# D NA T IONAL GE OGRAPHIC law, Business&: Governmental Affairs jeanne Martyn Fink Vice President and Associate General Counsel

August 5, 2015 U.S. DepartmentofTransportation Docket Management System 1200 NewJersey Ave., SE Washington, D.C. 20590
Re: Exemption Request Section 333 ofthe FAA Reform Act and Part 11 ofthe 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 ofthe National Geographic Society, submitsthis 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 ofits UASs providingthat 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 otherprevailingfederal regulations. As outlined below, our request for exemption would allowthe operation ofsmall UASs under established preset conditions in the airthat 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 ofthis petition for exemption would improve safety as well as provide an opportunity to the Secretary ofTransportation (the FAA Administrator's)to accomplish theirgoal to "
...establish requirementsfor the safe operation ofsuch aircraft systems in the national airspace system." See Section 333(c)ofReform Act. The name and address ofthe 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 pa perNG 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) TheNG exemption application is intendedto achieve Congress' aims in passing Section 333(a)- (c)of the Reform Act. The reform act instructs the Secretary ofTransportation to giveconsideration to whether or not particularUASs 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 ofthe fulfillment ofthe rulemaking requirementofSection 332 ofthe Reform Act. In consideration ofthe petition the Secretary should consider which UASs are neither a danger to participants ofthe NAS or the public at large or present the potential to threatenthe national security ofthe United States. Accordingto the Reform Act§ 333 (a), the following factors should be considered:
• The UAS's size, weight, speed, and operational capability;
• Operation ofthe UAS in close proximityto airports and populated areas; and
• Operation ofthe UAS within visual line ofsight ofthe operator. Ifthe Secretary decides that such vehicles "may operate safely in the national airspace system, the Secretary shall establish requirements for the safe operation ofsuch aircraft inthe 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, ifnecessary, for the FAA to create standards for safe use ifsuch standards proposed in this petition for exemption fail to meet statutory requirementsfor approval The authority for the FAA to issue such an exemption is expressly granted in The Federal Aviation Act. This statutory authority'sterms include an exemption for civil aircraft, as defined under §40101 ofthe FederalAviation Act, and includes UASs, with the intent to exempt such from the mandate that every civil aircraft be required to possess a validairworthiness certificate. Ifthe Administrator finds the exemption request in the public interest the Administratormay grant an exemption from requirementsofthe regulations promulgatedunder subsections (a) or (b) or sections 44702-44716 ofthis 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 ofa regulation prescribed under subsection (a) or (b) ofthis section or any sections 44702-44716 ofthis title ifthe Administrator finds the exemption in the public interest. 49 U.S.C. §4470l(f) See also 49 USC §4471l(a); 49 USC §44704; 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, of55lbs or less. The UASs are capable ofmoving in vertical and horizontal positions at the same time. The UASs can hover and are restricted to speeds ofno more than 25mph as implementedbythe duly trained operator. It is Congress's intent that the FAA allowcommercial UAS operations to begin immediately through the process ofa granted exemption as long as the proposed operations satisfY the proper zone of safety. The limited size, intended cargo (filming equipment) and secure localityensure there is zero national securitythreat stemming from granting approval ofthe operations ofthese particular UASs. The administrator should grant this application request because it carries out the intent ofSection 333 ofthe Reform Act in addition to the authority ofthe Federal Aviation Act. The grant is in the best interests ofthe publicbecause it limits harmful environmental factors and enhances the safety ofboth the public at large and filming industry staff. Applicants hereby requesttheir application for exemption be considered and approved as soon as it can be processed. AIRCRAFT CHARACTERISTICS AND SAFETY LEVELEQUIVALENTS 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 othermanned civil aircraft to achieve many tasks that non-combustible unmanned UASs can accomplish with the equivalent or betterlevel ofsafety. NG proposes and agrees to the followinglimitations and conditions for documentary filming UAS operations conducted under a granted FAA exemption: 1. Thetotal combined weight ofthe UASs and attached equipmentwill weigh 55lbs or less. 2. Atall times the pilot will operatethe UAS in an unbroken visual line ofsight (VLOS)
. 3. Noflight operations will fly for more than 30 consecutive minutes without first landing and changingthe batteries and conducting necessary safety checks. 4. Oncethe battery is at 30%cajEi1ythe operatormust begin return to ground procedures. The UASs are not permittedto operatebelow 20%battery. 5. Maximum flight altitude shall not exceed 400 AGL. 6. Aminimum two man crew consisting ofthe UAS Pilot andthe Camera Operator are required to conduct operations. 7. The UASs Pilotin 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. APIC will not operate an UAS within 5 miles ofthe center ofan airpo11 without permission from the local FSDO and clearance from the control tower ofthe airport. I0. UASs will only operate in a properly secured area. NG pre-flight safety procedures require a secured perimeteras described in pre-flight safety protocols. 11. Amandatory briefingthat all participating personnel (persons allowed into the filming perimeter)must attend in order to go over all pre-flightsafety 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 ofthe property owners. 14. Any necessary required permission and/orpermits from territorial, state, county or city jurisdictions, local law enforcement, fire department, or appropriategovernment agencies will be obtained accordingly. 15. In the case ofemergency, loss ofcommunications 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. Part21, SubpartH: 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 ofthe UASs and limited perimeter ofthe secured operations area allow for an equivalent level ofsafety as envisioned in Part 11 and Section 333 ofthe reform act. TheFAA is permitted to exempt aircraft from the airworthiness certificate requirement as provided in The FederalAviation Act (49 U.S.C.§44701 (f))

