### September 17, 2015

Exemption No. 12917 Regulatory Docket No. FAA

−20 15

−2347

Mr. Larry Delia President and General Manager VideoIndiana, Inc. 1000 North Meridian Street Indianapolis, IN 46204

Dear Mr. Delia : This letter is to inform you that we have granted your request for exemption. It transmits our decision, explains its basis, and gives you the conditions and limitations of the exemption, including the date it ends. By letter dated May 20, 2015 , you petitioned the Federal Aviation Administration (FAA) on behalf of VideoIndiana, Inc. (hereinafter petitioner or operator) for an exemption . The petitioner requested to operate an unmanned aircraft system (UAS) to conduct aerial photography and videography for television

. See Appendix A for the petition submitted to the FAA des cribing the proposed operations and the regulations that the petitioner seeks an exemption

. The FAA has determined that good cause exists for not publishing a summary of the petition in the Federal Register because the requested exemption would not set a precedent, and any delay in acting on this petition would be detrimental to the petitioner

. Airworthiness Certification
The UAS proposed by the petitioner is a DJI Inspire 1

. The petitioner requested relief from 14 CFR part 21, Certification procedures for products and parts, Subpart H

— Airworthiness Certificates

. In accordance with the statutory criteria provided in Section 333 of Public Law 112

−95 in reference to 49 U

. S

. C

. § 44704, and in

### 2

consideration of the size, weight, speed, and limited operating area associated with the aircraft and its operation, the Secretary of Transportation has determined that this aircraft meets the conditions of Section 333. Therefore, the FAA finds that the requested relief from 14 CFR part 21 , Certification procedures fo r products and parts, Subpart H

— Airworthiness Certificates , and any associated noise certification and testing requirements of part 36, is not necessary.
The Basis for Our Decision
You have requested to use a UAS for aerial data collection 1



### . The FAA has issued grants of exemption in circumstances similar in all material respects to those presented in your petition. In Grants of Exemption No s
. 11062 to Astraeus Aerial (see Docket No. FAA−2014−0352), 11109 to Clayco, Inc. (see Docket No. FAA

−20 14

−0507), 11112 to VDOS Global, LLC (see Docket No. FAA−2014−0382), and 11213 to Aeryon Lab s , Inc. (see Docket No. FAA−2014−0642), the FAA found that the enhanced safety achieved using an unmanned aircraft (UA) with the specifications described by the petitioner and carrying no passengers or crew, rather than a manned aircraft of significantly greater proportions, carrying crew in addition to flammable fuel, gives the FAA good cause to find that the UAS operation enabled by this exemption is in the public interest. Having reviewed your reasons for requesting an exemption, I find that

—

 They are similar in all material respects to relief previously requested in Grant of Exemption Nos. 11062, 11109, 11112, and 11213 ;

 The reasons stated by the FAA for granting Exemption Nos. 11062, 11109, 11112, and 11213 also apply to the situation you present; and

 A grant of exemption is in the public interest.
Our Decision In consideration of the foregoing, I find that a grant of exemption is in the public interest. Therefore, pursuant to the authority contained in 49 U.S.C. 106(f), 40113, and 44701, delegated to me by the Administrator, VideoIndiana, Inc. is granted an exemption from 14 CFR §§ 61.23(a) and (c), 61.101(e)(4 ) and (5), 61.113(a), 61.315(a) , 91.7(a), 91.119(c), 91.121, 91.151(a)(1), 91.405(a), 91.407(a)(1), 91.409(a)(1) and (2), and 91.417(a) and (b), to the extent necessary to allow the petitioner to operate a UAS to perform aerial data collection. This exemption is subject to the conditions and limitations listed below.

1 

### Aerial data collection includes any remote sensing and measuring by an instrument(s) aboard the UA. Examples include imagery (photography, video, infrared, etc.), electronic measurement (precision surveying, RF analysis, etc.), chemical measurement (particulate measurement, etc.), or any other gathering of data by instruments aboard the UA.

### 3

Conditions and Limitations

In this grant of exemption, VideoIndiana, Inc. is hereafter referred to as the operator. Failure to comply with any of the conditions and limitations of this grant of exemption will be grounds for the immediate suspension or rescission of this exemption.

1. Operations authorized by this grant of exemption are limited to the DJI Inspire 1 when weighing less than 5 5 pounds including payload. Proposed operations of any other aircraft will require a new petition or a petition to amend this exemption

. 2. Operations for the purpose of closed

- set motion picture and television filming are not permitted.

3. The UA may not be operated at a speed exceeding 87 knots (100 miles per hour). The exemption holder may use either groundspeed or calibrated airspeed to determine compliance with the 87 knot speed restriction. In no case will the UA be operated at airspeeds greater than the maximum UA operating airspeed recommended by the aircraft manufacturer.

4. The UA must be operated at an altitude of no more than 400 feet above ground level (AGL). Altitude must be reported in feet AGL.
5. The UA must 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 airman medical certificate or U.S. driver’s license.

