August 12, 2015 

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 UAS Innovators LLC 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) 398-7075
Additionally, 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) 398-7075
The 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) 398-7075
14 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) 398-7075
14 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) 398-7075
How 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