UNITED STATES OF AMERI CA DEPARTMENT OF TRANSPORTATION FEDERAL AVIATION ADMINISTRATION

WASHI NGTON, DC

**IN THE MATTER OF THE PETITION FOR EXEMPTION OF:**

**REUBEN N. BRAY FOR AN EXEMPTION SEEKING RELIEF FROM THE REQUIREMENTS OF** 

**TITLE 14 OF THE CODE OF FEDERAL REGULATIONS**  **SECTIONS 61.113(a) & (b), 91.7(a), 91.121, 91.151(b), 91.405(a), 91.407(a)(1), 91.409(a)(1) & (a)(2), AND 91.417(a) & (b) CONCERNING COMMERCIAL**  **OPERATION OF TBS DISCOVERY PRO QUADCOPTER AND TAROT FY 680** 

**HEXACOPTER UNMANNED AIRCRAFT SYST EMS** 

**PURSUANT TO SECTION 333 OF THE FAA MODERNIZATION AND REFORM ACT OF 2012** 

**(PUBLIC LAW 112 -**  **95)**

Submitted on October 10 , 2015 Reuben N. Bray 9112 NE 37 th Ave Vancouver, Washington 98665 (503) 380

- 4616 ReubenNBray @gmail.com2 **TABLE OF CONTENTS** Page GLOSSARY OF ABBREVIATIONS...................................................................................3 SUMMARY...................................................................................................................... .....4 IN TR ODUCTION AND INTERESTS OF PETITIONER....................................................4 BACKGROUND................................................................................................................... .5 BASI S FOR PETITION................ .........................................................................................6 NAME AND ADDRESS OF PETITIONER.............................................................8 THE SPECIFI C SEC TI ONS OF 14 C.F.R. FROM WHI CH REUBEN N. BRAY SEEKS EXEMPTI ON

................................ ................................ .............................. 8 THE EXTENT OF RELIEF REUBEN N. BRAY SEEKS AND THE REASON REUBEN N. BRAY SEEKS THE RELIEF

................................ ........................... 12 THE REASONS WHY GRANTING REUBEN N. BRAY’S REQUEST WOULD BE IN THE PUBLIC IN TEREST

................................ ................................ .......... 16 THE REASONS WHY GRANTING THE EXEMPTI ON WOULD NOT ADVERSELY AFFECT SAFETY..........................................................................19 SUMMARY THAT CAN BE PUBLISHED IN THE FEDERAL REGI STER......33 ANY ADDITIONAL INFORMATION, VIEWS, OR ARGUM ENTS AVAILABLE TO SUPPORT REUBEN N. BRAY’S REQUEST

........................ 34 CONCLUSION................................................................................................................... .35 APPENDI CES........................................................................................373 **GLOSSARY OF ABBREVIATIO NS**  AGL Above Ground Level AOI Area of Interest ATC Air Traffic Control ATO Air Traffic Organization AV Aerial Vehicle CFR Code of Federal Regulations COA Certificate of Authorization FAA Federal Aviation Administration FAR Federal Aviation Regulation GCS Ground Control Station GPS Global Positioning System LOL Loss of Link NAS National Airspace Sy stem NOTAM Notice to Airman PI C Pilot In Command Section 333 FAA Modernization and Reform Act of 2012 (FMRA) Section 333 V SO Visual Safety Observer SOP Standard Operating Procedures UAS Unmanned Aircraft Sy stem VFR Visual Flight Rules VLOS Visual L ine of Site VMC Visual Meteorological Conditions VTOL Vertical Takeoff and Landing4 **SUMM ARY**  Reuben N. Bray

seeks exemption from the requirements of 14 C.F.R §§ 61.113(a) & (b), 91.7(a), 91.121, 91.151(b), 91.405(a), 91.407(a)(1), 91.409(a)(1) & (a)(2), and 91.417(a) & (b), to operate an Unmanned Aircraft Sy stem pursuant to Section 333 of the FAA Modernization and Reform Act of 2012 (FMRA). This exemption will permit Reuben N. Bray

to operate an Unmanned Aircraft Sy stem (UAS) for the commercial purpose of conducting aerial video and photography of construction sites, real estate, agriculture, search and rescue, structural inspection and landscape over certain areas of the United States.

**INTRODUCTION AND INTERESTS OF THE PETITIONER** I provide m y clients with aerial photo and video. I have over 10 ye ars of professional video and photograph y. I have over 6 years recreational/hobby RC experience in fixed wing and VTOL fl yi ng . I have had hundreds of hours o f experience of safe fl yi ng. My understandin g of aviation safety, airspace and altitude regulations make my operations of drone safety at an elevated level of respect. My objective of aerial video and photography operations is to provide high quality

imaging for a variety

of commercial, public, and residential uses, specificall y targeting:

 Real

- estate

 Construction sites before and after

 Aerial	acquisitions	used	for	inspections	of	public	and	private	structures.

 Agriculture inspection

 Special event coverage

 In crease public knowledge of UAS and promot e safe UAS operations

 Search and Rescue operations

 Public safety

operations5 **BACKGROUND** Unmanned Aircraft Sy stems: TBS Discovery Pro and Tarot FY 680 Reuben N. Bray

s eeks an exemption to operate for compensation or hire within the NAS. TBS Discovery

Pro and Tarot FY 680 are vertical takeoff and landing (VTOL) Unmanned Aircraft Sy stem (UA S ) with a Ground Control Station (GCS) utilizing electronic tablet or smart phone sy stems. TBS Discovery Pro and Tarot FY 680 both weight far less than the maximum 55 lb l imitation and fly far less than the 100 mph limitation . The TBS Discovery Pro UA S is equipped with four main rotors; driven by Lithium Poly

mer battery

powered electric motors. The Tarot FY 680 UAS is equipped with six main rotors; driven by L ithium Poly

mer battery

powered electric motors.6 **BASIS FOR PETITION** Petitioner, Reuben N. Bray , pursuant to the provisions of the Federal Aviation Regulations (14 C.F.R. § 11.61) and the FAA Modernization and Reform Act of 2012 (FMRA), Section 333, Special Rules for Certain Unmanned Aircraft Systems , hereb y petitions the Administrator to commerciall y operate the TBS Discovery Pro and Tarot FY 680, UA S in the National Airspace S ys tem (NAS), and for an exemption from the requirements of 14 C.F.R §§ 61.113(a) & (b), 91.7(a), 91.121, 91.151(b), 91.405(a), 91.407(a)(1), 91.409(a)(1) & (a)(2), and 91.417(a) & (b). In consideration of the speed, weight, size, and limited operating area associated with the unmanned aircraft and its operation, Reuben N. Bray ’s TBS Di scovery Pro and Tarot FY 680 UA S meets the conditions of FMRA Section 333 and therefore, will not require an airworthiness certificate in accordance with 14 C.F.R. Part 21, Subpart H. Accordingl y, Reuben N. Bray requests relief from Sections 91.405(a), 91 .407(a)(1), 91.409(a)(1) & (a)(2), and 91.417(a) & (b), as these sections set forth requirements for maintenance that onl y apply to aircraft with an airworthiness certificate. Reuben N. Bray submits that the requested relief is proper since an equivalent level of safety will be ensured. Reuben N. Bray will use experienced personnel or technicians to perform maintenance, alterations, or preventive maintenance on the UAS using the methods, techniques, and practices prescribed in the operating documents (i.e. , Monthly Maintenance Lo g , and Instruction Manual). Furthermore, Reuben N. Bray will document and maintain all maintenance records for the TBS Discovery Pro and Tarot FY 680 UA S