6. All operations must utilize a visual observer (VO). The UA must be operated within the visual line of sight (VLOS) of the PIC and VO at all times. The VO may be used to satisfy the VLOS requirement as long as the PIC always maintains VLOS capability. The VO and PIC must be able to communicate verbally at all times ; electronic messaging or texting is not permitted during flight operations. The PIC must be designated before the flight and cannot transfer his or her designation for the duration of the flight. The PIC must ensure that the VO can perform the duties required of the VO.

7. This exemption and all documents needed to operate the UAS and conduct its operations in accordance with the conditions and limitations stated in thi s grant of exemption, are hereinafter referred to as the operating documents. The operating documents must be accessible during UAS operations and made available to the Administrator upon request. If a discrepancy exists between the conditions and limitations in this exemption and the procedures outlined in the operating documents, the conditions and limitations herein take precedence and must be followed.

### 4

Otherwise, the operator must follow the procedures as outlined in its operating documents. The operator may update or revise its operating documents. It is the operator’s responsibility to track such revisions and present updated and revised documents to the Administrator or any law enforcement official upon request. The operator must also present up dated and revised documents if it petitions for extension or amendment to this grant of exemption. If the operator determines that any update or revision would affect the basis upon which the FAA granted this exemption, then the operator must petition for an amendment to its grant of exemption. The FAA’s UAS Integration Office (AFS− 80) may be contacted if questions arise regarding updates or revisions to the operating documents.

8. Any UAS that has undergone maintenance or alterations that affect the UAS op eration or flight characteristics, e.g. , replacement of a flight critical component, must undergo a functional test flight prior to conducting further operations under this exemption. Functional test flights may only be conducted by a PIC with a VO and mu st remain at least 500 feet from other people. The functional test flight must be conducted in such a manner so as to not pose an undue hazard to persons and property.

9. The operator is responsible for maintaining and inspecting the UAS to ensure that it is in a condition for safe operation.

10. Prior to each flight, the PIC must conduct a pre

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

- flight inspection must account for all potential discrepancies, e.g. , inoperable components, items, or equipment. If the inspection reveals a condition that affects the safe operation of the UAS, the aircraft is prohibited from operating until the necessary maintenance has been performed and the UAS is found to be in a condition for safe flight.

11. The operator must follow the UAS manufacturer’s maintenance, overhaul, replacement, inspection, and life limit requirements for the aircraft and aircraft components.
12. Each UAS operated under this exemption must comply with all manufacturer safety bulletins.

13. Under this grant of exemption, a PIC must hold either an airline transport, commercial, private, recreational, or sport pilot certificate. The PIC must also hold a current FAA airman medical certificate or a valid U.S. driver’s license issued by a state, the District of Columbia, Puerto Rico, a territory, a possession, or the Federal government. The PIC must also meet the flight revi ew requirements specified in 14 CFR § 61.56 in an aircraft in which the PIC is rated on his or her pilot certif icate.

14. The operator may 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

### 5

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 experience

-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. However, training operations may only be conducted during dedicated training sessions. During training, proficiency, and experience

-building flights, all persons not essential for flight operations are considered nonparticipants, and the PIC must operate the UA with appropriate distance from nonparticipants in accordance with 14 CFR § 91.119.
15. UAS operations may not be conducted during night, as defined in 14 CFR § 1.1. All operations must be conducted under visual meteorological conditions (VMC). Flights under special visual flight rules (SVFR) are not authorized.

16. The UA may not operate within 5 nautical miles of an airport reference point (ARP) as denoted in the current FAA Airport/Facility Directory (AFD) or for airports not denoted with an ARP, the center of the airport symbo l as denoted on the current FAA

-published aeronautical chart, unless a letter of agreement with that airport’s management is obtained or otherwise permitted by a COA issued to the exemption holder. The letter of agreement with the airport management must be made available to the Administrator or any law enforcement official upon request.

17. The UA may 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.

18. If the UAS loses communications or loses its GPS sign al, the UA must return to a pre
- determined location within the private or controlled

- access property.
19. The PIC must abort the flight in the event of unpredicted obstacles or emergencies.

20. The PIC is prohibited fro m beginning a flight unless (considering wind and forecast weather conditions) there is enough available power for the UA to conduct the intended operation and to operate after that for at least five minutes or with the reserve power recommended by the manufacturer if greater.

21. Air Traffic Organization (ATO) Certificate of Waiver or Authorization (COA). All operations shall be conducted in accordance with an ATO

- issued COA. The exemption holder may apply for a new or amended COA if it intends to conduct operations that cannot be conducted under the terms of the attached COA

. 22. All aircraft operated in accordance with this exemption must be identified by serial
number, registered in accordance with 14 CFR part 47, and have identification

### 6

(N−Number) markings in accordance with 14 CFR part 45, Subpart C. Markings must be as large as practicable.

