D NATIONAL 

GEOGRAPHIC 

law, Business&: Governmental Affairs 

jeanne Martyn Fink 

Vice President and Associate General Counsel 

August 5, 2015 

U.S. Department ofTransportation 

Docket Management System 

1200 New Jersey Ave., SE 

Washington, D.C. 20590 

Re: Exemption Request Section 333 ofthe FAA Reform Act and Part 11 of the Federal Aviation 

Regulations from 14 CFR Part 21 ; 14 CFR 61.113 (a) & (b); 91.7 (a); 91.119; 91.121; 91.151(a); 

91.405 (a); 91.407(a) (1); 91.409 (a) (2); 91.417 (a) & (b). 

To Whom it May Concern: 

In accordance with Section 333 ofthe FAA Modernization and Reform Act of2012 ("Reform Act") and 

14 C.P.R. Part 11, National Geographic Society and its wholly owned subsidiary, NGHT, LLC 

d/b/a National Geographic Studios ("NG"), the film, television, and video production unit of the 

National Geographic Society, submits this exemption petition application as a blanket waiver under 

7711-1 for NG owned and operated Unmanned Aircraft Systems ("UASs") which are setup to utilize 

aerial filming and photography for short films, motion pictures, and commercial filming. NG seeks 

exemption from the aforementioned listed Federal Aviation Regulations ("FARS") to permit the 

commercial operation of its UASs providing that the operations are conducted only according to that 

which is provided in this petition for exemption or as may be currently or in the future required by 

the FAA as found in Section 333.1, or any other prevailing federal regulations. 

As outlined below, our request for exemption would allow the operation of small UASs under 

established preset conditions in the air that are 1) narrow in scope 2) pre-determined 3) access 

controlled and 4) improve upon the safety operations that documentary filming currently employ 

(such as using a manned helicopter for aerial footage). Approval of this petition for exemption would 

improve safety as well as provide an opportunity to the Secretary ofTransportation (the FAA 

Administrator's) to accomplish their goal to " ... establish requirements for the safe operation of such 

aircraft systems in the national airspace system." See Section 333(c) of Reform Act. 

The name and address of the applicant is: 

National Geographic Society 

Attn: Jeanne Fink, Esq. 

1145 17th Street, NW 

Washington, D.C. 20036 

1145 17th Street N.W., Washington, D.C. 20036-4688 Tel (202) 857-7763 Fax (202) 857-5874 jfink@ngs.org 

$ Recycled-content paper 
NG hereby requests an exemption from the following regulations: 

• 14 CFR Part 2 I 

• 14CFR61.113(a)&(b) 

• 14C.F.R. 91.7(a) 

• 14 C.F. R. 91.119 

• 14 C.F.R. 91.121 

• 14 CFR 91.151 (a) 

• 14 CFR 91.405 (a) 

• 14 CFR 407 (a)(1) 

• 14 CFR 409 (a) (2) 

• 14CFR417(a)&(b) 

The NG exemption application is intended to achieve Congress' aims in passing Section 333(a)- (c) of 

the Reform Act. The reform act instructs the Secretary of Transportation to give consideration to 

whether or not particular UASs can successfully achieve sufficient safety measures for inclusion in the 

national airspace system (NAS). Such an exemption from the regulations will only serve as a temporary 

measure in anticipation of the fulfillment of the rulemaking requirement of Section 332 of the Reform 

Act. In consideration of the petition the Secretary should consider which UASs are neither a danger to 

participants of the NAS or the public at large or present the potential to threaten the national security 

of the United States. According to the Reform Act§ 333 (a), the following factors should be considered: 

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

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

• Operation of the UAS within visual line of sight of the operator. 

If the Secretary decides that such vehicles "may operate safely in the national airspace system, the 

Secretary shall establish requirements for the safe operation of such aircraft in the national airspace 

system." Id.§333(c). NG believes the provisions found in section 333 ofthe Reform Act creates an 

obligation for the FAA to process applications for exemption and, if necessary, for the FAA to create 

standards for safe use if such standards proposed in this petition for exemption fail to meet 

statutory requirements for approval 

The authority for the FAA to issue such an exemption is expressly granted in The Federal Aviation 

Act. This statutory authority's terms include an exemption for civil aircraft, as defined under §40 101 

of the Federal Aviation Act, and includes UASs, with the intent to exempt such from the mandate 

that every civil aircraft be required to possess a valid airworthiness certificate. If the Administrator 

finds the exemption request in the public interest the Administrator may grant an exemption from 

requirements of the regulations promulgated under subsections (a) or (b) or sections 44702-44716 

of this title. 49 U.S.C. §4470l(f); See 49 USC §4471l(a); 49 USC §44704; 14 CFR §91.203 (a) (1). 
The Administrator may grant an exemption from a requirement of a regulation prescribed under 

subsection (a) or (b) of this section or any sections 44702-44716 of this title ifthe Administrator 

finds the exemption in the public interest. 49 U.S.C. §4470l(f) See also 49 USC §4471l(a); 49 

USC §44 704; 14 CFR §91.203 (a) (I). 

