Jesse Brauning/ Pilot/ Click Rain Inc. 

### I Owner -Section 333 Exemption Petition

August 01, 2015

U. S. Department ofTransportation Docket Management System 1200 NewJerseyAve, SE Washington, DC 20590

RE: Exemption Request Section 333 ofthe FAA Reform Act ofthe Federal Aviation Regulations from 14 C.F.R. 45.23{b); 14 C.F.R. Part 21; 14 C.F.R. 61.113(a)&(b); 91.7(a); 91.9(b); (2); 91.103(b); 91.109; 119.121; 91.1SI(a); 91.203(a)&(b); 91.405(a); 91.407(a) (1); 91.409(a) (2); 91.417 (a)&(b)

Dear Sir or Madam,

I, Jesse Brauning, am writing pursuantto the FAA Modernization and Reform Act of2012 and the procedures contained within 14 C.F.R. 11, to request that I, Jesse Brauning, an operator ofsmall unmanned aircraft, be exemptfrom the Federal Aviation Regulations ("FARs") listed below so that I, Jesse Brauning, may operate my company's small ultra-lightweight unmanned aircraft system ("sUAS") commercially in airspace regulated bythe FederalAviation Administration ("FAA").

Asdescribed herein, I, Jesse Brauning, am acreative media strategist at Click Rain, Inc. in Sioux Falls, South Dakota. I am a video production expert, with a degree in Digital Media Production from Dordt College, in Sioux Center, lA and eightyears ofexperience in commercial video production. Click Rain has recently purchased a DJI Inspire 1quad-copterwhich is equipped with a camera and intended for aerial videography/cinematography.
My, Jesse Brauning's, exemption requestwould permit operation ofthe ultra-lightweight, unmanned (piloted by remote control) and comparatively inexpensive sUAS(s) in tightly controlled and limited airspace. Predetermined in areas awayfrom general public, airports, heliports and vehiculartraffic and within property boundaries oflocal businessesforthe purpose ofcreating videos/photos. Currently, similar lightweight, remote control sUAS's are legally operated by unmonitored amateur hobbyists with no safety plan or controls in place to prevent catastrophe. I, Jesse Brauning, will avoid and prevent public hazard, as well as manned aircraft hazards/catastrophethrough application ofstandard safety protocols.
Granting my, Jesse Brauning's, request comports with the Secretary ofTransportation's (FAA Administrator's) responsibilities and authorityto not only integrate sUAS's into the national airspace system, but to "

... establish requirements forthe safe operation ofsuch aircraft systems [sUAS's] in the national airspace system" under Section 333(c) ofthe Reform Act specificto the use ofsUAS's

.. Further, I, Jesse Brauning, will conduct my operations in compliance with the protocols described herein or as otherwise established bythe FAA.

Forthe reasons stated below, I, Jesse Brauning, respectfully request the grant ofan exemption allowing me to operate ultra-lightweight, remote controlled sUAS'sfor academic community awarenesstoJesse Brauningl Pilot! Click Rain Inc. 

### I Owner -Section 333 Exemption Petition benefit/stimulate attraction to the Sioux Falls, South Dakota area and to enhance local travel and tourism industry videos to give a glimpse ofSouth Dakota's natural beautyto people all overtheworld. Both ofwhich will promote local economicgrowth through increased tourism.



### I. Contact Information:

Jesse Brauning 

### I Creative Media Strategist 

### IsUAS Pilot Click Rain, Inc 300 N Phillips AVE Suite 110 Sioux Falls, SD 57104

Phone: 605-275-6010 E-Mail: jesse@clickrain.com



### II. The Specific Sections ofTitle 14 ofthe Codeof Federal Regulations From Which Jesse Brauning Requests Exemption are:
14CFR21; 14 C.F.R. 45.23(b); 14 CFR 61.113 (a) & (b); 14 C.F.R. 91, et seq.; 14 CFR 407 (a) (1); 14 CFR 409 (a) (2); and, 14 CFR 417 (a) & (b).



