1429 N. Umbrella Ave. Broken Arrow, OK 74012

(918) 249-0083 cell: (918) 521-4726 www.captainvideoinc.com

email: Passmore@captainvideoinc.com

January 9, 2016

U.S. Department of Transportation

Docket Management System

1200 New Jersey Avenue SE

Washington, DC 20590

Dear Recipient,

In accordance with the FAA’s Guidelines for Submitting a Petition for Exemption under 

Section 333 of the FAA Modernization and Reform Act of 2012, Captain Video 

Productions, kindly requests exemption from the following sections of Title 14, Code of 

Federal Regulations §§ 

14 C.F.R. 61.113(a)

14 C.F.R. 61.113(b)

14 C.F.R. 91.119(c)

14 C.F.R. 91.121 14 C.F.R. 91.151(a)

14 C.F.R. 91.405(a)

14 C.F.R. 91.407(a)(1)

14 C.F.R. 91.409 (a)(1)

14 C.F.R. 91.409(a)(2)

14 C.F.R. 91.417(a) & (b)

Captain Video Productions kindly seeks relief from the listed regulations in order to 

operate small unmanned aircraft systems (UAS) commercially in airspace regulated by 

the Federal Aviation Administration (FAA) for the purposes of aerial photography, 

cinematography, videography and other aerial operations that can be performed safely 

and more cost effectively with the use of small UAS at low altitude within the U.S. 

national airspace system as compared to a manned aircraft. Safe UAS operations 

conducted within FAA guidelines will support local business and create positive 

awareness in the community by providing UAS alternatives to previous methods of 

larger, more dangerous aircrafts. Compensated tasks will be conducted only at the 

request of and with authorization and permission of clients or their authorized agents in 
compliance with privacy Laws and FAA Regulations. In addition, Captain Video 

Productions will conduct UAS flights within and under the conditions outlined herein or 

as may be established by the FAA as required by Section 333.

The FARs

I. Captain Video Productions seeks exemption from the above mentioned FARs for the 

following reasons;

61.113(a) & (b)

Captain Video Productions requests relief in order to facilitate the utilization of an 

experienced UAS operator with the addition of a trained observer. All pre-flight 

inspection, maintenance and flight logs will be saved and made available to the FAA 

and Secretary of Transportation (SoT) for review; with the purpose of safely integrating 

civil UAS operation in the National Airspace System. The petitioner will conduct flights 

as the authorized UAS Operator. The UA controlled by the Operator will perform at 

altitudes well below the permissible limits for other civil aircrafts, eliminating the risk to 

other aircrafts.

91.119(c)

Captain Video Productions requests modification, waiver or exemption and clarification 

concerning the terms “congested areas” and “densely populated”. The petitioner 

requests waiver for this condition to allow reasonable and responsible operations in 

areas of subdivisions and neighborhoods if required. Captain Video Productions will 

primarily operate the UAS between ground level and 200 feet. The UAS will be operated 

over designated properties with the consent of the local municipality or their designated 

agent and while maintaining a safe distance from persons. The petitioner will compile 

flight data from the logs. This data may assist the FAA in development of regulations for 

commercial operations in low-risk, controlled environments.

91.121

As discussed in Exemption 11138 (DOUGLAS TRUDEAU) is inapplicable since the 

UAS does not have an altimeter and instead utilizes electronic GPS with a barometric 

sensor for altitude information. Altitude information is generated by the UA on board 

computing system, its then received and displayed at the operators ground station.

91.151(a)

As discussed in Exemption 11136 (ADVANCED AVIATION SOLUTIONS LLC) prior 

relief has been granted for manned aircraft to operate at less than the prescribed 

minimums, including Exemption Nos. 2689, 5745, and 10650. In addition, similar UAS 

specific relief has been granted in Exemption Nos. 8811, 10808, and 10673 for daytime, 
VFR conditions. The UAS provides battery power remaining in percent to the PIC. The 

UA batteries provide approximately 25 minutes of powered flight. Information provided 

in the operating documents discusses procedures regarding remaining battery power 

management. Those documents contain a condition in which the PIC will initiate a 

landing procedure when battery remaining reaches a specified level. Given the 

limitations on proposed operations and the location of those proposed operations, The 

FAA found that a reduced minimum power reserve for flight in daytime VFR conditions 

was reasonable.

