January 3, 2016

Brett Clark

513 Spring Valley Drive

Columbia, TN 38401

Mobile: (931) 446-8750

Email: bclarkworld@gmail.com

Federal Aviation Administration:

I, Brett Clark, am writing pursuant to the FAA Modernization and Reform Act

of 2012 and the procedures contained within 14 C.F.R. 11, to request that I, Brett Clark, 

owner and operator of small unmanned aircraft, be exempted from the Federal Aviation 

Regulations (“FARs”) listed below so that I, Brett Clark, may operate a small ultra light 

weight unmanned aircraft system (“UAS”) commercially in airspace regulated by the 

Federal Aviation Administration (“FAA”) in accordance with FAA UAS Regulations & 

Policies.

I would like to formally submit for an exemption from the following Section 333

regulations: 14 C.F.R. Part 21, 14 C.F.R. 45.23(b), 14 C.F.R. 61.113(a), 14 C.F.R. 91.7(a),

14 C.F.R. 91.9(b)(2), 14 C.F.R. 91.119(c), 14 C.F.R. 91.121, 14 C.F.R. 91.151(a)(1), 14

C.F.R. 91.203(a) and (b), 14 C.F.R. 91.405(a), 14 C.F.R. 91.407(a)(1), 14 C.F.R. 

91.409(a)(1)
and (2), 14 C.F.R. 91.417(a) and (b). to operate the Phantom 3 Professional. This UAS will 

be equipped with on board camera and will be transported in proper storage. This proposed 

exemption would allow the operation of unmanned aircraft systems (UAS) for the purpose of 

aerial videography/ photography as a service to the public/ business interests. As found in 

exemption No. 11138 (Trudeau), the

FAA recently approved similar use of a Phantom 2 UAS. The Phantom 3 Professional is 

selected because it has proven / updated and reliable flying capabilities managed by gyro 

stabilized flight, ground detection ,GPS aided navigation, a compass, blinking LEDs, failsafe 

mode for returning home and prop guards.

This will act to further safety protocols exclusive to lightweight UAS’s specific to video and

photography usage as I, Brett Clark, record flight data and other information gained

through permitted flight operations to share with the FAA through any required FAA reports 

to assist with future protocol and safety regulations.

Specific section or sections of 14 CFR which we seek relief and the reason we seek relief:

14 C.F.R. Part 21: Airworthiness Certificates

Given the size and limited operating area associated with the aircrafts to be utilized by

Brett Clark, an exemption from Part 21 meets the requirements of an equivalent level of

safety under Part 11 and Section 333 of the reform Act. In all cases, an analysis of these

criteria demonstrates that the UA operated without an airworthiness certificate, in the

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

than conventional aircraft operating with an airworthiness certificate without restrictions and

conditions proposed.

14 C.F.R. 45.23: Display of marks: general
The UA does not have a cabin, cockpit, pilot station, fuselage, boom, or tail 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.

14 C.F.R. 61.113(a) & (b): Private pilot privileges and limitations: Pilot in command

The FAA has previously declared that additional manned airship experience of a

commercially certified pilot would not correlate to the airmanship skills necessary for 

similarly proposed operations in previously issued exemptions to this regulation through 

Exemption Nos. 11062 and 11138.

14 C.F.R 91.7: Civil aircraft airworthiness

Currently, since there is no certificate applicable to the UAs in question, this regulation

is inapplicable.

14 C.F.R. 91.9 (b)(2): Civil aircraft flight manual, marking, and placard requirements

Requires an aircraft flight manual in the aircraft, however there are no pilots or

passengers on board this aircraft and given its size, this regulation is inapplicable. An

equivalent level of safety will be achieved by maintaining a safety/flight manual with the

operator.

14 C.F.R. 91.119(c): Minimum safe altitudes

I, Brett Clark, will ensure that the UAS do not operate any higher than 400 feet at

ground level. I will not fly over congested areas. I will plan operations via google map pro or 

other mapping software before hand, for proper flight safety, and proper height analysis as 

to avoid collisions.

14 C.F.R. 91.121: Altimeter settings

The UAS utilize electronic GPS with a barometric sensor. An equivalent level of safety

will be achieved by using this.

