Clayton Brown – Section 333 Exemption Petition

Clayton Brown – Section 333 Exemption Petition

 

Clayton Brown

1553 Laverne Ave

Clovis, CA 93611

559-270-1894

csbrown01@gmail.com

December 31, 2015

U. S. Department of Transportation

Docket Management System

1200 New Jersey Ave, SE 

Washington, DC 20590

RE: Exemption Request Section 333 of the FAA Reform Act of the Federal Aviation

Regulations from 14 C.F.R. 45.23(b); 14 C.F.R. Part 21 subpart H; 14 C.F.R.

61.113(a)&(b); 91.7(a); 91.9(b) (2); 91.103(b); 91.109; 91.119; 91.121; 91.151(a);

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

To whom it may concern:

This petition is being submitted, on our own behalf, without legal counsel or consulting 

services.

Clayton Brown writing pursuant to Section 333 of the FAA Modernization and Reform

Act of 2012 and the procedures contained within 14 C.F.R. Part11, to request that he, an 

owner and operator of small unmanned aircraft, be exempted from the Federal Aviation

Regulations (“FARs”) listed above so that Clayton Brown may legally operate small light

weight unmanned aircraft systems (“UAS”) commercially in airspace regulated by the

Federal Aviation Administration (“FAA”). Clayton Brown humbly and respectfully

requests exemption of the above noted Federal Aviation Regulations so that he can 

legally offer the following services:

1. Aerial photography and/or video for public and/or private use including 

real estate, architecture, construction, land surveying, land mapping, land 

acquisition, crop surveying, engineering and other related professional 

activities.

2. Aerial video and/or photography for public and/or private use including

television, public events, cinematography and newsgathering.

3. Aerial inspection/photography of residential/commercial structures under 

contract with the owners or local government authority.

4. Aerial inspection/photography of residential/commercial utility infrastructure

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

towers.
Clayton Brown – Section 333 Exemption Petition

Clayton Brown – Section 333 Exemption Petition

 

5. Aerial video/photography or providing live video feed to assist with search 

and rescue operations in cases of an emergency or natural disaster only 

when the local authorities or government has requested it by contract or 

donation.

6. The ability to offer training to persons individually or belonging to both 

private and or public organizations that have interests in the use and 

application of UAS for the purpose of the safe operation of UAS to 

enhance the safety of the National Airspace System (NAS) as well as 

for the protection of the persons and property.

As described in more detail below, the requested exemption would authorize the 

operation of small lightweight UAS under controlled conditions in airspace that is 1) 

limited 2) predetermined 3) controlled as to access and 4) would provide safety 

enhancements to the safe operational protocols that will be followed by Clayton 

Brown. Approval of this exemption would thereby enhance safety (by reducing 

emissions, noise, and the potential large scale accidents single engine planes and 

helicopters could and would cause) 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.

The Name and Address of Petitioner:

Attention: Clayton Brown, Owner

1553 Laverne Ave, 

Clovis, CA 93611

Phone: 559-270-1894

Email: csbrown01@gmail.com

Regulations from which the exemption is requested:

14 CFR 45.23 (b)

14 CFR Part 21 subpart H

14 CFR 61.113 (a) & (b)

14 CFR 91.7 (a)

14 CFR 91.9 (b) (2)

14 CFR 91.103

14 CFR 91.109

14 CFR 91.119

14 CFR 91.121

14 CFR 91.151 (a)

14 CFR 91.203 (a) & (b)
Clayton Brown – Section 333 Exemption Petition

Clayton Brown – Section 333 Exemption Petition

 

14 CFR 91.405 (a)

14 CFR 91.407 (a) (1)

14 CFR 91.409 (a) (2)

14 CFR 91.417 (a) & (b)

Introduction

Clayton Brown operates in Clovis, California. I retain more than 10 years of extensive

