Original 0 4 / 0 1 /2015 Page 1 

### 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 ( 91.40 5, 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 Certifica te of

Authorization (COA) to use the Phantom to support real estate p hotography

,

v ideography , and aerial surveying for other commercial industries

.

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

operated q uadcopter unmanned aircraft, onboard cameras, and assoc iated

communications equipment.

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

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

s ection 333 exemption requests by other commercial UAS operators.

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

photography, videography , and surveying

.

By appro ving 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 wi th both a Pilot in Command and a Visual Observer in

accordance with the following additional restrictions:Original 0 4 / 0 1 /2015 Page 2

- All operations will occur a t 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 he avily 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 wit hin 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

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

operato rs to assist the operations.

We submit that the combination of ;

- Phantom UAV’s lig ht weight and historically demonstrated safe operation and

receiving approval s of multiple section 333 petitions

- Fully qualified flight crew

- Restricted operation s under the guidelines established within the grant

, t he FAA can have confidence that Crosstimbers’ UAS the operation s 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.netOriginal 0 4 / 0 1 /2015 Page 3 

## 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 REASON S

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 R EQUEST...

.............. .......... ...... Page 10

ACR ONYMS...............................................................

......... .... Page s 11 & 12Original 0 4 / 0 1 /2015 Page 4

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 1 4 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 9 1.7 (a) states

,

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

. ”

T his 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 inOriginal 0 4 / 0 1 /2015 Page 5

airworthy condition prior to every flight by following safety procedures described

in our operating documents.

14 CFR 91.119 Minimum safe altitudes: Genera l

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 9 1. 121 Altimeter Settings

Th is 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 91.1 51 Fuel requirem ents for flight in VFR conditions.

The regulation provides that no person may begin a flight in an airplane under day

VFR 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 batte ry charge is a pproximately 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.Original 0 4 / 0 1 /2015 Page 6

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 air craft 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, t rain, 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 en sure 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 achiev ed 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. "Original 0 4 / 0 1 /2015 Page 7

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 photo graphy 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 operation s will contribute to a po sitive aggregate e conomic

i mpact 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 C rosstimbers ’ 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

.Original 0 4 / 0 1 /2015 Page 8

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 st ated 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 grantin g 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 t he combination of Phantom’s proven success and the conditions

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

not adversely safety.

.Original 0 4 / 0 1 /2015 Page 9

SUMMARY THAT CAN BE PUBLISHED IN THE FEDERAL REGISTER

Department of Transportation

Federal Aviation Administration

Petitioner: Crosstimbers Video Partners LLC

Petition of exemption from section s 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 se eks an exemption for commercial operati on of the Phantom u nmanned

aircraft manufactured by DJI Co, Ltd. of China

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

acquiring hig h resolution data.

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

surveying services for other commercial industries.Original 0 4 / 0 1 /2015 Page 10

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 min ute s



### N o 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 propert ies with the

land owner’s permission.

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

necessary.Original 0 4 / 0 1 /2015 Page 11 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

FA Rs F ederal 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

G Hz Gigahertz

GCS G round Control Station

MHz Megahertz

MTOW M aximum Takeoff Weight

NAS National Airspace System

NM Nautical Mile

N O TA M N otice To A irman

OPA Optionally Piloted Aircraft

PIC Pilot in Command

Phantom Phantom Unmanned Aircraft System

Phantom Phantom Unmanned Aircraft

R&D Research and Development

RF Radio FrequencyOriginal 0 4 / 0 1 /2015 Page 12

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