Nicolas Rodriguez

Founder/CEO KC Aerial Photo, LLC

9437 Ballentine St. Overland Park, Kansas 66214 (c) (913)

- 271

- 4819 KCAerialPhoto@gmail.com

1 P.L. 112

- 95, 126 Stat 11, February 14, 2012.

2 Section 333(b) (2) specifically contemplates that the FAA may issue a certificate of waiver upon a finding that a type of UAS, as a resu lt of its size, weight, speed, operational capacity, proximity to airports and populated areas, and operations within visual line of sight do not create a hazard to users of the NAS or the public or pose a threat to national security. June 29 , 2015 U.S. Department of Transportation, Docket Operations West Building Ground Floor, Room w12

- 140 1200 New Jersey Avenue, SE., Washington, DC 20590

Re: Request for section 333 exemption from regulatory provisions to allow the use of

small unmanned aerial systems on land controlled by clients of KC Aerial Photo, LLC to assist in the safe evaluation of infrastructure and operations for our clients.

TO Whom It May Concern :

KC Aerial Photo, LLC respectfully requests an exemption from several provisions of Title 14 of the Code of Federal Regulations (C.F.R.) to permit the use of small

- unmanned aerial systems (sUAS) to assist in the evaluation of infrastructure and operations for our clients. This request is motivated primarily by the desire to maximize safety in infrastructure, operations, and promote business growth. While an exemption would not

eliminate the current need for in

- person visual inspection required by various federal regulatory departments, it would allow KC Aerial Photo, LLC to b roadly evaluate assets and operations with sUAS, resulting in a safer and more efficient infrastructure network. Accordingly, the grant of an exemption is consistent with Congress’ intent, reflected in

Section 333 of the FAA Modernization and Reform Act of 2012 (Modernization Act), 1 that safe systems be permitted in the national airspace prior to the issuance of final regulations governing general use of these systems. 2 A summary of this request suitable for publication in the Federal Register is provided a s Appendix A.

Appendix B provides the manufacturers information regarding the design, aircraft performance, and fail

- safe features. We have provided manufacturer information related to operating limitations, normal and emergency procedures, and maintenanc e and inspection procedures. As we add aircraft designs, we will update this appendix appropriately.

Appendix C provides the KC Aerial Photo, LLC Operations Manual for flights covered under this Exemption Request.

Background Information

KC Aerial Photo , LLC is in the business of aerial consulting. KC Aerial Photo, LLC Clients look to us for Safe Operations of sUAS. We have developed specific KC Aerial Photo, LLC Safe UAV Operational Procedures. Increasingly, we have clients looking to operate sUAS for I nfrastructure Safety

, Maintenance Inspections , Photography, Cinematography, and Surveying.Infrastructure Safety Inspection Operations: Utility Inspection Pipeline Inspection

Oil

- Field Inspection Petro/Chemical/Manufacturing Inspection

Construction Site Inspection Agriculture Inspection Commercial Real Estate Inspection Residential Real Estate Inspection Search and Rescue Operations

As part of this KC Aerial Photo is requesting FAA Exemption for sUAS operations for safety, inspection and video capture us age.

Regulatory Basis for Exemption Request In addition to the waiver authority provided in §333 of the Modernization Act, the FAA may grant an exemption under 49 U.S.C. §44701(f) if it has determined that such an exemption is in the public interest. The FAA has imposed a separate requirement in its procedural regulations, providing that the petitioner shall explain why granting the exemption would not adversely affect safety or how the exemption would provide at least an equivalent level of safety as comp liance with the underlying regulation. In this case, approval of this exemption would advance the public interest by significantly enhancing the safety and efficiency of infrastructure operations and by providing the FAA with valuable user experience on sU AS in a context with appreciable economic and societal benefits. As described more fully below, the requested exemption would permit the operation of sUAS under tightly controlled conditions, thus ensuring that operations will not have an adverse impact on safety. To the contrary, as explained below, KC Aerial Photo, LL C anticipates that use of sUAS will enhance safety in infrastructure operations. Granting an Exemption is in the Public Interest. The safety and efficiency of infrastructure operations is hea vily dependent upon constant analysis of assets, right

- of

way, infrastructure and other assets/facilities. There are a wide variety of factors that can

affect conditions and cause problems for infrastructure. Even relatively small objects or

minor failures can lead to accidents or other incidents causing downtime of infrastructure.

Extreme weather events can lead to flooding or overheating infrastructure. For example earthquakes, landslides, and abandoned vehicles at grade crossings can block

infrastructure . The potential for sabotage and terrorism

– or even just trespassing

– are also among the many risks that modern infrastructure faces.

As a result, pursuant to federal regulations and company policy, our client’s maintenance employees routinely inspect t he infrastructure, such as bridges, tunnels, support structures, and signals. At present, this work is done primarily by company personnel in motor vehicles, on foot, in specialized equipment. This is often a labor

- intensive and

sometimes arduous job. While our clients do all they can to make these inspections as safe as possible, there is an irreducible element of risk involved whenever employees are required to go out on structures. Employees may need to climb over or onto structures,

wh ich can be slippery, rough, and/or exposed to the elements. Some structures, such asbridges, are high above the ground. Equipment moving through inspection zones can increase risk as well, especially in high

- traffic areas. While the use of sUAS for supple mental infrastructure and general asset evaluation would not eliminate these risks entirely (as it is an additive safety measure), it would reduce the risks to employees by allowing for remote aerial review.

