June 16, 2015

Exemption No. 11823

Regulatory Docket No. FAA–2015–1106

Mr. Harrison B. Keller IV

Owner

KellAIR Aerial Solutions, LLC

2206 Holly Pine Circle

Orlando, FL 32820

Dear Mr. Keller:

This letter is to inform you that we have granted your request for exemption. It transmits our 

decision, explains its basis, and gives you the conditions and limitations of the exemption, 

including the date it ends.

By letter dated April 15, 2015, you petitioned the Federal Aviation Administration (FAA) on 

behalf of KellAIR Aerial Solutions, LLC (hereinafter petitioner or operator) for an exemption. 

The petitioner requested to operate an unmanned aircraft system (UAS) to conduct 

commercial and private real estate video and photography, mapping and land surveying, 

construction, forestry, and agriculture inspection.

See Appendix A for the petition submitted to the FAA describing the proposed operations and 

the regulations that the petitioner seeks an exemption.

The FAA has determined that good cause exists for not publishing a summary of the petition 

in the Federal Register because the requested exemption would not set a precedent, and any 

delay in acting on this petition would be detrimental to the petitioner.

Airworthiness Certification

The UAS proposed by the petitioner are the DJI Phantom 2, DJI Phantom 2 Vision+ v3, and 

DJI Phantom 3.
2

The petitioner requested relief from 14 CFR part 21, Certification procedures for products 

and parts, Subpart H—Airworthiness Certificates. In accordance with the statutory criteria 

provided in Section 333 of Public Law 112−95 in reference to 49 U.S.C. § 44704, and in 

consideration of the size, weight, speed, and limited operating area associated with the 

aircraft and its operation, the Secretary of Transportation has determined that this aircraft 

meets the conditions of Section 333. Therefore, the FAA finds that the requested relief from 

14 CFR part 21, Certification procedures for products and parts, Subpart H—Airworthiness 

Certificates, and any associated noise certification and testing requirements of part 36, is 

not necessary.

The Basis for Our Decision

You have requested to use a UAS for aerial data collection1. The FAA has issued grants of 

exemption in circumstances similar in all material respects to those presented in your petition. 

In Grants of Exemption Nos. 11062 to Astraeus Aerial (see Docket No. FAA−2014−0352), 

11109 to Clayco, Inc. (see Docket No. FAA−2014−0507), 11112 to VDOS Global, LLC (see

Docket No. FAA−2014−0382), and 11213 to Aeryon Labs, Inc. (see Docket No. 

FAA−2014−0642), the FAA found that the enhanced safety achieved using an unmanned 

aircraft (UA) with the specifications described by the petitioner and carrying no passengers or 

crew, rather than a manned aircraft of significantly greater proportions, carrying crew in 

addition to flammable fuel, gives the FAA good cause to find that the UAS operation enabled 

by this exemption is in the public interest.

Having reviewed your reasons for requesting an exemption, I find that—

• They are similar in all material respects to relief previously requested in Grant of 

Exemption Nos. 11062, 11109, 11112, and 11213;

• The reasons stated by the FAA for granting Exemption Nos. 11062, 11109, 11112, and 

11213 also apply to the situation you present; and 

• A grant of exemption is in the public interest.

Our Decision

In consideration of the foregoing, I find that a grant of exemption is in the public interest. 

Therefore, pursuant to the authority contained in 49 U.S.C. 106(f), 40113, and 44701, 

delegated to me by the Administrator, KellAIR Aerial Solutions, LLC is granted an 

exemption from 14 CFR §§ 61.23(a) and (c), 61.101(e)(4) and (5), 61.113(a), 61.315(a), 

91.7(a), 91.119(c), 91.121, 91.151(a)(1), 91.405(a), 91.407(a)(1), 91.409(a)(1) and (2), and 

91.417(a) and (b), to the extent necessary to allow the petitioner to operate a UAS to perform 

 

1 Aerial data collection includes any remote sensing and measuring by an instrument(s) aboard the UA. 

Examples include imagery (photography, video, infrared, etc.), electronic measurement (precision surveying, RF 

analysis, etc.), chemical measurement (particulate measurement, etc.), or any other gathering of data by 

instruments aboard the UA.
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aerial data collection. This exemption is subject to the conditions and limitations listed 

below.

Conditions and Limitations

In this grant of exemption, KellAIR Aerial Solutions, LLC is hereafter referred to as 

the operator.

Failure to comply with any of the conditions and limitations of this grant of exemption will be 

grounds for the immediate suspension or rescission of this exemption.

1. Operations authorized by this grant of exemption are limited to the DJI Phantom 2, 

DJI Phantom 2 Vision+ v3, and DJI Phantom 3 when weighing less than 55 pounds 

including payload. Proposed operations of any other aircraft will require a new 

petition or a petition to amend this exemption.

2. Operations for the purpose of closed-set motion picture and television filming are 

not permitted. 

3. The UA may not be operated at a speed exceeding 87 knots (100 miles per hour). The 

exemption holder may use either groundspeed or calibrated airspeed to determine 

compliance with the 87 knot speed restriction. In no case will the UA be operated at 

airspeeds greater than the maximum UA operating airspeed recommended by the 

aircraft manufacturer.

4. The UA must be operated at an altitude of no more than 400 feet above ground level 

(AGL). Altitude must be reported in feet AGL.

5. The UA must be operated within visual line of sight (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 medical certificate or 

U.S. driver’s license.

