New World Productions, Inc. 

Todd Andrew Gross 

T: 1-612-338-6448 

todd@newworldproductions.net 

November 3, 2015 

U. S. Department of Transportation 

Docket Management System 

1200 New Jersey Ave., SE 

Washington, DC 20590 

';/ 

'' ./ j .. ~.' ' ; 

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

Federal Aviation Regulations from 14 C.F.R. 45.23(b):14 CFR Part 21:14 CFR 

61.113 (a) & (b); 91.7 (a);91.9 (b) (2);91.103(b); 91.109:91.119; 91.121; 

91.151(a);91.203(a) & (b);91.405 (a); 91.407(a) (1)i 91.409 (a) (2):91.417 (a) & 

{lJl 

Dear Sir or Madam: 

Pursuant to Section 333 of the FAA Modernization and Reform Act of 2012 (the 

Reform Act) and 14 C.F.R. Part 11, New World Productions, Inc., operator of Small 

Unmanned Aircraft Systems ("sUASs") equipped to conduct aerial photography and 

video for the media use, hereby applies for an exemption from the listed Federal 

Aviation Regulations ("FARs") to allow commercial operation of its sUASs, so long as 

such operations are conducted within and under the conditions outlined herein or 

as may be established by the FAA as required by Section 333. 

As described more fully below, the requested exemption would permit the 

operation of small, unmanned and relatively inexpensive sUAS under controlled 

conditions in airspace that is 1) limited 2) predetermined 3) controlled as to access 

and 4) would provide safety enhancements to the already safe operations. Approval 

of this exemption would thereby enhance safety and fulfill the Secretary of 

Transportation's (the FAA Administrator's) responsibilities to " ... establish 

requirements for the safe operation of such aircraft systems in the national airspace 

system." Section 333(c) of the Reform Act. 
The name and address of the applicant is: 

New World Productions, Inc. 

Attn: Todd Andrew Gross 

Ph: 612-338-6448 

Email: todd@newworldproductions.net 

Address: 1500 Jackson St NE, Suite 402, #181, Minneapolis, MN 55413 

1) The conditions proposed by the applicant are drawn from Order 8900.1 CHG 0, 

Volume 3, Chapter 8-Issue a Certificate of Waiver for Media production videography 

Regulations from which the exemption is requested: 

14 CFR Part 21 

14 C.F.R. 45.23(b) 

14 CFR 61.113 (a) & (b) 

14 C.F.R. 91.7 (a) 

14 CFR 91.9 (b) (2) 

14 C.F.R. 91.103 

14 C.F.R. 91.109 

14 C.F. R. 91.119 

14 C.F.R. 91.121 

14 CFR 91.151 (a) 

14 CFR 91.203 (a) & (b) 

14 CFR 91.405 (a) 

14 CFR 407 (a) (1) 

14 CFR 409 (a) (2) 

14 CFR 417 (a) & (b) 

This exemption application is expressly submitted to fulfill Congress' goal in passing 

Section 333(a) through (c) of the Reform Act. This law directs the Secretary of 

Transportation to consider whether certain unmanned aircraft systems may 

operate safely in the national airspace system (NAS) before completion of the 

rulemaking required under Section 332 of the Reform Act. In making this 

determination, the Secretary is required to determine which types of UASs do not 

create a hazard to users of the NAS or the public or pose a threat to national 

security in light of the following: 

• The UAS's 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. 
Reform Act§ 333 (a). Lastly, if the Secretary determines 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." 

ld. §333(c) (emphasis added) 

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

This statutory authority by its terms includes exempting civil aircraft, as the term is 

defined under §40101 of the Act, that includes sUASs, from the requirement that all 

civil aircraft must have a current airworthiness certificate. 

Applicant interprets this provision to place the duty on the Administrator to not 

only process applications for exemptions under section 333, but for the 

Administrator to craft conditions for the safe operation of the UAS, if it should be 

determined that the conditions set forth herein do not fulfill the statutory 

requirements for approval. 

The Administrator may grant an exemption from a requirement of a regulation 

prescribed under subsection (a) or (b) of this section or any sections 44702-44716 

of this title if the Administrator finds the exemption in the public interest. 49 U.S. C. 

§44701(f) See also 49 USC §44711(a); 49 USC §44704; 14 CFR §91.203 (a) (1). 

