Brandon Ruby 

1828 La Force Rd 

Alpine, CA 91901 

(619) 606-3158 

brandon@lifegrids.com 

November 12, 2015 

U.S. Department of Transportation, Docket Operations 

West Building Ground Floor, Room wl2-140 

1200 New Jersey A venue, SE 

Washington, DC 20590 

Re: Exemption Request Under Section 333 of the FAA Reform Act and 14 C.F .R. Part 11 to 

allow the use of small 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 of the FAA Modernization and Reform Act 

of2012 ("Reform Act") and 14 C.F.R. Part 11, to respectfully request an exemption from several 

provisions of Title 14 of the Code of Federal Regulations (C.F.R.) to permit the use of small 

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 of an exemption is consistent with Congress' 

intent, reflected in Section 333 of the FAA Reform Act of 2012 1

, that safe systems be permitted 

in the national airspace prior to the issuance of final regulations governing general use of these 

systems? A summary of this 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 of sUAS 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 of waiver 

upon a finding that a type of sUAS, as a result ofits size, weight, speed, operational 

capacity, proximity to airports and populated areas, and operations within visual line of sight 

do not create a hazard to users of the NAS or the public or pose a threat to national 

security. 

1 
' 

Granting my, Brandon Ruby's, request comports with the Secretary of Transportation'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 of such aircraft systems 

[sUASs] in the national airspace system" under Section 333(c) of the Reform Act specific to the 

use of sUASs for aerial photography and videography purposes. Further I, Brandon Ruby, will 

conduct my operations in compliance with the protocols described herein or as otherwise 

established by 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, and maintenance and inspection procedures. 

As I add aircraft designs, I will update this appendix appropriately. 

I. Uackrroupd lpformatiop 

I am pursuing a business of consulting on, and providing sUAS based aerial photography and 

videography for my clients. My clients will look to me for safe operations of sUAS. 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, and Work for Hire 

• Increasing public knowledge of sUAS and promote safe sUAS operations 

• Utility Inspection 

• Agriculture Inspection 

• Search and Rescue 

• sUAS Flight Education and Training 

• sUAS Photography and Videography Education and Training 

ID. Rerulatocy Basjs for Exemptiop Request 

In addition to the waiver authority provided in §333 of the Reform Act, the FAA may grant an 

exemption under 49 U.S. C. §44701(f) if it has determined that such an exemption is in the public 

interest. The FAA has imposed a separate requirement in its procedural regulations, providing 

that the petitioner shall explain why granting the exemption would not adversely affect safety or 

how the exemption would provide at least an equivalent level of safety as compliance with the 

underlying regulation. In this case, approval of this exemption would advance the public interest 

by significantly enhancing the safety and efficiency of sUAS based aerial photography and 

videography providing invaluable service and support to both for-profit industries, as well as to 

not-for-profit organizations, and by providing the FAA with valuable user experience on sUAS in 

a context with appreciable economic and societal benefits. As described more fully below, the 

requested exemption would permit the operation of sUAS under safe conditions, thus ensuring 

that operations will not have an adverse impact on safety. 

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Additionally, Section 333 of the FAA Reform Act authorizes the FAA to exempt aircraft 

from the requirement for an airworthiness certificate based !Jn a consideration of the size, 

weight, speed, operational capability of the particular sUAS, as well as its proximity to 

airports and populated areas. An analysis of these 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 pilot nor passenger, and operate exclusively within a 1.5 miles 

of the pilot's position and always within visual line of sight 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 of operation as is now done with conventional 

photography and videography 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 of operation, location of operation, lack of explosive materials and inability to 

carry a substantial external load. 

Given the size and safe operating area associated with the aircraft to be utilized by me, this meets 

the requirements of an -equivalent level of safety under Pa:rt 11 and Section 333 of the Reform 

Act. My sUASs utilize four (4) counter-rotating propellers 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 .Granting an Exemption will pot Adyersely Affect SafetY 

Please note that there is no applicable standard for an equivalency determination. Some have 

argued that the appropriate staodard is that for model aircraft, noting that their operations, if 

conducted for recreational purposes, would fall completely within the allowable operations for 

model aircraft. I believe it is difficult to argue that there is sufficient correlation between model 

operations controlled by the Academy of Model Aeronautics and .the ones contemplated by me. 

