22 October 2015

U. S. Department of Transportation

Docket Management System

1200 New Jersey Ave., SE

Washington, DC 20590

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

Aviation Regulations from 14 C.F.R. 45.23(b);14 CFR Part 21;14 CFR 61.113 (a) & (b);

91.7 (a);91.9 (b) (2);91.103(b); 91.109;91.119; 91.121; 91.151(a);91.203(a) & (b);91.405

(a); 91.407(a) (1); 91.409 (a) (2);91.417 (a) & (b).

Dear Sir or Madam:

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

and 14 C.F.R. Part 11, Valentine Brand, operator of Small Unmanned Aircraft Systems (“UAV”)

equipped to conduct aerial photography, videography, photogrammetry, and digital data acquisition,

hereby applies for an exemption from the listed Federal Aviation Regulations (“FARs”) to allow

commercial operation of its UAV, 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 333.1

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

unmanned and relatively inexpensive UAV under controlled conditions in airspace that is 1) limited 2)

predetermined 3) controlled as to access and 4) would provide safety enhancements to the already safe

operations in the aerial photography and survey industry. 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.”

Section 333(c) of the Reform Act.

The name and address of the applicant is:

Valentine Brand

Attention: Robert Valentine

Phone: (303)669­4165

Email: chiefblender@gmail.com

Address: 1840 Gore Drive, Larkspur, Colorado 80118

____________________________________________________________________________

1 The conditions proposed by the applicant are drawn from Order 8900.1 CHG 0, Volume 3, Chapter 8­Issue a Certificate of

Waiver for Motion Picture and Television Filming.
Regulations from which the exemption is requested:

14 CFR Part 21

14 C.F.R. 45.23(b)

14 CFR 61.113 (a) & (b)

14 C.F.R. 91.7 (a)

14 CFR 91.9 (b) (2)

14 C.F.R. 91.103

14 C.F.R. 91.109

14 C.F. R. 91.119

14 C.F.R. 91.121

14 CFR 91.151 (a)

14 CFR 91.203 (a) & (b)

14 CFR 91.405 (a)

14 CFR 407 (a) (1)

14 CFR 409 (a) (2)

14 CFR 417 (a) & (b)

This exemption application is expressly submitted to fulfill Congress’ goal in passing Section

333(a) through (c) of the Reform Act. This law directs the Secretary of Transportation to consider

whether certain unmanned aircraft systems may operate safely in the national airspace system (NAS)

before completion of the rulemaking required under Section 332 of the Reform Act. In making this

determination, the Secretary is required to determine which types of UAV do not create a hazard to users

of the NAS or the public or pose a threat to national security in light of the following:

• The UAV size, weight, speed, and operational capability;

• Operation of the UAV in close proximity to airports and populated areas; and

• Operation of the UAV within visual line of sight of the operator.

Reform Act § 333 (a). Lastly, if the Secretary determines that such vehicles “may operate safely in the

national airspace system, the Secretary shall establish requirements for the safe operation of such aircraft

in the national airspace system.” Id. §333(c) (emphasis added)2.

The Federal Aviation Act expressly grants the FAA the authority to issue exemptions. This statutory

authority by its terms includes exempting civil aircraft, as the term is defined under §40101 of the Act,

that includes UAV, from the requirement that all civil aircraft must have a current airworthiness

certificate.

____________________________________________________________________________

2 Applicant interprets this provision to place the duty on the Administrator to not only process applications for exemptions under

section 333, but for the Administrator to craft conditions for the safe operation of the UAV, if it should be determined that the

conditions set forth herein do not fulfill the statutory requirements for approval.
The Administrator may grant an exemption from a requirement of a regulation prescribed under

subsection (a) or (b) of this section or any sections 44702­44716 of this title if the Administrator finds the

exemption in the public interest. 49 U.S.C. §44701(f) See also 49 USC §44711(a); 49 USC §44704; 14

CFR §91.203 (a) (1).

