August 24, 2015

U.S. Department of Transportation Docket Management System 1200 New Jersey Ave., SE Washington, DC 20590

RE: Exemption Request Pursuant to Section 333 of the FAA Modern ization and Reform Act of 2012, 49 U.S.C. § 44701(f), and Par 11 of the Fed eral Aviation Regulations

Dear Sir or Madam:

We represent Brual, LLC and are submitting this Petition for Se ction 333 Exemption on their

behalf Section 333 of the FAA Modern ization and Reform Act of 2 012 (“FMRA”).

Applicant Information:

The name(s) of the applicant: Brual, LLC

The primary contact for this a pplication, which a copy to me at the address above, is:

Hector Brual Brual, LLC 5600 Laguna Cliff Lane Austin, TX 78734

Brual, LLC is a limited liability company formed under the Stat e laws of Texas on or about December 13, 2013, and Hector Brual, Managing Member of Brual, LLC, is doing business under the assumed unincorporated business names of Real Estate Photography and Aero Photography in the County of Tra vis for the State of Texas.

Pursuant to Section 333 of the F MRA, Brual LLC hereby requests a determination by the Secretary of Transportation auth orizing commercial operations o f UAS for the purposes of aerial photography, videography, data col lection augmented real estate listings and other work related to aerial photography in the NAS. Flight operations will utiliz e the off the shelf DJI and 3D

Robotics families of unmanned ai rcraft. Conduct of UA operation s will be with respect to FMRA Section 333(c) and the UAS “Blanket COA”.

Exemption is necessary to effect the determination requested pu rsuant to FMRA Section 333. The attached documentation includes detailed exemption requests that demonstrate how theseAugust 24, 2015 Page 2 of 9

exemptions are in the public interest and will maintain at leas t an equal level of safety to existing regulations. Authorizing Brual LLC to conduct commercial UAS op erations will result in less disruptive, safer, and more cost effective solutions than manne d aviation equivalents due to the low altitude environment, given the size, speed and inherent ri sk of traditional commercial helicopter operations. These comm ercial operations often occur in the unsafe areas of the heightvelocity diagram requiring special precision and skill. Brual L LC will conduct the commercial UAS operation in a manner that will meet, and in many cases exc eed, the current level of safety of commercial helicopter opera tions. UA that are under 10 lbs., have a low noise signature, and carry no volatile fuel, will limit collateral damage in the eve nt of catastrophic failure. The low expense of operation compared to cost prohibitive manned aviati on alternatives allow a greater economic benefit to businesses. For these reasons, granting an exemption under FMRA Section 333(c) is in the public interest. UAS technology used for these commercial purposes benefit the public interest in t he following ways:

 Reduces the collateral damage risks to life and property associ ated with low altitude helicopter operations in undesi rable portions of the height-vel ocity envelope.

 Increased economic wellbeing to local businesses via cost reduc tions.

 Enabling aerial business solutions to be available to a larger market.August 24, 2015 Page 3 of 9



### Table of Contents

I. Exemptions Requested II. Commercial Operation/Operator III. Unmanned Aircraft System (UAS) IV. UAS Pilot-in-Command (PIC)

V. Public Interest VI. Summary

VII. List of Attachments

I. Exemptions Requested

Pursuant to 14 C.F.R. § 11.81(e), Bru al LLC requests exemption from the following regulations:

 14 C.F.R. Part 21 Subpart H – Air worthiness Certificates

o Establishes: The procedural requirements for the issuance of airworthiness certificates as require d by 14 C.F.R. § 91.203(a)(1)

Given the small size of the UA and the safeguards that will be taken as outline below, an exemption from Part 21 Subpart H m eets the requirements of an e quivalent level of safety

under Part 11 and Section 333 of the FMRA with consideration “o f the size, weight, speed, operational capability, and proximity to airports and po pulated areas of the particular UAS.”

 14 C.F.R. § 45.23(b) – Aircraft Marki ng and Identification Requ irements

o When marks include only the Ro man capital letter "N" and the re gistration number is displayed on limited, restricted or light-sport categ ory aircraft or experimental or provisionally cer tificated aircraft, the operat or must also display on that aircraft near each entrance to the cabin, cockpit, or p ilot station, in letters not less than 2 inches nor more than 6 inches high, the words " limited," "restricted," "light-s port, "experimental," or "provisional," a s applicable.

Brual LLC will ensure compliance with § 45.29(f) to meet the in tent of the regulation by displaying the registration numb er in the largest practicable l ettering.

