UNITED STATES OF AMERICA DEPARTMENT OF TRANSPORTATION FEDERAL AVIATION ADMINISTRATION

WASHINGTON, DC

Regulatory Docket No. _______________

IN THE MATTER OF THE PETITION FOR EXEMPTION OF: BRIM EQUIPMENT LEASING INC. d / b/a BRIM AVIATION FOR AN EXEMPTION SEEKING RELIEF FROM THE REQUIREMENTS OF TITLE

14 OF THE CODE OF FEDERAL REGULATION S SECTIONS 61.23(a) & (c), 61.101(e)(4) & (e)(5), 61.113(a) , 61.315(a), 91.7(a), 91.119(c), 91.121 , 91.151( a ) (1) , 91.405(a), 91.407(a)( 1), 91.409(a)(1) & (a)(2), AND 91.417(a) & (b) CONCERNING COMMERCIAL OPERATION OF THE DJI S1000 , DJI PHANTOM 3 , DJI INSPIRE 1, AND TURBO ACE CINEWING 6 UNMANNED AIRCRAFT SYSTEM S PURSUAN T TO SECTION 333 OF THE F AA MODERNIZATION AND REFORM ACT OF 2012 ( PUBLIC LAW 112
- 95)

Submitted on August 2 5 , 201 5
G REGORY S

. W INTON , E SQ

. T HE A VIATION L AW F IRM 1997 Annapolis Exchange Parkway Suite 300 Annapolis, Maryland 21401 Tel: (301) 294

- 8550 Fax: (866) 568

- 9886 Attorney for Petitioner2 TABLE OF CONTENTS Page
GLOSSARY OF ABBREVIATIONS

................................ ................................ ................. 3
SUMMARY

................................ ................................ ................................ ......................... 4
INTRODUCTION AND INTERESTS OF PETITIONER

................................ ................. 4
BACKGROUND

................................ ................................ ................................ ................. 5
BASIS FOR THE PETITION

................................ ................................ .............................. 6
NAME AND ADDRESS OF THE PETITIONER

................................ ........................ 6
THE SPECIFIC SECTIONS OF 14 C.F.R. FROM WHICH BRIM EQUIPMENT LEASING, INC. SEEKS EXEMPTION

................................ ................................ ....... 7
THE EXTENT OF RELIEF BRIM EQUIPMENT LEASING, INC. SEEKS AND THE REASON BRIM EQUIPMENT LEASING, INC. SEEKS THE RELIEF

........... 7
THE REASONS WHY GRANTING THE EXEMPTION WOULD NOT ADVERSELY AFFECT SAFETY

................................ ................................ .............. 10
THE REASONS WHY GRANTING BRIM EQUIPMENT LEASING, INC. 'S REQUEST WOULD BE IN THE PUBLIC INTEREST

................................ ............ 23
SUMMARY THAT CAN BE PUBLISHED IN THE FEDERAL REGISTER

.......... 2 6 ANY ADDITIONAL INFORMATION, VIEWS, OR ARGUMENTS AVAILABLE TO SUPPORT BRIM EQUIPMENT LEASING, INC. 'S REQUEST

........................ 2 6
CONCLUSION

................................ ................................ ................................ ................. 2 73 GLOSSARY OF ABBREVIATIONS
AGL Above Ground Level AOI Area of Interest ATC Air Traffic Control ATO Air Traffic Organization C.F.R. Code of Federal Regulation s COA Certificate of Authorization FAA Federal Aviation Administration FAR Federal Aviation Regulation FCC Federal Communications Commission GCS Ground Control Station GPS Global Positioning System NAS National Airspace System NOTAM Notice to Airmen OEM Original Equipment Manufacturer PIC Pilot I n Command RTH Return To Home Section 333 FAA Modernization and Reform Act of 2012 (FMRA) Section 333 UA Unmanned Aircraft UAS Unmanned Aircraft System VFR Visual Flight Rules VLOS Visual Line of Sight VMC V isual Meteorological Conditions VO Visual Observer VTOL Vertical Takeoff and Landing4 SUMMARY BRIM EQUIPMENT LEASING, INC. d / b / a BRIM AVIATION (hereinafter “ Brim ”) seeks exemption from the requirements of 14 C.F.R

. §§ 61.23(a) & (c), 61.101(e)(4) & (e)(5), 61.113(a), 61.315(a), 91.7(a), 91.119(c), 91.121, 91.151( a ) (1) , 91.405(a), 91.407(a)(1), 91.409(a)(1) & (a)(2), and 91.417(a) & (b) , to operate four (4) different models of Unmanned Aircraft System s (UAS) pursuant to Section 333 of the FAA Modernization and Reform Act of
2012 (FMRA)

. This exem ption will permit B rim to operate the Unmanned Aircraft System s for
the commercial purpose s of aerial data collection , closed

- set motion picture and television filming , and production

.

INTRODUC TION AND INTERESTS OF THE PETITIONER Brim Aviation is a utility helicopter organization serving the United States as well as
international clients. Brim is headquartered in Ashland, Oregon and currently operates MD 500,
MD 600 , and MD 902 series rotor craft , in addition to an Agusta 109 SP Grand New helicopter

. Founded in 1993 by Burl Brim, Brim Aviation offers a wide variety of services including Search and Rescue, Short Haul, Hoist Operations, Animal Capture & Survey, Airborne Law Enforcement, Aerial Ignition, Pipeline Construction & Survey, Precision Long Line Ops, Construction Services, Fire Suppression, Power Line s , Mineral and Seismic Exploration, Aerial Seeding and Fertilization, and Aerial Photography , and many other helicopter based missions. Brim Aviation employs a full time Maintenance staff and highly skilled Pilots , as well as Rescue crew along with Helicopter Rescue Paramedics and EMTs. Brim’s Operations and Maintenance are held to the highest standards in the industry. Brim looks to app ly the knowledge and experience it has gained through operating traditional manned rotorcraft in order to work with
UAS in : its aerial data collection operations, such as those listed above ; in television and closed

-5

set motion picture filming and production operations, such as producing promotional and training videos ; and to further develop the UAS industry as a whole

