September 21

, 2015

Exemption No. 12935 Regulatory Docket No. FAA

− 20 15

− 2473

Mr. Robert Grant KRPC Channel 2 8181 South w est Freeway Houston, TX 77074

Dear Mr. Grant :

This letter is to inform you that we have granted your request for exemption. It transmits our decision, explains its basis, and gives you the conditions and limitations of the exemption, including the date it ends.

By letter posted to the public docket June 26, 2015 , you petitioned the Federal Aviation Administration (FAA) on behalf of KRPC Channel 2 ( hereinafter petitioner or operator ) for an exemption . The petitioner requested to operate an unmanned ai rcraft system (UAS) to conduct aerial photography and videography

. See Appendix A for the petition submitted to the FAA des cribing the proposed operations and the regulations that the petitioner seeks an exemption

. The FAA has determined that good cause exists for not publishing a summary of the petition in the Federal Register because the requested exemption would not set a precedent, and any delay in acting on this petition would be detrimental to the petitioner

.

Airworthiness Certification

The UAS proposed by the petitioner is a DJI Phantom 2

. The petitioner requested relief from 14 CFR part 21, C ertification procedures for products and parts, Subpart H

— Airworthiness Certificates

. In accordance with the statutory criteria provided in Section 333 of P ublic Law 112

− 95 in reference to 49 U

. S

. C

. § 44704, and in consideration of the size, weight, speed, and limited operating area associated with the2

aircraft and its operat ion, the Secretary of Transportation has determined that this aircraft meets the conditions of Section 333. Therefore, the FAA finds that the requested relief from 14 CFR part 21

, C ertification procedures for products and parts, Subpart H

— Airworthiness Certificates , and any associated noise certification and testing requirements of part 36, is
not necessary.

The Basis for Our Decision

You have requested to use a UAS for aerial data collection 1

. The FAA has issued grants of exemption in circumstances similar in all material respects to those presented in your petition. In Grants of Exemption No s

. 11062 to Astraeus Aerial ( see Docket No. FAA−2014−0352), 11109 to Clayco, Inc. ( see Docket No. FAA

− 20 14

− 0507), 11112 to VDOS Global, LLC ( see Docket No. FAA−2014−0382), and 11213 to Aeryon Lab s , Inc. ( see Docket No. FAA−2014−0642), the FAA found that the enhanced safety achieved using an unmanned aircraft (UA) with the specifications described by the peti tioner and carrying no passengers or crew, rather than a manned aircraft of significantly greater proportions, carrying crew in addition to flammable fuel, gives the FAA good cause to find that the UAS operation enabled by this exemption is in the public i nterest.

Having reviewed your reasons for requesting an exemption, I find that

—

 They are similar in all material respects to relief previously requested in Grant of Exemption Nos. 11062, 11109, 11112, and 11213 ;

 The reasons stated by the FAA for granting Exemption Nos. 11062, 11109, 11112, and 11213 also apply to the situation you present; and

 A grant of exemption is in the public interest.

Our Decision

In consideration of the foregoing, I find that a grant of exemption is in the public interest. Therefore, pursuant to the authority contained in 49 U.S.C. 106(f), 40113, and 44701, delegated to me by the Administrator, KRPC Channel 2 is granted an exempti on from 14 CFR §§ 61.23(a) and ( c ), 61.101(e)(4 ) and (5), 61.113(a), 61.315(a) , 91.7(a), 91.119(c), 91.121, 91.151(a)(1), 91.405(a), 91.407(a)(1), 91.409(a)(1) and (2), and 91.417(a) and (b), to the extent necessary to allow the petitioner to operate a UAS to perform aerial data collection

.

Conditions and Limitations

In this grant of exemption, KRPC Channel 2 is hereafter referred to as the operator.

1 Aerial data collection includes any remote sensing and measuring by an instrument(s) aboard the UA. Examples include imagery (photography, video, infrared, etc.), electronic measurement (precision surveying, RF analysis, etc.), chemical measurement (part iculate measurement, etc.), or any other gathering of data by instruments aboard the UA.3

Failure to comply with any of the conditions and limitations of this grant of exemption will be grounds for the immediate suspension or rescission of this exemption.

1. Operations authorized by this grant of exemption are limited to the DJI Phantom 2 when weighing less than 55 pounds including payload. Proposed operations of any other aircraft will require a new petition or a petition to amend this exemption

.