 14 C.F.R. 61.113 (a)(b) and 61.133(a)(1)(ii) and 61.101 – Recr eational, Private and Commercial Pilot Privilege and Limitations

o 14 C.F.R. § 61.113: (a) Except as provided in paragraphs (b) through (g) of this section, no person who holds a pri vate pilot certificate may ac t as pilot in

command of an aircraft that is carrying passengers or property for compensation or hire; nor may that person, for compensation or hire, act as pilot in command ofAugust 24, 2015 Page 4 of 9

an aircraft. (b) A private pilot may, for compensation or hire, act as pilot in

command of an aircraft in connect ion with any business or emplo yment

o 14 C.F.R. § 61.133 : (a) Privileges – (1) General. A person who holds a commercial pilot certificate may act as pilot in command of an aircraft – (ii) For compensation or hire, provided th e person is qualified in accor dance with this part and with the applicable parts of this chapter that apply to the operation.

o 14 C.F.R. § 61.101 : (a) A person who holds a recreational pilot certificate may not act as pilot in command of an aircraft:

 For compensation or hire;

 In furtherance of a business;

UA operations will employ a PIC who holds, at a minimum, a recr eational or sport pilot certificate of any category or cla ss and a valid d river’s licen se.

 14 C.F.R. 91.7(a) – Civil Ai rcraft Airworthiness

o No person may operate a civil air craft unless it is in an airwo rthy condition.

Daily pre and post flight inspections in accordance with manufa ctures maintenance manual(s) and guidance will be conducted. During flight, the PI C will adhere to § 91.7(b) and abort air operations immedia tely upon identification of an in-flight emergency or other unsafe condition. By complying with procedures outlined b y the manufacturer, an equivalent level of safety will be achieved.

 14 C.F.R. 91.9(b) Civil aircraft flight manual, marking, and pl acard requirements

o (b)(2) prohibits operation of U. S.-registered civil aircraft un less there is available in the aircraft a current approved Airplane or Rotorcraft Fligh t Manual, approved manual material, markings, and pl acards, or any combination the reof.

By keeping all operating documents, manuals, authorizations and exemptions in a binder co-located with the GCS, Brual LLC meet the intent of the regul ations and therefore achieve an equivalent level of safety.

 14 C.F.R. 91.109(a) – Flight Instruction

o No person may operate a civil airc raft (except a manned free ba lloon) that is being used for flight instruction unle ss that aircraft has fully func tioning dual controls.

The majority of sUAS by design ar e developed with single operat ional control through the use of pre-determined GPS enabled waypoints programmed befo re or during flight in addition to the use of a single hand held transmitter or contro l station controlled by the PIC. The design does not allow for dual controls during flight training and therefore the exemption is requested to trai n operators, build experience, an d maintain proficiency. An equal level of safety will be achieved by conducting all traini ng in stile environment. Training sessions will be accomp lished separately from flights conducted for compensation or hire.August 24, 2015 Page 5 of 9

 14 C.F.R. 91.119 (c) – Minimum Safe Altitudes

o Except when necessary for takeoff or landing, no person may ope rate an aircraft below the following altitudes: (b) Over any congested area of a city, town, or settlement, or over any open air assembly of persons, an altitu de of 1,000 feet above the highest obstacle with in a horizontal radius of 2,000 feet of the aircraft. (c) Over other than congested areas. An altitude of 500 feet ab ove the surface, except over open water or sparsely populated areas. In those ca ses, the aircraft may not be operated closer than 500 feet to any person, vessel, vehicle, or structure. (d) Helicopters, pow ered parachutes, and weight-shif t-control aircraft. If the operation is conducted without hazard to persons or propert y on the surface— (1) A helicopter may be operated at less than the minimums pres cribed in paragraph (b) or (c) of this section, provided each person oper ating the helicopter complies with any routes or altit udes specifically prescribed f or helicopters by the

FAA.

Commercial UAS operations will be conducted at or below the max imum altitude authorized by COA. Given the si ze, weight and lack of fuel; com bined with operation limitations listed below, the operation will be conducted with a greater level of safety

than exists with current m anned aviation operations.

 14 C.F.R. 91.121 – Altimeter Settings

o Each person operating an aircraft shall maintain the cruising a ltitude or flight level of that aircraft, as the case may be, by reference to an altimeter that is set, when operating... SUAS are equipped with Global Positioning System (GPS), which p rovide altitude and geo-location data to the operator without utilizing an altimete r. Due to this fact, an exemption is required. GPS are precise within a few feet and co mbined with fail-safes and a visual observer the operation will meet an equivalent lev el of safety.