. Relief from certain requirements of Section 61.113(a) and (b), entitled Priv ate pilot privileges and limitations: Pilot in command, is requested by Reuben N. Bray to the extent necessary to allow a Pilot in Command (PI C) holding a private pilot or higher level7

certificate, as well as an airman medical certificate, and who has demo nstrated, by meeting minimum flight

- hour and currency requirements, that the PI C is able to safely operate the TBS Discovery

Pro and Tarot FY 680 UA in a manner consistent with this exemption, including evasive and emergency maneuvers and maintaining appropriate distances from people, vessels, vehicles and structures. Reuben N. Bray seeks relief from Section 91.7(a), entitled Civil aircraft airworthiness , because the TBS Discovery Pro and Tarot FY 680 UA S do not require an airworthiness certificate in acc ordance with 14 C.F.R. Part 21, S ubpart H. As such, Reuben N. Bray submits that he will ensure that the TBS Discovery Pro and Tarot FY 680 UAS is in an airworth y condition, prior to every flight, b y determining that the UASs are in compliance with the oper ating documents (i.e., Monthly Maintenance Log, and Instruction Manual), and that the aircraft is in a condition for safe flight. Reuben N. Bray also seeks an exemption from the requirements of Section 91.121, entitled Altimeter Settings , as the TBS Disco very Pro and Tarot FY 680 UAS will not have a ty pical barometric altimeter onboard. However, altitude information of the TBS Discovery

Pro and Tarot FY 680 UAS will be provided to the PI C via Global Positioning Sy stem (GPS) equipment and radio communicatio ns telemetry data link, which downlinks from the UA S to the GCS for active monitoring of the flight path. This altitude information, combined with Reuben N. Bray operation of the TBS Discovery Pro and Tarot FY 680 UAS within vis ual line of sight, at or below 4 00 feet AGL, will ensure a level of safety

equivalent to Section 91.121. Additionally , Reuben N. Bray seeks an exemption from the requirements of Section 91.151(b), entitled Fuel requirements for flight in VFR conditions

. Reuben N. Bray submits that safety

will not be affected by

operation of the TBS Discovery Pro and Tarot8

FY 680 UAS during daylight hours in visual meteorological conditions (VMC) under visual flight rules (VFR), with battery power to fl y for a tota l duration of approximately 10 minutes. In accordance with 14 C.F.R. § 11.81, Reuben N. Bray provides the following information in support of its petition for exemption: **A. Name And Address Of The Petitioner.**  The name and address of the Petitioner and point of contact is: Reuben N. Bray 9 112 NE 37 th Ave Vancouver, Washington 98665 ReubenNBray@gmail.com (503) 380

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**B. The Spec ific Sections Of 14 C.F.R. From**  **Which Reuben N. Bray**  **Seeks Exemption. 1.**  **Reuben N. Bray Seeks Exemption From The Requirements Of Section**  **61.113(a) And (b).** Section 61.113, entitled Private pilot privileges and limitations: Pilot in command, subsections (a) and (b) prescribe the following, in relevant part: (a) No person who holds a private pilot certificate may act as a pilot in command (PI C) of an aircraft that is carrying passengers or propert y for compensation or hire; nor may

that person, for compensation or hire, act as PIC of an aircraft. (b) A private pilot may , for compensation or hire, act as PIC of an aircraft in connection with an y business or emplo ym ent if

— (1) The flight is only

incidental to that business or employ ment; and (2) The aircraft does not carry passengers or property

for compensation or hire.
**2. Reuben N. Bray**  **Se eks Exemption From The Requirements Of Section**  **91.7(a).** Section 91.7, entitled Civil aircraft airworthiness , subsection (a), states the following:9 (a) No person may

operate a civil aircraft unless it is in an airworthy condition. **3. Reuben N. Bray**  **Seeks Exemption From The Requirements Of Section 91.121.**  Section 91.121, entitled Altimeter settings , subsection (a), states the following, in part: (a) Each person operating an aircraft shall maintain the cruising altitude or flight level of that aircraft, as the case may be, b y reference to an altimeter that is set, when operating

-- (1) Below 18,000 feet MSL , to
-- (i) The current reported altimeter setting of a station along the route and within 100 nautical miles of the aircraft; (ii) If there is no station within the area prescribed in paragraph (a)(1)(i) of this section, the current reported altimeter setting of an appropriate available station; or (iii) In the case of an aircraft not equipped with a radio, the elevation of the departure airport or an appropriate altimeter setting available before departure. **4. Reuben N. Bray**  **Seeks Exemption From The Requirements Of Section 91.151(b).**  Section 91.151, entitled Fuel requirements for flight in VFR conditions , subsection (b), states the following: (b ) No person may begin a flight in a rotorcraft 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, to fly after that for at least 20 minutes. **5. Reuben N. Bray**  **Seeks Exemption From The Requirement Of Section 91.405(a).**  Section 91.405, entitled Maintenance required, subsection (a), states the following: Each owner or operator of an aircraft

— (a) 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[.]10 **6. Reuben N. Bray**  **Seeks Exemption From The Requirements Of**  **Section 91.407(a)(1)**  Section 91.407, entitled Operation after maintenance, preventive maintenance, rebuilding, or alteration , subsection (a)(1), states the following: (a) No person may

operate any

aircraft that has undergone maintenance, preventive maintenance, rebuilding, or alteration unless

-- (1) It has been approved for return to service b y a person authorized under § 43.7 of this chapter[.] **7. Reuben N. Bray**  **Seeks Exemption From The Requirements Of Sections 91.409(a)(1) And 91.409(a)(2).**  Section 91.409, entitled Inspections , subsection (a), states the following: (a) Except as provided in paragraph (c) of this section, no person may operate an aircraft unless, within the preceding 12 calendar months, it has had

-- (1) An annual inspection in accordance with part 43 of this chapter and has been approved for return to service b y a person authorized by § 43.7 of this chapter ; or (2) An inspection for the issuance of an airworthiness certificate in accordance with part 21 of this chapter. **8. Reuben N. Bray**  **Seeks Exemption From The Requirements Of Sections 91.417(a) And 91.417(b).**  Section 91.417, entitled Maintenance records , subsections (a) and (b), state the following: (a) Except for work performed in accordance with §§ 91.411 and 91.413, each registered owner or operator shall keep the following records for the periods specified in paragraph (b) of this section: (1) Reco rds of the maintenance, preventive maintenance, and alteration and records of the 100

- hour, annual, progressive, and other required or approved inspections, as appropriate, for each aircraft (including the airframe) and each engine, propeller, rotor, and a ppliance of an aircraft. The records must include

-- (i) A description (or reference to data acceptable to the Administrator) of the work performed; and11 (ii) The date of completion of the work performed; and (iii) The signature, and certificate number of the person approving the aircraft for return to service. (2) Records containing the following information: (i) The total time in service of the airframe, each engine, each propeller, and each rotor. (ii) The current status of life

