September 8, 2015

Exemption No. 12791

Regulatory Docket No. FAA–2015–2070

Mr. Michael A. Triana, Jr.

CEO

KVARA, Inc.

1250 121st Street

Whiting, IN 46394

Dear Mr. Triana:

This letter is to inform you that we have granted your request for exemption. It transmits our 

decision, explains its basis, and gives you the conditions and limitations of the exemption, 

including the date it ends.

By letter dated May 18, 2015, you petitioned the Federal Aviation Administration (FAA) on 

behalf of KVARA, Inc. (hereinafter petitioner or operator) for an exemption. The petitioner

requested to operate an unmanned aircraft system (UAS) to conduct aerial data collection.

See Appendix A for the petition submitted to the FAA describing the proposed operations and 

the regulations that the petitioner seeks an exemption.

The FAA has determined that good cause exists for not publishing a summary of the petition 

in the Federal Register because the requested exemption would not set a precedent, and any 

delay in acting on this petition would be detrimental to the petitioner.

Airworthiness Certification

The UAS proposed by the petitioner are the DJI Inspire 1, 3D Robotics Solo, Microdrones 

MD4-200, Microdrones MD4-1000, and Microdrones MD4-3000.
2

In accordance with the statutory criteria provided in Section 333 of Public Law 112−95 in 

reference to 49 U.S.C. § 44704, and in consideration of the size, weight, speed, and limited 

operating area associated with the aircraft and its operation, the Secretary of Transportation 

has determined that this aircraft meets the conditions of Section 333. Therefore, the FAA 

finds that relief from 14 CFR part 21, Certification procedures for products and parts, 

Subpart H—Airworthiness Certificates, and any associated noise certification and testing 

requirements of part 36, is not necessary.

The Basis for Our Decision

You have requested to use a UAS for aerial data collection1. The FAA has issued grants of 

exemption in circumstances similar in all material respects to those presented in your petition. 

In Grants of Exemption Nos. 11062 to Astraeus Aerial (see Docket No. FAA−2014−0352), 

11109 to Clayco, Inc. (see Docket No. FAA−2014−0507), 11112 to VDOS Global, LLC (see

Docket No. FAA−2014−0382), and 11213 to Aeryon Labs, Inc. (see Docket No. 

FAA−2014−0642), the FAA found that the enhanced safety achieved using an unmanned 

aircraft (UA) with the specifications described by the petitioner and carrying no passengers or 

crew, rather than a manned aircraft of significantly greater proportions, carrying crew in 

addition to flammable fuel, gives the FAA good cause to find that the UAS operation enabled 

by this exemption is in the public interest.

Having reviewed your reasons for requesting an exemption, I find that—

 They are similar in all material respects to relief previously requested in Grant of 

Exemption Nos. 11062, 11109, 11112, and 11213;

 The reasons stated by the FAA for granting Exemption Nos. 11062, 11109, 11112, and 

11213 also apply to the situation you present; and 

 A grant of exemption is in the public interest.

Our Decision

In consideration of the foregoing, I find that a grant of exemption is in the public interest. 

Therefore, pursuant to the authority contained in 49 U.S.C. 106(f), 40113, and 44701, 

delegated to me by the Administrator, KVARA, Inc. is granted an exemption from 14 CFR 

§§ 61.23(a) and (c), 61.101(e)(4) and (5), 61.113(a), 61.315(a), 91.7(a), 91.119(c), 91.121, 

91.151(a)(1), 91.405(a), 91.407(a)(1), 91.409(a)(1) and (2), and 91.417(a) and (b), to the 

extent necessary to allow the petitioner to operate a UAS to perform aerial data collection.

This exemption is subject to the conditions and limitations listed below.

 

1 Aerial data collection includes any remote sensing and measuring by an instrument(s) aboard the UA. 

Examples include imagery (photography, video, infrared, etc.), electronic measurement (precision surveying, RF 

analysis, etc.), chemical measurement (particulate measurement, etc.), or any other gathering of data by 

instruments aboard the UA.
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Conditions and Limitations

In this grant of exemption, KVARA, Inc. is hereafter referred to as the operator.

Failure to comply with any of the conditions and limitations of this grant of exemption will be 

grounds for the immediate suspension or rescission of this exemption.

1. Operations authorized by this grant of exemption are limited to DJI Inspire 1, 3D 

Robotics Solo, Microdrones MD4-200, Microdrones MD4-1000, and Microdrones 

MD4-3000 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.