2. Operations for the purpose of closed

- set motion picture and television filming are
not permitted.

3. The UA may not be operated at a speed exceeding 87 knots (100 miles per hour). The exemption holder ma y use either groundspeed or calibrated airspeed to determine compliance with the 87 knot speed restriction. In no case will the UA be operated at airspeeds greater than the maximum UA operating airspeed recommended by the aircraft manufacturer.

4. The UA must be operated at an altitude of no more than 400 feet above ground level (AGL). Altitude must be reported in feet AGL.

5. The UA must be operated within visual line of sight (VLOS) of the PIC at all times. This requires the PIC to be able to use human v ision unaided by any device other than corrective lenses, as specified on the PIC’s FAA

- issued airman medical certificate or U.S. driver’s license.

6. All operations must utilize a visual observer (VO). The UA must be operated within the visual line of sigh t (VLOS) of the PIC and VO at all times. The VO may be used to satisfy the VLOS requirement as long as the PIC always maintains VLOS capability. The VO and PIC must be able to communicate verbally at all times ;

e lectronic messaging or texting is not per mitted during flight operations. The PIC must be designated before the flight and cannot transfer his or her designation for the duration of the flight. The PIC must ensure that the VO can perform the duties required of the VO.

7. This exemption and all do cuments needed to operate the UAS and conduct its operations in accordance with the conditions and limitations stated in this grant of exemption, are hereinafter referred to as the operating documents. The operating documents must be accessible during UAS operations and made available to the Administrator upon request. If a discrepancy exists between the conditions and limitations in this exemption and the procedures outlined in the operating documents, the conditions and limitations herein take precedenc e and must be followed. Otherwise, the operator must follow the procedures as outlined in its operating documents. The operator may update or revise its operating documents. It is the operator’s responsibility to track such revisions and present updated and revised4

documents to the Administrator or any law enforcement official upon request. The operator must also present updated and revised documents if it petitions for extension or amendment to this grant of exemption. If the operator determines that any update or revision would affect the basis upon which the FAA granted this exemption, then the operator must petition for an amendment to its grant of exemption. The FA A’s UAS Integration Office (AFS− 80) may be contacted if questions arise regarding
up dates or revisions to the operating documents.

8. Any UAS that has undergone maintenance or alterations that affect the UAS operation or flight characteristics, e.g.

, replacement of a flight critical component, must undergo a functional test flight prior to conducting further operations under this exemption. Functional test flights may only be conducted by a PIC with a VO and must remain at least 500 feet from other people. The functional test flight must be conducted in such a manner so as to not pose an u ndue hazard to persons and property.

9. The operator is responsible for maintaining and inspecting the UAS to ensure that it is in a condition for safe operation.

10. Prior to each flight, the PIC must conduct a pre

- flight inspection and determine the UAS is in a condition for safe flight. The pre

- flight inspection must account for all potential discrepancies, e.g.

, inoperable components, items, or equipment. If the inspection reveals a condition that affects the safe operation of the UAS, the aircraft is proh ibited from operating until the necessary maintenance has been performed and the UAS is found to be in a condition for safe flight.

11. The operator must follow the UAS manufacturer’s maintenance, overhaul, replacement, inspection, and life limit requirements for the aircraft and aircraft components.

12. Each UAS operated under this exemption must comply with all manufacturer safety bulletins.

13. Under this grant of exemption, a PIC must hold either an airline transport, commercial, private, recreational, or sport pilot certificate. The PIC must also hold a current FAA airman medical certificate or a valid U.S. driver’s license issued by a state, the District of Col u mbia, Puerto Rico, a territory, a possession, or the Federal government. The PIC must also meet the flight revi ew requirements specified in 14 CFR § 61.56 in an aircraft in which the PIC is rated on his or her pilot certificate.

14. The operator may not permit any PIC to operate unless the PIC demonstrates the ability to safely operate the UAS in a manner consistent with how the UAS will be operated under this exemption, including evasive and emergency maneuvers and maintaining approp riate distances from persons, vessels, vehicles and structures. PIC qualification flight hours and currency must be logged in a manner consistent with5

14 CFR § 61.51(b). Flights for the purposes of training the operator’s PICs and VOs (traini ng, proficie ncy, and experience

- building) and determining the PIC’s ability to safely operate the UAS in a manner consistent with how the UAS will be operated under this exemption are permitted under the terms of this exemption. However, training operations may only be conducted during dedicated training sessions. During traini ng, proficiency, and experience

- building flights, all persons not essential for flight operations are considered nonparticipants, and the PIC must operate the UA with appropriate distance from nonparticipants in accordance with 14 CFR § 91.119.

