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Crosstimbers Video Partners LLC

April 1, 2015

U.S. Department of Transportation

Docket Management System

1200 New Jersey Ave., SE

Washington, DC 20590

Re: Exemption Petition under Section 333 of the FAA Modernization & Reform 

Act, and Title 14 Part 11 of the Code of Federal Regulations (CFR)

14 CFR 61.113, 

14 CFR 91.7, 91.119, 91.121, 91.151

14 CFR 91 Subpart E (91.405, 91.407, 91.409, 91.417)

Dear Sir or Madam,

Pursuant to Section 333 of the FAA Modernization & Reform Act and 14 C.F.R. Part 11, 

Crosstimbers Video Partners LLC (Crosstimbers) hereby applies for the grant of 

exemption from certain Federal Aviation Regulations for Phantom II (Phantom) 

Unmanned Aircraft manufactured by DJI Co.,Ltd. of China.

The requested exemption would support an application for a commercial Certificate of 

Authorization (COA) to use the Phantom to support real estate photography,

videography, and aerial surveying for other commercial industries.

The Phantom Unmanned Aircraft System (UAS) consists of a lightweight (4 lb) battery 

operated quadcopter unmanned aircraft, onboard cameras, and associated 

communications equipment.

The Phantom Unmanned Aircraft (UA) has previously demonstrated to have 

successfully met the safety and operational requirements resulting in previous grants of 

section 333 exemption requests by other commercial UAS operators.

The Phantom UA carries an onboard camera system that allows it to perform aerial 

photography, videography, and surveying.

By approving the exemption, the Crosstimbers’ UAS operations will create benefits to 

both the economy and the environment which are ultimately in the public interest.

The aircraft will be operated with both a Pilot in Command and a Visual Observer in 

accordance with the following additional restrictions:
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- All operations will occur at no more than 400' AGL

- The aircraft will be operated with the permission of the property owner

- When necessary, applicable permits will be acquired from local authorities

- The aircraft will not be operated over urban or populated areas

- The aircraft will not be operated at air shows or over an open-air assembly of people

- The aircraft will not be operated over heavily trafficked roads

- Operations will be limited to day, visual meteorological conditions

- Aircraft will remain within Visual Line of Sight at no greater than 1/2 NM of the PIC at 

all time

- While the aircraft is airborne, the VO will be positioned within voice distance to the PIC

- When necessary and applicable, Crosstimbers will file a NOTAM providing 

radial/DME, radius, and a date/time group for each operation

For certain complex operations, Crosstimbers may assign one or two sensor/software 

operators to assist the operations. 

We submit that the combination of ;

- Phantom UAV’s light weight and historically demonstrated safe operation and

receiving approvals of multiple section 333 petitions

- Fully qualified flight crew

- Restricted operations under the guidelines established within the grant,

the FAA can have confidence that Crosstimbers’ UAS the operations will have 

an equivalent or greater level of safety of manned aircraft performing the same mission.

We are prepared to modify or amend any part of this request to satisfy the need for an 

equivalent level of safety. Additional documents supporting this petition will be 

submitted following this request. 

We look forward to working with your office.

Please contact us at any time if you require additional information or clarification.

Respectfully,

Mark Ratcliff

Crosstimbers Video Partners LLC

2801 Surveyors Lane

Flower Mound, Texas 75022

Tel: 972-567-8989

Email: markratcliff@verizon.net
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TABLE OF CONTENTS

NAME, ADDRESS CONTACT INFORMATION OF PETITIONER .......................Page 4

THE SPECIFIC SECTIONS OF 14 C.F.R. FROM WHICH CROSSTIMBERS

SEEKS EXEMPTION...................................................................................................Page 4

THE EXTENT OF RELIEF CROSSTIMBERS SEEKS AND THE REASONS

CROSSTIMBERS SEEKS THE RELIEF .................................................................Pages 4 to 6

THE REASONS WHY GRANTING CROSSTIMBERS’S REQUEST WOULD

BE IN THE PUBLIC INTEREST .............................................................................. Page 7

THE REASONS WHY GRANTING CROSSTIMBERS THE EXEMPTION WOULD 

NOT ADVERSELY AFFECT SAFETY ........................................................................ Page 8

SUMMARY THAT CAN BE PUBLISHED IN THE FEDERAL REGISTER...............Page 9

ANY ADDITIONAL INFORMATION, VIEWS, OR ARGUMENTS 

AVAILABLE TO SUPPORT CROSSTIMBERS’S REQUEST.................................Page 10 

ACRONYMS............................................................................ Pages 11 & 12
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NAME, ADDRESS AND CONTACT INFORMATION OF PETITIONER 