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 
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limitations in this exemption and the procedures outlined in the operating documents, 

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.

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.
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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 UA 

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.

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.
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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 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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If this exemption permits operations for the purpose of closed-set motion picture and 

television filming and production, the following additional conditions and limitations apply.

29. The operator must have a motion picture and television operations manual (MPTOM) 

as documented in this grant of exemption.

30. At least 3 days before aerial filming, the operator of the UAS affected by this 

exemption must submit a written Plan of Activities to the local Flight Standards 

District Office (FSDO) with jurisdiction over the area of proposed filming. The 3-day 

notification may be waived with the concurrence of the FSDO. The plan of activities 

must include at least the following:

a. Dates and times for all flights;

b. Name and phone number of the operator for the UAS aerial filming conducted 

under this grant of exemption;

c. Name and phone number of the person responsible for the on-scene operation of 

the UAS;

d. Make, model, and serial or N−Number of UAS to be used;

e. Name and certificate number of UAS PICs involved in the aerial filming;

f. A statement that the operator has obtained permission from property owners 

and/or local officials to conduct the filming production event; the list of those 

who gave permission must be made available to the inspector upon request;

g. Signature of exemption holder or representative; and

h. A description of the flight activity, including maps or diagrams of any area, city, 

town, county, and/or state over which filming will be conducted and the altitudes 

essential to accomplish the operation.

31. Flight operations may be conducted closer than 500 feet from participating persons 

consenting to be involved and necessary for the filming production, as specified in the 

exemption holder’s MPTOM.

Unless otherwise specified in this grant of exemption, the UAS, the UAS PIC, and the UAS 

operations must comply with all applicable parts of 14 CFR including, but not limited to, 

parts 45, 47, 61, and 91.
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This exemption terminates on September 30, 2017, unless sooner superseded or rescinded.

Sincerely,

/s/

John S. Duncan

Director, Flight Standards Service

Enclosures
UNITED STATES OF AMERICA

DEPARTMENT OF TRANSPORTATION

FEDERAL AVIATION ADMINISTRATION

WASHINGTON, DC

Regulatory Docket No. _______________

IN THE MATTER OF THE PETITION FOR EXEMPTION OF:

KVARA, INC.

FOR AN EXEMPTION SEEKING RELIEF FROM THE REQUIREMENTS OF

TITLE 14 OF THE CODE OF FEDERAL REGULATIONS

SECTIONS 61.113(a) and (b); 91.7(a); 91.119(c); 91.151(a); 91.405(a);

91.407(a)(1); 91.409(a) and 91.417(a)

CONCERNING OPERATION OF AN UNMANNED AIRCRAFT SYSTEMS

OVER THE STATES OF ALASKA (AK), ARIZONA (AZ), CALIFORNIA (CA), COLORADO 

(CO), FLORIDA (FL), HAWAII (HI), ILLINOIS (IL), INDIANA (IN), IOWA (IA), KANSAS (KS), 

KENTUCKY (KY), MICHIGAN (MI), MINNESOTA (MN), MISSOURI (MO), MONTANA (MT),

NEBRASKA (NE), NEVADA (NV), NEW MEXICO (NM), NORTH DAKOTA (ND),

OHIO (OH), OKLAHOMA (OK), PENNSYLVANIA (PA), SOUTH DAKOTA (SD),

TEXAS (TX), UTAH (UT), VIRGINIA (VA), WASHINGTON (WA), WEST VIRGINIA (WV) 

AND WISCONSIN (WI) PURSUANT TO 

SECTION 333 OF THEFAA MODERNIZATION AND REFORM ACT OF 2012

Submitted on May 18, 2015

MICHAEL A. TRIANA JR.

Chief Executive Officer

KVARA, Inc.

1250 121St Street 

Whiting, Indiana 46394

Tel: (219) 512-2714

www.kvara.us

kvarainc@yahoo.com
TABLE OF CONTENTS

GLOSSARY OF ABBREVIATIONS ..........................................................................................................3

OVERVIEW .................................................................................................................................................4

ABOUT THE PETITIONER.AND INTERESTS........................................................................................ 4

UAS TO BE USED .......................................................................................................................................4 

REQUEST FOR PETITION..........................................................................................................................5 

NAME AND ADDRESS OF PETITIONER.................................................................................................5

EXEMPTION REQUEST & THE SPECIFIC SECTIONS OF 14 C.F.R. FROM WHICH

KVARA, INC. SEEKS EXEMPTION...........................................................................................................5

