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UNITED STATES OF AMERICA 

DEPARTMENT OF TRANSPORTATION 

FEDERAL AVIATION ADMINISTRATION 

DOCKET MANAGEMENT SYSTEM

1200 NEW JERSEY AVE., SE 

WASHINGTON, DC 20590

Attention:

Brenda Robeson Program Analyst, 

Airmen and Airspace Rules Division

IN THE MATTER OF THE PETITION FOR EXEMPTION AND THE

FAA’S LETTER DATED JUNE 25, 2015 REQUESTING ADDITIONAL INFORMATION FROM:

Braden Keller

FOR AN EXEMPTION SEEKING RELIEF FROM

THE REQUIREMENTS OF THE FAA REFORM ACT AND PART

11 OF THE FEDERAL AVIATION REGULATIONS FROM TITLE

14 OF THE CODE OF FEDERAL REGULATIONS

SECTIONS C.F.R. §§ 61.113 (a) & (b); 91.7(a); 91.119 (c); 91.121; 91.151(a);

91.405 (a); 91.407(a) (1); 91.409 (a) (2); 91.417 (a) & (b).

CONCERNING COMMERCIAL OPERATION OF UNMANNED AIRCRAFT SYSTEMS 

PURSUANT TO SECTION 333 OF THE FAA MODERNIZATION

AND REFORM ACT OF 2012 (PUBLIC LAW 112-95)

Submitted	on	September	22,	2015

Braden	Keller

243	Rainbow	Way

Kelso,	WA	98626

bradenkeller@gmail.com
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Table	of	Contents

GLOSSARY	OF	ABBREVIATIONS...........................................................................................3

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

Executive	Summary .................................................................................................................4

Expeditious	Summary	Grant	Approval	Request......................................................................4

Description	of	Type,	Make	and	Models	of	sUAV/UAS	Requested:.............................................5

Commercial	(Mission,	Operation)	Purpose:........................................................................................5

Regulations	from	which	the	Exemption	Relief	is	requested:.......................................................6

The	name	and	address	of	the	Petitioner: .............................................................................................7

Background...........................................................................................................................................7

Commitment	to	Safety..................................................................................................................................7

Expertise	&	Experience................................................................................................................................8

The	Exemption	Request .........................................................................................................9

Operator	Requirements ................................................................................................................ 11

Aircraft and	Equivalent	Level	of	Safety.................................................................................... 14

Specific	Uses	Public	Benefits ....................................................................................................... 18

Equivalent	Level	of	Safety............................................................................................................. 19

14	C.F.R.	§	91.7(a):	Civil	aircraft	airworthiness..............................................................................20

14	C.F.R.	§91.119:	Minimum	safe	altitudes ......................................................................................21

14	C.F.R.	§91.121	Altimeter	Settings...................................................................................................21

14	C.F.R.	§	91.151(a):	Fuel	Requirements	for	Flight	in	VFR	Conditions ..............................21

14 C.F.R.	§91.405	(a);	91.407	(a)	(1);	91.409(a)	(2);	91.417(a)	&	(b):	Maintenance	

Inspections.....................................................................................................................................................22

Federal	Register	Publication............................................................................................. 23

Privacy	and	National	Security........................................................................................... 23

Summary................................................................................................................................... 24

APPENDIX	A - EXEMPTION	PATTERN....................................................................................... 26

APPENDIX	B - TECHNICAL	MANUALS	AND	SPECIFICATIONS............................................ 27

APPENDIX	C - COMMERCIAL	(MISSION/OPERATION)	PURPOSE - FAA	PREVIOUS	

APPROVED	EXEMPTION	NUMBERS ........................................................................................... 28

APPENDIX	D - EQUIPMENT	- FAA	PREVIOUS	APPROVED	EXEMPTION	NUMBERS.... 29

APPENDIX	E - EXEMPTION	14	C.F.R - FAA	PREVIOUS	APPROVED	EXEMPTION	

NUMBERS............................................................................................................................................ 30

APPENDIX	F - MONTHLY	MAINTENANCE AND	REPAIR	LOG............................................. 31

APPENDIX	G	– MOTION	PICTURE	AND	TELEVISION	FLIGHT	OPERATIONS	MANUAL	

VERSION	1.0....................................................................................................................................... 32
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GLOSSARY OF ABBREVIATIONS

AGL																						 Above	Ground	Level

AOI																							 Area	of	Interest

ATC																						 Air	Traffic	Control

ATO																						 Air	Traffic	Organization

AV																									 Aerial	Vehicle

CFR																							 Code	of	Federal	Regulations

COA																						 Certificate	of	Authorization

FAA																						 Federal	Aviation	Administration

FAR																						 Federal	Aviation	Regulation

GCS																							 Ground Control	Station	

GPS																							 Global	Positioning	System	

LOL																							 Loss	of	Link

NAS																						 National	Airspace	System

NOTAM															 Notice	To	Airman

PIC																								 Pilot	In	Command

Section	333								 FAA	Modernization	and	Reform	Act	of	2012	(FMRA)	Section	333

SO																									 Safety	Observer

SOP																							 Standard	Operating	Procedures	

sUAS																				 Small	Unmanned	Aircraft	System	

sUAV																				 Small	Unmanned	Aircraft	Vehicle	

UA																									 Unmanned	Aircraft

UAS																						 Unmanned	Aircraft	System

UAV																						 Unmanned	Aircraft	Vehicle

VFR																						 Visual	Flight	Rules

VLOS																				 Visual	Line	of	Site

VMC																					 Visual	Meteorological	Conditions

VTOL																				 Vertical	Take-Off	and	Landing
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INTRODUCTION AND INTERESTS OF THE PETITIONER

Dear	Sir	or	Madam:

Pursuant to Section 333 of the FAA Modernization and Reform Act	 of 2012 (the	

“Reform	 Act”)	 and 14 C.F.R. Part	 11,	 Braden	 Keller, (“Braden	 Keller”) Operator of

Small Unmanned Aircraft Systems (“sUASs”) equipped to offer	 on-demand	

commercial	UAS	operations	for	a	host	of	industries	and	applications and	to perform

the purposes listed below, hereby applies for an exemption from the	 listed	

Federal	 Aviation	 Regulations	 (“FARs”) to	 allow commercial	 operation	 of	 its	

sUAV’s/UAS,	 so	 long as	 such	 operations	 are conducted within and	 under	 the	

conditions outlined herein or as may be established by the FAA in an exemption	

granted	under	either	Section	333	or Section	49	U.S.C.	§44701(f)	

As			described	 more			fully	 below,	 the	 requested	 exemption	 would permit	 the	

operation of	 a	 UAS	 under	 controlled	 conditions	 in	 airspace	 that is	 1) limited;	 2)	

predetermined;	and 3) would provide	safety enhancements in the fields in which it	

will operate, which now depend upon conventional aircraft or humans climbing	

high		on		dangerous		structures,		walking	 in		insect		laden		swamps,		and		working	

adjacent to treacherous infrastructure. Approval of this exemption	 would thereby	

enhance	 	 safety	 	 and	 	 fulfill	 	 the	 	 Secretary	 of	 	 Transportation’s	 	 (the	 	 FAA	

Administrator’s) responsibilities	to	“... establish requirements	for	the	safe	operation	

of		such		aircraft		systems		in		the		national	 airspace		system.”	 Section		333(c)		of		the	

Reform	Act.