Valentine Brand UAV are rotorcraft, weighing 55 or fewer lbs. including payload. They operate, under

normal conditions at a speed of no more than 50 knots and have the capability to hover, and move in the

vertical and horizontal plane simultaneously. They will operate only in line of sight and will operate only

within a controlled area. Such operations will insure that the UAV will “not create a hazard to users of the

national airspace system or the public.”4

Given the small size of the UAV involved and the controlled environment within which they will operate,

the applicant falls squarely within that zone of safety (an equivalent level of safety) in which Congress

envisioned that the FAA must, by exemption, allow commercial operations of UAV to commence

immediately. Also due to the size of the UAV and the controlled areas in which the relevant UAV will

operate, approval of the application presents no national security issue. Given the clear direction in

Section 333 of the Reform Act, the authority contained in the Federal Aviation Act, as amended; the

strong equivalent level of safety surrounding the proposed operations, and the significant public benefit,

including enhanced safety, reduction in environmental impacts, including reduced emissions associated

with flying a UAV, the grant of the requested exemptions is in the public interest. Accordingly, the

applicant respectfully requests that the FAA grant the requested exemption without delay.

AIRCRAFT AND EQUIVALENT LEVEL OF SAFETY

The applicant proposes that the exemption requested herein apply to civil aircraft that have the

characteristics and that operate with the limitations listed herein. These limitations provide for at least an

equivalent or even higher level of safety to operations under the current regulatory structure because the

proposed operations represent a safety enhancement.

____________________________________________________________________________

3 Applicant submits this manual as a Confidential document under 14 CFR 11.35 (b) as the entire manual contains proprietary

information that the applicant has not and will not share with others. The manual contains operating conditions and procedures

that are not available to the public and are protected from release under the Freedom of Information Act 5 USC 552 et.seq.

4 Reform Act Section 333 (b).
These limitations and conditions to which Valentine Brand agrees to be bound when conducting

commercial operations under an FAA issued exemption include:

1. The UAV will weigh less than 55 lbs.

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

3. Maximum total flight time for each operational flight will be no more than 30 minutes.

Flights will be terminated at 25% battery power reserve should that occur prior to the 30

minute limit.

4. Flights will be operated at an altitude of no more than 400 feet AGL or, not more than

200 feet above an elevated platform from which photography, videography or data

acquisition is planned.

5. Minimum crew for each operation will consist of the UAV Pilot, the Visual Observer,

and the Camera Operator.

6. UAV pilot will be a certified UAV pilot that has completed a 16 hour ground school,

received 10 hours of simulator training and 24 hours of flight training by a nationally

recognized institution and training facility specifically for UAVs.

7. The UAV will only operate within a controlled area, The establishment of a safety

perimeter for the flight operations area will be established before each flight.

8. A briefing will be conducted in regard to the planned UAV operations prior to each day’s

activities. It will be mandatory that all personnel who will be performing duties within the

boundaries of the safety perimeter be present for this briefing.

9. The operator will obtain the consent of all persons involved in the activities and ensure

that only consenting persons will be allowed within 100 feet of the flight operation.

10. Observer and pilot will at all times be able to communicate verbally.

11. Written and/or oral permission from the relevant property holders will be obtained.

12. All required permissions and permits will be obtained from territorial, state, county or

city jurisdictions, including local law enforcement, fire, or other appropriate

governmental agencies.

13. If the UAV loses communications or loses its GPS signal, the UAV will have capability

to return to a predetermined location within the Security Perimeter and land.

14. The UAV will have the capability to abort a flight in case of unpredicted obstacles 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

UAV. In all cases, an analysis of these criteria demonstrates that the UAV 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 UAV to be operated hereunder is less than 55 lbs. fully loaded, carries neither a pilot nor passenger,

carries no explosive materials or flammable liquid fuels, and operates exclusively within a secured area as

set out in the Manual. Unlike other civil aircraft, operations under this exemption will be tightly

controlled and monitored by both the operator, pursuant to the Manual’s requirements, and under the

requirements and in compliance with local public safety requirements, to provide security for the area of

operation as is now done with conventional filming. The FAA will have advance notice of all operations.

These safety enhancements, which already apply to civil aircraft operated in connection with motion

picture and television production, 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 UAV, due to its size, speed of operation, location of operation, lack of

explosive materials or flammable liquid fuels, and inability to carry a substantial external load.

