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 safety 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 working 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 PETITIONER 

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 sUAS 

aerial photography 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 sUASs:

DJI Phantom 3 Pro, DJI Inspire 1 and the DJI s900
PUBLIC 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 sUASs for aerial photography 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 will 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 for 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 airworthiness 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, LLC 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 achieve 
the equivalent level of safety of current operations by requiring the PIC (Pilot in 

Command) operating 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. The area of operation is controlled and restricted, and all flights are 

planned 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 aircraft. 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 PIC 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 be no airworthiness certificate issued for the 

aircraft, should this exemption be granted, no FAA regulatory standard will exist for 

determining airworthiness. An 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 

chapter, 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 carry 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 may 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. Flight 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 instruction in experimental aircraft. 

14 C.F.R. § 91.119: Minimum safe altitudes 
Section 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, 

provided 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 perimeter, 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 will 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 available 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 powering 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 greatly reduce the utility for 

which the exemption will be granted. An equivalent level of safety can be achieved 

by limiting flights to 20 minutes or 25% of battery power whichever happens first. 

This restriction would be more than adequate to return the sUAS 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, no 
person 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 access 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 prescribed 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 compliance 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 equivalent 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 higher 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 

sUASs 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 operated 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