Mark Ratcliff

Crosstimbers Video Partners LLC

2801 Surveyors Lane

Flower Mound, Texas 75022

Tel: 972-567-8989

Email: markratcliff@verizon.net

THE SPECIFIC SECTIONS OF 14 CFR TO BE RELIEVED FROM 

14 CFR 61.113, 

14 CFR 91.7, 91.119, 91.121, 91.151

14 CFR 91 Subpart E (91.405, 91.407, 91.409, 91.417)

THE EXTENT OF RELIEF CROSSTIMBERS SEEKS AND THE REASONS 

CROSSTIMBERS SEEKS THE RELIEF 

14 CFR 61.113 Private pilot privileges and limitations: 

Part 61.113 provides that no person that holds a private pilot certificate may act as pilot 

in command of an aircraft for compensation or hire. Subparagraph (b) allows a private 

pilot to act as pilot in command of an aircraft in connection with any business or 

employment if;

(1) flight is only incidental to that business or employment; and 

(2) The aircraft does not carry passengers or property for compensation or hire.

Since the aircraft cannot carry passengers or property, we request to be relieved from 

this regulation if our pilots at minimum, 

(1) hold at least a current private pilot certificate and,

(2) hold a current third class medical certificate.

By meeting conditions (1) and (2), we believe that equivalent level of safety can be 

achieved by complying with 61.113 Subparagraph (b) even though the intent of this 

application is to conduct a business.

14 CFR 91.7 Civil Aircraft Airworthiness.

14CFR 91.7 (a) states,

“No person may operate a civil aircraft unless it is in an airworthy condition.”

This rule prohibits the operation of an aircraft without an airworthiness certificate. 

Since there is no such existing certificate that is applicable for the Phantom UAS to 

properly comply with the FARs, we request that Crosstimbers to be relieved from this 

regulation.

To provide equivalent level of safety, we will ensure that the Phantom UAS is in 
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airworthy condition prior to every flight by following safety procedures described 

in our operating documents. 

14 CFR 91.119 Minimum safe altitudes: General 

This regulation provides that over sparsely populated areas the aircraft cannot be 

operated closer than 500 feet to any person, vessel, vehicle, or structure. Since the 

aircraft will be operating at a maximum of 400 feet AGL, we cannot comply with this 

requirement.

To provide an equivalent level of safety we will only fly over private property with the 

permission of the land owner. The land owner will be briefed of the expected route of 

flight and the associated risks to persons and property on the ground. We maintain that 

due to the small size of the Phantom, the hazard to persons, vessels, vehicles, and 

structures is not comparable to manned aircraft and should be considered in granting 

the exemption. 

14 CFR 91.121 Altimeter Settings 

This regulation provides that aircraft shall maintain cruising altitudes by reference to an 

altimeter setting available within 100 nautical miles of the aircraft. 

The Phantom aircraft will fly below 400 feet AGL and will not need to maintain 

hemispherical cruising altitudes in order to de-conflict with other aircraft.

 

To provide an equivalent level of safety, the PIC will check and confirm the Phantom’s 

GPS altitude read out before each flight.

14 CFR 91.151 Fuel requirements for flight in VFR conditions. 

The regulation provides that no person may begin a flight in an airplane under dayVFR conditions unless there is enough fuel to fly to the first point of intended landing 

and to fly after that for at least 30 minutes. We believe the intention of this rule is to 

provide a reserve of energy as a safety buffer for go-arounds and other delays to 

landing.

The Phantom UAS is battery operated and the maximum duration of flight with full 

payload, from a single battery charge is approximately 25 minutes. 

