U.S. Department of Transportation, Docket Operations 

West Building Ground Floor, Room w12-140 

1200 New Jersey Avenue, 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 28 70 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 order to act as pilot-in-command for a new and never-operated drone (Unmanned Aerial 

Systems- UAS) I purchased and took delivery of on 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 honor the intent and spirit of current regulations and all pending and future 

requirements that now or will apply to the operation of UAS. I do not intend to ever purchase nor operate a UAS 

weighing more than 5 pounds, nor any UAS not belonging to me. 

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

Roy Brooks- operator of High Above Texas, hereby applies for an exemption from the listed Federal Aviation 

Regulations to allow for commercial operation of the previously mentioned UAS, 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. 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);l4 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 UAS, as described herein, which are equipped with camera(s) and sensors, would 

provide p~ofessional 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 -arr;hitecture -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 and not to allow personal features nor the identity of a person or persons be 

revealed 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 residentiallcommerr;ial structures under contract with the owners or local 

government authority. 

4. Aerial inspection/photography of residential/commercial utility infrastructure including but not limited to 

electrical power lines, wind turbines and cell towers while UAS-drone remains clear of and a safe distance 

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

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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 

assistance. 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 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 designated UAS Yuneec Typhoon 

0500 4K serial number YU15391521 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 a former university educator, and public 

spokesperson for state agencies here in Texas, approval of this 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 of safe operations of drones while in compliance to FAA requirements. 

·~---- -+plarrlo-operate a lJAS (drone) the which is comprised-of an-tmmanned airor~an<t a-transpo1 table groufld-"!dst-::ratmiow, r-1. --..-o ---- ----·-

The Yuneec Typhoon 0500 4K is referred to as a quad-copter with 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 of the Yuneec Typhoon 0500 4K and the restricted controlled environment within 

which it will operate, the applicant fits within that zone of safety (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 of the UASs and the controlled areas in which the relevant UASs will operate, approval of the 

application presents no national security issue. 

Given the following, the grant of the 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 of no more than 400 feet AGL 

6. UAV/UAS operator will be trained and certified in the proper safety and operations of the 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. If the 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 a flight 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 of this request that may need 

additional clarity, compliance and/or rectification in order 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, 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 or over 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 of sight and will not be flown near 

airports or above 400 feet. The FAA can be confident that operations of this 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 I would operate the drone, at altitudes no higher than 400 feet AGL- Above Ground Level. 

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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 of Transportation, 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 - a WW2 Army Air Corp Instructor Pilot • Commercial Pilot and 

A&P Mechanic, when I was 12 years old in 1962. I completed my lessons and earned my pilots license at a much 

later time and scored a 100 points on the written examination (copy enclosed on attachment) on my first attempt. As 

the son of a professional aviator and military flight instructor, I have always lived near airports and I am keenly aware 

of hazards 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 of Texas at El Paso with specialization in film and 

television. I am a former faculty member of Abilene Christian University (ACU) in Abilene, Texas and I taught 

television/video production classes atACU. I have worked in television news as a freelancer 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 of Abilene, a shelter that provides relief to victims of family 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 for the Belize Center for Environmental 

Studies (now named the Belize Foundation for Research and Environmental Education.) The bulk of my contributions 

to this specific non-profit were scenes I shot from from the Maule aircraft as it was operated by a commercial pilot 

who made this entire trip with me from Sweetwater, Texas. I am able to provide copies of these above mentioned 

productions and others to validate my charitable contributions, if needed and requested by the Federal Aviation 

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 under the 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 of a full size airplane 

as J have been using - the battery-powered drone will curtail and reduce the introduction of carbon 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 I continue to contribute my work free-of-charge to charitable organizations that I 

provide my services to, totally free of any costs. Also, I am 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 power the UAS and other 

equipment and my solar system will further aid in the reduction of carbon introduced into the environment. 

My goals is to develop a curriculum for the purpose of teaching aerial video/photography, in a manner similar to 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 I will supply as a teaching aide. It is my goal to use my previous teaching 

experiences to emphasize safety and responsibly as I teach under-privileged children. This process I will call "Seeing 

the Big Picture From Above." As a member of the Experimental Aircraft Association, it was 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 of which had never flown in an airplane and I wish to continue helping inspire children in regard to professions 

in or related to aviation. 

(continues on page 4 of 4 pages) 
(page 4) 

Additionally, I desire to continue to provide productions to non-profit charitable organizations without fee or cost in 

order to help these entities communicate what their organizations do and provide or the 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 I was a faculty member at ACU) help to 

extend and prolong the average attention span of an audience, especially in regard to informational video 

productions. 

As a long-time aviator with no actions ever having been taken against me, and as an aircraft builder and son of a 

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 superior to mine. 

Additionally, with my background in aviation, I am confident my record-keeping in all are.as of drone-ownership and 

____op.eratioruvould exceed requirements as set fortbJ~Y- the Federal AviatiortAdministration. _ .---- __ ---~ ______ _ 

ADDITIONAL BACKGROUND IN RISK MANAGEMENT AND SAFETY AT FEDERAL LEVELS, ETC. 

Please also note, prior to semi-retiring, I was the Safety/Risk Management Director for Texas aon Weevil Eradication 

Foundation, Inc (http·/(txbollweeyjl org a statewide organization headquartered in Abilene, Texas and co-funded by 

the United States Department of Agriculture 'USDA') and while serving in this capacity I was also a credentialed 

instructor and qualified at several levels in OSHA training and compliance issues. At the Foundation, I also 

coordinated and oversaw safety protocol with hundreds of aerial 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 a veteran of the 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 for your immediate 

inspection and review to authenticate my experience in aviation. If additional 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 I would be happy to travel there at my own expense, at a time convenient to anyone in 

that office, to allow your representative to observe and inspect my equipment, ask me any questions or see any 

copies of my previously mentioned articles, projects or work 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 of the Federal 

Aviation Administration. 

Sincerely, 

4~ Roy Brooks 

email address, highabovetexas@gmail,com phone, 325-400-2001 

2 attachments are provided 
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, Addy Awards, Aurora Awards, Tally Award 

30+ Years of Professional Experience