U.S. Department of Transportation Docket Management System

1200 New Jersey Ave., SE

Washington, DC 20590

Re: Exemption Request under Section 333 of the FAA Reform Act and Part 11 of the Federa I

Aviation Regulations

To whom it may concern:

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

and 14 C.F.R. Part 11,Steven D. Bryant, the operator of small Unmanned Aircraft Systems

("UAS"), seeks an exemption from the Federal Aviation Regulations ("FARs") listed below and

discussed in Appendix A..

The requested exemption would permit commercial operation of s UAS's, which weigh

approximately 5lbs. and performs aerial photography and videography that consists of still

photographs and videography taken by on board cameras. The UAS's takes a series of high

quality, still digital images and video that are used to promote real estate sales and event

photography. Use of the UAS for aerial photography and video reduce the need to utilize

conventional manned aircraft, manned lifting devices or manned climbing for the same purpose

and provides very high quality imagery at a fraction of the cost. These savings result in

enhanced safety, efficiency and productivity for the affected activities, as well as environmental

benefits.

Operations under the exemption will be subject to strict operating requirements and conditions

to ensure at least an equivalent level of safety to currently authorized operations using manned

aircraft and under conditions as may be modified by the FAA as required by Section 333.

As described more fully below, the requested exemption would authorize commercial operations

of aerial photos and videos using the UAS's, which weigh less than 5 lbs. and are small in size.

(See attached O&M manuals for the DJI Phantom 3 Professional). The UAS's will be operated

under controlled conditons at low altitude in airspace that is limited in scope, as described more

fully herein; it will have automated control features as described below and in the O&M

manuals. The UAS also will be operated by an individual who has FAA Private Pilot License.

Finally, the airspace in which the UAS will operate will be Class G airspace or airspace

approved by the FAA in advance.

I Steven D. Bryant respectfully submits that because these small, unmanned aerial vehicles will

be used in lieu of comparatively hazardous operations now conducted with fixed wing and rotary

conventional aircraft or other manned means of inspections, the FAA can have confidence that

the operations will achieve at least the equivalent level or greater level of safety. Approval of the
exemptions would thereby enhance safety and fulfill the Secretary of Transportation's (the FAA

Administrator's) responsibilities under Section 333(c) of the Reform Act to "establish

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

The name and address of the applicant are:

Steven D. Bryant

189 Starbridge Road

Murrayville GA 30564

Phone 706­344­7213

Email loans71@gmail.com

The regulations from which the exemption is requested are as follows:

14 C.F.R. Part 21;

14 C.F.R. 45.23(b);

14 C.F.R. 61.113(a) & (b);

14 C.F.R. 61.133 (a);

14 C.F.R. 91.7(b);

14 C.F.R. 91.9(b)(2);

14C.F.R. 91.109(a);

14 C.F.R. 91.119;

14 C.F.R. 91.121;

14 C.F.R. 91.151(a);

14 C.F.R. 91.203(a) & (b);

14 C.F.R. 91.405(a);

14 C.F.R. 91.407(a)(1);

14 C.F.R. 91.409(a)(2};

14 C.F.R. 91.417(a) & (b).

Appendix A discusses each rule listed above and explains why exemptions pursuant to the

proposal set forth in this letter are appropriate, provide an equivalent level of safety, and are in

the public interest

The Applicable Legal Standard under Section 333

Steven D. Bryant submits that grant of this exemption application for use of the proposed UAS's

in precision aerial inspections will advance the Congressional mandate in Section 333 of the
Reform Act to accelerate the introduction of UASs into the national airspace system ("NAS") if it

can be accomplished safely. This law directs the Secretary of Transportation to consider

whether certain UASs may operate safely in the NAS before completion of the rulemaking

required under the Section 332 of the Reform Act. In making this determination, the Secretary is

required to determine which types of UASs do not create a hazard to users of the NAS or the

public or pose a threat to national security in the light of the following:

The UAS's size, weight, speed and operational capability;

Operation of the sUAS in closed proximity to airports and populated areas; and

Operation of the UAS within visual line of sight of the operator.

