UNITED STATES OF AMERICA DEPARTMENT OF TRANSPORTATION FEDERAL AVIATION ADMINISTRATION WASHINGTON, DC

Regulatory Docket No. _______________

**IN THE MATTER OF THE PETITION FOR EXEMPTION OF: KVARA, INC.**  **FOR AN EXEMPTION SEEKING RELIEF FROM THE REQUIREMENTS OF**  **TITLE 14 OF THE CODE OF FEDERAL REGULATIONS SECTIONS**  61.113(a) and (b); 91.7(a); 91.119(c); 91.151(a); 91.405(a); 91.407(a)(1); 91.409(a) and 91.417(a) **CONCERNING OPERATION OF AN UNMANNED AIRCRAFT SYSTEMS OVER THE STATES OF**  **ALASKA (AK), ARI ZONA (AZ), CALIFORNIA (CA), COLORADO**  **(CO), FLORIDA (FL), HAWAII (HI), ILLINOIS (IL), INDIANA (IN), IOWA (IA), KANSAS (KS), KENTUCKY (KY), MICHIGAN (MI), MINNESOTA (M**  **N), MISSOURI (MO), MONTANA (MT), NEBRASKA (NE), NEVADA (NV), NEW MEXICO (NM), NORTH DAKOTA**  **(ND), OHIO (OH), OKLAHOMA (OK), PENNSYLVANIA (PA), SOUTH DAKOTA (SD),**  **TEXAS (TX), UTAH (UT), VIRGINIA (VA), WASHI NGTON (WA), WEST VIRGINIA (WV)**  **AND WISCONSIN (WI)**  **PURSUANT TO SECTION 333 OF THEFAA MODERNIZATION AND REFORM ACT OF 2012** 

Submitted on May 18 , 2015

MICHAEL A. TRIANA JR. Chief Executive Officer KVARA, Inc. 1250 121 St Street Whiting, Indiana 46394 Tel: (219) 512

- 2714 www.kvara.us kvarainc@yahoo.comTABLE OF CONTENTS

GLOSSARY OF ABBREVIATIONS ..........................

......................... .......................................................3

OVERVIEW ....................................................................................................................

.... ......................... 4

ABOUT THE PETITION ER. AND INTERESTS

... ............... .............................................. ........................ 4

UAS TO BE USED

................................................................................ .......................................................4

REQUEST FOR PETITION....................................................................................................... ...................5

NAME AND ADDRESS OF PETITIONER.......................

.......................................... ................................5

EXEMPTION REQUEST & THE SPECIFIC SECTIONS OF 14 C.F.R. FROM WHICH

KVARA, INC. SEEKS EXEMPTION

.................... ................... ............................................... ... ..................5

THE REASONS WHY GRANTING KVARA , INC.'S REQUEST WOULD

BE NEFIT THE PUBLIC, EVIRONMENT AN ECONOMY......

................ .................................................6

THE REASONS WHY GRANTING THE EXEMPTION WOULD NOT

ADVERSELY AFFECT SAFETY.............................................................................. ..................................8

SUMMARY..........

....................................................................................................................... .................1 5

CONCLUSION................................................................................................................. ............................1 6**GLOSSARY OF ABBREVIATIONS**

AGL Above Ground Level

ATC Air Traffic Control

COA Certificate of Authorization

FAA Federal Aviation Administration

FAR Federal Aviation Regulation

NAS National Airspace System

Section 333 FAA Modernization and Reform Act of 2012, Section 333

SMS Safety Management System

UA Unmanned Aircraft

UAS Unmanned Aircraft System

UAV Unmanned Aerial Vehicle

VFR Visual Flight Rules

VMC Visual Meteorologica l Condition

VO Visual Observer

**3 OVERVIEW** 
KVARA, Inc. (hereinafter referred to as “KVARA”) seeks exemption from the requirements of Title 14 C.F.R. Sections 61.113(a) and (b); 91.7(a); 91.119(c); 91.151(a); 91.405(a); 91.407 (a)(1); 91.409(a) and 91.417(a) . This exemption will permit KVARA to operate an Unmanned Aircraft S ystem (“UAS”) over
certain non

