KNICHE FILMS Kele Stanley

3930 Tacoma St Springfield, Ohio 45503 knichefilms@gmail.com (937)605

- 1748

March 7, 2016

Attention: U.S. Department of Transportation Docket Management System 1200 New Jersey Ave., SE Washington DC, 20590

Re: Exemption Request Pursuant to Section 333 of the FAA Modernization Reform Act and Part 11 of the Federal Aviation Regulations from: 14 CFR 21 Subpart H; 14 CFR § 91.203 (a) (1); 14 CFR § 45.23 (b); 14 CFR § 61.113(a); 14 CFR § 91.7(a); 14 CFR § 91.119; 14 CFR §

91.1 21; 14 CFR § 91.151(a); 14 CFR § 91.405(a); 14 CFR § 91.407(a)(1); 14 CFR § 91.409(a)(1); 14 CFR § 91.409(a)(2); 14 CFR § 91.417(a) and 14 CFR § 91.417(b).

Dear Administrator:

Pursuant to Section 333 of the FAA Modernization and Reform Act of 2012 and 14 C FR Pa rt 11, Kele Stanley, Owner at Kniche Films , holder of an FAA Airplane Single

- Engine Land LS Certificate and operator of an Unmanned Aircraft System (UAS) herby applies for an exemption from the listed Federal Aviation Regulations to allow commercial o peration of its UAS so long as such operations are conducted within and under the conditions outlined herein or as may be established by the FAA as required by Section 333.

Commercial operation of an UAS, as described herein, which are equipped with camera (s) and sensors would conduct the following operations:

• Aerial inspection/videography/photography of residential or commercial structures under contract with the owners or local authorities. Structures may include buildings, infrastructure, infrastructure components, construction sites and other facilities.

• Aerial videography/photography for public and/or private use including real estate, engineering, land surveying, agriculture or other related professional activities.

• Aerial videography/photography for public or private use including television, news events and broadcasts, public events and cinematography.

• Aerial inspection/video/photography/live video feeds for assistance in search and rescue operations in cases of an emergency or natural disaster at th e request of local authorities or government agencies whom have requested it by contract or donation.

As described below, the requested exemption would permit the operation of a UAS under controlled conditions within the National Airspace System (NAS) that would be a) limited b) controlled c) predetermined and d) will provide safety enhancements to the already safe operations in the industry presently using conventional aircraft. Approval of this exemption would 

### thereby enhance safety and fulfill the Secret ary of Transportation’s (the FAA Administrator’s) responsibilities to “establish requirements for t he safe operation of such aircraft systems in the 

### National Airspace System”.U.S. Department of Transportation March 7, 2016 Page 2

Applicant Name and Address:

KNICHE FILMS Kele Stanley
3930 Tacoma St Springfield, Ohio 45503 knichefilms@gmail.com

The applicant holds an FAA issued ASEL

– Light Sport Certificate with a current Class 3 Medical Certificate. With over 50 flight hours in GA aircraft, the application is very knowledgeable of operations within the NAS and FAR’s governing aircraft operations. Further, the applicant is keenly focused on safe operations and has a clear understanding of the safety concerns involved with UAS technology and the po tential for conflict with traditional aircraft. The applicant has over 500 hours of flying time with UAS vehicles and all UAS operations will be conducted pursuant to requirements defined by the 333 exemption.

Exemption from the following regulations is requested:

14 CFR 21 Subpart H and 14 CFR § 91.203 (a) (1)
14 CFR § 45.23 (b) 14 CFR § 61.113 (a) 14 CFR § 91.7 (a) 14 CFR § 91.119 14 CFR § 91.121 14 CFR § 91.151 (a) 14 CFR § 91.405 (a)

14 CFR § 91.407 (a) (1) 14 CFR § 91.409 (a) (1) and (2) 14 CFR § 91 417 (a) and (b)

KNICHE FILMS will operate the following UAS vehicles under this exemption:

DJI Phantom 3 The DJI Phantom 3 is a quadcopter weighing 1280 g or approximately 3 lbs. It mea sures 330 mm or approximately 13 ” measured diagonally from propeller tip to tip. The maximum vertical speed is 5 meters per second (11 mph) and the maximum horizontal speed is 16 meters per second (36 mph). The Phantom 3 is powered by a 4480 mAh Lipo batte ry with a maximum flight time of approximately 23 minutes. It is controlled by a Remote Controller with an unobstructed range of 2,000 meters (6,500 feet). All radio transmission equipment complies with part 15 of the FCC

rules.

