July 201 \ 2015 U.S. Department ofTransportation Docket Management System 1200 NewJersey Ave., SE, West Building Ground Floor, Room W12-140, Washington, DC 20590 ' ,' ,e··

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Re: Request for Exemption under Section 333 ofthe FAA Modernization and Reform Act and Part 11 ofthe Federal Aviation Regulations from 14 C.P.R. 61.23(a) and (c); 61.101(e)(4) and (5); 61.113(a); 61.315(a); 91.119(c); 91.121; 91.151(a)(l); 91.405(a); 91.407(a)(l); 91.409(a)(1) and (2); 91.417(a) & (b). 

### PETITIONFOR SUMMARY EXEMPTION Dear Sir orMadam: Pursuantto Section 333 ofthe FAAModernization and Reform Act of2012 (the Reform Act) and 14 C.P.R. Part 11, KinoFly, an operator ofSmall Unmanned Aircraft (UA) hereby applies for an exemption from the listed Federal Aviation Regulations ("FARs") to allow commercial operation ofits UA. KinoFly is eligible for a summary exemption for aerial data collection; please reference exemption #11482. 

### QUICKREFERENCE SUMMARY Type ofUAto be flown: Electric Multi-Rotor 

## lliJ DJI S1000 

## lliJ Cinestar X8 

## lliJ Inova One X8 The operations will be for: Aerial Data Collection 

## 00 Mapping 

## 00 Inspections 

## 00 Aerial Filming The Petitionerwill operate underthe restrictions listed below and those in the confidentially submitted operating manuals. The Petitioner agrees to all the restrictions in Exemption# 11784 which are listed below. 

### KINOFLY REQUESTS THATTHE PUBLICATION AND COMMENT PROCEDURES BEWAIVED IN ACCORDANCE WITH 14 C.F.R. § 11.87.

§ 11.87 Are there circumstances in which FAA may decide not to publish a summary of my petition for exemption?The FAAmay notpublish a summary ofyourpetition for exemption and request comments ifyoupresent or we find good cause why we should not delay action onyour petition. The factors we consider in deciding not to request comment include: (a) Whether granting your petition would set a precedent. (b) Whether the reliefrequested is identical to exemptions granted previously. (c) Whether our delaying action on your petition would affect you adversely. (d) Whether you filed yourpetition in a timely manner. Corresponding to the above sub-sections, KinoFly has good cause to request the FAAto waive the commentperiod and notdelay action onthe petition because: (a) KinoFly would not set any precedent. KinoFly agrees to the SAME exact limitations as Exemption# 11784. (b) The reliefrequested is identical to that granted, without publication for comment, in Exemption# 11784. (c) Delaying the granting ofthis petition would adversely affect the public, the FAA, and KinoFly The public, as well as the FAA, would be better served by the FAA quickly granting this petition and thereby freeing up limited FAA resources and allowing FAA inspectors to dedicate their time and attention to much higher priorities. Moreover, KinoFly is adversely affected by the below listed regulations. (d) The petition has been filed in a timely manner. PUBLIC BENEFIT This exemption will allow commercial operations ofUA's that will enhance safety by reducing risk. The alternative to using a UA is to use ajetorpistonpower aircraft carrying large amounts ofJet A or 100LL. Not only is the operation dangerous at the location, the aircraft must fly to the location andback to the home airport. The UA will weigh less than 55 lbs. and powered by batteries that eliminates most ofthe risk because no highly flammable fuel will be involved. There are no pilots on board the UA and due to the small size ofthe UA, there is less riskposed to the public onthe ground in case of an emergency. Manned airplanes and helicopters produce a large amount ofnoise pollution when operating at low altitudes that disrupts the quiet enjoyment ofthe public onthe ground. UA are much quieter and will not disrupt the public as much as manned aircraft; thus, the public will benefit from their use. Additionally, the UAhas multiple motors, providing redundancy, while most manned aircraft have only one engine. The operations ofthe UA listed underthe restrictions proposed herein will provide an equivalent level ofsafety as the Federal Aviation Regulations.

