November	16,	2015

U.S.	Department	of	Transportation,	Docket	Operations

West	Building	Ground	Floor,	Room	W12-140

1200	New	Jersey	Avenue,	SE

Washington,	DC	20590

Re:	Exemption	Request	Pursuant	to	Section	333	of	the	FAA	Reform	Act	and	Part	11	

of	the	Federal	Aviation	Regulations	from:	14	CFR 61.113{a) & (b); 91.7 (a); 91.103;

91.119{c); 91.121; 91.151{a); 91.405{a); 91.407(a)(1); 91.409 (a)(1) and {2};

91.417{a) & (b).

Dear	Sir	or	Madam:

Pursuant	to	Section	333	of	the	FAA	Modernization	and	Reform	Act,	I,	William	Driver,	

operator	of	an	Unmanned	Aircraft	System	(UAS),	hereby	apply,	on	behalf	of	Radio	

Star	Video,	for	an	exemption	from	the	listed	Federal	Aviation	Regulations	(“FARs”)	

to	allow	commercial	operation	of	its	UAS,	so	long	as	such	operations	are conducted	

within	and	under	the	conditions	outlined	herein	or	as	may	be	established	by	the	

FAA	as	required	by	Section	333.

I	would	like	to	formally	submit	for	an	exemption	from	part	21,	subpart	H;	and	

Sections	45.23(b),	91.7(a),	91.9(b)(2),	91.119,	91.121,	91.151(a),	91.203(a)	and	(b),	

91.405(a),	91.407(a)(1),	91.409(a)(2),	and	91.417(a)	and	(b)	of	Title	14,	Code	of	

Federal	Regulations	(14	CFR).	This	proposed	exemption	would	allow	the	operation	

of	unmanned	aircraft	systems	(UAS)	for	the	purpose	of	aerial	videography	and	

photography.

Applicant:

William	Driver

Owner

Radio	Star	Video

9311	N	FM	620,	Ste. 12

Austin,	TX	78726

info@radiostarvideo.com

(310)	497-6051

Commercial	operation	of	an	UAS,	as	described	herein,	which	are	equipped	with	

camera	and	sensors,	would	operate	in	the	following	manner:

 Aerial	photography	and/or	video	for	public	and/or	private	use	including	real	

estate, architecture,	land	surveying,	engineering	and	other	related	

professional	activities.

 Aerial	video	and/or	photography	for	public	and/or	private	use	including	

television,	public	events,	cinematography	and	newsgathering.
 Aerial	inspection/photography	of	residential/commercial	structures	under	

contract	with	the	owners	or	local	government	authority.

 Aerial	inspection/photography	of	residential/commercial	utility	

infrastructure	including	but	not	limited	to	electrical	power	lines,	wind	

turbines	and	cell	towers.

 Aerial	video/photography	or	providing	live	video	feed	to	assist	with	search	

and	rescue	operations	in	cases	of	an	emergency	or	natural	disaster	only	

when	the	local	authorities	or	government	has	requested	it	by	contract	or	

donation.

 Training	to	persons	individually	or	belonging	to	both	private	and/or	public	

organizations	to	increase	awareness	and	improve	safety	for	current	and	

future	UAS	operations	within	the	NAS.

As	described	fully	below,	the	requested	exemption	would	permit	the	operation	of	a	

UAS	under	controlled	conditions	in	the	NAS	that	would	be	a)	limited,	b)	controlled,	

c)	predetermined,	and	d)	will	provide	safety	enhancements	to	the	already	safe	

operations	in	the	industry	presently	using	conventional	aircraft.	Approval	of	this	

exemption	would	thereby	enhance	safety	and	fulfill	the	Secretary	of	Transportation	

responsibilities	to	“...	establish	requirements	for	the	safe	operation	of	such	aircraft	

systems	in	the	national	airspace	system.”

We	will	operate	a	UAS,	the	DJI	Phantom	3	Professional,	which	is	comprised	of	an	

unmanned	aircraft	(UA	or	Phantom),	an	attached	4K	camera	and	a	transportable	

ground	station.

The	PHANTOM	3	is	a	quad-copter	with	a	gross	weight	of	2.8	pounds.	It	is	equipped	

with	four	rotors	that	are	driven	by	electric	motors	powered	by	batteries.	The	UA	has	

a	maximum	airspeed	of	16	m/s.

