U.S. Department ofTransportation, Docket Operations 

West Building Ground Floor, Room w12-140 

1200 New Jersey Avenue, SE., Washington, DC 20590 

TOPIC: Petition for Exemption 333 

Dear Sir/Madam: 

1 ) 

i 

Roy Brooks (DBA High Above Texas) 

P.O. Box 1991 

Abilene. Texas 79604 

February 9, 2015 

I, Roy Brooks (from now on referred to as applicant) - hereby submit this petition for exemption under Section 333; FAA 

Modernization and Reform Act of2012, Public Law 112-95 FEB. 14,2012, so that the applicant can operate an unmanned aerial 

vehicle (from now on referred to1!S~etal1)hotography and video business. The applicant has earned an income in 

photography, film and video beginning in 1975 and in 2005 began operating High Above Texas as an entity specializing in aerial 

imaging. The applicant requests this exemption in order to act as pilot-in-command for a UAV. 

As described below, the requested exemption would permit the operation of a UAV as set forth in this document under conditions in 

that would be a) limited b) controlled c) predetermined and d) safe. It is the applicant's intention to fully comply with and honor the 

intent and spirit of current regulations and all pending and future requirements that now or will apply to the professional operation of 

a UAV. Furthermore, the applicant will not operate a UAV weighing more than 20 pounds. 

Pursuant to Section 333 of the FAA Modernization and Reform Act of 2012 (the "Reform Act") and 14 CFR Part 11 , the applicant and 

operator of the video/photography company High Above Texas, hereby applies for an exemption from the listed Federal Aviation 

Regulations so that the applicant can engage in the commercial operation of a UAV, provided such operations are conducted within 

and under the conditions outlined herein or as may be established by the FAA as required by Section 333. Exemption Request 

Pursuant to Section 333 of the FAA Reform Act and specific Federal Aviation Regulations from as specified: 

The specific sections of 14 C.F.R from which I am seeking exemption are as follows: 

14 C.F.R. Part21; 

14 C.F.R. 45.23(b); 

14 C.F.R. 61.101 (e)(4), & (5); 

14 C.F.R. 61.113(a) & (b); 14 C.F.R. 61.133 (a); 

14 C.F.R. 61.23(a) & @; 14 C.F.R 91.7(a) 

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

Commercial operation of an UAV, as described herein, which are equipped with camera(s) and sensors, would provide professional 

services in the following areas: 

1. Aerial photography and/or video for public and/or private use including agricultural features to include 

plowed fields, harvest of fields, planting of fields - real estate -architecture--land surveying. 

2. Aerial video and/or photography for public and/or private use including television news-gathering but not 

within close proximity of people nor directly above them nor in the direct flight path of people and not to provide personal features 

that could identify a person or persons and as otherwise mandated by FAA requirements in regard to proximity of a person or person 

or groups or gatherings of people. 

3. Aerial inspection/photography of residentiaVcommercial structures under contract with the owners or local 

government authority. 

4. Aerial inspection/photography of residential/commercia/ utility infrastructure including but not in close or unsafe 

proximity to electrical power lines, wind turbines and cell towers only while the UAV remains clear of and a safe distance any facility, 

device, power line and or generating facility and not directly above previously referenced items. 

5. Aerial video/photography or providing live video feed to assist with search and rescue operations in cases of an emergency or natural disaster when local authorities or government organizations have requested autstance. I do not plan 

on, nor will ask for compensation or even cost-share when assisting such agencies. 

6. Training to persons individually or belonging to private and/or public organizations to increase awareness and improve 

safety for current and future UAV operations within the NAS. 

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It is the applicanfs purposeful intention to never make a flight will over densely populated areas or over private property - without the 

owner of such private property owner having knowledge of and granting permission of a UAV flight for the purpose of recording 

video or still images. 

The applicant, owns a hand-held nav/com (previously used as a back-up communications device in aircraft owned by applicant) and 

will keep in his possession this device (for the purpose of monitoring-only) so that applicant can monitor Common Traffic Advisory 

Frequencies (CTAF) and other aviation sources, to further facilitate safety and accommodate aircraft that could or might be in 

proximity to UAV operations that might be transitioning in the area of the UAV operations. The applicant is proficient in, and has 

experience and skills in using language and terminology commonly used in aircraft-to-tower, aircraft-to-ground, aircraft-to-approach, 

aircraft-to-departure frequencies and other frequencies and facilities typically used in aircraft communications. 