1

Description of Type, Make and Models of sUAV/UAS Requested:

The	petitioner	is seeking	an	exemption	to commercially	operate	sUAV’s makes	and	

modes	as	follows:	

DJI	- Phantom 2, DJI - Phantom 3, DJI - Inspire 1, DJI	– Spreading Wings S800,	DJI	–

Spreading Wings S900, DJI – Spreading Wings S1000, DJI – Matrics 100, Cinestar 8	

Octo,	Altavian	Nova	F6500,	Blade	350	QX3,	AgEagle,	3DRobotics	X8,	3DRobotics	Iris,	

3DRobotics	Solo,	SenseFly eBee,	Yuneec	Q500 Typhon,	DraganFlyer	X4-ES, Trimble	

UX5,	Microdrones	MD4	

Each		 separately		weighs		 55		 lbs.		 or		 less,		with		 imaging		 payload		 and		 applicable	

equipment.

Equipment operation manuals for each sUAV are included for your reference and	

are considered confidential information for	each respective company’s UAS and are	

affixed	separately	in	these	documents	labeled Appendix.
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Commercial (Mission, Operation) Purpose:

This	exemption request, once granted would allow the petitioner to operate a small	

unmanned	aerial	vehicle	(sUAV),	unmanned	aircraft	system	(UAS)	to	conduct	bridge	

Inspections, flare stack inspection, utility-power	generation system	inspections and	

patrolling,	 aerial	 inspection,	 photography	 and	 videography	 of	 residential	 and	

commercial	 real	estate,	weddings, aerial	inspection,	photography	and	videography																																			

of	 utility infrastructure including but not limited to electrical power lines, wind	

turbines	 and	 cell towers,	 pipeline inspection	 and	 patrolling, filmmaking,	

cinematography,	 and	 videography,	 precision	 agriculture	 with	 on board	 sensors,	

wildlife and	forestry monitoring	and mosquito and insect control, aerial surveying,	

construction	site inspection	and	monitoring,	public	entity	support	operations,	Aerial	

imaging	 for safety,	 monitoring	 and	 comparing	 work efforts	 and	 completion	

percentages, and security of controlled environment of various sites, aerial video	

and live video	 feed	 to assist	with search	and	rescue	operations under	 the authority	

and	support	of	local	authority	officials,	aerial	video	and	photography	 for	public	and	

private use including television, public events, and cinematography live feed and	

live	newsgathering,	training	to	persons	individually	or	belonging	to	both	private	and	

public	 organizations	 to increase	 awareness		and	 improve	 safety	 for	 current	 and	

future		UAS	 operations		within	 the	 NAS,		special	 events:		including	 high		schools.	

colleges,	 professional	 sports,	 open	 air	 events	 and	 fairs, research,	 risk	 management	

and		assessment,		motion picture production1, surface mining, closed set filming2,	

disaster	and	catastrophe	events.

Regulationsfrom which the Exemption Relief is	requested:

14	C.F.R.	§	61.113	(a)	&	(b)

14	C.F.R.	§	61.133(a)

14	C.F.R.	§	91.7(a)

14	C.F.	R.§	91.119

14	C.F.R.	§	91.121

14	C.F.R.	§	91.151	(a)

14	C.F.R.	§	91.405	(a)

14	C.F.R.	§	407	(a)	(1)

14	C.F.R.	§	409	(a)	(2)

14	C.F.R.	§	417	(a)	&	(b)

See	Appendix	E
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																																							 														 1 Motion	Picture	and	Television	Flight	Operations	Manual	is	herein	attached	as	

Appendix	G.

2 Motion	Picture	and	Television	Flight	Operations	Manual	for	closed	set	filming	is	

herein	attached	as	Appendix	G.
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The name and address of the Petitioner:

Braden	Keller

243	Rainbow	Way

Kelso,	WA	98626

bradenkeller@gmail.com

Background

The			 Petitioner,			 Braden	Keller			 is			 a			 highly			 accomplished,			 capable,	

experienced	and	trusted	professional.

Braden	 Keller	 is	 a health	 care	 professional,	 commercial	 fisherman, and an	

independent/freelance	 	 photographer/videographer.	 	 Braden	 Keller works	 on	 a	

commercial	 fishing	 boat,	where he facilitate a process that makes sure company

videos follow safety rules	and regulations.

Commitment to Safety

As	 part	 of	 its	 commitment	 to	 safety	 and	 innovation,	 Braden	Keller		is	asking	for

this	exemption	in	part,	to	reduce	the risk	of	injury	to	its	employees	and	contractors	

who	participate	in	the	proposed activities	the	petitioner	requests,	including but not

limited to damage to agriculture, natural habitat, buildings and	 other	 structures	

within	the	United	States.	

Braden	 Keller	 has	 been a	 sUAS	 hobbyist	for about	two years,	 with	 more	 than 100	

consecutive,	safe	flights with	his	DJI	Phantom	3	Advanced in	the	last year	alone, with	

more than 100 hours of flight time. He conducts an extensive pre-flight check before	

every	 flight. He conducts	a	 safety	 briefing	 prior	 to	every flight,	indicating the	 flight	

plan and making sure everyone	is aware of potential	hazards	in our	 surroundings.	

The	 safety	 briefing	 is	 also an	 opportunity	 to designate	 a	 person	 to call	 911	 in	 the	

event of an emergency, and do determine whether anyone on site is CPR certified.
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Each flight is flown line of sight with a pilot	 (myself), and a spotter. Most flights	

include		 a		 dedicated			camera		 operator		 as			well.		 Maintaining		 line		 of		 sight		 is

accomplished	 by putting great effort	 into planning each camera	 move/pass before	

initiating	it.

Braden	Keller	is	 formally	 requesting	permission	to fly his	DJI	Phantom	3	Advanced

commercially in the United	States to capture aerial cinematography	 for	clients who	

would otherwise	have	to contract	a	manned	aerial	vehicle,	which	would	put	human	

life at a greater risk. Much of the commercial cinematography he plans to conduct	

will be	at altitudes and in environments unsafe for	a manned vehicle. This	includes	

low-altitude	passes	over	landscapes	such	as	open	farm-land,	or	over	wooded	areas.

Expertise & Experience

Braden	Keller	and Braden	Keller	due to his professional	experience as a	trusted pilot

as is extremely qualified and is considered an up and	coming subject matter expert

in the Pacific	 North	 West area for UAS of all types, models and	 makes.	
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The Exemption Request

Braden	Keller	proposes the use of the sUAV’s will be for capture of high	resolution			

imagery			and video	 of residential	 or commercial	 applications	 and	purposes	

to	 a	 level	 of quality	 that	 allows	 the Petitioner	 to	 use	 the	 imagery	 to	identify,	

record,	memorialize	events	and	objects	according	to	the	purposes	noted.	

