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01/27/2016 

William K. VanCleave (UAS Certificate FA3CCXXPH3) 

Steven V. VanCleave (UAS Certificate FA3TNX9W7P) 

KVC Software Services 

3747 High Meadows Drive 

Abilene, TX 79605 

325) 829-1688 

kenvc@msn.com 

U.S. Department of Transportation 

Docket Management System 

1200 New Jersey Ave. SE 

Washington, DC 20590 

Dear Sir or Madam: 

This application is being submitted on behalf of KVC Software Services, owned and 

operated by William K. VanCleave and Steven VanCleave without legal counsel or 

consulting services. 

Pursuant to Section 333 of the FAA Modernization and Reform Act of 2012 (the Reform 

Act) and 14 C.F.R. Part 11, KVC Software Services, operators of Small Unmanned Aircraft 

Systems (“SUASs”) equipped to conduct aerial photography and videography, hereby 

applies for an exemption from the listed Federal Aviation Regulations (“FARs”) to allow 

commercial operation of its small UASs, so long as such operations are conducted within 

and under the conditions outlined herein or as may be established by the FAA as required by 

Section 333.1. 

As described more fully below, the requested exemption would permit the operation of 

SUASs under controlled conditions in airspace that is 1) limited 2) predetermined and 3) 

controlled. The proposed exemption, if granted, would allow KVC Software Services to 

conduct commercial operations of small unmanned aircraft systems meeting or exceeding 

all of the operational and safety requirements Congress has set forth in Section 333. 

KVC Software Services plans to use the capabilities of Unmanned Aerial Systems to offer a 

multitude of public and commercial services, including: 

-Aerial surveying/reconnaissance 

-Event photography/videography 

-Remote sensing for wildlife, forestry or agriculture purposes 

-Real estate photography 

-Aerial filmmaking and photography 

-Facilities inspections and monitoring 

-Educational and research operations 
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Statutory Authority 

Section 333, titled “Special Rules for Certain Unmanned Aircraft Systems”, provides a 

mechanism for seeking expedited FAA authorization of safe civil UAS operations in 

the NAS. Section 333(a) states that the FAA “shall determine if certain unmanned aircraft 

systems may operate safely in the national airspace system before completion of the 

(comprehensive) plan and rulemaking required by section 332(b)(1) of this Act or the 

guidance required by section 334 of this Act.” In Section 332(b)(1), Congress made it clear 

that Section 333 provides a mechanism for “expedited operation authorization” if several 

factors are met. 

Petitioner meets all requirements to permit FAA approval of commercial UAS operations. 

The Petitioner Requests Relief From the Following: 

Regulations from which the exemption is requested: 

14 C.F.R. Part 21 

14 C.F.R. 45.23 (b) 

14 C.F.R. 61.113(a) and (b) 

14 C.F.R. 91.7 (a) 

14 C.F.R. 91.9 (b) (2) 

14 C.F.R. 91.109 

14 C.F.R. 91.119 

14 C.F.R. 91.121 

14 C.F.R. 91.151(a) 

14 C.F.R. 91.203 (a) & (b) 

14 C.F.R. 91.205 (b) 

14 C.F.R. 91.215 

14 C.F.R. (91.401 -91.417) 

Unmanned Aircraft System 

SUASs are oftentimes seen as superior to helicopters due to the smaller size, lower 

equipment and personnel cost, reduced noise and as such, a much smaller environmental 

impact which promotes public safety. 

KVC Software Services is petitioning for exemption to enable the operation a DJI Inspire 

One equipped with a 4K/1080P camera mounted to a 3 axis 360 degree rotating gimbal and 

a DJI Phantom 3 Professional equipped with a 4K/1080P camera mounted on a 3 axis 

gimbal. These SUAS have built-in GPS and other positioning capabilities to limit the height 

they fly above the ground, to set the radius of the distance they fly from the operators, and to 

restrict their operation from Class B, C and D airspace. The DJI Inspire One and DJI 

Phantom 3 Professional also have a failsafe function of an autopilot system, which means 
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when the communication between the main controller and the transmitter is disconnected, 

the system will automatically trigger a Return to Home function and the SUAS will 

automatically return to the operator and land safely. Links to the corresponding SUAS 

operator manuals are included below: 

DJI - Inspire 1 

http://download.dji-innovations.com/downloads/inspire_1/en/Inspire_1_User_Manual_v1.2_en.pdf

DJI - Phantom 3 

http://download.dji-innovations.com/downloads/phantom_3/en/Phantom_3_Advanced_User_Manual_v1.0_en.pdf

The above specifications meet with the Model Aircraft Operating Standards as set 

below: 

• KVC Software Services will only operate its SUAS in line of sight of a pilot and/or 

observer and will operate at sites that are a 'sufficient distance' from populated areas within 

the sterile area described in the Flight Operations Procedures Manual. Such operations will 

insure that the SUAS will "not create a hazard to users of the national airspace system or the 

public." 

