!!!!!! Name and Address of Applicant:

!!!!!!! Corey Ingalls

!!!!!!! Technical Specialist

!!!!!!! NMotion UAS

!!!!!!! 216 N. Mosley ST #210

!!!!!!! Wichita, KS 67202

April 17, 2015

U.S. Department of Transportation 

Docket Management System 

1200 New Jersey Ave, SE 

Washington, DC 20590

RE: Exemption Request under Section 333 of the FAA Modernization and 

Reform Act of 2012 and 14 C.F.R. Part 11

Dear Sir or Madam:

NMotion UAS, LLC (NMotion UAS) located at 216 N Mosley St Suite 210, Wichita, 

KS 67202 and Pursuant to Section 333 of the FAA Modernization and Reform Act 

of 2012 ("FAA Reform Act") and 14 C.F.R. Part 11, respectfully requests 
exemptions from several provisions of the Federal Aviation Regulations ("FAR"), 

specifically Section 333 which authorizes the FAA to determine:

1. If certain 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; and

2. Whether a certificate of waiver, certificate of authorization, or airworthiness 

certification under section 44704 of title 49, United States Code, is required for 

the operation of unmanned aircraft systems identified under paragraph (1).

We are writing to request that NMotion UAS, an owner and operator of small 

unmanned aircraft, be exempted from the Federal Aviation Regulations ("FARs") 

listed below so that NMotion UAS, may operate its small unmanned aircraft 

systems ("UAS") commercially in airspace regulated by the Federal Aviation 

Administration

(“FAA”); as 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.

NMotion UAS has been actively involved in the technical development of UAS 

service applications to provide high definition aerial photography for public safety 

professionals with small, unmanned aircraft and lightweight UAS’s.

The substance of this request is essentially the same as that granted to 

LowCountryRC Docket Number FAA-2014-0803 in that NMotion UAS is 

committed in public safety, as well as, aerial photography and inspection of 

structures.

NMotion UAS has fully equipped each of its small unmanned aircraft for aerial 

photography and video, primarily for use in the public safety sector, including; law 

enforcement, hazmat, search and rescue, fire departments, and any other entity 

considered public safety. While primarily serving public safety, NMotion UAS has 

also equipped their UAV’s for aerial photography and commercial inspections.

NMotion UAS exemption request would permit its operation of lightweight, 

unmanned (remotely controlled in line of sight) UAS's in tightly controlled and 

limited airspace. Predetermined, specifically marked areas of operation, 

sectioned off locations will allow NMotion UAS to operate within current safety 

regulations and new ones being sought. As identified, similar lightweight, remote 

controlled UAS's are legally operated by amateurs with no flight experience, 

safety plan or controls in place to prevent catastrophe.

Granting NMotion UAS's request coheres with the Secretary of Transportation's 

(FAA Administrator's) responsibilities to not only integrate UAS's into the national 
airspace system, but to" ... establish requirements for the safe operation of such 

aircraft systems [UAS's] in the national airspace system" under Section 333 of 

the Reform Act. Further, NMotion UAS will conduct its operations in compliance 

with the protocols described herein or as otherwise established by the FAA.

The Extent of Relief NMotion UAS Seeks and the Reason It Seeks Such Relief:

NMotion UAS submits this application in accordance with the Reform Act, 112 

P.L. 95 §§ 331-334, seeking relief from any currently applicable FAR's operating 

to prevent NMotion UAS contemplated commercial operations, research and 

other flight operations within the national airspace system. The Reform Act in 

Section 332 provides for such integration of civil unmanned aircraft systems into 

our national airspace system as it is in the public's interest to do so. NMotion 

UAS lightweight UAS's meet the definition of "small unmanned aircraft" as 

defined in Section 331 and therefore the integration of NMotion UAS lightweight 

UAS's are expressly contemplated by the Reform Act. NMotion UAS would like to 

operate its lightweight UAS's prior to the time period by which the Reform Act 

requires the FAA to promulgate rules governing such craft. The Reform Act 

guides the Secretary in determining the types of UAS's that may operate 

safely in our national airspace system. Considerations include:

The weight, size, speed and overall capabilities of the UAS; Whether the UAS 

will be operated near airports or populated areas; and, Whether the UAS will be 

operated by line of sight.

