February 17, 2016

U.S. Dept. of Transportation

Docket Management Systems

1200 New Jersey, Avenue, SE

West Building Ground Floor, Room W 12-140

Washington, DC 20590-0001

SUBJECT: Petition for Section 333 Exemption of the FAA Modernization and Reform Act 

of 2012 

I, Kenneth Hackney, on behalf of Virtual Image Productions, Inc., hereby petition the FAA for a 

Section 333 exemption from various sections of 49 USC of Federal Aviation Regulations. 

Pursuant to Section 333 of the FAA Modernization and Reform Act of 2012, Public Law 112-95, 

and 14 C.F.R. Part 11, we request certain exemptions in order to perform aerial cinematography 

using a small unmanned aerial vehicle, the DJI S800 Spreading Wings Hexacopter. 

Respectfully, 

Kenneth Hackney

Kenneth Hackney

Director of Photography

Virtual Image Productions, Inc.

Applicant:

Virtual Image Productions, Inc.

815 Northcreek Drive

Durham, North Carolina 27707
OVERVIEW:

I, Kenneth Hackney, on behalf of Virtual Image Productions, Inc., hereby petition the FAA for a 

Section 333 exemption from various sections of 49 USC of Federal Aviation Regulations. 

Virtual Image Productions is a full-service photography and videography company. Virtual Image 

Productions, Inc. has been in business for 20 years, and is committed to responsibly, 

professionally, and safely operating an unmanned aerial vehicle for the purpose of aerial 

cinematography. An example of our commitment to operate a UAV safely is our thorough pre 

and post flight protocols that we closely adhere to on every mission.

I have 25 years of experience working as a TV news camera operator, and I am a member of 

several professional organizations to include the National Press Photographers Association, 

International Television Association, and the Academy of Model Aeronautics. In addition, I am a 

member of UAVUS, a national association of professional UAV operators that adheres to a strict 

Code of Conduct and best practices that places public safety first above all other 

considerations. 

The Pilot in Charge (PIC) will possess either an airline transport, commercial, private, 

recreational, or sport pilot certificate; and hold a current FAA airman medical certificate or a valid 

U.S. driver’s license. The PIC will also be an experienced UAV operator. 

We are extremely sensitive and aware of the importance of safety and privacy, especially as it 

relates to UAVs. We believe safety is the first and overriding priority in regards to operating a 

UAV. Additionally, our PIC would not operate a UAV in a manner as to invade the privacy of 

anyone unaware of our flight intentions.

GEOGRAPHIC AREA OF OPERATION:

Virtual Image Productions, Inc. is offering its services in all 50 states.

Our missions will take place in both urban and rural settings. Each flight will be conducted with 

the full permission and under the supervision of the land or property owner. Typically, each flight 

will be limited to 200-feet AGL, since the purpose of our operations is to capture low and slow 

photographic and video imagery.
When necessary, we will notify and seek the approval of airport authorities as required by FAA 

regulations.

UAV INFORMATION AND SPECIFICATIONS:

The DJI S800 Spreading Wings is a lightweight, battery-operated, six-motor rotorcraft in the 

form of a hexacopter that takes off and lands vertically. The DJI S800 Spreading Wings weighs 

18 lb. The DJI S800 Spreading Wings includes the following safety features:

• An on-board flight computer with GPS navigation and location ability that receives signals 

for flight controls from a ground-based transmitter/controller;

• An on-board camera capable of capturing imagery in the form of full color, high definition still 

photos and video;

• An on-board telemetry system that delivers flight data from the on-board flight computer to 

the on-board radio transmitter including altitude AGL, horizontal and vertical speed, 

compass direction of flight and direction back to its launch site;

• A onboard radio transmitter (5.8GHz) that transmits live video from the onboard camera plus 

all the flight data from the telemetry system described above.

GROUND SYSTEM:

• A Pilot in Charge (PIC) in operational control of a flight operation from beginning to end and 

who controls the UAV while in flight;

• A Visual Observer (VO) that provides a second pair of eyes to visually track the UAV while in 

flight;

• A radio transmitter/controller (2.4GHz) operated by our PIC to control the UAV while in flight;

• A monitor that receives live video and flight data from the UAV while in flight.

PRE-FLIGHT CHECKLIST:

• When required, notify the appropriate FAA facility of our launch schedule and location.
• Survey the area of operation for hazards - trees, utility poles and other obstacles that might 

compromise the flight, then make a judgment as to whether to proceed.

• Check the weather for wind speed, cloud cover and any forecast changes that might 

adversely affect flight safety and performance.

• Examine the aircraft ⎯ looking at connections and searching for cracks and loose parts.

• Determine that the electronic elements are performing correctly.

• Determine that the barometric altimeter reflects approximately 0 feet AGL.

• Following takeoff, our PIC will hover at an altitude of approximately 10 feet to assure that the 

home return point is established.

• Exercise all controls to confirm their functionality ⎯ if one of the controls is not functioning, 

the mission will be terminated immediately.