• Maximum flight time for each operational flight will be 30 minutes. 

• Flights will be terminated at 25% battery power reserve should that occur prior to the 30 

minute limit. 

• The SUAS will be programmed so that it will not be operated at an altitude of more than 

400 feet above ground level, or more than 200 feet above an elevated platform from which 

filming is planned. 

• Minimum crew for each operation will consist of the SUAS pilot, and a visual observer. 

• The SUAS operated by the petitioner weighs less than 55 pounds, including the payload 

(i.e. camera, lens, and gimbal). 

• The SUAS will operate at speeds of no more than 50 mph. The SUAS can hover and can 

simultaneously move vertically and horizontally. 

• Given the small size of the SUAS and the restricted sterile environment within which they 

will operate, our SUAS operations adhere to the Reform Act's safety requirements. The 

SUAS, powered by batteries, is smaller, lighter and more maneuverable than larger aircraft 

running on combustible fuel, it operates at lower altitudes with no people on board and will 

thereby reduce current risk levels and thereby enhance safety and diminish the likelihood of 

death or serious bodily injury. With a small payload and maximum flight time of only 30 

minutes, this offers little or no risk to national security. 

By bypassing the need for (often cost-prohibitive) manned aircraft, the benefits of reduced 

cost and improved quality of presentation from the SUAS will be valuable to and benefit 
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many buyers and sellers of real property. The ability to survey property and observe wildlife 

while creating as little disturbance as possible is a benefit to the environment. 

Other remote sensing applications related to science would like to be pursued. This includes 

all aspects of identifying, observing, and measuring object(s) without coming into direct 

contact with them.

Additionally, KVC Software Services request that we be allowed to use our systems, subject 

to all limitations cited in this application, to benefit first responders nearby if assistance is 

required. 

KVC Software Services proposes: 

a. No flight will be made with a gross weight exceeding 55 pounds: 

b. All operations must occur in FAA Class G airspace at no more than 400 ft. above ground 

level, at an airspeed of no more than 50 mph and no further than 1 mile from the operator. 

c. All operations must utilize a visual observer. The visual observer and SUAS operator 

must be able to communicate by voice at all times during a flight operation: 

d. Operations will be restricted to flights over private property with the permission of the 

property owner. 

e. All required permits will be obtained from state and local government prior to operation. 

f. The SUAS will not be operated over densely populated areas. 

g. The SUAS will not be operated over any open-air assembly of people. 

h. The SUAS will not be operating a SUAS over heavily trafficked roads. 

i. The SUAS will not be operated within 5 miles of an airport or heliport. 

William K. VanCleave and Steven V. VanCleave of KVC Software Services respectfully 

request exemption under Section 333 to enable us to operate efficient, limited, low-risk 

commercial SAUS operations for the activities stated, respecting at all times the space and 

privacy of citizens and property while keeping our skies safe. 

Sincerely, 

William K. VanCleave 

Steven V. VanCleave 

KVC Software Services 

(325) 829-1688 

kenvc@msn.com 
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EXEMPTION REQUESTS AND EQUIVALENT LEVEL OF SAFETY 

William K. VanCleave and Steven V. VanCleave of KVC Software Services requests an 

exemption from the following regulations as well as any additional regulations that may 

technically apply to the operation of the SUAS: 

14 CFR Part 21, Airworthiness Certificates 

This part establishes the procedures for the issuance of an airworthiness certificate. While 

the FAA continues to work to develop airworthiness standards for Unmanned Aerial 

Systems, we request an experimental certificate be issued for both the DJI Inspire One and 

DJI Phantom 3 Professional under either or both of the following provisions: 

21.191 Experimental certificates. Experimental certificates are issued for the following 

purposes: 

a. Research and development. Testing new aircraft design concepts, new aircraft 

equipment, new aircraft installations, new aircraft operating techniques, or new uses for 

aircraft. 

b. Showing compliance with regulations. Conducting flight tests and other operations to 

show compliance with the airworthiness regulations including flights to show compliance 

for issuance of type and supplemental type certificates, flights to substantiate major design 

changes, and flights to show compliance with the function and reliability requirements of 

the regulations. Since the experimental certificate can be used for commercial purposes such 

as market surveys, sales demonstrations, and customer crew training, we would expect that 

an experimental certificate would permit our commercial purpose as well. The aircraft will 

not carry persons or property, will not carry fuel, and will only fly under strict operational 

requirements. Combined with the UA's lightweight, being constructed primarily of carbon 

fiber and plastic, we propose that the UA will be at least as safe, if not safer, than a 

conventionally certificated aircraft performing the same mission. If an experimental 

airworthiness certificate is not appropriate for this application, then we request an 

exemption of 14 CFR Part 21, Subpart H, and the requirement for an airworthiness 

certificate in general, citing the equivalent level of safety outlined in the previous paragraph. 

