December 1 , 2015

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

Exemption Request § 333 of the FAA Reform Act of the Federal Aviation Regulations from 14 CFR § 21; 61.113 (a) & (b); 61.133 (a); 91.7 (a); 91.9 (b); 91.109 (a); 91.119 (c); 91.121; 91.151 (a); 91.203; 91.405 (a); 91.407 (a) (1); 91.409 (a) (2); 91.417 (a) & (b).

Dear Sir or Madam, Pursuant to § 333 of the FAA Modernization and Reform Act of 2012 (the Reform Act) and 14 C.F.R. Part 11, DTX Media, LLC, operator of Small Unmanned Aircraft Systems (sUAS) equipped to conduct aerial filming and photographing real

- estate, aerial inspections, motion pictures, and other applicable areas for pre

- planned, controlled areas, hereby applies for an exemption from the listed Federal Aviation Regulations (FARs) to allow commercial operation of its sUASs, so long as such operations are conducted within and under the conditions outlined herein or as may be established by the Federal Aviation Administration (FAA) as required by § 333. As described more fully below, the requested exemption would permit the operation of small, unmanned and multi

- rotor aircraft under controlled conditions in airspace
that is contained, has on

- site safe ty personnel controlling access, and would provide increased safety and enhancements to clients' business operations. We are prepared to modify or amend any part of this request to satisfy the need for an equivalent level of safety. We look forward to wor king with your office. Please contact us at any time if you require additional information or clarification.

APPLICANT DTX Media, LLC

Attn: Jonathan Carroll 2633 McKinney Ave #130

- 124 Dallas, TX 75204

214

- 810

- 5570 jc@dtxmedia.com

BACKGROUND OF PETITION ER DTX Media, LLC has been using manned aircraft to capture photography and video for several years. Due to client demand, public interest, environmental advantages, economic advantages and safety advantage, DTX Media, LLC plans to offer s UAS aerial photo graphy and videography in addition to manned aircraft services and in place of manned aircraft services when deemed appropriate.

DTX Media, LLC currently plans to operate three different types of s UASs: DJI Phantom 3 Pro, DJI Inspire 1 and the DJI s900PUBLIC INTEREST AND HOW THE PUBLIC WILL BENEFIT The exemption request will permit DTX Media, LLC to operate sUASs commercially for the purpose of aerial photography and video of real

- estate, aerial inspections, motion pictures, and other applicable areas . This would benefit the economy by reducing the cost to get stable aerial video and photography, especially in remote areas which would require long ferry times for manned aircraft. Being battery powered as opposed to gasoline / jet fuel, our UAS are not combustible (safer) and do not pollute the air with exhaust emissions (better for the environment). They also cut down on noise pollution that may bother wildlife or livestock in remote areas.

PUBLIC SAFETY Utilizing DTX Media, LLC sUAS s for aerial phot ography and video will not have detrimental effects to the environment caused by operating a combustible fuel based, large scale manned aircraft. Whether helping to protect the public, inspecting infrastructure or acquiring aerial imagery, our services wi ll provide real

- time situational awareness, enabling better decision

- making. Better decision

- making saves lives and protects property.

REGULATIONS FROM WHICH THE EXEMPTION IS REQUESTED:

14 CFR Part 21 14 CFR 61.113 (a) & (b) 14 CFR 61.133 (a)

14 C.F.R . 91.7 (a) 14 CFR 91.9 (b) (2) 14 C.F.R. 91.109 (a)

14 C.F. R. 91.119

14 C.F.R. 91.121 14 CFR 91.151 (a) 14 CFR 91.203 (a) & (b) 14 CFR 91.405 (a) 14 CFR 407 (a) (1) 14 CFR 409 (a) (2) 14 CFR 417 (a) & (b)

14 C.F.R. 21: Certification Procedures f or Products and Parts This section outlines requirements for the issue of design and production approvals, airworthiness certificates, and other airworthiness approvals. DTX Media, LLC is aware that if an exemption is granted as per Section 333, an airwor thiness certificate would be issued and a request for exemption from Part 21 is unnecessary. However, as outlined in the Limitations and Conditions in this application, as well as all DTX Media, LLC’s standard safety and maintenance measures, DTX Media, LL C seeks to uphold the same level or exceeded level of safety as described in Part 21 of 14

C.F.R.

14 C.F.R. § 61.113 (a) & (b), 61.133 (a): Private Pilot Privileges and Limitations: Pilot in Command. Commercial Pilot Privileges and Limitations.

