U.S Department of Transportation 

 January 19, 2016

From: AMK Services, 

To: U.S. Department of Transportation

 Attn: Docket Operations

 Secretary of Transportation

 West Building Ground Floor, Room w12-140

 1200 New Jersey Avenue, SE. Washington, DC 20590-001

SUBJECT: SMALL UNMANNED AIRCRAFT FOR USE IN THE INSPECTION OF 

TRANSPORTATION INFRASTRUCTURE EXEMPTION REQUEST

Reference (a) Exemption No. 11637 Regulatory Docket No. FAA–2015–0599

 (b) Exemption No. 11171 Regulatory Docket No. FAA-2014-0816

AMK Services is respectfully requesting and applying for Exemptions by Section 333 – FAA Reform 

and Modernization Act of 2012 and Part 11- Federal Aviation Regulations from 14 C.F.R. § 21, 

Subpart H; 14 C.F.R. § 43.7; 14 C.F.R. § 43.11; 14 C.F.R. § 45.21; 14 C.F.R. § 45.23(b); 14 C.F.R. § 

45.25; 14 C.F.R. § 45.27; 14 C.F.R. § 45.29; 14 C.F.R. § 47.3(b)(2); 14 C.F.R. § 61, Subpart E; 14 

C.F.R. § 91.7(a); 14 C.F.R. § 91.9(b)(2); 14 C.F.R. § 91.9(c); 14 C.F.R. § 91.103; 14 C.F.R. § 91.105; 

14 C.F.R. § 91.109; 14 C.F.R. § 91.113(b); 14 C.F.R. § 91.119; 14 C.F.R. § 91.121; 14 C.F.R. § 

91.151(a); 14 C.F.R. § 91.203; 14 C.F.R. § 91.215; 14 C.F.R. § 91.405(a) and (d); 14 C.F.R. § 

91.407(a)(1); 14 C.F.R. § 91.409(a)(2); 14 C.F.R. § 417(a) and (b). 

Dear Sir/Ma’am:

On behalf of the AMK Services, LLC. (“AMK Services”), we submit to you this Request and 

Application for Exemptions from certain requirements of the FAA Reform and Modernization Act of 

2012 and Regulations described above and in our proposal. In support of our Request and 

Application, we will describe the operations and equipment to be used by AMK Services, the 

necessity and reasons for exemptions as well as the precautions that AMK Services will implement 

and commit to follow.

We seek an exemption from the aforementioned regulations to operate our unmanned aerial system 

commercially and lawfully. We seek relief of FAA restrictions for commercial UAS use to have the 

ability to offer asset inspections for the Transportation Industry to include but not limited to Rail 

systems, Bridges and Highway/Interstate support structures. By granting our request, we will be able 

to provide a safer and more economical approach to the inspection of Railways, Bridges and Support 

Structures throughout the United States. Our UAV is certified to work around bridges, railways and 

other support structures while maintaining a safe distance from the structures as set forth in Federal, 

State and Local regulations. 

AMK Services respectfully request that the FAA grant our exemption request and are willing to work 

with and share all information to benefit the FAA to ensure that lessons learned and procedures are 

reported back to the FAA for future use in guidelines and regulations. 
U.S. Department of Transportation January 19, 2016

Request for Exemption

For use of UAV Page 2

Table of Contents

1. Applicant Information - AMK Services, LLC................................................................................3

2. Description of Operations...............................................................................................................4

2.1 Description of UAS................................................................................................................4

2.2 UAS Pilot in Command..........................................................................................................8

2.3 UAS Operating Parameters ....................................................................................................8

2.4 Limited and Predetermined Use .............................................................................................8

2.5 Preflight Inspection ................................................................................................................9

2.6 Flight Functional Test.............................................................................................................9

2.7 Manufacturing Requirements.................................................................................................9

2.8 Operating and Flight Precautions...........................................................................................9

2.9 COA......................................................................................................................................10

2.10 Maintenance .........................................................................................................................10

2.11 Safety Bulletins ....................................................................................................................10

2.12 Radio Frequency...................................................................................................................10

2.13 Plan of Activities..................................................................................................................10

2.14 Documents............................................................................................................................11

2.15 Right of Way ........................................................................................................................11

2.16 Operations ............................................................................................................................11

2.17 Accident Reports..................................................................................................................11

3. AMK Services’ Request for Exemption.......................................................................................11

3.1 Exemption Requests.............................................................................................................12

4. Privacy..........................................................................................................................................19

5. Conclusion....................................................................................................................................19

6. Exhibits Enclosed.........................................................................................................................20

6.1 Exhibit A - DJI – Phantom 2 User Training Guide ..............................................................20

6.2 Exhibit B - DJI – Phantom 2 User Manual...........................................................................20

6.3 Exhibit C - DJI-Phantom 2 Release Noted Dated Feb 2015 ................................................20

6.4 Exhibit D - Training Course Materials from Unmanned Experts Training Facility.............20

6.5 Exhibit E - License and Pilot Information for Robert Bailey. Pilot for AMK Services......20
U.S. Department of Transportation January 19, 2016

Request for Exemption

For use of UAV Page 3

1.Applicant Information - AMK Services, LLC.

This is the second request from AMK Services to operate UAVs in a commercial setting in order to 

benefit local and national infrastructure by providing safe and cost effective inspections without the 

need for extensive personnel risk. AMK Services was previously granted an exemption for the use of 

UAV within the public safety arena for the inspection of towers. Please see Exemption No. 11637 

Regulatory Docket No. FAA–2015–0599 (Reference a) for further amplification. 

AMK Services has registered as operators of Drones in accordance with statutes set forth by the FAA 

dated 21 December 2015, stating that anyone who owns a small unmanned aircraft of a certain weight 

must register with the Federal Aviation Administration's Unmanned Aircraft System (UAS) registry 

before they fly outdoors. AMK Services’ Registration number is FA3YLKPF9H

AMK Services, LLC is a full service communications and technology company with over 50 

combined years of sales, engineering, implementation, project management and ongoing maintenance 

of Public Safety systems. 

