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NEW YORK 

### I LOS ANGELES

January 7, 2016
U.S. Department ofTransportation Docket Management System 1200 New Jersey Ave., SE Washington, DC 20590
Re: Exemption Request under Section 333 ofthe FAA Reform Act and Part 11 ofthe Federal Aviation Regulations
Dear Sir orMadam:
Pursuant to Section 333 ofthe FAA Modernization and Reform Act of2012 (the "Reform Act") and 14 C.F.R. Part 11 , Newscast, LLC "d/b/a Newscast Creative" ("Newscast"), an operator ofthe DJI Phantom 2, DJI Phantom 3, DJI Inspire 1, DJI Spreading Wings S900 Plus and DJI Spreading Wings S1000 Plus Unmanned Aircraft Systems ("UASs") seeks exemption from the Federal Aviation Regulations ("FARs") as described below. This petition is submitted on our own behave, without legal counsel orconsultation in accordance with the term as set forth in Section 333 ofthe FAA Modernization and Reform Act of2012("Reform Act") and 14 C.F.R. Part 11.
The exemption request will permit Newscast, LLC to operate UASs commercially for the purpose of filming and photographingproperty, people, events, and aerial photography for the motion picture, television and content creation industries for scripted closed set filming. Newscast will provide a service that is beneficial to an industry that is already using, and seeking to use, UASs for these purposes with a legal and safe option while providing relevant experience and information to the FAA and the UAS community. This will benefit the public with the controlled operation ofUASs by Newscast and increased integration into the National Airspace System (''NAS").
All operations by Newscast will strictly adhere to safety, applicable FARs, Operator's Handbook, applicable Airworthiness Directives, and all other guidelines from the FAA. Newscast will, at all times, conduct operations in a manner as to maintain the same level ofsafety as current manned aircraft operations

. Newscast will operate exclusively in controlled conditions, within visual line ofsight ("VLOS"), at low altitudes of400 feet above ground level ("AGL"), or no higher than 200 feet above the highest obstacle ("AHO") with prior Flight Safety District Office ("FSDO") approval. Any UAS in operation by Newscast will not exceed 55 lbs. weight.
At all times Newscast will have a Pilot in Command (PIC) responsible to properly train, maintain safe operations, ensure currency requirements are met, and consistently assure an open line of communication with the FAA. The PIC will, at a minimum, be a certificated commercial pilot and maintain a class 2 medical.

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### ISuite 5151 NewYork,NY 10001

### The name and address ofthe applicant are: Newscast, LLC 526 West 26th Street Suite 515 New York, New York 10001 Attn.: Jim Sulley 212-206-0055 jsulley@newscastus

.com The regulations from which the exemption is requested are as follows: 14 C.F.R. Part 21; 14 C.F.R. 91.7(a); 14 C.F.R. 91.9(b) (2); 14 C.F.R. 91.109(a) ; 14 C.F.R. 91.119; 14 C.F.R. 91.105 14 C.F.R. 91.151(a); 14 C.F.R. 91.203(a) & (b); 14 C.F.R. 91.405(a) ; 14 C.F.R. 91.407(a) (1); 14 C.F.R. 91.409(a) (2) ; 14 C.F.R. 91.417(a). 

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EXEMPTION REQUEST AND EQUIVALENT LEVEL OF SAFETY SHOWINGS UNDER APPLICABLE RULES SUBJECT TO EXEMPTION


### Due to the flight characteristics, such as the·ability to hover, vertical takeoffand landing, and the type ofoperations performed by the UASs operated by Newscast, Newscast respectfully request that where a regulation differentiates according to class that it be permitted to operate under those regulations pertaining to helicopters

.Newscast requests an exemption from the following regulations as well as any additional regulations that may technically apply to the operation ofits UASs: 14 C.F.R. Part 21, Subpart H: Airworthiness Certificates 14 CFR § 91.203(a) (1) 

### Section 91.203(a) (1) 

### requires all civil aircraft to have a certificate ofairworthiness. Part 21 , Subpart H, entitled Airworthiness Certificates, establishes the procedural requirements for the issuance ofairworthiness certificates as required by FAR§ 91.203(a) (1). 