112 P.L. 95 § 333 (a). Each of these items mitigates in favor of an exemption for 

NMotion UAS.

NMotion UAS’s aircraft uses multi counter-rotating propellers for extreme 

balance, control and stability. They each weigh less than 55 pounds, including 

camera or other equipment. Each of NMotion UAS’s aircraft small unmanned 

aircraft is designed to primarily hover in place and operate at less than a 50 knot 

maximum speed. They are capable of vertical and horizontal operations but 

operate only within the visual line of sight pilot-in-command (PIC). In addition to 

the PIC, NMotion UAS utilizes a qualified spotter, capable of fully operating the 

aircraft in such that, the PIC would encounter a medical emergency during 

operations.

Utilizing battery power and not combustible fuels, flights generally last between 

fifteen and twenty-five minutes. NMotion UAS will not, under any circumstance, 

operate the aircraft under twenty-five percent battery level. Safety systems in 

place include a failsafe mode that allows NMotion UAS aircraft to return to the 

GPS launch coordinates if communication with the radio control is lost or battery 

level becomes less than twenty five percent. 

NMotion UAS does not operate its UAV's near airports and does not operate 

them near populated areas.
NMotion UAS operation of its small unmanned aircraft will not "create a hazard to 

users of the national airspace system or the public." 112 P.L. 95 § 3 3 3 (b). Given 

the small size and weight of NMotion UAS aircraft, combined with their operation 

of well-controlled areas, NMotion UAS aircrafts fall within Congress's 

contemplated safety zone when it published the Reform Act and the 

corresponding directive to integrate UAS's into the national airspace system. 

NMotion UAS aircraft have an outstanding safety record and do not pose any 

threat to the general public or national security. The FAA has the authority to 

issue the exemption to NMotion UAS pursuant to the Federal Aviation Act, 85 P.L. 

726 (1958), as amended (the “Act").

Commercial and Public Benefits Granting NMotion UAS exemption request 

furthers the public interest. First, Congress has already pronounced that it 

is in the public’s interest to integrate commercially flown UAS's into the national 

airspace system, thus the passing of the Reform Act. Second, NMotion UAS 

conducts research into safe UAS operations every time it flies one of its UAV's. 

Flight data, visual inspections, recorded observations and flight analyses are 

compiled to further enhance current safety protocols. Granting approval of this 

exemption request for NMotion UAS to log more flight time will augment its ability 

to further enhance current safety measures.

Granting the NMotion UAS exemption request considerably furthers the public's 

interest in more ways than currently known. Allowing NMotion UAS to fly within 

the United States allows for improvements in publicly usable technologies or 

advancements in equipment available to law enforcement personnel and first 

responders with state of the art equipment that does not cost the tax payers 

millions.

Reasons Why NMotion UAS Exemption Will Not Adversely Affect Safety Or How 

The Exemption Will Provide a Level of Safety At Least Equal To Existing Rule:

NMotion UAS exemption will not adversely affect safety. Actually, for the many 

reasons stated, permitting NMotion UAS to gain experience and information over 

time will allow NMotion UAS to innovate and implement new and improved safety 

protocols.

NMotion UAS aircraft weigh less than 55 pounds complete with cameras.

NMotion UAS only operates its UAS's below 400 feet;

NMotion UAS UAV's operate for 5-30 minutes per flight;

NMotion UAS lands its UAS's before they reach a threshold 25% battery power;

NMotion UAS pilots operate NMotion UAS aircraft by Visual Line of Sight (VSOL) 

at all times.