6. All operations must utilize a visual observer (VO). The UA must be operated within 

the visual line of sight (VLOS) of the PIC and VO at all times. The VO may be used 

to satisfy the VLOS requirement as long as the PIC always maintains VLOS 

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

electronic messaging or texting is not permitted during flight operations. 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 duties 

required of the VO.

7. This exemption and all documents needed to operate the UAS and conduct its 

operations in accordance with the conditions and limitations stated in this grant of 
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exemption, are hereinafter referred to as the operating documents. The operating 

documents must be accessible during UAS operations and made available to the 

Administrator upon request. If a discrepancy exists between the conditions and 

limitations in this exemption and the procedures outlined in the operating documents, 

the conditions and limitations herein take precedence and must be followed. 

Otherwise, the operator must follow the procedures as outlined in its operating 

documents. The operator may update or revise its operating documents. It is the 

operator’s responsibility to track such revisions and present updated and revised 

documents to the Administrator or any law enforcement official upon request. The 

operator must also present updated and revised documents if it petitions for extension 

or amendment to this grant of 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 an amendment to its grant of exemption. The FAA’s 

UAS Integration Office (AFS−80) may be contacted if questions arise regarding 

updates or revisions to the operating documents.

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 prior to conducting further operations under this exemption. 

Functional test flights may only be conducted by a PIC with a VO and must remain at 

least 500 feet from other people. The functional test flight must be conducted in such 

a manner so as to not pose an undue hazard to persons and property.

9. The operator is responsible for maintaining and inspecting the UAS to ensure that it is 

in a condition for safe operation.

10. Prior to each flight, the PIC must conduct a pre-flight inspection and determine the 

UAS is in a condition for safe flight. The pre-flight inspection must account for all 

potential discrepancies, e.g., inoperable components, items, or equipment. 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 for safe flight.

11. The operator must follow the UAS manufacturer’s maintenance, overhaul, 

replacement, inspection, and life limit requirements for the aircraft and 

aircraft components.

12. Each UAS operated under this exemption must comply with all manufacturer 

safety bulletins.

13. Under this grant of exemption, a PIC must hold either an airline transport, 

commercial, private, recreational, or sport pilot certificate. The PIC must also hold a 

current FAA airman medical certificate or a valid U.S. driver’s license issued by a 

state, the District of Columbia, Puerto Rico, a territory, a possession, or the Federal 
5

government. The PIC must 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.

14. The operator may not permit any PIC to operate unless the PIC demonstrates the 

ability to safely operate the UAS in a manner consistent with how the UAS will be 

operated under this exemption, including evasive and emergency maneuvers and 

maintaining appropriate distances from persons, vessels, vehicles and structures. PIC 

qualification flight hours and currency must be logged in a manner consistent with 

14 CFR § 61.51(b). Flights for the purposes of training the operator’s PICs and VOs 

(training, proficiency, and experience-building) and determining the PIC’s ability to 

safely operate the UAS in a manner consistent with how the UAS will be operated 

under this exemption are permitted under the terms of this exemption. However, 

training operations may only be conducted during dedicated training sessions. During 

training, proficiency, and experience-building flights, all persons not essential for 

flight operations are considered nonparticipants, and the PIC must operate the UA 

with appropriate distance from nonparticipants in accordance with 14 CFR § 91.119.

15. UAS operations may not be conducted during night, as defined in 14 CFR § 1.1. All 

operations must be conducted under visual meteorological conditions (VMC). Flights 

under special visual flight rules (SVFR) are not authorized.

16. The UA may not operate within 5 nautical miles of an airport reference point (ARP) as 

denoted in the current FAA Airport/Facility Directory (AFD) or for airports not 

denoted with an ARP, the center of the airport symbol as denoted on the current 

FAA-published aeronautical chart, unless a letter of agreement with that airport’s 

management is obtained or otherwise permitted by a COA issued to the exemption 

holder. The letter of agreement with the airport management must be made available 

to the Administrator or any law enforcement official upon request.

17. The UA may not be operated less than 500 feet below or less than 2,000 feet 

horizontally from a cloud or when visibility is less than 3 statute miles from the PIC.

18. 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.

19. The PIC must abort the flight in the event of unpredicted obstacles or emergencies.

20. The PIC is prohibited from beginning a flight unless (considering wind and forecast 

weather conditions) there is enough available power for the UA to conduct the 

intended operation and to operate after that for at least five minutes or with the reserve 

power recommended by the manufacturer if greater.

21. Air Traffic Organization (ATO) Certificate of Waiver or Authorization (COA). All 

operations shall be conducted in accordance with an ATO-issued COA. The 
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exemption holder may apply for a new or amended COA if it intends to conduct 

operations that cannot be conducted under the terms of the attached COA.

22. All aircraft operated in accordance 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 CFR part 45, Subpart C. Markings must 

be as large as practicable.

23. Documents used by the operator to ensure the safe operation and flight of the UAS and 

any 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 give way to all manned aviation operations and 

activities at all times. 

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

26. All Flight operations must be conducted at least 500 feet from all nonparticipating 

persons, vessels, vehicles, and structures unless:

a. Barriers or structures are present that sufficiently protect nonparticipating persons 

from the UA and/or debris in the event of an accident. The operator must ensure 

that nonparticipating persons remain under such protection. If a situation arises 

where nonparticipating persons leave such protection and are within 500 feet of 

the UA, flight operations must cease immediately in a manner ensuring the safety 

of nonparticipating persons; and

b. The owner/controller of any vessels, vehicles or structures has granted permission 

for operating closer to those objects and the PIC has made a safety assessment of 

the risk of operating closer to those objects and determined that it does not 

present an undue hazard.