At the same time, it is clear that equivalency cannot be established for traditional, manned civil 

aircraft because 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 an exemption will not adversely affect safety. I will conduct sUAS operations solely 

during daylight hours, at altitudes well below that which would pose a risk to other aircraft. The 

general nature ofoperatioris I anticipate requires that the sUAS be flown at relatively low · 

altitudes and relatively low speeds. I expect that in most instances, the sUAS will be flown less 

than 200 feet from the highest structure along the path of the sUAS. In the event an operation 

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the aircraft is the most important factor in establishing an equivalent level of safety. 

If the PIC has acquired the necessary knowledge of airspace requirements, the relevant issues are 

( 1) where the aircraft will be flown, (2) the size of the aircraft relative to what is being used today 

to accomplish the same mission, and (3) what precautions will be taken to ensure the safety of 

tl;lose in the area of operation. Should there be a mishap, the sUAS being flown pose significantly 

less of a threat than the helicopters and fixed wing aircraft now being employed because they are 

a fraction of the size, carry no flammable fuel, do not carry crew or passengers, and pose an 

infinitesimal risk to others. This is in stark contrast 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 minimum of 200 flight cycles and 25 hours of total 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); 

3) A minimum of 5 hours as sUAS pilot with the make and model of sUAS 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 by the Department of Homeland Security. This requirement 

should ameliorate security concerns over sUAS operations under this exemption. 

I intend to use commercially available sUAS components for my sUASs. These sUAS systems 

will be test flown for quality & safety prior to being deployed to the field The sUASs are less 

than 55 lbs. fully loaded, carries neither a pilot nor passenger, 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 of sUAS that will be 

deployed by me. 

V. PETITION SUMMARY 

Pursuant to Section 333 of the FAA Modernization and Reform Act of2012, Pub. L. No. 112-95 

(2012), 126 Stat. 11 ("Section 333") and the Federal Aviation Administration's ("FAA") general 

exemption authority under 49 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, if granted, would allow me, Brandon Ruby, the Petitioner to operate small, cameramounted unmanned aircraft systems (sUAS) weighing 55 pounds or less for the purpose of aerial 

photography and videography. 

Based on the small size of my, the Petitioner's sUASs, the qualifications and Experience of this 

Petitioner's sUAS operators, and the controlled environment within which I the Petitioner will 

operate, the requested exemptions fall squarely within the zone of safety 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 

s 
manned aircraft carrying crew and flammable fuel with small sUAS carrying no passengers or 

crew and operated under the specific guidelines and procedures proposed by Petitioner gives the 

FAA good cause to find that the sUAS operations enabled by this Petition are in the public 

interest. Thus, supporting the requested exemptions to be granted. 

VI.STATUTORY AUTHORITY 

A. Section 333 

Section 333, titled "Special Rules for Certain Unmanned Aircraft Systems," provides a 

mechanism for seeking expedited FAA authorization of safe civil sUAS operations in the 

National Airspace System ("NAS"). Section 333( a) states that the FAA "shall determine if 

certain unmanned aircraft systems may operate safely in the national airspace system before 

completion of the [comprehensive] plan and rulemaking required by section 332(b)(l) of this Act 

or the guidance required by section 334 of this Act" In Section 332(b )(1 ), Congress made it 

clear that Section 33 3 provides a mechanism for "expedited operational authorization." The FAA 

has committed to complying with this mandate by granting several petitions almost identical to 

the one at hand. 

Section 3 33(b) identifies several factors that the FAA should consider in determining whether 

commercial sUAS operations should be approved. These include sUAS that, "as a result of their 

size, weight, speed, operational capability, proximity to airports and populated areas, and 

operation within visual line of sight do not create a hazard to users of the [NAS] or the public 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 grant exemptions from the FAA's safety regulations and minimum standards when 

the Administrator decides a requested exemption is in the public interest. See U.S.C. § 4470l(f). 

Vll. REQUESTED EXEMPTIONS 

Petitioner requests relief from the following regulations: 

14 C.F .R. Part 21 prescribes, in pertinent part, the procedural requirements for issuing and 

changing design approvals, production approvals, airworthiness certificates, and airworthiness 

approvals. 

14 C.F.R. Section 91.7{a) prescribes, in pertinent part, that no person may operate a civil 

aircraft unless it is in an 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 or Rotorcraft Flight Manual, 

approved manual material, markings, and placards, or any combination thereof. 