Additionally, the sheer amount of assets and th e widely dispersed locations

– in many instances far from sizeable population centers

– means that visual inspection in all instances by company personnel can be inefficient. Aerial analysis by traditional fixed wing aircraft is impractical because the req uired altitudes for safe flight reduce visibility below meaningful levels

– it is simply not possible to see all asset anomalies from such heights. Helicopters present better vantage points; however manned helicopters are much more costly, subject to human safety and carry highly explosive jet fuel making them impractical for deployment. By using sUAS for supplemental asset evaluation, KC Aerial Photo, LLC will be able to substantially upgrade its capacity to detect and address issues with the right

- of

- way and other assets before they become a problem for safe operations. Thus, the use of sUAS has the potential to improve efficiency, resulting in faster and safer delivery of goods, energy & natural resources vital to the U.S. economy.Granting an Exemption will not Adversely Affect Safety KC Aerial Photo, LLC notes that there is no applicable standard for an equivalency determination. Some have argued that the appropriate standard is that for model aircraft, noting that their operations, if conducted for recreational purposes, would fall completely within the allowable operations for model aircraft. We believe it is difficult to argue that there is sufficient correlation between model operations controlled by the Academy of

Mod el Aeronautics and the ones contemplated by KC Aerial Photo, LLC. At the same time, it is clear that equivalency cannot be established for traditional, manned civil aircraft because the design and use profiles between traditional aircraft and sUAS are simp ly too different. As such, we believe it makes more sense to focus on why the contemplated operations would not adversely affect safety, which is all that §11.81(e) requires.

Granting an exemption will not adversely affect safety. KC Aerial Photo, LLC

con templates conducting sUAS operations over client owned or controlled land, solely during daylight hours, at altitudes well below that which would pose a risk to other aircraft. In general, sUAS operations are intended to be conducted in areas distant from both congested areas and airports. Moreover, because of the inherent risks presented by standard infrastructure operations, our clients have already taken steps to secure property against unauthorized public access. For example, substantial stretches of pi peline, utilities, railroad track and oil production sites are fenced, elevated, or otherwise secured to prevent access. Other long stretches of infrastructure are, as noted above, in very remote wilderness areas. The nature of operations anticipated by KC Aerial Photo, LLC requires that the sUAS be flown at relatively low altitudes and relatively low speeds. KC Aerial Photo, LLC expects that in most instances, the sUAS will be flown less than 75 feet from the highest structure along the path of the sUAS. A ccordingly, the risk of

interference with another aircraft is min imal. KC Aerial Photo, LLC will not conduct sUAS operations within five miles from any public airports (including heliports). In the event an operation needs to be conducted closer to an airp ort or heliport , KC Ae rial Photo, LLC will inform local airport operator and local airport air traffic control tower of the contemplated operation and will comply with any directions issued by air traffic control at that airport.

Approval of exemptions al lowing commercial operations of sUASs in the infrastructure aerial inspection industry will enhance safety by reducing risk. Conventional operations, using jet or piston power aircraft, operate at extremely low altitudes just feet from the subject being inspected and in extreme proximity to people and structures; and present the risks associated with vehicles that weigh in the neighborhood of 4,000lbs., carrying large amounts of jet A or other fuel (140 gallons for jet helicopters). Such aircraft m ust fly to and from the inspection site. In contrast, a sUAS weighing fewer than 55 lbs. and powered by batteries eliminates virtually all of that risk given the reduced mass and lack of combustible fuel carried on board. The sUAS is carried to the inspect ion site. The sUAS will carry no passengers or crew and, therefore, will not expose them to the risks associated with manned aircraft flights.The operation of small UASs, weighing less than 55 lbs., conducted in the strict conditions outlined above, wi ll provide an equivalent level of safety supporting the grant of the exemptions requested herein, including 333 Aircraft Exemption Status exempting the applicant from conventional aircraft requirements and allowing commercial operations. These lightweight aircraft operate at slow speeds, close to the ground, and in a controlled environment and, as a result, are far safer than conventional operations conducted with turbine helicopters operating in close proximity to the ground and people.

KC	Aerial	Photo,	L LC	initially	intends	to	use	a	dedicated	staff	for	sUAS	operations.	All operations	will	be	within	visual	line

- of

- sight	(i.e.,	no	more	than	approximately	0.5 miles	from	the	manipulator	of	the	controls,	or pilot	in	command	(PIC)). Each	PIC	will

conduct	at	lea st	three	take

- offs	and	landings	with	the	sUAS	on	which	he	or	she	is trained	every	90 days at	a	secure	location .	PIC’s	will	establish	their	qualifications

thru	a	combination	of aeronautical knowledge, UAS airmanship skills, and

verification through testing of flight ability before infrastructures operations have

commenced. Depending	on	the	type	of	operation, additional gro und

- based visual spotters will b e employed as well. These spotters will be within constant visual line of sight and in direct constant contact with the PIC. The visual spotters will assist the PIC in avoiding objects near the sUAS and oversee safety on site for all clients.

