FAA Application for Exemption 333

KM3 Media

Page | 1

Kyle Murphy

KM3 Media, dbaKM3 Multi Media Marketing Inc

720 Sunrise Ave, Suite B204

Roseville, CA 95661

Phone: (916) 474-4770

Fax: (916) 472-6166

kyle@km3media.com

August 3, 2015

U.S. Department of Transportation

Federal AviationAdministration

Docket Management System

Shell Docket FAA-2007-0001

RE: Exemption Request Section 333 of the FAA Reform Act of2012

Attachments:

1) Yuneek Typhoon q500+ User Manual (EN) v2.0

2) Yuneek Typhoon q500+ QuickStart (EN) v1.0

3) Yuneek Typhoon q500+ Cheat Sheet & Warning Sheet (EN) v1.0

References:

1) FAA Exemption No. 11138, Regulatory Docket No. FAA-2014-0481 in the

matter of the petition of DOUGLAS TRUDEAU

2) FAA Exemption No. 11136, Regulatory Docket No. FAA–2014–0508 in the

matter of the petition of ADVANCED AVIATION SOLUTIONS LLC

3) FAA Exemption No. 11395 Regulatory Docket No. FAA-2015-0162 in thematter

of petition of STRAW Investment Group LLC

4) FAA Exemption No. 11462 Regulatory Docket No. FAA-2015-0269 in thematter

of petition of SKY CATCH, Inc

SUMMARY

On behalf of KM3 Media (dba KM3 Multi Media Marketing Inc) Kyle Murphy

seeks exemption from the requirements of 14 C.F.R §§ 45.23, 61.113(a) & (b),

91.9(b)(2), 91.119(c), 91.121, 91.151(a) & (b), 91.405(a), 91.407(a)(1),

91.409(a)(1) & (a) (2), and 91.417(a) & (b), to operate an UnmannedAircraft

System (UAS) pursuant to Section 333 of the FAA Modernization and ReformAct
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KM3 Media

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of 2012 (FMRA). This exemption will permit operation of a UAS for thecommercial

purposes of conducting aerial video and photography of construction and real

estate sites, for agricultural/forestry imaging and supportconsultation, as well as 

donated services to applicable organizations.

KM3 Multi Media Marketing Inc proposes to operate the UAs in rural and 

suburban areas primarily in Northern California, for commercial gain in real estate 

and agricultural monitoring, as well as to offer community services such as search 

and rescueon a pro bono basis.

As demonstrated in this petition, KM3 Multi Media Marketing Inc is burdened by 

being prohibited from commercial operation of its UAS by the above existing 

provisions of 14CFR, adopted before and without reference to the current 

development of commercially viable Unmanned Aerial Vehicles. Pending FAA's 

adoption of rules specifically tailored to such use, KM3 Multi Media Marketing Inc

requests these exemptions because it is inthe public interest to provide the 

commercial services described now, and because the services can be provided at 

a level of safety at least equal to that providedby the specified rules as well as by 

the proposed new regulations published in the Federal Register on February 23,

2015.

I. THE UAS

KM3 Multi Media Marketing Inc will operate the Yuneek Typhoon q500+ (Yuneek

q500+). The Secretary of Transportation has determined that this aircraft meets

the conditions of Section 333. Hence relief from 14 CFR Part 21, Subpart H

(Airworthiness Certificates) and associated matters are not necessary. See

STRAW.

Safety features included in the Yuneek Typhoon q500+ provide a level of safety 

that far exceeds those required by the FAA. These include state-of-the-art features 

for GPS navigation, return home capability, programmability, airport vicinity no-fly

feature and restricted altitude feature. Yuneek q500+ differentiates radio 

frequency (RF)for aircraft controller/receiver from that controlling the camera and 

complies withFCC regulations. See Attached UserManual.

Yuneek q500+ is light, less than 4 pounds including battery and camera. It

incorporates an automatic return home feature that directs the craft back to point

of takeoff should communication with the transmitter be lost. Yuneek q500+

accepts software upgrades. It has cruising speed of 15 knots, with a maximum 
FAA Application for Exemption 333

KM3 Media

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speed of29 knots. Maximum flight time is 25 minutes.

The Yuneek q500+ has an additional communication link between the camera 

andcraft on a different RF for a smart phone connection. These allow the 

operator orPilot in Command (PIC) to monitor battery level, altitude in feet above 

ground level (AGL), distance from PIC, camera imagery, and control camera

angle.