23. Documents used by the operator to ensure the safe operation and flight of the UAS and any documents required under 14 CFR §§ 91.9 and 91.203 must be available to the PIC at the Ground Control Station of the UAS any time the aircraft is operating. These documents must be made available to the Administrator or any law enforcement official upon request.

24. The UA must remain clear and give way to all manned aviation operations and activities at all times.

25. The UAS may not be operated by the PIC from any moving device or vehicle.

26. All Flight operations must 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 must ensure that nonparticipating persons remain under such protection. If a situation arises where nonparticipating persons leave such protection and are within 500 feet of the UA, flight operations must cease immediately in a manner ensuring the safety of nonparticipating persons ; and b. The owner/controller of any vessels, vehicles or structures 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. The PIC, VO, operator trainees or essential persons are not considered nonparticipating persons under this exemption.

27. All operations shall be conducted over private or controlled

- access property with permission from the prop erty owner/controller or authorized representative. Permission from property owner/controller or authorized representative will be obtained for each flight to be conducted.

28. Any incident, accident, or flight operation that transgresses the lateral or vertical boundaries of the operational area as defined by the applicable COA must be reported to the FAA's UAS Integration Office (AFS− 80) within 24 hours. Accidents must be reported to the National Transportation Safety Board (NTSB) per instructions contained on the NTSB Web site: www.ntsb.gov

. If this exemption permits operations for the purpose of closed

- set motion picture and television filming and production, the following additional conditions and limitations apply.

### 7

29. The operator must have a motion picture and television operations manual (MPTOM) as documented in this grant of exemption.

30. At least 3 days before aerial filming, the operator of the UAS affected by this exemption must submit a written Plan of Activities to the local Flight Standards District Office (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 must include at least the following:
a. Dates and times for all flights; b. Name and phone number of the operator for the UAS aerial filming conducted under this grant of exemption;
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 aerial filming; f. A statement that the operator has obtained permission from property owners and/or local officials to conduct the filming production event; the list of those who gave permission must 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.

31. Flight operations may be conducted closer than 500 feet from participating persons consenting to be involved and necessary for the filming production, as specified in the exemption holder’s MPTOM. Unless otherwise specified in this grant of exemption, the UAS, the UAS PIC, and the UAS operations must comply with all applicable parts of 14 CFR including, but not limited to, parts 45, 47, 61, and 91.

### 8

This exemption terminates on September 30, 2017 , unless sooner superseded or rescinded. Sincerely, /s/ John S. Duncan Director, Flight Standards Service

EnclosuresMay 20,2015
U.S

. Department of Transportation Docket Management System 1200 New Jersey Ave. SE Washington, DC 20590 FAA sUAS Exemption Request

Re: Exemption Request Section 333 of the FAA Reform Act

Dear Sir or Madam:

Pursuant to Section 333 of the FAA Modernization and Reform Act of 2012 (the Reform Act) and 14 C.F.R. Part 11, Videolndiana, Inc., doing business as and publicly branded as WTHR TV, operator of Small Unmanned Aircraft Systems equipped to conduct aerial video recording and live photography for television, hereby applies for an exemption from the listed Federal Aviation Regulations {"FARs ") to allow commercial operation of its sUAS, so long as such operations are conducted within and under the conditions outlined herein or as may be established by the FAA as required by Section 333.1.

As described more fully below, the requ este d exempt ion would p e rmit th e operation of
sma ll, unmann ed and r e lativ e ly inexpensive s UAS under co ntrolled condition in airspace that is 1) limited, 2) predetermined, 3) controlled as to access, and 4) would provide sa f ety e nh anceme nt s to the a lre ady sa f e operations in the t e levi s ion industry pre sen tly u s ing conve ntional aircraft. Approval of this exemption would thereby enhance safety and fulfill the Secretary of Transportat ion' s (the FAA Administrator's) re spo n s ibiliti es to "

... establish requirem e nts for the sa f ety operation of such aircraft systems in the national airspace system" Section 333 (c) of the Reform Act."

The name and address of the applicant i s: Videolndiana, Inc. Larry Delia President & General Manager 1000 N

. Meridi a n St. Indianapolis , IN 46204 (317) 636

- 1313 ld e lia@wthr. co m

The conditions proposed by the app li ca nt a r e drawn from order 8900.1CHG 0, Volume 3, ChapterS -Issue a Certification ofWaiverfor Motion Picture and Television Filming.

This exempt ion application is expressly submi tted to fulfill Congress' goal in passing Section 333(a) through (c) of the Reform Act. Thi s l aw directs the Secretary of Tra n sporta ti o n to co n side r whether certain unmanned aircraft sys tems may operate safe ly in th e national a irspace system (NAS) before completion of the rulemaking required under Section 332 of the Reform A c t. In making thisdetermination th e Secretary is re quired to determine w h ic h types of UASs do not c reate 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 s ize, weight, speed and operational capability: -O pera tion ofthe UAS in close proximity to Airport, Po we r Plants , Fu e l D e pots and populated areas; and Op era tion of the UAS within v isual line of sight of the operator.