THE REASONS WHY GRANTING KVARA, INC.'S REQUEST WOULD

BENEFIT THE PUBLIC, EVIRONMENT AN ECONOMY.......................................................................6

THE REASONS WHY GRANTING THE EXEMPTION WOULD NOT

ADVERSELY AFFECT SAFETY................................................................................................................8

SUMMARY..................................................................................................................................................15

CONCLUSION.............................................................................................................................................16
GLOSSARY OF ABBREVIATIONS

AGL Above Ground Level

ATC Air Traffic Control

COA Certificate of Authorization

FAA Federal Aviation Administration

FAR Federal Aviation Regulation

NAS National Airspace System

Section 333 FAA Modernization and Reform Act of 2012, Section 333

SMS Safety Management System

UA Unmanned Aircraft 

UAS Unmanned Aircraft System

UAV Unmanned Aerial Vehicle

VFR Visual Flight Rules

VMC Visual Meteorological Condition

VO Visual Observer

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OVERVIEW

KVARA, Inc. (hereinafter referred to as “KVARA”) seeks exemption from the requirements of Title 14 

C.F.R. Sections 61.113(a) and (b); 91.7(a); 91.119(c); 91.151(a); 91.405(a); 91.407(a)(1); 91.409(a) and 

91.417(a). This exemption will permit KVARA to operate an Unmanned Aircraft System (“UAS”) over 

certain non-populated areas in the States of AK, AZ, CA, CO FL, HI, IL, IN, IA, KS, KY, MI, MN, MO, 

MT, NE, NV, NM, ND, OH, OK, PA, SD, TX, UT, VA, WA, WV and WI while keeping the documents 

required by the regulations at the ground control station and immediately accessible to the pilot in 

command. Furthermore, the exemption will relieve KVARA from the airworthiness certificate standards 

and the requirement to have a certificate of airworthiness issued for its UAS. If applicable, this exemption 

will also permit any required markings concerning the operational status of the UAS to be displayed on 

the fuselage of the unmanned aircraft.

ABOUT THE PETITIONER AND INTERESTS

KVARA is a services company specializing in aerial data capture using unmanned aircraft systems (UAS). 

We’ll utilize a variety of safe, ultra-light and easy to use unmanned aerial vehicles (UAV’s) for data 

collection combined with high-resolution aerial photography, video and orthoimagery. This will produce 

actionable information that results in increased safety, substantially lower costs, increased yields and 

higher profits for our clients.

UAS TO BE USED

As set forth in this petition for exemption, KVARA seeks to operate its roster of UAS for high-resolution/ 

precision aerial photography and video for use in mapping, land survey applications and inspections.

Unmanned Aircraft System(s): 

DJI- Inspire 1

3DR- Solo Quadcopter

MICRODRONES MD4-200

MICRODRONES MD4-1000

MICRODRONES MD4-3000

KVARA seeks an exemption to operate a small number of UAS for specific applications in different 

industries/environments for compensation or hire within the national airspace system (“NAS”). The UAS 

listed above is comprised of a transportable ground station. If required, KVARA will submit an Aircraft 

Registration Application upon the grant of the exemptions sought by this Petition. 

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REQUEST FOR PETITION

Petitioner, KVARA, hereby petitions the Administrator for an exemption from:

Title 14 C.F.R. Sections 61.113(a) and (b); 91.7(a); 91.119(c); 91.151(a); 91.405(a); 91.407(a)(1); 

91.409(a) and 91.417(a) .

The specific details regarding this request for exemption are included in this document and represent the 

current interests and specializations of KVARA. The exemption would allow operation by KVARA for 

the purpose of precision aerial photography and video for use in mapping, land survey applications and 

inspections.

The name and address of the Petitioner is: 

MICHAEL A. TRIANA JR.

1250 121St Street 

Whiting, Indiana 46394

Tel: (219) 512-2714

Website: www.kvara.us

Email: kvarainc@yahoo.com

The point of contact for this Petition and specific contact information is as follows: 

SAME AS ABOVE

(1) EXEMPTION REQUEST AND EQUIVALENT LEVEL OF SAFETY SHOWINGS

UNDER APPLICABLE RULES SUBJECT TO EXEMPTION

A. KVARA requests an exemption from the following regulations as well as any additional 

regulations that may technically apply to the operation of the KVARA UAS:

The following is a list of the exemptions with a discussion of the equivalent level of safety for each 

item for which exemption is being requested.