PETITIONER'S CONTACT INFO: KinoFly Attn: Alex Fuller

2Email: alex@kinofly.com Address: 3537 37 1h St. San Diego, CA 92105 REGULATIONS FROM WHICH THE EXEMPTION IS REQUESTED
14 C.F.R. § 61.23(a) and (c) 14 C.F.R. § 61.10l(e)(4) and (5) 14 C.F.R. § 61.113(a) 14 C.F.R. § 61.315(a) 14 C.F.R. § 91.7(a) 14 C.F.R. § 91.119(c) 14 C.F.R. § 91.121 14 C.F.R. § 91.15l(a)(l) 14 C.F.R. § 91.405(a) 14 C.F.R. § 91.407(a)(l) 14 C.F.R. § 91.409(a)(1) & (2) 14 C.F.R. § 91.417(a) & (b) OPERATING DOCUMENTS KinoFly will operate only within the limitations below and the limitations listed in the confidentially submitted operating manual. The limitations below, from the previously granted exemption, will be followed ifthere is a conflictwiththe operating manual.

STATUTORY AUTHORITY TO GRANT THIS PETITION The Federal Aviation Act expressly grants the FAAthe authority to issue exemptions. This statutory authority by its terms includes exempting civil aircraft, as the term is defined under§ 40101 ofthe Act that includes UAS's, from the requirement that all civil aircraft musthave a current airworthiness certificate. "The Administrator may grant an exemptionfrom a requirement ofa regulation prescribed under subsection (a) or (b) ofthis section or any sections 44702-44716 ofthis title ifthe Administrator finds the exemption inthe public interest." 49 U.S.C. § 4470l(f). See also 49 U.S.C. § 4471l(b). This exemptionpetition is expressly submitted to fulfill Congress' goal inpassing Section 333(a) through (c) ofthe FAAModernization and Reform Act of2012. This law directs the Secretary ofTransportationto consider whether certain unmanned aircraft systems may operate safely inthe national airspace system (NAS) before completion of the rulemaking required under Section 332 ofthe FAA Modernization and Reform Act. In makingthis determination, the Secretary is required to determine which types ofUA do not create a hazardto users ofthe NAS orthe public orpose a threat to national security in light ofthe following:

3 

### [!] The UA's size, weight, speed, and operational capability; 

## 00 Operation oftheUA in close proximity to airports and populated areas; and, 

## 00 Operation ofthe UA within visual line ofsight ofthe operator (VLOS).Ifthe Secretary determines that such vehicles "may operate safely inthe national airspace system, the Secretary shall establish requirements for the safe operation ofsuch aircraft inthe national airspace system." Id. § 333(c) (emphasis added). The FAA has already establishedrequirements for summary grants that will be further discussed below. Applicant interprets this provisiontoplace the duty onthe Administrator to not only process applications for exemptions under section 333, butfor the Administratorto craft conditions for the safe operation ofthe UAS, ifit should be determined thatthe conditions set forth herein do notfulfill the statutory requirements for approval. EQUIVALENT LEVEL OF SAFETY The applicantproposes thatthe exemption requested herein applies to civil aircraft that have the characteristics and that operate withthe limitations listed herein. These limitationsprovide for at least an equivalent or evenhigher level ofsafety to operations under the current regulatory structure. These limitations and conditions are identical to Exemption

### # 11784 except for the difference in aircraft. KinoFly agrees to bebound when conducting commercial UA operations. The list oflimitations and conditions include the following: 1. Operations authorized by this grant ofexemption are limitedto the DJI S1000, Cinestar X8, and Inova One X8; all ofwhich weigh less than 55 pounds including payload. Proposed operations ofany other aircraft will require a newpetition or a petition to amend this exemption. 2. Operations for the purpose ofclosed-set motionpicture and television filming are not permitted. 3. The UA may notbe operated at a speed exceeding 87 knots (100 miles perhour). The exemptionholder may use either groundspeed or calibrated airspeed to determine compliance withthe 87 knot speed restriction. Inno case will the UAbe operated at airspeeds greaterthan the maximum UA operating airspeed recommendedby the aircraft manufacturer. 4. The UA mustbe operated at an altitude ofno more than 400 feet above ground level (AGL). Altitude mustbe reported in feet AGL. 5. The UA mustbe operated within visual line ofsight (VLOS) ofthe PIC at all times. This requires the PIC to be able to use humanvisionunaided by any device otherthan corrective lenses, as specified onthe PIC'sFAA-issued airman medical certificate or U.S. driver's license.
6. All operations mustutilize a visual observer (VO). The UA mustbe operated within the visual line ofsight (VLOS) ofthe PIC and VO at all times. The VO may beused to satisfY the VLOS requirement as long as the PIC always maintains VLOS capability. The VO and PIC mustbe able to communicate verbally at all times; electronic messaging or texting is notpermitted during flight operations. The PIC mustbe designated before the