Reform Ac t * 333 (a) lastly , if the Secretary determines that such ve hicles "ma y operate sa f ety in the national airspace system, the Secretary shall establish r eq uirements for th e safe operation of such aircraft in the national airspace system." I d.* 333 (c)(emphasis added) 2.

The Federal Aviation Act expressly grants the FAA the authority to issue exemptions. Thi s s

tatutory authority by its terms includes exempting civil aircraft, as the term is defined under *401 01 of the Act, which includes sUAS , from th e requirement that all civil aircraft must have a current airworthiness certificate.
Applicant interprets thi s pro v ision to place the duty on the Administrator to not only process applications for exemptions under section 333, but for the Administrator to craft conditions for the safe operation of th e UAS, if it should be determined that the conditions set forth herein do not fulfill the statutory requirements for approval.

The Administrator may grant an exemption from a requirement of a regulation prescribed under
s u bsect io n (a) or (b) of thi s section or a n y section s 44702 -4 471 6 of thi s t it le if the Administrator finds th e exe mp t ion in th e pub li c inte res t. 49 U .S.C. * 44701(f) See a l so 49 U SC *44704 ; 14 C FR *91.203{a ) (1).

Vi deolndi ana, Inc .'s s UAS are multi rotor craft , weighing 55 o r fewe r lb s. in clud in g payload. Th ey opera t e , under normal condi t io ns , a t a speed of no more th a n 50 mph and h ave the capab i li ty t o h ove r a n d move in th e ve r t i ca l a nd h o ri zo nta l plane s imul taneo u s ly. They will operate only in lin e of s i ght
a n d w ill operate only w ithin th e s t e ril e a rea desc ribe d in the Videolndiana, In c

. , Ge nera l Operation M anua l (hereinafter "GOM" ). Such o p e ratio n s will in s ure th at the s UAS wi ll "not create a h aza rd to
users of th e national a ir space system or the public."

G i ve n the s m a ll s i ze of th e s U AS in vo lv ed and the restri cte d ste ril e envi ronme nt within w hi c h th ey will operate, th e app li ca nt falls sq u a re ly w ithin th at zo n e of sa f e ty (an eq ui va l e nt leve l of sa fety) in which Congress envisioned th at th e FAA must , by exemp ti o n , a ll ow co mm e rcia l operations of UAS s to co mmence immediately. Also due to th e s i ze of the UASs a nd th e rest rict ed a r eas in which th e rele va nt sUAS will operate, approval of th e app li ca tion presents n o n ation a l sec urity issue. Given the clear direction in Section 333 of the Reform Act, th e aut h o rit y co nt ained in the F ede ra l Aviation Act as ame nd ed, th e s tro ng equivalent le ve l of safety surrounding the propo se d ope r at i o n s a nd the
s i g nifi ca nt public benefit, including en han ced sa f ety, reducti o n in e n v ironm enta l imp act s, in c lu d ing
re du ced e mi ssio n s assoc i a t e d with a llowing UA Ss f o r movie a nd t e le v i s i o n operat ion s, th e g r a n t of th e req u ested exe mpti o n s i s in th e public int e r es t. Acco rdin g ly, th e applicant respectfully req u es t s that t h e FAA gran t the re quested exe mpti o n without delay.

AIRCRAFT AND EQUIVALENT LEVELOFSAFETY
T he appl i cant proposes that the exemption req u es ted herein app ly t o civil airc r aft that have the cha racter i st ics and that ope rate wit h the l imitati ons li sted h e re in. Th ese li mi t at ion s provide for at le ast
an eq uivalent o r eve n high e r l evel of safe ty to ope rat i ons und e r the current reg ul atory st ru ctur e because the proposed ope r at i ons r epresen t a safety enhancement to the already safe mo v ie and televi s ion f i l m in g opera ti o n s co ndu ct e d w i th conven t iona l a irc r aft.These limitations and conditions to which Videolndiana, Inc. agrees to be bound when conducting commercial operations under an FAA issued exemption include:
The Videolndiana, Inc

. , GOM is a comprehensive outline of all flight operations and procedures. A reference copy will be kept with the sUAS operator at all times the sUAS is in operation

. An Aircraft Operating Manual covering the DJI Inspire I or any other aircraft which will be operated by Videolndiana , Inc. will also be kept with the sUAS operator at all times the sUAS is in operation.