The	 imagery	 and video	 will be used	 to identify	 the	 condition	 of	 landscapes,	

agriculture, events, disasters	and infrastructure	 to conduct bridge	inspections,	flare	

stack	 inspection, utility-power	 generation	 system	 inspections	 and patrolling,	 aerial	

inspection,	photography and videography of residential and commercial real estate,	

weddings, aerial inspection,	 photography and videography of utility infrastructure	

including	 but	 not	 limited	 to	 electrical	 power	 lines,	 wind	 turbines	 and cell	 towers,	

pipeline	 inspection	 and patrolling,	 filmmaking,	 cinematography,	 and	 videography,	

precision agriculture with on board sensors,	 wildlife and forestry monitoring and	

mosquito	 and	 insect	 control, aerial	 surveying,	 construction	 site	 inspection	 and	

monitoring, public entity support operations,	 aerial imaging for safety, monitoring	

and	comparing	work efforts	and	completion	percentages,	and	security	of	controlled	

environment of various sites, aerial video and live video feed to assist with search	

and rescue operations	 under the authority and support of local authority officials,	

aerial video	and photography	for public and private use including television, public	

events,	 and cinematography	 live	 feed	 and	 live newsgathering,	 training	 to	 persons	

individually or belonging to both private and public organizations	 to increase	

awareness and improve safety for current and future UAS operations within the	

NAS,	 special	 events:	 including	 high	 schools, colleges,	 professional	 sports,	 open	 air	

events and fairs research, risk management and assessment,	 motion picture	

production,	surface	mining,	closed	set	filming,	disaster	and	catastrophe	events.

The UAS	 will	 be	 operated	 by	 a Braden	 Keller and or contracting	 operators	 on

occasion to capture	high-resolution imagery/video of large structures (wide and	tall)

such	 as warehouses,	 high	 rise	 buildings,	 bridges, and	 construction	 sites,	 as	 well	 as

“birds eye” views	 of fire	 and	 explosion sites. Given the small size of	 the sUAV’s	

involved, no more than 55	lbs., majority of the speed of operation be between 5-15	

mph	and	 the	 restricted	environment	within which	 they will operate,	 the	 Petitioner	

falls	 squarely	 within	 that zone	 of	 safety	 (an equivalent level	 of	 safety)	 in	 which	

Congress envisioned that the FAA must, by exemption, allow commercial operations	

of	UASs	to	commence	immediately.

This	exemption application is	 submitted to	 fulfill Congress’	express	goal in	 passing	

Sections 333(a) through (c) of the Reform Act. This law directs	 the Secretary of	

Transportation			to			consider	 whether	 certain unmanned	 aircraft	 systems	 may	

operate	 safely	 in	 the	 national	 airspace	 system	 (NAS)	 before	 completion of	 the	

rulemaking		 required		 under		 Section		 332		 of		 the		 Reform		 Act.		 In		 making		 this	

determination,	the	 Secretary	 is	 required	to determine	which	types	 of	UASs	 do not	
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create	a	hazard	to	users	of	the	NAS	or	the	public	or	pose	a	threat	to	national security	

in	light	of	the	following:

• The	UAS’	size,	weight,	speed,	and	operational	capability;

• Operation of	the	UAS	in	close	proximity	to	airports	and	populated	areas;	and

• Operation	of	the	UAS	within	visual	line	of	sight	of	the	Operator.

Reform Act § 333 (a). Lastly, if the	 Secretary determines that such	 vehicles “may	

operate safely	 in	 the national airspace system,	 the	 Secretary	 shall	 establish	

requirements	for	the	safe operation	of	such	aircraft	in	the	national	airspace	system.”	

Id.	§333(c)	(emphasis	added).

3

The			Federal			Aviation			Act			expressly			grants			the			FAA			the			authority			to			issue	

exemptions. This statutory authority, by its terms, includes exempting civil aircraft,	

as the term is defined	 under §40101 of the Act: The Administrator may grant an	

exemption from a requirement of a regulation prescribed under subsection (a) or	

(b) of this section or any of sections 44702-44716 of this title if the Administrator	

finds	the	 exemption	is	in	the	public	interest.	49 U.S.C.	 §44701(f).	 See also	49 USC	

§44711(a);		 49			USC		 §44704;		 14			CFR			§91.203(a)(1)			This			authority		 to		 grant	

exemptions	reaches	such	issues	as	authorization	of commercial operation	of	aircraft	

without	an	FAA	issued	pilot’s	license.

Braden	Keller	in filing this application is requesting that the FAA combine	the grant

of the Section 333 exemption with a standard Certificate of Operation	(COA) that	

will	allow commercial	operations	of	its	Braden	Keller’	sUAV	without	the	necessity of	

filing for	a	COA	for each	flight,	unless	such flight	is to	be	conducted		in		an		area		not		

approved	 	in	 	the	 	exemption.	 Compliance	 	with	 	 the	 conditions agreed to herein

and that may be imposed by the FAA, as set forth in	 prior	 Section	 333	

exemptions,	provide	the	separation	needed	from	other	aircraft.

In	addition,	given	 that all operations	will be conducted	below 400 AGL feet	and	no	

closer	 than 5 nautical miles of the geographic center of an airport as denoted	 on a	

current FAA published	 aeronautical chart, unless a letter of agreement with that	

airport’s management	 is obtained, Braden	 Keller requests	 that operations	 over	

congested	or	densely	populated	areas	be allowed. The	new sUAV’s do have	GPS	geofencing, it will operate at a very low altitude, within confined areas, at low	

speed and weighs no more than 55 lbs.. Such operations will only be under-taken	

with the approval of the land or home owner, as set forth herein, and will comply	

with	the	 requirements	that	 operations	 be no	 closer	than 500	feet	to the	 adjacent	

																																							 														 3 Applicant	interprets	this	provision	to	place	a	duty on	the	Administrator	to	not	only	

process applications for exemptions under section 333, but for the Administrator to	

craft conditions	for	the safe	operation	of	the	UAS,	if	it	should	be	determined	that	the	

conditions	set	forth	herein	do	not	fulfill	the	statutory	requirements	for	approval.
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building	unless	the	land	owner	has	provided	permission,	and	the	Operator	has	made	

a	safety	assessment	of	the	risk	from	such	operations.	

Operator	Requirements

Given	the	sUAV proposed	by Braden	Keller, Operators	should	not be	required to hold

a private pilot license. Braden	 Keller believes that 1) the	 operator, instead of

understanding how to operate a	passenger carrying aircraft,	should have knowledge

and experience that	 enables the safe operation of a small,	 remotely piloted sUAV

should understand airspace restrictions and	 know how to	 ensure separation from

other aircraft as well as non-participants and property; 2)	the sUAV	 has built-in

technical capabilities that limit the potential for unsafe	operation	 and		3) there	 are	

other	 security	 screening	 mechanisms	 already	 in	existence that Braden	Keller will

utilize to ensure the operators are acting	 consistently	 with	 national	 security	

interests.	

Given the sUAV safety features outlined below, Braden	 Keller proposes	 that	 its	

operations	 under	 this	 Exemption request	 should	 not be required to hold a	

commercial or	private pilot certification. Instead, Operators should be required	 to:	

have successfully completed, at a minimum, FAA private pilot ground instruction	

and			passed		 the		 FAA		 Private		 Pilot		 written		 examination		 or		 FAA-recognized	

equivalents;			have			completed			Braden			Keller’			training			program			for	operation	of	

the	UAS.

Braden Keller		notes	 that	 1) the	 FAA	 has	 found	 that	 safety		 factors	permitted

operation of	sUAV’s by Operators with these qualifications in the case of	operations	

pursuant	to public	COAs when	the mandatory	operating	conditions	specified	 above	

were	 present;	 and	 2) that	 the Notice	 of	 Proposed	 Rulemaking	 entitled	

Operation	 and Certification	 of	 Small	 Unmanned	 Aircraft	 Systems, 80 F.R.	

9544 (February 23, 2015) (“NPRM”),	does	not	require	the	operator	to	hold	a private	

pilot	license	or	a	third	class	medical.

