To Whom It May Concern: In pursuant with Section 333 of the FAA Modernization and Reform Act of2012 and 14 C.F.R. Part 11, KPRC CHANNEL 2, A Graham Media company an operator of a small Unmanned Aircraft System (sUAS) and television industry , seeks an exem ption from the Federal Aviation Regulations (FARs) to allow commercial operations and news gathering of its sUAS. Regulations ("FARs") to allow commercial operation of its sUASs, so long as such operations are conducted within and under the conditions out lined herein or as ma y be established by

the FAA as required by

Section 333. As described more fully

below, the requested exemption would permit the operation of small, unmanned and relatively inexpensive sUAS under controlled conditions in airspace that i s limited, predetermined, controlled as to access and would provide safety enhancements to the already safe operations in the film and television industry presently using conventional aircraft. Approval of this exemption would thereby enhance safety and fu lfill the Secretary

of Transportation's (the FAA Administrator's) responsibilities to
"

... establish requirements for the safe operation of such aircraft sy stems in the national airspace sy stem." Section 333(c) of the Reform Act. Information Supporting this Petition as Specified in 14 C.F.R. §11.81 (a) Your name and mailing address and, if y ou wish, other contact information such as a fax number, telephone number, or e

- mail address; Robert Grant KPRC CHANNEL 2 News. 8181 SouthWest Freeway Houston TX, 77074

- 1705 Email: rgrant@kprc.com (b) The specific section or sections of 14 C.F.R. from which KPRC CHANNEL 2 seeks an exemption

• 

### 2 1

- Subpart H Certification procedures for products and parts, Airworthiness Certificates

• 45.23

- Display

of marks; general

• 61. 113

- Private pilot privileges and limitations: Pilot in command

• 91.103

- Preflight Actions

• 91.105

- Flight crewmembers at stations

• 91.109

- Flight instruction; Simulated instrument flight and certain flight tests. f)

• 91.119

- Minimum safe altitudes: Genera l

• 91.121

- Altimetersettings

• 91.151

- Fuel requirements for flights in Visual Flight Rules (VFR) conditions

• 91.203

- Civil aircraft: certification required

• 91.405

- Maintenance required

• 91.407

- Operation after maintenance, preventative maintenance, rebuild ing, and alteration

• 91.409

- Inspections

• 91.417

- Maintenance records (c) The extent of relief Channel 2 seeks, and the reason Channel 2 seeks the relief Channel 2 seeks an exemption for several provisions of 14 C.F.R. Parts 21, 45, 61, and 91 to the e xtent to operate small UASs to record aerial video for commercial and News worthy

purposes. This exemption application is expressly submitted to fulfill Congress' goal in passing Section 333(a) through (c) of the Reform Act. This law directs the Secretary of Transportation to consider whether certain unmanned aircraft sy stems ma y operate safely

in the national airspace system (NAS) before completion of the rulemaking required under Section 332 of the Reform Act. In making this determination, the Secretary is required to determine which ty pes of UASs do not create a hazard to users of the NAS or the public or pose a threat to national security in light of the following:

• The UAS's size, weight, speed, and operational capability ;

• Operation of the UAS in clos e proximity to airports and populated areas; and

• Operation of the UAS within visual line of sight of the operator. Reform Act§ 333 (a). Lastly , if the Secretary determines that such vehicles "ma y operate safely

in the national airspace system, the Secret ary shall establish requirements for the safe operation of such aircraft in the national airspace sy stem" The Federal Aviation Act expressly grants the FAA the authority to issue exemptions. This statutory authority by its terms includes exempting civil a ircraft, as the term is defined under §40101 of the Act, that includes sUASs, from the requirement that all civil aircraft must have a currentairworthiness certificate. The Administrator may grant an exemption from a requirement of a regulation prescribe d under subsection (a) or (b) of this section or any sections 44702

- 44716 of this title if the Administrator finds the exemption in the public interest. 49 U.S.C. §44701(f) See also 49 USC §44711(a); 49 USC §44704; 14CFR§91.203 (a) (1). 

