Pinebark Media LLC

515D West Benton Street

Siloam Springs, AR 72761

U.S. Department of Transportation

Docket Management System

1200 New Jersey Ave., SE

Washington DC 20590

Dear Sir or Madam,

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

Media LLC requests relief from the requirements of the Federal Aviation Regulations (FARs) listed

below for the purpose of commercially operating a small Unmanned Aircraft System (sUAS). This

exemption will allow Pinebark Media LLC to operate a DJI Phantom 3 Professional UAS for the purpose

of conducting aerial videography and photography of real estate, film sets, and special events.

Pinebark Media LLC is a professional media production company located in the Northwest

Arkansas area, offering video services to individuals, small businesses, large corporations, and

nonprofit organizations. If granted this exemption, Pinebark Media LLC will also be able to provide

quality aerial imaging to the local market in a safe and responsible manner. By conducting each flight

safely, following preflight procedures and complying with safety standards, Pinebark Media will be in

a position to set an example of proper UAS operation for hobbyists and contribute to the goal of

safely integrating sUAS operations into the National Airspace System (NAS).

REGULATIONS FROM WHICH THE EXEMPTION IS REQUESTED​:

14 CFR Part 21 subpart H

14 CFR 45.23

14 CFR 91.7 (a)

14 CFR 91.9 (b) (2)

14 CFR 91.103

14 CFR 91.109

14 CFR 91.119 (c)

14 CFR 91.121

14 CFR 91.151 (a)

14 CFR 91.203 (a) and (b)

14 CFR 91.405 (a)

14 CFR 91.407 (a) (1)

14 CFR 91.409 (a) (2)

14 CFR 91.417 (a) and (b)
EXTENT OF RELIEF AND WHY:

14 CFR Part 21 subpart H

The size, weight, speed, and limited operational area of the proposed UAS permits exemption from

Part 21 because the DJI Phantom 3 Professional meets an equivalent level of safety pursuant to

Section 333 of the FMRA.

14 CFR 45.23

The small size of the UAS as well as the absence of a cabin, cockpit, or pilot station preclude the ability

to display markings in compliance with this regulation. Dimensions would be smaller than the

required minimum and would not be legible from any reasonable distance.

14 CFR 91.7 (a)

As there will be no airworthiness certificate for the aircraft following exemption from 14 CFR Part 21

subpart H, no FAA regulatory standard will exist for determining airworthiness. The size of the aircraft

and use of safety checklists prior to each flight will ensure an equivalent level of safety.

14 CFR 91.9 (b) (2)

The extremely small size of the UAS precludes the ability to carry a flight manual on the aircraft, and

no pilot will be on board to carry it. To achieve an equivalent level of safety, a flight manual will be

kept at the control point on the ground where the pilot will have immediate access.

14 CFR 91.103

As Pinebark Media will be operating a DJI Phantom 3 Professional UAS, which takes off and lands

vertically, it is impossible for the PIC to calculate takeoff and landing distances. To ensure an

equivalent level of safety, other preflight procedures will be established to review weather, battery

level, and aircraft status.

14 CFR 91.109

UAS and remotely piloted aircraft do not have fully functional dual controls. Because flight control is

achieved through radio transmitter, an equivalent level of safety is achieved because neither pilot nor

passenger can be carried in the aircraft. In the case of flight instruction, control of the UAS can be

surrendered to the instructor as immediately as if dual controls were available.

14 CFR 91.119 (c)

Given the existing operating ceiling for UAS operation of 400ft AGL, exemption from this regulation is

necessary. To ensure an equivalent level of safety, Pinebark Media will ensure all UAS operations are

conducted in areas cordoned off from those not involved, maintaining minimum safe distances from

non-participating personnel and structures.
14 CFR 91.121

This UAS specified in this petition does not have a barometric altimeter, but rather a GPS altitude read

out. The operator will receive live flight data from the UAS confirming current altitude from the

launch site to ensure an equivalent level of safety.

14 CFR 91.151 (a)

Because the DJI Phantom 3 Professional provides a maximum flight time of approximately 23 minutes,

meeting the 30 minute reserve requirement in this regulation is impossible. However, an equivalent

level of safety can be provided by limiting flights to end with a 25% battery reserve, and keeping all

flights within the Visual Line of Sight of the PIC.

14 CFR 91.203 (a) and (b)

As with 14 CFR 91.9 (b) (2), the UAS is unable to carry certification and registration documents on the

aircraft due to its extremely small size. Any documents pertinent to the UAS will be kept at the ground

control point immediately accessible by the pilot.

