August 25, 2015

U.S. Department of Transportation 

Docket Management System 

1200 New Jersey Ave., SE 

Washington, DC 20590 

In Motion Productions, Inc. Petition for Exemption to Operate Small Unmanned Aircraft

Systems 

FAA Regulatory Docket

NAME AND ADDRESS OF PETIONER 

Name: In Motion Productions, Inc 

Attn: Mark J. Barrett

Address: 3606 NE 67th Terrace, Silver Springs, FL 34488

Telephone: 352-236-2282

Email: mjb@markjbarrett.com

Dear Sir or Madam: 

Pursuant to the Section 333 of the FAA Modernization and Reform Act of 2012 (the "Reform Act"), In 

Motion Productions, Inc. (the "applicant"), operator of an Unmanned Aircraft Systems ("UAS") seeks 

an exemption from the Federal Aviation Regulations ("FARs") to allow for commercial operation for 

aerial imaging and video for the purpose of marketing materials and media. 

BACKGROUND

Petitioner is a photo/ video production company producing still photography and commercial films for 

a variety of commercial and non profit clients for 28 years. Petitioner seeks the requested exemptions 

and a Certificate of Authorization to permit Petitioner to offer on-demand commercial UAS operations 

for a host of industries and applications including: 

• Aerial photography and/or video for public and/or private use including real estate, 

architecture, land surveying, engineering and other related professional activities.

• Aerial video and/or photography for public and/or private use including television, video

production, public events, landscape cinematography and network news imaging. 

• Aerial inspection/photography of residential/commercial structures under contract with 

the owners or local government authority. 

• Aerial video/photography or providing live video feed to assist with search and rescue 

operations in cases of an emergency or natural disaster only when the local authorities or

government has requested it by contract or donation. 6. 

• Training to persons individually or belonging to both private and/or public organizations

to increase awareness and improve safety for current and future UAS operations within 

the National Airspace System (NAS). Real 

• Wildlife and forestry monitoring 

• Educational and research operations
Regulations from which the exemption is requested: 

14 CFR Part 21 subpart H 

14 CFR 45.23 (b) 

14 CFR 61.113(a) 

14 CFR 91.7 (a) 

14 CFR 91.9 (b) (2) 

14 CFR 91.103 

14 CFR 91.109 

14 CFR 91.119(c) 

14 CFR 91.121 

14 CFR 91.151 (a) 

14 CFR 91.203 (a) & (b) 

14 CFR 91.405 (a) 

14 CFR 91.407 (a) (1) 

14 CFR 91.409 (a) (2) 

14 CFR 91.417 (a) & (b) 

The small UAS’s I will be using are multi-rotor craft weighing no more than 55lbs. including payload. 

Under normal conditions they operate at speeds of no more than 45 Mph or 39 Knots and have the 

ability to hover and move along a vertical and horizontal plane simultaneously. They will operate in 

line of sight only and by the exempted person only obeying all other local and federal laws. Given the 

small size of the UAS and the controlled environment provided the proposed operations will adhere to 

the Reform Act’s safety requirements. The approval of this application presents no national security 

issues. Regarding the level of safety surrounding the proposed operations and the public benefit, 

reduction in environmental impacts, including but not limited to reduced emissions and noise, the grant

of the requested exemption is in the public interest. Accordingly the applicant requests that the FAA 

grant the requested exemption with minimum delay. 

AIRCRAFT AND EQUIVALENT LEVEL OF SAFETY The operation limitations proposed for an 

equivalent or higher level of safety because operations will further enhance the safety of the persons 

and/or property using conventional aircraft. These limitations and conditions to which the applicant 

agrees to adhere to when conducting commercial operations under the FAA issued exemption as set 

forth in the Flight Operations Manual (FOM) include: 

1. The small UAS will weigh less than 55 lbs.

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

3. Maximum flight time for each operational flight will be 30 minutes. Flights will be 

terminated at 25% battery power reserve or 30 minutes of flight time whichever occurs 

first. 

4. Flights will be operated at an altitude of no more than 400 feet Above Ground Level 

(AGL) and not more than 200 feet above an elevated platform from which filming is 

planned. 

5. Minimum crew for each operation will consist of the small UAS Pilot in Command 

(PIC), the Visual Observer (VO) when needed and may include but not limited to a 

Camera Operator. 

6. The small UAS pilot will be Mark J. Barrett ONLY not allowing any other person to 

operate the small UAS in a commercial capacity. 
7. A briefing will be performed regarding the planned small UAS operations prior to each 

day’s flight consisting of all the days’ production activities. 

8. The PIC will obtain verbal/written consent of all persons involved with the planned 

operation and ensure that only consenting persons will be allowed within 100 feet of the 

flight operation, and the radius may be reduced to 30 feet based upon an equivalent level

of safety determination, as required under the FOM. With the advanced permission or 

direction of the FSDO, operations at closer range may be approved. 

9. The PIC and VO will have been trained in operation of small UAS and receive up-todate information for the particular small UAS to be operated and will be able to show 

upon request their competent ability to operate the small UAS and/or Camera. 