Reform Act §333{a)(1). If the Secretary determines that such vehicles "may operate safely in the

national airspace system, the Secretary shall establish requirement for the safe operation of

such aircraft in the national airspace system." ld. §333(c) (emphasis added).

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, from the requirement that all civil aircraft must have a current airworthiness

certificate and those regulations requiring commercial pilots to operate aircraft in commercial

service:

The Administrator may grant an exemption from. a requirement of a regulation prescribed under

subsection (a) or (b) of this section or any of the sections 44702­44716 of this title if the

Administrator finds the exemption is in the public interest.

1Applicant submits that this provision places a duty on the Administrator to not only process

applications for exemptions under Section 333, but for the Administrator, if he deems the

conditions proposed herein require modification in order to allow approval, to supply conditions

for the safe operation of UAS. Steven D Bryant welcomes the opportunity to consult with FAA

staff in order to address any issues or concerns that this proposal may raise that they believe

may require modification. 49 U.S.C. §44701(f). See also 49 U.S.C. §44711 (a); 49 U.S.C.

§44704; 14 C.F.R. §91.203(a)(1).

The grant of the requested exemption is in the public interest based on the clear direction in

Section 333 of the Reform Act; the additional authority 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 and cost savings associated with transitioning to UASs

for aerial inspections and survey photography and real estate photography. Accordingly, the

applicant respectfully requests that the FAA grant the requested exemption without delay.

Airworthiness of the sUAS
A critical element of the exemption application involves evidence of the airworthiness of the

UAS . The Federal Aviation Act (49 U.S. C. §44701 (f) and Section 333 of the Reform Act both

authorize the FAA to exempt aircraft from the requirement for an airworthiness certificate, upon

consideration of the size, weight, speed, operational capability, and proximity to airports and

populated areas of the particular UAS. Our small UAS's will operate at low speed in a controlled

environment, at least five miles from an airport or densely populated area. An analysis of these

criteria demonstrates that the UAS operated without an airworthiness certificate, in the restricted

environment and under the conditions proposed will be a least as safe, or safer, than a

conventional aircraft (fixed wing or helicopter) operating with an airworthiness certificate without

the restrictions and conditions proposed.

Mandatory Operating Conditions

Grant of the exemption to Steven D. Bryant will be subject to the following mandatory

conditions, which are based upon operating conditions set forth for operation of UAS by public

entities pursuant to Certificates of Authorization, with additional restrictions:

• All operations to occur in Class G airspace.

• Operations to avoid congested or populated areas, which are depicted in yellow on VFR

charts.

• Operations to be conducted over private or controlled­access property.

• Permission from land owner/controller required before commencing flight. • Operations to

occur during Visual Flight Rules Meteorological Conditions (VMC).

• Aircraft to remain within Visual Line of Sight (VLOS). o VLOS guaranteed with a cylinder of

operation around operator of Yi nautical miles (NM). o Cylinder walls may be expanded by

observer with ability to control aircraft.

• Operations to occur during daylight hours. • Above Ground Level (AGL) altitude to be restricted

to 400 feet.

• All required permissions and permits will be obtained from territorial, state, county or city

jurisdictions, including local law enforcement, fire, or other appropriate governmental agencies.

Operator Requirements

Steven D. Bryant respectfully purposes that operator requirements should take into account the

characteristics of the particular UAS. Certain UASs, such as the DJI Phantom 3 Professional,

are characterized by a high degree of control and various built­in technical capabilities that limit

the potential for operation outside of the operating conditions set forth above. Please see details

in the attached O&M manuals.

Additional automated safety functions and safety enhancing features of the UAS's include the

following:
Auto­pilot detection of lost GPS or of insufficient satellites initiates an immediate return to

aircraft take­off location ("home").

Low power on the aircraft triggers escalating alarms at GCS.