RC experience and flight hours as a pilot of hobby grade helicopters, quad copters,

and hexi-copters, for recreational purposes. I will employ the use of a professional

level UAS known as the DJI Inspire 1 and the prosumer level DJI Phantom 3 with

intent to offer commercial services upon approval from the FAA. Clayton Brown

requests permission to offer the following services: 1. Aerial photography and/or 

video for public and/or private use including real estate, architecture, construction,

land surveying, land mapping, land acquisition, crop surveying, engineering and

other related professional activities. 2. Aerial video and/or photography for public

and/or private use including television, public events, cinematography and

newsgathering. 3. Aerial inspection/photography of residential/commercial

structures under contract with the owners or local government authority. 4. Aerial 

inspection/photography of residential/commercial utility infrastructure including but not

limited to electrical power lines, wind turbines, and cell towers. 5. Aerial 

video/photography or providing live video feed to assist with search and rescue

operations in cases of an emergency or natural disaster only when the local

authorities or government has requested it by contract or donation. 6. The ability to

offer training to persons individually or belonging to both private and or public

organizations that have interests in the use and application of UAS for the purpose 

of the safe operation of UAS to enhance the safety of the National Airspace System

(NAS) as well as for the protection of the persons and property. Clayton Brown

intends to offer services to industries such as real estate professionals, home builders,

land brokers, land developers, construction companies, communication tower

inspection, news, television, motion picture companies, farmers, and other industries

as will be revealed by the natural passing of time and the rapidly maturing UAS

technologies following exemption and approval by the FAA.

Though it is not required, in support of this petition Clayton Brown provides 

hyperlink’s to User Manuals for the DJI Inspire 1 and DJI Phantom 3.

Clayton Brown Proposed Operations Do Not Create Significant Risk or Hazards.

The exemption request would authorize operation of the below-illustrated ultra 

lightweight UAS(s) in tightly controlled and limited airspace. All instances for hire 

would take place at predetermined areas away from general public, airports, 

heliports, vehicular traffic, and within property boundaries of the hirer with their

expressed verbal and or written consent. In addition to following the FAA’s Conditions

and Limitations, Clayton Brown has adopted safety protocols and controls to avoid 

and prevent public hazard, as well as manned aircraft hazards/catastrophe by 

following a self-imposed process detailed later herein.
Clayton Brown – Section 333 Exemption Petition

Clayton Brown – Section 333 Exemption Petition

 

The proposed commercial use of UAS(s) as compared to commercial use of manned 

single engine planes, helicopters, and not to mention manned climbing for tower

inspections offers a significantly safer alternative to the health and welfare of the

public. In a Presidential Memorandum published February 15, 2015; President 

Obama said in part, “As compared to manned aircraft, UAS may provide lower-cost 

operation and augment existing capabilities while reducing risks to human life. 

Estimates suggest the positive economic impact to U.S. industry of the integration of

UAS into the NAS could be substantial and likely will grow for the foreseeable future.”

The UAS’s:

Each of the UAS outlined below includes a GPS mode that allows the UAS to hover in

place; if communication is lost, the UAS will subsequently return back to its launched 

position or “Home” position. In addition, when the UAS reaches 25% of usable battery 

power, the PIC will return the UAS to its Home position; if necessary the on board 

computer will also return the UAS automatically.

UAS-1: Inspire 1 by DJI

The professional level UAS-1 known as the Inspire-1 by DJI is equipped with a 4K 

camera which is capable of shooting up to 4K video and capture up to 12 megapixel 

photos weighing less than seven pounds. If needed please see the attached

Inspire 1 manual for additional specs.
Clayton Brown – Section 333 Exemption Petition

Clayton Brown – Section 333 Exemption Petition

 

Model T600

Weight (Battery Included) 2935 g

Hovering Accuracy (GPS Mode) Vertical: 0.5 m

Horizontal: 2.5 m

Max Angular Velocity Pitch: 300°/s

Yaw: 150°/s

Max Tilt Angle 35° 

Max Ascent Speed 5 m/s 

Max Descent Speed 4 m/s

Max Speed 22 m/s (ATTI mode, no wind) 

Max Flight Altitude 4500 m

Max Wind Speed Resistance 10 m/s

Max Flight Time Approximately 18 minutes

Motor Model DJI 3510

Propeller Model DJI 1345

Indoor Hovering Enabled by default

Operating Temperature Range -10° to 40° C 

Diagonal Distance 559 to 581 mm 

Dimensions 438x451x301 mm 

Supported DJI Smart Battery

UAS-3: Phantom 3 by DJI

The prosumer grade UAS-3 known as the Phantom 3 by DJI is equipped with a 4K 

camera which is capable of shooting up to 4K video and capture up to 12 megapixel 

photos weighing less than three pounds. If needed, please see the attached

Phantom 3 manual for additional specs.

