February 1st, 2016

United States of America Department of Transportation

Federal Aviation Administration Washington, DC

Petition for Exemption under Section 333 of the FAA Reform Act and Part 11 of the Federal Aviation Regulations

Submitted by: KS Engineers, P.C.

Dear Sir or Madam:

Pursuant to Section 333 of the FAA Moderniza tion and Reform Act of 2012, Pub. L. No. 112-95, 126 Stat.11 (amending 49 U.S.C.) (hereinafter, the “Reform Act”) and 14 C.F.R. Part 11, KS Engineers, P.C., a civil engineering company, seeks an exemption from the Federal Aviation Regulations listed below, to allow commercial operation of its sUASs.

KS Engineers, P.C. (KSE) has earned a reputatio n for being a top-ranked, highly regarded, client responsive professional engineer ing, survey, and construction ma nagement firm. KSE serves clients in both public and private sectors. Our comprehensive engineering and surveying services include civil, structural, geotech nical, traffic and transportation e ngineering, complete survey and right-of-way mapping, resident engineering, construction inspection and construction management, site safety, and structural integr ity/condition inspections. Our clients include public transportation agencies, mass transit authorities, K-12 facilities, higher educational facilities, laboratory and healthcare facili ties, housing authorities, spor ts/entertainment facilities, commercial and residential facilities, waterfront/m arine facilities, military Base Realignment and Closure (BRAC) projects, urban redevel opment authorities, a nd port authorities.

As described more fully below, the requested exemption would permit the operation of small, unmanned sUAS under controlled condition in airspace that (a) is limited, (b) is predetermined, (c) is controlled as to access, and (d) would provide safety en hancements to the already safe operations in the mapping industry. Approval of th is exemption would thereby enhance safety and fulfill the Secretary of Transportation’s respons ibilities to “... establish requirements for the safe operation of such aircraft systems in th e national airspace system .” Reform Act 333 (c).

The name and address of the applicant: KS Engineers, P.C. Kamal Shahid, P.E. 494 Broad St, 4 th Floor, Newark, NJ 07102

Tel: 973-623-2999

Fax: 973-242-2955 Email: kshahid@kseng.comU.S. Department of Transportation – Federal Aviation Administration November 8, 2015 FAA Section 333 Exemption Petition Page 2

The Applicant hereby requests exem ption from the following CFRs:

• 14 C.F.R. 21, subpart H

• 14 C.F.R. 61.113(a) & (b)

• 14 C.F.R. 61.23(a) & (c)

• 14 C.F.R. 61.315(a)

• 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. 91.105

• 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(a)

• 14 C.F.R. 91, Subpart E (91.405, 91.407, 91.409, 91.417)

The requested exemption would authorize KSE to conduct commercial oper ations using the DJI Phantom 3 Professional Quadcopter and th e 3DR X8+ for aerial data collection.

In order to ensure at least an equivalent level of safety to cu rrently authorized operations using manned aircraft, all operations will be subject to th e strict operating requirements defined in the provided X8+ Operation Manual, X8+ Preflight Checklist, DJ I Phantom 3 Professional Operation Manual, and the DJI Phantom 3 Professional Preflight Checklist.

All KSE sUASs will be operated only by individual s who hold at least an FAA issued airline transport, commercial, private, recrea tional, or sport pilot certificate.

The characteristics of the sUAS, detailed sUAS operator requirements, and sUAS operating parameters given below will ensure that all KSE sUAS operations are carried out with an equivalent or higher level of safety than curr ently authorized manned aircraft operations. The details below regarding KSE’s intended sUAS app lications provide clear ev idence that approval of this exemption is in the public interest.U.S. Department of Transportation – Federal Aviation Administration November 8, 2015 FAA Section 333 Exemption Petition Page 3

CHARACTERISTICS OF THE sUAS

The DJI Phantom 3 is approximately 27 inches across, measured diagonally and including the propellers. It is constructed pr imarily of frangible materials (plastic) and weigh less than 3 pounds. The DJI Phantom 3 is powered by a 4,480 mA h LiPo battery. The max flight speed of the DJI Phantom 3 is approximately 36 mph.

