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DEPARTMENT OF TRANSPORTATION 

FEDERAL AVIATION ADMINISTRATION

DOCKET MANAGEMENT SYSTEM

1200 NEW JERSEY AVE., SE

WASHINGTON, DC 20590

PETITION FOR EXEMPTION OF: 

Myers Video Production 

(Sole Proprietor)

FOR AN EXEMPTION SEEKING RELIEF FROM 

THE REQUIREMENTS OF THE FAA REFORM ACT AND 

PART 11 OF THE FEDERAL AVIATION REGULATIONS FROM

TITLE 14 OF THE CODE OF FEDERAL REGULATIONS 

SECTIONS C.F.R. §§ 61.113 (a) & (b); 91.7(a); 91.119 (c); 91.121; 91.151(a); 

91.405 (a); 91.407(a) (1); 91.409 (a) (2); 91.417 (a) & (b).

CONCERNING COMMERCIAL OPERATION OF UNMANNED AIRCRAFT SYSTEMS 

PURSUANT TO SECTION 333 OF THE FAA MODERNIZATION 

AND REFORM ACT OF 2012 (PUBLIC LAW 112-95)

Submitted on January 22, 2016 

Myers Video Production

909 W. Grove Pkwy APT 1034

Tempe, AZ 85283

Attn: Mike Myers

Mike@mvpwebsite.com

623-694-5997
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ABBREVIATIONS

AGL Above Ground Level

AOI Area of Interest

ATC Air Traffic Control

ATO Air Traffic Organization

AV Aerial Vehicle

CFR Code of Federal Regulations

COA Certificate of Authorization

FAA Federal Aviation Administration

FAR Federal Aviation Regulation

GCS Ground Control Station

GPS Global Positioning System

LOL

MVP

Loss of Link

Myers Video Production

NAS National Airspace System

NOTAM Notice To Airman

PIC Pilot In Command

Section 333 FAA Modernization and Reform Act of 2012 (FMRA) Section 333

SO Safety Observer

SOP Standard Operating Procedures

sUAS Small Unmanned Aircraft System

sUAV Small Unmanned Aircraft Vehicle

UA Unmanned Aircraft

UAS Unmanned Aircraft System

UAV Unmanned Aircraft Vehicle 

VFR Visual Flight Rules

VLOS Visual Line of Site

VMC Visual Meteorological Conditions

INTRODUCTION AND REASON FOR PETITION

Myers Video Production (MVP) seeks to petition for Section 333 of the FAA 

Modernization and Reform Act of 2012 (the “Reform Act”) and 14 C.F.R. Part 11. Myers 

Video Production is ready to offer commercial UAS operations while providing the level 

of safety required by the FAA.

As stated below this exemption would allow MVP to operate a UAS/UAV under 

controlled conditions set forth by the FAA and would provide the necessary safety 

requirements. MVP believes this would provide a higher level of safety for its operators 

and civilians as this would allow the UAV to enter areas that could cause harm to its 

employees (climbing high or dangerous structures or to larger aircraft operating in 

smaller areas with flammable gas on board) Approval of this exemption would thereby 

enhance safety and fulfill the Secretary of Transportation’s responsibilities to “... 
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establish requirements for the safe operation of such aircraft systems in the national 

airspace system.” Section 333(c) of the Reform Act.1

sUAV/UAS Requested for use:

Current Model: 3D Robotics Solo

Other possible sUAV/UAS:

3D Robotics X8+

3D Robotics X8-M

3D Robotics Y6

DJI-F450

DJI-F550

DJI - Inspire 1

DJI – Matrice 100

DJI - Phantom 2

DJI - Phantom 3

DJI – Spreading Wings S800

DJI – Spreading Wings S900

DJI – Spreading Wings S1000

DJI – Spreading Wings S1000+

Commercial Purpose: 

This request would allow MVP to operate a SUAV for the purposes of aerial inspection, 

photography and videography of residential and commercial real estate, weddings, aerial 

inspection, photography and videography of utility infrastructure, filmmaking, 

cinematography, and videography, forestry monitoring, aerial surveying, construction site 

inspection and monitoring, public entity support operations, Aerial imaging for safety, 

monitoring and comparing work efforts and completion percentages, and security of 

controlled environment of various sites, aerial video and live video feed, aerial video and 

photography for public and private use including television, public events, and 

cinematography live feed 

Regulations from which the Exemption Relief is 

requested:

14 C.F.R. § 61.113 (a) & (b) 14 C.F.R. § 91.151 (a)

14 C.F.R. § 61.133(a) 14 C.F.R. § 91.405 (a)

14 C.F.R. § 91.7(a) 14 C.F.R. § 407 (a) (1)

14 C.F. R.§ 91.119 14 C.F.R. § 409 (a) (2)

14 C.F.R. § 91.121 14 C.F.R. § 417 (a) & (b)

																																																							
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Petitioner:

Michael Myers

909 West Grove PKWY APT 1034

Tempe AZ 85283

Background:

Myers Video Production is a Sole Proprietor business owned and operated by Michael 

Myers for over 5 years. Michael Myers is a professional and acts as such on any project 

he undertakes for his clientele. Michael Myers is a contracted photographer for the 

Arizona Cardinals and has done freelance work for businesses such as ESPN, CSN, 

NCAA, National Football Playoffs, Super Bowl XLIX, News Aerial Photojournalism for 

AZ News Channels 3, 5, and 12, and local film production. While Flying as a news 

Photojournalist Michael Myers gained a profound respect and commitment to follow the 

rules set by the FAA and has seen how they provide the safest outcomes for both aircraft 

and civilians. Myers Video Production’s portfolio extends to Corporate, 

Healthcare/Medical, Manufacturing/Processing, Educational and Government 

Institutions, Nonprofit and Faith Based Organizations, Wildlife and Game Organizations, 

and Professional Sports. These experiences provide MVP a clear understanding of the 

rules set in an industry. 

Myers Video Production is looking to add drone videography to their job services to 

elevate their business as well as give their clients an edge on technology with better cost 

effective marketing strategies. Myers Video Production operates a 3d Robotics smart 

drone that provides another level of safety and is also actively seeking to follow the 

proper policy and procedures outlined by the federal government and the FAA on rules 

and regulations when it comes to occupying national airspace.

Myers Video Production has a commitment to safety and follows maintenance and onsite procedures to make sure the highest level of safety is achieved. 

In the past Michael Myers has worked on shows such as “American Daredevil” where he 

was placed 150 feet from a bus/car explosion for the show. With the use of a sUAV that 

distance could have been a much safer proximity to provide the same resulting shot.

Commitment to Safety:

MVP believes that a high level of safety by an experienced and properly licensed 

UAV/UAS operator will provide civilians/future operators with a better understanding of 

the rules and show them proper use of a UAV/UAS to differ users from using the 

UAV/UAS from harmful activities. 
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MVP wishes to use the UAV to provide shots that would otherwise put the camera 

operator in harms way. 1) Climbing to the heights or places a sUAV/UAS can reach with 

ease provide much less risk to the operator and civilians below. 2) The sUAV/UAS can 

be in closer proximity to hazardous conditions without risk to the operator, hazardous 

conditions could include a test site for an explosive or fire. 

Expertise & Experience:

Michael Myers is an experienced videographer working with many of the industries most 

advanced imaging solutions and handles each piece of equipment with care and respect to 

the environment it is being used in. As such, MVP will take this same professionalism 

into the public arena if granted the 333 exemption. Michael Myers has been in use of 

drones for over two years and is a proficient operator. 

The Exemption Request

MVP will use sUAVs for video and photo capture for commercial uses. MVP wishes to 

provide the best level of service to his customers for their promotion and feels that the 

addition of aerial footage would enhance their marketing efforts. 

The imagery and video will be used for aerial inspection, photography and videography 

of residential and commercial real estate, weddings, aerial inspection, photography and 

videography of utility infrastructure, filmmaking, cinematography, and videography,

forestry monitoring, aerial surveying, construction site inspection and monitoring, public 

entity support operations, Aerial imaging for safety, monitoring and comparing work 

efforts and completion percentages, and security of controlled environment of various 

sites, aerial video and live video feed, aerial video and photography for public and private 

use including television, public events, and cinematography live feed.

The UAS will be operated by a Myers Video Production to achieve shots with a birds eye 

view. With a drone weighing 3 lbs it is well within the 55 lb limit and would be achieving 

average speeds of 10-15 mph. This places it well within the zone for safety. 

MVP is asking to be considered for Reform Act § 333 (a). If the Secretary determines 

that such vehicles “may operate safely in the national airspace system, the Secretary shall 

establish requirements for the safe operation of such aircraft in the national airspace 

system.” Id. §333(c) 

As stated in 49 U.S.C. §44701(f) (See also 49 USC §44711(a); 49 USC §44704; 14 CFR 

§91.203(a)(1)) MVP believes that with an exemption it would be operating in the publics 

best interest and at the proper level of safety required by the FAA

Myers Video Production in filing this application is asking that the FAA combine the 

grant of the Section 333 exemption with a standard Certificate of Operation (COA) that 
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will allow commercial operations of Myers Video Production’s sUAV without needing to 

file for a COA per individual, unless that flight is in an area not approved by the 

exemption. 