15. UAS operations may not be conducted during night, as defined in 14 CFR § 1.1. All operations must be conducted under visual meteorological conditions (VMC). Flights under special visual flight rules (SVFR) are not authorized.

16. The UA may not operate within 5 nautical miles of an airport reference point (ARP) as denoted in the current FAA Airport/Facility Directory (AFD) or for airports not denoted with an ARP, the center of the airport symbo l as denot ed on the current FAA

- published aeronautical chart, unless a letter of agreement with that airport’s management is obtained or otherwise permitted by a COA issued to the exemption holder. The letter of agreement with the airport management must be made ava ilable to the Administrator or any law enforcement official upon request.

17. The UA may not be operated less than 500 feet below or less than 2,000 feet horizontally from a cloud or when visibility is less than 3 statute miles from the PIC.

18. If the UAS loses communications or loses its GPS sign al, the UA must return to a
pre

- determined location within the pr ivate or controlled

- access property.

19. The PIC must abort the flight in the event of unpredicted obstacles or emergencies.

20. The PIC is prohibited from begi nning a flight unless (considering wind and forecast weather conditions) there is enough available power for the UA to conduct the intended operation and to operate after that for at least five minutes or with the reserve power recommended by the manufactu rer if greater.

21. Air Traffic Organization (ATO) Certificate of Waiver or Authorization (COA). All operations shall be cond ucted in accordance with an ATO

- issued COA. The exemption holder may apply for a new or amended COA if it intends to conduct operati ons that cannot be conducted under the terms of the attached COA

.

22. All aircraft operated in accordance with this exemption must be identified by serial number, registered in accordance with 14 CFR part 47, and have identification (N− Number) markings in acc ordance with 14 CFR part 45, Subpart C. Markings must be as large as practicable.6

23. Documents used by the operator to ensure the safe operation and flight of the UAS and any documents required under 14 CFR §§ 91.9 and 91.203 must be available to the PIC at the Ground Control Station of the UAS any time the aircraft is operating. These documents must be made available to the Administrator or any law enforcement official upon request.

24. The UA must remain clear and give way to all manned aviation operations and activities at all times.

25. The UAS may not be operated by the PIC from any moving device or vehicle.

26. All Flight operations must be conducted at least 500 feet from all nonpartici pating persons, vessels, vehicles, and structures unless:

a. Barriers or structures are present that sufficiently protect nonparticipating persons from the UA and/or debris in the event of an accident. The operator must ensure that nonparticipating persons r emain under such protection. If a situation arises where nonparticipating persons leave such protection and are within 500 feet of the UA, flight operations must cease immediately in a manner ensuring the safety of nonparticipating persons ; and b. The owner/ controller of any vessels, vehicles or structures has granted permission for operating closer to those objects and the PIC has made a safety assessment of the risk of operating closer to those objects and determined that it does not present an undue hazard

. The PIC, VO, operator trainees or essential persons are not considered nonparticipating persons under this exemption.

27. All operations shall be conducted over private or control led

- access property with permission from the property owner/controller or aut horized representative. Permission from property owner/controller or authorized representative will be obtained for each flight to be conducted.

28. Any incident, accident, or flight operation that transgresses the lateral or vertical boundaries of the opera tional area as defined by the applicable COA must be reported to the FA A's UAS Integration Office (AFS− 80) within 24 hours. Accidents must be reported to the National Transportation Safety Board (NTSB) per instructions contained on the NTSB Web site: www.ntsb.gov

. If this exemption permits operations for the purpose of closed

- set motion picture and television filming and production, the following additional conditions and limitations apply.

29. The operator must have a mot ion picture and television operations manual (MPTOM) as documented in this grant of exemption.7

30. At least 3 days before aerial filming, the operator of the UAS affected by this exemption must submit a written Plan of Activities to the local Flight Standards District Office (FSDO) with jurisdiction over the a rea of proposed filming. The 3

- day notification may be waived with the concurrence of the FSDO. The plan of activities must include at least the following:

a. Dates and times for all flights; b. Name and phone number of the operator for the UAS aerial filming conducted under this grant of exemption;

c. Name and phone number of th e person responsible for the on

- scene operation of the UAS; d. Make, model, and serial or N− Number of UAS to be used;

e. Name and certific ate number of UAS PICs involved in the aerial filming; f. A statement that the operator has obtained permission from property owners and/or local officials to conduct the filming production event; the list of those who gave permission must be made available t o the inspector upon request;
g. Signature of exemption holder or representative; and h. A description of the flight activity, including maps or diagrams of any area, city, town, county, and/or state over which filming will be conducted and the altitudes essenti al to accomplish the operation.

