David	Kugele

90	Memorial	Parkway

Atlantic	Highlands	NJ	07716

(732)-784-7669

dpkugele@gmail.com

I,	David	Kugele am petitioning	the	Federal	Aviation	Administration	(FAA)	for	an	

exemption	to	Section	333	of	the	FAA	Modernization	and	Reform	Act	of	2012	(FMRA)	

and	14	CFR	part	11.	

I desire to	supply	sUAS	aerial	photography	and	videography	to	local	businesses.	The	

exemption would	allow	myself to	operate	commercially	a	sUAS	(small	unmanned	

aircraft	system),	identified	as	a	Horizon	CHROMA	4K with	a	camera	safely	and	

securely	mounted	using	a	mechanical	stabilizer (gimbal) for	the	purpose	of	aerial	

videography	and	photography	for:	

1:	Real	estate

2:	Constructions	site	processes

3:	Landscape	imagery

4:	Insurance	claims	due	to	natural	disasters

5:	Private	and	public	events	while	operated	away	from	the	population

6:	Aerial	mapping

7:	Business	advertising

8:	Cinematography

9:	Search and	Rescue	Operations	

I agree	to	operate	within	the	boundaries	set	forth	by	this	exemption	and	to	provide	

a	professional	and	safe	service	in	the	aerial	photography	and	videography	field.	

The	ability	to	provide	these	services	to	local	businesses	and	individuals	in	our	

community	will	benefit	them	by	opening	up	opportunities	they	otherwise	could	not	

have.	Traditional	methods	of	aerial	photography/videography	are	simply	not	viable	

options	for	the	average	consumer	as	they	are	not	cost	effective	and	involve	great	

risks	to	everyone	involved.	A	sUAS	drone	operation	is	much	more	affordable	&	safer	

to	the	community	and	better	for	the	environment	than	the	traditional	aerial	option

as	it does	not	use	flammable	fuel,	it	does	not	emit	carbon	dioxide, its	small	size,	and	

it	doesn’t	hold	a	pilot	nor	cargo.

The	safe	operation	of	the	sUAS	will	be	the	first	priority	before,	during	and	after	

every	operation,	flight	operator	and	spotter	will	inspect	all	aspects	of	the	drone,	the	

batteries	and	the	controller	to	ensure	safe	and	proper	operation,	before	take	off	the	

internal	GPS	locks	in	coordinates	in	case	the	return	to	home	function	is	enabled.	If	

for	any	reason	these	safety	protocols	fail	or	the	weather	is	not	in	agreement	the	

drone	will	not	be	operated.	
A post	flight	check	will	also	take	place	at	the	change	of	each	battery.	The	Horizon	

CHROMA	4K has	numerous	safety	features	such	as:	

 Failsafe	mode: Engages	the	UAS	to	safely	return	home	and	automatically	

land	should	signal	between	controller	and	UAS	be	interrupted,	return	

home	GPS	point	is	set	before	each	flight	

 Low	battery	alerts: If	the	battery	lowers	to	20%	the	UAS will	alert the

user	and also	utilize	GPS	to	return	home	(starting	GPS	point)	should	

battery	levels	begin	to	reach	a	critical	point.	

 Navigational	Fencing: The	Horizon	CHROMA	4K includes	a	navigational	

fencing feature	in	which	it	will	not	function	if	it	exits	a	preset	geographic	

region	or	altitude.

The	UAS	to	be	used	meets	all	operational	limitations	of	the	Major	Provisions	of	

Proposed	Part	107:	

 The	sUAS	Horizon	CHROMA	4K has	a	weight	of	less	than	3	pounds	making	

it	below	the	55	pound	limit,	a	length	of	18.3	inches	and	a	width	of	18.3

inches,	height	of	7.48 inches,	and	has	a	max	speed	of	20mph	putting	it	far	

below	the	100mph	limit.	

The	UAS	has	readable	markings	to	identify	the	device.	

In	addition	to	the	requirements	already	set	forth	by	C.F.R.	Title	14	and	the	

applicable	FAR,	the	petitioner	will:

a) Only	operate	its	sUAS	in	direct	visual	line	of	sight	of	the	pilot	and	

observer	without	use	of	a visual	aid	other	than	corrective	lenses.	

b) Operate	at	an	altitude	no	greater	than	400	feet	above	ground	level.

c) Operate	with	due	vigilance	and	known practiced	see	and	avoid	scanning	

techniques	to	avoid any	conflicts	with	manned	or	other	UAS	aircraft	that	

may	enter	the	sUAS	operating	area.	The UAS	flight	will	be	immediately	

terminated	if	a	potential	conflict	may	exist.	The	sUAS	will	yield	to	all	

manned aircraft	at	all	times.

d) Operate	over	private	or	public	sites	only	with	prior	permission	from	

property	owner	or owner’s	agent	or	legal authorities	as	allowed	by	law.

e) Terminate	flight	when	any	unsafe	condition	exists.

f) Terminate	flight	when	battery	voltage	drops	to	20%	of	battery	capacity	

or	when	the	low battery	alert	occurs	per	the	Instruction	Manual.

g) Operate	at	a	ground	speed	of	0	to	40 knots	during	on	site	missions;	

current	sUAS	maximum	speed	is	15	knots.

