November 23,2015 

U.S. Department of Transportation 

Docket Operations, M-3 0 

'cfir~ Evangelistic Association 

Always Good News. 

West Building Ground Floor, Room W12-140 

1200New JerseyAve., 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 

co 
November 23, 2015 

Page 2 

I. PETITION SUMMARY 

Pursuant to 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 under 49 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), 

91.1 03(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, if granted, would allow Petitioner to 

operate small, camera-mounted unmanned aircraft systems ("UAS") weighing 55 pounds or less 

for the purpose of aerial 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 of Petitioner'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 within the zone of safety envisioned by Congress 

and set forth 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 or crew 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 inthe public interest. Thus, the requested exemptions should be granted. 

II. BACKGROUND 

For over 60 years, Petitioner has sought to proclaim the Gospel of Jesus Christ by every 

effective means and to equip others to do the same. In furtherance of this, Petitioner has been a 

pioneer in the use of audio-visual production and filming. In order to continue to provide the 

highest level of evangelistic audio-visual productions, and to promote safety by eliminating the 

need for large manned aircraft for production, Petitioner seeks regulatory exemptions that will 

allow Petitioner to employ camera-mounted U AS technology - specifically, DJI Inspire ·1 - in the 

filming and production process. 

III. STATUTORY AUTHORITY 

A. Section 333 

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 

National Airspace System ("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 ofthe [comprehensive] plan and rulemaking required by section 332(b)(l) 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 operational authorization." The FAA 

has committed to complying with this mandate by granting several petitions similarly related to 

operating the DJI Inspire 1. See, e.g., Exemption Nos. 11062, 11204, 11213, 11224, 11254, 
November 23, 2015 

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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 

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 [NAS] or the public or 

pose a threat to national security." See Section 333(b). 

B. Section 44 701 (f) 

In addition to the specific authority conferred by Section 333, the FAA Administrator has 

general authority to grant exemptions from the FAA's safety regulations and minimum standards 

when the Administrator decides a requested exemption is in the public interest. See U.S.C. § 

4470l(f). 

IV. . REQUESTED EXEMPTIONS 

Petitioner requests relief from the following regulations: 

Part 21 prescribes, in pertinent part, 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 or U.S. driver's license is 

required for exercising stated pilot privileges. 

Section 61.10l{e)(4) and (5) prescribes that a recreational pilot may not act as a pilot in 

command of an aircraft for compensation or hire or in furtherance of a business. 

Section 61.113 prescribes that "no person who holds a private pilot certificate may act as 

a pilot in command of an aircraft that is carrying passengers or property for compensation or 

hire; nor may that person, for compensation or hire, act as pilot in command of an aircraft," (see 

Section 61.113(a)), and that "a private pilot may, for compensation or hire, 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," (see Section 61.113(b)). 

Section 61.133(a) sets forth privileges for persons holding commercial pilot certificates, 

including a provision impliedly limiting to persons holding a commercial pilot certificate the 

ability to act as pilot in command of an aircraft "[f]or compensation or hire." 

Section 61.315(a) prescribes that a person who holds a sport pilot certificate may act as 

pilot in command of a light-sport aircraft, except under enumerated circumstances, including for 

compensation or hire or in furtherance of a business. 
November 23, 2015 

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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 of U.S. registered civil aircraft unless there is 

available in the aircraft a current approved Airplane or Rotorcraft Flight Manual, approved 

manual material, markings, and placards, or any combination thereof. 

Section 91.1 03(b )( 1) prescribes, in pertinent part, that each pilot in command shall, 

before beginning a flight, become familiar with all available information concerning that flight, 

to include, "For any flight, runway lengths at airports of intended use, and the following takeoff 

and landing distance information: ... For civil aircraft for which an approved Airplane or 

Rotorcraft Flight Manual containing takeoff and landing distance data is required, the takeoff and 

landing distance data contained therein." 

Section 91.119( c) prescribes that, except when necessary for takeoff or landing, no 

person may operate an aircraft below the following altitudes: "Over other than congested areas. 

An altitude of 500 feet above the surface, except over open water or sparsely populated areas. In 

those cases, the aircraft may not be operated closer than 500 feet to any person, vessel, vehicle, 

or structure." 

Section 91.121 requires, in pertinent part, each person operating an aircraft to maintain 

cruising altitude by reference to an altimeter that is set "to the elevation of the 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 of intended 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 of the Aircraft Registration 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 or cockpit entrance so that it is legible to passengers or crew. 

Section 91.405(a) requires, in pertinent part, that an aircraft operator or owner shall have 

the aircraft inspected as prescribed in subpart E of the same part and shall, between required 

inspections, except as provided in paragraph (c) of the same section, have discrepancies repaired 

as prescribed in Part 43 of the chapter. 

Section 91.407(a)(l) prohibits, in pertinent part, any person from operating an aircraft 

that has undergone maintenance, preventative maintenance, rebuilding, or alteration unless it has 

been approved for return to service by a person authorized under§ 43.7 of the same chapter. 
November 23, 2015 

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Section 91.409(a)(l) and (2) prescribes, in pertinent part, that no person may operate an 

aircraft ).mless, within the preceding 12 calendar months, it has had an inspection for the issuance 

of an airworthiness certificate in accordance with part 21 and 43 of this chapter. 

Section.91.417(a) and (b) prescribes, in pertinent part, that specified maintenance and 

inspection records 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 of no more than 50 knots, carry neither a pilot nor passenger, 

carry no explosive materials 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. If a lost-link event occurs, including the loss of 

ground communications and/or the loss of a GPS signal, Petitioner's UAS has the ability to 

perform a pre-coordinated, predictable, automated flight maneuver and return to a predetermined 

location within a designated security perimeter for landing. The UAS further has the ability to 

abort a flight in the event ofunpredicted obstacles or emergencies. All flights will be terminated 

after a maximum of 30 minutes or with 25% remaining battery power, whichever occurs first. 

