Kineticorp Civil Drone Section 333 Exemption Petition

June 10 2015

U.S. Department of Transportation 

Docket Management System 

1200 New Jersey Ave., SE 

Washington, DC 20590

Re: Petition of Kineticorp, LLC for an Exemption Pursuant to Section 333 of the FAA 

Reform Act part 11 of the Federal Aviation Regulations from 14 CFR 21, Subpart H, 14 

CFR 45.23 (b), 14 CFR 61.113 (a) & (b), 14 CFR 91.9 (b)(2), 14 CFR 91.103 (b), 14 CFR 

91.105, 14 CFR 91.109, 14 CFR 91.119, 14 CFR 91.121, 14 CFR 91.151 (a), 14 CFR 91.203 

(a) & (b), 14 CFR 91.405, 14 CFR 91.407, 14 CFR 91.409, 14 CFR 91.417.

To whom it may concern,

Pursuant with Section 333 of the FAA Modernization and Reform act and 14 CFR Part 11, 

Kineticorp, LLC (“Kineticorp”), an accident reconstruction and visualization firm, seeks 

exemption from the Federal Aviation Regulations to the extent to allow commercial 

operation of its Unmanned Aircraft System (“UAS”).

Kineticorp’s requested exemption would allow the operation of a UAS under controlled 

conditions for accident reconstruction and visualization purposes. Our company analyzes a 

variety of accidents from construction accidents to vehicle accidents. Many of the locations 

we survey for reconstruction are outdoors and in remote locations, making access to them 

difficult. With a UAS we would be able to collect data from an aerial perspective for use in 

our accident analysis. 

Our goal in our work is to determine the cause of accidents and we are dedicated to 

providing our clients with accurate analysis by any technological means necessary. By 

utilizing UASs, Kineticorp will add a valuable documentation and analysis tool. 

Kineticorp

Neal Carter

6070 Greenwood Plaza Blvd, Suite 200

Greenwood Village, CO 80111

Email – ncarter@kineticorp.com
Exemptions

Kineticorp believes that exemption from the section of 14 CFR mentioned on page 1 will 

allow Kineticorp to perform the tasks as listed above.

14 CFR 21, Subpart H – Airworthiness Certificates

Kineticorp seeks exemption from 14 CFR 21 which outlines the certification procedures for 

products and parts as well as airworthiness certificates. Due to the low altitude and limited 

airspace that Kineticorp will be using at various locations, we seek exemption to the 

airworthiness certification process. In addition, we will be using a standard model of 

aircraft that had been successfully used by many other corporations for similar purposes, 

and has been shown to be a very safe and reliable aircraft. Kineticorp has developed safety 

and training procedures as stated in the section titled Safety Procedures. In addition, The 

UAS to be operated is less than 15 lbs. fully loaded, carries neither a pilot nor passenger, 

and carries no explosive materials or flammable liquid fuels.

14 CFR 45.23 (b) – Marking of the Aircraft

Kineticorp seeks exemption from the above regulation which discusses the display of 

marks. The marks described in this section are to be no smaller than 2 inches tall, which is 

too large for an aircraft of this size. In addition, the section states the letters are to be 

placed near the cockpit, for which our aircraft has no cockpit. Due to the nature of this 

aircraft, Kineticorp will need exemption from this regulation.

14 CFR 61.113 (a) & (b) – Private Pilot Privileges and Limitations: Pilot in Command

Kineticorp seeks exemption from the above regulation which outlines private pilot 

privileges and limitations for the pilot in command. We seek exemption because we believe 

there is no evidence to say that a person with a private pilot certificate can successfully fly 

a UAS without firsthand experience with the particular UAS. In addition, we believe that 

having a private pilot license does not guarantee competence at flying a UAS, because of 

the differences in controls and viewing angle. Furthermore, we believe our experienced pilot 

has the training necessary to safely fly a UAS, even in emergency conditions.

14 CFR 91.9 (b)(2) – Aircraft Flight Manual

Kineticorp seeks exemption from the above regulations which requires an aircraft flight 

manual inside an aircraft. Given the size of the aircraft, this regulation does not apply. An 

equivalent level of safety will be achieved keeping a flight manual with the pilot in 

command on the ground when applicable.

14 CFR 91.103 (b) – Preflight Actions

Kineticorp seeks exemption from the above regulation which outlines preflight actions such 

as landing and takeoff distances, traffic delays, and alternative airports if the landing is 

determined to be unsafe at a certain airport. Kineticorp will be operating our UAS in visual 

flight rules. Our aircraft operations manual already includes preflight procedures directly 

pertaining to our UAS which includes an equipment checklist as well as preplanning 

details regarding weather conditions, review of any possible flight path of general aviation, 
our mission flight path and weather conditions amongst other parameters required to 

complete the mission.

14 CFR 91.105 – Flight Crewmembers at Stations

Kineticorp seeks exemption from the above regulation which outlines flight crewmember 

stations. Due to the nature of the aircraft and how it does not have a crew other than a pilot 

in command and a spotter, we will need exemption from this regulation.

14 CFR 91.109 – Flight Tests

Kineticorp seeks exemption from the above regulation which outlines private pilot 

privileges and limitations for the pilot in command. We seek exemption because we believe 

there is no evidence to say that a person with a private pilot certificate can successfully fly 

a UAS without firsthand experience with the particular UAS. In addition, our UAS will be 

operated by remote control, which only requires a single operator and dual controls will not 

be necessary.