4flight and cannottransfer his orher designation for the duration ofthe flight. The PIC mustensure thatthe VO canperform the duties required ofthe VO. 7. This exemption and all documents needed to operate the UAS and conduct its operations in accordance withthe conditions and limitations stated inthis grant of exemption, are hereinafterreferred to as the operating documents. The operating documents mustbe accessible during UAS operations and made available to the Administratoruponrequest. Ifa discrepancy exists betweenthe conditions and limitations inthis exemption and the procedures outlined inthe operating documents, the conditions and limitations hereintake precedence and mustbe followed. Otherwise, the operatormust follow the procedures as outlined in its operating documents. The operator may update orrevise its operating documents. Itis the operator's responsibility to track suchrevisions andpresentupdated and revised documents to the Administrator or any law enforcement official uponrequest. The operator must also presentupdated and revised documents ifitpetitions for extension or amendmentto this grant ofexemption. Ifthe operator determines that any update orrevision would affect the basis upon which the FAA granted this exemption, thenthe operator mustpetition for an amendmentto its grant ofexemption. The FAA's UAS Integration Office (AFS- 80) may be contacted if questions arise regarding updates orrevisions to the operating documents. 8. Any UAS thathas undergone maintenance or alterations that affectthe UAS operation orflight characteristics, e.g. replacement ofa flight critical component, must undergo a functional test flight priorto conducting further operations under this exemption. Functional test flights may only be conducted by a PIC with aVO and mustremain at least 500 feet from otherpeople. The functional test flight must be conducted in such a manner so as to notpose anundue hazardto persons and property. 9. The operator is responsible for maintaining and inspecting the UAS to ensure that it is in a condition for safe operation. 10. Priorto each flight, the PIC must conduct a pre-flight inspection and determine the UAS is in a condition for safe flight. The pre-flight inspection must account for all potential discrepancies, e.g. inoperable components, items, or equipment. Ifthe inspectionreveals a conditionthat affects the safe operation ofthe UAS, the aircraft is prohibited from operating until the necessary maintenance has beenperformed and the UAS is found to be in a condition for safe flight.

11. The operator must follow the UAS manufacturer's maintenance, overhaul, replacement, inspection, and life limitrequirements for the aircraft and aircraft components. 12. Each UAS operated under this exemptionmust comply with all manufacturer safety bulletins. 13. Under this grant ofexemption, a PIC must hold either an airline transport, commercial, private, recreational, or sportpilot certificate. The PIC must also hold a current FAA airman medical certificate or a valid U.S. driver's license issued by a state,


### 5the District ofColombia, Puerto Rico, a territory, a possession, orthe Federal government. The PIC must also meetthe flight reviewrequirements specified in 14 CFR § 61.56 in an aircraft in which the PIC is rated onhis orherpilot certificate. 14. The operator may notpermit any PIC to operate unless the PIC demonstrates the ability to safely operate the UAS in a manner consistent with how the UAS will be operated under this exemption, including evasive and emergency maneuvers and maintaining appropriate distances from persons, vessels, vehicles and structures. PIC qualification flight hours and currency mustbe logged in a manner consistent with 14 CFR 

### § 61.51(b). Flights for the purposes oftraining the operator's PICs and VOs (training, proficiency, and experience- building) and determining the PIC's ability to safely operate the UAS in a manner consistent with howthe UAS will be operated under this exemption are permitted under the terms ofthis exemption. However, training operations may only be conducted during dedicated training sessions. During training, proficiency, and experience-building flights, all persons not essential for flight operations are considered nonparticipants, and the PIC must operate the UA with appropriate distance from nonparticipants in accordance with 14 CFR § 91.119. 15. UAS operations may notbe conducted during night, as defined in 14 CFR 

