### Brandon Shane Rasch Aerial Engineering Data dba Oberon Aerial 808Algregg Houston, Texas 77008

September 3, 2015

U.S. DepartmentofTransportation Docket Management System 1200 New JerseyAve., SE Washington DC 20590

RE: Exemption Request Pursuantto Section 333 ofthe FAA Reform Act and Part 11 ofthe Federal Aviation Regulations from: 14 CFR 21 subpart H; 14 CFR 45.23(b); 14 CFR 61.113(a); 14 CFR 91.7(a); 14 CFR 91.9(b)(2); 14CFR 91.109; 14 CFR 91.119(c) 14 CFR 91.121; 14 CFR 91.151(a); 14 CFR 91.203(a); 14 CFR 91.407(a)(1) 14 CFR 91.409(a)(1)(2); 14 CFR 91.417(a)(b)

Dear Mr. Michael W. Lowder:

Pursuantto Section 333 ofthe FAA Modernization and Reform Act of2012 and 14 CFR PartII, Brandon Shane Rasch, operatorofsmall Unmanned Aerial Systems (UAS), herby applies for an exemption from the listed FederalAviation Regulations
to allow commercial operation ofa small UAS, so long as such operations are conducted within and underthe conditions outlined herein or as maybe established by the FAA as required by Section 333.

Commercial operation small UAS, as described herein, which are equippedwith

cameras and sensors, would operate in the following manner:

1. Aerial photography and/orvideo for public and/orprivate use including real estate, architecture, land surveying, engineering and otherrelated professional activities. 2. Aerial video and/orphotography for public and/orprivate use including television, public events, and cinematography. 3. Aerial inspection/photography ofresidential/commercial structures under contractwith the owners orlocal government authority. 4. Aerial video/photography orprovidinglive video feed to assist with search and rescue operations in cases ofan emergencyornatural disaster only when the local authorities orgovernment has requested itby
contract ordonation.

As described fully below, the requested exemption would permitthe operation of small UAS under controlled conditions in the NAS thatwould be a.) Limited b.) Controlled c.) predetermined and d.) will provide safety enhancements to the

### already safe operations in the industrypresentlyusing conventional aircraft. Approval ofthis exemption would therebyenhance safety and fulfill the Secretary of Transportation's (the FAA Administrator's responsibilities to "establish requirements for the safe operation ofsuch aircraft systems in the national airspace system."

The name, phone, email and address ofthe applicant:

Name: Brandon Shane Rasch Phone: (713) 376-3864 Email: shanerasch@startmail.com Address: 808Algregg, Houston, Texas 77008

Regulations from which the exemption is requested: 14CFR Part 21 subpartH 14CFR 45.23(b) 13 CFR 61.113(a) 14 CFR 91.7(a) 14CFR 91.9(b)(2) 14CFR 91.103 14 CFR 91.109 14CFR 91.119(c) 14 CFR 91.121 14CFR 91.151(a) 14 CFR 91.203(a)(b) 14 CFR 91.405(a) 14 CFR 91.407(a)(1) 14 CFR 91.409(a)(2) 14 CFR 91.417(a)(b)

The small UAS(s) Iwill beusing are multi-rotor craftweighing no more than SSlbs. includingpayload. Under normal conditions they operate at speeds ofno more than 45 Mph or 39 Knots and have the ability to hover and move along a vertical and horizontal plan simultaneously. Theywill operate in line ofsight only andbythe exempted person only obeying all otherlocal and federal laws.

