August 12, 2015

1jz-8kii-td7p U.S. Department of Transportation Docket Management System 1200 New Jersey Ave. SE Washington, DC 20590 Re: Exemption Request Section 333 of the FAA Reform Act
Dear Sir/Madam, Pursuant to Section 333 of the FAA Modernization and Reform Act of 2012 (the Reform Act), and 14 C.F.R. Part 11, Video Memories (VM), a California based company operating Small Unmanned Aircraft System (sUAS) equipped to conduct aerial photography and video services for various industries, hereby applies for an exemption from the Federal Aviation Regulations (FARs) listed below to allow operation of our sUAS commercially in airspace regulated by the Federal Aviation Administration (FAA) so long as such operations are conducted with and under the conditions outlined herein or as may be established by the FAA as required by Section 333. The requested exemption is similar to previous FAA issued grants of exemption including but not limited to Exemption Nos. 11062, 11109, 11112, 11213, and 11295.
Our commercial activities would include: The requested exemption would permit Video Memories to pursue its commercial interests in providing services to consumers interested in training, research, and aerial data capture using a small advanced sUAS in the following areas:

• Aerial Photography and Videography for the real estate, construction, and other industries

• Agricultural and Constructions Surveying and Applications

• Product Demonstrations

• Research and Development

All VM sUAS flights that will occur over private or controlled access property will do so with the property owner's prior consent and knowledge. Only people who have consented or otherwise have agreed to be in the area where photography and videography will take place will be captured in any photos or videos.

Video Memories - 5640 District Blvd, Suite 103, Bakersfield, CA 93313 – (661) 398-7075Additionally, all Video Memories pilots will hold an airline transport, commercial, private,

recreational, or sport pilot certificate and also hold a current FAA airman medical certificate or a valid U.S. driver’s license issued by a state, the District of Colombia, Puerto Rico, a territory, a possession, or the Federal government. If an observer is not a qualified pilot, they will be trained by VM pilots to understand the proper roles of an observer, communication procedures, proper visual scan techniques, operations at non-towered airports, and appropriate sections of the Aeronautical Information Manual. The Petitioner Requests Relief From the following regulations:
Regulations from which the exemption is requested: 14 CFR §§ 61.23(a) and (c), 61.101(e)(4) and (5), 61.113(a), 61.315(a), 91.7(a), 91.109, 91.119(c), 91.121, 91.151(a)(1), 91.215, 91.405(a), 91.407(a)(1), 91.409(a)(1) and (2), and 91.417(a) and (b), to the extent necessary to allow VM to operate a UAS to perform training, research, and aerial data collection. We are petitioning for exemption to enable VM to operate a series of UAS platforms that have been previously approved by exemption. Namely: DJI Phantom 2 - Exemption 11398 DJI Phantom 2 Vision - Exemption 11310 DJI Phantom 2 Vision+ - Exemption 11398 DJI Inspire - Exemption 11398 DJI S1000 - Exemption 11416 DJI S900 - Exemption 11401 Flamewheel 550 - Exemption 11397 eBee AG - Exemption 11339 3DRobotics IRIS+ - Exemption 11419 RF-70 - Exemption 11295 DJI Phantom 3 Professional - Similar to Exemption 11310 DJI Phantom 3 Advanced - Similar to Exemption 11398 These sUAS all weigh less than 55 lbs,, have a built- in capability to limit the height flown above the ground, to limit the radius of the distance it flies from the operator and to exclude it from Class B, C and D airspace including a no fly zone feature. Each system also has the failsafe function of the autopilot system, which means when the communication between the Main Controller and the transmitter is lost, the system will automatically trigger Return to Home and will land safely. This submission does not include the Operating Manuals for each model requested above, as they have been reviewed by the Administrator in granting previous exemptions. Model specifics are listed in the VM Operating Manual which is included with this submission. Copies of all Operating Manuals for the individual models listed will be submitted on request. It should be noted, that while the FAA has not previously granted an exemption for the DJI Phantom 3 series, it is an upgraded version of the DJI Phantom 2 including components pioneered by DJI with the Inspire 1.