- populated areas in the States of AK, AZ, CA, CO FL, HI, IL, IN, IA, KS, KY, MI, MN, MO, MT, NE, NV, NM, ND, OH, OK, PA, SD, TX , UT, VA, WA, WV and WI while keeping the documents required by the regulations at the ground control station and immediately accessible to the pilot in command. Furthermore, t he exemption will relieve KVARA from the airworthiness certificate standards and the requirement to have a certificate of airworthiness issued for its UAS. If applicable, this exemption will also permit any required markings concerning the operational status of the UAS to be displayed o n the fuselage of the unmanned aircraft.

**ABOUT THE PETITIONER AND INTERESTS**
KVARA is a services company specializing in aerial data capture using unmanned aircraft systems (UAS). We’ll utilize a variety of safe, ultra

- light and easy to use unmanned aerial vehicles (UAV’s) for data
collection combined with high

- resolution aerial photography , video and orthoimagery. This will produce actionable information that results in increased safety, substantially lower costs, increased yields and higher profits for ou r clients.

**UAS TO BE USED** As set forth in this petition for exemption, KVARA seeks to operate its roster of UAS for high

- resolution/ precision aerial photography and video for use in mapping, land survey applications and inspections.

**Unmanned Aircraft System(s):**
DJI

- Inspire 1
3DR

- Solo Quadcopter
MICRODRONES MD4

- 200
MICRODRONES MD4

- 1000
MICRODRONES MD4

- 3000

KVARA seeks an exemption to operate a small number of UAS for specific applications in different
industries/environments for compensation or hire within the national airspace system (“NAS”). The UAS listed above is comprised of a transportable ground stati on. If required , KVARA will submit an Aircraft Registration Application upon the grant of the exemptions sought by this Petit ion.

**4 REQUEST FOR**  **PETITION** Petitioner, KVARA , hereby petitions the Administrator for an exemption from:

Title 14 C.F.R. Sections 61.113(a) and (b); 91.7(a); 91.119(c); 91.151(a); 91.405(a); 91.407(a)(1); 91.409(a) and 91.417(a) .

The specific details regarding this request for exemption are included in this document and represent the
current interests and specializations of KVARA

. The exemption would allow operation by KVARA for the purpose o f precision aerial photography and video for use in mapping, land survey applications and inspections.
The name and address of the Petitioner is:

MICHAEL A. TRIANA JR.
1250 121St Street Whiting, Indiana 46394 Tel: (219) 512

- 2714
Website: www.kvara.us
Email: kvarainc @yahoo.com

The point of contact for this Petition and specific contact information is as follows:

SAME AS ABOVE

**(1) EXEMPTION REQUEST AND EQUIVALENT LEVEL OF SAFETY SHOWINGS UNDER APPLICABLE RULES SUBJECT TO EXEMPTION** 

**A. KVARA requests an exemption from the following regulations as well as**  **any additional regulations that may technically apply to the operation of the KVARA UAS:**  The following is a list of the exemptions with a discussion of the equivalent level of safety for each item for which exemption is being request ed

.

14 C.F.R. § 61.113(a) & (b); Private Pilot Privileges and Limitations; Pilot in Command; Commercial Pilot Privileges and Limitations. 14 C.F.R. § 91.7(a): Civil aircraft airworthiness. 14 C.F.R. § 91.119(c): Minimum Safe Altitudes 14 C.F.R. § 91.151(a): Fuel Requirements for Flight in VFR Conditions 14 C.F.R. § 91.405(a); 407(a)(1); 409(a)(2); 417(a): Maintenance Inspections

