November 17,2015 U.S. Department ofTransportation DocketManagement System 1200NewJerseyAve., SE Washington, DC 20590 Re: Petition ofLuxNova for an Exemption Pursuantto Section 333 oftheFAA Modernization and ReformActof2012 Director: Flight Standards Service: Pursuantto Section 333 ofthe FAA Modernization and ReformAct of2012 ("ReformAct") and 14 C.F.R. Part 11, LuxNova (Nova) hereby applies for an exemption from the FederalAviation Regulations ("FARs") identified below to allow commercial operation ofsmall unmanned aerial vehicles 

### (i.e., "small unmanned aircraft" or "UAS") for the purpose ofconducting aerial closed setphotography, videography, cinematography, inspection and mapping for the motion picture, television, real estate, and web industries. This petition for exemption is made based on information outlined in this Petition for Exemption, as well as the accompanyingNova documents; 1

. PIC Flight Operations Manual and; 2

. Operations Manuals (Collectively 2 and 3 are referred to as Documents & Manuals") 3

. User Guide and; 4

. Flight Manual 1 (Collectively 3 and 4 are referred to as "Manufacturer's Manuals") Nova submits these supporting materials as confidential documents pursuantto 14 C.F.R. § 11.35(b), as the materials contain confidential commercial and/orproprietary information that Nova has not and will not share with other requesting parties. Additionally, these documents contain operating conditions and procedures that are not generally available to the public and are protected from release under the Freedom ofInformationAct, 5 U.S.C. § 552 et. seq. 

### NOTE: ALLATTACHMENTS SETFORTH IN SUPPORT OFTHIS LETTER OF PETITIONARE CONFIDENTIALAND SHALLNOT BE RELEASED TO THE PUBLIC WITHOUTWRITTENAUTHORIZATION FROM THE PETITIONER. For your convenience, this Petition is organized as follows:

1

. The term "Manufacturer's Manual" also includes all relevant manufacturer publications, including, but not limited to: operations and flight manuals, user guides, component maintenance manuals, pilot training manuals, service information letters and, safety/service bulletins.U.S Department ofTransportation November 17, 2015 Page 2 I. 

### Description ofPetitioner II. Description ofProposed Operations A. Aerial Closed Set Videography, Photography, Cinematography, Inspection and Mapping 

### III. Relevant StatutoryAuthority IV. Nova's Proposed UAS OperationsMeettheRequirements of Section 333 oftheReformAct A. Approval is Warranted Based onthe UAS's Size, Weight, Speed, and Operational Capability B. Approval is Warranted Based onthe Operational Restrictions Set Forth in the Operations Manuals 

### V. Regulations FromWhich Exemption is Requested A. 14 C.F.R. Part 21, Subpart H -Airworthiness Certificates and 14 C.F.R. 

### § 91.203(a)(l) B. 14 C.F.R. Part 27Airworthiness Standards: Normal Category Rotorcraft C. 14 C.F.R. 

### §§ 91.9(c), 45.23(b) and 45.27(a): Aircraft Marking and Identification Requirements D. 14 C.F.R. § 91.405(a), 91.407(a)(l), 91.409(a)(1) and (2); 91.417(a) and (b): Maintenance Inspections E. 14 C.F.R. Part 61, 14 C.F.R. § 61.3, 14 C.F.R. § 61.113: Private Pilot Privileges and Limitations F. 14 C.F.R. § 91.7(a): CivilAircraftAirworthiness G. 14 C.F.R. § 91.9(b)(2): CivilAircraft Flight Manual in theAircraft and 14 C.F.R. § 91.203(a) and (b): Carrying Civil Aircraft Certification and Registration H. 14 C.F.R. § 91.103: PreflightAction 

### I. 14 C.F.R. § 91.109(a): Flight Instruction 

### J. 14 C.F.R. § 91.119(c): Minimum SafeAltitudes K. 14 C.F.R. 

### § 91.121: Altimeter Settings L. 14 C.F.R. § 91.151(a): Fuel Requirements for Flight in VFR Conditions 

### Vl. Drug andAlcohol Program VII. Public Interest VIII. Privacy IX. FederalRegisterSummary X. Conclusion I. 

### DESCRIPTION OFPETITIONER Nova is based in Salt Lake City, UT and provides aerial closed set videography, photography, cinematography, inspection and mapping to their client base. The Company's Principal and

### U.S Department ofTransportation November 17,2015 Page 3 ChiefPilotJoseph Wrighthas been flying UAV Quadcopters as a hobby for more than four years without incident, spendingthousands ofhours flying. Upon the grant ofthe 333 Exemption the Company's business will continue to specialize in closed setphotography, videography, cinematography, inspection and mapping for the motion picture, television, real estate, and web industries Nova's staffare well trained and experienced in providing support as visual observers ("VO") for thepilot in command ("PIC") in addition to any otherneeded on site assistance. All ofthe equipment owned by Novais ofthe highest quality gear and has been able to provide these services safely and without any claims orincident. Nova's goal is to advise the perspective clientthatNova is following all the applicable state and federal rules to ensurethe safety ofthe publicwhile providingthe clientwith a competitive and costeffective product. Nova seeks an exemption to allow for photography, videography, cinematography, mapping and inspection and otherrelated mediaproducts. The contact information for Petitioner is as follows: Joseph Wright LuxNova 665 North 1300 West Salt Lake City, UT 84116 Phone: 801.597.3111 Email: Joseph@luxnovakino.com 

### II. DESCRIPTION OFPROPOSED OPERATION Nova seeks an exemptionpursuantto Section 333 ofthe ReformActto operatethe DJI S1 000; DJI Phantom 3; and, DJI Inspire (referred to LN-UAS) (under 55lbs) for the proposed operations discussed herein below. All UAS operations will occur undertightly controlled conditions on private property orapproved location whereNova has received verifiable permission to operate from the landowner, controller or authorized representative. The proposed UAS operations will be conducted in accordance with the conditions and limitations ofthis Petition for Exemption and Nova's Operations Manuals. As detailed in Nova's Operations Manuals, all UAS operations will be limited to daytime VFR conditions, within visual line-of-sight ("VLOS") ofthe operator, in uncontrolled airspace, and will occur at least 5 nm away from an airport reference point. Moreover, Nova's Operations Manuals incorporate redundant safeguardsto assure the aircraft does not travel outsidethe controlled area ofUAS operations, including GPS "geo-fencing" technologies. 