14 C.F.R. § 45.23 (b). Marking of the Aircraft

The regulation requires:

When marks include only the Roman capital letter "N" and the registration number is

displayed on limited, restricted or light­sport category aircraft or experimental or

provisionally certificated aircraft, the operator must also display on that aircraft near each

entrance to the cabin, cockpit, or pilot station, in letters not less than 2 inches nor more

than 6 inches high, the words "limited," "restricted," "light­sport," "experimental," or

"provisional," as applicable.

Even though the UAV will have no airworthiness certificate, an exemption may be needed as the UAV

will have no entrance to the cabin, cockpit or pilot station on which the word

“Experimental” can be placed. Given the size of the UAV, two­inch lettering will be impossible.

However, registered N#s associated ICAO codes and serial numbers for the UAVs in use will be carried

with the PIC during all activities. 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 UAV marked on its fuselage as required by

§45.29 (f) where the pilot, observer and others working with the UAV will see the identification of the

UAV as “Experimental.” The FAA has issued the following exemptions to this regulation to Exemptions

Nos. 10700, 8738, 10167 and 10167A.

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

Sections 61.113 (a) & (b) limit private pilots to non­commercial operations. ​Because the UAV will not

carry a pilot or passengers, the proposed operations can achieve the equivalent level of safety of current

operations by requiring the PIC operating the aircraft to have a private pilot’s license rather than a

commercial pilot’s license to operate this small UAV. Unlike a conventional aircraft that carries the
pilot and passengers, the UAV is remotely controlled with no living thing on board. The area of operation

is controlled and restricted, and all flights are planned and coordinated in advance as set forth in the

Manual. The level of safety provided by the requirements included in the Manual exceeds that provided

by a single individual holding a commercial pilot’s certificate operating a conventional aircraft. The risks

associated with the operation of the UAV are so diminished from the level of risk associated with

commercial operations contemplated by Part 61 when drafted, that allowing operations of the UAV as

requested with a private pilot as the PIC exceeds the present level of safety achieved by 14 C.F.R.

§61.113 (a) & (b).

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 and the

requirements contained in the Manual for maintenance and use of safety check lists prior to each flight, as

set forth in Sections I and J, 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 UAV, 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

where the pilot flying the UAV will have immediate access to it. The FAA has issued the following

exemptions to this regulation: Exemption Nos. 8607, 8737, 8738, 9299, 9299A, 9565, 9565B, 10167,

10167A, 10602, 32827, and 10700.

14 C.F.R. § 91.103: Preflight action

This regulation requires each pilot in command to take certain actions before flight to insure the safety of

flight. As FAA approved rotorcraft flight manuals will not be provided for the aircraft an exemption will

be needed. The PIC will take all actions 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.

UAV 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. See Exemption

Nos.5778K & 9862A. 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 UAV that is a helicopter and the exemption requests authority to operate at altitudes up to 400

AGL, or not more than 200 above an elevated platform from which filming is planned, an exemption may

be needed to allow such operations. As set forth herein, except for the limited conditions stated in the

Manual, the UAV will never operate at higher than 400 AGL. It will however be operated in a controlled

area with security perimeter, where buildings and people will not be exposed to operations without their

pre­obtained consent.

The equivalent level of safety will be achieved given the size, weight, speed of the UAV 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 activity, all affected

individuals will be aware of the planned flight operations. Compared to flight operations with aircraft or

rotorcraft weighting far more than the maximum 55lbs. proposed herein and the lack of flammable fuel,

any risk associated with these operations is far less than those presently presented with conventional

aircraft operating at or below 500 AGL in the movie industry. In addition, the low­altitude operations of

the UAV will ensure separation between these small­UAV 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 UAV 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 Manual and Safety Checklist, 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 UAV

provides approximately 40 minutes of powered flight. To meet the 30 minute reserve requirement in 14

CFR §91.151, UAV flights would be limited to approximately 10 minutes in length. Given the limitations

on the UAVs proposed flight area and the location of its proposed operations within a predetermined area,

a longer time frame for flight in daylight conditions is reasonable.

Applicant believes that an exemption from 14 CFR §91.151(a) falls within the scope of prior exemptions.

