Jesse Brauning/ Pilot/ Click Rain Inc. / Owner ­Section 333 Exemption Petition

August 01, 2015

U. S. Department of Transportation

Docket Management System

1200 New Jersey Ave, SE

Washington, DC 20590

RE: Exemption Request Section 333 of the FAA Reform Act of the 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.lSl(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 pursuant to the FAA Modernization and Reform Act of 2012 and the

procedures contained within 14 C.F.R. 11, to request that I, Jesse Brauning, an operator of small unmanned

aircraft, be exempt from the Federal Aviation Regulations ("FARs") listed below so that I, Jesse Brauning, may

operate my company’s small ultra­lightweight unmanned aircraft system ("sUAS")

commercially in airspace regulated by the Federal Aviation Administration ("FAA").

As described herein, I, Jesse Brauning, am a creative 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, IA and eight years of experience in commercial video production. Click Rain has recently purchased a

DJI Inspire 1 quad­copter which is equipped with a camera and intended for aerial

videography/cinematography.

My, Jesse Brauning’s, exemption request would permit operation of the ultra­lightweight, unmanned (piloted by

remote control) and comparatively inexpensive sUAS(s) in tightly controlled and limited airspace.

Predetermined in areas away from general public, airports, heliports and vehicular traffic and within property

boundaries of local businesses for the purpose of creating 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/catastrophe through application of standard safety protocols.

Granting my, Jesse Brauning's, request comports with the Secretary of Transportation's (FAA

Administrator's) responsibilities and authority to not only integrate sUAS's into the national airspace

system, but to " ... establish requirements for the safe operation of such aircraft systems [sUAS's] in the

national airspace system" under Section 333(c) of the Reform Act specific to the use of sUAS's.. Further, I,

Jesse Brauning, will conduct my operations in compliance with the protocols described herein or as otherwise

established by the FAA.

For the reasons stated below, I, Jesse Brauning, respectfully request the grant of an exemption allowing me to

operate ultra­light weight, remote controlled sUAS's for academic community awareness to
Jesse Brauning/ Pilot/ Click Rain Inc. / 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 of South Dakota’s natural beauty to people all over the world. Both of which

will promote local economic growth through increased tourism.

I. Contact Information:

Jesse Brauning / Creative Media Strategist / sUAS Pilot

Click Rain, Inc

300 N Phillips AVE Suite 110

Sioux Falls, SD 57104

Phone: 605­275­6010

E­Mail: jesse@clickrain.com

II. The Specific Sections of Title 14 of the Code of Federal Regulations From Which Jesse Brauning

Requests Exemption are:

14 CFR 21;

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 relief Jesse Brauning seeks and the Reason He Seeks Such Relief:

I, Jesse Brauning, submit this application in accordance with the Reform Act, 112 P.L. 95 §§ 331­334, seeking

relief from any currently applicable FARs operating to prevent me, Jesse Brauning,

contemplated commercial cinematic, academic and other flight operations within the national airspace system.

The Reform Act in Section 332 provides for such integration of civil unmanned aircraft systems into our

national airspace system as it is in the public's interest to do so. My, Jesse Brauning's, ultra­lightweight sUAS

meets the definition of "small unmanned aircraft' as defined in Section 331, and

therefore, the integration of my ultra­lightweight sUAS is expressly contemplated by the Reform Act. I would

like to operate my ultra­lightweight sUAS prior to the time period by which the Reform Act

requires the FAA to promulgate rules governing such craft. Thereby, providing direct experience and valuable

information for formal regulation that can be administered uniformly to all travel, tourism & real estate sUAS

aerial video and photography. The Reform Act guides the Secretary in determining the types of

sUAS's that may operate safely in our national airspace system. Considerations include: The weight, size,

speed and overall capabilities of the sUAS's; Whether the sUAS will be operated near airports or heavily

populated areas; and, Whether the sUAS will be operated by line of sight. 112 P.L. 95 § 333 (a). Each of these

items reflect in favor of an exemption for me, Jesse Brauning. My sUAS utilizes four (4) counterrotating

propellers for balance, control and stability. My sUAS is equipped with GPS and auto return

safety technology. Weighing less than eight (8) pounds (far below the maximum 55 pound limit);

including camera with gimbal.