AMK staff qualifications include a number of Degreed System Engineers, Senior System 

Technicians, P25 System Technicians, Project Managers, Vehicle Specialist, and Journeymen 

Technicians. All AMK personnel are background checked through a national screening process and 

then a local background check for each customer project. All AMK employees are required to 

complete a pre-employment drug screening. AMK also has instituted a monthly random drug 

screening policy for all employees and incorporated a companywide safety program. 

The name and address of the applicant is: AMK Services LLC.

Attn: Greg Graham.

Chief Executive Officer

9291 Crouse Willison Road

Johnstown, Ohio 43031

740-975-1127

Greg@amk-services.com

www.AMK-Services.com
U.S. Department of Transportation January 19, 2016

Request for Exemption

For use of UAV Page 4

2.Description of Operations

AMK Services requests permission to operate a small, unmanned, lightweight and relatively 

inexpensive aircraft system, the DJI Phantom 2 Quadcopter (“Phantom 2”) under controlled 

conditions in airspace that is limited and predetermined. This will enable AMK Services to safely 

and efficiently inspect and monitor rail lines, bridges and other support structures vital to Federal, 

State and Local transportation infrastructure.

AMK Services has worked with Public Safety and understands the need for cost effective and safe

measures to inspect and monitor public infrastructure. As noted in Reference B, performing 

infrastructure inspections with unmanned systems is a benefit to the public for the following reasons: 

 The operation significantly improves safety and reduces risk by alleviating human exposure 

to the dangers associated with aerial survey and inspection; 

 It will not be necessary to close a lane on bridges while the inspection is being conducted; 

this significantly improves traffic flow and safety; 

 Railways can be inspected without the need for works to remain on or near tracks or in the 

case of electric trains, power sources;

 The UAS being operated are very small and contain no flammable fuel and in the remote 

event of an accident, will cause no damage or injuries; 

 Given that the cost to conduct an inspection using a UAS is considerably less than available 

alternatives, this important task can be accomplished which will benefit everyone utilizing 

this infrastructure.

Your approval of AMK Services’ request of the Exemptions stated herein will benefit the public and 

transportation Industry. The Exemptions will also reduce direct and indirect financial impacts on 

municipalities as well as state agencies and reduce or eliminate expensive surveying and aerial 

photography by conventional manned aircraft. The Exemptions will enable AMK Services to perform 

and provide real time data to Rail Lines, Cities and State Agencies to determine infrastructure 

integrity without danger to railway personnel, motorists and road crews.

2.1 Description of UAS

AMK Services requests the Exemptions for use of the Phantom, a small unmanned aircraft system 

(“UAS”), for nonprofit land and conservation easement management, site inspections, monitoring, 

conducting necessary aerial surveying, mapping, and aerial photography.

2.1.1 Flight Time and Weight

The high capacity, high performance 5200mAh Lithium Polymer battery offers up to 25 minutes of 

flight time. It provides battery capacity data, over charge/discharge protection, as well as maintenance 

reminders making the battery extremely safe and reliable. 
U.S. Department of Transportation January 19, 2016

Request for Exemption

For use of UAV Page 5

The Phantom weighs less than three pounds.

2.1.2 Live GPS Feedback

The Phantom is equipped with GPS that displays the current position of the Phantom in relation to the 

operator. Exceeding the control range of the remote control triggers the Phantom to automatically fly 

back to the original takeoff point and land safely.

2.1.3 Precision Flight and Stable Hovering

An integrated GPS auto-pilot system that offers position holding, altitude lock and stable hovering 

allows you to focus attention to be focused on shooting.

2.1.4 Mobile Vision

The operator may track the current flight and see what the Phantom sees through a mobile device.

2.1.5 Manufacturer Updates

The Phantom can connect to computers to receive manufacturer (DJI) firmware and applications, 

updates, news, alerts, and support.

2.1.6 Remote Control

The remote control contains a gimbal control dial, a trainer port, a built-in rechargeable LiPo battery 

with a capacity of 2000mAh, battery level LED indicators, and a throttle locking feature.

2.1.7 Antistatic Compass

The Phantom has an anti-static compass with a protective shell. Together, these equipment features 

ensure AMK Services and the UAS will “not create a hazard to users of the national airspace system 

or the public.”

2.1.8 Flight Limitation Application

In order to increase flight safety and prevent accidental flights in restricted areas, the firmware for the 

Phantom 2 series includes a No Fly Zone feature. These zones have been divided into two categories 

that prevent inadvertent flyover of restricted areas that are uploaded into the onboard computer prior 

to flight and as part of the pre-flight checklist

The Phantom has software to prevent the UAS from flying into restricted areas, such as airports. The 

software creates a five mile safety zone around the restricted area. The operator is notified when the 

Phantom is 330 feet away from a safety zone. If the Phantom is five miles from an airport, the UAS 

cannot fly higher than 400 feet. This height limit decreases as the UAS moves closer to the airport so 

that when the UAS is 1.5 miles away, the Phantom may not fly higher than 35 feet. If this occurs, the 

operator has full control of the Phantom’s movement, except that the Phantom will automatically 

descend to the restricted height. The operator is prevented from initiating flight if the Phantom is 

within 1.5 miles from a restricted area. If the operator accidentally flies into a safety zone due to a 

loss of GPS signal, the Phantom will land immediately once the signal returns. If this occurs, the 

operator may control the Phantom, with the exception that the operator cannot make the UAS ascend 

in altitude. In addition, the Phantom has features that allow the operator to manually set height 

limitations and limit how close a Phantom may fly to a safety zone.
U.S. Department of Transportation January 19, 2016