Advanced	sUAV’s	has	a	navigation	and	control	system	and	auto-pilot	that	allows	it	to	

execute	very accurate	pre-programed	 flights.	Flights	are	pre-programmed	with	GPS	

waypoint	to	establish	perimeters	beyond which	the	aircraft	will not	operate. Flights	

under	 auto-pilot are not directed	 by positive	 manual input, but through	 preprogrammed	 flight	 parameters	 that	 are executed by	 the	 auto-pilot.	 In	 the	 case	 of	

unplanned	events,	the	Operator	inputs	preprogrammed evasive	maneuvers	from	the	

control			unit,			and			the			autopilot			executes			those			maneuvers.			Pre-programmed	

Operator	interventions	include: initiation	of	holding at	present position;	suspension	

of mission; fly back	 to launch point; abort mission and land immediately;	 and	

emergency			power		 cut		 off			and		 land		 (flight		 termination		 system).		 Additional	

automated	 safety	 functions	 and	 safety	 enhancing	 features	 of	 the	 Advanced	 sUAV’s	

may	 include	 the	 following:
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1)		Auto-pilot		detection		of		lost		GPS		or		of		insufficient		 satellites		initiates		an	

immediate landing,	

2) Low power on the aircraft triggers escalating alarms at GCS at 35% and 10%	

levels. Low	power	below 10%	triggers	an	immediate	landing,	

3) If the auto-pilot detects a lost-link to the ground controller, the UAS will hold	

position at its current location for 5 seconds and if the signal is not restored,	

execute	a	return to	home	and	land,	

4) Redundant “kill switches” that enable completely shutting the aircraft down	

in	flight	in the	event	of	a	loss	of	control	or	un-commanded deviation	from	the	

flight	path,	

5)		The	aircraft,	weighs less	than	55 lbs.,	fully	loaded,	

6)		The	motors are	driven	by	pulse	width	modulated	signals,	not	analog	signals,	

7) The aircraft	 will	 operate for the	 Purposes	 at	 no	 more	than	 30	 mph	(while	

imaging)	 nor	 above	 200 feet	 above	 the	 structure	 (imaging	 altitude)	 or a	

maximum	of	400 feet	AGL.

See			Federal			Aviation			Administration,			Notice			N-8900.227,			Unmanned			Aircraft	

Systems (UAS)	 Operational Approval, at 20-21 (July 30, 2013);	 As the FAA has	

determined in Exemptions 11062 thru 11067,11080 and 11110 (the “Exemptions”),	

in	 comparing	 the	 requirements	 for private	 pilot	 knowledge	 and	 the knowledge	

required	 for	 a	 commercial	 pilot, that knowledge	 associated	 with a	 private pilot	

license, and therefore private pilot ground school, was sufficient to allow private	

pilots	to	operate sUAV’s under	those	exemptions.	

Based upon that analysis, Braden	 Keller	 believes successful completion of	 FAA	

private pilot ground	school	is a suitable predicate to operating the sUAV	under	 this

exemption. Braden	 Keller	 proposes that the Operator accumulate	 required sUAV

flight training hours through the operation of sUAV’s rather than	flight		hours		in		

conventional		aircraft.		Those		hours		are		more		relevant		to		the	operations	 proposed		

herein	 than	 hours	 gained	 in	 obtaining	 a		private	 pilot’s certificate in conventional

or rotor aircraft. Those	aircraft are orders	of magnitude	heavier than the sUAS	and

carry not only the pilot himself, but also passengers and	 fuel, none of which is

carried in the sUAS. These conventional aircraft fly over all	 sorts	 of	 airspace	

without	the	permission	or	knowledge	of	the	landowner.	

A	handheld	radio	controller	controls	the	sUAV and	the	vehicle	is	operated	within	the	

line	of	 sight.	The requirements	of	Part	61.127	(commercial	flight	proficiency)	and	

§61.107	 (private	 	flight	 	proficiency),	 	 to	 	 the	 	extent	 	 they	 	are	 relevant	 	 to	 	UAS	

operations,	 can	 be taught in	 the	 training	 proposed	 herein.	 As	 a	 review	 of	 the	

requirements	 of	 part	 61.127	 and	 107	 demonstrate,	 the	 issues	 presented as	 they	

relate	 to	 a 55 pound	 aircraft,	 operating	 at less	 than	 30 mph		during	 filming	

operations	 are		those		taught	 in	 ground school	 and	 in	 flight	 training	 with	 the	

particular UAS and not gained from accumulating flight hours in a fixed wing or	

rotorcraft	 gas	 or jet A powered	 aircraft	 completing	 cross	 country	flights	 and	take	

offs	and	landings	at	controlled	and	uncontrolled	airports.
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As	 to	national security	review	of	pilots, each	of	Braden	Keller’	pilots/operators will

obtain internally provided	 certified	 training	 	 (Ground	 and	 Practical) from Braden	

Keller to	 operate the sUAV. This review and	 certification could reasonably vet the

Operators against any known terrorist or no	 fly	 listings	 that	 are	 relevant and	

publically available.

Braden	 Keller	 additionally asks that the exemption be issued without the	

requirement	for a	visual	observer.	As	set	forth	herein,	an	equivalent	level	of	safety	is	

provided by the size, speed and control capabilities of the aircraft,	 as well as the	

operational procedures that will be applicable to all flight hereunder. These obviate	

the	need	for	the	visual	observer.	

The	Operator will	be	operating	the	aircraft,	always	within	line	of	sight.	He	or	she	will	

walk and follow the aircraft around the inspection area so that while	it is flying its	

pre-programed and at times, manual flight path, the UAS will always be directly in	

his or her line of	sight. The Operator will not be	distracted by	viewing	 the pictures	

taken during the flight.	Rather, once	the sUAV is launched, the Operator’s only duty	

will	 be to	 watch	 the	 flight	 of	 the	 UAS	 over	the structure	 and	 intervene	 to	 address	

flight path deviations or other issues that arise during the flight. The functions that	

an	observer	performs where	 the	aircraft	is	 flown	at	long	distances	from the	launch	

area	will	not	be necessary	as	the Operator will always	have	the	aircraft	in	his	or her	

direct	 sight.	 The	 observer	 also will not be necessary	 because the	 Operator	 will	

conduct a pre-flight inspection of the area, will and if needed, cordon off the area	

and	will	perform	frequent	visual	scans	of	the	area	while	the	vehicle	is	operating.

Braden	 Keller	 again notes that the NPRM does not require the use of a	 visual

observer.	 Given the clear direction	in Section 333 of	 the Reform	 Act; the	 authority	

contained in	 the Federal	 Aviation Act, as	 amended;	 the	 strong	 equivalent	 level	 of	

safety	 surrounding	 the	 proposed	 operations, and	 the	 significant	 public	 benefit,	

including	 enhanced	 safety,	 reduction in	 environmental	 impacts,	 including	 reduced

emissions associated with allowing battery powered	 sUAV’s for these	 functions	

instead	of	turbine	or gas	power	aircraft/rotorcraft	and	operations	with	pilots having

at least a private pilot license, the grant of the requested exemptions is	in	the public	

interest. 4

																																							 														 4 Should	the	FAA determine	that	it	cannot	grant	such	an	exemption	for	operations	

without a	 FAA	 licensed	 private pilot, despite	the showing	 made	 herein, under	the	

statutory authority the FAA already has, Braden	Keller	will operate its	aircraft with

pilots holding at least a private pilot certificate issued by the FAA. In	that event,

Braden	Keller requests that the exemption be granted with	conditions	 similar	 to	

those	contained	in	numbered	paragraphs	14-15	in	Exemption	

11136
Page 14

Aircraft	and	Equivalent	Level	of	Safety

The Petitioner proposes that the exemption requested herein	apply to civil aircraft	

that have the characteristics and that operate with the limitations listed herein.	

