U.S. Department of Transportation 

Docket Management System 

1200 New Jersey Avenue 

SE Washington, DC 20590 

February 25, 2016 

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

FAA Regulations and certain parts of the FARs. 

Dear Sir or Madam: 

Request: 

In order to provide safe and environmentally-friendly aerial videography and photography for and 

public business interests, I, Randy Brunette, pursuant to Section 333 of the FAA Modernization and 

Reform Act of 2012 ("FRMA"), would like to formally submit for exemptions from the following 

Section 333 regulations: 

• 14 C.F.R. Part 21 

• 14 C.F.R. 45.23(b) 

• 14 C.F.R. 61.113(a) and (b) 

• 14 C.F.R. 91.7(a) 

• 14 C.F.R. 91.9(b)(2) 

• 14 C.F.R. 91.119(c), 

• _ 14 C.F.R. 91.121, 

• 14 C.F.R. 91.151(a)(l), 

• 14 C.P.R. 91.203(a) and (b), 

• 14 C.F:R. 91.405(a), 

• 14 C.F.R. 91.407(a)(l), 

• 14 C.F.R. 91.409(a)(l) and (2), 

• 14 C.P.R. 91.417(a) and (b) 

I am requesting these exemptions so that I may safely operate the Chroma Drone UAS commercially 

along the guidelines of the accompanying operator's manual as well as P AA guidelines for U AS 

flight and safety guidelines set by the Academy of Model Aeronautics (AMA). 

Proposed UAS and Operations 

The Chroma Drone weighs less than three pounds, will always be flown under 400 feet limited via 

software by its GPS and barometric sensors, is electrically powered by a lithium ion battery, carries 

no combustible fuel or crew, and will be transported in proper storage to and from all flight areas (in 

accordance with FAA guidelines). The aforementioned proposed exemptions would allow me to 

operate the Chroma Drone UAS for commercial purposes of aerial videography and photography as a 

service to public and business interests, including: real-estate photography and videography, wedding 

and private individual photography and videography, public and commercial photography and 

videography, and agricultural photography and videography. 

 
As evidenced by recent Exemption Nos. 12045 and 12058, the FAA recently approved similar use of 

the Chroma Drone. These particular UAS have been proven reliable and safe flying machines 

managed by gyroscopically-stabilized flight, ground detection, GPS-aided navigation, a built-in 

compass, blinking LED lights, a manual and automatic failsafe "Return To Home" mode for 

returning to the point of takeoff, and propeller guards in order to protect both the UAS and the 

environment. This particular model combines state-of-the-art, proven technology with high quality 

manufacturing and user-friendly control to ensure safe operation and easy maintenance and care. 

Specific section(s) of 14 CFR which I seek relief and the reason(s) I seek relief: 

14 C.F.R. Part 21: Airworthiness Certificates 

Given the size and limited operating area associated with the UAS to be utilized, an exemption from 

Part 21 meets the requirements of an equivalent level of safety under Part 11 and Section 333 of the 

Reform Act. As evidenced in Exemption No. 12045, "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 conventional 

aircraft operating with an airworthiness certificate without restrictions and conditions proposed." 

14 C.F.R. 45.23: Display of marks: general 

Because the Chroma Drone does not have a cabin, cockpit, pilot station, fuselage, boom, or tail on 

which to mark large words, numbers, or phrases, I request exemption from the above regulation. 

However, in efforts to comply with the above regulation and those set by the Academy of Model 

Aeronautics (AMA), I will affix a small label to the external hull of the UAS indicating my name, 

address, AMA Member Number, and my FAA Small UAS Certificate of Registration number. 

14 C.F.R. 61.113(a) & (b): Private pilot privileges and limitations: Pilot in command 

Under § 61.113 (a) and (b), certified private pilots are limited to noncommercial operations. 