### A. Aerial Closed SetVideography, Photography, Cinematography, inspection and Mapping Nova seeks to use small LN-UAS for the purpose ofconducting close set aerial photography, videography, cinematography, inspection and mapping for the film, television, real estate, and web industries. Nova has purposefully tailored its operations to meetthe requirementsU.S Department ofTranspot1ation November 17,2015 Page4 established by the FAA in prior grants ofexemption authorizing commercial use ofUAS in the relevant industries, including:

• AstraeusAerial (Exemption No. II062) • Aerial MOB, LLC (Exemption No. II066) • Pictorvision, Inc. (Exemption No. II067) • HeliVideo Productions, LLC (ExemptionNo. II065) • Snaproll Media, LLC (Exemption No. 11063) • RC Pro Productions Consulting, LLC d/b/aVortexAerial (ExemptionNo. 11064) • Flying-Cam, LLC (ExemptionNo. 11080) • Aerocine, LLC (ExemptionNo. 11150) • Team 5, LLC (ExemptionNo. 11158) • Alan D. Purwin (ExemptionNo. 11161) • HelinetAviation Services, LLC (ExemptionNo. 11160) • Picture Factory, Inc. (Exemption No. 11178) • Trudeau, Realtor® (ExemptionNo. 11138) • Alon Sicherman (ExemptionNo. 11728) • SokolerMedly (ExemptionNo. 11341) All UAS photography, videography, cinematography, inspection and mapping operations will occur on private propet1y or approved location in a controlled area away from spectators and persons not involved in the recordingprocess. In addition, the filming will be conducted between dawn and dusk to ensure maximum safety for the public and those involved in the manipulation and operation ofthe UAS; VFRconditions, at altitudes below400' above ground level ("AGL"). As set forth below, Nova's operationsprovide an equivalent level ofsafety which is superiorto performingthe same work using conventional fixed-wing aircraft orhelicopters. Small UAS recording operations is also saferthan traditional manned aircraft performingthe same function. Videographer-inspectors also frequently need to climb rooftops, ladders, trees, or otherwise perform elevated work, which exposes them to the risk ofdangerous falls, electrocution or other work related injuries. In addition, depending on the nature ofthe video needed and inspection, proximityto equipment, and other mechanical hazards associated with industrial sites and construction facilities often involves a risk ofexposure to hazardous conditions. The use ofLN-UAS mitigates these hazards and is ultimately a much safer and cost efficient method ofperfonning these and most othertypes ofrecording operations. Moreover, conventional operations using rotorcraft and fixed-wing aircraft in low level operations present risks associated with vehicles weighingtens ofthousands ofpounds (including payload) and carrying large amounts offuel which inherently presents significant fire hazards as well as exposure to other chemical contaminates. It is impot1ant to note the use of small UAS in this area will not only be safer and more cost effective to the perspective user or purchaser ofthe service, but the quality and expanse ofacquired information will be far more robust given the low cost associated with its acquisition and other potential consumers an inexpensive product.

### U.S Department ofTransportation November 17, 2015 Page 5 UAS video production is more reliable, and allows for the collection, dissemination, and storage ofvisual and other sensory datawith greaterprecision and duration at a very low cost. Small UAS will also be capable ofaccessing and inspecting areas thatwould otherwise be inaccessible orhighly dangerous using conventional aircraft or other inspection methods. 

### III. RELEVANTSTATUTORYAUTHORITY This Petition for Exemption is submitted pursuantto Section 333(a) through (c) ofthe FAA Modernization and ReformAct of2012 ("ReformAct"). Congress has directed the FAA "to safely accelerate the integration ofcivil unmanned aircraft systems into the national airspace system." Pursuantto Section 333 oftheReformAct, the FAAAdministrator is to permit unmanned aircraft systems to operate in theNationalAirspace Systems ("NAS") where it is safe to do so based on the following considerations:

• The UAS's size, weight, speed and operational capability; • Operation ofthe UAS in close proximityto airports and populated areas; and • Operation ofthe UAS within the visual I ine ofsight ofthe operator. Additionally, the FAAAdministrator has general authority to grant exemptions from the agency's safety regulations and minimum standards when the Administrator decides a requested exemption is in the public interest. See 49 U.S.C. § 1 06(f) (defining the authority ofthe Administrator); 49 U.S.C. § 44701(£) (permitting exemptions from§§ 44701 (a), (b) and §§ 44702-44716, et seq.). A partyrequesting an exemption must explain the reasons why the exemption: (1) 

### would benefitthepublic as a whole, and (2) would not adversely affect safety (or how it would provide a level ofsafety at least equal to the existingrules). See 14 C.F.R. § 11.81 (petitions for exemption). 

### IV. NOVA'S PROPOSED LN-UAS OPERATIONS MEETTHE REQUIREMENTS OF SECTION333 OFTHEREFORMACT The small LN-UAS operations proposed byNova as noted above in this Petition for Exemption qualify for expedited approval pursuantto Section 333 ofthe Reform Act as each ofthe statutory criteria and relevant factors are satisfied. 

### A. Approval is Warranted Based on the UAS's Size, Weight, Speed, and Operational Capability A Grant ofExemption is appropriate for operations conducted usingthe UASs due to their size weight, speed, and operational capability.

• The LN-UAS utilized by Nova has been approved for use in prior Section 333 Grants ofExemption from the FAA. 2

2See e.g., Grant ofExemption to Shotover Camera Systems L.P. (Exemption No. 11159); Grant ofExemption to VDOS Global, LLC (Exemption No. 11112); Grant ofExemption to LowCountryRC, Corp. (Exemption No. 11184); Grant ofExemption to Alan Purwin (Exemption No. 11161 ); Grant ofExemption to HelinetAviation Services (Exemption No. 11160); Grant ofExemption to Total Safety U.S., Inc. (Exemption No. 11156)

..U.S Department ofTransportation November 17, 2015 Page 6

• The LN-UAS weighs less than 55 pounds, includingpayload

• The LN-UAS will not be flown at a ground speed in excess of50 knots. The exemptionholder may use either groundspeed or calibrated airspeed to determine compliance with the 50 knot speed restriction • Altitude information will be generated by equipment onboard the UAS as specified using GPS triangulation, digitally encoded barometric altimeter, radio altimeter, orany combination thereof. This information will betransmitted to the pilot viatelemetric data feed.

• The LN-UAS will have system redundancies and independentfunctionality to ensurethe overall safety and predictability ofthe system. Ifconnection to the remote control orground control station is lost, failsafe systems will permitthe UAS to return to a predetermined location and safely land without injury ordamage.

• Theradio frequencies used for operations and control ofthe LN-UAS comply with the Federal Communications Commission ("FCC") and other appropriate governmentoversight agency requirements. The operating frequency for the LN-UAS is 2.4 GHz frequency bands. Ifthe same operations were conducted using a helicopter, the aircraft's take-offweightwould likely exceed 6,000 pounds dependingon payload. The difference in weight between the LNUAS and a helicopter significantly reduces the potential harm to the participating and nonpatiicipating individuals and/or surrounding property in the event ofan unintended accident or incident. In addition, the risk to the onboard pilot and camera operator is eliminated. 

