# BRAU INTERTEC

TheScienceYouBuild On

. September 14, 2015
Docket Operations, M-30 U.S. Department ofTransportation Docket Management System 1200 New Jersey Ave S.E. Washington, D

.C. 20590 Subject: Section 333 Petition for Exemption 14 CFR
Dear Sir or Madam: Braun lntertec Corporation 11001 Hampshire Avenue S Minneapolis, MN 55438 Phone: 952.995

.2000 Fax: 952.995.2020 Web: braunintertec.com

This letterserves as a petition for exemption from specific rules contained in Title 14 ofthe Code of Federal Regulations (14CFR), regarding the operation ofasmall, unmanned aircraft system (small UAS) in the National Airspace System (NAS). This petition has been prepared and filed in accordance with 14 CFR § 11.81. 

### Operation ofthe UnmannedAircraft The UAS will be used for civil operations by Braun lntertec Corporation, a professional geotechnical engineering, environmental consulting, geothermal consulting, building envelope consulting, and materials testing firm, forthe propose ofconducting site reconnaissance for both public and private civil construction projects, including building and bridge inspections. The UAS will be used to gather aerial still photography, and videos for use in structural and utility inspections and construction site evaluation. These operations would benefitthe public as a whole by enabling enhanced acquisition ofexisting topography for use in the preparation ofdetailed environmental and engineering studies. Aerial photography would also serve as a historical record, which is commonly shared with federal, state, and local agencies.
We intend to implement all ofthe OperationalLimitations, outlined in Proposed Part 107 ofthe Notice of Proposed Rulemaking (NPRM), at a minimum. These limitations will ensure the same level ofsafety offered by the rules forwhich the exemption is sought. By adhering to the OperationalLimitations, the proposed UAS operation will minimize risk to the NAS, and to persons and property on the ground. The UAS will be operated in Class Gairspace only, and flights will not exceed 400 feet in elevation above ground level (AGL).
UAS equipment will be limited to twovehicles, the DJI Phantom 3 Professional (see Exemption Nos

. 11293A, 11481, 11735A, 12706, +)and the Trimble ZX5 (see Exemption No. 11110B), both ofwhich have been previously approved under priorexemptions. Operations will be limited to daylight-only in Class Gairspace, using visual line-of-sight (VLOS), in sparsely populated areas. Operations will also remain:

• 5 nautical miles (NM) from an airport having an operational control tower; or • 3 NM from an airport with a published instrument flight procedure, but not an operational tower: or • 2 NM from an airport without a published instrument flight procedure or an operational tower; or • 2 NM from a heliport with a published instrument flight procedure. AA/EOEPriorto each flight, the Pilot In Command {PIC) will perform a preflight inspection ofthe UAS, and followthe manufacturer's preflight checklist. In addition, an Airplane Flight Manuai/DJI Phantom 3 User Manual {AFM) orthe Trimble ZX5 Operations Manual will also be available for each flight.
The UAS specifications forthe DJI Phantom 3 Professional can be found in the Phantom 3 User Manual, which is included in this submittal. The aircraft loads will include acamera and intelligentflight battery, and are included in the total weight ofthe aircraft, which is approximately 5

.0 lbs. The Phantom 3 Safety Guidelines also provide recommendations forthe safe operation ofthe UAS, and potential hazards.
The UAS specifications forthe Trimble ZX5 can be found in the attached Trimble ZX5 Operations Manual. The aircraft loads will include a camera and intelligentflight battery. The maximum weight ofthe aircraft, depending on payload, is limited to 111bs. The Trimble ZX5 Operations Manual also includes recommendations forthe safe operation ofthe UAS, and potential hazards. 

### UnmannedAircraftPilot in Command{PIC} The Pilot in Command {PIC) will be Robert Malecha, who holds a private pilot license for single engine land aircraft, Certification Number3678338. Mr. Malecha has logged over 600 hours offlight time in a fixed-wing single-engine land aircraft. He holds aThird Class medical certificate. As pilot in command, he will assume the final authority and responsibility forthe operation and safety ofthe flight. He will also be responsible for staying abreast ofthe latest FAA regulations, through the "Know Before You Fly" program. Operations will include avisual observer {VO) and assure thatvisual line ofsight {VLOS) is maintained.


### UnmannedAircraftSystem The UAS will be the Phantom 3, which is manufactured by DJI. All manufacturers recommendations related to safety guidelines will be referenced to ensure the safe operation ofthe small UAS in the NAS. This includes all DJI instructional videos and written Safety Guidelines forthe Phantom 3.
As PIC, Mr. Malecha will implementthe Operational Limitations outlined in Proposed Part 107 ofthe Notice of Proposed Rulemaking {NPRM), Volume 80, No. 35 ofthe Federal Register, dated Monday, February 23, 2015

. Maintenance and repair will be performed as necessary, and a maintenance record will be recorded in a repair logbook

.This will ensure thatthe UAS is in asafe condition forflight

.The maintenance section from the Safety Guidelinesforthe Phantom 3 will be used as a reference, and has been included in this submittal. The UAS will also be registered in accordance with Part 47 ofthe 49 UCS § 44711.
Rules for which we seekexemption are S(.!mmarizedbelow, and inciL!de: 

### 1) 14CFR, Part 21, Subpart H

### -Airworthiness Certificates i. This section pertains to requirements forthe issue ofairworthiness certificates. Proposed Part 107 ofthe NPRM concluded that, requiring small UAS operators to conduct inspection and maintenance ofthe small UAS pursuantto the existing regulations of 14CFR part43, orto obtain a permitto operate {PTO), would not result in significant safety benefits. 

