Black Dirt Drone

18 Baron Dr. 

Warwick, NY 10990 

	 	 	 	 	 	 	 January 25, 2016 

U.S. Department of Transportation 

Federal Document Management System 

1200 New Jersey Ave., SE 

Washington, DC 20590 

To Whom It May Concern: 

	 	 Pursuant to Section 333 of the FAA Modernization and Reform act of 2012, 

Public Law 112-95, Black Dirt Drone, operator of a Small Unmanned Aircraft System 

(“sUAS”) requests an exemption from the below listed regulations to allow commercial 

operation of its sUASs, provided that the proposed sUAS operation complies with the 

conditions outlined below or as established by the Federal Aviation Administration 

(“FAA”) under section 333. 

Operator’s name: Christopher Robert Clark 

	 	 	 	 Owner/President of Black Dirt Drone

	 	 	 	 -Airline Transport Pilot 

	 	 	 	 -First Class Medical 

	 	 	 	 -Known Crew Member 

	 	 	 	 -UAS Certificate Registration number: FA3FHFF9XR 

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Regulations from which the exemption are requested: 

	 	 14 C.F.R. Subchapter C - Aircraft. 	 	 	 part 21 

	 	 14 C.F.R. Subchapter F - Flight Rules. Subpart B part 91.103 

	 	 	 	 	 	 	 	 	 	 91.105 

91.109 

91.119 

91.121 

91.151 

91.405 

91.407 

91.409 

91.417 

The proposed sUAS operator will maintain an equivalent level of safety without impact to 

persons and property due to the extensive experience as an ATP fixed wing pilot and following 

the limitations listed below. Together, working within the National Airspace System (NAS) for 

more than 26 years, and with the continuous, ongoing training and safety requirements of being 

an ATP pilot, granting the exemption would be in the public interest. 

Proposed Commercial Operations of Black Dirt Drone: 

	 	 - Aerial Videography and Photography for business and private sector 

	 	 - Aerial mapping, inspection and assessment for agriculture, real estate, 

	 	 wind farms, solar, and cell towers 

Aircraft Make and Model: 

- DJI Phantom 3 professional 

- DJI Inspire 1 Professional 

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	 	 	 The proposed sUAS operation will be conducted safely to minimize risk to 

the national airspace system (“NAS”) and to persons and property on the ground. Black 

Dirt Drone proposes that the exemption apply to the previously listed sUAS that 

operate within the limitations listed below.	 	

	 	 1. The sUAS will weigh less than 55 pounds 

	 	 2. The sUAS may not be operated at a speed exceeding 87 KTS ( 100 MPH) 

	 	 3. The sUAS will not be operated at an altitude above 400 feet AGL 

	 	 4. The sUAS will be operated within visual line of sight (VLOS) of the 

	 	 	 operator. A visual observer ( VO) will be used if needed to maintain

	 	 	 VLOS requirements. If a VO is needed, communication will be 	 	

	 	 	 maintained using VFH radios. Electronic messaging or texting will not be 

	 	 	 permitted during flight operations. The operator will be designated 

	 	 	 before the flight and cannot transfer his or her duty for the duration of the 

	 	 	 flight. The operator will ensure that the VO can perform the duties 

	 	 	 required of the VO 

	 	 5. Any UAS that has undergone maintenance must undergo a functional test 

	 	 	 flight prior to conducting further operations 

	 	 6. Prior to each flight, the operator will conduct a pre-flight inspection and 

	 	 	 determine the sUAS is in a condition for safe flight 

	 	 7. Black Dirt Drone will follow the sUAS manufacturer’s maintenance, 

	 	 	 overhaul, replacement, and life limit requirements for the aircraft and 

	 	 	 aircraft components as well as safety bulletins and firmware updates 

	 	 8. Black Dirt Drone will not permit any operator to operate an UAS unless 

	 	 	 the operator demonstrates the ability to safely operate the sUAS in a 

	 	 	 manner consistent with how the sUAS will be operated under this 	 	

	 	 	 exemption, including evasive and emergency maneuvers and safe distances 

	 	 	 from persons and property. Operators qualification flight hours and 

	 	 	 currency will be logged in a manner consistent with 14 CFR 61.51 (b). 

	 	 	 Flights for the purpose of training the operator and VOs (training, 		

	 	 	 proficiency, and experience-building) and determining the operator’s 

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	 	 	 ability to safely operate the sUAS in a manner consistent with how the 

	 	 	 sUAS will be operated under this exemption are permitted under the 

	 	 	 terms of this exemption. Training flights may only be conducted during 

	 	 	 dedicated training sessions. 

	 	 9. UAS operations will only be conducted during day, VMC conditions. 

	 	 	 3 SM visibility and 500 feet below and 2000 feet horizontally from a cloud 

	 	 10. If the sUAS loses communication with the control station, or loses its GPS 

	 	 	 signal, the UAS will return to a pre-determined location. 

	 	 11. The operator will be prohibited from beginning a flight if the actual or 

	 	 	 forecast winds exceed the operators’s experience level 

	 	 12. The sUAS will remain clear and give way to all manned aviation 	 	

	 	 	 operations and activities at all times 

	 	 13. The sUAS will not operate within 5 NM of an airport with a control 

			 tower 

	 	 14. The sUAS will not operate within 2nm of an airport without a procedure 

	 	 	 and control tower 

	 	 15. The sUAS will not be operated from any moving device or vehicle 

	 	 16. All flight operations will not be conducted within 500 feet horizontally 

	 	 	 or overhead any nonparticipating persons or property 

	 	 17. Air Traffic Organization (ATO) Certificate of Waiver or Authorization 

	 	 	 (COA). All operations will be conducted in accordance with an 

	 	 	 ATO-issued COA. 

	 	 18. Any incident, accident, or flight operation that transgresses the flight 

	 	 	 profile defined by the applicable COA will be reported to the FAA’s 

	 	 	 Integrations office (AFS-80) within 24 hours. Accidents will be reported to 

	 	 	 the National Transportation Safety Board (NTSB) per instructions 		

	 	 	 contained on the NTSB Web site: www.ntsb.gov. 

	 	 19. The manufacture DJI, complies with part 15 of the FCC rules 

	 	 20. In the event of an existing requirement to notify a Flight Standard 

	 	 	 District office, the Teterboro FSDO will be used 

	 	 21. No careless or reckless operation 

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	 	 Allowing Black Dirt Drone to operate sUAS commercially with the exemption 

333 of the FAA Modernization and Reform Act, will put in place an operator with 26 years 

experience as a professional pilot working in the NAS. UAS operation is in its infancy as a 

industry and granting this petition will ensure the highest level of safety within the NAS, to the 

general public, and pose no threat to national security. 

Christopher Robert Clark 

President 

Black Dirt Drone 

18 Baron Dr. 

Warwick, NY 10990 

201 230-1899 

bddrone@gmail.com 

 

		 	

		 	 	 	 	 	 	 	 	 	

	 	

		 	 	 	 	 	 	 	

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