The PIC, VO, operator trainees or essential persons are not considered 

nonparticipating persons under this exemption.

27. All operations shall be conducted over private or controlled-access property with 

permission from the property owner/controller or authorized representative. 

Permission from property owner/controller or authorized representative will be 

obtained for each flight to be conducted.

28. Any incident, accident, or flight 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 UAS Integration Office (AFS−80) within 24 hours. Accidents must be 
7

reported to the National Transportation Safety Board (NTSB) per instructions 

contained on the NTSB Web site: www.ntsb.gov.

If this exemption permits operations for the purpose of closed-set motion picture and 

television filming and production, the following additional conditions and limitations apply.

29. The operator must have a motion picture and television operations manual (MPTOM) 

as documented in this grant of exemption.

30. At least 3 days before aerial filming, the operator of the UAS affected by this 

exemption must submit a written Plan of Activities to the local Flight Standards 

District Office (FSDO) with jurisdiction over the area of proposed filming. The 3-day 

notification may be waived with the concurrence of the FSDO. The plan of activities 

must include at least the following:

a. Dates and times for all flights;

b. Name and phone number of the operator for the UAS aerial filming conducted 

under this grant of exemption;

c. Name and phone number of the person responsible for the on-scene operation of 

the UAS;

d. Make, model, and serial or N−Number of UAS to be used;

e. Name and certificate number of UAS PICs involved in the aerial filming;

f. A statement that the operator has obtained permission from property owners 

and/or local officials to conduct the filming production event; the list of those 

who gave permission must be made available to the inspector upon request;

g. Signature of exemption holder or representative; and

h. A description of the flight activity, including maps or diagrams of any area, city, 

town, county, and/or state over which filming will be conducted and the altitudes 

essential to accomplish the operation.

31. Flight operations may be conducted closer than 500 feet from participating persons 

consenting to be involved and necessary for the filming production, as specified in the 

exemption holder’s MPTOM.

Unless otherwise specified in this grant of exemption, the UAS, the UAS PIC, and the UAS 

operations must comply with all applicable parts of 14 CFR including, but not limited to, 

parts 45, 47, 61, and 91.
8

This exemption terminates on June 30, 2017, unless sooner superseded or rescinded.

Sincerely,

John S. Duncan

Director, Flight Standards Service

Enclosures
UNITED STATES OF AMERICA 

DEPARTMENT OF TRANSPORTATION 

DOCKET MANAGEMENT SYSTEM 

1200 NEW JERSEY AVE., SE 

WASHINGTON, DC 

Regulatory Docket No.________________ 

IN THE MATTER OF THE PETITION FOR EXEMPTION OF: 

KellAIR Aerial Solutions, LLC

FOR AN EXEMPTION SEEKING RELIEF FROM THE REQUIREMENTS OF TITLE 14 OF 

THE CODE OF FEDERAL REGULATIONS SECTIONS: Part 21 Subpart H, 45.23 (b), 

61.113(a) &(b), 91.7 (a), 91.103, 91.109 (a), 91.119 (c), 91.121, 91.151 (a), 91.405 

(a), 91.407 (a)(1), 91.409(a)(1) &(a)(2), AND 91.417(a) & (b) CONCERNING 

COMMERCIAL OPERATION OF DJI PHANTOM 2 VISION+ v3, DJI PHANTOM 2 WITH 

ZENMUSE H3-3D GIMBLE MOUNT AND GOPRO HERO 3+ CAMERA, AND DJI 

PHANTOM 3 UNMANNED AIRCRAFT SYSTEMS 

PURSUANT TO SECTION 333 OF 

THE FAA MODERNIZATION AND REFORM ACT OF 2012 

(PUBLIC LAW 112-95) 

Submitted on 

KellAIR Aerial Solutions, LLC 

2206 Holly Pine Cir

Orlando, FL 32820 

(757) 650-7018 
KellAIR Aerial Solutions, LLC 

ATTN: Harrison Keller 

2206 Holly Pine Cir 

Orlando, FL 32820 

(757) 650-7018 

US Department of Transportation 

Docket Management System 

1200 New Jersey Ave., SE 

Washington, DC 20590 

Dear Sir or Madam, 

The above requested exemptions would authorize KellAIR Aerial Solutions, LLC (KAS) to conduct 

commercial operations using the above mentioned Small Unmanned Aerial Systems (sUAS) in 

airspace regulated by the Federal Aviation Administration (FAA). Specific commercial 

applications for which KAS intends to operate include: commercial and private real estate video 

and photography, mapping and land surveying, construction, forestry, and agriculture 

inspection. 

The Reform Act gives the Secretary of Transportation the authority to determine if certain sUAS 

may operate safely in the national airspace system (NAS) before completion of the FAA’s plan 

and rulemaking to integrate sUAS into the NAS. The Reform Act directs the Secretary to 

consider which types of sUAS as a result of their size, weight, speed, operational capability, 

proximity to airports and populated areas, and operation within visual line of sight do not 

create a hazard to users of the national airspace or a threat to national security. If the 

secretary determines that such vehicles may operate safely in the NAS, the Secretary “shall 

establish requirements for the safe operation of such aircraft.”