Weight (Battery & Propellers) 1280g

Hover Accuracy (Ready To Fly) Vertical: 0.1m; 

Horizontal: 1.5m

Max Ascent / Descent Speed Ascent: 5m/s; Descent: 3m/s

Max Flight Speed 16m/s(ATTI mode, no wind) 

Diagonal Length 590mm (including propellers)

Flight Time 23mins
Clayton Brown – Section 333 Exemption Petition

Clayton Brown – Section 333 Exemption Petition

 

Take-Off Weight ≤1300g Operating 

Temperature 0°C ~ 40°C 

Supported Battery DJI Smart Battery

Self-Imposed Safety Protocols and Controls

Clayton Brown will fully and voluntarily adhere to the safety guidelines set forth by 

FAA Policy N 8900.227 Section 14 "Operational Requirements for UAS” with the

appropriate exemptions for flying a small UAS.

1. No flight will be made with a UA Gross weight exceeding 20 pounds.

2. Flights will be operated at an altitude of no more than 400 feet Above Ground 

Level (AGL) and not more than 200 feet above an elevated platform from which 

filming is planned.

3. Operations will be restricted to flights over private property with the permission of 

the written and/or oral permission of the property owner.

4. The owner/operator will file FAA Form 7711-1, or its equivalent, as modified in 

light of the requested exemption, with the appropriate local Flight Standards District

Office (FSDO) no more than 72 hours but no less than 48 hours from planned

operation.

5. The PIC and VO will have been trained in operation of UAS and receive up-todate information for the particular UAS to be operated.

6. A briefing will be conducted in regard to the planned UAS operations prior to 

each day's production activities. It will be mandatory that all personnel who will be 

performing duties within the boundaries of the safety perimeter be present for this 

briefing.

7. The owner/operator will obtain verbal and or written consent of all persons 

involved with the planned operation and ensure that only consenting persons will 

be allowed within 100 feet of the flight operation, and the radius may be reduced to

30 feet based upon an equivalent level of safety determination. With the advanced

permission of the FSDO, operations at closer range may be approved.

8. Maximum flight time for each operational flight will be 25 minutes. Flights will 

be terminated at 25% battery power reserve.

9. The UAS will not be operated within 5 NM of an airport or heliport.

10. Operations will be restricted to daytime only and weather conditions equivalent to

VFR.
Clayton Brown – Section 333 Exemption Petition

Clayton Brown – Section 333 Exemption Petition

 

11. Minimum crew for each operation will consist of the UAS Pilot and at least one 

Visual Observer (VO), and may include a third, but separate, Camera Operator (CO).

12. The PIC will brief the property owner about the operation and risk before the 

first flight at each new location.

13. No operation will take place without both a fully charged battery and a PreFlight Inspection by the PIC to establish the UAS is in condition for safe flight.

14. The PIC and VO will be able to communicate by voice or radio at all times. 

 

15. If the UAS loses communications with the remote controller or loses GPS 

signal, the UAS will have the capability to return to a pre-determined location

within a designated location and land autonomously.

16. The UAS will have the capability to abort a flight in case of 

emergencies with an automated “Return Home and Land” function.

17. The UAS will have the capability to abort a flight in case of unpredicted 

obstacles, weather, or emergencies such as low battery.

The protocols, as outlined above, are the minimum guidelines Clayton Brown will obey.

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 the petitioner, an exemption from Part 21 Subpart H meets

the requirements of an equivalent level of safety under Part 11 and 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. In all cases, 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 at least as safe, or safer, than a conventional

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

the restrictions and conditions proposed. The UAS to be operated hereunder is less

than 20 lbs. fully loaded, carries neither a pilot nor passenger, carries no explosive

materials or flammable liquid fuels, and operates exclusively within a secured and

designated area. Unlike other civil aircraft, operations under this exemption will be

tightly controlled and monitored by both the operator and under the requirements

and in compliance with local public safety requirements. These safety

enhancements 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 of these same criteria
Clayton Brown – Section 333 Exemption Petition

Clayton Brown – Section 333 Exemption Petition

 

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 inability to carry a substantial external load.