. BACKGROUND Unmanned Aircraft System s : DJI S1000 , D JI Phantom 3 , DJI Inspire 1, and Turbo Ace Cinewing 6
B rim seeks an exemption to operate the DJI S1000 UAS ( S1000 ) , DJI Phantom 3 UAS (Phantom 3 ) , DJI Inspire 1 UAS (Inspire 1) , and Turbo Ace Cinewing 6 (Cinewing 6) ( also collectively referred to as the “subject UAS”) for compensation or hire within the national airspace system ( NAS )

. The S1000 , Phantom 3 , Inspire 1 , and Cinewing 6 are each comprised
of a vertical takeoff and landing (VTOL) Unmanned Aircraft (UA) and a Remote Controller

. The S1000 has a maximum gross weight , with payload, of approximately 24 pounds ; m easures approximately 22.2 inches x 17.8 inches x 11.8 inches ; and ha s a maximum speed of approximately 4 2.8 knots

. The Phantom 3 has a maximum gross weight of approximately 2. 8 pounds; measures approximately 18 inches x 13 inches x 8 inches ; and has a maximum speed of approximately 31.1 knots. The Inspire 1 has a maximum gross weight of 6.5 pounds; measures approximately 20 inches x 15 inches x 15 inches ; and has a maximum speed of 42.7 knots. The Cinewing 6 has a maximum gross weight , wit h payload, of approximately 20 .6 pounds; measures
51.5 inches in diameter x 6.9 inches in height; and has a maximum speed of 51.1 knots. The
S1000 UA is equipped with eight rotors mounted in a n octo

- copter configuration , the Phantom 3 UA is equipped with four rotors mounted in a quad

- copter configuration, the Inspire 1 UA is equipped with four rotors mounted in a quad

- copter configuration, and the Cinewing 6 UA is equipped with six rotors mounted in a hexa

- copter configu ration. E ach rotor is driven by a Lithium Polymer b attery powered electric motor.6

All four UAS have been the subject of Exemptions already granted by the FAA, with the S1000 most recently in Exemption No. 12219; the Phantom 3 in Exemption No . 12207; the Inspire 1 in Exemption No. 12220; and the Cinewing 6 in Exemption No. 11392. Brim will register the proposed UAS in accordance with 49 U.S.C. 44103 , Registration of Aircraft , as well as 14 C.F.R

. Part 47, Aircraft Registration , and mark them in accordance with
14 C.F.R. Part 45 , Identification and Registration Marking

. BASIS FOR THE PETITION
Brim , by and through undersigned counsel, pursuant to the provisions of the Federal Aviation Regulations (14 C.F.R. § 11.61) and the FAA Modernization and Reform Act of 2012, Section 333, Special Rules for Certain Unmanned Aircraft Systems , hereby petitions th e Administrator to operate the subject UAS within the National Airspace System (NAS), and for an exemption from the requirements of 14 C.F.R. §§ 61.23(a) & (c), 61.101(e)(4) & (e)(5), 61.113(a), 61.315(a), 91.7(a), 91.119(c), 91.121, 91.151(a)(1), 91.405(a ), 91.407(a)(1), 91.409(a)(1) & (a)(2), and 91.417(a) & (b). In consideration of their size, weight, speed, and limited operating area, Brim’s operation of the S1000 UAS, Phantom 3 UAS , Inspire 1 UAS and Cinewing 6 UAS meets the conditions of FMRA Section 333. In accordance with 14 C.F.R. § 11.81, B rim provides the following information in support of its petition for exemption:
A. Name A nd Address Of T he Petitioner
. The name and address of the Petitioner is: Brim Equipment Leasing, Inc. d/b/a Brim Aviation P.O. Box 3009 Ashland, Oregon 97520 The point of contact for this P etition and specific contact information is as follows:7 Gregory S. Winton, Esq. The Aviation Law Firm 1997 Annapolis Exchange Parkway , Suite 300 Annapolis, Mary land 21401 Tel: (301) 294

- 8550 | Fax: (866) 568

- 9886 Ema il: Greg@aviationlawexperts.com
B. The Specific Sections Of 14 C.F.R. From Which B rim Seeks Exemption.
B rim seeks exemption from the following sections of Title 14 of the C ode of F ederal
R egulations:

 61.23(a) & (c) , entitled Medical certificates: Requirement and duration

 61.101(e)(4) & (e)(5) , entitled Recreational pilot privileges and limitations

 61.113(a) , entitled Private pilot privileges and limitations: Pilot in command

 61.315(a) , enti tled What are the privileges and limitations of my sport pilot certificate

 91.7(a) , entitled Civil aircraft airworthiness

 91.119(c) , entitled Minimum safe altitudes: (c) Over other than congested areas

 91.121 , entitled Altimeter settings

 91.151(a)(1) , ent itled Fuel requirements for flight in VFR conditions

 91.405(a) , entitled Maintenance required

 91.407(a)(1) , entitled Operation after maintenance, preventative maintenance, rebuilding, or alteration

 91.409(a)(1) & (a)(2) , entitled Inspections

 91.417(a) & ( b) , entitled Maintenance records
C
. The Extent Of Relief B rim Seeks And The Reason B rim Seeks The Relief
. 1. Extent of Relief B rim Seeks And The Reason B rim Seeks Relief From Section 61.23(a) & (c).8

Relief from Sections 61.23(a) & (c) entitled Medical certificates: Requirement and
duration , is requested to the extent necessary to allow an adequately certificated PIC holding an
FAA

- issued medical certificate or U.S. issued driver’s license, to conduct the proposed UAS flight operations for compe nsation or hire. This relief is requested since the limitations set forth in Section 61.23(a) state that the holder of a recreational pilot, private pilot, commercial pilot, or airline transport pilot certificate, or flight instructor certificate must als o hold the appropriate FAA

