We submit that the combination of the UA's light weight, flight performance 

and ability, fully qualified flight crew and strict operation under the 

guidelines established in 8900.227, and under all of the Restrictions (a) 

through (n) listed above, the FAA can have full confidence that the 

operation will have an equivalent or greater level of safety than manned 

aircraft performing the same mission. And feel this Exemption would be in 

the public’s interest. As with the increase of UAV’S we can help the 

general public with Positive thoughts on the new technology. And educate 

them on safety and good practices. 

We feel that with the Real Estate industry we can promote safe and a 

newer way of enhancing Real Estate sales, and try to bring the economy 

back. As we need responsible people for this new technology and public 

eye. We cannot let the people who disobey the laws on this new 

technology to ruin it for the people who obey the laws. We would like to 

offer the positive side to the general public and the FAA of this new 

technology for the future.

As this is why it would be in the interest of the Public and for the FAA to 

grant my request.

The name and contact information of the applicant are: 

Daniel B. Kirksey

KDKC Photography & Design

PO Box 300174

Escondido, CA 92030

dan@kdkcphotos.com

The regulations from which the exemption is requested are listed below. 

Beside each regulation number is the page of the attached Addendum 

upon which each may be found together with our proposed equivalent level 

of safety for each regulation: 

- 14 CFR Part 21 .................................Addendum Page 1 

- 14 CFR 91.203.................................Addendum Page 1 

- 14 CFR 45.23, 45.29..........................Addendum Page 2

- 14 CFR 91.9....................................Addendum Page 2 
- 14 CFR 61.113, 61.133.......................Addendum Page 2

- 14 CFR 91.109, 91.119, 91.121 .............. Addendum Page 3

- 14 CFR 91.151 .................................Addendum Page 3

- 14 CFR Subpart E (91.401 - 91.417) ......Addendum Page 3-

FAA Policy 8900.227 Paragraph 16(c)(4) and Paragraph 16(e)(1) 

...Addendum 1 

We are prepared to modify or amend any part of this request to satisfy the 

need for an equivalent level of safety. Please contact us at any time if you 

require additional information or clarification. We look forward to working 

with your office.

Regulations from Which Exemption is Requested 

A. Appendix A: Daniel B. Kirksey wishes the same determination to be made as 

has been made previously. 

FAR 

Provision 

Applicable 

condition(s) in 

Section 5 of 

petition 

FAA Exemption Decision 

21(h) 1, 2, 3, 4, 5, 15, 

24, 27, 28, 33 

Nos. 11062, 11063, 11064, 11065, 11066, 11067, 11080, 

11109, 11111, 11110, 11114, 11136, 11138, 11150, 

11153, 11156, 11157, 11166, 11167, 11170, 11171, 

11172, 11174, 11175, 11176, 11177, 11178, 11184, 

11185, 11188, 11189, 11191, 11192, 11193, 11195 

43.7 13, 14 No. 11208 

43.11 12 No. 11208 

45.11 29 No. 11208 

45.27 29 No. 11188 

45.29 29 Nos. 11136, 11157, 11170, 11185, 11193 

91.7(a) 12 

Nos. 11062, 11063, 11064, 11065, 11066, 11067, 11080, 

11109, 11110, 11136, 11138, 11150, 11153, 11156, 

11157, 11158, 11160, 11161, 11166, 11167, 11170, 
11171, 11172, 11174, 11175, 11177, 11178, 11184, 