• Operate with a Visual Observer (VO) alongside the PIC who will double-check for possible 

flight hazards. The VO will provide a second pair of eyes to assist the PIC in keeping the 

UAV within Visual Line of Sight (VLOS). The VO will also assist in any emergency 

maneuvers due to unanticipated events that require a quick landing.

SAFETY AND PRIVACY PROTOCOLS:

• Will not fly over dense traffic or crowds.

• Will give right-of-way to manned aircraft.

• Will stay clear of FAA controlled airspace at airports (generally a five nautical mile radius), as 

well as restricted and prohibited zones.

• Will fly no higher than 400' and no further than 1000' from the home point, recognizing that 

the primary responsibility is to safely keep the aircraft within VLOS.

• Will perform a post-flight check of the DJI S800 Spreading Wings to determine its physical 

and electronic condition.

• Gain express permission to fly above any and all property within flight plan.

• Follow a preflight checklist confirming battery charge, propeller connection, motor function, 

etc.

• Calibrate compass before each flight.

• Never fly in high wind or threat of precipitation.

• Set maximum height and radius flight limits in intelligent controller if possible.

• Use low battery warning audible alarms from the controller to return to home, and land well 

before battery capacity falls below 30 percent.
EXEMPTION REQUEST:

We respectfully request exemption from the following regulations with which we cannot fully 

comply:

14CFR

Part 21 Airworthiness Certification

Summary: Subpart H "prescribes the procedural requirements for issuing and changing design 

approval, production approval, airworthiness certificates and airworthiness approval."

Response: "The Secretary of Transportation has determined that this aircraft meets the 

conditions of Section 333. Therefore, the FAA finds that the requested relief from 14 CFR part 

21, and any associated noise certification and testing requirements of part 36, is not necessary."

Part 61 (a)(b) Parts, General Operating and Flight Rules

Summary: (a) Prescribes the requirements for issuing pilot licenses and the privileges and 

limitations associated with various ratings.

Summary: (b) Aeronautical experience means pilot time, flight simulator or flight training device 

for meeting the appropriate training and flight time requirements for an airman certificate.

Response: Organized or commercially available FAA-approved flight training has yet to be 

achieved by the UAV industry. Our PIC’s sources of training are: the flight instruction manuals 

from the UAV manufacturer; online videos from the manufacturer as well as videos from users; 

and most importantly, personal training in a secure location - an open area not subject to traffic 

and/or uninvolved individuals.

Those training flights include setup, physical and electronic safety checks; lift off followed by 

hovering at approximately 10-feet to confirm that the GPS system is functioning properly and 

has registered its Home Point; a prescribed flight plan to familiarize and then master the fight 

controls and camera; returning to the launch point and landing. We then conduct a post-flight 

inspection for any problems, log the location and flight time and then view the video. There are 

no FAA certified instructors or FAA certified study guides available at this time as the technology 

continues to develop. We respectfully request an exemption from this rule.

§91.103 (b)(2)

Summary: This section deals with the pilot's preparations for flight, in particular runway lengths, 

takeoff and landing distance information.
Response: Since a hexacopter, like a helicopter, takes off and lands vertically, the PIC would 

not need to know this information since there are no runways involved and the return from flight 

is the takeoff point. The FAA has determined that "relief is not necessary."

§ 91.105

Summary: This section deals with flight crew members at stations.

Response: Since there are no passengers, pilots or crew members, we respectfully request 

relief from this regulation.

§ 91.109

Summary: This sections deals with flight instruction, simulated instrument flight and certain 

flight tests.

Response: These functions are not applicable to a hexacopter flight and, as stated earlier, 

there are no FAA certified instructors or FAA certified study guides available at this time for 

hexacopter operation. We respectfully request an exemption from this rule.

§ 91.119 (a) (b) (c)

Summary: This section deals with minimum safe altitude stating that if a power failure occurs, 

the aircraft has sufficient altitude to conduct an emergency landing without hazard to persons or 

property (91.119 a). It also sets minimum altitudes over congested areas and uncongested 

areas as well as has a paragraph on helicopters (91.119 b). It also sets minimum distance (500 

feet) from any person, vessel, vehicle, or structure (91.119 c).

Response: None of the altitude requirements in this regulation should apply to a UAV since the 

aircraft is required to fly below 400 feet. The weight, speed and GPS-controlled Return to Home 

feature of the DJI S800 Spreading Wings mitigates incidents that could occur from loss of signal 

between the aircraft and the PIC. A manned aircraft is much heavier and larger than a DJI S800 

Spreading Wings. If a DJI S800 Spreading Wings were to malfunction, it carries no humans, no 

explosive fuel and since it flies primarily over a single piece of private property, any damage 

would likely be minimal and confined to that area. In addition, access to the property is strictly 

controlled (warning sign and the clearing of any person on the property not involved in the 

flight). We respectfully request an exemption from this rule.

§ 91.121

Summary: This section details altimeter settings required to maintain the “cruising altitude or 

flight level of that aircraft." 
It requires that the "elevation of the departure airport" be set in the altimeter or the "current 

reported altimeter setting of a station along the route and within 100 miles of the aircraft".