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

Command; Commercial Pilot Privileges and Limitations.

14 C.F.R. § 91.7(a): Civil aircraft airworthiness.

14 C.F.R. § 91.119(c): Minimum Safe Altitudes

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

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

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B. The Reasons Why Granting KVARA’s Request Would be in the Public Interest; That Is, 

How It Would Benefit the Public as a Whole.

Granting the present Petition will further the public interest by allowing KVARA to safely, 

efficiently, and economically perform aerial operations/acquisition over the States of AK, AZ, CA, 

CO FL, HI, IL, IN, IA, KS, KY, MI, MN, MO, MT, NE, NV, NM, ND, OH, OK, PA, SD, TX, UT, 

VA, WA, WV and WI performing mapping and land survey and inspection applications in support 

of utility, energy, transportation, agriculture, mining, natural recourses, wildlife monitoring, civil 

engineering and construction, while also furthering the development of the nation’s economy 

related to several industries. Additionally, use of the KVARA’s UAS will decrease congestion of 

the NAS, reduce pollution, and provide significant benefits to the economy and the environment. 

Notably, the benefits of the proposed operation of the chosen KVARA UAS will be realized 

without impacting any privacy issues.

C. The Public Will Benefit From Aerial Acquisition/Operation Performed 

KVARA submits this Petition to perform precision aerial photography and video throughout the 

states of, AK, AZ, CA, CO FL, HI, IL, IN, IA, KS, KY, MI, MN, MO, MT, NE, NV, NM, ND, 

OH, OK, PA, SD, TX, UT, VA, WA, WV and WI in support of utility, energy, transportation, 

agriculture, mining, natural recourses, wildlife monitoring, civil engineering and construction.

The KVARA UAS will provide safe, efficient, and economical aerial acquisition to further each of 

these fields/industries, all of which are critical to the well being of the general public. The specific 

operations that KVARA will perform using its chosen UAS provide many advantages compared to 

manned aerial photography operations and traditional land survey. The use of the UAS will allow 

for increased safety, timely, less costly and more site-specific data capture than is possible with 

traditional methods. The types of work planned for the KVARA UAS include, but are not limited 

to, safety and asset inspections, utility inspection and monitoring, industrial facility inspections, 

surveying for land development, geospatial services, mapping and planning new worksites, 

environmental monitoring, remediation planning and monitoring.

D. Public Benefit From Reduced Congestion of the NAS.

The KVARA UAS will provide a safe, efficient, and economical, non-polluting alternative to the 

traditional manned aircraft more commonly used in the past. All of the KVARA UAS will use an 

electric motor propulsion system that is powered by low-voltage batteries. By using our chosen 

UAS for these planned applications, one can expect a significantly reduced number of manned 

aircraft used to perform aerial acquisitions in these regions. The requested exemptions allowing the 

use of the KVARA UAS will also have the added benefit of reducing noise and air pollution, as 

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well as increasing the safety of life and property in the air and on the ground. The size, weight and 

mass of these small UAS as compared to manned aircraft will greatly enhance the safety of 

acquiring precision survey data. Additionally, by reducing the number of manned aircraft operating 

in the NAS, congestion around airports caused by arriving and departing aircraft will be reduced

and an added benefit of increased safety may be experienced.

The KVARA UAS do not require an airport to takeoff or land. Therefore, a reduction of manned 

aircraft conducting aerial inspection and or survey missions would help to reduce the aircraft that 

must be handled by air traffic control during the everyday ground, takeoff, departure, arrival, and 

landing phases of flight operations.

E. Public Benefit From the Safety and Efficiency of the current KVARA UAS

By performing aerial acquisitions with the UAS, as opposed to manned aircraft, a benefit to the 

public will be experienced. A reduction of air and noise pollution can greatly affect the 

environment and the public as a whole, compared to traditional aerial survey flight operations. 

Using UAS with its battery and electric motor components create a viable environmentally 

conscious alternative to the cabin class, internal combustion twin-engine aircraft that are typically 

used for such aerial photographic operations today. The KVARA UAS, will reduce its carbon 

footprint by conducting its aerial acquisitions, all the while also eliminating noise pollution. The 

UAS battery powered electric motor is barely audible during the takeoff phase, and cannot be heard 

when operating more than 100 feet above ground. By reducing manned operations whenever 

possible and using UAS for certain flight operations, the overall benefit is a lesser chance for 

personal injury or a property damage incident.