The Phantom 3 supports ge ofence technology that restricts flight areas, preventing flight within

critical areas of the NAS. It also features an ‘Auto

- Return Home’ feature, enabling the aircraft to automatically return to the point of departure upon command. An additional ‘Failsafe ’ capability is including, causing the Phantom to automatically return to the point of departure if communications with the Remote Controller is lost or if the battery power is running low.

DJI Inspire The DJI Inspire is a quadcopter weighing 2935 g or approximately 7 lbs. It measures 581 mm or approximately 23” diagonally. The maximum vertical speed is 5 meters per second (11 mph) and the maximum horizontal speed is 22 meters per second (49 mph). The Inspire 1 is powered by a

4500 mA h Lipo battery with a maximum flight time of 18 minutes. It is controlled by a Remote Controller with an unobstructed range of 2 km (6,500 feet). All radio transmission equipment complies with part 15 of the FCC rules. The Inspire supports geofence technol ogy that restricts flight areas, preventing flight within critical areas of the NAS. It also features an ‘Auto Return Home’ capability, enabling the UAS to automatically return to the point of departure uponU.S. Department of Transportation March 7, 201 6 Page 3

command. Additionally, a ‘Failsafe’ capability is built in, causing the Inspire to automatically return to the point of departure if communications with the Remote Controller is lost or if the battery power is running low.

DJI S900

The DJI S900 is a hexacopter weighing 7000 g or approximately 15 lbs. It measures 900 mm or approximately 36” diagonally. The maximum vertical speed is 7 meters per second (15 mph) and the maximum horizontal speed is 18 meters per second (40 mph). The S900 is powered b y a 20000 mAh Lipo battery with a maximum flight time of 26 minutes. It is controlled by a Remote Controller with an unobstructed range of 2 km (6,500 feet). All radio transmission equipment complies with part 15 of the FCC rules. The S900 supports geofenc e technology that restricts flight areas, preventing flight within critical areas of the NAS. It also features an ‘Auto Return Home’ capability, enabling the UAS to automatically return to the point of departure upon command. Additionally, a ‘Failsafe’ cap ability is built in, causing the Inspire to automatically return to the point of departure if communications with the Remote Controller is lost or if the battery power is running low.

DJI S1000

The DJI S 1000 is an octocopter weighing 8000 g or approximately 18 lbs. It measures 1000 mm or approximately 39 ” diagonally. The maximum vertical speed is 7 meters per second (15 mph) and the maximum horizontal speed is 18 me ters per second (40 mph). The S10 00 is powered by

a 20000 mAh Lipo battery with a maximum flight time of 24 minutes. It is controlled by a Remote Controller with an unobstructed range of 2 km (6,500 feet). All radio transmission equipment complies with part 15 of the FCC rules. The S10 00 supports geofence technology that restricts flight areas, preventing flight within critical areas of the NAS. It also features an ‘Auto Return Home’ capability, enabling the UAS to automatically return to the point of departure upon command. Additionally, a ‘Failsafe’ capability is b uilt in, causing the Inspire to automatically return to the point of departure if communications with the Remote Controller is lost or if the battery power is running low.