Reform Act Section 333(b)



### 1. The sUAS will weigh less than 551bs. 2. Flights will be operated within line of sight of a pilot and/or observer. 3. Maximum total flight time for each operational flight will be 30 minutes. 4. Flights will be operated at an altitude of no more than 400 feet AGL or not more than 

### 200 feet above an elevated platform from which video recording is planned. 5. Minimum crew for each operation will consist of the sUAS pilot with a visual observer. 6. sUAS pilot will operate under the guidance and oversight of an FAA licensed airman with at least
a private pilot certificate and a third class medical (if deemed necessary). 7. sUAS pilot will be Pilot in Command (PIC). If a pilot certificate holder other than the sUAS pilot who possess the necessary PIC qualifications is also present on set (i.e. the Aerial Coordinator) that person can also be designated as PIC. 8. The UAS will only operate within a confined "Area of Operation" as defined in the GOM

. 9

. A briefing will be conducted in regards to planed sUAS operations prior to each day's production activities. It will be mandatory that all personnel that will be performing duties within the boundaries of the area of operations be present for this briefing. 10. The operator will file a FAA form 7711-1 or its equivalent as modified in light of the requested exemption with the appropriate Flight St a ndards District Office (FSDO). 

### 11. The operator will obtain the consent of all persons involved in the video recording and e nsure that only consenting pers on s will be allow ed within 

### 100 f ee t of the flight opera tion and this radius may be reduced to 30 feet based upon an equivalent level of sa fety a s described in th e GOM. With the advance permission of the relevant FSDO operations at closer range can b e approved

. 

### 12. The operator will submit a written Plan of Activities to the FSDO three days before the propo s ed shoot as required in the GOM. 13. All Videolndiana, Inc

. , crews will be trained in operations of UAS generally and will receive up -to

- date information on the particular UAS to be operated as required in the GOM

. 14. Observer and Pilot w i ll at all times be able to communicate by voice

. 

### 15. Written and/or oral permission from the relevant property holders will be obtain e d. 

### 16. All required permissions and permits will be obtained from territorial, state , county or city jurisdictions, including local law enforcement , fire or other appropriate governmental agencies. 17

. lfthe sUAS loses communications or lo ses its GPS signal, the UAS will have capability to return to a predetermin e d location within the s ecurity perim e ter and land. 

### 18. The sUAS will have the capability to abort a flight in case of unpredict e d ob s tacle s or emergencies.14C.F.R. Part21, Subpart H: Airworthiness Certificates 14 C.F.R. *91.203 (a) (1) Subpart H, entitled Airworthiness Certificates, establishes the procedural requirements for the issuance of airworthiness certificates as required by FAR* 91.203 (a) (1). Given the size and limited operating area associated with the aircraft to be utilized by the applicant, an exemption from Part 21 Subpart H meets the requirements of an equivalent level of safety under Part 11 and Section 333 of the Reform Act. The Federal Aviation Act (49 U.S.C. *44701 (f)) and Section 333 of the Reform Act both authorize the FAA to exempt aircraft from the requirement for an airworthiness certificate, upon consideration of the size, weight, speed, operational capability and proximity to airports, power plants, fuel depots and populated areas of the particular UAS. In the restricted environment and under the conditions proposed will be at least as safe as or safer than a conventional aircraft (fixed wing or rotorcraft) operating with an airworthiness certificate without the restrictions and conditions proposed.

The sUAS to be operated hereunder is less than 551bs. 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 General Operating Manual. Unlike other civil aircraft operations under this exemption will be tightly controlled and monitored by both the operator pursuant to the manual's requirements as well as under the requirements and in compliance with bcal public safety requirements, to provide security for the area of operation as is now done with conventional video recording. The FAA will have advance notice of all operations. These safety enhancements, which already applies to civil aircraft operated in connection with motion picture and televi s ion production, provide a greater degree of safety to the public and property owners than conventional operations conducted with a irworthiness 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 n at ion a l secu rity posed by the UAS, due to its size, speed and operation, location of operation, lack of explosive material s or flamm ab le liquid fuels and inability to carry a substantial external load.

14C

. F.R. *45.23 (b). Marking of theAircraft

The regulation requires:

When marks include only the Roman capital letter "N" and the registration number is displayed on limited res trict ed or light-sport ca tegory aircraft or provisionally certificated aircraft, the operator must also display on that aircraft n ea r each entrance to the cabin, cockpit or pilot stat ion in lett e rs not les s than 2 inches nor more than 6 inch es high , the words "limit ed", "restricted", "light-sport", "experimental" or "provisional" as applicable.

Even though the UAS will have no airworthiness certificate, a n exe mption may be needed as th e UAS will have no entrance to the cabin, cockpit or pilot station on which the word "experimental" can be placed. Given the size of the s UAS , tw o inch l ett e ring will be impossible

. The word "Experimental" will be placed on the fuselage in co mpliance with * 45.29 (f).

