Brandon Shane Rasch 

Aerial Engineering Data dba Oberon Aerial 

808 Algregg 

Houston, Texas 77008 

September 3, 2015 

U.S. Department of Transportation 

Docket Management System 1200 

New Jersey Ave., SE Washington DC 20590 

RE: Exemption Request Pursuant to Section 333 of the FAA Reform Act and Part 11 

of the 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); 14 CFR 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: 

Pursuant to Section 333 of the FAA Modernization and Reform Act of 2012 and 14 

CFR Part II, Brandon Shane Rasch, operator of small Unmanned Aerial Systems 

(UAS), herby applies for an exemption from the listed Federal Aviation Regulations 

to allow commercial operation of a small UAS, so long as such operations are 

conducted within and under the conditions outlined herein or as may be established 

by the FAA as required by Section 333. 

Commercial operation small UAS, as described herein, which are equipped with 

cameras and sensors, would operate in the following manner: 

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

real estate, architecture, land surveying, engineering and other related 

professional activities. 

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

television, public events, and cinematography. 

3. Aerial inspection/photography of residential/ commercial structures 

under contract with the owners or local government authority. 

4. 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. 

As described fully below, the requested exemption would permit the operation of 

small UAS under controlled conditions in the NAS that would be a.) Limited b.) 

Controlled c.) predetermined and d.) will provide safety enhancements to the 
already safe operations in the industry presently using conventional aircraft. 

Approval of this exemption would thereby enhance safety and fulfill the Secretary of 

Transportation's (the FAA Administrator's responsibilities to "establish 

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

system." 

The name, phone, email and address of the applicant: 

Name: Brandon Shane Rasch 

Phone: (713) 376-3864 

Email: shanerasch@startmail.com 

Address: 808 Algregg, Houston, Texas 77008 

Regulations from which the exemption is requested: 

14 CFR Part 21 subpart H 

14 CFR 45.23(b) 

13 CFR 61.113(a) 

14 CFR 91.7(a) 

14 CFR 91.9(b)(2) 

14 CFR 91.103 

14 CFR 91.109 

14 CFR 91.119(c) 

14 CFR 91.121 

14 CFR 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) I will be using are multi-rotor craft weighing no more than SSlbs. 

including payload. Under normal conditions they operate at speeds of no more than 

45 Mph or 39 Knots and have the ability to hover and move along a vertical and 

horizontal plan simultaneously. They will operate in line of sight only and by the 

exempted person only obeying all other local and federal laws. 

Given the small size of the UAS and the controlled environment provided, the 

proposed operations would adhere to the Reform Act's safety requirements. The 

approval of this application presents no national security issues whatsoever. 

Regarding the level of safety surrounding the proposed operations and the public 

benefit, reduction in environmental impacts, including but not limited to reduced 

emissions and noise, the grant of the requested exemption is in the public interest. 

Accordingly, the applicant requests that the FAA grant the requested exemption 

with minimal delay. 
Aircraft Used with Appropriate Safety 

The operation limitations proposed for an equivalent or higher level of safety 

because operations will further enhance the safety of the persons and/or property 

using conventional aircraft. These limitations and conditions to which the applicant 

agrees to adhere to when conducting commercial operations under the FAA issued 

exemption as set forth in the Flight Operations Manual (FOM) include: 

1.) The small UAS will weight less than 55 lbs. 

2.) Flights will be operated within line of sight of pilot and/or observer. 

3.) Maximum flight time for each operational flight will be 45 minutes. 

Flights will be terminated at 20% battery power reserve or 30 minutes of 

flight time whichever occurs first. 

4.) Flights will be operated at an altitude of no 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 crew for each operation will consist of the small UAS Pilot in 

Command (PIC), the Visual Observer (VO) when needed and may include 

but not limited to a Camera Operator. 

6.) The small UAS pilot will be Brandon Shane Rasch. No other person will 

operate the small UAS in a commercial capacity. 

7.) A briefing will be performed regarding the planned small UAS operations 

prior to each day's flight consisting of all the day's production activities. 

8.) The PIC will obtain verbal/written consent of all persons involved with 

the operation and ensure that only consenting persons will be allowed 

within 65 feet of the flight operation, and the radius may be reduced 

slightly based upon an equivalent level of safety determination, as 

required under the FOM. With the advanced permission or directions of 

the FSDO, operations at closer range may be approved. 

9.) The PIC and VO will have been trained in operation of small UAS and 

receive up-to-date information for the particular small UAS to be 

operated and will be able to show upon request their competent ability to 

operate the small UAS andjor Camera. 

10.) The PIC and VO will be able to communicate by voice, radio, andjor 

text at all times. 

11.) Written and/or verbal permission and permits will be obtained from 

territorial, state, county or city jurisdictions, including law enforcement, 

fire or other appropriate governmental agencies when needed. 

12.) If the small UAS loses communications or loses GPS signal, the small 

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

a designated location and land autonomously. 

13.) The small UAS will have the capability to abort a flight in case of 

unpredicted obstacles, weather, or emergencies. 
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 Applicant, 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 small 

UAS. In all cases, an analysis of these criteria demonstrates that the small 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 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 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 demonstrates that there is no credible 

threat to national security posed by the small UAS, due to its size, speed of 

operation, locations 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 

letter 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 small UAS will have no airworthiness certificate, an exemption may 

be needed as the small 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 small 

UAS, 2 inch lettering will be impossible. The word "Experimental" will be placed on 

the fuselage in compliance with §45.29(f). The equivalent level of safety will be 

provided by having the small UAS marked on its fuselage as required by §45.29(f) 
where the pilot, observer and others working with the small UAS will see the 

identification of the small UAS "Experimental." 

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

Pursuant to 14 CFR 61.113(a), no person who holds a private pilot certification may 

act as a pilot in command of an aircraft that is carrying passengers or property for 

compensation or hire. Our small UAS do not carry any pilots or passengers nor 

property therefore I am seeking an exemption to 14 CFR 61.113(a). Although 

helpful, a pilot's license will not ensure remote control piloting skills. The risks 

attendant to the operation of small UAS is far less than the risk levels inherent in 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 of the small UAS. 

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 small 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 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 of flight. As FAA approved 

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

needed. The Operator will take all actions including 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. Small 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 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 small UAS that is a 

helicopter and the exemption requests authority to 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 or photograph 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 however be operated in a 

restricted area with security perimeter, 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 of the small 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 weighing far more than the maximum 55 lbs. proposed herein and the 

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

those presently with conventional aircraft operating at or below 600 AGL. In 

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

between these small 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 small 

UAS may not have a barometric altimeter, but instead a GPS altitude read out, an 

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 battery powering the 

small UAS provides approximately 30 minutes of powered 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 of its proposed operations within a 

predetermined area, a longer time frame for flight in daylight or twilight VFR 

conditions is reasonable. Applicant believes that an exemption from 14 CFR 

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

of reserve fuel, does not engender the type of risks that Section 91.151(a) was 

intended to alleviate given the sise and speed of the small UAS. Additionally, 

limiting small UAS flights to 10 minutes would greatly reduce the utility for which 

the exemption will be granted. Applicant believes that an equivalent level of safety 

can be achieved by limiting flights to 30 minutes or 25% of battery 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 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) 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 or place to carry certification and registration documents or to display 

them on the small UAS. An equivalent level of safety will 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. 
14 C.F.R. §91.40S(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 

ispections, 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 applicant 

I appreciate your prompt attention to this request and I look forward to receiving 

approval of my exemption pursuant to Section 333 of the FAA Reform Act and Part 

11 of the Federal Aviation Regulations. 

Sincerely, 

Brandon Shane Rasch