There are no standards for either Private or Commercial sUAS pilot certificates. The safe operation and control of the UAS as described in this application does not depend on the type of FAA license held by the PIC. Given the restricted and controlled airspace within which operations will take place, the key factors needed by the PIC are knowledge of the airspace within which the operation will take place and how that airspace fits into the National Airspace System (NAS). That knowledge can be and is gained primarily through ground school and not through flight training in fixed wing or rotor aircraft, nor

is it d ependent on the acquisition of a commercial or private pilot’s certificate. Those certificates demonstrate knowledge of the factors and skills needed for the safe operation of those types of aircraft (fixed wing or rotorcraft). It cannot be assumed that a commercial pilot, approved to operate a helicopter or fixed wing aircraft, has the skill or ability to safely operate a small unmanned aerial vehicle, operating at 400 AGL or lower, within strictly controlled pre

- approved airspace. Besides knowledge of air space regulations, dexterity in the control and operation of the sUAS acquired from actual operation of the aircraft is the most important factor in establishing an equivalent level of safety. If the PIC has acquired the necessary knowledge of airspace req uirements, the

relevant issues are (1) where the aircraft will be flown, (2) the size of the aircraft relative

to what is being used today to accomplish the same mission, and (3) what precautions

will be taken to ensure the safety of those in the area of o peration. The aircraft be operated within a secure environment

. Should there be a mishap, the sUAS being flown pose significantly less of a threat than the helicopters and fixed wing aircraft now being employed because they are a fraction of the size, carr y no flammable fuel, do not carry crew or passengers, and pose an infinitesimal risk to others. This is in stark contrast to

conventional aircraft that are flown to the site, carry explo sive fuel, carry passengers and crew, and operate in a much larger are a.Minimum requirements for the PIC include:

1 ) A minimum of 200 flight cycles and 25 hours of total time as a sUAS rotorcraft pilot and at least 10 hours logged as a sUAS pilot with a similar sUAS type (single blade or multirotor); documented by KC Aeria l Photo, LLC

2 ) A minimum of 5 hours as sUAS pilot with the make and model of sUAS to be utilized for operations under the exemption and 3 take offs and landings in the preceding 90 days.

3 ) Have undergone a qualification process as specified in the KC Aer ial Photo, LLC Flight Operations &Procedures Manual consisting of a knowledge & skill test of the

aircraft to beused. Oral exam administered by KC Aerial Photo, LLC ownership. 4) Certifications: Academy of Model Aeronautics Full Member, Unmanned Aerial

V ehicle United States Member, Association for Unmanned Vehicle Systems International Member, Unmanned Experts “ Initial	Qualification	Training

- Small	UAS	(IQT1)

certification.”

IQT1	Course	Work	Description: The	8	Module	IQT	Short	Course	has	been	built	from	‘best	practices’	in	both	manned,

radio

- controlled	and	UAS/RPAS	international	communities	and	is	designed	to provide	essential	aeronautical	information	for	serious	amateurs	and	professionals operating	Small UAS	in	National	Airspaces.	Topics	include	all	applicable	regulations and	guidance	documents;	aeronautical	background	information	such	as	charts,
NOTAMS	and	Aircraft	Circulars;	Radio	Communications	Procedures;	Human	Factors and	Crew	Resource	Management;	Bas ic	Small	UAS	Aerodynamics;	Weather	factors; Airmanship	and	Decision

- making	and	Safe	Operating	Procedures.	No	prior knowledge	is	required	for	entry	onto	the	course.	Individual	Course	Lectures	include:

SR1.	Small	UAS	Regulations	&	Guidance

F5.	Basic	Aeron autical	Data SF1.	Small	UAS	Aerodynamics

F6.	Radio	Communications	Procedures

SW1.	Small	UAS	Weather SO1.	Small	UAS	Operational	Art SO2.	Small	UAS	Safe	Operations SQ1.	IQT	Qualifying	Quiz

5)Be	at	least 18 years	old. 6)Make	available	to	the	FAA,	upon request,	the	small	UAS	for	inspection	or	testing, and	any	associated	documents/records	required	to	be	kept	under	the	proposed

rule. 7)Report	an	accident	to	the	FAA	within	10	days	of	any	operation	that	results	in injury	or	property	damage. 8)Conduct	a	pref light	inspection,	to	include	specific	aircraft	and	control	station systems	checks,	to	ensure	the	small	UAS	is	safe	for	operation.9)	Upon	Availability:	Operators	would	be	required	to:

- Pass	an	initial	aeronautical	knowledge	test	at	an	FAA

- approved	kno wledge	testing

center.

- Be	vetted	by	the	Transportation	Security	Administration.

- Obtain	an	unmanned	aircraft	operator	certificate	with	a	small	UAS	rating	(like existing	pilot	airma n	certificates,	never	expires).

- Pass	a	recurrent	aeronautical	knowledge test	every	24	months.

