800 17th Street, NW, Suite 1100 | Washington, DC 20006 | T 202.955.3000 | F 202.955.5564
Holland & Knight LLP | www.hklaw.com

Gary L. Halbert

202.469.5950 gary.halbert@hklaw.com

Charles D. Tobin

202.419.2539 charles.tobin@hklaw.com

Jennifer M. Nowak

202.419.2451
jennifer.nowak@hklaw.com

August 18, 2015

Via www.regulations.com

U. S. Department of Transportation Docket Management System 1200 New Jersey Ave., SE Washington, DC 20590

Re: ABC, Inc. Petition for Summary Grant of Exemption Pursuant to Section 333 of the

FAA Modernization and Reform Act of 2012

Dear Sir or Madam:

ABC, Inc. (hereinafter “ABC”), on behalf of its division ABC News and its owned television

stations WABC

- TV, New York, NY; WPVI

- TV, Philadelphia, PA; WLS

- TV, Chicago, IL; KTRK

- TV, Houston, TX; WTVD

- TV, Raleigh

- Durham, NC; KABC

- TV, Los Angeles, CA; KGO

- TV, San Francisco, CA; and KFSN

- TV, Fresno, CA (hereinafter, collectively, “ABC Owned Television Stations”), hereby appl ies for an exemption from certain Federal Aviation Regulations (FARs), listed below, to allow for the operation of small unmanned aircraft system (UAS) to conduct commercial flights for aerial photography and filming, including closed

- set filming, under the conditions outlined herein or as may be established by the FAA. 1 As set forth below, the operations for which this exemption is sought would be carried out in accordance with the conditions the FAA has placed on holders of similar exemptions. As such, we request summary approval of this petition for exemption pursuant to FAA’s summary grant policy, announced on April 9, 2015. 2

ABC News, one of the country’s largest professional news companies, providing coverage of news and newsworthy events to millions of American viewers each day, and the ABC Owned Television Stations, which provide coverage of local and regional news and news worthy events to millions of viewers in their respective local markets, would operate the UAS to capture footage

1 See Section 333 of the FAA Modernization and Reform Act of 2012 (Reform Act); see also 14 C.F.R. Part

11.

2 See FAA Press Release, http://www.faa.gov/news/updates/?newsId=82485

.

Anchorage | Atlanta | Austin | Boston | Chicago | Dallas | Denver | Fort Lauderdale | Jacksonville | Lakeland | Los Angeles | Miami
New York | Northern Virginia | Orlando | Portland | San Francisco | Tallahassee | Tampa | Washington, D.C. | West Palm Beach

### August 18, 2015 Page 2

from vantages that cannot be provided by existing equipment or aircraft, and to cover a wider variety of news events that currently cannot be c overed by helicopter or fixed

- wing manned

aircraft in a cost

- effective and/or safe manner. Increased coverage of newsworthy events, especially on the local level, and the increased level of safety associated with the use of UAS in lieu of larger, manned ai rcraft, is decidedly in the public interest.

Because the FAA has granted numerous exemptions to UAS operators for the purposes

of aerial data collection and closed

- set filming similar in all material respects to the relief requested here, 3 and ABC News and the ABC Owned Television Stations agree to comply with the limitations and conditions placed on those exemptions, this application sets no new precedents and meets the Administration’s criteria for summary grant of an exemption. Therefore, ABC
respect fully requests that the FAA waive the 120

- day requirement set out in 14 C.F.R. § 11.63(d) and further expedite the approval of this application on a summary grant basis.

Request for Exemption

Name and address of petitioner:

ABC, Inc.

Attn: John Zuc ker, Deputy Chief Counsel

77 West 66th St.
New York, NY 10023

Ph: 212

- 456

- 7387

ABC News seeks exemption for use described above from the following regulations:

14 CFR § 45.23(b)

14 CFR Part 21 , Subpart H 14 CFR § 61.113(a) and (b) 14 CFR 91.7(a)

14 CFR 9 1.9(b)(2) 14 CFR § 91.103 14 CFR § 91.109 14 CFR § 91.119 (c) 14 CFR § 91.151(a) 14 CFR § 91.405(a) 14 CFR § 91.407(a)(1) 14 CFR § 91.409(a)(1) and (2) 14 CFR § 91.417(a) and (b)