New World Productions, Inc. sUASs are rotorcraft, weighting 55 or fewer lbs. 

including payload. They operate, under normal conditions at a speed of no more 

than SO knots and have the capability to hover, and move in the vertical and 

horizontal plane simultaneously. They will operate only in line of sight and will 

operate only within the sterile area. Such operations will insure that the sUAS will 

"not create a hazard to users of the national airspace system or the public. 

Given the small size of the sUASs involved and the restricted sterile environment 

within which they will operate, the applicant falls squarely within that zone of safety 

(an equivalent level of safety) in which Congress envisioned that the FAA must, by 

exemption, allow commercial operations of UASs to commence immediately. Also 

due to the size of the UASs and the restricted areas in which the relevant sUASs will 

operate, approval of the application presents no national security issue. Given the 

clear direction in Section 333 of the Reform Act, the authority contained in the 

Federal Aviation Act, as amended; the strong equivalent level of safety surrounding 

the proposed operations, and the significant public benefit, including enhanced 

safety, reduction in environmental impacts, including reduced emissions associated 

with allowing UASs for digital media operations, the grant of the requested 

exemptions is in the public interest. Accordingly, the applicant respectfully requests 

that the FAA grant the requested exemption without delay. 

AIRCRAFT AND EQUIVALENT LEVEL OF SAFETY 

The applicant proposes that the exemption requested herein apply to civil aircraft 

that have the characteristics and that operate with the limitations listed herein. 
These limitations and conditions to which New World Productions, Inc. agrees to be 

bound when conducting commercial operations under an FAA issued exemption 

include: 

1. The sUAS will weigh less than 55lbs. 

2. Flights will be operated within line of sight of a pilot and/or observer. 

3. Maximum total flight time for each operational flight will be 30 minutes. Flights 

will be terminated at 25% battery power reserve should that occur prior to the 

30-minute limit. 

4. Flights will be operated at an altitude of no more than 400 feet AGL or, not more 

than 200 feet above an elevated platform from which filming is planned. 

5. Minimum crew for each operation will consist of the sUAS Pilot, the Visual 

Observer, and the Camera Operator. 

6. The UAS will only operate within a confined "Sterile Area" as defined by best 

practices requiring the establishment of a "Security Perimeter" for the flight 

operations area. 

7. A briefing will be conducted in regard to the planned sUAS operations prior to 

each day's production activities. It will be mandatory that all personnel who will 

be performing duties within the boundaries of the safety perimeter be present for 

this briefing. 

8. The operator will obtain the consent of all persons involved in the filming and 

ensure that only consenting persons will be allowed within 100 feet of the flight 

operation, and this radius may be reduced to 30 feet based upon an equivalent 

level of safety determination. 

9. Pilot and observer will have been trained in operation of UAS generally and 

received up-to-date information on the particular UAS to be operated as required. 

10. Observer and pilot will at all times be able to communicate by voice and/or text. 

11. Written and/ or oral permission from the relevant property holders will be 

obtained. 

12. All required permissions and permits will be obtained from territorial, state, 

county or city jurisdictions, including local law enforcement, fire, or other 

appropriate governmental agencies. 

13. If the sUAS loses communications or loses its GPS signal, the UAS will have 
capability to return to a pre-determined location within the Security Perimeter 

and land. 

14. The sUAS will have the capability to abort a flight in case of unpredicted 

obstacles or emergencies. 

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

(1) 

Subpart H, entitled Airworthiness Certificates, establishes the procedural 

requirements for the issuance of airworthiness certificates as required by FAR 

§91.203 (a) (1). Given the size and limited operating area associated with the 

aircraft to be utilized by the Applicant, an exemption from Part 21 Subpart H meets 

the requirements of an equivalent level of safety under Part 11 and Section 333 of 

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

the Reform Act both authorize the FAA to exempt aircraft from the requirement 

for an airworthiness certificate, upon consideration of the size, weight, speed, 

operational capability, and proximity to airports and populated areas of the 

particular UAS. In all cases, an analysis of these criteria demonstrates that the UAS 

operated without an airworthiness certificate, in the restricted environment and 

under the conditions proposed will be at least as safe, or safer, than a conventional 

aircraft (fixed wing or rotorcraft) operating with an airworthiness certificate 

without the restrictions and conditions proposed. 

The sUAS to be operated hereunder is less than 55 lbs. fully loaded, carries neither a 

pilot nor passenger, carries no explosive materials or flammable liquid fuels, and 

operates exclusively within a secured area. Unlike other civil aircraft, operations 

under this exemption will be tightly controlled and monitored by both the operator, 

and under the requirements and in compliance with local public safety 

requirements, to provide security for the area of operation. The FAA will have 

advance notice of all operations. 