Request for Exemption

For use of UAV Page 6

2.1.9 Phantom Equipment Factory Specifications

2.1.9.1 Key Features

 Stabilization Gimbal 3- axis Camera Stabilization Gimbal

 Video Downlink Max 700m Wi-Fi Connection

 Camera 14 Megapixels/1080p

 Controllable Range -90° – 0° (Vertical)

 Ground Station Built into the DJI Phantom App

 Remote ControlNew version (left dial, built-in LiPo battery)

 800m (FCC), 5,8 Ghz preinstalled smartphone holder

 Max Flight Time 25 minutes

2.1.9.2 Aircraft

 Weight (Battery & Propellers included): 1284g (approximately 2.8 lbs)

 Battery 5200mAh LiPo Battery

 Max Ascent/Descent Speed: Ascent: 6 m/s

 Descent: 2m/s

 Max Flight Speed: 15 m/s

 Max Yaw Angular Velocity: 200°/s

 Max Tilt Angle: 35°

 Diagonal Length: 350mm

2.1.9.3 Camera

 Gimbal Pitch Control Range: 0°-90°

 Operating Environment Temperatures: 0°C-40°C

 Sensor Size: 1/2.3”

 Effective Pixels: 14 Megapixels

 FOV: 110°/85°

Information from www.dji.com/products/compare-phantom. See also DJI – Phantom 2 

Specifications “Exhibit B” attached hereto.
U.S. Department of Transportation January 19, 2016

Request for Exemption

For use of UAV Page 7

2.1.9.4 Remote Control

 Operating Frequency: 5.728 GHz-5.85 GHz

 Communication Distance (Open Area): CE: 400m

 FCC: 800m

 Receiver Sensitivity (1% PER): -93dBm

 Transmitter Power (EIRP): CE: 25mw

 FCC: 100mw

 Working Voltage: 120 mA@V

 Battery LiPo Battery: 3.7V 2000mAH

 Left Dial: Available

 Throttle Lock: Available

 Trainer Port: Available

2.1.9.5 Range Extender

 Operating Frequency: 2412-2462 MHz

 Communication Distance (Open Area): 500-700m

 Transmitter Power: 20dBm

 Power Consumption: 2W
U.S. Department of Transportation January 19, 2016

Request for Exemption

For use of UAV Page 8

2.2 UAS Pilot in Command

The petitioner states that it will utilize commercial or private pilots with considerable experience in 

multiple unmanned systems or personnel who have extensive and documented training in UAS 

operation. Further, the petitioner indicates that the PICs will possess a minimum of 25 hours and 250 

cycles in UAS in addition to at least 10 hours in the particular make and model. 

The petitioner notes that for all flight operations, a PIC will be designated and this person will be 

directly responsible for the operation of the UAS and the safety of the operation. It will be the 

responsibility of the PIC to ensure the operation complies with all applicable regulations and/or 

ensures professional “best practice” to all applicable regulations. 

In addition, for each operation a visual observer (VO) and team leader will be assigned. The VO will 

be responsible for the Ground Control Station (GCS) assembly, disassembly and pre and post flight 

procedures. During flight, the visual observer will visually maintain contact with the unmanned 

aircraft (UA) and scan the area for undetected aircraft and/or obstacles. The observer will also be 

responsible for all aviation related communications. The team leader will have overall responsibility 

for the mission.

2.3 UAS Operating Parameters

The petitioner states that all flights will remain within visual line of sight (VLOS) of the pilot or 

observer. The petitioner further states that if the UAS loses communications or GPS signal, the UAS 

is equipped with advanced safety features that will allow the attempt to re-establish contact with the 

GCS (hover in place), and after 3 minutes the UAS will automatically return to a pre-determined 

location. The petitioner notes that the UAS will operate at or below 400 feet above ground in remote,

sterile areas. The petitioner further notes that it will launch and recover the UA from the area below 

bridges or at least 100 feet away from rail lines or supporting structures. The petitioner states that all 

flights will take place with optimal weather conditions and only under visual flight rules. No flights 

will occur from sunset to sunrise.

The petitioner will use the small UAS to visually inspect the support structure of the bridges, 

roadways or railways. Because the structure supporting the roadway is below the roadway, in the rare 

occurrence that a malfunction occurs to the small UAS, the small UAS would fall to the canyon floor 

rather than onto a roadway. Moreover, the structure of the bridge and the space between the members 

of the bridge allow the pilot and observer to maintain line of sight on the UAS for the duration of the 

flight. For railways and support structures, the UAS can remain clear of any lines or traffic. Thus, the 

risk to the public is greatly reduced because the PIC will be able to avoid any obstacles and other 

aircraft in real time. Flights will not last any longer than 25 minutes.

2.4 Limited and Predetermined Use

AMK Services agrees to be bound by the following limitations and conditions when conducting 

management, inspection, mapping, surveying, and monitoring operations under an FAA issued 

exemption:
U.S. Department of Transportation January 19, 2016

Request for Exemption

For use of UAV Page 9

 Phantom Weight: The UAS will weigh less than three pounds including energy source(s) and 

equipment. Operations authorized by this grant of exemption are limited to the following 

aircraft: DJI Phantom 2. [See “Exhibit B” attached hereto.]

 Limited Flight Speed: The UAS will not be flown at a speed exceeding a ground speed of 30 

knots.

 Flight Altitude Limit: Flights will be operated at an altitude of no more than 400 feet above

ground level.

 VLOS: The UAS will be operated within the visual line of sight (“VLOS”) of the pilot in 

command at all times. This requires the pilot in command (“PIC”) to be able to use human 

vision unaided by any device other than corrective lenses.

 VO: All operations will use a visual observer (“VO”). The VO may be used to satisfy the 

visual line of sight requirement, as long as the PIC always maintains VLOS capability. The 

VO and PIC must be able to communicate verbally at all times.

2.5 Preflight Inspection

Prior to each flight, the PIC will inspect the UAS to ensure it 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 re-inspected and 

found to be in a condition for safe flight.

