1

Richard Scott Braun RN Oct. 12, 2015 1503 Inverness Road Lynn Haven, Florida 32444 Shiccacal@yahoo.com 850
-774
-9563 Cell
US Department Of Transportation Federal Aviation Administration 800 Independence Ave SW Washington DC. 20591

Dear Sir or Madam: Pursuant to Section 333 of the FAA Modernization and Reform Act of 2012 (the reform act) and CFR Part 11, Richard Scott Braun, owner and operator of an Unmanned Aircraft Systems (UASs), requests to be exempted from the Federal Aviation Regulations (FAR) listed below so that Richard Scott Braun may operate UASs commercially i n airspace regulated by the FAA, as long as such operations are conducted within and under the conditions outlined herein or as may be established by the FAA as required by Section 333. I am Richard Scott Braun, a Florida resident, with a Florida Driver’s license. I also have a private pilot’s license (VFR SEL) and will be th e PIC. All operations will be performed with the public’s safety and right to privacy safeguarded at all times. As described below, the requested exception would permit the operation of light weight (less than 55 lbs. total takeoff weight) UASs under cont rolled conditions for commercial use by a certified private pilot thereby enhancing safety and fulfilling the Secretary of Transportation’s ( the FAA Administrator’s) responsibility to “establish requirements for safe operation of such aircraft systems in national airspace systems.” Section 333(c), of the Reform Act.2

The UASs that Richard Scott Braun will operate (The Phantom 3 Professional quad
-copter and Inspire 1 quad
-copter) are rotorcraft weighing less than 55 pounds including payload. They operate at a speed less than 50 knots and have the capability to hover and move in the vertical and horizontal plane simultaneously. Both have an auto return to launch point when battery power is under 25%. The UAS will operate within the line of sight within a protected flight area as described below and at 200 feet AGL or less with an observer l ocated close at hand as to make voice communication possible. These operations will not create a hazard to users of the nation airspace, public nor the environment. I plan to operate a UAS, the DJI PHANTOM 3 Professional which is comprised of an unmanned aircraft (UA or Phantom 3) and a transportable ground station. The Phantom 3 is referred to as a quad
copter with a maximum gross weight of about 3 pounds. It is equipped with four rotors that are driven by electric motors powered by batteries. The UA has a maximum airspeed of 16 m/s. I also plan to operate a UAS, the DJI Inspire 1 system which is comprised of an unmanned aircraft (UA or Inspire 1) and a transportable groun d station. The Inspire 1 is referred to as a quad
copter with a maximum gross weight of about 6.5 pounds. It is equipped with four rotors that are driven by electric motors powered by batteries. The UA has a maximum airspeed of 22 m/s. Pursuant to Section 333 of the FAA Modernization and Reform Act of 2012 (the “Reform Act” ) and 14 CFR Part 11, Richard Scott Braun, operator of Unmanned Aircraft Systems (UAS), hereby applies for an exemption from the listed Federal Aviation Regulations (“FARs”) to allow comm ercial operation of designated UAS, provided such operations are conducted within and under the conditions outlined herein or as may be established by the FAA as required by Section 333. Commercial operation of an UAS, as described herein, which are equipped with camera(s) and sensors, would provide professional services in the following areas: 1. Aerial photography and/or video for public and/or private use including real estate, architecture, land surveying, engineering and other related professional activities. 2. Aerial video and/or photography for public and/or private use including television, public events, cinematography and newsgathering. 3. Aerial inspection/photography of residential/commercial structures under contract with the owners or local government authority. 4. Aerial inspection/photography of residential/commercial utility infrastructure including but not limited to electrical power lines, wind turbines and cell towers. 5. Aerial video/photography or providing live video feed to assist with search and rescue operations in cases of an emergency or natural disaster only when the local authorities or government has requested it by contract or donation. 6. Training to persons individually or belonging to both private and/or public organizations to increase awareness and improve safety for current and future UAS operations within the NAS.3

