements The sUAS we use does not require fuel but is operated on battery power. The applicant believes that a safeflight canachievedbylimiting flights to 25 minutes or30% ofbatterypower. The sUAS used also has a low battery warning that indicates you should return the sUSA to the launch site. Additionally, a "low" and "critical" battery level warnings implement a "returnto home" action in these types ofsituation. The applicant will not initiate flight unless there is enough power to fly at a normal cruising speed to the intended point (considering wind and forecast weather conditions). Further, all flights will be conducted during daylight hours and at times not to be a nuisance to others.
14 CFR 91.203(a) and(b) Carrying Civil Aircraft Certification and Registra tion The regulation provides inpertinent part (a) Except as provided in 91.715, no person may operate a civil aircraft unless it has within itthe following: (1) An appropriate and current airworthiness certificate
... (b) Nopersonmay operate a civil aircraftunlessthe airworthiness certificaterequired by Paragraph (a) ofthis section or a special flight authorization issued under 91.715 is displayed atthe cabin or cockpit entrance so thatit is legible to passengers and/or crew. The sUAS fully loaded weighs no more 5lbs and is operatedwithout an onboardpilot. Therefore, there is no place or ability to carry certification and registration documents orto display them on the sUAS. Anequivalentlevel ofsafetywillbe achievedbykeepingthese documentsatthe ground control area where the operator is flying the sUAS and will have immediate access to said documents; to the extentthey are applicable to the sUAS.
14 CFR91.405(a); 14 CFR 91.407(a)(l); 14 CFR 91.409(a)(2); 14 CFR91.417Ca)&(b) Maintenance Inspections The regulations require that an aircraft operator or owner "shall have that aircraft inspected as prescribed in subpart E ofthis 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 thatthese sectionandPart43 apply onlyto aircraft with an airworthiness certificate, these sections will not apply to the applicant. Maintenance will be accomplished by the applicant pursuant to the flight manual and operating handbook. As provided in the flight owner & operating manual the applicant will safeguard that the sUSA is in working order prior to initiating any flights and perform required maintenance as needed.

7How Our Request Would Benefit the Public as a Whole: A sUSA is safer to operate for the items we have requested then a fixed manned winged aircraft orrotorhelicopterduetothe fact thatthis is aunmannedbatteryoperated aircraftweighing less than 5 lbs. Itwould also benefitthe public for the following reasons:
• Aerial Photography & Videography

- a valuable marketing tool for commercial use. • Search and Rescue/Fire & Police

- can aid Emergency Personnel from aerial aspect, view structural concerns (fire), safety concerns- GPS Enabled for searching & mapping, rapid deployment ofthis aircraft can greatly increase response and searchtimes. • Agricultural Mapping and Field Scouting to help landowners reduce costs and increase yields. • Structural Inspections

- Help reduce work site dangers and accidents, increase work site efficiency, and minimize risks for the public and property owners. Liability insurance is currently carried by the company. All flight data including UA flight time, control unit operation time, incident, accident, and details concerning any deviations from normal operations will be available to FAA for use in collecting data regarding the use ofsUAS as part ofthis application. Reasons Why the Exemotion Would NotAdyersely Affect Safetyi Operation limitations proposed for an equivalent orhigher level ofsafety because operations will further enhance the safety ofthe persons and/or property using conventional aircraft. These limitations and conditionsto whichthe applicant agreesto adhereto when conducting commercial operations under the FAA issued exemption as set forth in the Flight Operations Manual (FOM) include:
• The sUAS will weigh less than 5 lbs. • Flights will be operated within VLOS ofan operator and/or observer. • Maximum flight time for each operational flight will be 25 minutes. Flights will be terminated at 30% battery power reserve or 25 minutes offlight time whichever occurs first. • Flights will be operated atanaltitude ofno morethan400 feet Above Ground Level (AGL) and not more than 200 feet above an elevatedplatform from which filming is planned. • The minimum crew for each operation will consist ofthe sUAS Operator and a Visual Observer (VO) when needed to maintain VLOS. • Priorto the day's flight, a briefmg regarding the planned sUAS operations for the day will be performedto reviewthe day's planned activities. • The Operator will obtain verbal/written consent ofall persons involved with the planned operation and ensure that only consenting persons will be allowed within 100 feet ofthe 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 advanced permission or directions ofthe FSDO, operations at closerrange may be approved. 8• The Operator and VO will have been trained in operation ofthe sUAS, and have received up to date information for the particular sUAS to be operated, and will be able to show upon request their competent ability to operate the sUAS and/or camera. • The Operator and VO will be able to communicate by voice, phone and/ortext at all times. • Written and/orverbalpermissionandpermitswillbeobtained from territorial, state, county or cityjurisdictions, including a few enforcements, fire or other appropriate governmental agencies when needed. • If the sUAS loses communications or loses GPS signal, the small sUAS will have the capabilityto returnto a pre-determined location or home and land autonomously. • sUAS will have the capabilityto abort a flight in case ofunpredicted obstacles, wather, or emergencies. • The sUAS has GPS controlled autopilot system to maintain sUAS stability and control. • The sUAS has no souls onboard and will notbe operated over mass populations. • The sUAS has no fuel onboard greatly reducingtheriskoffire orexplosioninthe unlikely event ofa collision orcrash.
Conculsion: As a current locate business we would like to expand the services that we currently offer to the public with the addition ofthese services. We feel that they will greatly benefit the community through the growth ofbusiness opportunities by utilizing this technology in a safety and proper manner. In addition, with the one ofthe owners, Galen Bennett, having been on the Byron Fire Protection District for 34 

### + years we feel this service could greatly enhance and improve the fire service when used in training and in emergency situations i.e. structure fires, field fires, river rescues, and etc. We also feel thatthis wouldbe a unlimited applicationto localpolice department and sheriffs department to aid in search and rescue, and hostage/barricaded situations. When this type ofaircraft is operated as we propose to do, the risk and liability to the public and propertyis minimal. We feel thatthebenefits ofthistype ofunmanned aircraft outweighanyrisks thatmaybe associated withthem. Thank you for your courtesies and consideration ofour exemption from section 333 ofthe FAA Reform Act of2012. Respectfully Submitted, GK Graphics, Inc.



# ~[ **4** Galen E. Bennett



# £~d.~~(j)- Kole I. Bennett 9

### Appendix A

DJI Phantom 3 Professional Owner's Manual Link: http://dl.djicdn.com/downloads/phantorn _3/en!Phantorn _3_Professional_ User _Manual_ vl.6pdf

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