Clayton Brown

– Section 333 Exemption Petition

Clayton Brown

– Section 333 Exemption Petition

Clayton Brown

1553 Laverne Ave

Clovis

, CA 93611

559

- 270

- 1894



### csbrown01 @ g m ail.com

December 31

, 2015

U. S

. D e p ar tm e nt of T ra n spo r t a tion

Do c k e t M a n a g e m e nt S y s t em

1200 N e w J er s e y Av e

, S E

W a shin g ton, DC 20590

R E : E x e mption R e qu e st S ec tion 333 of the F A A R ef o r m A c t of the Fe d e r a l Avi a tion

R e g ul a tions fr om 14 C

. F

. R

. 45.23 ( b ) ; 14 C

. F

. R

. P ar t 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. 2 03 (a ) & ( b ) ; 91.40 5 (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 F AA Modernization and Re f orm

Act of 2012 and the p r ocedu r es contained within 14 C

. F .R. Par t 11, to r equest that he

, an

o wner and operator of small unmanned ai r craft, be e x empted f r om the F ederal A viation

Regulations (“ F

ARs”) listed above so that Clayton Brown m a y legally operate small light

w eight unmanned ai r craft systems (“ U AS”) comme r cial l y in airspace r egulated b y the

F ederal A

viation Administration (“ F AA”). Clayton Brown humbly and respectfully

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

legally offer the following services:

1

. A e ria l p h o t og r a p h y a n d /o r v i d e o f o r p ub l i c a n d / o r p ri v at e u s e i n c l ud i n g

r e a l es t a t e

, a rc h i t e ct u r e

, construct ion, la n d s u r ve y i n g

, land mapping, land

acquisition, crop surveying, e n g i n ee r i n g a n d o t h e r r e l at e d p ro fess i on a l

acti v i ti es

. 2

. A e ria l v i d e o a nd / o r p h o t og r a p h y f o r p u b li c a n d / o r p ri v at e u s e i n c l ud i n g

t e l ev i s i o n

, p ub l i c eve n t s

, ci n em a t ogr ap h y a n d n ew s gathering

. 3

. A e ria l i n s p e ct i o n / p h o t ogr ap h y o f r es i d e n t i al/co mme rc i a l s tr u c t u r e s un d e r

c o n tra c t w it h t h e o w n e r s o r l oca l go ve r n me n t a u t h o r i t y

. 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

. A e ria l v i d e o / p h o t og r a p h y o r p r o v i d i n g li v e v i d e o fee d t o a ss i s t w i t h se a r c h

a n d r es c u e o p e r at i o n s i n ca se s o f a n eme rg e n c y o r n a t u r a l d i s a s t e r o n l y

w h e n t h e loca l a u t h o r iti e s o r go ve r n m e n t h a s r e qu es t e d i t b y c o n t ra c t o r

d o n a ti o n.

6

. T h e a b il i t y t o o ffe r t ra i n i n g t o p e r s o n s i n d i v i d u a ll y o r b e l o n g i n g t o b o t h

p ri v a t e an d o r p u b li c org a n i z at i o n s t h a t h a v e i n t e r es t s i n t h e u s e a n d

a pp l ic a t i o n o f U A S f o r t h e p u r p o s e o f t h e s a f e o p e r a t i o n o f U A S t o

e n h a n c e t h e s a fe t y o f t h e N a ti o n a l Air s pa c e S y s t e m ( N A S ) a s we l l a s

f o r t h e p r o t e ct i o n o f t h e p e r s o n s a n d p r o p e r t y.

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

operation of small lightweight UAS un d er cont rolled 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 t he 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

R e g u l a ti o n s f r o m w h i c h t h e e x em p ti o n i s r e q u es t e d:

1 4 C F R 4 5 .2 3 ( b )

1 4 C F R P a r t 2 1 s u b p ar t H

1 4 C F R 6 1 .11 3 ( a ) & (b)

1 4 C F R 9 1

. 7 ( a )

1 4 C F R 9 1

. 9 ( b ) ( 2 )

1 4 C F R 9 1 .103

1 4 C F R 9 1 .109

1 4 C F R 9 1 .11 9

1 4 C F R 9 1 .121

1 4 C F R 9 1 .15 1 ( a )

1 4 C F R 9 1 .20 3 ( a ) & ( b )Clayton Brown

– Section 333 Exemption Petition

Clayton Brown

– Section 333 Exemption Petition 1 4 C F R 9 1 .40 5 ( a )

1 4 C F R 9 1 .40 7 ( a ) ( 1)

1 4 C F R 9 1 .40 9 ( a ) ( 2)

1 4 C F R 9 1 .41 7 ( a ) & ( b )

Introduction

Clayton Brown operates in Clovis , California

. I retain more t han 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 prof essional

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 service s: 1. A e ria l p h o t og r a p h y a n d /o r

v i d e o f o r p ub l i c a n d / o r p ri v at e u s e i n c l ud i n g r e a l es t a t e

, a rc h i t e ct u r e

, construction,

la n d s u r ve y i n g

, land mapping, land acquisition, crop surveying, e n g i n ee r i n g a n d

o t h e r r e l at e d p ro fess i on a l acti v i ti es

. 2. A e ria l v i d e o a nd / o r p h o t og r a p h y f o r p u b li c

a n d / o r p ri v at e u s e i n c l ud i n g t e l ev i s i o n

, p ub l i c eve n t s

, ci n em a t ogr ap h y a n d

n ew s gathering

. 3. A e ria l i n s p e ct i o n / p h o t ogr ap h y o f r es i d e n t i al/co mme rc i a l

s tr u c t u r e s un d e r c o n tra c t w it h t h e o w n e r s o r l oca l go ve r n me n t a u t h o r i t y

