### Brandon Ruby 1828 La Force Rd Alpine, CA 91901 (619) 606-3158 brandon@lifegrids.com

November 12, 2015

U.S. DepartmentofTransportation, Docket Operations West Building Ground Floor, Room wl2-140 1200 New Jersey A venue, SE Washington, DC 20590

Re: Exemption Request Under Section 333 ofthe FAA Reform Act and 14 C.F.R. Part 11 to allow the use ofsmall unmanned aerial systems controlled by Brandon Ruby to assist in the safe aerial photography and videography for Brandon Ruby's clients.

Dear Sir or Madam:

1, Brandon Ruby, am writing pursuant to Section 333 ofthe FAA Modernization and Reform Act of2012 ("Reform Act") and 14 C.F.R. Part 11, to respectfully request an exemption from several provisions ofTitle 14 ofthe Code ofFederal Regulations (C.F.R.) to permitthe use ofsmall unmanned aerial systems (sUAS) to assist in the safe aerial photography and videography for my clients. This request is motivated primarily by the desire to maximize safety during all sUAS flight operations. This exemption would allow me to service both for-profit industries as well as not-for-profit organizations. Accordingly, the grant ofan exemption is consistent with Congress' intent, reflected in Section 333 ofthe FAA Reform Act of2012 1

, 

### that safe systems be permitted in the national airspace prior to the issuance offinal regulations governing general use ofthese systems? A summary ofthis 

### request suitable for publication in the Federal Register is provided

as Appendix A

As 

### described herein I, 

### Brandon Ruby, am a retired Navy pilot (U.S. Navy LCDR, retired) and a licensed Commercial Pilot with a class rating in both fixed wing and rotary wing aircraft; experienced in flying cinematography sUAS quadcopters for recreational purposes. I 

### am pursuing a business involving the flying ofsUAS quadcopters with the intent for aerial videography/cinematography to enhance local, state and national industry and .commerce, as well

as provide academic education and training in aerial videography/cinematography.

1 P.L. 112-95, 126

### Stat 11, 

### February 14, 2012. 2 

### Section 333(b) (2) specifically contemplates that the FAA may issue a certificate ofwaiver upon a finding that a type ofsUAS, as a result ofits size, weight, speed, operational capacity, proximity to airports andpopulated areas, and operations within visual line ofsight do not create a hazard to users ofthe NAS or the public or pose a threat to national security.

1

# '

Granting my, Brandon Ruby's, request comports with the Secretary ofTransportation's (FAA Administrator's) responsibilities and authority to not only integrate sUASs into the national airspace**system~** but to "

...establish requirements for the safe operation ofsuch aircraft systems [sUASs] in the national airspace system" under Section 333(c) ofthe Reform Act specific to the

use ofsUASs for aerial photography and videographypurposes. Further I, Brandon Ruby, will conduct my operations in compliance with the protocols described herein or as otherwise establishedby the FAA.

Appendix B provides the manufacturers information regarding the design, aircraft performance, operations and fail-safe features. I have provided manufacturer information related to operating limitations, normal and emergency procedures, andmaintenance and inspection procedures. As I add aircraft designs, I will update this appendix appropriately.



### I. Uackrroupd lpformatiop I am pursuing a business ofconsulting on, andproviding sUAS basedaerial photography and videography for my clients. My clients will look to me for safe operations ofsUAS. I will follow detailed safe sUAS operational procedures. Increasingly, I have potential clients looking
to be trained in using sUAS and to operate sUAS for aerial photography and videography for recreation and business.



### II. Aerjal Photm:raphy apd Yideography Qperatiops:

• Conduct Aerial Photography. and Videography for Real Estate, Construction Site Disposition and Sale, Promotional Purposes, Television, Commercials, Film, andWork for Hire

• Increasing public knowledge ofsUAS and promote safe sUAS operations

• Utility Inspection

• AgricultureInspection

• Search and Rescue

• sUAS Flight Education and Training

• sUAS Photography and Videography Education andTraining



### ID. Rerulatocy Basjs for Exemptiop Request In addition to the waiver authority provided in §333 ofthe Reform Act, the FAA may grant an exemption under49 U.S.

### C. §44701(f) ifithas determined that such an exemption is inthe public interest. The FAAhas imposed a separate requirement in its procedural regulations, providing that thepetitioner shallexplainwhy granting the exemption wouldnot adversely affect safety or how the exemption would provide at least an equivalent level ofsafety as compliance with the underlying regulation. 

### Inthis case, approval ofthis exemption would advance the public interest by significantly enhancing the safety and efficiency ofsUAS based aerial photography and videography providing invaluable service and support to both for-profit industries, as well as to not-for-profit organizations, andbyproviding the FAAwith valuable user experience on sUAS in

a context with appreciable economic and societal benefits. As described more fully below, the requested exemption wouldpermitthe operation ofsUAS under safe conditions, thus ensuring that operations will nothave an adverse impact on safety.

2Additionally, Section 333 of the FAA Reform Act authorizes the FAA to exempt aircraft from the requirement for an airworthiness certificate based !Jn a consideration ofthe size, weight, speed, operational capability ofthe particular sUAS, as well as its proximity to airports and populated areas. 

### An analysis ofthese criteria demonstrates that the sUAS operated without an. airworthiness certificate in the areas and under the conditions contemplated by me will be at least as safe, or safer, than a conventional aircraft (fixed wing

or rotorcraft) operating with an airworthiness certificate without the conditions proposed in this request.

The two sUASs in my quadcopter business 

### (Dll Phantom 2 and 

### Dll Inspire 1) are less than 55 lbs. fully loaded, carry neither a pilotnorpassenger, and operate exclusively within a 1.5 miles ofthe pilot'sposition and always within visual line ofsight Unlike other civil aircraft, operations under

### this exemption will be tightly controlled and monitored by the operator and observer. Operations will be conducted in compliance with the FAA and with local public safety requirements to provide security for the area ofoperation as is now done with conventional photography andvideography equipment. Lastly, application of these same criteria demonstrates that there is no credible threat to national security posed by the sUAS, due to its size, speed ofoperation, location ofoperation, lack ofexplosive materials and inability to carry a substantial external load.