I, Jesse Brauning, consider safety as foremost with each flight. My small unmanned aircraft is designed to

hover in place via GPS and operate in less than a 24 knot (15 mph) wind. For safety, stability and fear of

financial loss, I will not fly in winds exceeding 16 kph {10 mph). Built in safety systems, include a GPS mode
Jesse Brauning/ Pilot/ Click Rain Inc. / Owner ­Section 333 Exemption Petition

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 of take­off. I do not operate my sUAS near airports, hospital

nor police heliports, and do not operate near areas where general public is within fifty to one hundred (50­100)

yards depending on location, conditions and weather. I am constantly on alert for any manned aircraft

(Police/Medical helicopters, etc.) and prepared to land/abort immediately to the nearest and safest ground

point should a manned aircraft approach my location or I suspect manned aircraft my approach near my

location. My sUAS is capable of vertical and horizontal operations, and is flown only within my ­­ the remote

control pilot’s ­­ line of sight. 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 a

fresh fully charged battery with 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 my sUAS at or below manufacturer recommended minimum

charge levels for operation; preferring to remain well within safe operating range to insure adequate

communication between radio control and sUAS to eliminate potential for crash, loss of control or hazard.

Reserve batteries are at hand with each exercise to insure replacement for sufficient safe level of operation. I

do 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 of this specific sUAS's performance under different temperature and weather conditions.

I, Jesse Brauning, am extremely cautious when operating my sUAS/ultra­lightweight unmanned

aircraft and will not "create a hazard to users of the national airspace system of the public." 112 P. L. 95 § 333

(b). Given the small size and weight of my sUAS, it falls well within Congress's contemplated safety zone 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 hobby flight, has a demonstrable safety record and does not pose any

threat to the general public or national security.

IV. How Jesse Brauning's Request Will Benefit the Public as a Whole:

It is my objective to provide this service with a "safety first" mindset so that the eventual commercialization of

sUAS flight is not affected negatively by those who are doing this without proper training.

Congress has already proclaimed that it is in the public's interest to integrate commercially flown sUAS's into

the national airspace system, hence the passing of the Reform Act. Granting my, Jesse Brauning’s, exemption

request furthers the public interest through academic/visual awareness of the geographical benefits in and

around the Northern California area. My ultra­lightweight sUAS is battery powered and creates no emissions

that can harm the environment. The consequence of my ultra­lightweight sUAS crashing is far less than a full

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 ultra­lightweight sUAS's. Permitting me, Jesse Brauning, to immediately fly within national air space

furthers economic growth. Granting my exemption request substantially furthers the economic impact for the

Northern California counties of El Dorado, Nevada and Placer communities for companies looking to relocate

and build in the said areas as well as individuals looking to relocate for

career advancement through academic and geographical awareness. Both of which serve as a stimulus to the

community.
Jesse Brauning/ Pilot/ Click Rain Inc. / Owner ­Section 333 Exemption Petition

V. Reasons Why Jesse Brauning's Exemption Will Not Adversely Affect Safety Or How The Exemption

Will Provide a Level of Safety At Least Equal To Existing Rule:

My, Jesse Brauning’s, exemption will not adversely affect safety. Quite the contrary, for the reasons

stated permitting me, Jesse Brauning, to log more flight time in FAA controlled airspace, with

communication with the FAA, will allow me to contribute to the innovation and implementation of new and

novel, as of yet undiscovered safety development in cooperation with the FAA. In addition, I, Jesse Brauning,

submit the following representations of enhancements to current aerial videography and

photography for real estate:

• My sUAS weighs less than eight (8) pounds;

