BRAU 

INTERTEC 

The Science You Build On. 

September 14, 2015 

Docket Operations, M-30 

U.S. Department of Transportation 

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 letter serves as a petition for exemption from specific rules contained in Title 14 of the Code of 

Federal Regulations (14CFR), regarding the operation of a small, 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 of the Unmanned Aircraft 

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, for the propose of conducting 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 benefit the public as a whole by enabling enhanced acquisition 

of existing topography for use in the preparation of detailed 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 of the Operational Limitations, outlined in Proposed Part 107 of the 

Notice of Proposed Rulemaking (NPRM), at a minimum. These limitations will ensure the same level 

of safety offered by the rules for which the exemption is sought. By adhering to the 

Operational Limitations, 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 G airspace only, and flights will not exceed 

400 feet in elevation above ground level (AGL). 

UAS equipment will be limited to two vehicles, the DJI Phantom 3 Professional (see Exemption Nos. 

11293A, 11481, 11735A, 12706, +)and the Trimble ZX5 (see Exemption No. 11110B), both of which 

have been previously approved under prior exemptions. 

Operations will be limited to daylight-only in Class G airspace, 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/EOE 
Prior to each flight, the Pilot In Command {PIC) will perform a preflight inspection of the UAS, and 

follow the manufacturer's preflight checklist. In addition, an Airplane Flight Manuai/DJI Phantom 3 User 

Manual {AFM) or the Trimble ZX5 Operations Manual will also be available for each flight. 

The UAS specifications for the DJI Phantom 3 Professional can be found in the Phantom 3 User Manual, 

which is included in this submittal. The aircraft loads will include a camera and intelligent flight battery, 

and are included in the total weight of the aircraft, which is approximately 5.0 lbs. The Phantom 3 Safety 

Guidelines also provide recommendations for the safe operation of the UAS, and potential hazards. 

The UAS specifications for the Trimble ZX5 can be found in the attached Trimble ZX5 Operations Manual. 

The aircraft loads will include a camera and intelligent flight battery. The maximum weight ofthe 

aircraft, depending on payload, is limited to 111bs. The Trimble ZX5 Operations Manual also includes 

recommendations for the safe operation of the UAS, and potential hazards. 

Unmanned Aircraft Pilot in Command {PIC} 

The Pilot in Command {PIC) will be Robert Malecha, who holds a private pilot license for single engine 

land aircraft, Certification Number 3678338. Mr. Malecha has logged over 600 hours of flight time in a 

fixed-wing single-engine land aircraft. He holds a Third Class medical certificate. As pilot in command, 

he will assume the final authority and responsibility for the operation and safety of the flight. He will 

also be responsible for staying abreast ofthe latest FAA regulations, through the "Know Before You Fly" 

program. Operations will include a visual observer {VO) and assure that visual line of sight {VLOS) is 

maintained. 

Unmanned Aircraft System 

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 of the small UAS in the NAS. 

This includes all DJI instructional videos and written Safety Guidelines for the Phantom 3. 

As PIC, Mr. Malecha will implement the Operational Limitations outlined in Proposed Part 107 of the 

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 that the UAS is in a safe condition for flight. The maintenance section 

from the Safety Guidelines for the 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 of the 49 UCS § 44711. 

Rules for which we seek exemption are S(.!mmarized below, and inciL!de: 

1) 14 CFR, Part 21, Subpart H -Airworthiness Certificates 

i. This section pertains to requirements for the issue of airworthiness certificates. 

Proposed Part 107 ofthe NPRM concluded that, requiring small UAS operators to 

conduct inspection and maintenance of the small UAS pursuant to the existing 

regulations of 14 CFR part 43, or to obtain a permit to operate {PTO), would not result in 

significant safety benefits. 

2) 14 CFR, part 91 § 91.103- Preflight Action 

i. This section pertains to preflight actions for IFR flights, and reviewing information 

related to runway lengths, and takeoff and landing distances. The small UAS will never be 
flown under IFR conditions, and takeoff and landing distances are not a factor 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 of persons and property 

on the ground; (4) any other ground hazards. 

3) 14 CFR, part 91 § 91.109- Flight Instruction 

i. This section pertains to aircraft being used for flight instruction. The small UAS will 

not be used for flight instruction. 

4) 14 CFR, part 91 § 91.119- Minimum Safe Altitudes 

i. This section pertains to minimum altitudes for flight, which are a minimum of 500 

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 of the NPRM. 

5) 14 CFR, part 91 § 91.121- Altimeter Settings 

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 of 500 

feet. The small UAS does not contain an altimeter, and will be flown at a maximum altitude 

of 400 feet AGL. This rule would not be applicable to Proposed Part 107 of the NPRM. 

6) 14 CFR, part 91 § 91.151- Fuel Requirements for 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 a visual line-of-sight (VLOS) at all times. This rule would not be applicable 

to Proposed Part 107 of the NPRM. 

7) 14 CFR, part 91 § 91.203(a)(1)- Civil Aircraft Certifications 

i. This section pertains to airworthiness certificates originally designed for manned 

aircraft. It is not practically feasible for small UAS manufacturers to complete the 

certification process required of manned aircraft. Proposed Part 107 of the NPRM has 

accommodated non-recreational small UAS use through a certificate of waiver 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 of manned aircraft. Proposed Part 107 of 

the NPRM concluded that, requiring small UAS operators to conduct inspection and 

maintenance of the small UAS pursuant to the existing regulations of 14 CFR part 43, or to 

obtain a permit to operate (PTO), would not result in significant safety benefits. 

9) 14 CFR, part 91 § 91.407- Operation After Maintenance, Preventative Maintenance 

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 of the 

NPRM concluded that, requiring small UAS operators to conduct inspection and 

maintenance of the small UAS pursuant to the existing regulations of 14 CFR part 43, or 

to obtain a permit to 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 aircraft for the 100-hour, 

annual, and progressive periods. These rules are impractical for a small UAS, and would not 

result in significant safety benefits. Maintenance records for the 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 a small unmanned aircraft 

system (sUAS), 11 pounds or less including payload, to perform various operations which include, but are 

not limited to: aerial acquisition and research in support of public and private civil construction projects, 

aerial photography for utility companies, local infrastructure, engineering studies, flood studies and 

surface modeling, mining, and surveying. 

Conclusion 

Due to their light weight, small-unmanned aircraft generally pose a significantly lower risk to people and 

property on the ground, as compared to manned aircraft. The size, weight, speed, and capability of the 

Phantom 3 UAS and Trimble ZX5 will not create a hazard to the users of the NAS or the general public, 

nor will it pose a threat to national security. Granting this request for exemption would not adversely 

affect safety, and would be in the public interest. 

The UAS will be registered with the FAA, and upon receiving a grant of exemption a "blanket" 200-foot 

Certificate of Waiver or Authorization (COA) would be requested. 

Sincerely, 

Braun lntertec Corporation