Given the small size ofthe UAS and the controlled environmentprovided, the proposed operations would adhere to the Reform Act's safety requirements. The approval ofthis application presents no national securityissues whatsoever. Regardingthe level ofsafety surroundingthe proposed operations and the public benefit, reduction in environmental impacts, includingbut not limited to reduced 

### emissions and noise, the grant ofthe requested exemption is in the public interest. Accordingly, the applicant requests thatthe FAA grantthe requested exemption with minimal delay.Aircraft Used with Appropriate Safety

The operation limitations proposed for an equivalent orhigherlevel ofsafety because operations will further enhance the safety ofthe persons and/orproperty using conventional aircraft. These limitations and conditions to which the applicant agrees to adhere to when conducting commercial operations underthe FAA issued exemption as setforth in the Flight Operations Manual (FOM) include:

1.) The small UAS will weight less than 55 lbs. 2.) Flights will be operated within line ofsight ofpilot and/or observer. 3.) Maximum flight time for each operational flight will be 45 minutes. Flights will be terminated at 20% batterypowerreserve or 30 minutes of flight time whichever occurs first. 4.) Flights will be operated at an altitude ofno more than 600 feet Above Ground Level (AGL) and not more than 400 feet above an elevated platform from which filming is planned. 5.) Minimal crewfor each operation will consist ofthe small UAS Pilot in Command (PIC), the Visual Observer (VO) when needed and may include butnot limited to a Camera Operator. 6.) The small UAS pilotwill be Brandon Shane Rasch. No otherperson will operate the small UAS in a commercial capacity. 7.) A briefing will be performed regardingthe planned small UAS operations priorto each day's flight consisting ofall the day's production activities. 8.) The PIC will obtain verbal/written consent ofall persons involved with the operation and ensure that only consentingpersons will be allowed within 65 feet ofthe flight operation, and the radius maybe reduced slightlybased upon an equivalent level ofsafety determination, as required under the FOM. With the advanced permission or directions of the FSDO, operations at closer range maybe approved. 9.) The PIC and VO will have been trained in operation ofsmall UAS and receive up-to-date information for the particular small UAS to be operated andwill be able to showupon requesttheir competentability to operate the small UAS andjor Camera. 10.) The PIC and VO will be able to communicate byvoice, radio, andjor
text at all times. 11.) Written and/orverbal permission and permits will be obtained from territorial, state, county or cityjurisdictions, includinglaw enforcement, fire or other appropriate governmental agencies when needed. 12.) Ifthe small UAS loses communications orloses GPS signal, the small UAS will have the capabilityto return to a pre-determined location within

a designated location and land autonomously. 13.) The small UAS will have the capabilityto abort a flight in case of unpredicted obstacles, weather, or emergencies.14 C.F.R. Part 21, SubpartH: Airworthiness Certificates 14 C.F.R. §91.203(a)(1)

SubpartH, entitled Airworthiness Certificates, establishes the procedural requirements for the issuance ofairworthiness certificates as required by FAR §91.203(a)(1). Given the size and limited operatingarea associated with the aircraft
to be utilized by theApplicant, an exemption from Part 21 Subpart Hmeets the requirements ofan equivalent level ofsafety under Part 11 and Section 333 ofthe Reform Act. The Federal Aviation Act (49 U.S.C. §44701)(f) and Section 333 ofthe Reform Act both authorize the FAA to exempt aircraft from the requirement for an airworthiness certificate, upon consideration ofthe size, weight, speed, operational capability, and proximityto airports and populated areas ofthe particular small UAS. In all cases, an analysis ofthese criteria demonstrates that the small UAS operated without an airworthiness certificate, in the restricted environment and underthe conditions proposed will be at least as safe, or safer, than a conventional aircraft (fixed wing or rotorcraft) operatingwith an airworthiness certificate withoutthe restrictions and conditions proposed.

The small UAS to be operated hereunder is less than 55 lbs. fully loaded, carries neither a pilot nor passenger, caries no explosive materials or flammable liquid fuels, and operates exclusivelywithin a secured and designated area. Unlike other civil aircraft, operations under this exemption will be tightly controlled and monitored by boththe operatorand under the requirements and in compliance with local public safety requirements. These safety enhancements provide a greater degree ofsafety 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 threatto national security posed by the small UAS, due to its size, speed of operation, locations ofoperation, lack ofexplosive materials orflammable liquid fuels, and inabilityto carrya substantial external load.