These	limitations	provide	 for	at	least	an	equivalent	or even	higher level	of	safety	to	

operations	under	the	current regulatory	structure	because	the	proposed	operations	

represent	 a safety	 enhancement	 to the operations	 conducted	 with	 conventional	

aircraft or with humans climbing up and around structures. These conditions are	

drawn	 from	 Exemptions	 11136,	 11138,	 11172,	 11174	 and	 11177,	 11062,	 11109,	

11112,	and	11213 and as	recent	as	11857.

These limitations and conditions to which Braden	Keller	(referred to as	“Operator”)

agrees	 to	 be bound	 when	 conducting	 commercial	 operations	 under	 an	 FAA	 issued	

exemption	include:

1) Operations authorized by this grant of exemption are limited to	

the	aircraft described in	the	Operator’s manual,	which	is	a	multirotor weighing		up	 to	 55 pounds: Proposed	 operations of any	

other aircraft will require a new petition or a	petition	 to amend	

this	grant.

2) The UA may not be flown at an indicated airspeed exceeding 30	

mph	(10 mph	during	inspections).

3) The UA must be operated at an altitude of no	more than 400 feet	

above ground	 level (AGL), as indicated by the procedures	

specified	in	 the	Operator’s	manual. All	altitudes	reported	 to	ATC	

must	be	in	feet	AGL.

4) The	UA	must	be	operated	within visual	line	of	sight	(VLOS)	of	the	

Aircraft Operator	at	all	times.	This	requires	the	Aircraft Operator	

to	be able	to	use	human vision	unaided	by	any device	other	than	

corrective	lenses..

5) The	Exemption	Holder’s	Manuals	must	be	amended	to	include	all	

conditions	 and		limitations	 required	 by	 the	 FAA. The	 Manuals	

must		be		maintained		and made	 available	 to	 the Administrator	

upon request. If a discrepancy exists between the conditions and	

limitations in the	exemption and the procedures outlined in the	

Exemption Holder’s	 Operator’s manual, the conditions and	

limitations in the exemption take precedence	 and must be	

followed. Otherwise,	 the	 Aircraft	 Operator must	 follow	 the	

procedures	 as outlined in its Aircraft’s manual. The Exemption	

Holder may update or revise its Manuals. It	 is the Exemption	

Holder’s	 responsibility	 to	 track	 such	 revisions	 and	 present	

updated		 and		 revised		 documents		 to		 the		 Administrator		 upon	
Page 15

request. The	 Exemption Holder must also present updated and	

revised	documents	if	it petitions for an extension	or	amendment	

of this exemption. If the Exemption Holder	 determines that any	

update or revision	 would affect	 the basis upon which the FAA	

granted			this			exemption,			then			the			Exemption			Holder			must	

petition	for amendment	to	its exemption.

6) Prior	to	each	flight,	the	Aircraft	Operator	must	inspect	the	UAS	to	

ensure it is in a condition for safe flight. 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. The Ground Control Station must	 be included in the	

preflight inspection.	 All	 maintenance and	 alterations	 must	 be	

properly	documented	in	the	aircraft	records.

7) 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 test flight in	 accordance with the Exemption holder’s	

Manuals. The	Aircraft	Operator who conducts the	functional test	

flight	 must	 make	 an	 entry in	 the	 UAS aircraft	 records		of	 the	

flight.	 The	 requirements	 and		procedures		for	 a	 functional	 test	

flight	and	aircraft	 record	entry	must	be added	 to	 the	Exemption	

Holder’s	Operator’s	manual.

8) The	 Exemption	 Holder	 must	 follow	 the	 manufacturer’s	 UAS	

aircraft/component, maintenance,				 overhaul,				 replacement,	

inspection, and life limit	 requirements,	with particular attention	

to flight critical components that may not	 be addressed in the	

manufacturer’s	manuals.

9) The		 Exemption		 Holder		 must		 carry		 out		 its		 maintenance,	

inspections,	 and	 record		keeping	 requirements	 in	 accordance	

with the Operator’s Manuals. Maintenance,	 inspection, and	

alterations	must	be noted	in	 the	aircraft	logbook,	including	 total	

flight	hours,	description	of	work	accomplished,	and	the	signature	

of	the	authorized	technician	returning	the	UAS	to	service.

10)		 The	authorized	technicians	must	receive	and document	training	

referenced	in	the	Exemption	Holder’s	Manuals.

11)		 Each	UAS	operated	under	this	exemption	must	 comply	with	all	

manufacturer System	and	Safety	Bulletins.

12)		 The		Exemption		Holder’s		maintenance		personnel		must		make		a	

record entry	 in	the UAS logbook	 or equivalent	 document	 of	the	
Page 16

corrective			 action			 taken			 against			 discrepancies			 discovered	

between	inspections.

13)		 Prior	to	commencing	operations,	the	Aircraft	Operator	shall	have	

logged at least 25 hours of total time as a UA rotorcraft pilot and	

at	least	ten	hours	logged	as	a UA pilot	with	a	similar	UA	type	and	

5	hours	in	the	make	and	model.

14)	 	 If the	UAS	loses	 communications	or loses	its	GPS	 signal,	 the	UA	

must	 return	 to	 a	 pre-determined	 location	 within	 the	 private	 or	

controlled-access property	 and land or be	 recovered in	

accordance	with	the	Exemption	Holder’s	Manuals.

15)	 The	 Aircraft	 Operator	 must	 abort	 the	 flight in	 the	 event	 of	

unpredicted obstacles	 or emergencies, including unauthorized	

people			entering			the			flight			area,			in		 accordance			with			the	

Exemption	Holder’s	Manuals.

16)	 	 The	Aircraft	Operator	is prohibited	from beginning	a	UAS	flight	

unless (considering wind	and	forecast	weather conditions)	there	

is enough power to fly	to the first point of intended landing and,	

assuming normal cruising speed, to fly	 after that for at least 10	

minutes.

17)	 	 All	aircraft	 operated	in	accordance with	 the	exemption	must	be	

identified by serial number, registered in accordance with 14	

CFR	 part 47,	 and have identification (N- Number) markings in	

accordance	with	14 CFR	part	45,	Subpart C. Markings	must	be as	

large	as	practicable.

18)			Before	 conducting	 operations, the	 radio	 frequency	 spectrum

used for	 operation and control of the UA must comply with the	

Federal Communications				 Commission				 (FCC)				 or				 other	

appropriate	government	oversight	agency	requirements.

19)		 The	documents required	under 14	CFR 91.9	and	91.203	must be	

available to the Operator 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.	

20)		 The	UA	must	remain	clear	and	yield	the right of	way	to	all other	

manned operations and activities at all times	(including, but not	

limited to, ultra-light vehicles,	 parachute activities,	 parasailing	

activities,	 hang	 gliders,	 etc.).
Page 17

21)		 The	UA	may	not	be operated	by	the	Aircraft	Operator	from	any	

moving	device	or vehicle.

22)		 UAS	operations	may	not	be	conducted	during	night,	as	defined	in	

14	CFR	1.1.

23)	 	 	All operations must be conducted under visual meteorological	

conditions (VMC). 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 Operator.

