May 20,2015 

U.S. Department of Transportation 

Docket Management System 

1200 New Jersey Ave. SE 

Washington, DC 20590 

FAA sUAS Exemption Request 

Re: Exemption Request Section 333 of the FAA Reform Act 

Dear Sir or Madam: 

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

and 14 C.F.R. Part 11, Videolndiana, Inc., doing business as and publicly branded as WTHR TV, 

operator of Small Unmanned Aircraft Systems equipped to conduct aerial video recording and live 

photography for television, hereby applies for an exemption from the listed Federal Aviation 

Regulations {"FARs") to allow commercial operation of its sUAS, so long as such operations are 

conducted within and under the conditions outlined herein or as may be established by the FAA as 

required by Section 333.1. 

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

small, unmanned and relatively inexpensive sUAS under controlled condition in airspace that is 1) 

limited, 2) predetermined, 3) controlled as to access, and 4) would provide safety enhancements to 

the already safe operations in the television industry presently using conventional aircraft. 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 safety 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: 

Videolndiana, Inc. 

Larry Delia 

President & General Manager 

1000 N. Meridian St. 

Indianapolis, IN 46204 

(317) 636-1313 

ldelia@wthr.com 

The conditions proposed by the applicant are drawn from order 8900.1CHG 0, Volume 3, ChapterS 

-Issue a Certification ofWaiverfor Motion Picture and Television Filming. 

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 oft he UAS in close proximity to Airport, Power Plants, Fuel Depots 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 safety in the 

national airspace system, the Secretary shall establish requirements for the safe operation of such 

aircraft in the national airspace system." I d.* 333 (c)( emphasis added) 2. 

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

statutory authority by its terms includes exempting civil aircraft, as the term is defined under *401 01 of 

the Act, which includes sUAS, 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 44702-4471 6 of this title if the Administrator finds 

the exemption in the public interest. 49 U.S.C. * 44701(f) See also 49 USC *44704; 14CFR *91.203{a) (1). 

Videolndiana, Inc.'s sUAS are multi rotor craft, weighing 55 or fewer lbs. including payload. They 

operate, under normal conditions, at a speed of no more than 50 mph 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 described in the Videolndiana, Inc., General Operation 

Manual (hereinafter "GOM"). 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 sUAS 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 sUAS 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 movie and television 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 LEVELOFSAFETY 

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 provide for at least 

an equivalent or even higher level of safety to operations under the current regulatory structure 

because the proposed operations represent a safety enhancement to the already safe movie and 

television filming operations conducted with conventional aircraft. 
These limitations and conditions to which Videolndiana, Inc. agrees to be bound when conducting 

commercial operations under an FAA issued exemption include: 

The Videolndiana, Inc., GOM is a comprehensive outline of all flight operations and procedures. A 

reference copy will be kept with the sUAS operator at all times the sUAS is in operation. An Aircraft 

Operating Manual covering the DJI Inspire I or any other aircraft which will be operated by 

Videolndiana, Inc. will also be kept with the sUAS operator at all times the sUAS is in operation. 

Reform Act Section 333(b) 

1. The sUAS will weigh less than 551bs. 

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

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

4. Flights will be operated at an altitude of no more than 400 feet AGL or not more than 200 feet 

above an elevated platform from which video recording is planned. 

5. Minimum crew for each operation will consist of the sUAS pilot with a visual observer. 

6. sUAS pilot will operate under the guidance and oversight of an FAA licensed airman with at least 

a private pilot certificate and a third class medical (if deemed necessary). 

7. sUAS pilot will be Pilot in Command (PIC). If a pilot certificate holder other than the sUAS pilot 

who possess the necessary PIC qualifications is also present on set (i.e. the Aerial Coordinator) 

that person can also be designated as PIC. 

8. The UAS will only operate within a confined "Area of Operation" as defined in the GOM. 

9. A briefing will be conducted in regards to planed sUAS operations prior to each day's production 

activities. It will be mandatory that all personnel that will be performing duties within the 

boundaries of the area of operations be present for this briefing. 

10. The operator will file a FAA form 7711-1 or its equivalent as modified in light of the requested 

exemption with the appropriate Flight Standards District Office (FSDO). 

11. The operator will obtain the consent of all persons involved in the video recording 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 as described in the GOM. 

With the advance permission of the relevant FSDO operations at closer range can be approved. 

12. The operator will submit a written Plan of Activities to the FSDO three days before the proposed 

shoot as required in the GOM. 