Video Memories - 5640 District Blvd, Suite 103, Bakersfield, CA 93313 – (661) 398-7075The above specifications meet standards listed below:

• VM will only operate its sUAS in line of sight of a pilot and/or observer and will operate at sites that are a 'sufficient distance' from populated areas within the sterile area described in the operator’s manual. Such operations will insure that the sUAS will "not create a hazard to users of the national airspace system or the public."

• VM will not operate sUAV within 5 nautical miles of an airport reference point (ARP) as denoted in the current FAA Airport/Facility Directory (AFD), unless a letter of agreement with that airport’s management is obtained or otherwise permitted by a COA issued to VM.

• Maximum flight time for each operational flight will be 60 minutes.

• Flights will be terminated at 25% battery power reserve should that occur prior to the 60 minute limit.

• The sUAV will be programmed so that it will not be operated at an altitude of no more than 400 feet AGL.

• Minimum crew for each operation will consist of the sUAS Pilot and the Visual Observer.

• The sUAS PIC's (Pilot in Command) will be an airline transport, commercial, private, recreational, or sport pilot certificate and also hold a current FAA airman medical certificate or a valid U.S. driver’s license issued by a state, the District of Colombia, Puerto Rico, a territory, a possession, or the Federal government.

• The sUAS operated by the petitioner weighs less than 55 pounds, including the payload (i.e. camera, lens, and gimbal).

• The sUAS will operate at speeds of no more than 55 knots.

• Given the small size of the sUAS and the restricted sterile environment within which they will operate, our sUAS operations adhere to the Reform Act's safety requirements. Additionally, the fact that the VM pilots hold FAA Pilot certificates demonstrates that they have a high regard to safe operations with an understanding of FARs, pre-flight inspections, maintenance and repair, operations within airspace, as well as being trained to high safety standards . Under the requested exemption, VM will ensure that all operators have completed a small unmanned aircraft systems (UAS) education and training program including all applicable regulations and guidance documents; including aeronautical background information such as charts, NOTAMS and Aircraft Circulars; Radio Communications Procedures; Human Factors and Crew Resource Management; Basic Small UAS Aerodynamics; Weather factors; Airmanship and Decision-making and Safe Operating Procedures. We respectfully request exemption under Section 333 to enable VM to operate safe, low-risk commercial sUAV operations for the activities stated. RFS at all times will respect the space and privacy of citizens and property whilst keeping our skies safe. Exemption Requests and Equivalent Level of Safety VM requests an exemption from the following regulations as well as any additional regulations that may technically apply to the operation of the sUAV System:

Video Memories - 5640 District Blvd, Suite 103, Bakersfield, CA 93313 – (661) 398-707514 CFR 61.23 Medical Certificates

The regulation provides that a person requires a first or second class medical to act as pilot in Command of an aircraft for compensation or hire. Our proposed operations require that the PIC must hold a current FAA airman medical certificate or a valid U.S. driver’s license issued by a state, the District of Colombia, Puerto Rico, a territory, a possession, or the Federal government. Since the aircraft cannot carry passengers or property, we feel we meet the intent of 61.23 even though the intent of this application is to conduct a business. 14 CFR 61.101, 14 CFR 61.113, and 14 CFR 61.315 Pilot privileges and Limitations The regulation provides that no person that holds a Recreational Pilot, Sport Pilot, or Private Pilot certificate may act as pilot in Command of an aircraft for compensation or hire. Our proposed operations require that the PIC must hold at least airline transport, commercial, private, recreational, or sport pilot certificate. Since the aircraft cannot carry passengers or property, we feel we meet the intent of 61.113 Subparagraph (b) even though the intent of this application is to conduct a business.
14 CFR 91.7 Civil Aircraft Airworthiness This Section prohibits the operation of an aircraft without an airworthiness certificate. As no such certificate will be applicable in the form contemplated by the FARs, this Regulation is inapplicable.

14 CFR 91.119 Minimum safe altitudes: General The regulation states that over sparsely populated areas the aircraft cannot be operated closer than 500 feet to any person, vessel, vehicle, or structure. Since the typical mission of the sUAS would be photography or survey of persons, vessels, vehicles or structures it would be necessary to operate closer than 500 feet to the items listed. Operations will only be flown over property or persons where permission has been obtained and careful pre-planned has been performed. The aircraft will be operated at a low altitude allowing, if a power unit fails, an emergency landing without undue hazard to persons or property on the surface. Therefore we maintain that due to the small size of the UAS, the hazard to persons, vehicles and structures is minimal compared to manned aircraft, which should be considered in granting the exemption.