KC Aerial Photo, LLC intends to use commercially available sUAS Components for sUAS. These sUAS systems will be tested for quality & safety in our test facility before being deployed to the field. The sUAS is less than 55 lbs. full y loaded, carries neither a pilot nor passenger, and operates exclusively within a secured area. We have a routine maintenance schedule to verify that the sUAS will remain in safe and operational condition. Please see Appendix B, for Specific Types of sUAS.

Notes Regarding: 14 C.F.R. Part 21, Subpart H

In accordance with the statutory criteria provided in Section 333 of PL 112

- °©

‐ 95 in reference to 49 USC 44704, and in consideration of the size, weight, speed, and limited Operating area associated with the aircraft and its operation, we request that this aircraft exemption meets the conditions of Section 333. Therefore, if granted Section 333 relief of 14 CFR part 21, and any associated noise certification and testing requirements of part 36, is not nec essary.

Notes Regarding: 14 C.F.R. § 45.23 (b). Marking of the Aircraft

Given the size of the sUAV, two

- inch lettering will be impossible. UA will 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 will be as large as practicable.

Notes Regarding: 14 CFR § 91.7(a) Civil Aircraft Airworthiness

KC Aerial Photo, LLC’s request is based on the fact that no airworthiness certificate w ill be issued for

the UAS. KC Aerial Photo, LLC’s UAS will not require an airworthiness certificate in accordance with 14 CFR part 21, Subpart H. Based on the fact that an airworthiness certificate will not be issued, exemption from § 91.7(a) is not necess ary.

Notes Regarding: 14 CFR § 91.9(b)(2) Civil aircraft flight manual, marking & placard
Certifications required, the original intent of these regulations was to display an aircraft’ s airworthiness, certification, and registration documents so they would be easily available to inspectors and passengers. Based on the FAA Memorandum subject “Interpretation regarding whether certain required documents may be kept at an unmanned aircraft’s control station,” dated August 8, 2014, the requested relief from 14

C FR §§ 91.9(b)(2) and 91.203(a) and (b) is not necessary.

Notes Regarding: §91.109 Flight instruction; Simulated instrument & certain flight tests
Small UASs, by their design, do not have fully functional dual controls. Flight control is accomplished

throu gh the use of a control box that communicates with the aircraft via radio communications. Aircraft being considered for use by KC Aerial Photo, LLC allow the UAS Instructor to place the aircraft into ‘loiter’ mode (fixed altitude stationary hold). In the e vent of the student losing control, the UAS Instructor can quickly and via alternate equipment (equipment not in the hands of the student) place the aircraft into a

mode that then allows the instructor to bring the aircraft back into control and back to th e predetermined and/or safe landing location. KC Aerial Photo, LLC does not describe training scenarios in which a dual set

of controls would be utilized or required, i.e. dual flight instruction, provided by a flight instructor or other

company

- designated individual, that would require that individual to have fully fun ctioning dual controls. Rather, KC Aerial Photo, LLC evaluates the qualification of its PICs based on their experience with theUAS to be operated and verifies through testing, in lieu of for malized training. As such, KC Aerial Photo,

LLC does not seek relief from 14 CFR § 91.109.

Notes Regarding § 14 CFR 91.119(b)
Relief from § 14 CFR 91.119(b), operation over cong ested areas, is not applicable, because the KC Aerial

Photo LLC’s operations w ill only be conducted within the secured area described herein.

Support for Petition for Exemption In accordance with the procedural requirements of 14 C.F.R. §11.81, KC Aerial Photo,

LLC provides the following information:

Contact Information: Nicolas Rodriguez

Founder/CEO KC Aerial Photo, LLC

9437 Ballentine St. Overland Park, Kansas (913)

- 271

- 4819 KCAerialPhoto@gmail.com

Regulatory Provisions from which KC Aerial Photo, LLC seeks an Exemption KC Aerial Photo, LLC believes it may need an exemption from the following provisions to conduct the contemplated operations. In some instances, relief is needed because relief from another provision renders compliance with the regulation at hand infeasible. 333 Aircraft Exemption Status

14 C .F.R. §61.113(a) and (b) 14 C.F.R. §91.119(c) 14 C.F.R. §91.121 14 C.F.R. §91.151 14 C.F.R. §91.405(a) 14 C.F.R. §91.407(a) 14 C.F.R. §91.409(a)(1)&(2) 14 C.F.R. §91.417(a)&(b)

KC Aerial Photo, LLC believes an exemption is only needed from the above

- listed regulatory provisions. To the extent that the FAA believes that additional relief is required for KC Aerial Photo, LLC to conduct the operations described here, we request an exemption from any such regulatory provisions as well. 3

3 For exam ple, 14 C.F.R. §91.417(a) imposes certain maintenance record keeping requirements “as applicable”. Since none of the underlying requirements (e.g., inspection intervals) can be met and will require an exemption, KC Aerial Photo, LLC believes a separate exemption should not be required for §91.417(a).KC Aerial Photo, LLC anticipates initially using a cadre of specially trained staff to conduct the sUAS operations. While these individuals will not hold commercial pilot

li censes. The sUAS will not carry property for compensation or hire since they will be used solely to assist in evaluation of the infrastructure, equipment, right