F. Performing Aerial Acquisition Operations with the KVARA UAS Will Benefit the 

Economy 

KVARA will continue to engage in business development and will strive to spur new job growth as 

it evolves into an aerial data capture -service leader. Because of its focus on safety and positive 

environmental impact, KVARA will stay one step ahead, adopting newer and better technologies 

and methodologies. 

KVARA UAS and its services are safe, efficient and are an economical alternative to using manned 

aircraft to conduct aerial acquisitions. Because of increasing operational costs due to increasing 

aviation fuel prices and the costs of Environmental Protection Agency (“EPA”) regulatory actions, 

U.S. owned and operated companies must adopt new and alternative technology in order to remain 

competitive. KVARA will remain competitive and profitable, and therefore provide greater job 

stability to employees and contractors, which will ultimately contribute to growth of the U.S. 

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economy. Improved financial performance of U.S. companies, through commercial use of the UAS, 

provides a stable workforce that increases consumer spending; improves local, state, and federal tax 

revenues; and allows companies to invest and reinvest in research and development in order to 

remain competitive.

G. Privacy Issue Concerns 

The proposed use of the KVARA UAS will not create privacy issues nor will it violate any privacy 

laws when being used for the purposes stated in this petition. KVARA’s UAS will be operated only 

in non-populated areas, restricted personnel access areas, rural areas, and in accordance with all 

Federal Aviation Regulations, including the minimum and maximum altitude requirements of 14 

C.F.R. § 91.119. Most importantly, the UAS will not be operated closer than 500 feet to any person, 

vessel, vehicle, or structure, except when necessary for takeoff or landing.

(2) EXEMPTION REQUEST AND EQUIVALENT LEVEL OF SAFETY SHOWINGS UNDER 

APPLICABLE RULES SUBJECT TO EXEMPTION

KVARA requests an exemption from the following regulations as well as any additional regulations 

that may technically apply to the operation of its UAS: 

14 C.F.R. § 61.113(a): Private Pilot Privileges and Limitations; Pilot in Command; Commercial 

Pilot Privileges and Limitations. Section 61.113(a) limits private pilots to non-commercial operations. 

Unlike a conventional aircraft that carries a pilot, passengers, and cargo, KVARA’s UAS are remotely 

controlled carrying no pilot, no passengers or freight on board. KVARA respectfully proposes that 

operator requirements should take into account the characteristics of the particular UAS being used and 

the environment the UAS are being used in. 

Because there are several safety features with each of its UAS, KVARA proposes that operators of its 

UAS should not be required to hold a commercial pilot certification. KVARA notes that the FAA has 

found that safety factors permitted operation of UASs by operators with these qualifications in the case of 

operations pursuant to public COAs where the mandatory operating conditions specified above are 

present. See Federal Aviation Administration, Notice N-8900.227, Unmanned Aircraft Systems (UAS) 

Operational Approval, at 20-21 (July 30, 2013). The FAA has the statutory authority, granted at 49 

U.S.C.§44701(f) to waive the pilot requirements for commercial operations. Given these conditions and 

restrictions, an equivalent level of safety will be provided by allowing operation of the KVARA UAS by 

individuals with a valid private pilot’s certificate. Under the conditions set forth herein, the risks 

associated with the operation of the UAS (given its size, speed, operational capabilities, and lack of 

combustible fuel) are so diminished from the level of risk associated with other commercial operations 

contemplated by Part 61 with conventional aircraft (fixed wing or rotorcraft), that allowing operations of 

8
the UAS as set forth above meets or exceeds the present level of safety provided under 14 C.F.R. § 

61.113(a) & (b).

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. 

Should the exemption be granted allowing commercial operation of the KVARA UAS without an 

airworthiness certificate, no standard will exist for airworthiness of the UAS. Given the size of the aircraft 

and the requirements that have presumably already been met in the SAC approval process for the UAS 

(for instance, the KVARA Maintenance & Inspection Manual and Safety Checklist), an equivalent level of 

safety will be achieved by insuring compliance with the manufactures UAS operations manuals prior to 

each flight.

14 CFR § 91.119: Minimum Safe Altitudes

Section 91.119 establishes safe altitudes for operation of civil aircraft. Specifically, 91.119(c) limits 

aircraft flying over areas other than congested areas to an altitude of 500 feet above the surface, except 

over open water or sparsely populated areas. In those cases, the aircraft may not be operated closer than 

500 feet to any person, vessel, vehicle, or structure. As set forth herein, the KVARA UAS will not be 

operated at higher than 400 feet AGL. It will, however, be operated to avoid congested or populated areas. 