NMotion UAS pilots have live video streamed to the ground control station should 

they somehow lose sight of the UAS;
NMotion UAS staffs each flight with a pilot-in-command and spotter capable of 

operating aircraft;

NMotion UAS aircraft have GPS flight modes whereby they return to launch if 

communication with the remote control is lost or battery threshold becomes less 

than 25%;

NMotion UAS actively examines electronic flight data and other sources of 

information to constantly update and enhance safety protocols;

NMotion UAS only operates in secured areas that are strictly controlled, are 

away from airports and populated areas;

NMotion UAS conducts extensive briefings prior to flight, during which safety 

carries primary importance;

NMotion UAS always obtains all necessary permissions and permits prior to 

operation;

NMotion UAS operationally administers a level of safety equal to and even 

greater than existing rules set forth. It is important to note that absent the 

integration of commercial UAS's into our national airspace system, helicopters 

are the primary means of aerial observation. While the safety record of such 

helicopters is incredible, it is far safer to operate a battery powered lightweight 

UAS. First, the potential loss of life is decreased because NMotion UAS aircraft 

carry no people on board and NMotion UAS only operates in areas away from 

major populations. Second, there is no fuel on board NMotion UAS aircraft and 

thus the potential for fire or explosions is highly decreased. Third, the small size 

and acute maneuverability of NMotion UAS aircraft allow the pilot in command to 

avoid hazards. Respectfully, NMotion UAS aircraft have and will always operate 

at and above current safety requirements.

Summary the FAA may publish in the Federal Register:

14 C.F.R. 21 and 14 C.F.R. 91: Airworthiness Certificates, Manuals and the Like. 

14 C.F.R. 21, Subpart H, entitled Airworthiness Certificates, sets forth 

requirements for procurement of necessary airworthiness certificates in relation 

to FAR§ 91.203(a)(l). The size, weight and enclosed operational area of NMotion 

UAS permits exemption from Part 21 because NMotion UAS aircraft meet an 

equivalent level of safety pursuant to Section 3 3 3 of the Reform Act. The FAA is 

authorized to exempt aircraft from the airworthiness certificate requirement under 

both the Act (49 U.S.C. § 44701 (f)) and

A. Section 333 of the Reform Act. Both pieces of legislation permit the FAA to 

exempt UAS's from the airworthiness certificate requirement in consideration of 

the weight, size, speed, maneuverability and proximity to areas such as airports 
and dense populations. NMotion UAS aircraft meet or exceed each of the 

elements.

14 C.F.R. 91.7 (a) prohibits the operation of an aircraft without an airworthiness 

certificate. As no such certificate will be applicable in the form contemplated by 

the FARs, this Regulation is inapplicable.

14 C.F.R. § 91.9 (b) (2) requires an aircraft flight manual in the aircraft. As there 

are no pilots or passengers, and given the size of the UAS's, this Regulation is 

inapplicable. An equivalent level of safety will be achieved by maintaining a 

manual at the flight operations center. The FAA has previously issued 

exemptions to this regulation in Exemption Nos. 8607, 8737, 8738, 9299, 9299A, 

9565, 95658, 10167, 10167A, 10602, 10700 and 32827.

14 C.F.R. § 91.121 regarding altimeter settings is inapplicable insofar as NMotion 

UAS aircraft utilize electronic global positioning systems and internal gyroscopes 

to provide spatial coordination.

14 C.F.R. § 91.203 (a) and (b) provides for the carrying of civil aircraft 

certifications and registrations. They are inapplicable for the same reasons 

described above. The equivalent level of safety will be achieved by maintaining 

such certifications and registrations at the NMotion UAS flight operations center.

B. 14 C.F.R. § 45.23: Marking of the Aircraft.

Applicable Codes of Federal Regulation require aircraft to be marked 

according to certain specifications. NMotion UAS aircraft are, by definition, 

unmanned. They therefore do not have a cabin, cockpit or pilot station on 

which to mark certain words or phrases. Further, two-inch lettering is difficult 

to place on such small aircraft. The FAA has previously issued exemptions 

to this regulation through Exemptions Nos. 8738, 10167, 10167A and 

10700.