The software for the Yuneek q500+ allows the operator or PIC to set maximum

altitude AGL for each flight, allowing customization of flights to no higher than 100

feet, 150 feet, or 200 feet AGL as examples. The 400 foot maximum AGL can be

programmed into the UAS software pre-flight to insure compliance with FAA

standards. Adding to the safety capabilities of this UAS, it is programmedto

remain in position when controls are released, maintaining altitude and GPS

location.

One additional feature is the ability to monitor battery levels on the ground.The

controller will warn the PIC when the battery life reaches 25 percent or when the

UAV is reaching a point where it will not be able to returned to home point.

The Yuneek q500+ has numerous default safety features such as an altitude and

GPS monitoring function that allows the operator precise determination of height,

direction of flight and distance from the operator or PIC. The Yuneek q500+ will

return to a specified location under emergency circumstances like loss of

connectivity with controller, low battery, or software malfunction.

The requested exemption would support an application for a commercial

Certificate of Authorization should a situation arise in which KM3 Multi Media 

Marketing Inc must route the UA above 200 feet.

The FAA has recently approved numerous exemptions allowing similar use ofa 

Yuneek q500+ UAS (e.g. Exemption No. 11395 (Straw)).

YUNEEK Q500+ 4k: KM3 Multi Media Marketing Inc intends to purchase the 

Yuneek q500+ 4k UA in the future and requests that it be included within the

authorizations of this application unless doing so would delay approval of this

application. The Yuneek q500+ 4k has all of the safety features of the Yuneek 

q500+,with minor updates in software and camera. Like the Yuneek q500+, it is 

small and lightweight,still weighing just under 4 pounds.
FAA Application for Exemption 333

KM3 Media

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II. THE SERVICES

This exemption will permit operation of an UAS for the commercial purposes of

conducting aerial video and photography of construction and real estate sites,and

for agricultural/forestry imaging and support consultation.

III. THE PUBLIC INTEREST

In providing an exemption process Congress recognized that there may well be

publicly beneficial UAS applications that could safely go forward before the FAA

completes formal rulemaking regarding UAS use.

Aerial videography for geographical awareness, crop and forestry management,

and real estate marketing is not new. However, manned fixed wing aircraft and

helicopters are too costly for small business owners. With this exemption KM3 

Multi Media Marketing Inc would provide this service at a much lower cost. 

Further, our small UAS will pose no threat to the public given their small size and 

lack ofcombustible fuel when compared to larger manned aircraft. Additionally, the 

operation of our UAS will minimize ecological costs/damage and promote 

economic growth by providing information to companies managing natural 

resources or looking to relocate or build in the areas we service.

Use of UAS avoids the fuel carrying machines previously necessary to obtaining

critical information. The UAS is safer, environmentally conscious, provides better

perspectives for decision making; allows more frequent and closer monitoring of

agricultural/forestry activities resulting in maximally efficient management and

greater output and economic returns.

By approving the requested exemption, the FAA will create benefits to the

economy, and in some instances, to Northern California’s local agriculture/forestry, 

and to the environment, all of which are ultimately in the public interest. 

IV. SPECIFIC CFRs

KM3 Multi Media Marketing Inc notes that 14 CFR part 21, Subpart (H) mandates 

an airworthiness certificate for any aircraft, and that 14 CFR 91.203 (a) and (b) 

requiresuch certificate to be carried within the cockpit or cabin of any craft in 
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flight. In consideration of the size, weight, speed and limited operating area

associated with small UAVs, the Secretary of Transportation has determined that

such aircraft, including the specific craft to be used by KM3 Multi Media Marketing 

Inc, meet the conditions of Section 333. Therefore it is not necessary to seek relief 

fromthese requirements associated with airworthiness certificates.

The petitioner seeks exemption from the above listed CFRs for thefollowing

reasons:

45.23: If necessary we request an exemption from § 45.23 because the UAVwill

not have a cabin, cockpit or pilot station on which to mark certain words or

phrases. Two-inch lettering is impossible to place on such a small aircraft.

KM3 Multi Media Marketing Inc will mark the UAS in the largest possible lettering.

61.113(a) & (b): The petitioner requests relief in order to allow pilots who hold a 

SPORT PILOT (or greater) certificate to serve as the PIC forKM3 Multi Media 

Marketing Inc operations. To the extent that an exemption to 61.101(e)(4) or (5) is 

also needed, this request includes them. Any pilot operating under this exemption 

wouldbe required to comply with any conditions as set forth below, and in a 

similarfashion to the previously granted exemptions. See Exemption No. 11462, 

Skycatch, May 5, 2015.