If there is a ground control station, it must be included in the preflight inspection. All maintenance 

and alterations will be properly documented in the UAS records.

2.6 Flight Functional Test

Any UAS that has undergone maintenance or alterations that affect UAS operations or flight 

characteristics such as the replacement of a flight critical component will undergo a flight functional 

test. The PIC who conducts the flight functional test will make an entry in the UAS aircraft records 

of the flight.

2.7 Manufacturing Requirements

AMK Services will follow the manufacturer’s aircraft/component, maintenance, overhaul, 

replacement, inspection, and life limit requirements. At a minimum, this will include requirements 

for the following: actuators, transmission (single rotor), power plant (motors), propellers, electronic 

speed controller, batteries, mechanical dynamic components (single rotor), remote command and 

control, and ground control station (if used).

2.8 Operating and Flight Precautions

 The UAS will not be operated directly over any person, except authorized and consenting 

personnel, or below an altitude that is hazardous to persons or property on the surface in the 

event of a UAS failure or emergency.

 Regarding the distance from participating persons, those persons must be essential to the 

mandatory conservation and environmental monitoring operations and any surveying 

operations. Because these procedures are specific to participating persons, no further Flight 
U.S. Department of Transportation January 19, 2016

Request for Exemption

For use of UAV Page 10

Standards District Office (“FSDO”) or Aviation Safety Inspector approval is necessary for 

reductions to the distances specified.

 Regarding the distance from non-participating persons, AMK Services will ensure that no 

persons are allowed within 500 feet of the area except those consenting to be involved and 

necessary for the mandatory conservation and environmental monitoring operations and any 

surveying operations. This provision may be reduced to no less than 200 feet if it would not 

adversely affect safety and the Administrator has approved the reduction.

 If the UAS loses communications or loses the GPS signal, the UAS will return to the original 

takeoff point.

 The UAS will abort the flight in the event of unpredicted obstacles or emergencies. Each 

UAS operation must be completed within 25 minutes flight time or with 25% battery power 

remaining, whichever occurs first.

2.9 COA

AMK Services will obtain an Air Traffic Organization (“ATO”) issued Certificate of Waiver or 

Authorization (“COA”) prior to conducting any operations. This COA will require AMK Services to 

request a Notice to Airmen (“NOTAM”) not more than 72 hours in advance, but not less than 48 

hours prior to operations.

2.10Maintenance

AMK Services has developed procedures to document and maintain a record of the UAS 

maintenance, preventative maintenance, alterations, status of replacement/overhaul component parts, 

and the total time in service of the UAS.

2.11Safety Bulletins

The UAS will be operated by AMK Services in compliance with all manufacturer Safety Bulletins.

2.12 Radio Frequency

Before conducting operations, the radio frequency spectrum used for operation and control of the 

UAS will comply with the Federal Communications Commission (“FCC”) or other appropriate 

government oversight agency requirements.

2.13Plan of Activities

At least three days before scheduled use, AMK Services will submit a written Plan of Activities to the 

local FSDO with jurisdiction over the area of proposed UAS use. The three-day notification may be 

waived with the concurrence of the FSDO. The Plan of Activities will include at least the following:

 Date and times for all flights.

 Name and phone number of the operator of the UAS under this grant.

 Make, model, and serial or FAA issued N-number or registered number of UAS to be used.

 Name and age of the UAS’s PIC involved.
U.S. Department of Transportation January 19, 2016

Request for Exemption

For use of UAV Page 11

 Statement that the operator has obtained permission from property owners and/or local 

officials.

 The signature of exemption-holder or representative.

 Description of the flight activity, including maps and diagrams of any area, city, town, county 

and/or state over which UAS use will be conducted and the altitudes essential to accomplish 

the operation. UAS operations will not be conducted during night, as defined in 14 C.F.R. § 

1.1.

 All operations will be conducted under visual meteorological conditions (“VMC”).

2.14 Documents

The manufacturer’s Flight User Manual will be available to the PIC at the ground control station or 

ground control point of the UAS any time the aircraft is operating.

2.15 Right of Way

The UAS will remain clear of and yield the right of way to all manned aircraft operations and 

activities at all times.

2.16 Operations

 The UAS operations will not be conducted at night, as defined in 14 C.F.R. § 1.1. All 

operations will be conducted under VMC.

 The UAS will not be operated by the PIC from any moving device or vehicle. 

 The UAS will not be operated less than 500 feet below or less than 2,000 feet horizontally 

from a cloud or when visibility is less than three statute miles from the PIC.

 The UAS will not be operated in Class B, C, or D airspace. The UAS will not be operated 

within five nautical miles of the geographic center of a non-towered airport as denoted on 

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 Notice to Airmen 

as required by the Applicant’s COA. The letter of agreement with the airport management 

will be made available to the Administrator upon request.

2.17Accident Reports

Any incident, action, or flight operation that transgresses the lateral or vertical boundaries of the 

operational area as defined by the applicable COA must be reported to the FAA’s Integration Office 

(AFS-80) within 24 hours. Accidents will be reported to the National Transportation Safety Board 

(“NTSB”). Further flight operations will not be conducted until the incident, accident, or 

transgression is reviewed by the AFS-80 and authorization to resume is provided.

3. AMK Services’ Request for Exemption

AMK Services understands that the government is readying rules largely favorable to companies that 

want to use small drones for commercial purposes, according to a federal analysis, potentially leading 
U.S. Department of Transportation January 19, 2016

Request for Exemption

For use of UAV Page 12

to the widespread flights by unmanned aircraft performing aerial photography, crop monitoring, 

inspections of cell towers and bridges and other work. Due to the Phantom’s small size, light weight 

(less than three pounds), built-in safety features, and the remote, rural, and restricted locations where 

the Phantom will be operated, AMK Services can meet all requirements of safe UAS operations 

envisioned by Congress.