However, I am able to achieve an equivalent level of safety through current FAA regulations of UAS 

operation and AMA safety guidelines (outlined in the summary of this document) without such a 

certification because of the above mentioned safety features of the Chroma Drone. According to 

Exemption No. 12045 in which the Chroma Drone was authorized for similar operation, "The FAA 

has previously declared that additional manned airship experience of a commercially certified pilot 

would not correlate to the airmanship skills necessary for similarly proposed operations in previously 

issued exemptions to this regulation through Exemption Nos. 11062 and 11138." Therefore, bearing 

any pilot certification or license will not ensure remote piloting skills of a UAS; the risks of operating 

this UAS are far less than the risk levels inherent in commercial activities with traditional aircraft 

given the Chroma Drone's safety features and the limited range and speed of the UAS. The FAA has 

approved a similar exemption to the above rule as evidenced in Exemption No. 12058. 

 
14 C.F.R 91.7: Civil aircraft airworthiness 

Currently there is no certificate applicable to this UAS, and therefore it will be up to myself, Randy 

Brunette, to determine the airworthiness of the Chroma Drone in accordance with its official 

operating manual. Written and signed pre and post-flight inspections of the propellers, motors, frame, 

landing stands, camera and gimbal unit, connected tablet devices, a compass calibration and properly 

ensured GPS locks as indicated by the Chroma Drones display of "Safe to Fly" message will be 

performed before and after each flight, accurate records of which will be kept with the UAS's storage 

and transportation system at all times. These records will be dated and will include the total flight 

time of each flight. 

14 C.F.R. 91.9 (b)(2): Civil aircraft flight manual, marking, and placard requirements 

As evidenced in Exemption 12045, since there are "no pilots or passengers on board this aircraft, and 

given its size, this regulation is inapplicable. An equivalent level of safety will be achieved by 

maintaining a safety/flight manual with the operator." In addition to the official safety/flight manual 

provided by Chroma upon purchase of the Chroma Drone, following the AMA guidelines for safe 

flight operations and the FAA regulations for UAS operations will ensure a high level of safety. 

14 C.F.R. 91.119(c): Minimum safe altitudes 

I, Randy Brunette will ensure that the UAS does not operate any higher than 400 feet at ground level 

by setting the maximum altitude at 400 feet in Chroma Drone's pilot application and ensuring this is 

set before each flight as part of the pre-flight inspection. I will not fly over congested areas or 

directly above unprotected people or moving vehicles. I will plan operations before hand for proper 

flight safety and proper height analysis as to avoid collisions. The GPS and barometric sensors 

equipped on the Chroma Drone will ensure accurate altitude readings, the output of which will be fed 

to my tablet device in real time as I operate the UAS. 

14 C.F.R. 91.121: Altimeter settings 

The Chroma Drone utilizes the latest GPS/GLONASS technologies as well as a barometric sensor 

with live data output to the tablet device attached to the transmitter. An equivalent level of safety and 

accurate altimeter telemetry will be achieved by using this. 

14 C.F.R. 91.151(a)(1): Fuel Requirements for flight in VFR conditions 

The Chroma Drone is electrically-powered by lithium ion batteries which are made by Chroma 

specifically for this particular UAS. They are rated as providing no longer than 30 minutes of flight 

time. Therefore, due to the limitations of the batteries, it is currently impossible to comply with part 

91.151. 

14 C.F.R. 91.203(a) and (b): Civil aircraft: Certifications required 

Currently, there are no procedures for providing airworthiness certificates for the mentioned UAS. I, 

Randy Brunette, however will always fly safely while having the manuals of the Chroma Drone and 

abiding by FAA regulations for UAS operation and AMA safety guidelines. 
14 C.F.R. 91.405(a): Maintenance Required, 14 C.F.R. 91.407(a)(l): Operation after maintenance, 

preventive maintenance, rebuilding, or alteration, 14 C.F.R. 91.409(a)(l) and (2): Inspections & 14 

C.F.R. 91.417 (a) and (b): Maintenance records 

Maintenance inspections may be required and should be granted since they apply to aircraft with an 

airworthiness certificate. However I, Randy Brunette, will perform both preflight and post-flight 

inspections of the UAS before and after each flight as outlined in the operating documents. I, Randy 

Brunette, will also follow manufacturer recommendations from said operating documents and keep a 

written record of any maintenance done to the UAS. 

