Videophotog	Productions	(Videophotog.com)

256	Tropic	BLVD	East

Largo,	FL	33770

dan@videophotog.com

727 492 3223	Dan	Foard Cell	Phone

cameron@videophotog.com

727 600 5299 Cameron	Foard	Cell	Phone

June	9,	2015

US	Department	Of	Transportation

Federal	Aviation	Administration

800	Independence	Ave	SW

Washington	DC 20591

Dear Sir or Madam:

 Pursuant to Section 333 of the FAA Modernization and Reform Act of 2012(the 

reform act) and CFR Part 11 Videophotog Productions (Videophotog.com), owner and 

operator of Small Unmanned Aircraft Systems (UASs), request to be exempted from the 

Federal Aviation Regulations (FAR) listed below so that Videophotog Productions 

(Videophotog.com) may operate UASs commercially in airspace regulated by the FAA., 

as long as such operations are conducted within and under the conditions outlined 

herein or as maybe established by the FAA as required by Section 333.

Videophotog Productions (Videophotog.com) is co-owned by Daniel Foard and Cameron 

Foard. Both are Broadcast Television Sports SPSG Safety certified Camera operators and 

experienced Drone pilots. Both have Florida Drivers licenses. Daniel Foard has a private 

pilot’s license and will be the PIC. All operations will be performed with the public’s 

safety and right to privacy safeguarded at all times. 

 As described below, the requested exception would permit the operation of light 

weight (less than 55 lbs. total takeoff weight) UASs under controlled conditions for 

commercial use by a certified private pilot thereby enhancing safety and fulfilling the 

Secretary of Transportation’s ( the FAA Administrator’s) responsibility to” establish 

requirements for safe operation of such aircraft systems in national airspace systems.” 

Section 333(c), of the Reform Act. 
 Videophotog Productions (Videophotog.com) UASs are rotorcraft weighing less than 

55 pounds including payload. (The DJI Inspire 1 Quad Copter and they operate at a 

speed less than 50 knots and have the capability to hover and move in the vertical and 

horizontal plane simultaneously. Both have an auto return to launch point when battery 

power is under 25%. The UAS will operate within the line of sight with in a protected 

flight area as described below and at 200 feet AGL or less with an observer located close 

at hand as to make voice communication possible. These operations will not create a 

hazard to users of the nation airspace, public nor the environment.

 Videophotog Productions (Videophotog.com) respectfully requests the grant of an 

exception to the following specific sections of the Title 14 Code of Federal regulations 

allowing it to operate lightweight UASs for commercial use,

 14 CFR 21, subpart H, 14 CFR 45.23 (b) 14 CFR 91.7 (a), 91.9 (b) (2) 91.103 (b), 

91.109, 91.119, 91.121,91.151,(a), 91.203(a) &(b),91.405(a),91.407(a)(1), 

91.409(a)&(b).

 Videophotog Productions (Videophotog.com) submits this application in accordance 

with the Reform Act ,112 P.L. 95 331-334, seeking relief from any currently applicable 

FAR’S operating to prevent Videophotog Productions (Videophotog.com) future 

commercial use of small UASs to operate in the national airspace system as described 

below. The reform Act section 332 provides for such integration of civil unmanned 

aircraft into our national airspace system as it is in the public’s interest to do so. 

Videophotog Productions (Videophotog.com) UASs meet the definition of “small 

unmanned aircraft” as defined in Section 331 and therefor the Reform Act expressly 

contemplates the integration of these UASs. Videophotog Productions 

(Videophotog.com) would like to operate its light weight UASs prior to the time period 

by which the Reform Act requires the FAA to promulgate rules governing such aircraft.

 The Reform Act directs the Secretary of Transportation to consider whether certain 

unmanned aircraft systems may operate safely in national airspace before completion of 

the rule making required under Section 332 of the reform Act. In making this 

determination, the Secretary of Transportation is required to determine which UASs do 

create a hazard to users of the national airspace system or the public or pose a threat to 

national security in light of the following:

 The UASs size, speed, weight and operational capability

 Operation of the UASs in close proximity to airports and populated areas

 Operation of the UASs within visual line of sight of the operator

 Reform Act 333(a). If the secretary determines that such vehicles “may operate safely 

in National Airspace System, the secretary shall establish requirements for the safe 

operation in national airspace.

					
Videophotog Productions (Videophotog.com) are rotorcraft weighing less than 55 lbs. and 

they operate at speeds less than 50 knots and have the capability to operate in the 

vertical and horizontal plane simultaneously. The UASs will operate only within the line 

of sight of the operator within a protected flight area and at 200 feet AGL or less. These 

will not present a hazard to the national airspace nor the public.

 The very small nature of these UASs combined with the safe guards presented below, 

will allow for the safe operation greater than that envisioned by Congress for the FAA to 

establish and by exemption allow commercial operations of UASs to commence 

immediately. Also due to the size of UASs and the areas and altitudes they will operate 

approval of this exception presents no national security issues and absolutely minimal 

safety concerns which have been mitigated through our rigorous risk management 

process. Given the clear direction given in Section 333 of the Reform Act, the authority 

contained in the Federal Aviation Act, as amended, the strong equivalent level of 

enhanced safety, reduced emissions utilizing UASs verses traditional aircraft as well as 

the economic impact of greatly reducing the cost of aerial photography thereby 

benefiting the greater public’s interest. Accordingly, the applicant requests that the FAA 

grant the requested exemption without delay.