Sections 61.113 (a) & (b) limit private pilots to non

- commercial operations. Because the UAS will not carry a pilot or passengers, the proposed operations can achievethe equivalent level of safety of current operations by requiring the PIC (Pilot in Command) oper ating the aircraft to have a private pilot’s license rather than a commercial pilot’s license to operate this small UAS. Unlike a conventional aircraft that carries the pilot and passengers, the sUAS is remotely controlled with no living thing on board. Th e area of operation is controlled and restricted, and all flights are pla nned and coordinated in advance. DTX Media’s level of safety protocols exceed that provided by a single individual holding a commercial pilot’s certificate operating

a conventional ai rcraft. The risks associated with the operation of the sUAS are so diminished from the level of risk associated with commercial operations contemplated by Part 61 when drafted, that allowing operations of the sUAS as requested with a private pilot as the P IC exceeds the present level of safety achieved by 14 C.F.R. §61.113 (a) & (b).

14 C.F.R. § 91.7 (a): Civil aircraft airworthiness. The regulation requires that no person may operate a civil aircraft unless it is in airworthy condition. As there will b e no airworthiness certificate issued for the aircraft, should this exemption be granted, no FAA regulatory standard will exist for determining airworthiness. A n equivalent level of safety will be provided , especially given the size of the aircraft

.

14 C.F.R. § 91.9 (b) (2): Civil Aircraft Flight Manual in the Aircraft.

Section 91.9 (b) (2) provides: No person may operate a U.S.

- registered civil aircraft

...

(2) For which an Airplane or Rotorcraft Flight Manual is not required by §21.5 of this

cha pter, unless there is available in the aircraft a current approved airplane or Rotorcraft Flight Manual, approved manual material, markings, and placards, or any combination thereof. The sUAS, given its size and configuration has no ability or place to car ry such a flight manual on the aircraft, not only because there is no pilot on board, but because there is no room or capacity to carry such an item on the

aircraft.

14 C.F.R. § 91.109 (a): FLIGHT INSTRUCTION

Section 91.109 provides that no person ma y operate a civil aircraft (except a manned free balloon) that is being used for flight instruction unless that aircraft has fully functioning dual controls. UAs and remotely piloted aircraft, by their design do not have fully functional dual controls. Fli ght control is accomplished through the use

of a control box that communicates with the aircraft via radio communications. The FAA has approved exemptions for flight training without fully functional dual controls for a number of aircraft and for flight in struction in experimental aircraft.

14 C.F.R. § 91.119: Minimum safe altitudesSection 91.119 establishes safe altitudes for operation of civil aircraft. Section 91.119 (d) allows helicopters to be operated at less than the minimums prescribed, provid ed the person operating the helicopter complies with any route or altitudes prescribed for helicopters by the FAA. As this exemption is for a sUAS that is a helicopter and the exemption requests authority to operate at altitudes up to 300 AGL, or not more than 200 above an elevated platform from which filming is planned, an exemption may be needed to allow such operations. As set forth herein, the UAS will never operate at higher than 300 AGL. It will however be operated in a restricted area with security p erimeter, where buildings and people will not be exposed to operations without their pre

- obtained consent. The equivalent level of safety will be achieved given the size, weight, speed of the sUASs as well as the location where it is operated. No flight wi ll be taken without the permission of the property owner or local officials. Because of the advance notice to the property owner and participants in the activity, all affected individuals will be aware of the planned flight operations

.

14 C.F.R. § 91.121 Altimeter Settings This regulation requires each person operating an aircraft to maintain cruising altitude by reference to an altimeter that is set “...to the elevation of the departure airport or an appropriate altimeter setting avail able before departure.” As the sUAS may not have a barometric altimeter, but instead a GPS altitude read out, an exemption is needed. An equivalent level of safety will be achieved by the operator confirming the altitude of the launch site shown on the GPS altitude indicator before flight.

14 C.F.R. § 91.151 (a): Fuel Requirements for Flight in VFR Conditions This regulation prohibits an individual from beginning “a flight in an airplane under VFR conditions unless (considering wind and forecast weather conditions) there is enough fuel to fly to the first point of intended landing, and, assuming normal cruising speed

– (1) During the day, to fly after that for at least 30 minutes; or (2) At night, to fly after that for at least 45 minutes.” The battery p owering the sUAS provides at max 35 minutes of powered flight. To meet the 30 minute reserve requirement in 14 CFR § 91.151, sUASs flights would be limited to approximately 5 minutes in length , sometimes no flight at all . Given the limitations on the UAS’s proposed flight area and the location of its proposed operations within a predetermined area, a longer time frame for flight in daylight or night VFR conditions is reasonable. Limiting sUAS flights to 5 minutes would gr eatly reduce the utility for which the exemption will be granted. An equivalent level of safety can be achieved by limiting flights to 2 0 minutes or 25% of battery power whichever happens first. This restriction would be more than adequate to return the sU AS to its planned landing zone from anywhere in its limited operating area.