### 14 **C.F .R. 21**  **- Sub**  **part H Certification procedures for products and parts, Airworthiness Certificates**  Channel 2 seeks exemption from 

### 14 **C.F.R. 21, Subpart H** which states the certification procedures for products and parts as well as airworthiness certificates. The sUAS to be operated hereunder is less than 55 lbs. fully loaded, carries neither a pilot nor passenger, carries no explosive materials or flammable liquid fuels, and operates exclusively within a secured area as set out in the Manual. Unlike other civil aircraft, ope rations under this exemption will be tightly controlled and monitored by both the operator, pursuant to the Manual's requirements, and under the requirements and in compliance with local public safety requirements, to provide security for the area of operation as is now done with conventional filming. The FAA will have advance notice of all operations. These safety enhancements, which already

apply to civil aircraft operated in connection with motion picture and television production, provide a greater degr ee of safety to the public and property

owners than conventional operations conducted with airworthiness certificates issued under 14 C.F.R. Part 21, Subpart H. Lastly , application of these same criteria demonstrates that there is no credible threat to nat ional security posed by the UAS, due to its size, speed of operation, location of operation, lack of explosive materials or flammable liquid fuels, and inability to carry a substantial external load. Channel 2 has developed our own training procedures an d regulations to promote and provide safe flying experiences for our PIC(s) which can be viewed in section (e) of this petition. Unlike other civil aircraft, operations under this exemption will be tightly controlled and monitored by both the operator, pur suant to the Manual's requirements, and under the requirements and in compliance with local public safety requirements, to provide security

for the area of operation. **14 C.F.R. §**  **45.23 (b). Marking ofthe Aircraft** Channel 2 seeks exemption from **14 C.F.R. 45 .23,**  which discusses the display of marks. Specifically , section 45.23 states, "(a) each operator of an aircraft must display on that aircraft marks consisting of the Roman capital letter "N" (denoting United States registration) followed by the registrati on number of the aircraft. Each suffix letter used in the marks display ed mu st also be a Roman capital letter (b) when marks include only the Roman capital letter"N" and the registration number is display ed on limited, restricted or light

- sport category

a ircraft or experimental or provisionally certificated aircraft, the operator must also displa y on that aircraft near each entrance to the cabin, cockpit, or pilot station, in letters not less than 2 inches nor more than 6 inches high, the words "limited," "restricted," "light

- sport," "experimental," or "provisional," as applicable". Channel 2 will need exemption from this regulation due to the small size of the aircraft and that there is no cabin, cockpit, or pilot station for the aircraft. The words "Expe rimental" has been placed on the fuselage in compliance with §45.29 (f) where the pilot, observer and others working with the sUAV will see the identification of the UAS as "Experimental." The FAA has issued the following exemptions to this regulation to E xemptions Nos. 10700, 8738, 10167 and 10167 A. **14 C.F.R. §**  **61.113** (a) & **(b): Private Pilot Privileges and Limitations: Pilot in Command.**  OpenSky

seeks exemption from 14 C.F.R. 61.113, which discusses private pilot privileges and limitations for the Pilot in command (PIC). Channel 2 is seeking exemption from this regulation, because OpenSky believes that there is inconclusive evidence that a person with a private pilot certificate can successfully

m aneuver a sUAS without first hand flight experience with the particular sUAS. In fact, having a private pilot license does not automatically ensure competence at flying an sUAS in 3rct person view as required to properly operate an sUAS within the required line of sight. However, we believe that the PIC and our FOVO (Field Operation Visual Observer) must be able to understand and correctly interact with the general aviation community . Therefore, we believe our own flight training with the sUAS will be mo re than satisfactory . Our PI C and FOVO will be both certified in Ground School training to be able to properly interact with General Aviation protocols. They will also actively pursue a private pilot's license as well have the necessary medical qualifications. **14 C.F.R.** 

### 91.103 **- Preflight Actions**  Channel 2 seeks exempti on from 14 C.F.R. 91.103 which states that each pilot in command shall, before beginning a flight, become familiar with all available information concerning that flight. This information must include: (a) For a flight under IFR or a flight not in the vicin ity

of an airport, weather reports and forecasts, fuel requirements, alternatives available if the planned flight cannot be completed, and any known traffic dela ys of which the pilot in command has been advised by ATC; actions, including reviewing weather, flight battery requirements, landing and takeoff distances, and aircraft performance data before starting a flight. Channel 2 will be operating our sUAS in VFR. Our operations manual already includes preflight procedures directly pertaining to our sUAS wh ich includes equipment checklist as well a preplanning details regarding weather conditions, review of any possible flightpath of general aviation, our mission flight path and weather conditions amongst other

parameters required to complete the mission. **1 4 C.F.R.**  

### 91.119 **- Minimum safe altitudes: General**  Channel 2 seeks exemption from 14 C.F.R. 91.119, which discusses minimum safe altitudes. As this exemption is for a sUAS that is a helicopter and the exemption requests authority to operate at altitudes up t o 400 AGL, or not more than 200 above an elevated platform from which filming is planned, an exemption may be needed to allow such operations. As set forth herein, except for the limited conditions stated in the Manual, the UAS will never operate at higher than 400 AGL. It will however be operated in a restricted area with security perimeter, where buildings and people will not be exposed to operations without their pre