 The following will be considered as the binding limitation on operations of 

Videophotog Productions (Videophotog.com),

1. Flights will only occur in VFR conditions.

2. Flights will be operated in the line of sight of the operator( PIC) and Observer,(VSO)

3. Flights will be terminated at any time weather and wind deteriorate to “unsafe for 

flight” by manufacturers recommendations,

4. The UASs will weigh less that 55 lbs., 

5. Flights will be operated at 200 feet AGL or less. 

6. Crew will be at a minimum of operator(PIC) and an observer and/or camera 

operator(VSO),

7. Operator and crew will remain in contact during the flight operation,

8. The UASs operator will perform a check of the flight area and make certain of the 

safety of all persons in the area,

9. Consent will be obtained from all persons with in the video capabilities of the units to 

further reduce the chance of violating anyone’s privacy. 

10. All required FAA clearances, will be obtained and distances from airports strictly 

observed. 

11. All UASs will have the capability to return automatically to the operator in a safe 

manner with the auto return function checked and working. 

12. When operated in conjunction with fishing vessels in the gulf, a chase boat will be 

assigned to operate the UASs at a safe distance from the main fishing boat.

13. UASs have a function on the control to tell operator the distance away from the 

operator and its battery power remaining.

14. Flight team will communicate by voice and the use of two-way radio if the area is too 

large to hear voice from all team members.

15. UASs will be used to video private outings and functions, Automobile racing, boating, 

jet skiing, kayaking, fishing trips and sporting events from a safe distance.
16. When operating over or near water the UASs will be equipped with flotation devices 

so that recovery can be made as to prevent lithium battery exposure to the water 

table.

14 CFR part 21 Subpart H: Airworthiness Certificate 14 CFR 91.7(a), 91.203(a)(1)

 Subpart H, entitled Airworthiness Certificates, sets forth requirements for procurement 

of necessary certificates in relation to FAR 91.203(a)(1). The size, weight and defined 

area of operations for Videophotog Productions (Videophotog.com),UASs flights permits 

exception from Part 21 because they meet an equivalent level of safety pursuant to 

Section 333 of the Reform Act. The FAA is authorized to exempt aircraft from the 

airworthiness certificate requirement under both the Act (49 USC 4470(f) and Section 

333 of the Reform Act. Both pieces of legislation permit the FAA to exempt UASs from 

airworthiness certificates in consideration of weight, size, speed, maneuverability and 

proximity to areas such as airports and dense populations. Videophotog Productions 

(Videophotog.com),meets or exceeds each of these elements

As of March 23, 2015 the FAA has stated that it will automatically grant a “blanket” COA 

for flights at or under 400 AGL to any UASs operator with a section 333 exemption.

 14 CFR 91.203(a&b) provides for carrying of civil aircraft certifications and 

registrations. These are inapplicable for the same reasons stated above. The equivalent 

level of safety will be achieved by maintaining such certifications and registrations at 

Videophotog Productions (Videophotog.com), operations center.

 14CFR91.7 (a) prohibits the operation of an aircraft without an airworthiness 

certificate. As no such certificate will be applicable in the form contemplated by FAR’s 

this regulation is inapplicable.

14 CFR 91.9(b)(2) Civil Aircraft Flight Manual in Aircraft

 14 CFR 91.9(b)(2) requires an aircraft flight manual in the aircraft. As there are no 

pilots or passengers, and given the size of the UASs this regulation is inapplicable. An 

equivalent level of safety will be achieved by maintaining such certifications and 

registrations Videophotog Productions (Videophotog.com), operations center.

The FAA has previously issued exemptions to this regulation in Exemptions No’s 

8607,8737,8738,9299,9299A,9565,9565B,10167,10167A,10602,10700 and 32827.

14 CFR 91.119 Minimum safe altitudes, prescribes safe altitudes for operation of civil 

aircraft. It allows helicopters to be operated at lower altitudes in certain conditions. 

Videophotog Productions (Videophotog.com), will only operate its UASs at or below 200

AGL. They will be operated on a will defined AOR that has been carefully reviewed for 

hazards and minimizes the presence of any persons not essential for these operations. 

Flights will only be over private property that the owner has consented and all persons 

within this video area also give consent for this filming. Compared to flight operations of 

conventional and traditional aircraft or rotorcraft weighing far more than 50 lbs., 

operating below 500 AGL with flammable fuel UASs operations present a far smaller risk 

to the public.
 Approval of these 333 Exemptions allowing commercial operations of small UASs in 

the service of aerial photography will greatly enhance safety by reducing the overall risk 

associated with traditional aircraft. Traditional aerial photography requires large aircraft 

with flammable fuel to fly in close proximity of populated areas and people in general. 

With the use of small UASs of 55 lbs. or less, battery operated and flying below 200 feet 

AGL the risk of injury of people on the ground or the crew has been reduced or almost 

erased. The granting of the use of these small UASs by Videophotog Productions 

(Videophotog.com), will give the people another avenue to express themselves and to 

have a video record to share with family and friends forever.

Granting Videophotog Productions (Videophotog.com),the above exemption will allow for 

the expansion of UAS systems into the future for the safe conduct of free enterprise and 

the enjoyment of the masses.

Videophotog Productions (Videophotog.com), Has in the past, and plans in the future to 

train, promote safe operation and safe flight operations to all pilots of unmanned aircraft 

in this category private and commercial, and has been involved in assisting several law 

enforcement agencies and local FAA officials in apprehending safety violators.

Videophotog Productions (Videophotog.com), respectfully requests the FAA grant its 

exception without delay. The FAA has the authority to issue the exemption sought by 

Videophotog	Productions	(Videophotog.com) pursuant to the Federal Aviation Act, 85 

P.L. 726 (1958) as amended (the ACT).

Sincerely

Daniel	Foard	&	Cameron	Foard

Videophotog	Productions	(Videophotog.com),

256	Tropic	BLVD	East

Largo,	FL	33770