Page 1 UNITED STATES OF AMERICA

DEPARTMEN T O F TRANSPORTATION

FEDERA L AVIATIO N ADMINISTRATION

DOCKE T MANAGEMEN T SYSTEM

1200 NEW JERSEY AVE., SE

W A SHINGTON, DC 20590

Attention:

Brenda Robeson Program Analyst,

Air m en and Airspace Rules Division

IN THE M A T TE R O F TH E PETITION FOR EXEMPTION A N D THE

F A A ’ S LETTE R D A TE D JUN E 25

, 201 5 REQUESTIN G A DDITION A L INFORM A TIO N FRO M :



## Braden Keller

FO R A N EXEMPTIO N SEEKIN G RELIE F FROM

TH E REQUIREMENT S O F TH E FA A REFOR M A C T AND P A R T

1 1 O F T HE FEDER A L A VI A TIO N REGU L A T ION S FROM T I T L E

1 4 O F TH E COD E O F FEDER A L REGU L A T IONS

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).

CONCERNIN G COMMERCI A L OPER A TIO N O F UN M A N NE D AI RCR A F T SYSTEMS

PURSU A NT TO SE CTION 333 OF TH E F A A M ODERNI Z A T ION

A N D REFOR M A CT OF 2012 (PUBLIC L A W 112

- 95)

Submitted	on	September	22,	2015

Braden	Keller

243	Rainbow	Way

Kelso,	WA	98626

bradenkeller@gmail.comPage 2 

### 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

Backgroun d

............................... . ............................... . .......................... ..... . ............................... . .......... . 7

Commitment	to	Safet y

............................... . ............................... . ............................... . ............................... . . . 7

Expertise	&	Experienc e

.............................. . . ............................... . ............................... . ............................... . 8

The	Exemption	Request

............................... . ............................... . ............................... . ......... 9

Operator	Requirements

... ............................ . ............................... . ............................... . ............... . 11

Aircraft and	Equivalent	Level	of	Safety

............................... . ............................... . ................... . 14

Specific	Uses	Pu blic	Benefits

............................... . ............................... . ............................... . ...... . 18

Equivalent	Level	of	Safet y

............................... . ............................... . ............................... . ............ . 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	Setting s

............................... . ............................... . ............................... . ... 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

Inspection s

............................... . ............................... . ............................... . ............................... . ..................... 22

Federal	Re gister	Publication

............................... . ............................... . ............................. 23

Privacy	and	National	Security

............................... . ............................... . ........................... 23

Summar y

...... ......................... . ............................... . ............................... . ............................... . ... 24

APPENDIX	A

- EXEMPTION	PATTERN

............................... . ............................... . ...................... . 26

APPE NDIX	B

- TECHNICAL	MANUALS	A N D	SPECIFICATION S

............................... . ........... . 27

APPENDIX	C

- COMMERCIAL	(MISSION/OPERATION)	PURPOSE

- FAA	PRE V IOUS

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

.................. ............. . ............................... . ............................... . ............................... . ...... . 32Page 3 

## G L OSSARY OF ABBREVI A TIONS

AG L Above	Grou n d	Level

AO I Area	of	Interest

ATC Air	Traffic	Control

ATO Air	Traffic	Organization

A V Aerial	Vehicle

CFR Code	of	Federal	Regulations

COA Certificate o f	Authorization

FA A Federal	Aviation	Administration

FA R Federal	Aviation	Regulation

GCS Ground Control	Station

GP S Global	Positioning	System

LO L 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

S O Safety	Observer

SOP Standard	O perating	Procedures

sUAS Small	Unmanned	Aircraft	System

sUAV Small	Unmanned	Aircraft	Vehicle

U A Unmanned	Aircraft

UAS Unmanned	Aircraft	System

UAV Unmanned	Aircraft	Vehicle

VFR Visual	Flight	Rules

VLOS Visual	Line	of	Site

VM C Visual	Meteorolog i cal	Conditions

VTO L Vertical	Tak e

- Off	and	LandingPage 4 

## INTR OD U CTION 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 belo w

, hereby applies for an exemption from the listed

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

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

conditions outlined herein or as may be established by the FAA in an exemp t ion

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

As			described more			f ully 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 pro v ide	safety enhancements in the fields in which it

will operate, which now depend u pon conventional aircraft or humans climbi n g

high		on d angerous		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 exemp t ion 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

– Matr i cs 100, Cinestar 8

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

3DRobotics Solo, Sen s eFly eBee, Yuneec Q500 Typhon, DraganFlyer X 4

- ES, Trimble

UX5,	Microdrones	MD4

E ach 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 Appendi x

.Page 5 

### 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, utilit y

- power	generation system	inspections and

patrolling, aerial inspection, photography and videography of residential and

commercial r eal estate, weddings

, aerial inspection, ph otography 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	 videogra p hy,	 precision	 agriculture	 with	 on board	 sensors,

wildlife and forestry monitoring	and mosquito and insect control, aer ial surveying,

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

imaging for safety,	 moni toring	 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 aware ness		and improve safety for current and

futu r e 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 produ ction 1

, surface mining, closed set filmin g 2

, disaster	and	catastrophe	events.