Because aerial survey work must be accomplished at relatively low altitudes and at altitudes less than 500 

feet AGL, an exemption from Section 91.119(c) is needed. The equivalent level of safety will be achieved 

given the size, weight, speed, and material with which the KVARA UAS are built. Compared to aerial 

survey operations conducted with aircraft or rotorcraft weighing far more than 55 lbs. and carrying 

flammable fuel, any risk associated with these operations will be far less than those currently allowed with 

conventional aircraft operating at or below 500 feet AGL. Indeed, the low-altitude operations of the UAS 

will maintain separation between these small-UAS operations and the operations of conventional aircraft 

that must comply with Section 91.119.

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

This regulation 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 KVARA UAS batteries provide 

approximately 50 minutes of powered flight. Without an exemption from § 14 CFR 91.151, the UAS’s 

flights would be limited to approximately 20 minutes in length. Given the limitations on its proposed 

operations and the location of those proposed operations, a longer time frame for flight in daylight VFR 

conditions is reasonable. KVARA believes that an exemption from 14 CFR § 91.151(a) is safe and within 

the scope of a prior exemption. See Exemption 10673 (allowing Lockheed Martin Corporation to operate

without compliance with 91.151(a)). Operating the small UAS, without 30 minutes of reserve battery 

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power does not engender the type of risks that Section 91.151(a) was meant to prevent given the size and 

speed at which the UAS operates. The fact that it carries no pilot, passenger, or cargo also enhances its 

safety. Additionally, limiting the KVARA UAS flights to 20 minutes would greatly reduce their utility. In 

the unlikely event that the UAS should run out of battery power, it would simply land using a gentle 

downward spiraling pattern. Given its weight and construction material, the risks are less than 

contemplated by the current regulation. KVARA believes that an equivalent level of safety can be 

achieved by maintaining 10 minutes of reserve battery power, which, allowing 40 minutes of flight time, 

would be more than adequate to return the UAS to its planned landing zone from anywhere in its operating

area.

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

Section 91.405(a) requires 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 . . . .” 

Section 91.407 similarly makes reference to requirements in Part 43; Section 91.409(a)(2) requires an 

annual inspection for the issuance of an airworthiness certificate.

Section 91.417(a) requires the owner or operator to keep records showing certain maintenance work that 

has been accomplished by certificated mechanics, under Part 43, or licensed pilots and records of approval 

of the aircraft for return to service. Maintenance of the KVARA UAS will be accomplished by the 

owner/operator pursuant to the manufacturer manuals. An equivalent level of safety will be achieved 

because the UAS are all 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 KVARA Maintenance 

Manual and the Safety Checklist, the operator of its UAS will ensure that the UAS is in working order 

prior to initiating flight, perform required 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. 

(3) Flight Operations Pursuant To The Exemption Sought Would Be Limited To Areas

That Are Not In The Proximity Of Airports Or Over Populated Areas.

KVARA will conduct aerial acquisition flight operations over certain prequalified areas that are not near 

populated areas, airports, helipads, highways or state roads. Specifically, KVARA’s proposed area of 

flight operations also include rural areas that are:

1. Non populated areas as depicted on VFR Sectional Aeronautical Charts;

2. Not within five (5) miles of any airport or helipad;

3. Not within one hundred (100) meters of state roads having more than two lanes;

and

4. Not within fifty (50) meters of state roads having two lanes or less.

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In summary, KVARA seeks to operate its UAS only over areas within the States defined above while 

maintaining safe distances from any populated areas, airports, helipads, or roadways.

Flight Operations of The KVARA UAS are Limited To The Line of Sight of A Certificated Pilot in 

Command and With A Safety Observer

KVARA will only utilize knowledgeable pilots to act as pilot in command of the UAS. Additionally, all 

pilots will be assisted by a safety observer. The pilot in command and safety observer must meet the 

requirements as set forth by the KVARA Standard Operating Procedures.

Flights Will Be Conducted Pursuant To Specific Operating Limitations

In seeking this exemption, KVARA proposes to commercially operate the its UAS without satisfying the 

restricted category airworthiness certification process specified in 14 C.F.R. § 21.185, or otherwise having 

a certificate of airworthiness issued by the FAA, as contemplated by 14 C.F.R. Part 21. KVARA proposes 

to operate of its current and future UAS, for the special purpose of conducting aerial image acquisitions,

pursuant to the following specific operating limitations. 