### Ill. The Extent of reliefJesse Brauning seeks and the Reason He Seeks Such Relief:

I, Jesse Brauning, submitthis application in accordancewith the Reform Act, 112 P.L. 95 

### §§ 331-334, seeking relieffrom any currently applicable FARs operating to prevent me, Jesse Brauning, contemplated commercial cinematic, academic and otherflight operationswithin the national airspace system. The ReformAct in Section 332 provides for such integration ofcivil unmanned aircraft systems into our national airspace system as it is in the public's interestto do so. My, Jesse Brauning's, ultra-lightweight sUAS meetsthe definition of"small unmanned aircraft' as defined in Section 331, and therefore, the integration ofmy ultra-lightweight sUAS is expressly contemplated bythe Reform Act. Iwould like to operate my ultra-lightweight sUAS priorto the time period bywhich the ReformAct requires the FAAto promulgate rules governing such craft. Thereby, providing direct experience and valuable information for formal regulation that can be administered uniformlyto all travel, tourism & real estate sUAS aerial video and photography. The Reform Act guides the Secretary in determining the types of sUAS'sthat mayoperate safely in our national airspace system. Considerations include: Theweight, size, speed and overall capabilities ofthe sUAS's; Whetherthe sUAS will be operated nearairports or heavily populated areas; and, Whetherthe sUAS will be operated by line ofsight. 112 P.L. 95 

### § 333 (a). Each ofthese items reflect in favor ofan exemption for me, Jesse Brauning. My sUAS utilizes four (4) counterrotating propellersfor balance, control and stability. MysUAS is equipped with GPS and auto return safetytechnology. Weighing less than eight (8) pounds (far below the maximum 55 pound limit); including camera with gimbal.

I, Jesse Brauning, consider safety as foremostwith each flight. Mysmall unmanned aircraft is designed to hover in place via GPS and operate in lessthan a 24 knot (15 mph) wind. For safety, stability and fear offinancial loss, IJesse Brauning/ Pilot/ Click Rain Inc. 

### I Owner -Section 333 Exemption Petition
will not fly in winds exceeding 16 kph {10 mph). Built in safety systems, include a GPS mode that allows my sUAS to hover in place when radio controls are released. When pilot communication is lost, sUAS is designed to slowly descend to the point oftake-off. I do not operate my sUAS near airports, hospital nor police heliports, and do not operate near areaswhere general public is within fiftyto one hundred (50-100) yards depending on location, conditions and weather. I am constantly on alertfor any manned aircraft (Police/Medical helicopters, etc.) and prepared to land/abort immediatelyto the nearest and safest ground point should a manned aircraft approach my location or Isuspect manned aircraft my approach near my location. MysUAS is capable ofvertical and horizontal operations, and is flown onlywithin my-- the remote control pilot's

-- line ofsight. Utilizing battery power rather than combustible fuels, flights generally last between three (3) to seven (7) minutes, with an altitude under one hundred fifty {150) feet. I, Jesse Brauning, utilize afresh fully charged batterywith each flight as a safety precaution; full flight time limit for each battery is nine (9) to twelve (12) minutes as tested. I do not operate mysUAS at or below manufacturer recommended minimum charge levelsfor operation; preferring to remain well within safe operating range to insure adequate communication between radio control and sUAS to eliminate potential for crash, loss ofcontrol or hazard. Reserve batteries are at hand with each exercise to insure replacement for sufficient safe level ofoperation. Ido not believe in taking risk that may cause a crash, that could create hazard to the public/property/manned aircraft, and have no desire to lose an investment. I have clocked practice flights in familiarization with the characteristics ofthis specific sUAS's performance under different temperature and weather conditions.

I, Jesse Brauning, am extremely cautious when operating mysUAS/ultra-lightweight unmanned aircraft and will not "create a hazard to users ofthe national airspace system ofthe public." 112 P. 

### L. 95 

### § 333 (b). Given the small size and weight ofmysUAS, it falls well within Congress's contemplated safetyzone when it promulgated the Reform Act and the corresponding directive to integrate sUAS's into the national airspace system. Jesse Brauning's sUAS, used in hobbyflight, has a demonstrable safety record and does not pose any threat to the general public or national security.