14 CFR 91.405 (a), 14 CFR 91.407 (a) (1), 14 CFR 91.409 (a) (2), 14 CFR 91.417 (a) and (b)

As these sections only apply to aircraft with an airworthiness certificate, these sections to not apply to

this aircraft. To ensure an equivalent level of safety, the PIC will perform a visual preflight inspection

before each flight to ensure full working condition, as well as regular firmware updates to both the

aircraft and transmitter. Additionally, the flight software will not allow takeoff of the aircraft if

maintenance is required.

AIRCRAFT AND EQUIVALENT LEVEL OF SAFETY

The operational limitations to which the applicant agrees to adhere to when conducting commercial

operations under the FAA issued exemption include:

● The UAS will weigh less than 55 lbs.

● The UAS will have a maximum airspeed of 45 miles per hour.

● Minimum crew for each operation will consist of the UAS Pilot in Command (PIC) and Visual

Observer (VO).

● Maximum flight time for each flight will be 30 minutes or at 25% of battery power reserve,

whichever comes first.

● Flights will not exceed an altitude of 400 feet AGL as indicated by onboard GPS system.

● A briefing will be performed regarding the planned UAS operations prior to each day’s flight,

and all personnel performing duties within the boundaries of the safety perimeter are

required to attend.

● The operator will obtain written/verbal consent of all persons involved with the planned

operation and ensure that only consenting persons be allowed within 100 feet of the flight

operation.
● The PIC and VO will be able to communicate verbally without the assistance of radio devices

at all times.

● The UAS will have the capability to abort a flight in case of unpredicted obstacles, weather, or

emergencies.

● In the case of the UAS losing communication with the operator, the UAS will have the

capability to return itself to a pre-determined location within the safety perimeter and land

safely.

● All required permissions and permits will be obtained from territorial, state, county, or city

jurisdictions, including local law enforcement or other managing governmental agencies.

● The operator will obtain consent from the property owner/controller where flight operations

will be conducted.

● UAS operations will not be conducted at night.

● All flight operations will be entered into a log book, with all records available for viewing by

governing agencies.

SUMMARY

Pursuant to 14 CFR Part 11, the following summary is provided for publication in the Federal Register,

should it be determined that publication is needed.

Pinebark Media LLC seeks an exemption from the following regulations:

14 CFR Part 21 subpart H, 45.23, 91.7 (a), 91.9 (b) (2), 91.103, 91.109, 91.119 (c), 91.151 (a), 91.121,

91.203 (a) and (b), 91.405 (a), 91.407 (a) (1), 91.409 (a) (2), 91.417 (a) and (b) to operate commercially

a small Unmanned Aerial System (sUAS) for the purpose of conducting aerial videography and

photography of real estate, film sets, and special events.

As established by UAS exemptions already granted by the FAA, allowing commercial operations of

UASs for aerial videography and photography purposes will be in the public interest and benefit the

public as a whole for several reasons.

1. Enhancing safety and reducing risk.​Conventional methods for aerial videography and

photography such as using fixed wing or rotor aircraft that operate at low altitudes present

greater risk due to their larger mass, combustible fuel, and inherent need to travel to and

from the filming location. In contrast, an sUAS weighing less than 55 pounds and powered by

batteries eliminates nearly all of these risks.

2. Reduced levels of air and noise pollution. ​Traditional aircraft used for aerial imaging

operations require large amounts of fuel, and create noise pollution far beyond the area of

operation. The small size of an sUAS as well as its battery powered motors allow it to fly

without creating any air pollution, and reduces noise pollution to a negligible amount beyond

the immediate area of operation.
3. Expanding availability of affordable aerial imaging.​ The small size of the sUAS, its lack of need 

for expensive fuel, as well as the ability to take off and land at the area of operation all 

contribute to it being a low cost alternative to traditional means of aerial imaging. This will 

allow smaller businesses to have access to aerial imaging that they previously would not have 

been able to afford. This will help smaller businesses remain competitive and strengthen the 

economy as a whole. 

Satisfaction of the criteria provided in Section 333 of the FAA Modernization and Reform Act of 2012 

provide more than adequate justification to grant Pinebark Media LLC the requested exemption, 

allowing for Pinebark Media LLC’s commercial UAS operations. Any questions or requests for further 

information can be directed to the petitioner at 479-215-6594 or at jonathan@pinebarkmedia.com. 

Sincerely, 

Jonathan Daniel 

Owner/Operator 

Pinebark Media LLC