If the auto­pilot detects a lost­link to the GCS, landing procedure begins

Given these safety features, Steven D. Bryant proposes that operators of the UAS should not be

required to hold a commercial pilot certification. Instead, operators should be required to:

Hold a sport pilots or greater and have a current driver's licenses. •

Steven D. Bryant notes that the FAA has found that safety factors permitted operation of UAS

by operators with these qualifications in the case of operations pursuant to public COAs when

the mandatory operating conditions specified above were present. See Federal Aviation

Administration, Notice N­8900.227, Unmanned Aircraft Systems (UAS) Operational Approval, at

20­21 (July 30, 2013). The FAA has the statutory authority to grant exemptions to the

requirements for and privileges associated with the grant of airmen's certificates. 49 USC

§44701 (f).

In summary, applicant seeks an exemption from the FARs set forth above in Appendix A to

allow commercial operations of a UAS conducting precision aerial inspections or surveys and

real estate photos. 5 Approval of the exemption allowing commercial operations of the UAS for

event and real estate photos will enhance safety by reducing risk. Conventional aerial and real

estate photos, using jet or piston powered aircraft present risks associated with vehicles that

weigh in the neighborhood of 5,000 to 7,000 lbs., or more, carry large quantities of fuel,

passengers, and, in some cases, cargo. Such aircraft must fly to and from the survey location.

Other conventional manned climbing or manned lifts risk safety hazards associated with falls,

electrical hazards, fuel related hazards, and inhalation associated with the structures being

inspected. In contrast, a UAS weighing less than 15 lbs. and powered by batteries eliminates a

portion of that risk given the reduced mass and lack of combustible fuel carried on board a

manned aircraft and the lack of risks associated with manned lifts or manned climbing

apparatus. The UAS will carry no passengers or crew and, therefore; will not expose any

individuals to the risks associated with manned aircraft flights, manned lifts or climbing hazards.

Additionally, no national security issue is raised by the grant of the requested exemptions. Given

the size, load carrying capacity, speed at which it operates, and the fact that it carries no

explosives or other dangerous materials, the UAS poses no threat to national security. The

operation of the UAS, weighing less than 15 lbs., for real estate and event photos in accordance

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

grant of the exemptions requested herein, including exempting Steven D Bryant from the
requirements of Part 21. The UAS's satisfaction of the criteria set forth in Section 333 of the

Reform Act­size, weight, speed, operating capabilities, lack of proximity to airports and

populated areas, operation within visual line of sight, and national security­and its showing of an

equivalent level of safety as it may relate to the requirement for FAA training, provide more than

adequate justification for the grant of the requested exemptions allowing commercial operation

of the UAS in the commercial event and real estate photo business.

Thank you,

Steven D. Bryant

Enclosures:

Appendix A: Exemption Request and Equivalent Level of Safety Showings under Applicable

Rules Subject to Exemption
Appendix A

EXEMPTION REQUEST AND EQUIVALENT OF SAFETY SHOWINGS UNDER APPliCABLE

RULES SUBJECT TO EXEMPTION

Steven D. Bryant requests an exemption from the following regulations as well as any additional

regulations that may technically apply to the operation of the UAS's:

14 C.F.R. § 45.23(b): Marking of the Aircraf​t

The UAS's has no entrance to the cabin, cockpit, or pilot station on which the word

"Experimental" can be placed. Given the size of the sUAS, two inch lettering will be impossible.

The word "Experimental" will be placed on the forward fuselage in compliance with§ 45.29(f).

The equivalent level of safety will be achieved by having the sUAS marked on its forward

fuselage as required by§ 45.29(f) where the pilot, observer, and others working with the UAV

will see the identification of the sUAS as "Experimental". The FAA has issued the following

exemptions to this regulation Exemption No. 107000, and to others, including Exemption Nos.

8738, 10167, and 10167A.

