KELLER 

305 North 3rtl Avenue, Suite A• Pocatello, ID 83201 a s s o c i a t e s 208.238.2146 phone • 208.238.2162 fax • www.kellerassociates.com 

January 7, 2016 

U.S. Department of Transportation, Docket Operations 

West Building Ground Floor, Room W12-140 

1200 New Jersey Avenue, SE 

Washington, DC 20590 

Re: Exemption Request Section 333 of the FAA Reform Act and Part 11 of the Federal Aviation 

Regulations form 14 CFR Part 21; 14 CFR 45.23(b); 14 CFR 47.3 (b) (2); 14 CFR 47.31 (c); 14 CFR 61.113 

(a) &(b); 14 CFR 91.7 (a); 14 CFR 91.9 (b) (2); 14 CFR 91.103; 14 CFR 91.109; 14 CFR 91.119; 14 CFR 

91.121; 14 CFR 91.151 (a); 14 CFR 91.203 (a) &(b); 14 CFR 91.215 (a) &(b); 14 CFR 91.131 (d); 14 CFR 

91.205 (b); 14 CFR 91.405 (a); 14 CFR 407 (a) (1); 14 CFR 409 (a) (2); 14 CFR 417 (a) &(b) 

Dear Sir or Madam: 

Pursuantto Section 333 ofthe FAA Modernization and ReformAct of 2012 ("FMRA"), Ke1lerAssociates, Inc. 

(Ke1lerAssociates) hereby requests a determinatic,n by the Secretary of Transportation authorizing 

conduct of commercial operations of its UAS for the purposes of aerial photography, construction site 

inspectiori and infrastructure inspection. Pending a grant of exemption, Keller Associates will be using 

sUAS Phantom 3 Advanced model manufactured by DJI which weighs less than 51bs and has a top speed 

of less than 32 knots. Operations will be conducted within and under the safeguards outlined herein and 

as maybe established bythe FAA under FMRA Section 333(c). 

Keller Associates also petitions for exemptions as necessary to effect the determination requested 

pursuant to FMRA Section 333. The documentation provided includes detailed exemption requests that 

demonstrate how these exemptions are in the public interest and will maintain at least an equal level 

of safety to existing regulations. Authorizing Keller Associates to conduct commercial UAS operations 

would enhance community education and awareness of UAS. Further, operation of UAS vehicles in 

these commercial operations are less disruptive, safer, and more cost effective than manned aviation 

equivalents due to the low altitude environment, given the size, speed and inherent risk of traditional 

commercial helicopter operations. Keller Associates will conduct the commercial UAS operations in a 

manner that will meet, and in many cases exceed, the current level of safety of commercial helicopter 

operations. Keller Associates will employ UAS that are under 55 lbs., have a low noise signature, and carry 

no volatile fuel, which will limit collateral damage in the event of catastrophic failure. The low expense 

of operation compared to cost prohibitive manned aviation alternatives allows a greater economic 

benefit to the municipalities and small water systen-ls that are our primary client base. For these 

reasons, granting an exemption under FMRA Sec.tion 3 3 3 (c) is in the public interest. UAS technology 

used for these commercial purposes benefit the public interest in the following ways: 

• Reduces the collateral damage risks to iife and property associated with low altitude 

helicopter operations. 

• Increased public awareness regardin;; safe and responsible utilization of t1AS. 

• Increased economic wellbeing to local businesses via cost reductions. 

• Enabling aerial business solutions to be available to a larger market. 

• More efficient and frequent inspection of infrastructure due to reduced cost. 

Engineering Solutions, Satisfied Clients 

Clarkston • Idaho Falls • Meridian • Pocatello • Rock Springs • Salem 
Keller Associates proposes to fly the DJI Phantom 3 Advanced; a proven aircraft now operating in the 

United States under certificates of authorization (COA) issued by the FAA. The aircraft are batterypowered weighing less than 5 pounds and will be flown at a maximum altitude of 400 feet by Keller 

Associates, during daylight, within the visual line of sight of the pilot, and subject to strict operating 

safeguards. 