14 C.F.R. §45.23(b) Marking oftheAircraft

The regulation requires: When marks include only the Roman capital letter "N" and the registration number is displayed on limited, restricted orlight-sport category aircraft or experimental orprovisionally certificated aircraft, the operatormust also display on that aircraft near each entrance to the cabin, cockpit, orpilot station, in letter notless than 2 inches nor more than 6 inches high, the words "limited," "restricted," "light-sport," "experimental," or "provisional," as applicable.

Even though the small UAS will have no airworthiness certificate, an exemption may be needed as the small UAS will have no entrance to the cabin, cockpit orpilot station on which the word "Experimental" can be placed. Given the size ofthe small UAS, 2 inch letteringwill be impossible. The word "Experimental" will be placed on the fuselage in compliance with §45.29(f). The equivalent level ofsafetywill be provided byhaving the small UAS marked on its fuselage as required by §45.29(f)where the pilot, observer and others workingwith the small UAS will see the identification ofthe small UAS "Experimental."

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

Pursuantto 14 CFR 61.113(a), no person who holds a private pilot certification may act as a pilot in command ofan aircraft that is carrying passengers orproperty for compensation or hire. Our small UAS do not carry any pilots or passengers nor propertytherefore Iam seeking an exemption to 14 CFR 61.113(a). Although helpful, a pilot's license will not ensure remote control piloting skills. The risks attendantto the operation ofsmall UAS is far less than the risk levels inherentin the commercial activities outlined in 14 CFR 61. I feel the operation and limitations set forth in the FOM will equate to the safe operation ofthe small UAS.

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

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 ofthe aircraft for maintenance and use of safety checklists priorto each flight an equivalent level ofsafetywill 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 notrequired 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 small UAS, given its size and configuration has no ability

orplace to carry such a flight manual on the aircraft, not only because there is no pilot on board, butbecause there is no room or capacity to carry such an item on the aircraft. The equivalent level ofsafetywill be maintained bykeepingthe flight manual atthe ground control point or station where the pilot flying the small UAS will have immediate access to it.

14 C.F.R. §91.103: Preflight Action.

This regulation requires each pilot in command to take certain preflight measures and checks before each flight to insure the safety offlight. As FAA approved rotorcraft flight manuals will not be provided for the aircraft an exemption will be needed. The Operatorwill take all actions including reviewing weather, flight battery requirements, landing and takeoffdistances and aircraft performance data before initiation offlight.

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. Small UAS and remotely piloted aircraft, bytheir design, do nothave fully functional dual controls. Flight control is accomplished through the use ofa control box that communicates with the aircraftvia radio communications. The FAA has approved exemptions for flight training without fully functional dual controls for a number ofaircraft and for flight instruction in experimental aircraft. The equivalent level ofsafety provided by the fact that neither a pilot nor passengers will be carried in the aircraft and bythe size and speed ofthe aircraft.

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

Section 91.119 establishes safe altitudes for operation ofcivil aircraft. Section 91.119(d) allows helicopters to be operated at less than the minimums prescribed, provided the person operatingthe helicopter complies with any route or altitudes prescribed for helicopters bythe FAA. As this exemption is for a small UAS that is a helicopter and the exemption requests authorityto operate at altitudes up to 600 AGL, or not more than 400 above an elevated platform from which filming is planned, an exemption may be needed to allow such operations. As set forth herein, them small UAS will never operate at higher than 600 AGL with the exception that in circumstances where the small UAS is used to survey orphotograph a structure whose height exceeds 600 feet AGL, the small UAS will not be operated more than 100' above the highest point on the structure. It will howeverbe operated in a restricted area with securityperimeter, where buildings and people will not be exposed to operations without their pre-obtained consent. The equivalent level of safety will be achieved given the size, weight, speed ofthe small UAS as well as the location where it is operated. No flight will be taken without the permission ofthe property owner or local officials. Because ofthe advance notice to the property

ownerand participants in the filming activity, all affected individuals will be aware ofthe planned flight operations. Compared to flight operations with aircraft or rotorcraftweighing far more than the maximum 55 lbs. proposed herein and the lack offlammable fuel, any risk associated with these operations is far less than those presentlywith conventional aircraft operating at orbelow 600 AGL. In addition, the low-altitude operations ofthe small UAS will ensure separation between these small UAS operations and the operations ofconventional aircraft that
must comply with Section 91.119.

