1/19/2016

Kevin Rockwell – Rockk Video Productions

2000 Clinton Ave

Alameda, CA 94501

510-289-3495

rockkvid@gmail.com

U.S. Department of Transportation 

Docket Management System

1200 New Jersey Ave. SE 

Washington, DC 20590 

Dear Sir or Madam: 

This application is being submitted on behalf of Kevin Rockwell- Rockk Video Productions, without legal 

counsel or consulting services. 

Pursuant to Section 333 of the FAA Modernization and Reform Act of 2012 (the Reform Act) and 14 

C.F.R. Part 11, Rockk Video, operators of Small Unmanned Aircraft Systems (“SUASs”) equipped to 

conduct aerial photography and videography, hereby applies for an exemption from the listed Federal 

Aviation Regulations (“FARs”) to allow commercial operation of its SUASs, so long as such operations are 

conducted within and under the conditions outlined herein or as may be established by the FAA as 

required by Section 333.1. 

As described more fully below, the requested exemption would permit the operation of SUASs under 

controlled conditions in airspace that is 1) limited 2) predetermined and 3) controlled. The proposed 

exemption, if granted, would allow Rockk Video to conduct commercial operations of small unmanned 

aircraft systems meeting or exceeding all of the operational and safety requirements Congress has set 

forth in Section 333. 

Rockk Video plans to exploit the capabilities of Unmanned Aerial Systems to offer a multitude of 

services, including:

-Aerial surveying/reconnaissance 

-Event Photography /Videography 

-Real Estate Photography

-Aerial filmmaking and photography

Statutory Authority

Section 333, titled “Special Rules for Certain Unmanned Aircraft Systems”, provides a mechanism for 

seeking expedited FAA authorization of safe civil UAS operations in the NAS. Section 333(a) states that 

the FAA “shall determine if certain unmanned aircraft systems may operate safely in the national 
airspace system before completion of the (comprehensive) plan and rulemaking required by section 

332(b)(1) of this Act or the guidance required by section 334 of this Act.” In Section 332(b)(1), Congress 

made it clear that Section 333 provides a mechanism for “expedited operation authorization” if several 

factors are met.

Petitioner meets all requirements to permit FAA approval of commercial UAS operations. 

The Petitioner Requests Relief From the Following:

Regulations from which the exemption is requested:

14 C.F.R. Part 21 

14 C.F.R. 45.23 (b) 

14 C.F.R. 61.113(a) and (b) 

14 C.F.R. 91.7 (a) 

14 C.F.R. 91.9 (b) (2) 

14 C.F.R. 91.109 

14 C.F.R. 91.119 

14 C.F.R. 91.121 

14 C.F.R. 91.151(a) 

14 C.F.R. 91.203 (a) & (b) 

14 C.F.R. 91.205 (b) 

14 C.F.R. 91.215 

14 C.F.R. (91.401 -91.417) 

Unmanned Aircraft System 

SUASs are oftentimes seen as superior to helicopters due to the smaller devices cheaper equipment and 

personnel cost, reduced noise and as such, a much smaller environmental impact which promotes public 

safety.

Rockk Video is petitioning for exemption to enable the operation of a 3DR Robotics Solo equipped with a 

4K/ 1080P camera mounted to a 3 axis 360 degree rotating gimbal. This SUAS has built-in capabilities to 

limit the height it flies above the ground, to set the radius of the distance it flies from the operators and 

from Class B, C and D airspace. The 3DR Solo also has a failsafe function of an autopilot system, which 

means when the communication between the Main Controller and the transmitter is disconnected, the 

outputs of all command sticks from the controller will go to the center position. If the GPS signal is good 

enough, the system will automatically trigger Return to Home and will land safely.

The above specifications meet with the Model Aircraft Operating Standards as set below: 

• Rockk Video 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 Flight 
Operations Procedures Manual. Such operations will insure that the SUAS will "not create a hazard to 

users of the national airspace system or the public." 

• When flying SUAS within 5 miles of an airport, airport operators will be notified and the operator will 

give the right of way to avoid flying in the proximity of full-scale aircraft. 

• Maximum flight time for each operational flight will be 30 minutes. 

• Flights will be terminated at 25% battery power reserve should that occur prior to the 30 minute limit. 

• The SUAS will be programmed so that it will not be operated at an altitude of no more than 400 feet 

AGL, and not more than 200 feet above an elevated platform from which filming is planned. 

• Minimum crew for each operation will consist of the SUAS Pilot, and Visual Observer. 

• The SUAS operated by the petitioner weighs less than 55 pounds (10 lbs total max), including the 

payload (i.e. camera, lens, and gimbal). 

• The SUAS will operate at speeds of no more than 50 knots, can hover, and can simultaneously move 

vertically and horizontally. 