Given the size and safe operating area associated with the aircraft to be utilized byme, 

### this meets the requirements ofan-equivalent level ofsafetyunder Pa:rt 11 and Section 333 ofthe Reform Act. My sUASs utilize four (4) counter-rotatingpropellers for balance, control and stability. My sUASs are equipped with GPS and autoretum safety technology, weighing less than five (5) pounds (far below tlie maximum 55 pound limit); including camera with gimbal.



# . . IV .Grantingan Exemption will pot Adyersely Affect SafetY Please note that there is no applicable standard for an equivalency determination. Some have arguedthatthe appropriate staodard is that for model aircraft, noting thattheir operations, if conducted for recreational purposes, would fall completely within the allowable operations for model aircraft. I believe it is difficult to argue thatthere is sufficientcorrelation between model operations controlled bythe Academy ofModel Aeronautics and.the ones contemplatedbyme. At the same time, it is clear that equivalency cannotbe established for traditional, manned civil aircraftbecause the design and use profiles between traditional aircraft and sUAS ,are simply too different. As such, I believe it makes more sense to focus on why the contemplated operations would not adversely affect safety, which is all that §11.81(e) requires.
Granting anexemption will not adverselyaffect safety. I will conduct sUAS operations solely during daylighthours, at altitudes well below that which would pose a riskto other aircraft. The general nature ofoperatioris I anticipate requires thatthe sUAS be flown atrelatively low · altitudes andrelatively low speeds. I expectthat in most instances, the sUAS will be flown less than 200 feet from the highest structure along the path ofthe sUAS. In the event an operation

3the aircraft is the most important factor in establishingan equivalent level ofsafety.



### Ifthe PIC has acquired the necessary knowledge ofairspace requirements, the relevant issues are ( 1) where the aircraft will beflown, (2) the size ofthe aircraftrelative to what is being used today to accomplish the same mission, and (3) what precautions will betaken to ensure the safety of tl;lose inthe area ofoperation. Should there be a mishap, the sUAS being flown pose significantly less ofa threat than the helicopters and fixed wing aircraft now being employed because they are
a fraction ofthe size, carry no flammable fuel, do not carry crew orpassengers, and pose an infinitesimal risk to others. This is in starkcontrast to conventional aircraft that are flown to the site, carry explosive fuel, carry passengers and crew, and operate in a much larger area.

Minimum requirements for the PIC include: 1) Private Pilot's license and a Class 

### ill medical; 2) A minimumof200 flight cycles and 25 hours oftotal time as a sUAS rotorcraft pilot and at least 10 hours logged as a sUAS pilot with a similar sUAS type (singleblade or multirotor); 3) A minimum of5 hours as sUAS pilot with the make and model ofsUAS to be utilized for operations under the exemption and 3 take offs and landings in the preceding 90 days;

Another consideration supporting the minimum requirements is that I, Brandon Ruby, as the PIC

am subject to security screening bythe Department ofHomeland Security. This requirement should ameliorate securityconcerns over sUAS operations underthis exemption.

I intend to use commercially available sUAS components for my sUASs. These sUAS systems will be test flown for quality 

### & safetyprior to being deployed to the field The sUASs are less than 55 lbs. fully loaded, carries neither a pilot norpassenger, and operates exclusively within a controlled area. I have a routine maintenance schedule to verify that the sUAS will remain in safe and operational condition. Please see Appendix B, for the Specific Types ofsUAS that will be deployed by me.

V. PETITION SUMMARY Pursuantto Section 333 oftheFAAModernization and Reform Actof2012, Pub. L. No. 112-95 (2012), 126 Stat. 11 ("Section 333") and the Federal Aviation Administration's ("FAA") general exemption authorityunder49 U.S.C. 

### § 44701

### (f), I ("Petitioner'')hereby petition for exemptions from 14 C.F.R. Part 21, 14 C.F.R. 

### §§ 91.7(a), 91.9(b)(2), 91.103(b)(1), 91.119(c), 91.121, 91.151, 91.203(a) and (b), 91.405(a), 91.407(a)(1) ,91.409(a)(2), 91.417(a)-(b). The proposed exemptions, ifgranted, would allow me, Brandon Ruby, the Petitioner to operate small, cameramounted unmanned aircraft systems (sUAS) weighing 55 pounds or less for the purpose ofaerial photography and videography.

Basedon the small sizeofmy, the Petitioner's sUASs, the qualifications andExperience ofthis Petitioner's sUAS operators, and the controlled environment within which I the Petitioner will operate, the requested exemptions fall squarely within the zone ofsafety envisioned by Congress and set forth in Section 333 (please also see Appendix C, for my Safety Operations 

### & Procedures). Additionally, the enhanced safety achieved by replacing significantly larger



## smanned aircraft carrying crewand flammable fuel with small sUAS carryingno passengers or
crew and operatedunderthe specific guidelines andprocedures proposedbyPetitioner givesthe FAA good cause to findthat the sUAS operations enabledbythis Petition are in the public interest. Thus, supporting the requestedexemptions to be granted.

VI.STATUTORY AUTHORITY 

### A. Section 333 Section 333, titled "Special Rules for Certain UnmannedAircraft Systems," provides a mechanism for seeking expeditedFAA authorization ofsafe civil sUAS operations inthe National Airspace System ("NAS"). Section 333( a) states thatthe FAA "shall determine 

### if certainunmanned aircraft systems may operate safely inthe national airspace systembefore completion ofthe [comprehensive] plan and rulemaking required by section 332(b)(l) ofthis Act

orthe guidance required by section 334 ofthis Act" In Section 332(b )(1), Congress made it clearthat Section 333 provides a mechanism for "expeditedoperational authorization." The FAA has committed to complying with this mandate by granting several petitions almost identical to the one at hand.

Section 333(b) identifies several factors that theFAA should consider in determining whether commercial sUAS operations should be approved. These include sUAS that, "as a result oftheir size, weight, speed, operational capability, proximity to airports and populated areas, and operation within visual line ofsight do not create a hazardto users ofthe [NAS] orthepublic or pose a threat to national security." 

### See Section333(b).

B. Section 4470l(f) In addition to the specific authority conferred by Section 333, the FAA Administrator has general authority to grantexemptions from the FAA's safety regulations andminimum standards when the Administrator decides a requested exemption is inthe public interest. 