Operating Limitations include:

1) Operations authorized by this grant of exemption are limited to the following aircraft described in the 

operator’s manual which are all small aircraft weighing less than 55 pounds: Proposed operations of any

other aircraft will require a new petition or a petition to amend this grant.

2) The UA may not be flown at an indicated airspeed exceeding 74.5 knots.

3) As of March 23, 2015, the FAA will automatically grant a "blanket" COA for flights at or below 200 

feet to any UAS operator with a Section 333 exemption, provided the aircraft weighs less than 55 pounds, 

operations are conducted during daytime VFR conditions and within VLOS of the pilots and stay certain 

distances away from airports or heliports. If KVARA is granted an exemption and needs to fly outside 

those blanket parameters, KVARA will apply for a separate COA specific to the airspace required for its

operation(s). The application will be submitted through the UAS Civil COA Portal. It must be noted that 

at this time KVARA does not foresee having to perform any of its future operations beyond 400 ft. AGL. 

If applicable, all altitudes will be reported to ATC in feet AGL.

4) The UA must be operated within 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.

5) All operations must utilize a visual observer (VO). The VO may be used to satisfy the VLOS 

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requirement as long as the PIC always maintains VLOS capability. The VO and PIC must be able to 

communicate verbally at all times. 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 functions 

prescribed in the operator’s manual.

6) Provided the additional requirements identified in these conditions and limitations are added or 

amended, the operator’s manual is considered acceptable to the FAA. The operator’s manual and this 

grant of exemption must be maintained 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 operator’s manual, the conditions and limitations herein take precedence and must be followed. 

Otherwise, the operator must follow the procedures as outlined in its operator’s manual. The operator may 

update or revise its operator’s manual. It is the operator’s responsibility to track such revisions and present 

updated and revised documents to the Administrator upon request. The operator must also present updated 

and revised documents if it petitions for an extension or amendment of this 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 amendment to its exemption. The FAA’s UAS Integration Office 

(AFS-80) may be contacted if questions arise regarding updates or revisions to the operator’s manual.

7) Prior to each flight the PIC must inspect the UAS to ensure it is in a condition for safe flight. 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. The Ground Control Station must be included in the preflight inspection. All maintenance 

and alterations must be properly documented in the KVARA aircraft records.

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 in 

accordance with the operator’s manual. The PIC who conducts the functional test flight must make an 

entry in the UAS aircraft records of the flight. The requirements and procedures for a functional test flight 

and aircraft record entry must be added to the operator’s manual.

9) The preflight inspection section in the operator’s manual has been amended to include the following 

requirement: The preflight inspection must account for all discrepancies, i.e. inoperable components, 

items, or equipment, not covered in the relevant preflight inspection sections of the operator’s manual or 

manufactures manual(s).

10) The operator must follow the manufacturer’s UAS aircraft/component, maintenance, overhaul, 

replacement, inspection, and life limit requirements, with particular attention to flight critical components 

that may not be addressed in the manufacturer’s manuals.

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11) KVARA must carry out its maintenance, inspections, and record keeping requirements in accordance 

with the operator’s manual. Maintenance, inspection, and alterations must be noted in the aircraft logbook, 

including total flight hours, description of work accomplished, and the signature of the authorized 

KVARA technician returning the selected UAS to service.

12) KVARA technicians must receive and document training referenced in the operator’s manual.

13) Each UAS operated under this exemption must comply with all manufacturer System and Safety 

Bulletins.

14) KVARA maintenance personnel must make a record entry in the UAS logbook or equivalent 

document of the corrective action taken against discrepancies discovered between inspections.

15) All future PIC personnel will seek to obtain a private pilot certificate and a third-class airman

medical certificate in addition to any FAA required training program. The PIC will 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.

16) Prior to operating for hire, the PIC must have completed KVARA’s three-day Training Intensive as 

outlined in the Safety Checklist. The Training Manual must also be updated to reflect the specific training 

program. The Training Manual will specify the minimum flight and skill requirements for the Remote 

Pilot, Instructor Pilot and Examiner. Those Manuals and records of those requirements must be 

documented and made available upon request by the Administrator. Any prior documented flight 

experience that was obtained in compliance with applicable regulations may satisfy this requirement. 

Training, proficiency, and experience building flights can also be conducted under this grant of exemption 

to accomplish the required flights and flight time.

17) 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 and land or be recovered in accordance with the 

operator’s manual.

