U.S. Department of Transportation 

Docket Management System 

1200 New Jersey Avenue, SE 

Washington, D.C. 20590

Kimberly Ann Oberst, DBA: KEO Drone Survey Systems

18870 Painted Leaf Court

Jupiter, Florida 33458

561-676-2578

Email kaoberst@msn.com

RE: Exemption Request Section 333 of the FAA Reform Act of the Federal Aviation Regulations 

from 14 CFR 91.7(a);91.119 (c); 91.121; 91.151 (a)(1); 91.405(a); 91.407(a)(1); 91.409(a)(1)and 

(2); 91.417(a)&(b) 

Dear Sir or Maam, 

The petition is submitted by Kimberly Ann Oberst, DBA, KEO Drone Survey Systems, who will 

hereafter be referred to as the “petitioner.” The majority of this request for exemption will be 

based on prior Exemption No. 11138 issued to Mr. Douglas Trudeau, Realtor, issued by the 

Federal Aviation Administration on January 6, 2015, Regulatory Docket No. FAA-2014-0481. 

My request for exemption will utilize the same make and model of UAS. I plan to perform the 

same type of operations, with certain additions to be specified, as requested in Exemption No. 

11138. 

It is the request of the petitioner for exemptions listed above in order to legally and safely 

operate the DJI Phantom 2 Vision Plus UAS, in the National Airspace System, for the purpose of 

Unmanned Aerial Photography and Videography for the real estate, construction, and utilities 

industries for commercial gain and enhancement of Public awareness of UAS operation, and 

finally enhanced safety for both the General Public and Flight Crews. 

The petitioner, Kimbely Ann Oberst, is a FAA certificated Commercial Pilot Single and MultiEngine Instrument Airplane; CFII-(Rotorcraft). The petitioner has over 2500 flight and FAA 

level D simulator hours, with the majority (90%) of hours in rotorcraft. The petitioner has 

experience with RC simulation, and simulation of normal procedures/emergency procedures for 

rotorcraft while working as an academic and ground instructor at Flight Saftey International. 

The petitioner has experience as an Air Force Helicopter Instructor Pilot with experience in the 

UH-1N Huey and HH60G Pavehawk helicopters. She worked in training and safety capacities 

while serving Active Duty for 10 years, and is currently the lead Blackhawk S70 instructor at 

Flight Safety West Palm Beach Facility. She is also currently a Lieutenant Colonel serving in the 

Air Force Reserves. 
It is the petitioners position that the operations for which exemption is requested are safer and 

more cost effective than using manned aircraft, and for those reasons are in the Public Interest; 

and would be of benefit in identifying areas of operation that may need additional oversight as 

well as raising public awareness and interest in this rapidly growing facet of aviation. 

(Reference Exemption No. 11138) 

The petitioner will outline in this document: 

1. Request for exemptions by Part and Subpart and how the UAS is to be used

2. Petitioners protocols and procedures for operations 

3. Location of Operation and Request for relief from Airport Proximity Limitation 

4. The Unmanned Aircraft System (UAS) and Frequencies used

5. The Public Interest 
1. Requests for exemption by Part and Subpart and 

how the UAS is to be used

14 CFR 91.7(A) 

Prohibits the operation of an aircraft without an airworthiness certificate. Petitioner requests 

exemption based on previous Exemption No. 11138. The FAA has ruled that this make and 

model of aircraft (UAS) does not require an airworthiness certificate. 

14 CFR 91.119(C) 

States that no person may operate an aircraft below the following altitudes: 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. 

The petitioner will never operate any UAS over an altitude of 400 AGL. The majority of the 

operations proposed will operate around 100 to 300 feet AGL as this usually provides the best 

angle of capture for the type of photography and videography operations proposed. The UAS 

will be used for commercial building and residence surveys for engineering and construction 

company inspections. The UAS may be used for real estate surveys or other commercial 

surveys where in flight photos or videos are requested.

The UAS utilized for this exemption is of exceptionally light weight and is not capable of speeds 

over 30 knots. The UAS is equipped with GPS guided auto pilot with a return home function in 

case loss of control by the PIC and is powered by sealed batteries thereby reducing the chance 

of post impact fire to nearly zero. 