The equivalent le ve l of safety will be provided by having the s UAS marked on it s fuselage as required by *45.29 (f) where th e pilot, observer and others working with the sUAS will see th e id en tifi ca tion of the UAS as "Experimental". Th e FAA has is s u ed the following exemptions to this Exemptions Nos.10700,8738 , 10167and 10167A.14 C.F

. R. *61.113 (a) & (b): Private Pilot Privileges and limitations: Pilot in Command.
Sections 61

. 113 (a) & (b) limit private pilots to non-commercial operations. Because the UAS does not carry a pilot or passengers, the proposed operations can achieve the equivalent level of safety of current operations by requiring the PIC operating the aircraft to operate und e r the supervision of a private pilot's license holder rather than a commercial pilot's license holder

. Unlike
a conventional aircraft that carries the pilot and passengers, the sUAS is remotely controlled with
no living thing on board. Thearea of operation is controlled and restricted, the flights are planned and coordinated in advance as set forth in the GOM. The level of safety provided by the requirements included in the GOM exceeds thatprovided by a single individual holding a commercial pilot's certificate operating a conventional aircraft. Th e risks associated with the operation of the sUAS are so diminished from the level of risk associated with commercial operations contemplated by Part 61 when drafted that allowing operations of the sUASas requested with a private pilot in a supervisory role aiding the PIC exceeds the present level of safety achieved by 14 C.F

. R. *61.113 (a) &(b).

14 C

. F.R. *91.7(a): Civil aircraftairworthiness.

The reg ulation requires that no person may operate a civil aircraft unless it is in airworthy condition. As there will be no airworthiness certificate issued for the aircraft, should this exemption be granted, no FAA regulatory standard will exist for determining airworthiness. Given the size of the aircraft and the requirements contained in the General Operating Manual for maintenance as well as use of safety check lists prior to each fli ght, an eq uiv a l ent l eve l of safety will be provided.

14 C

. F

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

. Section 91.9 (b) (2) provides:

No pe rso n may operate a U.S

. -registered civil aircraft

... (2) For which a n Airplane or Rotorcraft Flight M a nu a l i s not required by *21.5 of this chapter, unless there is available in the a irc raft a cu rre nt app rov ed airplane or rotorcraft flight manual, approved manual material, m a rking a nd placard or any combination thereof.

Th e s UAS given its size and config uration has no ability or place to ca rry suc h a fli gh t manual
on the aircraft, not only because there i s no pilot on board but because there is no room or capac ity to carry such an item on the aircraft. The eq uiva lent level of safety will be maintained by keeping the flight manual at the ground cont rol point where the pilot fl y ing th e sUAS will have imm edia t e access to it. The FAA ha s issued the follo wing exemptions to this regulation : Exemption No s. 8607, 8 7 38, 9299, 9299A, 9565, 9565 8 , 10167 , 101 67A, 10 602, 32827 and 10700

.

14C.F.R. * 91.103: Prefight action

Thi s regu lation r eq uires each p ilot in command to take certain actions before flight to in s ure the safe ty of the flight. As FAA approved rotor craft flight manual s will not be provided for th e aircraft
an exemption will be needed. An equ iva lent l evel of safety will be prov i ded as set f orth in the A ircraft Operation Manual (AOM) fo r each UA S. The PIC w i l l t a ke all actions as described in th e GOM and AOM.14C.F.R. *91.109: Flight instructions:
Section 

### 91.103 provides that no person may operate a civil aircraft (except a manned free balloon) that is been used for flight instruction unless that aircraft ha s fully functioning dual controls.

sUAS and remotely piloted aircraft, by their design do not have fully functional controls. Flight control is accomplished through th e use of a control box that communicates with th e aircraft via radio communications. The FAA has approved exemptions for flight training without fully functional dual controls for a number of aircraft and for flight instruction in experimental aircraft. See exemption nos. 5778K & 9862A. The equivalent level of safety is provided by the fact that neither a pilot nor passenger will be carried in the aircraft and by the size and speed ofthe aircraft.

14C.F.R. *91.119: Minimum safe altitudes
Section 

### 91.119 establishes safe altitudes for operation for civil aircraft. Section 

### 91

. 119 (d) allows helicopters to be operated at less than the minimums prescribed, prov ided th e person operating the heli copter complies with any route or altitudes prescribed for helicopters by the FAA

. As this exemption is for sUAS that is a helicopter and the exemption requests authority to operate at altitudes up to 

### 400 feet Above Ground Level (AGL) or not more than 

### 200 feet above an elevated platform from which video recording is planned, an exemption may be needed to allow such operations. As set forth herein, except for th e limited conditions stated in the General Operating Manual, the UAS will never operate at higher than 

### 400 feet AG L. 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 notification and consent when required

. Th e equivalent level of sa f ety will be achieved given the size, weight, speed of the UA S as well as the location where it i s operated. N o flight will be taken without the permission of the property owner or lo cal officials. Because of the advance noti ce to the property owner and participants in the video recording activity, all affected individu a l s will be aware of the planned fight operation as set forth in th e GOM. Compared to fight operations with a ircraft or rotorc raft weighting far more than th e maximum 55 lbs