- of

- way, assets, bridges, tunnels and out

- buildings in furtherance of KC Aerial Photo, LLC’s cli ent’s primary business, the successful operation of a infrastructure; however, the employees’ operation of the sUAS will not be incidental to their employment with KC Aerial Photo, LLC, and they will be compensated for such work. Without an exemption, the pilot would be required to hold a commercial pilot certificate under §61.133. However, the risk associated with the contemplated operations is less than the risk posed by a traditional aircraft. The sUAS will fly at altitudes well below the permissible lim its for other civil aircraft, eliminating the risk to other aircraft, and within a geographical envelope under the sole control of KC Aerial Photo, LLC’s clients. Accordingly, the risk would be limited to KC Aerial Photo personnel, who will be appropriatel y outfitted in safety gear, and KC Aerial Photo, LLC’s client’s property on the ground. Requiring a commercial pilot certificate would provide no appreciable safety benefit and would needlessly impose additional cost on KC Aerial Photo, LLC. Because the co ntemplated operations would not comply with §61.113(b)(1) and none of the other exceptions to paragraph (a) apply, relief is needed from both paragraphs (a) and (b).

14 C.F.R. 91.119(c) §91.119 Minimum safe altitudes: General. Except when necessary for takeoff or landing, no person may operate an Aircraft below the following altitudes:

(c) Over other than congested areas. An altitude of 500 feet above the surface, except over open water or sparsely populated areas. In those cases, the aircraft may not b e operated closer than 500 feet to any person, vessel, vehicle, or

structure.

KC Aerial Photo, LLC submits that the only relief it requires from §91.119 is from the minimum altitudes listed in paragraph (c). Relief is required from paragraph (c) for fixed wing operations because asset evaluation conducted at 500 feet or higher is insufficiently distinct to be meaningful. Since operations at this altitude also pose a heightened risk of collision with another aircraft, safety can only be assured through the grant of an exemption. The anticipated rotorcraft operations should be adequately addressed by paragraph (d) (1). Additionally, relief should not be needed from paragraph (a) because an emergency landing of the aircraft due to a power failure will not crea te an undue hazard to persons or property on the surface. As noted in the explanation of why an exemption will not adversely affect safety, KC Aerial Photo, LLC clients has exclusive use of the land over which the sUAS will be operated, and public access i s restricted. It also has exclusive use of significant portions of land adjacent to the infrastructure and structures that will be the objects of evaluation and analysis. KC Aerial Photo LLC’s Clients tightly control access to land and have the ability to assure that no individuals unassociated with the planned operations are on the affected land. As such, the risk ofinjury is minimal. KC Aerial Photo, LLC does not contemplate conducting operations over congested areas, so relief is not requested from para graph (b).

14 C.F.R. 91.121 14 C.F.R. §91.121 Altimeter Settings This regulation requires each person operating an aircraft to maintain cruising altitude by reference to an altimeter that is set “...to the elevation of the departure airport or an appropriat e altimeter setting available before departure.”

As the sUAS may not have a barometric altimeter, but instead a GPS altitude read out, an exemption may be needed. An equivalent level of safety will be achieved by the operator, pursuant to the Manual and Safety Check list, confirming the altitude of the launch site shown on the GPS altitude indicator before flight. Altitude information will be provided to the sUAS pilot via a digitally encoded telemetric data feed, which downlinks from the aircraft to a gr ound

- based on

- screen display. This altitude information will be generated by equipment installed on board the aircraft, using GPS triangulation, or digitally encoded barometric altimeter, or radio altimeter, or any combination thereof. Prior to each flight , a zero altitude initiation point will be established and confirmed for accuracy by the pilot.

14 C.F.R. 91.151 §91.151 Fuel requirements for flight in VFR conditions. (a) No person may begin a flight in an airplane under VFR conditions unless (consider ing 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. (b) No person may begin a flight in a rotorcra ft 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, to fly after that for at least 20 minutes.

Operating the sUAS in a pr e

- defined area with less than 30 minutes of reserve fuel does not raise the type of risk contemplated by §91.151, i.e., that an aircraft could run out of fuel in the event it has to be flown to an alternate airport or circle the planned airport in the even t of unanticipated conditions. KC Aerial Photo, LLC does not intend to use the sUAS for point

- to

- point flights and will not operate the sUAS beyond visual line of sight. Nor will the sUAS require an airport in order to land. Rather, KC Aerial Photo,

LLC wi ll operate the sUAS using pre

- planned flight paths (taking into account weather conditions) designed to allow the sUAS to fly to the point of intended landing. As such,

there is no need for a time based excess fuel requirement. Rather it should be sufficie nt to require only as much additional excess flight capacity as necessary to safely land the sUAS. We believe that a 25% battery reserve is more than sufficient to meet this objective.

14 C.F.R. 91.405(a), 91.407(a) (1), 14 C.F.R. 91.409(a) (1)&(2) and 14 C.F.R. 91.417(a) & (b)§91.405 Maintenance required. Each owner or operator of an aircraft

– (a) 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;

§91.407 Operation after maintenance, preventive maintenance, rebuilding, or alteration. (a) No person may operate any aircraft that has undergone maintenance, rebuilding, or

alteration unless

– (1) It has been approved for return to service by a person authorized under §43.7 of this chapter;

§91.409 Inspections. (a) Except as provided in paragraph (c) of this section, no person may operate an aircraft unless, within the prece ding 12 calendar months, it has had __ (1) An annual inspection in accordance with part 43 of this chapter and has been approved for return to service by a person authorized by §43.7 of this chapter; or (2) An inspection for the issuance of an airworthines s certificate in accordance with part 21 of this chapter.