 14 C.F.R. 91.151(a) – Fuel Requireme nts for Flight in VFR Condi tions

o No person may begin a flight in an airplane under VFR condition s unless (considering wind and forecast weather conditions) there is eno ugh fuel to fly to the first point of intended landing and, assuming normal cruisi ng speed— (1) During the day, to fly after t hat for at least 30 minutes;

This regulation is written based on the capabilities of a tradi tional aircraft, which have flight times of several hours or greater; therefore, with the m ajority of sUAS which have flight times of only an hour or less, this regulation would eff ectively deny the ability of the air vehicle to operate.

The PIC will achieve an equivalent level of safety by complying with all manufacturer guidelines and the DJI and 3D Robo tics low batter y failsafe sys tem.August 24, 2015 Page 6 of 9

 14 C.F.R. 91.405(a), 91.407(a)(1), 91.409(a)(2) and 91.417(a) & (b) – Maintenance Inspections

o 91.405(a) States : 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 th is section, have discrepancies repaired as pres cribed in part 43 of this chapter

o 91.407(a)(1) States : (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 by a person authorized unde r § 43.7 of this chapter

o 91.409(a)(2) States: (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—(2) An inspection for the issuance of an airworthiness certificate in accordance with part 21 of this chapter. No inspection performe d under paragraph (b) of this section may be substituted for any inspection requi red by this paragraph unless it is performed by a person authorized to perf orm annual inspections and is entered as an ‘‘annual’’ inspection in the r equired maintenance

records.

o 91.417(a) & (b) States: (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 sect ion: (paragraphs 1 (i – iii), 2 (i – vi)); (b) The owner or operator shall retain the following records for the periods prescribed: (paragraphs 1 – 3)

Pre/Post flight inspections and maintenance will be conducted i n accordance with the manufacturer’s guidance as state d in the operations manual. If maintenance is required, a dedicated test flight will be c onducted to ensure safety before resuming commercial operations. All inspection, maintenance and alterations will be documented and

maintained in a record. These actions will meet the intent of t he regulations from which exemption is being requested and lead to an equivalent level of safety.

II. Commercial Operator/Operation

Any UA flown under this exemption will be controlled by a certi ficated PIC. The PIC will hold, at a minimum, a recreational or sport pilot certificate.

For each flight, Brual LLC:

 Will contact the controlling air traffic organization to issue a NOTAM.

 Will conduct a comprehensive worksite inspection and analysis, identifying limits of customer property or authorized access areas.

 Will conduct preflight planning in accordance with Section 91.1 03 Preflight Action.

 Will operate in those areas only with the consent of the landow ner or designated representative.August 24, 2015 Page 7 of 9

 Will identify potential obstructions or other hazards to safe o peration.

 Will clear the area of personnel or bystanders that are non-ess ential to the operation, maintaining at a minimum, 500 feet away from non-participating persons.

 Will conduct a preflight safety briefing to Visual Observer (VO ) and participating

persons.

 Will at all times yield to manned air traffic.

 Will operate within VLOS of both PIC and VO during daylight hours only.

 Will maintain voice communications with VO and participating pe rsons.

 Will operate under visual flight r ules, in visual meteorologica l conditions, for the airspace in which the flight is conducted.

 Will not exceed the maximum altitude as defined in the COA unde r which flight authorized, as determined by the installed GPS.

 Will keep operating documents, manuals, authorizations and exemptions in a binder colocated with the GCS.

 Will immediately terminate flight, in the safest manner possibl e, when safety to persons or property become compromised.

 Will terminate flight, in the safest manner possible, when unab le to comply with these limitations or any other limitati ons granted as part of this ex emption.

In order to remain at an altitude at or below the attitude pres cribed by the applicable COA, relief is needed from Section 91.119 (c) and (d). By following these o perating standards, the commercial operation will meet an equivalent level of safety to the regulation in which relief is sought.

III. Unmanned Aircraft System

Brual LLC seeks exemption to operate DJI and 3D Robotics UAS. O ther UAS types may be requested in future amendments. T he DJI Phantom 2 and 3D Roboti cs Solo are the primary aircraft in our operation for which we seek exemption The UA wi ll be flown via a combination of RC control and tablet GCS. Both UA types are GPS equipped, multirotor helicopters. Quadcopter type rotorcraft utilizing f our motors. Lithium-polymer b atteries power the UA.

