U.S. Department ofTransportation, Docket Operations West Building Ground Floor, Room w12-140 1200 NewJerseyAvenue, SE., Washington, DC 20590 Roy Brooks (DBA High Above Texas) P.O. Box 1991 Abilene. Texas 79604 December 17, 2015

Sent by Certified Mail, Receipt No. 

# 701'1 

# 2870 0000 

# JJ'f1 tJ**1f~** TOPIC: Petition for Exemption 333


### ------"'·------- 

# -------- Dear Sir/Madam: I, Roy Brooks, hereby submit this petition for exemption under Section 333; FAA Modernization and Reform Act of 2012, Public Law 112-95 FEB. 14, 2012.
I request this exemption in orderto act as pilot-in-command for a new and never-operated drone (UnmannedAerial Systems- UAS) I purchased and took delivery ofon 12-15-2015 and described as a YUNEEC TYPHOON Q500 4K, weighing approximately 2.4 pounds.
It is my intention to fully comply with and honorthe intent and spirit ofcurrent regulations and all pending and future requirements that now orwill apply to the operation of UAS. I do not intend to ever purchase nor operate a UAS weighing more than 5 pounds, norany UAS not belonging to me. Pursuant to Section 333 ofthe FAA Modernization and Reform Act of2012 (the "Reform Act") and 14 CFR Part 11, Roy Brooks- operatorof High Above Texas, hereby applies for an exemption from the listed Federal Aviation Regulations to allow for commercial operation ofthe previously mentioned UAS, provided such operations are conducted within and underthe 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 Iam seeking exemption are as follows:
14 C.F.R. Part 21; 14 C.F.R. 45.23(b); 14 C.F.R. 61.101(e)(4), & (5); 14 C.F.R. 61.113(a) & (b);l4C.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 UAS, as described herein, which are equipped with camera(s) and sensors, would provide**p~ofessional** services in the following areas: 1. Aerialphotographyand/orvideo forpublic and/orprivate use including agriculturalfeatures to include plowedfields, harvestoffields, planting offields- realestate -arr;hitecture -landsurveying. 

### 2. Aerial video and/orphotographyforpublicand/or private use including television news-gatheringbutnot within close proximityof people andnotto allowpersonalfeatures northe identityof a person orpersons be revealedand

### as otherwise mandatedbyFAA requirements in regardtoproximityof

### aperson orperson or groups orgatherings of people. 3. Aerialinspection/photographyofresidentiallcommerr;ialstructures undercontract with the owners orlocal governmentauthority. 4. Aerialinspection/photographyofresidential/commercial utilityinfrastructure including butnotlimitedto electricalpowerlines, windturbines andcelltowers while UAS-drone remains clearofand

### asafe distance anyfacility, device, powerline andorgenerating facilityandnotdirectlyabove previouslyreferenced

### items. (continues on page 2 of4pages)

### (page 2)
5. Aerial video/photographyorprovidinglive video feed to 

### assist with search andrescue operations in 

### cases of

### an emergencyornaturaldisasterwhen localauthorities orgovernmentorganizations have requested assistance. I do notplan on, norwill

### ask forcompensation oreven cost-share when assisting such agencies. 6. 

### Training to persons individuallyorbelonging to both private and/orpublic organizations to increase 

### awareness andimprove safetyforcurrentandfuture UAS operations within the NAS.
As described fully below, the requested exemption would permit the operation ofdesignated UAS Yuneec Typhoon 0500 4K serial numberYU15391521 B04D01 as set forth in this document under controlled conditions in the NAS that would be a) limited b) controlled c) predetermined and d) safe. As aformer university educator, and public spokesperson for state agencies here in Texas, approval ofthis exemption would allow me to use my professional backgrounds to increase public awareness of UAS operations and enhance safety to aid in fulfilling the Secretary of Transportation goals in regard to operation of UAS. I am willing to make myself available to area news media, public speaking foruf'!lS and events and other various platforms and opportunities that might become available, to discuss the merits, benefits of, and responsibilities ofsafe operations ofdrones while in compliance to FAA requirements.**·~----** -+plarrlo-operate a lJAS (drone) the which

### iscomprised-of an-tmmanned**airor~an<t**

### a-transpo1table groufld-"!dst-::ratmiow,

### r-1.--..-o
---- ----·- The Yuneec Typhoon 05004K is referred to as a quad-copterwith a maximum gross weight of about 3 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. Also, given the small size ofthe Yuneec Typhoon 0500 4K and the restricted controlled environment within which itwill operate, the applicant fits within that zone ofsafety (an equivalent level of safety) in which Congress envisioned that the FAA must, by exemption, allow commercial operations of UASs to commence immediately. Also due to the size ofthe UASs and the controlled areas in which the relevant UASs will operate, approval ofthe application presents no national security issue. Given the following, the grant ofthe requested exemptions is clearly in the public interest: Roy Brooks proposes that the exemption requested herein apply to civil aircraft that have the characteristics and that operate with the limitations listed herein. These limitations provide for an exceptional level of safety to operations. These limitations and conditions to which currently licensed-aircraft-pilot Roy Brooks agrees to be bound when conducting commercial operations under an FAA issued exemption including:
1. The UAV/UAS will weigh less than 55 lbs. 2. Flights will be operated within line of sight of operator. 3. Maximum total flight time for each operational flight will never exceed 30 minutes. 4. Flights will be terminated at 15% battery power reserve. 5. Flights will be operated at an altitude ofno more than 400 feet AGL 6. UAV/UAS operatorwill be trained and certified in the proper safety and operations ofthe UAS. 

