November 23,2015

U.S. Department ofTransportation Docket Operations, M-30

# 'cfir~ Evangelistic Association AlwaysGoodNews.

West Building Ground Floor, Room W12-140 1200NewJerseyAve., SE Washington, DC 20590-0001

Billy Graham Evangelistic Association's Petition for Exemption to Operate Unmanned Aircraft Systems for Aerial Photography and Filming

FAA Regulatory Docket

NAME AND ADDRESS OF PETITIONER Billy Graham Evangelistic Association ATTN: JUSTIN T. ARNOT General Counsel 1 Billy Graham Parkway Charlotte, NC 28201 jarnot@bgea.org (704) 401-2585

1 Billy Graham Parkway 

### I Charlotte, NC 28201 

### I 704-401-2432 

### I BillyGraham.org ()1 coNovember 23, 2015 Page 2



### I. PETITION SUMMARY Pursuantto Section 333 ofthe FAA Modernization and Reform Act of2012, Pub. 

### L. No. 112-95 (2012), 126 Stat. 11 ("Section 333") and the Federal Aviation Administration's ("FAA") general exemption authority under49 U.S.C. §44701(f), Billy Graham Evangelistic Association ("Petitioner") hereby petitions for exemptions from 14 C.F.R. Part 21, 14 C.F.R. §§ 61.23 (a) and (c), 61.10l(e)(4) and (5), 61.113(a) and (b), 61.133(a), 61.315(a), 91.7(a), 91.9(b)(2), 91.103(b)(1), 91.119(c), 91.121, 91.151, 91.203(a) and (b), 91.405(a), 91.407(a)(l), 91.409(a)(1) and (2), 91.417(a) and (b). The proposed exemptions, ifgranted, would allow Petitioner to operate small, camera-mounted unmanned aircraft systems ("UAS") weighing 55 pounds or less for the purpose ofaerial photography and filming, including music videos, web videos, television**programs~** and still photography. The UAS proposed by the Petitioner is a DJI Inspire 1. Based on the small size ofPetitioner's UAS, the qualifications and experience of Petitioner's UAS operators, and the restricted, sterile environment within which Petitioner will operate, the requested exemptions fall squarely withinthe zone ofsafety envisioned by Congress and setforth in Section 333. Additionally, the enhanced safety achieved by replacing significantly larger manned aircraft carrying crew and flammable fuel with small UAS carrying no passengers orcrew and operated underthe specific guidelines and procedures proposed by Petitioner givesthe FAA good cause to find thatthe UAS operations enabled by the instant Petitionare inthepublic interest. Thus, the requested exemptions should be granted. 

### II. BACKGROUND Forover 60 years, Petitioner has soughtto proclaim the Gospel ofJesus Christ by every effective means and to equip others to do the same. In furtherance ofthis, Petitioner has been a pioneerin the use ofaudio-visual production and filming. In orderto continue to provide the highest level ofevangelistic audio-visual productions, and to promote safety by eliminating the need for largemanned aircraft for production, Petitioner seeks regulatory exemptionsthat will allow Petitionerto employ camera-mounted UAS technology

- specifically, DJI Inspire·1

- in the filming andproductionprocess. 

### III. STATUTORY AUTHORITY A. Section 333 Section 333, titled "Special Rules for Certain Unmanned Aircraft Systems,"provides a mechanism for seeking expedited FAA authorization ofsafe civil UAS operations inthe National Airspace System ("NAS"). Section 333(a) statesthatthe FAA "shall determine if certain unmanned aircraft systemsmay operate safely in the national airspace system before completion ofthe [comprehensive] plan and rulemaking required by section 332(b)(l) ofthis Act orthe guidance required by section 334 ofthis Act." In Section 332(b)(1), Congress made it clear that Section 333 provides a mechanism for "expedited operational authorization." TheFAA has committed to complying withthis mandate by granting several petitions similarly related to operating the DJI Inspire 1. See, e.g., ExemptionNos. 11062, 11204, 11213, 11224, 11254,November 23, 2015 Page3