91.9(b)(2) requires an aircraft flight manual in the aircraft. Since this isphysically

impossible for the UAS proposed, KM3 Multi Media Marketing Inc proposes that 

an equivalent level of safety will be achieved by maintaining a safety/flight manual 

with the UAS ground station.

91.119(c) As discussed in Exemption 11138 (TRUDEAU), operations conducted

closer than 500 feet to the ground may require that the UA be operatedcloser

than 500 feet to essential persons or objects that would not be possibleunder

existing regulation. The petitioner requests waiver for this condition to allow

reasonable and responsible operations in areas of low density development as

required. KM3 Multi Media Marketing Inc will not operate UAS in congested 

areas, and will alsoonly operate in safe areas away from the public and traffic, 

thus “providing a level of safety at least equivalent to or below those in relation to 

minimum safealtitudes.” Given the size, weight, maneuverability, and speed of 

the UAS, an equivalent or higher level of safety will be achieved. KM3 Multi 

Media Marketing Inc is prepared to complywith any additional conditions the 

agency finds appropriate to protectpersons and objects on the ground.
FAA Application for Exemption 333

KM3 Media

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91.121 As discussed in Exemption 11138 (TRUDEAU) 91.121 is inapplicable

since the UAS does not have an altimeter and instead utilizes electronic GPSwith

a barometric sensor for altitude information. The necessary information is

therefore available to the PIC without altimeter concerns.

91.151(a) and (b) As discussed in Exemption 11136 (ADVANCED AVIATION)

prior relief has been granted for manned aircraft to operate at less than the

prescribed minimums. In addition, similar UAS-specific relief has been grantedin

Exemption Nos. 8811, 10808, and 10673 for daytime, VFR conditions.

We request an exemption from § 91.151(a) respecting fuel requirements forflight

in VFR conditions. The UAV is 100% electric and two low battery alerts are issued;

per the operating documents, the UAV will be landed at the first alert. Also, our

flights will average between 12-15 minutes each, and the UAS has an automated

function which results in immediate landing when a low battery is detected. The 

PICwill not begin a flight unless (considering wind and forecast weather 

conditions)there is enough power to fly to the first point of intended landing and, 

assumingnormal cruising speed, land the UA with at least 25% battery power

remaining.

KM3 Multi Media Marketing Inc also requests relief from § 91.151(b) which would 

require landing when "fuel" (here, battery charge) would allow flight for at least 20

additional minutes. Given the Yuneek q500+'s flight duration of about 25 minutes,

and KM3 Multi Media Marketing Inc’s commitment to not exceed 15 minutes per 

operation, this regulation is not feasible.

91.405(a); 91.407(a)(1); 91.409 (a)(1) & (2); 91.417(a) & (b) As discussedand

approved in Exemption 11138 (TRUDEAU), and in Exemption 11395 (STRAW),

the petitioner proposes to inspect and ensure that the UAS is in a condition for

safe flight in accordance with its operating documents. KM3 Multi Media 

Marketing Inc proposes to follow all of the below-listed procedures, conditions 

and limitations as to maintenance, inspection, and recordkeeping. KM3 Multi 

Media Marketing Inc will perform apreflight inspection of the UAS before each 

flight as outlined in the attached operating documents, and of course comply with 

any additional conditions outlined in a grant of exemption.

V. OPERATIONS AND SAFETY
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KM3 Multi Media Marketing Inc will abide by at least the following additional 

operatingconditions under this exemption, which ensures a level of safety at 

least equal toexisting rules:

A. Pilots in Command (PIC)

Any other pilots who would conduct flights will hold a minimum of a FAASport

Pilot License.

Regarding UAS operational training, we have flown numerous practice flights in

remote areas as hobbyists simulating flights for future commercial use to gain

familiarization with the characteristics of the UAS’ performance underdifferent

temperature and weather conditions.

Any PIC operating our UAS will have accumulated and logged, in a manner

consistent with 14 CFR 61.51(b), 25 hours of total time as a UAS pilot

commanding a multi-rotor UAS. The PIC will also have accumulated and logged

a minimum of 5 hours as a UAS pilot operating the same make and model of

UAS to be used for operations. In addition to the hour requirements, the PIC will

accomplish 3 takeoffs and landings in the preceding 90 days (for currency

purposes) prior to any flight.