Myers Video Production agrees to keep all flights below 400AGL and further than 5 

miles from the center of all airports. MVP’s sUAV has GEO fencing, speed boundaries, 

and set gps flights to provide the safest flying.

Operator Requirements:

As the sUAV provides a high level of safety and smart features Myers Video Production 

operators should not be required to hold a private pilot license. 

Reasoning:

1) MVP believes that the operator should know how to operate the sUAV in a safe manor 

and knowing how to operate a large manned aircraft is inconsistent/redundant with the 

skills required to operate a sUAV.

2) MVP uses a smart drone that can fly with predetermined gps coordinates, a fail safe 

return to home feature, a line of sight ( 900 ft ) operating distance, as well as other 

security mechanisms.

Given the sUAV safety features outlined below, Myers Video Production proposes that 

its operations under this Exemption request should not be required to hold a commercial 

or private pilot certification.

The sUAVs operated by MVP have course-plotting and intelligent control systems that 

allow the sUAVs to perform very accurate flight processes. In the case of an emergency 

the sUAVs have pre-programmed home features that allow the drone to safely return 

home and land where it took off from. The sUAV also has a safety feature to stop all 

motion and hover in place or to land in its current location.

Additional automated safety functions and safety enhancing features of the advanced 

sUAVs may include the following:

I. Low power on the sUAV alarms the operator at 25% and 10% levels. 

II. Auto-pilot detection of lost GPS or of insufficient satellites does not allow 

flight.

III. The aircraft weighs approx. 3lbs which is far below the 55 lb limit.

IV. The aircraft will operate within the height limits of 400 AGL ( which is 

limited by gps boundaries), but remain at an average of 150-200 AGL

Myers Video Production also asks that the exemption be issued without the need for a 

visual observer. MVP believes the per-determined flight path, safety features, mixed with 

the low speed of the aircraft and the control capabilities prevent the need for the visual 

observer. Operator will always have the aircraft in his or her direct sight. 
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Aircraft Safety:

Myers Video Production believes these features provide the level of safety or an even 

greater level of safety to meet the current regulations. MVP sees that these techonological 

advances provide a safer way to capture photo/video. These conditions are drawn from 

Exemptions 11136, 11138, 11172, 11174 and 11177, 11062, 11109, 11112, and 11213 

and as recent as 11857.

MVP agrees to the limitations and conditions when conducting commercial sUAV 

video/photo work under the FAA exemption:

I. Operations authorized by this grant of exemption are limited to a 

55 lb sUAV .

II. The sUAV is not to exceed 30 mpg, 10 mph in testing.

III. The sUAV must be operated at a max height of 400 AGL and will be 

enforced by a geofence.

IV. The sUAV will be in unaided VLOS at all times.

V. sUAV inspection before all flights to make sure all parts at 

performing as excepted.

VI. Any part replacement will undergo a test flight.

VII. Carry out maintenance, inspections, and record keeping requirements 

in accordance with the Operator’s Manuals

VIII. If the sUAV loses communications or loses its GPS signal, the UA 

must return to its “Home” Location.

IX. The Aircraft Operator will abort flight in emergency or unsafe 

conditions. 

X. All aircraft operated in accordance with the exemption must be 

branded by serial number, registered in accordance with 14 CFR part 

47, and have identification (N- Number) markings in accordance 

with 14 CFR part 45, Subpart C. Markings need to be readable 

without the use of tools.

XI. The radio frequency must comply with the FCC. 
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XII. All documents of exemption and registration must be available from 

the operator to any applicable law officer. 

XIII. The sUAV must yield to any manned operations such as vehicles, 

parachutes, parasailing, hang gliders, etc.

XIV. sUAV may not fly at night.

XV. Operation may not take place within 5 miles of the center of an 

airport.

XVI. It is the Operator’s responsibility to maintain the minimum safe 

altitudes required by § 91.119 (d) (1). 

XVII. Flights may not be 500 feet from non-participating persons, vehicles, 

or structures unless:

a. Barriers or structures are present that sufficiently protect 

nonparticipating persons from debris in the event of an 

accident. The Aircraft Operator must ensure that 

nonparticipating persons remain under such protection. If a 

situation arises where nonparticipating persons leave such 

protection and are within 30 feet of the UA, flight operations 

must cease immediately and/or;

b. The aircraft is operated near vessels, vehicles or structures 

where the land owner/controller has granted permission and/or 

the Aircraft Operator has made a safety assessment of the risk 

of operating closer to those objects and;

c. Operations near the Aircraft Operator do not present an undue 

hazard to the Operator per § 91.119(a).