NG's UASsare Freefly CineStar 8 HL Octocopter, two (2)DJI Inspire land, DJI 

Phantom 2+, DJl Phantom 2, AirRobot, MikroKopter with a combined weight, 

including any necessary added filming equipment, of 55lbs or less. The UASs are capable of moving 

in vertical and horizontal positions at the same time. The UASs can hover and are restricted to 

speeds of no more than 25m ph as implemented by the duly trained operator. 

It is Congress's intent that the FAA allow commercial UAS operations to begin immediately through 

the process of a granted exemption as long as the proposed operations satisfY the proper zone of 

safety. The limited size, intended cargo (filming equipment) and secure locality ensure there is zero 

national security threat stemming from granting approval of the operations of these particular UASs. 

The administrator should grant this application request because it carries out the intent of Section 333 

of the Reform Act in addition to the authority of the Federal Aviation Act. The grant is in the best 

interests ofthe public because it limits harmful environmental factors and enhances the safety of both 

the public at large and filming industry staff. Applicants hereby request their application for 

exemption be considered and approved as soon as it can be processed. 

AIRCRAFT CHARACTERISTICS AND SAFETY LEVEL EQUIVALENTS 

The applicant seeks to have this exemption cover only civil aircraft as described therein this 

petition and subject to the limitations proposed within this petition or as should be found necessary 

by the FAA. Motion picture filming companies already safely operate using combustible manned 

helicopters or other manned civil aircraft to achieve many tasks that non-combustible unmanned 

UASs can accomplish with the equivalent or better level of safety. 

NG proposes and agrees to the following limitations and conditions for documentary filming UAS 

operations conducted under a granted FAA exemption: 

1. The total combined weight ofthe UASs and attached equipment will weigh 55lbs or less. 

2. At all times the pilot will operate the UAS in an unbroken visual line of sight (VLOS). 

3. No flight operations will fly for more than 30 consecutive minutes without first landing 

and changing the batteries and conducting necessary safety checks. 

4. Once the battery is at 3 0% cajEi1ythe operator must begin return to ground 

procedures. The UASs are not permitted to operate below 20% battery. 

5. Maximum flight altitude shall not exceed 400 AGL. 

6. A minimum two man crew consisting of the UAS Pilot 

and the Camera Operator are required to conduct 

operations. 

7. The UASs Pilot in Command (PIC) must have at least 25 documented hours operating 

UASs. 
8. The PIC must have the requisite knowledge about the components required to build and 

maintain the particular type ofUASs type they are operating. 

9. A PIC will not operate an UAS within 5 miles of the center of an airpo11 without 

permission from the local FSDO and clearance from the control tower of the airport. 

I 0. UASs will only operate in a properly secured area. NG pre-flight safety 

procedures require a secured perimeter as described in pre-flight safety protocols. 

11. A mandatory briefing that all participating personnel (persons allowed into the filming 

perimeter) must attend in order to go over all pre-flight safety issues and procedures for the 

day. 

12. At all operational times the pilot and observer will be able to maintain contact through 

voice communication. 

13. Operations shall not be permitted in areas that do not have the consent of the property 

owners. 

14. Any necessary required permission and/or permits from territorial, state, county or city 

jurisdictions, local law enforcement, fire department, or appropriate government 

agencies will be obtained accordingly. 

15. In the case of emergency, loss of communications or other malfunction, the UASs are 

preset to be able to return to a pre specified location in a safe manner. The UASs can 

abort a flight in unexpected situations or other emergencies. 