The granting of this exemption request will provide immediate benefit to agriculture, real 

estate, forestry, and construction industries by authorizing highly controlled sUAS operations 

within class G airspace, at or below 400 feet above ground level (ALG), in line of sight of an FAA 

certified Private Pilot during daylight hours and above controlled privately owned and operated 

property. 

KAS’s sUAS shall weigh less than 10 pounds including payload. They will operate at no more 

than 50 knots and have the capability to hover, and move vertically and horizontally 

simultaneously. 
Operations would be conducted above privately owned and operated properties, with the 

consent of owner/operator. KAS operations will be performed by professional pilots; this will 

insure that the sUAS will “not create a hazard to users of the national airspace system or the 

public.”

The grant of this exemption request is in the public interest, does not create a hazard to users 

of the NAS or the public, or pose a threat to national security. 

In the following pages KAS addresses all areas of concern to include; 

 Equivalent levels of safety 

 Exemptions requested 

KAS appreciates your consideration in this matter. 

Warm Regards, 

Harrison B. Keller IV 

Owner 

KellAIR Aerial Solutions, LLC 
I. Contact Information 

KellAIR Aerial Solutions LLC 

ATTN: Harrison B. Keller IV 

2206 Holly Pine Cir 

Orlando, FL 32820 

(757)650-7018 

hbkeller@gmail.com 

II. The Company 

KellAIR Aerial Solutions was founded in 2015 by its Owner in an effort to provide the Central 

Florida area with unique business opportunities utilizing sUAS technology. sUAS is a much safer 

alternative to aerial imaging than the traditional use of light aircraft in the past. 

KAS Owner/Operator is a current and qualified Airline Transport Pilot with over 4600 hours of 

flying experience. He is currently working for a well-known air carrier as a First Officer on the 

Boeing 747-400 which, while not a sUAS, ensures that he has an intimate knowledge of all types 

of airspace and a close relationship with the FAA along with its rules and regulations. He is, in 

addition, a current and qualified Certified Flight Instructor, Instrument Instructor, and Multi 

Engine Instructor with more than 500 hours of dual instruction given. While none of these 

qualifications have much to do with operating sUASs, they hold within them the knowledge and 

experience to operate safely and the accountability to operate within the requirements and 

guidelines set forth under Section 333. 

KAS Owner/Operator has over 40 hours of sUAS experience in a hobby capacity. 

III. Aircraft & Operations 

Section 333 of the “FAA Modernization and Reform Act of 2012” states:

“... the Secretary of Transportation shall determine if certain unmanned aircraft systems may 

operate safely in the national airspace system... In making the determination under subsection 

(a). the Secretary shall determine, at a minimum – (1) which types of unmanned aircraft 

systems, if any, as a result of their size, weight, speed, operational capability, proximity to 

airports and populated areas, and operation within visual line of sight do not create a hazard to 

users of the national airspace system or the public or pose a threat to national security...”

 Aircraft 
KAS will utilize the DJI Phantom 3 Professional, DJI Phantom 2 with a Zenmuse HD-3D 

gimbal mount with an attached GoPro Hero 3+ camera, and the DJI Phantom 2 Vision + to 

conduct its missions. 

These aircraft have fail safe features to include geo fencing and lost link return home 

capability. DJI is the manufacturer of multirotor sUAS aircraft weighing less than 25lbs and 

has developed technology that will enhance safe sUAS operations within the NAS. 

DJI Phantom 

Model Phantom 3

Weight (Battery Included) 1280g 2.82 lb

Hovering Accuracy Vertical: 10cm 0.3

Horizontal: 1m 3.3 feet

Max Ascent Speed 5 m/s 16.4 feet/s

Max Descent Speed 3 m/s 9.8 feet/s

Max Speed 16 m/s 36

Max Flight Time 23 minutes

Operating Temperature Range -10°C to 40°C

Model Phantom 2 Vision+

Weight (Battery Included) 1242g 2.74lb

Hovering Accuracy Vertical: 0.8m 2.6 feet

Horizontal: 2.5m 8.2 feet

Max Ascent Speed 6 m/s 19.7 feet/s

Max Descent Speed 2 m/s 6.7 feet/s

Max Speed 15 m/s 34

Max Flight Time 25 minutes

Operating Temperature Range 0°C to 40°C

Model Phantom 2 with 

Gimbal and GoPro

Weight (Battery Included) 1242g 2.74lb

Hovering Accuracy Vertical: 0.8m 2.6 feet

Horizontal: 2.5m 8.2 feet

Max Ascent Speed 6 m/s 19.7 feet/s

Max Descent Speed 2 m/s 6.7 feet/s

Max Speed 15 m/s 34
Max Flight Time 25 minutes

Operating Temperature Range 0°C to 40°C

Note: The DJI Phantom 2 is the same type of aircraft as the DJI Phantom 2 Vision +. The only 

difference is the mounting hardware. The two aircraft weigh the same with all attached 

hardware. 

Note: At the time of this request, DJI has not released a user manual for it’s Phantom 3. The 

above specifications are available on the manufacturer website. All training, safety, and 

maintenance procedures are identical to the DJI Phantom 2. The procedures outlined in the 

Phantom 2 user manual will be utilized with all platforms. Once the Phantom 3 manuals are 

available, they will be provided on request. 