XVIII. Any accident or operation outside of the COA must be reported to 

the FAA’s UAS Integration Office within 24 hours.

Specific Uses Public Benefits 

Myers Video Production proposes use of its sUAV provided equal or increased levels of 

safety for each of the uses proposed: 

The present systems of photography and videography leave operators climbing large and 

sometimes unsafe structures, Hanging from unsafe heights such as rooftops, or leave the 

need to breach unsafe gaps that can harm both the operator and his/her equipment. These 

operations can be steep, tall, slippery, weakened or otherwise hazardous. 

The use of an SUAV provides the operator a safe and time productive way to capture the 

necessary images to fulfill their job. 
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The use of manned aircraft can provide a much more dangerous solution as they are 

traveling at a much higher speed and carry explosive gas. sUAV do not carry explosive 

gas or carry such speeds as a manned aircraft and with the required shots that are taken 

less than 400 feet, the sUAV provides a much safer alternative to capture footage below 

400 feet to the operator and the public.

sUAV can also provide a safe distance for the operator from test or film sites that contain 

explosives, flammables, or high speed driving in a predetermined confined area. 

 

Equivalent Level of Safety

14 C.F.R. § 61.113(a) & (b)

Section 61.113(a) & (b) Unlike conventional aircraft carrying pilots, passengers, heavy 

gear, and cargo Myers Video Production’s sUAV is remotely controlled without 

passengers or property onboard.

MVP humbly propositions that operator requirements be taken into account with the high 

level of pre-programmed GPS integrated flight procedures and technical capabilities 

MVP’s sUAV possesses. 

Additional automated safety functions and safety enhancing features of the Myers Video 

Production’ sUAVs may include the following:

I. Auto-pilot detection of lost GPS or of insufficient satellites 

initiates an immediate landing.

II. Low power on the aircraft triggers escalating alarms at GCS at 

25% and 10% levels. 

III. Automatic safe landings pre-programmed to return home or land in 

place.

IV. Weighs less than 55 lbs

V. The sUAV will operate at no further than 400 ft AGL or 200 feet 

above a structure and not exceed 30 mph while filming. 

Given these safety features , conditions and restrictions, an equivalent level of safety will 

be provided by allowing operation of the Myers Video Production’ sUAV without a 

private pilot’s certificate or a commercial pilot’s certificate, under the conditions set 

forth.

Risks connected with the operation of MVP’s sUAV (provided its safe size, 

programmable capabilities, speed, and absence of flammable fuel) are extremely reduced 

from the level of risk in operating with private or commercial operations anticipated in 

Part 61 with the fixed wing or rotorcraft that allowing the operation of a sUAV meets or 

surpasses the level of safety provided by 14 C.F.R. § 61.113(a) & (b) and does not 
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increase to the level of needing a commercial pilot to operate the aircraft under § 

61.133(a).

14 C.F.R. § 91.7(a): Civil aircraft airworthiness.

This regulation requires that no person may operate a civil aircraft unless it is in 

airworthy condition. Should the exemption be granted allowing commercial operation of 

the UAS without an airworthiness certificate, no standard will exist for airworthiness of 

the UA. Given the size of the aircraft and the requirements that the Operator has agreed 

to as it relates to airworthiness, as contained in the manual, an equivalent level of safety 

will be achieved by insuring compliance with the manuals prior to each flight. The FAA 

has granted exemptions to conduct similar operations in Exemptions 11062 through 

11067, 11080 and 11110.

14 C.F.R. §91.119: Minimum safe altitudes

Section 91.119 creates safe altitudes for procedure of civil aircraft. Section 91.119 (d)

gives helicopters the permission to be controlled at less than the minimums and 

helicopters most resemble the flight or the sUAVs MVP uses.

The same level of safety will be provided when the size, weight, speed, and smart 

technology the sUAV is comprised of it taken into account. sUAVs provide an advantage 

to helicopters in that they do not disrupt the civilians/ground with the amount of wind to 

the ground, noise, dust, and risk of flammable gas while flying near subjects for footage. 

The FAA has granted similar exemptions- 11062 through 11067, 11080 and 11110.

14 C.F.R. §91.121 Altimeter Settings

Myers Video Production believes that the GPS altitude and distance from home reading 

provide or exceed the same safety as is set forth by 14 C.F.R. §91.121 and request an 

exemption. The FAA has granted exemptions to conduct similar operations in 

Exemptions 11062 through 11067, 11080 and 11110.