- issued medical certificate to exercise the privileges of the pilot certificate. The relief is further requested since the limitations set forth in Section 61.23(c) state that the holder of a sport pilot certificate must also hol d a U.S. issued driver’s license when exercising the privileges of the certificate in a light sport aircraft.
2. Extent of Relief B rim Seeks And The Reason B rim Seeks Relief From Sections 61.101(e)(4) & (e)(5), 61.113(a), and 61.315(a).
Relief from Sections 61.101(e)(4) & (e)(5), entitled Recreational pilot privileges and
limitations ; Section 61.113(a) , entitled Private pilot privileges and limitations: Pilot in
command ; and Section 61.315(a), entitled What are the privileges and limits of my sport pilot certificate , is requested to the extent necessary to allow a PIC holding a sport pilot, recreational pilot, or private pilot certificate, as well as an airman medical certificate or U.S. issued driver’s license, and who has met certain flight

- hour an d currency requirements, to conduct the proposed UAS flight operations for compensation or hire, subject to the conditions and limitations below. This relief is requested since the limitations set forth in Sections 61.101(e)(4) & (e)(5) state that no pers on who holds a recreational pilot certificate may act as pilot in command of an aircraft for compensation or hire or in furtherance of a business. Relief is requested from 61.113(a) since the limitations set forth in that section state that no person who holds a private pilot certificate may act as pilot in command of an aircraft that is carrying passengers or property9

for compensation or hire; nor may that person, for compensation or hire, act as pilot in command of an aircraft. Relief is requested from 61.315(a) since the limitations set forth in that section only allow a person who holds a sport pilot certificate to act as pilot in command of a light

- sport
aircraft.
3. Extent of Relief B rim Seeks And The Reason B rim Seeks Relief From Section 91. 7(a)
. R elief from Section 91. 7( a) entitled Civil aircraft airworthiness , is requested to the extent required to allow B rim to determine that the subject UAS are in an airworthy condition prior to every flight by ensuring that the subject UAS are in compliance with their operating documents

. B rim seeks the requested relief because the subject UAS do not require an airworthiness
certificate in accordance with 14 C.F.R. P art 21, Subpart H.
4. Extent of Relief B rim Seeks And The Reason B rim Seeks Relief From Section 91.119(c). Relief from Section 91.119(c), entitled Minimum safe altitudes: (c) Over other than congested areas , is required because all proposed operations of the subject UAS will take place
at an altitude at or below 400 feet AGL. This relief is requested since the limitations set forth in Section 91.119(c) state that no person may operate an aircraft below 500 feet above the surface. Additionally, relief from Section 91.119(c) is requested to the extent necessary to allow operations to be c onducted closer than 500 feet to persons, vessels, vehicles, or structures, under certain conditions. This relief is requested since the limitations set forth in Section 91.119(c) prohibit operating an aircraft closer than 500 feet to a person, vessel, ve hicle, or structure.
5. Extent O f Relief B rim Seeks And The Reason B rim Seeks Relief From Section 91. 121
. Relief from Section 91.121, entitled Altimeter settings , may be required to allow flight operations of the subject UAS , because the subject UA S’ altitude reporting equipment may be10

set on the ground to zero feet AGL, rather than local barometric pressure or field altitude, before each flight. Considering the limited altitude of the proposed operations, relief from 14 C

. F

. R

. §
91.121 is sought to the extent necessary to comply with the applicable conditions and limitations
stated below.
6. Extent Of Relief B rim Seeks And The Reason Brim Seeks Relief From Section 91.151(a)(1).
R elief from Section 91.151( a ) (1) entitled Fuel requirements for flight in VFR conditions , is requested to the extent required to allow flights of the battery powered subject UAS during daylight hours in visual meteorological conditions (VMC), under visual flight rules (VFR) .
B rim seeks the requested relief because w ithout an exemption from Section 91.151(a)(1), the flight time duration of the subject UAS will severely constrain the practicality of any aerial data
collection or closed

- set motion picture and television filming and production operations that
B rim propos es to conduct pursuant to this Petition.
7
. Extent O f Relief Brim Seeks And The Reaso n B rim Seeks Relief From Sections 91.405(a), 91.407(a)(1), 91.409(a)(1) & (a)(2), A nd 91.417(a) & (b).
B rim requests relief from Sections 91.405(a), 91.407(a)(1), 91.409(a)(1) & (a)(2), and 91.417(a) & (b) to the extent necessary to allow the proposed operations in accordance with the
conditions and limitations set forth below. Since the aforementioned Sections only apply to
aircraft wit h an airworthiness certifica te, B rim requests relief from these Sections because the subject UAS do not require an airworthiness certificate.
D. The Reasons Why Granting The Exemption Would Not Adversely Affect Safety, Or How The Exemption Would Provide A Level Of Safety At Least Equal To That Provided By The Rule From Which B rim Seeks Exemption.
1. Reasons Why The Subject UAS Meet The Conditions Of The FAA Modernization and Reform Act of 2012 (FMRA) Section 333.11

In consideration of the size, weight, speed, and operating l imitations associated with the unmanned aircraft and their operation, Brim’s operation of the subject UAS meets the conditions of FMRA Section 333, and will not require an airworthiness certificate in accordance with 14 C.F.R. Part 21, Subpart H. In seeki ng this exemption, Brim submits that the S1000 UAS , Phantom 3 UAS , Inspire 1 UAS and Cinewing 6 UAS can operate safely in the NAS pursuant to FMRA Section 333, as demonstrated by: (a) the characteristics of the subject UAS; (b) the pilot certification requ irement; and (c) the specific operating limitations. Additionally, the subject UAS and proposed operations requested in this petition are similar in all material respects to relief previously requested in Grant of Exemption Nos. 11062, 11109, 11112, 11213 , 11392 , 1 2207 , 12 219 , and 1 2 220, and the reasons stated by the FAA for granting those Exemptions also apply to the present situation.

a . The Subject UAS’ Autonomous Flight Features And Failsafes Enable Them To Remain Within A De fined Operational Area.
The S1000 UAS, Phantom 3 UAS , Inspire 1 UAS, and Cinewing 6 UAS are all enabled to enter autonomous flight under certain contingency situations or at the command of the PIC. The subject UAS autonomous features include the following: a GPS Position and Altitude Hold when initiated by the Remote Controller; a Return To Home (RTH) function; and Flight Limits (i.e., pre