 Operations 

A. The sUAS shall not operate within 5 nautical miles of the geographic center of any 

airport as denoted on the 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 as required by the operator’s COA. This letter of 

agreement with the airport management shall be made available to the Administrator 

upon request. 

B. The sUAS will only operate within the lateral boundaries of approved privately owned 

and operated property. An Operations Area within those boundaries will be established 

for each flight. These areas will be free of unnecessary hazards or risks and nonparticipating personnel. 

a. The sUAS shall only operate within a pre-defined Operations Area that shall be 

thoroughly inspected by the PIC for buildings, overhangs, obstacles, wires, poles, 

people, vehicles, sun angle, shadows, glare, reflective surfaces, clouds, smoke, 

and terrain among other potential hazards 

C. Flights shall be conducted under day visual meteorological conditions (VMC). 

a. In addition, the sUAS shall not be operated less than 500 feet below or less than 

2,000 feet horizontally from a cloud or when visibility is less than 3 statute miles 

from the PIC. 

b. SUAS operations shall not be conducted during night, as defined in 14 CFR §1.1. 

c. Flights shall not be conducted under special visual flight rules (SVFR). 

D. Flights shall be operated at an altitude at or below 400 feet AGL. 
E. The PIC shall be prohibited from operating the sUAS from any moving device or vehicle. 

F. The sUAS shall be operated within VLOS of the PIC. 

a. The PIC shall maintain VLOS without the aid of telescopes, cameras or other 

devices. 

b. The PIC will maintain VLOS with their own vision, which includes the use of 

eyeglasses or corrective lenses as specified on the PIC’s medical certificate.

G. The sUAS shall remain clear and yield the right of way to manned operations and 

activities at all times including, but not limited to, ultralight vehicles, parachute 

activities, parasailing activities, hang gliders, etc. 

H. KAS will require the PIC and SO to have successfully completed a qualification process 

which will include ground and flight training, as outlined in the Manufacturer’s 

Operating Manual. 

I. The PIC’s primary responsibility while in flight is the safe operation of the sUAS.

 Permitting 

A. All required permissions and permits shall be obtained from territorial, state, county, or 

city jurisdictions, including local law enforcement, or other appropriate governmental 

agencies. 

B. At least three days before a scheduled mission, KAS shall submit a written plan of 

activities to the local flight standards district office with jurisdiction over the area of the 

proposed flight. The 3-day notification may be waived with the concurrence of the 

FSDO. 

1. The plan of activities shall include at least the following: 

2. Dates and times for all requested flights 

3. Name and phone number of KAS sUAS Flight Operations 

4. Name, certificate, phone number of the PIC responsible 

5. Make, and model of sUAS to be used 

6. Statement from KAS that it will be operating on approved privately owned and 

operated property; the list of those who gave permission shall be made available 

on request. 

7. Description of the flight activity, including maps or diagrams of any area over 

which flights will be conducted, the relationship of that area to any nearby city, 

town, etc., and the altitudes essential to accomplish the operation 

8. Signature of exemption-holder or representative 
C. Documents required under 14 CFR §91.9 and §91.203 shall be readily available to the 

PIC any time the aircraft is in operation. These documents shall be made available to 

the Administrator or any law enforcement official upon request. 

D. KAS shall request a Notice to Airman (NOTAM) not more than 72 hours in advance, but 

not less than 48 hours prior to the operation. 

E. KAS shall obtain the consent of all persons involved in the operation and ensure that 

only consenting persons be allowed within 500 feet of the Operations Area. 

IV. Public Interest 

 The public’s interest is achieved by the safe integration of sUAS into the NAS.

 sUAS can offer a low cost alternative to the traditional methods of aerial video and 

photography taken from fixed wing or rotor aircraft. This opens up financial boundaries for 

consumers to take video, pictures, and inspections of their property. 

 sUAS offers reduced noise and a much smaller environmental impact than traditional 

aircraft. 

 With its light weight and small footprint as well as lack of fuel (in a traditional sense), any 

incident or accident is much less likely to cause damage to persons or property. 

 

V. Regulations- Exemptions Requested 

Pursuant to 14 C.F.R. § 11.81 (e), KAS seeks exemption from the below mentioned regulations 

and provides reason as to why the exemption should be approved based on the level of safety 

at least equal to that of which the rules require. 

14 C.F.R. Part 21 Subpart H - Airworthiness Certificates 

 14 C.F.R. Part 21 Subpart H States: The procedural requirements for the issuance of 

airworthiness certificates as required by 14 C. F. R. § 91 203(a)(l) 

Given the small size of the UAS, the limited operating areas and meticulous procedures defined 

within the training and operations section of this document, an exemption from Part 21 

Subpart H meets the requirements of an equivalent level of safety under Part II and section 333 

of the “Reform Act” with consideration “of size, weight, speed, operation capability, and 

proximity to airports and populated areas of the particular UAS.”
DJI P2 W/ Gimbal and 

GoPro

DJI P2 Vision + DJI Phantom 3

Weight 1242g/2.74lb 1242g/2.74lb 1280g/2.82lb

Speed 15 m/s or 34MPH 15 m/s or 34MPH 15m/s or 36MPH

Power 5200 mAh 3S LiPo Battery 5200 mAh 3S LiPo 

Battery

4480 mAh 4S LiPo Battery

• No operations within one statute mile; Prior notice given to ATC tower/Airport Operator 

within five statute miles. 