31. Flight operations may be conducted closer than 500 feet from participating persons consenting to be involved and necessary for the filming production, as specified in the exemption holder’s MPTOM.

Unless otherwise specifie d in this grant of exemption, the UAS, the UAS PIC, and the UAS operations must comply with all applicable parts of 14 CFR including, but not limited to, parts 45, 47, 61, and 91.

This exemption terminates on September 30, 2017 , unless sooner superseded or rescinded.

Sincerely,

/s/ John S. Duncan Director, Flight Standards Service

Enclosures

### To Whom It May Concern:

In pursuant with Section 333 of the FAA 

### Modernization and Reform Act of2012 and 14 C.F.R. Part 11, KPRC CHANNEL 2, A Graham Media company an operator of a small Unmanned Aircraft System (sUAS) and television industry , seeks an exem ption from the Federal Aviation Regulations (FARs) to allow commercial operations and news gathering of its sUAS. Regulations ("FARs") to allow commercial operation of its sUASs, so long as such operations are conducted within and under the conditions out lined herein or as

ma y 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 i s limited, predetermined, controlled as to access and would provide safety enhancements to the already safe operations in the film and television industry presently using conventional aircraft. Approval of this exemption would thereby enhance safety and fu lfill the Secretary

of Transportation's (the FAA 

### Administrator's) responsibilities to

"

... 

### establish requirements for the safe operation of such aircraft sy stems in the national airspace sy stem." Section 333(c) of the Reform Act.

Information Supporting this Petition as Specified in 14 C.F.R. 

### §11.81

(a) Your name and mailing address and, if y ou wish, other contact information such as a fax number, telephone number, or e

- mail address;

Robert Grant KPRC CHANNEL 2 News. 8181 SouthWest Freeway Houston TX, 77074

- 1705

Email: rgrant@kprc.com

(b) The specific section or sections of 14 C.F.R. from which KPRC CHANNEL 2 seeks an exemption

• 

### 2 1

- Subpart H Certification procedures for products and parts, Airworthiness Certificates

• 45.23

- Display

of marks; general

• 61. 113

- Private pilot privileges and limitations: Pilot in command

• 91.103

- Preflight Actions

• 91.105

- Flight crewmembers at stations

• 91.109

- Flight instruction; Simulated instrument flight and certain flight tests. f)



### • 91.119

- Minimum safe altitudes: Genera l

• 91.121

- Altimetersettings

• 91.151

- Fuel requirements for flights in Visual Flight Rules (VFR) conditions

• 91.203

- Civil aircraft: certification required

• 91.405

- Maintenance required

• 91.407

- Operation after maintenance, preventative maintenance, rebuild ing, and alteration

• 91.409

- Inspections

• 91.417

- Maintenance records (c) The extent of relief Channel 2 seeks, and the reason Channel 2 seeks the relief Channel 2 seeks an exemption for several provisions of 14 C.F.R. Parts 21, 45, 61, and 91 to the e xtent to operate small UASs to record aerial video for commercial and News worthy

purposes. 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 Secretar y of Transportation to consider whether certain unmanned aircraft sy stems

ma y 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 ty pes 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 clos e 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 "ma y operate safely

in the national airspace system, the Secret ary shall establish requirements for the safe operation of such aircraft in the national airspace sy stem" The Federal Aviation Act expressly grants the FAA 

### the authority to issue exemptions. This statutory authority by its terms includes exempting civil

a ircraft, 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. The Administrator may grant an exemption from a requirement of a regulation prescribe d 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; 14CFR§91.203 (a) (1). 