### B. 

### Approval is Warranted Based on the Operational Restrictions SetForth in Nova's Operations Manuals Operations Manuals and the Manufacturer's Manual for the selected LN-UAS will contain all the procedures and limitations necessaryto safely and successfully perform the operations specified in this Petition for Exemption. To assistthe FAA in making a safety assessment ofNova's proposed operations, below is a summary ofoperational limitations and conditions thatNova will adhere to, and which will ensure an equivalent or higher level ofsafety to operations conducted under currentregulatory guidelines: 1. The LN-UAS weighs less than 55 pounds, with payload

. 2. All operations shall be conducted overprivate or controlled-access property with verifiable permission from the land owner/controller or authorized representative. Permission from land owner/controller or authorized representative will be obtained for each scheduled flight priorto operation. 3. All UAS operated under the Grant ofExemption will be identified by serial number, registered in accordance with 14 CFR part 47, and have identification (N-Number) markings in accordance with 14 CFR part 45, Subpart 

### C. Markings will be as large as practicable.U.S Department ofTransportation November 17,2015 Page 7 4. Minimum crew for each flight operation will consist ofa pilot, who will be Pilot-in Command ("PIC") ofthe GUN-UAS, and one or more Visual Observers ("Observer") as necessary to safely conductthe mission. 5. PICs shall possess either a private, recreational, or sportpilot 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 ofColumbia, Puerto Rico, a territory, a possession, orthe Federal government. The PIC will also meetthe flight review requirements specified in 14 C.F.R 61.56 in an aircraft in which the PIC is rated on his or herpilot certificate. 6. The LN-UAS shall be operated within VLOS ofthe PIC and Observer at all times. The PIC mustuse human vision unaided by any device otherthan corrective lenses, as specified on the PIC's FAA-issued medical ce1iificate. 7. The PIC and Observer designated for any operation will be able to communicate verbally at all times. 8. Electronic messaging or texting will not be permitted during flight operations. 9. The additional requirements identified in the Grant ofExemption shall be added to theNova's Operations Manuals. The Operations Manuals will be maintained and made available to theAdministrator upon request. Ifa discrepancy exists betweenthe conditions and limitations in the Grant ofExemption and Nova's Operations Manuals, the conditions and limitations in the Grant ofExemption shall take precedence and must be followed. Otherwise,Nova shall follow theprocedures outlined in their Operations Manuals. 10. Novamay update or revise its Operations Manuals. Revisions will betracked and a revised copy ofthe Manual will be provided to the Administrator upon request. Nova will also present an updated and revised Operations Manuals ifit petitions for extension or amendmentto its Grant ofExemption. lfan update or revision would affect the basis upon which the FAA grants the exemption, Novawill seek an amendment to its Grant ofExemption. Nova will contactthe FAA's UAS Integration Office (AFS-80) ifquestions arise regarding updates or revisions to the operating documents. 11. Nova Operations Manuals and its Grant ofExemption will be available to the PIC at the ground control station anytimethe LN-UAS is operating. 12. The PIC is prohibited from beginning a LN-UAS flight unless (considering wind and forecast weather conditions) there is enough powerto fly to the first intended point of landing, and assuming normal cruising speed, to fly after that for at least I0 minutes. 13. Maximum total flight time for each operational flight using the LN-UAS will be limited to 40 minutes orthe amount oftime the UAS can be flown and still maintain a reserve battery power ofno less than 25%, whichever occurs first.U.S Department ofTransportation November 17,2015 Page 8 14. Flights will be operated at an altitude ofno morethan 400 feet AGL and will never enter navigable controlled airspace withouttimely priorwritten authorization and approval from the FAA. In the eventthe structure being inspected exceeds 400 feet AGL, the UAS wi

### II not be operated more than 100 feet above the highestpoint on the structure, and no more than 50 feet horizontally from the structure. 15. Flight operations must be conducted at least 500 feet from all nonparticipating persons. (persons otherthan the PIC, YO, operatortrainees or essential persons), vessels, vehicles, and structures unless:

a. Barriers or structures are presentthat sufficientlyprotectnonparticipating persons from the UAand/or debris in the event ofan accident. The operator must ensure thatnonparticipating persons remain under suchprotection. Ifa situation arises where nonparticipatingpersons leave such protection and are within 500 feet ofthe UA, flight operations mustcease immediately and/or; b. The aircraft is operated nearvessels, vehicles or structures where the owner/controller ofsuch vessels, vehicles or structures has granted permission and the PIC has made a safety assessment ofthe risk ofoperating closerto those objects and determined that it does notpresent an undue hazard, and;

c. Operations nearerto the PIC, YO, operatortrainees or essential persons do not present an undue hazard to those persons per§ 91.1 19(a). 16. The LN-UAS may not be operated less than 500 feet below or less than 2,000 feet horizontally from a cloud orwhen visibility is less than 3 statute miles from the PIC. 17. The LN-UAS maynot operate within 5 nm ofan airport referencepoint as denoted on a currentFAA-published aeronautical chart unless a letter ofagreementwiththat airport's management is obtained, and the operation is conducted in accordance with a NOTAM as required by theNova COA. The letter ofagreementwith the airport managementwill be made availableto theAdministrator upon request. 18. Priorto each flight the PIC shall inspectthe LN-UAS to confirm that it is in a condition safe for flight. The pre-flight inspection will account for all discrepancies, e.g. inoperable components, items, orequipment, not already covered in the relevant sections ofthe operating documents as well as equipment updates. The PIC shall not operate any LN-UAS ifthe inspection reveals a condition that affects the safe operation ofthe LN-UAS until the necessary maintenance has been performed and the LN-UAS is found to be in a condition for safe flight. The ground control station shall be included in the preflight inspection.All maintenance and alternations must be properly documented in the UAS's records as required by Nova's Operations Manuals. 19. Nova will timely carry out its maintenance, inspections, and record keeping requirements in accordance with the Operations Manuals. Maintenance, inspection, and alterations will be fully noted in the LN-UAS records, including total time inU.S Department ofTransportation November 17,2015 Page 9 service, description ofwork accomplished, date completed and the signature ofthe authorized person returningthe LN-UAS to service. 20. Any LN-UAS that has undergone maintenance or alterations that affect the UAS operation or flight characteristics (e.g., replacement ofa flight critical component) musttimely undergo a functional test flight in accordance withNova's Operations Manuals. The PIC who conducts the functional test flight must make an entry in the UAS aircraft records ofthe flight. The requirements and procedures for a functional test flight and LN-UAS record entry shall be included in theNova's Operations Manuals. 21. The LN-UAS will be operated and maintained accordingto the Manufacturer's Manuals and any required manufacturer Safety/ServiceBulletins and product updates. 22. Priorto the operation, a Mission Packet will be created in accordance with the requirements on Nova's Operations Manuals. 23. Novawill obtain an Air Traffic Organization ("ATO") issued Certificate ofWaiver or Authorization, otherwiseknown as a COA, priorto conducting any operations under this Grant ofExemption.ANOT AM will be issued as required bythe COA.All operations will be conducted in accordance with airspace requirements in theATO issued COA including class ofairspace, altitude level and potential transponder requirements. 24. All required permissions and permits will be obtained from territorial, state, county or cityjurisdictions, including local law enforcement, fire orother appropriate governmental agencies. 25. Ifthe LN-UAS loses communication with the PIC, it will havethe capability to safely return to a pre-determined location within the operational area and land safely. 26. Contingency plans will be in place to safely terminate flight ifthere is a loss of communication between the PIC and the Observer. 27. The LN-UAS will have the capability to safely abort flight in the case ofunpredicted obstacles or emergencies. 28. PICs and Observers will have at least a current Class 

