1

1100 Corporate Center Drive, Suite 201

Monterey Park, CA 91754

t: 323.260.4703 f: 323.260.4705

www.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: REQUEST FOR EXEMPTION PER SECTION 333 OF THE FAA REFORM ACT

Pursuant to Section 333 of the FAA Modernization and Reform Act of 2012 (the Reform Act), and 14 C.F.R. Part 

11, KOA Corporation, Inc. (KOA), a California based Corporation 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 and as established by the FAA, as 

required by Section 333. 

The proposed exemption will permit KOA to pursue its commercial interests in providing services to consumers 

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

• Aerial imagery for use in planning and design of public infrastructure, including streets and pipelines

• Analysis and assessment of existing public infrastructure, including streets and pipelines

• Planning and design of development projects

• Documentation of public infrastructure construction activities

• Urgent inspection of facilities and infrastructures in the event of an earthquake or other emergency requiring 

engineering response and assessment.

KOA’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 utilities 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 infrastructures. Some 

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

structures are fairly inaccessible. sUAS allow ready and safe access to such sites while reducing personal risk of 
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1100 Corporate Center Drive, Suite 201

Monterey Park, CA 91754

t: 323.260.4703 f: 323.260.4705

www.koacorporation.com

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

viewed and understood from an aerial persepective captured by a sUAS camera. After an earthquake or other 

disaster, an sUAS will allow ready and safe access to damaged or questionable sites for engineering inspection and 

assessment.

We are petitioning for exemption to enable KOA to operate a DJI Phantom 2 Vision Plus multi-rotor equipped 

with a three-axis gimbaled camera. This sUAS weighs 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. The system has a failsafe return function. When communication 

between the Main Controller and the transmitter is lost, the sUAS will automatically return to the starting 

location and land safely. The 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 communications are compliant with Federal Communications Commission requirements.

KOA’s operations will include the following requirements:

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

conducted to ensure that the sUAS will not create a hazard to users of the national airspace system or the 

public.

• Maximum flight time for each 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 20 minute limit.

• The sUAS operated by the petitioner weighs less than 55 pounds, including the payload (i.e. camera, lens, and 

gimbal).

• The sUAS will operate at speeds of no more than 55 knots.

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

systems sUAS education and training program including applicable regulations and guidance documents; Basic 

Small UAS Aerodynamics; Weather factors; Flight Planning; Preflight Assessment; Incident Avoidance; Airmanship 

and Decision making and Safe Operating Procedures. 

We respectfully request exemption under Section 333 to enable KOA to operate safe, low-risk commercial sUAS

operations for the activities stated. KOA at all times will respect the space and privacy of citizens and property 

while keeping our skies safe.

Sincerely,

KOA Corporation

Chuck Stephan, P.E.

Vice President
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1100 Corporate Center Drive, Suite 201

Monterey Park, CA 91754

t: 323.260.4703 f: 323.260.4705

www.koacorporation.com

EXEMPTION REQUESTS AND EQUIVALENT LEVEL OF SAFETY 

KOA 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 (sUAS): 

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 develop 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 certificates. 

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 training, 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 light 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 certificate 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 Display 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 letters 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 achieve an equivalent level of safety by including the word "EXPERIMENTAL" on the top of the 

aircraft, We will also include 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 aircraft for compensation or hire. 
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1100 Corporate Center Drive, Suite 201

Monterey Park, CA 91754

t: 323.260.4703 f: 323.260.4705

www.koacorporation.com

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 trained 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 augment our business services. 

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 documentation 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, will be available to the crew at the ground station anytime the aircraft 

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 regulation 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 our sUAS would be photography or 

inspection of structures and infrastructure facilities, it will be necessary to operate closer than the 500 feet 

limitation. Our operations will only be conducted 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 manned aircraft, which should be considered in granting the exemption. 

14 CFR 91.121 Altimeter settings. 
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1100 Corporate Center Drive, Suite 201

Monterey Park, CA 91754

t: 323.260.4703 f: 323.260.4705

www.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 maintain 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 the 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 unless 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 operated 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 not 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 will be to fly the mission to the point of 

intended landing with at least a 20% battery reserve. 

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

The regulation provides that an airworthiness certificate, with the registration number 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." 

The 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 operator at the ground 

control station and available for inspection upon request. To identify the aircraft, we propose that the information 

found on airworthiness and registration certificates be permanently 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 that 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 operator perform maintenance and inspection of the aircraft and "be authorized to approve the 

aircraft for return to service." The operator will ensure that the aircraft is in an airworthy condition prior to 

every flight and in addition, conduct detailed inspections before and after each flight. Maintenance performed by 

the operator is limited to repairing small cracks, replacing 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 operator will document work performed in accordance with 

91.417. We feel that due to the size, construction, and simplicity of the aircraft, the operator can ensure an 

equivalent level of safety.