U.S. Department of Transportation

Docket Management System

1200 New Jersey Ave., 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 21 subpart H; 14 CFR 

45.23(b); 14 CFR 61.113(a) and (b); 14 CFR 91.7(a); 14 CFR 91.9(b)(2); 14 CFR 

91.103; 14 CFR 91.109; 14 CFR 91.119(c); 14 CFR 91.121; 14 CFR 91.151(a); 

14 CFR 91.203 (a) and (b); 14 CFR 91.405 (a); 14 CFR 91.407 (a) (1) 14 CFR 

91.409 (a)(1) and (2); 14 CFR 91.417(a) and (b)

Dear Sir or Madam:

Pursuant to Section 333 of the FAA Modernization and Reform Act of 2012 (the 

“Reform Act”) and 14 CFR Part 11, the operator of an Unmanned Aircraft System 

(UAS) named below (“the Petitioner”), is applying 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 below or as may be established by the FAA as required by Section 333.

Commercial operation of the Petitioner’s UAS, as described herein, which are 

equipped with camera(s) 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 news gathering.

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.

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’s (the FAA Administrator’s) responsibilities to “....establish 

requirements for the safe operation of such aircraft systems in the national 

airspace system.”
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The name and address of the Petitioner is:

Creative Sky Productions

Attn: Houston Brown, Director of Operations

Ph: 972-896-9193

Email: houston@houstonbrown.com

Address: 1721 Mariposa Dr., Dallas, Texas, 75228

Regulations from which the exemption is requested:

14 CFR Part 21 subpart H 14 CFR 45.23 (b)

14 CFR 61.113 (a) & (b) 14 CFR 91.7 (a)

14 CFR 91.9 (b) (2)

14 CFR 91.103

14 CFR 91.109

14 CFR 91.119 (c)

14 CFR 91.121

14 CFR 91.151 (a)

14 CFR 91.203 (a) & (b) 14 CFR 91.405 (a)

14 CFR 91.407 (a) (1) 14 CFR 91.409 (a) (2) 14 CFR 91.417 (a) & (b)

The Petitioner intends to operate the following UAS:

DJI Inspire 1, Model T600, with a total weight of 2935g or 6.47lbs. The 

dimensions are 438mm x 451mm x 301mm or 17.24inch x 17.75inch x 

11.85inch. Under still air the maximum speed is no more than 22m/s or 

49mph with a cruising speed of 11m/s or 25mph. The DJI Inspire 1 has 

the ability to hover and move along a vertical and horizontal plane 

simultaneously. The DJI Inspire 1 has four motors, Motor Model DJI 3510, 

powered by a 6-cell 4500mAh or 5700mAh Lithium Polymer battery. There 

are four propellers, Propeller Model DJI 1345, in use. The DJI Inspire 1 

will be controlled with the C1 remote controller with an operating 

frequency of 2.400GHz – 2.483GHz. The live video feed will have an 

operating frequency of 5.728GHz –5.850GHz.

Additionally, the Petitioner will operate the UAS in line of sight within or adjacent 

to a predetermined area owned and/operated by the property representative.

Given the small size of the UAS and the controlled environment provided, the 

proposed operations will adhere to the Reform Act’s safety requirements. The 

approval of this application presents no national security issues. Regarding the 

level of safety surrounding the proposed operations and the public benefit, 
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reduction in environmental impacts, including but not limited to reduced 

emissions and noise, the grant of the requested exemption is in the public 

interest. Accordingly the Petitioner respectfully requests that the FAA grant the 

requested exemption with minimum delay.

AIRCRAFT AND EQUIVALENT LEVEL OF SAFETY

The operation limitations proposed for an equivalent or higher level of safety 

because operations will further enhance the safety of the persons and/or property 

using conventional aircraft.

These limitations and conditions to which the Petitioner agrees to adhere to when 

conducting commercial operations under the FAA issued exemption as set forth 

in the Flight Operations Manual (FOM) include:

The UAS will weigh less than 55 lbs.

The UAS will have a maximum operating speed of no more than 50mph.

Flights will be operated within line of sight of the Pilot in Command (PIC) 

and/or Visual Observer (VO).

Maximum flight time for each operational flight will be 30 minutes. Flights 

will be terminated at 25 % battery power reserve or 30 minutes of flight 

time whichever occurs first.

Flights will be operated at an altitude of no more than 400 feet Above 

Ground Level (AGL) and not more than 200 feet above an elevated 

platform from which filming is planned.

Minimum crew for each operation will consist of the UAS Pilot, the Visual 

Observer (VO) and may include but not limited to a Camera Operator.

A briefing will be performed regarding the planned UAS operations prior to 

each day’s flight consisting of all the days’ production activities.