• I only operate my sUAS below 200 feet (well within the 400 foot permissible ceiling set by the FAA

Modernization and Reform Act of 2012);

• My sUAS only operates for 3 ­ 7 minutes per flight;

• I land my sUAS prior to manufacturer recommended minimum level of battery power;

• I pilot my sUAS through remote control only by line of sight and with an additional spotter;

• My sUAS has GPS and a flight safety feature whereby it hovers and then slowly lands if

communication with the remote control pilot is lost;

• I actively analyze flight data and other sources of information to constantly update and enhance safety

protocols;

• I only operate in reasonably safe environments that are strictly controlled, are away from power lines,

elevated lights, airports and actively populated areas;

• I conduct extensive pre­flight inspections and protocol, during which safety carries primary

importance;

• I always obtain all necessary permissions prior to operation; and,

• I have procedures in place to abort flights in the event of safety breaches or potential danger.

My, Jesse Brauning's, safety protocols provide a level of safety equal to or exceeding existing rules. It is

important to note that absent the integration of commercial sUAS into our national airspace system,

helicopters are the primary means of aerial video and photography for community awareness and real estate.

While the safety record of such helicopters is remarkably astounding, there has been local

incident involving loss of life as well as extensive property damage; if is far safer to operate a battery

powered ultra­lightweight sUAS.

• First, the potential loss of life is diminished because sUAS's carry no people on board and I only

operate my sUAS in specific areas away from mass populations.

• Second, there is no fuel on board a sUAS and thus the potential for fire or explosion is greatly

diminished.

• Third, the small size and extreme maneuverability of my sUAS allow me to remotely pilot away from

and avoid hazards quickly and safely.

• Lastly, given its small size and weight, even when close enough to capture amazing images, my sUAS

need not be so close to the objects they are focused on through the technology and use of post editing

software allowing pan and zoom.

Accordingly, my sUAS has been experimentally operated for familiarization/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 of necessary airworthiness certificates in relation to FAR§ 91.203(a)(l). The size, weight and

enclosed operational area of my, Jesse Brauning's, sUAS permits exemption from

Part 21 because my sUAS meets (and exceeds) an equivalent level of safety pursuant to Section 333 of the

Reform Act. The FAA is authorized to exempt aircraft from the airworthiness certificate requirement under both

the Act (49 U.S.C § 44701 (f) and Section 333 of the Reform Act. Both pieces of legislation permit the FAA

exempt sUAS's from the airworthiness certificate requirement in consideration of the weight, size, speed,

maneuverability and proximity to areas such as airports and dense populations. My, Jesse Brauning's, current

and projected sUAS's meet or exceed each of the elements.

14 C.F.R. 91.7(a) prohibits the operation of an aircraft without 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 aircraft flight manual in the aircraft. As there are no on board pilots or

passengers, and given the size of the sUAS's, this Regulation is inapplicable. An

equivalent level of safety will be achieved by maintaining a safety/flight manual delineating

areas of where 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 my sUAS utilizes

electronic global positioning systems with a barometric sensor.

14 C.F.R. § 91.203 (a) and (b) provides for the carrying of civil aircraft certifications and

registrations. They are inapplicable for the same reasons described above. The equivalent level of safety will

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 of Federal Regulation require aircraft to be marked according to certain

specifications. My sUAS are, by definition, unmanned. They therefore do not have a cabin,

cockpit or pilot station on which to mark certain words or phrases. Further, two­inch lettering is difficult to place

on such small aircraft with dimensions smaller than minimal lettering

requirement. Regardless, I will mark its sUASs in the largest possible lettering by placing the

word "EXPERIMENTAL" on its fuselage as required by 14 C.F.R § 45.29 (f) so that I the pilot, or anyone

assisting me as a spotter with the UAV will see the markings. The FAA has previously

issued exemptions to this regulation through Exemptions Nos. 8738, 10167, 10167 A and 10700.

