January 30, 2016

U.S. Department of Transportation 

Docket Management System 

1200 New Jersey Ave., 

SE Washington, DC 20590 

RE: Exemption Request Pursuant to Section 333 of the FAA Modernization and Reform Act of 

2012, 49 U.S.C. § 44701(f), and Part 11 of the Federal Aviation Regulations

Dear Sir or Madam:

I am submitting this Petition for Section 333 Exemption on behalf of myself and my company KC

Aerial Photography LLC under Section 333 of the FAA Modernization and Reform Act of 2012 

(“FMRA”). 

Applicant Information: 

The name of the applicant: KC Aerial Photography LLC

The primary contact for this application, which a copy to me at the address above, is: 

David Ediger

KC Aerial Photography LLC.

6520 Mastin Dr, Shawnee,

KS 66203 

KC Aerial Photography LLC is a LLC formed under the State laws of Kansas on or about June 1, 2014 

and David Ediger is the Officer and Director of KC Aerial Photography, LLC. 

Pursuant to Section 333 of the FMRA, KC Aerial Photography hereby requests a determination by the 

Secretary of Transportation authorizing commercial operations of UAS for the purposes of aerial 

photography & videography, agricultural crop surveillance, aerial inspections, augmented real estate 

listings, commercial videos and other work related to aerial photography in the NAS. Flight operations 

will utilize the off the shelf DJI family of unmanned aircraft. Conduct of UA operations will be with 

respect to FMRA Section 333(c) and the UAS “Blanket COA”. 
January 30, 2016 

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Exemption is necessary to effect the determination requested pursuant to FMRA Section 333. The 

attached documentation 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 KC Aerial Photography LLC to conduct commercial UAS operations will result in less 

disruptive, safer, and more cost effective solutions than manned aviation equivalents due to the low 

altitude environment, given the size, speed and inherent risk of traditional commercial helicopter 

operations. These commercial operations often occur in the unsafe areas of the height-velocity diagram 

requiring special precision and skill. KC Aerial Photography LLC will conduct the commercial UAS 

operation in a manner that will meet, and in many cases exceed, the current level of safety of 

commercial helicopter operations. UA that are under 25 lbs., have a low noise signature, and carry no 

volatile fuel, will limit collateral damage in the event of catastrophic failure. The low expense of 

operation compared to cost prohibitive manned aviation alternatives allow a greater economic benefit 

to businesses. For these reasons, granting an exemption under FMRA Section 333(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 life and property associated with low altitude

helicopter operations in undesirable portions of the height-velocity envelope. 

 Increased economic wellbeing to local businesses via cost reductions.

 Enabling aerial business solutions to be available to a larger market.
January 30, 2016 

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Table of Contents

I. Exemptions Requested

II. Commercial Operation/Operator 

III. Unmanned Aircraft System (UAS) 

IV. UAS Pilot-in-Command (PIC) 

V. Public Interest VI. Summary

VI. List of Attachments 

I. Exemptions Requested

Pursuant to 14 C.F.R. § 11.81(e), DK Consulting Group, Inc. requests exemption from the following 

regulations: 

 14 C.F.R. Part 21 Subpart H – Airworthiness Certificates 

o Establishes: The procedural requirements for the issuance of airworthiness certificates as required by

14 C.F.R. § 91.203(a)(1) 

Given the small size of the UA and the safeguards that will be taken as outline below, an exemption 

from Part 21 Subpart H meets the requirements of an equivalent level of safety under Part 11 and 

Section 333 of the FMRA with consideration “of the size, weight, speed, operational capability, and 

proximity to airports and populated areas of the particular UAS.” 

 14 C.F.R. § 45.23(b) – Aircraft Marking and Identification Requirements 

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

KC Aerial Photography LLC will ensure compliance with § 45.29(f) to meet the intent of the regulation 

by displaying the registration number in the largest practicable lettering. 

 14 C.F.R. 61.113 (a)(b) and 61.133(a)(1)(ii) and 61.101 – Recreational, Private and Commercial 

Pilot Privilege and Limitations 

o 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 aircraft that is carrying 

passengers or property for compensation or hire; nor may that person, for compensation or hire, act as 

pilot in command of 
January 30, 2016 

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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 

o 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. 

o 14 C.F.R. § 61.101: (a) A person who holds a recreational pilot certificate may not act 

as pilot in command of an aircraft: 

 For compensation or hire;

 In furtherance of a business;

UA operations will employ a PIC who holds, at a minimum, a recreational or sport pilot 

certificate of any category or class and a valid driver’s license. 