### Regulations from which the E xemptio n 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	EPage 6 1 Motion	Picture	and	Television	Flight	Operations	Manual	i s	herein	attached	as

Appendix	G.

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

herein	attached	as	Appendix	G.Page 7 

### The name and address of the Petitione r :

Braden	Keller

243	Rainbow	Way

Kelso,	WA	98626

bradenkeller@gmail.c om



### Background

The Petitione r

, Braden	Keller is a highly accomplished, capable,

experienced	and	trusted	professional.

Braden	 Keller i s a health	 care	 professional,	 commercial	 fisherman, and an

inde p endent/freelance photographer/ videograph er. 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,	t o	reduce the risk	of	injury	to	its	employees and contractors

who	participate	in	the	propo sed 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. H e conducts an extensive pre

- fl i ght check before

ever y	 flight. H e 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.Page 8 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	client s 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 pla n s to conduct

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

lo w

- 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 sub ject ma t ter expert

in the Pacific	 North	 West area for UAS of all types, models and makes.Page 9 

## The E x em p t i o n Request

Braden	Keller	proposes the use of the sUAV’s will be fo r 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 identi f y,

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

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

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

stack	 inspectio n

, utilit y

- power	 generation	 system	 inspections and patrolling,	 aerial

inspection,	photography and videography of residential and commerci al 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	 video graphy,

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

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

environment of various sites, aerial vi d eo 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	 l ive newsgathering,	 training	 to	 persons

individually or belonging to both private and public organizations	 to increase

awareness and impr ove safety for current and futu r e 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	se t	filming,	disaster	and	catastrophe	events.

The UAS	 will	 be	 operated	 by	 a Braden	 Keller and or contracting	 o p erators	 on

occasion to capture	hig h

- 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 5 5 lbs., majority of the speed of operation be between 5

- 15

mph	and	 the	 restricted	environment	within which	 they wi ll 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	 s ubmitted 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	 airspac e	 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 notPage 10 create	a	hazard	to	users	of the	NAS	or	the	public	or	pose	a	threat	to	national security

in	light	of	the	following:

• The	U A S ’	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	ai rcraft	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,

a s 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 4470 2

- 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	o f commercial operation	of	air craft

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	Bra den	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 se t 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	 o n a

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

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

congested	or	densely	populated	areas	be allowed. The	ne w sUAV’s d o have	GPS	geo

fencing, it w ill operate at a very low altitude, within confined areas, at low

speed and weighs no more than 5 5 lbs.. Such operations will only b e unde r

- taken

with the approval of the land or home owne r

, as set forth herein, and will comply

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

3 Applicant	interprets	this	provision	to	place	a	du t y 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.Page 11 building	unless	the	land	owner	has	prov ided	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 operat ion of a small,	 remotely piloted sUAV

should understand airspace restrictions and	 know how to	 ens ure separation from

other aircraft as well as non

- participants and property; 2) the sUAV	 has buil t

- in

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

other security screening mechanisms already in	existence t hat Braden	Keller will

utilize to ensure the operators are acting	 consistently	 with	 national	 security

inte r ests.

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 p rivate pilot ground instruction

and			passed the FAA Private Pilot written examination or FA A

- re cognized

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 COA s 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	aut o

- pilot	that	allows	it	to

execute very accurate pr e

- program ed	 flights.	Flights	are p r e

- programmed	with	GPS

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

under	 auto

- p ilot are not directed	 by positive	 manual input, but through	 pre

programmed	 flight	 parameters	 that	 are executed by	 the	 aut o

- 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	 featur es	 of	 the	 Advanced	 sUAV’s

may	 include	 the	 following:Page 12 1) Aut o

- pilot detection of lost GPS or of insufficient satellites initiates an

immediate landing,

2) Low power on the aircr aft 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	a nd	land,

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

in	flight	i n the	event	of	a	loss	of	control	or	un

- commanded dev i ation	from	the

flight	path,

5) The	aircraft,	weig h s 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 3 0 mph (while

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

maximum	of	400 fe e t	AGL.

See Federal			Aviation			Administration,			Notice			N

- 8900.227,			Unmanned			Aircraft

Systems (UAS)	 Operational App r oval, at 20

- 21 (July 30, 2013);	 As the FAA has

determined in Exemptions 11062 thru 11067,11080 and 11110 (th e “Exem p tions”),

i n	 comparing	 the	 requirements for private p i lot	 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 allo w 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 accumul ate	 required sUAV

flight trainin g ho u rs through the operation of sUAV ’ s rather than	flight		hours		in

conventional		aircraft. Thos e		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 o v er all sorts	 of	 airspace

without	the	permission	or	know l edge	of	the	landowne r

.