14 C.F .R. Section 91.1 03(b)(l) prescribes, in pertinent part, that each pilot in command 

shall, before beginning a flight, become familiar with all available information concerning that 

flight, to include, "For any flight, runway lengths at airports of intended use, and the following 

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takeoff and landing distance information: ... For civil aircraft for which an approved Airplane or 

Rotorcraft Flight Manual containing takeoff and landing distance data is required, the takeoff and 

landing distance data contained therein." 

14 C.F .R. Section 91.119( c) prescribes that, except when necessary for takeoff or landing, 

no person may operate an aircraft below the following altitudes: "Over other than congested 

areas. An altitude of 500 feet above the surface, except over open water or sparsely populated 

areas. In those cases, the aircraft may not be operated closer than 500 feet to any person, vessel, 

vehicle, or structure." 

14 C.F.R. Section 91.121 requires, in pertinent part, 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 sUAS 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 Check list, confrrming the altitude of the launch site shown on 

the GPS altitude indicator before 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. Section 91.151 (a) prescribes that no person may begin 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. 

Operating the sUAS in a pre-defmed area with less than 30 minutes of reserve fuel does 

not raise the type of risk contemplated by §91.151, i.e., that an aircraft could run out of fuel in the 

event it has to be flown to an alternate airport or circle the planned airport in the event of 

unanticipated conditions. I do not intend to use the sUAS for point-to-point flights and will not 

operate the sUAS beyond visual line of sight. 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 of intended landing. As such, there is 

no need for a time- based excess fuel requirement Rather it should be 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. Section 91.203 prohibits, in subpart (a), any person from operating a civil aircraft 

unless it has within it (1) an appropriate and current airworthiness certificate; and (2) an 

effective U.S. registration certificate issued to its owner or, for operation within the United 

States, the second copy of the Aircraft Registration Application as provided for in 

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§ 47.31(c). Section 91.203 prescribes, in subpart (b), that no person may operate a civil aircraft 

unless the airworthiness certificate 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. 

14 C.F .R. Section 91.405(a) requires, in pertinent part, that an aircraft operator or owner 

shall have the aircraft inspected as prescribed in subpart E of the same part and shall, between 

required inspections, except as provided in paragraph (c) of the same section, have 

discrepancies repaired as prescribed in Part 43 of the chapter. 

14 C.F.R. Section 91.407(a)(1) prohibits, in pertinent part, any person from operating an 

aircraft that has undergone maintenance, preventative maintenance, rebuilding, or alteration, 

unless it has been approved for return to service by a person authorized under §43. 7 of this same 

chapter. 

14 C.F .R. Section 91.409(a)(2) prescribes, in pertinent part, that no person may operate an 

aircraft unless, within the preceding 12 calendar months, it has had (1) an annual inspection in 

accordance with part 43 of this chapter and has been approved for return to service by a person 

authorized by §43.7 of this chapter; or (2) an inspection for the issuance of an airworthiness 

certificate in accordance with Part 21 of this chapter. 

14 C.F .R. Section 91.417(a) and (b) prescribes, in pertinent part, that-

( a) Each registered owner or operator shall keep the following records for the periods 

specified in paragraph (b) of this section: 

(1) Records of the maintenance, preventative maintenance, and alteration and 

records of the 1 00-hour, annual, progressive, and other required or 

approved inspections, as appropriate, for each aircraft (including the 

airframe) and each engine, propeller, rotor, and appliance of an aircraft. 

The records must include-

(i) A description (or reference to data acceptable to the Administrator) of 

the work performed; and 

(ii) The date of completion of the work performed; and 

(iii) The signature, and certificate number of the person approving the 

aircraft for return to service. 

(2) Records containing the following information: 

(i) The total time in service of the airframe, each engine, each propeller, 

and each rotor. 

(ii) The current status oflife-limited parts of each airframe, engine, 

propeller, rotor, and appliance. 

(iii) The time since last overhaul of all items installed on the aircraft 

which are required to be overhauled on a specified time basis. 

(iv) The current inspection status of the aircraft, including the time since 

the last inspection required by the inspection program under which 

the aircraft and its appliances are maintained. 

(v) The current status of applicable airworthiness directives (AD) and 

safety directives including, for each, the method of compliance, the 

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AD or safety directive number and revisions date. If the AD or safety 

directive involves recurring action, the time and date when the next 

action is required. 