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

As discussed in Exemption 11138 (DOUGLAS TRUDEAU), The petitioner proposes to 

inspect and ensure that the UAS is in a condition for safe flight in accordance with the 

operating documents. The FAA found that adherence to the petitioner’s operating 

documents and the conditions and limitations specified, describing the requirements for 

maintenance, inspection, and record-keeping, were sufficient to ensure that safety 

would not be adversely affected. 

Areas of interests for UAS commercial use

Aerial video and or photography for real estate, architecture, agriculture, land surveying, 

engineering, television, cinematography, and news media. Aerial inspections and or 

photography of residential or commercial structures, utility infrastructures including but 

not limited to electrical power lines, wind turbines and cell towers. In addition, live 

streaming aerial video in efforts assist in search and rescue operations ONLY at the 

legal authorization of local authorities or government. 

The UAS

Captain Video Productions seeks exemption to operate UA Multifunctional Quad-rotor 

Systems by DJI (DJI Phantom 2, DJI Phantom 3, and DJI Inspire 1) for compensation or 

hire within the National Airspace System. The DJI Phantom 2, 3, and Inspire 1 are 

highly successful consumer grade small rotor crafts in the quadcopter configuration. 

They are vertical takeoff and landing (VTOL) UAS with a Ground Control Station (GCS) 

utilizing an electronic tablet. All 3 systems contain internal measuring units (IMU) with 

integrated barometric sensors augmented with global positioning systems (GPS) to 

maintain their geospatial orientation and position. Real time video control station allows 

the operator and/or PIC to monitor battery level, GPS signal strength, altitude, distance 

from PIC, camera imagery, and control camera angle. Integrated failsafe mode Return 

to Home aid and assist operations for either loss of RC or GPS signal. The onboard 

flight controllers will warn the pilot via telemetry and external lighting cues before 

reaching a low battery state. The 3 UASs have the capability to abort a flights and return 

to home safely in case of any unpredicted obstacles or emergencies.
DJI Phantom 2 

Dimensions: 210x335x335 mm

Weight: 1000g / 2.20lb

Intelligent Flight Battery: 5200mAh 25min Flight Time

Max Flight Speed:15m/s or 33.5mph

Operating Frequency: 2.4GHz ISM

Key Features:

Live real-time flight data Intelligent Orientation Control (IOC), GPS, and Return to home 

failsafe Self-tightening locking Propellers

Dynamic home point orientation

Intergraded No Fly Zones prevents inadvertently entering protected air space

Intelligent Flight Battery includes capacity data, over charge/discharge protection, 

maintenance data.

DJI Phantom 3

Dimensions: 203x330x457 mm

Weight: 1280g / 2.8lb

Intelligent Flight Battery: 4480mAh 23min Flight time

Max Flight Speed: 16m/s or 35.7mph

Operating Frequency: GHz; 2.400~2.483 GHz

Key Features:

Live real-time flight data

Intelligent Orientation Control (IOC), GPS, and Return to home failsafe

Self-tightening locking Propellers

DJI Vision Positioning System for improved safety

Dynamic home point orientation

Intergraded No Fly Zones prevents inadvertently entering protected air space

Intelligent Flight Battery includes capacity data, over charge/discharge protection, 

maintenance data.

DJI Inspire 1

Dimensions: 438x451x301mm

Weight: 2935g / 6.47lb

Intelligent Flight Battery: 5200mAh 18min Flight time

Max Flight Speed: 22m/s or 49.2mph

Operating Frequency: 5.725~5.825 GHz; 2.400~2.483 GHz

Key Features:

Live real-time flight data

Intelligent Orientation Control (IOC), GPS, and Return to home failsafe

Self-tightening and locking Propellers

DJI Vision Positioning System for improved safety

Dynamic home point orientation

Intergraded No Fly Zones prevents inadvertently entering protected air space

Intelligent Flight Battery includes capacity data, over charge/discharge protection, 

maintenance data.
Risk Mitigation

Aerial Safety is of the utmost concern. Captain Video Productions has reviewed FAA 

exemptions reference’s 1-3 Conditions and Limitations section and believes that the 

procedures specified therein are reasonable and will be utilized in order to manage and 

mitigate risk and ensure public safety. A preflight checklist is being developed and 

employed to ensure that the UA airworthiness and will be verified before each launch. 