### Given the size ofthe aircraft and the limited operating area associated with its utilization, it is unnecessary to go through the certificate ofairworthiness process under Part 21 Subpart H to achieve or exceed current safety levels.
Such an exemption meets the requirements ofan equivalent level ofsafety under Part 11 

### and Section 333 ofthe Reform Act. The Federal Aviation Act and Section 333 ofthe Reform Act both authorize the FAAto exempt aircraft from the requirement for an airworthiness certificate, upon consideration ofthe size, weight, speed, operational capability, and proximity to airports and populated areas ofthe UAS involved.

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### ISuite 515 

### INewYork, NY 10001

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### In this case, an analysis ofthese criteria demonstrates that the Newscast UASs operated without an airworthiness certificate, under the conditions proposed herein, will be at least as safe, or safer, than a conventional aircraft (fixed wing orrotorcraft) with an airworthiness certificate. The UASs will remain less than 55 lbs. GTOW. Will not carry a pilot or passenger, will not carry flammable fuel, and will operate exclusively within an area pre-disclosed and in compliance with conditions set forth herein

. Operations under this exemption will be tightly controlled and monitored by both the operator, pursuant to the conditions set forth above, and by local public safety requirements. The FAA will have advance notice ofall operations through the filings with the FSDO. Receipt ofthe prior permission ofthe land owner, or controlling authority, the size of the aircraft, the lack offlammable fuel, and the fact that the aircraft is carried to the location and not flown there all establish the equivalent level ofsafety. The UASs construction with absorbent material provides at least an equivalent level ofsafety to that ofsuch operations being conducted with conventional aircraft that would be orders ofmagnitude larger and would be carrying passengers, cargo, and flammable fuel.
14 C.F.R. § 

### 91.7(a): Civil aircraft airworthiness. 

### This regulation requires that no person may operate a civil aircraft unless it is in airworthy condition. Should the exemption be granted allowing commercial operation ofthe UASs without an airworthiness certificate, no standard will exist for airworthiness ofthe UASs. Given the size ofthe aircraft and the requirements that have presumably already been met in the approved standard operating procedures (for instance, the Maintenance & 

### Inspection Manual and Safety Checklist), an equivalent level ofsafety will be achieved by ensuring compliance with the operating manuals prior to each flight.
14 C.F.R. § 

### 91.9(b) (2): Civil Aircraft Flight Manual in the Aircraft. 

### The regulationprovides:
No person may operate a U.S. registered civil aircraft

... (2) For which an Airplane or Rotorcraft Flight Manual is not required by §21.5 of this chapter, 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. The equivalent level ofsafety will be achieved by keeping the flight manual at the ground control point where the pilot flying the UAS will have immediate access to it. The FAA has issued to others the following exemptions to this regulation: Exemption Nos. 8607, 8737, 8738, 9299, 9299A, 9565, 9565B, 10167, 10167A, 10602, 32827, and 10700.
14 C.F.R. § 

### 91.109(2) 

### This regulation provides that flight crewmembers must keep a safety belt fastened while at a crewmember station. Newscast UASs are by definition not manned and therefore maintain an equivalent level ofsafety without the use ofsafety belt since no danger is posed due to no persons being aboard the aircraft.

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### 14 C.F.R. § 

### 91.121(a) 

### This regulation requires that aircraft be operated at altitude inreference to an altimeter set to applicable barometric pressure. According to the Flight Manuals and information included with this exemption request the UASs operated by Newscast uses GPS positioning, and the T600 uses, in addition, a specialized sensor that limits the aircraft altitude to a predetermined height set by the pilot during preflight inspections

. This, in addition to all flights being conducted by VLOS, assures altitude restrictions will be maintained by the pilot. Giventhe nature ofthe flight being limited to an upper altitude limit, the limited area ofoperations, the See and Avoid procedures set forth byNewscast, and in light ofthe UASs not being operated at VFR or IFR cruising altitudes an equivalent level ofsafety will be achieved.
14 C.F.R. § 