See Exemption 10673 (allowing Lockheed Martin Corporation to operate without compliance with FAR

91.151 (a)). Operating the small UAV, in a tightly controlled area where only people and property owners

or official representatives who have signed 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 size

and speed of the small UAV. Additionally, limiting UAV 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 power whichever happens first. This restriction would be more than adequate to return the

UAV to its planned landing zone from anywhere in its limited operating area.

Similar exemptions have been granted to other operations, including Exemptions 2689F, 5745, 10673,

and 10808.

14 C.F.R. §91.203 (a) and (b): Carrying Civil Aircraft Certification and Registration

The regulation provides in pertinent part:

(a) Except as provided in § 91.715, no person may operate a civil aircraft unless it has

within it the following:

(1) An appropriate and current airworthiness certificate. . . .

(b) No person may operate a civil aircraft unless the airworthiness certificate required by

paragraph (a) of this section or a special flight authorization issued under §91.715 is

displayed at the cabin or cockpit entrance so that it is legible to passengers or crew.

The UAV fully loaded weighs 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

UAV.

An equivalent level of safety will be achieved by keeping these documents at the ground control point

where the pilot flying the UAV will have immediate access to them, to the extent they are applicable to
the UAV. The FAA has issued numerous exemptions to this regulation. A representative sample of other

exceptions includes Exemption Nos. 9565, 9665, 9789, 9789A, 9797, 9797A, 9816A, and 10700.

14 C.F.R. §91.405 (a); 407 (a) (1); 409 (a) (2); 417(a) & (b): Maintenance Inspections

These regulations require that an aircraft operator or owner “shall have that aircraft inspected as

prescribed in subpart E of this part and shall between required inspections, except as provided in

paragraph (c) of this section, have discrepancies repaired as prescribed in part 43 of this chapter...,” and

others shall inspect or maintain the aircraft in compliance with Part 43.

Given that these section and Part 43 apply only to aircraft with an airworthiness certificate, these sections

will not apply to the applicant. Maintenance will be accomplished by the operator pursuant to the flight

and operating handbook as referenced in the Manual (See Section 8). An equivalent level of safety will be

achieved because these small UAV are very limited in size and will carry a small payload and operate

only in restricted areas for limited periods of time. If mechanical issues arise the UAV can land

immediately and will be operating from no higher than 400 feet AGL. As provided in the Manual, the

operator will ensure that the UAV is in working order prior to initiating flight, perform required

maintenance, and keep a log of any maintenance performed. Moreover, the operator is the person most

familiar with the aircraft and best suited to maintain the aircraft in an airworthy condition to provide the

equivalent level of safety.

*********
Pursuant to 14 C.F.R. Part 11, the following summary is provided for publication in the Federal Register,

should it be determined that publication is needed:

Applicant seeks an exemption from the following rules:

14 C.F.R. §21, subpart H; 14 C.F.R 45.23(b);14 C.F.R. §§ 61.113( a) & (b);91.7 (a); 91.9 (b)

(2);91.103(b);91.109; 91.119; 91.121; 91.151(a);91.203(a) and (b); 91.405 (a); 91.407 (a) (1);

91.409 (a) (2); 91.409 (a) (2) and 91.417 (a) & (b) to operate commercially a small unmanned

vehicle (55lbs or less).

The operation of small UAV, weighing less than 55 lbs., conducted in the strict conditions outlined above,

will provide an equivalent level of safety supporting the grant of the exemptions requested herein,

including exempting the applicant from the requirements of Part 21 and allowing commercial operations.

These lightweight aircraft operate at slow speeds, close to the ground, and in a controlled environment

and, as a result, are far safer than conventional operations conducted with turbine helicopters operating in

close proximity to the ground and people.

Privacy

All flights will occur over private or controlled access property with the property owner’s prior consent

and knowledge. All permissions and or permits will be on location during UAV activities and will ba

available for review at any time.

Satisfaction of the criteria provided in Section 333 of the Reform Act of 2012­­size, weight, speed,

operating capabilities, proximity to airports and populated areas and operation within visual line of sight

and national security – provide more than adequate justification for the grant of the requested exemptions

allowing commercial operation of applicant’s UAV for aerial photography, videography, photogrammetry

and digital data acquisition.

Sincerely,

Robert Valentine

Valentine Brand, Inc.