• 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. The UA, powered by batteries, is 

smaller, lighter and more maneuverable than larger aircraft running on combustible fuel, it operates at 

lower altitudes with no people on board and will thereby reduce current risk levels and thereby enhance 

safety and diminish the likelihood of death or serious bodily injury. With a small payload and maximum 

flight time of only 30 minutes, this offers little or no risk to national security. 

By bypassing the need for (often cost-prohibitive) manned aircraft, the benefits of reduced cost and 

improved quality of presentation from the UA will be valuable to and benefit many buyers and sellers of 

real property. 

Other Remote Sensing applications related to science would like to be pursued. This includes all aspects 

of identifying, observing, and measuring object(s) without coming into direct contact with them. 

Rockk Video proposes: 

a. No flight will be made with a Gross weight exceeding 55 pounds: 

b. All operations must occur in FAA Class G airspace at no more than 400 ft. AGL, at an airspeed of no 

more than 25 knots and no further than 3/4 NM from the PIC: 

c. All operations must utilize a visual observer (VO). The VO and PIC must be able to communicate by 

voice at all times during a flight operation: 

d. Operations will be restricted to flights over private property with the permission of the property 

owner: e. All required permits will be obtained from state and local government prior to operation: 
f. Rockk Video will not operate over densely populated areas: 

g. Rockk Video will not be operating over any open-air assembly of people: 

h. Rockk Video will not be operating over heavily trafficked roads:

i. Rockk Video will not be operating within 5 NM of an airport or heliport:

Rockk Video Productions respectfully request exemption under Section 333 to enable us to operate 

efficient, limited, low-risk commercial SAUS operations for the activities stated, respecting at all times 

the space and privacy of citizens and property whilst keeping our skies safe.

Sincerely, 

Kevin Rockwell – Rockk Video Productions

510-289-3495

rockkvid@gmail.com

EXEMPTION REQUESTS AND EQUIVALENT LEVEL OF SAFETY 

Kevin Rockwell – Rockk Video Productions requests an exemption from the following regulations as well 

as any additional regulations that may technically apply to the operation of the SUAS: 

14 CFR Part 21, Airworthiness Certificates 

This part establishes the procedures for the issuance of an airworthiness certificate. While the FAA 

continues to work to develop airworthiness standards for Unmanned Aerial Systems, we request an 

experimental certificate be issued for 3DR Solo under either or both of the following provisions: 

21.191 Experimental certificates. Experimental certificates are issued for the following purposes:

a. Research and development. Testing new aircraft design concepts, new aircraft equipment, new 

aircraft installations, new aircraft operating techniques, or new uses for aircraft.

b. Showing compliance with regulations. Conducting flight tests and other operations to show 

compliance with the airworthiness regulations including flights to show compliance for issuance of type 

and supplemental type certificates, flights to substantiate major design changes, and flights to show 

compliance with the function and reliability requirements of the regulations. Since the experimental 

certificate can be used for commercial purposes such as market surveys, sales demonstrations, and 

customer crew training, we would expect that an experimental certificate would permit our commercial 

purpose as well. The aircraft will not carry persons or property, will not carry fuel, and will only fly under 

strict operational requirements. Combined with the UA's lightweight, being constructed primarily of 

carbon fiber and plastic, we propose that the UA will be at least as safe, if not safer, than a 

conventionally certificated aircraft performing the same mission. If an experimental airworthiness 

certificate is not appropriate for this application, then we request an exemption of 14 CFR Part 21, 
Subpart H, and the requirement for airworthiness certificate in general, citing the equivalent level of 

safety outlined in the previous paragraph.

14 CFR 45.23 Display of marks; General and 45.29 Size of marks. 

These regulations provide that each aircraft must display "N" and the aircraft's registration number in 

letters at least 3 inches high. Additionally, the aircraft must display the word "EXPERIMENTAL" in letters 

at least 2 inches high near the entrance to the cabin, cockpit, or pilot station. The SUAS does not have an 

entrance in which the word "EXPERIMENTAL" can be placed, and may not have a registration number 

assigned to it by the FAA. We propose to achieve an equivalent level of safety by including the word 

"EXPERIMENTAL" on a placard on the top of the aircraft, as shown above, where the PIC (Pilot In 

Control), VO (Visual Observer) and others in the vicinity of the aircraft while it is preparing for launch will 

be able to see the designation. Additionally, we feel that the permanent placard discussed in the 

previous paragraph will provide the aircraft's registration information. Finally, we will display at the 

ground station a high contrast flag or banner that contains the words "Unmanned Aircraft Ground 

Station" in letters 3 inches high or greater. Since the aircraft will operate within 3/4 NM of the ground 

station, the banner should be visible to anyone that observes the aircraft and chooses to investigate its 

point of origin. 

