December 5, 2015

Manager, Flight Standards Service

Unmanned Aircraft Systems Integration Office

Federal Aviation Administration

800 Independence Avenue, SW

Washington, DC 20591

U.S. Department of Transportation

Docket Management System

1200 New Jersey Avenue, SE

Washington, DC 20590

KTA Solutions respectfully requests an exemption from several provisions of Title 14 of the Code of

Federal Regulations (C.F.R.) to permit the use of small­unmanned aerial systems (sUAS) for aerial

videography, mapping, evaluation and inspection of infrastructure, resource/land management,

conservation and emergency response. Our request is motivated by the desire to maximize safety during

high­risk and hazardous operations, provide efficient utilization of resources, and safely integrate into

emergency response. While an exemption would not eliminate the need for in­person visual inspections,

surveys and monitoring, it would allow KTA Solutions to evaluate feasibility with sUAS, resulting in a

safer and more efficient work.

Company Profile

KTA Solutions is a Veteran­Owned Small Business was formed in 2015 as a OR­based LLC. Our

company core competencies include providing Unmanned Aerial System (UAS) Field Service

Representatives (FSRs) in support of civilian industry KTA Solutions is a professional aviation

organization with significant experience in UAV operations. As an aggregate,KTA Solutions highly

trained Field Service Representatives (FSR) have accumulated over 3000 hours of experience as Pilot in

Command (PIC) with over 200 UAS launches and recoveries for Group II and higher UAS.

KTA Solutions intends to adopt:

­ 3DR Solo: A “smart” quad copter built by 3dr robotics has multiple features for safe effective flight.

Progressive controls, auto take off and land, return home features which make it a safe and affordable

platform

­ Sense and Fly Exom: a small rotary wing platform with multiple payload options designed for structural

inspections and mapping.

Both UAS are below 55 lbs including payload and are line of sight aircraft. Through the section

333­exemption process the FAA has authorized the use of all UAS for which exemption is requested

herein.
Regulatory Provisions from which KTA Solutions seeks an

Exemption

KTA Solutions believes it may need an exemption from the following provisions to conduct the

contemplated operations. In some instances, relief is needed because relief from another provision renders

compliance with the regulation at hand not feasible.

14 C.F.R. §21.171 through 21.199

14 C.F.R. §45.23(b)

14 C.F.R. §61.113(a) and (b)

14 C.F.R. §91.7(a)

14 C.F.R. §91.9(b)(2)

14 C.F.R. §91.103

14 C.F.R. §91.109(a)

14 C.F.R. §91.119

14 C.F.R. §91.121

14 C.F.R. §91.151

14 C.F.R. §91.203(a) and (b)

14 C.F.R. §91.405(a)

14 C.F.R. §91.407(a)

14 C.F.R. §91.409(a)

KTA Solutions believes an exemption is only needed from the above­listed regulatory provisions. To the

extent that the FAA believes that additional relief is required for KTA Solutions to conduct the operations

described here, we request an exemption from any such regulatory provisions as well.

The Extent of Requested Relief and the Reasons Relief is

Needed

14 C.F.R. §61.113​(a) and (b)

§61.113 Private pilot privileges and limitations: Pilot in command.

(a) Except as provided in paragraphs (b) through (h) 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.

KTA Solutions specially trained employees will conduct the sUAS operations. While these individuals

will have private pilot licenses, they will not hold commercial pilot licenses. The sUAS will not carry

property for compensation or hire since they will be used solely to assist in evaluation and inspections of
public utilities, land, resources, and infrastructure. Without an exemption, the pilot would be required to

hold a commercial pilot certificate under §61.133. However, the risk associated with the contemplated

operations is less than the risk posed by a traditional manned aircraft. The sUAS will fly at altitudes well

below the permissible limits for other civil aircraft, eliminating the risk to other aircraft, and within a

geographical envelope under the sole control of KTA Solutions. Accordingly, the risk would be limited

to KTA Solutions personnel, who will be appropriately outfitted in safety gear. Requiring a commercial

pilot certificate would provide no appreciable safety benefit and would needlessly impose additional costs

on KTA Solutions and its customers. Because the contemplated operations would not comply with

§61.113(b)(1) and none of the other exceptions to paragraph (a) apply, relief is needed from both

paragraphs (a) and (b).