 14 C.F.R. 91.7(a) – Civil Aircraft Airworthiness 

o No person may operate a civil aircraft unless it is in an airworthy condition. 

The PIC will conduct daily pre and post flight inspections 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.

 14 C.F.R. 91.9(b) Civil aircraft flight manual, marking, and placard requirements

o (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. 

By keeping all operating documents, manuals, authorizations and exemptions in a binder colocated with the GCS, DK Consulting Group, Inc. meet the intent of the regulations and 

therefore achieve an equivalent level of safety. 

 14 C.F.R. 91.109(a) – Flight Instruction 

o 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. 

The majority of sUAS 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 sterile environments. Training sessions will be 

accomplished separately from flights conducted for compensation or hire. 
January 30, 2016 

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 14 C.F.R. 91.119 (c) – Minimum Safe Altitudes o Except when necessary for takeoff or 

landing, no person may operate an aircraft below the following altitudes: (b) Over any 

congested area of a city, town, or settlement, or over any open air assembly of persons, an 

altitude of 1,000 feet above the highest obstacle within a horizontal radius of 2,000 feet of the 

aircraft. (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. (d) Helicopters, powered 

parachutes, and weight-shift-control aircraft. If the operation is conducted without hazard to 

persons or property on the surface— (1) A 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. 

Commercial UAS operations will be conducted at or below the maximum altitude authorized by

COA. Given the size, weight and lack of fuel; combined with operation limitations listed below, 

the operation will be conducted with a greater level of safety than exists with current manned 

aviation operations. 

 14 C.F.R. 91.121 – Altimeter Settings 

Each person operating an aircraft shall maintain the cruising altitude or flight level of that 

aircraft, as the case may be, by reference to an altimeter that is set, when operating... SUAS are 

equipped with Global Positioning System (GPS), which provide altitude and geolocation data to 

the operator without utilizing an altimeter. Due to this fact, an exemption is required. 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.

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

o 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; 

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 sUAS which have flight times 

of only an hour or less, this regulation would effectively deny the ability of the air vehicle to 

operate. 

The PIC will achieve an equivalent level of safety by complying with all manufacturer 

guidelines and the DJI low battery failsafe system. 
January 30, 2016 

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 14 C.F.R. 91.215(b) – ATC Transponder and Altitude Reporting Equipment and Use. 

o 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 having 

either Mode 3/A 4096 code capability, replying to Mode 3/A interrogations with the 

code specified by ATC, or a Mode S capability, replying to Mode 3/A interrogations with 

the code specified by ATC and intermode and Mode S interrogations in accordance with 

the applicable provisions specified in TSO C-112, and that aircraft is equipped with 

automatic pressure altitude reporting equipment having a Mode C capability that 

automatically replies to Mode C interrogations by transmitting pressure altitude 

information in 100-foot increments. This requirement applies—

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

(2) 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;

(3) Notwithstanding paragraph (b)(2) of this section, any aircraft which was not 

originally certificated with an engine-driven electrical system or which has not 

subsequently been certified with such a system installed, balloon or glider may

conduct operations in the airspace within 30 nautical miles of an airport listed in 

appendix D, section 1 of this part provided such operations are conducted—

(i) Outside any Class A, Class B, or Class C airspace area; and 

(ii) Below the altitude of the ceiling of a Class B or Class C airspace area designated for an airport or 

10,000 feet MSL, whichever is lower; and 

(4) All aircraft in all airspace above the ceiling and within the lateral boundaries of a 

Class B or Class C airspace area designated for an airport upward to 10,000 feet 

MSL; and 

(5) All aircraft except any aircraft which was not originally certificated with an 

engine-driven electrical system or which has not subsequently been certified 

with such a system installed, balloon, or glider—

(i) In all airspace of the 48 contiguous states and the District of Columbia at and above 10,000 feet 

MSL, excluding the airspace at and below 2,500 feet above the surface; and 

(ii) In the airspace from the surface to 10,000 feet MSL within a 10-nautical-mile radius of any airport 

listed in appendix D, section 2 of this part, excluding the airspace below 1,200 feet outside of the 

lateral boundaries of the surface area of the airspace designated for that airport. 