I Richard Scott Braun respectfully request the grant of an exception to the following specific sections of the Title 14 Code of Federal regulations allowing it to operate lightweight UASs for commercial use, 14 CFR 21, subpart H, 14 CFR 45.23 (b) 14 CFR 91.7 (a), 91.9 (b) (2) 91.103 (b), 91.109, 91.119, 91.121, 91.151, (a), 91.203(a) & (b), 91.405(a), 91.407(a) (1), 91.409(a) & (b). I Richard Scott Braun submits this application in accordance with the Reform Act , 112 P.L. 95 331334, seeking relief from any currently applicable FAR’S operating to prevent Richard Scott Braun future commercial use of small UASs to operate in the national airspace system as described below. The reform Act section 332 provides for such integration of civil unmanned aircraft into our national airspace system as it is in the public’s interest to do so. Richard Scott Braun UASs meet the definition of “small unmanned aircraft” as defined in Section 331 and therefor the integration of these UASs is expressly contemplated by the Reform Act. Richard Scott Braun would like to operate its lightweight UASs prior to the time period by which the Reform Act requires the FAA to promu lgate rules governing such aircraft. The Reform Act directs the Secretary of Transportation to consider whether certain unmanned aircraft systems may operate safely in national airspace before completion of the rule making required under Section 332 of th e reform Act. In making this determination, the Secretary of Transportation is required to determine which UASs do create a hazard to users of the national airspace system or the public or pose a threat to national security in light of the following:

 The UASs size, speed, weight and operational capability  Operation of the UASs in close proximity to airports and populated areas  Operation of the UASs within visual line of sight of the operator Reform Act 333(a). If the secretary determines that such vehicles “may operate safely in National Airspace System, the secretary shall establish requirements for the safe operation in national airspace. Richard Scott Braun UAS’s are rotorcraft weighing less than 55 lbs. and they operate at speeds less than 50 knots an d have the capability to operate in the vertical and horizontal plane simultaneously. The UASs will operate only within the line of sight of the operator within a protected flight area and at 200 feet AGL or less. These will not present a hazard to the nat ional airspace nor the public. The very small nature of these UASs combined with the safe guards presented below, will allow for the safe operation greater than that envisioned by Congress for the FAA to establish and by exemption allow commercial operati ons of UASs to commence immediately. Also due to the size of UASs and the areas and altitudes they will operate approval of this exception presents no national security issues and absolutely minimal safety concerns which have been mitigated through my rigo rous risk management process. Given the clear direction given in Section 333 of the Reform Act, the authority contained in the Federal Aviation Act, as amended, the strong equivalent level of enhanced safety, reduced emissions utilizing UASs verses traditional aircraft as well as the economic impact of greatly4

reducing the cost of aerial photography thereby benefiting the greater public’s inte rest. Accordingly, I Richard Scott Braun requests that the FAA grant the requested exemption without delay. The foll owing will be considered as the binding limitation on operations of Richard Scott Braun’s UAS’s.

 Flights will only occur in t he daylight hours,  Operator and crews will also conduct a risk assessment and discuss any additional safety issues identified by th e client before conducting UAS operations,  Safety to the public and property will be of the highest priority when conducting flight operations,  The operator will post advisor notice around the controlled area,  The operator will be trained and certified in the proper safety and operations of the UAS,  The operator will have been trained in operation of UAS generally and received up
-to-date information on the particular UAS to be operated as required.  Maximum total flight time for each operational flight will be 30 minutes,  Operations will be conducted through the use of checklists to ensure safe, predictable, and consistent outcomes,  Flights will be operated in the line of sight of the operator(PIC) and Observer,(VSO)  Flights will be terminated at any time weather and wind deteriorate to “unsafe for flight” by manufacturers recommendations,  The UASs will weigh less than 55 lbs.,  Flights will be operated at 200 feet AGL or less,  Flights will be terminated at 15% battery power reserve.  Crew will be at a minimum of operator (PIC) and an observer and/or camera operator (VSO),  Operator and crew will remain in contact during the flight operation,  The operator will perform a check of the flight area and make certain of the safety of all persons in the area.  Consent wil l be obtained from all persons within the video capabilities of the units to further reduce the chance of violating anyone’s privacy.  All required FAA clearances will be obtained and distances from airports strictly observed.  All UASs will have the capabil ity to return automatically to the operator in a safe manner with the auto return function checked and working.  Flights will only operate in VFR conditions.  UASs have a function on the control to tell operator the distance away from the operator and its battery power remaining.  Flight team will communicate by voice and the use of two way radio if the area is too big to hear voice from all team members.  When operating over or near water the UASs will be equipped with flotation devices so that recovery can be made as to prevent lithium battery exposure to the water table.  Flights with be operated with a minimum lateral distance of 50 feet from any inhabited structures, buildings, vehicles, vessels or people not associated with the flight operation.5