### 14 **C.F** 

### .R. 21

**- Sub**  **part H Certification procedures for products and parts, Airworthiness Certificates**  Channel 2 seeks exemption from 

### 14 **C.F.R. 21, Subpart H** which states the certification procedures for products and parts as well as airworthiness certificates. 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 as set out in the Manual. Unlike other civil aircraft, ope rations under this exemption will be tightly controlled and monitored by both the operator, pursuant to the Manual's requirements, and under the requirements and in compliance with local public safety requirements, to provide security for the area of opera tion as is now done with conventional filming. 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 degr ee 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 nat ional 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. Channel 2 has developed our own training procedures an d regulations to promote and provide safe fly ing experiences for our PIC(s) which can be viewed in section (e) of this petition. Unlike other civil aircraft, operations under this exemption will be tightly controlled and monitored by both the operator, pur suant to the Manual's requirements, and under the requirements and in compliance with local public safety requirements, to provide security

for the area of operation.

**14 C.F.R. §**  

### 45.23 (b). Marking ofthe Aircraft Channel 2 seeks exemption from **14 C.F.R. 45 .23,**  which discusses the display of marks. Specifically

, section 45.23 states, "(a) each operator of an aircraft must display on that aircraft marks consisting of the Roman capital letter "N" (denoting United States registration) followed by the registrati on number of the aircraft. Each suffix letter used in the marks display ed

mu st also be a Roman capital letter (b) when marks include only the Roman capital letter

### "N" and the registration number is display ed on limited, restricted or light

- sport category

a ircraft or experimental or provisionally certificated aircraft, the operator must also displa y 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".

Channel 2 will need exemption from this regulation due to the small size of the aircraft and that there is no cabin, cockpit, or pilot station for the aircraft. The words "Expe rimental" has been placed on the fuselage in compliance with §45.29 (f) where the pilot, observer and others working with the sUAV will see the identification of the UAS 

### as "Experimental." The FAA 

### has issued the following exemptions to this regulation to E xemptions Nos. 10700, 8738, 10167 and 10167 A.



### 14 C.F.R. **§** 

### 61.113 (a) & **(b): Private Pilot Privileges and Limitations: Pilot in Command.**  OpenSky

seeks exemption from 14 C.F.R. 

### 61.113, which discusses private pilot privileges and limitations for the Pilot in command (PIC).

Channel 2 is seeking exemption from this regulation, because OpenSky believes that there is inconclusive evidence that a person with a private pilot certificate can successfully

m aneuver a sUAS without first hand flight experience with the particular sUAS. In fact, having a private pilot license does not automatically ensure competence at fly ing an sUAS in 3rct 

### person view as required to properly operate an sUAS within the required line of sight. However, we believe that the PIC and our FOVO 

### (Field Operation Visual Observer) must be able to understand and correctly interact with the general aviation community . Therefore, we believe our own flight training with the sUAS will be

mo re than satisfactory . Our PI C 

### and FOVO 

### will be both certified in Ground School training to be able to properly interact with General Aviation protocols. They will also actively pursue a private pilot's license as well have the necessary medical qualifications.

**14 C.F.R.** 

### 91.103

**- Preflight Actions** 

Channel 2 seeks exempti on from 14 C.F.R. 

### 91.103 which states that each pilot in command shall, before beginning a flight, become familiar with all available information concerning that flight. This information must include: (a) For a flight under IFR or a flight not in the vicin ity

of an airport, weather reports and forecasts, fuel requirements, alternatives available if the planned flight cannot be completed, and any known traffic dela ys of which the pilot in command has been advised by ATC; 

### actions, including reviewing weather, flight battery requirements, landing and takeoff distances, and aircraft performance data before starting a flight.

Channel 2 will be operating our sUAS 

### in VFR. 

### Our operations manual already includes preflight procedures directly pertaining to our sUAS 

### wh ich includes equipment checklist as well a preplanning details regarding weather conditions, review of any possible flight

### path of general aviation, our mission flight path and weather conditions amongst other

parameters required to complete the mission.

**1 4 C.F.R.**  

### 91.119

**- Minimum safe altitudes: General** 

Channel 2 seeks exemption from 14 C.F.R. 91.119, which discusses minimum safe altitudes. As this exemption is for a sUAS that is a helicopter and the exemption requests authority to operate at altitudes up t o 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, except for the limited conditions stated in the Manual, 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 affe cted individuals will be aware of the planned flight operations as set forth in the Manual. 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 associ ated with these operations is far less than those presently presented with conventional aircraft operating at or below 500 AGL 

### in the

mo vie industry . In addition, the low

- altitude operations of the sUAS will ensure separation between these small

- UAS 

### opera tions and the operations of conventional aircraft that must comply with Section 91.119.

**14 C.F.R. 91.121**

**- Altimeter settings** 
Channel 2 seeks exemption from 14 C.F.R. 91.121, which discusses altimeter settings for lowest usable flight level. C.F.R. 91121 st ates, Current altimeter setting