### lll Medical Certificate or a valid and current state driver's license issued within the United States. 29. Prior to conducting operations for filming, the PIC will have accumulated and logged, in a manner consistent with 14 CFR 

### § 61.51 (b), a minimum of200 flight cycles and 25 hours total time as a UAS rotorcraft pilot and at least 10 hours logged as a UAS pilot with a similar LN-UAS type platform. This requirement can be achieved by flights conducted and logged as a hobbyist. 30. Prior to conducting operations for filming, the PIC will have accumulated and logged, in a manner consistent with 14 CFR § 61.51(b), aminimum ofhours pursuant to 54U.S Department ofTransportation November 17, 2015 Page 10 CFR §61.51 (b) as UAS pilot operatingthe make and model ofLN-UAS to be utilized for operations under the exemption and three take-offs and three landing in the preceding 90 days. 31. Operations shall occurduring daytime VFRMeteorological Conditions; flights under special visual flight rules ("SVFR") shall not be conducted. 32. The LN-UAS shall remain clear and yield the right ofwayto all other manned operations and activities at all times (including, but not limited to, ultralight vehicles, parachute activities, parasailing activities, hang gliders, etc.). 33. LN-UAS Operations under Instrument FlightRules, at night, or beyond VLOS are prohibited. 34. The UAS will not be operated from an elevated platform unless designed and engineered specifically for such purposes and be in compliance with the general restrictions imposed by the applicable regulations. Additionally no PIC will provide any film-flight operations while in motion from atop any elevated platform vehicle or device. 35. Before conducting operations, the radio frequency spectrum used for operation and control ofthe LN-UAS will comply with the Federal Communications Commission (FCC) or other appropriate governmentoversight agency requirements. 

### V. REGULATIONS FROM WHICH EXEMPTIONIS REQUESTED The FederalAviation Act expressly grants the FAAthe authorityto issue exemptions. This statutory authority, by its terms, includes exempting civil aircraft, as the term is defined under§ 401

### OJ oftheAct, including UASs, from its safety regulations and minimum standards whenthe Administrator decides a requested exemption is in the public interest. 3 Nova seeks an exemption from several interrelated provisions ofTitle 14 ofthe Code ofFederal Regulations ("14 C.F.R") Parts 21, 45,61 and 91 for purposes ofconducting the requested operations using LN-UAS platforms noted above. Listed below are: (1) the specific sections of 14 C.F.R for which exemption is sought, and (2) the operating procedures and safeguards that Petitioner has established which will ensure a level ofsafety betterthan or equal to the rules from which exemption is sought. 4

349 U.S.C.§ 44701(f) (authorizing the grant ofexemptions from requirements ofregulations prescribed pursuant to Sections 4470I(a) and (b) and Sections 44702

- 44716).

' 1 14 C.f.R § 11.81 (e), which requires a petition for exemption to include: The reasons why granting the exemption would not adversely affect safety, or how the exemption would provide a level ofsafety at least equal to that provided by the rule from which you seek exemption

.U.S Department ofTransportation November 17,2015 Page 11 

### UNMANNEDAIRCRAFTSYSTEM A. 14 C.F.R. Part 2L Subpart 

### H -Airworthiness Certificates and 14 C.F.R

. §91.203(a)(l) The FAA has stated that no exemption is needed from this section ifa finding is made underthe Reform Actthat the UAS selected provides an equivalent level ofsafety when compared to aircraft normally used for the same application. These criteria are met and in point offact exceeded, and therefore no exemption is needed. 5 If, however, the FAAdetermines thatthere are some characteristics ofthe chosen UAS thatfail to meetthe requirements ofthe ReformAct, an exemption is requested. 

### EquivalentLevelof Safety Nova's use ofthe LN-UAS is safe when taking into account its size, weight, speed, and operational capability. As set forth in the description ofproposed operations 

### in Section IV(A), the LN-UAS weighs less than 55 pounds, includingpayload and will notbe flown at a ground speed in excess of

### SO knots. The LN-UAS is also equipped with safety features which will allow Petitionerto operatethe LN-UAS safely after experiencing certain in-flight contingencies or failures as noted below. 6 7 Additionally, the LN-UAS carries neitherpilots nor passengers, carries no explosive materials or flammable liquid fuels, orother elements identified by Homeland Security as being prohibitive and operate exclusively within the parameters stated in Nova's Operations Manuals.

5See Grant ofExemption No. II062 to Astraeus Aerial (FAA-2014-0352 at pgs. 13-14, 22).

6See e.g., Grant ofExemption No. 11184 to Low Country RC, Corp. (FAA-2014-0803 at pg. 3): "The [DJI SI000] has the capability to operate safely after experiencingce1iain in-flight contingencies or failures and uses an autopilot system to maintain UAS stability and control. The UAS is also able to respond to a loss ofglobal positioning system (GPS) or a lost-link event with a pre-coordinated, predictable, automated flight maneuver, and manual flight control functionality as a backup. These safety features provide an equivalent level ofsafety compared to a manned aircraft performing a similar operation."

7See e.g., Grant ofExemption No. 11184 to VDOS Global, LLC. (FAA-2014-0382 at pgs. 4-5): "The LN-UAS can be operated entirely by a touch-screen, map-based interface. This means the operator only needs to command the system where to go, and the system does all the flying for the operator. The LN-UAS can be operated in both semi and fully autonomous flight modes, with the operator simply clicking on a map to create a pre-planned flight path for a flight. In addition, the operator can create no fly zones or maximum flight ranges and altitudes so the system cannot enter areas deemed unsafe or unnecessary to fly over. The petitioner states fUJiher thatthe UAS has built-in intelligent fault handling which allows the LN-UAS to detect a system fault while in the air and automatically fly back to its takeofflocation and land. Faults that can be detected include: loss ofcommunication: exceeding pre-set wind thresholds; and low battery levels. Allilight operations are global positioning system (GPS) controlled, making the system easy to navigate. At any point ifthe operator is not explicitly commanding the system to move, the system automatically holds its GPS position. The flight control system employs not only GPS positioning but a variety ofsensors including sonar, barometric pressure, temperature, wind speed and others to ensure stability so long as wind thresholds are not exceeded. Also a flight termination link- to prevent a 'fly away' or other potentially dangerous situation- is available to the operator."