- obtained consent. The equivalent level of safety will be achieved given the size, weight , speed of the UAS as well as the location where it is operated. No flight will be taken without the permission of the property

owner or local officials. Because of the advance notice to the property owner and participants in the filming activity , all affe cted individuals will be aware of the planned flight operations as set forth in the Manual. Compared to flight operations with aircraft or rotorcraft weighting far more than the maximum 55lbs. proposed herein and the lack of flammable fuel, any risk associ ated with these operations is far less than those presently presented with conventional aircraft operating at or below 500 AGL in the mo vie industry . In addition, the low

- altitude operations of the sUAS will ensure separation between these small

- UAS operations and the operations of conventional aircraft that must comply with Section 91.119. **14 C.F.R. 91.121 -**  **Altimeter settings** Channel 2 seeks exemption from 14 C.F.R. 91.121, which discusses altimeter settings for lowest usable flight level. C.F.R. 91121 st ates, Current altimeter setting 29.92 (or higher) 29.91 through 29.42 29.41 through 28.92 28.91 through 28.42 28.41 through 27.92 27.91 through 27.42 27.41 through 26.92 Lowest usable flight level 180 185 190 195 200 205 210

_l(c) To convert minimum altit ude prescribed under §§91.119 and 91.177 to the minimum flight level, the pilot shall take the flight level equivalent of the minimum altitude in feet and add the appropriate n u m b 

### e r o H e e t s p e c 1 " f 1 e 

### d b e I o w , a c c o r d ' 

### m g t o t h e c u r r e n t r e p o r t e d a I t 1. m e t e r s e t t m g : " Current altimeter setting 29.92 (or higher) 29.91 through 29.42 29.41 through 28.92 28.91 through 28.42 28.41 through 27.92 27.91 through 27.42 27.41 through 26.92 Adjustment factor None 500 1,000 1,500 2,000 2,500 3,000 Channel 2s UAS uses both GPS altitude and barometric sensors and relay s that information to our ground station. However, this data is used help the sUAS to automatically

maintain position hold at the required elevation and th erefore this code is not pertinent the functionality of this sUAS. **14 C.F.R. 91.151 -**  **Fuel requirements for flights in Visual Flight Rules (VFR) conditions**  Channel 2 seeks exemption from 14 C.F.R. 91.151, which discusses fuel requirements for flight in VFR conditions. Specifically , 91.151 states "(a) 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, assuming 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. (b) No person may begin a flight in a rotorcraft under VFR conditions unless (considering wind and forecast weather c onditions) there is enough fuel to fly to the first point of intended landing and, assuming normal cruising speed, to fly after that for at least 20 minutes". Channel 2 sUAS has a ty pical mission time ofless than 10 minutes with maximum flight time of 25 m inutes. Since this amount less than the 30 minute reserve minimum, this reserve minimum would not even make sense in allowing the sUAS a chance to fly

. According to OpenSky 's aircraft flight manual, the PIC is instructed to maintain flight until battery po wer reaches 25%, or 1st level warning. At this level, landing procedures will be intiated. Once the sUAS reads 20%, 2nd level warning, the flight control sy stem automatically

take over and initiates safe landing sequence at the logged in takeoff point. Channel 2 policy

outlined in our Flight Operations Manual achieves satisfactory safety standards.Channel 2 believes that an appropriate and current airworthiness certificate would not be

necessary to fly

a sUAS given the size of the aircraft and the necessary level of skill needed to operate the aircraft. Before putting in to service, each of our sUAS goes through our own airworthiness proceedures of miminum test flight and reliability checks. Also, our sUAS are recalibrated each at the site location before each flight to ensure that all sy stems functions as designed. OpenSky seeks exemption from this regulation because we believe this rule was not meant for a sUAS and operators. **14 C.F.R. 91.405, 91.407, 91.409, and 91.417** Channel 2 seeks exemption from 14 C .F.R. 91.405, 91.407, 91.409, and 91.417, which discusses required aircraft maintenance, operation after maintenance, preventive maintenance, rebuilding, or alteration, inspections, and maintenance records. In Channel 2 aircraft flight manual, maintenance and inspection procedures have been established for the aircraft. Channel 2 believes these regulations are meant for manned operated aircrafts and not unmanned sy stems, therefore making them unnecessary . Nevertheless, we seek an exemption from any such sp ecific provisions to the extent FAA finds it necessary to grant this request. (d) The reasons why

granting Channel 2’s request would be in the public interest; that is, how it would benefit the public as a whole. Channel 2 is classified as an News organiz ation and provides news worthy images to viewers. Channel 2‘s use of a sUAS can assist in making task safer and minimize human exposure to being at dangerous elevations. Channel 2‘s sUAS usage in the aerial Commercial and News gathering cinematography wi ll also reduce the time required to captured the needed scenes as compared to convention helicopters or airplanes. Ultimately , the result is quick completion of task an reduction of dangerous elevation perspective needs. (e) The reasons why

granting the ex em

ption would not adversely affect safety , or how the exemption would provide a level of safety at least equal to that provided by the rule from which Channel 2 seeks exemption Our Engineering department will provide a level of safety that exceeds the lev el of safety required by

the FAA for its use on sUAS. The following are Channel 2‘s safety procedures, features, regulations, and operating specifications for our sUAS:

• The Pilot In Command (PIC) and Field Operations Visual Observer (FOVO) will be require d to wear hard hats, safety vests, and safety

glasses to protect the headand e ye s from potential mishaps during given operational flights including training

or testing of sUAS.

• The flight area of the sUAS will be observed for best take off and landing lo cations. Desired conditions include: flat and level surfaces clear of debris, at least 15ft from power lines and structures, and a minimum distance of 12ft from the PIC and observers.

• The sUAS will also be in the Visual Line of Sight (VLOS) to both the PI C and FOVO during all flights.

• Flights must take place during good weather conditions with no rain, low laying clouds, or heavy

winds. All flights will take place during daylight hours with no evening or late night flights.

• The PIC(s) of the sUAS will at least have 12 training hours or 24 flights accrued before being designated working flights.

• All batteries must be charged completely before each flight and each flight must end when the battery

has a 30% power level remaining.

• A visual safety

inspection will occur before each flight, testing propeller tightness, security m ount of camera/detection equipment, remote range test, and proper safety equipment is adorned to PIC and FOVO.

• The sUAS will be flown under a height of 500 ft AGL

.

• No PIC or FOVO will engage in, nor may a PIC or FOVO permit, any activity during a critical phase of flight so as to ensure that the sUAS is in a condition for safe flight operation and in a configuration appropriate for the purpose ofthe intended flight.

• If there is more than just an operator at a site during a flight, the PIC operator and observer or FOVO will maintain two

- wa y c ommunication with each other during all operations; if unable to maintain two

- wa y communications, or if any condition occurs that may

otherwise cause the operation to be unsafe, the operator will immediately

conclude the operation.

• If the communication link is lost, the sUAS will go into fail

- safe mode and safely descend to its designated home

- point location. If the communication link is reconnec ted during fail

- safe mode, control ofthe sUAS can be regained before landing occurs at the home

- point location.• There is no fuel or payload to the sUAS, therefore there will be no potential

explosives or risk of explosion if a crash occurs with the sUAS.

• The sUAS will feature a built in compass that will be recalibrated at every site to maintain accurate directional readings. The compass will also help in keeping the sUAS stable during flights.



### • The sUAS will record GPS location data once Ready to Fly status has been obtained. A minimum of 6 satellites will activate the Ready to Fly status.



### • The weight of the sUAS is less than 20 lbs.



### • The aircrafts vertical and horizontal aspect concerning hovering accuracy is less than 0.5m and 1.5m respectfully . With a maximum wind resistance of 18mph.



### • The ty

pical aircraft wheelbase will be less than 1 OOOmm in length.



### • The aircraft runs off a Li

- Po battery. (f) A summary FAA can publish in the FEDERAL REGISTER, stating: (1) The rule from which you seek the exemption; and (2) A brief description of the nature of the exemption you seek Petitioner:KPRC CHANNEL 2 News A GRAHAM MEDIA GROUP, LLC. Sections of 14 C.F.R. Affected: 21 Subpart H; 45.23(b); 61.113(a)(b); 91.103; 91.105; 91.109; 91.119(c); 91.121(a)(1)(iii); 91. 151(a)(1); 91.203; 91.405; 91.407; 91.409; and 91.417 Description of Relief Sought: Petitioner seeks relief from the requirements of 14 C.F.R. 21 Subpart H; 45.23(b); 61.113(a)(b); 91.103; 91.105; 91.109; 91.119(c); 91.121(a)(1)(iii); 91.151(a)(1); 91.203 ; 91.405; 91.407; 91.409; and 91.417 to Cinematographic filming subject to operating procedures that meet or exceed those that FAA requires. (g) Any additional information, views or arguments available to support your request Please see the introduction t o this exemption request. (h) If y ou want to exercise the privileges of your exemption outside of the United States, the reason why

you need to do so The Operations described in this exemption request will be conducted wholly within the United States. Attached hereto, and submitted as a **confidential** document, is our Field Operations Manual. We respectfully submit that good cause exists so that this confidential manual does not need to be published in the Federal Register.Please do not hesitate to conta ct me via email at rgrant@kprc.com if you have any

questions