### and Section 333 ofthe Reform Act. An exemption may be permittedafterconsideration ofthe size, weight, speed, operational capability, distance from airports and amount ofpersons 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 operatejust as safe ifnot safer than conventional aircraft with an airworthiness certificate. The UASs weigh less than 55 lbs with a full load and cannot carry a pilot orhold any passengers. The UASs do not carry fuel or any otherexplosive or flammable liquids, and will only be operated within the secured zone as provided for in the NG safety protocol established for each use ofa UAS. The petition for exemption will only allow for tightly controlled and very closelyobserved operations. The FAA will be informed in advance ofthe 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 ofthe conduct limitations provided for in this petition that are inapplicable to the latter. The UASs safety requirements are similarto 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, orany locality found within or without the United States
. The purpose ofthe operations ofthe 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 offlammable 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, orhas received individualized instruction in the proper operation ofthe

### UAS from the manufacturer. In Grant ofExemptionNo. 11062 to AstraeusAerial (Astraeus),the FAA determined that a PIC with a private pilot's certificate operatingthe AstraeusUAS 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 ofsafety and potentially helps exceed current safety levels when compared to manned aerial flights. Theknowledge NG has about UAS operations isrelevant and supplements the safety awareness the PIC learns from getting a private pilot's certificate. NG provides safety and education through the use ofthe safety operations protocol, pre-flight safety checks and proper care for its UASs. 14 C.F.R. §91.7(a): Civil aircraftairworthiness. Agrant ofexemption from 91.7 is needed because there will be no airworthiness certificate. The airworthy conditions will be determined according to NG's safetyprotocol establishedfor each use ofa UAS. The pre-flight safety procedures found in NG'sprotocol provides for an equivalent level ofsafety. ThePIC 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 ofcivil aircraft. This request for exemption asks for the submitted UASs to be permittedto operate at altitudes up to 400 AGL. All operations will occur in a pre secured area where all persons and property present will have giventheir informed consent. The location, size, weight and speed ofthe UASs provide for an equivalent level ofsafety. Conventional aircraft flying below 500 AGL present a much greater riskto 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 lowaltitude will actually create an unintended buffer betweenUASs 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 operatewithin 500 AGL ofany "person, vessel, vehicle or structure". Dueto the documentary filming nature ofthe UASs operations,we request filming operations be permitted from much closer distances. This would all take place in accordance with pre flight safetyprocedures. Filming with UASs instead ofmanned helicopters provides an increased level ofsafety to the public and the crew working on the site. 14 C.F.R. §91.121 AltimeterSettings 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 ofsafety through use ofGPS altitude equipment. The GPS componentattached to the UAS uses a communications telemetry data linkto send the AGL information to the PIC to effectively monitor safety and the flightpath. Methods include GPS triangulation, digitally encoded barometric altimeter, radio altimeter or any combination. TheGPS onthe 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 offuel beyond their time to take offand land under normal conditions ifit's during the day and 45 minutes for the night. Since the UASs can only operatefor 30-45mins total, before landing and replacing their batteries, an exemption may be needed. Allowing UAS operations until battery life has reached 20% ofits full strength will ensure an equivalent level ofsafety 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 ofemergency 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 Theseregulations are for conventional aircraft with an airworthiness certificate and are therefore incompatible with the operations ofan 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 componentsthat a typical aviation inspector would lack. The size, payload, location restrictions and height limits allowfor an equivalent level ofsafety
. Maintenance shall be performed on a dailybasis as required and a log ofall maintenanceactivities 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 followingrules: 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 operatefor 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 riskto on set personnel and property. Currently, most aerial filming is done byvarious filming studios using manned airplanes. Theseairplanes weigh thousands ofpounds and require the use ofcombustible gasoline in orderto operate. In comparison, an Unmanned Aerial System can accomplish the same documentary filming operations with an equivalent orbetter level ofsafety because they are lightweight, battery operated, and not equippedto carry persons. The exemption should be granted to allowthe documentary film operation ofNG'sUASs underthe strict conditions outlined above. The UASs are much slowerthan conventional aircraft and operate in a pre secured area, therefore, providing an equivalentlevel ofsafety. TheUASs pose a reduced riskto on set filming when comparedto conventional aircraftnearpersons and/orproperty. 