### 2) 14 CFR, part 91 § 91.103- 

### PreflightAction i. This section pertains to preflight actions for IFR flights, and reviewing information related to runway lengths, and takeoffand landing distances

.The small UAS will never beflown under IFR conditions, and takeoffand landing distances are not afactor on a rotorcraft. The small UAS will undergo a preflight assessment, which will include: (1) Local weather conditions; (2) local airspace and flight restrictions; (3) the location ofpersons and property on the ground; (4) any otherground hazards. 

### 3) 14 CFR, part 91 § 91.109- 

### FlightInstruction i. This section pertains to aircraft being used forflight instruction. The small UAS will not be used forflight instruction. 

### 4) 14 CFR, part 91 § 91.119- 

### Minimum SafeAltitudes i. This section pertains to minimum altitudes forflight, which are a minimum of500 feet above the surface, and greater. The small UAS will be flow at a maximum altitude of 400 feet AGL. This rule would not be applicable to Proposed Part 107 ofthe NPRM. 

### 5) 14 CFR, part 91 § 91.121-

### AltimeterSettings i. This section pertains to cruising altitudes and flight levels as referenced by altimeter settings. In addition, the rule pertains to flights that are above a minimum altitude of500 feet. The small UAS does not contain an altimeter, and will be flown at a maximum altitude of400 feetAGL. This rule would not be applicable to Proposed Part 107 ofthe NPRM

. 

### 6) 14 CFR, part 91 § 91.151- 

### FuelRequirementsfor VFR Conditions i. This section pertains to fuel requirements in VFR conditions when flying an aircraft to the first point of intended landing. The small UAS will be flown on battery power, and will remain within avisual line-of-sight (VLOS) at all times. This rule would not be applicable to Proposed Part 107 ofthe NPRM. 

### 7) 14 CFR, part 91 § 91.203(a)(1)- 

### CivilAircraft Certifications i. This section pertains to airworthiness certificates originally designed for manned aircraft. It is not practicallyfeasible for small UAS manufacturers to complete the certification process required of manned aircraft

. Proposed Part 107 ofthe NPRM has accommodated non-recreational small UAS use through a certificate ofwaiver or authorization (COA). The UAS will be registered with the FAA, and a COA would be requested subsequent to the Section 333 exemption process. 

### 8) 14 CFR, part 91 § 91.405- 

### Maintenance Required i. This section pertains to the maintenance ofmanned aircraft. Proposed Part 107 of the NPRM concluded that, requiring small UAS operatorsto conduct inspection and maintenance ofthe small UAS pursuant to the existing regulations of 14 CFR part 43, orto obtain a permitto operate (PTO), would not result in significant safety benefits. 

### 9) 14CFR, part 91 § 91.407- 

### OperationAfterMaintenance, PreventativeMaintenance i. This section pertains to aircraft maintenance, preventative maintenance, and alterations for manned aircraft. The small UAS will not carry persons, and will not be altered to change flight characteristics. 

### 10) 14 CFR, part 91 § 91.409- 

### Inspections i. This section pertains to manned aircraft inspections. Proposed Part 107 ofthe NPRM concluded that, requiring small UAS operators to conduct inspection and maintenance ofthe small UAS pursuant to the existing regulations of 14 CFR part 43, or to obtain a permitto operate (PTO), would not result in significant safety benefits. 

### 11) 14 CFR, part 91 § 91.417- 

### Maintenance Records i. This section pertains to maintenance records for manned aircraftforthe 100-hour, annual, and progressive periods. These rules are impractical for a small UAS, and would not result in significant safety benefits. Maintenance records forthe small UAS will be kept as required.Summary of Ru les for Exemption : Sections of 14 CFR: parts 21 and 91. Specifically including sections: part 21, Subpart H, § 91.103, § 91.109, § 91.119, § 91.121, § 91.151, § 91.203(a)(1), § 91.405, § 91.407, § 91.409, § 91.417

. Description of Relief Sought: Braun lntertec Corporation is seeking an exemption to commercially operate asmall unmanned aircraft system (sUAS), 11 pounds or less including payload, to perform various operationswhich include, but are not limited to: aerial acquisition and research in support ofpublic and private civil construction projects, aerial photographyfor utilitycompanies, local infrastructure, engineering studies, flood studies and surface modeling, mining, and surveying.
Conclusion Due totheir light weight, small-unmanned aircraft generally pose asignificantly lower risk to people and property on the ground, as compared to manned aircraft. The size, weight, speed, and capability ofthe Phantom 3 UAS and Trimble ZX5 will not create a hazard to the users ofthe NAS orthe general public, norwill it pose athreatto national security. Grantingthis requestfor exemption would not adversely affect safety, and would be in the public interest.
The UAS will be registered with the FAA, and upon receiving agrant ofexemption a "blanket" 200-foot Certificate ofWaiver orAuthorization (COA) would be requested.

Sincerely, Braun lntertec Corporation