Public Interest and Public Safety: 

Aerial photography and videography provided to the public allows for a more cost-effective, safe, 

and environmentally-friendly method to capturing imagery than its alternative: manned aircraft and 

helicopters. The latter are expensive to operate and maintain, create a high level of noise, and are 

much more hazardous due to size and combustible fuel - especially if flown at low altitudes required 

for some operations. I, Randy Brunette, in addition to using my UAS for commercial endeavors, will 

also gladly offer my services free of charge upon request and with proper coordination to any official 

search and rescue or emergency services organization to benefit the public. Because of this, an 

increase of commercial activity and a gaining of more detailed understanding of private and/or farm 

land would help local and area communities by: reducing pollution, risk, and operating costs by 

alternative aerial video and photography services such as manned airplanes and helicopters, reducing 

carbon emissions and traffic congestion by vehicles looking to view properties such as real-estate or 

farm land, and increase visibility to local attractions thereby bolstering local commerce and tourism. 

Given that there is no fuel and no crew on this UAS, that it weighs under three pounds and having a 

low maximum speed (less than 25mph), safe operation of this craft does not pose any immediate 

danger to the environment, wildlife, infrastructure or people. Given its GPS and ground-sensing 

capabilities, a failsafe "Return To Home" mode will safely return the craft to the operator at the push 

of a single button or automatically when the craft is either low on power or operating outside of its 

transmitter's range. This ensures that the craft will not remain airborne in unsafe conditions and pose 

any public danger. 

Summary 

I, Randy Brunette, am seeking exemption from the following rules: 14 C.F .R. Part 21, 14 C.F.R. 

45.23(b), 14 C.F.R. 61.113(a), 14 C.F.R. 91.7(a), 14 C.F.R. 91.9(b)(2), 14 C.F.R. 91.119(c), 14 

C.F.R. 91.121, 14 C.F.R. 91.151(a)(l), 14 C.P.R. 91.203(a) and (b), 14 C.F.R. 91.405(a), 14 C.F.R. 

91.407(a)(1), 14 C.F.R. 91.409(a)(l) and (2), 14 C.F.R. 91.417(a) and (b). With the exemptions of the 

mentioned rules I, Randy Brunette, will be seeking to make my UAS photography/videography 

services available to public and commercial interests. The FAA has authorized similar operations 

under Exemption Nos. 12045 and 12053. Alternatively, public and commercial interests had 

previously sought the use of manned aircraft to achieve what I can offer in a safer, more costefficient and environmentally-friendly manner by not using combustible fuel, flying at safe heights 

and strictly following the usage recommendations from Chroma and safety procedures by the 

Academy of Model Aeronautics. 

 
These include but are not limited to: 

• Flying the Chroma Drone safely in accordance with its operator's manual 

• Maintaining active and full membership in the Academy of Model Aeronautics (AMA), which 

provides' a high level of insurance and training programs to its members. 

• Always flying below 400 feet, using the Chroma Drone altitude read out to ensure this. 

• Completing thorough inspection of UAS before and after flights and keeping inspection records 

with the craft at all times 

• Keeping the UAS in visual sight at all times when in operation 

• Using an observer to assist if needed 

• Remaining safely clear of and not interfering with manned aircraft operations 

• Not flying directly over unprotected persons or moving vehicles 

• Not flying within 5 miles of an airport or control tower 

• Not flying in adverse weather conditions such as high winds, rain, or impaired visibility 

• Not flying under the influence of alcohol or drugs 

• Ensuring the operating environment is safe 

• Not flying over sensitive infrastructure or property such as power stations, water treatment 

facilities, correctional facilities, etc. 

• Checking and following all local laws and ordinances before flying over private property 

• Not conducting surveillance or photographing persons in areas where there is an expectation of 

privacy without the individual's permission 

In addition to these above general standards, I, Randy Brunette, will follow and abide by the following 

AMA safety guidelines: 

A. [DEFINITION]: A "model aircraft" is a non-human-carrying aircraft capable of sustained flight in 

the atmosphere. [This includes UAS such as the Chroma Drone]. 