### 91.109(a) & 

### 91.319(a) (1): Flight Instruction 

### These regulations provide that no person may operate a civil aircraft (except a manned free balloon) that is being used for flight instruction unless that aircraft has fully functioning dual controls. UASs are a remotely piloted aircraft and by design, do not have fully functional dual controls. Flight control is accomplished through the use ofa control box that communicates with the aircraft viaradio communications. Ifinstruction is accomplished through a training program, as set forth in an equivalent level ofsafety will be assured. The FAA has approved exemptions for flight training without fully functional dual controls for a number ofaircraft and for flight instruction in experimental aircraft

. See Exemption Nos

. 5778K & 

### 9862A. The equivalent level ofsafety will be achieved by the Newscast providing the training as outlined.
14 CFR § 

### 91.119: Minimum Safe Altitudes 

### Section 91.119 establishes safe altitudes for operation ofcivil aircraft. Due to the flight characteristics ofNewscast UASs (vertical takeoffand landing, and ability to hover) as well as the nature ofthe type offlights conducted by UASs and the similarity to helicopters Newscast requests to operate in accordance with section 91.119(d). The equivalent level ofsafety will be achieved given the size, weight, speed, and material with which the UASs are built. Furthermore; no flight will be taken without the permission ofthe land owner or those who control the land. Because ofthe advance notice to the landowner, all affected individuals will be notified ofthe flights. Compared to aerial photography or videography operations conducted with aircraft or rotorcraft weighing far more than the UAS and carrying flammable fuel, any risk associated with these operations will be far less than those currently allowed with conventional aircraft operating at orbelow 500 feet AGL. Indeed, the low altitude operations ofthe UAS will maintain separation between these small UAS operations and the operations ofconventional aircraft that must comply with Section 91.119, give right ofway to all manned aircraft, and adhere to Newscast See and Hearpolicy.
14 C.F.R. § 

### 91.151(a): Fuel Requirements for Flight in VFR Conditions 

### This regulation prohibits an individual from beginning "aflight in a rotorcraft 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) Atnight, to fly after that for at least 20 minutes."
Given the limitations on its proposed operations and the location ofthose proposed operations, a longer time frame for flight in daylight VFR conditions is reasonable. Newscast believes that an exemption from 14 CPR § 

### 91.151(b) is safe and within the scope ofa prior exemption. See

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### INewYork, NY 10001

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### Exemption 10673 (allowing Lockheed Martin Corporation to operate without compliance with 91.151(a)). Operating the small UAS, without 20 minutes ofreserve fuel does not engender the type ofrisks that Section 91.151(b) was meant to prevent given the size and speed at whichthe UAS operates. The fact that it carries no pilot, passenger, or cargo also enhances its safety. Additionally, limiting flights to a 20 minute reserve would greatly reduce their utility. In the unlikely event that the UAS should run out offuel, it would simply land

. Given its weight and construction material, the risks are less than contemplated by the current regulation.
Newscast believes that an equivalent level ofsafety can be achieved by maintaining 25% battery power, or 10% oftime (whichever is longer) would be more than adequate to return the UAS to**it ~**  

### planned landing zone from anywhere in its operating area. 14 C.F.R. § 

### 91.203 (a) & 

### (b): Carrying Civil Aircraft Certification and Registration


### This regulation provides as follows: (a)

. .. no person may operate a civil aircraft unless it has

.. . an appropriate and current airworthiness certificate. (b) No person may operate a civil aircraft unless the airworthiness certificate required by paragraph (a) ofthis section 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. Newscast UASs have no cockpit or cabin to place or carry certification

. As such, the exemption and any other certifying document from the FAA will be maintained with the ground station, and placed in a manner as to be clearly visible to any government official orperson authorized inthe controlled operations environment. An 

### equivalent level ofsafety will be achieved by keeping these documents at the ground control point where the pilot flying the UAS will have immediate access to them. The FAA has issued numerous exemptions to this regulation. A representative sample ofother exceptions includes ExemptionNos. 9565, 9665, 9789, 9789A, 9797, 9797A, 9816A, and 10700.
14 C.F.R. § 

### 91.405(a); 407(a)(1); 409(a)(2); 417(a): Maintenance Inspections 

### Section 91.405(a) requires that an aircraft operator or owner "shall have that aircraft inspected as prescribed in subpart E ofthis part and shall between required inspections, except as provided in paragraph (c) ofthis section, have discrepancies repaired as prescribed in part 43 ofthis chapter

.