The UAS’s size, weight, limited range and flight capacity, and restricted use on transportation 

infrastructure, inspected, and monitored by AMK Services in no way presents a national security 

issue. The Exemptions requested by AMK Services provide for the equivalent, if not a higher, level 

of safety than the current regulatory scheme provides due to the dangers associated with much larger, 

heavier, and faster conventional manned aircraft.

In the alternative, AMK Services’ operations meet the “special purpose operations” descriptions of

14 C.F.R. § 21.25 (b)(3)Aerial Surveys, Photography, and Mapping.

3.1 Exemption Requests

Based on the facts and descriptions we have provided for you on behalf of AMK Services, we 

respectfully request that the FAA grant the following requested exemptions:

14 C.F.R. § 21, Subpart H; 14 C.F.R. § 43.7; 14 C.F.R. § 43.11; 14 C.F.R. §

45.21; 14 C.F.R. § 45.23(b); 14 C.F.R. §45.25; 14 C.F.R. § 45.27; 14

C.F.R. § 45.29; 14 C.F.R. § 47.3(b)(2); 14 C.F.R. § 61, Subpart E; 14 C.F.R.

§ 91.7(a); 14 C.F.R. § 91.9(b)(2); 14 C.F.R. § 91.9(c); 14 C.F.R. § 91.103;

14 C.F.R. § 91.105; 14 C.F.R. § 91.109; 14 C.F.R. § 91.113(b); 14 C.F.R.

§ 91.119; 14 C.F.R. § 91.121; 14 C.F.R. § 91.151(a); 14 C.F.R. § 91.203; 14

C.F.R. § 91.215; 14 C.F.R. § 91.405(a) and (d); 14 C.F.R. § 91.407(a)(1); 14

C.F.R. § 91.409(a)(2); 14 C.F.R. § 417(a) and (b).

3.1.1 14 C.F.R. 21, Subpart H: Airworthiness Certificate

AMK Services requests an exemption from 14 C.F.R. 21, Subpart H. This Subpart establishes the 

procedures for the issuance of an airworthiness certificate. AMK Services requests an exemption 

from Part 21, Subpart H because the Phantom meets an equivalent level of safety pursuant to Section 

333 of the Reform Act due to its small size, light weight, and remote rural operating environment.

3.1.2 14 C.F.R. 43

3.1.2.1 43.7: Persons Authorized to Approve Maintenance, Rebuilding, and

Operation

AMK Services requests an exemption from 14 C.F.R. 43.7. This part provides that the holder of a 

mechanic certificate or a repair station certificate may approve an aircraft, airframe, aircraft engine, 

propeller, appliance, or component part for return to service. AMK Services operators will conduct 

inspections and maintenance based on maintenance guidelines provided by DJI, the manufacturer of 

the Phantom. The capabilities of AMK Services operators to maintain and repair the UAS will meet 

the requirements for an equivalent level of safety pursuant to Section 333 for this type of UAS, its 

intended use, and the remote rural operating environment.
U.S. Department of Transportation January 19, 2016

Request for Exemption

For use of UAV Page 13

3.1.2.2 43.11: Records for Inspections

AMK Services requests an exemption from 14 C.F.R. 43.11. This part provides that maintenance 

record entries be maintained, that the inspector list discrepancies, and to affix placards to the aircraft. 

This UAS, due to its small size, does not have room for placards to be placed in or on it and no 

inspections for UAS have been certified by FAA at the present time. However, as a condition to the 

grant of the exemption, AMK Services is willing to keep records and log books of all maintenance 

and repairs.

3.1.3 14 C.F.R. 45

3.1.3.1 45.21: General

AMK Services requests an exemption from 14 C.F.R. 45.21. This part provides that except as 

provided in § 45.22, no person may operate a U.S.-registered aircraft unless that aircraft displays 

nationality and registration marks in accordance with the requirements of this section and §§ 45.23 

through 45.33. There are no current procedures for obtaining a registration mark for UAS by the 

FAA.

However, as a condition to the grant of the exemption, AMK Services is willing to be assigned a 

registration number and to display it where practicable as addressed in this Request and Application 

for Exemptions relative to Parts 45.23, 45.27, and 45.29, below.

3.1.3.2 45.23 (b): Marking of the Aircraft

AMK Services requests an exemption from 14 C.F.R. 45.23(b). This regulation requires: When 

marks include only the Roman capital letter "N" and the registration number is displayed on limited, 

restricted or light-sport category aircraft or experimental or provisionally certificated aircraft, the 

operator must also display on that aircraft near each entrance to the cabin, cockpit, or pilot station, in 

letters not less than 2 inches nor more than 6 inches high, the words "limited," "restricted," "lightsport," "experimental," or "provisional," as applicable.

Even though the UAS will have no airworthiness certificate, AMK Services requests an exemption 

from this requirement since the Phantom will have no entrance to the cabin (no cabin), cockpit (no 

cockpit), or pilot station on which the word “Experimental” or such other required description can be 

placed. Given the size of the UAS, two-inch lettering will be impossible, AMK Services is willing to 

place the word “Experimental” on the UAS in compliance with § 45.29(f). The equivalent level of 

safety will be provided by having the UAS marked as required by § 45.29(f) where the pilot, observer 

and others working with the UAS will see the identification of the UAS as “Experimental” or such 

other required lettering.

3.1.3.3 45.25: Location of Marks on Fixed-Wing Aircraft

AMK Services requests an exemption from 14 C.F.R. 45.25. The UAS is a multirotor, quadcopter, 

model-sized aircraft and is not a fixed-wing aircraft. Therefore, 14 C.F.R. 45.25 by its terms does not 

apply.

3.1.3.4 45.27: Location of Marks: Nonfixed-Wing Aircraft

AMK Services requests an exemption from 14 C.F.R. 45.27. This part provides that each operator of 

a rotorcraft must display on that rotorcraft horizontally on both surfaces of the cabin, fuselage, boom, 
U.S. Department of Transportation January 19, 2016

Request for Exemption

For use of UAV Page 14

or tail the marks required by § 45.23. The UAS, due to its small size, does not have a cabin, fuselage, 

boom or tail to display the marks required by § 45.23.