. proposed herein and the la ck of flammable fu el, any risk assoc i ated with th ese operations i s far le ss than those presentl y presented with conventional aircraft operating at or below 

### 500 AGL in the movie industry. In addition, the low -a ltitud e ope ration s of the sUAS will ens ure sepa ra ti on between these s m a ii-UA S operations a n d the operat ion s of convent i o n a l a ircraft that must comp l y with Sec tion 

### 91.119.

14C.F.R. *91.121AitimeterSettings

Thi s regulation requir es each person operating an a irc raft to maintain cruising a ltitud e by
refe rence to an alti m eter that is set "

... t o th e e l eva tion of the departure a irport or an app ropriat e altimeter sett ing available before departure." As the s UAS m ay not h ave a barometric altimeter but in stead
a GPS a ltitud e read out , an exempt ion may be needed. An eq uiv a l ent l eve l of safety will be theoperator, pursuant to the General Operating Manual and Safety check li st, confirming the altit u de of the launch s it e s hown on the GPS altit u de indic ator b e fore f ight.14 C.F

. R. *91.151(a): Fuel Requirements for Flight inVFR Conditions
Section 91.151 (a) prohibits an individual from beginning "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 assuming normal cruising speed

- (1) During th e day, to fly after that for at least 30 minutes; or (2) At night, to fly after that for at least 45 minutes.
Videolndiana, Inc. , requests relief from Section 91.151 due to the battery life that powers the sUAS. Typical aerial batteries provide approximately 40 minutes of powered flight. To meet the 30 minute reserve requirement in 14 CFR *91.151, sUAS flights would be limited to approximately 10 minutes in length. In relief of the 30-minute reserve , given the limitations on the UAS's proposed
area of predetermined operation, a longer time frame for flight might be reasonable. As per Videolndiana, Inc .'s GOM, flight times will never exceed 75% of the battery(s) consumption or 25% reserve; whichever happens first.
Applicants believes that an exemption from 14 CFR *9 1 .15 19(a) falls w ithin the scope of prior exemptions. See Exemption 10673 (allowing Lockheed Martin Corporation to operate without compliance with FAR 91.151(a)). Operating the sUAS in tightly controlled area where only people and property owners or official representatives who have signed waivers will be allowed, with l ess than 30 minutes of reserve fuel, does not engender the type of risk that Section 91.151 (a) was intended to alleviate given the size and speed of th e sma ll UAS

. Additionally, limiting sUAS flights to 10 minutes would greatly reduce th e utility for which the exemption wi ll be granted. Applicant believe th at an equivalent leve l of safety can be achieved by limiting flights to 30 minutes or 25% of battery power whichever happen s first. This re s tri ction would be more than adequa t e t o return th e sUAS to its planned landing zone from anyw here in it s limited operating area.
S imil ar exemptions h ave b een g r anted to othe r operations, including Exemption 2689 F , 5745, 10673 and 10808

. 14C.F.R

. *91.203 (a) 

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

The regulation provides in pertinent part:
(a) Excep t as provided in * 91. 715, no p e r so n may ope r at e a c i v il aircraft unl ess it has within it the f o llowing : (1) An appropr iate and cu rrent ai rworth iness cer tifi cate

... (a) N o person m a y operate a c iv il a irc raft unl ess the a irworth ine ss cert ifi cate r eq uired by pa ragrap h (a) of this section or a spec ial flight a uthori za tion i ss u ed und e r *9 1. 715 i s disp l ayed at t h e cab in o r cockpit en tr ance so th at it i s l eg ibl e to passengers or crew.The UAS fully loaded weighs no more than 55 lbs. and is operated without an on board pilot. As
s uch , there i s n o ability o r pla ce to carry certification and registration do c uments o r t o di sp lay th e m on th e sUAS

. Each s UAS operated by V ideolndi a na , Inc ., will be re g istered w ith the FAA and a ll documentation carried b y th e PIC.

A n equivalent l eve l of safe ty will be achieved by keeping these documents at the ground co ntrol point where th e pilot fly i ng th e sUAS wi ll have immediate access t o them , to th e extent the y are applicable to the sUAS. The FAA has i ss ued numerous exemptions to this regul at ion. A repre se ntati ve sample of other exceptions include s Exemption N os. 9565, 9665, 9789, 9789A, 9816A and 10700

. 14C

. F

. R. *91.405(a); 404(a) (1);409(a) (2); 417(a) 

### & (b) : Maintenance Inspections
These regulations require that an a irc raft operator or owner "shall have that aircraft inspected
as prescribed in subpart E of this part and shall between re quired inspections, except as pro v id ed in paragraph( c) of this section , have di sc repancies rep a ired as prescribed in part 43 of this chapter

... " and others sha ll inspect o r maintain the aircraft in compliance w ith Part 43.