. . . " Section 91.407 similarly makes reference to requirements in Part 43; Section 91.409(a)(2) requires an annual inspection for the issuance ofan airworthiness certificate. Section 91.417(a) requires the owner or operatorto keep records showing certain maintenance work that has been accomplished by certificated mechanics, under Part 43, or licensed pilots and records ofapproval ofthe aircraft for return to service. Maintenance onNewscast aircraft will be accomplished by the owner /operatorpursuant to the manuals, provided by Newscast, and the manufacturer. An 

### equivalent level ofsafety will be achieved because the UAS is small in size, will operate only in restricted predetermined areas and is not a complex mechanical device. As provided in the attached Maintenance Manual and the Safety Checklist, which were reviewed as

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part ofthe application, the operator ofthe UAS will ensure that it is in working orderprior to initiating flight, perform required maintenance, and keep a log ofany maintenance that is performed. Moreover, the Newscast ChiefPilot is familiar with the aircraft, has extensive experience with UAS maintenance, and has thousands ofhours ofhelicopter airframe and power plant maintenance, and is best suitedto maintainthe aircraft in an airworthy condition and to ensure an equivalent level ofsafety.
The Newscast Maintenance Manual provides for a 30 day/100 hour and Annual inspection ofthe airframe and components similar in scope to inspections onmanned aircraft. This will ensure an equivalent level ofsafety to the maintenance requirements in Part 91. In addition, between such inspections, should a mechanical issue arise, the aircraft will either return to its launch site or immediately land. 

### The Applicable Legal Standard Under Section 333
Newscast submits that grant ofthis exemption application advances the Congressional mandate in Section 333 ofthe Reform Act to accelerate the introduction ofUASs into the NAS ifit can be accomplished safely

. This law directs the Secretary ofTransportation to consider whether certain UASs may operate safely in the NAS before completion ofthe rulemaking required under Section 332 ofthe Reform Act. In making this determination, the Secretary is required to determine which types ofUASs do not create a hazard to users ofthe NAS, the public, or pose a threat to national security in light ofthe following:

• The UAS's size, weight, speed, and operational capability; • Operation ofthe UAS in close proximity to airports and populated areas; and • Operation ofthe UAS within visual line ofsight ofthe operator. Reform Act§ 333(a)(1). Ifthe Secretary determines that such vehicles "may operate safely in the national airspace system, the Secretary shall establish requirements for the safe operation ofsuch aircraft in the national airspace system." Id. §333(c) (emphasis added).1 The Federal Aviation Act expressly grants the FAA the authority to issue exemptions. This statutory authority, by its terms, includes exempting civil aircraft, as the term is defined under §40101 ofthe Act, from the requirement that all civil aircraft must have current airworthiness certificate and those regulations requiring commercial pilots to operate aircraft in commercial service: The Administrator may grant an exemption from a requirement ofa regulation prescribed under subsection (a) or (b) ofthis section or any ofsections 4470244716 ofthis title ifthe Administrator finds the exemption is in the public interest. The grant ofthe requested exemption is in the public interest based on the clear direction in Section 333 ofthe Reform Act; the additional authority in the Federal Aviation Act, as amended; the strong equivalent level ofsafety surrounding the proposed operations; and the significant public benefit, including enhanced safety and cost savings associated with use ofUASs for aerial videography/photography, the reduction or elimination ofunregulated operators, and the safe integration ofUASs. Accordingly, the applicant respectfully requests that the FAA grant the requested exemption without delay.