Exemption Authority under Section 333 of the Reform Act

Section 333 of the Reform Act directs the Secretary of Transportation, prior to a rulemaking in accordance with Section 322, to “determine if certain unmanned aircraft systems

3 See, e.g., Exem ption Nos. 11062, 11109, 11112, and 11213.

### August 18, 2015 Page 3

may operate safely in the national airspace system” (NAS). Reform Act § 333(a) . At a minimum,

this determination includes:

(1) which types of unmanned aircraft systems, if any, as a result of their size, weight, speed, operational capability, proximity to airports and populated areas, and operation within visual line of sight do not create a hazard to users of the national airspace system or the public or pose a threat to national security; and (2) whether a certificate of waiver, certificate of authorization, or airworthiness certification under section 44704 of title 49, United States Code, is required for the operation of unmanned aircraft systems identified under paragraph (1).

Reform Act § 333(b). “If the Secretary determines . . . that certain unmanned aircraft systems may operate safely in the national airspace system, the Secretary shall establish requirements for the safe operation of such aircraft in the national airspace system.” Reform Act § 333(c). Specifically, Section 333 of the Reform Act permits the FAA to provide exemptions regarding

airworthiness certification under 49 U.S.C. §§ 44704 and 44711.

The small size of the UAS, the restricted environment in which they will operate, the conditions placed on such operations by the FAA, and the adherence to the Operator’s sUAS Operations Manual ( Operations Manual ) and Closed Set Flight Operations Manual ( CS FOM) 4 ensure that the operations under the requested exemption will be conducted safely within the national airspace system and will provide an equivalent level of safety

.

Description of UAS Proposed for Operations

Applicable Regulations : 14 C.F.R. § 91.405(a); 14 C.F.R. § 91.407(a)(1); 14 C.F.R. § 91.409(a)(1)

- (2); 14 C.F.R. § 91.417(a) and (b)

ABC News and the ABC Owned Television Stations propose to use the following models of UAS, which are designed for pro fessional aerial photography and cinematography:

1. SUAS name: Inspire 1 Manufacturer: DJI Make: Inspire 1 Model: T600

Type: Multi

- rotor system

Wing/ Rotor Span (mm):342

Overall Diameter (multi

- rotors only) (m): 954 Length (mm): 734

Command and Control Frequency: 2.4 GHz

– 2.483 GHz; 5.725

– 5.825 TX Communication

distance: 2 Km

4 These manuals will be provided under separate cover as confidential commercial and proprietary materials pursuant to 14 C.F.R. § 11.35(b).

### August 18, 2015 Page 4

Power Consumption of TX: <20dBm Number of Engines: 4

Engine Type: Brushless

Battery (electric only) type: Lithium Polymer Capacity 4500 mAh Volts: 22.2v MTOM: 2953g

2. SUAS name: Phantom 2 Manufacturer: DJI Make: Phantom 2

Model: Phantom 2 Type: Multi

- rotor system

Wing/ Rotor Span (mm): 240

Overall Diameter (multi

- rotors only) (m): 590 Length (mm): 493

Command and Control Frequency: 2.4 GHz

– 2.483 GHz; Communication distance: 1 Km

Power Consumption of TX: <20dBm Number of Engines: 4

Engine Type: Brushless

Battery (electric only) type: Lithium Polymer Capacity 5200 mAh Volts: 11.1v MTOM: 1500g

3. SUAS name: Phantom 3 Manufacturer: DJI Make: Phantom 3

Model: Phantom 3

Type: Multi

- rotor system

Wing/ Rotor Span (mm):240

Overall Diameter Diagonal size (including propellers) : 689 mm Length (mm): 493

Command and Control Frequency: 2.4 GHz

– 2.483 GHz; Communication distance: 2000M

Power Consumption of TX: <20dBm Number of Engines: 4

Engine Type: Brushless

Battery (electric only) type: Lithium Polymer Capacity 6000 mAh Volts: 11.1v MTOM: 1500g

4. SUAS name: Solo Manufacturer: 3DR Make: Solo

### August 18, 2015 Page 5

Model: Solo 2 Type: Multi

- rotor system

Serial Number: Wing/ Rotor Span (mm):254

Overall Diameter (multi

- rotors only) (mm): 645 Length (mm): 525

Command and Control Frequency: 2.4 GHz

– 2.483 GHz; Communication distance: 1 Km

Power Consumption of TX: <20dBm Number of Engines: 4

Engine Type: Brushless

Battery (electric only) type: Lithium Polymer Capacity 5200 mAh Volts: 14.8v MTOM: 1500g