(

_ _

# -U.S Department ofTransportation November 17,2015 Page 12 Operations conducted underthis exemption will be closely controlled and monitored by the PIC operator and will be conducted in compliance with local public safety requirements, to provide security for the area ofoperation. Nova will also provide the FAAwith advance notice ofall operations viaNOTAMs as required by the applicable COA. In all cases, operation ofthe LNUAS underthe proposed conditions will be at least as safe as, or saferthan, conventional rotorcraft operatingwith an airworthiness certificate. Lastly, the LN-UAS do not need a means to communicate with other aircraft orATC, becausethose capabilities will be solely possessed by the PIC and Observer, who are not onboard the LN-UAS. 8 In addition, no sense-and-avoid technology is necessary for the LN-UAS becausethey will be operated at all times in VFR conditions and within VLOS ofthe PIC and Operator. 9 

### B. 14 C.F.R. Part 27Airworthiness Standards: Normal Category Rotorcraft Title 14 C.F.R. Pmi 27 sets forth the procedural requirements for airworthiness cetiification of normal categoryrotorcraft. To the extentthatNova's small LN-UAS would otherwise require certification under Part 27, Petitioner seeks an exemption from Part 27's airworthiness standards for the same reasons identified in the request for exemption from 14 C.F.R. R. Part 21, Subpart 

### H, 

### supra. C. 14 C.F.R. §§ 91.9(c), 45.23(b) and 45.27(a): AircraftMarking and Identification Requirements Nova seeks an exemption from the aircraft marking and identification requirements contained in 14 C.F.R. 

### §§ 91.9(c), 45.23(b) and 45.27(a).

• 14 C.F.R. 

### § 91.9(c), CivilAircraft Flight Manual, Marking and Placard requirements, provides that: No person may operate a U.S.-registered civil aircraft unless that aircraft is identified in accordance with Part 45 ofthis chapter.

• 14 C.F.R. 

### § 45.23(b), Markings oftheAircraft, states: When marks include only the Roman capital letter "N" and the registration number is displayed on limited, restricted or light-sport category aircraft or experimental orprovisionally certificated aircraft, the operator must also display on that aircraft neareach 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.

• 14 C.F.R. § 45.27(a), Rotorcraft, states:

8See Grant ofExemption No

. II062 to Astraeus Aerial (FAA-2014-0352 at pg. 13)

". leiU.S Department ofTransportation November 17, 2015 Page 13 Each operator ofa rotorcraft must display on that rotorcraft horizontally on both surfaces ofthe cabin, fuselage, boom, ortail the marks required by § 45.23. In a previous Grant ofExemption, the FAA determined that exemption from these requirements was warranted provided thatthe aircraft "have identification (N-Number) markings in accordance with 14 C.F.RPart45, Subpart C ifthe markings are as large as practicable." 10 

### EquivalentLevelof Safety All LN-UAS flown byNovawill bearN-number markingsthat are as large as practicable in accordance with 14 C.F.R. Part45, Subpart C. 11 

### D. 14 C.F.R. 

### § 91.405(a), 91.407(a)(l), 91.409(a)(l) and (2); 91.417(a) and (b): MaintenanceInspections Nova seeks an exemption from the maintenance inspection requirements contained in 14 C.F.R. § 91.405(a), 91.407(a) 

### (1), 91.409(a)(2); 91.417(a) and (b). These regulations specify maintenance and inspection standards in referenceto 14 C.F.R. Part 43. See, e.g., 14 C.F.R. § 91.405(a) (statingthat each owneror operator ofan aircraft "[s]hall havethe aircraft inspected as prescribed in subpart E ofthis part and shall between required inspections

...have discrepancies repaired as prescribed in part43 ofthis chapter"). 

### Anexemptionfrom these regulations is needed because Part43 andthese sections onlyapply to aircraftwith an airworthiness cert[ficate, vJJhich the UASplatforms to be operatedunder this grant of exemption willnot have. (Emphasis added) 

### EquivalentLevelof Safety An equivalent level ofsafety will be achieved or exceeded because maintenance and inspections will be timelyperformed in accordance with the Manufacturer's Manual and any required manufacturer Safety or Service Bulletins. Further, as required by Nova's Operations Manuals, the PIC will conduct a pre-flight inspection ofthe LN-UAS and all associated equipmentto account for all discrepancies and/or inoperable components. Maintenance will be performed and verified to address any conditions potentially affecting safe operation ofthe LN-UAS and no flights will occur unless, and until, all flight critical components ofthe LN-UAS have been found to be airworthy and in a condition safe for operation. A functional test flight will be conducted following the replacement ofany flight-critical components.As required by Nova's Operations Manuals, the PIC who conducts the functional test flight will make an entry in the LN-UAS aircraft records ofthe flight. Nova's Operations Manual also includes requirements to follow the manufacturer's UAS aircraft/component, maintenance, overhaul, replacement, inspection, and life limit requirements for the following applicable components: powertrain system (powerplant), propellers, avionics and control surfaces (including ailerons/elevons), structures & airframe, camera system, electrical systems (including batteries), ground control station, hazard accessories, and spare parts. Further, Nova's Operations Manuals also include procedures to document and maintain a

1o FAA Docket No. FAA-2014-0352.

II. See, e.g., FAA DocketNo

. FAA-2014-0352, at 14

.

### U.S Department ofTransportation November 17, 2015 

### Page 14 

### record ofthe LN-UAS's maintenance, preventative maintenance, alterations, status of replacement/overhaul componentparts, and the total time in service ofthe LN-UAS used under this Grant ofExemption. As awhole, the maintenance and inspection procedures required in Nova's Operations Manuals ensure that an equivalent or higher level ofsafety will be achieved. 

### PILOT-IN-COMMAND OFTHE VAS E. 

### 14 C.F.R. 

### § 61.113: Private PilotPrivileges and Limitations 

### Nova seeks exemption from 14 

### CFR § 61.113, 

### which restricts privatepilot certificate holders from flying aircraft for compensation or hire, and would also require a second class medical certificate. The purpose ofPart 61 

### is to ensure that the skill and competency ofany PIC matches the airspace in which the PIC will be operating, as well as requiring certifications iftheprivate pilot is carryingpassengers or cargo for hire. In this case, while the LN-UAS will be operated as pat1 ofa commercial operation, they carry neither passengers nor cargo. In the Grant of Exemption to AstraeusAerial, the FAA determined that the unique characteristics ofUAS operation outside ofcontrolled airspace did not warrantthe additional cost and restrictions attendant with requiring the PIC to have a Commercial Pilot Certificate and Class Ill Medical Certificate. 12 

### The fulfillment ofthe additional requirements for a private pilot to become qualified as acommercial pilot would not lead to any additional safety benefits when UAS operations are involved. EquivalentLevelof Safety The restrictions Nova has placed on its LN-UAS operations meet or exceed the restrictions similarly imposed on AstraeusAerial. Nova will operate on private property or approved location away from persons and property not involved in the operation. Nova will also obtain an ATO issued COAprior to conducting any operations under this Grant ofExemption.All operations will be conducted in accordance with airspace requirements in theATO issued COA including class ofairspace, altitude level and potential transponder requirements. ANOT AM will also be issued as required by the applicable COA. In addition to these flight restrictions, Nova will further ensure safe operation by requiringthat any PIC be thoroughly versed not only in airspace and communication issues pertaining to all aircraft operators but also in the unique aspects ofLN-UAS flight. As set forth in the Operations Manuals, pilots will have experience not only in LN-UAS operations generally but have logged flight time in the specific make and model used for the operations before they are permitted to participate in commercial flights on behalfofNova

.The pilot qualification, training, and currency requirements in the Operations Manuals ensure thatNova pilots are competent and proficient in the LN-UAS they are operating. Nova's training and qualification requirements are consistent with those contained in prior FAA Section 333 Grants ofExemption, and will provide a higher level ofcompetency and proficiency for itspilots and will ensure at l east an equivalent level ofsafety to thepublic.