DJI Matrice 100

The DJI Matrice 10 0 is a quadcopter weighing 3400 g or approximate ly 7 lbs. It measures 650 mm or approximately 25” diagonally. The maximum vertical speed is 5 meters per second (11 mph) and the maximum horizontal speed is 22 meters per second (49 mph). The Matrice 100 is powered by dual 4800 mAh Lipo battery with a maxi mum flight time of 40 minutes. It is controlled by a Remote Controller with an unobstructed range of 2 km (6,500 feet). All radio transmission equipment complies with part 15 of the FCC rules. The Matrice 100 supports geofence technology that restricts fli ght areas, preventing flight within critical areas of the NAS. It has visual position and obstacle avoidance sensors. It also features an ‘Auto Return Home’ capability, enabling the UAS to automatically return to the point of departure upon command.

Addi tionally, a ‘Failsafe’ capability is built in, causing the Inspire to automatically return to the point of departure if communications with the Remote Controller is lost or if the battery power is running low.

See Also Attached Documents : Exhibit B : Kniche Films Flight Operations Manual

Exhibit C : K niche Films Pre

- flight Checklit

Exhibit D:

DJI Phantom 3 Manual DJI Inspire 1 Manual

DJI S900 Manual

DJI S1000 Manual

DJI Matrice 100 ManualU.S. Department of Transportation March 7, 2016 Page 4

Manuals for all UAS have been a ttached.

The applicant will conduct all UAS operations within ‘line of sight’ such as to never loose visual

contact with the UAS and operated within a closed off and predetermined area owned and or operated by the property representative. Further, the applicant will use a Visual Observer during all UAS operations. The Visual Observer will monitor safety and potential conflicts during operations and be in constant voice contact with the pilot.

Given the small size of the UAS and the controlled environment provided, the proposed operations adhere to the Reform Act’s safety requirements. Approval of this application presents

no nat ional security issues. Regarding the level of safety surrounding the proposed operations and the public benefit, reduction in environmental impacts, including but not limited to reduced emissions and noise, the grant of the requested exemption is in the pu blic interest. Accordingly, the applicant requests that the FAA grant the requested exemption with minimum delay.

AIRCRAFT OPERATIONAL LIMITATIONS AND CONDITIONS PROVIDING THE
EQUIVLAENT LEVEL OF SAFETY

To assist the FAA in its safety assessment of the app licants proposed UAS operations, below is a summary of the operational limitations and conditions which the applicant intends to follow to ensure an equivalent or higher level of safety to operations conducted under current regulatory guidelines:

• The UAS w ill weigh less than 55 lbs.

• The UAS will have a maximum horizontal speed of not more than 50 mph.

• All UAS flight operations will be conducted within line of sight of the Pilot in Command (PIC) and/or Visual Observer (VO). The PIC shall hold a Private Pilot’s

license with a current Bi

- annual Flight Review and Medical certificate. The UAS PIC must have a minimum of 20 hours of UAS flight time

• All UAS flight operations will include a minimum crew of the UAS PIC and VO. The VO

shall be able to communicate by voice with the PIC at all times.

• All UAS flight operations will take place under Visual Flight Rules Meteorological Conditions (VMC) only. Flight operations shall be conducted during daylight hours only.

• All UAS flight operations shall be conducted at a height of no more than 400 feet above ground level (AGL).

• The maximum flight time for each flight operation will be 30 minutes. Flight operations will cease when 30% of the battery power remains or 30 minutes of flight time has been achieved, whichever oc curs first.

• A briefing of the flight crew will be conducted prior to the planned UAS operations. All personnel involved in the operations will be present for the briefing.

• The PIC shall have the capability to abort a flight for any reason. Flight operation s will

not be conducted without an active ‘Failsafe’ mode.

• The UAS flight operation shall remain clear of and yield right of way to all manned aviation operations.U.S. Department of Transportation March 7, 2016 Page 5

• The PIC and VO will be trained in the UAS operation and will have received up to date information on the individual UAS to be operated

• Without a COA issuing an exemption, UAS operations shall not occur closer than a 5 mile radius of the geographic center/Airport Reference Point (ARO) of an airport.

• Flight operations over private or controlled

- access property require permission from the property owner/controller or authorized representative. All flight operations shall be
conducted at least 500 feet from all non

- participating pers ons, vessels, vehicles and structures unless barriers or structures are present to sufficiently protect nonparticipating

persons.