3.1.3.5 45.29: Size of Marks

AMK Services requests an exemption from 14 C.F.R. 45.29. This part provides at subpart (3) that the 

registration marks for rotorcraft must be at least 12 inches high. The UAS, due to its small size, does 

not have any surface area large enough to display marks anywhere near 12 inches high. However, as 

a condition to the grant of the exemption, AMK Services is willing to place an aircraft mark on one or

more of the "arms" of the UAS. The size of the marking will be determined by the size of the "arm" 

being used and may be less than one inch in size.

3.1.4 14 C.F.R. 47.3(b)(2): Registration Required

AMK Services requests an exemption from 14 C.F.R. 47.3(b)(2). This part provides: (b) No person 

may operate an aircraft that is eligible for registration under 49 U.S.C. 44101-44104, unless the 

aircraft:

 Has been registered by its owner; [or]

 Is carrying aboard the temporary authorization required by § 47.31(c).

There are no current procedures for obtaining a registration mark for UAS by the FAA. However, as a 

condition to the grant exemption, AMK Services is willing to be assigned a registration number 

provided by FAA and to display it where practicable as addressed in this Request and Application for 

Exemptions relative to Parts 45.23, 45.27, and 45.29, above.

3.1.5 14 C.F.R. 61, Subpart E – Certification: Private Pilots

AMK Services requests an exemption from 14 C.F.R. 61, Subpart E. Section 61, Subpart E describes 

the requirements for issuance of private pilot certificates and the general operating rules for persons 

who hold those certificates and ratings. Because the UAS will not carry a pilot or passengers, the 

proposed operations can achieve the equivalent level of safety of current operations by requiring the 

PIC operating the UAS to have completed a UAS flight training course before flying the UAS (See 

DJI – Phantom Pilot Training Guide, Phantom 2 User Manual, and Courses of Training for

Certification).

Unlike a conventional manned aircraft that carries the pilot and passengers, the UAS is small in size, 

weighs three pounds or less, is remotely controlled, and has no humans on board. The area of 

operation is controlled and restricted, and all flights are planned and coordinated in advance. The 

level of safety exceeds that provided by a single individual holding a commercial pilot’s certificate 

operating a conventional manned aircraft. The risks associated with the operation of the UAS are 

much reduced from the level of risk associated with conventional manned aircraft operations 

contemplated by Part 61. Allowing the Exemptions and special purpose operations of the UAS as 

requested by AMK Services with an operator who has met the requirements of safety and training as 

stated in the DJI – Phantom Training Guide and User Manual. AMK has also completed the 

Scheduled DJI Phantom Training Course, and will have completed the Pilot Training program 

Certificate from The Unmanned Experts Training Academy which exceeds the present level of safety 

prescribed by 14 C.F.R. § 61.113 (a) and (b). Additionally, in the interim, AMK Services has on staff 

a fully licensed Commercial pilot. His license and information is presented in Exhibit “E”
U.S. Department of Transportation January 19, 2016

Request for Exemption

For use of UAV Page 15

3.1.6 14 C.F.R. 91

 See DJI – Phantom 2 Training Guide, “Exhibit “A” attached hereto.

 See DJI – Phantom 2 User Manual, “Exhibit “B” attached hereto.

 See DJI – Phantom 2 Release Notes Dates Feb 2015l, “Exhibit “C” attached hereto.

 See List of Training Courses from Unmanned Experts, “Exhibit “D” attached hereto;

http://www.unmannedexperts.com/wp-content/uploads/140610-UMEX-Training-CourseBrochure-US.pdf

AMK Services requests an exemption from 14 C.F.R. 91.7(a). The regulation requires that no person 

may operate a civil aircraft unless it is in airworthy condition. Given the small size, light weight, and 

low noise level output of the UAS, the requirements for maintenance, and the use of safety checklists 

prior to each flight, an equivalent level of safety will be provided.

3.1.6.1 91.9(b)(2): Civil Aircraft Flight Manual [in the Aircraft], Marking, and

Placard Requirements

AMK Services requests an exemption from 14 C.F.R. 91.9(b)(2). Section 91.9(b)(2) provides:

No person may operate a U.S.-registered civil aircraft for which an Airplane or Rotorcraft Flight 

Manual is not required by § 21.5 of this chapter, unless there is available in the aircraft a current 

approved Airplane or Rotorcraft Flight Manual, approved manual material, markings, and placards, or 

any combination thereof.

The UAS, given its small size and configuration, has no ability or place to carry such a flight manual 

on the aircraft, not only because there is no pilot on board, but because there is no room or capacity to 

carry such an item on the UAS.

The equivalent level of safety will be maintained by keeping the manufacturer’s Training Guide and 

User Manual at the ground control point where the operator flying the UAS will have immediate 

access to it.

3.1.6.2 91.9(c): Civil Aircraft Flight Manual, Marking, and Placard Requirements

AMK Services requests an exemption from 14 C.F.R. 91.9(c). This part provides: No person may 

operate a U.S.-registered civil aircraft unless that aircraft is identified in accordance with part 45 of 

this chapter.

As stated above, there is no current registration process for UAS; and the UAS, due to its small size, 

does not have room to contain a fireproof placard or to display aircraft marks in a conventional size. 

However, as a condition to the grant of the exemption, AMK Services is willing to affix an aircraft 

mark to one or more of the "arms" of the UAS. The size of the marking will be determined by the 

size of the "arm" being used and may be less than one inch in size.