We	will also	operate	a	UAS,	the	DJI	Inspire	1, which	is	comprised	of	an	unmanned	

aircraft	(UA	or	Inspire	1),	an	attached	4K	camera	and	a	transportable	ground	

station.

The	INSPIRE 1	is	a	quad-copter	with	a	gross	weight	of	6.5	pounds.	It	is	equipped	

with	four	rotors	that	are	driven	by	electric	motors	powered	by	batteries.	The	UA	has	

a maximum	airspeed	of	22	m/s.

Both	UAS	will	be	operated	over	various	metropolitan	areas,	primarily	around	

Austin,	TX.	and	surrounding	areas.

UAS	Operating	Parameters

We	will	abide	by	the	following	additional	operating	conditions	under	this	

exemption,	which	ensures	a	level	of	safety	at	least	equal	to	existing	rules:

•	The	UAS	will	weigh	less	than	55	lbs.
•	Operate	UAS	below	400	feet	and	within	a	radius	distance	of	1000	feet	from	

the	controller	to	aid	in	direct	line	of	sight	visual	observation;

•	Obtain	permission	from the owner/controller of any vessels, vehicles and

structures when operations may be conducted closer than 500 feet to any

such vessels, vehicles or structures; we will conduct a safety assessment of

the risk of operating closer to those objects and determine that it does not

present an undue hazard;

•	Operate the UAS for 5-10 minutes per flight;

•	Land UAS prior to the manufacturer’s recommended minimum level of

battery power;

•	Operate UAS during daylight hours only within visual line of sight (VLOS);

•	Use the UAS’ global positioning system (GPS) flight safety feature whereby

it hovers and then slowly lands if communication with the remote control

pilot is lost;

•	Conduct all operations under the flight safety protocols (including posting a

warning sign reading: “Attention Aerial Photography in Progress – Remain

Back 150 feet”) contained in the operating documents and will actively

analyze flight data and other sources of information to constantly update and

enhance safety protocols;

•	Contact respective airports if operations will be within 5 miles to advise

them of his estimated flight time, flight duration, elevation of flight and other

pertinent information;

•	Always obtain all necessary permissions prior to operation; have

procedures in place to abort flights in the event of safety breaches or

potential danger;

•	Only operate in safe environments that are strictly controlled, are away

from power lines, elevated lights, airports and densely populated areas

(defined by areas depicted in “yellow” on VFR charts and through obtaining

information regarding congested areas from the local Flight Standards

District Office (FSDO);

•	Conduct extensive preflight inspections and protocols, during which safety

carries primary importance (reference PHANTOM Flying Flow Chart and

User Manual).

Regarding	UAS	operational	training,	we	have	flown	numerous	practice	flights	in	

remote	areas	as	hobbyists	simulating	flights	for	future	commercial	use	to	gain	

familiarization	with	the	characteristics	of	the	UAS’	performance	under	different	

temperature	an	weather	conditions.

Any	PIC	operating	our	UAS	will	have	accumulated	and	logged,	in	a	manner	

consistent	with	14	CFR	61.51(b),	25	hours	of	total	time	as	a	UAS	rotorcraft	pilot	

including	at	least	10	hours	logged	as	a	UAS	pilot	with	a	multi-rotor	UAS.	The	PIC	will	

also	have	accumulated	and	logged	a	minimum	of	5	hours	as	a	UAS	pilot	operating	

the	same	make	and	model	of	UAS	to	be	used	for	operations.	In	addition	to	the	hour	

requirements,	the	PIC	will	accomplish	3	take-offs	and	landings	in	the	preceding	90	

days	(for	currency	purposes)	prior	to	any	flight.
Specific	Exemptions	Requested

Given	the	size,	weight,	speed,	and	limited	operating	area	associated	with	the	UA,	we	

feel	an	exemption	from	14	CFR	part	21,	Subpart	H	(Airworthiness	Certificates)	and	§	

91.203(a)	and	(b)	(Certifications	required),	subject	to	certain	conditions	and	

limitations,	is	warranted	and	meets	the	requirements	for	an	equivalent	level	of	

safety	under	14	CFR	part	11	and	Section	333	of	P.L.	112-95	(Section	333).

We	request	an	exemption	from	§	45.23	Marking	of	the	aircraft	because	the	UA	will	

not	have	a	cabin,	cockpit	or	pilot	station	on	which	to	mark	certain	words	or	phrases.