### See U.S.C. 

### § 4470l(f).



### Vll. REQUESTED EXEMPTIONS Petitionerrequestsrelieffrom thefollowing regulations:

14 C.F.R. Part21 prescribes, in pertinentpart, theprocedural requirements for issuing and changingdesign approvals, production approvals, airworthiness certificates, and airworthiness approvals.

14 C.F.R. Section 91.7{a) prescribes, in pertinentpart, that no person mayoperate a civil aircraft unless it is inan airworthy condition.

14 C.F.R. Section 91.9(b){2) prohibits operation ofU.S.registered civil aircraft unless there is available in the aircraft a current approved Airplane orRotorcraftFlightManual, approved manual material, markings, and placards, or any combination thereof.

14 C.F.R. Section 91.103(b)(l)prescribes, inpertinentpart, thateach pilotin command shall, before beginning a flight, become familiar with all available information concerning that flight, to include, "Foranyflight, runway lengths at airports ofintended use, and the following

6takeoffand landing distance information:

... Forcivil aircraft for which anapproved Airplane or Rotorcraft FlightManual containing takeoffand landing distance data is required, the takeoffand landing distance data contained therein."

14 C.F.R. Section 91.119( c)prescribes that, exceptwhennecessaryfortakeoffor landing,

no person may operate an aircraftbelow the following altitudes: "Overotherthan congested

areas. 

### An altitude of500 feet above the surface, except over open wateror sparsely populated

areas. 

### Inthose cases, the aircraft may notbe operated closerthan 500 feet to anyperson, vessel, vehicle, or structure."

14 C.F.R. Section 91.121 requires, inpertinentpart, eachperson operating an aircraft to maintain cruising altitude byreference to an altimeterthat is set ''tothe elevation ofthe departure airport oranappropriate altimeter setting availablebefore departure."

As the sUAS maynothave a barometric altimeter, butinstead a GPS altitude read out, an exemption may be needed. 

### An equivalent level ofsafety will be achievedby the operator, pursuant to the Manual and Safety Check list, confrrming the altitude ofthe launch site shown on the GPS altitude indicatorbefore flight. Altitude information will be provided to the sUAS pilot via a digitally encoded telemetric data feed, which downlinks from the aircraft to a ground-based on-screen display. This altitude information will be generated by equipment installed on board the aircraft, using GPS triangulation, or digitally encoded barometric altimeter, or radio altimeter, or any combination thereof. Prior to each flight, a zero altitude initiation point will be established and confirmed for accuracy by the pilot.

14 C.F.R. Section91.151(a) prescribes thatno person maybegin a flight in an airplane under VFRconditions unless (considering wind and forecast weather conditions) there is enough fuel to fly to the first point ofintended landing and, assuming normal cruising speed, (1) during the day, to fly after that for atleast 30 minutes; or (2) atnight, to fly afterthat for at least 45 minutes.
Operating the sUAS in a pre-defmed area with less than 30 minutes ofreserve fuel does notraise the type ofrisk contemplatedby §91.151, i.e., that an aircraft could run out offuel inthe event it has to be flown to an alternate airport or circle the planned airportin the event of unanticipated conditions. I do not intendto use the sUAS for point-to-point flights andwill not operate the sUAS beyondvisual line ofsight. Nor will the sUAS require an airport in order to land. Rather, I will operate the sUAS using pre-planned flight paths (taking into account weather conditions) designed to allow the sUAS to fly to the point ofintended landing. As such, there is

no need for a time- based excess fuel requirement Rather it shouldbe sufficient to require only as much additional excess flight capacity as necessary to safely land the sUAS. I believe that a 25% battery reserve is more than sufficient to meet this objective.

14 C.F.R. Section91.203 prohibits, in subpart (a), anyperson from operating a civil aircraft unless ithas within it (1) an appropriate and currentairworthiness certificate; and (2) an effective U.S. registration certificate issuedto its owner or, for operation within the United States, the second copyofthe Aircraft Registration Application as provided for in

7§ 47.31(c). Section 91.203 prescribes, in subpart 

### (b), that no person may operate a civil aircraft unless the airworthiness certificate ora specialflight authorizationissuedunder§ 91.715 is displayed at the cabin or cockpit entrance so that it is legible topassengers or crew.

14 C.F

### .R. Section91.405(a) requires, inpertinentpart,that an aircraft operator orowner shall have the aircraft inspected asprescribed in subpart E ofthe samepart and shall, between required inspections, except as provided inparagraph (c) ofthe same section, have discrepancies repaired asprescribed in Part43 ofthe chapter.

14 C.F.R. Section91.407(a)(1) prohibits, in pertinentpart, anyperson from operating an aircraft thathas undergone maintenance, preventative maintenance, rebuilding, or alteration, unless ithas been approved for return to service bya person authorized under §43.7 ofthis same chapter.

14 C.F.R. Section 91.409(a)(2)prescribes, inpertinentpart, thatnoperson may operate an aircraftunless, withinthepreceding 12 calendarmonths, ithas had (1) an annual inspection in accordance withpart43 of

### this chapter andhasbeen approved for return to serviceby a person authorizedby §43.7 of

### this chapter; or (2) an inspection for the issuance ofan airworthiness certificate in accordance withPart 21 ofthis chapter.

14 C.F

### .R. Section 91.417(a) and 

### (b) prescribes, inpertinentpart, that- (a) Eachregistered owneror operator shall keep the following records for the periods specified inparagraph

### (b) ofthis section:

(1) Records ofthe maintenance, preventative maintenance, and alteration and records ofthe 100-hour, annual, progressive, and otherrequired or approved inspections, as appropriate, for eachaircraft(including the airframe) and each engine, propeller, rotor, and appliance ofan aircraft. Therecords must include- 

### (i) A description (orreference to data acceptable to the Administrator) of the workperformed; and 

### (ii) The date ofcompletion ofthe work performed; and 

### (iii) The signature, and certificate number ofthe person approving the aircraft for return to service. (2) Records containing the following information: (i) The total time in service ofthe airframe, each engine, each propeller, and each rotor. 