14 C.F.R. Part 21, Subpart H: Airworthiness Certificates 14 C.F.R. § 91.203(a)(1)

Subpart H, entitled Airworthiness Certificates, establishes the procedural requirements for the

issuance of airworthiness certificates as required by FAR §91.203 (a) (1). Given the size and

limited operating area associated with the aircraft to be utilized by Steven D. Bryant , an

exemption from Part 21 Subpart H meets the requirements of an equivalent level of safety under

Part 11and Section 333 of the Reform Act. The Federal Aviation Act (49 U.S.C. §44701 (f) and

Section 333 of the Reform Act both authorize the FAA to exempt aircraft from the requirement

for an airworthiness certificate, upon consideration of the size, weight, speed, operational

capability, and proximity to airports and populated areas of the particular UAS. Our small UAS's

will be operated at low speed in a controlled environment, at least five miles from an airport and

away from densely populated areas. An analysis of these criteria demonstrates that the UAS's

operated without an airworthiness certificate, in the restricted environment 1 and under the

conditions proposed will be at least as safe, or safer, than a conventional aircraft(fixed wing or

helicopter) operating with an airworthiness certificate without the restrictions and conditions

proposed. The UASs to be operated hereunder is less than 15 lbs. fully loaded, carries neither a

pilot nor passenger, carries no explosive materials or flammable liquid fuels, and operates

exclusively within a secured area. Like other civil aircraft, operations will be tightly controlled

and monitored by the operator, pursuant to the Manual's requirements, and under the

requirements and in compliance with local public safety requirements, to provide security for the

area of operation as is currently done on active construction sites. The FAA will have advance

notice of all operations. These safety enhancements, which already apply to civil aircraft
operated in connection with construction sites, and the like provide a greater degree of safety to

the public and property owners than conventional operations conducted with airworthiness

certificates issued under 14 C.F.R. Part 21, Subpart H. Lastly, application ofthese same criteria

demonstrates that there is no credible threat to national security posed by the UAS, due to its

size, speed of operation, location of operation, lack of explosive materials or flammable liquid

fuels, and ability to carry an external load no greater than two lbs.

14 C.F.R. § 61.113(a) & (b); 61.133(a): Private Pilot and limitations; Pilot in Command;

Commercial Pilot Privileges and limitations​.

Section 61.113(a) & (b) limit private pilots to non­commercial operations. Unlike a conventional

aircraft that carries a pilot, passengers, and cargo, the UAS in this case 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.

Steven D. Bryant respectfully proposes that operator requirements should take into account the

characteristics of the particular UAS. UAS has a high degree of control and various built­in

technical capabilities that strictly limit the potential for operation outside of the operating

conditions set forth in the exemption application. The UAS has navigation and control system

comprised of a Ground Control Station {GCS) and auto­pilot system. All flights utilize precision

GPS guidance. In the case of unplanned events, the operator inputs evasive maneuvers from

the control unit, and the control unit executes that maneuver. Operator interventions include

diversion to the right, initiation of holding at present position; suspension of mission; fly back to

launch point; fly to point and hold; abort mission and land; and emergency power cut off and

land {Flight Termination System). Given these safety features,Steven D. Bryant proposes that

operators of the UAS should not be required to hold commercial pilot certification. Instead,

operators should be required to:

• have a Sport Pilot's certification or greater and a valid drivers licenses

Steven D. Bryant notes that the FAA has found that safety factors permitted operation of sUASs

by operators with these qualifications in the case of operations pursuant to public COAs where

the mandatory operating conditions specified above are present. See Federal Aviation

Administration, Notice N­8900.227, Unmanned Aircraft Systems (UAS) Operational Approval, at

20­21 (July 30, 2013}. The FAA has the statutory authority, granted at 49 U.S.C. §4470(f) to

waive the pilot requirements for commercial operations. Given these conditions and restrictions,

an equivalent level of safety will be provided by allowing operation of the sUAS without a

commercial pilot's certificate, under the conditions set forth herein. The risks associated with the

operation of the sUAS (given its size, speed, operational capabilities, and lack of combustible

fuel) are so diminished from the level of risk associated with 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 sUAS without

an airworthiness certificate, no standard will exist for airworthiness ofthe sUAS. Given the size

of the aircraft and the requirements that have presumably already been met for the sUAS (for

instance, the UAS's Operations and Maintenance Manual and Safety Manual and Checklist), an

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

flight.