C. 14 C.F.R. § 61.113: Private Pilot Privileges and Limitations. PIC

Pursuant to 14 C.F.R. §§ 61.113 (a) & (b), private pilots are limited to noncommercial operations. NMotion UAS can achieve an equivalent level of 

safety as achieved by current Regulations because NMotion UAS aircraft do 

not carry any pilots or passengers. Further, while helpful, a pilot license will 

not ensure unmanned piloting skills, though NMotion UAS pilot vetting and 

training programs (based upon completion of an FAA Approved Ground 

School and a self-administered UAS flight training program and internal 

procedures) will. All Further, the risks attendant to the operation of NMotion 

UAS aircraft is far less than the risk levels inherent in the commercial 

activities outlined in 14 C.F.R. § 61, et seq.

D. 14 C.F.R. 91.119: Minimum Safe Altitudes.

14 C.F.R. § 91.119 prescribes safe altitudes for the operation of civil aircraft. It 

allows Helicopters to be operated at lower altitudes in certain conditions. NMotion 
UAS aircraft will never operate at an altitude greater than 400 AGL. NMotion UAS 

will, however, operate its UAV's in sectioned off areas with security perimeters, 

providing a level of safety at least equivalent to those in relation to minimum safe 

altitudes. Given the size, weight, maneuverability and speed of NMotion UAS 

aircraft, an equivalent level of safety will be achieved. 

E. 14 C.F.R. 91.405 (a); 407 (a) (1); 409 (a) (2); 417(a) & (b): Maintenance 

Inspections. The above-cited Regulations require, amongst other things, aircraft 

owners and operators to "have [the] 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."

These Regulations only apply to aircraft with an airworthiness certificate. They 

will not, therefore, apply to NMotion UAS should its requested exemption be 

granted. NMotion UAS conducts an extensive maintenance program that 

involves regular software updates and constant inspection for assessment of any 

damaged hardware. Therefore, an equivalent level of safety will be achieved. 

NMotion UAS has researched and developed its own designs.

F. Summary

NMotion UAS seeks an exemption from the following Regulations: 14 C.F.R.

21, subpart H; 14 C.P.R. 45.23(b); 14 C.F.R. §§ 61.113 (a) & (b); 14 C.F.R. § 91.7 

(a); 14 C.F.R. § 91.9 (b)(2); 14 C.F.R. § 91.103(b); 14 C.F.R. § 91.109; 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(a) and (b); 

14 C.F.R. § 91.405 (a); 14 C.F.R. § 91.407 (a)(1); 14 C.P.R.§ 91.409 (a)(2); 

14 C.P.R.§ 91.409 (a)(2); and, 14 C.P.R.§§ 91.417 (a) & (b) to commercially operate 

its fleet of small unmanned vehicles and lightweight unmanned aircraft vehicles and 

to conduct its own research and to develop economic platforms for aerial survey, law 

enforcement , first responders, search and rescue. Granting the NMotion UAS 

request for exemption will reduce current risk levels and thereby enhance safety.

Further, NMotion UAS operates at lower altitudes and in controlled airspace. 

NMotion UAS has been analyzing flight data and other information in compiling novel 

safety protocols and the implementation of a flight operations manual that exceeds 

currently accepted means and methods of safe flight. There are no people on board 

NMotion UAS aircraft and therefore the likelihood of death or serious bodily injury is 

significantly limited. NMotion UAS operation of its aircraft, weighing less than 55 

pounds and traveling at speeds lower than 50 knots in cordoned off areas will 

provide at least an equivalent level of safety as that achieved under current FARs.
NMotion UAS respectfully requests that the FAA grant its exemption request without 

delay. The FAA has the authority to issue the exemption sought by NMotion UAS 

pursuant to the Federal Aviation Act, 85 P.L. 726 (1958), as amended (the "Act").

Thank you for the time and consideration of the above Exemption Request. Please 

contact Mr. Corey Ingalls for more information or questions that arise.

Corey Ingalls

Technical Specialist

NMotion UAS, LLC.

216 N Mosley St #210

Wichita, KS 67202

(316) 305-6275

corey@nmotionuas.com