• Flight operations shall be entered into a log book with all records available for viewing by governing agencies.

PUBLIC INTERE ST

UAS operations as described above meet or exceed existing standards of safety. Significantly smaller than manned aircraft, UAS vehicles are battery powered, resulting in zero flight emissions with no explosive fuels to ignite or explode causing public s afety hazards. Use of UAS vehicles also significantly reduces the risks to persons caused by manned aerial photography, surveys and inspections. UAS vehicles may also be rapidly deployed for search and rescue and disaster assistance, conducting operations in areas that may otherwise be deemed too hazardous for manned aircraft. The public as a whole will benefit from safer and more cost

- effective services that UAS operations provide.

REQUESTED REGULATORY EXEMPTIONS AND EQUIVLANT LEVEL OF SAFETY

14 CFR Part 21, Subpart H, and 14 CFR § 91.203 (a) (1)



### Subpart H, entitled ‘Airworthiness Certificates’ defines the requirements for issuance of airworthiness certificates as required by 14 CFR § 91.203 (a) (1). Given the small size, weight and limited operating area of UAS to be used by the applicant, an exemption from Part 21, Subpart H meets the requirements of an equivalent level of safety under Part 11 and Section 333

of the Reform Act. The Federal Aviation Act and Section 333 of the Reform Act authorize the

FAA t o exempt aircraft from the requirements for an airworthiness certificate upon consideration of the size, weight, speed, operational capability and proximity to airports and populated areas of the particular UAS. In all cases, an analysis of these criteria demonstrates that a UAS operated

without an airworthiness certificate in the restricted environment and under the conditions proposed, will be at least as safe, if not safer, than conventional aircraft operating with an

airworthiness certificate without th e restrictions and conditions proposed.



### The applicant’s UASs weigh substantially less than 55 pounds, carry no pilot or passenger,

carry no flammable liquid fuels or explosive materials and operate exclusively within secured and designated area. Flight ope rations under this exemption will be controlled and monitored by the PIC and VO, conducted in full compliance with the conditions of this document and any local public safety requirements.

14 CFR § 45.23 (b) Marking of the Aircraft

Applicant requests an ex emption from the provisions of 14 CFR 45.23 (b), which states in part,



### “

... 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 aircraftU.S. Department of Transportation March 7, 2016 Page 6

near each 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 ‘prov isional...” While the UAS will have no airworthiness certificate, an exemption may be required as the UAS will have no entrance to a cabin, cockpit or pilot station in which the word ‘Experimental’ may be placed. Given the size of the UAS, 2 inch lettering is impracticable. The word ‘Experimental’ will be placed on the fuselage in compliance with 45.29 (f). The equivalent level of safety will be provide by having the UAS marked on its fuselage as required by 45.29 (f) in a location where the pilot,

observer and others associated with the UAS operations will see the identification of the UAS as ‘Experimental’

14 CFR § 61.113 (a) Private Pilot Privileges and Limitations: Pilot in Command

Pursuant to 14 CFR § 61.113 (a), no person who holds a private pilot cert ificate 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. The applicant seeks an exemption to the compensation limitation as UAS operations undertaken will not be incidental to business or employment. The risks associated with UAS operations are far less than comparable commercial activities. Further, the PIC of the UAS will be a Private Pilot with a

current BFR a nd valid Medical certificate.

14 CFR § 91.7 (a) Civil Aircraft Airworthiness

91.7(a) states that no person may operate a civil aircraft unless it is in airworthy condition. As there will be no airworthiness certificates issued for the UAS, this exemption s hould be granted as no FAA regulatory standard will exist for determining airworthiness. Given the size of the aircraft and the applicant’s use of the manufacturer’s documentation for maintenance and safety checks, an equivalent level of safety will be pro vided.