3.1.6.3 91.103: Preflight Action

AMK Services requests an exemption from 14 C.F.R. 91.103. This regulation requires each

PIC to take certain actions before flight to insure the safety of flight. As FAA approved rotorcraft 

flight manuals will not be provided for the UAS, an exemption is needed. The PIC will take all 

actions following the DJI preflight inspection including reviewing weather, flight battery 

requirements, landing and takeoff distances and aircraft performance data before initiation of flight.
U.S. Department of Transportation January 19, 2016

Request for Exemption

For use of UAV Page 16

3.1.6.4 91.105: Flight Crewmembers at Stations

AMK Services requests an exemption from 14 C.F.R. 91.105. AMK Services requests an exemption 

from 14 C.F.R. 91.105 since this part is not applicable due to the UAS carrying no flight 

crewmembers. However, to achieve an equivalent level of safety, AMK Services will not operate the 

aircraft unless the same PIC is at the controls at all times.

3.1.6.5 91.109: Flight Instruction; Simulated Instrument Flight and Certain Tests

AMK Services requests an exemption from 14 C.F.R. 91.109. Section 91.109 provides that no person 

may operate a civil aircraft (except a manned free balloon) that is being used for flight instruction 

unless that aircraft has fully functioning dual controls. UAS and remotely piloted aircraft, by their 

design, do not have fully functional dual controls. Flight control is accomplished through the use of a 

control box that communicates with the aircraft via radio communications. The FAA has approved 

exemptions for flight training without fully functional dual controls for a number of aircraft and for 

flight instruction in experimental aircraft. The equivalent level of safety is provided because the UAS 

will not carry pilots or passengers, and relevant landowners will have prior notice of each flight.

3.1.6.6 91.113(b): Right-of-Way Rules

AMK Services requests an exemption from 14 C.F.R. 91.113(b) to the extent that it applies to 

overhead aircraft operating at or above 500 feet above ground level as the UAS will be operating no 

higher than 400 feet above ground level. This part provides:

 General. When weather conditions permit, regardless of whether an operation is conducted 

under instrument flight rules or visual flight rules, vigilance shall be maintained by each 

person operating an aircraft so as to see and avoid other aircraft. When a rule of this section 

gives another aircraft the right-of-way, the pilot shall give way to that aircraft and may not 

pass over, under, or ahead of it unless well clear.

For example, if another aircraft is operating overhead at 10,000 feet above ground level, there is no 

danger posed to that other aircraft if the UAS is operating beneath 400 feet above ground level. 

However, as a condition to the approval of exemption, AMK Services will operate its UAS to see and 

avoid and give way to other aircraft that should enter airspace at or below 400 feet above ground 

level.

3.1.6.7 91.119: Minimum Safe Altitudes

AMK Services requests an exemption from 14 C.F.R. 91.119. Section 91.119 establishes safe 

altitudes for operation of civil aircraft. Section 91.119(c) prevents flying an aircraft at an altitude of 

less than 500 feet or operating an aircraft closer than 500 feet to any person, vessel, vehicle, or 

structure. As this exemption requests authority to operate at altitudes up to 400 feet, an exemption is 

needed to allow such operations. As set forth herein, the UAS will never operate at higher than 400 

feet above ground level. It will however be operated in a remote area on private property with the 

landowner’s consent.

The equivalent level of safety will be achieved given the size, weight, limited speed of the UAS as 

well as the remote location where it is operated. No flight will be taken without the permission of the 

landowner or local officials. Because of the advance notice given to the landowner, all affected 

individuals will be aware of the planned flight. Compared to flight operations with aircraft or 

rotorcraft weighing far more than the three pounds proposed herein and the lack of flammable fuel on 
U.S. Department of Transportation January 19, 2016

Request for Exemption

For use of UAV Page 17

the UAS, any risk associated with the UAS operations is far less than those presently presented with 

conventional aircraft operating at or below 500 feet above ground level for environmental monitoring. 

In addition, the low-altitude operations of the UAS will ensure separation between these small-UAS 

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

3.1.6.8 91.121: Altimeter Settings

AMK Services requests an exemption from 14 C.F.R. 91.121. This regulation requires each person 

operating an aircraft to maintain cruising altitude by reference to an altimeter that is set “. . .to the 

elevation of the 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 is 

requested. An equivalent level of safety will be achieved by the operator confirming the altitude of 

the launch site shown on the GPS altitude indicator before flight as well as the operator receiving live 

feedback information about the UAS, including the height of the UAS, its forward velocity, and 

compass heading. The operator will be able to observe and control the maximum height of the UAS. 

Additionally, the UAS will be operated within the line of sight of the PIC.

3.1.6.9 91.151(a): Fuel Requirements for Flight in Visual Flight Rules (“VFR”) 

Conditions

AMK Services requests an exemption from 14 C.F.R. 91.151(a). Section 91.151(a) prohibits an 

individual from beginning “a flight in an airplane under visual flight rules 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:

 During the day, to fly after that for at least 30 minutes; or

 At night, to fly after that for at least 45 minutes.”

The battery powering the UAS provides approximately 25 minutes of powered flight making it 

impossible to meet the 30 minute reserve requirement in 14 C.F.R. §91.151. Given the limitations on 

the UAS’s proposed flight area and the location of its proposed operations within a predetermined and 

remote area, a lower minimum battery power requirement in daylight or night VFR conditions is 

reasonable. AMK Services believes that an equivalent level of safety can be achieved by limiting 

flights to 25 minutes or 25 percent of battery power, whichever happens first. This restriction would 

be more than adequate to return the UAS to its planned landing zone from anywhere in its limited and 

remote operating area.

3.1.6.1091.203(a) & (b): Carrying Civil Aircraft Certification and Registration

AMK Services requests an exemption from 14 C.F.R. 91.203 (a) and(b). The regulation provides in 

pertinent part:

Except as provided in § 91.715, no person may operate a civil aircraft unless it has within it the 

following:

 An appropriate and current airworthiness certificate. . . .