Approval of this exemption would allow the applicant to use his professional background to increase public awareness of UAV 

operations and enhance safety to aid in fulfilling the Secretary of Transportation goals in regard to operation of UAV. 

ADDITIONAL APPLICANT BACKGROUND INFORMATION 

""" ___ The applicant eamed a JiegreejrLMasaCommunication from the Universityc-Qf-Texas at El Paso with spec;iallzation in film and 

television. The applicant is a former faculty member of Abilene Christian University (ACU) in Abilene, Texas and taught television/ 

video production classes. The applicant has donated professional services and materials on numerous occasions to several nonprofit charitable organizations- the last production done for Noah Project of Abilene, Texas- a shelter providing relief to victims of 

family violence. Previous donations-of-services dates to 1985 when the applicant traveled to Central America and co-piloted a 

Maule MX7235 from Texas into Mexico and to Belize City, Belize -where the applicant produced an awareness video free-of-any 

fees or charges for the Belize Center for Environmental Studies (now named the Belize Foundation for Research and Environmental 

Education.) The applicant desires to use a UAV in situations that can benefit non-profit organizations and assist volunteer fire 

departments and law enforcement entities, when requests from these agencies and/or organizations are made to the applicant. The 

services to these organizations and entities will be donated by the applicant without cost, fees or obligations to the entities, 

As a tong-time aviator with no enforcement actions ever taken against the applicant, and as an aircraft builder in the experimental 

category, and the son of a commercial pilot and A&P Mechanic, the applicant is confident that he can maintain a UAV in good flyingcondition and ascertain when mechanical issues could prevent the UAV from making safe flights as needed. Applicant further 

recognizes and states he has the ability to recognize and understand when status of the UAV could require reconditioning or 

overhaul by a professional repair facility. Additionally, with the applicant's longtime background in aviation, the applicant is confident 

and capable of maintaining documents and record-keeping in all areas of UAV ownership and operation to meet or exceed 

requirements as set forth by the Federal Aviation Administration. The applicant is already registered as a UAV operator with the FAA 

having been issued his certificate in December 2015. The applicant began flying lessons at age 12, is currently a licensed pilot and 

was issued a repairman -AIC Builder (certificate# 2515181) on 08-13-93. The applicate constructed, owns and operates a private 

airport, 5TA6 as located on the San Antonio Sectional. The applicant, has also previously built and operated radio-controlled "RC" 

hobby airplanes in the 1970s. The applicant is a veteran of the armed services, U.S. Army, honorably discharged (volunteered for 

service in Vietnam) and last duty-station was at White Sands Missile Range, NM where the applicant held a secret security 

clearance. 

The applicant has previous professional experience for large corporations and state agencies in Texas as a spokesperson in 

broadcast and printed publications to include the Wall Street Journal and is willing to be available to area news media, participate in 

public speaking forums and events and other various platforms when opportunities may become available, to discuss the merits, 

benefits of, and responsibilities of safe operations of UAVs in compliance to FAA requirements. The applicant has had his videos 

presented on CBS News, NBC News, ABC News, CNN and other broadcast outlets. The applicant worked in television news as a 

freelancer in the Soviet Union in 1989 and worked in Somalia arriving one week after U.S. Marines came ashore there to secure the 

airport on December 9, 1992 during Operation Restore Hope. 

The applicant is prepared to modify and/or amend any aspect of this request that may need additional clarity, compliance and/or 

rectification to fully satisfy the need for an equivalent level of safety and compliance. The applicant is able to provide additional and/ 

or other all copies of licenses, certificates, documents, photos, videos, or other items as cited or mentioned in this request. The 

applicant is willing and able to produce any and all above mentioned documents, certificates, records etc mentioned above and can 

present them to any requesting FAA representative in the Abilene FAA offices or Lubbock Flight Standards District Office, upon 

request and applicant will and can travel to these offices at his expense and when convenient to the schedule of any or all FAA staff 

in either location so that staff can examine above mentioned materials. 

Sincerely, 

R~3~ Roy Brooks 

email address, highabovetexas@gmail,com phone, 325-400-2001 (cell 325-660-1530)