We believe that equivalent level of safety can be achieved by limiting our flight time to 

20 minutes with reserve energy 20 % ( 5 minutes) on the battery.
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14 CFR 91 Subpart E ( 91.405, 91.407, 91.409, 91.417 )

Maintenance, Preventive Maintenance, and Alterations

The regulation provides that the operator is primarily responsible for maintaining the 

aircraft in an airworthy condition, including compliance with part 39 and 43. Paragraphs 

91.407 and 91.409 require that the aircraft be "approved for return to service by a 

person authorized under 43.7" after maintenance and inspection. It is our intention that 

the PIC, VO or authorized personnel to perform maintenance and inspection of the 

aircraft and "be authorized to approve the aircraft for return to service."

Crosstimbers requests that exemptions to the regulations under conditions below;

(1) Crosstimbers will follow Phantom’s manufacturer maintenance instructions, 

techniques and procedures 

(2) Crosstimbers will designate, train, and document the personnel who will be 

authorized to perform Inspection, Maintenance and Alterations by means of above 

stated maintenance instructions. 

Such designated personnel may include PIC, VO or other equivalent trained persons 

(3) To ensure equivalent level of safety, PIC will inspect the UA before each flight 

looking for any structural or mechanical malfunctions

Due to the small size, light weight and simplicity of the Phantom UAS, we believe that 

the equivalent safety will be achieved by permitting any of the PIC, VO or equivalent 

trained personnel, to perform maintenance, inspection and alterations of the aircraft 

and " be authorized to approve the aircraft for return to service. "
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THE REASONS WHY GRANTING CROSSTIMBERS’S REQUEST WOULD BE IN THE 

PUBLIC INTEREST

We believe that granting our exemption request from,

14 CFR Part 21.191

14 CFR Part 45.23, 45.29

14 CFR 61.113, 61.133

14 CFR 91.9, 91.119, 91.121, 91.151

14 CFR 91 Subpart E (91.405, 91.407, 91.409, 91.417), is in the public’s interest and 

will benefit the public as a whole for the following reasons.

1- Phantom is battery operated and free from the harmful emissions associated 

with the manned aircraft that are currently used for aerial photography and 

videography.

As recently proven by several grants of section 333 petitions, UASs offer 

equivalent level of safety while reducing environmental impacts, which is in the 

public interest.

2- Crosstimbers’ UAS operations will contribute to a positive aggregate economic 

impact resulting in creation of jobs both direct and indirectly. Economic 

Research estimates that the UAS market will grow from $6 billion to $ 94 billion 

over the next decade resulting in a new workforce development. 

Because Crosstimbers’ operations will create new jobs such as pilots, flight 

operation staff, and administrative supporting staff, it will directly cause positive 

economic impact, hence granting Crosstimbers’ petition will benefit the public 

as a whole.

3- Congress has already proclaimed that it is in the public’s interest to integrate

Commercially flown UAS(s) into the national airspace system, hence the passing 

of the FAA Modernization and Reform Act of 2012. 

Granting Crosstimbers’ petition furthers the public’s interest as a demonstrated 

progression of integrating Unmanned Aircraft Systems into National Air Space, 

thus it will benefit public as a whole. 
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THE REASONS WHY GRANTING CROSSTIMBERS THE EXEMPTION WOULD 

NOT ADVERSELY AFFECT SAFETY

Crosstimbers believes that the grant of exemption from, 

14 CFR 61.113, 

14 CFR 91.7, 91.119, 91.121, 91.151

14 CFR 91 Subpart E (91.405, 91.407, 91.409, 91.417),

will not adversely affect safety by a combination of the reasons listed below.

(a) We have stated in the above section “ THE EXTENT OF RELIEF 

CROSSTIMBERS SEEKS AND THE REASONS CROSSTIMBERS SEEKS THE 

RELIEF ” by describing how we intend to mitigate risk and accomplish FAA 

equivalent and acceptable level of safety for each 14 CFR part.

 

(b) As a result of Phantom unmanned aircraft’s size, weight, speed, operational 

capability, proximity to airports and populated areas, operation within visual line 

of sight combined with the implementation Crosstimbers’ of safety procedures, 

we believe that granting Crosstimbers’ exemption request will not adversely 

affect safety.

(c) DJI Phantom II has demonstrated to satisfy necessary safety risk mitigation by 

FAA thus resulting in multiple grants of section 333 petitions.