29.92 (or higher) 29.91 through 29.42 29.41 through 28.92

28.91 through 28.42 28.41 through 27.92 27.91 through 27.42 27.41 through 26.92

Lowest usable flight level 180 185 190

195 200 205 210

_l

### (c) To convert minimum altit ude prescribed under §§91.119 and 91.177 to the minimum flight level, the pilot shall take the flight level equivalent of the minimum altitude in feet and add the appropriate n u m b 

### e r o H e e t s p e c 1 " f 1 e 

### d b e I o w , a c c o r d ' 

### m g t o t h e c u r r e n t r e p o r t e d a I t 1. m e t e r s e t t m g : "

Current altimeter setting

29.92 (or higher) 29.91 through 29.42 29.41 through 28.92 28.91 through 28.42 28.41 through 27.92 27.91 through 27.42 27.41 through 26.92

Adjustment factor None 500 1,000

1,500 2,000 2,500 3,000

Channel 2s UAS uses both GPS 

### altitude and barometric sensors and relay s that information to our ground station. However, this data is used help the sUAS to automatically

maintain position hold at the required elevation and th erefore this code is not pertinent the functionality of this sUAS.

**14 C.F.R. 91.151**

**- Fuel requirements for flights in Visual Flight Rules (VFR)**  **conditions**

Channel 2 seeks exemption from 14 C.F.R. 91.151, which discusses fuel requirements for flight in VFR conditions. Specifically , 91.151 states "(a) No person may begin 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 ofintended 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. (b) No person may begin a flight in a rotorcraft under VFR conditions unless (considering wind and forecast weather

c onditions) there is enough fuel to fly to the first point of intended landing and, assuming normal cruising speed, to fly after that for at least 20 minutes".

Channel 2 sUAS has a ty pical mission time ofless than 10 minutes with maximum flight time of 25 m inutes. Since this amount less than the 30 minute reserve minimum, this reserve minimum would not even make sense in allowing the sUAS a chance to fly

. According to OpenSky 's aircraft flight manual, the PIC is instructed to maintain flight until batter y po wer reaches 25%, or 1st level warning. At this level, landing procedures will be intiated. Once the sUAS reads 20%, 2nd 

### level warning, the flight control sy stem automatically

take over and initiates safe landing sequence at the logged in takeoff point. Cha nnel 2 policy

outlined in our Flight Operations Manual achieves satisfactory safety standards.

### Channel 2 believes that an appropriate and current airworthiness certificate would not be

necessar y to fly

a sUAS given the size of the aircraft and the necessa ry level of skill needed to operate the aircraft. Before putting in to service, each of our sUAS goes through our own airworthiness proceedures of miminum test flight and reliability checks. Also, our sUAS are recalibrated each at the site location before each flight to ensure that all sy stems functions as designed. OpenSky seeks exemption from this regulation because we believe this rule was not meant for a sUAS and operators.

**14 C.F.R. 91.405, 91.407, 91.409, and 91.417**

Channel 2 seeks exemption from 14 C .F.R. 91.405, 91.407, 91.409, and 91.417, which discusses required aircraft maintenance, operation after maintenance, preventive maintenance, rebuilding, or alteration, inspections, and maintenance records. In Channel 2 aircraft flight manual, maintenance and inspection procedures have been established for the aircraft. Channel 2 believes these regulations are meant for manned operated aircrafts and not unmanned sy stems, therefore making them unnecessary . Nevertheless, we seek an exemption from any such sp ecific provisions to the extent FAA 

### finds it necessary to grant this request.

(d) The reasons why

granting Channel 2’s request would be in the public interest; that is, how it would

benefit the public as a whole.

Channel 2 is classified as an News organiz ation and provides news worthy images to viewers. Channel 2‘s use of a sUAS can assist in making task safer and minimize human exposure to being at dangerous elevations. Channel 2‘s sUAS usage in the aerial Commercial and News gathering cinematography wi ll also reduce the time required to captured the needed scenes as compared to convention helicopters or airplanes. Ultimately , the result is quick completion of task an reduction of dangerous elevation perspective needs.