These safety enhancements, which already apply to civil aircraft operated in 

connection with motion picture and television production, provide a greater degree 

of safety to the public and property owners than conventional operations conducted 

with airworthiness certificates issued under 14 C.F.R. Part 21, Subpart H. Lastly, 

application of these same criteria demonstrates that there is no credible threat to 

national security posed by the UAS, due to its size, speed of operation, location of 

operation, lack of explosive materials or flammable liquid fuels, and inability to 

carry a substantial external load. 

14 C.F.R. § 45.23 (b). Marking of the Aircraft 

The regulation requires: 
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 or 

provisionally certificated aircraft, the operator must also display on that aircraft 

near each 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. 

Even though the UAS will have no airworthiness certificate, an exemption may be 

needed as the UAS will have no entrance to the cabin, cockpit or pilot station on 

which the word "Experimental" can be placed. Given the size of the sUAV, two-inch 

lettering will be impossible. The word "Experimental" will be placed on the fuselage 

in compliance with §45.29 (f). 

The equivalent level of safety will be provided by having the sUAV marked on its 

fuselage as required by §45.29 (f) where the pilot, observer and others working 

with the sUAVwill see the identification ofthe UAS as "Experimental." The FAA has 

issued the following exemptions to this regulation to Exemptions Nos. 10700, 8738, 

10167 and 10167 A. 

14 C.F.R. § 61.113 (a) & (b): Private Pilot Privileges and Limitations: Pilot in 

Command. 

Sections 61.113 (a) & (b) limit private pilots to non-commercial operations. 

Because the UAS will not carry a pilot or passengers, the proposed operations can 

achieve the equivalent level of safety of current operations by requiring the PIC 

operating the aircraft to have a private pilot's license rather than a commercial 

pilot's license to operate this small UAS. Unlike a conventional aircraft that carries 

the pilot and passengers, the sUAS is remotely controlled with no living thing on 

board. The area of operation is controlled and restricted, and all flights are 

planned and coordinated in advance. The level of safety provided by the 

requirements exceeds that provided by a single individual holding a commercial 

pilot's certificate operating a conventional aircraft. The risks associated with the 

operation of the sUAS are so diminished from the level of risk associated with 

commercial operations contemplated by Part 61 when drafted, that allowing 

operations of the sUAS as requested with a private pilot as the PIC exceeds the 

present level of safety achieved by 14 C.F.R. §61.113 (a) & (b). 

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

The regulation requires that no person may operate a civil aircraft unless it is in 

airworthy condition. As there will be no airworthiness certificate issued for the 

aircraft, should this exemption be granted, no FAA regulatory standard will exist for 

determining airworthiness. Given the size of the aircraft and the requirements an 

equivalent level of safety will be provided. 

14 C.F.R. § 91.9 (b) (2): Civil Aircraft Flight Manual in the Aircraft 
Section 91.9 (b) (2) provides: 

No person may operate a U.S.-registered civil aircraft ... 

(2) For which an Airplane or Rotorcraft Flight Manual is not required by §21.5 

of this chapter, unless there is available in the aircraft a current approved 

airplane or Rotorcraft Flight Manual, approved manual material, markings, and 

placards, or any combination thereof. 

The sUAS, given its size and configuration has no ability or place to carry such a 

flight manual on the aircraft, not only because there is no pilot on board, but 

because there is no room or capacity to carry such an item on the aircraft. 

The equivalent level of safety will be maintained by keeping the flight manual at 

the ground control point where the pilot flying the sUAS will have immediate access 

to it. The FAA has issued the following exemptions to this regulation: Exemption 

Nos. 8607,8737,8738,9299, 9299A, 9565,95658,10167, 10167A, 10602,32827, 

and 10700. 

14 C.F.R. § 91.103: Preflight action 

This regulation requires each pilot in command to take certain actions before 

flight to insure the safety of flight. As FAA approved rotorcraft flight manuals will 

not be provided for the aircraft an exemption will be needed. An equivalent level of 

safety will be provided. The PIC will take all actions including reviewing weather, 

flight battery requirements, landing and takeoff distances and aircraft performance 

data before initiation of flight. 