1c£xemption No. II062 (FAA Docket No. FAA-20 14-0352)

.U.S Department ofTransportation November 17, 2015 Page 15 

### OPERATINGPARAMETERS OFTHE UAS F. 14 C.F.R. 

### § 91.7(a): CivilAircraftAirworthiness Inasmuch as there will be no airworthiness certificate issued for the UAS, Nova seeks an exemption from 14 C.F.R. § 91.7(a), which requires that a civil aircraft be in airworthy condition to be operated. The FAAhas stated that no exemption is required for 14 C.F.R. § 91.7(a) to the extentthatthe requirements ofPart 21 are waived or found inapplicable. 13 Accordingly, Petitionerrequests thatthe requirements for§ 91.7(a) be treated in accordance with Section V(A), supra. 

### G. 14 C.F.R. 

### § 91.9(b)(2): CivilAircraftFlightManual in theAircraft and 14 C.F.R. 

### § 91.203(a) and (b): Carrying Civil AircraftCertification and Registration Title 14 C.F.R. § 91.9(b) (2) and§ 91.203(a) and (b) require the operatorto carry airworthiness documents and other aircraft manuals onboard the aircraft. Pursuant to 14 C.F.R. § 91.9(b) (2): (b) No person may operate a U.S.-registered civil aircraft- (2) Forwhich an Airplane or Rotorcraft Flight Manual is required by§ 21.5 ofthis chapter, unless there is available in the aircraft a current approved Airplane orRotorcraft Flight Manual, approved manual material, markings, and placards, or any combination thereof. Pursuantto 14 C.F.R. § 91.203(a) and (b): (a) Except as provided in§ 91.715, no person may operate a civil aircraft unless it has within it the following: 

### (1) An appropriate and current airworthiness certificate

.. . (b) No person may operate a civil aircraft unless the airworthiness ce11ificate 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. Given the small size and configuration ofthe LN-UAS, it would be impossible to keep airworthiness documents and other aircraft manuals on board the LN-UAS because there is simply no room and the LN-UAS has no cabin or cockpit. As a wayto comply with the code Nova will maintain the documents with the PIC and make them available for inspection. 

### EquivalentLevelof Safe"J! In an FAA Office ofChiefCounsel's Opinion dated August 8, 2014, and prepared by Dean E

. Griffith, Attorney, AGC-220, it was acknowledged that the intent of 14 C.F.R. 91.9(b) and 91.203(a) and (b) is met ifthe pilot ofthe unmanned aircraft has access to the UAS flight

l.l See ld. at 13-14,22.

### U

.S Department ofTransportation November 17, 2015 Page 16 manual, registration certificate, and otherrequired documents from the ground control station from which he or she is operatingthe aircraft. 14 

### As this FAA Office ofChiefCounsel Opinion clarifies, the intent ofthe rule is to ensure the pilot has access to these key documents during flight. Therefore, an equivalent level ofsafety will be achieved by ensuring that the pilothas access to the documents at the ground control station from which he or she is pilotingthe UAS

. H. 14 C.F.R. §91.103: PreflightAction 

### Nova seeks an exemption from 14 C.F.R. §91.103, which requires a PIC to become familiar with specific information before each flight, including information contained in the FAA-approved Flight Manual on board the aircraft. While the PIC will be familiar with all information necessary to safely conductthe flight, an exemption is requested to the extentthat an FAAapproved Flight Manual is required. EquivalentLevelof Safety An equivalent level ofsafety will be provided by following the Nova's Operations Manuals and the Manufacturer's Manual. The PIC wiII perform a series ofchecklists designed to identify any defects or inoperable components in accordance with theNova's Operations Manuals, including checklists covering Pre-Flight, Launch, Landing, and Post-Flightprocedures. The PIC will also be required to review weather, flight requirements, battery charge, landing and takeoffdistance, UA performance data, and contingency landing areas-before initiation offlight. Nova's Operations Manuals and the Manufacturer's Manual will be kept at the ground control station and will be accessible to the PIC at all times while operatingthe UAS. I. 

### 14 C.F.R. §91.109(a): Flight Instruction 

### Nova seeks an exemption from 14 C.F.R. §91.109(a), which provides in pertinentpart that "[n]o 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 and remotely piloted aircraft, by their design, do not have functional dual controls. Instead, flight control is accomplished through the use ofa device that communicates with the aircraft via radio communications.Accordingly, an exemption will be required for the flight instruction requirements of 14 C.F.R. §9l.l09(a). EquivalentLevelof Safety Given the size and speed ofthe UASs thatNova intends to use, an equivalent level ofsafe training can still be performed without dual controls because no pilot or passengers are aboard the UAS, and as required by the Nova's Operations Manuals, all persons will be a safe distance away in the event that the UAS experiences any difficulties during flight instruction. Moreover, as required by the Nova's Operations Manuals,all flight training will be conducted in controlled and sterile environment. As a whole,the safety procedures provided for in Nova's Operations

14 Memorandum from Mark Bury, FAAAssistant ChiefCounsel for International Law, Legislation and Regulation, to John Duncan, FAA Flight Standards Service (Aug. 8, 2014); see also Docket No. FAA-20 14-0352 at 16-1 8.U.S Department ofTransportation November 17, 2015 Page 17 Manuals ensure that the proposed UAS operations provide an equivalent orhigher level ofsafety than thatprovided by the flight instruction regulations. J. 14 

### C.F.R. 

### § 91.119(c): Minimum 

### SafeAltitudes Nova requests an exemption from the minimum safe altitude requirements of 14 C.F.R. § 91.119(c). 15 Section 91.119 prescribes the minimum safe altitudes under which aircraft may not operate, including 500 feet above the surface and away from anyperson, vessel, vehicle, or structure in non-congested areas. See 14 C.F.R. § 91.119(c). Section 91.119(d) allows for a helicopterto operate at less than those minimum altitudes when it can be operated "without hazard to persons orproperty on the surface," provided that "each person operatingthe helicopter complies with any routes or altitudes specifically prescribed for helicopters bythe FAA." An exemption is required because the proposed LN-UAS operation will normally need to occur below 400 feet AGL. In circumstances where the LN-UAS is used to inspect a structure whose height exceeds 400 feet AGL, the LN-UAS will not be operated morethan 100 feet above the highestpoint on the structure, and within 50 feet horizontally ofthe structure. Additionally, due the nature oftheproposed operations, the Pilot and/or Observers(s) may need to be less than 500 feet away from the LN-UAS. 