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 pr oposed 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 i n ground school and in flight training with the

pa r ticular 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.Page 13 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 sUA V

. 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 iss ued 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 b e 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 i nspection 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 pat h deviations or other issues that arise during the flight. The functions that

an	observer	performs where	 the	aircraft	i s	 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 b e necessary	 because the	 Operator	 will

conduct a pre

- flight inspection of the area, wi ll and if needed, cordon off the area

and	will	perfo r m	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 i n	 environmental	 impacts,	 incl uding	 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 th e

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

11136Page 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 l imitations listed herein.

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

operations	under	the	current regulatory	structure	because	the	proposed	operations

represent a safety	 enhancement to the operations	 conducted	 wi th	 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 exemp t ion are limited to

the	aircraft described in	the	Operator’s manual,	which	is	a	mult i

rotor weighing u p to 5 5 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	( 1 0 mph	during	insp ections).

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	ti mes.	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

co nditions and		limitations required by the FAA. The Manuals

must be maintained		and made available to the Administra tor

upon request. If a discrepancy exists between th e 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 updat e or revise its Manuals. It	 is the Exemption

Holder’s responsibility to track such revisions and present

updated and revised d ocuments to the Administrator uponPage 15 request. The	 Exemption Holder must also present updated and

revised	docum ents	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 re v eals

a condition that affects the saf e 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 include d in the

preflight inspection.	 All	 maintenance and	 alterations	 must be

properly	do cumented	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	 a ccordance 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 p rocedures		for a functional test

flight	and	a ircraft	 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 O p erator’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 autho rized 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

reco rd entry in the UAS logbook or equivalent document of thePage 16 corrective action taken against discrepancies discovered

between	inspections.

13 ) Prior	to	commencing	operations,	the	Aircra ft	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,	 th e	UA

must	 return	 to	 a	 pre

- determined	 location	 within	 the	 private or

controlle d

- 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 obstacl es or emergencies, including unauthorized

people			entering the flight			area, i n accordance			wi t h the

Exemption	Holder’s	Manuals.

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

unless (considering wind	and	forecast	weath er conditions)	there

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

assuming normal cruising s p eed, to fl y	 after that for at least 10

minutes.

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

identified b y serial nu mber, registered in accordance with 14

CFR	 part 47,	 and have identification (N

- Number) markings in

accordance	with 14 CF R	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

availab le to the Operator at the Ground Control Station of the

UAS any time the aircraft i s 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, ultr a

- light vehicles,	 parachute activities,	 parasailing

activities,	 hang	 gliders,	 etc.).Page 17 21 ) The UA may not be operated by the Aircraft Oper ator 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

fe et	 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		geograp h ic center of an airport as		deno ted on a

current	 FA A

- published aeronautical	 chart	 unless	 a	 letter	 of

agreement	 with	 that	 airport’s	 management i s	 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

air port 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 ar eas	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 p resent	 that	 sufficiently	 protect

nonparticipating	 persons from debris	 in	 the	 event	 of	 an

accident. Th e Aircraft Operator	 must	 ensure	 that

nonparticipating	persons	remain under	such	protection.	If	a

situation arises	where	 no nparticipating	 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 grante d	 permission

and/or	 the	Aircraft	Operator	has	made	a	saf e ty	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		op erations		shall be conducted over private or controlle d

access	property with	permission	from	the	land	owner/controller

or authorized representative. Permission from land

owner/controller or authorized representative	 will b e obta ined

for	each	flight	to	be	conducted.

28 )	 	 	 Any incident, accident, or flight operation that transgresses the

late r al or vertical boundaries of the operational area as defined

by	 the	 applicable COA	 must b e reported to the	 FAA’s	 UAS

Integration Office	 (AF S

- 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.go v

.



### Specific	Uses	Public	Benefits

Braden	Kell er proposes	use	of	its sUA V provided	equivalent or augmented

levels	of safety	for	each	of	the	uses	proposed	herein:

T he present systems of photography and videography and mapping of i nspecting

the roofs,	 agriculture land, buildings and larg e structures s ite 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 convent ional	aircraft.

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

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

in size than	 the sUA V. Either method, manual inspection or large conve ntional

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

ladders,	carrying heavy	ladders	and d ealing	with	confined	and dangerous	spaces, or

increased	 risk	 from	 low altitude flyovers wit h	 helicopters or fixed wing aircraft

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

earthquakes or fires. Such flights are, of course, si g nificantly mor e expensive t han

those	undertaken	with	a	sUAV

.