11185, 11188, 11189, 11191, 11192, 11193, 11195, 

11204 

91.9(b)(2) 22 

Nos. 11062, 11063, 11064, 11065, 11066, 11067, 11080, 

11109, 11110, 11111, 11112, 11114, 11136, 11138, 

11150, 11153, 11156, 11157, 11062, 11063, 11064, 

11065, 11066, 11067, 11080, 11109, 11110, 11111, 

11112, 11114, 11136, 11138, 11150, 11153, 11156, 

11157, 11174, 11177, 11178, 11184, 11185, 11189, 

11192, 11193, 11195 

91.9(c) 30 Nos. 11136, 11170, 11171, 11174, 11185 

91.103(b)(2) 3, 9, 16, 17, 18, 

19, 20, 28 

Nos. 11062, 11063, 11064, 11065, 11066, 11067, 11080, 

11109, 11138, 11150, 11153, 11156, 11158, 11160, 

11161, 11166, 11167, 11171, 11172, 11176, 11177, 

11178, 11184, 11185, 11188, 11188, 11189, 11191, 

11192, 11193, 11195, 11204 

91.105 6 No. 11185 

91.109 7, 8 

Nos. 11062, 11063, 11064, 11065, 11066, 11067, 11080, 

11109, 11110, 11112, 11136, 11138, 11150, 11153, 

11156, 11157, 11166, 11167, 11170, 11171, 11174, 

11177, 11184, 11185, 11189, 11191, 11192, 11193, 

11194, 11195, 11206, 11208 

91.113(b) 3, 31 No. 11238 

14 

FAR 

Provision 

Applicable 

condition(s) in 

Section 5 of 

petition 

FAA Exemption Decision 

91.119(c ) 4, 33 

Nos. 11162, 11163, 11164, 11165, 11166, 111080, 

111109, 11110, 11111, 11112, 11114, 11136, 11138, 

11150, 11153, 11156, 11160 11161, 11166, 11167, 

11170, 11171, 11172, 11174, 11175, 11176, 11178, 

11185, 11188, 11189, 11190, 11193 

91.121 4 

Nos. 11162, 11163, 11164, 11165, 11166, 111080, 

111109, 11136, 11138, 11150, 11153, 11156, 11160 

11161, 11166, 11167, 11170, 11171, 11174, 11176, 

11178, 11185, 11188, 11189, 11190, 11193 

91.151(a) 16, 17 

Nos. 11110, 11153, 11156, 11161; 111109, 11110, 

11112, 11136, 11138, 11150, 11153, 11156, 11160 

11161, 11166, 11167, 11170, 11171, 11172, 11174, 

11175, 11176, 11178, 11185, 11188, 11189, 11190, 

11193 

91.203 (a) 21 Nos. 11062, 11063, 11064, 11065, 11066, 11067, 11080, 
and (b) 11109, 11110, 11111, 11112, 11114, 11136, 11138, 