### 7. The UAV/UAS will only operate within a controlled area as defined in the Procedures. 8. The applicant will post advisor notice around the controlled area. 9. The applicant will have been trained in operation of UAS generally and received up-to-date information on the particular UAS to be operated as required. 10. Ifthe UAV/UAS loses communications or loses its GPS signal, the UAS will have capability to return to a pre-determined location within the Security Perimeter and land. 11. The UAV/UAS will have the capability to abort aflight in case of unpredicted obstacles or emergencies. Accordingly, the applicant, currently-licensed-aircraft pilot Roy Brooks- respectfully requests that the FAA grant the requested exemption. The applicant is prepared to modify and/or amend any aspect ofthis request that may need additional clarity, compliance and/or rectification in orderto fully satisfy the need for an equivalent level ofsafety and compliance. The applicant is able to provide additional and/orother all copies of licenses, documents, photos, videos, or other items as cited or mentioned in this request.
It is the applicant's intention that authorized repair facilities and/or recommended independent contractors will perform any repairs needed by overhaul, using OEM replacement parts. It is the applicant's intention to never make a flight will over densely populated areas orover private property -without the owner of private property owner granting permission of such a flight. The UAV/UAS will only be operated within visual line ofsight and will not be flown near airports orabove 400 feet. The FAA can be confident that operations ofthis UAV/UAS will achieve at least the equivalent or greater level of safety. As an additional means to have effective communications, I am able to keep onmy-person my fully functioning portable aviation transceiver

- for the intention only of monitoring other aircraft that might be in the area where Iwould operate the drone, at altitudes no higherthan 400 feet AGL- Above Ground Level. (continues on page 3 of4 pages) 

### (continues on page 3 of4pages)(page3)
I have also operated radio-controlled "RC" hobby airplanes in the 1970s. I have previously operated very small hobby drones starting in 2013 in recreational settings, at less than 30 feet over

### my ranch in Texas and private FAA recognized airfield- still posted on the San Antonio Sectional since 1998. I developed my airport in coordination with the Texas Department ofTransportation, to ensure my airfield met both state and federafrequirements. My private airport has been and is still active since the and is used for my own personal needs as well as a serving safe landing site for pilots in distress.
BACKGROUND TO MY PERSONAL EXPERIENCE AS A LICENSED AVIATOR

... I began flying lessons with my father, Roy

### A. Brooks - aWW2 ArmyAir Corp Instructor Pilot • Commercial Pilot and A&P Mechanic, when Iwas 12 years old in 1962. I completed my lessons and earned my pilots license at a much latertime and scored a 100 points on the written examination (copy enclosed on attachment) on my first attempt. As the son ofa professional aviator and military flight instructor, I have always lived nearairports and I am keenly aware ofhazards that toy balloons and certainly small drones could represent in regard to general aviation and commercial

___ .-aawirc,....:raft._Lhave successfully built, registered and flown my**owrLair~jn til~**  Experimental Categot¥_ar)d Lwas issued

.

a Repairman's Certificate and is indicated as "Cert. No. 2515181" issued 08-13-93 although I no longer own the specific aircraft that qualified me for this certificate.
BACKGROUND IN FILM, VIDEO AND PHOTOGRAPHY
I earned a BA degree in Mass Communication from the University ofTexas at El Paso with specialization in film and television. I am a former faculty memberofAbilene Christian University (ACU) in Abilene, Texas and Itaught television/video production classes atACU. I have worked in television news as afreelancer in the Soviet Union and various places in Europe, Africa, Central America, Canada and Mexico and United States from California to New York. I started my commercial video production company in 1984 and in addition to commercial productions, I have donated my services on numerous occasions to several non-profit charitable organizations

- the last production done for Noah Project ofAbilene, a shelterthat provides reliefto victims offamily violence. My donations-of-services goes back to 1985 when I traveled to Central America and co-piloted a Maule MX7235 from Texas into Mexico and to Belize City where I produced an awareness video free-of-any fees or charges forthe Belize Centerfor Environmental Studies (now named the Belize Foundation for Research and Environmental Education.) The bulk of my contributions to this specific non-profitwere scenes I shot from from the Maule aircraft as itwas operated by a commercial pilot who made this entire trip with me from Sweetwater, Texas. I am able to provide copies ofthese above mentioned productions and others to validate my charitable contributions, ifneeded and requested by the FederalAviation Administration.
I began earning income as a self-employed professional (cinematography, photography & video) beginning in 1976. In 19841 became active in full-time in self-employment in the same business. In 2006, I branched-out and devoted more time and energy into aerial video and photography underthe name of"High Above Texas" and although I am licensed pilot myself and have owned airplanes since 1988, I hired commercial pilots to fly my airplane or other airplanes in order to produce aerial images in both video and still photography. The opportunity to continue producing video and photography from a drone will greatly aid my clients by using a more affordable and cost-effective means of capturing scenes from an aerial perspective. Additionally, in the process of using UAS