Operations will be subject to applicable Federal Aviation Regulations, Keller Associates' operating and 

safety protocols, and additional safety and risk management standards and protocols dictated by each 

specific client for which KellerAssociates conducts services. These safeguards include failsafe and 

lost-link mechanisms to preview "fly-aways" and specific, validated procedures for system and 

equipment failures. Keller Associates will only fly in predetermined and preapproved airspace; and will 

obtain airspace waivers and otherwise coordinate with the FAA as necessary to ensure safe operations. 

We trust we have provided all of the necessary background and information needed to approve this 

request consistent with FMRA Section 333. If you have any questions or need additional information, 

please contact Zoe Liptak at zliptak@kellerassociates.com or 208-238-2146. We look forward to being 

a constructive contributor to the growing integration of UAS technology. 

Sincerely, 

James P.ullen P.E. 

~rVice Pre ent 

Attachment: Exemption Request Application 
14 C.F.R. § 45.23: Aircraft Marking and Identification Requirements 

This regulation provides when marks include only the Roman capital letter "N" and the registration number is 

displayed on limited, restricted or light-sport category aircraft or experimental or provisionally certificated 

aircraft, the operator must also display on that aircraft near each entrance to the cabin, cockpit, or pilot station, in 

letters not less than 2 inches nor more than 6 inches high, the words "limited," "restricted," "light-sport, 

"experimental," or "provisional," as applicable. 

Equivalent Level of Safety 

Our UAS will ensure compliance with § 45.29(f) to meet the intent of the regulation by displaying the registration 

number in the largest practicable lettering on the body of the sUAS. If the sUAS body design does not offer a 

reasonable place to display the registration number, it will be displayed in the battery compartment. Additionally, 

the FAA has issued the following exemptions to this regulation as Exemptions Nos. 10700, 8738, 10167 and 

10167A. 

14 C.F.R. § 47.3(b)(2) and 47.31(c): Carriage of Registration 

These regulations require that an applicant for aircraft registration carry "in the aircraft" the second copy of the 

registration application as temporary authority to operate without registration. 

Equivalent Level of Safety 

Given the size and configuration of our UAS, there is no room to carry the document aboard the aircraft. 

Maintaining this document at the pilot's control station would meet the intent of the rule and establish an 

equivalent of safety. 

14 C.F.R. § 61.113(a) &(b) and 61.133(a)(1)(ii): Private and Commercial Pilot Privilege and Limitations 

14 C.F.R. § 61.113: (a) Except as provided in paragraphs (b) through (g) of this section, no person who holds a 

private pilot certificate may act as pilot in command of an aircraff that is carrying passengers or property for 

compensation or hire; nor may that person, for compensation or hire, act as pilot in command of an aircraft. (b) A 

private pilot may, for compensation or hire, act as pilot in command of an aircraft in connection with any 

business or employment. 

14 C.F.R. § 61.133: (a) Privileges -(1) General. A person who holds a commercial pilot certificate may act as pilot 

in command of an aircraft -(ii) For compensation or hire, provided the person is qualified in accordance with 

this part and with the applicable parts of this chapter that apply to the operation. 

Equivalent Level of Safety 

Currently, there are no applicable areas identified for UAS in either the private or the commercial sector and 

therefore an exemption is required to conduct commercial operations. Our operations will achieve an equivalent 

level of safety for each individual flight especially when compared to commercial flights identified in Part 61 

when originally developed. Our operation will be conducted with pilots who hold, at a minimum, a private 

certificate of any category or class and a current FAA airman medical certificate or a valid U.S. driver's license 

issued by a state, the District of Columbia, Puerto Rico, a territory, a possession, or the Federal government. 

14 C.F.R. § 91.7: Civil Aircraft Airworthiness 

This regulation requires that no person may operate a civil aircraft unless it is in an airworthy condition. 