14 C.F.R. § 45.23 (b): Marking of the Aircraft. The regulation requires: When marks 

include only the Roman capital letter "N" and the registration number is displayed on 

limited, restricted or light-sport category aircraft or experimental or provisionally 

certificated aircraft, the operator must also display on that aircraft near each entrance

to the cabin, cockpit, or pilot station, in letters not less than 2 inches nor more than 6 

inches high, the words "limited," "restricted," "light-sport," "experimental," or 

"provisional," as applicable. Even though the UAS will have no airworthiness

certificate, an exemption may be needed as the UAS will have no entrance to the

cabin, cockpit or pilot station on which the word “Experimental” can be placed. Given

the size of the UAS, two-inch lettering will be impossible. The

word “Experimental” will be placed on the fuselage in compliance with §45.29 (f). US

Department of Transportation February 20, 2015 The equivalent level of safety will be 

provided by having the UAS marked on its fuselage as required by §45.29 (f) where 

the pilot, observer and others working with the UAS will see the identification of the

UAS as “Experimental.”

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

Command. Pursuant to 14 CFR 61.113 (a) & (b), no person who holds a private pilot

certificate may act as a pilot in command of an aircraft that is carrying passengers or 

property for compensation or hire. The proposed UAS operations may achieve an 

equivalent level of safety as achieved by current Regulations because the petitioner’s

UAS(s) do not carry any pilots or passengers or property. The risk associated with

the operation of a UAS is far less than the risk levels inherent in the commercial 

activities outlined in 14 CFR 61.

14 C.F.R. §91.7(a): Civil Aircraft Airworthiness. The regulation requires that no 

person may operate a civil aircraft unless it is in airworthy condition. As there will be 

no airworthiness certificate issued for the aircraft, should this exemption be granted, 

no FAA regulatory standard will exist for determining airworthiness. Given the size

of the aircraft for maintenance and use of safety checklists prior to each flight, an 

equivalent level of safety will be provided.

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

(2) provides: No person may operate a U.S. registered civil aircraft ... (2) For which an 

Airplane or Rotorcraft Flight Manual is not required by §21.5 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. The UAS, given its size and configuration 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 maintained by keeping the flight manual at the ground 

control point where the PIC flying the UAS will have

immediate access to it.
Clayton Brown – Section 333 Exemption Petition

Clayton Brown – Section 333 Exemption Petition

 

14 C.F.R. § 91.103: Preflight Action. This regulation requires each pilot in 

command to take certain actions before flight to insure the safety of flight. As FAA 

approved rotorcraft flight manuals will not be provided for the aircraft an exemption 

will be needed. The PIC will take all actions as outlined above; including but not 

limited to a thorough pre-flight inspection of the UAV, reviewing weather, flight 

battery requirements, landing and takeoff distances, and aircraft performance data 

before initiation of flight.

14 C.F.R. §91.109: Flight Instruction. Section 91.103 provides 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. UAS and remotely 

piloted aircraft, by their design do not have fully functional dual controls. Flight control

is accomplished through the use of a control box that communicates with the aircraft

via radio communications. 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. The equivalent level of safety is provided by the fact that neither

a pilot nor passengers will be carried in the aircraft and by the size and speed of the

aircraft.

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 UAS that is a helicopter and the exemption requests 

authority to operate at altitudes up to 400 AGL, or not more than 200 above an 

elevated platform from which filming is planned, an exemption may be needed to allow 

such operations. As set forth herein, the UAS will never operate at higher than

400 AGL with the exception that in circumstances where the UAS is used to survey or 

photograph a structure whose height exceeds 400 feet AGL, the UAS will not be 

operated more than 200 feet above the highest point on the structure. It will however 

be operated in a restricted area with security perimeter, where buildings and people 

will not be exposed to operations without their previous consent. 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 or local officials. Because of the advance notice to the property owner 

and participants in the filming activity, all affected individuals will be aware of the

planned flight operations. Compared to flight operations with aircraft or rotorcraft

weighting far more than the maximum 55lbs. proposed herein and the lack of

flammable fuel, any risk associated with these operations is far less than those

presently presented with conventional aircraft operating at or below 500 AGL. In

addition, the low- altitude operations of the UAS will ensure separation between these

UAS operations and the operations of conventional aircraft that must comply with

Section 91.119.