(vi) Copies of the forms prescribed by§ 43.9(d) of this 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) The records specified in paragraph (a )(I) of this section shall be retained 

until the work is repeated or superseded by other work or for 1 year after 

the work is performed. 

(2) The records specified in paragraph (a)(2) of this section shall be retained 

and transferred with the aircraft at the time the aircraft is sold. 

(3) A list of defects furnished to a registered owner or operator under§ 43.11 

of this chapter shall be retained until the defects are repaired and the 

aircraft is approved for return to service. 

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 meet the part 91 

maintenance requirements. In particular, there are no individuals authorized by the FAA to 

approve a sUAS forreturn to service under §91.407(a) or to conductthe initial airworthiness and 

annual return to service inspections required by §91.409(a). I will maintain the aircraft as 

instructed in the owner's manual, and will not operate the aircraft until it has reasonably 

determined that any needed repairs have been made. However, because of the technical 

impossibility of meeting 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 operated under this request are less than 55 lbs. fully loaded, will be operated at 

a speed of no more than 50 knots, carry neither a pilot nor passenger, 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 with Federal 

Communications Commission ("FCC") requirements, and Petitioner has integrated safety 

features into the sUAS, as described in Petitioner's Flight Operations and Procedures Manual 

("FOPM") and Motion Picture and Television Flight Operation Manual ("MPTFOM") 

(collectively, "operations manuals").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. 

9 
Petitioner's sUASs are equipped with redundant safety mechanisms allowing them to operate 

safely after experiencing certain in-flight failures. If a lost-link event occurs, including the loss of 

ground communications and/or the loss of a 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 security perimeter for landing. The sUAS further have the ability to 

abort a flight in the event ofunpredicted obstacles or emergencies. All flights will be terminated 

after a maximum of 30 minutes or with 25% remaining battery power, whichever occurs first. 

Thus, good cause exists for granting Petitioner's requested relief from 14 C.F.R. § 91.151 (a) 

(setting forth fuel requirements for flight in VFR conditions) .. 

Regarding Petitioner's requested relief from 14 C.F.R. § 45.23 (b), Marking of the Aircraft, 

Petitioner seeks such reliefbecause given the size of the sUAS, two-inch lettering will be 

impossible. Petitioner's sUAS will be identified by serial number, registered in accordance with 

14 CFR part 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 relief from 14 C.F.R. § 91.121 (Altimeter Settings), Petitioner 

seeks such relief because Petitioner will not have a typical barometric altimeter onboard the 

sUAS. Instead, altitude information will be provided to the sUAS PIC via a digitally encoded 

telemetric data feed, which downlinks from the aircraft to a ground-based on-screen display. The 

altitude information will be generated by equipment installed onboard the sUAS, using GPS 

triangulation, digitally encoded barometric altimeter, radio altimeter, or any combination thereof. 

Prior to each flight, a zero altitude initiation point will be established and confirmed for accuracy 

by the sUAS PIC. Thus, good cause exists for granting the requested relief from 14 C.F.R. § 

91.121. 

Given the size, weight, speed, and limited operating area associated with the aircraft to be 

utilized by the 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 of safety under 14 C.F .R. Part 11 and Section 333. The 

sUAS operated without an airworthiness certificate in the restricted environment and under the 

conditions and limitations proposed by Petitioner will be at least as safe, or safer, than a 

conventional aircraft (fixed wing or rotorcraft) operating with an airworthiness certificate issued 

under 14 C.F .R. Part 21, Subpart H, and not subject to the proposed limitations and conditions. 

Petitioner will strictly comply with safety and maintenance procedures included in all applicable 

sUAS manufacturer's instructions and operating manuals. To the extent such information is not 

included in the guidelines developed by the manufacturers, Petitioners will develop and document 

maintenance, overhaul, replacement, and inspection requirements, procedures to document and 

maintain maintenance records with regard to Petitioner's sUAS, and sUAS technician 

qualification criteria. Petitioner's operations manuals will include maintenance requirements for 

Petitioner's sUAS, including "on-condition" maintenance and modifications. 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. 