- limited parts of each airframe, engine, propeller, rotor, and appliance. (iii) The time since last overhaul of all items installed on the aircraft which are required to be overhauled on a specified time basis. (iv) The cur

rent inspection status of the aircraft, including the time since the last inspection required by the inspection program under which the aircraft and its appliances are maintained. (v) The current status of applicable airworthiness directives (AD) and safe ty directives including, for each, the method of compliance, the AD or safety directive number and revision date. If the AD or safety directive involves recurring action, the time and date when the next action is required. (vi) Copies of the forms prescribed b y § 43.9(d) of this chapter for each major alteration to the airframe and currentl y installed engines, rotors, propellers, and appliances. (b) The owner or operator shall retain the following records for the periods prescribed: (1) The records speci fied in paragraph (a)(1) of this section shall be retained until the work is repeated or superseded b y other work or for 1 ye ar after the work is performed. (2) The records specified in paragraph (a)(2) of this section shall be retained and transferred wi th the aircraft at the time the aircraft is sold. (3) A list of defects furnished to a registered owner or operator under § 43.11 of this chapter shall be retained until the defects are repaired and the aircraft is approved for return to service. **C. The Extent Of Relief**  **Reuben N. Bray Seeks And The Reason**  **Reuben N. Bray Seeks The Relief.** 12 **1. Extent Of Relief Reuben N. Bray**  **Seeks And The Reason Reuben N. Bray**  **Seeks Relief From Section 61.113(a) And (b).** Relief from Section 61.113(a) and (b) entitled Private pilot privileges and limitations: Pilot in command, is requested to the extent necessary to allow a PI C holding a private pilot or higher level certificate, as well as a current and valid airman medical certificate, and who has met certain flight

- h our and currency requirements, to conduct the proposed UAS flight operations for compensation or hire. This relief is requested since the limitations set forth in Section 61.113(a) and (b) state that a private pilot may , for compensation or hire, act as P IC of an aircraft in connection with an y business or emplo ym ent if: (1) The flight is only incidental to that business or employ

ment; and (2) The aircraft does not carry passengers or propert y for compensation or hire. As set forth more full y below, Reube n N. Bray submits that an equivalent level of safety will be maintained because no PIC will be allowed to operate the TBS Discovery Pro and Tarot FY 680 UAS unless that PI C has met certain flight

- hour and currency requirements, demonstrating that the PIC i s able to safel y operate either the TBS Discovery

Pro and Tarot FY 680 in a manner consistent with the operations specifications as described in this exemption, including evasive and emergency maneuvers, as well as maintaining appropriate distances from pe ople, vessels, vehicles and structures. Further, Reuben N. Bray submits that all flights of the TBS Discovery Pro and Tarot FY 680 UAS, conducted by the PI C pursuant to the grant of this Petition: (1) will be incidental to Reuben N. Bray ’s business; and (2) will not carry passengers or property for compensation or hire. **2. Extent Of Relief**  **Reuben N. Bray Seeks And The Reason**  **Reuben N. Bray Seeks Relief**  **From Section 91.7(a).**13 Relief from Section 91.7(a) entitled Civil aircraft airworthiness , is requested to the extent required to allow Reuben N. Bray to determine that the TBS Discovery Pro and Tarot FY 680 UAS is in airworth y condition prior to every flight b y ensuring that the UAS is in compliance with the operating documents (i.e., the Reuben N. Bray Aerial Operations Manual, Monthly

Maintenance Log, and Instruction Manual). Reuben N. Bray seeks the requested relief because the TBS Discovery Pro and Tarot FY 680 UAS do not require an airworthiness certificate in accordance with 14 C.F.R. Part 21, Subpart H. Therefore, Reuben N. Bray will ensure that the TBS Discovery Pro and Tarot FY 680 UAS are in airworth y condition based upon its compliance with the operating documents (i.e ., Monthly Maintenance Log, and Instruction Manual) prior to
eve ry flight, and further, determine that the aircraft are in condition for safe flight, as stated in the conditions and limitations below. **3. Extent Of Relief**  **Reuben N. Bray Seeks And The Reason**  **Reuben N. Bray Seeks Relief From Section 91.121.**  Relief from Section 91.121, entitled Altimeter settings , may be required to allow flight operations of the TBS Discovery Pro and Tarot FY 680 UAS , which utilize a barometric pressure sensor, GPS equipment, and a radio communications telemetry data link to downlink altitude information from the UA to the PI C at the ground control station (GCS). Since the FAA requires that an y altitude information concerning UAS operations be reported to air traffic control (ATC) in feet above ground level (AGL), Reuben N. Bray seeks the requested relief because the TBS Discovery Pro and Tarot FY 680 UAS altimeter may be set on the ground to zero feet AGL, rather than the local barometric pressure or field altitude, before each flight. Considering the limited altitude of the proposed operations, relief from 14 CFR 91.121 is sought to the extent necessary to comply

with the applicable conditions and14

limitations stated below. As more full y set forth herein, an equivalent level of safety will be maintained since the TBS Discovery Pro and Tarot FY 680 UAS is equipped with a barometric pressure sensor and GPS equipment, which automaticall y ensures that a ground level pressure setting will be established prior to each flight, and provides the PI C with altitude information of the UA o n the heads

- up display of the GCS. **4. Extent Of Relief Reuben N. Bray**  **Seeks And The Reason Reuben N. Bray**  **Seeks Relief From Section 91.151(b).** Relief from Section 91.151(b) entitled Fuel requirements for flight in VFR conditions , is requested to the ext ent required to allow flights of the battery powered TBS Discovery

Pro and Tarot FY 680 UAS during daylight hours in visual meteorological conditions (VMC), under visual flight rules (VFR), for a total duration of 10 minutes to the first point of intended landing and, assuming normal cruising speed, to fl y after that for at least 5 minutes. Reuben N. Bray seeks the requested relief because without an exemption from Section 91.151(b), the flight time duration of the battery powered TBS Discovery Pro and Tarot FY 680 UAS will severel y constrain the practicality of any aerial video or still photo flight operations that Reuben N. Bray proposes to conduct pursuant to this Petition. Significantl y, as set forth below, the technical specif ications of the TBS Discovery Pro and Tarot FY 680 UAS , operating documents, and Reuben N. Bray proposed operating limitations, ensure that Reuben N. Bray will safely operate the battery

powered TBS Discovery

Pro and Tarot FY 680 UAS during daylight hours in visual meteorological conditions (VMC), under visual flight rules (VFR), with enough battery power to fl y for a total duration of 10 minutes to the first point of intended landing and, assuming normal cruising speed, t o fl y after that for at least 5 minutes. **5. Extent Of Relief Reuben N. Bray**  **Seeks And The Reason Reuben N. Bray**  **Seeks Relief From Sections 91.405(a), 91.407(a)(1), 91.409(a)(1) & (a)(2), And 91.417(a) & (b).** 15 Since Sections 91.405(a), 91.407(a)(1), 91.409(a)(1) & (a)(2), and 91.417(a) & (b ) only appl y to aircraft with an airworthiness certificate, Reuben N. Bray requests relief from these Sections because the TBS Discovery Pro and Tarot FY 680 UAS do not require airworthiness certificates. As set forth more full y below, the TBS Discovery Pro and Tarot FY 680 UAS meet the conditions of FMRA Section 333 for operation without an airworthiness certificate. Accordingl y, Reuben N. Bray will use trained technicians to perform maintenance, alterations, or preventive maintenance on the UASs using the methods, techniques, and practices prescribed in the UAS operating documents (i.e., the Reuben N. Bray Aerial Operations Manua l, Monthly Maintenance Log, and In struction Manual). Furthermore, Reuben N. Bray will document and maintain all maintenance records for the TBS Discovery Pro and Tarot FY 680 UAS

.16

**D. The Reasons Why Granting Reuben N. Bray**  **Request Would Be In The Public Interest; That Is, How It Would Benefit The Public As A Whole.**  Granting the present Petition will further the public interest b y allowing Reuben N. Bray to safel y, efficientl y, and economically perform aerial video and photography of construction sites, real estate, and landscape over certain areas of the United States. Additiona lly , use of the TBS Discovery Pro and Tarot FY 680 UAS will decrease congestion of the NAS, reduce pollution, and provide significant benefits to the economy. Notably , the benefits of Reuben N. Bray proposed operation of the TBS Discovery Pro and Tarot FY 680 UAS will be realized without implicating any privacy issues. **1. The Public Will Benefit From Decreased Congestion Of The NAS.** The TBS Discovery

Pro and Tarot FY 680 UAS is battery powered and serve as a safe, efficient, and economical alternative to the manned aircraft traditionally utilized to obtain aerial imagery . By reducing the amount of manned aircraft needed to perform aerial acquisitions, an exemption allowing the use of a TBS Discovery Pro and Tarot FY 680 UAS would reduce the amount of manne d aircraft in the NAS, reduce noise and air pollution, as well as increase the safety of life and property in the air and on the ground.