14 C.F.R. 91.151(a)(1): Fuel Requirements for flight in VFR conditions
The UAS that I will fly is powered by electricity, using lithium polymer batteries that

currently have a flight limit of approximately no more than 20 minutes. Therefore, due to the

limitations of the batteries, it is currently impossible to comply with part 91.151.

14 C.F.R. 91.203(a) and (b): Civil aircraft: Certifications required

Currently, there are no procedures for providing airworthiness certificates for the

mentioned UAS. I, Brett Clark, however will always fly safely while having the manual of the 

Phantom 3 Professional C.F.R. 91.405(a): Maintenance Required,

14 C.F.R. 91.407(a)(1): Operation after maintenance, preventive maintenance, rebuilding, or

alteration,

14 C.F.R. 91.409(a)(1) and (2): Inspections &

14 C.F.R. 91.417 (a) and (b): Maintenance records

Maintenance inspections may be required and should be granted since they only apply

to aircraft with an airworthiness certificate. However I, Brett Clark, will perform preflight

inspections of the UAS before each flight as outlined in the operating documents. I, Brett 

Clark, will also follow manufacturer recommendations from said operating documents.

Public Interest

Aerial photography and videography as an available service to the public allows for a

cheaper method to capturing imagery than its alternative. The alternative being aircraft and

helicopters. They are expensive, create lots of noise, and are much more threatening due to

size and combustible fuel.

I, Brett Clark, would gladly offer my services upon request and with proper

coordination to any official search and rescue or emergency services organization to benefit
the public. This may be for Residential Construction, Real-estate Marketing, Resort 

Property Marketing, Wedding Videos, Commercial Photography, Cinematography or 

Construction Site Progression imagery. 

Also as mentioned in the Trudeau exemption, exemption No.11138:

““Manned aircraft conducting aerial filming and photography can weigh 5,000 lbs. or

more, are operated by an onboard pilot and may carry other onboard crewmembers, as well

as 100 gallons or more of fuel. The petitioner’s [UAS] weighs less than 3 lbs. The pilot and

crew will be remotely located from the aircraft. The limited weight reduces the potential for

harm to persons or damage to property in the event of an incident or accident. The risk of 

an onboard pilot and crew during an incident or accident is eliminated with the use of a 

[sUAS] for the proposed operation.”

Summary

I, Brett Clark, am seeking exemption from the following rules:

14 C.F.R. Part 21, 14 C.F.R. 45.23(b), 14 C.F.R. 61.113(a), 14 C.F.R. 91.7(a), 14 C.F.R.

91.9(b)(2), 14 C.F.R. 91.119(c), 14 C.F.R. 91.121, 14 C.F.R. 91.151(a)(1), 14 C.F.R.

91.203(a) and (b), 14 C.F.R. 91.405(a), 14 C.F.R. 91.407(a)(1), 14 C.F.R. 91.409(a)(1) and

(2), 14 C.F.R. 91.417(a) and (b)

With the exemptions of the mentioned rules I, Brett Clark, will be seeking to make

Our drone photography/videography services available to the public. 

By not using combustible fuel, flying at safe heights and strictly following the

usage recommendations from Hubsan.

These include but are not limited to:

• Flying the following UAS Safely

• Phantom 3 Professional
● Flying below 400 feet

● Proper visual inspection of UAS before flights

● Keeping mentioned UAS in visual sight at all times when in operation

● Using an observer to assist if needed

● Remain well clear of and do not interfere with manned aircraft operations, and avoid

other aircraft and obstacles at all times

● Not intentionally fly over unprotected persons or moving vehicles

● Contact the airport or control tower before flying within 5 miles of an airport

● Not flying in adverse weather conditions such as high winds or reduced visibility

● Not flying under the influence of alcohol or drugs

● Ensure the operating environment is safe

● Not flying over sensitive infrastructure or property such as power stations, water

treatment facilities, correctional facilities, etc.

● Check and follow all local laws and ordinances before flying over private property

● Do not conduct surveillance or photograph persons in areas where there is an

expectation of privacy without the individual's permission.

Respectfully,

Brett Clark

513 Spring Valley Drive

Columbia, TN 38401

Mobile: (931) 446-8750

Email: bclarkworld@gmail.com