13. All Videolndiana, Inc., crews will be trained in operations of UAS generally and will receive up-to-date 

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

14. Observer and Pilot will at all times be able to communicate by voice. 

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

16. All required permissions and permits will be obtained from territorial, state, county or city 

jurisdictions, including local law enforcement, fire or other appropriate governmental agencies. 

17. lfthe sUAS loses communications or loses its GPS signal, the UAS will have capability to return 

to a predetermined location within the security perimeter and land. 

18. The sUAS will have the capability to abort a flight in case of unpredicted obstacles or 

emergencies. 
14C.F.R. Part21, Subpart H: Airworthiness Certificates 14 C.F.R. *91.203 (a) (1) 

Subpart H, entitled Airworthiness Certificates, establishes the procedural requirements for the 

issuance of airworthiness certificates as required by FAR* 91.203 (a) (1). Given the size and limited 

operating area associated with the aircraft to be utilized by the applicant, an exemption from Part 21 

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

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

authorize the FAA to exempt aircraft from the requirement for an airworthiness certificate, upon 

consideration of the size, weight, speed, operational capability and proximity to airports, power plants, 

fuel depots and populated areas of the particular UAS. In the restricted environment and under the 

conditions proposed will be at least as safe as or safer than a conventional aircraft (fixed wing or 

rotorcraft) operating with an airworthiness certificate without the restrictions and conditions proposed. 

The sUAS to be operated hereunder is less than 551bs. fully loaded, carries neither a pilot nor passenger, 

carries no explosive materials or flammable liquid fuels and operates exclusively within a secured area 

as set out in the General Operating Manual. Unlike other civil aircraft operations under this exemption 

will be tightly controlled and monitored by both the operator pursuant to the manual's requirements as 

well as under the requirements and in compliance with bcal public safety requirements, to provide 

security for the area of operation as is now done with conventional video recording. The FAA will have 

advance notice of all operations. These safety enhancements, which already applies to civil aircraft 

operated in connection with motion picture and 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 and operation, location of operation, lack of explosive materials or flammable liquid fuels and 

inability to carry a substantial external load. 

14C.F.R. *45.23 (b). Marking of theAircraft 

The regulation requires: 

When marks include only the Roman capital letter "N" and the registration number is 

displayed on limited restricted or light-sport category aircraft 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 sUAS, 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 sUAS marked on its fuselage as 

required by *45.29 (f) where the pilot, observer and others working with the sUAS will see the 

identification of the UAS as "Experimental". The FAA has issued the following exemptions to this 

Exemptions Nos.10700,8738, 10167and 10167A. 
14 C.F.R. *61.113 (a) & (b): Private Pilot Privileges and limitations: Pilot in Command. 

Sections 61 .113 (a) & (b) limit private pilots to non-commercial operations. Because the UAS 

does not carry a pilot or passengers, the proposed operations can achieve the equivalent level of 

safety of current operations by requiring the PIC operating the aircraft to operate under the 

supervision of a private pilot's license holder rather than a commercial pilot's license holder. Unlike 

a conventional aircraft that carries the pilot and passengers, the sUAS is remotely controlled with 

no living thing on board. Thearea of operation is controlled and restricted, the flights are planned 

and coordinated in advance as set forth in the GOM. The level of safety provided by the 

requirements included in the GOM exceeds thatprovided by a single individual holding a commercial 

pilot's certificate operating a conventional aircraft. 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 sUASas requested with a private pilot in a 

supervisory role aiding the PIC exceeds the present level of safety achieved by 14 C.F.R. *61.113 (a) 

&(b). 

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

The 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 contained in the General Operating Manual for maintenance as 

well as use of safety check lists prior to each flight, 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, marking and placard 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, 8738, 9299, 9299A, 9565, 95658 , 10167, 101 67A, 10602, 32827 and 10700. 

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

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

the safety of the 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 as set forth in the Aircraft 

Operation Manual (AOM) for each UAS. The PIC will take all actions as described in the GOM and 

AOM. 
14C.F.R. *91.109: Flight instructions: 

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

balloon) that is been used for flight instruction unless that aircraft has fully functioning dual controls. 

sUAS and remotely piloted aircraft, by their design do not have fully functional 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 is provided by the fact that neither a pilot nor 

passenger will be carried in the aircraft and by the size and speed ofthe aircraft. 

