1 1 100 Corporate Center Drive, Suite 201

Monterey Park, CA 91754

t: 323.260.4703 f: 323.260.4705

w ww.koacorporation.com

June 4 , 2015

U. S. Department of Transportation , Docket Operations West Building Ground Floor, Room W12

- 140 1200 New Jersey Ave. SE Washington, DC 20590

Subject: R EQUEST FOR E XEMPTI ON P ER S ECTION 333 OF THE FAA R EFORM A CT

Pursuant to Section 333 of the FAA Modernization and Reform Act of 2012 (the Reform Act), and 14 C.F.R. Part
11, K OA Corporation , Inc. (KOA ), a C alifornia based C orporation providing civil engineering services

, hereby applies for exemption from the Federal Aviation Regulations (FARs) listed below to allow operation of our Small Unmanned Aircraft System (sUAS) equipped to conduct aerial photography for various industries and public agencies

, commercially in airspace regulated by the Federal Aviation Administration (FAA)

, so long as such operations are conducted with and under the conditions outlined herein a nd as established by the FAA

, as required by Section 333.

The p roposed exemption w ill permit K OA to pursue its commercial interests in providing services to consumers

interested in aerial data capture using a small advanced sUAS in the following areas:

• A erial imagery for use in planning and design of public inf ras tructure, including streets and pipelines

• A nalysis and assessment of existing public inf ras tructure, including streets and pipelines

• P lanning and design of development projects

• D ocumentation of public infrastructu re construction activiti es

• Urgent i nspection of faciliti es and infrastructure s in the event of an earthquake or other emergency requiring engineering response and assessment.

K OA ’ s chief sUAS operator holds an FAA Private Pilot License . All KOA operator ’ s will be trained to understand the proper roles of an operator, observer, communication procedures, preflight planning and area observation,
checklists, conflict avoidance, separation from ut ilities and structures, proper visual scan techniques, equipment

care , inspection and maintenance, and FAA Section 333 requirements

.

KOA is requesting exemption from : 14 C.F.R. Part 21 14 C.F.R. 91.121 14 C.F.R. 45.23 (b) 14 C.F.R. 91.151(a) 14 C.F.R. 61.113(a) and (b) 14 C.F.R. 91.203 (a) & (b) 14 C.F.R. 91.7 (a) 14 C.F.R. 91.205 (b) 14 C.F.R. 91.9 (b) (2) 14 C.F.R. 91.215

14 C.F.R. 91.109 14 C.F.R. (91.401

- 91.417)

14 C.F.R . 91.119

sUAS are a feasible method to obtain information regarding existing and proposed public infrastruct ures. Some existing infrastructure

, such as busy railroad yards , steep flood control channels, piers, and hillside drainage

structures are f

airly inaccessible. sUAS allow ready and safe access to such sites while reducing pers onal risk of2 1 100 Corporate Center Drive, Suite 201

Monterey Park, CA 91754

t: 323.260.4703 f: 323.260.4705

w ww.koacorporation.com

injury from climbing and falls. Large projects encompassing several acres, or miles, of infrastructure are best

viewed and un d erstood f rom an aerial persepective captured by a sUAS camera. After an earthquake or other disaster, an sUAS wil l allow ready and safe access to damaged or q uestionable sites for engineering i nspection and

assessment

.

We are petitioning for exemption to enable K OA to operate a DJI Phantom 2 Vision Plus multi

- rotor equipped

wit h a three

- axis gimbaled camera . Th is sUAS weigh s less than 25 lbs

, has a built

- in capability to limit the height it flies above the ground, to limit the radius of the distance it flies from the operator and to exclude it from Class B, C and D airspace including a no fly zone feature. T he system has a failsafe return function. When communication between the Main Controller and the transmitter is lost, the s UAS will automatically r eturn to the starting

location and land safely. T he DJI Phantom 2 Vision Plus consists of a battery

- powered unmanned aircraft unit with camera, and a ground

- based controller with communications device operated by the Pilot in Command (operator). Radio commun ications are compliant with Federal Communications Commission requirements.

KOA ’ s operati ons will include the following requirements:

• The petitioner will operat e its sUAS in line of sight of the operator and/or observer . Such operations will be

conducted to e nsure that the sUAS will not create a hazard to users of the national airspace system or the public.

• Maximum flight time for ea ch operational flight will be 20 minutes. Multiple flights may be conducted. • Flights will be terminated at 25% battery power reserve should that occur prior to the 2 0 minute limit. • The sUAS operated by the petitioner weighs less than 55 pounds, inc luding the payload (i.e. camera, lens, and gimbal). • The sUAS will operate at speeds of no more than 55 knots.