The 3DR X8+ measures 13.7 inches in length, 20.1 in ches in width, and 11.8 inches in height. It is constructed of glass fiber and alumin um weighing less than 6 pounds including the 10,000 mAh LiPo battery. The recommended flight spee d of the 3DR X8+ is approximately 11 mph.

Both sUASs contains an on-board GPS and an in ertial measurement unit for flight stabilization

and automatic failsafe return to home in case of a lost control signal. Additionally, both sUASs offer geo-fencing and max altitude features to restrict the maximum ve rtical and horizontal distance the aircraft will fly from its home point. Both sUAS s offers the added feature of displaying real time flight data, including ba ttery status, altitude and distance from home.

All sUASs operated by KSE will be maintain ed in accordance with the manufacture’s maintenance, overhaul, replacement, inspection, and life limit requirements for the aircraft and aircraft components and all pert inent instructions in the user manuals. Repairs, component changes, and software/firmware updates will be recorded in the sUAS’s maintenance log. Maintenance log entries will include the date, sUAS ID number, registration number, current sUAS flight time, a description of work pe rformed, and the name of the individual who completed the work. Any sUAS that has undergone maintenance or alterati ons that affect the sUAS operation or flight characteristics, e.g. re placement of a flight cr itical component, must undergo a functional test flight, prior to use in any commercial operations. The functional test flight must be conducted in such a manner so as to not pose an undue hazard to persons and property. The PIC who conducts the functional test flight must ma ke an entry in the aircraft records. A pre-flight inspection of the sUAS will be completed by the PIC prior to each flight operation as specified in either X8+ Preflight Checklist or the DJI Phantom 3 Professional Preflight Checklist. If the inspec tion reveals a condition that aff ects the safe operation of the sUAS, the aircraft is prohibited from opera ting until the necessary maintenance has been performed and the sUAS is found to be in a condition for safe flight. All KSE sUASs will comply with all applicable manufacturer safety bulletins.U.S. Department of Transportation – Federal Aviation Administration November 8, 2015 FAA Section 333 Exemption Petition Page 4

sUAS OPERATOR REQUIREMENTS

All KSE sUAS operators will hold at least an FAA issued private, recreational, or sport pilot

certificate. PIC must demonstrate that he/she is able to safely operate the sUAS in a manner consistent with the exempti on, including evasive and emerge ncy maneuvers and maintaining appropriate distances from people, vessels, vehicles and struct ures. All operators will meet the flight review requirement s specified in 14 CFR § 61.56.

The individual acting as PIC of a sUAS will be id entified prior to any flight and will not change once the flight has begun. The PIC is the individu al in operational control of the flight operation from beginning to end and is responsible for safe f light of the sUAS. All PI C flight hours used to demonstrate qualifications and currency will be logged in a manner consistent with 14 CFR § 61.51(b).

In order to act as PIC, all KSE sUAS opera tors will hold a current FAA airman medical certificate or a valid U.S. driver’s license issued by a state, the District of Colombia, Puerto Rico, a territory, a possession, or the Federal government.

sUAS OPERATING PARAMETERS

In order to provide for a level of safety at least equivalent to operations conducted using manned aircraft, all KSE commercial sUAS operations will be conducted in accordance with the following specific operating limitations:

• The sUASs may not be operated at a speed exceeding 30 knots (34 miles per hour). In no case will the sUAS be operated at airsp eeds greater than the maximum sUAS operating airspeed recommended by th e aircraft manufacturer.

• All operations shall be conducted in accordance with an ATO-issued COA.