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

Section 91.119 establishes safe altitudes for operation for civil aircraft. Section 91 .119 (d) allows 

helicopters to be operated at less than the minimums prescribed, provided the person operating the 

helicopter complies with any route or altitudes prescribed for helicopters by the FAA. As this exemption 

is for sUAS that is a helicopter and the exemption requests authority to operate at altitudes up to 400 

feet Above Ground Level (AGL) or not more than 200 feet above an elevated platform from which video 

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

except for the limited conditions stated in the General Operating Manual, the UAS will never operate at 

higher than 400 feet 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 

notification and consent when required . 

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 video 

recording activity, all affected individuals will be aware of the planned fight operation as set forth in the 

GOM. Compared to fight operations with aircraft or rotorcraft weighting far more than the maximum 55 

lbs. 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 

movie industry. In addition, the low-altitude operations of the sUAS will ensure separation between 

these smaii-UAS operations and the operations of conventional aircraft that must comply with Section 

91.119. 

14C.F.R. *91.121AitimeterSettings 

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 theoperator, 

pursuant to the General Operating Manual and Safety check list, confirming the altitude of the launch site 

shown on the GPS altitude indicator before fight. 
14 C.F.R. *91.151(a): Fuel Requirements for Flight inVFR Conditions 

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

conditions unless (considering wind and forecast weather conditions) there is enough fuel to fly to the 

first point of intended landing and assuming normal cruising speed - (1) During the day, to fly after 

that for at least 30 minutes; or (2) At night, to fly after that for at least 45 minutes. 

Videolndiana, Inc., requests relief from Section 91.151 due to the battery life that powers the 

sUAS. Typical aerial batteries provide approximately 40 minutes of powered flight. To meet the 30 

minute reserve requirement in 14 CFR *91.151, sUAS flights would be limited to approximately 10 

minutes in length. In relief of the 30-minute reserve, given the limitations on the UAS's proposed 

area of predetermined operation, a longer time frame for flight might be reasonable. As per 

Videolndiana, Inc.'s GOM, flight times will never exceed 75% of the battery(s) consumption or 25% 

reserve; whichever happens first. 

Applicants believes that an exemption from 14 CFR *91.1519(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 sUAS in 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 risk 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 believe 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 Exemption 2689F, 5745, 

10673 and 10808. 

14C.F.R. *91.203 (a) & (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 ... 

(a) 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 on board pilot. As 

such, there is no ability or place to carry certification and registration documents or to display them 

on the sUAS. Each sUAS operated by Videolndiana, Inc., will be registered with the FAA and all 

documentation carried bythe PIC. 

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, 9816A 

and 10700. 

14C.F.R. *91.405(a); 404(a) (1);409(a) (2); 417(a) & (b): Maintenance Inspections 

These regulations require that an 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 sections and Part 43 apply only to aircraft with airworthiness certificate, these 

sections will not apply to the applicant. Maintenance will be accomplished by the operator 

pursuant to the guidelines set forth in the maintenance manuals designed for each UAS. An 

equivalent level of safety wi ll be achieved because these small UASs are very limited in size and will 

carry a small payload as well as 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 GOM, 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 14C.F.R Part 11 , the following summary is provided for publication in the Federal Register, 

should it be determined that publication is needed: 

Videolndiana, Inc. 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) & (b); 91.405(a); 91.407(a) (1 ); 91.409 (a) (2); and 91.417(a) 

& (b) to operate commercially a small unmanned vehicle (55 lbs. or less) in video recording and television 

operations. 

Approval of exemptions allowing commercial operations of sUAS in the video recording and 

creation industry will enhance safety by reducing risk. Conventional video recording operations using jet 

or piston power aircraft, operate at extremely low altitudes just feet from the subject being recorded 

and in extreme proximity to people and structures and present the risks associated with vehicles that 

weigh approximately 4000 lbs. and carry large amounts of jet A or other fuel (1 40 gallons for jet 
helicopters,e.g.). Such aircraft must fly to and from the record location. In contrast, a sUAS 

weighing fewer than 551bs 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 record 

location 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 weighing less than 55 lbs., conducted in the stri ct conditions 

outlined above w ill provide an equivalent level of safety supporting the grant of the exemption 

request herein, including exempting the applicant from the requirements of Part 2 1 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. Video recording w ill be of people who have also consented to being 

video recorded or otherwise have agreed to be in the area where the video recording will take 

place. 

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, as well as operation 

within v isual 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 motion 

picture and television industry pursuant to the Manual appended hereto. 

Accordingly, Videolndiana, Inc. respectfully requests that the FAA grant its exemption request set forth herein. 

Respectfully. 

Indianapolis, IN 46204 

(317)636-1313