**5 B. The Reasons Why Granting KVARA’s Request Would be in the Public**  **Interest; That Is,**
**How It Would Benefit the Public as a Whole.**  Granting the present Petition will further the public interest by allowing KVARA to safely, efficiently, and economically perform aerial operations/ acquisition over the States of AK, AZ, CA, CO FL, HI, IL, IN, IA, KS, KY, MI, MN, MO, MT, NE, NV, NM, ND, OH, OK, PA, SD, TX, UT, VA, WA, WV and WI performing mapping and land survey and inspection applications in support of utility, energy, transportation, agriculture, mining , natural recourses, wildlife monitoring, civil engineering and cons truction, while also furthering the development of the nation’s economy related to several industries. Additionally, use of the KVARA’s UAS will decrease congestion of the NAS, reduce pollution, and provide significant benefits to the economy and the envir onment. Notably, the benefits of the proposed operation of the chosen KVARA UAS will be realized without impacting any privacy issues.

**C. The Public Will Benefit From Aerial Acquisition/Operation**  **Performed** KVARA submits this Petition to perform precisio n aerial photography and video throughout the states of, AK, AZ, CA, CO FL, HI, IL, IN, IA, KS, KY, MI, MN, MO, MT, NE, NV, NM, ND, OH, OK, PA, SD, TX, UT, VA, WA, WV and WI in support of utility, energy, transportation, agriculture, mining, natural recourses, wildlife monitoring, civil engineering and construction.

The KVARA UAS will provide safe, efficient, and ec onomical aerial acquisition to further each of
these fields /industries , all of which are critical to the well being of the general public

. The specific operations that KVARA will perform using its chosen UAS provide many advantages compared to manned aerial photography operations and traditional land survey . The use of the UAS will allow
for increased safety, timely, less costly and more si te

- specific data capture than is possible with traditional methods. The types of work planned for the KVARA UAS include, but are not limited to, safety and asset inspections, utility inspection and monitoring, industrial facility inspections, surveying for land development, geospatial services, mapping and planning new worksites, environmental monitoring, remediation planning and monitoring.

**D. Public Benefit From Reduced**  **Congestion of the NAS.** The KVARA UAS will provide a safe, efficient, and economical, non

- polluting alternative to the traditional manned aircraft more commonly used in the past. All of the KVARA UAS will use an electric motor propulsion system that is powered by low

- voltage batteries. By using our chosen
UAS for these planned applications , one can expect a significantly reduce d number of manned aircraft used to perform aerial acquisitions in these regions. The requested exemptions allowing the
use of the KVARA UAS will also have the added benefit of reducing noise and air pollution, as

**6**well as increasing the safety of life and property in the air and on the ground. T he size, weight and
mass of these small UAS as compared to manned aircraft will greatly enhance the safety of acquiring precision survey data. Additionally , by reducing the number of manned aircraft operating in the NAS, congestion around airports caused by arriving and departing aircraft will be reduced and an added benefit of increased safety may be experienced.
The KVARA UAS do not require an airport to takeoff or land. T herefore, a reduction of manned aircraft conducting aerial inspection and or survey missions would help to reduce the aircraft that must be handled by air traffic control during the everyday ground, takeoff, departure, arrival, and landing phases of flight operations.

**E. Public Benefit From the Safety and Effi ciency of the current KVARA UAS**  By performing aerial acquisitions with the UAS, as opposed to manned aircraft, a benefit to the public will be experienced. A reduction of air and noise pollution can greatly affect the environment and the public as a whole, compared to traditional aerial survey flight operations. Using UAS with its battery and electric motor components create a viable environmentally conscious alternative to the cabin class, internal c ombustion twin

- engine aircraft that are typically used for such aerial photographic operations today. The KVARA UAS, will reduce its carbon footprint by conducting its aerial acquisitions, all the while also eliminating noise pollution

. The
UAS battery pow ered electric motor is barely audible during the takeoff phase, and cannot be heard when operating more than 100 feet above ground. By reducing manned operations whenever possible and using UAS for certain flight operations , the overall benefit is a lesser chance for personal injury or a property damage incident.