§91.417 (a) & (b)

KC Aerial Photo, LLC believes that an exemption from these three maintenance requirements is appropriate because the FAA has not developed maintenance standards

that would allow an operator to meet the part 91 maintenance requirements. In particular, there are no individuals authorized by the FAA to approve a sUAS for return to service under §91.407(a) or to conduct the initial airworthiness and annual return to service inspection s required by §91.409(a). KC Aerial Photo, LLC will maintain the aircraft as instructed in the owner’s manual and ASTM F2909, where applicable, and will not operate the aircraft until it has reasonably determined that any needed repairs have been

made. How ever, because of the technical impossibility of meeting the requirements of §§91.405(a), 407(a), 409(a) and 417(a)&(b), we believe an exemption from these provisions is appropriate. Please do not hesitate to contact me at the phone number or via

the e

- mail address provided above should you have any questions or concerns.Respectfully submitted,

Nicolas Rodriguez Founder/CEO, KC Aerial Photo, LLC

Appendix A Summary for Federal Register Publication

Pursuant to 14 C.F.R. Part 11, the following summary is provided for publication in the Federal Register should the FAA determine that publication is needed.

Petitioner: KC Aerial Photo, LLC

Sections of 14 C.F.R. Affected: 333 Aircraft Exemption Status 14 C.F.R. §61.113(a) and (b) 14 C.F.R. §91.119 (c) 14 C.F.R. §91.121 14 C.F.R. §91.151 14 C.F.R. §91.405(a) 14 C.F.R. §91.407(a) 14 C.F.R. §91.409(a) 14 C.F.R. §91.417(a)&(b)

Description of Relief Sought:

Petitioner seeks relief from the requirements of 333 Aircraft Exemption Status, 14 C.F.R., 61.113(a)&(b)), 91.119(c), 91.121, 91.151, 91.405(a), 91.407(a), 91.409(a), and 91.417(a)&(b) to conduct sUAS operations over KC Aerial Photo, LLC’s Client’s owned

or controlled land, solely during daylight hours, to assist in the safe evaluation and analy sis of infrastructure and operations. In general, sUAS operations are intended to be

conducted in areas remote from both congested areas and airports. The nature of operations anticipated by KC Aerial Photo, LLC requires that the sUAS be flown at

relativel y low altitudes. KC Aerial Photo, LLC expects that in most instances, the sUAS will be flown less than 75 feet from the highest structure along the path of the sUAS and in no instances will be flown higher than 400 feet above the ground. Accordingly, the r isk

of interference with other aircraft is minimal.Appendix B Specific type(s), make, and model

#1 DJI Inspire 1

See Attached Flight Manuals: DJI Inspire 1 User ManualAppendix C: KC Aerial Photo, LLC Safety Operations & Procedures Overview

Technology Considerations:

Best

- in

- class, tried and proven technologies that are in advanced iterations. Software from highly

- reputable industry partners will include features:

1. Auto descent (landing) if communication signal were t o be severed. If the sUAS loses communications, the sUAS will have capability to return to a pre

- determined location within the Security Perimeter and land. 2. Auto descent (landing) if battery were to drop lower than nominal level. 3. Flights will be term inated at 25% battery power reserve. 4. Live video for operator gives real

- time positioning feedback. In other words, we can monitor the scene from the vehicle's perspective for collision avoidance, and to maintain spatial orientation.

5. The sUAS will ha ve the capability to abort a flight in case of unpredicted obstacles or emergencies.

6. On

- Screen

- Display (OSD) contains operating information to ascertain vehicle health at all times: speed, altitude, number of GPS satellites (when available), heading and voltage. 7. GPS lock supplies for return

- to

- home (RTH). Should Command and Control (C2) link failures occur (highly improbable), vehicle returns automatically to the point of launch. 8. Altitude information will be provided to the sUAS pilot via a digitally encoded telemetric data feed, which downlinks from the aircraft to a ground

- based on

- screen display. This altitude information will be generated by equipment installed on board the aircraft, using GPS triangulation, or digitally encoded barometri c altimeter, or radio altimeter, or any combination thereof. Prior to each flight, a zero altitude initiation point will be established and confirmed for accuracy by the pilot.

Mechanical/Physical: 1. We will fly line

- of

- sight (LOS) only. The vehicle will always remain in direct LOS to the pilot, thus eliminating the concern of signal severance (flying behind objects/walls). 2. The sUAS will weigh less than 55 lbs and travel at less than 50 knots. 3. Batteries should far exceed the capacity required for ac tual flight time. 4. Flights will be operated at an altitude of no more than 400 feet AGL. 5. Fireproof bags for storage and charging of high capacity Lipo batteries on

- site. 6. UA operated under this exemption will be marked in accordance with 14 CFR part 45 or as otherwise authorized by the FAA.