14 C.F.R. §91.109: Flight instruction: 

Section 91.103 provides that no person may operate a civil aircraft (except a 

manned free balloon) that is being used for flight instruction unless that aircraft has 

ful1y functioning dual controls. 

sUASs and remotely piloted aircraft, by their design do not have fully functional 

dual controls. Flight control is accomplished through the use of a control box that 

communicates with the aircraft via radio communications. The FAA has approved 

exemptions for flight training without fully functional dual controls for a number of 

aircraft and for flight instruction in experimental aircraft. See Exemption Nos.5778K 

& 9862A. The equivalent level of safety provided by the fact that neither a pilot nor 

passengers will be carried in the aircraft and by the size and speed of the aircraft. 

14 C.F.R. §91.119: Minimum safe altitudes 
Section 91.119 establishes safe altitudes for operation of civil aircraft. Section 

91.119 (d) allows helicopters to be operated at less than the minimums prescribed, 

provided the person operating the helicopter complies with any route or altitudes 

prescribed for helicopters by the FAA. As this exemption is for a sUAS that is a 

helicopter and the exemption requests authority to operate at altitudes up to 400 

AGL, or not more than 200 above an elevated platform from which filming is 

planned, an exemption may be needed to allow such operations. As set forth 

herein, the UAS will never operate at higher than 400 AGL. It will however be 

operated in a restricted area with security perimeter, where buildings and people 

will not be exposed to operations without their pre-obtained consent. 

The equivalent level of safety will be achieved given the size, weight, speed of the 

UAS as well as the location where it is operated. No flight will be taken without the 

permission of the property owner or local officials. Because of the advance notice to 

the property owner and participants in the filming activity, all affected individuals 

will be aware of the planned flight operations. Compared to flight operations with 

aircraft or rotorcraft weighting far more than the maximum 55lbs. proposed herein 

and the lack of flammable fuel, any risk associated with these operations is far less 

than those presently presented with conventional aircraft operating at or below 500 

AGL in the film and media industry. In addition, the low-altitude operations of the 

sUAS will ensure separation between these small-UAS operations and the 

operations of conventional aircraft that must comply with Section 91.119. 

14 C.F.R. §91.121 Altimeter Settings 

This regulation requires each person operating an aircraft to maintain cruising 

altitude by reference to an altimeter that is set " ... to the elevation of the departure 

airport or an appropriate altimeter setting available before departure." As the sUAS 

may not have a barometric altimeter, but instead a GPS altitude read out, an 

exemption may be needed. An equivalent level of safety will be achieved by the 

operator, pursuant to a Safety Check list, confirming the altitude of the launch site 

shown on the GPS altitude indicator before flight. 

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

Section 91.151 (a) prohibits an individual from beginning "a flight in an airplane 

under VFR conditions unless (considering wind and forecast weather conditions) 

there is enough fuel to fly to the first point of intended landing, and, assuming 

normal cruising speed- (1) During the day, to fly after that for at least 30 minutes; 

or (2) At night, to fly after that for at least 45 minutes." 

The battery powering the sUAS provides approximately 40 minutes of powered 

flight. To meet the 30-minute reserve requirement in 14 CFR §91.151, sUAS flights 

would be limited to approximately 10 minutes in length. Given the limitations on 

the UAS's proposed flight area and the location of its proposed operations within a 
predetermined area, a longer time frame for flight in daylight or night VFR 

conditions is reasonable. 

Applicant believes that an exemption from 14 CFR §91.151(a) falls within the 

scope of prior exemptions. See Exemption 10673 (allowing Lockheed Martin 

Corporation to operate without compliance with FAR 91.151 (a)). Operating the 

small UAS, in a tightly controlled area where only people and property owners or 

official representatives who have signed waivers will be allowed, with less than 30 

minutes of reserve fuel, does not engender the type of risks that Section 91.151(a) 

was intended to alleviate given the size and speed of the small UAS. 

Additionally, limiting sUAS flights to 10 minutes would greatly reduce the utility 

for which the exemption will be granted. 

Applicant believes that an equivalent level of safety can be achieved by limiting 

flights to 30 minutes or 25% of battery power whichever happens first. This 

restriction would be more than adequate to return the sUAS to its planned landing 

zone from anywhere in its limited operating area. Similar exemptions have been 

granted to other operations, including Exemptions 2689F, 5745, 10673, and 10808. 

14 C.F.R. §91.203 (a) and (b): Carrying Civil Aircraft Certification and 

Registration 

The regulation provides in pertinent part: 

(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 certificate 

required by paragraph (a) of this 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. 

The UAS fully loaded weighs no more than 55 lbs and is operated without an 

onboard pilot As such, there is no ability or place to carry certification and 

registration documents or to display them on the sUAS. 