• Minimum distance of 250 ft from persons, structures, roads and vehicles not being 

photographed. 

• Operations will be contained within one square mile and all dangers identified and mitigated

before the flight plan is finalized into the GPS flight planning program. 

Note: The FAA has recently set precedence to this regulation within similar given parameters 

and should consider exemption approval on this basis. See exemption approvals for Astraeus 

Aerial, Aerial MOB, HeliVideo Productions. RC Pro Productions. Snaproll Media and Pictorvision. 

14 C.F.R. 45.23(b) - Aircraft Marking and Identification Requirements 

A. 14 C.F.R. § 45.23(b): Markings of the Aircraft: states: 

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,” “light-sport,” ”experimental,” 

or “provisional,” as applicable. 

KAS will ensure compliance with§ 45.29(t) to meet the intent of the regulation by placing the 

word "experimental" on the fuselage of the air vehicle(s). 

NOTE: The FAA has set precedence to this regulation within like given parameters and an 

exemption should be considered and approved on this basis along with previous exemptions: 

Nos. 10700, 10167 and I0/67A. Also. see most recent exemption approvals for Astraeus Aerial. 

Aerial MOB, HeliVideo Productions, RC Pro Productions. Snaproll Media, and Pictorvision for 

further justification of approval. 

14 C.F.R. 61.113 (a)(b) - Private and Pilot Privilege and Limitations

 14 C.F.R. § 61.113: (a) Except as provided in paragraphs (b) through (g) of this section no 

person who holds a private pilot certificate may act as pilot in command of an aircraft 

that is carrying passengers or property for compensation or hire; nor may that person, 
for compensation or hire act as pilot in command of an aircraft. (b) A private pilot may, 

for compensation or hire, 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. 

1. Due to the fact that there are no standards for private or commercial sUAS operations, KAS 

requests to utilize at least private pilots with a third class medical in support of its own operations. 

2. Knowledge of flight characteristics and the Federal Aviation Regulations (FARs), along with the 

ability to physically manipulate the controls of the sUAS are the critical aspects of the requested 

operation. KAS feels this can be accomplished by a private pilot that has specific training on the 

sUAS aircraft and operates in accordance with the KAS sUAS Operating Manual, Federal Aviation 

Regulations, local, state and federal laws. 

3. The risks associated with the operation of a sUAS are so diminished from the level of risk 

associated with commercial aviation operations contemplated by Part 61 when drafted, that allowing 

operations of the sUAS as requested with a private pilot as the PIC exceeds the present level of safety 

achieved by 14 C.F.R. §61.113 (a) & (b). 

4. Equivalent or better safety levels will be achieved as there will be no human beings on board the 

sUAS aircraft. 

5. FAA has authority to waive pilot requirements for commercial operations under 49 U.S.C 

§44701(f). 

14 C.F.R. 91.7(a)- Civil Aircraft Airworthiness 

 14 C.F.R. 91.7(a) States: No person may operate a civil aircraft unless it is in an airworthy 

condition. 

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

inapplicable. In an effort to provide an equivalent level of safety, daily pre and post flight 

inspections will accomplished in accordance with manufactures maintenance manuals(s) and 

guidance. 

NOTE: The FAA has set precedent by previously issuing exemptions for§ 91. 7(a): Exemption Nos. 

8607, 8737, 8738, 9299, 9299A, 9565, 9565B, 10167, 1067A, 10602, 32827, and 10700. Also, 

see most recent exemption approvals for Astraeus Aerial. Aerial MOB, HeliVideo Productions, RC 

Pro Productions. Snaproll Media, and Pictorvision for further justification of approval. 

 

14 C.F.R. 91.103- Preflight Action 

 14C.F.R. 91.103 States: Each pilot in command shall, before beginning a flight, become 

familiar with all available information concerning that flight. This information must 

include- (paragraphs a, b, 1 and 2)

A pre-flight mission brief must be attended by all crew members. This pre-flight mission brief 

will contain weather and all flight information including emergency and abort procedures. A 
signature will be required by all crew members indicating they have received the pre-mission 

brief and have read and NOTAMS or other procedural updates which may have impact to 

standard operating procedures. In addition, the PIC will verify air vehicle is ready for flight by 

coordinating with the maintenance technician during preflight inspection. 

The exemption requested for this section is specifically addressed toward the requirements 

which do not apply to sUAS operations such as runways and air traffic control integration. 

NOTE: As previously stated, air traffic control and airport operator will be notified prior to any 

operations being executed within five statute miles 

NOTE: The FAA has recently set precedence to this regulation within like given parameters and 

an exemption should be approved on this basis. See exemption approvals for Astraeus Aerial. 

Aerial MOB. HeliVideo Productions. RC Pro Productions, Snaproll Media and Pictorvision. 

14 C.F.R. 91.109(a)- Flight Instruction 

 14 C.F.R. 91.109(a) States: 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. 

The majority of sUAS by design are developed with single operational control through the use 

of pre-determined GPS enabled waypoints programmed before or during flight in addition to 

the use of a single hand held transmitter or control station controlled by the PIC. The design 

does not allow for dual controls during flight training and therefore the exemption is requested 

to qualify/certify operators as required by the manufacturer along with specific operations 

training and procedures identified above within section II. 