**F. Performing Aerial Acquisition Operations with the KVARA UAS Will Benefit the Economy** 
KVARA will continue to engage in business development and will strive to spur new job growth as
it evolve s into a n aerial data capture

- service leader. Because of its focus on safety and positive
environment al impact, KVARA will stay one step ahead, adopting newer and better technologies and methodologies.

KVARA UAS and its services are safe, efficient and are an economical alternative to using manned aircraft to conduct aerial acquisitions. Because of increasing operational costs due to increasing aviation fuel prices and the costs of Environmental Protection Agency (“EPA”) regulatory ac tions, U.S. owned and operated companies must adopt new and alternative technology in order to remain competitive. KVARA will remain competitive and profitable, and therefore provide greater job stability to employees and contractors, which will ultimately contribute to growth of the U.S.

**7**economy. Improved financial performance of U.S. companies, through commercial use of the UAS, provides a stable workforce that increases consumer spending; improves local, state, and federal tax revenues; and allows companies to invest and reinvest in research and development in order to remain competitive.

**G. Privacy Issue Concerns** The proposed use of the KVARA UAS will not create privacy issues nor will it violate any privacy laws when being used for the purposes stated in this petition. KVARA’s UAS will be operated only
in non

- populated areas, restricted personnel access areas, rural areas, and in accordance with all Federal Aviation Regulations, including the minimum and maximum altitude requirements of 14
C.F .R . § 91.119. Most importantly , the UAS will not be operated closer than 500 feet to any person, vessel, vehicle, or structure, except when necessary for takeoff or landing.

**(2) EXEMPTION REQUEST AND EQUIVALENT LEVEL OF SAFETY SHOWINGS UNDER**
**APPLICABLE RULES SUBJECT TO EXEMPTION** 

KVARA requests an exemption from the following regulations as well as any additional regulations that may technically apply to the operation of its UAS :

**14 C.F.R. § 61.113(a): Private Pilot Privileges and Limitations; Pilot in Command; Commercial Pilot Privileges and Limitations.**  Section 61.113(a) limits private pilots to non

- commercial operations. Unlike a conventional aircraft that carries a pilot, pass engers, and cargo, KVARA’s UAS are remotely controlled carrying no pilot, no passengers or freight on board. KVARA respectfully proposes that operator requirements should take into account the characteristics of the particular UAS being used and
the enviro nment the UAS are being used in

.

Because there are several safety features with each of its UAS, KVARA proposes that operators of its UAS should not be required to hold a c ommercial pilot certification. KVARA notes that the FAA has found that safety factors permitted operation of UASs by operators with these qualifications in the case of operations pursuant to public COAs where the mandatory operating conditions specified above are present. See Federal Aviatio n Administration, Notice N

- 8900.227, Unmanned Aircraft Systems (UAS) Operational Approval, at 20

- 21 (July 30, 2013). The FAA has the statutory authority, granted at 49 U.S.C.§44701(f) to waive the pilot requirements for commercial operations. Given these c onditions and restrictions, an equivalent level of safety will be provided by allowing operation of the KVARA UAS by individuals with a valid private pilot’s certificate. Under the conditions set forth herein, the risks associated with the operation of the UAS (given its size, speed, operational capabilities, and lack of combustible fuel) are so diminished from the level of risk associated with other commercial operations contemplated by Part 61 with conventional aircraft (fixed wing or rotorcraft), that al lowing operations of

**8**the UAS as set forth above meets or exceeds the present level of safety provided under 14 C.F.R. § 61.113(a) & (b).

**14 C.F.R. § 91.7(a): Civil aircraft airworthiness.** This regulation requires that no person may operate a civil ai rcraft unless it is in airworthy condition. Should the exemption be granted allowing commercial operation of the KVARA UAS without an airworthiness certificate, no standard will exist for airworthiness of the UAS. Given the size of the aircraft
and the requirements that have presumably already been met in the SAC approval process for the UAS (for instance, the KVARA Maintenance & Inspection Manual and Safety Checklist), an equivalent level of safety will be achieved by insuring compliance with the manufa ctures UAS operations manuals prior to each flight.