14 CFR part 21 Subpart H: Airworthiness Certificate 14 CFR 91.7(a), 91.203(a)(1) Subpart H, entitled Airworthiness Certificates, sets forth requirements for procurement of necessary certificates in relation to FAR 91.203(a)(1). The size, weight and defined a rea of operations for Richard Scott Braun UASs flights permits exception from Part 21 because they meet an equivalent level of safety pursuant to Section 333 of the Reform Act. The FAA is authorized to exempt aircraft from the airworthiness certificate requireme nt under both the Act (49 USC 4470(f) and Section 333 of the Reform Act. Both pieces of legislation permit the FAA to exempt UASs from airworthiness certificates in consideration of weight, size, speed, maneuverability and proximity to areas such as airports a nd dense populations. Richard Scott Braun meets or exceeds each of these elements
. As of March 23, 2015 the FAA has stated that it will automatically grant a “blanket” COA for flights at or under 200 AGL to any UASs operator with a section 333 exemptio n. 14 CFR 91.203(a& b) provides for carrying of civil aircraft certifications and registrations. These are inapplicable for the same reasons stated above. The equivalent level of safety will be achieved by maintaining such certifications and registrations at Richard Scott Bra un’s home office
. 14CFR91.7 (a) prohibits the operation of an aircraft without an airworthiness certificate. As no such certificate will be applicable in the form contemplated by FAR’s t his regulation is inapplicable. 14 CFR 91.9(b)(2) Civil Aircraft Flight Manual in Aircraft 14 CFR 91.9(b)(2) requires an aircraft flight manual in the aircraft. As there are no pilots or passengers, and given the size of the UASs this regulation is inapplicable. An equivalent level of safety will be achieved by maintaining such certifications and registrations at Richard Scott Braun home office
. The FAA has previously issued exemptions to thi s regulation in Exemptions No’s 8607, 8737, 8738, 9299, 9299A, 9565, 9565B, 10167, 10167A, 10602, 10700 and 32827. 14 CFR 91.119 Min imum safe altitudes, prescribes safe altitudes for operation of civil aircraft. It allows helicopters to be operated at lower altitudes in certain conditions. I Richard Scott Braun will only operate its UASs at or below 400AGL. They will be operated on a well
-defined area that has been carefully reviewed for hazards and minimizes the presence of any persons not essential for these operations. Flights will only be over private property that the owner has consented and all persons within this video area also give consent for this filming. Compared to flight operations of conventional and traditional aircraft or rotorcraft weighing far more than 50 lbs., operating below 500 AGL with flammable fuel UASs operations present a far smaller risk to the public. Approval of these 333 Exemptions allowing commercial operations of small UASs in the service of aerial photography will greatly enhance safety by reducing the overall risk associated with traditional aircraft. Traditional aerial photography requires large airc raft with flammable fuel to fly in close proximity of populated areas and people in general. With the use of small UASs of 55 lbs. or less, battery operated and flying below 200 feet AGL the risk of injury of people on the ground or the crew has been reduced or almost erased.6

Granting Richard Scott Braun the above exemption will allow for the expansion of UAS systems in to the future for the safe conduct of free enterprise and the enjoyment of the masses. Richard Scott Braun respectfully requests the FAA grant its exception without delay. The FAA has the authority to issue the exemption sought by Richard Scott Braun pursuant to the Federal Aviation Act, 85 P.L. 726 (1958) as amended (the ACT). Sincerely Richard Scott Braun RN 1503 Inverness Road Lynn Haven, Florida 32444 Shiccacal@yahoo.com 850
-774
-9563