### J ayson Wi l ki ns on Video Production Manager

- National Instruments 11500 N. Mopac Expwy Austin, Texas 78759 (p) 512
-683-8922 (e) jayson.wilkinson@ni.com
December 31, 2015
U.S. Department ofTransportation Docket Management System 1200 New Jersey Ave., SE Wash i ngton, DC 20590
Re: Exemption Request Section 333 of FAA Reform Act and Title 14, Code of Federal Regulations (14CFR}: §§ 61.113 (a) and (b); 91.119; 91.121; 91.151(a); 91.405(a); 91.407(a)(1); 91.409(a)(2); and 91.417(a) 

### & (b).
Dear Sir or Madam:
Pursuant to 14 CFR pare 11 and Section 333 ofthe FAA Modern ization and Reform Act of 2012 ("the F

M RA"), National Instruments Inc. (referred to herei n as "Applicant" ), developer, operator, servicer, authorized dealer, and solicitor of small Unmanned Aircraft Systems ("sUAS") equ i pped to conduct aerial cinematography operations on behalf of businesses operating in markets including insurance, real estate, legal, agriculture, infrastructure, motion picture, technology, government, and private security, hereby applies for an exemption from the enumerated Federal Aviation Regulations in order to allow commercial operation of its sUAS, so long as such operations are conducted within and under the conditions stipu lated herein or as may be established by the FAA as requ ired by Section 333. Applicant seeks the exemption to reta in permitted operations of sUAS exist under controlled conditions in airspace which; (1) provide safety enhancements to the already safe businesses presently using the conventi onal aircraft, and; (2) thereby l im its, controls, and predetermines access to the sUAS. Applicant's Information:
National Instruments Attn: Jayson Wilkinson 11500 N. Mopac Expwy Austin, TX 78759 512-683-8922

**~son**
**.wi lkinson@ni.com**  Table of R egulations in the Petition 14 CFR § 61

. 113(a), (b); 14 CFR § 91.119; 14 CFR § 91.121; 14 CFR § 91.151(a); 14 CFR § 91.405(a); 1 4 CFR § 91.407(a)(1); 14 CFR § 91.409(a)(2); 14 CFR § 91.417(a), (b).
The petition for exemption is expressly submitted to fulfil the legislative intent of Section 333 (a) through (c) ofthe FMRA. The FMRA directs the Secretary ofTransportation to consider the issue of UASoperations with respect to the National Airspace System {NAS) prior to the maturation of the pending rulemaking required under Section 332 of the FMRA. In resolving this issue, the Secretary must determine the type of sUAS which do not create a hazard to users ofthe NAS or public or pose a threat to national security. Such hazardous sUAS's are determined based on the size, weight, speed , operational capability, proximitywith respect to airports, and the operation ofthe sUAS within the visual line of sight {VLOS) of the operator{s) or spotter{s) partied to the sUAS operations. Upon determining such vehicles operate safely, the Secretary establishes requirements for the safe operation of such aircraft in the NAS. FRCA §333{a) , {c). However, the Federal Aviation Act grants an express authority to the FAA to issue exemptions

. The federal statutory authority on its face included the exempting of civil aircraft {defined under§ 40101 of the act), which in turn includes sUAS, as per the requirement of all civil aircraft to retain an airworthiness certificate.
An exemption may be granted under subsection {a) or {b) of the aforementioned section, or any section 44701-44716 ofthis title ifthe Administrator finds the exemption in the public interest. 49 U.S.C.A. § 44701 {West 2015). See also U

.S

.C.A § 44711{a) (West 2015); 49 U

.S

.C

.A. § 44704 (West 2015) and ; 14 CFR § 91.203{a){ 1 ) {West 2015).
National Instruments Inc. seeks to use rotorcrafts which do not exceed 55 pounds {including payload). The rotorcraft {specifically the OJI Phantom Series) operates at an air speed not in excess of55 knots

. The rotorcraft will be operated within the VLOS of the operator and/or spotter at all times while remaining in a secure area which ensures that the sUAS does not create a hazard to users ofthe NAS or the public at large. FMRA § 333(b) (West 2015). National Instruments Inc. intention is secure environment operations and due to the size ofthe aircraft provides the "zone of safety" which manifests the intentions expressed by Congress when enacting FMRA. ld. In addition, with respect to the size and intended use of the sUAS on behalf of the applicant, National Instruments Inc