### (ii) The current status oflife-limited parts ofeach airframe, engine, propeller, rotor, and appliance. 

### (iii) The time since last overhaul ofall items installed on the aircraft which are required to be overhauled on a specified time basis. (iv) The current inspection status ofthe aircraft, including the time since the last inspectionrequired by the inspection programunder which the aircraft and 

### its appliances are maintained. (v) The current status ofapplicable airworthiness directives (AD) and safety directives including, for each, the method ofcompliance, the
8AD or safety directive number andrevisions date. Ifthe AD or safety directive involves recurring action, the time and date when the next action is required. (vi) Copies ofthe forms prescribed by§ 43.9(d) ofthis chapter for each major alteration to the airframe and currently installed engines, rotors, propellers, and appliances. 

### (b) The owner or operator shall retain the following records for the periods prescribed: ( 1) Therecords specified in paragraph (a

### )(I) ofthis section shall be retained until the work is repeated or superseded by other work orfor 1 year after the work is performed. 

### (2) The records specified inparagraph (a)(2) ofthis section shall be retained and transferred with the aircraft at the time the aircraft is sold. (3) A list ofdefects furnished to a registered owner or operator under§ 43.11 ofthis chapter shall be retained until the defects are repaired and the aircraft is approved for return to service.

I believe that an exemption from these three maintenance requirements is appropriate because the FAA has not developed maintenance standards that would allow an operator to meetthe part 91 maintenance requirements. Inparticular, there are no individuals authorizedby the FAA to approve a sUAS forreturn to service under §91.407(a) orto conductthe initial airworthiness and annual return to service inspections required by §91.409(a). I willmaintain the aircraft as instructed in the owner's manual, and will not operate the aircraftuntil it has reasonably determined that any neededrepairs have beenmade. However, because ofthe technical impossibilityofmeeting the requirements of§§91.405(a), 407(a), 409(a) and 417(a)&(b), I believe an exemption from these provisions is appropriate.



### VITI. PETITIONER'S fROPOSED OPERATIONS SATISFY SECTION 333. A. Unmanned Aircraft System The sUAS to be operatedunderthis request are less than 

### 55 lbs. fully loaded, will be operated at

a speed ofno more than 50 knots, carry neither a pilot norpassenger, carry no explosive materials or flammable liquids, and operate exclusively within a secured area. Petitioner's sUAS use a radio frequency spectrum for operation and control that complies withFederal Communications Commission ("FCC") requirements, and Petitionerhas integrated safety features into the sUAS, as described in Petitioner's Flight Operations andProcedures Manual ("FOPM") and MotionPicture andTelevisionFlight OperationManual ("MPTFOM") (collectively, "operationsmanuals"). 3

3 The MPTFOM and FOPM will be submitted separately and confidentially under 14 C.F

### .R. 11.35(b ), as the manuals contain proprietary information that the applicant has not and will not share with others. The manuals contain operating conditions and procedures that are not available to the public and are protected from release under the Freedom of Information Act, 5 

### U.S.C. §§ 552, et seq.

9Petitioner's sUASs are equipped with redundant safety mechanisms allowing them to operate safely after experiencing certain in-flight failures. Ifa lost-link event occurs, including the loss of ground communications and/or the loss ofa GPS signal, Petitioner's sUASs have the ability to perform a pre-coordinated, predictable, automated flight maneuver and return to a predetermined location within a designated securityperimeter for landing. The sUAS further have the ability to abort a flight 

### inthe event ofunpredicted obstacles or emergencies. All flights will be terminated after a maximum of30 minutes or with 25%remaining batterypower, whichever occurs first. Thus, good cause exists for granting Petitioner's requested relieffrom 14 C.F.R. 

### § 91.151(a) (setting forth fuel requirements for flight in VFRconditions)

.. Regarding Petitioner's requested relieffrom 14 C.F.R. 

### § 45.23 

### (b), Marking ofthe Aircraft, Petitioner seeks such reliefbecause given the size ofthe sUAS, two-inch lettering will be impossible. Petitioner's sUAS will be identified by serial number, registered in accordance with 14 CFRpart 47, and have identification (N-Number) markings in accordance with 14 CFR part 45, Subpart C. Markings will be as large as practicable.

Regarding Petitioner's requested relieffrom 14 C.F.R. 

### § 91.121 (Altimeter Settings), Petitioner seeks suchreliefbecause Petitioner will not have a typical barometric altimeter onboard the sUAS. Instead, altitude information will beprovided to the sUAS PIC via a digitally encoded telemetric data feed, which downlinks from the aircraftto a ground-based on-screen display. The altitude information will be generated by equipment installed onboardthe sUAS, using GPS triangulation, digitally encoded barometric altimeter, radio altimeter, or any combination thereof. Prior to eachflight, a zero altitude initiation pointwill be established and confirmed for accuracy bythe sUAS PIC. Thus, goodcause exists for granting the requestedrelieffrom 14 C.F.R. 

### § 91.121.

Given the size, weight, speed, and limited operating area associated with the aircraft tobe utilized bythe applicant, an exemption from 14 C.F.R. Part 21, Subpart H (Airworthiness Certificates), subject to certain conditions and limitations, is warranted (if necessary) and meets the requirements for an equivalent level ofsafety under 14 C.F.R. Part 11 and Section 333. The sUAS operated without an airworthiness certificate in the restricted environment andunderthe conditions and limitations proposedbyPetitioner willbe at least as safe, or safer, than a conventional aircraft (fixed wing orrotorcraft) operating with anairworthiness certificate issued under 14 C.F.R. Part 21, SubpartH, and not subjectto the proposed limitations and conditions.

Petitioner will strictly comply with safety and maintenance procedures included in all applicable sUAS manufacturer's instructions and operatingmanuals. To the extent such information is not included in the guidelines developedbythe manufacturers, Petitioners will develop anddocument maintenance, overhaul, replacement, and inspectionrequirements, procedures to document and maintain maintenancerecords with regardto Petitioner's sUAS, and sUAS technician qualification criteria. Petitioner's operationsmanuals will include maintenancerequirements for Petitioner's sUAS, including "on-condition" maintenance andmodifications. In light ofthese mitigating factors, exemptions from 14C.F.R. 

### §§ 91.405(a), 9L407(a)(l), 91.409(a)(l) and (2), and 91.417(a) and 

### (b) are warranted.

10

### B. sUAS Pilot in Command Petitioner's sUAS pilot in command (PIC) shall have passed theFAA ground school examination and shall hold at least a third-class medical certificate but shall notbe required to hold a current pilot's license. Since there are no standards for eitherprivate or commercial sUAS pilot certificates, knowledge ofairspace regulations acquired from FAA ground school and dexterity in the control and operation ofthe sUAS acquired from actual operation ofthe aircraft willbe the most important factors inestablishing anequivalent level ofsafety. According to the FAA, "the FAA considers the overriding safety factor for the limited operations proposedbythe petitionerto be the airmanship skills acquired through sO AS-specific flight cycles, flight time, and specific make and model experience, culminating in verification through testing." 