Furthermore, b y reducing the number of manned aircraft operating in the NAS, congestion around airports caused b y arri ving and departing aircraft will be reduced. The TBS Discovery

Pro and Tarot FY 680 UAS does not require an airport to takeoff or land. Likewise, a reduction of manned aircraft conducting aerial video and photography missions would result in fewer aircraft that must be handled by air traffic control during the ground, takeoff, departure, arrival, and landing phases of flight operations. **2. The Public Will Benefit From The Safety And Efficiency Of The TBS**  **Discovery Pro and Tarot FY 680 UAS .** 17 Conducting aerial acquisitions with the TBS Discovery Pro and Tarot FY 680 UAS , instead of manned aircraft, will greatl y benefit the public by drastically

reducing the levels of air and noise pollution generated during traditional aerial video and still ph otograph y flight operations. By using battery power and electric motors, the TBS Discovery

Pro and Tarot FY 680 UAS produce no air pollution, and is the most viable environmentally

conscious alternative to the cabin class, six cylinder internal combustion engine aircraft that are typically utilized for aerial video and photograph y, while burning approximately

20

- 30 gallons per hour of leaded aviation fuel. TBS Discovery Pro and Tarot FY 680 UAS , while reducing the carbon footprint of aerial acquisitions, al so eliminates noise pollution, as the UA S s are propelled by battery powered electric motors, rather than an internal combustion engine. By using the TBS Discovery Pro and Tarot FY 680 UAS to perform aerial acquisitions, the substantial risk to life and property in the air and on the ground, which is usually associated with traditional manned aircraft flight operations, will be substantially reduced or completel y eliminated. Aside from the lack of flight crew members located onboard the aircraft, the TBS Di scovery Pro and Tarot FY 680 UAS (weighing approximately 5
- 7lbs , at their maximum gross weights with lengths of 20 inches, widths of 20 inches, and with no fuel on board), has less phy sical potential for collateral damage to life and property on the groun d, and in the air, compared to the manned aircraft that ty picall y conduct similar operations (weighing approximately 6,000 pounds with a wingspan of approximately 42 feet, a length of 34 feet, and a fuel capacity of 180 gallons). **3. Performing Aerial Vide o and Photography Operations With The**  **TBS Discovery Pro and Tarot FY 680 UAS**  **Will Benefit The Economy.**  In addition to being safe and efficient, the TBS Discovery Pro and Tarot FY 680 UAS are also an economical alternative to using manned aircraft to conduct similar aerial18

operations. As such, operation of the TBS Discovery Pro and Tarot FY 680 UAS will allow United States based companies, like Reuben N. Bray , to remain competitive and contribute to growth of the U.S. econom y. Specifically, with the rising cost of aviation fuel and the Environmental Protection Agency (“EPA”) regulatory

actions phasing out leaded aviation fuels, U.S. owned and operated companies must adopt new and alternative technology

in order to remain competitive. Operating the battery powered TBS Discovery Pro and Tarot FY 680 UAS is one such technology that not onl y allows companies greater operational flexibility

compared to manned aircraft, but provides such flexibility without the high operational cost of a traditional manned aircraft. By operating the TBS Discovery Pro and Tarot FY 680 UAS , companies such as Reuben N. Bray , can remain competitive and profitable, and therefore, provide greater job stability to employe es and contractors, which will ultimately contribute to growth of the U.S. economy . Improved financial performance of U.S. companies, through commercial use of the TBS Discovery Pro and Tarot FY 680 UAS , provides a stable workforce that increases consumer spending; improves local, state, and federal tax revenues; and allows companies to invest in research and development in order to remain competitive both in the United States and abroad. **4. There Are No Privacy Issues.** Similar to the manned aerial acquis ition flight operations that have been conducted for decades, Reuben N. Bray proposed operation of the TBS Discovery Pro and Tarot FY 680 UAS will not implicate any privacy issues. Specifically , the TBS Discovery Pro and Tarot FY 680 UAS will be operated o nl y in compliance with operating documents (i.e., the Reuben N. Bray ’s Aerial Operations Manual, Monthly Maintenance Log, and Instruction Manual) which requires property owner involvement as well as local law enforcement19

notification, and in accordance with the Federal Aviation Regulations, including the minimum altitude requirements of 14 C.F.R. § 91.119. **E. The Reasons Why Granting The Exemption Would Not Adversely Affect Safety, Or How The Exemption Would Provide A Level Of Safety At Least Equal To That**  **Provided By The Rule From Which Reuben N. Bray**  **Seeks Exemption. 1. Reasons Why The**  **TBS Discovery Pro and Tarot FY 680 UAS Meet The**  **Conditions Of The FAA Modernization and Reform Act of 2012 (FMRA) Section 333.**  In consideration of the size, weight, speed, and limited operating area associated with the unmanned aircraft and its operation, Reuben N. Bray operation of the TBS Discovery

Pro and Tarot FY 680 UAS meet the conditions of FMRA Section 333, and will not re quire an airworthiness certificate in accordance with 14 C.F.R. Part 21, Subpart H. Section 333 provides authority for a UAS to operate without airworthiness certification and sets forth requirements for considering whether a UAS will create a hazard to u sers of the NAS or the public, or otherwise pose a threat to national security. Specificall y, FMRA Section 333 states the following, in part: (a ) In General.

--Notwithstanding any other requirement of this subtitle, and not later than 180 days after the da te of enactment of this Act, the Secretary of Transportation shall determine if certain unmanned aircraft systems may operate safely in the national airspace system before completion of the plan and rulemaking required by section 332 of this Act or the guidance required by section 334 of this Act. (b ) Assessment of Unmanned Aircraft Systems.

--In making the determination under subsection (a), the Secretary shall determine, at a minimum

-- (1 ) which types of unmanned aircraft systems, if any, as a result of their size, weight, speed, operational capability, proximity to airports and populated areas, and operation within visual line of sight do not create a hazard to users of the national airspace system or the public or pose a threat to national security; and (2 ) whether a certificate of waiver, certificate of authorization, or airworthiness certification under section 44704 of title 49, United States Code, is required for the operation of unmanned aircraft systems identified under paragraph (1).20 (c) Requirements for Safe Operation.

--If the Secretary determines under this section that certain unmanned aircraft systems may operate safely in the national airspace system, the Secretary shall establish requirements for the safe operation of such aircra

ft systems in the national airspace system. In seeking this exemption, Reuben N. Bray submits that the TBS Discovery Pro and Tarot FY 680 UAS can operate safely in the NAS pursuant to FMRA Section 333, as demonstrated b y: (a) the characteristics of the D JIPhantom 3 Professional and DJIInspire 1 UASs; (b) the pilot certification requirement; and (c) the specific operating limitations.