Gi ven that these sections and Part 43 appl y onl y to aircraft with airworthiness certificate, these sections will not apply to the applicant. Maintenance will be accomplished by the operator pursuant to the guidelines set forth in the maintenan ce manu a ls designed for each UAS. An equivalent level of safety wi ll be achieved bec ause th ese s m a ll U ASs are very limited in size and will
ca rry a sma ll pay load as we ll as operate only in re st ricte d a reas for limit ed pe ri ods of tim e. I f mechanical i ss u es arise the UAS can l a nd immediately and will be operating from n o high e r th a n 400 f ee t AGL. As provided in the GOM, the operator will e n s ure that th e UAS i s in working order pri o r to initi at ing flight , perform required m a inten a n ce a nd ke ep a lo g of any m a intenance performed. Moreover, the operator i s th e person mos t fa m i li a r with the a ircra ft and best s uited to m a int ain the
a irc r aft in an airwo rth y condition t o provide th e eq ui va l en t le vel o f safet y.

Purs u an t t o 14 C.F. R P a rt 11 , th e f o llowing s ummary i s provided f or publication inthe Federal Reg i st e r , s h o uld it be determined th a t publication is need ed:

Videolndiana , In c

. seeks an exe mp t ion f r om the follo w in g rule s:
14 C.F.R. *21 s ub part H; 14 C.F.R. 45 .23(b); 14 C

. F .R. *6 1

. 113( a ) & (b); 91 .7( a); 91.9(b) ( 2); 9 1.10 3( b) ; 91.109; 91.119; 9 1 .12 1 ; 9 1

. 1 51 (a); 9 1.20 3(a) & (b); 9 1.40 5(a); 91.407(a) ( 1) ; 9 1.4 09 (a) (2); a nd 9 1.417( a) 

### & (b) to operate commercia ll y a small unm a nn ed veh i cle (55 lb s. or l ess) in video r eco rdin g and television operations.
Approval of exemptions a llowin g co mm erc ia l ope ra tion s of s U AS in th e vid eo reco rdin g and
crea ti on indu s try w ill enhance safe t y b y red ucing risk. Conventional video recording operations u s in g j et
or p i ston powe r a irc raft, operate at extreme l y l ow a ltitud es just feet from th e s ubj ect be in g re corded and in extreme p roxim ity t o people and s tru ctures a nd present th e ri s ks assoc i at e d w ith ve hi c l es th at
we i gh a pproximately 4000 lb s

. a nd ca rry l a rge amo unt s ofj et A or other fuel (1 40 ga llon s for j e thelicopters ,e.g.). Suc h ai rc raft mu s t f ly to a n d from the re cord lo ca t ion

. In co ntra s t , a sUAS
we i g hin g f ewe r th a n 551b s and po we red by batteries el imin ates vi rtu a ll y a ll of that r i s k give n th e
re du ced m ass a nd l ack of comb u s tibl e fu el ca rri e d on board. Th e s UA S i s ca rri ed to th e record l ocat i on a nd not flo w n

. The s U AS w ill ca rry n o passe ng e rs or c rew and th erefo re w ill not expose th e m to th e r isks assoc i ated w ith m a nn e d aircraft flight s.

Th e opera tion of sma ll UA Ss weigh in g l ess than 55 lb s., condu cted in th e s tri ct co nditions out lin ed above w ill provid e an e quiv a l e nt l eve l of safe t y supporting th e g r ant of the exempt i o n requ es t h e rein , includin g exempt in g th e app li cant from the r equirements of Part 2 1 and a ll owi ng
co mm e r c i a l operations. The se li g htwe i ght a irc raft operate at slow speeds, c l ose to th e ground and in
a s t e rile environment and as a re s ult a re far sa f e r than conve ntion al ope rati ons co nducted with turbine h e li cop t e r s operating in cl ose proximity to th e ground and peop l e.

Privacy
A ll f lights will occur ove r pri va t e o r co ntrolled access property with th e prop erty owner's prior consent a nd knowledge. Video r eco r ding w ill be of people who have also conse nted t o being
v id eo recorded o r otherwise h ave agreed to be in the area w h e re th e vid eo reco rdin g will take pl ace.
Satisfaction of the c rit er i a prov i ded in Sect ion 333 of the Reform Act of 2 012

- size, weight,
s p eed

. ope r at in g capab iliti es , prox imit y to a irports a nd pop ul a t ed a reas, as well as operat i on within v i s u al li ne of sigh t a nd nat i o n a l sec urity -prov id e mor e th a n ade qu at e ju s tificat i on for the g ra nt of the reque st ed exemptions a ll owing co mmercial opera ti o n of ap plic a nt' s UAS in the moti o n pictu re and tele v i sio n indu stry pursuant to th e M anua l a pp e nd ed he r eto.
Accordingly , V id eo l n di ana , In c. r espectfu ll y requests that t h e FAA g ra nt its exemptio n re qu es t set fo rth h e rei n

. R espectfull y.

In dianapol i s , IN 46 2 04 (317)636-1313