There will be cases when the 500 foot to property will need to be exempted. (Example: Aerial 

Video of a 2 story home roof to determine and/or document extent of storm damage.) In this 

type of operation every assurance will be made to keep persons outside of a reasonable, safe, 

clear area of operations and will only be conducted with the express permission of the property 

owner. See protocols and procedures section. 

The petitioner will implement procedures and policies to ensure that any person in the general 

vicinity of operations will be aware of such operations and ensure that all non-essential 

personnel are cleared of the area of operations. See Protocols and procedures Section 3. 

The petitioner therefore requests relief in part from 14 CFR 91.119(C) 

14 CFR 91.121 

Altimeter Settings. 

The petitioner requests relief from 91.121 for the following reason. The UAS is equipped with 

GPS derived altitude capability, however due to the limited altitude requested in this 

exemption, the FAA has previously granted Exemption for these types of operations. Reference 

Exemption No. 11138 
14 CFR 91.151(a) 

No person may begin a flight in an airplane under VFR conditions unless (considering wind and 

forecast weather conditions) unless there is enough fuel to fly to the first point of intended 

landing and, assuming normal cruise speeds 

(a)(1)During the day to fly for at least 30 minutes. 

The petitioner requests relief from 91.151(a) due to the fact that the UAS is equipped with a 

battery and percentage indicator system. The UAS has a flight capability on full charge of 

approximately 20 to 25 minutes depending on camera usage and other variables. The petitioner 

has established that the maximum flight will be 10 minutes on a fully charged battery. This 

constitutes landing with approximately 50 percent fuel remaining. The petitioner believes that 

this follows the spirit and intent of the rule with a great margin of safety. 

No UAS operations will be conducted at night, as defined by Federal Aviation Regulations. 

14 CFR 91.405(a) 

Maintenance required; 

The petitioner requests relief in part from 91.405(a)(1) based on the Protocols and Procedures 

Section on Maintenance and Maintenance Records. Also reference Exemption No. 11138 

14 CFR 91.407(a)(1) 

Operation after maintenance, preventive maintenance, rebuilding, or alteration; 

The petitioner requests relief from 91.407(a)(1) based on the Protocols and Procedures 

Section on Maintenance, Return to service after maintenance, and Maintenance records. 

Reference Exemption No. 11138 

14 CFR 91.409(a)(1)(2) 

Inspections; 

The petitioner requests relief from 91.409(a)(1)(2) based on the Protocols and Procedures 

Section on Inspections. Reference Exemption No. 11138 

14 CFR 91.417(a)(b) 

Maintenance records; 

The petitioner requests relief from 91.417(a)(b) based on the Protocols and Procedures 

Section on Maintenance records.

KEO Drone Survey Systems 
2. Protocols and Procedures for UAS operations. 

A. Preflight 

B. Area Security 

C. Limitations of Operations 

D. Airworthiness 

E. Maintenance and Records 

F. Pilot in Command Requirements 

G. Visual Observer and Requirements 

H. Reporting of Incidents and Accidents 

A. Preflight Inspection of UAS 

(1). Preflight of Unmanned Aerial System will follow the instructions on in the DJI instruction 

and User Manual. The Pilot in Command will certify that a preflight inspection has been 

accomplished with the date and time and signature in UAS logbook. The preflight shall include 

the aircraft, transmitter, and batteries, motors, rotors, landing gear, and camera and gimbal 

mount. As a part of the preflight the Pilot in Command will assure that weather conditions, 

batteries, area security, and any other information essential to safe operation has been 

obtained. 

B. Area Security 

(1). The PIC of the UAS will ensure that the operational area for the purposes of UAS flight shall 

be cleared of all nonessential persons at all times the UAS is in flight. Additionally all

nonessential persons shall be required to remain clear of the operations area by a minimum 

distance of 150 feet during operations. PIC shall ensure that clearly marked signs are posted at 

all ingress\egress points to the operations areas. These signs will be of white background with 

red lettering stating the following: “Unmanned aircraft operations underway. Please remain 

clear of this area during operations.” 