- set limitations that restrict the distance and height of the UAS flight operations). A complete description of the auton omous features and failsafes for both the S1000 UAS and Cinewing 6 UAS is provided at pages 30 through 32 of the DJI A2 Flight Controller Instruction Manual, attached hereto as Exhibit B . A complete description of the autonomous features and
failsafes of the Phantom 3 UAS is provided at pages 1 2 through 16 of the Phantom 3 Advanced User Manual, attached hereto as Exhibit D

. A complete description of the autonomous features12

and failsafes of the Inspire 1 UAS is provided at pages 13 through 17 of the Inspire 1 User Manual, attached hereto as Exhibit F

.

b. Flight Operations Of The Subject UAS Are Limited To The Line Of Sight Of A Certificated Pilot In Command With A Safety Observer.
B rim will only utilize pilots who possess at least an FAA

- issue d sport pilot certificate and
a current and valid FAA issued airman medical certificate or valid U.S. issued driver’s license to act as a pilot in command (PIC) of the subject UAS. Additionally, a safety observer will assist all pilots during flight opera tions.

c. Flights Of The Subject UAS Will Be Conducted Pursuant To Specific Operating Limitations. In seeking this exemption, B rim proposes to commercially operate the subject UAS for the special purpose of conducting aerial acquisitions within the NAS, pursuant to the following specific operating limitations: 1. Operations authorized by this grant of exemption are limited to the DJI S1000 , DJI Phantom 3 , DJI Inspire 1, and Turbo Ace Cinewing 6 HL Unmanned Aircraft System s when weighing less than 55 pounds including payload. Proposed operations of any other aircraft will require a new petition or a petition to amend this grant.
2. Operations for the purpose of closed

- set motion picture and television filming are permitte d.
3. The UA may not be operated at a speed exceeding 87 knots (100 miles per hour). The exemption holder may use either groundspeed or calibrated airspeed to determine compliance with the 87

- knot speed restriction. In no case will the UA be operated at airspeeds greater than the maximum UA operating airspeed recommended by the aircraft manufacturer.
4. The UA must be operated at an altitude of no more than 400 feet above ground level (AGL). Altitude must be reported in feet AGL

. 5. The UA must be ope rated 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 lice nse
.13

6 . All operations must utilize a visual observer (VO). The UA must be operated within the visual line of sight (VLOS) of the PIC and VO at all times. The VO may be used to satisfy the VLOS requirement as long as the PIC always maintains VLOS capabil ity

. The VO and PIC must be able to communicate verbally at all times. Electronic messaging or texting is not permitted during flight operations. The PIC must be designated before the flight and cannot transfer his or her designation for the duration of th e flight. The PIC must also ensure that the VO can perform the duties required of the VO.
7

. This exemption and all documents needed to operate the UAS and conduct its operations in accordance with the conditions and limitations stated in this grant of e xemption, are hereinafter referred to as the operating documents. The operating documents must be accessible during UAS operations and made available to the Administrator upon request. If a discrepancy exists between the conditions and limitations in this exemption and the procedures outlined in the operating documents, the conditions and limitations herein take precedence and must be followed. Otherwise, the operator must follow the procedures as outlined in its operating documents. The operator may update or revise its operating documents. It is the operator’s responsibility to track such revisions and present updated and revised documents to the Administrator or any law enforcement official upon request. The operator must also present updated and revised documents if it petitions for extension or amendment to this grant of exemption. If the operator determines that any update or revision would affect the basis upon which the FAA granted this exemption, then the operator must petition for an amendment to it s grant of exemption. The FAA’s UAS Integration Office (AFS

- 80) may be contacted if questions arise regarding updates or revisions to the operating documents.
8

. Any UAS that has undergone maintenance or alterations that affect the UAS operation or flight characteristics, e.g. replacement of a flight critical component, must undergo a functional flight test prior to conducting further operations under this exemption. Functional test flights may only be conducted by a PIC with a VO and must remain at least 500 feet from other people. The functional test flight must be conducted in such a manner so as to not pose an undue hazard to persons or property.
9

. The operator is responsible for maintaining and inspecting the UAS to ensure that it is in a condition f

or safe operation.
1 0

. Prior to each flight, the PIC must conduct a pre

- flight inspection and determine the UAS is in a condition for safe flight

. The pre

- flight inspection must account for all potential discrepancies, e.g. inoperable components, items, or equipment. If the inspection reveals a condition that affects the safe operation of the UAS, the aircraft is prohibited from operating until the necessary maintenance has been performed and the UAS is found to be in a condition for safe flight.
1 1

. The operator must follow the UAS manufacturer’s maintenance, overhaul, replacement, inspection, and life limit requirements for the aircraft and aircraft components

.14

1 2

. Each UAS operated under this exemption must comply with the manufacturer safety bulletins

. 1 3

. Under this grant of exemption, a PIC must hold either an airline transport, commercial, private, recreational, or sport pilot certificate. The PIC must also hold a current FAA airman medical certificate or a valid U.S. driver’s license iss ued by a state, the District of Columbia, Puerto Rico, a territory, a possession, or the Federal government. The PIC must also meet the flight review requirements specified in 14 CFR § 61.56 in an aircraft in which the PIC is rated on his or her pilot cert ificate.
1 4

. The operator may not permit any PIC to operate unless the PIC demonstrates the ability to safely operate the UAS in a manner consistent with how the UAS will be operated under this exemption, including evasive and emergency maneuvers and main taining appropriate distances from persons, vessels, vehicles and structures. PIC qualification flight hours and currency must be logged in a manner consistent with 14 CFR § 61.51(b). Flights for the purposes of training the operator’s PICs and VOs (traini ng, proficiency, and experience

- building) and determining the PIC’s ability to safely operate the UAS in a manner consistent with how the UAS will be operated under this exemption are permitted under the terms of this exemption. However, training operation s may only be conducted during dedicated training sessions. During training, proficiency, and experience

- building flights, all persons not essential for flight operations are considered nonparticipants in accordance with 14 CFR § 91.119.
1 5 . UAS operation s may not be conducted during night, as defined in 14 C