FAA has previously determined that a grant of exemption is appropriate for these models due to their size, weight, speed and operational capability. 5 Generally, however, the UAS are small rotorcraft weighing less than 55 lbs that operate at a maximum speed of 55 knots and have the capability to hover, and move in the vertical and horizontal planes simultaneously. The UAS,

cameras and sensors are contro lled by radio frequency in the 2.4 GHz spectrum, in compliance with Federal Communications Commission (FCC) requirements. Inspection, maintenance, repair and preflight safety risk assessment of the UAS will be performed in accordance with the Operations Manual and Manufacturer Manuals and subject to the conditions and limitations provided below.

The Pilot in Command (PIC) will conduct a pre

- flight inspection and determine that the UAS is in a condition for safe flight. The pre

- flight inspection must acc ount for all potential discrepancies, e.g., inoperable components, items, or equipment. The Operator will follow the UAS manufacturer’s maintenance, overhaul, replacement, inspection, and life limit requirements for the aircraft and aircraft components, a s well as comply with all manufacturer safety bulletins.

UAS Crew

Applicable Regulations : 14 CFR § 61.113(a) and (b).

The UAS will be operated by at least two people: the PIC and a visual observer. The pilot in command will hold an air transport, commercial, private, recreational or sport pilot certificate,

in addition to an airman medical certificate or a United States driver’s license. Prior to any operations conducted under an exemption, the PIC will have accumulated and logged a minimum of 200 flight cycles and 25 hours total time as a UAS rotorcraft pilot and at least 10 hours logged as a UAS pilot with a similar UA S type (single blade or multirotor). For closed set filming, the PIC will have accumulated and logged a minimum of five hours as UAS pilot operating the make and

5 See, e.g., Exemption No. 11398 (DJI Phantom 2 and DJI Inspire 1), Exemption No. 12391 (DJI Phantom 3), and Exemption No. 12174 (3DR Solo).

### August 18, 2015 Page 6

model UAS to be utilized for operations under the exemption and three take

- offs and three

lan dings in the preceding 90 days.

Further, prior to any operations under an exemption, the PIC and VO must have successfully completed a qualification process as outlined in the Operations Manual

.

UAS Operating Parameters

Applicable Regulations : 14 CF R § 91.103; 14 CFR § 91.119; 14 CFR § 91.151(a).

The UAS will be operated safely to insure that the UAS will “not create a hazard to users of the national airspace system or the public.” (Reform Act Section 333 (b)). The UAS will be operated in accordance with the Operations Manual and the CSFOM , and subject to the conditions and limitations provided below.

The UAS at all times will be operated within visual line of sight and at an altitude of no greater than 400 feet above ground level. Flights will be limited to daytime operations, conducted under visual meteorological conditions and will not be operated less than 500 feet below or less than 2,000 feet horizontally from a cloud, or when visibility is less than 3 statute miles from the

PIC. The UAS wil l be operated at least 5 nautical miles from airports, unless a letter of agreement with the airport’s management is obtained or the operation is otherwise permitted by a Certificate of Authorization or Waiver (COA).

Flight operations will be conducted at least 500 feet from all nonparticipating persons, vessels, vehicles and structures unless: (a) Barriers or structures are present that sufficiently protect nonparticipating persons from the UA and/or debris in the event of an accident. The Operator is res ponsible for ensuring the protection of nonparticipating persons and must stop the flight immediately if nonparticipating persons leave the protection area and are within 500 feet of the UAS; or (b) The owner/controller of any vessels, vehicles or structur es has granted permission for operating closer to those objects and the PIC has made a safety assessment of the risk of operating closer to those objects and determined that it does not present an undue hazard.

All operations will be conducted in accordan ce with the Operations Manual and closed

set filming will be operated only within sterile areas as described in the CSFOM . Operations in compliance with these manuals ensures that the UAS “will not create a hazard to users of the national airspace system o r the public.” 6

All flights over private or controlled access property will be operated with the property owner’s prior consent and knowledge. Closed

- set filming will be of people who have also consented to being filmed or otherwise have agreed to be in th e area where filming will take place.