Because of the combination of Phantom’s proven success and the conditions 

and limitations of our operations, we believe granting Crosstimbers request will 

not adversely safety. 

.
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SUMMARY THAT CAN BE PUBLISHED IN THE FEDERAL REGISTER

Department of Transportation

Federal Aviation Administration

Petitioner: Crosstimbers Video Partners LLC

Petition of exemption from sections of ;

14 CFR 61.113, 

14 CFR 91.7, 91.119, 91.121, 91.151

14 CFR 91 Subpart E (91.405, 91.407, 91.409, 91.417)

Description of relief sought;

Crosstimbers seeks an exemption for commercial operation of the Phantom unmanned 

aircraft manufactured by DJI Co, Ltd. of China. 

The Phantom unmanned aircraft system has an onboard camera system capable of 

acquiring high resolution data.

Proposed operations will offer real estate aerial photography, videography and aerial 

surveying services for other commercial industries.
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ANY ADDITIONAL INFORMATION, VIEWS, OR ARGUMENTS AVAILABLE TO 

SUPPORT CROSSTIMBERS’S REQUEST

 Phantom II Unmanned Aircraft System 

General Features

 Ready to Fly, Multifunctional Quad-rotor System

 Customized H3-2D and H3-3D Gimbal Support

 Precision Flight and Stable Hovering

 25min Flight Time & Smart Battery

 Auto Return-to-Home & Landing

 Advanced Power Management

 Intelligent Orientation Control (IOC)

 Easy Battery Replacement

 Self-tightening Propeller

 Video Downlink Support

 CAN-Bus Expansion Module

 Control Link radio operating frequency 2.4 GHz ISM

 Operating Distance 0.65 miles

Aircraft Performance

Empty Weight 2.5 lbs

Max Take-off Weight 4 lbs

Max Flight Speed 30 Knots

Hover Accuracy (Ready to Fly) Vertical: 0.8m; Horizontal: 2.5m

Max Yaw Angular Velocity 200°/s

Max Tilt Angle 35°

Max Ascent / Descent Speed Ascent: 6m/s; Descent: 2m/s

Diagonal Length 350mm

Flight Time 25 minutes

No Privacy Issues

Crosstimbers’ proposed operations will create no privacy issues because the Phantom

UAS will be operating in rural areas within the boundaries of the properties with the 

land owner’s permission. 

Crosstimbers will also obtain any permits or authorizations from local authorities when 

necessary. 
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ACRONYMS

AGL Above Ground Level

ALoS Acceptable Level of Safety

AMOC Alternative Method of Compliance

ASI Aviation Safety Inspector

ATC Air Traffic Control

ATCAA Air Traffic Control Assigned Airspace

ATS Air Traffic Service

AVS Aviation Safety

CFR Code of Federal Regulations

COA Certificate of Waiver or Authorization

CRM Crew Resource Management

CS Control Station

CRS Certified Repair Station

DCP Divert/Contingency Point

DHS Department of Homeland Security

DME Distance Measuring Equipment

DOD Department of Defense

DSA Detect, Sense, and Avoid System

FAA Federal Aviation Administration

FCC Federal Communications Commission

FARs Federal Aviation Regulations

FIR Flight Information Region

FL Flight Level

FSIMS Flight Standards Information Management 

System

FTP Flight Termination Point

FTS Flight Termination System

Crosstimbers Crosstimbers Video Partners LLC

GHz Gigahertz

GCS Ground Control Station

MHz Megahertz

MTOW Maximum Takeoff Weight

NAS National Airspace System

NM Nautical Mile

NOTAM Notice To Airman 

OPA Optionally Piloted Aircraft

PIC Pilot in Command

Phantom Phantom Unmanned Aircraft System

Phantom Phantom Unmanned Aircraft

R&D Research and Development

RF Radio Frequency
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RM Risk Management

RNAV Area Navigation

RTB Return to Base

RVSM Reduced Vertical Separation Minimum

TAS Traffic Advisory Systems

TC Type Certificate

UA Unmanned Aircraft

UAS Unmanned Aircraft System(s)

UAV Unmanned Aerial Vehicle

VFR Visual Flight Rules

VMC Visual Meteorological Conditions

VO Visual Observer