**14 CFR § 91.119: Minimum Safe Altitudes** Section 91.119 establishes safe altitudes for operation of civil aircraft. Specifically, 91.119(c) limits aircraft flying over areas other than con gested areas to an altitude of 5 00 feet above the surface, except over open water or sparsely populated areas. In those cases, the aircraft may not be operated closer than 500 feet to any person, vessel, vehicle, or structure. As set forth herein, the KVARA UAS will not b e operated at higher than 400 feet AGL . It will, however, be operated to avoid congested or populated areas. Because aerial survey work must be accomplished at relatively low altitudes and at altitudes less than 500 feet AGL, an exemption from Section 91.1 19(c) is needed. The equivalent level of safety will be achieved given the size, weight, speed, and material with which the KVARA UAS are built. Compared to aerial survey operations conducted with aircraft or rotorcraft weighing far more than 55 lbs. and c arrying flammable fuel, any risk associated with these operations will be far less than those currently allowed with
conventional aircraft operating at or below 500 feet AGL. Indeed, the low

- altitude operations of the UAS
will maintain separation between t hese small

- UAS operations and the operations of conventional aircraft that must comply with Section 91.119.

**14 C.F.R. § 91.151(a): Fuel Requirements for Flight in VFR Conditions** This regulation prohibits an individual from beginning “a flight in an airpla ne under VFR conditions unless (considering wind and forecast weather conditions) there is enough fuel to fly to the first point of intended landing and, assuming normal cruising speed

– (1) During the day, to fly after that for at least 30 minutes; or (2) At night, to fly after that for at least 45 minutes.” The KVARA UAS batteries provide approximately 50 minutes of powered flight. Without an exemption from § 14 CFR 91.151, the UAS’s flights would be limited to approximately 20 minutes in length. Given th e limitations on its proposed operations and the location of those proposed operations, a longer time frame for fligh t in daylight VFR
conditions is reasonable. KVARA believes that an exemption from 14 CFR § 91.151(a) is safe and within the scope of a pri or exemption. See Exemption 10673 (allowing Lockheed Martin Corporation to operate without compliance with 91.151(a)). Operating the small UAS, without 30 minutes of reserve battery

**9**power does not engender the type of risks that Section 91.151(a) was meant to prevent given the size and speed at which the UAS operates. The fact that it carries no pilot, passenger, or cargo also enhances its safety. Additionally, limiting the KVARA UAS fligh ts to 20 minutes would greatly reduce their utility. In the unlikely event that the UAS should run out of battery power, it would simply land using a gentle downward spiraling pattern. Given its weight and construction material, the risks are less than

con templated by the current regulation. KVARA believes that an equivalent level of safety can be achieved by maintaining 10 minutes of reserve battery power, which, allowing 40 minutes of flight time,
would be more than adequate to return the UAS to its plann ed landing zone from anywhere in its operating

area.

**14 C.F.R. § 91.405(a); 407(a)(1); 409(a)(2); 417(a): Maintenance Inspections** Section 91.405(a) requires 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 . . . .” Section 91.407 similarly makes reference to requirements in Part 43; Sec tion 91.409(a)(2) requires an annual inspection for the issuance of an airworthiness certificate.

Section 91.417(a) requires the owner or operator to keep records showing certain maintenance work that has been accomplished by certificated mechanics, under Part 43, or licensed pilots and records of approval of the aircraft for return to service. Maintenance of the KVARA UAS will be accomplished by the owner/operator pursuant to the manufacture r manuals. An equivalent level of safety will be achieved
because the UAS are all small in size, will carry no external payload, will operate only in restricted predetermined areas and is not a complex mechanical devise. As provided in the KVARA Maintenance Manual and the Safety Checklist, the operator of its UAS will e nsure that the UAS is in working order prior to initiating flight, perform required maintenance, and keep a log of any maintenance that is performed. Moreover, the operator is the person most familiar with the aircraft and is best suited to
maintain the ai rcraft in an airworthy condition and to ensure an equivalent level of safety.