(e) The reasons why

granting the ex em

ption would not adversely affect safety , or how the exemption would provide a level of safety at least equal to that provided by the rule from which Channel 2 seeks exemption Our Engineering department will provide a level of safety that exceeds the lev el of safety required by

the FAA for its use on sUAS. The following are Channel 2‘s safety procedures, features, regulations, and operating specifications for our sUAS:

• The Pilot In Command (PIC) and Field Operations Visual Observer (FOVO) will be require d to wear hard hats, safety vests, and safety

glasses to protect the head

### and e ye s from potential mishaps during given operational flights including training

or testing of sUAS.

• The flight area of the sUAS will be observed for best take off and landing lo cations. Desired conditions include: flat and level surfaces clear of debris, at least 15ft from power lines and structures, and a minimum distance of 12ft from the PIC and observers.

• The sUAS will also be in the Visual Line of Sight (VLOS) to both the PI C and FOVO 

### during all flights.

• Flights must take place during good weather conditions with no rain, low lay ing clouds, or heavy

winds. All flights will take place during day light hours with no evening or late night flights.

• The PIC(s) of the sUAS will at least have 12 training hours or 24 flights accrued before being designated working flights.

• All batteries must be charged completely before each flight and each flight must end when the battery

has a 30% power level remaining.

• A visual safety

inspection will occur before each flight, testing propeller tightness, security m ount of camera/detection equipment, remote range test, and proper safety equipment is adorned to PIC and FOVO.

• The sUAS will be flown under a height of 500 ft AGL

.



### • No PIC or FOVO will engage in, nor may a PIC or FOVO permit, any activity during a critical phase of flight so as to ensure that the sUAS is in a condition for safe flight operation and in a configuration appropriate for the purpose ofthe intended flight.

• If there is more than just an operator at a site during a flight, the PIC operator and observer or FOVO will maintain two

- wa y c ommunication with each other during all operations; if unable to maintain two

- wa y communications, or if any condition occurs that may

otherwise cause the operation to be unsafe, the operator will immediately

conclude the operation.

• If the communication link is lost, the sUAS will go into fail

- safe mode and safely descend to its designated home

- point location. If the communication link is

reconnec ted during fail

- safe mode, control ofthe sUAS can be regained before landing occurs at the home

- point location.

### • There is no fuel or pay load to the sUAS, therefore there will be no potential

explosives or risk of explosion if a crash occurs with the sUAS.

• The sUAS will feature a built in compass that will be recalibrated at every site to maintain accurate directional readings. The compass will also help in keeping the sUAS stable during

flights.



### • The sUAS will record GPS 

### location data once Ready to Fly sta tus has been obtained. A minimum of 6 satellites will activate the Ready to Fly status.



### • The weight of the sUAS is less than 20 lbs.



### • The aircrafts vertical and horizontal aspect concerning hovering accuracy is less than 0.5m and 1.5m respectfully . With a maximum wind resistance of 18mph.



### • The ty

pical aircraft wheelbase will be less than 1 OOOmm 

### in length.



## • The aircraft runs off a Li

- Po batter y. (f) A 

### summar y FAA can publish in the FEDERAL REGISTER, stating: (1) The rule from which y ou seek the exemption; and (2) A 

### brief description of the nature of the exemption y ou seek Petitioner:KPRC CHANNEL 2 News A GRAHAM MEDIA GROUP, LLC. 

### Sections of 14 C.F.R. Affected: 21 Subpart H; 

### 45.23(b); 61.113(a)(b); 91.103; 91.105; 91.109; 91.119(c); 91.121(a)(1)(iii); 91. 151(a)(1); 91.203; 91.405; 91.407; 91.409; and 91.417 Description of Relief Sought: Petitioner seeks relief from the requirements of 14 C.F.R. 21 Subpart H; 

### 45.23(b); 61.113(a)(b); 91.103; 91.105; 91.109; 91.119(c); 91.121(a)(1)(iii); 91.151(a)(1); 91.203 ; 91.405; 91.407; 91.409; and 91.417 to Cinematographic filming subject to operating procedures that meet or exceed those that FAA 

### requires. (g) Any additional information, views or arguments available to support y our request Please see the introduction t o this exemption request. (h) If y ou want to exercise the privileges of your exemption outside of the United States, the reason why

y ou need to do so The Operations described in this exemption request will be conducted wholly within the United States. A ttached hereto, and submitted as a **confidential** document, is our Field Operations Manual. We respectfully submit that good cause exists so that this confidential manual does not need to be published in the Federal Register.

### Please do not hesitate to conta ct me via email at rgrant@kprc.com if y ou have any

questions