### See Exemption No. 11062, Regulatory DocketNo. FAA-2014-0352, atp. 18. With those factors in mind, Petitioner's sUAS PIC shall be required to meet several conditions and limitations as outlined in the FOPM andMPTFOM, including the following:



## •



# •

• The sUAS PIC will have accumulated and logged a minimumof200 flight cycles and 25 hours oftotal time as a sUAS rotorcraft pilotand at least 10 hours logged as a sUAS pilotwith a similar sUAS type (single blade or multirotor). The sUAS PIC will have accumulated and logged a minimum offive hours offlight time with the specific make and model ofthe sUAS to be utilized for operations under the exemption and three take-offs and landings in the preceding 90days. The sUAS PIC will have successfully completed the qualification process as specified in the operations manuals, to include a knowledge and skill test.4

Regarding Petitioner's requested relieffrom 14 C.F.R. 

### § 91.7(a), it is Petitioner's understanding that Petitioner's sU AS will not require an airworthiness certificate in accordance with 14 C.F.R. Part 21, Subpart H, and that exemption from 14 C.F.R.§ 91.7(a) is therefore unnecessary. To the extent such an exemption is deemed necessary, Petitioner asserts that it shouldbe granted in light ofthe safetyprocedures proposed herein. 

### In accordance with the pertinentpart of 14 C.F.R. § 91.7(b), the operator in command ofPetitioner's sUAS shall be responsible for determining whetherthe aircraft is in a safe condition for 

### flight. Petitioner's manuals for maintenance and operations shall include safety checklists to be usedby the operator in commandprior to each flight.
Regarding Petitioner's requested relieffrom 14 C.F.R. § 91.9(b)(2) (Civil aircraft flight manual, marking, and placard requirements and§ 91.203(a) and (b), (Civil aircraft: certifications

4 Priorto operating, the PIC will be required topass the knowledge and airmanship test qualifications developed byPetitioner for the sUAS. There are no establishedpractical test standards that supporta jurisdictionalFAAFSDO ("Flight Standards District Office") evaluation and approval of company designated examiners. Petitioner will conduct these tests in accordance with its operations manuals. Giventhe constraints oftheproposedoperations, this procedure for testing will not adversely affect the safety ofthe NAS.

11required), it is Petitioner's understanding that relieffrom these regulations is no longernecessary in light ofthe FAA Memorandum "Interpretation regarding whether certain required documents maybe kept at an unmanned aircraft's control station," dated August 8, 2014. To the extent the FAA deems an exemption from this section necessary for Petitioner's proposed operations, such exemption should be granted in light ofthe mitigating fact that Petitioner will maintainthe documents required under 14 C.F.R 

### §§ 91.9 and 91.203 at the sUAS ground control station during flights.
Additionally, 100% ofPetitioner's operations will utilize a visual observer ("VO"). The VO maybe used to satisfy the VLOS requirement as long as the PIC always maintains VLOS capability. The VO and the PIC will be able to communicate verbally at all times during operational flights.
Regarding Petitioner's requestedrelieffrom 14 C.F.R 

### § 91.103(b)(l), Petitioner will comply ·with the other applicable procedures andrequirements stated in 

### § 91.103(a) and (b). Specifically, the PIC will take all actions includingreviewing weather, flight battery requirements, aircraft performance data, and landing and takeoffdistances before initiation ofa flight. The PIC will also account for all relevant site-specific conditions in theirpreflight procedures. Risks presentedby sun glare willbe mitigated bythe PIC's andVO's ability to see other airtraffic and initiate a return-to-home sequence ifneeded

C. OperatingParameters ofPetitioner's sUAS Petitioner's sUAS operations will be conducted within a sterile environmentofclosed-set filming. Inthis controlledenvironment, Petitioner's operations will remain within VLOS of the PIC andVO, below 400 feet AGL, and at speeds below 50 knots. Onlyparticipating persons will be permitted within the operating area.5

Consistent withthe relieftypically providedto manned operations under FAA Order 8900.1, Volume 3, Chapter 8, Section 1, Petitionerrequests relieffrom 14 C.F.R. 

### § 91.119(c) with respect to those participatingpersons, vehicles, and structures directly involved inthe performance ofthe actual filming. Regarding distance from participating

5 Pursuant to Order 8900.1 V3, C8, S 1, "participatingpersons" includes all persons associated with the filming production. Participatingpersons will bebriefedonthe potential risk ofthe proposed flight operations andmust acknowledge and acceptthose risks priorto participation.

12persons, the operations manuals set forth safety factors for authorized and consenting production personnel. Because those procedures are specific to participating persons, no further FSDO or aviation safety inspector approval 

### is necessary for reductions to the distances specified in Petitioner's manuals.
Regarding the distance from nonparticipatingpersons, Petitionerwill ensurethat no persons are allowed within 500 feet ofthe operating area exceptthose consenting to be involved and necessary for the filming production, with the possibility ofreducing this distance to no less than 200 feet ifit would not adversely affect safety and the Administratorhas approved it. This is consistent with FAA Order 8900.1, V3, C8, S1.

Petitionerwill notconduct sUAS operations within 5 nautical miles ofthe geographic centerofa non-towered airport unless a letter ofagreement with that airport's management is obtained and the operation is conducted in accordance with a Notice to Airmen (''NOT AM"). Additionally, Petitionerwill not operate 

### in Class B, C, orD airspace without written approval from the FAA. Nor will Petitioner operate the sUAS less than 500 feetbelow orless than 2,000 feet horizontally from a cloud orwhen visibility is less than 3 statute miles from the PIC.