**(3) Flight Operations Pursuant To The Exemption Sought Would Be Limited To Areas That Are Not In The Proximity Of Airports Or Over Populated Areas.** 
KVARA will conduct aerial ac qu isition flight operations over certain prequalified areas that are not near populated areas, airports, helipads, highways or state roads. Specifically, KVARA’s proposed area of flight operations also include rural areas that are: 1. Non populated areas a s depicted on VFR Sectional Aeronautical Charts; 2. Not within five (5) miles of any airport or helipad; 3. Not within one hundred (100) meters of state roads having more than two lanes;
and 4. Not within fifty (50) meters of state roads having two lanes o r less.

**10**In summary, KVARA seeks to operate its UAS only over areas within the States defined above while maintaining safe distances from any populated areas, airports, helipads, or roadways.

**Flight Operations of The KVARA**  **UAS are Limited To The Line of Sight of A**  **Certificated Pilot in Command and With A Safety Observer** 
KVARA will only utilize knowledgeable p ilots to act as pilot in command of the UAS. Additionally, all pilots will be assisted by a safety observer. The pilot in command an d safety obser ver must meet the requirements as set forth by the KVARA Standard Operating Procedures

.

**Flights Will Be Conducted Pursuant To Specific Operating Limitations** In seeking this exemption, KVARA proposes to commercially operate the its UAS without satisfying the restricted category airworthiness certification process specified in 14 C.F.R. § 21.185, or otherwise having
a certificate of airworthiness issued by the FAA, as contemplated by 14 C.F.R. Part 21. KVARA proposes

to operate of its current and future UAS , for the special purpose of conducting aerial image acquisitions, pursuant to the following specific operating limitations.

Operating Limitations include:

1) Operations authorized by this grant of exemption are limited to the following aircraft describ ed in the operator’s manual which are all small aircraft weighing less than 55 pounds: Proposed operations of any other aircraft will require a new petition or a petition to amend this grant.

2) The UA may not be flown at an indicated airspeed exceeding 7 4.5 knots.

3) As of March 23, 2015, the FAA will automatically grant a "blanket" COA for flights at or below 200 feet to any UAS operator with a Section 333 exemption, provided the aircraft weighs less than 55 pounds, operations are conducted during dayti me VFR conditions and within VLOS of the pilots and stay certain distances away from airports or heliports. If KVARA is granted an exemption and needs to fly outside those blanket parameters, KVARA will apply for a separate COA specific to the airspace re quired for its operation (s)

. The application will be submitted through the UAS Civil COA Portal . It must be noted that
at this time KVARA does not foresee having to perform any of its future operations beyond 400 ft. AGL

. If applicable, a ll altitudes will be reported to ATC in feet AGL.

4) The UA must be operated within VLOS of the PIC at all times. This requires the PIC to be able to use human vision unaided by any device other than corrective lenses, as specified on the PIC’s FAA

- issued
airman medic al certificate.

5) All operations must utilize a visual observer (VO). The VO may be used to satisfy the VLOS

**11**requirement as long as the PIC always maintains VLOS capability. The VO and PIC must be able to
communicate verbally at all times. The PIC must be designated before the flight and cannot transfer his or her designation for the duration of the flight. The PIC must ensure that the VO can perform the functions prescribed in the operator’s manual.

6) Provided the additional requirements identified in these conditions and limitations are added or amended, the operator’s manual is considered acceptable to the FAA. The operator’s manual and this grant of exemption must be maintained and made available to the Administr ator upon request. If a discrepancy exists between the conditions and limitations in this exemption and the procedures outlined in
the operator’s manual, the conditions and limitations herein take precedence and must be followed. Otherwise, the operator mu st follow the procedures as outlined in its operator’s manual. The operator may update or revise its operator’s manual. It is the operator’s responsibility to track such revisions and present updated and revised documents to the Administrator upon request. The operator must also present updated
and revised documents if it petitions for an extension or amendment of this exemption. If the operator determines that any update or revision would affect the basis upon which the FAA granted this exemption,
then the operator must petition for amendment to its exemption. The FAA’s UAS Integration Office (AFS

- 80) may be contacted if questions arise regarding updates or revisions to the operator’s manual.