An equivalent level of safety will be ensured during training operations by utilizing the same 

flight planning process for normal operations. In the flight planning document, all ground 

hazards will be identified and mitigation techniques will be enacted to ensure flights stay 

outside of 250 ft of any improved roads, vehicles, persons or structures. All training operations 

will be conducted within a confined space on private land in-which permission has been 

obtained by land owner prior to the execution of training. 

NOTE: The FAA has set precedent by previously issuing exemptions for§ 91.1 09(a): Exemption 

Nos. 5778K and 9862A. Also, see most recent exemption approvals for Astraeus Aerial, Aerial 

MOB. HeliVideo Productions, RC Pro Product ions. Snaproll Media and Pictorvision for further 

justification of approval. 

14 C.F.R. 91.119 (c) - Minimum Safe Altitudes 

 14 C.F.R. 91.119 (c) States: Except when necessary for takeoff or landing, no person may 

operate an aircraft below the following altitudes: (c) Over other than congested areas. An 

altitude of 500 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. 

1. The sUAS will be operated at or below 400 feet AGL. 

2. KAS shall obtain the consent of all persons involved in the operation and ensure that only 

consenting persons be allowed within 500 feet of the Operations Area. 

3. The sUAS will only operate within the lateral boundaries of approved privately owned and 

operated property. An Operations Area within those boundaries will be established for each 

flight. These areas will be free of unnecessary hazards or risks and non-participating personnel. 

4. Given the size, weight, speed, material, and operation of the sUAS aircraft, equivalent levels 

of safety will be achieved. 

14 C. F. R. 91.121 - Altimeter Settings 

 14 C. F. R. 91.121 - States: Each person operating an aircraft shall maintain the cruising 

altitude or flight level of that aircraft, as the case may be, by reference to an altimeter 

that is set, when operating ... 

1. SUAS will not have a barometric altimeter, and may use a GPS altitude read out indication 

instead, so an exemption may be needed. 

2. An equivalent level of safety will be achieved by the operator as the sUAS uses AGL height 

from its initialization/takeoff point. 

NOTE: The FAA has recently set precedence to I his regulation within like given parameters and 

an exemption should be considered on this basis. See exemption approvals for Astraeus Aerial. 

Aerial MOB, HeliVideo Productions, RC Pro Productions, Snaproll Media and Pictorvision. 

14 C.F.R. 91.151(a)- Fuel Requirements for Flight in VFR Conditions 

 14 C.F.R. 91.151(a) States: No person may begin flight in an airplane 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- (I) 

During the day to fly after that for at least 30 minutes: 

This regulation is written based on the capabilities of a traditional aircraft which have flight 

times of several hours or greater; therefore, with the majority of sUAS which have flight times 

of only an hour or less, this regulation would effectively deny the ability of the air vehicle to 

operate. 
KAS feels an equivalent level of safety can be obtained by terminating the flight prior to the 

following. 

Aircraft Fuel (Battery) Requirements 

DJI Phantom 2 - 25 minutes or 25% whichever occurs first. 

DJI Phantom 3 - 23 minutes or 25% whichever occurs first. 

1. The DJI Phantom 2 and 3 have a second level of safety that is achieved through the 

use of an aircraft battery monitoring system. The aircraft system will alert the operator 

of low battery voltage and return the aircraft to its take off location before battery 

capacity is depleted. 

2. KAS will not operate sUAS at night in accordance with 14 CFR 1.1 

3. An equivalent level of safety will be achieved because these sUAS are limited in size, 

operational purposes of the sUAS, and shall only fly above approved privately owned 

and operated property at or below 400 feet AGL, it does not bear the same risks 

associated with this section’s requirements. 

. 

NOTE: The FAA has set precedent by previously issuing exemptions for§ 91.151 (a): Exemption 

Nos. 10673, 2689F, 5745, and 10808. Also, see most recent exemption approvals for Astraeus 

Aerial. Aerial MOB. HeliVideo Productions. RC Pro Productions. Snaproll Media and Pictorvision 

for further justification of approval. 

14 CFR 91.405 (a) – Maintenance Required 

 14 CFR 91.405 (a) States: Each owner or operator of an aircraft – (a) 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.

This section and Part 43 apply only to aircraft with an airworthiness certificate; therefore these 

sections will not apply. 

In the absence of regulatory provisions dealing with sUAS operation for maintenance required. 

See Manufactures Maintenance Recommendations for maintenance required. 

1. Maintenance will be accomplished by KAS pursuant to the manufacturer’s 

recommendations and sUAS Operating Manual and Inspection Program. 
2. Maintenance, preventive maintenance, rebuilding, and alteration will be successfully 

accomplished by trained personnel only. 

3. KAS will maintain daily of pre and post flight inspections and ensure the aircraft is in a 

flight ready status prior to conducting every mission. 

4. KAS shall only operate its sUAS with all systems functioning per manufactures 

specification in a discrepancy free condition. 

5. These records will be maintained at the principle base for operation for the life of the 

aircraft or as required by Federal Aviation Regulations. 

KAS and the Aircraft Manufacturer (DJI) are the most familiar with the aircraft and best suited 

to maintain the aircraft in an airworthy condition. This maintenance process allows for an 

equivalent level of safety to be achieved due to the limited size, scope and area of operations. 

NOTE: The FAA has recently set precedence to this regulation within like given parameters and 

an exemption should be approved on this basis. See exemption approvals for Astraeus Aerial. 

Aerial MOB, HeliVideo Productions. RC Pro Productions. Snaproll Media and Pictorvision.

