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 result 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 broadly 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 as 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 maintenance 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 Infrastructure 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 usage.

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 compliance 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 sUAS 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, LLC 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 heavily dependent upon constant analysis of assets, right-ofway, 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 the 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,

which can be slippery, rough, and/or exposed to the elements. Some structures, such as
bridges, 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

supplemental 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 the 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 required 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 

Model 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 

simply 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 

contemplates 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 pipeline, 

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. Accordingly, the risk of 

interference with another aircraft is minimal. 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 airport or heliport, KC Aerial 

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 allowing 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 must

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 inspection 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, will 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,	LLC	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	least	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 ground-based visual 

spotters will be 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 dependent 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 airspace

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 requirements, 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 operation. 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, carry 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 explosive fuel, carry passengers and 

crew, and operate in a much larger area.
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 Aerial 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 Aerial 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 

Vehicle 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;	Basic	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	Aeronautical	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	preflight	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	knowledge	testing	

center.	

-Be	vetted	by	the	Transportation	Security	Administration.	

-Obtain	an	unmanned	aircraft	operator	certificate	with	a	small	UAS	rating	(like	

existing	pilot	airman	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. fully 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 necessary.

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 will 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 necessary.

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 

CFR §§ 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 

through 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 event 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 the 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 functioning dual controls. 

Rather, KC Aerial Photo, LLC evaluates the qualification of its PICs based on their experience with the 
UAS to be operated and verifies through testing, in lieu of formalized 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 congested areas, is not applicable, because the KC Aerial 

Photo LLC’s operations will 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 example, 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 

licenses. 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 client’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 limits 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 appropriately 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 contemplated 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 be 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 create 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 is 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 of 
injury is minimal. KC Aerial Photo, LLC does not contemplate conducting operations 

over congested areas, so relief is not requested from paragraph (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 appropriate 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 ground-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

(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.

(b) No person may begin a flight in a rotorcraft 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 pre-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 event 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 will 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 sufficient 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 preceding 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 airworthiness 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 

inspections 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. However, 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 

analysis 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 

relatively 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 risk 

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 Manual
Appendix 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 to 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 terminated 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 have 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 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.

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 actual 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 

control/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 this 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 contact

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-todate 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 aircraft 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 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 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 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, if utilized, must be included in the

preflight inspection. All maintenance and alterations must be properly
documented 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 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 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, 

Association 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 cycles 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 model 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 exemption 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 operate 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 the 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 standards 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 authorized 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 to 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 be

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 in
accordance 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 consent 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, Subpart 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 in 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 criteria

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 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.

29. 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, 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 the 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 operator’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 Web 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	400	feet	above	ground	level	(AGL)

-Will	not	operate	within	5	miles	of	any airport

-No	operation	above	large	crowds	of	people

-Proper	and	thorough	equipment	safety	check	before	each	flight

-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

-Indicated	airspeed	not	to	exceed	50	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

-Maintenance,	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) member
Written 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. As	well	as	

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

marketing.

______________________________________________________________________ (Clients	Address).	

Signed: _______________________________ (KC Aerial Owner)

Signed: _______________________________ (Client)