(2). In the event of a breach of nonessential persons into the operations area during flight of 

UAS, the PIC shall immediately terminate flight operations until such time as the area can be 

cleared of such persons. 

(3). The UAS area of operation is defined as the Horizontal flight path(s) of the UAS as well as 

the Vertical flight path and Maximum altitude to be reached. Additionally the area between the 

UAS’s current position and its Home location is also considered operational area as it will 

proceed direct to its home location in the eventual of loss of ground control. 

All nonessential persons will not be allowed within 150 feet of any part of the operational 

area during flight operations. 
C. Limitations of Operations 

(1). The UAS shall be operated in Day time only, as defined by 14 CFR 

(2). UAS night operations are prohibited. 

(3). The UAS shall be operated by VLOS at all times 

(4). A Visual Observer shall be utilized at all times and must maintain VLOS at all times. 

(5). The UAS shall remain within 1000ft horizontal distance of the PIC at all times. 

(6). The UAS to be utilized is the DJI Phantom 2 Vision + Unmanned Aircraft System. No other 

systems will be operated. 

(7). The UAS will have an altitude restriction of 300ft AGL. 

(8). The UAS will not be operated at a speed exceeding 30 Knots. 

(9). Operations Documents will be accessible to the PIC at all times and must be accessible 

during UAS operations and made available to the Administrator of request. 

(10). PIC must inspect and ensure that UAS and ground control station is in airworthy condition 

prior to each operation; if determined un-airworthy, all operations will be suspended until such 

time as necessary maintenance has been performed and UAS is determined to be in a safe 

condition for flight. 

(11). An operational flight test in required after any maintenance or alterations that may affect 

UAS operation or flight. 

(12). UAS maintenance must follow Manufactures aircraft/component, maintenance, overhaul, 

and replacement, inspection, and life limit requirements. 

(13). The operator must carry out its maintenance, inspections, and record keeping 

requirements, in accordance with the operating documents. Maintenance and inspection, and 

alterations must be noted in the aircraft records, including total flight hours, description of 

work performed, and the signature of the authorized person returning UAS to service. 

(14). UAS must comply with all Manufacturers’ Safety Bulletins. 

(15). An authorized person must make an entry in the aircraft record of the corrective action 

taken against discrepancies discovered between inspections. 

(16). UAS must by operated by a PIC possessing at least a Private Pilot Certificate, with most 

appropriate Class and category and at least a current Third class Medical. 

(17). PIC must meet the flight review requirements of 14 CFR 61.56 in an aircraft in which the 

PIC is rated. 

(18). Prior to operations for which exemption is requested, the PIC must have accumulated and 

logged , in a manner consistent with 14 CFR 61.51(b), a minimum of 25 hours of total time as a 

UAS rotorcraft pilot including at least 10 hours of UAS multi-rotor. 

(19). Prior to operations PIC must have accumulated and logged a minimum of 5 hours as a UAS 

pilot in make and model listed in exemption. PIC must log at a minimum 3 takeoffs and landings 

in the preceding 90 days to meet currency requirements. 

(20). PIC is required to operate the UAS with appropriate distances in accordance with 14 CFR 

91.119. 

(21). No Private Pilot may operate UAS within 5 nautical miles of an airport reference point as 

denoted on a current FAA chart. 
(22). Operations with 5 NM of an airport must be conducted by a PIC who holds at least a 

Commercial Pilot Certificate Rotorcraft and a current Second Class Medical. 

(23). No operations are allowed in the surface areas of Class B, C, and D airspace. 

(24). No operations are allowed if the return home function and\or autopilot are, or are 

suspected to be malfunctioning. 

(25). UAS shall not be operated from a moving platform of any type. 

(26). No operations shall be conducted without an appropriate Certificate of Authority issued by 

the Administrator. 

(27). A Visual Observer shall be utilized at all times when operating the UAS. 

(28). Should the PIC or Visual Observer detect that a manned aircraft is being operated in close 

proximity to the operations area, the UAS shall give right of way to the manned aircraft, and the 

PIC shall cease operations and land until such time as the manned aircraft has cleared the area. 