### § 1.1. All operations mustbe conducted under visual meteorological conditions (VMC). Flights under special visual flight rules (SVFR) are not authorized. 16. The UAmay not operate within 5 nautical miles ofan airport reference point (ARP) as denoted inthe current FAA Airport/Facility Directory (AFD) or for airports not denoted with anARP, the center ofthe airport symbol as denoted onthe current FAA published aeronautical chart, unless a letter ofagreement withthat airport's management is obtained or otherwise permitted by a COA issued to the exemption holder. The letter of agreement withthe airport managementmustbe made available to the Administrator or any law enforcement official upon request. 17. The UA may notbe operated less than 500 feet below or less than 2,000 feet horizontally from a cloud orwhen visibility is less than 3 statute miles from the PIC. 18. Ifthe UA loses communications orloses its GPS signal, the UA must return to a predetermined location within the private or controlled-access property. 19. The PIC must abort the flight inthe event ofunpredicted obstacles or emergencies. 20. The PIC is prohibited from beginning a flight unless (considering wind and forecast weather conditions) there is enough available power for the UAto conductthe intended operation and to operate after that for at least five minutes orwith the reserve power recommended by the manufacturer ifgreater. 21. Air Traffic Organization (ATO) Certificate ofWaiver or Authorization (COA). All operations shall be conducted in accordance with an ATO-issued COA. The exemption holder may apply for a new or amended COA ifit intends to conduct operations that cannot be conducted under the terms ofthe attached COA.



### 622. All aircraft operated in accordance with this exemption must be identified by serial number, registered in accordance with 14 CFRpart 47, and have identification (N Number) markings in accordance with 14 CFRpart45, Subpart C. Markings must be as large as practicable. 23. Documents used by the operatorto ensure the safe operation and flight ofthe UAS and any documents required under 14 CFR §§ 91.9 and 91.203 must be available to the PIC at the Ground Control Station ofthe UAS any time the aircraft is operating. These documents mustbe made available to the Administrator or any law enforcement official upon request. 24. The UA must remain clear and give way to all manned aviation operations and activities at all times. 25. The UAmay not be operated by the PIC from any moving device or vehicle. 26. All Flight operations must be conducted at least 500 feet from all nonparticipating persons, vessels, vehicles, and structures unless: a. Barriers or structures are presentthat sufficiently protectnonparticipating persons from the UA and/or debris inthe event ofan accident. The operatormust ensure that nonparticipating persons remain under suchprotection. Ifa situation arises where nonparticipating persons leave suchprotection and are within 500 feet ofthe UA, flight operations must cease immediately in a manner ensuring the safety ofnonparticipating persons; and b. The owner/controller ofany vessels, vehicles or structures has granted permission for operating closerto those objects and the PIC has made a safety assessment ofthe risk of operating closerto those objects and determined that it does not present anundue hazard. The PIC, VO, operatortrainees or essential persons are not considered nonparticipating persons underthis exemption. 27. All operations shall be conducted over private or controlled-access property with permission from the property owner/controller or authorized representative. Permission from property owner/controller or authorized representative will be obtained for each flight to be conducted. 28. Any incident, accident, or flight operationthat transgresses the lateral orvertical boundaries ofthe operational area as defined by the applicable COA mustbe reported to the FAA's UAS Integration Office (AFS-80) within 24 hours. Accidents must be reported to the National Transportation Safety Board (NTSB) per instructions contained onthe NTSB Web site: www.ntsb.gov. KinoFly's UA are rotorcraft, weighing 55 lbs. orless including payload. They operate, under normal conditions at a speed ofno more than 50 knots and they have the capability to hover, and move inthe vertical and horizontal plane simultaneously. They will operate only withinVLOS and only within the restrictions above and the confidentially submitted manual. Such operations will insure thatthe UA will "not create a hazard to users ofthe national airspace system or the public." Giventhe small size ofthe UA involved and the restricted sterile environment within which they will operate, the applicant falls squarely withinthat zone ofsafety (an