- in place ofa full size airplane as

### Jhave been using

- the battery-powered drone will curtail and reduce the introduction ofcarbon placed into the atmosphere and benefit the environment. The Yuneec Typhoon 0500 4K I described earlier, will allow me to reduce my own out-of-pocket expenses as Icontinue to contribute mywork free-of-charge to charitable organizations that I provide my services to, totally free ofany costs. Also, Iam currently developing an off-grid solar array on my other ranch in a nearby county and I plan to use this solar system to charge the batteries that will powerthe UAS and other equipment and my solarsystem will further aid in the reduction ofcarbon introduced into the environment. My goals is to develop a curriculum for the purpose ofteaching aerial video/photography, in a manner similarto 

### my previously stated position in education. Although in my next teaching-role, it is not my intention to earn a paycheck but to teach under-privileged youth various photography and video techniques using very small and inexpensive drones having low-resolution cameras that Iwill supply as a teaching aide. It is my goal to use my previous teaching experiences to emphasize safety and responsibly as Iteach under-privileged children. This process Iwill call "Seeing the Big Picture From Above." As a memberofthe Experimental AircraftAssociation, itwas a great reward for me personally to have participated in the 'Young Eagles Program" and provide free rides in my airplane to area youth, many ofwhich had neverflown in an airplane and Iwish to continue helping inspire children in regard to professions in or related to aviation. (continues onpage 4 of4pages)

### (page 4) Additionally, I desire to continue to provide productions to non-profit charitable organizations without fee or cost in orderto help these entities communicate what their organizations do and provide orthe various communities they are based in. Aerial images in this aspect, afford charitable organizations an opportunity to share "the big picture" within their own communities. Aerial images (as I discovered and validated when Iwas afaculty memberatACU) help to extend and prolong the average attention span ofan audience, especially in regard to informational video productions.
As a long-time aviatorwith no actions ever having been taken against me, and as an aircraft builder and son ofa commercial pilot and A&P Mechanic, I am confident that I can maintain the Yuncee drone as described above, in good flying-condition and ascertain in advance when mechanical issues could prevent the drone from making safe flights as needed and require reconditioning or overhaul by someone having skills and qualification superiorto mine. Additionally, with my background in aviation, Iam confident my record-keeping in all are.as ofdrone-ownership and ____op.eratioruvould exceed requirements as set**fortbJ~Y-** the Federal AviatiortAdministration.

_ .---- __**---~**_______ ADDITIONAL BACKGROUND IN RISK MANAGEMENTAND SAFETYAT FEDERAL LEVELS, ETC.
Please also note, priorto semi-retiring, Iwas the Safety/Risk Management DirectorforTexas aon Weevil Eradication Foundation, Inc (http·/(txbollweeyjl org a statewide organization headquartered in Abilene, Texas and co-funded by the United States Department ofAgriculture 'USDA') and while serving in this capacity Iwas also a credentialed instructorand qualified at several levels in OSHAtraining and compliance issues. At the Foundation, I also coordinated and oversaw safety protocol with hundreds ofaerial operators who were contracted by the Foundation. The aerial applicators applied pesticides to cotton fields across Texas via aircraft in this extensive and very successful program. I am aveteran ofthe armed services, U.S. Army, honorably discharged (volunteered for service in Vietnam). My last duty-station was at White Sands Missile Range, NM where I held a secret security clearance. Please find enclosed two attachments with this request. I am providing these attachments foryour immediate inspection and review to authenticate my experience in aviation. Ifadditional information is needed, please contact me at your earliest convenience and by any means convenient. Our regional Flight Standards District Office i(FSDO) is located in Lubbock, TX and Iwould be happy to travel there at my own expense, at atime convenient to anyone in that office, to allowyour representative to observe and inspect my equipment, ask me any questions or see any copies of my previously mentioned articles, projects orwork and/or charitable contributions. Additional contact information is provided below my signature and made available to you to facilitate and expedite the communications process if needed. I look forward to working with your office and all representatives ofthe Federal Aviation Administration.
Sincerely,

# 4~ Roy Brooks



### emailaddress, highabovetexas@gmail,com phone, 325-400-2001

2 attachments areprovided

## ATTACHMENT

Please note

... • My website

## www HjghAboyeTexas com is no longer being used. • Image above FAA certificates is an extract from my business card. • Top certificate is mine. • Bottom two certificates were issued to my father and are submitted to validate my lifelong exposure to aviation.

Emmy Nomination,AddyAwards, AuroraAwards, TallyAward 30+ Years ofProfessional Experience