Personnel : 1. Spotters ensure safe operation and act as a redundant set of eyes for operators (pilot, gimbal op, director) 2. Radio spectrum analysis for interference on the frequencies utilized for vehicle

contr ol/communication. 3. A briefing will be conducted in regard to the planned sUAS operations prior to each day’s activities. It will be mandatory that all personnel who will be performing duties within the boundaries of the safety perimeter be present for th is briefing. 4. The operator will obtain the consent of all persons involved in the sUAS operations and ensure that only consenting persons will be allowed within 100 feet of the flight operations.5. Spotter and pilot will at all times be in direct contac t 6. Written and/or oral permission from the relevant property holders will be obtained. 7. Pilot and spotter will have been trained in operation of UAS generally and received up

- to

date information on the particular UAS to be operated.

Operations :
1. The unmanned aircraft (UA) must weigh less than 55 pounds (25 Kg), including energy source(s) and equipment. Operations authorized by this petition of exemption are limited to the following aircraft described in Appendix B. Proposed operations of any other ai rcraft will require a new petition or a petition amendment to this request.

2. The UA may not be flown at a ground speed exceeding 50 knots.

3. Flights must be operated at an altitude of no more than 400 feet above ground

level (AGL), as indicated by the procedures specified in the operator’s manual. All altitudes reported to ATC must be in feet AGL.

4. The UA must be operated within visual line of sight (VLOS) of the PIC and Visual Spotter “VS” at all times. This requires the PIC to be able to use human vision unaided by any device

other than corrective lenses.

5. All operations must utilize a VS at all times. The VS may be used to satisfy the VLOS requirement as long as the PIC always maintains VLOS capability. The VS and PIC must be able to communicate verbally at all times.

6. The operator’s manual included as Appendix C and this petition 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 ope rator 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 pe titions for extension or amendment. If the operator determines that any update or revision would affect the basis for which the FAA grants this petition for exemption, then the operator must petition for amendment to their exemption. The FAA’s UAS Integrat ion 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 tha t 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, if utilized, must be included in th e preflight inspection. All maintenance and alterations must be properlydocumented in the 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 t he flight. The requirements and procedures for a functional test flight and aircraft record entry must be added to the operator’s manual.

9. The operator must follow the manufacturer’s UAS aircraft/component, maintenance, overhaul, replacement, inspection , and life limit requirements. When unavailable, aircraft maintenance/component/overhaul, replacement, and inspection/maintenance requirements must be established and identified in the operator’s manual. At a minimum, requirements for the following must be included in the operator’s manual: a. Actuators / Servos; b. Transmission (single rotor); c. Powerplant (motors); d. Propellers; e. Electronic speed controller; f. Batteries; g. Mechanical dynamic components (single rotor); h. Remote command and control; i. Ground control station (if used); and j. Any other components as determined by the operator

10. The Pilot In Command (PIC) must possess a “Full Membership” of the Academy of Model Aeronautics (AMA), Unmanned Aerial Vehicle United States Member,

Associa tion for Unmanned Vehicle Systems International Member, Unmanned Experts

“ Initial	Qualification	Training

- Small	UAS	(IQT1) certification.”

11. Prior to operations conducted for the purpose of infrastructure inspections, the

PIC must have accumulated and logged, in a manner consistent with 14 CFR § 61.51(b), a minimum of 200 flight cycles and 25 hours of total time as a UAS rotorcraft pilot and at least 10 hours logged as a UAS pilot with a similar UAS type (single blade or multirotor). 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 petition of exemption to accomplish the required flight cycl es and flight time. 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.

12. Prior to operations conducted for the purpose of infrastructure inspection, the PIC must have accumulated and logged, in a manner consistent with 14 CFR §61.51(b), a minimum of five hours as UAS pilot operating the make and mode l of UAS to be utilized for operations under the exemption and three take

- offs and three landings in the preceding 90 days. Training, proficiency, experiencebuilding,

and take

- off and landing currency flights can be conducted under this petition of exempti on to accomplish the required flight time and 90 day currency. During training, proficiency, experience

- building, and take

- off and landing currency flights all persons not essential for flight operations are considered nonparticipants, and the PIC must ope rate the UA with appropriate distance from nonparticipants in accordance with 14 CFR § 91.119.

13. Prior to any flight operations authorized by this petition of exemption, the PIC and VS must have successfully completed the certification process. As this is a requirement stipulated by the operator, the test must be developed and implemented by a qualified person designated at the sole discretion of the operator. A record of completion of this qualification process must be documented and made available to t he Administrator

upon request.

14. Prior to operations conducted for the purpose of infrastructure inspection, a flight demonstration, administered by an operator

- approved and

- qualified pilot must be successfully completed and documented. This documentation must be available for review upon request by the Administrator. Because the knowledge and airmanship test qualifications have been developed by the operator, and there are no established practical test standard s that support a jurisdictional FAA FSDO evaluation and approval of company designated examiners, the petitioner will conduct these tests in accordance with the operator’s manual.

15. The UA may not be operated directly over any person, except authorized and consenting personnel, below an altitude that is hazardous to persons or property on the surface in the event of a UAS failure or emergency.