10. The PIC and VO will be able to communicate by voice, radio, and/or text at all times.

11. Written and/or verbal permission and permits will be obtained from territorial, state, 

county or city jurisdictions, including law enforcement, fire or other appropriate 

governmental agencies when needed. 

12. If the small UAS loses communications or loses GPS signal, the small UAS will have 

the capability to return to a pre-determined location within a designated location and 

land autonomously. 

13. The small UAS will have the capability to abort a flight in case of unpredicted obstacles,

weather, or emergencies. 

14 C.F.R. Part 21, Subpart H: Airworthiness Certificates 14 C.F.R. §91.203 (a) (1) 

The small UAS to be operated is less than 55 lbs. fully loaded, carries neither a pilot nor passenger, 

carries no explosive materials or flammable liquid fuels, and operates exclusively within a secured and 

designated area. Unlike other civil aircraft, operations under this exemption will be tightly controlled 

and monitored by both the operator and under the requirements and in compliance with local public 

safety requirements. These safety enhancements provide a greater degree of safety to the public and 

property owners than conventional operations conducted with airworthiness certificates issued under 14

C.F.R. Part 21, Subpart H. Lastly, application of these same criteria demonstrates that there is no 

credible threat to national security posed by the small UAS, due to its size, speed of operation, location 

of operation, lack of explosive materials or flammable liquid fuels, and inability to carry a substantial 

external load. 

14 C.F.R. § 45.23 (b). Marking of the Aircraft

Even though the small UAS will have no airworthiness certificate, an exemption may be needed as the 

small UAS will have no entrance to the cabin, cockpit or pilot station on which the word 

“Experimental” can be placed. Given the size of the small UAS, two-inch lettering will be impossible. 

The word “Experimental” will be placed on the fuselage in compliance with §45.29 (f). The equivalent 

level of safety will be provided by having the small UAS marked on its fuselage as required by §45.29 

(f) where the pilot, observer and others working with the small UAS will see the identification of the 

small UAS as “Experimental.” 

14 C.F.R. § 61.113(a): Private Pilot Privileges and Limitations: Pilot in Command. 

Our small UAS do not carry any pilots or passengers nor property therefore I am seeking an exemption 

to 14 CFR 61.113(a). Although helpful, a pilot’s license will not ensure remote control piloting skills. 

The risks attendant to the operation of small UAS is far less than the risk levels inherent in the 

commercial activities outlined in 14 CFR 61. I feel the operation and limitations set forth in the FOM 
will equate to the safe operation of the small UAS. 

14 C.F.R. §91.7(a): Civil Aircraft Airworthiness.

The regulation requires that no person may operate a civil aircraft unless it is in airworthy condition. As

there will be no airworthiness certificate issued for the aircraft, should this exemption be granted, no 

FAA regulatory standard will exist for determining airworthiness. Given the size of the aircraft for 

maintenance and use of safety checklists prior to each flight an equivalent level of safety will be 

provided. 

14 C.F.R. § 91.9 (b) (2): Civil Aircraft Flight Manual in the Aircraft. 

The small UAS, given its size and configuration has no ability or place to carry such a flight manual on

the aircraft, not only because there is no pilot on board, but because there is no room or capacity to 

carry such an item on the aircraft. The equivalent level of safety will be maintained by keeping the 

flight manual at the ground control point where the pilot flying the small UAS will have immediate 

access to it. 

14 C.F.R. § 91.103: Preflight Action. 

This regulation requires each pilot in command to take certain actions before flight to insure the safety 

of flight. As FAA approved rotorcraft flight manuals will not be provided for the aircraft an exemption 

will be needed. The OPERATOR will take all actions including reviewing weather, flight battery 

requirements, landing and takeoff distances and aircraft performance data before initiation of flight. 

14 C.F.R. §91.109: Flight Instruction. 

Small UAS and remotely piloted aircraft, by their design do not have fully functional dual controls. 

Flight control is accomplished through the use of a control box that communicates with the aircraft via 

radio communications. The FAA has approved exemptions for flight training without fully functional 

dual controls for a number of aircraft and for flight instruction in experimental aircraft. The equivalent 

level of safety provided by the fact that neither a pilot nor passengers will be carried in the aircraft and 

by the size and speed of the aircraft. 

14 C.F.R. §91.119: Minimum Safe Altitudes. 

As this exemption is for a small UAS that is a helicopter and the exemption requests authority to 

operate at altitudes up to 400 AGL, or not more than 200 above an elevated platform from which 

filming is planned, an exemption may be needed to allow such operations. As set forth herein, the small

UAS will never operate at higher than 400 AGL with the exception that in circumstances where the 

small UAS is used to survey or photograph a structure whose height exceeds 400 feet AGL, the small 

UAS will not be operated more than 100' above the highest point on the structure. It will however be 

operated in a restricted area with security perimeter, where buildings and people will not be exposed to 

operations without their preobtained consent. The equivalent level of safety will be achieved given the 

size, weight, speed of the small UAS as well as the location where it is operated. No flight will be taken

without the permission of the property owner or local officials. Because of the advance notice to the 

property owner and participants in the filming activity, all affected individuals will be aware of the 

planned flight operations. Compared to flight operations with aircraft or rotorcraft weighting far more 

than the maximum 55lbs. proposed herein and the lack of flammable fuel, any risk associated with 
these operations is far less than those presently presented with conventional aircraft operating at or 

below 500 AGL. In addition, the low-altitude operations of the small UAS will ensure separation 

between these small- UAS operations and the operations of conventional aircraft that must comply with

Section 91.119. 