14 CFR § 91.119 Minimum Safe Altitudes

The applicant seeks an exemption from the minimum safe altitude requirements of 14 CFR § 91.119. This section defines safe altitudes for operation of civil aircraft. Section 91.119 (d) allows helicopters to be operated at less than the minimums described, provided the person operating the helicopter complies with any route or altitudes prescribed for helicopters by the FAA. To perform the UAS missions contemplated by the applicant, the UAS will normally be

opera ted in close proximity to the infrastructure to be inspected or photographed. Accordingly, due to the nature of these missions, the UAS may at times be less than 500 feet away from structures during the mission and an exemption is therefore requested.

The equivalent level of safety will be achieved given the size, weight and speed of the UAS as well as the location of operation. Proposed UAS flight operations shall require the permission of the property owner/controller or local official. Because of the nee d obtain permission from both the property owner and participants in the activity, all affected individuals will be aware of the planned flight operations. The relative size of the UAS and lack of flammable fuel presents risks far below those presented by conventional aircraft operating at or below 500 feet. Further, UAS operations shall not exceed 400 feet AGL, providing separation between UAS and conventional

aircraft.

14 CFR § 91.121 Altimeter Settings

The applicant seeks an exemption from altimeter sett ing requirements prescribed by 14 CFR § 91.121 which requires a person to maintain altitude by reference to an altimeter that is set to theU.S. Department of Transportation March 7, 2016 Page 7

elevation of the departure airport or barometric pressure. An exemption is required as the UAS does not have a barometric altimeter. Rather, the UAS utilizes GPS derived altitude. The applicant shall ensure the GPS system is operational and active prior to each fli ght operation and shall monitor the altitude displayed, not allowing the UAS to operate above 400 feet.

14 CFR § 91.151 (a) Fuel Requirements for Flight in VFR Conditions

The applicant seeks an exemption from the fuel requirements prescribed by 14 CFR § 91 .151 (a), requiring 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. The UAS is battery powered and able to provide approximately 23 minutes of total f light time. As such, the UAS is not capable of meeting the 30 minute reserve requirement and a longer time frame for flight in daylight VFR conditions is reasonable

Operating the UAS in a tightly controlled area, where only people and property owners who h ave given permission for the operation are allowed, with less than 30 minutes of fuel does not present the type of risks 91.151 (a) was intended to address. With the small size of the UAS and line of sight operations, the applicant believes that an equival ent level of safety may be achieved by limiting flight operations to not less than 30% of the UAS battery power. This provides sufficient reserves to return the UAS to the landing zone from anywhere within the limited operating area.

14 CFR §§ 91.405 (a); 91.407 (a)(1); 91.409 (a)(1) and (2); 91.417 (a) and (b) Maintenance Inspections

The applicant seeks an exemption from the maintenance inspection requirements of 14 CFR §§ 91.405 (a); 91.407 (a)(1); 91.409 (a)(1) and (2); 91.417 (a) and (b). These regulations require 

### that an aircraft operator or owner “shall have that aircraft inspecte d as prescribed in subpart
E of this part and shall between required inspections, except as provide 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.

This section, as well as Part 43, apply only to aircraft with an airworthiness certificate and would not apply to the UAS. An equivalent level of safety will be achieved through maintenance and inspection as defined by the UAS manufacturer and conducted by the applicant. The UAS shallbe thoroughly inspected prior to flight operations and any maintenance activities conducted will be

i 

### n accordance to the manufacturer’s documentation and recorded in a maintenance log for that

UAS. Given the small size of the UAS, limited flight time and restricted flight operations area, the safety risks posed by the UAS are significantly less than that of manned aircraft operating in a

similar environment.

U.S. Department of Transportation

Mar ch 7, 2016 Page 8

CONCLUSION

The applicant requests that the FAA Administrator grant this exemption. Given the foregoing, the applicant’s proposed UAS usage does not pose a hazard to the public or NAS. The satisfaction of criteria provided in Section 333 o f the Reform Act of 2012 provides a level of safety that should be satisfactory to the FAA and general public. In view of the benefits and advantageous to public safety, I respectively submit this Section 333 exemption request for commercial operations of the applicants UAS.

Submitted on March 7, 2016

Kele Stanley dba KNICHE FILMS

3930 Tacoma St Springfield, Ohio 45503