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 Modernization 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 reputation for being a top-ranked, highly regarded, client 

responsive professional engineering, survey, and construction management firm. KSE serves 

clients in both public and private sectors. Our comprehensive engineering and surveying services 

include civil, structural, geotechnical, traffic and transportation engineering, complete survey and 

right-of-way mapping, resident engineering, construction inspection and construction 

management, site safety, and structural integrity/condition inspections. Our clients include public 

transportation agencies, mass transit authorities, K-12 facilities, higher educational facilities, 

laboratory and healthcare facilities, housing authorities, sports/entertainment facilities, 

commercial and residential facilities, waterfront/marine facilities, military Base Realignment and 

Closure (BRAC) projects, urban redevelopment authorities, and 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 enhancements to the already safe 

operations in the mapping industry. Approval of this exemption would thereby enhance safety 

and fulfill the Secretary of Transportation’s responsibilities to “... establish requirements for the 

safe operation of such aircraft systems in the 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, 4th Floor, Newark, NJ 07102 

Tel: 973-623-2999 

Fax: 973-242-2955 

Email: kshahid@kseng.com 
U.S. Department of Transportation – Federal Aviation Administration November 8, 2015 

FAA Section 333 Exemption Petition Page 2 

The Applicant hereby requests exemption 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 operations using the DJI 

Phantom 3 Professional Quadcopter and the 3DR X8+ for aerial data collection. 

In order to ensure at least an equivalent level of safety to currently authorized operations using 

manned aircraft, all operations will be subject to the strict operating requirements defined in the 

provided X8+ Operation Manual, X8+ Preflight Checklist, DJI Phantom 3 Professional 

Operation Manual, and the DJI Phantom 3 Professional Preflight Checklist. 

All KSE sUASs will be operated only by individuals who hold at least an FAA issued airline 

transport, commercial, private, recreational, 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 currently authorized manned aircraft operations. The 

details below regarding KSE’s intended sUAS applications provide clear evidence 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 primarily of frangible materials (plastic) and weigh less than 3 

pounds. The DJI Phantom 3 is powered by a 4,480 mAh 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 inches in width, and 11.8 inches in height. It 

is constructed of glass fiber and aluminum weighing less than 6 pounds including the 10,000 

mAh LiPo battery. The recommended flight speed of the 3DR X8+ is approximately 11 mph. 

Both sUASs contains an on-board GPS and an inertial 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 vertical and horizontal 

distance the aircraft will fly from its home point. Both sUASs offers the added feature of 

displaying real time flight data, including battery status, altitude and distance from home. 

All sUASs operated by KSE will be maintained in accordance with the manufacture’s 

maintenance, overhaul, replacement, inspection, and life limit requirements for the aircraft and 

aircraft components and all pertinent 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 performed, and the name of the individual who 

completed the work. Any sUAS that has undergone maintenance or alterations that affect the 

sUAS operation or flight characteristics, e.g. replacement of a flight critical 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 make 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 inspection reveals a condition that affects the safe operation of the 

sUAS, the aircraft is prohibited from operating 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 exemption, including evasive and emergency maneuvers and maintaining 

appropriate distances from people, vessels, vehicles and structures. All operators will meet the 

flight review requirements specified in 14 CFR § 61.56. 

The individual acting as PIC of a sUAS will be identified prior to any flight and will not change 

once the flight has begun. The PIC is the individual in operational control of the flight operation 

from beginning to end and is responsible for safe flight of the sUAS. All PIC 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 operators 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 airspeeds greater than the maximum sUAS operating 

airspeed recommended by the aircraft manufacturer. 

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

• All sUAS operations will occur at or below 500 ft AGL or the maximum altitude 

specified in the COA limitations, unless the purpose of the flight is to inspect a building 

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

or structure which is taller than 500 ft then the max altitude of the sUAS will be restricted 

to 20 ft above the highest point of that building or structure. All 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 agreement 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 available 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 COA 
U.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 enforcement official upon request. 

• The sUAS must be operated within visual line 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 request. If a discrepancy exists 

between the conditions and limitations in the grant of exemption and the procedures 

outlined in the operating documents, the conditions 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 responsibility to track such revisions and 

present updated and revised documents to the Administrator or any law enforcement 

official upon request. KSE must also present updated and revised documents if it 

petitions for extension or amendment to the grant of exemption. If KSE determines that 

any update or revision would affect the 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 during night, as defined in 14 CFR § 1.1. All 

operations must be conducted under visual meteorological conditions (VMC). Flights 

under special visual flight rules (SVFR) are not authorized. The sUAS may not be 

operated less than 500 feet below or less than 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 condition that affects the safe operation of the 

sUAS, the aircraft is prohibited from operating 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 documented 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 critical component, must undergo a 

functional test flight. The PIC who conducts the functional 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 event of unpredicted obstacles or emergencies. 