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

This regulation requires each person operating an aircraftto maintain cruising altitude by reference to an altimeter that is set"

...to the elevation ofthe departure airport or an appropriate altimeter settingavailable before departure." As the small UAS may not have a barometric altimeter, but instead a GPS altitude read out, an exemption may be needed. An equivalent level ofsafety will be achieved bythe operator, pursuantto the safety check list and live flight data monitoring,confirming the altitude ofthe launch site shown on the GPS altitude indicatorbefore 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 underVFR conditions unless (considering wind and forecast weather conditions) there is enough fuel to fly to the first point ofintended landing, and, assuming normal cruising speed- (1) duringthe day, to fly afterthat for at least 30 minutes;

or (2) at night, to fly afterthat for atleast45 minutes." The batterypoweringthe small UAS provides approximately 30 minutes ofpowered flight. To meet the 30- minute reserve requirement in 14 CFR §91.151, small UAS flights would be limited
to approximately 10 minutes in length. Given the limitations on the small UAS's proposed flight area and the location ofits proposed operations within a predetermined area, a longer time frame for flight in daylight ortwilightVFR conditions is reasonable. Applicantbelieves that an exemption from 14 CFR §91.151(a) falls within the scope ofprior exemptions. Operatingthe small UAS, in a tightly controlled area where only people and property owners or official representatives who have singed waivers will be allowed, with less than 30 minutes ofreserve fuel, does not engenderthe type ofrisks that Section 91.151(a) was intendedto alleviate given the sise and speed ofthe small UAS. Additionally, limiting small UAS flights to 10 minutes would greatly reduce the utility for which the exemption will be granted. Applicantbelieves that an equivalentlevel ofsafety

can be achieved by limiting flights to 30 minutes or 25% ofbattery powerwhichever happens first. This restriction would be more than adequate to return the small UAS to its planned landing zone from anywhere in its limited operating

area.

14 C.F.R. §91.20(a)(b): Carrying Civil Aircraft Certifications and Registration

The regulation provides in pertinentpart: (a) Except as provided in §91.715, no person may operate a civil aircraft unless ithas within it the following: (1) An appropriate and current airworthiness certificate

... (b) No person may operate a civil aircraft unless the airworthiness certificate required byparagraph (a) ofthis 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 small UAS fully loaded weights no more than 55 lbs. and is operated without an onboard pilot. As such, there is no ability orplace to carry certification and registration documents or to display them on the small UAS. An equivalent level ofsafetywill be achieved by keeping these documents at the ground control point where the pilot flying the small UAS will have immediate access to them; to the extent they are applicable to the small UAS.

### 14C.F.R. §91.40S(a); 407(a)(1); 409(a)(2); 417(a)(b): Maintenance Inspections.

These regulations require thatan aircraft operatoror owner "shall have that aircraft inspected as prescribed in subpartEofthis partand shall between required ispections, except as provided in paragraph (c) ofthis section, have discrepancies repaired as prescribed in part43 ofthis chapter.

..," and others shall inspect or maintain the aircraftin compliance with Part43. Given thatthese sections and Part 43 apply only to aircraftwith an airworthiness certificate, these sections will not apply to the applicant

I appreciate your promptattention to this requestand Ilookforward to receiving approval ofmy exemption pursuantto Section 333 ofthe FAA Reform Act and Part 11 ofthe Federal Aviation Regulations.

Sincerely,

Brandon Shane Rasch