**a. The Specifications Of The TBS Discovery Pro and Tarot FY 680 UAS**  **Demonstrate Its Safe Characteristics.** The TBS Disco very

Pro and Tarot FY 680 UAS do not create a hazard to users of the NAS or the public, or otherwise pose a threat to national security considering its size, weight, speed, and operational capability

.

**i. Technical Specifications Of The TBS Discovery Pro a**  **nd Tarot FY 680 UAS**  **.** The technical specifications of the TBS Discovery Pro and Tarot FY 680 UAS are set forth b y the TBS Discovery Pro and Tarot FY 680 UAS Specifications and Data Sheet, attached hereto as Exhibit A.

**ii. The TBS Discovery Pro and Tarot**  **FY 680 UAS Autonomous Flight**  **And Navigation Modes Enable The UASs To Remain Within A Defined Operational Area.**  The TBS Discovery

Pro and Tarot FY 680 UAS may be operated in both manual and fully autonomous flight modes. A complete description of the flight and navigational modes of the TBS Discovery Pro and Tarot FY 680 UAS is provided in the User Manuals

. **iii. The TBS Discovery Pro and Tarot FY 680 UAS**  **Is Designed For**  **Automatic Return To Home Point Or Hover In The Event Of Loss Of The Control Link Or Navigation.**  When the Control L ink is lost, the TBS Discovery Pro and Tarot FY 680 UAS will remain stationary , in flight, for 3 seconds or more. If, after 3 s econds, the TBS Discovery21

Pro and Tarot FY 680 UAS do not reacquire control link data from the GCS, the UA S s will assume that the Control L ink is lost and the UA S s will return to the home position (i.e., RTL failsafe mode) via GPS, and will descend to the takeoff position and shutdown. A complete description of the Failsafe Functions of the TBS Discovery Pro and Tarot FY 680 UAS are s et forth in the TBS Discovery Pro and Tarot FY 680 UAS User Manuals, **iv. TBS Discovery Pro and Tarot FY 680 UAS**  **GCS And Its Operation.**  A complete description of the operation and specifications of the TBS Discovery Pro and Tarot FY 680 UAS GCS and flight control software is provided in the User Manual

. **b. Flight Operations Of TBS Discovery Pro and Tarot FY 680 UAS**  **Are**

**L imited To The Line Of Sight Of the**  **Pilot in Command With A Safety Observer.**  Reuben N. Bray will utilize, a safety observer , at all times, during the entire duration of the flight. Restricting the flight to line of sight at all times. **c. Flights Of TBS**  **Discovery Pro and Tarot FY 680 UAS Will Be Conducted**  **Pursuant To Specific Operating Limitations.** In seeking this exemption, Reuben N. Bray proposes to commerciall y operate TBS Discovery

Pro and Tarot FY 680 UAS for the special purpose of conducting aerial video and photograph y over certain areas of United States, pursuant to the following specific operating limitations: 1. Operations authorized by this grant of exemption will be limited to the following aircraft described in the operating documents, rotorcraft UASs weighing less than 55 pounds maximum gross weight: TBS Discovery Pro and Tarot FY 680 UAS . Proposed operatio ns of an y other aircraft will require a new petition or a petition to amend this grant. 2. UAS operations under this exemption will be limited to conducting operations for the purpose of aerial video and photography. 3. The UA S s may

not be flown at an indicated airspeed exceeding 100 mph

.22 4. The UA S must be operated at an altitude of no more than 4 00 feet above ground level (AGL), as indicated by the procedures specified in the operating documents unless a special request is made and approved b y ATC. All altitudes reported to ATC must be in feet AGL. 5. The UA S s must be operated within visual line of sight (VLOS) of the PIC , and the VSO at all times. This requires the PIC to be able to use human vision unaided b y an y device other than corrective lenses, as specified on the PIC’s FAA

- issued airman medical certificate.
6 . All operations must utili ze a safety observer (SO). The SO may be used to satisfy the VLOS requirement as long as the PIC alway s maintains VL OS capability

. The SO and PI C must be able to communicate verbally at all times. Electronic messaging or texting is not permitted during fli ght operations. The PIC must be designated before the flight and cannot transfer his or her designation for the duration of the flight. The PI C must ensure that the SO can perform the functions prescribed in the operating documents. 7 . The SO must not pe rform any other duties beyond assisting the PI C with seeing and avoiding other air traffic and other ground based obstacles/obstructions and is not permitted to operate the camera or other instruments. 8 . The operating documents and the grant of exemptio n must be accessible during UAS operations and made available to the Administrator upon request. If a discrepancy

exists between the conditions and limitations contained in the grant of exemption and the procedures outlined in the operating documents, the conditions and limitations contained in the grant of exemption take precedence and must be followed. Otherwise, the operator must follow the procedures as outlined in its operating documents. The operator may update or revise its operating documents. It is the operator’s responsibility to track such revisions and present updated and revised documents to the Administrator upon request. The operator must also present updated and revised documents if it petitions for extension or amendment to the grant of exemption. If the operator determines that any update or revision would affect the basis upon which the FAA granted the exemption, then the operator must petition for amendment to its grant of exemption. The FAA’s UAS Integration Office (AFS

- 80) may be contact ed if questions arise regarding updates or revisions to the operating documents. 9 . Prior to each flight the PI C must inspect the UAS to ensure that it is in a condition for safe flight. If the inspection reveals a condition that affects the safe operati on of the UAS, the aircraft is prohibited from operating until the necessary maintenance has been performed and the UAS is found to be in a condition for safe flight. The Ground Control Station must be included in the preflight inspection. All maintenance and alterations must be properl y documented in the aircraft records. 10 . Any UAS that has undergone maintenance or alterations that affect the UAS operation or flight characteristics, e.g. replacement of a flight critical23 component, must undergo a functi onal test flight. The PI C who conducts the functional test flight must make an entry in the aircraft records. 11 . The pre

- flight inspection must account for all potential discrepancies, e.g. inoperable components, items, or equipment, not already covered in the relevant sections of the operating documents. 12 . The operator must follow the UAS manufacturer’s aircraft/component, maintenance, overhaul, replacement, inspection, and life limit requirements. 13 . The operator must carry out its maintenance, inspections, and record keeping requirements, in accordance with the operating documents. Maintenance, inspection, alterations, and status of replacement/overhaul component parts must be noted in the aircraft records, including total time in service, description of work accomplished, and the signature of the authorized person returning the UAS to service. 14 . Each UASs operated under this exemption must comply with all manufacturer Safety Bulletins. 15 . The authorized person must make an entry in the aircraft record of the corrective action taken against discrepancies discovered between inspections. 16 . The operator may

not permit any

PIC to o perate unless the PI C meets the operator’s qualification criteria and demonstrates the ability to safel y operate the UAS in a manner consistent with how the UAS will be operated under the exemption, including evasive and emergency maneuvers and maintaining appropriate distances from p ersons, vessels, vehicles and structures. PIC qualification flight hours must be logged in a manner consistent with 14 C.F.R. § 61.51(b). Flights for the purposes of training the operator’s PICs are permitted under the terms of the exemption. However, trai ning operations may onl y be conducted during dedicated training sessions. During training, proficiency , and experience

- building flights, all persons not essential for flight operations are considered nonparticipants, and the PI C must operate the UA with ap propriate distance from nonparticipants in accordance with 14 C.F.R. § 91.119. 17 . UAS operations may

not be conducted during night, as defined in 14 C.F.R. § 1.1. All operations must be conducted under visual meteorological conditions (VMC). If flight at night is required, a special request will be made at the FAA office closest to proposed area of operations. Flights under special visual flight rules (SVFR) are not authorized. 18 . T he UAS may

not operate within 5 miles of an airport reference point as denoted on a current FAA