The UA also has several fail-safes for loss of RC signal, loss of GPS, and low battery as outlined in the respective Operation Manuals. The UA display visual and emit an audible low battery alerts at which time the UA will automatically engage the landi ng sequence. Based upon those safeguards, I request exemption from Section 91.151(b) Fuel req uirements for flight in VFR

conditions.

Given the size, weight, speed, and controlled operating area as sociated with the UA to be utilized, an exemption from 14 CFR part 21, Subpart H (Airworth iness Certificates) and § 91.203 (a) and (b) is requested. Exemption is sought from § 45. 23 Marking of the aircraft. The UA will display the registration number in the largest practica ble lettering. Brual LLC seeks to be exempt from § 91.405(a), 91.4 07(a)(1), 91.409(a)(2) and 91.4 17(a) and (b) MaintenanceAugust 24, 2015 Page 8 of 9

inspections will be conducted according to operations manual and prudent ju dgment as previously outlined to determine the integrity and safety of th e UA and associated equipment. Further, relief is required from 91.7(a), which prohibits the o peration of an aircraft without an airworthiness certificate and 91.9( b) (2) requiring an approved flight manual in the aircraft. The UA will not be operating with an airworthiness certificate ther efore, this would be inappropriate. The UAS are too small to carry the operating documents so an eq uivalent amount of safety can be achieved through keeping the operating documents and manuals at the GCS.

IV. UAS Pilot in Command (PIC)

Under part § 61, recreational, sport and private pilots are lim ited to non-commercial operations, however Brual LLC can ensure UA operations will achieve an equi valent level of safety as current regulation because UA do not carry any pilots or passen gers. A commercial pilot certificate will not ensure RC piloting ability, as the psychom otor skills are different. The inherent risks of operating a UAS are far less than in the comm ercial activities outlined in 14 CFR part 61, et seq., thus exemption is requested from § 61.101 Recreational Pilot Privileges

and Limitations. PICs will maintain recent flight experience on the UAS. Trainin g and experience flights will be conducte d separate from commercial o perations.

V. Public Interest

Given the above stated evidence, procedures, and precautions op erating UAS commercially for the purposes of aerial photography , videography, data collectio n and augmented real estate listings will ultimately be in the public interest. These opera tions, when executed with prudence, will exceed the current level of safety as the regulations from which exemption is sought. UA operations will allow greater access to commercial aerial servi ces that were not previously economically feasible for many firms. This will provide a much needed economic uplift to the community and hence the public. UA operations are associated wi th less risk of collateral damage to persons and property while limiting disruptive noise pollution associated with low altitude aviation operations.

VI. Summary

Pursuant to Section 333 of PL 112-95 commonly known as the “FAA Modernization and Reform Act of 2012”, Brual LLC, hereby applies for authorization to co nduct commercial unmanned aerial systems (UAS) operations for the purposes of aerial phot ography, videography, data collection and augmented r eal estate listings Rules for which exemption is sought:

 14 C.F.R. Part 21 Subpart H

 14 C.F.R. § 45.23(b)

 14 C.F.R. § 61.101, 61.113 and 61.133(a)(1)(ii)

 14 C.F.R. § 91.7(a)

 14 C.F.R. 91.9(b)August 24, 2015 Page 9 of 9

 14 C.F.R. § 91.103

 14 C.F.R. § 91.109(a)

 14 C.F.R. § 91.119

 14 C.F.R. § 91.121

 14 C.F.R. § 91.151(a)

 14 C.F.R. § 91.405(a)

 14 C.F.R. § 91.407(a)(1)

 14 C.F.R. § 91.409(a)(2)

 14 C.F.R. § 91.417(a) & (b)

VII. Attachments : 1. Specific UAV manuals.

a. Phantom 2 Pilot Training Guide

2. UAV user manual

a. DJI Phantom 2 User Manual – Version 1.4

b. 3DR SOLO User Manual

3. Battery Manuals

a. DJI Smart Flight Safety Guidelines

4. Quick Start guides.

a. DJI Phantom 2 Quick Start Guide

b. 3DR Solo Quick Start Release 8

5. NAZA – GPS Manuals

a. NAZA-M Quick Start Guide – Version 1.26

Thanks you for your prompt atten tion and consideration. Trave rse Legal and its clients are committed to safe UAS operation and ambassadors. Please do no t hesitate to contact me directly with any questions or concerns at 866-936-7447.

Very truly yours,

Traverse Legal, PLC

Enrico Schaefer Attorney at Law www.dronelaw.pro enrico@traverselegal.com

ES/cam

Enclosures