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B. sUAS Pilot in Command 

Petitioner's sUAS pilot in command (PIC) shall have passed the FAA ground school examination 

and shall hold at least a third-class medical certificate but shall not be required to hold a current 

pilot's license. Since there are no standards for either private or commercial sUAS pilot 

certificates, knowledge of airspace regulations acquired from FAA ground school and dexterity in 

the control and operation of the sUAS acquired from actual operation of the aircraft will be the 

most important factors in establishing an equivalent level of safety. According to the FAA, "the 

FAA considers the overriding safety factor for the limited operations proposed by the petitioner to 

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 Docket No. F AA-2014-0352, at p. 18. With those factors in mind, 

Petitioner's sUAS PIC shall be required to meet several conditions and limitations as outlined in 

the FOPM and MPTFOM, including the following: 

• 

• 

• 

The sUAS PIC will have accumulated and logged a minimum of200 flight 

cycles and 25 hours of total 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). 

The sUAS PIC will have accumulated and logged a minimum of five hours 

of flight time with the specific make and model of the 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 relief from 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 should be granted in light 

of the safety procedures proposed herein. In accordance with the pertinent part of 14 C.F .R. § 

91.7(b), the operator in command of Petitioner's sUAS shall be responsible for determining 

whether the aircraft is in a safe condition for flight. Petitioner's manuals for maintenance and 

operations shall include safety checklists to be used by the operator in command prior to each 

flight. 

Regarding Petitioner's requested relief from 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 Prior to operating, the PIC will be required to pass the knowledge and airmanship test 

qualifications developed by Petitioner for the sUAS. There are no established practical test 

standards that support a jurisdictional FAA FSDO ("Flight Standards District Office") evaluation 

and approval of company designated examiners. Petitioner will conduct these tests in accordance 

with its operations manuals. Given the constraints of the proposed operations, this procedure for 

testing will not adversely affect the safety of the NAS. 

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required), it is Petitioner's understanding that relief from these regulations is no longer necessary 

in light of the FAA Memorandum "Interpretation regarding whether certain required documents 

may be 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 of the mitigating fact that Petitioner will maintain the 

documents required under 14 C.F.R §§ 91.9 and 91.203 at the sUAS ground control station 

during flights. 

Additionally, 100% of Petitioner's operations will 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 the PIC will be able to communicate verbally at all times during 

operational flights. 

Regarding Petitioner's requested relief from 14 C.F.R § 91.103(b)(l), Petitioner will comply 

·with the other applicable procedures and requirements stated in § 91.103( a) and (b). 

Specifically, the PIC will take all actions including reviewing weather, flight battery 

requirements, aircraft performance data, and landing and takeoff distances before initiation of a 

flight. The PIC will also account for all relevant site-specific conditions in their preflight 

procedures. Risks presented by sun glare will be mitigated by the PIC's and VO's ability to see 

other air traffic and initiate a return-to-home sequence if needed 

C. Operating Parameters of Petitioner's sUAS 

Petitioner's sUAS operations will be conducted within a sterile environment of closed-set 

filming. In this controlled environment, Petitioner's operations will remain within VLOS of 

the PIC and VO, below 400 feet AGL, and at speeds below 50 knots. Only participating 

persons will be permitted within the operating area. 5 

Consistent with the relief typically provided to manned operations under FAA Order 8900.1, 

Volume 3, Chapter 8, Section 1, Petitionerrequests relief from 14 C.F.R. § 91.119(c) with 

respect to those participating persons, vehicles, and structures directly involved in the 

performance of the actual filming. Regarding distance from participating 

5 Pursuant to Order 8900.1 V3, C8, S 1, "participating persons" includes all persons 

associated with the filming production. Participating persons will be briefed on the potential 

risk of the proposed flight operations and must acknowledge and accept those risks prior to 

participation. 

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persons, 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 nonparticipating persons, Petitioner will ensure that no persons are 

allowed within 500 feet of the operating area except those consenting to be involved and 

necessary for the filming production, with the possibility of reducing this distance to no less 

than 200 feet if it would not adversely affect safety and the Administrator has approved it. This 

is consistent with FAA Order 8900.1, V3, C8, S 1. 

Petitioner will not conduct sUAS operations within 5 nautical miles of the geographic center of a 

non-towered airport unless a letter of agreement with that airport's management is obtained and 

the operation is conducted in accordance with a Notice to Airmen (''NOT AM"). Additionally, 

Petitioner will not operate in Class B, C, or D airspace without written approval from the FAA. 