• All sUAS operations will occur at or be low 500 ft AGL or the maximum altitude specified in the COA limitations, unless the purpos e of the flight is to inspect a building

or structure which is taller th an 500 ft. If the purpose of the flight is to inspect a building

or structure which is taller than 500 ft then th e max altitude of the s UAS will be restricted to 20 ft above the highest point of that bu ilding or structure. A ll altitudes must be reported in feet AGL.

• No sUAS will be operated within 5 nautical miles of an airport reference point (ARP) as denoted in the current FAA Airport/Facility Directory (AFD) or for airports not denoted with an ARP, the center of the airport symbol as denoted on the current FAA published aeronautical chart, unless a letter of agr eement with that airport’s management is obtained or otherwise permitted by a COA issued to KSE. The letter of agreement with the airport management must be made av ailable to the Administrator or any law enforcement official upon request.

• No sUAS will be operated within class B, C, D or E airspace unless a letter of agreement from the controlling ATC office is obtained or the flight is otherwise permitted by a COAU.S. Department of Transportation – Federal Aviation Administration November 8, 2015 FAA Section 333 Exemption Petition Page 5

issued to KSE. The letter of agreement from ATC must be made available to the Administrator or any law enfo rcement official upon request.

• The sUAS must be operated within visual lin e of sight (VLOS) of the PIC at all times. This requires the PIC to be able to use human vision unaided by any device other than corrective lenses, as specified on the PIC’s FAA-issued airman medical certificate or

U.S. driver’s license.

• All operating documents and a grant of exemption must be accessible during sUAS operations and made available to the Administrator upon reques t. If a discrepancy exists

between the conditions and limitations in th e grant of exemption and the procedures outlined in the operating documents, the condi tions and limitations in the grant of exemption take precedence and must be followed. Otherwise, the PIC must follow the procedures as outlined in the operating documents. KSE may update or revise its operating documents. However, it is KSE’s re sponsibility to track such revisions and present updated and revised documents to the Administrator or any law enforcement official upon request. KSE must also pres ent updated and revised documents if it petitions for extension or amen dment to the grant of exemption. If KSE determines that any update or revision would affect th e basis upon which the FAA granted the exemption, then KSE must petition for an amendment to the grant of exemption.

• sUAS operations may not be conducted dur ing night, as defined in 14 CFR § 1.1. All operations must be conducted under visual meteorological conditi ons (VMC). Flights under special visual flight rules (SVFR) are not authorized. The sUAS may not be operated less than 500 feet below or less th an 2,000 feet horizontally from a cloud or when visibility is less than 3 statute miles from the PIC.

• Prior to each flight the PIC must inspect the sUAS to ensure that it is in a condition for safe flight. If the inspection reveals a condi tion that affects the safe operation of the sUAS, the aircraft is prohibited from opera ting until the necessary maintenance has been performed and the sUAS is found to be in a condition for safe flight. All maintenance and alterations must be properly docum ented in the aircraft records.

• Any sUAS that has undergone maintenance or alterations that affect the sUAS operation or flight characteristics, e .g. replacement of a flight cr itical component, must undergo a functional test flight. The PIC who conducts the functi onal test flight must make an entry

in the aircraft records.

• If the sUAS loses communications or loses its GPS signal, the sUAS must return to a predetermined location.

• The PIC must abort the flight in the even t of unpredicted obstacles or emergencies.

• The PIC is prohibited from beginning a flightunless the sUAS’s batt ery level is at 75% or higher. The PIC must begin returning th e sUAS to the designated landing area when the battery level drops below 25%.U.S. Department of Transportation – Federal Aviation Administration November 8, 2015 FAA Section 333 Exemption Petition Page 6

• Documents used by the operator to ensure th e safe operation and flight of the sUAS and any documents required under 14 CFR §§ 91.9 a nd 91.203 must be available to the PIC at

the Ground Control Station of the sUAS a ny time the aircraft is operating. These

documents must be made available to the Ad ministrator or any law enforcement official

upon request.