14 C.F.R. 91.7(a)

§91.7 Civil aircraft airworthiness.

(a) No person may operate a civil aircraft unless it is in an airworthy condition.

(b) The pilot in command of a civil aircraft is responsible for determining whether

the aircraft is in condition for safe flight. The pilot in command shall discontinue the flight when

unairworthy mechanical, electrical, or structural conditions occur.

There is no clear definition of “airworthy” as applied to the proposed sUAS, and the term has been

defined in various ways depending on the circumstances. In all instances, it appears that the concept

includes a requirement that the airplane 1) conforms to the aircraft’s type design or its type certificate, as

modified by supplemental type certificates and airworthiness directives, and 2) be in condition for safe

operations. The sUAS will not have a type design or type certificate, as the FAA has not developed

standards applicable to sUAS. As discussed later in this document, the types of operations contemplated

by KTA Solutions will not qualify the sUAS for an experimental airworthiness certificate. Accordingly,

relief from §§21.171 through 21.199 and §91.7(a) is required. Should the FAA include airworthiness

requirements as a condition of exercising the exemption, KTA Solutions will assure the continued

airworthiness of the sUAS. Regardless,

KTA Solutions believes it can meet the requirements of §91.7(b) and is not requesting an exemption from

that provision.

14 C.F.R. 91.9(b)(2)

§91.9 Civil aircraft flight manual, marking, and placard requirements.

...

(b) No person may operate a U.S.­registered civil aircraft ­­

...

(2) For which an Airplane or Rotorcraft Flight Manual is not required by §21.5 of this chapter unless there

is available in the aircraft a current, approved manual material, markings, and placards, or any

combination thereof.

...

The sUAS comes with access to online manuals that provide instructions for the safe operation and

maintenance of the aircraft. Compliance with this regulatory provision is not possible because this

information has not been, and cannot be, approved by the FAA since there are no applicable standards

established by the FAA against which to evaluate the platform.
Additionally, the sUAS is too small to carry a printed manual. Since, by definition, there will never be a

person aboard the sUAS, KTA Solutions submits that there is no need to require the manual to be placed

on the sUAS and an exemption is appropriate. Safety will be maintained by keeping the flight manual at

the ground control point where the PIC will have immediate access to it. Since the sUAS cannot be

operated without the Ground Control Station containing the manuals, there is minimal risk that the

manuals will become separated from the sUAS, and KTA Solutions will be able to immediately locate the

manuals to make any needed repairs on the sUAS detailed in the flight manual.

14 C.F.R. 91.109

§91.109 Flight instruction; simulated instrument flight and certain flight tests.

(a) 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....

Small UASs, by their design, do not have fully functional dual controls. Flight control is accomplished

through the use of a Ground Control Station that communicates with the aircraft via radio

communications (C2 Link). The aircraft being considered for use by KTA Solutions allows the UAS

Instructor to place the aircraft into ‘loiter’ mode (fixed altitude stationary hold). In the event of the student

losing control, the UAS Instructor can quickly and via alternate equipment (equipment not in the hands of

the student) place the aircraft into a mode that then allows the instructor to bring the aircraft back into

control and back to the pre­determined and/or safe landing location.

14 C.F.R. 91.119

§91.119 Minimum safe altitudes: General.

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.

...

KTA Solutions submits the only relief it requires from §91.119 is from the minimum altitudes listed in

paragraph (c). Relief is required from paragraph (c) for fixed wing operations because asset evaluation

conducted at 500 feet or higher is insufficiently distinct to be meaningful.