14 C.F.R. § 91.151(a): Fuel Requirements 

Myers Video Production is operating a UAV without fuel and with it being in the line of 

site while under operation from the furthest distance (approx. 900 ft the drone can be 

brought back to its original takeoff location within 2 minutes or less than 5% of battery 

life. As such Myers Video Production has strict guidelines to bring the UAV back to its 

home location for battery change and Inspection at 10% or greater battery life. MVP 

believes that this meets or exceeds the safety set forth by 14 C.F.R. § 91.151(a).
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14 C.F.R. §91.405 (a); 91.407 (a) (1); 91.409(a) (2); 91.417(a) & (b): Maintenance 

Inspections

These	systems	necessitate that	an	aircraft	operator	have	the	aircraft	inspected	in	

compliance	with	Part	43.	Given	that	these	sections	apply	to	aircraft	with	a	certificate	

of	airworthiness	these	do	not	apply	to	the	sUAV	operated	by	MVP.	MVp	has	attached	

the	safety	manuals	provided	by	3d	Robotics	for	further	maintenance	considerations.

The Operator will make sure that all necessary maintenance is taken care of before each 

flight and that a test flight will ensue any maintenance that takes place. Moreover, the 

Operator and manufacturer are most familiar with the aircraft and best suited to maintain 

the aircraft in an airworthy condition to provide the equivalent level of safety. The FAA 

has granted exemptions for similar operations in Exemptions 11062 through 11067, 

11080 and 11110.

Federal Register Publication

Myers Video Production seeks an exemption from the following rules:

14 C.F.R. §§ 61.113(a) & (b); 91.7(a); 91.119; 91.121; 91.151(a); 91.405(a);

91.407(a)(1); 91.409(a)(2) and 91.417 (a) & (b) so that they may commercially operate a 

small UAV (55 lbs. or less) for the following purposes- aerial inspection and photography 

of residential and commercial property, filmmaking, cinematography, and videography,

special events: including high schools, colleges or professional sporting events, wildlife 

and forestry, aerial surveying, construction site inspection and monitoring, public entity

support operations, aerial video and live video feed to assist with search and rescue 

operations under the authority and support of local authority officials, aerial video and 

photography for public and private use including television, public events, and 

cinematography live feed and live newsgathering, open air events and fairs, research, 

motion picture production, closed set filming.

Privacy/ National Security

All flights over private property will only be done with the owner’s prior consent. MVP 

has no business with private investigators or any business that operates to secretly obtain 

information on citizens. The size of the UAS, its speed and constrained area of operation 

do not raise national security issues.

Summary
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Approval of exemptions allowing commercial operation of sUAVs for Myers Video 

Production to operate an unmanned aircraft system (UAS) to be used for aerial 

inspection, photography and videography of residential and commercial real estate, 

weddings, aerial inspection, photography and videography of utility infrastructure, 

filmmaking, cinematography, and videography, forestry monitoring, aerial surveying, 

construction site inspection and monitoring, public entity support operations, Aerial 

imaging for safety, monitoring and comparing work efforts and completion percentages, 

and security of controlled environment of various sites, aerial video and live video feed, 

aerial video and photography for public and private use including television, public 

events, and cinematography live feed.

Conventional methods of procuring birds eye view using jet or piston powered aircraft, 

ladders, lifts, roofs or tall hazardous/weakened structures, proximity to test sites for 

explosives/flammable stunts greatly exposes operators to a higher risk than those created 

by the use of sUAVs. sUAVs carry much less weight, no flammable gas, and reduce the 

risk of flying is smaller spaces. The sUAV is carried to the target area and does not place 

any passengers or crew with the risks associated with manned aircraft flights.

Operating the sUAV with the above capabilities, low speeds, weight, gps integration with 

pre-determined flights, and within the operators line of sight allow the sUAV to meet or 

exceed the level of safety that supports the grant of the exemptions requested. 

Satisfaction of the criteria provided in Section 333 of the Reform Act of 2012 –size, 

weight, speed, operating capabilities, proximity to airports and populated areas and 

operation within visual line of sight and national security – provide more than acceptable

validation for the grant of the requested exemptions allowing commercial operation of 

Petitioner’s UAS for the Purposes outlined herein and are consistent with exemptions 

already granted, including Exemptions number 11171 through 11174, 11176, 11177, 

11062, 11109, 11112, and 11213 and as recent as 11857.

Sincerely,

Michael Myers

Myers Video Production

909 West Grove PKWY APT 1034

Tempe, AZ 85283

Attached Private Documents:

- 3d Robotics Solo manuals.

- FAA UAV Registration