• The sUAS must remain clear and give way to all manned aviation operations and

activities at all times.

• The sUAS may not be operated by the PI C from any moving device or vehicle.

• sUAS will not be operated directly over nonparticipating persons unless barriers or structures are present that sufficiently pr otect nonparticipating persons from the UA

and/or debris in the event of an accident . UA will not be operated over any open-air assembly of people.

• Any incident, accident, or flight operation that transgresses the lateral or vertical boundaries of the operational area as defined by the applicable COA will be reported to the FAA's sUAS Integration Office (AFS-80) within 24 hours. Accidents will be reported to the National Transportation Safety Boar d (NTSB) per instructions contained on the NTSB Web site: www.ntsb.gov.

APPLICATIONS AND PUBLIC INTEREST

The requested exemption would allow KSE to op erate the DJI Phantom 3 and the 3DR X8+ for the purposes of aerial data surveys and inspections. These surveys and inspections for mapping, survey, inspection and photogra phy of construction sites, buil dings, railway, road bridges, culverts, utilities, and damage assessments. Thes e inspections and investigations are completed on both residential and commercial properties and are typically conduc ted in support of the property insurance industry. Use of sUAS for thes e applications will offer significant advantages related to safety, time, and cost. Therefore, it is clear that grant of this exemption would be in the public interest.

Current options for gathering the data which under this exemption would be collected using sUAS, include use of ladders, lifts, and manned ai rcraft. Use of ladders a nd lifts are inherently dangerous and result in numerous injuries each year. Use of manned aircraft is typically not

feasible and therefore valuable information rema ins beyond the reach of the investigator. In most cases, use of a sUAS is quicker and easier than any other alternative and often yields better

information.

Due to their small size and the fact they carry no fuel the DJI Phantom 3 and 3DR X8+ pose a very low risk of damage to persons or structur es on the ground. Because these sUASs are electric powered, they create no harmful em issions and make very little noise.U.S. Department of Transportation – Federal Aviation Ad ministration November 8, 2015 FAA Section 333 Exemption Petition Page 7

SUMMARY THAT CAN BE PUBLISHED IN THE FEDERAL REGISTER

KSE requests the grant of an exemption to the foll owing specific sections of the Title 14 Code of federal Regulations which would allow it to operate micro sUAS for commercial use:

14 C.F.R. 21, subpart H, 61.113(a) &(b), 61. 23(a) & (c), 61.315(a), 91.7(a),91.9(b)(2), 91.103(b), 91.105, 109(a), 91.119, 91.121,91.151(a), 91, Subpart E (91.405, 91.407, 91.409, 91.417)

CONCLUSIONS

KSE respectfully requests that the FAA grant the exemption sought in this request. KSE believes that considering the small size and weight of the sUAS, along with the sUAS PIC training and certification requirements stipulated above and the strict operati ng guidelines proposed herein, it is clearly demonstrated that the sUAS will be op erated safely in the national air space with an equivalent or greater level of sa fety compared to manned aircraft.

We are prepared to modify or amend any part of this request as deemed necessary by the FAA to satisfy the need for an equivale nt level of safety. Please contact us at any time if you require

additional information or clarification.

Respectfully Submitted,

Kamal Shahid, P.E., President KS Engineers, P.C.

Tel: 973-623-2999

Fax: 973-242-2955 kshahid@kseng.com

Attachments: DJI_Phantom_3_Profesional_ Preflight_Checklist.pdf DJI_Phantom_3_Professional_Operation_Manual.pdf 3DR_X8+_Preflight_Checklist.pdf 3DR_X8+_Operation_Manual.pdfU.S. Department of Transportation – Federal Aviation Administration November 8, 2015 FAA Section 333 Exemption Petition Page 8

APPENDIX A: REGULATIONS REQUIRING EXEMPTION

KSE requests an exemption from the following regul ations as well as any additional regulations that may technically apply to the operation of the DJI Phantom 3 and the 3DR X8+ sUASs:

14 C.F.R. Part 21, Subpart H: Airworthiness Certificates

Given the size of the sUAS, its light weight, and the limited operating area associated with its utilization, it is unnecessary to go through the certificat e of airworthiness process under Part 21 Subpart H in order to achieve or exceed current safety levels.