14 C.F.R. §91.121 Altimeter Settings. 

As the small UAS may not have a barometric altimeter, but instead a GPS altitude read out, an 

exemption may be needed. An equivalent level of safety will be achieved by the operator, pursuant to 

the safety check list and live flight data monitoring, confirming the altitude of the launch site shown on 

the GPS altitude indicator before flight. 

14 C.F.R. § 91.151(a): Fuel Requirements for Flight in VFR Conditions 

Given the limitations on the small UAS’s proposed flight area and the location of its proposed 

operations within a predetermined area, a longer time frame for flight in daylight or twilight VFR 

conditions is reasonable. Applicant believes that an exemption from 14 CFR §91.151(a) falls within the

scope of prior exemptions. Operating the small UAS, in a tightly controlled area where only people and

property owners or official representatives who have signed waivers will be allowed, with less than 30 

minutes of reserve fuel, does not engender the type of risks that Section 91.151(a) was intended to 

alleviate given the size and speed of the small UAS. Applicant believes that an equivalent level of 

safety can be achieved by limiting flights to 30 minutes or 25% of battery power— whichever happens 

first. This restriction would be more than adequate to return the small UAS to its planned landing zone 

from anywhere in its limited operating area. 

14 C.F.R. §91.203 (a) and (b): Carrying Civil Aircraft Certification and Registration

The small UAS fully loaded weighs no more than 55 lbs. and is operated without an onboard pilot. As 

such, there is no ability or place to carry certification and registration documents or to display them on 

the small UAS. An equivalent level of safety will be achieved by keeping these documents at the 

ground control point where the pilot flying the small UAS will have immediate access to them; to the 

extent they are applicable to the small UAS. 14 C.F.R. §91.405 (a); 407 (a) (1); 409 (a) (2); 417(a) & 

(b): Maintenance Inspections. These regulations require that an aircraft operator or owner “shall have 

that aircraft inspected as prescribed in subpart E of this part and shall between required inspections, 

except as provided in paragraph (c) of this section, have discrepancies repaired as prescribed in part 43 

of this chapter...,” and others shall inspect or maintain the aircraft in compliance with Part 43. Given 

that these section and Part 43 apply only to aircraft with an airworthiness certificate, these sections will 

not apply to the applicant. Maintenance will be accomplished by the operator pursuant to the flight 

manual and operating handbook. An equivalent level of safety will be achieved because these small 

UASs are very limited in size and will carry a small payload and operate only in restricted areas for 

limited periods of time. If mechanical issues arise the small UAS can land immediately and will be 

operating from no higher than 400 feet AGL. The operator will ensure that the small UAS is in working

order prior to initiating flight, perform required maintenance, and keep a log of any maintenance 

performed. Moreover, the operator is the person most familiar with the aircraft and best suited to 

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

An equivalent level of safety will be achieved because maintenance and inspections will be performed 

in accordance with the small UAS Manufacturer's Manual, as referenced in the Aircraft Operations 

Manual (AOM). As provided in the FOM, the operator will ensure that the small UAS is in working 
order prior to initiating flight and perform required maintenance needed. 

Additionally: 

1) I do not operate within 5 miles of an airport unless prior contact to Air Traffic Control or the airport 

manager has been made.

2) I land my UAS prior to manufacturer recommended minimum level of battery power

3) I pilot my UAS through remote control by line of sight 

4) My UAS uses GPS and a flight safety feature whereby it returns to a pre programmed position and 

then slowly lands if communication with the remote control pilot is lost 

5) I actively analyze flight data and other sources of information to constantly update and enhance 

safety protocols 

6) I conduct extensive pre-flight inspections and protocol, during which safety carries primary 

importance 

7) I always obtain all necessary permissions prior to operation; and, 

8) I have procedures in place to abort flights in the event of safety breaches or potential danger. 

Small UAS to be used is as follows: 

(1) DJI Phantom 3 Professional 

Weight (Including Battery And Propellers) 1280 g

Diagonal Size (Including Propellers) 590 mm 

Max Ascent Speed 5 m/s 

Max Descent Speed 3 m/s 

Hover Accuracy 

• Vertical: +/- 0.1 m (when Vision Positioning is active) or +/- 0.5 m 

• Horizontal: +/- 1.5 m Max Speed 16 m/s (ATTI mode, no wind) 

Thank you for your time in reviewing and considering my section 333 exemption.

Sincerely,

Mark J. Barrett