B. Voluntary Operational Conditions and Limitations

KM3 Multi Media Marketing Inc will comply with all of the following conditions 

and limitations (aswell as any others imposed in the FAA decision) should this 

grant of exemption be provided:

Operate the UAS for less than 15 minutes or when UAS reaches 25% 

battery remaining per flight, whichever comes first;

Land the UAS prior to the manufacturer’s recommended minimum level of

battery power;

Use the UAS’ global positioning system (GPS) flight safety feature whereby it

hovers and then slowly lands if communication with the remote control pilot is

lost;

Conduct all operations under the flight safety protocols contained in the

operating documents and will actively analyze flight data and other sources of 

informationto constantly update and enhance safety protocols;
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KM3 Media

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Have procedures in place to abort flights in the event of safety breaches

or potential danger. Only operate in safe environments that are strictly 

controlled, are away from power lines, elevated lights, airports and 

densely populated areas (defined by areas depicted in “yellow” on VFR 

charts and through obtaining information regarding congested areas from 

the local Flight Standards District Office (FSDO);

Conduct extensive preflight inspections and protocols, during which safety

carries primary importance (reference YUNEEK Q500+ User Manual).

1. Operations will be limited to the aircraft described in the operating

documents which is a quad-rotor aircraft weighing less than 4 pounds:YUNEEK 

Q500+ or Yuneek q500 4k Unmanned Aircraft System.

2. The UA will not be flown at an indicated airspeed exceeding 30

knots.

3. The UA will be operated at an altitude of no more than 200 feet

above ground level (AGL), as indicated by the procedures specified in the

operating documents.

4. The UA will be operated within visual line of sight (VLOS) of the Pilot

In Command (PIC) at all times.

5. The operating documents will be accessible during UAS operations and

made available to the Administrator upon request. Any revisions to the

operating documents will be presented to the Administrator upon request.

6. Prior to each flight, the PIC will 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 UAS will not be operated until the necessary 

maintenance has been performed and the UAS is found to be in a condition for 

safe flight. The

Ground Control Station will be included in the preflight inspection. All

maintenance and alterations will be properly documented in the aircraftrecords.

7. Any UAS maintenance or alterations that affect the UAS operation or

flight characteristics, e.g. replacement of a flight-critical component, will 

undergo a functional test flight. The PIC who conducts the functional test flight 
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KM3 Media

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will makean entry in the aircraft records.

8. The pre-flight inspection section in the operating documents will account

for all discrepancies, i.e. inoperable components, items, or equipment, not

already covered in the relevant sections of the operating documents.

9. KM3 Multi Media Marketing Inc will follow the UAS manufacturer’s

aircraft/component, maintenance, overhaul, replacement, inspection, and 

life limitrequirements.

10. KM3 Multi Media Marketing Inc will carry out maintenance, inspections, 

and record keeping requirements in accordance with the operating documents.

Maintenance, inspection, and alterations will be noted in the aircraft records, 

including totalflight hours, description of work accomplished, and the signature 

of the authorized person returning the UAS to service.

11. Each UAS operated will comply with all manufacturer Safety Bulletins.

12. An authorized person will make an entry in the aircraft record of the

corrective action taken against discrepancies discovered between

inspections.

13. The PIC will not operate the UAS for the purpose of aerial

videography/cinematography and augmenting real estate listing videos (or

similar operations), unless the PIC has demonstrated and logged in a manner

consistent with 14 CFR 61.51(b), the ability to safely operate the UAS in a 

manner consistent with the operating documents, including evasive and 

emergency maneuvers and maintaining appropriate distances from people, 

vessels, vehicles and structures.

14. UAS operations will not be conducted during night, as defined in 14 CFR

1.1. All operations will be conducted under visual meteorological conditions

(VMC).

15. The UA will not operate within 5 nautical miles of an airport reference

point as denoted on a current FAA- published aeronautical chart.

16. The UA will 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.
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17. Each UAS operated will comply with all manufacturer Safety Bulletins.

18. If a UA loses communications or loses its GPS signal, it will return 

toa predetermined location within the planned operating area and land or

be recovered in accordance with the operating documents.

19. The PIC will abort a flight in the event of unpredicted obstacles or

emergencies in accordance with the operating documents. The PIC will not 

begin a flight unless (considering wind and forecastweather conditions) there is 

enough power to fly at normal cruising speed to the intended landing point and 

land the UA with 25% battery power remaining.