### IV. HowJesse Brauning's RequestWill Benefitthe Public as aWhole:

It is my objective to provide this service with a "safetyfirst" mindset so that the eventual commercialization of sUAS flight is not affected negatively bythosewho are doing this without propertraining. Congress has already proclaimed that it is in the public's interestto integrate commerciallyflown sUAS's into the national airspace system, hencethe passing ofthe Reform Act. Granting my, Jesse Brauning's, exemption request furthers the public interestthrough academic/visual awareness ofthe geographical benefits in and around the Northern California area. My ultra-lightweight sUAS is battery powered and creates no emissions that
can harmthe environment. The consequence ofmy ultra-lightweight sUAS crashing is far less than afull size helicopter or fixed wing aircraft; which are heavy, contain combustible fuel and can cause catastrophic devastation to the public. The public's interest is furthered by minimizing ecological and crash threat by permitting aerial video/photo capture through my battery operated ultra-lightweight sUAS's. Permitting me, Jesse Brauning, to immediatelyflywithin national air space furthers economicgrowth. Granting myexemption request substantiallyfurthers the economic impactforthe Northern California counties of ElDorado, Nevada and Placer communities for companies looking to relocate and build in the said areas aswell as individuals looking to relocate for
career advancement through academic and geographical awareness. Both ofwhich serve as a stimulus to the community.Jesse Brauning/ Pilot/ Click Rain Inc. 

### I Owner -Section 333 Exemption Petition 

### V. Reasons WhyJesse Brauning's Exemption Will NotAdversely Affect Safety Or HowThe Exemption Will Provide a Level of SafetyAt Least Equal To Existing Rule:
My, Jesse Brauning's, exemption will not adversely affectsafety. Quite the contrary, for the reasons stated permitting me, Jesse Brauning, to log moreflight time in FAA controlled airspace, with communication with the FAA, will allow me to contribute to the innovation and implementation ofnew and novel,
as ofyet undiscovered safetydevelopment in cooperation with the FAA. In addition, I, Jesse Brauning, submit the following representations ofenhancements to current aerial videography and photographyfor real estate:

• My sUAS weighs less than eight (8) pounds; I only operate mysUAS below200 feet (wellwithin the 400 foot permissible ceiling set bythe FAA Modernization and Reform Act of2012); MysUAS only operatesfor 3 - 7 minutes perflight; I land mysUAS priorto manufacturer recommended minimum level ofbattery power; I pilot mysUAS through remote control only by line ofsight and with an additional spotter; My sUAS has GPS and aflight safetyfeature whereby it hovers and then slowly lands if communication with the remote control pilot is lost; I actively analyze flight data and other sources ofinformation to constantly update and enhance safety protocols; I only operate in reasonably safe environmentsthat are strictly controlled, are awayfrom power lines, elevated lights, airports and actively populated areas; I conduct extensive pre-flight inspections and protocol, during which safety carries primary importance; I always obtain all necessary permissions priorto operation; and, I have procedures in place to abort flights in the event ofsafety breaches or potential danger.
My, Jesse Brauning's, safety protocols provide a level ofsafety equal to or exceeding existing rules. It is important to note that absentthe integration ofcommercial sUAS into our national airspace system, helicopters are the primary means ofaerial video and photographyfor community awareness and real estate. While the safety record ofsuch helicopters is remarkably astounding, there has been local incident involving loss oflife as well as extensive property damage; ifis far saferto operate a battery powered ultra-lightweight sUAS.

First, the potential loss oflife is diminished because sUAS's carry no people on board and I only operate my sUAS in specificareas awayfrom mass populations. Second, there is no fuel on board a sUAS and thus the potential forfire or explosion is greatlydiminished. Third, the small size and extreme maneuverability ofmy sUAS allow me to remotely pilot awayfrom and avoid hazards quickly and safely. Lastly, given its small size and weight, even when close enough to capture amazing images, mysUAS need not be so close to the objects they are focused on through the technology and use ofpost editing software allowing pan and zoom.
Accordingly, my sUAS has been experimentally operated forfamiliarization/competency and will continue to operate at and above current safety levels.Jesse Brauning/ Pilot/ Click Rain Inc./Owner-Section 333 Exemption Petition 

### VI. A Summary The FAA May Publish in the Federal Register:



### A. 14 C.F.R. 21 and 14 C.F.R. 91: Airworthiness Certificates, Manuals and The Like.

14 C.F.R. 21, Subpart H, entitled Airworthiness Certificates, sets forth requirements for procurement ofnecessary airworthiness certificates in relation to FAR§ 91.203(a)(l). The size, weight and enclosed operational area ofmy, Jesse Brauning's, sUAS permits exemption from Part 21 because my sUAS meets (and exceeds) an equivalent level ofsafety pursuantto Section 333 ofthe Reform Act. The FAA is authorized to exempt aircraftfrom the airworthiness certificate requirement under both the Act (49 U.S.C § 44701 

