August 14, 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 andjor 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 andjor 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 residentialj 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 mjs. 

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 of22 mjs. 

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. 

· m Driver 

Owner /Radio Star Video 

9311 N FM 620, Ste. 12 

Austin, TX 78726 

310-497-6051 

info@radiostarvideo.com