- published aeronautical chart unless a letter of agreement with that airport’s management is obtained, and the operation is conducted in accordance with a NOTAM as required by the operator’s COA. The letter of agreement with the air port management must be made available to the Administrator upon request.24 19 . The UA S may

not be operated less than 500 feet below or less than 2,000 feet horizontally

from a cloud or when visibility is less than 3 statute miles from the PI C. 20 . If the UA S loses communications or loses its GPS signal, it must return to a pre - determined location within the planned operating area and land or be recovered in accordance with the operating documents. 21 . The PI C must abort the flight in the event of unpredicted obstacles or emergencies in accordance with the operating documents. 22 . The PI C is prohibited from beginning a flight unless (considering wind and forecast weather conditions) there is enough power to fly at normal cruising speed to the intend ed landing point and land the UA S with 25% battery power remaining. 23 . The documents required fewer than 14 C.F.R. 91.9 and 91.203 must be available to the PIC at the Ground Control Station of the UAS any time the UAS is operating. These documents must be made available to the Administrator or an y law enforcement official u pon request. 24 . The UA S must remain clear and yield the right of way to all manned aviation operations and activities at all times. 25 . Flight operati ons must be conducted at least 1 00 feet from all nonparticipating persons (persons other than the PI C , V SO, operator trainees or essential persons), vessels, vehicles, and structures unless: a. Barriers or structures are present that sufficiently protect nonparticipating persons from the UA S and/or debris in the event of an accident. The operator must e nsure that nonparticipating persons remain under such protection. If a situation arises where nonparticipating persons leave such protection and are within 1 00 feet of the UA S , flight operations must cease immediately

and/or; b. The aircraft is operated near vessels, vehicles or structures where the owner/controller of such vessels, vehicles or structures has granted permission and the PI C has made a safet y assessment of the risk of operating closer to those objects and determined that it does not present an undue hazard, and; c. Operations nearer to the PI C, V SO, operator trainees or essential persons do not present an undue hazard to those persons per § 91.119(a). 26 . All operations shall be conducted over private or controlled

- access property with p ermission from the land owner/controller or authorized representative. Permission from land owner/controller or authorized representative will be obtained for each flight to be conducted via written or oral authorization.25 **2. Reasons Why An Exemption From The Requirements Of Section 61.113(a)**  **And (b) Would Not Adversely Affect Safety.** Reuben N. Bray submits that the equivalent level of safety established by Section 61.113(a) and (b) will be maintained because no PIC will be allowed to operate the TBS Discovery

Pro and Tarot FY 680 UAS unless that PI C has demonstrated, by meeting minimum flight

- hour and currency requirements, that the PI C is able to safely operate the TBS Discovery

Pro and Tarot FY 680 UAS in a manner consistent with the exemption, including evasive and emergency maneuvers and maintaining appropriate distances from people, vessels, vehicles and structures. Considering Reuben N. Bray ’s proposed area of operations, and the operating limitations set forth

- above; the parallel nature of private pilot aeronautical knowledge requirements to those of commercial pilot requirements ( See Exemption No. 11062); and the airmanship skills necessary to safel y operate the TBS Discovery Pro and Tarot FY 680 UAS , Reuben N. Bray submits that the additio nal manned airmanship experience of a commerciall y certificated pilot would not correlate to the airmanship skills necessary for Reuben N. Bray specific proposed flight operations. The FAA has previously

granted relief from Section 61.113(a) and (b) speci fic to UAS, in circumstances similar, in all material respects, to those presented herein (e.g. Exemption Nos. 11062, 11063, 11064, 11065, 11066, 11067, 11080, 11109, 11110, 11112, 11136, 11138, 11150, 11153, 11156, 11158, 11159, 11160, 11161). Reuben N. Bray will not allow any PI C to operate the TBS Discovery Pro and Tarot FY 680 UAS unless that PI C has demonstrated, by meeting minimum flight

- hour requirements or the TBS Discovery Pro and Tarot FY 680 UAS training and currency requirements, that the PIC i s able to safel y operate the TBS Discovery Pro and Tarot FY 680 UAS in a manner consistent with this exemption, including evasive and emergency26

maneuvers and maintaining appropriate distances from people, vessels, vehicles and structures. Specificall y, th e PI C must have accumulated and logged, in a manner consistent with 14 C.F.R. § 61.51(b), 25 hours of total time as a UAS multi rotor craft pilot (with a minimum of 5 hours of those hours as a UAS pilot operating the same make and model of UAS to be used fo r operations under the exemption). In addition to the hour requirements, the PI C must accomplish 3 takeoffs and landings in the preceding 90 day s (for currency purposes). As in Exemption Nos. 11062, 11138, and 11153, prior documented flight experience that was obtained in compliance with applicable regulations will ensure an equivalent level of safety during Reuben N. Bray ’s proposed operations. The Administrator has held that prior documented flight experience that was obtained in compliance with applicab le regulations would ensure safe operations, stating as follows: In Exemption No. 11062, the FAA required that prior to conducting operations for the purpose of motion picture filming (or similar operations), the PIC must have accumulated and logged, in a manner consistent with 14 CFR 61.51(b), 25 hours of total time as a UAS rotorcraft pilot including at least 10 hours logged as a UAS pilot with a multi

- rotor UAS. Prior to operations under Exemption No. 11062, the PI C must also have accumulated and logged a minimum of 5 hours as a UAS pilot operating the same make and model of UAS to be used for operations under the exemption. For clarification, the FAA considers these minimum hour requirements to be inclusive rather than additive; i.e. 5 hours make and mo del time may be included in the 10 hours of multi

- rotor time and the 10 hours may be included in the total 25 hours of UAS rotorcraft time. In addition to the hour requirements, the PI C must accomplish 3 takeoffs and landings in the preceding 90 day s (for currency purposes). The FAA finds that at a minimum, the flight

- hour requirements in Exemption No. 11062 are appropriate to practice and build proficiency in the skills necessary

to safely conduct the petitioner’s proposed operations. The FAA also finds th at prior documented flight experience that was obtained in compliance with applicable regulations would satisfy this requirement. Training, proficiency , and experience

- building flights can also be conducted under the grant of exemption to accomplish the re quired flight time. During training, proficiency , and experience

- building flights the PI C is required to operate the UA with appropriate distances in accordance with 14 C.F.R 91.119. Exemption No. 11138 at page 15.27 Accordingl y, Reuben N. Bray will ensur e safe operations by not allowing any

PIC to operate the TBS Discovery Pro and Tarot FY 680 UAS unless that PI C has demonstrated, b y meeting minimum flight

- hour and currency requirements, that the PI C is able to safel y operate the TBS Discovery Pro and Tarot FY 680 UAS in a manner consistent with the exemption, including evasive and emergency maneuvers and maintaining appropriate distances from people, vessels, vehicles and structures. **3. Reasons Why An Exemption From The Requirements Of Section 91.7(a) Wo**  **uld Not Adversely Affect Safety.** The equivalent level of safety established b y Section 91.7(a) will be maintained because prior to every

flight, Reuben N. Bray will ensure that the TBS Discovery Pro and Tarot FY 680 UAS is in an airworth y condition based upon the UAS’s compliance with its operating documents and as stated in the conditions and limitations herein. Additionally , the FAA has previously granted relief from Section 91.7(a) specific to UAS, in circumstances similar, in all material respects, t o those presented herein (e.g. Exemption Nos. 11062, 11063, 11064, 11065, 11066, 11067, 11080, 11109, 11110, 11112, 11136, 11138, 11150, 11153, 11156, 11157, 11158, 11159, 11160, 11161). **4. Reasons Why An Exemption From The Requirements Of Section 91.121 Would Not Adversely Affect Safety.**  The equivalent level of safety established b y Section 91.121 will be maintained because the altitude information of the TBS Discovery Pro and Tarot FY 680 UAS will be provided to the PI C via GPS equipment and a radio communications telemetry data link, which downlinks from the UA S to the GCS for active monitoring of the flight path and altitude. This altitude information, combined with Reuben N. Bray ’s operation of the TBS Discovery