14 CFR 61.113 Private pilot privileges and limitations:

Pilot in Command and 61.133 Commercial pilot privileges and limitations. The regulation provides that 

no person that holds a Private Pilot certificate may act as pilot in Command of an aircraft for 

compensation or hire. Subparagraph (b) allows a private pilot to act as pilot in command of an aircraft in 

connection with any business or employment if: (1) The flight is only incidental to that business or 

employment; and (2) The aircraft does not carry passengers or property for compensation or hire. We 

feel that 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 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 91.9 Civil aircraft flight manual, marking, and placard requirements. 

This regulation provides that no person may operate an aircraft unless a current, approved flight manual 

is in the aircraft. We assume that the intent of this requirement is to ensure that flight manual 

information is available to the aircrew while operating the aircraft. We request an exemption to this 

requirement since the aircraft is not only too small to carry documentation, the documentation would 

not be available to the crew during flight operations. To obtain an equivalent level of safety and meet 

the intent of 91.9, we propose that a current, approved SUAS Flight Manual must be available to the 

crew at the ground station anytime the aircraft is in, or preparing for, flight.

14 CFR 91.109 Flight Instruction; 
Simulated instrument flight and certain flight tests. The regulation states, "No person may operate a civil 

aircraft that is being used for flight instruction unless that aircraft has fully functioning dual controls." 

The SUAS System ground-based control station consists of a small hand-held radio transmitter and while 

it does not offer a second set of "controls", both the student and instructor can, and will, operate the 

single set of controls simultaneously. With both student and instructor having "hands-on" the controls 

during flight, we feel that this technique meets the intent 91.109 and provides an equivalent level of 

safety. 

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 7 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-flight planning 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 are minimal compared to manned aircraft, which should be 

considered in granting the exemption. 

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 launch and recovery point is transmitted via radio from the SUAS onboard 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 SUAV is battery operated and the maximum duration of flight from a single 

battery charge is 24 minutes with a 20% reserve. Since the aircraft will never fly more than 3/4 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". 

14 CFR 91.203(a) & (b) Civil aircraft: Certifications required. 

The regulation provides that an airworthiness certificate, with the registration number assigned to the 

aircraft and a registration certificate must be aboard the aircraft. Additionally, subparagraph (b) 

provides that the airworthiness certificate be "displayed at the cabin or cockpit entrance so that it is 
legible to passengers or crew." At a maximum gross weight of 5.3 pounds, the SUAS is too small to carry 

documentation, does not have an entrance, and is not capable of carrying passengers or crew. To obtain 

an equivalent level of safety and meet the intent of 91.203, we propose that documents deemed 

appropriate for these aircraft by the FAA will be co-located with the crew at the ground control station 

and available for inspection upon request. In order to identify the aircraft, we propose that the

information found on airworthiness and registration certificates be permanently affixed to the aircraft 

via placard containing the following information plus the word "EXPERIMENTAL" to satisfy the 

requirement of 

14 CFR 45.23. 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 8 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. 

Safety and Benefits of the UAS 

Rockk Video will be using the SUAS in a variety of applications that generally require expensive full-size 

manned aircraft to complete. Small, light, unmanned aerial vehicles offer a myriad of benefits over the 

use of full-sized manned aircraft for electric power line inspection, oil/gas pipeline inspection, advanced 

agriculture, film and still photography, just to name a few. Replacing significantly larger manned aircraft 

carrying crew and flammable fuel with small UAS carrying no passengers or crew creates a much greater 

margin of safety for the pilots and crew. By granting Rockk Video’s requested exemptions, the FAA will 

help drive development of safe and successful commercial UAS operations and will advance the public 

knowledge base for such operations. We are committed to promoting the UAS research efforts of 

policymakers including the FAA, NASA, DOD and DARPA by sharing data from its commercial UAS 

operations and serving as a resource for future UAS research operations. Thus, the FAA has good cause 

to grant this Petition.

Conclusion 

As pointed out in this application, all the SUASs which our company proposes to use, under 

authorization by the US DOT-FAA, are small, lightweight devices operated within the line of sight of the 

Pilot-in-Command (PIC), less than 400 feet above the ground and outside 5 miles from any airport, 
heliport, seaplane base, spaceport, or other location with aviation activities, unless the air traffic control 

authorities (ATC) have been notified and have authorized each flight within a radius of this distance. 

Our SUASs have proven capability for controlled flight. They are devices offered for general sale on the 

market around the world and have often been used as Model Aircraft in the USA. I am certain that the 

studies conducted until now by the FAA, about Section 332, Public Law 112-95, 2014, have already 

provided you with the assurances on the airworthiness of SUAs such as ours. 

For the foregoing reasons, the exemptions requested herein should be granted and Kevin Rockwell –

Rockk Video Productions should be permitted to conduct small UAS operations in accordance with its 

manuals and all other operating parameters deemed necessary and appropriate by the FAA. The 

submission of this application and its contents is the best demonstration that indeed it is possible to 

pursue the authorization process so that some SUASs may be used for legitimate commercial activities 

and under reasonably safe conditions.