Since operations at this altitude also pose a heightened risk of collision with another aircraft, safety can

only be assured through the grant of an exemption. The anticipated rotorcraft operations should be

adequately addressed by paragraph (d) (1). Additionally, relief should not be needed from paragraph (a)

because an emergency landing of the aircraft due to a power failure will not create an undue hazard to

persons or property on the surface. As noted in the explanation of why an exemption will not adversely

affect safety.

KTA Solutions will have exclusive use of the land over which the sUAS will be operated, and public

access is restricted. Controlled access to public utility land, structures or emergency response areas assure

that no individuals unassociated with the planned operations are within the affected area of operations.

KTA Solutions personnel are required to wear mandatory safety equipment, including hard hats, safety
glasses whenever dispatched to a work site. As such, the risk of injury is minimal. KTA Solutions does

not contemplate conducting operations over congested areas, so relief is not requested from paragraph (b).

14 C.F.R. 91.151

§91.151 Fuel requirements for flight in VFR conditions.

(a) No person may begin a 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 –

(1) During the day, to fly after that for at least 30 minutes.

(b) No person may begin a flight in a rotorcraft 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, to fly after that for at least 20 minutes.

Operating the sUAS in a pre­defined area with less than 30 minutes of reserve fuel does not raise the type

of risk contemplated by §91.151, i.e., that an aircraft could run out of fuel in the event it has to be flown

to an alternate airport or circle the planned airport in the event of unanticipated conditions. KTA Solutions

does not intend to use the sUAS for point­to­point flights and will not operate the sUAS beyond visual

line of sight. Nor will the sUAS require an airport in order to land. Rather, KTA Solutions will operate the

sUAS using pre­planned flight paths (taking into account weather conditions) designed to allow the sUAS

to fly to the point of intended landing.

As such, there is no need for a time­based excess fuel requirement. Rather it should be sufficient to

require only as much additional excess flight capacity as necessary to safely land the sUAS. We believe

that a 20% energy reserve is more than sufficient to meet this objective.

14 C.F.R. 91.203(a) and (b)

§ 91.203 Civil Aircraft: Certifications required.

(a) Except as provided in §91.715, no person may operate a civil aircraft unless it has within it the

following:

(1) An appropriate and current airworthiness certificate. ...

(2) An effective U.S. registration certificate issued to its owner or, for operations within the United States,

the second copy of the Aircraft Registration Application as provided for in §47.31(c), or a registration

certification issued under the laws of a foreign country.

(b) No person may operate a civil aircraft unless the airworthiness certificate required

by paragraph (a) of this section or a special flight authorization issued under §91.715

is displayed at the cabin or cockpit entrance so that it is legible to passengers or crew.

...

The sUAS KTA Solutions intends to operate will not qualify for an airworthiness certificate unless the

FAA chooses to issue them a restricted category certificate. This is because the sUAS do not meet the

current conditions for either a standard airworthiness certificate or an experimental airworthiness

certificate. Notably, under 14 C.F.R. §21.191,8 experimental airworthiness certificates are only available

for research and development, showing compliance with regulations, crew training, exhibitions, air

racing, market surveys, operating amateur­built aircraft, operating primary kit­built aircraft and operating

light­sport aircraft. Until such time as the FAA develops airworthiness standards applicable to sUAS for

non­recreational and non­experimental use,
KTA Solutions submits that the FAA should consider exemptions to the requirements of §91.203(a).

The absence of such exemptions hinders the development of sUAS and applicable uniform standards

since it is only through the development of the aircraft that the FAA can reliably evaluate them and

determine appropriate design standards.

Section 333 of the Modernization Act authorizes the FAA to exempt aircraft from the requirement for an

airworthiness certificate based on a consideration of the size, weight, speed, operational capability of the

particular UAS, as well as its proximity to airports and populated areas. An analysis of these criteria

demonstrates that the sUAS operated without an airworthiness certificate in the areas and under the

conditions contemplated by KTA Solutions will be at least as safe, or safer, than a conventional aircraft

(fixed wing or rotorcraft) operating with an airworthiness certificate without the conditions proposed in

this request. The sUAS is less than 55 lbs. fully loaded, carries neither a pilot nor passenger, and operates

exclusively within a secured area as set out in the UAS Operating Manual. Unlike other civil aircraft,

operations under this exemption will be tightly controlled and monitored by the operator and observer.