18) The PIC must abort the flight in the event of unpredicted obstacles or emergencies in accordance with 

the operator’s manual.

19) The PIC is prohibited from beginning a UAS flight unless (considering wind and forecast weather 

conditions) there is enough power to fly to the first point of intended landing and, assuming normal 

cruising speed, to fly after that for at least 10 minutes.

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20) The operator is required to request a Notice to Airman (NOTAM) not more than 72 hours in advance, 

but not less than 48 hours prior to the operation.

21) 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.

22) Before conducting operations, the radio frequency spectrum used for certain operations and control of 

the UA must comply with the Federal Communications Commission (FCC) or other appropriate 

government oversight agency requirements.

23) The 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 yield the right of way to all other manned operations and activities at 

all times (including, but not limited to, ultra-light vehicles, parachute activities, parasailing activities, hang 

gliders, etc.).

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

26) UAS operations may not be conducted during night, as defined in 14 CFR 1.1.

27) All operations shall be conducted in Class G airspace.

28) All operations must be conducted under visual meteorological conditions (VMC). The UA may not be 

operated when visibility is less than 3 statute miles from the PIC.

29) During operations in Class G airspace, the UA may not operate within 5 nautical miles of the 

geographic center of an airport as denoted on a current FAA published aeronautical chart unless a letter of 

agreement with that airport’s management is obtained, and the operation is conducted in accordance with a 

NOTAM. The letter of agreement with the airport management must be made available to the

Administrator upon request.

30) The UA may not be operated over congested or densely populated areas. These areas include but are 

not limited to the yellow areas depicted on World Aeronautical Charts (WAC), Sectional Aeronautical 

Charts (Sectionals), or Terminal Area Charts (TAC). However, aeronautical charts may not reflect 

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pertinent local information. Ultimately, it is the PIC’s responsibility to maintain the minimum safe 

altitudes required by § 91.119.

31) Operation of the UA must be conducted at least 500 feet from all nonparticipating persons, vessels, 

vehicles, and structures.

32) Operations of the UA may be conducted at distances less than 500 feet from participating persons, 

vessels, vehicles or structures that perform an essential function in connection with these special purpose 

operations. Operations closer than 500 feet from the PIC, VO, operator trainees and essential persons, are 

permitted when operationally necessary; but never so close as to present an undue hazard, per § 91.119(a).

33) Operations of the UA may be conducted at distances less than 500 feet from unoccupied vessels, 

vehicles or structures owned by the land owner/controller when the land owner/controller grants such 

permission and the PIC makes a safety assessment of the risk from operations closer to these objects.

34) All operations shall be conducted over government owned, private or controlled-access property with 

permission from the land owner/controller or authorized representative. Permission from land 

owner/controller or authorized representative will be obtained for each flight to be conducted.

35) 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.

SUMMARY

SUMMARY OF KVARA SECTION 333 EXEMPTION REQUESTS

KVARA hereby provides pursuant to Part 11 a summary of its exemption application to allow commercial 

operation of the listed KVARA UAS in precision aerial survey, aerial photography, aerial videography, 

mapping and inspection work. An exemption is requested from the following regulations:

14 C.F.R. 61.113(a) & (b);

14 C.F.R. 91.7(a);

14 C.F.R. 91.119;

14 C.F.R. 91.151(a);

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).

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CONCLUSION

As set forth above, KVARA, seeks an exemption pursuant to 14 C.F.R. § 11.61 and Section 333 of the 

FAA Modernization and Reform Act of 2012, which will permit safe operation of the KVARA UAS 

commercially, without an airworthiness certificate, for the special purpose of conducting aerial 

acquisitions over certain areas within the States of AK, AZ, CA, CO FL, HI, IL, IN, IA, KS, KY, MI, MN, 

MO, MT, NE, NV, NM, ND, OH, OK, PA, SD, TX, UT, VA, WA, WV and WI. By granting this Petition, 

the FAA Administrator will be fulfilling the Congressional mandate of the FAA Modernization and 

Reform Act of 2012, while also advancing the interests of the public, by allowing KVARA, Inc. to safely, 

efficiently, and economically operate the its UAS commercially within the NAS.

Dated: 18 May 2015

Respectfully submitted,

MICHAEL A. TRIANA JR.

Chief Executive Officer 

KVARA, Inc.

1250 121St Street 

Whiting, Indiana 46394

Tel: (219) 512-2714

www.kvara.us

kvarainc@yahoo.com

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