16. Regarding the distance from participating persons, the operator’s manual has safety mitigations for authori zed and consenting personnel. At all times, those persons must be essential to the operations.

17. Regarding distance from nonparticipating persons, the operator must ensure that no persons are allowed within 500 feet of the area except those consenting t o be involved and necessary for the infrastructure inspection operations. This provision may be reduced to no less than 200 feet if it would not adversely affect safety and the Administrator has approved it. For example, an equivalent level of safety may b e determined by an aviation safety inspector’s evaluation of the infrastructure inspection area to note terrain features, obstructions, buildings, safety barriers, etc. Such barriers may protect nonparticipating persons (observers, the public, news media, etc.) from debris in the event of an accident.

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

pre

- determined location within the security perimeter and land or be recovered inaccordance with the operator’s manual.

19. The UAS must abort the flight in the event of unpredicted obstacles or emergencies in accordance with the operator’s manual. 20. Each UAS operation must be completed with 25% battery power remaining.

21. The operator must obtain written or oral consen t from all property owners.

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, Subp art C. Markings must be as large as practicable.

23. The operator must develop procedures to document and maintain a record of the UAS maintenance, preventative maintenance, alterations, status of replacement/overhaul component parts, and the total time i n service of the UAS. These procedures must be added to the operator’s manual.

24. Each UAS operated under this exemption must comply with all manufacturer Safety Bulletins.

25. The operator must develop UAS technician qualification criteria. These crite ria must be added to the operator’s manual.

26. The preflight inspection section in the operator’s manual must be 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.

27. Before conducting operations, the radio frequency spectrum used for operation

and control of the UA must comply with the Federal Communications Commission (FCC) or other appropriate government oversight agency requirements.

28 . The documents required under 14 CFR §§ 91.9 and 91.203 must be available to

the PIC at the Ground Control S tation 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.

29 . The UA must remain clear and yield the right of way to all other manned operations and acti vities at all times (including, but not limited to, ultralight vehicles, parachute activities, parasailing activities, hang gliders, etc.).

30 . 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.31 . The UAS may not be operated by the PIC from any moving device or vehicle.

32 . 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.

33 . The UA may not operate in Class B, C, or D airspace without written approval from the FAA. The UA may not operate within 5 nautical miles of th e geographic

center of a non

- towered 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 as required by the oper ator’s COA. The letter of agreement with the airport management must be made available to the Administrator upon request.

34 . 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 We b site: www.ntsb.gov. Further flight operations may not be conducted until the incident, accident, or transgression is reviewed by AFS

- 80 and authorization to resume operations is provided.Please see the attached Confidential & Proprietary: KC Aerial Photo, LLC Safe Flying Operation Procedures , Written Consent Form



### Safe Flying Operations **Procedure :** 

**-** Signed	Written	Consent	form required	before any surveying,	inspection, filming	or

photography

- Equipment	will	not	be	operated	in a	careless	or	reckless	manner

- Always	operating under	the	FAA	mandated	4 00	feet	above	ground	level	(AGL)

- Will	not	operate	within	5	miles	of a ny airport

- No	operation	above	large	crowds	of	people

- Proper	and	thorough	equipment	safety	check	before	each	fl ight

- Operator and	spotter	keep a	direct	visual	line	of	sight	(VLS)	of	equipment	while	operating

- Establish	a	home	point	during	aerial	take	offs	that	is	clear	of	trees	or	structure

- Never	operating	under	the	influence	of	drugs	or	alcohol

- Never	operate	in	areas	of	high	winds or	gusts exceeding	20mph

- Never	operate	during	inclement	weather

- 2	employees	on	site	(1	pilot,	1	spotter)	who	is	in	direct	contact	with	operator

- Always	have	pre	flight	plans	prior	to	operation

- Never	exceed	factory specified	takeoff	weight	of	equipment

- In dicated	airspeed	not	to	exceed	5 0	knots

- Paper	work	on	hand	at	all	times	(Flight	plan,	consent	forms,	safety	protocol)

- Record	any	alterations	or	any	maintenance,	and	there	must	be	a	recorded	test	flight

- Maintena nce,	inspection	and	alterations	must	be	noted	in records

- The	flight	must	be	aborted	in	the	event	of	unpredicted	obstacles	or	emergencies

- First	aid	kit	available	at	all	time	during	operation

- Aerial operator is a current AMA (Academy of Model Aeronautics ) memberWritten Consent Form

Date (s) :	________________________

____

I	____________________________	(Owner/Client)	hereby	authorizes KC	Aerial	Photo,	LLC

and	any	associates	to	perform	such	tasks	needed	related	to	Photography	and

Filming	on	such	premises.	I	consent	to	the	occupancy	of KC	Aerial	Photo,	LLC and

photographic	procedures	such	as	(Recording	film,	taking	photographs,	or	other

filming	procedures)	to take	place	within	the	dates	listed above. A s	well	as

authorization	for KC	Aerial	Photo,	LLC to	use	material	in	website	portfolio	and

marketing

.

________________________________ ______________________________________ (Clients	Address).

Sign ed: _______________________________ (KC Aerial Owner)

Signed: _______________________________ (Client)