Thus, good cause exists for granting Petitioner's requested relief from 14 C.F .R. § 91.151 (a) 

(setting forth fuel requirements for flight in VFR conditions). 

Petitioner's UAS will be identified by serial number, registered in accordance with 14 

C.P.R. Part 47, 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 relief from 14 C.P.R.§ 91.121 (Altimeter Settings), 

Petitioner seeks such relief because Petitioner will not have a typical barometric altimeter 

onboard the UAS. Instead, altitude information will be provided to the UAS PIC via a digitally 

encoded telemetric data feed, 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. Prior to each flight, a zero altitude initiation point will be established and 

confirmed for accuracy by the UAS PIC. Thus, good cause exists for granting the requested 

relief from 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), subject to certain conditions and limitations, is warranted (if necessary) and meets 
November 23, 2015 

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the requirements for an equivalent level of safety under 14 C.F.R. Part 11 and Section 333. The 

UAS operated without an airworthiness certificate in the restricted environment and under the 

conditions and limitations proposed by Petitioner will be at least as safe, or safer, than a 

conventional aircraft (fixed wing or rotorcraft) 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. To the extent such 

information is not included in the guidelines developed by the manufacturers, Petitioners will 

develop and document maintenance, overhaul, replacement, and inspection requirements, and 

procedures to document and maintain maintenance records with regard 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 91.41 7 (a) and (b) are warranted. 

: Regarding Petitioner's requested relief from 14 C.F.R. § 91.7(a), it is Petitioner's 

understanding that Petitioner's UAS 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 

should be granted in light of the safety procedures proposed herein. In accordance with the 

pertinent part of 14 C.F.R. § 91.7(b), the operator in command of Petitioner's UAS shall be 

responsible for determining whether the aircraft is in a safe condition for flight. 

Regarding Petitioner's requested relief from 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 that relief from these regulations is no longer necessary 

in light of the FAA Memorandum "Interpretation regarding whether certain required documents 

may be kept at an unmanned aircraft's control station," dated August 8, 2014. To the extent the 

FAA deems an exemption from this section necessary for Petitioner's proposed operations, such 

exemption should be granted in light of the 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% of Petitioner's 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 the PIC will be able to communicate verbally at all times during 

operational flights. 

Regarding Petitioner's requested relief from 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, the PIC will take all actions including reviewing weather, flight battery 

requirements, aircraft performance data, and landing and takeoff distances before initiation of a 

flight. The PIC will also account for all relevant site-specific conditions in their preflight 

procedures. Risks presented by sun glare will be mitigated by the PIC's and VO's ability to see 

other air traffic and initiate a return-to-home sequence if needed. 
November 23, 2015 

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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 

Petitioner requests 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 or commercial). Unlike a conventional aircraft that 

carries the pilot and passengers, the UAS is remotely controlled with no living thing on board. 

The area of operation is controlled and restricted, and all flights are planned and coordinated in 

advance. The UAS will fly at altitudes well below the permissible limits for other civil aircraft, 

eliminating the risk to other aircraft. The risks associated with the operation ofthe UAS are so 

diminished from the level of risk associated with commercial operations contemplated by Part 61 

wheri drafted, that allowing operations of the UAS as requested exceeds the present level of 

safety achieved by 14 C.F.R. § 61.113(a) and (b). 

Additionally, 100% of Petitioner's operations will utilize a visual observer ("V 0"). The 

VO may be 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's requested relief from 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 takeoff distances before initiation of a 

flight. The PIC will also account for all relevant site-specific conditions in their preflight 

procedures. Risks presented by sun glare will be mitigated by the PIC's and VO's ability to see 

other air traffic and initiate a return-to-home sequence if needed. 

C. Operating Parameters of Petitioner's UAS 

Petitioner's UAS operations will be conducted within a sterile environment of filming. In 

this controlled environment, Petitioner's operations will remain within VLOS of the PIC and 

VO, below 400 feet AGL, and at speeds below 50 knots. Only participating persons will be 

permitted within the operating area. 

Petitioner requests relief from 14 C.F .R. § 91.119( c) with respect to those participating 

persons, vehicles, and structures directly involved in the performance of the actual filming. 

Regarding the distance from nonparticipating persons, Petitioner will ensure that no 

persons are allowed within 500 feet of the operating area except those consenting to be involved 

and necessary for the filming production, with the possibility of reducing this distance to no less 

than 200 feet if it would not adversely affect safety and the Administrator has approved it. 
November 23, 2015 

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Petitioner will not conduct UAS operations within 5 nautical miles of the geographic 

center of a non-towered airport unless a letter of agreement 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 or when visibility is less than 3 statute miles from the PIC. 

Petitioner's UAS will remain clear and yield the right of way 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 Air Traffic Organization ("ATO") issued Certificate of Waiver 

or Authorization ("CO A'') prior to conducting any operations under this grant of exemption. In 

fulfilling its requirements under the COA, Petitioner will be required to request a NOT AM not 

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 or crew 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 

FAA has already recognized, "UAS provide an additional tool for the filmmaking industry, 

adding a greater degree of flexibility, which supplements the current capabilities offered by 

manned aircraft." See Exemption No. 11062, Regulatory Docket No. FAA-2014-0352, at p. 22. 

VI. CONCLUSION 

For the foregoing reasons, the regulatory exemptions requested herein should be granted 

and Petitioner should be permitted to conduct small UAS operations for the purpose of closed-set 

filming. 

JTA/jrh 

En c.