1. Model aircraft will not be flown: 

a. In a careless or reckless manner. 

b. At a location where model aircraft activities are prohibited. 

2. Model aircraft pilots will: 

a. Yield the right of way to all human-carrying aircraft. 

b. See and avoid all aircraft and a spotter must be used when appropriate. (AMA 

Document #540-D.) 

c. Not fly higher than approximately 400 feet above ground level or within five miles of 

an airport. 

d. Not interfere with operations and traffic patterns at any airport, heliport or seaplane 

base. 

e. Not exceed a takeoff weight, including fuel, of 55 pounds. (AMA Document 520-A.) 

f. Ensure the aircraft is identified with the name and address or AMA number of the 

owner on the inside or affixed to the outside of the model aircraft. 

g. Not operate aircraft with metal-blade propellers or with gaseous boosts (AMA 

Document #555.) 

h. Not operate model aircraft while under the influence of alcohol or while using any 

drug that could adversely affect the pilot's ability to safely control the model. 
i. Not operate model aircraft carrying pyrotechnic devices that explode or burn, or any 

device which propels a projectile or drops any object that creates a hazard to persons 

or property. 

j. Not operate a turbine-powered aircraft, unless in compliance with the AMA turbine 

regulations. (AMA Document #510-A.) 

3. Model aircraft will not be flown in AMA sanctioned events, air shows or model 

demonstrations unless: 

a. The aircraft, control system and pilot skills have successfully demonstrated all 

maneuvers intended or anticipated prior to the specific event. 

b. An inexperienced pilot is assisted by an experienced pilot. 

c. When and where required by rule, helmets must be properly worn and fastened. They 

must be OSHA, DOT, ANSI, SNELL or NOCSAE approved or comply with 

comparable standards. 

B. RADIO CONTROL (RC) 

1. All pilots shall avoid flying directly over unprotected people, vessels, vehicles or structures 

and shall avoid endangerment of life and property of others. 

2. A successful radio equipment ground-range check in accordance with manufacturer's 

recommendations will be completed before the first flight of a new or repaired model aircraft. 

3. At all flying sites a safety line(s) must be established in front of which all flying takes place. 

(AMA Document #706.) 

a. Only personnel associated with flying the model aircraft are allowed at or in front of 

the safety line. 

b. At air shows or demonstrations, a straight safety line must be established. 

c. An area away from the safety line must be maintained for spectators. 

d. Intentional flying behind the safety line is prohibited. 

4. RC model aircraft must use the radio-control frequencies currently allowed by the Federal 

Communications Commission (FCC). 

5. RC model aircraft will not knowingly operate within three (3) miles of any pre-existing 

flying site without a frequency-management agreement. (AMA Documents #922 and #923.) 

6. With the exception of events flown under official AMA Competition Regulations, excluding 

takeoff and landing, no powered model may be flown outdoors closer than 25 feet to any 

individual, except for the pilot and the pilot's helper(s) located at the flight line. 

7. Under no circumstances may a pilot or other person touch an outdoor model aircraft in flight 

while it is still under power, except to divert it from striking an individual. 

8. The pilot of an RC model aircraft shall: 

a. Maintain control during the entire flight, maintaining visual contact without 

enhancement other than by corrective lenses prescribed for the pilot. 

b. Fly using the assistance of autopilot or stabilization system only in accordance with 

the procedures outlined in AMA Document #560. 
C. FREE FLIGHT 

1. Must be at least 100 feet downwind of spectators and automobile parking when the model 

aircraft is launched. 

2. Launch area must be clear of all individuals except mechanics, officials, and other fliers. 

3. An effective device will be used to extinguish any [fire] on the model aircraft. 

4. The flying area must be clear of all utility wires or poles and a model aircraft will not be 

flown closer than 50 feet to any above-ground electric utility lines. 

5. The flying area must be clear of all nonessential participants and spectators before the engine 

is started. 

I thank you for your time and effort in processing this request and look forward to cooperating with 

the FAA in its continued commitment for the safe operation of UAS. 

Sincerely, 

Randy Brunette 

618 Park St. 

Chilton, WI 53014 

randybrunette@gmail.com

920-377-6008