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 UAS may not have a barometric altimeter, but 
Clayton Brown – Section 333 Exemption Petition

Clayton Brown – Section 333 Exemption Petition

 

instead a GPS altitude read out, an U.S. exemption may be needed. An equivalent 

level of safety will be achieved by the operator, pursuant to the safety check list and 

live flight data monitoring, confirming the altitude of the launch site shown on the GPS

altitude indicator before flight.

14 C.F.R. § 91.151(a): Fuel Requirements for 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.” The petitioner believes that an exemption from 14 CFR

§91.151(a) falls within the scope of prior exemptions. Operating the UAS in a tightly

controlled area where only people and property owners or official representatives who 

have signed waivers will be allowed does not produce the type of risks that Section

91.151(a) was intended to alleviate given the size and speed of the small UAS. The

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

to 25 minutes or 25% of battery power — whichever happens first. This restriction

would be more than adequate to return the UAS to its planned landing zone from

anywhere in its limited operating area.

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

Registration. The regulation provides in pertinent part: (a) Except as provided in §

91.715, no person may operate a civil aircraft unless it has within it the following: (1) 

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 fully loaded 

weighs well under the proposed 20-lb. limit and is operated without an onboard pilot.

As such, there is no ability or place to carry certification and registration documents

within or on the UAS to display them as contemplated. An equivalent level of safety

will be achieved by keeping these documents at the ground control point where the

PIC flying the UAS will have immediate access to them, to the extent they are 

applicable to the UAS.

14 C.F.R. §91.405 (a); 407 (a) (1); 409 (a) (2); 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. Routine maintenance will be accomplished by the 

owner/operator pursuant to the flight manual and operating handbook. An equivalent

level of safety will be achieved because the UAS is very limited in size and will carry 

a small payload and operate only in restricted areas for a limited

period of time. If mechanical issues arise the UAS can land immediately and will be

operating from no higher than 400 feet AGL. The PIC 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 PIC is the person most familiar with the 
Clayton Brown – Section 333 Exemption Petition

Clayton Brown – Section 333 Exemption Petition

 

aircraft and best suited to maintain the aircraft in an airworthy condition to provide the 

equivalent level of safety. An equivalent level of safety will be achieved because 

maintenance and inspections will be performed in accordance with the UAS 

Manufacturer's User Manual. As outlined above, the PIC will ensure that the UAS is in 

working order by completing the pre-flight inspection of the UAS prior to initiating flight 

and will perform required maintenance needed.

Summary:

Clayton Brown will not operate UAS(s) near airports, the locations where Clayton 

Brown will conduct its services will be both limited and predetermined, which will 

allow for a controlled environment to operate safely while greatly reducing risk. By

allowing Clayton Brown to conduct business with a UAS, it will help the Central 

California’s economy and benefit many other industries including private citizens to

market their homes; that have not been able to afford to do so prior to UAS 

technologies. Furthermore UAS’s are considerably lighter than the alternative which 

could be a helicopter or small plane carrying explosive flammable fuels. Clayton 

Brown employs the use of UAS’s, which will operate up to 25 minutes powered by a 

battery. Therefore, the UAS’s used will typically have a flight time of 10-15 minutes at

one time; as most photos and video are easily obtained in this flight time window. The 

likelihood of injury or even death with a small UAS compared to a large manned 

aircraft is greatly reduced.

Granting Clayton Brown a request for exemption comports with the Secretary of

Transportation’s (FAA Administrator’s) responsibilities and authority to not only 

integrate UAS's into the national airspace system, but to “...establish requirements 

for the safe operation of such aircraft systems [UAS's] in the national airspace 

system” under Section 333(c) of the Reform Act specific to the use of UAS's as 

proposed herein. Furthermore Clayton Brown will conduct operations in full

compliance with the protocols described herein or as otherwise established by the

FAA.

Please contact me should any additional information be required to satisfy an 

approval.

Sincerely,

Clayton S, Brown

1

Appendix-A – DJI Inspire 1 User Manual

2

Appendix-C – DJI Phantom 3 User Manual