### (f) and Section 333 ofthe Reform Act. Both pieces oflegislation permitthe FAA exempt sUAS'sfrom the airworthiness certificate requirement in consideration oftheweight, size, speed, maneuverability and proximityto areas such as airports and dense populations. My, Jesse Brauning's, current and projected sUAS's meet or exceed each ofthe elements. 14 C.F.R. 91.7(a) prohibits the operation ofan aircraftwithout 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) requires an aircraftflight manual in the aircraft. Asthere are no on board pilots or passengers, and given the size ofthe sUAS's, this Regulation is inapplicable. An equivalent level ofsafetywill be achieved by maintaining a safety/flight manual delineating
areas ofwhere safety can be defined. The FAA has previously issued exemptions to this regulation in Exemption Nos. 8607, 8737, 8738, 9299, 9299A, 9565, 95658, 10167A, 10602, 10700 and 32827.

14 C.F.R. § 91.121 regarding altimeter settings is inapplicable insofar as mysUAS utilizes electronic global positioning systemswith a barometricsensor.

14 C.F.R. § 91.203 (a) and (b) provides forthe carrying ofcivil aircraft certifications and registrations. They are inapplicable forthe same reasons described above. The equivalent level ofsafetywill be achieved by maintaining any such required certifications and registrations by me, Jesse Brauning.

B. 14 C.F.R. § 61.113: Private Pilot Privileges and Limitations: PIC.
Applicable Codes ofFederal Regulation require aircraftto be marked according to certain specifications. My sUAS are, bydefinition, unmanned. Theytherefore do not have a cabin, cockpit or pilot station on which to markcertain words or phrases. Further, two-inch lettering is difficultto place on such small aircraft with dimensions smallerthan minimal lettering requirement. Regardless, Iwill mark its sUASs in the largest possible lettering by placing the word "EXPERIMENTAL" on itsfuselage as required by 14 C.F.R § 45.29 

### (f) so that Ithe pilot, or anyone assisting me as a spotterwith the UAVwill see the markings. The FAA has previously issued exemptions to this regulation through Exemptions Nos. 8738, 10167, 10167A and 10700.

C. 14 C.F.R § 61.113: Private Pilot Privileges and Limitations: PIC. Jesse Brauning/ Owner/sUAS Pilot, ElDorado Hills, CA-Section 333 Exemption Petition

Pursuant to 14 C.F.R. §§ 61.113 (a) 

### & (b), private pilots are limited to non-commercialJesse Brauning/ Pilot/ Click Rain Inc. 

### I Owner-Section 333 Exemption Petition operations. I, Jesse Brauning, can achieve an equivalent level ofsafety as achieved by current Regulations because mysUAS does not carry any pilots or passengers. Further, while helpful, a pilot license will not ensure remote control piloting skills. The risks attended to the operation ofmy sUAS is far less than the risk levels inherent in the commercial activities outlined in 14 C.F.R. § 61, et seq. Thus, allowing me, Jesse Brauning, to operate my sUAS meet and exceed current safety levels in relation to 14 C.F.R. § 61.113 (a) & (b).

D. 14 C.F.R. 91.119: Minimum SafeAltitudes.

14 C.F.R. § 91.119 prescribes safe altitudes for the operation ofcivil aircraft. It allows helicopters to be operated at lower altitudes in certain conditions. MysUAS will never operate at an altitude greaterthan 200AGL; safely belowthe standard of400 AGL. I, Jesse Brauning, will however operate mysUAS in safe areas awayfrom public and traffic, providing a level ofsafety at least equivalent to or belowthose in relation to minimum safe altitudes. Given the size, weight, maneuverability and speed ofmy sUAS, an equivalent
or higher level ofsafetywill be achieved.

E. 14 C.F.R. 91.405 (a); 407 (a) (1); 409 (a) (2); 417 (a) & (b): Maintenance Inspections.

The above-cited Regulations require, amongst otherthings, aircraft owners and operators to "have [the] aircraft inspected as prescribed in subpart E ofthis part and shall between required inspections, except as provided in paragraph (c) ofthis section, have discrepancies repaired as prescribed in part 43 ofthis chapter

.... "

These Regulations only applyto aircraftwith an airworthiness certificate. Theywill not, therefore, applyto my, Jesse Brauning's, sUAS. However, as a safety precaution, I inspect my sUAS before and after each flight.