11279, 11280, 11288, 11295,11301, 11303, 11313, 11314, 11318, 11323, 11327, 11336, 11342, 11359, 11377, 11384, 11385, 11394, 12093, 11109, and 11112, among others. Section 333(b) identifies several factors that the FAA should consider in determining whether commercial UAS operations should be approved. These include UAS that, "as a result oftheir size, weight, speed, operational capability, proximity to airports and populated areas, and operation withinvisual line ofsight do not create a hazard to users ofthe [NAS] orthe public or pose a threat to national security." See Section 333(b). B. Section44701(f) In addition to the specific authority conferred by Section 333, the FAAAdministratorhas general authority to grant exemptions from the FAA's safety regulations and minimum standards when theAdministrator decides a requested exemption is inthe public interest. See U.S.C. 

### § 4470l(f). 

### IV.

.REQUESTED EXEMPTIONS Petitionerrequests relieffrom the following regulations: Part 21 prescribes, inpertinentpart, the procedural requirements for issuing and changing design approvals, production approvals, airworthiness certificates, and airworthiness approvals. Section 61.23(a) and (c) prescribes when a medical certificate orU.S. driver's license is required for exercising stated pilotprivileges. Section 61.10l{e)(4) and (5) prescribes that a recreational pilot may not act as a pilot in command ofan aircraft for compensation or hire or in furtherance ofa business. Section 61.113 prescribes that "noperson who holds a private pilot certificate may actas a pilot incommand ofan aircraft that is carrying passengers orproperty for compensation or hire; nor may thatperson, for compensation orhire, act as pilot in command ofanaircraft," (see Section 61.113(a)), andthat "aprivate pilot may, for compensation orhire, act as pilot in command ofan aircraftin connection with any business oremployment if: (1) The flight is only incidental to that business oremployment; and (2) The aircraft does not carrypassengers or property for compensation orhire," (see Section 61.113(b)). Section 61.133(a) sets forth privileges for persons holding commercialpilot certificates, including a provision impliedly limiting to persons holding a commercial pilot certificate the abilityto act as pilot in command ofan aircraft "[f]or compensationorhire." Section 61.315(a) prescribes that a person who holds a sportpilot certificate may act as pilot in command ofa light-sport aircraft, exceptunder enumerated circumstances, including for compensation orhire orin furtherance ofa business.November23, 2015 Page4

Section 91.7(a) prescribes, in pertinent part, that no person may operate a civil aircraft unless it is in an airworthy condition. Section 91.9(b)(2) prohibits operation ofU.S. registered civil aircraft unless there is available inthe aircraft a current approved Airplane orRotorcraftFlight Manual, approved manual material, markings, and placards, or any combinationthereof. Section 91.103(b )(1) prescribes, inpertinent part, that each pilot in command shall, before beginning a flight, become familiar with all available information concerning that flight, to include, "Forany flight, runway lengths at airports ofintended use, and the following takeoff and landing distance information:

... Forcivil aircraft for which an approved Airplane or Rotorcraft FlightManual containing takeoffand landing distance data is required, the takeoffand landing distance data contained therein." Section 91.119(c) prescribes that, except when necessary for takeoffor landing, no person may operate an aircraft belowthe following altitudes: "Overotherthan congested areas. Analtitude of500 feet above the surface, except over open water or sparselypopulated areas. In those cases, the aircraftmaynotbe operated closerthan 500 feet to any person, vessel, vehicle, or structure." Section 91.121 requires, in pertinentpart, each person operating an aircraft to maintain cruising altitude by reference to an altimeterthat is set "tothe elevation ofthe departure airport or an appropriate altimeter setting available before departure." Section 91.151(a) prescribes that no person may begin a flight in an airplane under VFR conditions unless (considering wind and forecast weather conditions) there is enough fuel to fly to the first point ofintended landing and, assruning normal cruising speed, (1) during the day, to fly after that for at least 30 minutes; or (2) at night, to fly after that for at least 45 minutes. Section 91.203 prohibits, in subpart (a), any person from operating a civil aircraft unless it has within it (1) an appropriate and current airworthiness certificate; and (2) an effective U.S. registration certificate issued to its owner or, for operation within the United States, the second copy ofthe AircraftRegistration Application as provided for in§ 47.31(c). Section 91.203 prescribes, in subpart (b), that no person may operate a civil aircraft unless the airworthiness certificate or a special flight authorization issued under§ 91.715 is displayed at the cabin orcockpit entrance so that it is legible to passengers orcrew. Section 91.405(a) requires, inpertinentpart, that an aircraft operator orowner shall have the aircraft inspected as prescribed in subpart E ofthe same part and shall, betweenrequired inspections, except as provided in paragraph (c) ofthe same section, have discrepancies repaired as prescribed inPart43 ofthe chapter. Section 91.407(a)(l) prohibits, inpertinent part, any person from operating an aircraft that has undergone maintenance, preventative maintenance, rebuilding, or alteration unless ithas been approved for returnto service by a person authorized under§ 43.7 ofthe same chapter.November 23, 2015 PageS

Section 91.409(a)(l) and (2) prescribes, in pertinent part, that no personmay operate an aircraft ).mless, within the preceding 12 calendar months, it has had an inspection for the issuance ofan airworthiness certificate in accordance with part 21 and 43 ofthis chapter. Section.91.417(a) and (b) prescribes, inpertinent part, that specifiedmaintenance and inspectionrecords are to be retained for the periods specified in the section. 

### V. PETITIONER'S PROPOSED OPERATIONS SATISFY SECTION 333. A. Unmanned Aircraft System The UAS to be operated under this request the DJI Inspire 1 is less than 55 lbs. fully loaded, will be operated at a speed ofno more than 50 knots, carry neither a pilot norpassenger, carry no explosivematerials or flammable liquids, and operate exclusively within a secured area. Petitioner's UAS uses a radio frequency spectrum for operation and control that complies with Federal Communications Commission ("FCC") requirements., Petitioner's UAS is equipped with redundant safety mechanisms allowing it to operate

· safely after experiencing certain in-flight failures. Ifa lost-link event occurs, includingthe loss of

ground communications and/orthe loss ofa GPS signal, Petitioner's UAS has the ability to perform a pre-coordinated, predictable, automated flight maneuver and returnto a predetermined location within a designated securityperimeter for landing. The UAS further has the ability to abort a flight in the event ofunpredicted obstacles oremergencies. All flights will be terminated after a maximum of30 minutes orwith 25% remaining battery power, whichever occurs first. Thus, good cause exists for grantingPetitioner's requested relieffrom 14 C.F.R. § 91.151 (a) (setting forth fuel requirements for flight in VFRconditions). Petitioner's UAS will be identified by serial number, registered in accordance with 14 C.P.R. Part47, and have identification (N-Number) markings in accordance with 14 C.P.R. Part 45, Subpart C. Markings will be as large as practicable. Regarding Petitioner's requested relieffrom 14 C.P.R.§ 91.121 (Altimeter Settings), Petitioner seeks such reliefbecause Petitioner will not have a typical barometric altimeter onboard the UAS. Instead, altitude information will be providedto the UAS PIC via a digitally encodedtelemetric datafeed, which downlinks from the aircraft to a ground-based on-screen display. The altitude information will be generated by equipment installed onboard the UAS, using GPS triangulation, digitally encoded barometric altimeter, radio altimeter, or any combination thereof. Priorto each flight, a zero altitude initiation point will be established and confirmed for accuracy by the UAS PIC. Thus, good cause exists for granting therequested relieffrom 14 C.P.R.§ 91.121. Given the size, weight, speed, and limited operating area associated with the aircraft to be utilized by the applicant, an exemption from 14 C.P.R. Part 21, Subpart H (Airworthiness Certificates), subjectto certain conditions and limitations, is warranted (ifnecessary) and meetsNovember 23, 2015 Page6

