U.S. Department ofTransportation, Docket Operations West Building Ground Floor, Room w12-140 1200 New JerseyAvenue, 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 ofa 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 ofcurrent 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 UAVweighing more than 20 pounds. Pursuant to Section 333 ofthe FAA Modernization and Reform Act of2012 (the "Reform Act") and 14 CFR Part 11 ,the applicant and operator ofthe video/photography company HighAbove 

### Texas, hereby applies for an exemption from the listed Federal Aviation Regulations so that the applicant can engage in the commercial operation ofa 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 ofthe 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 ofan UAV, as described herein, which are equipped with camera(s) and sensors, would provide professional services in the following areas: 1. Aerialphotographyand/orvideo forpublic and/orprivate use including agricultural features to include plowedfields, harvestoffields, planting offields

- real estate -architecture--landsurveying. 

### 2. Aerial video and/orphotographyforpublic and/orprivate 

### use including television news-gathering butnot within close proximityof people nordirectlyabove them norin the directflightpath of people andnotto provide personalfeatures thatcouldidentifya person orpersons and

### as otherwise mandatedbyFAA requirements in regard toproximityofaperson orperson orgroups orgatherings ofpeople. 

### 3. Aerialinspection/photography ofresidentiaVcommercial structures undercontract with the owners orlocal governmentauthority. 

### 4. Aerialinspection/photography ofresidential/commercia/utilityinfrastructure including butnotin close orunsafe proximityto electricalpowerlines, wind turbines andcell towers only while the UAVremains clearofand

### a safe distance anyfacility, device, powerline andorgenerating facilityandnotdirectlyabove previouslyreferenced items. 

### 5. Aerial video/photographyorproviding live video feed to 

### assist with search andrescue operations in 

### cases ofan emergencyornaturaldisaster when local authorities orgovernment organizations 

### have requested

### autstance. I do notplan on, norwillaskforcompensation oreven cost-share when assisting such agencies. 6. Training to persons individuallyorbelonging to private and/orpublic organizations to increase awareness andimprove safetyforcurrentand future UAVoperations within the NAS. (continues on page 2)(page 2) It is the applicanfs purposeful intention to never make aflight will over densely populated areas or over private property
- withoutthe owner ofsuch private property owner having knowledge of and granting permission ofa UAV flight for the purpose ofrecording 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 (forthe purpose ofmonitoring-only) so that applicant can monitor Common TrafficAdvisory 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 ofthe 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 ofthis exemption would allow the applicantto use his professional background to increase public awareness of UAV operations and enhance safety to aid in fulfilling the Secretary ofTransportation goals in regard to operation of UAV. 

### ADDITIONAL APPLICANT BACKGROUND INFORMATION """

___The applicant eamed aJiegreejrLMasaCommunication from the Universityc-Qf-Texas at El Paso with spec;iallzation in film and television. The applicant is a former faculty member ofAbilene 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 ofAbilene, Texas- ashelter providing reliefto victims of family violence. Previous donations-of-services dates to 1985 when the applicanttraveled to CentralAmerica 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 applicantwithout 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 ofa 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 ofthe 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 setforth 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 aveteran ofthe armed services, U.S. Army, honorably discharged (volunteered for service in Vietnam) and last duty-station was atWhite 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 ofsafe operations of UAVs in compliance to FAArequirements. 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 ofthis request that may need additional clarity, compliance and/or rectification to fully satisfy the need for an equivalent level ofsafety and compliance. The applicant is able to provide additional and/ or other all copies oflicenses, 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 ofany or all FAAstaff in either location so that staffcan examine above mentioned materials. Sincerely,

# R~3~ Roy Brooks email address, highabovetexas@gmail,com phone, 325-400-2001 (cell 325-660-1530)