14 C.F.R. Part 21, Subpart H: Airworthiness Certificates 14 C.P.R. §91.203 (a) (1) 

FAR §91.203 (a) (1) requires the establishment of a process for the granting of airworthiness 

certificates. The process for obtaining an airworthiness certificate is provided for in 14 C.F.R., Subpart 

H, titled Airworthiness Certificates. The small size of the UASs and limited perimeter of the secured 

operations area allow for an equivalent level of safety as envisioned in Part 11 and Section 333 of the 

reform act. The FAA is permitted to exempt aircraft from the airworthiness certificate requirement as 

provided in The Federal Aviation Act (49 U.S.C.§44701 (f)) and Section 333 of the Reform Act. An 

exemption may be permitted after consideration of the size, weight, speed, operational capability, 

distance from airports and amount of persons near areas of operation. A careful consideration of 

these factors makes it clear that UASs, lacking an airworthiness certificate, but, implementing the 

proposed conditions and restrictions, can operate just as safe if not safer than conventional aircraft 

with an airworthiness certificate. 

The UASs weigh less than 55 lbs with a full load and cannot carry a pilot or hold any passengers. The 

UASs do not carry fuel or any other explosive or flammable liquids, and will only be operated 

within the secured zone as provided for in the NG safety protocol established for each use of a UAS. 

The petition for exemption will only allow for tightly controlled and very closely observed operations. 

The FAA will be informed in advance of the operations area and all local laws will be followed and 

abided by NG. UAS operations without an airworthiness certificate will be safer than 

conventional aircraft operating with an airworthiness certificate because of the conduct limitations 

provided for in this petition that are inapplicable to the latter. The UASs safety requirements 

are similar to requirements used in the production and filming industry for civilian aircraft. 
The UASs operations do not pose a threat to the national security ofthe United States, or any locality 

found within or without the United States. The purpose of the operations of the UASs is to create 

footage for the documentary filming industry and is not intended in any way for hostile acts. The size, 

speed, area of operations, absence of flammable gasoline or other combustible liquids and limitations 

on payload weight present no credible threat to the United States. 14 C.F.R. § 61.113 (a) & (b): Private 

Pilot Privileges and Limitations: Pilot in Command. 

NG seeks exemption from 61.113 so that its PIC may comply with the spirit ofthis regulation by 

holding either a private pilot's certificate or a recreational or sport pilot's certificate, or has 

received individualized instruction in the proper operation ofthe UAS from the 

manufacturer. In Grant ofExemption No. 11062 to Astraeus Aerial (Astraeus), the FAA determined 

that a PIC with a private pilot's certificate operating the Astraeus UAS would "not adversely affect 

operations in the NAS or present a hazard to persons or property on the ground". NG's safety 

training provides an equivalent level of safety and potentially helps exceed current safety levels 

when compared to manned aerial flights. The knowledge NG has about UAS operations is relevant 

and supplements the safety awareness the PIC learns from getting a private pilot's certificate. NG 

provides safety and education through the use of the safety operations protocol, pre-flight safety 

checks and proper care for its UASs. 

14 C.F.R. §91.7(a): Civil aircraft airworthiness. 

A grant of exemption from 91.7 is needed because there will be no airworthiness certificate. The 

airworthy conditions will be determined according to NG's safety protocol established for each use 

of a UAS. The pre-flight safety procedures found in NG's protocol provides for an equivalent 

level of safety. The PIC will be responsible for making sure the aircraft is airworthy before each 

flight. 

14 C.F.R. §91.119: Minimum safe altitudes 

Section 91.119 establishes the safe altitudes for operations of civil aircraft. This request for exemption 

asks for the submitted UASs to be permitted to operate at altitudes up to 400 AGL. All operations will 

occur in a pre secured area where all persons and property present will have given their informed 

consent. The location, size, weight and speed of the UASs provide for an equivalent level of safety. 

Conventional aircraft flying below 500 AGL present a much greater risk to persons and property than 

small UASs operating at the same altitude. Risks to conventional aircraft that are not applicable to 

UASs include combustible fuel and large payloads. The low altitude will actually create an unintended 

buffer between UASs operating below 400. AGL and conventional aircraft operating above 500 AGL 

as required by Section 91.119. 

Section 91.119( c) provides that no aircraft shall operate within 500 AGL of any "person, vessel, 

vehicle or structure". Due to the documentary filming nature of the UASs operations, we request 

filming operations be permitted from much closer distances. This would all take place in accordance 

with pre flight safety procedures. Filming with UASs instead of manned helicopters provides an 

increased level of safety to the public and the crew working on the site. 

14 C.F.R. §91.121 Altimeter Settings 

91.121 contains language requiring an aircraft to maintain an altimeter. The UASs do not have a 

traditional barometric altimeter and therefore an exemption may be needed. The UASs are, however, 

able to provide an equivalent level of safety through use of GPS altitude equipment. The GPS 

component attached to the UAS uses a communications telemetry data link to send the AGL 

information to the PIC to effectively monitor safety and the flight path. Methods include GPS 

triangulation, digitally encoded barometric altimeter, radio altimeter or any combination. The GPS on 
the UAS transmits the appropriate data digitally to a ground readout handheld controlled by the PIC. 