. within secure environments, approval ofthe application presents no issue of national security. Here, given the express direction of Section 333 of the FRMA, and under the authority of the FAA as amended, the secure flight operations of the proposed aerial photography/filming operations, it stands to reason that public benefit vis
-a-vis enhanced safety, positive environmental impacts {reduced use of larger manned aircraft), and positive economic impacts support granting of the requested exemption in the interest of the public. As a result of the aforementioned, the FAA should by exemption allow National Instruments Inc.'s commercial operations ofsUAS to commence immediately. Therefore, National Instruments Inc

., respectfully requests the FAA grant the requested exemption with haste. Specific Relief Requested by National Instruments Inc.; 

### 1. Private Pilot Operations under 14 CFR § 61.113(a) and {b) 14 CFR section 61.113{a) and {b) provide limits upon private pilot non-commercial operations. 14 CFR § 61.113(a) , (b) (West 2015). Distinguishable from a conventional manned aircraft, which carries a pilot and passengers, the sUAS is operated remotely. Here, the sUAS will not carry any persons {pilot or passenger), and the proposed operations can thereby achieve the requisite equivalent level of safety of current flight operations. That is to say, the operations ofthe sUAS will be controlled and restricted as all flights will be planned and coordinated prior to commencing operations. Thus, the level of control and restriction exceed the requirements by a commercial pilot operating a conventional aircraft. In addition, the level of restriction aforementioned will so diminish the risk associated with commercialoperations contemplated when part 61 was drafted that allowing the operation as requested clearly exceeds the levels of safety achieved by 14 CFR § 61.113(a) and (b).

2. Minim um Safe Altit udes unde r 14 CFR § 9 1

. 1 19 14 CFR section 91.119 proscribes safe altitudes for civil aircraft operations. 14 CFR § 91.119 (West 2015). Section 91. 11 9 perm its helicopter operations in lower altitudes on the condition that the helicopter operator complies with the FAA's relative route and altitude instructions. Here, the request is for sUAS rotorcraft operations below 400 feet above ground level or for film ing operations no more than 200 feet above any platform which filming is planned, as an exemption may be necessary for such operations. As set forth herein, National Instruments Inc., applicant, will not operate sUAS in excess of400 feet at any time. As previously mentioned, and equivalent level of safety as intended by congress wi ll be achieved d ue to the size, weight, and speed ofthe sUAS in addition to the locations where the sUAS will be operated. No flight will occur without the consent of the property owner(s) and local official(s). Thus, with the consent ofthe property owner and notice to the participants to the aerial photography all affected individuals will be aware ofthe planned sUAS operations. Moreover, the lack offlammable fuel, the nominal size of the sUAS, are significantly less than any associated risk w ith the operation of manned aircrafts at or below 400 feet above ground level. 3. Alt im eter S ettings under 1 4 CFR § 91. 121 The sUAS in operation does not have a barometric altimeter, but instead functions with Global Positioning Satellite altitude data readouts an exemption to 14 CFR section 91.121 may be necessary
. In pertinent part, "

... to the elevation of departure airport or an appropriate altimeter setting available before the departure", requires each operator to maintain cruising altitude by virtue of an altimeter that is fixed. 14 CFR § 91.121 (West 201 5)

. Here, the level of safety wi ll most likely exceed the level of safety by confirming the altitude of the launch site shown on the GPS readouts prior to any fl ight operations. 4

. Fuel R equi rements for Flight in Visual Flight Rules C onditions u nder 14 CFR § 91. 151 (a) National Instruments Inc. seeks an exemption for under 14 CFR section 91.151 (a). Aircrafts are required to retain a 30 minute fuel reserve as per 14 CFR section 91.151. 14 CFR § 91.151 (a) (West 2015). However, the batteries powering Nationa l Instruments Inc.'s sUAS(s) provide approximately 20 minutes offlight time. Therefore it would be impossible to meet the requirements set forth under section 91.151(a). National Instruments Inc

. respectfully asserts an exemption from 14 CFR section 91.151 (a) is reasonable as an exemption falls within the scope of previously approved exemption petitions. See FAA Exemptions 10673, 268F, 5745, 10808, and 11633