14 CFR 91.119 – Minimum Safe Altitudes

Kineticorp seeks exemption from the above regulation which outlines safe altitudes at 

which aircraft can fly. Because our aircraft will be taking low level photographs, this would 

not pertain to our operation.

14 CFR 91.121 – Altimeter Settings

Kineticorp seeks exemption from the above regulations which outlines altimeter setting. 

Our aircraft does not have a barometric altimeter, but instead uses GPS altitude data. This 

establishes an equivalent level of safety by requiring the Pilot to confirm that the GPS 

altitude is set to zero before every flight.

14 CFR 91.151 (a) – Fuel Requirements for flight in VFR conditions

Kineticorp seeks exemption from the above regulations which outlines fuel requirements for 

safe landings, even in emergency situations. Our battery is made to run with a full load for 

about 30 minutes, which is less than the 45 minutes of required extra fuel stated in this 

regulation. Our flights are expected to be no longer than 20 minutes, and will be kept in 

close proximity of a safe landing point at all times. Our charge capacity should in no way 

hinder the safety of our flights since it is such a small scale and short flight time, thus we 

seek exemption from this regulation.

14 CFR 91.203 (a) & (b) – Civil Aircraft Certification

Kineticorp seeks exemption from the above regulations which details certification 

requirements. We believe that an airworthiness certificate is not necessary to fly a UAS 

given the size of the aircraft. We are using a mass produced and well tested aircraft that 

has shown airworthiness for many other companies in similar situations. In addition, 

before using our aircraft at a site we preform our own checks to ensure the aircraft is 

working properly and is airworthy.
14 CFR 91.405, 91.407, 91.409, 91.417

Kineticorp seeks exemption from the above regulations which outlines required aircraft 

maintenance, operation after maintenance, preventive maintenance, rebuilding or 

alterations, inspections, and maintenance records. In the flight manual provided for the 

aircraft a complete list of maintenance procedures, inspections, and techniques is given, 

and will be followed thoroughly. In addition, we believe these regulations are intended for 

manned aircraft, therefore making them irrelevant to our situation.

Safety Procedures

Being a company dedicated to safety, we will ensure safe flights with our UAS. The Pilot in 

Command will have completed at minimum, a UAS training course that includes classroom 

and practical training and covers the topic of UAS Safety. In addition, below is a list of all 

the safety precautions we will take before and during every flight. This list is not inclusive, 

but serves as a minimum requirement before flight. Conditions specific to the flight area or 

equipment may warrant additional consideration, at the discretion of the Pilot in 

Command.

- Check weather forecasts and look for potential weather related risks such as wind or low 

clouds.

- Perform a visual inspection of the area in which the UAS will be flying to look for hazards.

- Check FAA maps to ensure we are not near no-fly or high risk zones.

- Inspect the UAS, including mechanical systems, electrical systems, and radio system, to 

ensure full operation during the flight.

- Ensure the batteries of the UAS are fully charged and ensure the batteries of the radio 

controller are sufficient for the duration of the flight.

- Establish a safe landing point to pilot the aircraft to in the event of communication failure 

or low batteries.

- Conduct flights only in daytime conditions with adequate visibility to maintain line of 

sight contact for the duration of the flight. 

- Fly only fly in low risk, controlled environments, and ensure we do not interfere with 

other operations or cause damage.

- Use an aircraft that is no greater than 15 lbs.

- Fly below 200 feet above ground level.

- Fly no longer than 20 minutes.

- Fly in wind speeds under 15 mph.

Aircraft

At the time of this petition, we own and intend to fly a DJI Phantom 2 model UAS. We may 

purchase and fly other models of UAS, and in that case, we will file an amendment to this 

petition. This is the identical model of aircraft approved for use in the FAA's Grant of 

Exemption to Burnz Eye View, Inc., Docket No. FAA-2014-0519.

The DJI Phantom 2 is equipped with GPS systems to monitor altitude, position, and speed. 

This UAS has a built in homing system, which we will set to a safe landing point at each 

site. This means that in the unlikely event of loss of communication or a critically low 
battery, the UAS will go the predetermined safe landing point we set via GPS, and land on 

the ground for us to retrieve. For this UAS the maximum flight time is approximately 20 

minutes, and each aircraft is equipped with a battery monitor on the controller. Lastly, 

these aircraft are made to withstand flight in winds up to about 20 mph, but for safety 

concerns we will limit our flights to be in wind speeds under 15 mph.

FAA Summary to be Published for Federal Register

Petitioner: Kineticorp, LLC

Sections of 14 CFR sought for exemption: 14 CFR 21, Subpart H, 14 CFR 45.23 (b), 14 CFR 

61.113 (a) & (b), 14 CFR 91.9 (b)(2), 14 CFR 91.103 (b), 14 CFR 91.105, 14 CFR 91.109, 14 

CFR 91.119, 14 CFR 91.121, 14 CFR 91.151 (a), 14 CFR 91.203 (a) & (b), 14 CFR 91.405, 14 

CFR 91.407, 14 CFR 91.409, 14 CFR 91.417

Description of relief sought: Kineticorp seeks exemption from the above sections to gather 

data and aerial photographs for accident reconstruction purposes using operations that 

meet or exceed those that the FAA requires.

Please do not hesitate to contact me at ncarter@kineticorp.com if you have any questions or 

concerns.

Best Regards, 

Neal Carter

Senior Engineer

Kineticorp, LLC

303-733-1888