the requirements for an equivalent level ofsafety under 14 C.F.R. Part 11 and Section 333. The UAS operated without an airworthiness certificate in the restricted environment and underthe conditions and limitations proposed by Petitionerwill be at least as safe, or safer, than a conventional aircraft (fixed wing orrotorcraft) operating with an airworthiness certificate issued under 14 C.F.R. Part 21, Subpart H, and not subject to the proposed limitations and conditions. Petitioner will strictly comply with safety and maintenance procedures included in all applicable UAS manufacturer's instructions and operating manuals. Tothe extent such information is not included in the guidelines developedbythe manufacturers, Petitioners will develop and document maintenance, overhaul, replacement, and inspection requirements, and procedures to document and maintain maintenance records withregard to Petitioner's UAS. In lightofthese mitigating factors, exemptions from 14 C.F.R. §§ 91.405(a), 91.407(a)(l), 91.409(a)(1) and (2), and 91.417(a) and (b) are warranted.

: Regarding Petitioner's requested relieffrom 14 C.F.R. § 91.7(a), it is Petitioner's understanding that Petitioner'sUAS will not require an airworthiness certificate in accordance with 14 C.F.R. Part 21, Subpart H, and that exemption from 14 C.F.R. 

### § 91.7(a) is therefore unnecessary. To the extent such an exemption is deemed necessary, Petitioner asserts that 

### it shouldbegranted in light ofthe safety procedures proposed herein. In accordance with the pertinentpart of 14 C.F.R. § 91.7(b), the operator in command ofPetitioner's UAS shall be responsible for determining whether the aircraft is in a safe condition for flight. Regarding Petitioner's requested relieffrom 14 C.F.R. § 91.9(b)(2) (Civil aircraft flight manual, marking, and placard requirements) and§ 91.203(a) and (b) (Civil aircraft: certifications required), it is Petitioner's understanding thatrelieffrom these regulations is no longernecessary in light ofthe FAAMemorandum "Interpretationregarding whether certainrequired documents may be kept at an unmanned aircraft's control station," dated August 8, 2014. Tothe extent the FAAdeems an exemption from this section necessary for Petitioner'sproposed operations, such exemption should be granted inlight ofthe mitigating fact that Petitioner will maintain the documents required under 14 C.F.R. §§ 91.9 and 91.203 at the UAS ground control station during flights. Additionally, 100%ofPetitioner's operations will utilize a visual observer ("VO"). The VO maybe usedto satisfy the VLOS requirement as long as the PIC always maintains VLOS capability. The VO and the PIC will be able to communicate verbally at all times during operational flights. Regarding Petitioner's requested relieffrom 14 C.F.R. 

### § 91.103(b)(1), Petitioner will comply with the other applicable procedures and requirements stated in§ 91.103(a) and (b). Specifically, thePIC will take all actions including reviewing weather, flight battery requirements, aircraft performance data, and landing and takeoffdistances before initiationofa flight. The PIC will also account for all relevant site-specific conditions in their preflight procedures. Risks presentedby sun glare will be mitigated bythe PIC's andVO's abilityto see otherair traffic and initiate a return-to-home sequence ifneeded.November 23, 2015 Page 7

Additional DJI Inspire !-specific information supporting this section is provided in the following attachments: Release Note, Disclaimer and Warranty, Quick Start Guide, User Manual, Safety Guidelines, Flight Battery Safety Guidelines, and Maintenance Manual. 