11150, 11153, 11156, 11157, 11170, 11171, 11172, 

11174, 11176, 11177, 11178, 11184, 11185, 11188, 

11188, 11189, 11191, 11192, 11193, 11195 

91.215 25, 26 No. 11185, 11195 

91.403 12, 13, 14 No. 11185 

91.405(a) 12, 13, 14 

Nos. 11062, 11063, 11064, 11065, 11066, 11067, 11080, 

11109, 11110, 11111, 11112, 11114, 11136, 11138, 

11150, 11153, 11156, 11157, 11158, 11160, 11161, 

11166, 11167, 11170, 11171, 11172, 11174, 11175, 

11176, 11177,11178, 11184, 11185, 11188, 11188, 

11189, 11191, 11192, 11193, 11195, 11204 

91.407(a)(1) 14 

Nos. 11062, 11063, 11064, 11065, 11066, 11067, 11080, 

11109, 11110, 11111, 11112, 11114, 11136, 11138, 

11150, 11153, 11156, 11157, 11158, 11160, 11161, 

11166, 11167, 11170, 11171, 11172, 11174, 11175, 

11176, 11177,11178, 11184, 11185, 11188, 11188, 

11189, 11191, 11192, 11193, 11195, 11204 

91.409(a)(1) 12, 13, 14 

Nos. 11062, 11063, 11064, 11065, 11066, 11067, 11080, 

11109, 11110, 11111, 11112, 11114, 11136, 11138, 

11150, 11153, 11156, 11157, 11158, 11160, 11161, 

11166, 11167, 11170, 11171, 11172, 11174, 11175, 

11176, 11177, 11178, 11184, 11185, 11188, 11188, 

11189,11191, 11192, 11193, 11195, 11204 

91.409(a)(2) 12, 13, 14 

Nos. 11062, 11063, 11064, 11065, 11066, 11067, 11080, 

11109, 11110, 11111, 11112, 11114, 11136, 11138, 

11150, 11153, 11156, 11157, 11158, 11160, 11161, 

11166, 11167, 11170, 11171, 11172, 11174, 11175, 

11176, 11177,11178, 11184, 11185, 11188, 11188, 

11189, 11191, 11192, 11193, 11195, 11204 

15 

FAR 

Provision 

Applicable 

condition(s) in 

Section 5 of 

petition 

FAA Exemption Decision 

91.417(a) 12, 13, 14 

Nos. 11062, 11063, 11064, 11065, 11066, 11067, 11080, 

11109, 11110, 11111, 11112, 11114, 11136, 11138, 11150, 

11153, 11156, 11157, 11158, 11160, 11161, 11166, 11167, 

11170, 11171, 11172, 11174, 11175, 11176, 11177,11178, 

11184, 11185, 11188, 11188, 11189, 11191, 11192, 11193, 

11195, 11204 

91.417(b) 12, 13, 14 Nos. 11062, 11063, 11064, 11065, 11066, 11067, 11080, 

11109, 11110, 11111, 11112, 11114, 11136, 11138, 11150, 
11153, 11156, 11157, 11158, 11160, 11161, 11166, 11167, 

11170, 11171, 11172, 11174, 11175, 11176, 11177,11178, 

11184, 11185, 11188, 11188, 11189, 11191, 11192, 11193, 

11195, 11204 

ADDENDUM EXEMPTION REQUESTS AND EQUIVALENT LEVEL OF

SAFETY 

Daniel B. Kirksey requests an exemption from the following regulations as 

well as any additional regulations that may technically apply to the 

operation of the ME System: 

14 CFR Part 21, Subpart H: Airworthiness CertificatesThis part establishes 

the procedures for the issuance of an airworthiness certificate. While the 

FAA continues to work to develop airworthiness standards for Unmanned 

Aerial Systems, we request an experimental certificate be issued for the 

ME System under either or both of the following provisions: 21.191 

Experimental certificates. 

Experimental certificates are issued for the following purposes: 

(a) Research and development. Testing new aircraft design concepts, new 

aircraft equipment, new aircraft installations, new aircraft operating 

techniques, or new uses for aircraft.(b) Showing compliance with 

regulations. Conducting flight tests and other operations to show 

compliance with the airworthiness regulations including flights to show 

compliance for issuance of type and supplemental type certificates, flights 

to substantiate major design changes, and flights to show compliance with 

the function and reliability requirements of the regulations. Since the 

experimental certificate can be used for commercial purposes such as 

market surveys, sales demonstrations, and customer crew training, we 

would expect that an experimental certificate would permit our commercial 

purpose as well. 

The aircraft will not carry persons or property, will not carry fuel, and will 

only fly under strict operational requirements. Combined with the UA's 

lightweight, being constructed primarily of carbon fiber and plastic, we 

propose that the UA will be at least as safe, if not safer, than a 

conventionally certificated aircraft performing the same mission.

If an experimental airworthiness certificate is not appropriate for this 

application, then we request an exemption of 14 CFR Part 21, Subpart H, 
and the requirement for an airworthiness certificate in general, citing the 

equivalent level of safety outlined in the previous paragraph. 

14 CFR 91.203(a) & (b) Civil aircraft: Certifications required.The regulation 

provides that an airworthiness certificate, with the registration number 

assigned to the aircraft and a registration certificate must be aboard the 

aircraft. Additionally, subparagraph 

(b) provides that the airworthiness certificate be "displayed at the cabin or 

cockpit entrance so that it is legible to passengers or crew."At a maximum 

gross weight of 6.5 pounds, the UA is too small to carry documentation, 

does not have an entrance, and is not capable of carrying passengers or 

crew. To obtain an equivalent level of safety and meet the intent of 91.203, 

we propose that documents deemed appropriate for this aircraft by the 

FAA will be co-located with the crew at the ground control station and 

available for inspection upon request. In order to identify the aircraft, we 

propose that the information found on airworthiness and registration 

certificates be permanently affixed to the aircraft via placard containing the 

following information plus the word "EXPERIMENTAL" to satisfy the 

requirement of 14 CFR 45.23, which follows immediately after the 

proposed placard description below: 

