April 15, 2015
U.S. Department ofTransportation Docket ManagementSystem 1200 NewJerseyAve. SE Washington, DC 20590 FAA sUAS Exemption Request

Re: Exemption Request Section 333 ofthe FAA Reform Act

Dear Siror Madam:
Pursuant to Section 333 ofthe FAA Modernization and Reform Act of2012 (the Reform Act) and 14C.F.R. Part 11, WBNS-TV Inc, doing business as and publicly branded as WBNS-TV INC. operatorof Small Unmanned Aircraft Systems equipped to conduct aerialvideo recording and live photographyfor television, hereby appliesforan exemption from the listed Federal Aviation Regulations ("FARs) to allow commercial operation ofits sUAS, so long as such operations are conducted within and underthe conditions outlined herein oras may be established bythe FAA as required by Section 333.1
As described morefully below, the requested exemption would permitthe operation ofsmall, unmanned and relatively inexpensive sUAS undercontrolled conditions in airspace thatis 1) limited 2) predetermined 3) controlled as to access and 4) would provide safety enhancementstothe already safe operations in thetelevision industry presently using conventional aircraft. Approval ofthisexemption would therebyenhance safetyand fulfill the Secretary ofTransportation's (the FAAAdministrator's) responsibilitiesto"

... establish requirementsforthe safetyoperation ofsuch aircraftsystems in the national airspace system "Section 333 

### © ofthe Reform Act.
The name and address ofthe applicant is:
WBNS-TV INC. John Cardenas 770Twin Rivers Drive Columbus, Ohio 43215 (614) 460-3700 John.cardenas@10tv.com
The conditions proposed by the applicant are drawnfrom order8900.1 CHG 0, Volume 3, Chapter8- lssue aCertification ofWaiverfor Motion Picture and Television Filming.
This exemption application is expresslysubmitted tofulfill Congress' goal in passing Section 333(a) through (c) ofthe Reform Act. This lawdirectsthe Secretary ofTransportation to considerwhether certain unmanned aircraftsystems may operate safely in the national airspace system (NAS) before completion ofthe rulemaking required underSection 332 ofthe Reform Act. In makingthisdetermination,the Secretary is required to determinewhich types ofUASs do notcreate a hazard to users ofthe NAS orthe public or pose athreatto national security in light ofthefollowing:
-The UAS's size, weight, speed and operational capability: -Operation ofthe UAS in close proximitytoAirport, Power Plants, Fuel Depots and populated areas; and Operation ofthe UAS withinvisual line ofsight ofthe operator.
Reform Act * 333 (a) lastly, ifthe 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. "ld. * 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 *40101 of the Act, which includes sUAS, from the requirement that all civil aircraft must have a current airworthiness certificate. Applicant interprets this prov1s1on to place the duty on the Administrator to not only process applicationsforexemptions under section 333, butforthe Administratorto craft conditions forthe safe operation ofthe UAS, if it should be determined that the conditions set forth herein do not fulfill the statutory requirementsforapproval.
The Administrator may grant an exemption from a requirement of a regulation prescribed under subsection (a) or (b) ofthis section or any sections 44702-44716 ofthis title ifthe Administrator finds the exemption in the public interest. 49 U.S.C. * 44701(f) See also 49 USC *44704; 14CFR *91.203(a) (1).
WBNS-TV INc.'s sUAS are multi rotor craft, weighting 55 orfewer lbs. including payload. They operate, under normal conditions at aspeed ofno more than 50 mph and have the capabilityto 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 WBNS-TV INC. General Operation Manual (hereinafter "GOM"). Such operations will insure thatthe sUAS will"not create a hazard to users ofthe national airspace system orthe public."
Given the small size ofthe sUAS involved and the restricted sterile environment within which theywill operate, the applicant falls squarely within that zone ofsafety (an equivalent level ofsafety) in which Congress envisioned that the FAA must, by exemption allow commercial operations of UASs to commence immediately also due to the size ofthe 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 ofsafety 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 ofthe requested exemptions is in the public interest. Accordingly, the applicant respectfully requests that the FAA grant the requested exemption without delay.