### EquivalentLevelof Safe(v Compared to flight operations with rotorcraft weighing far morethan the maximum weights proposed herein, and given the lack offlammable fuel with the abovenoted UASs, any risk associated with these operations is far less than those which presently exist with conventional aircraft. An equivalent level ofsafety will be achieved giventhe size, weight, and speed ofthe LN-UAS, as well as the controlled location wherethe operations will occur. In orderto avoid any riskto manned aircraft, flight operations will be restricted to 400 feet AGL orbelow, or when inspecting a U.S. structure whose height exceeds 400 feet AGL, within 100 feet abovethe highestpoint on that structure and 50 feet horizontally ofthe structure. As set forth in the Operations Manuals, the LN-UAS wi 

### II be operated in a restricted area, and all flights will be operated at a lateral distance ofat least 500 feet from any nonparticipating persons, unless that person is in a position where he or she is shielded from the LN-UAS and any possible debris resulting from its failure. As required by the Operations Manuals, flights will be terminated ifa nonparticipatingperson within 500 feet ofthe LN-UAS leaves a shielded position. Further, its operations will occur at least 500 feet away from vehicles or structures unless the property owner/controllertimely has granted permission and the PIC has made a safety assessment ofthe risk ofoperating closerto those objects and, operations nearthe PIC or Observer will not present an undue hazard per§ 91.119(a). Adherence to these restrictions in

15Relieffrom § 91. 119(a) will not be necessary because Petitioner wi II be able to perform an emergency landing without undue hazard to persons or property on the ground in the event ofa failure. Petitioner's proposed UAS operations will not occur over congested areas, and therefore an exemption from§ 91.119(b) will not be necessary. See e.g., Grant ofExemption No. 11157 to Slugwear, Inc., dba Like on a tree Aerial (FAA-2014-0534 at 15).U

.S Department ofTransportation November 17, 2015 Page 18 Nova's Operations Manuals will ensure operations can be conducted withoutcompromising public safety. 16 

### K. 

### 14 C.F.R. 

### §91.121: AltimeterSettings Nova seeks an exemption from 14 C.F.R. § 91.121, which requires a person operating an aircraft to maintain cruising altitude or flight level by referenceto an altimeterthat is set to the elevation ofthe departure airport orbarometricpressure. An exemption is required to the extentthat the UASs do not have a barometric altimeter, but rather a GPS altituderead out. 

### EquivalentLevelof Safety The FAAhas stated that an equivalent level ofsafety to the requirements of 14 C.F.R. §91.121 can be achieved in circumstances where: 

### (I) the UASs will be operated below 400 feet AGLor below 17

, (2) within VLOS, (3) where GPS based altitude information is relayed in real timeto the operator at a ground-based on-screen display and, (4) where priorto each flight, a zero altitude initiation point is established for the PIC to confirm accuracy ofthe onboard GPS. 18 The LN-UAS that Nova intendsto use for the proposed operations will meet all these operational characteristics. Moreover, as required byNova's OperationsManuals, the PIC will be required to calibrate the aircraft's GPS compass priorto each flight operation. LikepriorFAA Section 333 Grants ofExemption, the LN-UAS Nova intends to use, and the safety mitigation procedures contained in the Operations Manuals, both ensure that an equivalent level ofsafety or greater level will be achieved, and a Grant ofExemption to the requirements of§ 191.121 is therefore appropriate. 

### L. 14 C.F.R. 

### §91.151(a): FuelRequirements forFlightin VFRConditions Novarequests an exemption from 14 C.F.R. § 91.151(a)'s fuel requirements for flight in VFR conditions. Section 91.151 states:

16See e.g., Grant ofExemption No. 11138 to DouglasTrudeau (FAA-2014-0481 at 19): "lfbarriers or structures are present that can sufficiently protect nonparticipating persons from the UA or debris in the event ofan accident, then the UA may operate closer than 500 feet to persons afforded such protection. The operator must also ensure that nonparticipating persons remain under such protection. Ifa situation arises where nonparticipatingpersons leave such protection and are within 500 feet ofthe UA, flight operations must cease immediately. When considering how to immediately cease operations, the primary concern is the safety ofthose nonparticipating persons. In addition, the FAA finds that operations may be conducted closerthan 500 feet to vessels, vehicles and structures when the owner/controller ofany such vessels, vehicles or structures grants permission for the operation and the PIC makes a safety assessment ofthe risk ofoperating closerto those objects and determines that it does not present an undue hazard."

17Ifthe height ofthe structure being inspected exceeds 400 feet AGL, the UAS will not be operated more than I00 feet above the highest point on the structure.

18See Grant ofExemption No. II 062 to Astraeus Aerial (FAA-20 14-0352 at 21).U.S Department ofTransportation November 17, 2015 Page 19 (a) No person may begin a flight in an airplane underVFRconditions unless (considering wind and forecast weatherconditions) there is enough fuel to fly to the first point of intended landing and, assuming normal cruising speed- (1) Duringthe day, to fly afterthat for at least 30 minutes; or (2)At night, to fly afterthat for at least 45 minutes. Here, the technological limitations on UAS battery powermeans that no meaningful flight operations canbe conducted while still maintaining a 30-minutebattery reserve. An exemption from the fuel requirements of 14 C.F.R. § 91.151(a) is therefore required. Moreover, it is not Nova's intention to fly the LN-UAS at night. 

### EquivalentLevelof Safety In the Grant ofExemption to VDOS (ExemptionNo. 11112), the FAAdetermined that an equivalent level ofsafety to the fuel requirements for flight in VFR conditions could be achieved by prohibitingthe PIC from beginning a LN-UAS flight unless (considering wind and forecast weather conditions) there was enough powerto fly to the first intended pointoflanding and, assuming normal cruising speed, to fly afterthat for at least 10 minutes. ln reaching this conclusion, the FAAconsidered that the UAS batteries for the LN-UAS provide approximately 50 minutes ofpowered flight (with payload) and provided battery level and batterytime remaining in minutes and seconds to the PIC. 19 The FAA also considered the fact the LN-UAS operating manual states: "startevery flight with a fully charged battery in the aerial vehicle", and that in the event that the LN-UAS should run low on power, the PIC will be alerted and can safely land the- LN-UAS as soon as possible. Likethe VDOS Grant ofExemption, Nova's use of the LN-UAS, combined with the requirements ofPetitioner's Operations Manuals, ensurethat an equivalent level ofsafety can be achieved and in fact exceeded. Similarly, in the Grant ofExemption toAlan Purwin (Exemption No. 11161), the FAA determined that an equivalent level ofsafetyto the fuel requirements for flight in VFR conditions could be achieved by prohibitingthe PIC from beginning a flight with the UAunless (considering wind and forecast weatherconditions), there was enough powerto safely fly at normal cruising speed to the intended landing point and land the UA with 25% battery power remaining. Novawill adhere to this limitation for its LN-UAS flights. The LN-UAS includes a low battery warning system and the amount ofbattery reserve power remaining is continuously transmitted to the PIC via telemetric data feed, which downlinks from the LN-UAS to a ground-based-on-screen display. 20 As required by Nova's Operations Manuals, the PIC will promptly fly the LN-UAS back to the home launch location or pre-determined abort location where it may safely land, while still maintaining a minimum of25% reserve battery power. Nova submits that the procedures requiring flights to be safely terminated once the

19. Grant ofExemption No. 11112 to VDOS Global, LLC (FAA-2014-0382 at 10)

. 20. The LN-UAS ground control station displays, the UASs position, navigation route, tail number, altitude, heading, north seeking arrow, range to targets, calculated target position, date/time, and sensor heading and orientation relative to the UAS.