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Airworthiness
Grant ofthe exemption to Newscast will be subject to the following mandatory airworthiness conditions:

• The UAS will never exceed a gross takeoffweight (GTOW) of55 lbs., or in excess of

the Operator Handbook/Manufacturer recommendations, whichever is more restrictive. • The Manufacturer checklist and Newscastpreflight checklist will be followed

prior to each flight. • The aircraft registration number will be displayed on the aircraft in accordance with

current regulations. • The POH, registration, copy ofexemption, checklist, and copy ofmaintenance records

will be mandatory documents for operation and must be located with or in the base station and accessible to the PIC at all times. • Any FAA or manufacturer required placards are placed and clearly visible on the base

station or controlling device. • All equipment installed on the UAS will be operational for flight. • PIC will be the determining authority on the airworthiness ofthe UAS prior, during, and

after each flight, and will cease operations upon deeming the UAS not airworthy until proper maintenance or action has been taken. • In adherence to 14 C

.F.R. §43

.9 each person who maintains, performs preventative

maintenance, rebuilds, or alters the UAS, airframe, motor, propeller, appliance, or component part will make an entry in the maintenance record ofthat equipment containing the following information: o Description ofwork performed

. o Date ofcompletion ofwork performed

. o Name ofthe person performing the work. o Signature ofthe person pe,rforming the work. • In addition to the information above, the following will be included on any maintenance

records for record keeping and reporting to the FAA upon request: o Aircraft total time. o Time in service ofpart by method ofTime Since New (TSN) or Time Since

Overhaul (TSO)

. o Manufacturer, model, serial and/or part number when available. • Any maintenance action that may affect flight characteristics or airworthiness will have

a maintenance operational check and test flight performed by a pilotholding at minimum a private pilot certificate and an appropriate entry made in the UAS records. Mandatory Operating Conditions
Grant ofthe exemption to Newscast will be subject to the following mandatory operating conditions:

• Operations occurring within Class B airspace require coordination and approval from the

FAA Flight Standards District Office havingjurisdiction, and upon request with Air Traffic Control one hour prior to operations commencing (14 CFR §91.215(d)(3)). Communication commencing operations, during operations, and termination ofoperations by use and constant monitoring ofappropriate tower frequency by ground radio

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• Operations within Class B 30NM Mode C Veil require at minimum 48 hour prior

notification ofthe FAA Flight Standards District Office havingjurisdiction. Notification and communication with AirTraffic Control upon commencing operations, during operations, and termination ofoperations by use and constant monitoring ofappropriate tower frequency by ground radio (14 CFR §91.215(3)). • Operations within Class C, or D airspace require notification at minimum 24

hour prior notification ofthe FAA Flight Standards District Office having jurisdiction, and upon request with Air Traffic Control one hour prior to operations commencing (14 CFR §91.215(d)(3)). Communication commencing operations, during operations, and termination ofoperations by use and constant monitoring ofappropriate tower frequency by ground radio. • Operations within 2.5 NM radius ofairport runway centerline within class E, or

G airspace require at a minimum 24 hour prior notification ofthe FAA Flight Standards District Office havingjurisdiction, at a minimum 24 hour prior notification ofthe Airport Manager or Controlling Agency, notification and communication with any control tower, or on CTAF frequency, upon commencing operations, during operations, and termination ofoperations by use and constant monitoring ofappropriate frequency by ground radio. • Operations within class E or G airspace not within 2.5 NM ofairport runway

centerline requires constant monitoring ofapplicable CTAF or 123.025 (helicopter air to air) and reporting upon commencing operations, during operations, and termination ofoperations by ground radio. • No operations are to be conducted within 2.5 NM inline with runway centerline azimuth

and on the approach end ofa runway that is actively in use. • All operations are required to remain at, or below, 400 feet AGL unless prior

approval is received from the FAA Flight Standards District Office having jurisdiction, and no flight exceeding 400 feet AGL may go above 200 feet above the highest obstacle, or outside visible range, or beyond the capability ofthe UAS (whichever is lower in altitude). • Operations are to be conducted overprivate or controlled access property. • Permission from land owner/controller required before commencing any flight. • Operations to occur under Visual Flight Rules during Visual Meteorological