The UAS PIC will reset the altitude to zero before every launch. 

14 C.F.R. § 91.151 (a): Fuel Requirements for Flight in YFR Conditions 

Section 91.151 (a) disallows aircraft from flying without first having at least 30 minutes of fuel 

beyond their time to take off and land under normal conditions if it's during the day and 45 minutes 

for the night. Since the UASs can only operate for 30-45mins total, before landing and replacing their 

batteries, an exemption may be needed. Allowing UAS operations until battery life has reached 20% 

of its full strength will ensure an equivalent level of safety compared to conventional aircraft 

operations with 30 minutes extra fuel. The UAS is set to automatically return to a pre-determined 

landing spot in the case of emergency and this can be accomplished very quickly. Conventional 

aircraft generally have less flexibility for landing than a small lightweight UAS. 

14 C.F.R. §91.405 (a); 407 (a) (1); 409 (a) (2); 417(a) &(b): Maintenance Inspections 

These regulations are for conventional aircraft with an airworthiness certificate and are therefore 

incompatible with the operations of an UAS. NG' s UAS operators are the best suited people to 

perform maintenance on the UASs. This is because they have specialized knowledge about the 

components that a typical aviation inspector would lack. The size, payload, location restrictions and 

height limits allow for an equivalent level of safety. Maintenance shall be performed on a daily basis 

as required and a log of all maintenance activities kept. 

************************************ 

In accordance with 14 C.F.R. Part 11, the summary below is provided for publication in the Federal 

Register, should it be determined that publication is 

warranted: Applicant seeks an exemption from the 

following rules: 

14 C.F.R. §21, subpart H; 14 C.F.R. §§ 61.113( a) & (b); 91.7 (a); 91.119; 91.121; 91.151(a); 91.405 (a); 

91.407 (a)(1); 91.409 (a)(2); 91.409 (a) (2) and 91.417 (a) & (b) to operate for commercial purposes 

small unmanned aerial systems (weighing less than 55lbs) for aerial filming and photography for short 

films, motion pictures, and commercial filming. 

Approval for this section 333 exemption will increase public safety and reduce the risk to on set 

personnel and property. Currently, most aerial filming is done by various filming studios using 

manned airplanes. These airplanes weigh thousands of pounds and require the use of combustible 

gasoline in order to operate. In comparison, an Unmanned Aerial System can accomplish the same 

documentary filming operations with an equivalent or better level of safety because they are 

lightweight, battery operated, and not equipped to carry persons. The exemption should be granted to 

allow the documentary film operation ofNG's UASs under the strict conditions outlined above. The 

UASs are much slower than conventional aircraft and operate in a pre secured area, therefore, 

providing an equivalent level of safety. The UASs pose a reduced risk to on set filming when 

compared to conventional aircraft near persons and/or property. 

Privacy 

Permission from property owners will be obtained prior to filming. UAS operations may not proceed 

unless persons proximate to the filming set have consented. 

**************************** 
The UASs size, weight, speed, operating capabilities, and proximity to airpo11s and populated areas all 

satisfy Section 333 ofthe Reform Act. All operations occur within the visual line of sight ofthe 

operator and pose no threat to national security. NG kindly requests consideration to receive a Section 

333 exemption grant to allow the documentary film operation ofNG's UASs in the documentary 

filming industry in accordance with the conditions required, or as may be required, and in accordance 

with the rules and procedures found in the attached safety protocol established for each use of a UAS. 

Sincerely, 

The following exhibits have been submitted via post confidentially to supplement this public electronic 

petition: 

Attachment A: NG's UAS Models/Specs 

Attachment B: Owned Aircraft Policy Certificate 
ATTACHMENT A: NG'S UAS MODELS/SPECS 

1. UAV-2014 AirRobot s/n AR00114 

2. UAV-20154MikroKoptera/n 110210 

3. UAV-2014DJ1 Phantom2+-s/n52114 

4. UA V -OJ 1 S800 s/n 1862 

5. UAV-DJl S800 s/n 1863 

6. UA V -2015 Cinestar-8 HL Octocopter SN: NSN 

7. UAB-2014 DJ1 Phantom 2, s/n 645414027 

Please note that the above are subject to change as parts are replaced and/or upgraded as needed. 
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J CLAIMS-MADE D OCCUR MED EXP (Any one person) $ 

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