FAA Application for Exemption 333

K M3 Media Page | 1 Kyle Murphy KM3 Media, dba KM3 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 Aviation Administration 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 **TRUDEA U**  2) FAA Exemption No. 11136, Regulatory Docket No. FAA

–2014

–0508 in the matter of the petition of **ADV ANCED**  **AVI AT** **ION** SOLUTIONS LLC 3) FAA Exemption No. 11395 Regulatory Docket No. FAA

-2015

-0162 in the matter of petition of **STRA**

**W** Investment Group LLC 4) FAA Exemption No. 11462 Regulatory Docket No. FAA

-2015

-0269 in the matter of petition of **SKY CAT** **CH** , Inc
**SUMM ARY**  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 Unmanned Aircraft System (UAS) pursuant to Section 333 of the FAA Modernization and Reform ActFAA Application for Exemption 333

KM3 Media Page | 2 of 2012 (FMRA). This exemption will permit operation of a UAS for the commercial purposes of conducting aerial video and photography of construction and real estate sites, for agricultural/forestry imaging and support consultation , 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 rescue on 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 14 CFR, 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 in the 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 th at provided by the specified rules as well as by the proposed new regulations published in the Federal Register on February 23, 2015. **I. THE**  **UA S**  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 with FCC regulations. See Attached User Manual. 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 maximumFAA Application for Exemption 333

K M3 Media Page | 3 speed of29 knots. Maximum flight time is 25 minutes.
The Yuneek q500+ has an additional communication link between the camera and craft on a different RF for a smart phone connection. These allow the operator or Pilot 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 programmed to 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 PI C. 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 of a 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 Page | 4 **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 of combustible 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) require such certificate to be carried within the cockpit or cabin of any craft inFAA Application for Exemption 333

K M3 Media Page | 5 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 from these requirements associated with airworthiness certificates. The petitioner seeks exemption from the above listed CFRs for the following reasons: **45.23:** If necessary we request an exemption from § 45.23 because the UAV will 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 for KM3 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 would be required to comply with any conditions as set forth below, and in a similar fashion 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 is physically 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 operated closer than 500 feet to essential persons or objects that would not be possible under 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 also only 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 safe altitudes.” 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 comply with any additional conditions the agency finds appropriate to protect persons and objects on the ground.FAA Application for Exemption 333

KM3 Media Page | 6 **91.121** As discussed in Exemption 11138 (TRUDEAU) 91.121 is inapplicable since the UAS does not have an altimeter and instead utilizes electronic GPS with 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 g ranted for manned aircraft to operate at less than the prescribed minimums. In addition, similar UAS

-specific relief has been granted in Exemption Nos. 8811, 10808, and 10673 for daytime, VFR conditions. We request an exemption from § 91.151(a) respecting fuel requirements for flight 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 h as an automated function which results in immediate landing when a low battery is detected. The PIC will 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, assuming normal 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 discussed and 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 a preflight 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. OPERA** 

**TIONS AN**  **D SA** **FETY**FAA Application for Exemption 333

K M3 Media Page | 7 KM3 Multi Media Marketing Inc will abide by at least the following additional operating conditions under this exemption, which ensures a level of safety at least equal to existing rules: **A. Pilots in Command**  **(PIC)** Any other pilots who would conduct flights will hold a minimum of a FAA Sport 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 under different 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. Voluntar** 

**y Operational Conditions and**  **Limitations** KM3 Multi Media Marketing Inc will comply with all of the following conditions and limitations (as well 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 pe r 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 information to constantly update and enhance safety protocols;FAA Application for Exemption 333

KM3 Media Page | 8 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 dep icted 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 aircraft records. 

### 7. Any UAS maintenance or a lterations 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 flightFAA Application for Exemption 333

K M3 Media Page | 9 will make an 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 limit requirements. 

### 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 total flight 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.FAA Application for Exemption 333

KM3 Media Page | 10 

### 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 to a 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 forecast weather 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 the UA 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 ag ency 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 populated areas. 

### 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 remain under such protection. If a situation arises whereFAA Application for Exemption 333

K M3 Media Page | 11 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. FEDERA** **L 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 UnmannedFAA Application for Exemption 333

KM3 Media Page | 12 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. **PRIVA CY**  All flights will occur over private or controlled access property with the property owner's prior consent and knowledge. If applicable, i mages 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 M edia Marketing Inc Phone: (916) 474

-4770 Fax: (916) 472

-6166 kyle@km3media.com www.km3media.com