14 CFR 45.23 Display of marks; General and 45.29 Size of marks. These regulations 

provide that each aircraft must display "N" and the aircraft's registration number in letters at 

least 3 inches high. Additionally, the aircraft must display the word "EXPERIMENTAL" in 

letters at least 2 inches high near the entrance to the cabin, cockpit, or pilot station. The 

SUAS does not have an entrance in which the word "EXPERIMENTAL" can be placed, and 

may not have a registration number assigned to it by the FAA. The size of the SUAS that 

will be used are much too small to allow displaying letters of this size, so an exemption 

from this requirement is requested. 

14 CFR 61.113 Private pilot privileges and limitations: Pilot in Command and 61.133 

Commercial pilot privileges and limitations. The regulation provides that no person that 
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holds a Private Pilot certificate may act as pilot in Command of an aircraft for compensation 

or hire. Subparagraph (b) allows a private pilot to act as pilot in command of an aircraft in 

connection with any business or employment if: (1) The flight is only incidental to that 

business or employment; and (2) The aircraft does not carry passengers or property for 

compensation or hire. We feel that we meet the intent of 61.113 Subparagraph (b) even 

though the intent of this application is to conduct a business. 

14 CFR 91.7 Prohibits the Operation of an aircraft without an airworthiness 

certificate. As no such certificate will be applicable in the form contemplated by the FARs, 

this regulation is inapplicable. 

14 CFR 91.9 Civil aircraft flight manual, marking, and placard requirements. This 

regulation provides that no person may operate an aircraft unless a current, approved flight 

manual is in the aircraft. We assume that the intent of this requirement is to ensure that 

flight manual information is available to the aircrew while operating the aircraft. We request 

an exemption to this requirement since the aircraft is not only too small to carry 

documentation, the documentation would not be available to the crew during flight 

operations. To obtain an equivalent level of safety and meet the intent of 91.9, we propose 

that a current, approved SUAS Flight Manual must be available to the crew at the ground 

station anytime the aircraft is in, or preparing for, flight. 

14 CFR 91.109 Flight Instruction; Simulated instrument flight and certain flight tests.

The regulation states, "No person may operate a civil aircraft that is being used for flight 

instruction unless that aircraft has fully functioning dual controls." The SUAS System 

ground-based control station consists of a small hand-held radio transmitter and while it 

does not offer a second set of "controls", both the student and instructor can, and will, 

operate the single set of controls simultaneously. With both student and instructor having 

"hands-on" the controls during flight, we feel that this technique meets the intent 91.109 and 

provides an equivalent level of safety. 

14 CFR 91.119 Minimum safe altitudes; General. The regulation states that over sparsely 

populated areas the aircraft cannot be operated closer than 500 feet to any person, vessel, 

vehicle, or structure. Since the typical mission of the SUAS would be photography or survey 

of persons, vessels, vehicles or structures it would be necessary to operate closer than 500 

feet to the items listed. Operations will only be flown over property or persons where 

permission has been obtained and careful pre-flight planning has been performed. The 

aircraft will be operated at a low altitude allowing, if a power unit fails, an emergency 

landing without undue hazard to persons or property on the surface. Therefore, we maintain 

that due to the small size of the UAS, the hazard to persons, vehicles and structures are 

minimal compared to manned aircraft, which should be considered in granting the 

exemption. 

14 CFR 91.121 Altimeter settings. The regulation requires that aircraft shall maintain 

cruising altitudes by reference to an altimeter setting available within 100 miles of the 

aircraft. The SUAS will always fly below 400 feet above ground level and will not need to 

maintain cruising altitudes in order to prevent conflict with other aircraft. An Above Ground 
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Level altimeter measurement above the launch and recovery point is transmitted via radio 

from the SUAS on-board computer to the display screen held by the operator, providing a 

constantly updated altitude readout. 