7equivalent level ofsafety) in which Congress envisioned thatthe FAAmust, by exemption, allow commercial operations ofUAto commence immediately. Also, due to the size ofthe UA and the restricted areas in which the relevant UA will operate, approval ofthe applicationpresents no national security issue. Since the UAfully loaded weighs no more than 55 lbs. and is operated without an onboard pilot, there is no ability orplace to carry certification and registration documents or to display them onthe unmanned aircraft. An equivalent level ofsafety will be achieved by keeping these documents at the ground control pointwhere the pilot flying the UA will have immediate access to them. Also, giventhe size ofthe unmanned aircraft, the FAA registration number will be displayed onthe airframe in as large a font as possible. REGULATIONS FROM WHICHEXEMPTION IS NEEDED 14 C.F.R. § 61.23(a) & (c): Medical Certificates Exemption# 11221, # 11284, and many others have provided that a U.S. driver's license could be used inlieu ofthe medical certificate provides an equivalent level of safety. 14 C.F.R. § 61.101(e)(4) & (5): Recreational Pilot Privileges and Limitations & 14 C.F.R. § 61.315(a): SportPilot Limitations. Exemption# 11221, # 11284, and many others have declared that there is an equivalent level ofsafety as the FAR'sby requiring the PIC to "hold either an airline transport, commercial, private, recreational, or sportpilot certificate." Likewise, KinoFly is also performing commercial UAS work and is asking for the same restrictions which have beenpreviously deemed to provide an equivalent level ofsafety as the burdensome regulations. 14 C.F.R. § 61.113 (a): Private Pilot Privileges and Limitations: Pilot In Command. Sub-sections 61.113(a) limitprivate pilots to non-commercial operations. Because the UA will not carry a pilot orpassengers, the proposed operations can achieve the equivalentlevel ofsafety ofcurrent operations by requiring the PIC operating the aircraft to have a sport pilot license rather than a commercial pilot's license to operate this small UAS. Unlike a conventional aircraft that carries the pilot and passengers, the UA is remotely controlled with no living thing on board. 14 C.F.R. § 91.7(a): CivilAircraft Airworthiness. As there will be no airworthiness certificate issued for the unmanned aircraft, and no FAAregulatory standard will exist for determining airworthiness ofthe UA, the requirements contained inthe confidentially submitted manual andthe restrictions already agreed to will provide an equivalent level ofsafety. 14 C.F.R. § 91.119: Minimum SafeAltitudes

8Section 91.119 establishes safe altitudes for operation ofcivil aircraft. Section 91.119 (d) allows helicopters to be operated at less than the minimums prescribed, provided the person operating the helicopter complies with any route or altitudes prescribed for helicopters bythe FAA. Because ofthe lack offlammable fuel, any risk associated withthese operations is far less thanthose presently presented with conventional aircraft operating at or below 500 AGL. In addition, the low-altitude operations ofthe UAS will ensure separationbetweenthese small UAS operations and the operations ofconventional aircraft that must comply with Section 91.119. 

### 14 C.F.R. § 91.121: Altimeter Settings This regulationrequires eachperson operating an aircraft to maintain cruising altitude by reference to an altimeter that is set "

... to the elevation ofthe departure airport or an appropriate altimeter setting available before departure." As the UAS may not have a barometric altimeter, but instead a GPS altitude read out, an exemption may be needed. An equivalent level ofsafety will be achieved by the operator, pursuant to following the confidentially submitted manual. Furthermore, many otherpetitions have been granted allowing GPS to be used in lieu ofan altimeter setting. 

### 14 C.F.R. § 91.151(a): FuelRequirements for Flight in VFR Conditions Section 91.151 (a) prohibits an individual from beginning "a flight in an airplane under VFR conditions unless (considering wind and forecast weather conditions) there is enough fuel to fly to the first point ofintended landing, and, assuming normal cruising speed- (1) During the day, to fly after that for at least 30 minutes; or (2) Atnight, to fly after that for at least 45 minutes." Applicantbelieves that an equivalent level ofsafety can be achieved by restricting operations to "the intended operation and to operate after that for at least five minutes or withthe reserve powerrecommended by the manufacturer ifgreater." Exemption# 11284, atpage 5. 

### 14 C.F.R. § 91.405 (a);§ 91.407 (a) (1); § 91.409 (a) (2); § 91.417(a) & 

### (b): Maintenance Inspections These regulations require that an aircraft operator or owner "shall have that aircraft inspected as prescribed in subpart E ofthis part and shall between required inspections, except as provided in paragraph (c) ofthis section, have discrepancies repaired as prescribed inpart43 ofthis chapter"5 and others shall inspect or maintainthe aircraft in compliance with Part 43. Given that these sections and Part 43 apply only to aircraft with an airworthiness certificate, these sections will not apply to the applicant. An equivalent level ofsafety will be achieved because these small UAS's are very limited in size and will carry a small payload and operate only inrestricted areas for limited periods oftime. Moreover, the operator is the personmost familiar withthe aircraft and best suited to maintainthe aircraft in an airworthy conditionto provide the equivalent level ofsafety. Lastly, the petitionerwill operate in accordance withthe confidentially submitted manual that will provide an equivalent level ofsafety as the burdensome regulations. 

### CONCLUSION

9The operation ofKinoFly using a small UAS, weighing less than 55 lbs., conducted under the proposed restrictions outlined above as well as the confidentially submitted manual, will provide an equivalent level ofsafety supporting the grant ofthe exemptions requested herein. Sincerely yours, 

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