Equivalent Level of Safety 

Currently there is no airworthiness certificate for UAS. Daily pre- and post-flight inspections will be accomplished 

in accordance with manufactures maintenance manual(s) and guidance. During flight, the PIC will adhere to § 

91.7(b) and abort air operations immediately upon identification of an in-flight emergency or other unsafe 

condition. By complying with procedures outlined by the manufacturer, an equivalent level of safety will be 

achieved. 

Keller Associates, Inc. Exemption Application 

305 N. 3ra Avenue, Suite A 

Pocatello, Idaho 83201 
14 C.F.R. § 91.9(b)(2): Civil Aircraft Flight Manual, lVlarking, and Placard Requirements 

This regulation in 91.9 (b)(2) prohibits operation of U.S.-registered civil aircraft unless there is available in the 

aircraft a current approved Airplane or Rotorcraft Flight Manual, approved manual material, markings, and 

placards, or any combination thereof. 

Equivalent Level of Safety 

Given the size and configuration of the UAS, there is no room or capacity to carry a flight manual. By keeping all 

operating documents, manuals, authorizations and exemptions in a binder at the ground control station, we can 

meet the intent of the regulations and therefore achieve an equivalent level of safety. 

14 C.F.R. § 91.109(a): Flight Instruction 

This regulation stipulates that no person may operate a civil aircraft (except a manned free balloon) that is being 

used for flight instruction unless that aircraft has fully functioning dual controls. 

Equivalent Level of Safety 

The majority of UAS's by design are developed with single operational control through the use of pre-determined 

GPS enabled waypoints programmed before or during flight in addition to the use of a single hand held 

transmitter or control station controlled by the PIC. The design does not allow for dual controls during flight 

training and therefore the exemption is requested to train operators, build experience, and maintain proficiency. 

An equal level of safety will be achieved by conducting all training in a controlled environment. Training sessions 

will be accomplished separately from flights conducted for compensation or hire. 

14 CFR §91.119: Minimum Safe Altitudes 

Section 91.119 established safe altitudes for operation of civil aircraft. Section 91.119 (d) allows that helicopter 

may be operated at less than the minimums prescribed in paragraph (b) or (c) of this section, provided each 

person operating the helicopter complies with any routes or altitudes specifically prescribed for helicopters by the 

FAA. As this exemption is for a sUAS that is a helicopter and the exemption requests authority to operate at 

altitudes up to 400 feet Keller Associates, an exemption may be needed to allow such operations. As set forth 

herein, the sUAS will never operate higher than 400 AGL. 

Equivalent level of Safety 

The equivalent level of safety will be achieved given the size, weight, speed of the sUAS as well as the location 

where it is operated. No flight will be taken without the permission of the property owner. Because of the 

advance notice to the property owner and other participants in the activity, all affected individuals will be aware 

of the planned flight operations. Compared to flight operations with aircraft or rotorcraft weighing far more than 

the maximum 55 lbs. proposed herein and the lack of flammable fuel, any risk associated with these operations is 

far less than those presently presented with conventional aircraft operating at or below 400 feet AGL. In addition, 

the low-altitude operations of the sUAS will ensure separation between the sUAS operations and the operations 

of conventional aircraft that must comply with Section 91.119. 

14 C.F.R. § 91.121: Altimeter Settings 

This regulation requires each person operating an aircraft shall maintain the cruising altitude or flight level of 

that aircraft, by reference to an altimeter that is set when operating. 

Equivalent Level of Safety 

The UAS may not have barometric altimeter, however the UASs that will be operated by Keller Associates are 

equipped with Global Positioning System (GPS), which provide altitude and geo-location data to the operator 

without utilizing an altimeter. Due to this fact, an exemption may be needed. GPS are precise within a few feet and 

combined with fail-safes and a visual observer, the operation will meet an equivalent level of safety. 

Keller Associates, Inc. Exemption Application 

305 N. 3rd Avenue, Suite A 

Pocatello, Idaho 83201 
14 C.F.R. § 91.151(a): Fuel Requirements for Flight in VFR Conditions 

This regulation provides that no person may begin a flight in an airplane under day 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 30 minutes. 