• The PIC is prohibited from beginning a flight unless the sUAS’s battery level is at 75% 

or higher. The PIC must begin returning the 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 the safe operation and flight of the sUAS and 

any documents required under 14 CFR §§ 91.9 and 91.203 must be available to the PIC at 

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

documents must be made available to the Administrator 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 PIC from any moving device or vehicle. 

 

• sUAS will not be operated directly over nonparticipating persons unless barriers or 

structures are present that sufficiently protect 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 Board (NTSB) per instructions contained on the 

NTSB Web site: www.ntsb.gov. 

APPLICATIONS AND PUBLIC INTEREST 

The requested exemption would allow KSE to operate 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 photography of construction sites, buildings, railway, road bridges, 

culverts, utilities, and damage assessments. These inspections and investigations are completed 

on both residential and commercial properties and are typically conducted in support of the 

property insurance industry. Use of sUAS for these 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 aircraft. Use of ladders and lifts are inherently 

dangerous and result in numerous injuries each year. Use of manned aircraft is typically not 

feasible and therefore valuable information remains 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 structures on the ground. Because these sUASs are electric 

powered, they create no harmful emissions and make very little noise. 
U.S. Department of Transportation – Federal Aviation Administration 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 following 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 operating guidelines proposed herein, it 

is clearly demonstrated that the sUAS will be operated safely in the national air space with an 

equivalent or greater level of safety 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 equivalent 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.pdf 
U.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 regulations 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 certificate 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 Aviation Act and Section 333 of the Reform Act 

both authorize the FAA to exempt aircraft from the requirement for an airworthiness certificate, 

upon consideration of the size, weight, speed, operational capability, and proximity to airports 

and populated areas of the sUAS involved. An analysis of these different criteria demonstrates 

that the sUAS operated without an airworthiness 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); Private 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 pilot authorization issued under 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 aircraft 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 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; 

(2) The aircraft does not carry passengers or property for compensation or hire. 

 

Given the size, weight, speed, operational limitations, and range of the sUAS, KSE proposes that 

operators of the sUAS should not be required to hold a commercial pilot certification. Instead, 

operators should be required to: 

Hold at least an FAA issued private, recreational, or sport pilot certificate. All operators will 

either meet the flight review requirements specified in 14 CFR § 61.56 or will annually complete 

and log at least 4 hours of ground instruction with a certified 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 person requires a first or second class medical to act as pilot in 

Command of an aircraft for compensation or hire. 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 meets the intent of 61.23. 

14 C.F.R. § 91.7(a): 

This regulation prohibits the operation of an aircraft without an airworthiness certificate. As no 

such certificate will be applicable 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 ensure 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 command 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 operations will not occur at an 

airfield. To provide an equivalent level of safety, the PIC will complete a preflight inspection as 

directed by the manufacturer’s manuals and KSE sUAS operations manual before any flight. 

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

The regulation states that required crewmembers must 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 identified prior to any flight and that the PIC does not 

change during a flight. The PIC will maintain control of the sUAS for the duration of the flight. 

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

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

instruction unless that aircraft has 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 achieved through KSE’s sUAS flight training program and 

conducting flight training within controlled environments. 

14 CFR § 91.119: Minimum Safe Altitudes 

The regulation provides that over sparsely populated areas the aircraft 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 assembly of persons or over any person not 

involved with the operation. The aircraft will be operated at an altitude allowing, if a power unit 

fails, an emergency landing without undue hazard 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 station along the route and within 100 nautical 

miles of the aircraft; 

• If there is no station within the area prescribed in paragraph (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 setting available before departure. 

To provide an equivalent level of safety, the sUAS utilize a GPS system, barometric pressure 

sensors, and internal gyroscopes to calculate the altitude. 

14 C.F.R. § 91.151(a): 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 

that for at least 30 minutes. 

Given the area of operation for the sUAS, KSE believes that an equivalent level of safety is 

achieved by requiring at least 75% battery power in order to begin 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 primarily 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 under 
U.S. Department of Transportation – Federal Aviation Administration November 8, 2015 

FAA Section 333 Exemption Petition Page 11 

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

the issuance of an airworthiness 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 licensed 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 level of safety will be achieved because the sUAS 

are small in size, are not complex mechanical devices, and will carry no external payload.