All flights will occur under Visual Flight Rules Meteorological Conditions 

(VMC) only.

The flights will occur no closer than a 5 mile radius of the geographic 

center/Airport Reference Point (ARP) of a tower controlled or uncontrolled 

airport.

If operations will be within a 5 mile radius of the geographic center/Airport 

Reference Point (ARP) of a tower controlled or uncontrolled airport the 

respective airports will be contacted advising them of the estimated flight 

time, flight duration, elevation of flight and other pertinent information.
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The operator will file FAA Form 7711-1, or its equivalent, as modified in 

light of the requested exemption, with the appropriate local Flight 

Standards District Office (FSDO) no more than 72 hours but no less than 

4 8 hours from planned operation.

The operator will obtain verbal/written consent of all persons involved with 

the planned operation and ensure that only consenting persons will be 

allowed within 100 feet of the flight operation, and the radius may be 

reduced to 30 feet based upon an equivalent level of safety determination, 

as required under the FOM. With the advanced permission of the FSDO, 

operations at closer range may be approved.

The PIC and VO will have been trained in operation of UAS and receive 

up-to-date information for the particular UAS to be operated.

The PIC and VO will be able to communicate by voice, radio, and/or text 

at all times.

Written and/or verbal permission and permits will be obtained from 

territorial, state, county or city jurisdictions, including law enforcement, fire 

or other appropriate governmental agencies.

If the UAS loses communications with the remote controller or loses GPS 

signal, the UAS will have the capability to return to a pre-determined 

location within a designated location and land autonomously.

The UAS will have the capability to abort a flight in case of unpredicted 

obstacles, weather, or emergencies.

14 C.F.R. Part 21

Subpart H: Airworthiness Certificates 14 C.F.R. §91.203 (a) (1)

Subpart H, entitled Airworthiness Certificates, establishes the procedural 

requirements for the issuance of airworthiness certificates as required by FAR 

§91.203 (a) (1). Given the size and limited operating area associated with the 

aircraft to be utilized by the Petitioner, an exemption from Part 21 Subpart H 

meets the requirements of an equivalent level of safety under Part 11 and 

Section 333 of the Reform Act. The Federal Aviation Act (49 U.S.C.§44701 (f)) 

and Section 333 of the Reform Act both authorize the FAA to exempt aircraft 

from the requirement for an airworthiness certificate, upon consideration of the 

size, weight, speed, operational capability, and proximity to airports and 

populated areas of the particular UAS. In all cases, an analysis of these criteria 

demonstrates that the UAS operated without an airworthiness certificate, in the 

restricted environment and under the conditions proposed will be at least as safe, 

or safer, than a conventional aircraft (fixed wing or rotorcraft) operating with an 

airworthiness certificate without the restrictions and conditions proposed.
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The UAS to be operated hereunder is less than 55 lbs. fully loaded, carries 

neither a pilot nor passenger, carries no explosive materials or flammable liquid 

fuels, and operates exclusively within a secured and designated area. Unlike 

other civil aircraft, operations under this exemption will be tightly controlled and 

monitored by both the operator and under the requirements and in compliance 

with local public safety requirements. The FAA will have advance notice of all 

operations. These safety enhancements provide a greater degree of safety to the 

public and property owners than conventional operations conducted with 

airworthiness certificates issued under 14 C.F.R. Part 21, Subpart H. Lastly, 

application of these same criteria demonstrates that there is no credible threat to 

national security posed by the UAS, due to its size, speed of operation, location 

of operation, lack of explosive materials or flammable liquid fuels, and inability to 

carry a substantial external load.

14 C.F.R. § 45.23 (b). Marking of the Aircraft

The regulation requires:

When marks include only the Roman capital letter "N" and the registration 

number is displayed on limited, restricted or light-sport category aircraft or 

experimental or provisionally certificated aircraft, the operator must also display 

on that aircraft near each entrance to the cabin, cockpit, or pilot station, in letters 

not less than 2 inches nor more than 6 inches high, the words "limited," 

"restricted," "light-sport," "experimental," or "provisional," as applicable.

Even though the UAS will have no airworthiness certificate, an exemption may be 

needed as the UAS will have no entrance to the cabin, cockpit or pilot station on 

which the word “Experimental” can be placed. Given the size of the UAS, twoinch lettering will be impossible. The word “Experimental” will be placed on the 

fuselage in compliance with §45.29 (f).

The equivalent level of safety will be provided by having the UAS marked on its 

fuselage as required by §45.29 (f) where the pilot, observer and others working 

with the UAS will see the identification of the UAS as “Experimental.”

14 C.F.R. § 61.113 (a) and (b): Private Pilot Privileges and Limitations: Pilot 

in Command.