Such an exemption meets the requirements of an equivalent level of safety under Part 11 and

Section 333 of the Reform Act. The Federal Av iation Act and Section 33 3 of the Reform Act both authorize the FAA to exempt aircraft from th e requirement for an airw orthiness certificate, upon consideration of the size, we ight, speed, operationa l capability, and proximity to airports and populated areas of the sUAS involved. An analys is of these different criteria demonstrates that the sUAS operated without an airworthines s certificate, under the conditions proposed in that exemption, will be at least as safe, or safer, than a conventional aircraft with an

airworthiness certificate.

14 C.F.R. § 61.113(a) & (b); 14 C.F.R. § 61.315(a); Pr ivate Pilot Privileges and Limitations; Pilot in Command; Sport Pilot Privileges and Limits

The regulation provides that no person may serve as a required pilot flight crewmember of a civil aircraft of the United States, unless that person:

(1) Has a pilot certificate or special purpose pilo t authorization issued unde r this part in that person's physical possession or readily accessible in the aircraft when exercising the privileges of that pilot certificate or authorization. However, when the airc raft is operated within a foreign country, a pilot license issued by that country may be used.

The regulation provides also that no person that holds a private pilo t certificate may act as pilot in command of an aircraft for compensation or hire. Subparagraph (b) allo ws a private pilot to act as pilot in command of an aircraft in c onnection with any busine ss or employment if:

(1) The flight is only incidental to that business or employment; (2) The aircraft does not carry passengers or property for compensation or hire.

Given the size, weight, speed, operational limitati ons, and range of the s UAS, KSE proposes that operators of the sUAS should not be required to hold a commercial pilo t certification. Instead, operators should be required to:

Hold at least an FAA issued private, recreationa l, or sport pilot certificate. All operators will either meet the flight review requirements sp ecified in 14 CFR § 61.56 or will annually complete and log at least 4 hours of ground instruction with a cer tified flight instructor (CFI) covering regulations and issues pertinent to commercial operation of the DJI Phantom 3 and the 3DR X8+.U.S. Department of Transportation – Federal Aviation Administration November 8, 2015 FAA Section 333 Exemption Petition Page 9

14 C.F.R. § 61.23(a) & (c):

The regulation provides that a pers on requires a first or second cl ass medical to act as pilot in Command of an aircraft for compensation or hi re. Our proposed operations require that the PIC

must hold a current FAA airman medical certificate or a valid U.S. driver’s license issued by a state, the District of Colombia, Puerto Rico, a territory, a possession, or the Federal government. Since the aircraft cannot carry passengers or property, KSE meet s the intent of 61.23.

14 C.F.R. § 91.7(a):

This regulation prohibits the opera tion of an aircraft without an airworthiness cer tificate. As no such certificate will be applicab le in the form contemplated by the FARs, this Regulation is inapplicable.

14 C.F.R. § 91.9(b)(2): 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. KSE proposes to provide an equivalent level of safety by maintaining a copy of all documents used by the operator to ensu re the safe operation and flight of the sUAS as well as documentation of an exemption and COA with the ground control station and accessible to the PIC during flight operations.

14 C.F.R. § 91.103: Preflight action

This regulation requires that each pilot in comm and shall, before beginning a flight, become familiar with all available information concerning that flight. This information must include runway lengths at airports of intended use, and the following takeoff and landing distance

information.

This regulation is not applicable due to the fact KSE sUAS op erations will not occur at an airfield. To provide an equivalent level of safety, the PIC will co mplete a preflight inspection as directed by the manufacturer’s manuals and KSE sUAS operati ons manual before any flight.