Nor will Petitioner operate the sUAS 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. 

Petitioner's sUAS will remain clear and yield the right of way to all manned operations and 

activities at all times (including, but not limited to, ultralight vehicles, parachute activities, 

parasailing activities, and hang gliders). 

Although Petitioner seeks to comply with the waiver process as described in FAA Order 8900.1, 

Volume 3, Chapter 8, Section 1 (Issue a Certificate of Waiver for Motion Picture and Television 

Filming), the current section of Order 8900.1 has specific processes that preclude a jurisdictional 

FAA FSDO from issuing the required Certificate of Waiver, because the section did not 

originally provide for sUAS operations. Thus, Petitioner seeks exemption from the applicable 

regulations normally waived during that process. Petitioner proposes that the FAA include the 

required notifications and coordination with jurisdictional FSDOs through the conditions and 

limitations accompanying the requested exemption, and that the exemption sought herein will 

take the place of the Certificate of Waiver normally issued by a jurisdictional FSDO under 

8900.1. Under this rubric, Petitioner will notify every FSDO with jurisdiction over the area that 

Petitioner plans to operate, just as with manned filming operations, and those FSDOs will have 

the ability to coordinate further conditions and limitations with the sUAS Integration Office to 

address any local concerns. 

Petitioner will obtain an Air Traffic Organization ("ATO") issued Certificate of Waiver or 

Authorization ("CO A'') prior to conducting any operations under this 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 

The enhanced safety achieved by replacing significantly larger manned aircraft carrying crew 

and flammable fuel with small sUAS carrying no passengers or crew and operated under the 

specific guidelines and procedures proposed by Petitioner gives the FAA good cause to find that 

the sUAS operations enabled by the instant Petition are in the public interest. Moreover, as the 

13 
FAA has already recognized, "sUAS provide an additional tool for the filmmaking industry, 

adding a greater degree of flexibility, which supplements the current capabilities offered by 

manned aircraft.'' 

IX. CONCLUSION 

For the foregoing reasons, the regulatory exemptions requested herein should be granted and 

Petitioner should be permitted to conduct small sUAS operations for the purpose of aerial 

photography and videography. 

X. Support for J!etition for Exempting 

In accordance with the procedural requirements of 14 C.F .R. § 11.81, the following information is 

provided: 

Contact Information: 

Brandon K. Ruby 

1828 La Force 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 conduct the contemplated 

operations. In some instances, relief is needed because relief from another provision renders 

compliance with the regulation at hand 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 believes that additional relief is required for me to conduct the operations described 

here, I request an exemption from any such regulatory provisions as well. 6 

6 For example, 14 C.F .R. §9 1.417( a) imposes certain maintenance record keeping 

requirements "as applicable". Since none of the underlying requirements (e.g., inspection 

intervals) can be met and will require an exemption, I believe a separate exemption should 

not be required for §91.417(a). 

14 
Please do not hesitate to contact me at the phone number or via the e-mail address provided above 

should you have any questions or concerns. 

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 1 User 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 User Manual 

( 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 of Relief Sought: 

Petitioner Brandon Ruby seeks relief from 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 or controlled land, solely during 

daylight hours, to assist in the safe evaluation and analysis of infrastructure and operations. In 

general, sUAS operations are intended to be conducted in areas remote from both congested 

areas and airports. The nature of operations anticipated by 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 of the sUAS and in no instances 

will be flown higher than 400 feet above the ground. Accordingly, the risk of interference with 

other aircraft is minimal. 

16 
AppendixB 

sUAS specific types, make, and model 

#1-DJI Inspire 1 

See Enclosed DJI Inspire 1 Manuals: 

(1) DJI Inspire 1 User Manual 

(2) DJI Inspire 1 Safety Guidelines 

(3) DJI Inspire 1 Maintenance Manual 

(4) DJI Inspire 1 InteUigent Flight Battery Safety Guidelines 

17 
#2-DJIPhantom3 

See Enclosed DJI Phantom 3 Manuals: 

(5) DJI Phantom 3 User Manual 

(6) DJI Phantom 3 Safety Guidelines 

(7) DJI Phantom 3 Intelligent Flight Battery Safety Guidelines 

18 
AppendixC 

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) if communication signal were to be severed. If the sUAS loses 

communications, the sUAS will have capability to return to a pre-determined location 

within the Security Perimeter and land. 