14 C.F.R. § 91.9(b)(2}: Civil Aircraft Flight Manual in the Aircraft.

The regulation provides:

No person may operate a U.S. registered civil aircraft ... for which an Airplane or Rotorcraft

Flight Manual is not required by §21.5 (2) of this chapter, unless there is available in the aircraft

a current approved Airplane or Rotorcraft Flight Manual, approved manual material, markings,

and placards, or any combination thereof.

Given the size and configuration of the sUAS, it has no ability or place to carry such a flight

manual on the aircraft, not only because there is no pilot on board, but because there is no

room or capacity to carry such an item on the aircraft. The equivalent level of safety will be

achieved by keeping the flight manual (see, e.g., User Guide, Exhibit 4) at the ground control

point where the pilot flying the sUAS will have immediate access to it. The FAA has issued to

others the following exemptions to this regulation: Exemption Nos. 8607, 8737, 8738,9299,

9299A, 9565, 9565B, 10167, 10167A, 10602, 32827, and 10700.

14 C.F.R. 91.103: Preflight Action

This regulation requires each pilot in command take certain actions before flight to ensure the

safety of flight. An exemption is needed rom this requirement as the pilot will take separate

preflight actions, including checking for weather conditions, checking flight battery requirements,

checking takeoff and landing distances, and all other actions in the Preflight Checklist in the

Manual and Safety Checklists. These actions will provide an equivalent level of safety.

14 C.F.R. § 91.109(a) & 91.319(a)(1): Flight Instruction

These regulations provide that no person may operate a civil aircraft (except a manned free

balloon) that is being used for flight instruction unless that aircraft has fully functioning dual

controls. The sUAS is a remotely piloted aircraft and by design, does not have functional dual

controls. Flight control is accomplished through the use of a control box that communicates with
the aircraft via radio communications. If instruction is accomplished through a training program,

as set forth in Exhibit 2, an equivalent of safety will be assured. The FAA has approved

exemptions for flight training without fully functional dual controls for a number of aircraft and for

flight instruction in experimental aircraft. See Exemption Nos. 5578K & 9862A. The equivalent

level of safety will be achieved by the manufacturer providing the training as outlined, for

example, in Exhibit 2 and through the use of experienced and qualified pilots familiar with the

DJI Phantom 3 Professional.

14 C.F.R. § 91.119: Minimum Safe Altitudes

Section 91.119 establishes safe altitudes for operation of civil aircraft. Specifically, 91.119(c)

limits aircraft flying over areas other than congested areas to an altitude of 500 feet above the

surface, except over open water or sparsely populated areas. In those cases, the aircraft may

not be operated closer than 500 feet to any person, vessel, vehicle, or structure. As set forth

herein, the sUAS will never operate higher than 400 feet AGL. It will, however, be operated to

avoid congested or populated areas that are depicted in yellow on VFR sectional

charts. Because aerial survey work must be accomplished at relatively low altitudes and at

altitudes less than 500 feet AGL, and exemption from Section 91.119(c) is needed. The

equivalent level of safety will be achieved given the size, weight, speed, and material with which

the sUAS's are built. Also, no flight will be taken without the permission of the land owner or

those who control the land. Because of the advance notice to the landowner, all affected

individuals will be aware of the inspection, photo or survey flights. Compared to aerial inspection

and survey operations conducted with aircraft or rotorcraft weighing far more than 15 lbs. and

carrying flammable fuel, any risk associated with these operations will be far less than those

currently allowed with conventional aircraft operating at or below 500 feet AGL. Indeed, the

low­altitude operations of the UAS will maintain separation between these smaiiUAS operations

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

14 C.F.R. § 91.121 Altimeter Settings

Steven D. Bryant requests an exemption from 14 C.F.R. 91.121. This Part provides guidelines

for altimeter use below 18,000 feet mean sea level ("MSL") in maintaining the cruising altitude or

flight level of the a ire raft. Steven D. Bryant operation of the SUAS will not exceed 400 feet AGL

and will be operated in a fashion that is not a sustained cruising flight such as a manned aircraft

will typically fly. The ground station has live feedback and GPS information about the UAS,

including but not limited to the height of the sUAS, its forward velocity, and compass heading.