24)		 During		operations		the		UA		may		not		operate		within		5		nautical	

miles of		the		geographic center of an airport as		denoted on a	

current	 FAA-published aeronautical	 chart	 unless	 a	 letter	 of	

agreement	 with	 that	 airport’s	 management is	 obtained,	 and	the	

operation	 is conducted	 in	 accordance	 with	 a	 NOTAM,	 if	 as	

required	by	the	Operator’s	COA.	The	letter	of	agreement	with	the	

airport management			 must			 be			 made			 available			 to			 the	

Administrator	upon	request.

25)		 The			UA			may			not			be			operated			over			congested			or			densely	

populated	areas	unless the	conditions	set	for	in	#26	are	satisfied.	

These populated areas	include but are not limited to the yellow	

areas	 depicted	 on	 World Aeronautical	 Charts (WAC),	 Sectional	

Aeronautical	Charts	(Sectionals),	or Terminal	Area	Charts	(TAC).	

However,	 aeronautical	 charts	 may	 not	 reflect	 pertinent	 local	

information. Ultimately,	 it	 is	 the	 Operator’s	 responsibility	 to	

maintain the minimum safe altitudes required by § 91.119 (d)	

(1).

26)	 	 	 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 debris	 in	 the	 event	 of	 an	

accident.	 The	 Aircraft Operator	 must	 ensure	 that	

nonparticipating	persons	remain under	such	protection.	If	a	

situation arises	where	 nonparticipating	 persons	leave such	

protection			and			are		 within			30			feet			of			the			UA,			flight	

operations	must	cease	immediately	and/or;

b.		 The aircraft is operated near vessels, vehicles	or structures	

where the	 land owner/controller	 has granted	 permission	

and/or	 the	Aircraft	Operator	has	made	a	safety	assessment	

of	 the	 risk	 of operating	 closer	 to	 those	 objects	 and;
Page 18

c.			 Operations	 near	 the	 Aircraft Operator	 do not present	 an	

undue	hazard to	the	Operator	per	§	91.119(a).

27)		 All		operations		shall		be		conducted	 over		private		or		controlledaccess	property with	permission	from	the	land	owner/controller	

or authorized					 representative.					 Permission					 from					 land	

owner/controller or authorized representative	 will	 be obtained	

for	each	flight	to	be	conducted.

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	

Integration 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.

Specific	Uses	Public	Benefits

Braden	Keller proposes	use	of	its sUAV provided	equivalent or augmented	

levels	of safety	for	each	of	the	uses	proposed	herein:

The present systems of photography and videography and mapping of inspecting	

the roofs,	 agriculture land, buildings and large structures site surveys,	 wild life	

monitoring,	 mosquito		and	 insect	 control	 are	 now	 conducted	 by	 either humans	

wading through swamps, climbing on the roofs and structures that are steep, tall,	

slippery,	weakened	or	otherwise	hazardous	or	by	the	use	of conventional	aircraft.	

The current procedures can result in significant injuries to the people who must	

climb on the roofs or require	the use of aircraft that are orders of magnitude greater	

in size than	 the sUAV. Either method, manual inspection or large conventional	

aircraft,		results		in		increased		risk		of		injury		due		to		personnel		falling		off		roofs		or	

ladders,	carrying heavy	ladders	and dealing	with	confined	and dangerous	spaces,	or	

increased	 risk	 from	 low altitude flyovers	 with	 helicopters	 or fixed wing aircraft	

inspecting	 buildings after damage from storms or other disasters, such as	

earthquakes or fires. Such flights are, of course, significantly more expensive than	

those	undertaken	with	a	sUAV.	

The	present system	exposes those not only in the immediate area of	inspection, but	

those who are along the path of flight associated with the arrival and departure of	

the conventional aircraft at the inspection site because the aircraft must be flown to	

and from	 the site.	By contrast, the sUAV	is carried to the site and transits no other	

property. Conventional aircraft carry flammable fuels that are not carried by the	

UAS	 and	 emit	 pollutants associated	 with	 internal	 combustion	 engines.	 The	 sUAV’s	

proposed	 herein	 are	 battery	 powered	 and	 have	 no	 emissions.
Page 19

Equivalent	Level	of	Safety

14	C.F.R.	§	61.113(a)	&	(b);:	Private	Pilot	Privileges	and Limitations;	Pilot	in	

Command;

Section 61.113(a) &	 (b)	limit private pilots to non-commercial operations.	Unlike a	

conventional	 aircraft	 that	 carries	 a	 pilot,	 passengers,	 and	 cargo,	 the	 Braden	 Keller’

sUAV	 is remotely controlled with no passengers or property of	 others on board.

Section 61.133(a) requires an individual with a commercial pilot’s	license	to	be	pilot	

in	command	of	an	aircraft	for	compensation	or	hire.	

Braden	 Keller	 respectfully proposes that Operator requirements	 should	 take into

account the	 characteristics of the particular UAS. Braden	 Keller’	 sUAV	 has a high

degree of pre-programmed	 control and various built-in technical	 capabilities that

strictly limit the potential for operation outside	of the operating	conditions	set	forth	

in	 the	 exemption	 application. The Braden	 Keller’ sUAV	 has	 navigation	 and	 control	

system	comprised	of a	Ground	Control	Station (GCS)	and	auto-pilot system that	can

be pre-programmed to set operational boundaries. All	flights	 are	 pre-programmed	

with	precision	GPS	guidance..	 In	the case	 of	unplanned	events,	 the Operator		may	

input	 pre-programmed	 evasive	 maneuvers	 from the	control	unit,	and	the	onboard	

autopilot	 executes	 those	 maneuvers. Pre-programmed	 Operator interventions

include initiation of holding at present position; suspension	of	mission;	fly back to	

launch	point;	abort	mission	and	land	immediately;	and	emergency	power	cut	off	and	

land	(Flight	Termination	System).

Additional	automated	 safety	 functions	and	 safety	enhancing	 features	 of	 the	Braden	

Keller’	sUAV’s	may	include	the following:

1.1.	Auto-pilot	detection	of	lost	GPS	or of	insufficient	 satellites	initiates	an	

immediate landing.

1.2. Low power on the aircraft triggers escalating alarms at GCS at 35% and	

10% levels.	Low	power below 10%	triggers	an	immediate	landing.

1.3. If the auto-pilot detects a lost-link to the ground controller, the UAS will	

hold position	at	its	current	location	for	5	seconds	and	if	the	signal	is	not	

restored, execute	a	return	to	home	and	land.

1.4.	 Redundant	 “kill	 switches”	 that	 enable	 completely	 shutting	 the	 aircraft	

down	 in	 flight	 in	 the	 event	 of	 a	 loss	 of	 control	 or un-commanded	

deviation	from	the	flight	path.

1.5.	The	aircraft,	weighs	less	than	55 lbs.,	fully	loaded.

1.6.	 The	 motors	 are driven	 by	 pulse	 width	 modulated	 signals,	 not	 analog	

signals.

1.7. The aircraft will operate for the Purposes at no more than 30 mph

(while		imaging)		nor		 above		200		feet		 above		the		 structure		(imaging	

altitude)	or	a	maximum	of	400 AGL.
Page 20

Given these safety features, Braden	 Keller	 proposes that Operators of the	 Braden

Keller’	 sUAV	 should	 not	 be required	 to	 hold	 a	 commercial	 or	private	 pilot	

certification.	