### B. UAS Pilot in Command

Petitionerrequests an exemption from 14 CFR §§ 61.23(a) and (c), 61.10l(e)(4) and (5), 61.113(a) and (b), 61.133(a), and 61.315(a), so that the PIC will not be required to possess any pilot license (sports, recreational, private orcommercial). Unlike a conventional aircraftthat carries the pilot and passengers, the UAS is remotely controlled with no living thing on board. The area ofoperationis controlled andrestricted, and all flights are planned and coordinated in advance. The UAS will fly at altitudes well belowthe permissible limits for other civil aircraft, eliminating the risk to other aircraft. The risks associated with the operation oftheUAS are so diminished from the level ofrisk associated with commercial operations contemplated by Part 61 wheri drafted, that allowing operations ofthe UAS as requested exceeds the present level of safety achieved by 14 C.F.R. § 61.113(a) and (b). Additionally, 100% ofPetitioner's operations will utilize a visual observer ("V0"). The VO maybe used to satisfy the VLOS requirement as long as the PIC always maintains VLOS capability. The VO and the PIC will be able to communicate verbally at all times during operational flights. Regarding Petitioner'srequested relieffrom 14 C.P.R. § 91.103(b)(l), Petitioner will comply with the other applicable procedures and requirements stated in§ 91.103(a) and (b). Specifically, the PIC will take all actions including reviewing weather, flight battery requirements, aircraft performance data, and landing and takeoffdistances before initiation ofa flight. The PIC will also account for all relevant site-specific conditions in theirpreflight procedures. Risks presented by sun glare will be mitigated by the PIC's and VO's ability to see other airtraffic and initiate a return-to-home sequence ifneeded. C. Operating Parameters ofPetitioner's UAS Petitioner's UAS operations will be conducted within a sterile environment offilming. In this controlled environment, Petitioner's operations will remain within VLOS ofthe PIC and VO, below 400 feet AGL, and at speeds below 50 knots. Only participating persons will be permitted within the operating area. Petitionerrequests relieffrom 14 C.F.R. § 91.119(c) with respectto those participating persons, vehicles, and structures directly involved in the performance ofthe actual filming. Regarding the distance from nonparticipating persons, Petitioner will ensure that no persons are allowed within 500 feet ofthe operating area except those consenting to be involved and necessary for the filming production, with the possibility ofreducing this distance to no less than 200 feet ifitwould not adversely affect safety and the Administrator has approved it.November 23, 2015 Page 8

Petitionerwill not conduct UAS operations within 5 nautical miles ofthe geographic center ofa non-towered airport unless a letter ofagreement with that airport's management is obtained and the operation is conducted in accordance with a Notice to Airmen ("NOT AM"). Additionally, Petitioner will not operate in Class B, C, or D airspace without written approval from the FAA. Nor will Petitioner operate the UAS less than 500 feet below or less than 2,000 feet horizontally from a cloud orwhen visibility is less than 3 statute miles from the PIC. Petitioner's UAS will remain clear and yield the right ofway to all manned operations and activities at all times (including, but not limited to, ultralight vehicles, parachute activities, parasailing activities, and hangliders).

· Petitioner will obtain an AirTraffic Organization ("ATO") issued Certificate ofWaiver orAuthorization ("COA'')prior to conducting any operations under this grant ofexemption. In fulfilling its requirements under the COA, Petitionerwill be required to request a NOT AMnot more than 

### 72 hours in advance, but not less than 48 hours prior to the operation. D. The Requested Exemption Promotes the Public Interest The enhanced safety achieved by replacing significantly larger manned aircraft carrying crew and flammable fuel with small UAS carrying no passengers orcrew and operated under the specific guidelines and procedures proposed by Petitioner gives the FAA good cause to find that the UAS operations enabled by the instant Petition are in the public interest. Moreover, as the FAAhas already recognized, "UAS provide an additional tool for the filmmaking industry, adding a greater degree offlexibility, which supplements the current capabilities offered by manned aircraft." 

### See ExemptionNo. 11062, Regulatory DocketNo. FAA-2014-0352, at p. 22. 

### VI. CONCLUSION Forthe foregoing reasons, the regulatory exemptions requested herein should be granted and Petitioner should bepermitted to conduct small UAS operations for the purpose ofclosed-set filming.

JTA/jrh En c.