January

30, 2016 U.S. Department of T

ransportation Docket Management Sy stem 1200 New Jersey

Av e., SE Wa shington, DC 20590 RE: Exemption Request Pursuant to Section 333 of the F AA Modernization and Reform Act of 2012, 49 U.S.C. § 44701(f), and Part 11 of the Federal Av iation Regulations Dear Sir or Madam: I am submitting this Petition for Section 333 Exemption on behalf of my self and m y compan y KC Aerial Photograph y LLC under Section 333 of the F AA Modernization and Reform Act of 2012 (“FMRA”). Applicant Information: The name of the applicant: KC Aerial Photograph y LLC The primary

contact for this application, which a copy to me at the address above, is: David Ediger KC Aerial Photograph y LLC. 6520 Mastin Dr, Shawnee, KS 66203 KC Aerial Photograph y LLC is a LLC formed under the State laws of Kansas on or about June 1, 2014 and David Ediger is the Of ficer and Director of KC Aerial Photograph y, LLC. Pursuant to Section 333 of the FMRA, KC Aerial Photograph y hereb y requests a deter mination by

the Secretary of T ransportation authorizing commercial operations of UAS for the purposes of aerial photograph y & videography , agricultural crop surveillance, aerial inspections, augmented real estate listings, commercial videos and other work related to aerial photograph y in the NAS. Flight operations will utilize the of

f the shelf DJ I famil y of unmanned aircraft. Conduct of UA operations will be with respect to FMRA

Section 333(c) and the UAS “Blanket COA”.January

30, 2016 Pag e 2 of 10 Exemption is necessary

to ef fect 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 lea st an equal level of safety to existing regulations. Authorizing KC Aerial Photography LL C to conduct commercial UAS operations will result in less disruptive, safer, and more cost effective solutions than manned aviation equivalents due to the low altitud e 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 - velocit y diagram requiring special precision and skill. KC Aerial Photograph y 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 lim it 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 33 3(c) is in the public interest. UAS technology used for these commercial purposes benefit the public interest in the following way s: R e d u c e s th e c o l l at e r a l d am a g e ri s k s t o l i f e an d p r o p e rt y a s s o c i at e d w i th l o w a l t i tu d e helicopter operations in und esirable portions of the height - velocity envelope. In c r e a s e d e c o n o m i c w e l l b e i n g t o l o c a l b u s i n e s s e s v i a c o s t r e d u c t i o n s . E n a b l i n g a e ri a l b u s i n e s s s o l ut i o n s t o b e av a i l a b l e t o a l arg e r m ar

k e t .January

30, 2016 Page 3 of 10 Ta ble of Contents I. Exemptions Requested II. Commercial Operation/Operator III. Unmanned Aircraft Sy stem (UAS) IV . UAS Pilot - in - Command (PI C) V. Public Interest VI . Summary VI . List of Attachments **I. Exemptions Requested** Pursuant to 14 C.F .R. § 1 1.81(e), DK Consu lting Group, Inc. requests exemption from the following regulations: 1 4 C . F . R . P art 2 1 S ub p art 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 safet y under Part 1 1 and Section 333 of the FMRA with consideration “of the s ize, weight, speed, operational capability , and proximity to airports and populated areas of the particular UAS.” 1 4 C . F . R . § 4 5 . 2 3 (b )

– Aircraft Marking and Identification Requirements o When marks include only the Roman capital letter "N" and the re gistration number is display ed 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 le tters not less than 2 inches nor more than 6 inches high, the words "limited," "restricted," "light sport, "experimental," or "provisional," as applicable. KC Aerial Photograph y LLC will ensure compliance with § 45.29(f) to meet the intent of the regulat ion by displaying the registration number in the largest practicable lettering. 1 4 C . F . R . 6 1 . 1 1 3 ( a) (b ) an d 6 1 . 1 3 3 ( a ) ( 1 ) ( i i ) an d 6 1 . 1 0 1

– Recreational, Private and Commercial Pilot Privilege and Li mitations o 14 C.F .R. § 61.1 13: (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 ofJanuary

30, 2016 Page 4 of 10 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 employ

ment 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: F o r c o mp e n s at i o n o r h i r e ; In f urth e r an c e o f a b u s i n e s s ; UA operations will emp loy

a PIC who holds, at a minimum, a recreational or sport pilot certificate of an y category or class and a valid driver ’s license. 1 4 C . F . R . 9 1 . 7 ( a)

– Civil Aircraft Airworthiness o No person may

operate a civil aircraft unless it is in an air worth y condition. The PI C will conduct daily pre and post flight inspections in accordance with manufactures maintenance manual(s) and guidance. During flight, the PI C will adhere to § 91.7(b) and abort air operations immediately upon identification o f an in - flight emergency or other unsafe condition. By

complying with procedures outlined by the manufacturer, an equivalent level of safet y will be achieved. 1 4 C . F . R . 9 1 . 9 (b ) C i v i l a i r c r a f t f l i ght m anu a l , m ar

k i n g , an d p l a c ar d r e qu i r e m e nt s 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 an y combination thereof. By keeping all operating documents, manuals, authorizations and exemptions in a binder co located with the GCS, DK Consulting Group, Inc. meet the intent of the regulations and therefore achieve an equivalent level of safety . 1 4 C . F . R . 9 1 . 1 0 9 ( a)