Response: A UAV cannot comply fully with this section's altitude requirements. The DJI S800 

Spreading Wings is equipped with a barometric altimeter which automatically calculates the 

takeoff altitude (0 AGL) when the aircraft is activated ⎯ the launch point becomes the "elevation 

of the departure" point. 

The altitude of the UAV we use is visible in the telemetry monitor used by our PIC before launch 

and is consistently updated as the flight progresses. We respectfully request an exemption from 

this rule.

§91.151

Summary: This section deals with fuel requirements for VFR flights stating, among other things, 

that "no person may begin a flight in an airplane under VFR condition unless...there is enough 

fuel to fly to the first point of the intended landing and, “...fly after that for at least 40 minutes 

(day) and 45 minutes (night)".

Response: This regulation deals with 'reserve' fuel. This could include any condition that 

increases flight time or fuel consumption. Weather would be one factor including wind, 

turbulence and the necessity to divert around threatening thunderstorms.

Compliance with this regulation is not possible because the 'fuel" onboard the DJI S800 

Spreading Wings is not aviation gas but a DC battery with a maximum flight duration of 10 

minutes. Fuel management of a UAV requires constant monitoring of the battery's state-ofcharge and bringing it home before it reaches the manufacturer’s recommended 30-percent 

level. We respectfully request an exemption from this rule.

§ 91.405

Summary: This section deals with aircraft maintenance including regular inspection, the 

keeping of appropriate maintenance records and replacement of inoperable instruments

Response: Maintenance on the DJI S800 Spreading Wings is straight forward. If, in landing, a 

rotor blade or two are damaged, they are quickly replaced. The traditional instrument cluster in 

an aircraft is replaced by a data stream from the UAV, visible in the control monitor.
Replacement of minor parts are performed by the PIC and a major 'overhaul' that can’t be easily 

resolved will go back to the manufacturer for repair. Currently, there are no required inspections 

by 'authorized' maintenance personnel and there would be no space/room on board to install a 

placard of inoperability. We respectfully request an exemption from this rule.

§ 91.407

Summary/Response: This section addresses requirements after maintenance has been 

performed. Again, approval of the maintenance before flight is essentially in the hands of the 

PIC.

All maintenance performed will be entered in the aircraft log, unless a separate maintenance log 

is required. Paragraph (b) restricts a pilot from carrying passengers or crew members, if the 

flight characteristics have been substantially affected before a rated pilot performs an operations 

check of the maintenance. 

It is the responsibility of the PIC to perform a preflight inspection of the DJI S800 Spreading 

Wings and determine its flyability. And, as mentioned earlier, there is no pilot, crew members or 

passengers on-board the DJI S800 Spreading Wings. We respectfully request an exemption 

from this rule.

§ 91.409

Inspections: This section deals with the necessity of annual and 100-hour inspections or 

"progressive inspections" and approval by authorized persons which will lead to the "issuance of 

an airworthiness certificate."

Response: As stated earlier, there are no FAA approved inspection protocols nor authorized 

inspection personnel. The PIC handles those issues each time the DJI S800 Spreading Wings 

is prepared for flight. The pre-flight check list enumerated earlier will be followed to determine its 

mechanical and electronic integrity. We respectfully request an exemption from this rule.

§ 91.417

Maintenance Records: This section requires a maintenance record be kept on repair, 

replacement, and condition of vital parts (rotors, engines & airframe). Certain records must be 

retained for one year while other records must be kept with the aircraft even when sold to 

another part.

Response: The details of this section would be impractical with the DJI S800 Spreading Wings 

since the information cannot be kept in the UAV, but repair issues can and will be entered into 

the aircraft log. We respectfully request an exemption from this rule.
§ 91.7

Summary/Response: Virtual Image Productions, Inc. requests an exemption from the civil 

aircraft worthiness requirement under § 91.7(a). 

Section 333 permits the FAA to exempt aircraft from the requirements of an airworthiness 

certificate upon consideration of the size, weight, speed, operational capability, and proximity to 

airports and populated areas of the identified UAV, and the FAA has determined that such 

certificates are not necessary for a UAV. Without such a certificate, Virtual Image Productions, 

Inc. will be unable to comply with § 91.7(a). However, the FAA “has determined that for the 

purposes of this exemption the pilot may determine the aircraft is in an airworthy condition prior 

to flight. 

The FAA’s regulations state that the PIC of a civil aircraft is responsible for determining whether 

the aircraft is in a condition for safe flight.” (See previously granted exemption no. 11213)

The above requests for exemptions follow the guidance published by the FAA.

COMMUNITY BENEFIT:

First and foremost is the level of safety offered by the use of a small UAV in comparison to a 

manned fixed wing or rotorcraft. Weighing 18 pounds with camera and battery, the DJI S800 

Spreading Wings is incapable of causing the level of damage or injury caused by a full-size, 

manned aircraft. Additionally, the ecologic and noise impact is negligible as compared to 

traditional manned aircraft. Economically, small unmanned aerial vehicles are the most costeffective solution for obtaining low and slow video and photography, making aerial videography 

more affordable for the businesses we serve. 

Sincerely, 

Kenneth Hackney

Kenneth Hackney

Director of Photography

Virtual Image Productions, Inc.