Conditions (VMC). • Aircraft to remain within Visual Line ofSight (VLOS). • Operations to be conducted in a controlled environment with only the

necessary persons present, any person present, not employed by Newscast, will sign a waiver acknowledging UAS operations, proper safety procedures, and a statement acknowledging risks. • Operations will be conducted with a visual observer (VO), in addition to the

UAS pilot, who will remain in VLOS with the UAS pilot, the UAS, and the area ofoperations at all times. VO will assist in maintaining a controlled environment, spotting hazards to persons or property, monitoring and communicating on appropriate ATC, CTAF, or other appropriate radio frequencies. • UAS will not be operated below 20% battery capacity, or a battery power

reserve oflessthan 10% flight time, whichever is the greater ofthe two.

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## )newscast creat1ve Operator Requirements
Newscast understands and upholds the stance that necessary precautions are required to protect aircraft already operating in the NAS, and the safety and security ofthe flight crew members, passengers as well as the public and property. For this reason Newscast will require all pilots ofthe UAS to be a certified private pilot with third class medical at a minimum. Furthermore Newscast will use an appropriately certified pilot for the type ofoperation being conducted as it would fall under 14 C.F.R. ifit were a manned aircraft.
The PIC and the Visual Observer will, at all times, be aware that UASs currently cannot adhere to the standard 11See and avoid" requirements due to the size ofthe UAS impacting the distance at which it can be identified by pilots ofmanned aircraft. Newscast maintains a zero tolerance policy for any pilot that fails to give complete right ofway, and wide berth to any aircraft that comes within 1 statute mile horizontally or 2000 feet vertically ofoperations. At all times the PIC and VO will monitor appropriate ATC, CTAF, or air to air frequency, announce actions, and adhere to requests of any manned aircraft, airspace controller, FAA representative, or law enforcement official so long as it can be performed safely and legally

. In the interest ofsafety, and the furtherance ofaviation, Newscast requires its operators to adhere to its 11See and Hear" policy. This policy requires that any aircraft that can be both observed and heard (excluding large turbine, turboprop, and other aircraft that are heard and seen but are clearly 2000 feet above the highest permitted altitude ofthe UAS) by the PIC orthe VO will require UAS operations to cease until the aircraft acknowledges the operations ofthe UAS verbally through radio communications.
The PIC will adhere to appropriate FARs as well as follow the included Newscast Training Manual. The PIC will, while the exemption is in place, log all flights conducted for Newscast, or any flight to meet the training requirements. Privacy
All flights will occur overprivate or controlled access property with the property owner's or controlling authority's prior consent and knowledge. Filming will be ofpeople who have also consented to being filmed or otherwise have agreed to be in the area where filming will take place.

In summary, applicant seeks an exemption from the FARs set forth above to allow commercial operations ofUASs conducting aerial flights as described. Approval ofthe exemption allowing commercial operations ofNewscastUASs will increase safety by permitting an operator to conduct a service safely that is already occurring without FAA knowledge, exemption, or adhering to prescribed safety guidelines. The exemption will also encourage the education ofUAS operators and the adoption ofFAA guidelines and approval for commercial UAS operations. Itbenefits the public through a higher level ofsafety ofUAS operations and a service that benefits the local public and business. It also benefits the public through a smooth and well approached integration ofUASs into the NAS, and continual communication with the FAA and the information gained.

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The UASs operated by Newscast satisfies the criteria set forth in Section 333 ofthe Reform Act-size, weight, speed, operating capabilities, operation within visual line ofsight, and national security-and showing an equivalent level ofsafety to manned aircraft flights through appropriate pilot certification and safety focused standards ofoperation, providing more than adequatejustification for the grant of the requested exemptions allowing commercial operations.

Jim Sulley President Newscast, LLC.

526West 26th Street 

### ISuite 5151 NewYork, NY 10001