– Flight Instr uction 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 operationa l control through the use of pre - determined GPS enabled way points 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 fl ight training and therefore the exemption is requested to train operators, build experience, and maintain proficiency . An equal level of safet y will be achieved b y conducting all training in sterile environments. T raining sessions will be accomplished s eparatel y from flights conducted for compensation or hire.January

30, 2016 Page 5 of 10

1 4 C . F . R . 9 1 . 1 1 9 ( c )

– Minimum Safe Altitudes o Except when necessary for takeof f or landing, no person may

operate an aircraft below the following altitudes: (b) Over an y congested area of a cit y, town, or settlement, or over an y 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 propert y 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 t he helicopter complies with any routes or altitudes specificall y prescribed for helicopters b y 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 safet y than exists with current manned aviation operations. 1 4 C . F . R . 9 1 . 1 2 1

– Altimeter Settings Each person operating an aircraft shall maintain th e 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 Sy stem (GPS), which provide altitude and geolocation data to the operator witho ut 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 safet y. 1 4 C . F . R . 9 1 . 1 5 1 ( 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 cr uising 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 wh ich have flight times of only an hour or less, this regulation would ef fectively deny the ability

of the air vehicle to operate. The PI C will achieve an equivalent level of safet y by compl yi ng with all manufacturer guidelines and the DJ I low battery f ailsafe s ys tem.January

30, 2016 Page 6 of 10

1 4 C . F . R . 9 1 . 2 1 5 (b )

– AT C Tr ansponder and Altitude Reporting Equipment and Use. o All airspace. Unless otherwise authorized or directed b y AT C, no person may operate an aircraft in the airs pace 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

, repl yi ng to Mode 3/A

interrogations with the code spe cified by

A TC, or a Mode S capability , replying to Mode 3/A

interrogations with the code specified b y AT C and intermode and Mode S interrogations in accordance with the applicable provisions specified in TSO C - 11 2, 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 airc raft which was not originall y certificated with an engine - driven electrical sy stem or which has not subsequently

been certified with such a s ys tem installed, balloon or glider may conduct operations in the airspace within 30 nautical miles of an airport li sted in appendix D, section 1 of this part provided such operations are conducted

— (i) Outside an y 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 1 0,000 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 an y ai rcraft which was not originally certificated with an engine - driven electrical sy stem or which has not subsequently been certified with such a sy stem installed, balloon, or glider

— (i) In all airspace of the 48 contiguous states and the District of Columbia at and abo ve 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 an y 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 Page 7 of 10 The P IC will achieve an equivalent level of safet y by compl yi ng with all provisions of the COA under which operations are to be conducted. By issuing appropriate NOT AMS and prior AT O coordination, an equivalent level of safet y 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 AT O, the PIC will comply with the provisions of 91.215(d)(3). The sUAS flown under this exemption w ill comply with all altitude limits and airport standof f distances required by

COA, which mitigate hazards to aircraft controlled by the AT O in congested airspace. 1 4 C . F . R . 9 1 . 4 0 5 ( a) , 9 1 . 4 0 7 ( a ) ( 1 ) , 9 1 . 4 0 9 ( a ) ( 2 ) an d 9 1 . 4 1 7 ( 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, hav e 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 f

or 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 b y this paragraph unless it is pe rformed 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 §§ 91.41 1 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 PI C 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 c onducted to ensure safet y 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. Commer**  **cial Operator/Operation** Any UA flown under this exemption will be controlled by a certificated PIC. The PI C will hold, at a minimum, a recreational or sport pilot certificate.January

30, 2016 Page 8 of 10 For each flight, KC Aerial Photography LLC: Wi l l c o nt a c t th e c o ntr o l l i n g a i r tr a f f i c o rg an i z at i o n t o i s s u e a N O T A M . Wi l l c o n d u c t a c o mp r e h e n s i v e w o r k s i t e i n s p e c t i o n an d an a l y s i s , i d e nt i f yi n g l i m i t s o f customer propert y or authorized acces s areas. Wi l l c o n d u c t p r e f l i ght p l ann i n g i n a c c o r d an c e w i th S e c t i o n 9 1 . 1 0 3 P r e f l i ght A c t i o n . Wi l l o p e r at e i n th o s e ar e a s o n l y w i th th e c o n s e n t o f th e l an d o wn e r o r d e s i gn at e d representative. Wi l l i d e nti f

