April 15, 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, WBNS-TV Inc, doing business as and publicly branded as WBNS-TV INC. 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 conditions in airspace that is 1) limited 2) 

predetermined 3) controlled as to access and 4) would provide safety enhancements to the already safe 

operations in the television industry presently using conventional aircraft. Approval ofthis 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 © of the Reform Act. 

The name and address of the applicant is: 

WBNS-TV INC. 

John Cardenas 

770 Twin Rivers Drive 

Columbus, Ohio 43215 

(614) 460-3700 

John.cardenas@10tv.com 

The conditions proposed by the applicant are drawn from order 8900.1 CHG 0, Volume 3, Chapter 8-

lssue a Certification of Waiver for 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 of the 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. "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 

applications for exemptions under section 333, but for the Administrator to craft conditions for the safe 

operation of the UAS, if it should be determined that the conditions set forth herein do not fulfill the 

statutory requirements for approval. 

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

subsection (a) or (b) of this section or any sections 44702-44716 of this title if the Administrator finds 

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

WBNS-TV INc.'s sUAS are multi rotor craft, weighting 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 WBNS-TV 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 LEVEL OF SAFETY 
The applicant proposes that the exemption requested herein apply to civil aircraft that have the 

characteristics and that operate with the limitations listed herein. These limitations 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 under an 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 not wish 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 similar format 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 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 planed 

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 personal 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 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 Pilot will at all times be able 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. If the sUAS loses communications or losses it's 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. 

14 C.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 SSibs. 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 local 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. 

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

The regulation requires: 

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

displayed on limited restricted or light- sport category aircraft or 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, 10167 and 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 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 a remotely controlled with no living thing on board. The 

area of operation 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 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 ofthe sUAS 

as 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 aircraft airworthiness. 

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

condition. As there will be no airworthiness certificate issued for the aircraft, should this exemption be 

granted, no FAA regulatory standard will exist for determining airworthiness. Given the size of the 

aircraft and the requirements 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, 9565B, 10167, 10167A, 

10602, 32827 and 10700. 
14 C.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. 

14 C.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 provided by the fact that neither a pilot nor passenger 

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

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

Section 91.119 establishes safe altitudes for operation 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 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 of conventional aircraft that must comply with Section 91.119. 

14 C.F.R. *91.121 Altimeter Settings 
This regulation requires each person operating an aircraft to maintain cruising altitude by 

reference to an altimeter that is set " ... to the elevation of the departure airport or an appropriate 

altimeter setting available before departure." As the sUAS may not have a barometric altimeter but 

instead a GPS altitude read out, an exemption may be needed. An equivalent level of safety will be the 

operator, pursuant to the General Operating Manual and Safety check list, confirming the altitude ofthe 

launch site shown on the GPS altitude indicator before fight. 

14 C.F.R. *91.151(a): Fuel Requirements for 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 after that 

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

WBNS-TV 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 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 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. 

14 C.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 WBNS-TV INC. will be registered with the FAA and all 

documentation carried by the 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. 

14 C.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 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 of safety 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 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 14 C.F.R Part 11, the following summary is provided for publication in the Federal 

Register, should it be determined that publication is needed: 

Applicant seeks an exemption from the following rules: 

14 C.F.R. *21 subpart H; 14 C.F.R. 45.23(b); 14 C.F.R. *61.113(a) & (b); 91.7(a); 91.9(b) (2); 91.103(b); 

91.109; 91.119; 91.121; 91.151(a); 91.203(a) & (b); 91.40S(a); 91.407(a) (1); 91.409 (a) (2); and 91.417(a) 

& (b) to operate commercially a small unmanned vehicle (551bs 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 in approximately 4000 lbs, carrying large amounts of jet A or other fuel (140 gallons for jet 
helicopters, e.g.). Such aircraft must fly to and from the record location. In contrast, a sUAS weighing 

fewer than SSibs 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 SSibs, conducted in the strict conditions outlined 

above will provide an equivalent level of safety supporting the grant of the exemption request herein, 

including exempting the applicant from the requirements of Part 21 and allowing commercial 

operations. These lightweight aircraft operate at slow speeds, close to the ground and in a sterile 

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

helicopters operating in close proximity to the ground and people. 

Privacy 

All flights will occur over private or controlled access property with the property owner's prior 

consent and knowledge. Video recording will 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 

visual line of sight and national security- provide more than adequate justification for the grant of the 

requested exemptions allowing commercial operation of applicant's UAS in the motion picture and 

television industry pursuant to the Manual appended hereto. 

Thank You, 

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

John Cardenas 

WBNS-TV INC. 

770 Twin River Drive 

Columbus, Ohio 43215 

(614) 460-3700