Petitioner's sUAS will remain clear and yield theright ofwayto all manned operations and activities atall times (including, butnot limitedto, ultralight vehicles, parachute activities, parasailing activities, and hang gliders).
AlthoughPetitioner seeks to comply with the waiverprocess as described in FAA Order 8900.1, Volume 3, Chapter 8, Section 1 (Issue a Certificate ofWaiver for Motion Pictureand Television Filming), the current section ofOrder 8900.1 has specific processes thatpreclude ajurisdictional FAAFSDO from issuing the required Certificate ofWaiver, because the section did not originallyprovide for sUAS operations. Thus, Petitioner seeks exemptionfrom the applicable regulations normally waived during that process. Petitionerproposesthatthe FAA include the required notifications and coordination withjurisdictionalFSDOsthrough the conditions and limitations accompanying therequested exemption, and that the exemption soughtherein will take the place ofthe Certificate ofWaiver normally issued by ajurisdictionalFSDO under 8900.1. Underthis rubric, Petitionerwill notify everyFSDO withjurisdiction overthe area that Petitionerplans to operate,justas with manned filming operations, and those FSDOs will have the abilityto coordinate further conditions and limitations with the sUAS Integration Office to address any local concerns.

Petitionerwill obtain an

### AirTraffic Organization ("ATO") issued Certificate of Waiveror Authorization ("CO 

### A'') priorto conducting any operations underthis grant of exemption. In fulfilling its requirements under the COA, Petitioner will be required to request a NOT AM not

more than 72 hours in advance, but not less than 48 hours prior to the operation.

D. The Requested Exemption Promotes the Public Interest Theenhanced safety achieved byreplacing significantlylarger mannedaircraft carrying crew and flammable fuel with small sUAS carrying no passengers orcrew and operatedunder the specific guidelines and proceduresproposed byPetitioner gives the FAA goodcause to find that the sUAS operations enabledbythe instant Petition are in the public interest. Moreover, as the

13

### FAAhas alreadyrecognized, "sUASprovide an additional tool for the filmmaking industry, adding a greater degree offlexibility, which supplements the current capabilities offeredby manned aircraft.''



### IX.CONCLUSION For the foregoing reasons, the regulatory exemptions requested herein shouldbe granted and Petitioner should bepermitted to conduct small sUAS operations for the purpose ofaerial photography and videography.

X. Support for J!etition for Exempting 

### Inaccordance with the procedural requirements of 14 C.F.R. 

### §11.81, the following information is provided:

ContactInformation: Brandon K. Ruby 1828 LaForce Rd Alpine, CA 91901 (619) 606-3158 brandon@lifegrids.com

XI.Reaulatorv J!royisiops from 

### which I seek ap Exemption I believe I need an exemption from the following provisions to conductthe contemplated operations. 

### In some instances, reliefis needed because relieffrom another provisionrenders compliance with the regulation athand infeasible. 333 Aircraft Exemption Status 14 C.F.R. Part 21 14 C.F.R. §91.119(c) 14 C.F.R. §91.121 14 C.F.R. §91.151 14 C.F.R. §91.405(a) 14 C.F.R. §91.407(a) 14 C.F.R. §91.409(a)(1)&(2) 14 C.F.R. §91.417(a)&(b)

I believe an exemption is only needed from the above-listed regulatory provisions. To the extent that the FAA believesthat additional reliefis required for me to conduct the operations described here, I request an exemption from any such regulatory provisions as well.6



### 6 Forexample, 14 C.F.R. §9 1.417( a) imposes certain maintenancerecordkeeping requirements "as applicable". Since none ofthe underlying requirements (e.g., inspection intervals) can be met and will require an exemption, I believe a separate exemption should notbe required for §91.417(a).

14

### Please do nothesitate to contact me at the phone number orvia the e-mail address provided above should you have any questions orconcerns. Respectfully submitted,

# ·~~- Brandon Ruby

. 

# oAppendices: A. 

### Summary for Federal Register Publication B. sUAS specific types, make, and model C. Brandon Ruby's Safety Operations 

### & Procedures

Enclosures: (1) DJI Inspire 

### 1User Manual (2) DJI Inspire 1 Safety Guidelines (3) DJI Inspire 1 Maintenance Manual ( 4) DJI Inspire 1 Intelligent Flight Battery Safety Guidelines (5) DJI Phantom 3 UserManual (6) DJI Phantom 3 Safety Guidelines (7) DJI Phantom 3 Intelligent Flight Battery Safety Guidelines

15

### Appendix A
Summary for Federal Register Publication

Pursuant to 14 C.F.R. Part 11, the following summary is provided for publication in the Federal Register should the FAA determine that publication is needed.

Petitioner: Brandon Ruby

_

Sections of 14 C.F.R. Affected: 333 Aircraft Exemption Status 14 C.F.R. Part 21 14 C.F.R. §91.119(c) 14 C.F.R. §91.121 14 C.F.R. §91.151 14 C.F.R. §91.405(a) 14 C.F.R. §91.407(a) 14 C.F.R. §91.409(a) 14 C.F.R. §91.417(a)&(b)
Description ofReliefSought:

Petitioner Brandon Ruby seeks relieffrom the requirements of333 Aircraft Exemption Status, 14 C.F.R Part 21, 91.119(c), 91.121, 91.151, 91.405(a), 91.407(a), 91.409(a), and 91.417(a)&(b) to conduct sUAS operations over

### Mr. Ruby's Client's owned orcontrolled land, solely during daylight hours, to assist in the safe evaluation and analysis ofinfrastructure and operations. In general, sUAS operations are intended to be conducted in areas remote from both congested

areas and airports. The nature ofoperations anticipatedby

### Mr. Ruby requires that the sUAS be flown at relatively low altitudes. 

### Mr. Ruby expects that in most instances, the sUAS will be flown less than 200 feet from the highest structure along the path ofthe sUAS and in no instances will be flown higher than 400 feet above the ground. Accordingly, the risk ofinterference with otheraircraft is minimal.

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### AppendixB

sUAS specific types, make, and model

#1-DJI Inspire 1

SeeEnclosedDJIInspire 1 Manuals: (1) DJIInspire 1 User Manual (2) DJIInspire 1 Safety Guidelines (3) DJIInspire 1 MaintenanceManual (4) DJIInspire 1 InteUigent FlightBatterySafety Guidelines

17

### #2-DJIPhantom3

See EnclosedDJIPhantom 3 Manuals: (5) DJI Phantom 3 User Manual (6) DJIPhantom 3 Safety Guidelines (7) DJIPhantom 3 Intelligent FlightBatterySafety Guidelines

18AppendixC

Brandon 

### Ruby's Safety Operations & 

### Procedures:
Technology Considerations: Best-in-class, tried and proven technologies that are in advanced iterations. Software from highly-reputable industry partners will include features: 1. Auto descent (landing) ifcommunication signal were to be severed. Ifthe sUAS loses communications, the sUAS will have capability to return to a pre-determined location withinthe Security Perimeter and land. 2. Auto descent (landing) ifbattery were to drop lower than nominal leveL 3. Flights will be terminated at 25% battery powerreserve. 4. Live video for operator gives real-time positioning feedback. 