y p o t e nt i a l o b s tr

u c t i o n s o r o th e r h az ar d s to safe operation. Wi l l c l e ar th e ar e a o f p e r s o nn e l o r b y s t an d e r s th at ar e n o n - essential to the operation, maintaining at a minimum, 500 feet away from non - participating persons. Wi l l c o n d u c t a p r e f l i g ht s a f e t y b ri e f i n g t o V i s u a l O b s e r

v e r ( V O ) an d participating persons. Wi l l at a l l ti m e s yi e l d t o m ann e d a i r tr a f f i c . Wi l l o p e r at e w i th i n V L O S o f b o th P I C an d V O d uri n g d a yl i ght h o ur s o n l y . Wi l l m a i nt a i n v o i c e c o mmun i c at i o n s w i th V O an d p art i c i p at i n g p e r s o n s . Wi l l o p e r at e un d e r v i s u a l flight rules, in visual meteorological conditions, for the airspace in which the flight is conducted. Wi l l n o t e x c e e d th e m ax i mum a l t i tu d e a s d e f i n e d i n th e C O A un d e r wh i c h f l i ght a uth o ri z e d , as determined b y the installed GPS. Wi l l k e e p o p e r at i n g documents, manuals, authorizations and exemptions in a binder colocated with the GCS. Wi l l i mm e d i at e l y t e r

m i n at e f l i ght , i n th e s a f

e s t m ann e r p o s s i b l e , wh e n s a f e t y t o p e r s o n s o r propert y become compromised. Wi l l t e r m i n at e f l i ght , i n th e s a f

e s t 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 b y the applicable COA, relief is needed from Section 91.1 19 (c). By following these operating standards, the commercial operation will meet an equivalent level of safet y to the regulation in which relief is sought. **III. Unmanned**  **Aircraft System** KC Aerial Photograph y LLC seeks exemption to operate DJ I UAS. Other UAS ty pes may be requested in future amendments. The DJ I S800 EVO is the primary aircraft in our operation for which we seek exemption. The UA will be flown via RC control. This UA ty pe is a GPS equipped, multirotor helicopter . A hexa - copter ty

pe rotorcr aft utilizing six motors. L ithium poly mer 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 Page 9 of 10 Given the size, w eight, 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. T he UA will display

the registration number in the largest practicable lettering. KC Aerial Photograph y 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 oper ations manual and prudent judgment as previously outlined to determine the integrity and safet y 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 LL C 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 ps yc homotor skills are dif ferent. Th e 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. PI Cs will maintain recent flight experience o n the UAS. Tr aining and experience flights will be conducted separate from commercial operations. **V. Public Inter**  **est** Given the above stated evidence, procedures, and precautions operating UAS commerciall y for the purposes of aerial photograph y & videogr aphy , agricultural crop surveillance, aerial inspections, augmented real estate listings, commercial videos and other work related to aerial photograph y will ultimately be in the public interest. These operations, when executed with prudence, will excee d the current level of safet y as the regulations from which exemption is sought. UA

operations will allow greater access to commercial aerial services that were not previously

economicall y feasible for man y 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 propert y while limiting disruptive noise pollution associated with low altitude aviation operations. **VI. Summary**  Pursuant to S ection 333 of PL 1 12 - 95 commonl y known as the “F AA Modernization and Reform Act of 2012”, KC Aerial Photograph y LLC, hereb y applies for authorization to conduct commercial unmanned aerial s ys tems (UAS) operations for the purposes of aerial photography & videography

, agricultural crop surveillance, aerial inspections, augmented real estate listings,January

30, 2016 Page 10 of 10 commercial videos and other work related to aerial photograph y listings Rules for which exemption is sought: 1 4 C . F .R. Part 21 Subpart H 1 4 C . F . R . § 4 5 . 2 3 (b ) 1 4 C . F . R . § 6 1 . 1 0 1 , 6 1 . 1 1 3 an d 6 1 . 1 3 3 ( a ) ( 1 ) ( i i ) 1 4 C . F . R . § 9 1 . 7 ( a) 1 4 C . F . R . 9 1 . 9 (b ) 1 4 C . F . R . § 9 1 . 1 0 3 1 4 C . F . R . § 9 1 . 1 0 9 ( a) 1 4 C . F . R . § 9 1 . 1 1 9 1 4 C . F . R . § 9 1 . 1 2 1 1 4 C . F . R . § 91.151(a) 1 4 C . F . R . § 9 1 . 2 1 5 (b ) 1 4 C . F . R . § 9 1 . 4 0 5 ( a) 1 4 C . F . R . § 9 1 . 4 0 7 ( a) ( 1 ) 1 4 C . F . R . § 9 1 . 4 0 9 ( a) ( 2 ) 1 4 C . F . R . § 9 1 . 4 1 7 ( a) & (b ) **Attachments**

1. Specific DJ I UA

V Manual Thank you for y our 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. Ve ry trul y yours, David Ediger KC Aerial Photograph y LLC 6520 Mastin Dr Shawnee KS, 66203 913.406.7871