# -~'U.S Department ofTransportation November 17,2015 Page 20 batteries fall below 25% capacity, combined with the requirementthat flights only be conducted within a secure, isolated area, using a UAS weighing less than 55 pounds, and within VLOS of the PIC and Observer(s), ensure that the proposed operation will provide an equivalent or higher level ofsafety to the public to thatprovided by the regulations from which exemption is sought. 

### VI. DRUGANDALCOHOLPROGRAM Novawill have policies in place to ensurethat no person may participate in LN-UAS flight operations ifthey are underthe influence ofalcohol orany drug. 

### VII. PUBLIC INTEREST The public interest will be served by grantingNova's Petition for Exemption. Congress has established a national policy that favors early integration ofUAS into the NAS in controlled, safe working environments such as thoseproposed in this Petition. Grantingthis Petition for Exemption helps fulfill Congress' goal in passing Section 333(a) through (c) ofthe Reform Act-the FAAAdministrator's assessment ofwhether certain UAS may operate safely in the NAS before completion ofthe statutorilyrequired rulemaking. The proposed LN-UAS operations in this Petition for Exemption significantly improves the safety and reduces risk ofharm, physical injury and property damage to the public at large, the property owners from whom permission was granted for use by Petitioner and abutting properties, staffofPetitioner, unsuspecting passersby, inspecting engineers from relevant organizations and all those who may be in the local vicinity. Traditional methods ofproviding surveillance and mapping services location personnel to climb towers, trees, venture onto precarious roofs and other dangerous scenarios, perform elevated work for which the individual is neithertrained norequipped to perform, which exposesthem to unnecessary risk ofserious physical injury from dangerous falls orotherphysical mishaps. Moreover, inspectors/surveyors are often unnecessarily exposed to hazardous conditions, unsafe environments, culturally tense situations and other hazards associated with identifying specific locations for potential recording sites to be used in the end product. The use ofsmall UAS can eliminate these hazards and ultimately create a much safermethod ofperformingthese types ofinspections creating a safer environment for the public as well as Nova employees. The use ofsmall UAS also enhances safety and reduces risk to the surroundingpublic because, unlike manned aircraft weighingthousands ofpounds, carrying crew in addition to flammable fuel, the UAS carry no passengers, crew orexplosive fuel. Furthermore, in the unlikely event of an accident, Nova's small battery powered LN-UAS presents significantly less dangerto persons on the ground when compared to operations by conventional manned aircraft. 21 As Petitioner's LN-UAS are battery powered, the public will also benefit from a reduction in harmful petroleum

21See Grant ofExemption No. II158 to Team 5, LLC (FAA-2014-0783 at 12): "Manned heI icopters conducting aerial filming can weigh 6,000 pounds or more and are operated by an onboard pilot, in addition to other onboard crewmembers, as necessary. The petitioner's UAs will weigh less than 55 pounds with no onboard pilot or crew. The pilot and crew will be remotely located from the aircraft. The limited weight significantly reduces the potential for harm to participating and nonparticipating individuals or property in the event ofan incident or accident. Risk to an onboard pilot and crew during an incident or accident is eliminated with the use ofa UA for the aerial filming operation."U.S Department ofTransportation November 17, 2015 Page 21 based emissions associated with conventional aircraft performing in the same functions proposed herein. Air quality will naturally be improved with the reduction offuel powered vehicles. Lastly, as recognized by the FAA in prior Section 333 Grants ofExemption to filmmakers, UAS provide an additional economic tool for the aerial filming notwithstanding the industry, adding a greater degree offlexibility, which supplementsthe current capabilities offered by manned aircraft. 22 The quality ofthe finished product is enhanced and provides a greater finished product demand which will aid the current UAS industry and provide additionaljobs as the cost of providingthe needed product is greatly reduced while reducingthe difficulty with which the finished product is created. The demand for the current industrial product is increasing and will continueto increase given the enhanced flexibility ofproduction; therefore, given the lower cost, owner/operators and others in the relevant industry will be more inclined to utilize the services of commercial UAS along with an appropriate licensed PIC's. 

### VIII. PRIVACY All LN-UAS operations will be conducted in accordance with applicable federal, state, and local laws regarding privacy. All operations shall be conducted overprivate or controlled-access property with permission from the land owner/controlleror authorized representative. Permission from land owner/controller or authorized representative will be obtained for each flight to be conducted. 

### IX. FEDERALREGISTERSUMMARY Pursuantto 14 C.F.R. Part 11, the following summary is provided for pub!ication in the FEDERAL REGISTER, should it be determined thatpublication is needed: Petitioner seeks an exemption from the following rules in Title 14 ofthe Code ofFederal Regulations: Part 21, Subpart H; Part 27; 45.23(b); 45.27(a); 61.113; 91.7(a); 91.9(b)(2); 91.9(c); 91.103; 91.109(a); 91.119(c); 91.121; 91.15l(a); 91.203 (a) & (b); 91.405(a); 91.407(a)(l); 91.409(a)(l) & (2); 91.417 (a) & (b). The exemption will enhance safety by reducing risk to the aircraft crew, production crew, general public, property owners and city structures from the substantial hazards associated with performing equivalent film work and aerial video production with conventional fixed-wing aircraft, rotorcraft, or other methods. 

### X. CONCLUSION Nova's Petition for Exemption satisfiesthe criteria articulated in Section 333 ofthe Reform Act of2012 which includes weight; speed; operating capabilities; proximity to airports and populated areas; operation within VLOS and national security. The proposed LN-UAS operations will benefitthe public as a whole by improving safety and reducing risk by alleviating human exposure to danger while lowering the attendant related costs thereby increasingthe demand for

22See e.g., Grant ofExemption No. 11 178 to Picture Factory, Jnc. (FAA-2014-0794 at 18)

.

### U.S Department ofTransportation November 17,2015 Page 22 the finished product. ln consideration ofthe foregoing, this Petition for Exemption provides the FAAwith more than adequatejustification for granting the requested exemptions allowingNova to use small LN-UAS in the recorded production ofits product. We thankyou for yourprompt consideration ofourrequested exemptions.



### IQ.seph- right

- LuxNova 665 North 1300 West Salt Lake City, UT 84116 Phone: 801.597.3111 Email: Joseph@luxnovakino.com (The following attached items contain proprietary and commercial information exemptfrom disclosure underthe Freedom oflnformationAct, 5 U.S.C. 

### § 522 et seq., and should be held in a separate file pursuantto 14 C.F.R. 

### § 11.35(b)). Attachments: 0. MPTOM Motion Picture and Television Operations Manual 1. General Operations Manual 2. PIC OperatingManual 3. CompanyProtocols 4. Location Protocols 5. Flight Communications Protocols 6. Departing Location Protocols 7. TransmitterProtocols 8. Preflight Checklist 9. Post Flight Checklist 10. Equipment Checklist 11. UAS Manufacturer's Manuals a. User Manuals b. UAS Maintenance Manuals



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