Safety and Public Interest

Applicable Regulations : 14 CFR § 91.405(a); 14 CFR § 91.407(a)(1); 14 CFR § 91.409(a)(1)

- (2); 14 CFR § 91.417(a) and (b);

6 Reform Act Section 333(b).

### August 18, 2015 Page 7

14 CFR § 61.113(a) and (b); 14 CFR § 91.103; 14 CFR § 91.119;

14 C FR § 91.151(a).

UAS use by news organizations is not, strictly speaking, a commercial use akin to the sale of goods or services. Rather, because UAS would provide enhanced news and information, its use by journalists and entertainment programmers, like ABC News, the gran t of an exemption would significantly advance their First Amendment mission and therefore is in the public interest. Expanded news gathering through UAS operated in a safe manner and in a controlled environment is completely consistent with Congress's rec ognition of the tremendous public benefit that can be gained by allowing for the use of this innovative and sophisticated technology, which is why Congress directed to the FAA "to safely accelerate the integration of civil unmanned aircraft systems in the national airspace systems." Consistent with this Congressional directive, the limited UAS operations proposed here will enhance the safety of ABC News' and the ABC Owned Television Stations’ newsgathering operations, while allowing for them to provide an aerial perspective for audiences on matters of interest to the public. Carefully managed UAS operations

will be far more cost

- effective and far safer, both to operators and people and property on the ground, than the typical helicopter flight coverage us ed in the past to cover newsworthy events.

A helicopter would be the closest alternative to the UAS in this instance. The UAS would be used to capture footage from angles that jib

- and crane

- mounted cameras cannot provide. However, the UAS, as describe d in this application for exemption, the Aircraft Manual, and subject to the conditions and limitations set forth herein, would be safer than a helicopter for the following reasons: (1) manned helicopters conducting television aerial filming can weigh 6,00 0 lbs or more, as compared with the UAS which weighs substantially less than 55 lbs; (2) the limited weight of the UAS significantly reduces the potential for harm to participating and nonparticipating individuals or property in the event of an accident; ( 3) a manned helicopter is operated by a pilot and crew, as necessary, whereas the UAS is not; (4) the UAS therefore poses no risk to persons on board the aircraft; (5) manned aircraft are at risk of fuel spillage and fire in the event of an

incident or acc ident; (6) the UAS carries no fuel, and therefore has no risk of fire following an incident or accident due to fuel spillage; (7) the limited size, weight, operating conditions, and design safety features of the UAS make it safer than a manned helicopter f or operations in general proximity to people on the ground, although separated by safety zone boundaries established in

the Operations Manual and CSFOM

.

Further, in addition to substantial procurement costs, use of a helicopter to cover a story

can co st upwards of $10,000 per operation, and it can take hours to prepare for a flight and travel to a newsworthy event. The UAS that ABC News and the ABC Owned Television Stations wish to use cost a fraction of that amount and the increased flexibility for f ilming due to the portability of UAS will allow more timely and cost

- effective news coverage. Far more extensive news coverage is possible with UAS, especially in smaller media markets where aerial coverage has been uneconomical. News organizations provi de a valuable public service by giving their audiences awareness of their environment. Increased coverage of disasters, storms, events, and potentially dangerous situations increases the public’s awareness, and is beneficial to public safety.

### August 18, 2015 Page 8

Conditions and Limitations

In addition to the terms of the Flight Operations Manual, which may overlap with the terms below, ABC (“the Operator”) specifically proposes that if the exemption is granted, the UAS, and ABC’s operation of the UAS, will conform to the following conditions and limitations, which will ensure an equivalent or higher level of safety.

1. The UAS will weigh less than 55 pounds (25 Kg), including energy source(s) and affixed camera equipment. Operations will be limited to the aircr aft described in the Operations

Manual

.

2. The UAS will be flown at g round speeds not in excess of 55 knots.

3. Flights will be operated at an altitude of no more than 400 feet above ground level (AGL), as indicated by the procedures specified in the Operations Manual . All altitudes reported

to ATC will be in feet AGL. 7

4. The UAS will be operated within visual line of sight (VLOS) of the PIC at all times. This requires the PIC to be able to use human vision unaided by any device other than
corrective lenses, as specified on the PIC’s FAA

- issued medical certificate or U.S. driver’s

license.