. F

. R

. § 1.1. All operations must be conducted under visual meteorological conditions (VMC). Flights under special visual flight rules (SVFR) are not authorized.
16 . The UA may not operate within 5 na utical miles of an airport reference point (ARP) as denoted on a 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 let ter of agreement with that airport’s management is obtained or otherwise permitted by a COA issued to the exemption holder. The letter of agreement with the airport management must be made available to the Administrator or any law enforcement official upon request

. 1 7 . The UA 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.
18 . If the UA loses communications or loses its GPS signal, the UA must re turn to a pre

determined location within the private or controlled

- access property.
19 . The PIC must abort the flight in the event of unpredicted obstacles or emergencies

. 20 . The PIC is prohibited from beginning a flight unless (considering wind and for ecast weather conditions) there is enough power for the UA to conduct the intended operation15

and to operate after that for at least five minutes or within the reserve power recommended by the manufacturer if greater

. 21

. Air Traffic Organization (ATO) Ce rtificate of Waiver or Authorization (COA). All operations shall be conducted in accordance with an ATO

- issued COA. The exemption holder may apply for a new or amended COA if it intends to conduct operations that cannot be conducted under the terms of the attached COA.
2 2 . All aircraft operated in accordance with the exemption must be identified by serial number, registered in accordance with 14 C

. F

. R

. part 47, and have identification (N

Number) markings in accordance with 14 C

. F

. R

. part 45, Subpart C. Ma rkings must be as large as practicable. 23. Documents used by the operator to ensure the safe operation and flight of the UAS 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 UAS any time the aircraft is operating. These documents must be made available to the Administrator or any law enforcement official upon request. 24. The UA must remain clear and give way to all manned aviation operations and activities at all times.
25. The UAS may not be operated by the PIC from any moving device or vehicle.
26

. All Flight operations must be conducted at least 500 feet from all nonparticipating persons , vessels, vehicles, and structures unless: a. Barriers or structures are present that sufficiently protect nonparticipating persons from the UA and/or debris in the event of an accident. The operator must ensure that nonparticipating persons remain under such protection. If a situation arises where nonparticipating persons leave such p rotection and are within 500 feet of the UA, flight operations must cease immediately in a manner ensuring the safety of nonparticipating persons; and , b. The owner/controller of any vessels, vehicles or structures has granted permission for operating cl oser to those objects and the PIC has made a safety assessment of the risk of operating closer to those objects and determined that it does not present an undue hazard. The PIC, VO, operator trainees or essential persons are not considered nonparticipati ng persons under this exemption.
27 . All operations shall be conducted over private or controlled

- access property with permission from the property owner/controller or authorized representative. Permission from the land owner/controller or authorized rep resentative will be obtained for each flight to be conducted.16

28 . Any incident, accident, or flight operation that transgresses the lateral or vertical boundaries of the operational area as defined by the applicable COA must be reported to the FAA's UAS I ntegration Office (AFS

- 80) within 24 hours. Accidents must be reported to the National Transportation Safety Board (NTSB) per instructions contained on the NTSB Web site: www.ntsb.gov. If this exemption permits closed

- set motion picture and television fi lming and production, the following additional conditions and limitations apply. 29. The operator must have a motion picture and television operations manual (MPTOM) as documented in this grant of exemption. 30. At least 3 days before aerial filming, the operator of the UAS affected by this exemption must submit a written Plan of Activities to the local Flight Standards District Office (FSDO) with jurisdiction over the area of proposed filming. The 3

- day notification may be waived with the concurrence of the FSDO. The plan of activities must include at least the following: a. Dates and times for all flights; b. Name and phone number of the operator for the UAS aerial filming conducted under this grant of exemption; c. Name and phone number of the person responsible for the on

- scene operation of the UAS; d. Make, model, and serial or N

- Number of UAS to be used; e. Name and certificate number of UAS PICs involved in the aerial filming; f. A statement that the opera tor has obtained permission from property owners and/or local officials to conduct the filming production event; the list of those who gave permission must be made available to the inspector upon request; g. Signature of exemption holder or representati ve; and h. A description of the flight activity, including maps or diagrams of any area, city, town, county, and/or state over which filming will be conducted and the altitudes essential to accomplish the operation. 31. Flight operation may be conducte d closer than 500 feet from participating persons consenting to be involved and necessary for the filming production, as specified in the exemption holder’s MPTOM.
2. Reasons Why An Exemption From The Requirements Of Sections 61.23(a) & (c) Would Not Ad versely Affect Safety.
B rim submits that an equivalent level of safety established by Sections 61.23(a) & (c) will be maintained because no PIC will be allowed to operate the subject UAS unless that PIC
holds either a valid FAA

- issued medical certificate or a valid U.S. issued driver’s license.17

Additionally, no PIC will be allowed to operate the subject UAS unless that PIC has demonstrated, by meeting minimum flight

- hour and currency requirements, that the PIC is able to safely operate the subject UAS in a manner consistent with the exemption, including evasive and emergency maneuvers and maintaining appropriate distances from people, vessels, vehicles,
and structures. Considering B rim’s proposed area of operations, the relatively small size of the subje ct UAS, and the operating limitations set forth in this Petition, as well as the parallel nature of sport pilot, recreational pilot, and private pilot medical requirements, relating to the proposed operations, B rim submits the additional requirements of at least a third

- class airman medical
certificate would not correlate to Brim’s proposed operations.
3. Reasons Why An Exemption From The Requirements Of Sections 61.101(e)(4) & (e)(5), 61.113(a), and 61.315(a) Would Not Adversely Affect Safety.
B rim submits that an equivalent level of safety established by Sections 61.101(e)(4) & (e)(5), 61.113(a), and 61.315(a) will be maintained because no PIC will be allowed to operate the subject UAS unless that PIC has demonstrated, by meeting minimum flight

- hour and currency requirements, that the PIC is able to safely operate the subject UAS in a manner consistent with the exemption, including evasive and emergency maneuvers and maintaining appropriate distances from people, vessels, vehicles, and structures.
S pecifically, the PIC must have accumulated and logged, in a manner consistent with 14 C.F.R. § 61.51(b), 25 hours of total time as a UAS pilot (with a minimum of 5 hours of those hours as a UAS pilot operating the same make and model of UAS to be used for operations under the exemption). In addition to the hour requirements, the PIC must accomplish 3 take