Under the requested exemption K OA ensures that all operators have completed a small unmanned aircraft

systems sUAS education and training program including applicable regulations and gui dance documents ; Basic Small UAS Aerodynamics; Weather factors; Flight Planning; Preflight Assessment; Incident Avoidance; Airmanship

and Decisio n making and Safe Operating Procedures.

We respectfully request exemption und er Section 333 to enable K OA to operat e safe, low

- risk commercial sUA S operations for the activities stated. K OA at a ll times will respect the space and privacy of citizens and pr operty
whil e keeping our skies safe.

Sincerely, KOA Corporation

Chuck Stephan, P.E.
V ice President3 1 100 Corporate Center Drive, Suite 201

Monterey Park, CA 91754

t: 323.260.4703 f: 323.260.4705

w ww.koacorporation.com

EXEMPTION REQUESTS AND EQUIVALENT LEVEL OF SAFETY

K OA Corporation , Inc. (KOA ), requests an exemption from the following regulations as well as any additional regulations that may technically apply to the operation of a Small Unmanned Aircraft System ( sUA S) :

14 CFR Part 21, Airworthiness Certificates This part establishes the procedures for the issuance of an airworthiness certificate. While the FAA continues to

work to deve lop airworthiness standards for Unmanned Aerial Systems, we request an experimental certificate be issued for the DJI Phantom 2 Vision plus, under either or both of the following provisions:

21.191 Experimental certif icates.

Experimental certificates are issued for the following purposes:

(a) Research and development. Testing new aircraft design concepts, new aircraft equipment, new aircraft installations, new aircraft operating techniques, or new uses for aircraft.

(b ) Showing compliance with regulations. Conducting flight tests and other operations to show compliance with the airworthiness regulations including flights to show compliance for issuance of type and supplemental type certificates, flights to substantiate major design changes, and flights to show compliance with the function and reliability requirements of the regulations. Since the experimental certificate can be used for commercial purposes such as market surveys, sales
demonstrations, and customer crew t raining, we would expect that an experimental certificate would permit our commercial purpose as well. The aircraft will not carry persons or property, will not carry fuel, and will only fly under strict operational requirements. Combined with the UA's lig ht weight, being constructed primarily of foam, carbon fiber, and/or plastic, we propose that the UA will be at least as safe, if not safer, than a conventionally certificated aircraft performing the same mission. If an experimental airworthiness certifica te is not appropriate for this application, then we request an exemption of 14 CFR Part 21, Subpart H, and the requirement for an airworthiness certificate in general, citing the equivalent level of safety outlined in the previous paragraph.

14 CFR 45.23 D isplay of marks; general and 45.29 Size of marks. These regulations provide that each aircraft must display "N" and the aircraft's registration number in letters at least 3 inches high. Additionally, the aircraft must display the word "EXPERIMENTAL" in let ters at least 2 inches high near the entrance to the cabin, cockpit, or pilot station. The sUAV does not have an entrance in which the word "EXPERIMENTAL" can be placed, and may not have a registration number assigned to it by the FAA. We

propose to achiev e an equivalent level of safety by including the word "EXPERIMENTAL" on the top of the

aircraft , We will also i nclude the KOA name and contact information on the aircraft for identification purposes.

14 CFR 61.113 Private pilot privileges and limitations:

Pilot in Command and 61.133 Commercial pilot privileges and limitations. The regulation provides that no person that holds a Private Pilot certificate may act as pilot in Command of an aircra ft for compensation or hire.4 1 100 Corporate Center Drive, Suite 201

Monterey Park, CA 91754

t: 323.260.4703 f: 323.260.4705

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Subparagraph (b) allows a private pilot to act as pilot in command of an aircraft in connection with any business or employment if: (1) The flight is only incidental to that business or employment; and (2) The aircraft does not carry passengers or property for compensation or hire. Our proposed operations require that the operator must be duly train ed and capable of operating the sUAS safely and in conformance with all regulations and requirements.

Since the aircraft cannot carry passengers or property, we feel we meet the intent of 61.113 Subparagraph (b) even though the intent of this application is to a ugment our business s ervices

.

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

As no such certificate will be applicable in the form contemplated by the FARs, this Regulation is inapplicable.