Equivalent Level of Safety 

This regulation is written based on the capabilities of a traditional aircraft, which have flight times of several 

hours or greater; therefore, with the majority of UAS which have flight times of only an hour or less, this 

regulation would effectively deny the ability of the air vehicle to operate. The UAS will emit an audible or visual 

low battery alert at no less than 20% at which time the UAS will automatically engage the landing sequence. 

Based upon that safeguard and the small operational area in VLOS, the operation will meet an equivalent level of 

safety. Similar exemptions have been granted to other operations, including Exemptions 2689F, 5745, 10673, and 

10808. 

14 C.F.R. § 91.203(a) &(b): Civil Aircraft - Certifications Required 

This regulation provides as follows: No person may operate a civil aircraft unless it has an appropriate and 

current airworthiness certificate. No person may operate a civil aircraft unless the airworthiness certificate 

required by paragraph (a) of this section or a special flight authorization issued under 91.715 is displayed at the 

cabin or cockpit entrance so that it is legible to passengers or crew. 

Equivalent Level of Safety 

At a maximum full payload weight of 12 pounds, the UAS is too small to carry documentation, does not have an 

entrance, and is not capable of carrying passengers or crew. To obtain an equivalent level of safety and meet the 

intent of 91.203, AGL proposes the documents deemed appropriate for this aircraft by the FAA will be co-located 

with the crew at the ground control station and available for inspection upon request. 

14 CFR §91.215 (a) and (b); 14 CFR §91.131 (d); ATC transponder and altitude reporting equipment and use 

The pertinent section of 91.215 (a) &(b) requires the "(a) All airspace: U.S.---registered civil aircraft. For 

operations not conducted under part 121 or 135 of this chapter, ATC transponder equipment installed. .. 

All airspace. Unless otherwise authorized or directed by ATC, no person may operate an aircraft in the airspace 

described in paragraphs (b)(1) through (b)(5) of this section, unless that aircraft is equipped with an operable 

coded radar beacon transponder". . . 

This requirement applies 

All aircraft. In Class A, Class B, and Class C airspace areas; 

All aircraft. In all airspace within 30 nautical miles of an airport listed in appendix D, section 1 of this part from 

the surface upward to 10,000 feet MSL; 

Likewise, the pertinent section of 91.131 (d); Operating Rule in Class B Airspace 

other equipment requirements. 

"No person may operate an aircraft in a Class B airspace area unless the aircraft is equipped with 

The applicable operating transponder and automatic altitude reporting equipment specified in 

§91.215 (a) . . . and 

After January 1, 2020, the applicable Automatic Dependent Surveillance-Broadcast Out equipment specified in 

§91.225." 

Keller Associates, Inc. Exemption Application 

305 N. 3rd Avenue, Suite A 

Pocatello, Idaho 83201 
Equivalent Level of Safety 

Because of the small size and limited lifting capacity of the sUAS, the sUAS cannot be fitted with and operate a 

transponder and automatic altitude reporting equipment specified in paragraph of 91.215 (a) and (b) and 91.131 

(d). An exemption from these requirements is requested. The equivalent level of safety can be assured using the 

procedures defined for each class of airspace. 

Within the surface areas of Class "B", Class "C", Class "D" airspace 

Within the lateral boundaries of the airspace, the Pilot/"Operator" " will establish 2 way communications with 

the ATC facility having jurisdiction for that area. The Pilot/"Operator" will provide the location (heading and 

distance) relative to the center of the airspace and request clearance to "Maneuver" above that location at or 

below 400 feet AGL. The Pilot/"Operator" will be responsible for "see and avoid" traffic conflicts. The 

Pilot/"0perator" will at all times yield right of way to ANY and ALL manned flight operations. All operations 

within 5 miles of the primary airport will be pre-arranged with that controlling facility. Any and all restrictions 

placed on the operations will be complied with so that all manned operations can be conducted without 

negatively impacting flight safety. 