### A Summary The FAA May Publish in the Federal Register: A. 14 C.F.R. 21 and 14 C.F.R. 91:

Airworthiness Certificates, Manuals and The Like. 14 C.F.R. 21, Subpart H, entitled Airworthiness Certificates, sets forth requirements for procurement ofnecessary airworthiness certificates in relation to FAR§ 91.203{a)(l). The size, weight and enclosed operational area ofmy sUAS permits exemption from Part 21 because my, Jesse Brauning's, sUAS meets an equivalent level ofsafety pursuantto Section 333 ofthe Reform Act. The FAA is authorized to exempt aircraftfrom the airworthiness certificate requirement under both theAct (49 U.S.C. § 44701 

### (f)) and Section 333 ofthe Reform Act. Both pieces oflegislation permit the FAAto exempt sUAS's from the airworthiness certificate requirement in consideration ofthe weight, size, speed, maneuverability and proximityto areas such as airports and dense populations. MysUAS meets or exceeds each ofthese elements. 14 C.F.R 91.7(a) prohibits the operation ofan aircraftwithout an airworthiness certificate. As no such certificate will be applicable in the form contemplated bythe FARs, this Regulation is inapplicable. 14 C.F.R. § 91.9 (b) (2) requires an aircraftflight manual in the aircraft. As there are no pilots or passengers, and given the size ofthe sUAS's, the Regulation is inapplicable. An equivalent level ofsafetywill be achieved by maintaining a manual. The FAA has previously issued exemptionsto this regulation in Exemption Nos. 8607, 8737, 8738, 9299, 9299A, 9565, 95658, 10167, maintenance programthat involves regular software updates and curative measuresfor anydamaged hardware. Therefore, an equivalent level ofsafetywill be achieved.Jesse Brauning/ Pilot/ Click Rain Inc. 

### IOwner -Section 333 Exemption Petition

In Summary, Jesse Brauning seeks an exemption from thefollowing Regulations:

14 C.F.R. 21, subpart H; 14 C.F.R. 45.23(b); 14 C.F.R. 

### §§61.113 (a) & (b); 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. 

### § 91.109; 14 C.F.R. 

### § 91.119; 14 C.F.R. 

### § 91.121; 14 C.F.R. 

### § 91.151 (a); 14 C.F.R. 

### §§ 91.203 (a) and (b); 14 C.F.R. 

### § 91.405 (a); 14 C.F.R. 

### § 91.407 (a)(l); 14C.F.R. 

### § 91.409 (a)(2); 14 C.F.R. 

### § 91.409 (a)(2); and 14 C.F.R. 

### §§ 91.417 (a) & (b) to commercially operate my, Jesse Brauning's, smalllightweight unmanned aircraftvehicle in travel, tourism and real estate operations. Currently, aerial videography/photography relies primarily on the use oflarger aircraft running on combustible fuel,posing potential risktothe public. Granting my, Jesse Brauning's, request for exemption will reduce current risk levels and thereby enhance safety. My sUAS craft does not contain potentially explosive fuel, is smaller, lighter and more maneuverable than conventional real estate video and photographic aircraftwith much less flighttime. Furthermore, I operate at lower altitudes and in controlled airspace eliminating potential public risk flying to and from established airfields. I, Jesse Brauning, have been informally analyzing flight information and will compile safety protocols and the implementation ofa flight operations manualthatexceeds currently accepted means and methodsfor safe flight. Formal collection ofinformation shared with the FAAwill enhancethe FAA's internal efforts to establish protocols for complying withthe FAA Modernization and ReformAct of2012. There are no personnel on board my, Jesse Brauning's, sUAS, and therefore, the likelihood ofdeath or serious bodily injury is significantly diminished. My, Jesse Brauning's, operation ofmysUAS weighing lessthan 8 pounds and traveling at lowerspeedswithin limited areas, will provide an equivalent level ofsafety as that achieved under current FARs. Accordingly, I, Jesse Brauning, respectfully request thatthe FAA grant myexemption request. Iam willing to cooperate in sharing informationto benefit the FAA, safety ofmanned aircraft and the general public at large.
Respectfully submitted, Jesse Brauning, Creative Media Strategist Click Rain, Inc 300 N Phillips Ave, Suite 110 Sioux Falls, SD 57104