Pursuant to 14 CFR 61.113 (a) & (b), no person who holds a private pilot 

certificate may act as a pilot in command of an aircraft that is carrying 

passengers or property for compensation or hire. The Petitioner may achieve an 

equivalent level of safety as achieved by current Regulations because the 

Petitioner’s UAS do not carry any pilots or passengers nor property. The risks 

attendant to the operation of UAS is far less than the risk levels inherent in the 
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commercial activities outlined in 14 CFR 61. The PIC of the UAS will have a 

Private Pilot’s License along with a current Sport Class or higher and Medical 

certificate exceeding the current safety levels in relation to 14 CFR 61.113 (a) & 

(b). The operation and limitations set forth in the FOM will equate to the safe 

operation of the UAS.

14 C.F.R. §91.7(a): Civil Aircraft Airworthiness.

The regulation requires that no person may operate a civil aircraft unless it is in 

airworthy condition. As there will be no airworthiness certificate issued for the 

aircraft, should this exemption be granted, no FAA regulatory standard will exist 

for determining airworthiness. Given the size of the aircraft for maintenance and 

use of safety check lists prior to each flight an equivalent level of safety will be 

provided.

14 C.F.R. § 91.9 (b) (2): Civil Aircraft Flight Manual in the Aircraft.

Section 91.9 (b) (2) provides: No person may operate a U.S.-registered civil 

aircraft ... (2) For which an Airplane or Rotorcraft Flight Manual is not required by

§21.5 of this chapter, unless there is available in the aircraft a current approved 

airplane or Rotorcraft Flight Manual, approved manual material, markings, and 

placards, or any combination thereof. The UAS, given its size and configuration 

has no ability or place to carry such a flight manual on the aircraft, not only 

because there is no pilot on board, but because there is no room or capacity to 

carry such an item on the aircraft. The equivalent level of safety will be 

maintained by keeping the flight manual at the ground control point where the 

pilot flying the UAS will have immediate access to it.

14 C.F.R. § 91.103: Preflight Action.

This regulation requires each pilot in command to take certain actions before 

flight to insure the safety of flight. As FAA approved rotorcraft flight manuals will 

not be provided for the aircraft an exemption will be needed. The PIC will take all 

actions as stated in the FOM in Section 4 under Normal Procedures including but 

not limited to reviewing weather, flight battery requirements, landing and takeoff 

distances and aircraft performance data before initiation of flight.
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14 C.F.R. §91.109: Flight Instruction.

Section 91.103 provides that no person may operate a civil aircraft (except a 

manned free balloon) that is being used for flight instruction unless that aircraft 

has fully functioning dual controls. UAS and remotely piloted aircraft, by their 

design do not have fully functional dual controls. Flight control is accomplished 

through the use of a control box that communicates with the aircraft via radio 

communications. The FAA has approved exemptions for flight training without 

fully functional dual controls for a number of aircraft and for flight instruction in 

experimental aircraft. The equivalent level of safety provided by the fact that 

neither a pilot nor passengers will be carried in the aircraft and by the size and 

speed of the aircraft.

14 C.F.R. §91.119: Minimum Safe Altitudes.

Section 91.119 establishes safe altitudes for operation of civil aircraft. Section 

91.119 (d) allows helicopters to be operated at less than the minimums 

prescribed, provided the person operating the helicopter complies with any route 

or altitudes prescribed for helicopters by the FAA. As this exemption is for a UAS 

that is a helicopter and the exemption requests authority to operate at altitudes 

up to 400 AGL, or not more than 200 above an elevated platform from which 

filming is planned, an exemption may be needed to allow such operations. As set 

forth herein, the UAS will never operate at higher than 400 AGL with the 

exception that in circumstances where the UAS is used to survey or photograph 

a structure whose height exceeds 400 feet AGL, the UAS will not be operated 

more than 200 feet above the highest point on the structure. It will however be 

operated in a restricted area with security perimeter, where buildings and people 

will not be exposed to operations without their pre-obtained consent.

The equivalent level of safety will be achieved given the size, weight, speed of 

the UAS as well as the location where it is operated. No flight will be taken 

without the permission of the property owner or local officials. Because of the 

advance notice to the property owner and participants in the filming activity, all 

affected individuals will be aware of the planned flight operations. Compared to 

flight operations with aircraft or rotorcraft weighting far more than the maximum 

55lbs. proposed herein and the lack of flammable fuel, any risk associated with 

these operations is far less than those presently presented with conventional 

aircraft operating at or below 500 AGL. In addition, the low-altitude operations of 

the UAS will ensure separation between these UAS operations and the 

operations of conventional aircraft that must comply with Section 91.119.
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14 C.F.R. §91.121 Altimeter Settings.