- offs and landings in the preceding 90 days (for currency purposes).18

Considering B rim ’ s proposed area of operations, and the operating limitations set fo rth above; the parallel nature of sport pilot, recreational pilot, and private pilot aeronautical knowledge requirements, with respect to the proposed operations, to those of commercial pilot requirements ( See Exemption Nos. 11062 and 11213); and the airma nship skills necessary to safely operate the subject UAS, B rim submits that the additional manned airmanship experience of a commercially certificated pilot would not correlate to the airmanship skills necessary for
Brim ’s specific proposed flight operatio ns. Accordingly, B rim will ensure safe operations by not allowing any PIC to operate the subject UAS unless that PIC has demonstrated, by meeting minimum flight

- hour and currency requirements, that the PIC is able to safely operate the subject UAS in a ma nner consistent with the exemption, including evasive and emergency maneuvers and maintaining appropriate distances from people, vessels, vehicles and structures.
4
. Reasons Why An Exemption From The Requirements Of Section 91.7(a) Would Not Adversely Affect Safety. The equivalent level of safety established by Section 91.7(a) will be maintained because prior to every flight, B rim will ensure that the subject UAS are in an airworthy condition based
upon their compliance with their relevant operating documents, and as stated in the conditions
and limitations herein.
5. Reasons Why An Exemption From The Requirements Of Section 91.119(c) Would Not Adversely Affect Safety. The equivalent level of safety established by Section 91.119 (c) will be maintained because in any operation to be conducted closer than 500 feet from any nonparticipating persons, barriers or structures will be present to sufficiently protect any nonparticipating persons from
debris in the event of an accident duri ng operation of the subject UAS, which weigh less than19

fifty five (55 ) pounds , including payload, and will be operated below an altitude of 400 feet AGL. The nonparticipating persons will be required to remain in the area of protection, and if any nonparti cipating person leaves the area of protection and is within 500 feet of the subject UAS, flight operations will cease immediately.
A ny operation to be conducted closer than 500 feet from persons, vessels, vehicles, and structures would first require the p ermission of the land owner/controller and a safety assessment of the risk of operating closer to those objects by the PIC. Additionally, all closed

- set motion picture and television filming and production operations will be conducted pursuant to the
cond itions and limitations set forth in this Petition, as well as the standards set forth in Brim’s
MPTOM.
6. Reasons Why An Exemption From The Requirements Of Section 91.121 Would Not Adversely Affect Safety. The equivalent level of safety established by S ection 91.121 will be maintained because the altitude of the subject UAS will be reported to air traffic control (ATC) in feet above ground level (AGL), and Brim will operate the subject UAS within visual line of sight, at or below 400
feet AGL. Furthermo re, the altitude information of the S1000 UAS , the Phantom 3 UAS , the Inspire 1 UAS and the Cinewing 6 UAS will be provided to the PIC via a barometric pressure sensor, GPS equipment, and a radio communications telemetry data link, which downlinks from
the UAS to the remote controller for active monitoring of altitude. Prior to each flight, a zero altitude initiation point is automatically established by the UAS at ground level.
7
. Reasons Why An Exemption From The Requirements Of Section 91.151(a)(1 ) Would Not Adversely Affect Safety. A grant of this exemption would ensure an equivalent level of safety established by 14 C.F.R. Section 91.151(a)(1) as a result of (1) the technical specifications of the subject UAS; (2)20

the limitations on the proposed flight operations; and (3) the location of the proposed flight operations. Accordingly, B rim will ensure that it will safely operate the battery powered subject UAS during daylight hours in visual metrological conditions (VMC) under visual flight rules (VFR), with enough battery power for the subject UAS to fly after the first point of intended landing for at least five (5) minutes. In addition to the level of safety established by the technical specifications of the UAS; the limitations on the p roposed flight operations; and the location of the proposed operations, the subject UAS provide audible and visual warnings to the PIC at the Remote Controller when the UA has low battery power remaining. Together, these factors will ensure an equivalent l evel of safety established by 14 C.F.R. Section 91.151(a)(1). Previous exemptions granted by the FAA concerning Section 91.151, establish that safety is not adversely affected when the technical characteristics and operating limitations of the subject UAS are considered. Relief has also been granted for manned aircraft to operate at less than the minimums prescribed in Section 91.151, including Exemption Nos. 2689, 5745, and
10650.
8
. Reasons Why An Exemption From The Requirements Of Sections 91.405(a) ,

91.407(a)(1), 91.409(a)(1) & (a)(2), And 91.417(a) & ( b) Would Not Adversely Affect Safety. In seeking this exemption, B rim submits that the equivalent level of safety with regard to the regulatory maintenance and alteration requirements establish ed by Sections 91.405(a), 91.407(a)(1), 91.409(a)(1) & (a)(2), and 91.417(a) & (b) will be met because a ll maintenance, alterations, and preventive maintenance of the subject UAS performed by B rim will be in accordance with the methods, techniques, and pra ctices prescribed in the operating documents. Furthermore, only the Original Equipment Manufacturer (OEM) or qualified OEM maintainers21

will perform higher

- level inspections and maintenance per the operating documents and OEM
standards. B rim will document and maintain all maintenance records for the subject UAS. Since the subject UAS will be inspected as prescribed by the operating documents,
Brim will maintain the equivalent level of safety established by Sections 91.405(a), 91.409(a)(1), and 91.409(a)(2). The following operating documents are attached hereto, identified as the following Exhibits: Th e DJI S1000 Operating Documents, i.e., (A) The S1000 User Manual; (B)
The A2 Flight Control System Quick Start Guide; and (C) Th e Futaba 14SG Instruction Manual ; The DJI Phantom 3 Advanced Operating Documents , i.e., (D) The Phantom 3 Advanced User
Manual ; The DJI Inspire 1 Operating Documents, i.e., (E) The Inspire 1 User Manual and (F)
T he Inspire 1 Maintenance Manual ; The Turbo A ce Cinewing 6 HL Operating Documents, i.e., (G) The Cinewing 6 Manual, ( B ) The A2 Flight Control System, and (C) The Futaba 14SG
Instruction Manual ; and ( H ) The Brim Motion Picture and Television Operations Manual