### In other words, I can monitor the scene from the vehicle's perspective for collision avoidance, and to maintain spatial orientation. 5. The sUAS will have the capability to abort a flight in case ofunpredicted obstacles or emergencies. 6. On-Screen-Display (OSD) contains operating information to ascertain vehicle health at all times: speed, altitude, number ofGPS satellites (when available), heading and voltage. 7. GPS lock supplies for Return-to-Home (RTH). Should Command and Control (C2) link failures occur (highly improbable), vehicle returns automatically to the point oflaunch. 8. Altitude information will be providedto the sUAS pilot via a digitally encoded telemetric data feed, which downlinks from the aircraft to a ground-based on-screen display. This altitude information will be generatedby equipment installed onboard the aircraft, using GPS triangulation, or digitally encodedbarometric altimeter, or radio altimeter, or any combination thereof. Priorto each flight, a zero altitude initiation point will be established and confirmed for accuracy by the pilot.



### Mechanicai/Phvsical: 9. I will fly Line-of-Sight (LOS) only. The vehicle will always remain in direct LOS to the pilot, thus eliminating the concern ofsignal severance (flyingbehind objects/walls). 10. The sUAS will weigh less than 55lbs. andtravel at less than 50knots. 11. Batteries should far exceed the capacity required for actual flight time. 12. Flights will be operated at an altitude ofno more than 400 feet AGL. 13. UA operatedunderthis exemption will be marked inaccordance with 14 CFRpart 45

or as otherwise authorized by the FAA.



### Personnel: 1. Visual Observers ("VO") ensure safe operation and act as a redundant set ofeyes for operators (pilot, gimbal op, director) 2. Radio spectrum analysis for interference on the frequencies utilized for vehicle control/communication. 3. A briefing will be conducted in regard to the planned sUAS operations prior to each day's activities. It will be mandatory that all personnel who will be performing duties within the boundaries ofthe safety perimeterbe present for this briefmg. 4. The operator will obtain the consent ofall persons involved in the sUAS operations. 5. Observer and pilot will at all times be able to communicate by voice. 6; Written and/or oral permission from the relevant property holders will be obtained.
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### 7. Pilot and observer will have been trained in operation ofsUAS generally and received up-to-date information on the particular sUAS to be operated.



### Operations: l. 

### The sUAS must weigh less than 

### 55 pounds (25 Kg), including energy source(s) and equipment. Operations authorized by this petition ofexemption are limited to the following aircraft described in Appendix 

### B. Proposed operations ofany other aircraft will require a
new petition or a petition amendment to this request. 2. The sUAS may not be flown at a ground speed exceeding 50 knots. 3. Flights must be operated at an altitude ofno more than 400 feet above ground level (AGL), as indicated by the procedures specified in the operator's manual. All altitudes reported to ATC must be in feet AGL. 4. The sUAS must be operated within Visual Line-of-Sight (VLOS) ofthe PIC at all times. This requires the PIC to be able to use human vision unaided by any device other than corrective lenses, as specified on the PIC's FAA-issued medical certificate. 5. 

### All operations must utilize a visual observer (VO). The VO may be used to satisfy the VLOS requirement as long as the PIC always maintains VLOS capability. The VO and PIC must be able to communicate verbally at all times. 6. The sUAS operator manuals attached with this petition ofexemption must be maintained and made available to the Administrator upon request. 

### Ifa discrepancy exists between the conditions and limitations inthis exemption and the procedures outlined in the operatormanuals, the conditions and limitations herein take precedence and must be followed. Otherwise, the operator must follow the procedures as outlined in its operator manuals. 7. Prior to each flight the PIC must inspect the sUAS to ensure itis in a condition for safe flight. 

### Ifthe inspection reveals a condition that affects the safe operation ofthe sUAS, the aircraft is prohibited from operating until the necessary maintenance has been performed and the sUAS is found to be in a condition for safe flight. The Ground Control Station, if utilized, mustbe included in the preflight inspection. All maintenance and alterations must be properly documented in the aircraft records. 8. Any sUAS that has undergone maintenance or alterations that affect the sUAS operation or flight characteristics, e.g. replacement ofa flight critical component, must undergo a functional test flight in accordance with the sUAS operator's manual. The PIC who conducts the functional test flight must make an entry in the sUAS aircraftrecords of the flight. The requirements and procedures for a functional test flight and aircraft record entry must be added to the operator's manual. 9. The operator must follow the manufacturer's sUAS aircraft/component, maintenance, overhaul, replacement, inspection, and life limit requirements. When unavailable, aircraft maintenance/component/overhaul, replacement, and inspection/maintenance requirements must be established and identified in the operator's manuaL At a minimum, requirements for the following mustbe included inthe sUAS operator's manual: a) Actuators 

### I Servos; b) Transmission (single rotor); c) Powerplant (motors); d) Propellers; e) Electronic speed controller; 

### f) Batteries; g) Mechanical dynamic components (single rotor);
20

### h) Remote command and control; 

### i) Ground control station (ifused); and 

### j) Any othercomponents as determined by the operator; 10. 

### Prior to operations conducted for the purpose ofcommercial use, the PIC must have accumulated and logged, in a manner consistent with 14 CFR 

### § 61.51(b), a minimum of 200 flight cycles and 25 hours oftotal time as a sUAS rotorcraft pilot and at least 10 hours logged as a sUAS pilot with a similar sUAS type (single blade or multirotor). Prior documented flight experience that was obtained in compliance with applicable regulations may satisfy this requirement. Training, proficiency, and experience-building flights can also be conducted under this petition ofexemption to accomplish the required flight cycles and flight time. During training, proficiency, and experience-building flights, all persons not essential for flight operations are considered nonparticipants, and the PIC must operate the sUAS with appropriate distance from nonparticipants in accordance with 14 CFR 