14 CFR 91.151 Fuel requirements for flight in VFR conditions. The regulation provides 

that no person may begin a flight in an airplane under day-VFR conditions unless there is 

enough fuel to fly to the first point of intended landing and to fly after that for at least 30 

minutes. We feel the intention of this paragraph is to provide an energy reserve as a safety 

buffer for delays to landing. The SUAS is battery operated and the maximum duration of 

flight from a single battery charge is 24 minutes with a 20% reserve. Since the aircraft will 

never fly more than 1 mile from the point of intended landing, a full battery charge at launch 

will ensure that we meet the reserve energy requirement of this paragraph. We request an 

exemption to the word "fuel" and ask for an equivalent interpretation with the word 

"energy". 

14 CFR 91.203(a) & (b) Civil aircraft: Certifications required. The regulation provides 

that an airworthiness certificate, with the registration number assigned to the aircraft and a 

registration certificate must be aboard the aircraft. Additionally, subparagraph (b) provides 

that the airworthiness certificate be "displayed at the cabin or cockpit entrance so that it is 

legible to passengers or crew." At a maximum gross weight of 5.3 pounds, the SUAS is too 

small to carry documentation, does not have an entrance, and is not capable of carrying 

passengers or crew. To obtain an equivalent level of safety and meet the intent of 91.203, 

we propose that documents deemed appropriate for these aircraft by the FAA will be colocated with the crew at the ground control station and available for inspection upon request. 

In order to identify the aircraft, we propose that the information found on airworthiness and 

registration certificates be permanently affixed to the aircraft via placard containing the 

following information plus the word "EXPERIMENTAL" to satisfy the requirement of 14 

CFR 45.23. 

14 CFR Subpart E (91.401-91.417) -Maintenance, Preventive Maintenance, 

Alterations. The regulation provides that the operator is primarily responsible for 

maintaining the aircraft in an airworthy condition, including compliance with part 39 and 

43. Paragraphs 91.407 and 91.409 require that the aircraft be "approved for return to service 

by a person authorized under 43.7" after maintenance and inspection. It is our intention that 

the PIC perform maintenance and inspection of the aircraft and "be authorized to approve 

the aircraft for return to service." The SUAS operator will ensure that the aircraft is in an 

airworthy condition prior to every flight and in addition conduct detailed inspections after 

every two hours of flight. Maintenance performed by the SUAS operator is limited to 

repairing small cracks, replacing a propeller, checking electrical connections and updating 

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

by the manufacturer or their designated repair facility. The SUAS operator will document 

work performed in accordance with 91.417. We feel that due to the size, construction, and 

simplicity of the aircraft, the SUAS operator can ensure an equivalent level of safety. 

Safety and Benefits of the UAS 

KVC Software Services will be using the SUAS in a variety of applications that have 
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generally required expensive full-size manned aircraft in the past. Small, light, unmanned 

aerial vehicles offer a myriad of benefits over the use of full-sized manned aircraft for 

electric power line inspection, oil/gas pipeline inspection, advanced agriculture, wildlife, 

film and still photography, just to name a few. Replacing significantly larger manned 

aircraft carrying crew and flammable fuel with small UAS carrying no passengers or crew 

creates a much greater margin of safety for the pilots and crew. By granting KVC Software 

Services requested exemptions, the FAA will help drive development of safe and successful 

commercial UAS operations and will advance the public knowledge base for such 

operations. We are committed to promoting the UAS research efforts of policymakers 

including the FAA, NASA, DOD and DARPA by sharing data from its commercial UAS 

operations and serving as a resource for future UAS research operations. Thus, the FAA has 

good cause to grant this Petition. 

Conclusion 

As pointed out in this application, all the SUASs which our company proposes to use, under 

authorization by the US DOT-FAA, are small, lightweight devices operated within the line 

of sight of the operator, less than 400 feet above the ground and no less than 5 miles from 

any airport, heliport, seaplane base, spaceport, or other location with aviation activities, 

unless the air traffic control authorities (ATC) have been notified and have authorized each 

flight within a radius of this distance. 

Our SUASs have proven capability for controlled flight. They are devices offered for 

general sale on the market around the world and have often been used as Model Aircraft in 

the USA. I am certain that the studies conducted until now by the FAA, about Section 332, 

Public Law 112-95, 2014, have already provided you with the assurances on the 

airworthiness of SUAS such as ours. 

For the foregoing reasons, the exemptions requested herein should be granted and William 

K. VanCleave and Steven V. VanCleave of KVC Software Services should be permitted to 

conduct SUAS operations in accordance with its manuals and all other operating parameters 

deemed necessary and appropriate by the FAA. The submission of this application and its 

contents is the best demonstration that indeed it is possible to pursue the authorization 

process so that some SUASs may be used for legitimate commercial activities and under 

reasonably safe conditions.