AIRCRAFTAND EQUIVALENT LEVEL OF SAFETYThe applicant proposes thatthe exemption requested herein apply to civil aircraftthat 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 WBNS-TV INC. agrees to be bound when conducting commercial operations underan FAA issued exemption include:
The WBNS-TV INC. GOM is a comprehensive outline of all flight operations and procedures, including proprietary technology procedures that WBNS-TV INC. does notwish to disclose to the general public. Therefore the Manual is made available to this sanctioning body for its use only. An Aircraft Operating Manual has been included covering the Phantom 2 which will be operated by WBNS-TV INC. Other AOM's are in similarformat and available upon request.
Reform Act Section 333 (b)
1. The sUAS will weigh less than 55 lbs. 2. Flights will be operated within line ofsight ofa pilot and/orobserver. 3. Maximumtotalflighttimeforeach operational flightwill 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 planed 5. Minimum crewforeach operation will consist ofthe sUAS pilotwith avisual observer. 6. sUAS pilotwill operate underthe guidance and oversight ofan FAA licensed airman with at least a private pilotcertificate and athird class medical (ifdeemed necessary). 7. sUAS pilot will be Pilot in Command (PIC). Ifa pilot certificate holder otherthan 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 onlyoperate within aconfined "Area ofOperation" as defined in the GOM. 9. A briefing will be conducted in regards to planed sUAS operations priorto each day's production activities. It will be mandatory that all personal that will be performing duties within the boundaries ofthe area ofoperations be presentforthis briefing. 10. The operator will file a FAA form 7711-1 or its equivalent as modified in light ofthe requested exemption withthe 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 ofsafety as described in the GOM. With the advance permission of the relevant FSDO operations at closer range can be approved. 12. The operatorwill submit awritten Plan ofActivitiestothe FSDO three days before the proposed shoot as required in the GOM. 13. All WBNS-TV INC. crews will be trained in operations of UAS generally and received up-to-date information on the particular UAS to be operated as required in the GOM. 14. Observer and Pilotwill atall times be able communicate byvoice. 15. Written and/ororal permission from the relevant property holderswill be obtained. 16. All required permissions and permits will be obtained from territorial, state, county or city jurisdictions, including local law enforcement,fire orotherappropriate governmental agencies.17. Ifthe sUAS loses communications or losses it's GPS signal, the UAS will have capabilityto return to a predetermined location withinthe security perimeterand 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 14C.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 ofan equivalent level ofsafety under Part 11 and Section 333 ofthe 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 ofthe size, weight, speed, operational capability and proximityto 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) operatingwith an airworthiness certificate withoutthe restrictions and conditions proposed.
The sUAS to be operated hereunder is less than SSibs. fully loaded, carries neithera pilot nor passenger, carries no explosive materials orflammable 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 local public safety requirements, to provide security forthe area ofoperation 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 inabilityto carry asubstantial external load.
14C.F.R. *45.23 (b). Markingofthe 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 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 entrancetothe cabin, cockpit or pilot station on which the word "experimental" can be placed

. Given the size ofthe sUAS, two inch lettering will be impossible. The word "Experimental" will be placed on thefuselage 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, 10167 and 10167A.
14C.F.R. *61.113 (a) 

### & (b): Private Pilot Privileges and limitations: Pilot in Command.
Sections 61.113 (a) & (b) limit private pilotsto non-commercial operations. Because the UAS not carrya pilot or passengers, the proposed operations can achieve the equivalent level ofsafety ofcurrent 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 aircraftthat carries the pilot and passengers, the sUAS is a remotely controlled with no living thing on board. The area ofoperation is controlled and restricted, the flights are planned and coordinated in advance as set forth in the GOM. The level to safety provided by the requirements included in the GOM exceeds that provided by asingle individual holding a commercial pilot's certificate operating a conventional aircraft. The risks associated with the operation ofthe sUAS are so diminished from the level of risk associated with commercial operations contemplated by Part 61 when draftedthatallowingoperationsofthe sUAS as requested with a private pilot in a supervisory role aiding the PIC exceeds the present level ofsafety achieved by 14C.F.R. *61.113 (a) & (b).
14C.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 forthe 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 ofsafety check lists priorto each flight, an equivalent level ofsafetywill be provided.
14C.F.R. *91.9 (b) (2): Civil Aircraft Flight Manual in theAircraft.
Section 91.9 (b) (2) provides:
No person mayoperate 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 aircraftacurrent 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 aflight 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 pilotflying 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, 9565B, 10167, 10167A, 10602, 32827 and 10700.14C.F.R. *91.103: Prefightaction
This regulation requires each pilot in command totake certain actions beforeflightto insure the safety ofthe 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) foreach UAS. The PIC willtake 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 forflight instruction unlessthat aircraft has fullyfunctioning dual controls.
sUAS and remotely piloted aircraft, by their design do not have fully functional controls. Flight control is accomplished through the use ofa 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 passenger will be carried in the aircraftand bythe size and speed ofthe aircraft.
14C.F.R. *91.119: Minimumsafe altitudes
Section 91.119 establishes safe altitudes foroperation forcivil 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 oraltitudes 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 feetAbove 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 setforth herein, except forthe 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 consentwhen required.
The equivalent level ofsafety will be achieved given the size, weight, speed ofthe UAS as well as the location where it is operated. No flight will be taken withoutthe permission ofthe 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 ofthe planned fight operation as set forth in the GOM. Compared to fight operationswith aircraft or rotorcraftweightingfar more than the maximum 55 lbs. proposed herein and the lack offlammable fuel, any rick 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 ofconventional aircraftthat mustcomplywith Section 91.119.