(29). The UAS will not be operated any closer than 500 to any structure without the express 

permission of the structure owner.

D. UAS Airworthiness 

(1). The PIC shall ensure that the UAS is in an airworthy condition before each flight. 

Airworthiness shall be determined by a preflight inspection in accordance with DJI operating 

documents and any and all applicable Federal Aviation Regulations, and any additional 

requirements as defined by the Administrator. PIC shall document each preflight inspection by 

date, Aircraft total Flight time to date, any discrepancies noted, and signature and certificate 

number. Any discrepancy noted shall be addressed before UAS operation. 

E. UAS Maintenance and Records 

(1). The operator shall maintain aircraft maintenance logbooks. Each UAS shall have its own and 

separate maintenance log book. DJI documents, handbooks, user manuals, supplements, Safety 

Bulletins, etc., shall be the only approved documents for performing repairs, maintenance, 

inspections, overhauls, or replacement of life limited components. A record of each preflight 

inspection will additionally be recorded in these logbooks. The preflight inspection must be 

conducted by the PIC for that operation. Preflight signoff shall include at least the following 

information: date of operation, Aircraft Total time, aircraft serial or operating number, PIC 

signature and certificate number. 

Example: Preflight inspection completed, No defects noted. 1-1-15, ACFTT 50.1 hours, UAS 

number 1, Kim Oberst CFII 2722888. 

(2). Any required maintenance, inspection, alteration or repair must be completed by an 

approved person. At the completion of this work the approved person must make an entry in 

the aircraft log book that at least includes: Date, Aircraft serial or operating number, brief 

description of the discrepancy, inspection, alteration or repair, the reference material used as 
guidance for the repair, statement approving the aircraft for return to service, and signature of 

person who completed the work. 

Example: 1-1-15 UAS 1, ACFTT 50.1 hours, replaced number 3 rotor with new rotor, IAW DJI 

Phantom 2 Vision + User Manual. Flight or ops check completed. Aircraft is approved for return 

to service. Kim Oberst

(3). Maintenance records shall be kept with the UAS at all times and shall be made available to 

any authorized agency or the Administrator upon request. 

F. Pilot in Command Requirements 

(1). The Pilot in Command shall hold at least a Private Pilot Certificate and a current 

Third Class Medical whenever conducting operations. Operator prefers that the Certificate be 

in the most appropriate class and category to the UAS being operated. In this case a Rotorcraft 

rating. 

(2). The Pilot in Command shall have at least 25 hours of rotorcraft UAV flight time before 

performing any operation for which exemption is requested. 

(3). The Pilot in Command shall have at least 5 hours in make and model before performing any 

operation for which exemption has been requested. 

(4).The Pilot in Command shall preform a pre-flight inspection before each flight is conducted. 

(5).The Pilot in Command shall observe all Federal Aviation Regulations at all times with the 

exceptions of the exemptions requested by the operator. In those cases the Pilot in Command 

shall adhere to company operating standards or Federal Aviation Administration Limitations 

placed upon exemptions, whichever is more stringent. 

(6). The Pilot in Command must hold a Commercial Pilot Certificate with Rotorcraft Class and 

Category and a current Second Class Medical to operate within 5 NM of an airport. 

(7). The Pilot in Command will not operate the UAS without a Visual Observer present. 

(8). The Pilot in Command must have 3 takeoff and landings within the preceding 90 days. 

(9). The Pilot in Command must maintain a record of flight information to establish currency 

and that he or she meets the requirements of this section. 

G. Visual Observers: Responsibilities and Requirements 

(1). A Visual Observer shall be used during any and all operations of the UAS System. 

(2). The Visual Observer shall maintain communication with the PIC at all times during UAS 

operation. 

(3). The Visual Observer shall maintain Visual Contact with the UAS at all times. In the event 

that Visual Contact is lost the VO will notify the PIC who will immediately cease operations and 

land the aircraft. 