14 C.F.R § 91.105: Flight C rewmembers at Stations

The regulation states that required crewmembers mu st be at their stations in the aircraft during specific portions of a flight.

This is not applicable since the sUAS carry no crewmembers. An equivalent level of safety will be maintained by ensuring that the PIC is identifie d prior to any flight and that the PIC does not change during a flight. The PIC will maintain cont rol of the sUAS for the duration of the flight.

14 C.F.R. § 91.109(a): Flight Instruction

The regulation provides that "No pe rson may operate a civil aircraft that is being used for flight

instruction unless that aircraft ha s fully functioning dual controls."U.S. Department of Transportation – Federal Aviation Administration November 8, 2015 FAA Section 333 Exemption Petition Page 10

The equivalent level of safety will be achieve d through KSE’s sUAS flight training program and conducting flight training with in controlled environments.

14 CFR § 91.119: Minimu m Safe Altitudes

The regulation provides that over sparsely populated areas the airc raft cannot be operated closer than 500 feet to any person, vessel, vehicle, or structure. Since the UA will be operating at a maximum of 500 feet AGL, these operations cannot comply with this requirement.

The equivalent level of safety will be achieved given the size, weight and speed of the sUAS. Additionally the sUAS will be operated in a defined and relatively small AOI. Moreover, the sUAS will not be operated over any open-air as sembly of persons or over any person not involved with the operation. The aircraft will be ope rated at an altitude allowing, if a power unit fails, an emergency landing without undue hazar d to persons or property on the surface.

14 CFR 91.121 – Altimeter settings

This section requires that each person operating an aircraft shall maintain the cruising altitude or flight level of that aircraft, as the case may be, by reference to an altimeter that is set, when operating below 18,000 feet MSL to:

• The current reported altimeter setting of a st ation along the route and within 100 nautical miles of the aircraft;

• If there is no stati on within the area prescribed in para graph (a)(1)(i) of this section, the current reported altimeter setting of an appropriate available station; • In the case of an aircraft not equipped with a radio, the elevation of the departure airport or an appropriate altimeter set ting available before departure.

To provide an equivalent level of safety, the sUAS utilize a GPS system, barometric pressure sensors, and internal gyroscope s to calculate the altitude.

14 C.F.R. § 91.151(a): Fuel Requirement s for Flight in VFR Conditions

The regulation provides that no person may begi n a flight in an airplane under day-VFR conditions unless there is enough fuel to fly to the firs t point of intended landing and to fly after

that for at least 30 minutes.

Given the area of operation for th e sUAS, KSE believes that an e quivalent level of safety is achieved by requiring at least 75% battery power in order to begi n a flight and requiring the UA to return to land when the battery power reaches 25%.

14 CFR 91, Subpart E (91.405, 91.407, 91.409, 91.417) - Maintenance, Preventive Maintenance, and Alterations

The regulation provides that the operator is primar ily responsible for maintaining the aircraft in an airworthy condition, including compliance with Parts 39 and 43. Paragraphs 91.407 and 91.409 require that the aircraft be "approved for return to service by a person authorized underU.S. Department of Transportation – Federal Aviation Administration November 8, 2015 FAA Section 333 Exemption Petition Page 11

43.7" after maintenance and inspection. Secti on 91.409(a)(2) requires an annual inspection for

the issuance of an airw orthiness certificate. Section 91.417(a) requires the owner or operator to keep records showing certain maintenance work that has been accomplished by certificated mechanics, under Part 43, or license d pilots and records of approval of the aircraft for return to

service.

KSE proposes that the maintenance, as well as preflight inspections of the sUAS will be accomplished by the PIC. All maintenance will be conducted and logged in accordance with the manufacturer’s specifications. An equivalent leve l of safety will be achieved because the sUAS are small in size, are not complex mechanical devices, and will carry no external payload.