 No person may operate a civil aircraft unless the airworthiness certificate required by 

paragraph (a) of this section or a special flight authorization issued under § 91.715 is 

displayed at the cabin or cockpit entrance so that it is legible to passengers or crew.
U.S. Department of Transportation January 19, 2016

Request for Exemption

For use of UAV Page 18

The UAS fully loaded weighs less than 3 pounds and is operated without an onboard pilot. As such, 

there is no ability or place to carry certification and registration documents or to display them on the 

UAS. An equivalent level of safety will be achieved by keeping these documents at the ground 

control point where the pilot flying the UAS will have immediate access to them, to the extent they 

are applicable to the UAS.

3.1.6.1191.215: ATC Transponder and Altitude Reporting Equipment and Use

AMK Services requests an exemption from 14 C.F.R. 91.215. This section requires that installed Air 

Traffic Control (“ATC”) transponder equipment must meet specific performance and environmental 

requirements, and aircraft must be equipped with an operable coded radar beacon transponder.

There are presently no known commercially available ATC transponders that meet the payload 

requirements of a small UAS and are available at reasonable cost. However, because the UAS used 

by AMK Services will not be flying into or near airports, and will fly no higher than 400 feet above 

ground level, there is very low risk of collision with any manned aircraft. In addition, because there 

will be no need to have contemporaneous communication with Air Traffic Control, due to the short 

distances, short flight times, and restricted altitude the UAS will operate within, AMK Services

requests an exemption from this section. Additionally, the UAS is too small to contain ATC 

transponder equipment in any form that is known to be available commercially.

3.1.6.1291.405 (a) & (d); 407 (a)(1); 409 (a)(2); 417(a) & (b): Maintenance 

Inspections

AMK Services requests an exemption from 14 C.F.R. 91.405 (a) and (d); 407 (a)(1), 409(a)(2), and 

417 (a) and (b). These regulations require 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 . . .,” and others shall inspect or maintain the 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 AMK Services. Maintenance will be accomplished by the operator 

pursuant to the manufacturer’s Phantom 2 User Manual and Phantom Pilot Training Guide. An 

equivalent level of safety will be achieved because these small UAS are very limited in size and will 

carry a small camera and operate only in remote and restricted areas for limited periods of time. If 

mechanical issues arise, the UAS can land immediately and will be operating from no higher than 400 

feet above ground level. The operator will ensure that the UAS is in working order prior to initiating 

flight, perform required maintenance, and keep a log of any maintenance performed. Moreover, the 

operator is the person most familiar with the UAS and best suited to maintain the UAS in an 

airworthy condition to provide the equivalent level of safety.

3.1.7 Summary for the Federal Register

The following summary is provided for publication in the Federal Register in accord with 14

C.F.R. Part 11:

AMK Services requests exemptions from the following rules:

14 C.F.R. 21, Subpart H; 14 C.F.R. § 43.7; 14 C.F.R. § 43.11; 14 C.F.R. §

45.21; 14 C.F.R. § 45.23(b); 14 C.F.R. §45.25; 14 C.F.R. § 45.27; 14

C.F.R. § 45.29; 14 C.F.R. § 47.3(b)(2); 14 C.F.R. § 61, Subpart E; 14 C.F.R.
U.S. Department of Transportation January 19, 2016

Request for Exemption

For use of UAV Page 19

§ 91.7(a); 14 C.F.R. § 91.9(b)(2); 14 C.F.R. § 91.9(c); 14 C.F.R. § 91.103;

14 C.F.R. § 91.105; 14 C.F.R. § 91.109; 14 C.F.R. § 91.113(b); 14 C.F.R.

§ 91.119; 14 C.F.R. § 91.121; 14 C.F.R. § 91.151(a); 14 C.F.R. § 91.203; 14

C.F.R. § 91.215; 14 C.F.R. § 91.405(a) and (d); 14 C.F.R. § 91.407(a)(1); 14

C.F.R. § 91.409(a)(2); 14 C.F.R. § 417(a) and (b)

To operate commercially a small unmanned aircraft vehicle (three pounds or less) to monitor, map, 

aerially photograph, survey and perform usual inspections by air of Communications Towers, 

Pipelines and other structures maintained and monitored by AMK Services.

Allowing small UAS to be used for monitoring and inspection purposes enhances safety by 

eliminating risks associated with conventional surveillance operations, which traditionally use larger 

manned aircraft and must operate at low altitudes, weigh thousands of pounds, and carry large 

amounts of fuel. Approval of the Exemptions, in contrast, would allow a battery operated small UAS 

weighing less than three pounds and no human passengers to complete the same job with virtually no 

risk. Under these conditions, the Phantom will provide an equivalent, if not higher, level of safety in 

the environmental surveillance field, which supports the grant of this Request and Application for 

Exemptions.

4.Privacy

All flights will occur over private or controlled access property with the landowner’s, local 

municipalities and DOT representatives prior consent and knowledge. No attempt will be made to 

identify any individuals filmed during the flights except in cases where those persons are conducting 

unauthorized activities, are trespassing upon the AMK Services conservation easement lands, or are 

damaging any towers or resources under the management responsibility of AMK Services, or 

interfering with any of AMK Services’ inspection or monitoring operations.

5.Conclusion

Satisfaction of the criteria provided in Section 333 of the Reform Act of 2012 – size, weight, speed, 

operating capabilities, proximity to airports and populated areas, operation within visual line of sight, 

and national security – provide more than adequate justification for the grant of the requested 

Exemptions allowing AMK Services to use the Phantom for and during the management, research, 

and educational operations of AMK Services.
U.S. Department of Transportation January 19, 2016

Request for Exemption

For use of UAV Page 20

6.Exhibits Enclosed

6.1 Exhibit A - DJI – Phantom 2 User Training Guide

6.2 Exhibit B - DJI – Phantom 2 User Manual

6.3 Exhibit C - DJI-Phantom 2 Release Notes Dated 

Feb 2015

6.4 Exhibit D - Training Course Materials from 

Unmanned Experts Training Facility

6.5 Exhibit E - License and Pilot Information for

Robert Bailey. Pilot for AMK Services