Video Memories - 5640 District Blvd, Suite 103, Bakersfield, CA 93313 – (661) 398-707514 CFR 91.121 Altimeter settings

The regulation requires that aircraft shall maintain cruising altitudes by reference to an altimeter setting available within 100 NM of the aircraft. The sUAS will always fly below 400 feet AGL and will not need to maintain cruising altitudes in order to prevent conflict with other aircraft. An Above Ground Level altimeter measurement above the takeoff point is transmitted via radio from the sUAS on-board computer to the display screen held by the PIC, providing a constantly updated AGL readout. 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 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 feel the intention of this paragraph is to provide an energy reserve as a safety buffer for delays to landing. The sUAS are battery operated and the maximum duration of flight from a single battery charge is 12-45 (depending on which sUAS) minutes with a 20% reserve. Since the aircraft will never fly more than 1/2 NM from the point of intended landing, a full battery charge at launch will ensure that we meet the reserve energy requirement of this paragraph. We request an exemption to the word "fuel" and ask for an equivalent interpretation with the word "energy". We also request exemption from the 30 min reserve and ask that our reserve will be to fly the mission to the point of intended landing and have at least a 20% battery reserve after that. 14 C.F.R. 91.215 ATC transponder and altitude reporting equipment and use: This regulation states all aircraft operating within 30 nautical miles of class A, B and C airspace must be equipped with automatic pressure altitude reporting equipment having a Mode C capability that automatically replies to Mode C interrogations. Due to the small size and lifting capabilities of our UASs we cannot carry a traditional transponder. All of our operations will be under 250’ if we are operating within the 30mi reach of a mode c vail. 14 CFR Subpart E (91.401- 91.417) - Maintenance, Preventive Maintenance, 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 perform maintenance and inspection of the aircraft and "be authorized to approve the aircraft for return to service." The PIC will ensure that the aircraft is in an airworthy condition prior to every flight and in addition, conduct detailed inspections after every two hours of flight. Maintenance performed by the PIC is limited to repairing small cracks, replacing a propeller, checking electrical connections and updating software and firmware for the on-board computer. All other maintenance will be performed by the manufacturer or their designated repair facility. The PIC will document work performed in accordance with 91.417. We feel that due to the size, construction, and simplicity of the aircraft, the PIC can ensure an equivalent level of safety.

Video Memories - 5640 District Blvd, Suite 103, Bakersfield, CA 93313 – (661) 398-7075How this Request is to the Betterment of our Community

We believe that the use of UAS to perform agricultural land imaging creates a benefit to the public. The ability to use an onboard geo-referenced still camera to collect high-resolution data that can be used to increase crop production and reduce unnecessary chemical use will provide a less expensive and healthier food supply to the public. The unmanned aircraft does not carry any persons or flammable liquids, reducing public exposure in the event of an incident. Finally, the unmanned aircraft can be launched and recovered from the property which we have been contracted to image. The ability to avoid overflying private and public properties provides the public with the benefit of privacy from aircraft flying overhead. Unmanned Aircraft Systems (sUAS) are also a feasible method to obtain information of agricultural cropland to determine optimum inputs that result in cost savings to farmers, yield security, and reduce environmental impact of excess fertilizers and chemicals in the soil. Request for Blanket COA Approval On March 24, 2015, the FAA announced that it has implemented a new policy of granting "blanket" COAs to applicants requesting exemptions from the Federal Aviation Regulations under Section 333 of the FAA Modernization and Reform Act of 2012. The Applicant hereby requests that a "blanket" COA that conforms to the terms set forth in https://www.faa.gov/news/updates/?newsId=82245 upon approval of VM’s exemption request.
Sincerely
Virgil G. Miller President and Owner Video Memories 5640 District Blvd, Suite 103 Bakersfield, CA 93313 (661) 398-7075

Video Memories - 5640 District Blvd, Suite 103, Bakersfield, CA 93313 – (661) 398-7075