Further,	the	two-inch	lettering	is	difficult	to	place	on	such	a	small	aircraft	with	

dimensions	smaller	than	the	minimal	lettering	requirement.	Regardless	of	this,	we	

can	mark	the	UAS	in	the	largest	possible	lettering	by	placing	the	word	

“Experimental”	on	its	fuselage	as	required	by	§	45.29(f)	so	that	anyone	will	see	the	

markings.

We	request	an	exemption	from	§	91.7(a)	which	prohibits	the	operation	of	an	aircraft	

without	an	airworthiness	certificate,	since	there	is	currently	no	certificate	

applicable	to	our	operation,	this	regulation	is	inapplicable.

We	request	an	exemption	from	§§	91.405(a),	91.407(a)(1),	91.409(a)(2)	and	

91.417(a)	and	(b)	Maintenance	inspections	since	they	only	apply	to	aircraft	with	an

Airworthiness	certificate.	However,	as	a	safety	precaution	we	will	perform	a	

preflight	inspection	of	the	UAS	before	each	flight	as	outlined	in	the	attached	

operating	documents.

We	request	an	exemption	from	§	91.9(b)(2)	which	requires	an	aircraft	flight	manual	

in	the	aircraft,	however	since	there	are	no	pilots	or	passengers	on	board	the	aircraft	

and	given	its	size,	this	regulation	is	inapplicable.	We	believe	an	equivalent	level	of	

safety	will	be	achieved	by	maintaining	a	safety/flight	manual	with	the	UAS	ground	

station.

We	request	an	exemption	from	§	91.119	which	prescribes	safe	altitudes	for	the	

operation	of	civil	aircraft,	but	it	allows	helicopters	to	be	operated	at	lower	altitudes	

in	certain	conditions.	We	will	not	operate	our	UAS	above	the	altitude	of	400	feet	

above	ground	level	(AGL)	and	will	also	only	operate	in	safe	areas	away	from	the	

public	and	traffic,	thus	“providing	a	level	of	safety	at	least	equivalent	to	or	below	

those	in	relation	to	minimum	safe	altitudes.”	Given	the	size,	weight,	

maneuverability,	and	speed	of	the	UAS,	an	equivalent	or	higher	level	of	safety	will	be

achieved.

We	request	an	exemption from	§	91.121	Altimeter	settings	as	it	is	inapplicable	since	

the	UAS	utilizes	electronic	GPS	with	a	barometric	sensor.

We	request	an	exemption	from	§	91.151(a)	Fuel	requirements	for	flight	in	VFR	

conditions.	The	UAV	is	100%	electric	and	two	low	battery	alerts	are	issued	-	per	the	
operating	documents,	the	UAV	will	be	landed	at	the	first	alert.	Also,	our	flights	will	

last	only	5-10	minutes	each,	and	the	UAS	has	an	automated	function,	which	results	

in	immediate	landing	when	a	low	battery	is	detected.	The	PIC will	not	begin	a	flight	

unless	(considering	wind	and	forecast	weather	conditions)	there	is	enough	power	to	

fly	to	the	first	point	of	intended	landing	and,	assuming	normal	cruising	speed,	land	

the	UA	with	30%	battery	power	remaining.

Public	Interest

Aerial	photography	and	videography	for	real	estate	and	events	are	proven	strategies	

to	enhance	marketing	efforts	and	increase	business	success.	The	industry	is	not	

new.	However,	until	recently	it	was conducted through the use of costly manned

aircraft, a prohibitive business activity for small companies. By granting this

exemption I would be able to provide affordable services.

Further,	the	small	UAS	will	pose	no	threat	to	the	public	given	its	small	size	and	lack	

of	combustible	fuel	when	compared	to	larger	manned	aircraft.	Additionally,	the	

operation	of	our	UAS	will	minimize	harm	to	the	environment	economic	growth	by	

providing	information	to	companies	and	the	public	looking	to	relocate	or	build	in	

the	metro	areas	we	service.	Public	and	private	events	serviced	by	our	business	

enhance	vibrancy	and	add	culture	to	the	community	and	its	citizens.

Accordingly,	the	applicant	respectfully	requests	that	the	FAA	grant	the	requested	

exemption	and	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	additional	information	or	clarifications	are	

needed.

Sincerely,

William	Driver

Owner/Radio	Star	Video

9311	N	FM	620,	Ste.	12

Austin,	TX	78726

310-497-6051

info@radiostarvideo.com