This regulation requires each person operating an aircraft to maintain cruising 

altitude by reference to an altimeter that is set “...to the elevation of the departure 

airport or an appropriate altimeter setting available before departure.” As the 

UAS may not have a barometric altimeter, but instead a GPS altitude read out, 

an exemption may be needed. An equivalent level of safety will be achieved by 

the operator, pursuant to the safety check list and live flight data monitoring, 

confirming the altitude of the launch site shown on the GPS altitude indicator 

before flight.

14 C.F.R. § 91.151(a): Fuel Requirements for Flight in VFR Conditions

Section 91.151 (a) prohibits an individual from beginning “a flight in an airplane 

under VFR conditions unless (considering wind and forecast weather conditions) 

there is enough fuel to fly to the first point of intended landing, and, assuming 

normal cruising speed – (1) During the day, to fly after that for at least 30 

minutes; or (2) At night, to fly after that for at least 45 minutes.”

The battery powering the UAS provides approximately 30 minutes of powered 

flight. To meet the 30 minute reserve requirement in 14 CFR §91.151, UAS 

flights would be limited to approximately 10 minutes in length. Given the 

limitations on the UAS’s proposed flight area and the location of its proposed 

operations within a predetermined area, a longer time frame for flight in daylight 

or twilight VFR conditions is reasonable.

Petitioner believes that an exemption from 14 CFR §91.151(a) falls within the 

scope of prior exemptions. Operating the UAS, in a tightly controlled area where 

only people and property owners or official representatives who have signed 

waivers will be allowed, with less than 30 minutes of reserve fuel, does not 

engender the type of risks that Section 91.151(a) was intended to alleviate given 

the size and speed of the small UAS. Additionally, limiting UAS flights to 10 

minutes would greatly reduce the utility for which the exemption will be granted. 

Petitioner believes that an equivalent level of safety can be achieved by limiting 

flights to 30 minutes or 25 % of battery power— whichever happens first. This 

restriction would be more than adequate to return the UAS to its planned landing 

zone from anywhere in its limited operating area.

14 C.F.R. §91.203 (a) and (b): Carrying Civil Aircraft Certification and 

Registration.

The regulation provides in pertinent part:
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(a) Except as provided in § 91.715, no person may operate a civil aircraft 

unless it has within it the following:

(1) An appropriate and current airworthiness certificate. . . .

(b) No person may operate a civil aircraft unless the airworthiness certificate 

required by paragraph (a) of this section or a special flight authorization issued 

under §91.715 is displayed at the cabin or cockpit entrance so that it is legible to 

passengers or crew.

The UAS fully loaded weighs no more than 55 lbs. and is operated without an 

onboard pilot. As such, there is no ability or place to carry certification and 

registration documents or to display them on the UAS.

An equivalent level of safety will be achieved by keeping these documents at the 

ground control point where the pilot flying the UAS will have immediate access to 

them, to the extent they are applicable to the UAS.

14 C.F.R. §91.405 (a); 407 (a) (1); 409 (a) (2); 417(a) & (b): Maintenance 

Inspections.

These regulations require that an aircraft operator or owner “shall have that 

aircraft inspected as prescribed in subpart E of this part and shall between 

required inspections, except as provided in paragraph (c) of this section, have 

discrepancies repaired as prescribed in part 43 of this chapter...,” and others 

shall inspect or maintain the aircraft in compliance with Part 43.

Given that these section and Part 43 apply only to aircraft with an airworthiness 

certificate, these sections will not apply to the Petitioner. Maintenance will be 

accomplished by the operator pursuant to the flight manual and operating 

handbook. An equivalent level of safety will be achieved because the UAS is very 

limited in size and will carry a small payload and operate only in restricted areas 

for a limited period of time. If mechanical issues arise the UAS can land 

immediately and will be operating from no higher than 400 feet AGL. The 

operator will ensure that the UAS is in working order prior to initiating flight, 

perform required maintenance, and keep a log of any maintenance performed. 

Moreover, the operator is the person most familiar with the aircraft and best 

suited to maintain the aircraft in an airworthy condition to provide the equivalent 

level of safety.

An equivalent level of safety will be achieved because maintenance and 

inspections will be performed in accordance with the UAS Manufacturer's User 

Manual. As provided in the FOM, the operator will ensure that the UAS is in 

working order prior to initiating flight and perform required maintenance needed.
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CONCLUSION:

In sum, the Petitioner requests this exemption because following the above

provisions for a small unmanned aircraft presents a burden for the petitioner, the 

petitioner can present a level of safety for the small unmanned aircraft that is 

superior to the above provisions, or at a minimum, equal to the above provisions, 

and as explained above, this request is in public interest.

Sincerely,

/Houston Brown/

Houston Brown

Director of Operations

Creative Sky Productions