5. All operations will utilize a visual observer (VO). The VO may be used to satisfy the VLOS requirement as long as the PIC always maintains VLOS capability. The VO and PIC will be able to communicate verbally at all times, as described in the Operations Manual

.

6. The UAS Manufacturer Manuals, Operations Manual , and CSFOM (the “operating documents”) will be maintained and made available to the Administrator or any law

enforcement o fficial upon request. The operating documents will be accessible during UAS operations. ABC News and/or the ABC Owned Television Stations may update or

revise the Operations Manual and CSFOM . ABC understands its responsibility to track

such revisions and present updated and revised documents to the Administrator upon request. ABC will also present updated and revised documents if it petitions for extension or amendment. If ABC determines that any update or revision would affect the basis for

which the FAA granted this exemption, then ABC will petition for amendment to its exemption.

7. Prior to each flight the PIC will inspect the UAS to ensure it is in a condition for safe flight. If the inspection reveals a condition that affects the safe operation of the UAS, the aircraft will not operate until the necessary maintenance has been performed and the UAS is found to be in a condition for safe flight. The ground control station, if utilized, will be

7 Whenever possible, ABC intends to operate the UAS at or below 200 feet in accordance with the bla nket Certificate of Waiver or Authorization (“COA”) policy announced by the FAA on March 23, 2015. For each operation that requires the UAS to operate at altitudes of 201

- 400 feet, ABC will file an individual COA.

### August 18, 2015 Page 9

included in the preflight inspection. All maintenance and a lterations will be properly

documented in the aircraft records.

8. ABC will follow the manufacturer’s UAS aircraft/component, maintenance, overhaul, replacement, inspection, and life limit requirements. When unavailable, aircraft maintenance/component/overha ul, replacement, and inspection/maintenance requirements will be established and identified in the maintenance section of the Operations Manual

.

9. The PIC will possess either an airline transport, commercial, private, recreational or sport pilot certificate , and at least a current third

- class medical certificate or a current U.S.

driver’s license.

10. The operator will not permit any PIC to operate unless the PIC demonstrates the ability to safely operate the UAS in a manner consistent with how the UAS will be operated under this exemption, including evasive and emergency maneuvers and maintaining appropriate

distances from persons, vessels, vehicles and structures. PIC qualification flight hours and currency must be logged in a manner consistent with 14 CFR § 61.51(b). Flights for the purposes of training the operator’s PICs and VOs (training, proficiency, and experienc e

building) and determining the PIC’s ability to safely operate the UAS in a manner consistent with how the UAS will be operated under this exemption are permitted under the terms of this exemption.

11. Training operations will only be conducted during dedica ted training sessions. During training, proficiency, experience

- building, and take

- off and landing currency flights, all persons not essential for flight operations are considered nonparticipants, and the PIC will operate the UAS with appropriate distanc e from nonparticipants in accordance with 14 CFR § 91.119. The UAS will not be operated directly over any person, except authorized and consenting production personnel, and even then, never below an altitude that is hazardous to persons or property on the surface in the event of a UAS failure or

emergency.

12. Regarding the distance from participating persons for closed

- set filming, 8 the Operations

Manual and CSFOM contain safety mitigations for authorized and consenting production personnel. At all times, th ose persons will be essential to the closed

- area filming operations. Because these procedures are specific to participating persons, no further FSDO or aviation safety inspector approval is necessary for reductions to the distances specified in the petitio ner’s Operations Manual . This is consistent with the manned aircraft procedures described in FAA Order 8900.1, V3, C8, S1 Issue a Certificate of Waiver for Motion Picture and Television Filming.

8 Per Order 8900.1 V3, C8, S1, participati ng persons are all persons associated with the filming production, and they must be briefed on the potential risk of the proposed flight operation(s) and must acknowledge and accept those risks. Nonparticipating persons are the public, spectators, media, e tc., not associated with the filming production.

### August 18, 2015 Page 10

13. Flight operations will be conducted at least 500 feet from a ll nonparticipating persons, vessels, vehicles and structures. This provision may be reduced to no less than 200 feet if it would not adversely affect safety and the Administrator has approved it. For example, an equivalent level of safety may be determine d by an aviation safety inspector’s evaluation of the filming production area to note terrain features, obstructions, buildings, safety barriers, etc. Such barriers may protect nonparticipating persons (observers, the public, other news media, etc.) from debris in the event of an accident.