. Thus, applicant asserts an equivalent level of safety can be achieved by limiting flights to 15 minutes or 20 percent of battery power. This restrict ion provides adequate time to return the sUAS to a planned landing zone within the sUAS secure operating area
. Thus, as per the aforementioned previously approved exemptions the applicant seeks similar exempt status from 14 CFR section 91.151 (a). 5. Maintenance Inspections under 14 C FR § 91.405(a); § 91.409(a)(2) ; § 91 .417(a) and (b) The enumerated sections and part 43 apply to aircraft with airworthiness certificates, and therefore these sections will not apply to the applicant. Moreover, the performance of any requisite mai ntenance will be conducted and logged to ensure that the sUAS remains in working order prior to any flight operations

. The maintenance logs will be available to the FAA upon request.Terms and Conditions to which National Instruments Incorporated agrees to be bound during any and all commercial operations of Small Unmanned Aerial Systems 

### 1. All aircraft operated in accordance with this exemption will be identified by serial number, identification number (N-Number) markings in accordance with 14 CFR part 45, and registered i n accordance with 14 CFR part 47. The sUAS wi ll not at any time exceed a weight of55 pounds or a speed of 55 knots. The sUAS will be programed to return to a predetermined landing location in the event that manual control is lost

. No sUAS operation will exceed thirty minutes of flight time or fifteen percent of total battery power remaining, whichever occurs first

. 2. No sUAS operations will be conducted at night as required by 14 CFR section 1.1 and all operations wi ll be conducted under weather conditions which are conducive to the visua l line of sight requirements of safe flight operations. 3

. The operations authorized by this grant of exemption are limited to the following aircraft: OJI phantom 3 series. National Instruments Inc. will provide serial numbers and registration or proof of non-registration (brand new aircraft) of all sUAS upon request by the FAA. 4. All flight manuals and general operating man uals wi ll be maintained by National Instruments Inc. and will be made available to the FAA upon request. National Instruments Inc. will follow the procedures as outlined in the flight manuals and general operating manuals and will track any revisions to either ofthe aforementioned documents and present any update or revision if a subsequent petition for extension or amendment occurs
. Moreover, if any discrepancy exists between the exemption and procedures outlined in the flight manuals and/or general operating manuals, the conditions herein retain superiority and thereby must be followed. 5. The crew for each commercial operation will consist of a pilot and spotter. The spotter satisfies the visual line of sight requirement at all times so long ass/he is within the proximate verbal communication vicinity of the pilot. 6. During all flights all persons not essential for flight operations will be considered non-partied to the flight operations. Thus, the pilot will operate t he sUAS the requisite distance from these non-parties to t he flight operations in accordance with 14 CFR section 91.119. 7

. Before conducting commercial sUAS flight operations the crew will complete tests conducted by National Instruments Incorporated which will be documented as there are currently no established test standards for sUAS flight operations. The tests conducted by National Instruments Incorporated will coincide with the qualification processes detailed in the general operating manuals for the respective sUAS(s)

. The record completion ofthese processes will be documented and made available to the Administration upon request. 8

. The fl ight and general operating manua ls will be available to the pilot at all times during flight operations in accordance with 14 CFR section 91.9 and 14 CFR section 91.203. These documents will be made available to the Administrator or any law enforcement official upon request. 9. Prior to co nd ucting commercial aerial cinematog raphy operat ions, the operator wi ll log a minimum of 25 hours of total time as a UAS rotorcraft pilot in accordance with 14 CFR section 61.51(b). Additionally, the operator will accumulate and log consistent with 14 CFR section 61.51(b) at least 5 hours ofthe make and model to be used for operations under the exemption with a minimum of six take offs and landings.10. Prior to commercial sUAS cinematography flight operations a demonstration will be administered by an operator approved and otherwise qualified and thereby documented. This documentation of the demonstration will be made available to the Administrator upon request. As no established tests or standards which support the jurisdictional FAA Flight Standards District Office evaluation with respect sUAS flight operations for the previously enumerated sUAS(s) National Instruments Inc. will conduct these tests in accordance with the general operating manual. 11. Any and all documents required under 14 CFR sections 91.9, and 91.203 will be available to the operator at any time during the operations of the aircraft. Moreover, these documents will be made available to the Administrator or and law enforcement official upon request. 12. Under the event that the sUAS undergoes any maintenance, repair, or alteration which effects the flight operations, for example the replacement of a propeller, the entire sUAS will undergo a functional flight test. The flight test will be conducted in accordance with the general operating manual. The operator who conducts the results of the flight test in the sUAS aircraft records. 13. