Josh Kimmel Kimmel Enterprises , LLC

2615 Hanovertown Dr Colorado Springs, Colorado 80919 jkimmel3165@gmail.com

U.S. Department of Transportation Docket Management System 1200 New Jersey Ave., SE Washington, DC 20590 February 1, 2016

In the matter of the petition for exemption:

Kimmel Enterprises, LLC request for an exemption seeking relief from the requirements of the Title 14 of the Code of Federal Regulations sections 61.113(a) & (b), 91.7(a), 91.121, 91.151(b), 91.405(a), 91.407(a)(1), 91.409(a)(1) & (a)(2), AND 91.417(a) & (b) Concerning commercial operations of the DJI Phantom 2, DJI Phantom 3, DJI Inspire 1, DJI 900/1000,3DR Solo or similar unmanned aircraft systems pursuant to Section 333 of the FAA Modernization and

Reform Act of 2012.

Kimmel Enterprises, LLC is being formed with the purpose of providing customer’s high quality photographs and videos utilizing UAS. The scope of operation will include but not limited to

aerial photography and/or video for real estate, architecture, land surveying, engineering and other related professional activities; aerial video and/or photography for television, public events, cinematography and news gathering; aerial inspection/photography of residential/ commercial structures; residential/commercial utility infrastructure; aerial video/photography to assist with search and rescue, police and fire operations, and training for UAS operations.

Please see the requested exemptions below.

Regards,

Josh Kimmel Kimmel Enterprises, LLC

AUTHORITY FOR EXEMPTIONS



### of 1 8The Federal Aviation Act expressly grants the FAA authority to issue exemptions. This statutory authority includes exempting civil aircraft, as the term is defined under §40101 of the Act, including UAS, from the requirement that all civil aircraft must have a current airworthiness certificate. The Administrator may grant an exemption from a requirement of a regulation prescribed under subsection (a) or (b) of this section or any sections 44702-44716 of this title if the Administrator finds the exemption in the public interest. 49 U.S.C. §44701(f) See also 49

USC §44711(a); 49 USC §44704; 14 CFR §91.203(a)(1).

Section 333 grants the Secretary of Transportation authority to determine:

1. If an unmanned aircraft system, as a result of its size, weight, speed, operational capability, proximity to airports and populated areas, and operation within visual line of sight does not

create a hazard to users of the national airspace system or the public or pose a threat to national security; and 2. Whether a certificate of waiver, certificate of authorization, or airworthiness certification under 49 USC § 44704, is required for the operation of unmanned aircraft systems identified under paragraph (1) Reform Act §333(a). If the Secretary determines that a UAS "may operate safely in the national airspace system, the Secretary shall establish requirements for the safe operation of such aircraft in the national airspace system." Id. §333(c). Kimmel Enterprises, LLC

will use UAS that are multi-rotor vehicles, weighting 55 or fewer lbs. including payload. They operate under normal conditions at a speed of no more than 50 knots and have the capability to hover, and move in the vertical and horizontal plane simultaneously. The UAS will operate only in the pilot's visual line of sight at all times and will operate only within the sterile
area. Given the small size of the UAS involved and the restricted and sterile environment within which they will operate, our application falls squarely within the zone of safety (an equivalent level of safety) in which Congress envisioned that the FAA must, by exemption, allow commercial operations of UAS to commence immediately,
Also due to the small size of the UAS and the low altitudes and restricted areas in which our

UAS will operate, approval of the application presents no national security issue. Given the clear direction in Section 333 of the Reform Act, the authority contained in the Federal Aviation Act, as amended; the strong equivalent level of safety surrounding the proposed operations, and the significant public benefit, including enhanced safety, the grant of the requested exemptions is in the public interest. Accordingly, Kimmel Enterprises, LLC respectfully requests that the FAA grant the requests for exemption without delay.

PUBLIC INTEREST

This exemption application is expressly submitted to fulfill Congress' goal in passing Section 333(a) through (c) of the Reform Act. This law directs the Secretary of Transportation to consider whether certain unmanned aircraft systems may operate safely in the NAS before completion of the rule making required under Section 332 of the Reform Act. By granting an exemption the FAA will fulfill Congress’ intent of allowing UAS to operate with significant safety precautions in low risk environments. The use of UAS can significantly reduce the risk to workers while inspecting, surveying, or monitoring site progress. UAS can inspect, photograph, and collect data on hard to get to areas that otherwise would require worker inspection. Additionally, UAS could replace the use of manned aircraft to collect and monitor data obtained through video and photography. The UAS we propose to fly in are weigh less than 55 pounds, and carry no combustible material on board, as opposed to the much larger conventionally



### of 2 8powered small aircraft. Using UAS presents a marked safety increase for our workers and the public. Lastly, UAS reduce the environmental impact by dramatically decreasing the energy used for aerial imaging and data collection over a construction site. Our UAS use rechargeable lithium-ion batteries, as opposed to fossil fuels burned in operation of small aircraft that are many hundreds of times heavier.

EQUIVALENT LEVEL OF SAFETY

Kimmel Enterprises, LLC proposes that the exemption requested herein apply to civil aircraft that have the characteristics and that operate with the limitations listed herein. These limitations provide for at least an equivalent or even higher level of safety to operations under the current regulatory structure because the proposed operations represent a safety enhancement to the already safe protocols followed on construction sites and imaging and surveying operations conducted with helicopters and other conventional aircraft. Kimmel Enterprises, LLC will be bound by the following limitations when conducting its UAS operations under an FAA issued exemption: 1. The UAS will be less than 55 pounds. 2. Flights will be operated within visual line of sight of a pilot. 3. Maximum total flight time for each operational flight will be 30 minutes. The UAS calculates battery reserve in real time, and will return to its ground station with at least 3 0% battery power reserve should that occur prior to the 30 minute limit. 4. Operations can be conducted within controlled airspace but only with an approved letter of agreement/authorization with the controlling agency/airfield manager and will not exceed 400

feet AGL or the maximum altitude specified in the COA limitations. 5. Crew for each operation will consist of the UAS pilot who will keep the UAS within his/her visual line of sight at all times. 6. The UAS pilot will be trained in flight, operations, and safety procedures. 7. The UAS will only operate within a confined secure area within visual line of sight. 8. A briefing will be conducted in regard to the planned UAS operations prior to each day's production activities. It will be mandatory that all personnel who will be performing duties within the boundaries of the safety perimeter be present for this briefing. 9. All onsite personnel will consent to the UAS flyover on site by waiver, and the operator will obtain additional verbal or written consent of all persons who will be allowed within 100 feet of the flight operation. 10. The pilot will have been trained in operation of UAS generally and received up-to-date information on the particular UAS to be operated. 11. Written and/or oral permission from the relevant property owners or agents will be obtained. 12. All required permissions and permits will be obtained from territorial, state, county or city jurisdictions, including local law enforcement, fire, or other appropriate governmental agencies. 13. If the UAS loses communications or loses its GPS signal, it will have capability to return to a predetermined location and land. 14. The UAS will have the capability to abort a flight in case of unpredicted obstacles or emergencies. 15. Kimmel Enterprises, LLC will only operate the UAS in the daytime under VFR conditions unless permitted by COA. 16. Kimmel Enterprises, LLC will obtain the appropriate COA for the desired flight area as required and remain in compliance with the COA restrictions. Kimmel Enterprises, LLC will



### of 3 8obtain the appropriate COA for the desired flight area as required and remain in compliance with

the COA restrictions.

DESCRIPTION OF SPECIFIC REGULATIONS

14 CFR Part 21, Subpart H: Airworthiness Certificates 14 C.F.R. § 91.203(a)(1) Subpart H, entitled Airworthiness Certificates, establishes the procedural requirements for the issuance of airworthiness certificates as required by FAR §91.203 (a) (1). Given the size and limited operation area associated with the aircraft to be utilized by the Kimmel Enterprises, LLC, an exemption from Part 21 Subpart H meets the requirements of an equivalent level of safety under Part 11 and Section 333 of the Reform Act. The Federal Aviation Act (49 U.S.C.§44701 (f)) and Section 333 of the Reform Act both authorize the FAA to exempt aircraft from the requirement for an airworthiness certificate, upon consideration of the size, weight, speed, operational capability, and proximity to airports and populated areas of the particular UAS. Our small UAS will be operated at low speed in a controlled environment, at least five miles from an airport. An analysis of these criteria demonstrates that the UAS operated without an airworthiness certificate, in the restricted environment and under the conditions proposed will be at least as safe, or safer, than a conventional aircraft (fixed wing or helicopter) operating with an airworthiness certificate without the restrictions and conditions proposed. The UAS to be operated hereunder is less than 55 pounds fully loaded, carries neither a pilot nor passenger, carries no explosive materials or flammable liquid fuels, and operates exclusively within a controlled area. Like other civil aircraft operations under this exemption, flights will be tightly controlled and monitored by the operator, and in compliance with local public safety requirements. COAs will be requested in advance for operations that require them. These safety enhancements, which already apply to civil aircraft operated in connection with construction sites, provide a greater degree of safety to the public and property owners than conventional operations conducted with airworthiness certificates issued under 14 C.F.R. Part 21, Subpart H. Lastly, application of these same criteria demonstrates that there is no credible threat to national security posed by the UAS, due to its size, speed of operation, location operations, lack of explosive materials or flammable liquid fuels, and ability to carry an external load no greater than two pounds. 14 C.F.R. 45.23(b):

Marking of the Aircraft

This regulation requires certain experimental, provisionally certificated aircraft, or light-sport category aircraft to be marked with letters between 2 inches and 6 inches high "limited," "restricted," “light sport," "experimental," or "provisional," near each entrance to a cabin, cockpit, or pilot station. Even though the UAS will have no airworthiness certificate, an exemption will be needed as the UAS will have no entrance to the cabin, cockpit or pilot station on which the word markings can be placed. Given the size of the UAS, two-inch lettering will be impossible. The word "Experimental" will be placed on the fuselage in compliance with §45.29 (f). The equivalent level of safety will be provided by having the UAS marked on its fuselage as required by §45.29 (f) where the pilot, observer and others working with the UAS will see the

identification of the UAS as "Experimental." The FAA has issued exemptions to this regulation.14 CFR 61: Certifications: Pilot in command Sections 61.113 (a) & (b) limit private pilots to noncommercial operations. Because the UAS will not carry a pilot or passengers, the proposed operations can achieve the equivalent level of safety of operations by requiring the pilot



### of 4 8operating the UAS to have a private pilot’s license and an FAA class III medical certificate. The area of operation is controlled and restricted, and all flights are planned and coordinated in

advance. 14 C.F.R. 91.7 (a): Civil aircraft airworthiness The regulation requires that no person may operate a civil aircraft unless it is in airworthy condition. As there will be no airworthiness certificate issued for the UAS, should this exemption be granted, the PIC is responsible for the determination of airworthiness prior to all flight operations prior to start. This will be accomplished during the pre-flight inspection in accordance with the manufacturer’s operation

manual. 14 CFR 91.9 (b) (2): Civil aircraft flight manual, marking, and placard requirements The UAS, given its size and configuration has no ability or place to carry such a flight manual or marking on the aircraft, not only because there is no pilot on board, but because there is no room or capacity to place such items on the aircraft. In light of the FAA Memorandum “Interpretation regarding whether certain required documents may be kept at an unmanned aircraft’s control station,” dated August 8, 2014. To the extent the FAA deems an exemption from this section necessary for proposed operations, such exemption should be granted in light of the mitigating fact that the PIC will

maintain the documents required under 14 C.F.R. §§ 91.9 and 91.203 at the UAS ground control station during flights.

14 C.F.R. 91.103: Preflight Action

Prior to each flight, the PIC must conduct a pre-flight inspection and determine the UAS is in a condition for safe flight. This will be in accordance with the operation manual for the specific UAS. The preflight inspection will account for all potential discrepancies, e.g., inoperable components, items, or equipment. If the inspection reveals a condition that affects the safe operation of the UAS, the aircraft is prohibited from operating until the necessary maintenance has been performed and the UAS is found to be in a condition for safe flight.

14 C.F.R. 91.109: Flight Instruction

Section 91.103 provides that no persons 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. By design, UAS are remotely piloted aircraft and do not have fully functional dual controls. Flight control is accomplished through the use of a control box that communicates with the aircraft via radio communications. The FAA has previously approved exemptions for aircraft without fully functional dual controls. The equivalent level of safety is provided by the fact that neither a pilot nor passengers will be carried in the aircraft, the ability to control the UAS via radio signals from the controller, and by the size and speed of the aircraft.

14 C.F. R. 91.119: Minimum Safe Altitudes

Section 91.119 establishes safe altitudes for operation of civil aircraft. This exemption is for a multi rotor craft that flies with vertical take-off and vertical landing, which will typically operate at altitudes of 200 AGL. The UAS will never operate at altitude higher than 400 AGL unlessapproved by COA. Buildings and people will not be exposed to operations without their preobtained consent. The equivalent level of safety will be achieved given the size, weight, speed of the UAS, as well as the location where it is operated. No flight will be taken without the permission of the property owner, agent, or local officials. Because of the advance notice to the



### of 5 8property owner and any onsite individuals will be aware of the planned flight operations. Compared to flight operations with aircraft or rotorcraft weighting far more than the maximum 55 pounds proposed herein and carrying flammable fuel, any risk associated with our operations is far less than those presently presented with helicopters and other conventional aircraft operating at or below 500 AGL. In addition, the low-altitude operations of the UAS will ensure separation between these small- UAS operations and the operations of conventional aircraft that must comply with Section 91.119.

14 C.F.R. 91.121: Altimeter Settings

This regulation requires each person operating an aircraft to maintain cruising altitude by reference to an altimeter that is set "...to the elevation of the departure airport or an appropriate altimeter setting available before departure." As the UAS will not have a barometric altimeter, but instead a GPS altitude read out, an exemption will be needed. An equivalent level of safety will be achieved by the operator confirming the altitude of the launch site shown on the GPS altitude indicator before flight.

14 CFR 91.151 (a): Fuel requirements for flight in VFR conditions

Section 91.151 (a) outlines fuel requirements for beginning a flight in VFR conditions. Our UAS is limited to operations in controlled environments, and has a limited range and flight time which require an exemption from 14 CFR 91.151(a). The battery powering the UAS provides approximately 20 minutes of powered flight. To meet the 20 minute reserve requirement in 14 CFR §91.151, UAS flights would be limited to approximately 5 minutes in length. Given the limitations on the UAS's proposed flight area and the location of its proposed operations within a predetermined area, a longer time frame for flight in daylight or night VFR conditions is reasonable. Kimmel Enterprises, LLC believes that an exemption from 14 CFR §91.151(a) falls within the scope of prior exemptions. See Exemption 10673 (allowing Lockheed Martin Corporation to operate without compliance with FAR 91.151 (a)). Operating the small UAS, in a tightly controlled area where only people and property owners or official representatives who have signed waivers will be allowed, with less than 30 minutes of reserve fuel, does not engender the type of risks that Section 91.151(a) was intended to alleviate given the size and speed of the small UAS. Additionally, limiting UAS flights to 10 minutes would greatly reduce the utility for which the exemption will be granted. An equivalent level of safety can be achieved by limiting flights to 20 minutes, or enough battery reserve to ensure that the UAS lands at the ground station with at least 30% of battery power (as determined by the onboard monitoring system and the pilot), whichever happens first. This restriction would be more than adequate to return the UAS to its planned landing zone from anywhere in its limited operating area. Similar exemptions have been granted to other operators.

14 CFR 91.203 (a) & (b): Carrying civil aircraft certification and registration

The regulation provides in part: (a) Except as provided in § 91.715, no person may operate a civil aircraft unless it has within it

the following: (1) An appropriate and current airworthiness certificate. ... (b) No person may operate a civil aircraft unless the airworthiness certificate required by paragraph (a) of this section or a special flight authorization issued under §91.715 is displayed at the cabin or cockpit entrance so that it is legible to passengers or crew. The UAS fully loaded



### of 6 8weighs no more than 55 pounds and is operated without an onboard pilot. Therefore there is no ability or place to carry certification and registration documents or to display them on the UAS. An equivalent level of safety will be achieved by keeping these documents at the ground flight control station where the pilot flying the UAS will have immediate access to them, to the extent they are applicable to the UAS. The FAA has issued numerous exemptions to this regulation.

14 CFR 91.405 (a); 407 (a)(1); 409 (a)(2); 417 (a) & (b): Maintenance inspections

These regulations require that an aircraft operator or owner "shall have that aircraft inspected as prescribed in subpart E of this part and shall between required inspections, except as provided in paragraph (c) of this section, have discrepancies repaired as prescribed in part 43 of this chapter...," and others shall inspect or maintain the aircraft in compliance with Part 43. Given that these section and Part 43 apply only to aircraft with an airworthiness certificate, these sections will not apply to Kimmel Enterprises, LLC. Maintenance will be accomplished by the operator pursuant to the flight manual and operating manual. An equivalent level of safety will be achieved because these small UASs are very limited in size and will carry a small payload and operate only in restricted areas for limited periods of time. If mechanical issues arise the UAS can land immediately and will be operating from no higher than 400 feet AGL. The operator will ensure that the UAS is in working order prior to initiating flight, perform required maintenance, and keep a log of any maintenance performed. Moreover, the operator is the person most familiar with the aircraft and best suited to maintain the aircraft in an airworthy condition to provide the equivalent level of safety.

Privacy and Safety

All flights will occur over private or controlled access property with the property owner's or agent prior permission and knowledge. Images taken will be of individuals who have also consented to being filmed or otherwise have agreed to be in the area where aerial photography will take place. Kimmel Enterprises, LLC satisfaction of the criteria provided in Section 333 of the Reform Act of 2012 size, weight, speed, operating capabilities, proximity to airports and populated areas and operation within visual line of sight and national security - provide justification for the grant of the requested exemptions allowing commercial operation of applicant's UAS as prescribed.

SUMMARY Pursuant to 14 C.F.R. Part 11, the following summary is provided for publication in the Federal Register. Kimmel Enterprises, LLC seeks an exemption from the following rules: 14 C.F.R. §21, subpart H; 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; 91.15l(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) to operate commercially small unmanned vehicles (551bs or less). Approval of exemptions allowing commercial operations of UAS as requested enhances safety while reducing risk. Manned aircraft creates a greater risk because they are much larger, have combustible fuel, and carry an onboard human pilot. In contrast, a UAS weighing fewer than 55 lbs. and powered by batteries, eliminates virtually all of that risk given the reduced mass and lack of combustible fuel carried on board. The UAS will carry no passengers or crew and, therefore, will not expose them to the risks associated with manned aircraft flights. The operation of small UASs, weighting less than 55 lbs., conducted in the conditions outlined above, will provide an equivalent level of safety supporting the grant of the exemptions requested herein, including exempting the applicant from the requirements of Part 21 and allowing commercial operations. These lightweight aircraft operate at slow speeds, close to the



### of 7 8ground, and in a sterile environment and, as a result, are far safer than conventional operations conducted with turbine helicopters operating in close proximity to the ground and people.

GLOSSARY OF ABBREVIATIONS

AGL Above Ground Level

AOI Area of Interest

ATC Air Traffic Control ATO Air Traffic Organization

AV Aerial Vehicle CFR Code of Federal Regulations

COA Certificate of Authorization

FAA Federal Aviation Administration FAR Federal Aviation Regulation
GCS Ground Control Station GPS Global Positioning System

LOL Loss of Link NAS National Airspace System

NOTAM Notice to Airman

PIC Pilot In Command Section 333 FAA Modernization and Reform Act of 2012 (FMRA)

Section 333 SOP Standard Operating Procedures

UA Unmanned Aircraft UAS Unmanned Aircraft System VFR Visual Flight Rules
VLOS Visual Line of Site VMC Visual Meteorological Conditions

VO Visual Observer VTOL Vertical Takeoff and Landing



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