Airworthiness will be maintained by performance of routine inspections before each 

flight, maintaining flight and maintenance logs. These documents will be made available 

upon request to assist in future implementation of safety standards and regulations. The 

petitioner will only operate the UAS over designated properties with the clients consent. 

Flight plans will be predetermined to limit the UASs flight time and limit safety concerns. 

The petitioner will take into account distance from persons and potential flight obstacles 

prior to operating the UAS. UAS operations will always be within VLOS of the PIC and 

the observer. The petitioner/Operator will carry suitable insurance for the protection of 

the Operator and the Public thus providing positive and responsible UAS operations in 

the community.

Developing Flight Check List

On hand DJI Phantom2 and DJI Inspire 1 official Manuals and procedures

Reference B4UFLY Smartphone App

Optimal weather conditions have been verified

Location scouting including landing and takeoff distance

Establish reasonable low altitudes to ensure safety of civil aircrafts

Obtain consent of all persons involved in filming including land and property owners 

Visual Inspection of aircraft

Prepare flight logs

Flight battery and transmitter battery at full charge

Propellers are in proper airworthy conditions and are securely locked and mounted. 

Perform sensor and compass calibration

DJI Ground Station activated

Clear uninterrupted communication between UAS and remote

Visually inspect and ensure all motors are running properly and rotate evenly.

Ascend 10ft for control inspections: Forward, Back, Left, Right, Hover.

Visually inspect for controlled flight performance along with ground station data.

Flights will be operated within line of sight of a pilot and/or observer.

Maximum flight time for each operational flight will be no more than 30 minutes.

Flights will be terminated at no less than 25% battery power reserve should that occur 

prior to the 30 minute limit.

Flights will be operated at an altitude below 400 feet AGL, and not more than 200 feet 

above an elevated platform from which filming is planned.

Upon completion of flight operations perform visual inspection

Record all flight data into the Flight Logs

Perform regular scheduled maintenance
 

Public interest

Choice of UAS over a manned aircraft would enhance safety and reduce the 

environmental impact as compared to similar operations conducted with manned aircraft 

of greater proportions, carrying a crew and flammable fuel. The use of UAS can cut 

down on complaints on air noise from manned aircraft. Additionally, the use of the UAS 

in order to facilitate commerce could lead to economic growth. Operations for this 

petition will enable service for property owners or their designees seeking an enhanced 

perspective for characteristics, amenities, and benefits of their desired photographic 

subjects that cannot be displayed through ground level videography/photography. Crop 

surveying applications could lead to decreased use of pesticides and fertilizer and 

conservation of water as well as increased crop yields and decreased costs. Aerial 

surveying and inspections can increase planning efficiency, improve resource 

estimations, and reduce risks to personnel and property. The petitioner will provide 

clients with photographic data for these purposes on a ‘for hire’ basis acting as an 

independent contractor. Flight data including UA flight time, Control Unit operation time, 

incident, accident, and details concerning any deviations from normal operations will be 

available upon request for use in collecting data regarding the use of UAS as part of 

these applications. 

Conclusion

Captain Video Productions is requesting this exemption for the purposes of aerial 

photography, cinematography, and videography. Captain Video Productions wishes to 

provide safe and reliable services for businesses such as but not limited to, real estate, 

architecture, agriculture, land surveying, engineering, television, cinematography, and 

news gathering. By providing safe deployments and cost effective operations through 

UAS Captain Video Productions is offering a much needed and desired service in the 

community. Captain Video Productions can ensure adherence to standards and 

protocols and can develop and refine generally applicable safety guidelines and 

processes. The primary purpose of seeking this exemption is to obtain the capability to 

offer UAS services while remaining in compliance with FAA regulations. Captain Video 

Productions has been doing video productions for over 30 years. One of our operators

has over 10 years of experience in the UAS and radio control model aircraft as a hobby 

and has had a private pilot's license for over 30 years. We wish to move forward in this 

ever growing industry. 

Respectfully Submitted,

Jim Passmore