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

This regulation provides that no person may operate an aircraft unless a current, approved flight manual is in the

aircraft. We request an exemption to this requirement since the aircraft is not only too small to carry
documentation, the documentat ion would not be available to the crew during flight operations. To obtain an equivalent level of safety and meet the intent of 91.9, we propose that a current, approved sUAS Flight Manual

, and equipment manufacturer ’ s information, w ill be available to the crew at the ground station anytime the air craft is in, or preparing for, flight.

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

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

that aircraft has fully functioning dual controls." The sUAS System ground

- based control station consists of a small

hand

- held radio transmitter and while it does not offer a second set of "controls", both a student and instructor

can, operate the single set of controls simultaneously. With both student and instructor having "hands

- on" the controls during flight, we feel that this technique meets the intent 91.109 and provides an equivalent level of safety.

14 CFR 91.119 Minimum safe altitudes: General.

The r egulation states that over sparsely populated areas the aircraft cannot be operated closer than 500 feet to any person, vessel, vehicle, or structure. Since the typical mission of o ur sUAS would be photography or inspection of s tructures and infrastructure facilities , it will be necessary to operate closer than the 500 feet

limitation. Our o perations will only be c onducted over property or persons where permission has been obtained and careful pre

- planned has been performed. The aircraft will be operated at a low altitude allowing, if a power unit fails, an emergency landing without undue hazard to persons or property on the surface. Therefore we maintain that due to the small size of the UAS, the hazard to persons, vehicles and structures is minimal compared

to ma nned aircraft, which should be considered in granting the exemption.

14 CFR 91.121 Altimeter settings.5 1 100 Corporate Center Drive, Suite 201

Monterey Park, CA 91754

t: 323.260.4703 f: 323.260.4705

w ww.koacorporation.com

The regulation requires that aircraft shall maintain cruising altitudes by reference to an altimeter setting available

within 100 NM of the aircraft. The sUAS will always fly below 600 feet AGL and will not need to main tain cruising

altitudes to prevent conflict with other aircraft. An Above Ground Level altimeter measurement above the takeoff point is transmitted via radio from the sUAS on

- board computer to th e display screen held by the operator, providing a constantly updated AGL readout.

14 CFR 91.151 Fuel requirements for flight in VFR conditions.

The regulation provides that no person may begin a flight in an airplane under day

- VFR conditions unle ss there is enough fuel to fly to the first point of intended landing and to fly after that for at least 30 minutes. The sUAS are battery oper ated and the maximum duration of flight from a single battery charge is 12

- 45 (depending on which sUAS) minutes with a 20% reserve. Since the aircraft will n ot fly more than 2 ,000 feet from the point of intended landing, a full battery charge at launch will ensure that we meet the reserve energy requirement of this paragraph. We request an exemption to the word "fuel" and ask for an equivalent interpretation with the word "energy". We also request exemption from the 30 min reserve and ask that our reserve wil l be to fly the mission to the point of intended landing w ith at le ast a 20% battery reserve

.

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

The regulation provides that an airworthiness certificate, with the registration nu mber assigned to the aircraft and a registration certificate must be aboard the aircraft. Additionally, subparagraph (b) provides that the airworthiness certificate be "displayed at the cabin or cockpit entrance so that it is legible to passengers or crew. "

T he sUAS is too small to carry documentation, does not have an entrance, and is not capable of carrying passengers or crew. To obtain an equivalent level of safety and meet the intent of 91.203, we propose that documents deemed appropriate for this aircraft by the FAA will be colocated with the o perator at the ground

control station and available for ins pection upo n request . T o identify the aircraft, we propose that the info rmation found on airworthiness and registration certificates be perm anently affixed to the aircraft

.

14 CFR 45.23. 14 CFR Subpart E (91.401

- 91.417)

- Maintenance, Preventive Maintenance, Alterations

The regulation provides that the operator is primarily responsible for maintaining the aircraft in an airworthy condition, including compliance with part 39 and 43. Paragraphs 91.407 and 91.409 require tha t the aircraft be "approved for return to service by a person authorized under 43.7" after maintenance and inspection. It is our

intention that the o perator perform maintenance and inspection of the aircraft and "be authorized to approve the

aircraft for return to service." The o perator will ensure that the aircraft is in an airworthy condition prior to every flight and in addition, conduct detailed inspections before and after e ach flight. Maintenance performed by

the o perator is limited to repairing small cracks, rep lacing a propeller, checking electrical connections and updating software and firmware for the on

- board computer. All other maintenance will be performed by the manufacturer or their designated repair facility. The o perator will document work performed in accor dance with 91.417. We feel that due to the size, construction, and simplicity of the aircraft, the o perator can ensure an equivalent level of safety.