Dallas	Aerial	Video	Productions

Attn: Christopher	J.	McClintock

P.O.	Box	2578

McKinney, Texas 75070

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

Regulationsfrom: 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, Dallas	Aerial	Video	Productions, operator of an Unmanned Aircraft System (UAS), hereby applies

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.

Commercial operation of an 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/commercialstructures 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 operationsin	

cases of an emergency or natural disaster only when the local authorities or government has	

requested it	by contract or donation.

• The ability to offer training to persons individually or belonging to both private and/or public	

organizationsthat have interests in the use and application of a	UAS for the purpose of the safe	

operation of a	UAS to enhance the safety of the National Airspace System (NAS) as well as for the	

protection of the persons and	property.

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

conditionsin the NAS that would be a) limited b) controlled c) predetermined and d) will provide safety	

enhancementsto the already safe operationsin 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)responsibilitiesto “....establish requirementsfor the safe operation of	such aircraft systems	

in the national airspace system.”
The name and address of the applicant is:

Dallas	Aerial	Video	Productions

Attn: Christopher	J.	McClintock, Director of Operations/Chief Pilot

Phone: +1214-697-7279

Email: info@dallasaerialvideoproductions.com

Address: P.O.	Box	2578, McKinney, Texas 75070

Regulationsfrom 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)

Dallas	Aerial	Video	Productions will operate the DJI Phantom 3	Professional, Model W323, with a	total weight of

1280g or 2.82192	lbs. The dimensions are 590mm	or	23.2283 inch X 590mm	or	23.2283inch X 254mm	or	10inch.

Under still air the maximum speed is no more than 16m/s or 35.791mph with a	cruising speed of 10m/s or

22.37mph. The DJI Phantom 3	Professional has the ability to hover and move	along a	vertical and horizontal plane

simultaneously. The DJI Phantom 3	Professional has four motors, Motor Model DJI 2312/960kv,	powered by a	4-

cell 4480mAh Lithium Polymer battery.

There are four propellers, Propeller Model DJI 9450, in use.	The DJI Phantom 3	Professional will be controlled

with the GL300A remote controller with an operating frequency of 2.400GHz – 2.483GHz. The live video feed

will have an	operating frequency of 2.400GHz – 2.483GHz. The applicant will operate the UAS in line of sight

within a	closed off and 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, 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 applicant 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 conditionsto which the applicant 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.

• The UAS pilot will be a	designated Pilot in Command (PIC) and hold a	Private Pilot License	along

with a Third or higher Class Medical Certificate. If the PIC feels another operator to be	qualified

with the necessary skills to be PIC &	possess a	Private Pilot License along with a	Third or higher

Class Medical Certificate, that person may be designated PIC provided they have a	minimum of 20

hours of	flight time with the UAS.

• 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(VFR) 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.

• 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 or	radio	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, establishesthe procedural requirementsfor 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 Applicant, 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 demonstratesthat 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.

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. These safety

enhancements provide a greater degree of safety to the public and property owners

than conventional operations conducted with airworthiness certificatesissued under 14 C.F.R. Part 21, Subpart H.
Lastly, application of these same criteria demonstratesthat 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, two-inch 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. Dallas	Aerial	Video	

Productions may	achieve an equivalent level of	safety as achieved by current Regulations because the applicant’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 commercial activities outlined in 14 CFR 61.	The PIC of the UAS will have a	Private

Pilot’s	License along with a	current Third Class or higher Medical exceeding the current safety levels in relation to

14 CFR

61.113 (a) &	(b). I	feel the operation and limitationsset 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 Proceduresincluding but	

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

performance data before initiation of flight.
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 exemptionsfor 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 participantsin 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 operationsis 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.

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 altimetersetting 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 minutesin 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 conditionsis reasonable.	

Applicant 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. Applicant 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:

(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 regulationsrequire 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 discrepanciesrepaired 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 applicant. 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.

Additional Information

The applicant, Christopher	J.	McClintock ,	has been involved in the building and piloting of remote controlled	

aircraft for more than 10	years. Also the primary pilot, Christopher	J.	McClintock, currently holds a Private Pilot

Certificate. Christopher	J.	McClintock	has an	in-depth understanding of the	capabilities and safety concerns

involved in using this technology as an asset to the community. Satisfaction of	criteria provided in Section 333 of

the Reform Act of	2012 provide more than adequate justification for the grant	of the requested exemptions

allowing the commercial operation of the applicant’s UAS.

Sincerely,

Christopher	J.	McClintock