2. Auto descent (landing) ifbattery were to drop lower than nominal leveL 

3. Flights will be terminated at 25% battery power reserve. 

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 of launch. 

8. 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. 

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 of signal severance (flying behind objects/walls). 

10. The sUAS will weigh less than 55lbs. and travel at less than 50 knots. 

11. Batteries should far exceed the capacity required for actual flight time. 

12. Flights will be operated at an altitude of no more than 400 feet AGL. 

13. UA operated under this exemption will be marked in accordance with 14 CFR part 45 

or as otherwise authorized by the FAA. 

Personnel: 

1. Visual Observers ("VO") ensure safe operation and act as a redundant set of eyes 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 of the safety perimeter be present for this briefmg. 

4. The operator will obtain the consent of all 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. 

19 
7. Pilot and observer will have been trained in operation of sUAS 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 of exemption are limited to the following 

aircraft described in Appendix B. Proposed operations of any 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 of no 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) of the 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 of exemption must be 

maintained and made available to the Administrator upon request. If a discrepancy exists 

between the conditions and limitations in this exemption and the procedures outlined in the 

operator manuals, 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 it is in a condition for safe 

flight. If the inspection reveals a condition that affects the safe operation of the 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, must be 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 of a 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 aircraft records 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 must be included in the 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 (if used); and 

j) Any other components as determined by the operator; 

10. Prior to operations conducted for the purpose of commercial 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 of total 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 of exemption 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 Prior to operations conducted for the purpose of aerial photography and videography, 

the PIC must have accumulated and logged, in a manner consistent with 14 CFR § 

61.5l(b), a minimum of five hours as sUAS pilot operating the make and model 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-off and 

landing currency flights can be conducted under this petition of exemption to accomplish 

the required flight time and 90 day currency. During training, proficiency, experiencebuilding, and take-off and 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 of exemption, the PIC and VO 

must have successfully completed a qualification process, as outlined in the operator's 

manual. As this is a requirement stipulated by the operator, the test must be developed and 

implemented by a qualified person designated at the sole discretion of the operator. A 

record of completion of this qualification process must be documented and made available 

to the Administrator upon request. 

13. Prior to operations conducted for the purpose of aerial 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 established practical test standards that support 

a jurisdictional FAA FSDO evaluation and approval of company 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 or property on the 

surface in the event of a 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 must be 

essential to the operations. 

16. If the sUAS loses communications or loses its GPS signal, the sUAS must return to a 

pre-determined location within the security perimeter and land or be 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 

21 
18. 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, but not 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 CFR part47, and have identification (N-Number) 

markings in accordance with 14 CFR part 45, Subpart C. Markings must be as large as 

practicable. 

21. The operator must develop procedures to document and maintain a record of the sUAS 

maintenance, preventative maintenance, alterations, status of replacement/overhaul 

component parts, and the total time in service of the sUAS. These procedures must be 

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 amended to 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 of the operator's :manual. 

25. Before conducting operations, the radio frequency spectrum used for operation and 

control of the 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 

of the sUAS affected by this exemption must submit a written Plan of Activities to the local 

FSDO with jurisdiction over the area of proposed aerial photography and videography. The 

3-day notification may be waived with the concurrence of the FSDO. The plan of activities 

must include at least the following: 

a) Dates and times for all flights; 

b) Name and phone number of the operator for the sUAS aerial photography and 

videography operations conducted under this petition of exemption; 

c) Name and phone number of the person responsible for the on-scene operation of the 

sUAS; 

d) Make, model, and serial or N-number of sUAS to be used; 

e) Name and certificate number of sUAS PIGs involved in the aerial photography and 

videography event; 

f) A statement that the operator has obtained permission 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 of exemption-holder or representative; and 

h) A description of the flight activity, including maps or diagrams of any 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 required under 14 CFR §§ 91.9 and 91.203 must be available to the PIC 

at the Ground Control Station of the sUAS any time the aircraft is operating. These 

documents must be made available to the Administrator or any law enforcement official 

22 
' 

upon request. 

28. The sUAS must remain clear and yield the right of way 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 or vehicle. 

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 of a 

non-towered airport as denoted on a current FAA-published aeronautical chart unless a 

letter of agreement with that airport's management is obtained, and the operation is 

conducted in accordance with a 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 of the operational area as defined by the 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