. 4. Aerial

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

limited to electrical power lines, wind turbines, and cell towers. 5. A e ria l

v i d e o / p h o t og r a p h y o r p r o v i d i n g li v e v i d e o fee d t o a ss i s t w i t h se a r c h a n d r es c u e

o p e r at i o n s i n ca se s o f a n eme rg e n c y o r n a t u r a l d i s a s t e r o n l y w h e n t h e loca l

a u t h o r iti e s o r go ve r n m e n t h a s r e qu es t e d i t b y c o n t ra c t o r d o n a ti o n

. 6

. T h e a b il i t y t o

o ffe r t ra i n i n g t o p e r s o n s i n d i v i d u a ll y o r b e l o n g i n g t o b o t h p ri v a t e an d o r p u b li c

org a n i z at i o n s t h a t h a v e i n t e r es t s i n t h e u s e a n d a pp l ic a t i o n o f U A S f o r t h e p u r p o s e

o f t h e s a f e o p e r a t i o n o f U A S t o e n h a n c e t h e s a fe t y o f t h e N a ti o n a l Air s pa c e S y s t e m

( N A S ) a s we l l a s f o r t h e p r o t e ct i o n o f t h e p e r s o n s a n d p r o p e r t y

. Clayton Brown

intends to offer services to industries such as rea l e st a te 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 f ollowing e x e mption a nd a pp r ov a l b y the F AA.

Though it is not required, i n 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 Signifi cant Risk or Hazards

.

Th e e x e mption re qu e st would authorize op era tion of th e below

- illustrate d ult r a lightweight UAS(s) i n ti g ht l y c ont r oll e d a nd limit e d a i r sp ace

. Al l instance s fo r hire

woul d tak e plac e a t p re d e t er min e d area s a w a y fr om g e n era l publi c

, a i r po r ts,

h e lipo r ts, v e hi c ul a r t ra f f ic, a nd within p r op er t y bound ar i e s o f th e hire r wit h their

expresse d verba l an d o r writte n consent

. I n additio n t o followin g th e FAA’s Condition s

an d Limitations

, Clayton Brown h a s adopted s afe t y 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 in t egra t ion o f

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 DJ I

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; Descen t: 3m/s

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

Diagonal Length 590mm (including propellers)

Flight Time 23minsClayton 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. T h e owner/ o p e r at o r w i l l f il e F A A F or m 771 1

- 1

, o r it s e qu i v al e n t

, a s m o d i f i e d i n

l ig h t o f t h e r e qu es t e d e x em p ti o n

, w i t h t h e a pp r o p r iat e loc a l F l ig h t S t a n d a rd s D i s tric t

O ff ic e ( FS D O ) n o m or e th a n 7 2 h o u r s b u t n o l es s t h a n 4 8 h o u r s f r o m p l an n e d

o p e ra t io n

.

5. T h e PI C a n d V O w i l l h a v e b e e n t ra i n e d i n o p e r a ti o n o f U A S a n d r e c e i v e u p

- t o

d a t e i n f or m a ti o n f o r t h e p a rti c u l a r U A S t o b e op e rat e d

.

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. T h e owner/ o p e r a to r w il l o b t a i n ve r b a l an d o r w r itt e n c o n se n t o f al l p e r s o n s

i n v ol ve d w i t h t h e p l a n n e d o p e ra t i o n a n d e n s u r e t h a t o n l y c o n se n ti n g p e r s o n s w i l l

b e allo w e d w it h i n 10 0 fee t o f t h e f li g h t o p e r a t i o n

, an d t h e r a d i u s m a y b e r e d u c e d t o

3 0 fee t b a se d u p o n a n e qu i v al e n t l eve l o f s a fe t y d e t e r m i n a t io n

. W it h t h e a d v a n c e d

p e r m i ss i o n o f t h e FS DO

, o p e r a ti o n s a t c lo se r r a n g e m a y b e a p p ro ve d.

8. Maxi m u m f li g h t ti m e f o r e a c h o p e r at i o n a l f l ig h t w il l b e 2 5 m i n u t es

. F l i g h t s w il l

b e t e r m i n a t e d a t 25 % b a t t e r y p o we r r ese r v e.

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 U AS 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 operat ion will take place without both a fully charged battery and a Pre

Flight Inspection by the PIC to establish the UAS is in condition for safe flight.

14. T h e PI C a n d V O w i l l b e a b l e t o co mm u n i c at e b y v oic e o r r ad i o a t al l ti mes

.

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 pro tocols

, 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 consider ation 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 restri cted 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 opera ted 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 t his 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

t han conventional operations conducted with airworthiness certificates issued under

14 C.F.R. Part 21, Subpart H. Lastly, application of these same criteriaClayton 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). U S

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 pil ot, 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 pe titioner’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 Airwor thiness. 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. Sect ion 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 b oard, 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 dat a

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 witho ut 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, butClayton 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 altit ude 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 contemplat ed. 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 airw orthiness 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 maintena n ce, and keep a log of

any maintenance performed. Moreover, the PIC is the person most familiar with theClayton 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 w i ll 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 con duct its services will be both limited and predetermined, which will

allow for a controlled environment to operate safely while greatly reducing ris k

. 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 ligh t er than the alternative which

could be a helicopter or small pla ne 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

syst em” under Section 333(c) of the Reform Act spec i fic to the use of UAS's as

proposed herein. Further more 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 Append

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– DJ I I nsp ir

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2 Append

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– DJ I Phan t

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