20. KM3 Multi Media Marketing Inc will obtain an Air Traffic Organization 

(ATO) issued Certificate of Waiver or Authorization (COA) prior to conducting 

any operations where theUA will operate above 200 feet AGL, and also request 

a Notice to Airman(NOTAM) not more than 72 hours in advance, but not less 

than 48 hours prior to such an operation.

21. Before conducting operations, the radio frequency spectrum used for

operation and control of the UA will comply with the Federal

Communications Commission (FCC) or other appropriate government 

oversight agency requirements.

22. The documents required under 14 CFR 91.9 and 91.203 will be available

to the PIC at the Ground Control Station of the UAS any time the UAS is

operating. These documents will be made available to the Administrator or any

law enforcement official upon request.

23. The UA will remain clear and yield the right of way to all manned

aviation operations and activities at all times.

24. The UA will not be operated over congested or densely populatedareas.

25. Flight operations will be conducted at least 500 feet from all

nonparticipating persons, vessels, vehicles, and structures unless:

a. Barriers or structures are present that sufficiently protect

nonparticipating persons from the UA and/or debris in the event of an

accident. KM3 Multi Media Marketing Inc will ensure that nonparticipating 

persons remainunder such protection. If a situation arises where 
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nonparticipating persons leave such protection and are within 500 feet of 

the UA, flight operations will cease immediately.

b. The aircraft is operated near vessels, vehicles or structures where

the owner/controller of such vessels, vehicles or structures has granted

permission and the PIC has made a safety assessment of the risk of

operating closer to those objects and determined that it does not present

an undue hazard, and

c. Operations nearer to the PIC, operator trainees or essential

persons do not present an undue hazard to those persons per

§91.119(a).

26. All operations conducted over private or controlled-access property will

be with permission from the land owner/controller or authorized

representative. Permission from land owner/controller or authorized 

representative will be obtained for each flight to be conducted.

27. All UAS employed under this exemption will be identified by serial

number, registered in accordance with 14 CFR part 47.

28. Any incident, accident, or flight operation that transgresses the lateral or

vertical boundaries of the operational area as defined by the applicable COAwill

be reported to the FAA's UAS Integration Office (AFS-80) within 24 hours.

Accidents will be reported to the National Transportation Safety Board (NTSB)

per instructions contained on the NTSB Web site: www.ntsb.gov.

VI. FEDERAL REGISTER

Pursuant to 14 C.F.R. Part 11, the following summary is provided for publication

in the Federal Register, should it be determined that publication is needed:

In order to operate commercially a small unmanned vehicle (10lbs or less) for

real estate and agricultural/forestry functions, applicant KM3 Multi Media 

Marketing Inc seeks exemption from the following rules: 14 C.F.R 45.23(b); 14 

C.F.R. §§ 61.113( a) & (b); 91.7(a); 91.9 (b)(2); 91.103(b); 91.109; 91.119; 

91.121; 91.151(a); 91.203(a) and (b);

91.405(a); 91.407 (a) (1); 91.409 (a) (2); 91.409 (a) (2) and 91.417 (a) & (b).

Approval of exemptions allowing commercial operations of small Unmanned
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KM3 Media

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Aerial Systems (sUAS) for real estate information and in agriculture/forestry 

management provides critical economic information with enhanced safety and 

reduced risk.

Manned aircraft monitoring and surveying creates a greater risk because the craft

are much larger, have combustible fuel, and carry an onboard human pilot. In

contrast, sUAS powered by batteries eliminate virtually all of that risk given the 

reduced mass and lack of combustible fuel carried on board. The sUAS carry no 

passengers or crew and, therefore, will not expose them to the risks associated

with manned aircraft flights. Operation of small sUAS conducted in the strict

conditions required by FAA approval will provide a public benefit at a level of 

safety supporting the grant of the exemptions requested.

VII. PRIVACY

All flights will occur over private or controlled access property with theproperty

owner's prior consent and knowledge. If applicable, images taken of individuals

will have also consented to being filmed or otherwise will have agreed to be in 

the area where aerial photography will take place.

This concludes the KM3 Multi Media Marketing Inc application. Please contact me 

with any questions. 

Sincerely,

Kyle Murphy

Owner/Operator

KM3 Media dba KM3 Multi Media Marketing Inc

Phone: (916) 474-4770

Fax: (916) 472-6166

kyle@km3media.com

www.km3media.com