Operations will be conducted in compliance with the FAA and with local public safety requirements to

provide security for the area of operation. Lastly, application of these same criteria demonstrates that

there is no credible threat to national security posed by the sUAS, due to its size, speed of operation,

location of operation, lack of explosive materials and inability to carry a substantial external load.

If the FAA waives the requirements of paragraph (a) (1), then it is technically impossible to comply with

paragraph (b), so an exemption is merited there as well.

14 C.F.R. 91.405(a), 91.407(a) (1) and 14 C.F.R. 91.409(a)

§91.405 Maintenance required.

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;

...

§91.407 Operation after maintenance, preventive maintenance, rebuilding, or alteration.

(a) No person may operate any aircraft that has undergone maintenance, rebuilding,

or alteration unless –

(1) It has been approved for return to service by a person authorized under §43.7 of

this chapter;

...

§91.409 Inspections.

(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.

...

KTA Solutions believes an exemption from these three maintenance requirements is appropriate because

the FAA has not developed maintenance standards that would allow an operator to meet the part 91
maintenance requirements. In particular, there are no individuals authorized by the FAA to approve a

sUAS for return to service under §91.407(a) or to conduct the initial airworthiness and annual return to

service inspections required by §91.409(a). KTA Solutions will maintain the aircraft as instructed in the

owner’s manual, where applicable, and will not operate the aircraft until it has reasonably determined any

needed repairs have been made. However, because of the technical impossibility of meeting the

requirements of §§91.405(a), 407(a) and 409(a), we believe an exemption from these provisions is

appropriate.

Please do not hesitate to contact me at the phone number or via the email address provided above should

you have any questions or concerns.

Respectfully,

Kevin Sivertson

CEO KTA Solutions

20237 Bronze St

Bend OR 97703

503.913.7102 cell

kmsivertson@gmail.com

Summary for Federal Register Publication

Pursuant to 14 C.F.R. Part 11, the following summary is provided for publication in the Federal

Register should the FAA determine that publication is needed.

Petitioner: Kevin Sivertson Unmanned Solutions

Sections of 14 C.F.R. Affected:

14 C.F.R. 21.171 through 21.199

14 C.F.R. §45.23(b)

14 C.F.R. §61.113(a) and (b)

14 C.F.R. §91.7(a)

14 C.F.R. §91.9(b) (2)

14 C.F.R. §91.103

14 C.F.R. §91.109(a)

14 C.F.R. §91.119

14 C.F.R. §91.121

14 C.F.R. §91.151

14 C.F.R. §91.203(a) and (b)

14 C.F.R. §91.405(a)

14 C.F.R. §91.407(a)

14 C.F.R. §91.409(a)

Description of Relief Sought: Petitioner seeks relief from the requirements of 14 C.F.R. §§45.29,

61.113(a)&(b), 91.7(a), 91.9(b)(2), 91.119, 91.121(a), 91.151, 91.203(a) &(b), 91.405(a), 91.407(a) and

91.409(a) to conduct sUAS operations over private and publicly owned or controlled land, solely during
daylight hours, for aerial videography, mapping, evaluation and inspection of infrastructure, resource/land

management, conservation and emergency response. In general, sUAS operations are will be conducted

in areas remote from both congested areas and airports. The nature of operations anticipated by KTA

Solutions requires the sUAS be flown at relatively low altitudes. KTA Solutions expects in most

instances, the sUAS will be flown less than 75 feet from the highest structure along the path of the sUAS

and in no instances will be flown higher than 400 feet above the ground. Accordingly, the risk of

interference with other aircraft is minimal.