(4). The Visual Observer shall also help the PIC maintain area of operations security and ensure 

that all nonessential persons remain clear of the area of operations. In the event of a breach by 

unauthorized person(s) the VO shall notify the PIC and operations will cease immediately. 
(5). The Visual Observer shall also assist the PIC in looking for manned aircraft traffic near the 

operations area. If manned aircraft traffic is observed near the operations area, the VO will 

notify the PIC who will immediately cease operations and land the UAS. 

H. Reporting of Incidents and/or Accidents 

Any incident or accident, or flight operation that transgresses the lateral or vertical boundaries 

of the operational area as defined by the applicable COA will be reported within 24 hours to: 

FAA UAS Integration Office (AFS-80) 

Accidents: National Transportation Safety Board 

www.ntsb.gov. 
3. Location of Operation and Request for Relief from Airport 

Proximity Limitation 

The petitioner understands the FAA’s concern for placing restrictions on the proximity a UAS 

can be operated in relation to an airport. However, the petitioner believes that certain relief 

can be granted in this matter based on the circumstances of the flight, altitude of the flight, 

area of the flight in relation to traffic patterns and protected instrument approach corridors. 

Also, the size and traffic of the airport certainly should be considered as a factor. The petitioner 

believes that pilot qualifications, ratings, and aeronautic experience; as well as communication 

with the airport, any ATC controlling facility, and aircraft in the area would fully mitigate any 

dangers. The petitioner also believes that since many rural airports often host model and 

remote controlled aircraft clubs and events without affecting normal operations, that measures 

could be put in place to ensure the safety of operation and integration of UASs’ in close 

proximity to certain airports. From a commercial standpoint a great deal of potential 

opportunity is lost when an area of close to 78.5 square miles is off limits. As UAS operations 

become more prominent consumers will demand these services closer to airport facilities. It 

would not be in the interest of aviation or the public in general, to restrict these consumers 

from products or services because of their proximity to an airport. This could cause a negative 

impact to both the consumer and the airport. The petitioner therefore proposes the following 

reasonable restrictions that would ensure that the majority of these consumers could be 

serviced and the safety of operation of manned aircraft could be assured. 

The UAS will be used for aerial surveys to include inspections of buildings, construction sites, 

real estate surveys or other commercial surveys requested in the south Florida area, anywhere 

from St. Augustine to Key West, FL. Most buildings and construction sites will be on the East 

Coast of Florida. Nearest Airports may include: Saint Augustine, Flagler County, Ormand Beach,

Daytona Beach, New Smerna Beach, Massey, Dunn, Titusville, Coast Regional, Merrit Island, 

Melbourne, Sabastian, Vero Beach, St Lucie County, Witham, North Palm Beach County, West 

Palm Beach Intnl, Boca, Pompano Beach, Fort Lauderdale, Miami, Homestead, Marathon, Sugar 

Loaf, Key West. Please see a VFR Sectional. Please see proposed restrictions placed on UAS 

operations when operating within 5 miles of any airport in protocols and procedures in this 

document.

UAS inspected Buildings may range from 20 feet to 300 feet tall. The UAS will be operated in 

close proximity to the building walls to be inspected. An Infrared (IR) lens filter may be added 

to the camera for specific water intrusion inspection requirements.

Most operations in the Scope of this requested Exemption will be conducted at 100 to 300 feet 

AGL. Any manned aircraft operating in the vicinity of an airport should not be at these altitudes 

over persons or property unless they are in the process of a take-off or landing. Additionally 

they should be well aligned with either the approach or departure runway at these altitudes. 
The petitioner therefore requests relief in part from the 5 NM limitation concerning proximity 

to an airport based on the following restrictions. Note: Class B, C, and D airports not included in 

this relief request. Airspace must be E or G for relief to be requested. 

(1). Altitude restriction of 300 feet AGL within 3 to 5 Nautical miles of an airport. 

(2). Altitude restriction of 100 feet AGL within 1 to 3 Nautical miles of an airport. 

(3). No flight on the extended centerlines or 5 degrees to either side on any active or used 

runway out to 2 Nautical miles from Airport reference point. 

(4). Notify airport of proposed time, distance and heading from airport of UAS operation. 