The sUAS to be used in the proposed operation does not come equipped with a 

transponder. No transponder exists for the sUAS, which can be installed. The petitioner 

requests relief from the exemption to the extent required to operate in areas in which a 

transponder is required according the applicable regulations in this part. 
January 30, 2016 

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The PIC will achieve an equivalent level of safety by complying with all provisions of 

the COA under which operations are to be conducted. By issuing appropriate NOTAMS 

and prior ATO coordination, an equivalent level of safety can be achieved as other 

manned aircraft, which receive authorization to fly in airspace where a transponder is 

required but not operable. In order to give proper notice to the ATO, the PIC will comply

with the provisions of 91.215(d)(3). The sUAS flown under this exemption will comply

with all altitude limits and airport standoff distances required by COA, which mitigate 

hazards to aircraft controlled by the ATO in congested airspace. 

 14 C.F.R. 91.405(a), 91.407(a)(1), 91.409(a)(2) and 91.417(a) & (b) – Maintenance

Inspections 

o 91.405(a) States: 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 

o 91.407(a)(1) States: (a) No person may operate any aircraft that has undergone 

maintenance, preventive maintenance, rebuilding, or alteration unless—(1) It has been 

approved for return to service by a person authorized under § 43.7 of this chapter 

o 91.409(a)(2) States: (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—(2)

An inspection for the issuance of an airworthiness certificate in accordance with part 21 

of this chapter. No inspection performed under paragraph (b) of this section may be 

substituted for any inspection required by this paragraph unless it is performed by a 

person authorized to perform annual inspections and is entered as an ‘‘annual’’ 

inspection in the required maintenance records. 

o 91.417(a) & (b) States: (a) Except for work performed in accordance with §§ 91.411 

and 91.413, each registered owner or operator shall keep the following records for the 

periods specified in paragraph (b) of this section: (paragraphs 1 (i – iii), 2 (i – vi)); (b) 

The owner or operator shall retain the following records for the periods prescribed: 

(paragraphs 1 – 3) 

The PIC will conduct Pre/Post flight inspections and maintenance in accordance with the 

manufacturer’s guidance as stated in the operations manual. If maintenance is required, the PIC 

will conduct a dedicated test flight will be conducted to ensure safety before resuming 

commercial operations. All inspection, maintenance and alterations will be documented and 

maintained in a record. These actions will meet the intent of the regulations from which 

exemption is being requested and lead to an equivalent level of safety. 

II. Commercial Operator/Operation

Any UA flown under this exemption will be controlled by a certificated PIC. The PIC will hold, 

at a minimum, a recreational or sport pilot certificate. 
January 30, 2016

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For each flight, KC Aerial Photography LLC: 

 Will contact the controlling air traffic organization to issue a NOTAM.

 Will conduct a comprehensive worksite inspection and analysis, identifying limits of

customer property or authorized access areas. 

 Will conduct preflight planning in accordance with Section 91.103 Preflight Action.

 Will operate in those areas only with the consent of the landowner or designated

representative. 

 Will identify potential obstructions or other hazards to safe operation. 

 Will clear the area of personnel or bystanders that are non-essential to the operation, 

maintaining at a minimum, 500 feet away from non-participating persons. 

 Will conduct a preflight safety briefing to Visual Observer (VO) and participating persons. 

 Will at all times yield to manned air traffic.

 Will operate within VLOS of both PIC and VO during daylight hours only.

 Will maintain voice communications with VO and participating persons.

 Will operate under visual flight rules, in visual meteorological conditions, for the airspace in 

which the flight is conducted. 

 Will not exceed the maximum altitude as defined in the COA under which flight authorized,

as determined by the installed GPS. 

 Will keep operating documents, manuals, authorizations and exemptions in a binder 

colocated with the GCS. 

 Will immediately terminate flight, in the safest manner possible, when safety to persons or

property become compromised. 

 Will terminate flight, in the safest manner possible, when unable to comply with these 

limitations or any other limitations granted as part of this exemption. 

In order to remain at an altitude at or below the attitude prescribed by the applicable COA, 

relief is needed from Section 91.119 (c). By following these operating standards, the 

commercial operation will meet an equivalent level of safety to the regulation in which relief is 

sought. 

III.Unmanned Aircraft System

KC Aerial Photography LLC seeks exemption to operate DJI UAS. Other UAS types may be 

requested in future amendments. The DJI S800 EVO is the primary aircraft in our operation for 

which we seek exemption. The UA will be flown via RC control. This UA type is a GPS 

equipped, multirotor helicopter. A hexa-copter type rotorcraft utilizing six motors. Lithiumpolymer batteries power the UA. 