### § 91.119. 1 L 

### Priorto operations conducted for the purpose ofaerial photography and videography, the PIC must have accumulated and logged, in a manner consistent with 14 CFR 

### § 61.5l(b), a minimum offive hours as sUAS pilot operating the make andmodel ofsUAS to be utilized for operations under the exemption and three take-offs and three landings in the preceding 90 days. Training, proficiency, experience- building, and take-offand landing currency flights canbe conducted under this petition ofexemption to accomplish the required flight time and 90 day currency. Duringtraining, proficiency, experiencebuilding, and take-offand landing currency flights all persons not essential for flight operations are considered nonparticipants, and the PIC must operate the UA with appropriate distance from nonparticipants in accordance with 14 CFR 

### § 91.119. 12. Prior to any flight operations authorized by this petition ofexemption, the PIC and VO must have successfully completed a qualification process, as outlined inthe operator's manual. As this is a requirement stipulated by the operator, the test mustbe developed and implemented by a qualified person designated at the sole discretion ofthe operator. A record ofcompletion ofthis qualification process must be documented and made available to the Administrator upon request. 13. Prior to operations conducted for the purpose ofaerial photography and videography, a flight demonstration, administered by an operator must be successfully completed and documented. This documentation must be available for review upon request by the Administrator. Because the knowledge and airmanship test qualifications have been developed by the operator, and there are no establishedpractical test standards that support

ajurisdictional FAA FSDO evaluation and approval ofcompany designated examiners, the petitioner will conduct these tests in accordance with the operator's manual. 14. 

### The sUAS may not be operated directly over any person, except authorized and consenting personnel, below an altitude that is hazardous to persons orproperty on the surface in the event ofa sUAS failure or emergency. 15. Regarding the distance from participating persons, the operator's manual has safety mitigations for authorized and consenting personnel. At all times, those persons mustbe essential to the operations. 16. 

### Ifthe sUAS loses communications or loses its GPS signal, the sUAS must return to a pre-determined location within the security perimeter and land orbe recovered in accordance with the operator's manual. 17. The sUAS must abort the flight in the event ofunpredicted obstacles or emergencies in accordance with the operator's manuaL
2118. Each sUAS operation must be completed with 25% battery power remaining. 19. The operator must obtain an Air Traffic Organization (ATO) issued Certificate of Waiver or Authorization (COA) prior to conducting any operations under this petition of exemption. This COA will also require the operator to request a Notice to Airman (NOT AM) not more than 72 hours in advance, butnot less than 48 hours prior to the operation. 20. All aircraft operated in accordance with this exemption must be identified by serial number, registered in accordance with 14 CFRpart47, and have identification (N-Number) markings in accordance with 14 CFRpart45, Subpart C. Markings must be as large as practicable. 21. The operator must develop procedures to document and maintain a record ofthe sUAS maintenance, preventative maintenance, alterations, status ofreplacement/overhaul component parts, and the total time in service ofthe sUAS. These procedures mustbe added to the operator's manual. 22. Each sUAS operated under this exemption must comply with all manufacturer Safety Bulletins. 23. The operator :must develop sUAS technician qualification criteria. These criteria :must be added to the operator's manual. 24. The preflight inspection section in the operator's manual must be amendedto include the following requirement: The preflight inspection must account for all discrepancies, i.e. inoperable components, items, or equipment, not covered in the relevant preflight inspection sections ofthe operator's :manual. 25. Before conducting operations, the radio frequency spectrum used for operation and control ofthe sUAS must comply with the Federal Communications Commission (FCC) or other appropriate government oversight agency requirements. 26. At least three days before scheduled aerial photography and videography, the operator ofthe sUAS affected by this exemption must submit a written Plan ofActivities to the local FSDO withjurisdiction over the area ofproposed aerial photography and videography. The 3-day notification maybe waived with the concurrence ofthe FSDO. The plan ofactivities must include at least the following: a) Dates and times for all flights; b) Name and phone number ofthe operator for the sUAS aerial photography and videography operations conducted under this petition ofexemption; c) Name and phone number ofthe person responsible for the on-scene operation ofthe sUAS; d) Make, model, and serial or N-number ofsUAS to be used; e) Name and certificate number ofsUAS PIGs involved in the aerial photography and videography event; 

### f) A statement that the operator has obtainedpermission from property owners and/or local officials to conduct the aerial photography and videography event; the list of those who gave per:rnission must be made available to the inspector upon request; g) Signature ofexemption-holder orrepresentative; and h) A description ofthe flight activity, includingmaps or diagrams ofany area, city, town, county, and/or state over which aerial photography and videography will be conducted and the altitudes essential to accomplish the operation. 27. The documents requiredunder 14 CFR 

### §§ 91.9 and 91.203 must be available to the PIC at the Ground Control Station ofthe sUAS any time the aircraft is operating. These documents mustbe made available to the Administrator or any law enforcement official
22

### '

upon request. 28. The sUAS must remain clear and yield the right ofway to all other manned operations and activities at all times (including, but not limited to, ultralight vehicles, parachute activities, parasailing activities, hang gliders, etc.). 29. sUAS operations may not be conducted during night, as defined in 14 CFR 

### § 1.1. All operations must be conducted under visual meteorological conditions (VMC). Flights under special visual flight rules (SVFR) are not authorized 30. The sUAS may not be operated by the PIC from any moving device orvehicle. 31. The sUAS 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 PIC. 32. The sUAS may not operate in Class B, C, or D airspace without written approval from the FAA. The sUAS may not operate within 5 nautical miles ofthe geographic center ofa non-towered airport as denoted on a current FAA-published aeronautical chart unless a letter ofagreement with that airport's management is obtained, and the operation is conducted in accordance with a NOT AM as required by the operator's COA. The letter of agreement with the airport management must be made available to the Administrator upon request. 33. Any incident, accident, or flight operation that transgresses the lateral or vertical boundaries ofthe operational area as defined bythe applicable COA must be reported to the FAA's sUAS Integration Office (AFS-80) within 24 hours. Accidents must be reported to the National Transportation Safety Board (NTSB) per instructions contained on the NTSB Web site: www.ntsb.gov. Further flight operations may not be conducted until the incident, accident, or transgression is reviewed by AFS-80 and authorization to resume operations is provided.

23