Appendix A

EXPERIMENTAL

Manufacturer: DJI Innovations, Inc. 14th Floor, West Wing, Skyworth 

Semiconductor Design Building, No.18 Gaoxin South 4th Ave, Nanshan District, 

Shenzhen, China, 518057., 

14 CFR 45.23 Display of marks; general and 45.29 Size of marks.These 

regulations provide that each aircraft must display N and the aircraft's 

registration number in letters at least 3 inches high. Additionally, the 

aircraft must display the word EXPERIMENTAL in letters at least 2 inches 

high near the entrance to the cabin, cockpit, or pilot station. The UA does 

not have an entrance in which the word 11EXPERIMENTAL11 can be placed, 

and may not have a registration number assigned to it by the FAA. 
We propose to achieve an equivalent level of safety by including the word 

EXPERIMENTAL in the placard on the top of the aircraft, as shown above, 

where the PIC, VO and others in the vicinity of the aircraft while it is 

preparing for launch will be able to see the designation. Additionally, we 

feel that the permanent placard discussed in the previous paragraph will 

provide the aircraft's registration information at the ground station. Finally, 

we will display at the ground station a high contrast flag or banner that 

contains the words Aircraft Ground Station in letters 3 inches high or 

greater. Since the aircraft will operate within 3/4 NM of the ground station, 

the banner should be visible to anyone that observes the aircraft and 

chooses to investigate its point of origin. 

14 CFR 91.9 Civil aircraft flight manual, marking, and placard requirements.This 

regulation provides that no person may operate an aircraft unless a 

current, approved flight manual is in the aircraft. We assume that the intent 

of this requirement is to ensure that flight manual information is available to 

the aircrew while operating the aircraft. We request an exemption to this 

requirement since the aircraft is not only too small to carry documentation, 

the documentation would not be available to the crew during flight 

operations. 

To obtain an equivalent level of safety and meet the intent of 91.9, we 

propose that a current, approved UA Flight Manual (Appendix A) must be 

available to the crew at the ground station anytime the aircraft is in, or 

preparing for, flight. 

14 CFR 61.113 Private pilot privileges and limitations: Pilot in Command 

and 61.133 Commercial pilot privileges and limitations.The regulation 

provides that no person that holds a private pilot certificate may act as pilot 

in command of an aircraft for compensation or hire. Subparagraph (b) 

allows a private pilot to 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. 

Appendix A to completing the private pilot requirements. Since the aircraft 

cannot carry passengers or property, we feel we meet the intent of 61.113 

Subparagraph (b) even though the intent of this application is to conduct a 

business. 

14 CFR 91.109 Flight Instruction; Simulated instrument flight and certain 

flight testsThe regulation states that 11 No person may operate a civil aircraft 
that is being used for flight instruction unless that aircraft has fully 

functioning dual controls." 

The ME System ground-based control station consists of a small hand-held 

radio transmitter and while it does not offer a second set of 11Controls11will, 

operate the single set of controls simultaneously. With both student and 

instructor having 11 hands-On11 the controls during flight, we feel that this 

technique meets the intent 91.109 and provides an equivalent level of 

safety. 

14 CFR 91.119 Minimum safe altitudes: General.The regulation states that 

over sparsely populated areas the aircraft cannot be operated closer than 

500 feet to any person, vessel, vehicle, or structure. Since the aircraft will

be operating at a maximum of 400 feet AGL, we cannot comply with this 

requirement. 

In order to provide an equivalent level of safety we will only fly over private 

property with a size of at least two acres with the permission of the owner 

of the property flown over. The aircraft will not be operated over congested 

areas or over any open-air assembly of persons. The property owner will 

be briefed on the expected route of flight and the associated risks to 

persons and property on the ground. The aircraft will be operated at a low 

altitude allowing, if a power unit fails, an emergency landing without undue 

hazard to persons or property on the surface. 

Therefore we maintain that due to the small size of the UA, the hazard to 

persons, vehicles and structures is minimal compared to manned aircraft, 

which should be considered in granting the exemption. 