An equivalent level of safety will be achieved by keeping these documents at the 

ground control point where the pilot flying the sUAS will have immediate access to 

them, to the extent they are applicable to the sUAS. The FAA has issued numerous 

exemptions to this regulation. A representative sample of other exceptions includes 

Exemption Nos. 9565, 9665,9789, 9789A, 9797,9797 A, 9816A, and 10700. 
14 C.F.R. §91.405 (a); 407 (a) (1); 409 (a) (2); 417(a) & (b): Maintenance 

Inspections 

These regulations require that an aircraft operator or owner "shall have that 

aircraft inspected as prescribed in subpart E of this part and shall between required 

inspections, except as provided in paragraph (c) of this section, have discrepancies 

repaired as prescribed in part 43 of this chapter ... ," and others shall inspect or 

maintain the aircraft in compliance with Part 43. 

Given that these section and Part 43 apply only to aircraft with an airworthiness 

certificate, these sections will not apply to the applicant. Maintenance will be 

accomplished by the operator pursuant to the flight manual and operating 

handbook from the UASs manufacture. An equivalent level of safety will be achieved 

because these small UASs are very limited in size and will carry a small payload and 

operate only in restricted areas for limited periods of time. If mechanical issues 

arise the UAS can land immediately and will be operating from no higher than 400 

feet AGL. As provided in the manufactures manual, the operator will ensure that the 

UAS is in working order prior to initiating flight, perform required maintenance, and 

keep a log of any maintenance performed. Moreover, the operator is the person 

most familiar with the aircraft and best suited to maintain the aircraft in an 

airworthy condition to provide the equivalent level of safety. 

********* 

Pursuant to 14 C.F.R. Part 11, the following summary is provided for publication in 

the Federal Register, should it be determined that publication is needed: 

Applicant seeks an exemption from the following rules:14 C.F.R. §21, subpart H; 14 

C.F.R 45.23(b);14 C.F.R. §§ 61.113( a) & (b);91.7 (a); 91.9 (b) (2);91.103(b);91.109; 

91.119; 91.121; 91.151(a);91.203(a) and (b); 91.405 (a); 91.407 (a) (1); 91.409 (a) 

(2); 91.409 (a) (2) and 91.417 (a) & (b) to operate commercially a small unmanned 

vehicle (55lbs or less) in film and digital media production operations. 

Approval of exemptions allowing commercial operations of sUASs in the digital 

media industry will enhance safety by reducing risk. Conventional film operations, 

using jet or piston power aircraft, operate at extremely low altitudes just feet from 

the subject being filmed and in extreme proximity to people and structures; and 

present the risks associated with vehicles that weigh in the neighborhood of 

4,000lbs., carrying large amounts of jet A or other fuel (140 gallons for jet 

helicopters). Such aircraft must fly to and from the film location. In contrast, a 

sUAS weighing fewer than 55 lbs. and powered by batteries eliminates virtually all 

of that risk given the reduced mass and lack of combustible fuel carried on board. 

The sUAS is carried to the film set and not flown. The sUAS will carry no passengers 

or crew and, therefore, will not expose them to the risks associated with manned 

aircraft flights. 
The operation of small UASs, weighting less than 55 lbs., conducted in the strict 

conditions outlined above, will provide an equivalent level of safety supporting the 

grant of the exemptions requested herein, including exempting the applicant from 

the requirements of Part 21 and allowing commercial operations. These lightweight 

aircraft operate at slow speeds, close to the ground, and in a sterile environment 

and, as a result, are far safer than conventional operations conducted with turbine 

helicopters operating in close proximity to the ground and people. 

Privacy 

All flights will occur over private or controlled access property with the 

property owner's prior consent and knowledge. Filming will be of people who have 

also consented to being filmed or otherwise have agreed to be in the area where 

filming will take place. 

The grant of this exemption request will provide improved safety in both day 

and night operations. 

Satisfaction of the criteria provided in Section 333 of the Reform Act of 2012--

size, weight, speed, operating capabilities, proximity to airports and populated areas 

and operation within visual line of sight and national security - provide more than 

adequate justification for the grant of the requested exemptions allowing 

commercial operation of applicant's UAS in the film and digital media industry 

Todd Andrew Gross 

New World Productions, Inc. 

1500 Jackson Street NE Suite 402, #181. Minneapolis, MN 55413 USA T: (612) 338-6448 

I