. The foregoing exhibits contain proprieta ry information and are to be held in a separate file pursuant to 14 C.F.R. § 11.35(b). Additionally , a n equivalent level of safety established by Sections 91.407 (a)(1), 91.417(a), and 91.417(b) will be maintained because B rim will document and maintain all of the maintenance records for the subject UAS.
9. The FAA May Prescribe Any Other Conditions For Safe Operation.
In accordance with Section 333 of the FAA Modernization and Reform Act of 2012 (FMRA) and 14 C.F.R. § 21.16 entitled Special Conditions , B rim requests that the FAA prescribe special conditions for the intended operation of the subject UAS, which contain such safety standards that the Administrator finds necessary to establish a level of safety equivalent to that established by 14 C.F.R. Part 21, Subpart H, and 14 C.F.R. §§ 61.23(a) & (c), 61.101(e)(4)22

& (e)(5), 61.113(a), 61.315(a), 91.7(a), 91.119(c), 91.121, 91.151(a), 91.405(a), 91.407(a)(1), 91.409(a)(1) & (a)(2), AND 91.417(a) & (b). Such special con ditions will permit safe operation of the subject UAS for the limited purpose of conducting aerial acquisitions and closed

- set motion picture and television filming and production within the NAS for compensation or hire.
FMRA Section 333 sets forth the re quirements for considering whether a UAS will create a hazard to users of the NAS or the public, or otherwise pose a threat to national security; and further, provides the authority for such UAS to operate without airworthiness certification in
accordance with any requirements that must be established for the safe operation of the UAS in
the NAS. Likewise, the Administrator may prescribe special conditions pursuant to 14 C.F.R. § 21.16, for operation of the S1000 UAS, Phantom 3 UAS, Inspire 1 UAS and Ci newing 6 UAS, since the airworthiness regulations of 14 C.F.R. Part 21 do not contain adequate or appropriate safety standards, due to the novel or unusual design features of the aircraft. Section 21.16,
entitled Special Conditions , states the following: If the FAA finds that the airworthiness regulations of this subchapter do not contain adequate or appropriate safety standards for an aircraft, aircraft engine, or propeller because of a novel or unusual design feature of the aircraft, aircraft engine or p ropeller, he prescribes special conditions and amendments thereto for the product. The special conditions are issued in accordance with Part 11 of this chapter and contain such safety standards for the aircraft, aircraft engine or propeller as the FAA find s necessary to establish a level of safety equivalent to that established in the regulations. See 14 C.F.R. § 21.16. Therefore, in accordance with FMRA Section 333 and 14 C.F.R. § 21.16, the FAA may prescribe special conditions for B rim ’ s intended operat ion of the subject UAS, which contain such safety standards that the Administrator finds necessary to establish a level of safety equivalent to that established by 14 C.F.R. Part 21, Subpart H, and 14 C.F.R Sections 61.23(a) &23

(c), 61.101(e)(4) & (e)(5), 6 1.113(a), 61.315(a), 91.7(a), 91.119(c), 91.121, 91.151(a), 91.405(a), 91.407(a)(1), 91.409(a)(1) & (a)(2), and 91.417(a) & (b).
E
. The Reasons Why Granting B rim ’ s Request Would Be In The Public Interest; That Is, How It Would Benefit The Public As A Whole
. Granting the present Petition will further the public interest by allowing B rim to safely, efficiently, and economically perform aerial acquisitions and research within the NAS, as well as
closed

- set motion picture and television filming and produ ction . Brim will use its UAS for applications includ ing , but are not limited to: aerial surveying, remote sensing, precision agriculture, public entity support operations, utility system inspections and patrolling, construction site inspection and monitor ing, wildlife and forestry monitoring, educational and research operations, flare stack inspection, and pipeline inspection and patrolling

. Additionally,
use of the subject UAS will decrease congestion of the NAS, reduce pollution, and provide significant benefits to the economy. Notably, the benefits of B rim ’ s proposed operation of the subject UAS will be realized without implicating any privacy issues.
1
. The Public Will Benefit From Decreased Congestion Of The NAS. The subject UAS are battery powered and serve as a safe, efficient, and economical alternative to the manned aircraft traditionally utilized to obtain aerial data and imagery. By reducing the amount of manned aircraft needed to perform aerial acquisitions, an exemption allowing the use of the subject UAS would reduce the amount of manned aircraft in the NAS, reduce noise and air pollution, and increase the safety of life and property in the air and on the ground. Furthermore, by reducing the number of manned aircraft operating in the NAS, congestion around airports caused by arriving and departing aircraft will be reduced. The subject UAS do not require an airport to takeoff or land. Likewise, a reduction of manned aircraft24

conducting aerial survey missions would result in fewer aircraft that must be handled by air traffic control during the ground, takeoff, departure, arrival, and landing phases of flight operations.
2. The Public Will Benefit From The Safety And Efficiency Of The Subject UAS. Conducting aerial acquisiti ons with the subject UAS, instead of manned aircraft, will greatly benefit the public by drastically reducing the levels of air and noise pollution generated during traditional aerial survey flight operations. By using battery power and electric motor s , t he subject UAS produce no air pollution, and are the most viable environmentally conscious alternative to the cabin class, six cylinder internal combustion twin engine aircraft that are typically utilized for aerial acquisitions, and burn approximately 20