14 CFR 91.407 (a) (1) – Operation after Maintenance, Preventive Maintenance, Rebuilding or 

Alteration 

 14 CFR 91.407 (a) (1) States: (a) No person may operate any aircraft that has undergone 

maintenance, preventative maintenance, rebuilding, or alteration unless – (1) It has been 

approved for return to service by a person authorized under §43.7 of this chapter.

This section and Part 43 apply only to aircraft with an airworthiness certificate; therefore these 

sections will not apply. 

In the absence of regulatory provisions dealing with sUAS operation for maintenance required. 

See Manufactures Maintenance Recommendations for maintenance required. 

1. Maintenance will be accomplished by KAS pursuant to the manufacturer’s 

recommendations and sUAS Operating Manual and Inspection Program. 

2. Maintenance, preventive maintenance, rebuilding, and alteration will be successfully 

accomplished by trained personnel only. 

3. Functional test flights will be performed by the PIC when required, the sUAS shall only 

be returned to service when this functional test flight is successfully completed. If a 

mechanical issue arises the sUAS can land safely or be recovered within the Operations 

Area. 
4. KAS shall only operate its sUAS with all systems functioning per manufactures 

specifications in a discrepancy free condition 

5. These records will be maintained at the principle base of operation for the life of the 

aircraft or as required by the Federal Aviation Regulations. 

KAS and the Aircraft Manufacturer (DJI) are the most familiar with the aircraft and best suited 

to maintain the aircraft in an airworthy condition. This maintenance process allows for an 

equivalent level of safety to be achieved due to the limited size, scope and area of operations. 

NOTE: The FAA has recently set precedence to this regulation within like given parameters and 

an exemption should be approved on this basis. See exemption approvals for Astraeus Aerial. 

Aerial MOB, HeliVideo Productions. RC Pro Productions. Snaproll Media and Pictorvision.

14 CFR 91.409 (a) (1) and (2) – Inspections 

 14 CFR 91.409 (a) (1) and (2) States: (a) Except as provided in paragraph (c) of this section, 

no person may operate an aircraft unless, within the preceding 12 calendar months, it has 

had – (1) An annual inspection in accordance with part 43 of this chapter and has been 

approved for return to service by a person authorized by §43.7 of this chapter ; or (2) An 

inspection for the issuance of an airworthiness certificate in accordance with part 21 of this 

chapter.

This section and Part 43 apply only to aircraft with an airworthiness certificate; therefore these 

sections will not apply. 

In the absence of regulatory provisions dealing with sUAS operation for maintenance required. 

See Manufactures Maintenance Recommendations for maintenance required. 

1. Maintenance will be accomplished by KAS pursuant to the manufacturer’s 

recommendations and sUAS Operating Manual and Inspection Program. 

2. Maintenance, preventive maintenance, rebuilding, and alteration will be successfully 

accomplished by trained personnel only. 

3. Functional test flights will be performed by the PIC when required, the sUAS shall only 

be returned to service when this functional test flight is successfully completed. If a 

mechanical issue arises the sUAS can land safely or be recovered within the Operations 

Area. 

4. KAS shall only operate its sUAS with all systems functioning per manufactures 

specifications in a discrepancy free condition 

5. These records will be maintained at the principle base of operation for the life of the 

aircraft or as required by the Federal Aviation Regulations. 
KAS and the Aircraft Manufacturer (DJI) are the most familiar with the aircraft and best suited 

to maintain the aircraft in an airworthy condition. This maintenance process allows for an 

equivalent level of safety to be achieved due to the limited size, scope and area of operations. 

NOTE: The FAA has recently set precedence to this regulation within like given parameters and 

an exemption should be approved on this basis. See exemption approvals for Astraeus Aerial. 

Aerial MOB, HeliVideo Productions. RC Pro Productions. Snaproll Media and Pictorvision.

14 CFR 91.417(a) and (b) – Maintenance Records 

 14 CFR 91.417(a) and (b) States: (a) Except for work performed in accordance with §91.411 

and 91.413, each registered owner or operator shall keep the following records for the 

periods specified in paragraph (b) of this section: 1(i-iii), (2) (i-vi); (b) The owner or operator 

shall retain records for the periods prescribed: (paragraphs 1-3)

1. Maintenance will be accomplished by KAS pursuant to the manufacturer’s 

recommendations. 

2. Maintenance, preventative maintenance, rebuilding, and alteration maintenance record 

keeping will be performed by trained personnel and entered into the respective aircraft 

maintenance log at completion of each event. 

3. These records will be maintained at the principle base for operation for the life of the 

aircraft or as required by the Federal Aviation Regulations. 

4. KAS and the Aircraft Manufacturer (DJI) are the most familiar with the aircraft and best 

suited to maintain the aircraft in an airworthy condition. This maintenance process 

allows for an equivalent level of safety to be achieved due to the limited size, scope and 

area of operations. 

KAS and the Aircraft Manufacturer (DJI) are the most familiar with the aircraft and best suited 

to maintain the aircraft in an airworthy condition. This maintenance process allows for an 

equivalent level of safety to be achieved due to the limited size, scope and area of operations. 

NOTE: The FAA has recently set precedence to this regulation within like given parameters and 

an exemption should be approved on this basis. See exemption approvals for Astraeus Aerial. 

Aerial MOB, HeliVideo Productions. RC Pro Productions. Snaproll Media and Pictorvision.