Instead,	 Operators	 should	 be	 required	 	to:	 have	 successfully	 completed,	 at	 a	

minimum, FAA	 private pilot ground	 instruction and	 passed	 the FAA	 Private Pilot	

written examination or FAA-recognized	 equivalents; have completed	 the	

manufacturer’s or Braden	Keller’ training program for operation of the	UAS.

Braden	Keller	notes that the FAA has found that safety factors permitted	operation	

of UASs	by Operators	with	these	qualifications in	the	case	of	operations	pursuant to	

public COAs	 where	 the mandatory	 operating	 conditions	 specified	 above	 were

present. See,	 Federal Aviation Administration, Notice N-8900.227, Unmanned	

Aircraft	 Systems (UAS)	 Operational	 Approval,	 at 20-21 (July 30,	 2013).	 Likewise,	

Braden	 Keller notes that the NPRM does not require that the Operator	 hold	 a	

private	pilot	license	issued	by	the	FAA.

Given		 these		conditions		and		restrictions,		an		equivalent		level		of		safety		will		be	

provided	by allowing operation of	 the Braden	Keller’	sUAV	without a	private pilot’s

certificate or a commercial pilot’s certificate, under the	conditions set	forth	herein.

The risks associated with the operation of the Braden	Keller’ sUAV (given	its size,	

speed,	operational capabilities, and lack of	combustible fuel) are so	diminished from

the level of risk associated with private pilot	 operations or	 commercial operations

contemplated	 by Part 61 with conventional	 aircraft (fixed	wing or rotorcraft), that	

allowing operations of the UAS as set forth	above meets or	exceeds the present level

of safety provided under 14 C.F.R.	§ 61.113(a)	&	(b)	and	does not rise to the level

of requiring a commercial pilot to operate the aircraft	under §	61.133(a).

14 C.F.R. § 91.7(a): Civil aircraft airworthiness.

This	 regulation requires	 that no	 person	 may	 operate	 a	 civil	 aircraft	 unless it	 is	 in	

airworthy	 condition.	 Should	 the	 exemption	 be granted	 allowing	 commercial	

operation of	the UAS without an airworthiness certificate, no standard will exist for	

airworthiness of the UA. Given the size of the	aircraft and the requirements that the	

Operator	has	agreed	to as	it	relates	to	airworthiness, as	contained	in	the	manual, an	

equivalent level of safety will be	achieved by insuring	compliance with the manuals	

prior to each flight. The FAA has granted exemptions to conduct similar operations	

in	 Exemptions	 11062	 through	 11067,	 11080	 and	 11110.
Page 21

14 C.F.R. §91.119: Minimum safe altitudes

Section	 91.119 establishes	 safe	 altitudes	 for operation	 of	 civil	 aircraft.	 Section	

91.119 (d)	allows	helicopters	to	be operated	at less	than	the	minimums	prescribed,	

provided	the person	 operating	 the	 helicopter	 complies	 with	 any route	 or altitudes	

prescribed	 for helicopters	 by	 the	 FAA.	 As	 this exemption	 is	 for a	 sUAS that	 is	 a	

helicopter and the exemption requests authority to operate at altitudes up to 400	

AGL,	an	exemption	may	be	needed	to	allow	such	operations.	

The equivalent level of safety will be achieved given the size, weight, and speed of	

the UAS as well as the location where	it is operated.	No	 flight will be	taken without	

the permission of the property owner, facility owner, and/or local officials. Because	

of	the	advance	notice	to	the property	owner	and	participants,	all	affected	individuals	

will be	aware	of	the	planned	flight operations	as	set	forth	in	the	Manuals.	Compared	

to flight operations with aircraft or rotorcraft weighing far more than the maximum	

55 lbs. and the lack of flammable fuel, any risk associated with these operations is	

far		less		than		those		presently presented by conventional aircraft operating at or	

below 500 AGL	 in the aerial photography	 industry.	 In addition, the low-altitude	

operations of the sUAS	will ensure separation between these small-UAS operations	

and the operations of conventional aircraft that must comply with Section 91.119.	

The	 FAA	 has	 granted	 exemptions	 to	 conduct	 similar	 operations	 in Exemptions	

11062	through	11067,	11080	and 11110.

14 C.F.R. §91.121 Altimeter Settings

This	 regulation	 requires	 each	 person	 operating	 an	 aircraft	 to	 maintain cruising	

altitude by	 reference	 to	an altimeter that is	 set “...to the	elevation of	the departure	

airport		or		an		appropriate	 altimeter		setting		available		before		departure.”		As		the	

Braden	 Keller’ sUAV,	 in manual or emergency	 mode, will not have a	 barometric

altimeter display, but instead a GPS altitude display, an exemption will	be needed.

The Operator, pursuant to the	 procedures set forth in the Manuals as	 indicated	

before	 flight,	 will	 achieve	 an	 equivalent	 level	 of	 safety. The	 FAA	 has	granted	

exemptions	 to	 conduct	 similar	 operations	 in	 Exemptions	 11062 through	

11067,	11080 and	11110.

14 C.F.R. § 91.151(a): Fuel Requirementsfor Flight in VFR Conditions

Section 91.151(a) prohibits an	 individual from beginning “a flight in an airplane	

under	 VFR	 conditions unless (considering wind and forecast	 weather conditions)	

there is enough		fuel to fly to the first point of intended landing, and, assuming	

normal cruising speed – (1) During the day, to fly after that for at least 30 minutes;	

or	 (2)	 At	 night,	 to	 fly	 after	 that	 for	 at	 least 45	 minutes.”
Page 22

The		battery		powering		the sUAS provides approximately 40 minutes of powered	

flight.	To	meet	 the	30-minute reserve	 requirement	in	14 CFR	 §91.151,	 sUAS	 flights	

would be	limited	to approximately	10	minutes	in	length.	Given	the	limitations	on	the	

UAS’ proposed flight area and	 the location of its proposed operations within a	

predetermined	area,	a	longer	time	frame	for flight	is	reasonable.

Petitioner believes that an exemption from 14 CFR §91.151(a) falls within the scope	

of prior exemptions. See Exemption 10673 (allowing Lockheed Martin Corporation	

to	operate	without	compliance	with	FAR	91.151	 (a)).	Operating	 the	small	UAS,	in	a	

tightly controlled area where	 only people	 and property owners	 or official	

representatives who have signed waivers will be allowed, with less than 30 minutes	

of		reserve		fuel,		does		not engender the type of		risks that	 Section 91.151(a)	 was	

intended	to	alleviate	given	the	size	and	speed	of	the	small	UAS.

Petitioner	 believes that an equivalent level of	 safety can be	 achieved by limiting	

flights to	 30 minutes or	25% of remaining battery power whichever happens first.	

This restriction would be more than adequate to return the sUAS	 to its planned	

landing zone from anywhere in its limited	operating area. Similar exemptions have	

been granted to other operations, including Exemptions 2689F, 5745, 10673, 10808	

and	Exemptions	11062,	through11067,	11080	and	11110.

14 C.F.R. §91.405 (a); 91.407 (a) (1); 91.409(a) (2); 91.417(a) & (b): Maintenance

Inspections

These		regulations	 require		that		an		aircraft	 Operator		or		owner		“shall	 have		that	

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...,” and others shall inspect or	

maintain	the	aircraft	in	compliance	with	Part	43.