### Privacy Permission from property owners will beobtained priorto filming. UAS operations may not proceed unless persons proximateto the filming sethave 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 ofsight ofthe operator and pose no threat to national security. NG kindly requests consideration to receive a Section 333 exemption grantto 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 ofa UAS. Sincerely,

The following exhibits have been submitted via postconfidentiallyto supplementthis public electronic petition: AttachmentA: NG'sUAS Models/Specs AttachmentB: Owned Aircraft PolicyCertificateATTACHMENT 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. UAV-OJ 1S800 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 notethatthe above are subjectto change as parts are replaced and/or upgraded as needed
.

## 1.,C~RD **®** 

# CERTIFICATE OF LIABILITY INSURANCE 

# I DATE (MM/DDIYYYY) 8/5/2015 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: Ifthe certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. IfSUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER

**~~~1~C T**  Rutherfoord, A Marsh & Mclennan Agency LLC Co
.

**r11g N~o**  **.** E x!l:703-354- 161 6 

## I

**r~ Nol**  **703-~54-2731** 5500 Cherokee Avenue, Suite 300 E-MAIL -= utherfoord
.com Alexandria VA 22312 ADDRESS: INSURER(S] AFFORDING COVERAGE NAIC# INSURER A :St1'!rr Jndemnitv & LiabilitV _G.mnP.aR V B8318 INSURED NATIOGEOG INSURERS: National Geographic Society ; INSURERC: NGHT, LLC INSURER D: Attn : Joan Hewitt 1145 17th Street, NW INSURER E : WashinQton DC 20036 INSURERF: COVERAGES CERTIFICATE NUMBER: 2026157439 REVISION NUMBER:

THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED
. NOlWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES
. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR TYPE OF INSURANCE



### ~~i**,s;:~**

**~:~hl5~1 t~m-J5~**  LIMITS LTR POLICY NUMBER GENERAL LIABILITY EACH OCCURRENCE $ 1-

**~~~~~~ Y~~~~ence)**  COMMERCIAL GENERAL LIABILITY $



## JCLAIMS-MADE 

# D OCCUR MED EXP (Any one person) $ 1- PERSONAL &ADV INJURY $ GENERALAGGREGATE $rn'LAGGRnE LIMITAP n SPER: PRODUCTS - COMP/OP AGG $ POLICY 

## m?r LOC $ AUTOMOBILE LIABILITY lEa

**ac dde~lriNu**  **I::** LIMII srANYAUTO BODILY INJURY (Perperson) $ 1- ALL OWNED - SCHEDULED AUTOS AUTOS BODILY INJURY (Per accident) $ r- - NON-OWNED

**jp~9~2c~d~t?AMAGE** HIRED AUTOS AUTOS $ 1- - $ UMBRELLA LIAB HOCCUR EACH OCCURRENCE $ r- EXCESS LIAB CLAIMS-MADE AGGREGATE $ OED 

## I

**~** RETENTION $ $ WORKERS COMPENSATION 

## I

**T~~~I1}1-.¥s**

## I I

**OJ~-** AND EMPLOYERS' LIABILITY Y/N ANY PROPRIETOR/PARTNER/EXECUTIVE

# D N/A E.L. EACH ACCIDENT $ OFFICER/MEMBER EXCLUDED? (Mandatory in NH) E
.L
. DISEASE- EA EMPLOYEE S If

**~es ,**  describe under D SCRIPTION OF OPERATIONS below E.L. DISEASE - POLICY LIMIT $ A Owned UAV Liability 100031584301 1/15/2015 4/30/2016 Each Occurrence $2,000,000 (Aviation/UA V) Aggregate $2,000,000
DESCRIPTION OF OPERATIONS I LOCATIONS IVEHICLES (Attach ACORD 101,Additional Remarks Schedule, Ifmore space Is roqulred) Re: Proofofcoverage

CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN National Geographic ACCORDANCE WITH THE POLICY PROVISIONS. 1145 17th Street NW Washington DC 20036 AUTHORIZED REPRESENTATIVE
I 

# ~V\



# ~ © 1988-2010 ACORD CORPORATION. All rights reserved. ACORD 25 (2010/05) The ACORD name and logo are registered marks ofACORD