The UA also has several fail-safes for loss of RC signal, loss of GPS, and low battery as 

outlined in the respective Operation Manuals. The UA display visual and emit an audible low 

battery alerts at which time the UA will automatically engage the landing sequence. Based upon 

those safeguards, I request exemption from Section 91.151(b) Fuel requirements for flight in 

VFR conditions. 
January 30, 2016

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Given the size, weight, speed, and controlled operating area associated with the UA to be 

utilized, an exemption from 14 CFR part 21, Subpart H (Airworthiness Certificates) and § 

91.203 (a) and (b) is requested. Exemption is sought from § 45.23 Marking of the aircraft. The 

UA will display the registration number in the largest practicable lettering. KC Aerial 

Photography LLC seeks to be exempt from § 91.405(a), 91.407(a)(1), 91.409(a)(2) and 

91.417(a) and (b) Maintenance inspections will be conducted according to operations manual 

and prudent judgment as previously outlined to determine the integrity and safety of the UA and 

associated equipment. Further, relief is required from 91.7(a), which prohibits the operation of 

an aircraft without an airworthiness certificate and 91.9(b) (2) requiring an approved flight 

manual in the aircraft. The UA will not be operating with an airworthiness certificate therefore, 

this would be inappropriate. The UAS are too small to carry the operating documents so an 

equivalent amount of safety can be achieved through keeping the operating documents and 

manuals at the GCS. 

IV.UAS Pilot in Command (PIC)

Under part § 61, recreational, sport and private pilots are limited to non-commercial operations, 

however KC Aerial Photography LLC can ensure UA operations will achieve an equivalent 

level of safety as current regulation because UA do not carry any pilots or passengers. A 

commercial pilot certificate will not ensure RC piloting ability, as the psychomotor skills are 

different. The inherent risks of operating a UAS are far less than in the commercial activities 

outlined in 14 CFR part 61, et seq., thus exemption is requested from § 61.101 Recreational 

Pilot Privileges and Limitations. PICs will maintain recent flight experience on the UAS. 

Training and experience flights will be conducted separate from commercial operations. 

V. Public Interest

Given the above stated evidence, procedures, and precautions operating UAS commercially for 

the purposes of aerial photography & videography, agricultural crop surveillance, aerial 

inspections, augmented real estate listings, commercial videos and other work related to aerial 

photography will ultimately be in the public interest. These operations, when executed with 

prudence, will exceed the current level of safety as the regulations from which exemption is 

sought. UA operations will allow greater access to commercial aerial services that were not 

previously economically feasible for many firms. This will provide a much needed economic

uplift to the community and hence the public. UA operations are associated with less risk of 

collateral damage to persons and property while limiting disruptive noise pollution associated 

with low altitude aviation operations. 

VI. Summary

Pursuant to Section 333 of PL 112-95 commonly known as the “FAA Modernization and 

Reform Act of 2012”, KC Aerial Photography LLC, hereby applies for authorization to conduct 

commercial unmanned aerial systems (UAS) operations for the purposes of aerial photography

& videography, agricultural crop surveillance, aerial inspections, augmented real estate listings, 
January 30, 2016

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commercial videos and other work related to aerial photography listings Rules for which 

exemption is sought: 

 14 C.F.R. Part 21 Subpart H 

 14 C.F.R. § 45.23(b)

 14 C.F.R. § 61.101, 61.113 and 61.133(a)(1)(ii)

 14 C.F.R. § 91.7(a)

 14 C.F.R. 91.9(b)

 14 C.F.R. § 91.103

 14 C.F.R. § 91.109(a)

 14 C.F.R. § 91.119

 14 C.F.R. § 91.121

 14 C.F.R. § 91.151(a) 

 14 C.F.R. § 91.215(b)

 14 C.F.R. § 91.405(a)

 14 C.F.R. § 91.407(a)(1)

 14 C.F.R. § 91.409(a)(2)

 14 C.F.R. § 91.417(a) & (b)

Attachments

1. Specific DJI UAV Manual

Thank you for your prompt attention and consideration. I am committed to safe UAS operation. 

Please do not hesitate to contact me directly with any questions or concerns at 913.406.7871. 

Very truly yours, 

David Ediger

KC Aerial Photography LLC

6520 Mastin Dr 

Shawnee KS, 66203

913.406.7871