14 C.F.R. § 91.203 (a) and (b): Carrying Civil Aircraft Certification and Registration The regulation provides in pertinent part: (a) Except as provided in § 91.715, noperson may operate a civil aircraft unless it has within it the following: (1) An appropriate and current airworthiness certificate. . . . (b) No person may operate a civil aircraft unless the airworthiness certificate required by paragraph (a) of this

section or a special flight authorization issued under §91.715 is displayed at the cabin or cockpit entrance so that it is legible to passengers or crew. The sUAS fully loaded weighs no more than 55 lbs. and is operated without an onboard pilot. As
such, there is no ability or place to carry certification and registration documents or to display them on the sUAS. An equivalent level of safety will be achieved by keeping these documents at the ground control point where the pilot flying the sUAS

will have immediate ac cess to them, to the extent they are applicable to the sUAS.

14 C.F.R. § 91.405 (a); 407 (a) (1); 409 (a) (2); 417 (a) & (b): Maintenance Inspections These regulations require that an aircraft operator or owner “shall have that aircraft inspected as pr escribed in subpart E of this part and shall between required inspections, except as provided in paragraph (c) of this section, have discrepancies repaired as prescribed in part 43 of this chapter...,” and others shall inspect or

maintain the aircraft in c ompliance with Part 43. Given that these section and Part 43 apply only to aircraft with an airworthiness certificate, these sections will not apply to the applicant. Maintenance will be accomplished by the operator on a regular basis to achieve an equival ent or higher level of safety

. The small UASs are very limited in size and will carry a small payload and operate only in restricted areas for limited periods of time. If mechanical issues arise the sUAS can land immediately and will be operating from no h igher than 300 feet AGL. The operator will ensure that the sUAS is in working order prior to initiating flight, perform required maintenance, and keep a log of any maintenance performed. Moreover, the operator is the person

most familiar with the aircraft and best suited to maintain the aircraft in an airworthy condition to provide the equivalent level of safety.CONCLUSION

As set forth herein, DTX Media, LLC seeks an exemption pursuant to 14 C.F.R. §

11.61 and Section 333 of the FAA Modernization and Reform Act of 2012 from the requirements of 14 CFR § 21; 61.113 (a) & (b); 61.133 (a); 91.7 (a); 91.9 (b); 91.109 (a); 91.119 (c); 91.121; 91.151 (a); 91.203; 91.405 (a); 91.407 (a) (1); 91.409 (a) (2); 91.417 (a) & (b), which will permit safe operation of the sUASs commercially, without an airworthiness certificate, for the limited purpose of conducting aerial imagery over small, defined operational areas of the United States.

Approval of the exemption allowing commercial operations of DTX Media, LLC

sUA Ss will increase safety and will also encourage the education of sUAS operators and the adoption of FAA guidelines and approval for commercial sUAS operations as pertains to DTX Media, LLC employees and contractors. It will allow DTX Media, LLC to provide a service that benefits the public and local businesses. It benefits the public through a higher level of safety of sUAS operations and through a smooth integration of sUASs into the National Airspace System ( NAS ) . Having a pilot owned business bridges the gap between the advancement of sUAS technology and the current practices and operations in the NAS and with the FAA. This assists the FAA with its mission of promoting aviation while preserving safety of aviators, the public, and property. The sUASs opera ted by DTX Media, LLC satisfies the criteria set forth in § 333 of the Reform Act

– size, weight, speed, operating capabilities, operation within visual line of sight, and national security

– and showing an equivalent level of safety to manned aircraft flights through appropriate pilot certification and safety focused standards of operation, providing more than adequate justification for the grant of the requested exemptions allowing commercial operations.

By granting this Petition, the FAA Administrator will be fulfilling the Congressional mandate of the FAA Modernization and Reform Act of 2012, while also advancing the interests of the public, by allowing DTX Media, LLC to safely, efficiently, and economically operate the sUASs commercially within the NAS.

We are prepared to modify or amend any part of this request to satisfy the need for an equivalent level of safety. We look forward to working with your office. Please contact us at any time if you require additional information or clarification.

Thank you,

Jonathan Carroll

Manager DTX Media, LLC