7) Prior to each flight the PIC must inspect the UAS to ensure i t is in a condition for safe flight. 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
fo r safe flight. The Ground Control Station must be included in the preflight inspection. All maintenance
and alterations must be properly documented in the KVARA aircraft records.

8) Any UAS that has undergone maintenance or alterations that affect the UAS operation or flight characteristics, e.g. replacement of a flight critical component, must undergo a functional test flight in accordance with the operator’s manual. The PIC who conducts the functional test flight must make an entry in the UAS aircraft re cords of the flight. The requirements and procedures for a functional test flight
and aircraft record entry must be added to the operator’s manual.

9) The preflight inspection section in the operator’s manual has been amended to include the following requirement: The preflight inspection must account for all discrepancies, i.e. inoperable components, items, or equipment, not covered in the relevant preflight inspection sections of the operator’s manual or manufactures manual(s)

.

10) The operator must follow the manufacturer’s UAS aircraft/component, maintenance, overhaul, replacement, inspection, and life limit requirements, with particular attention to flight critical components that may not be addressed in the manufacturer’s manuals.

**12**11) KVARA must carry out its maintenance, inspections, and record keeping requirements in accordance with the operator’s manual. Maintenance, inspection, and alterations must be noted in the aircraft logbook, including total flight hours, description of work accomp lished, and the signature of the authorized
KVARA technician returning the selected UAS to service.

12) KVARA technicians must receive and document training referenced in the operator’s manual.

13) Each UAS operated under this exemption must comply with all manufacturer System and Safety
Bulletins.

14) KVARA maintenance personnel must make a record entry in the UAS logbook or equivalent document of the corrective action taken against discrepancies discovered between inspections.

15) All future PIC perso nnel will seek to obtain a private pilot certificate and a third

- class airman
medical certificate in addition to any FAA required training program . The PIC will also meet the flight review requirements specified in 14 CFR 61.56 in an aircraft in which the PIC is rated on his or her pilot
certificate.

16) Prior to operating for hire, the PIC must have completed KVARA’s three

- day Training Intensive as outlined in the Safety Checklist. The Training Manual must also be updated to reflect the specific t raining

program

. The Training Manual will specify the minimum flight and skill requirements for the Remote Pilot, Instructor Pilot and Examiner. Those Manuals and records of those requirements must be documented and made available upon request by the Administrator

. Any p rior documented flight experience that was obtained in compliance with applicable regulations may satisfy this requirement. Training, proficiency, and experience building flights can also be conducted under this grant of exemption to accomplish the required flights and flight time.

17) If the UAS loses communications or loses its GPS signal, the UA must return to a pre

- determined location within the private or controlled

- access property and land or be recovered in accordance with the operator’s man ual.

18) The PIC must abort the flight in the event of unpredicted obstacles or emergencies in accordance with the operator’s manual.

19) The PIC is prohibited from beginning a UAS 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, to fly after that for at least 10 minutes.

**13**20) The operator is required to request a Notice to Airman (NOTAM) not more than 72 hours in advance,
but not less than 48 hours prior to the operation.

21) All aircraft operated in accordanc e with this exemption must be identified by serial number, registered in accordance with 14 CFR part 47, and have identification (N

- Number) markings in accordance with 14
C FR part 45, Subpart C. Markings must be as large as practicable.

22) Before conducting operations, the radio frequency spectrum used for certain operation s and control of the UA must comply with the Federal Communications Commission (FCC) or other appropr iate government oversight agency requirements.

23) The documents required under 14 CFR 91.9 and 91.203 must be available to the PIC at the Ground Control Station of the UAS any time the aircraft is operating. These documents must be made available to
the Administrator or any law enforcement official upon request.

24) The UA must remain clear and yield the right of way to all other manned operations and activities at all times (including, but not limited to, ultra

- light vehicles, parachute activities, para sailing activities, hang gliders, etc.).