The operator will be able to observe and control the maximum height of the UAS. Additionally,

the sUAS will be operated within the line of sight. Therefore, the equivalent level of safety

provided by Section 91.121 will be met.

14 C.F.R. § 91.151(a): Fuel Requirements for Flight in VFR Conditions
This regulation 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". The

sUAS batteries provide approximately 15­40 minutes of powered flight. Without an exemption

from §14 C.F.R. 91.151, the UAS's flights would be limited to approximately 20 minutes in

length. Given the limitations on its proposed operations and the location of those proposed

operations, a longer time frame for flight in daylight VFR conditions is reasonable. Steven D.

Bryant believes that an exemption from 14 C.F.R. § 91.151(a) is safe and within the scope of a

prior exemption. See Exemption 10673 (allowing Lockheed Martin Corporation to operate

without compliance with 91.151(a). Operating the small UAS, without 30 minutes of reserve fuel

does not engender the type of risks that Section 91.151(a) was meant to prevent given the size

and speed at which the UAS operates. The fact that it carries no pilot, passenger, or cargo also

enhances its safety. Additionally, limiting sUAS flights to 20 minutes would greatly reduce their

utility. In the unlikely event that the sUAS should run out of fuel, it would simply land. Given its

weight and construction material, the risks are less than contemplated by the current regulation.

Steven D. Bryant believes that an equivalent level of safety can be achieved by maintaining 10

minutes of reserve fuel, which, allowing 30 minutes of flight time, would be more than adequate

to return the sUAS to its planned landing zone from anywhere in its operating area .

14 C.F.R. § 91.203 (a) & (b): Carrying Civil Aircraft Certification and Registration

This regulation provides as follows: (a) ... no person may operate a civil aircraft unless it has ...

an appropriate and current airworthiness certificate. (b) ... no person may operate a civil aircraft

unless the airworthiness certificate required by paragraph (a) of this section or a special flight

authorization issued under §91.715 is displayed at the cabin or cockpit entrance so that it is

legible to passengers or crew. The UAS's fully loaded weighs no more than 10 lbs. As such,

there is no ability or place to carry certification and registration documents or to display them on

the sUAS. In addition, there is no pilot on board the aircraft. An equivalent level of safety will be

achieved by keeping these documents at the ground control point where the pilot flying the

sUAS will have immediate access to them . The FAA has issued numerous exemptions to this

regulation . A representative of other exemptions includes Exemption Nos. 9565, 9665, 9789,

9789A, 9797, 9797A, 9816A, and 10700.

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

Section 91.405(a) requires 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 ... "Section 91.407 similarly makes reference to requirements in Part 43; Section

91.409(a)(2) requires an annual inspection for the issuance of an air worthiness certificate,

Section 91.417(a) requires the owner or operator to keep records showing certain maintenance
work that has been accomplished by certified mechanics, under Part 43, or licensed pilots and

records of approval of the aircraft for return to service. Maintenance of the sUAS's will be

accomplished by the owner/operator pursuant to the manuals. An equivalent level of safety will

be achieved because the sUAS is small in size, will carry no external payload, will operate only

in restricted predetermined areas and is not a complex mechanical device. As provided in the

attached Maintenance Manual and the Safety Checklist, the operator of SUAS will ensure that

the sUAS is in working order prior to initiating flight, perform required maintenance, and keep a

log of any maintenance that is performed. Moreover, the operator is the person most familiar

with the aircraft and is best suited to maintain the aircraft in an airworthy condition and to ensure

an equivalent level of safety.