Pro and Tarot FY 680 UAS within vis u al line of sight, at or below 4 00 feet AGL, will ensure a level of safety equivalent to Section 91.121. The altitude information28

will be generated b y GPS equipment installed onboard the aircraft. Prior to each flight, a zero altitude initiation point is automatically established by

the UASs at ground level. The FAA has previously

granted relief from Section 91.121 specific to UAS, in circumstances similar, in all material respects, to those presented herein (e.g. Exemption Nos. 11062, 11063, 11064, 11065, 11066, 11067, 11080, 11109, 11112, 11136, 11138, 11150, 11153, 11156, 11157, 11158, 11159, 11160, 11161). **5. Reasons Why An Exemption From The Requirements Of Section 91.151(b) Would Not Adversely Affect Safety.**  A grant of this exemption would ensure an equivalent level of safety established by 14 C.F.R. Section 91.151(b) as a result of (1) the technical specifications of the TBS Discovery

Pro and Tarot FY 680 UAS ; (2) the limitations on the proposed flight operations; and (3) the location of the propose d flight operat ions. Accordingl y, Reuben N. Bray will ensure that it will safely operate the battery

powered TBS Discovery Pro and Tarot FY 680 UAS during daylight hours in VFR conditions, with enough battery power to fly for a total duration of 10 minutes to the first point of intended landing and, assuming normal cruising speed, t o fly after that for at least 5 minutes. Here, as in Exemption No. 11109, the technical specifications of the TBS Discovery

Pro and Tarot FY 680 UAS ; the limitations on the prop osed flight operations; and the location of the proposed operations, will ensure an equivalent level of safety established by

14 C.F.R. Section 91.151(b). Furthermore, safety will be ensured as the TBS Discovery

Pro and Tarot FY 680 UAS provide audible and visual warnings to the PI C at the GCS when the UA S s experiences low battery voltage, the first warning occurring at approximately

33% remaining battery

power, and again at approximately 10% remaining battery power. At the critically

low battery

level, the TBS Discovery Pro and Tarot FY 680 UAS will descend and land automatically with sufficient battery power to land safel y .29 Significantl y, previous exemptions granted b y the FAA concerning Section 91.151 establish that safety is not adversel y affected when the technical characteristics and operating limitations of the UAS are considered. Relief has been granted for manned aircraft to operate at less than the minimums prescribed in Section 91.151, including Exemption Nos. 2689, 5745, and 10650. Moreover, the FAA has previously granted relief from Section 91.151 specific to UAS, in circumstances similar, in all material respects, to those presented herein (e.g. Exemption Nos. 8811, 10808, 10673, 11042, 11062, 11063, 11064, 11065, 11066, 11067, 11080, 11109, 111 10, 11136, 11138, 11150, 11153, 11156, 11157, 11158, 11159, 11160, 11161). **6. Reasons Why An Exemption From The Requirements Of Sections 91.405(a), 91.407(a)(1), 91.409(a)(1) & (a)(2), And 91.417(a) & (b) Would**  **Not Adversely Affect Safety.** In seeking th is exemption, Reuben N. Bray submits that the equivalent level of safety with regard to the regulatory maintenance and alteration requirements established by Sections 91.405(a), 91.407(a)(1), 91.409(a)(1) & (a)(2), and 91.417(a) & (b) will be met because R euben N. Bray will use trained technicians to perform maintenance, alterations, or preventive maintenance on the UASs using the methods, techniques, and practices prescribed in the operating documents (i.e., the Reuben N. Bray Aerial Operations Manual, Monthly Maintenance Log, and TBS Discovery Pro and Tarot FY 680 UAS In struction Manual). Furthermore, Reuben N. Bray will document and maintain all maintenance records for the TBS Discovery Pro and Tarot FY 680 UAS

. Since the TBS Discovery Pro and Tarot FY 6 80 UAS will be inspected as prescribed b y the operating documents, Reuben N. Bray will maintain the equivalent level of safety established by Sections 91.405(a), 91.409(a)(1), and 91.409(a)(2). Likewise, the exemption sought will not adversel y affect safe ty because Reuben N. Bray will use trained technicians to perform maintenance, alterations or preventive30

maintenance on the UAS using the methods, techniques, and practices prescribed by the operating documents. Furthermore, the exemption sought would mai ntain an equivalent level of safet y established by

Sections 91.407, 91.417(a) and 91.417(b), because all maintenance of the TBS Discovery

Pro and Tarot FY 680 UAS will be performed b y trained technicians. Maintenance will be documented and maintained utili zing the monthly maintenance log. Significantl y, previous exemptions granted b y the FAA concerning Sections 91.405(a), 91.407(a)(1), 91.409(a)(1) & (a)(2), and 91.417(a) & (b) establish that safety is not adversel y affected when the technical characteristics and operating limitations of the UAS are considered. In consideration of Reuben N. Bray proposed operating limitations, the operating documents, and the technical aspects of the TBS Discovery Pro and Tarot FY 680 UAS , Reuben N. Bray submits that safety will not be adversel y affected b y granting exemption from 14 C.F.R. Sections 91.405(a), 91.407(a)(1) and (a)(2), 91.409(a)(2), and 91.417(a) and (b). The FAA has previously granted relief specific to UAS in circumstances similar, in al l material respects, to those presented herein (e.g. Exemption Nos. 11062, 11063, 11064, 11065, 11066, 11067, 11080, 11109, 11110, 11112, 11136, 11138, 11150, 11153, 11156, 11157, 11158, 11159, 11160, 11161). **7. The FAA May Prescribe Any Other Conditions For Safe Operation.**  In accordance with Section 333 of the FAA Modernization and Reform Act of 2012 (FMRA) and 14 C.F.R. § 21.16 entitled Special Conditions , Reuben N. Bray requests that the FAA prescribe special conditions for the intended operation of th e TBS Discovery Pro and Tarot FY 680 UAS , which contain such safety standards that the Administrator finds necessary to establish a level of safet y equivalent to that established by 14 C.F.R. Part 21,31

Subpart H, and 14 C.F.R §§ 61.113(a) & (b), 91.7 (a), 9 1.121, 91.151(b), 91.405(a), 91.407(a)(1), 91.409(a)(1) & (a)(2), and 91.417(a) & (b). Such special conditions will permit safe operation of the UA S s for the limited purpose of conducting aerial video and photograph y over certain areas of the United States for compensation or hire. FMRA Section 333 sets forth the requirements for considering whether a UAS will create a hazard to users of the NAS or the public, or otherwise pose a threat to national security ; and further, provides the authority for such UAS to operate without airworthiness certification in accordance with an y requirements that must be established for the safe operation of the UAS in the NAS. Likewise, the Administrator may prescribe special conditions pursuant to 14 C.F.R. § 21.16, for operation of the TBS Discovery Pro and Tarot FY 680 UAS , since the airworthiness regulations of 14 C.F.R. Part 21 do not contain adequate or appropriate safety standards, due to the novel or unusual design features of the aircraft. Section 21.16, entitled Speci al Conditions , states the following: If the FAA finds that the airworthiness regulations of this subchapter do not contain adequate or appropriate safety standards for an aircraft, aircraft engine, or propeller because of a novel or unusual design feature of the aircraft, aircraft engine or propeller, he prescribes special conditions and amendments thereto for the product. The special conditions are issued in accordance with Part 11 of this chapter and contain such safety

standards for the aircraft, aircra ft engine or propeller as the FAA finds necessary

to establish a level of safety equivalent to that established in the regulations. See 14 C.F.R. § 21.16. Therefore, in accordance with FMRA Section 333 and 14 C.F.R. § 21.16, the FAA may prescribe special conditions for Reuben N. Bray intended operation of the TBS Discovery