Given that these sections	 and Part 43 apply only to aircraft	 with an airworthiness	

certificate,	 these sections will not apply to the Petitioner. Maintenance will be	

accomplished	 by	 the	 Operator	 or manufacturer pursuant to	 the	 flight	 manual and	

operating handbook as referenced in the Manuals attached as confidential Exhibits	

An equivalent level of safety	 will be achieved	 because these small UASs are very	

limited in size and will carry a small payload and	operate only in defined areas for	

limited	periods	of	time.	If	mechanical	issues	arise,	the	UAS can	land	immediately	and	

will be operating from no higher than 400 feet AGL. As provided in the Aircraft	

Flight Operations	Manual the Operator will ensure that the	UAS is in working order	

prior	 to initiating flight, perform	 required maintenance, and keep a log of	 any	

maintenance	 performed.	 	Moreover,	 	 the	 Operator	 and	 manufacturer	 are	 most

familiar with the aircraft and	 best suited to maintain the aircraft in an airworthy	

condition to provide the	equivalent level of	safety. The FAA has granted exemptions	

for	 similar	 operations	 in	 Exemptions	 11062	 through 11067,	 11080	 and	 11110.
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*********

Federal Register Publication

Pursuant	to	14 C.F.R.	Part	11,	the	following	summary	is	provided	for publication	in	

the	Federal	Register,	should	it	be	determined	that	publication	is	needed:

Petitioner seeks	an	exemption	from	the	following	rules:

14	C.F.R.	§§	61.113(a)	&	(b);	91.7(a);	91.119;	91.121;	91.151(a);	91.405(a);

91.407(a)(1);	 91.409(a)(2)	 and	 91.417	(a)	& (b)	to	 operate commercially	 a	 small	

unmanned	 vehicle	(55	 lbs.	 or less)	 for	the	 following	 purposes:	to	 conduct	 bridge	

inspections, flare stack inspection, utility-power	generation system	inspections	and	

patrolling, aerial inspection and photography of	 residential and commercial utility	

infrastructure	including	but	not	limited	 to	electrical	power	lines,	wind turbines	and	

cell	 towers,		pipeline		inspection and		patrolling,	 filmmaking,	 cinematography,		and	

videography,	 precision	 agriculture	 with	 on board	 sensors,	 wildlife	 and	 forestry	

monitoring	 and mosquito and insect control,	 aerial surveying,	 construction site	

inspection and monitoring, public	 entity support operations, aerial	 video and live	

video		feed		to		assist		with search and rescue operations under the authority and	

support		of		local		authority officials, aerial video		and photography	 for public and	

private use including television, public events, and cinematography live feed and	

live	newsgathering,	training	to	persons	individually	or	belonging	to	both	private	and	

public	 organizations	 to increase	 awareness		and	 improve	 safety	 for	 current	 and	

future		UAS	 operations		within	 the	 NAS,		special	 events:		including	 high		schools.	

colleges,	 professional	 sports,	 open	 air	 events	 and	 fairs, research,	 risk	 management	

and	 assessment,	 motion	 picture	 production,	 surface	 mining,	 closed	 set	 filming,	

disaster	and	catastrophe	events.

Privacy and National Security

All	flights	will	occur	over	private	or	controlled	access	property	with	the	property	

owner’s	prior	consent	and	knowledge.	Inspection	will	be	of	inanimate	objects	in	

areas	where	the	owners	will have	consented	to	the	inspections or	otherwise	have	

agreed	to	allow	the	UAS	and	the Operator	to	be	in	the	area	where operations	will	

take	place.	

The	size	of	the	UAS,	its	speed	and	restricted	area	of	operation	do	not	raise	national	

security	issues.
Page 24

Summary

Approval of	exemptions allowing commercial operations of	sUAV’s for petitioner to	

operate an unmanned aircraft system (UAS) to conduct bridge Inspections, flare	

stack	 inspection,	 utility-power	 generation	 system	 inspections	 and patrolling,	 aerial	

inspection and photography	 of	 residential and commercial	 utility infrastructure	

including	 but	 not	 limited	 to	 electrical	 power	 lines,	 wind	 turbines	 and cell	 towers,	

pipeline	 inspection	 and patrolling,	 filmmaking,	 cinematography,	 and	 videography,	

precision agriculture with on board sensors,	 wildlife and forestry monitoring and	

mosquito	 and	 insect	 control, aerial	 surveying,	 construction	 site	 inspection	 and	

monitoring, public entity support operations, aerial video and live video feed to	

assist	 with	 search	 and	 rescue	 operations	 under	 the	 authority	 and	 support	 of	 local	

authority	officials,	aerial	video	and	photography	for	public	and	private	use	including	

television, public events,	 and cinematography	 live feed	 and	 live newsgathering,	

training		 to			persons			individually			or			belonging		 to			both			private		 and			public	

organizations	 to	increase	awareness	and improve	safety	for current	and	 future UAS	

operations within the NAS,	 special events:	 including high	 schools.	 colleges,	

professional	 sports,	 open air events	 and fairs,	 research,	 risk	 management and	

assessment, motion picture production, surface mining, closed set filming, disaster	

and	catastrophe	events, will	enhance safety	by	reducing	risk.	

Conventional operations, using jet or piston powered aircraft, ladders or	 placing	

people in	swamps, on	roofs	or	tall,	hazardous	or	weakened	structures,	exposes	them	

to	 higher	 risks	 than	 those	 created	 by	 use	 of	 a	 sUAV’S. Conventional	 aircraft	 that	

operate at extremely low	altitudes just feet from the subject being inspected and in	

extreme	 proximity	 to		people	 and	 structures	 present	 the	 risks	 associated	 with	

vehicles that weigh in excess of 6,000 lbs., carrying large amounts of jet A or other	

fuel (140 gallons for jet helicopters). Such aircraft must fly to and	from	the project	

location. In contrast, a	sUAV weighing fewer than 55 lbs. and powered by batteries	

eliminates virtually all of	 that risk	given	 the	 reduced	mass	and	lack of	combustible	

fuel carried on board. The sUAV is carried to the target area and not flown. The	

sUAV	will carry no passengers or crew and, therefore, will not expose them to the	

risks	associated	with	manned aircraft	flights.

The operation of small UASs, weighing less than 55	lbs.,	conducted under the strict	

conditions	 outlined	above,	will	provide	an	equivalent	level	 of	 safety	 supporting	the	

grant	of	the exemptions	requested	herein.	These	lightweight	aircraft	operate	at	slow	

speeds, close to the ground, and in areas	that are under the control of the customer	

for the	 operations and,	 as	 a result, are far	 safer	 than conventional operations	

conducted with	 turbine helicopters	 operating in close	 proximity	 to	the ground	and	

people	or	the	use	of	individuals	to	climb	the	structures	to conduct	the operations.

Satisfaction of	 the criteria provided	in Section 333 of the Reform	Act of	2012	–size,	

weight, speed, operating capabilities, proximity to airports and populated areas and	

operation	 within	 visual	 line	 of	 sight	 and	 national	 security	 – provide	 more	 than	
Page 25

adequate		 justification			for			the		 grant		 of			the			requested			exemptions			allowing	

commercial	 operation of	 Petitioner’s	UAS	for the Purposes	 outlined herein	and	are	

consistent with exemptions already granted, including Exemptions number 11171	

through	 11174,	11176,	11177,	11062,	11109,	11112,	 and	11213	 and as	 recent	 as	

11857.

Sincerely,

Braden	Keller

243	Rainbow	Way

Kelso,	WA	98626

bradenkeller@gmail.com