The	present system exposes those not only i n the im mediate 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 fro m	 the site. By contrast, the sUAV	is carried t o the site and transits no other

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

UAS	 and	 emit	 pollutants associated	 with	 inte r nal	 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,	 passenge rs,	 and	 cargo,	 the	 Braden	 Keller’

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

Section 61.133(a) re q uires an individual with a commercial pilot’s	license	to	be	pilot

in	command	of	an	aircraft	for	compensation	or	hire.

Br aden	 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 buil t

- 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

- programme d 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	 ma neuvers. 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).

Additi onal	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 insu f ficient satellites initiates an

immediate landing.

1.2. Low power on the airc raft triggers escalat i ng 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 grou n d 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	 sh u t t ing	 the aircraft

down	 in	 flight	 in	 the	 event	 of	 a	 loss	 of	 control or u n

- commanded

deviation	from	the	flight	path.

1.5. T he	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 3 0 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.

Instea d, Operators should b e required to : have successfully completed, at a

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

written examination or FA A

- recognized	 equivalents; have completed	 the

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

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

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

public COAs	 where	 the mandatory	 operat ing	 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 Oper ator	 hold	 a

private	pilot	license	issued	by	the	FAA.

Given		 these		conditions		and		restrictions,		an eq u ivalent		level of safety		will be

provided	by allowing operation of	 the Braden	Keller ’ sUA V	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 (gi v en	its size,

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

the level of risk associa ted with private pilot	 operations or commercial operations

contemplated	 by Part 61 with conventional	 aircraft (fixed w ing 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	 ai r craft 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 operation s

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	mi nimums	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 spee d 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, a ll	affected	individuals

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

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

55 lbs. and the lack of flammable fuel, any risk associated wi t h 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 lo w

- 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 exemp tions 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 t hat is set “...to the	elevation of the departure

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

Braden	 Keller’ sUA V

, in manual or emergency	 mode, will not have a barometric

altimeter display, but instead a GPS altit ude 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 safet y

. The FAA has	granted

exemptions to conduct similar operation s in Exemptions 11062 through

11067,	11080 and	11110.



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

Section 91.151(a) prohibits an	 individual f rom 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 app r oximately 40 minutes of powered

flight. T o	meet	 the 30

- minute reserve	 requirement	in 14 CFR	 §91.151,	 sUAS	 flights

woul d be	limited	to approximately	10	minutes	in	length.	Given	the	limitations	on	t he

U A S ’ 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. Se e Exemption 10673 (allowing Lockheed Martin Corporation

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

tightly controlled are a where	 only peop l e 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 sa f ety can be ac hieved 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

landi n g 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		regulation s 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 parag r aph	 (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 airwort h iness

certificate,	 these sections will not apply to the Petitione r

. Maintenance will be

accomplished b y	 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 b e achieved	 because these s mall 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 i n 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. M oreover,	 	 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	 11 0 62	 through 11067,	 11080	 and	 11110.Page 23 *********



## Fed e r a l R egister 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	r ules:

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 operat e commercially a small

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

inspections, flare stack inspection, utilit y

- 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 si te

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 an d

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 an d

futu r e 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,

dis aster	and	catastrophe	events.



## Pri v acy 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 

## Summa ry

Approval of	exemptions allo w ing commercial operations of	sUAV’s for petitioner to

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

stack	 inspection,	 utilit y

- power	 generation	 system	 inspections and patrolling,	 aerial

inspe ction 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 agricu lture with on board sensors,	 wil d life 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	 rescu e	 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			individua lly or belonging to			both			private and p ublic

organizations	 to	increase	awareness and improve	safety for current	and	 futu r e UAS

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

professional	 sports,	 open air events	 an d fair s

, 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, ladder s or	 placing

people in	swamps, on	roofs	or	tall,	haz a rdous	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 an d structures present the risks associated with

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

fuel (140 gallons for jet helicopters). Such aircraft must fly to and from t he proje ct

location. In contrast, a	sUAV weighing fewer than 5 5 lbs. and powered b y 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. T h e

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

risks	associated	with	manned aircraft	flights.

The operation of s m all UASs, weighing less than 5 5 lbs., conducted under the strict

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

grant	of	the ex e mptions	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, ar e far	 safer	 than conventional operations

conducted with	 turbine helicopters	 operating i n 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 o f the Reform	Act of	2012

– size,

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

operation within visual line of sight and natio n al security

– provide more thanPage 25 adequate justification for the g rant of the requested			exemptions			allowing

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

consistent with exemptions already granted, including Exemptions number 11 171

through 11174, 11176, 11177, 11062, 111 09, 11112, and 11213 and as recent as

11857.

Sincerely,

Braden	Keller

243	Rainbow	Way

Kelso,	WA	98626

bradenkeller@gmail.com