(5). Request issuance of NOTAM specifying UAS operations. 

(6). No flight within 1 NM of airport. This would mitigate the possibly of operating near the 

airport Traffic patterns. 

(7). The PIC shall make “in the blind” broadcasts of UAS operations on the appropriate 

frequency stating. “Unmanned Aircraft Operations underway. Distance and bearing from 

airport and operating altitude”. 

(8). The Pilot in Command of the UAS must be a Certificated Commercial Pilot with Class and 

Category Rating most appropriate to the UAS for which the Exemption is granted. In this case,

Commercial Pilot Rotorcraft with a current Second Class Medical. 

(9). Anytime the PIC or Visual Observer has visual contact with a manned aircraft, or anytime an 

aircraft requests, operations will be immediately suspended and UAS will descend and land 

immediately. 

(10). Aircraft has onboard programmable altitude restriction capability to help mitigate the 

possibility of inadvertent altitude deviation. This function must be used during operations 

within 5 nautical miles of an airport. 

(11). The dorsal (top) area of the aircraft will be painted a bright safety orange to increase 

visibility of the aircraft from manned aircraft. 

The petitioner believes that these restrictions and requirements safely mitigate the potential hazards 

associated with operation near a small, low volume airport. In fact, the petitioner believes that this 

limitation would make this operation safer than many others that are conducted at these types of 

airports; to include: aerobatics training, parachute operations, and Amateur Radio Controlled Aircraft 

Clubs that are frequently located on these types of airports. 

The altitude restrictions requested would eliminate the possibility of a collision with manned aircraft as 

there is no reasonable circumstance where a manned aircraft should be at or near these altitudes, 

unless being on short final for approach or on departure. In fact the petitioner believes that any manned 

aircraft operating at, or near these altitude restrictions, other than on short final for approach or on 

departure, would be operating in a careless and reckless manner. 

Petitioner also believes that requiring that the PIC hold a Commercial Pilot Certificate of most 

appropriate Class and Category helps to ensure that the operator has the knowledge, aeronautical 

experience, radio communication skills, and ability to safely operate within close proximity to airports 

located in class E and G airspace. 

Petitioner also believes that in the highly unlikely event of a collision between a UAS and a manned 

aircraft that the damage possibility, is no more than that of a small sized bird strike due to the extremely 

light weight and size of the UAS. However, the petitioner should like to reiterate that the restrictions 

requested in this relief would make such a collision improbable, if not nearly impossible. 
4. The Unmanned Aircraft System UAS and 

Frequencies Used

The petitioner will operate the DJI Phantom 2 Vision + UAS System. This shall be the only 

system operated by the petitioner. The Petitioner has attached the operating and user 

documents for the system as additional supplements for this petition. Frequencies to be used 

are in these documents. No modification to the factory system is to be utilized other than the 

dorsal surface area of the aircraft will be painted a bright safety orange to help manned aircraft 

see the unit while in flight. Please see attached supplemental documents for UAS information 

and for Frequencies used information. 

5. The Public Interest 

The request for this exemption is in the Public Interest as it is safe to assume that there are 

many consumer applications for the services that can be provided by UAS systems. It is clear 

that the Congress of the United States, the business sector, and the consumer want to integrate 

Unmanned Aircraft Systems into the National Airspace System and utilize their unique and cost 

effective capabilities. It is also in the Public Interest that many of the low level flight operations 

now conducted by manned aircraft could be accomplished with these light, fire resistant 

unmanned aircraft that can operate at a fraction of the cost to both the operator and 

consumer. These aircraft can be operated without risk of loss of life or limb, without significant 

financial impact to the operator or any person or property on the ground in the event of the 

loss of an aircraft. Finally, the petitioner believes that granting this exemption would help to 

further by Administrators process of integration of UAS systems and possibility help to create 

additional regulations and guidance to be used as these systems become more widely utilized. 

Please forward any questions or concerns to the address or email below. 

Sincerely, 

Kimberly Ann Oberst, DBA, KEO Drone Survey Systems

18870 Painted Leaf Court

Jupiter, Florida 33458

kaoberst@msn.com