14. If the UAS loses communications or loses its GPS signal, the UAS will be programmable

and will be programmed to return to a pre

- determined location within the security perimeter

of the closed

- area and land or be recove red in accordance with the Operations Manual

.

15. The UAS will abort the flight in the event of unpredicted obstacles or emergencies in

accordance with the Operations Manual

.

16. Each UAS operation will be co mpleted within 5 minutes of flight time or with 25% batt ery power remaining, whichever occurs first.

17. ABC will obtain an Air Traffic Organization (ATO) issued COA prior to conducting operations outside the parameters of the blanket COA

– i.e., at altitudes of 201

– 400 feet, and/or less than 5 nautical miles (NM ) from an airport having an operational control tower; less than 3 NM from an airport with a published instrument flight procedure, but not an operational tower; less than 2 NM from an airport without a published instrument flight procedure or an operation al tower; or less than 2 NM from a heliport with a published instrument flight procedure. This COA will also require ABC to request a Notice to Airman (NOTAM) not more than 72 hours in advance, but not less than 48 hours prior to the operation.

18. All UAS wi ll be identified by serial number, registered in accordance with 14 CFR part 47, and have identification (N

- Number) markings in accordance with 14 CFR part 45, Subpart C. Markings will be as large as practicable.

19. The UAS will comply with all manufacturer

- issued Safety Bulletins.

20. Before conducting operations, the radio frequency spectrum used for operation and control of the UAS will comply with the Federal Communications Commission (FCC) or other appropriate government oversight agency requirements.

21. For closed

- set filming, at least three days before scheduled filming, ABC will submit a written Plan of Activities to the local FSDO with jurisdiction over the area of proposed filming. The 3

- day notification may be waived with the concurrence of the FSDO. The plan of activities will include at least the following:

a. Dates and times for all flights;

b. Name and phone number of the Operator for the UAS filming production conducted under this grant of exemption;

### August 18, 2015 Page 11

c. Name and phone number of the person responsible for the on

- scene operation of the UAS;

d. Make, model, and serial or N

- number of UAS to be used;

e. Name and certificate number of UAS PICs involved in the filming production event;

f. A statement that the Operator has obtained permission from property ow ners and/or local officials to conduct the filming production event; the list of those who gave permission will be made available to the inspector upon request;

g. Signature of exemption

- holder or representative; and

h. A description of the flight activity , including maps or diagrams of any area, city, town, county, and/or state over which filming will be conducted and the altitudes essential to accomplish the operation.

22. The documents required under 14 CFR §§ 91.9 and 91.203 will be available to the PIC at the ground control station of the UAS any time the aircraft is operating. These documents will be made available to the Administrator or any law enforcement official upon request.

23. The UAVs will remain clear and yield the right of way to all other manned a ircraft operations and activities at all times (including, but not limited to, ultralight vehicles, parachute activities, parasailing activities, hang gliders, etc.).

24. UAS operations will not be conducted during night, as defined in 14 CFR § 1.1.

25. All opera tions will be conducted under visual meteorological conditions (VMC).

26. The UAS will not be operated by the PIC from any moving device or vehicle.

27. The UAS will not be operated less than 500 feet below or less than 2,000 feet horizontally

from a cloud or whe n visibility is less than 3 statute miles from the PIC.

28. The UAS will not operate in Class B, C, or D airspace without written approval from the FAA. The UAS will not operate within 5 nautical miles of the geographic center of a non

towered airport as deno ted on a current FAA

- published aeronautical chart unless a letter of agreement with that airport’s management is obtained, and the operation is conducted

in accordan ce with a NOTAM as required by A BC News’ COA. The letter of agreement with the airport management will be made available to the Administrator upon request.

29. Any incident, accident, or flight operation that transgresses the lateral or vertical boundaries of the operational area as defined by the applicable COA will be reported to

the FAA’s UAS Integration Office (AFS

- 80) within 24 hours. Accidents will be reported to the National Transportation Safety Board (NTSB) per instructions contained on the NTSB Web site: www.ntsb.gov. Further flight operations will not be conducted until the incident,