Pro and Tarot FY 680 UAS , which contain such safety standards that the Administrator f

inds necessary

to establish a level of safety equivalent to that established b y32

14 C.F.R. Part 21, Subpart H, and 14 C.F.R Sections 61.113(a) & (b), 91.7(a), 91.121, 91.151(b), 91.405(a), 91.407(a)(1), 91.409(a)(1) & (a)(2), and 91.417(a) & (b).33

**F. A Summa**  **ry That Can Be Published In The Federal Register,**  **stating: The Rules From Which**  **Reuben N. Bray Seeks Exemption:**  Reuben N. Bray seeks exemption from the requirements of 14 C.F.R Sections 61.113(a)& (b), 91.7(a), 91.121, 91.151(b), 91.405(a), 91.407(a)(1), 91.409(a)(1) & (a )(2), and 91.417(a) & (b). **A Brief Description Of The Nature Of The Exemption Reuben N. Bray**  **Seeks:** This exemption will permit Reuben N. Bray to commercially operate an Unmanned Aircraft System (UAS) for the purpose of conducting aerial video and photography over certain areas of the United States.34

**G. Any Additional Information, Views, Or Arguments Available To Support**  **Reuben N. Bray**  ’ **s Request.**  This Petition is made pursuant t o the FAA Modernization and Reform Act of 2012 (FMRA) Section 333, which directs the Secretary of Transportation to determine if certain UAS may operate safely

in the NAS. As such, Reuben N. Bray ’s request for exemption may be granted pursuant to the authority of FMRA Section 333 and 14 C.F.R. Part 11, as set forth above. FMRA Section 333 sets forth the requirements for considering whether a UAS will create a hazard to users of the NAS or the public , or otherwise pose a threat to national security; and further, provides the authority for such UAS to operate without airworthiness certification. As discusse d in detail above, Reuben N. Bray will operate the TBS Discovery Pro and Tarot FY 680 UAS safel y in the NAS, without creating a hazard to users of the NAS, or the public, or otherwise pose a threat to national security

.35 **CONCLUSION** As set forth herein, Reuben N. Bray seeks an exemption pursuant to 14 C.F.R. § 11.61 and Section 333 of the FAA Modern ization and Reform Act of 2012 (FMRA), which will permit safe operation of the TBS Discovery Pro and Tarot FY 680 UAS commerciall y, without an airworthiness certificate, for the limited purpose of conducting aerial video and photography over certain areas of the United States. By granting this Petition, the FAA Administrator will be fulfilling the Congressional mandate of the FAA Modernization and Reform Act of 2012, while also advancing the interests of the public, by allowing Reuben N. Bray to safel y, eff iciently , and economically operate the TBS Discovery

Pro and Tarot FY 680 UAS commercially within the NAS. **WHEREFORE** , in accordance with the Federal Aviation Regulations and the FAA Modernization and Reform Act of 2012, Section 333, Reuben N. Bray respect fully requests that the Administrator grant this Petition for an exemption from the requirements of 14 C.F.R Sections 61.113(a) & (b), 91.7(a), 91.121, 91.151(b), 91.405(a), 91.407(a)(1), 91.409(a)(1) & (a)(2), and 91.417(a) & (b), and permit Reuben N. Bray to operate the TBS Discovery

Pro and Tarot FY 680 UAS commercially for the purpose of conducting aerial video and photograph y over certain areas of the United States. Dated: October 10, 2015 Respectfully

submitted, Reuben N. Bray 9112 N E 37 th Ave Vancouver, Washington 98665 (503) 380

- 4616 ReubenNBray @gmail.com36

Appendic es : A

– TBS Discovery

Pro and Tarot FY 680 UAS Specifications Data Sheet B

– Monthly

Maintenance L og37 APPENDIX

– A **TBS Discovery Pro and Tarot FY 680 UAS**  **PROFESSIONAL TECHNICAL SPECIFICATIONS**  Reuben N. Bray

o nl y utilizes safe and reliable UASs equipment

. TBS Discovery Pro and Tarot FY 680 UAS is an industry leader in small UAS production. TBS Discovery Pro and Tarot FY 680 UAS are equip with 3DR APM 2.6 AUTOPILOT, which is ground breaking software enabling the user to set parameters which will not allow flight into controlled airspace. Parameters can also be set to limit flight to no higher than a predetermined and set altitude as well as limit f l ight to a predetermined and set distance. In addition, DJ I software provides real

- time altitude and location information

to the PI C via the linked monitor (smart phone/tablet devices) 1.1 TBS Disco very

Pro UAS 1.1.0 Aircraft 1.1.1 Supported Battery

– 45 00mAH 4S Li thium Po lymer Battery 1.1.2 All Up Weight ( Camera, Battery & Propellers Included)

– 4.5 lbs 1.1.3 Hover Accuracy (Ready to Fly)

– Vertical: 2ft ; Horizontal: 1ft 1.1.4 Asymmetric spider qua dcopter Airframe: Reinforced bla ck fiberglass 1.1.5 Propellers: 10x5

- inch 1.1.6 Gimbal : 2

- axis, roll and tilt 1.2.0 Camera GoPro Hero 4 Black 1.2.1 Resolution

– 3840x2160 1.2.2 HD Video Recording

– 1080p24 1.2.3 Recording Field of View

- 110 0 /85 0 1.3.0 Transmitter 1.3.1 Operating Frequency

– 5.728GHz

– 5.85GHz 1.3.2 Communication Distance (unobstructed)

– FCC Compliance: 800m 1.3.3 Receiver Sensitivity (1%PER)

- - 93dBm 1.3.4 Transmitter Power

– FCC Compliance: 100mW 1.3.4 Working V oltage

– 9. 7V 2 .1 Tarot FY 680 UAS 2 .1.0 Aircraft 2 .1.1 Supported Battery

– 5000mAH 4S Lithium Polymer Battery 2 .1.2 All Up Weight (Camera, Battery & Propellers Included)

– 8 lbs 2 .1.3 Hover Accuracy (Ready to Fly)

– Vertical: 2ft; Horizontal: 1ft 2 .1.4 Symetric Hexacopter Airframe: Reinforced black fiberglass 2 .1.5 Propellers: 12x5

- inch 2 .1.6 Gimbal : 3

- axis, yaw, roll and tilt 2 .2.0 Camera GoPro Hero 4 Black 2 .2.1 Resolution

– 3840x2160 2 .2.2 HD Vi deo Recording

– 1080p2438 1.2.3 Recording Field of View

- 110 0 /85 0 1.3.0 Transmitter 1.3.1 Operating Frequency

– 5.728GHz

– 5.85GHz 1.3.2 Communication Distance (unobstructed)

– FCC Compliance: 800m 1.3.3 Receiver Sensitivity (1%PER)

- - 93dBm 1.3.4 Transmitter Power
– FCC Compliance: 100mW 1.3.4 Working Voltage

– 9.7V39 APPENDIX

– B