14 CFR 91.121 Altimeter settings.The regulation requires that aircraft shall 

maintain cruising altitudes by reference to an altimeter setting available 

within 100 NM of the aircraft. 

The UA will always fly below 400 feet AGL and will not need to maintain 

cruising altitudes in order to prevent conflict with other aircraft. An Above 

Ground Level altimeter measurement above the takeoff point is transmitted 

via radio from the UA on-board computer to the display screen held by the 

PIC, providing a constantly updated AGL readout. 

14 CFR 91.151 Fuel requirements for flight in VFR conditions.The 

regulation provides that no person may begin a flight in an airplane under 

day-VFR conditions unless there is enough fuel to fly to the first point of 
intended landing and to fly after Therefore we maintain that due to the 

small size of the UA, the hazard to persons, vehicles and structures is 

minimal compared to manned aircraft, which should be considered in 

granting the exemption. 

14 CFR 91.121 Altimeter settings.The regulation requires that aircraft shall 

maintain cruising altitudes by reference to an altimeter setting available 

within 100 NM of the aircraft. 

The UA will always fly below 400 feet AGL and will not need to maintain 

cruising altitudes in order to prevent conflict with other aircraft. An Above 

Ground Level altimeter measurement above the takeoff point is transmitted 

via radio from the UA on-board computer to the display screen held by the 

PIC, providing a constantly updated AGL readout. 

14 CFR 91.151 Fuel requirements for flight in VFR conditions.The 

regulation provides that no person may begin a flight in an airplane under 

day-VFR conditions unless there is enough fuel to fly to the first point of 

intended landing and to fly after 

Therefore we maintain that due to the small size of the UA, the hazard to 

persons, vehicles and structures is minimal compared to manned aircraft, 

which should be considered in granting the exemption. 

14 CFR Subpart E (91.401 - 91.417) - Maintenance, Preventive 

Maintenance, AlterationsThe regulation provides that the operator is 

primarily responsible for maintaining the aircraft in an airworthy condition, 

including compliance with part 39 and 43. Paragraphs 91.407 and 91.409 

require that the aircraft be "approved for return to service by a person 

authorized under 43.7" after maintenance and inspection. 

It is our intention that the PIC perform maintenance and inspection of the 

aircraft and "be authorized to approve the aircraft for return to service." As 

provided in the Pre-Flight Checklist in Appendix A, the PIC will ensure that 

the aircraft is in an airworthy condition prior to every flight and in addition 

conduct detailed inspections after every two hours of flight. Maintenance 

performed by the PIC is limited to repairing small cracks, replacing a 

propeller, checking electrical connections and updating software and 

firmware for the on-board computer. All other maintenance will be 

performed by the manufacturer or their designated repair facility. The PIC 

will document work performed in accordance with 91.417. We feel that due 
to the size, construction, and simplicity of the aircraft, the PIC can ensure 

an equivalent level of safety. 

8900.227 Paragraph 16(c)(4) PIC Medical. and Paragraph 16(e)(1) 

Observer Medical.This policy provides that both the PIC and VO must have 

a valid FAA second-class medical certificate issued under part 67 in order 

to perform as a pilot or observer. The UA maximum gross weight is 6.5 

pounds, it is constructed of carbon fiber and plastic and the PIC is not on 

board. Both the PIC and the VO are required to be in VLOS. Given the 

unlikely event that both the PIC and VO become medically incapacitated 

while the aircraft is in flight, the UA will return autonomously to the site of 

launching and land without crew intervention. 

Therefore, requiring the PIC and VO to meet the same medical 

requirements as a commercial pilot carrying passengers in a large aircraft 

is an unnecessary burden.

We propose that the minimum medical requirements for the PIC and VO 

be vision corrected to 20/20 and a valid, state issued driver's license. The 

20/20 vision requirement will ensure that the PIC and VO can see and 

avoid air traffic; a licensed driver is medically qualified to operate a much 

larger vehicle. 

We ask that If we forgot a particular 14CFR to please include it on our 

behalf and give you permission to correct it.

Sincerely,

Daniel B. Kirksey

KDKC Photography & Design

PO Box 300174

Escondido, CA 92030

dan@kdkcphotos.com