14C.F.R. *91.121AltimeterSettingsThis 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 ofsafety will be the operator, pursuanttothe General Operating Manual and Safety check list, confirmingthe altitude ofthe launch site shown on the GPS altitude indicator beforefight.
14C.F.R. *91.151(a): Fuel Requirementsfor Flight in VFR Conditions
Section 91.151 (a) prohibits an individual from beginning "a fight 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 afterthat forat least 30 minutes; or(2) At night,tofly afterthatforat least45 minutes.
WBNS-TV INC requests relieffrom 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 WBNS-TV 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 utilityforwhich the exemption will be granted. Applicant believe that an equivalent level of safety can be achieved by limiting flights to 30 minutes or25% ofbattery powerwhichever happensfirst. This restriction would be morethan 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 itthe following: (1) An appropriate and currentairworthiness certificate

... (a) No person may operate a civil aircraft unless the airworthiness certificate required by paragraph(a) ofthis section oraspecial flight authorization issued under *91.715 is displayed at the cabin orcockpit entrance so that it is legibleto passengers orcrew.' 

### '

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 orto displaythem on the sUAS. Each sUAS operated by WBNS-TV INC. will be registered with the FAA and all documentation carried bythe PIC.
An equivalent level ofsafety will be achieved by keeping these documents atthe 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 ofother 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 Eofthis part and shall between required inspections, except as provided in paragraph(c) ofthis section, have discrepancies repaired as prescribed in part 43 ofthis chapter

..." and others shall insect 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 all 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 ofsafety will 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 immediatelyand will be operatingfrom no higherthan 400 feetAGL. As provided in the GOM, the operatorwill ensure thatthe UAS is in working order priorto initiating flight, perform required maintenance and keep a log of any maintenance performed. Moreover, the operator is the person mostfamiliarwith the aircraft and best suited to maintain the aircraft in an airworthycondition to providethe equivalent level ofsafety.

Pursuant to 14C.F.R Part 11, thefollowing summary is provided for publication in the Federal Register, should itbe determinedthat publication is needed: Applicant seeks an exemption from the following rules:
14 C.F.R. *21 subpart H; 14C.F.R. 45.23(b); 14C.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); 91.40S(a); 91.407(a) (1); 91.409 (a) (2); and 91.417(a) 

### & (b) to operate commercially asmall unmanned vehicle (551bs or less) in video recording and television operations. Approval ofexemptions allowing commercial operations ofsUAS in thevideo recording and creation industrywill enhance safety by reducing risk. Conventional video recording operations usingjet or piston poweraircraft, operate at extremely lowaltitudesjustfeetfrom the subject being recorded and in extreme proximityto people and structures and presentthe risks associated withvehiclesthat weigh in approximately4000 lbs, carrying large amounts ofjetAorotherfuel (140 gallons forjethelicopters, e.g.). Such aircraft mustflyto and from the record location. In contrast, asUAS weighing fewerthan SSibs and powered by batteries eliminatesvirtually all ofthat risk given the reduced mass and lack ofcombustible fuel carried on board. The sUAS is carried tothe record location and notflown. The sUAS will carry no passengers orcrew and therefore will notexpose them tothe risks associated with manned aircraftflights.
The operation ofsmall UASs weighing less than SSibs, conducted in the strictconditions outlined above will provide an equivalent level ofsafety supportingthe grantofthe exemption request herein, including exemptingthe applicantfrom the requirements ofPart 

### 21 and allowing commercial operations. These lightweight aircraftoperate at slow speeds, close tothe ground and in asterile environment and as a result are farsaferthan conventional operations conducted withturbine helicoptersoperating in close proximitytothe ground and people. Privacy
All flights will occurover private orcontrolled access propertywiththe propertyowner's prior consent and knowledge. Video recording will be ofpeople who have also consented to beingvideo recorded orotherwise have agreed to be in the area wherethevideo recording will take place. Satisfaction ofthe criteria provided in Section 

### 333 ofthe Reform Act of

### 2012- size, weight, speed, operating capabilities, proximityto airportsand populated areas as well as operation within visual line ofsight and national security- provide morethan adequatejustificationforthe grantofthe requested exemptions allowing commercial operation ofapplicant's UAS in the motion picture and television industry pursuanttothe Manual appended hereto.

ThankYou, 

# ,;/,,/ /. /L-. / 7 I ,..--

, / John Cardenas WBNS-TV INC. 770Twin River Drive Columbus, Ohio 

### 43215 (614) 460-3700