14 C.F.R. § 91.205(b): Required Instruments 

This regulation provides for a minimum set of operational instruments for all powered aircraft operating VFR. 

Equivalent Level of Safety 

The Command and Control station for the UAS fulfills the operational equivalent level of safety. 

14 CFR §91.405 (a); 407 (a) (1); 409 (a) (2); 417 (a) & (b): Maintenance Inspections 

These regulations require that an aircraft operator or owner "shall have that aircraft inspected as prescribed in 

subpart E of this part and shall between required inspections, except as provided in paragraph (c) of this section, 

have discrepancies repaired as prescribed in part 43 of this chapter...," and others shall inspect or maintain the 

aircraft in compliance with Part 43. 

Given that these sections and Part 43 apply only to aircraft with an airworthiness certificate, these sections will not 

apply to the applicant. Maintenance will be accomplished by the Pilot/"Operator" pursuant to the flight manual and 

operating handbook. 

Equivalent Level of Safety 

It is our intention that the PIC performs maintenance and inspection of the aircraft and be authorized to approve 

the aircraft for return to service. The PIC will ensure that the aircraft is in an airworthy condition prior to every 

flight and in addition conduct detailed inspections after every two hours of flight. Maintenance performed by the 

PIC is limited to repairing small cracks, replacing a propeller, checking electrical connections and updating 

software and firmware for the on-board computer. All other maintenance will be performed by the manufacturer 

or their designated repair facility. The PIC will document work performed in accordance with 91.417. We feel due 

to the size, construction, and simplicity of the aircraft, the PIC can ensure an equivalent level of safety. 

Keller Associates, Inc. Exemption Application 

305 N. 3rd Avenue, Suite A 

Pocatello, Idaho 83201 
Summary 

Pursuant to 14 CFR Part 11, the following summary is provided for publication in the Federal Register, should it 

be determined that publication is needed: 

Applicant seeks an exemption from the following rules: 14 CFR Part 21, subpart H; 14 CFR 45.23(b); 14 CFR 47.3 

(b) (2); 14 CFR 47.31 (c); 14 CFR 61.113 (a) &(b); 14 CFR 91.7 (a); 14 CFR 91.9 (b) (2); 14 CFR 91.103; 14 CFR 

91.109; 14 CFR 91.119; 14 CFR 91.121; 14 CFR 91.151 (a); 14 CFR 91.203 (a) &(b); 14 CFR 91.205 (b); 14 CFR 

91.405 (a); 14 CFR 407 (a) (1); 14 CFR 409 (a) (2); 14 CFR 417 (a) &(b) to commercially operate a small 

unmanned vehicle (55 lbs. or less) equipped to conduct aerial photography, construction site inspection and 

infrastructure inspection. 

Approval of exemptions allowing commercial operations of sUAs to conduct aerial photography, construction site 

inspection and infrastructure inspection will enhance safety by reducing risk. Conventional photography 

operations, using jet or piston powered aircraft, operating at extremely low altitudes, often very close to the 

subject being filmed and in close proximity to people and structures present the risks associated with vehicles that 

exceed 3,000 lbs., carrying large amounts of jet A or other fuel. In contrast, a sUAS weighing fewer than 551bs. and 

powered by batteries eliminates virtually all the risk given the reduced mass and lack of combustible fuel carried 

on board. The sUAS is carried to the location. 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 sUASs, weighing less than 551bs., conducted in the conditions outlined above, will provide 

an equivalent level of safety supporting the granting of the exemptions requested herein, including exempting the 

applicant from the requirements of Part 21 and allowing commercial operations. These lightweight aircraft operate 

at slow speeds, under 400 feet AGL and within a limited area and, as a result, are far safer than conventional flight 

operations conducted with turbine helicopters operating in close proximity to the ground and people. 

Keller Associates, Inc. Exemption Application 

305 N. 3rd Avenue, Suite A 

Pocatello, Idaho 83201 
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