h) Operate	in	accordance	with	the	guidance	and	standards	set	forth	by	the	

sUAS	manufacturer	and the	administrator.

i) Operate	with	a	minimum	crew	for	each	operation	consisting	of	the	PIC	

and	a	visual	observer	in direct	communication	utilizing	appropriate	

verbal, radio	or	cell	phone	as	needed.
j) No	UAS	operations	will	be	conducted	within	5	miles	of	an	airport.

k) Will	not	"create	a	hazard	to	users	of	the	national	airspace	system	or	the	

public."	112	P.L.	95	§	3	3	3	(b)	

All	non-participating	persons	shall	be	a	minimum	of	300	feet	from	the	sUAS.	If	a	

non-participating	person	comes	within	300	feet	of	the	sUAS,	flight	operations	will	

cease.	

All	sUAS	operations	shall	take	place	during	daylight	hours	under	proper	conditions	

equivalent	to	Visual	Flight	Rules	(VFR)	with	the	sUAS	no	more	than	1/2	mile	from	

the	PIC.	

At	no	time	shall	the	sUAS	be	operated	with	missing	or	manufacturer	unapproved	

parts,	or	in	any	condition	that	could	pose	a	hazard	to	any	other	aircraft	or	structure	

or	person	on	the	ground.	

The	requests	of	this	petition	are	similar	to	those	of	Mr.	Jase	W.	Robak,	Mr.	Todd	

Thomas	Drone	Pics,	and	Mr.	Mike	Lloyd	Lloyd	&	Associates,	all	of	whom	have	

received	Section	333	exemptions	for	comparable	aircraft	for	similar	operations.	

Regulations	from	which	the	exemption	is	requested:	

 14	CFR	Part	21

 14	C.F.R.	§	45.23(b)	

 14	CFR	§	61.3

 14	C.F.R.	§	91.7	(a)	

 14	CFR	§	91.9	(b)	(2)

 14	C.F.R.	§	91.103

 14	C.F.R.	§	91.109

 14	C.F.	R.	§	91.119

 14	C.F.R.	§	91.121

 14	CFR	§	91.151	(a)

 14	CFR	§	91.203	(a)	&	(b)	

 14	CFR	§	91.205(b)	

 14	CFR	§	91.215

 14	CFR	§	91.405	(a)	

 14	CFR	§	407	(a)	(1)	

 14	CFR	§	409	(a)	(2)	

 14	CFR	§	417	(a)	&	(b)	

Summary:	

I,	David	Kugele,	am requesting	an	exemption to	Section	333	of	the	FAA	

Modernization	and	Reform	Act	of	2012	(FMRA)	and	14	CFR part	11 for	the	purpose	

of	operating	a	sUAS	to	provide	aerial	videography	and	photography	for	real	estate,	

constructions	site	processes,	landscape	imagery,	insurance	claims	due	to	natural	
disasters,	private	and	public	events	while	operated	away	from	the	population,	aerial	

mapping,	business	advertising,	and	cinematography.	

The	use	of	a	sUAS	will	provide	a	benefit	to	the	general	public	and	serve	the	public	

interest	by	providing	the	service	of	aerial	photographic	images	and	video	to	

numerous	businesses	and	individuals	for	considerably	less	than	the	previously	only	

available	option	of	utilizing	manned	aircraft	at	a	greater	level	of	safety.	With	the	

market	in	high	demand	of	this	service,	I desire	to	provide	this	service	with	safety	

and	quality	in	mind	while	abiding	by	local	and	governmental	laws.	

Appendix	

Section Subject Justification

14	CFR	§	45.23(b)	 Requirement	to	display	

registration	number	on	

vehicle

Insufficient	space	on	

vehicle

14	CFR	Part	21 Aircraft	certification	

requirements	and	

procedures

Designed	for	manned	

aircraft;	not	suitable	for	

commercial-off-the-shelf	

(COTS)	UAS

14	CFR	§	61.3 Requirement	for	pilot	

certificate

Part	61	requirements	

designed	for	manned	

aircraft,	not	UAS;	petition	

describes	training	for	UAS	

operator

14	CFR	§	91.7(a) Airworthiness	

requirement

Designed	for	manned	

aircraft;	not	suitable	for	

COTS	UAS

14	CFR	§	91.9(b)(2) Requirement	for	manual	

to	be	available	in	the	

cockpit

No	person	aboard	to	read	

manual

14	CFR	§	91.103(b) Requirement	for	crew	

members	to	be	onboard

Unmanned	vehicle

14	CFR	§	91.109 Requirement	for	dual	

controls	during	flight	

instruction

No	person	aboard	to	

operate	controls

14	CFR	§	91.119 Minimum	altitudes	for	

safe	flight

Safety	requires	operation	

below	these	altitudes
14	CFR	§	91.121 Altimeter	settings No	person	aboard	to	read	

altimeter

14	CFR	91.151(a) Fuel	requirements Vehicle	does	not	use	fuel

14	CFR	§	91.203(a)&(b) Requirement	for	

registration	and	

airworthiness	certificates	

to	be	onboard

No	person	aboard	to	read	

certificates

14	CFR	§	91.205(b) Cockpit	instruments No	person	aboard	to	read	

instruments