C. 14 C.F.R § 61.113: Private Pilot Privileges and Limitations: PIC.

Jesse Brauning/ Owner/ sUAS Pilot, El Dorado Hills, CA ­Section 333 Exemption Petition

Pursuant to 14 C.F.R. §§ 61.113 (a) & (b), private pilots are limited to non­commercial

operations. I, Jesse Brauning, can achieve an equivalent level of safety as achieved by current Regulations

because my sUAS does not carry any pilots or passengers. Further, while helpful, a pilot license will not ensure
Jesse Brauning/ Pilot/ Click Rain Inc. / Owner ­Section 333 Exemption Petition

remote control piloting skills. The risks attended to the operation of my 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 Safe Altitudes.

14 C.F.R. § 91.119 prescribes safe altitudes for the operation of civil aircraft. It allows

helicopters to be operated at lower altitudes in certain conditions. My sUAS will never operate at an altitude

greater than 200 AGL; safely below the standard of 400 AGL. I, Jesse Brauning, will however operate my

sUAS in safe areas away from public and traffic, providing a level of safety at least equivalent to or below those

in relation to minimum safe altitudes. Given the size, weight, maneuverability and speed of my sUAS, an

equivalent or higher level of safety will be achieved.

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

The above­cited Regulations require, amongst other things, aircraft owners and operators to

"have [the] aircraft inspected as prescribed in subpart E of this part and shall between required inspections,

except as provided in paragraph (c) of this section, have discrepancies repaired as prescribed in part 43 of this

chapter .... "

These Regulations only apply to aircraft with an airworthiness certificate. They will not,

therefore, apply to 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 of necessary airworthiness certificates in relation to FAR§

91.203{a)(l). The size, weight and enclosed operational area of my sUAS permits exemption

from Part 21 because my, Jesse Brauning's, sUAS meets an equivalent level of safety pursuant to

Section 333 of the Reform Act. The FAA is authorized to exempt aircraft from the airworthiness

certificate requirement under both the Act (49 U.S.C. § 44701 (f)) and Section 333 of the Reform Act.

Both pieces of legislation permit the FAA to exempt sUAS's from the airworthiness certificate

requirement in consideration of the weight, size, speed, maneuverability and proximity to areas such as

airports and dense populations. My sUAS meets or exceeds each of these elements. 14 C.F.R 91.7(a)

prohibits the operation of an aircraft without 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 aircraft flight manual in the aircraft. As there are no pilots or passengers, and given the size of the

sUAS's, the Regulation is inapplicable. An equivalent level of safety will be achieved by

maintaining a manual. The FAA has previously issued exemptions to this regulation in Exemption Nos. 8607,

8737, 8738, 9299, 9299A, 9565, 9565B, 10167, maintenance program that involves regular

software updates and curative measures for any damaged hardware. Therefore, an equivalent level of safety

will be achieved.
Jesse Brauning/ Pilot/ Click Rain Inc. / Owner ­Section 333 Exemption Petition

In Summary, Jesse Brauning seeks an exemption from the following 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); 14 C.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 aircraft vehicle in travel, tourism and real estate operations. Currently,

aerial videography/photography relies primarily on the use of larger aircraft running on combustible fuel,posing

potential risk to the 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 aircraft with much less flight time. 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 of a flight operations manual that exceeds currently accepted means and methods for safe

flight. Formal collection of information shared with the FAA will enhance the FAA's internal efforts to establish

protocols for complying with the FAA Modernization and Reform Act of 2012. There are no personnel on board

my, Jesse Brauning's, sUAS, and therefore, the likelihood of death or serious bodily injury is significantly

diminished. My, Jesse Brauning's, operation of my sUAS weighing less than 8 pounds and traveling at lower

speeds within limited areas, will provide an equivalent level of safety as that achieved under current FARs.

Accordingly, I, Jesse Brauning, respectfully request that the FAA grant my exemption request. I am willing to

cooperate in sharing information to benefit the FAA, safety of manned 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