25) The UAS may not be operated by the PIC from any moving device or vehicle.

26) UAS operations may not be conducted during night, as defined in 14 CFR 1.1.

27) All operations shall be conducted in Class G airsp ace.

28) All operations must be conducted under visual meteorological conditions (VMC). The UA may not be operated when visibility is less than 3 statute miles from the PIC.

2 9) During operations in Class G airspace, the UA may not operate within 5 nautical miles of the geographic center of an airport as denoted on a current FAA published aeronautical chart unless a letter of agreement with that airport’s management is obtained, and the operation is conducted in accordance with a
NOTAM. The letter of agreement with the air port management must be made available to the Administrator upon request.

30) The UA may not be operated over congested or densely populated areas. These areas include but are not limited to the yellow areas depicted on World Aer onautical Charts (WAC), Sectional Aeronautical Charts (Sectionals), or Terminal Area Charts (TAC). However, aeronautical charts may not reflect

**14**pertinent local information. Ultimately, it is the PIC’s responsibility to maintain the minimum safe
alti tudes required by § 91.119.

31) Operation of the UA must be conducted at least 500 feet from all nonparticipating persons, vessels, vehicles, and structures.

32) Operations of the UA may be conducted at distances less than 500 feet from participating persons, vessels, vehicles or structures that perform an essential function in connection with these special purpose operations. Operations closer than 500 feet from the PIC, VO, operator trainees and essential persons, are permitted when operationally nec essary; but never so close as to present an undue hazard, per § 91.119(a).

33) Operations of the UA may be conducted at distances less than 500 feet from unoccupied vessels, vehicles or structures owned by the land owner/controller when the land owner/con troller grants such permission and the PIC makes a safety assessment of the risk from operations closer to these objects.

34) All operations shall be conducted over government owned, private or controlled

- access property with permission from the land owne r/controller or authorized representative. Permission from land owner/controller or authorized representative will be obtained for each flight to be conducted.

35) Any incident, accident, or flight operation that transgresses the lateral or vertical bound aries of the operational area as defined by the applicable COA must be 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 on the NT SB Web site: www.ntsb.gov.

**SUMMARY** SUMMARY OF KVARA SECTION 333 EXEMPTION REQUESTS KVARA hereby provides pursuant to Part 11 a summary of its exemption application to allow commercial operation of the listed KVARA UAS in precision aerial survey , aerial p hotography, aerial videography, mapping and inspection work. An exemption is requested from the following regulations:

14 C.F.R. 61.113(a) & (b); 14 C.F.R. 91.7(a); 14 C.F.R. 91.119; 14 C.F.R. 91.151(a); 14 C.F.R. 91.405(a); 14 C.F.R. 91.407(a)(1);
14 C.F.R. 91.409(a)(2); 14 C.F.R. 91.417(a).

**15 CONCLUSION**  As set forth above, KVARA, seeks an exemption pursuant to 14 C.F.R. § 11.61 and Section 333 of the FAA Modernization and Reform Act of 2012, which will permit safe operation of the KVARA UAS commercially, without an airworthiness certificate, for the special purpose of conducting aerial acquisitions over certain areas within the States of AK, AZ, CA, CO FL, HI, IL, IN, IA, KS, KY, MI, MN, MO, MT, NE, NV, NM, ND, OH, OK, PA, SD, TX, UT, VA, WA, WV and WI . By granting this Petition, the FAA Administrator will be fulfilling the Congressional mandate of the FAA Modernization and Reform Act of 2012, while also advancing the interests of the public, by allowing KVARA, Inc. to safely, efficiently, and economically operate the its UAS commercially within the NAS.

Dated: 18 May 2015

Respectfully submitted,

MICHAEL A. TRIANA JR.
Chief Executive Officer KVARA, Inc.
1250 121St Street Whiting, Indiana 46394 Tel: (219) 512

- 2714
www.kvara.us kvarainc@yahoo.com

**16**