- 30 gallons per hour of leaded aviation fuel. The subject UAS, while reducing the carbon footprint of aerial acquisitions , also reduce noise pollution, as they are propelled by battery powered electric motors, rather than internal combustion engines. By using the subject UAS to perform aerial acquisitions, the substantial risk to life and property in the air and on the ground, which is usually associated with traditional manned aircraft flight operations, will be substantially reduced or completely elimin ated. Aside from the lack of flightcrew members located onboard the aircraft, the subject UAS , have less physical potential for collateral damage to life and property on the ground, and in the air, compared to the manned aircraft that typically conduct ae rial acquisitions (weighing approximately 6,500 pounds with a wingspan of approximately 40 feet, a length of 34 feet, and a fuel capacity of 180 gallons). Additionally, using the subject UAS to perform aerial acquisitions will increase the level
of safet y and efficiency for B rim ’ s employees, associated contractors, and public employees by minimizing exposure to a number of hazards typically encountered in a field environment, such as25

bridges, wetland areas, and steep terrain, as well as lowering the numbe r of incidents and associated costs, such as maintaining a certain level of insurance, that normally coincide with operations in a hazardous field environment.
3
. Performing Aerial Acquisition And Closed
- Set Motion Picture And Television Filming And Production Operations With The Subject UAS Will Benefit The Economy. In addition to being safe and efficient, the subject UAS are also an economical alternative to using manned aircraft to conduct aerial acquisitions . As such, operation of the subject UAS will allow United States based companies, like B rim , to remain competitive and contribute to growth of the U.S. economy. Specifically, with the rising cost of aviation fuel and the Environmental Protection Agency ( “EPA”) regulatory actions phasing out leaded aviation fuels, U.S. owned and operated companies must adopt new and alternative technology in order to remain competitive. Operation of UAS such as those in this petition is one such technology that not only a llows companies greater operational flexibility compared to manned aircraft, but provides such flexibility without the high operational cost of a traditional manned aircraft. By operating UAS, companies such as B rim , can remain competitive and profitable , and therefore, provide greater job stability to employees and contractors, which will ultimately contribute to growth of the U.S. economy. Improved financial performance of U.S. companies, through commercial use of the subject, provides a stable workfor ce that increases consumer spending; improves local, state, and federal tax revenues; and allows companies to invest in research and development in order to remain competitive both in the United States and abroad.
4
. There Are No Privacy Issues
. Similar t o the manned aerial acquisition flight operations that have been conducted for
d ecades, B rim ’ s proposed operation of the subject UAS will not implicate any privacy issues.26

Specifically, the subject UAS will only be operated pursuant to the specific condit ions and
limitations set forth herein , and in accordance with the Federal Aviation Regulations, including the minimum altitude requirements of 14 C.F.R. § 91.119. Most significantly, the subject UAS will not be operated closer than 500 feet to any person, vessel, vehicle, or structure, that is not directly involved in the operation unless specific conditions are met

. F. A S ummary That C an Be P ublish ed In T he Federal Register, stating: The Rules From Which B rim Seeks Exemption:
Brim Equipment Leasing, Inc. d/b/a Brim Aviation seeks exemption from the requirements of 14 C.F.R

. Sections 61.23(a) & (c), 61.101(e)(4) & (e)(5), 61.113(a), 61.315(a), 91.7(a), 91.119(c), 91.121, 91.151(a), 91.405(a), 91.407 (a)(1), 91.409(a)(1) & (a)(2), and 91.417(a) & (b)

. A Brief Description Of The Nature Of The Exemption B rim Seeks: This exemption will permit Brim Equipment Leasing, Inc. d/b/a Brim Aviation to commercially operate four Unmanned Aircraft System s (UAS) for the purpose s of conducting aerial acquisitions and closed

- set motion picture and television filming and production within the National Airspace System (NAS)

. G. Any Additional Information, Views, Or Arguments Available To Support B rim ’ s Request.
This Petition is made p ursuant to the FAA Modernization and Reform Act of 2012 (FMRA) Section 333, which directs the Secretary of Transportation to determine if certain UAS may operate safely in the NAS

. As such , B rim ’ s request for exemption may be granted pursuant to the authority of FMRA Sec tion 333 and 14 C.F.R. Part 11, as set forth above.
FMRA Section 333 sets forth the require ments for considering whether a UAS will create
a hazard to users of the NAS or the public , or otherwise pose a threat to national security; and further, p rovides the authority for such UAS to operate without airworthiness certification.27

As discussed in detail above , B rim will operate the subject UAS safely in the NAS , without creating a hazard to users of the NAS , or the public , or otherwise pose a threat to national security

. CONCLUSION
As set forth herein , Brim Equipment Leasing, Inc. d/b/a Brim Aviation seeks an exemption pursuant to 14 C.F.R. § 11.61 and Section 333 of the FAA Modernization and Reform
Act of 2012 (FMRA) , which will permit safe operation of the DJI S1000 UAS, the DJI Phantom 3 UAS, the DJI Inspire 1 UAS , and Turbo Ace Cinewing 6 HL UAS commercially , without an
airworthiness certificate , for the limited purpose s of conducting aerial acquisitions and closed

- set
motion picture and television filming and production within the National Airspace System ( NAS )

. By granting this Petition, the FAA Administrator will be fulfill ing the Congressional
mandate of the FAA Modernization and Reform Act of 2012, while also advancing th e interests
of the public , by allowing B rim to safely, efficiently, and economically operate the subject UAS commercially with in the NAS

. WHEREFORE , in accordance with the Federal Aviation Regulations and the FAA Modernization and Reform Act of 2012, Section 333, Brim Equipment Leasing, Inc. d/b/a Brim
Aviation respectfully requests that the Administrator grant this Petition for an exemption from the requirements of 14 C.F.R Sections 61.23(a) & (c), 61.101(e)( 4) & (e)(5), 61.113(a), 61.315(a), 91.7(a), 91.119(c), 91.121, 91.151(a), 91.405(a), 91.407(a)(1), 91.409(a)(1) & (a)(2),
and 91.417(a) & (b) , and permit Brim to operate the DJI S1000 UAS, the DJI Phantom 3 UAS, the DJI Inspire 1 UAS, and Turbo Ace Cinewin g 6 HL UAS for the commercial purposes of
aerial data collection , closed

- set motion picture and television filming , and production

.28

Dated: August 2 5 , 2015 Respectfully submitted,

The Aviation Law Firm /s/ Gregory S. Winton Gregory S. Winton, Esq. 1997 Annapolis Exchange Parkway Suite 300 Annapolis, Maryland 21401 Tel: (301) 294

- 8550 Fax: (866) 568

- 9886 Attorney for Petitioner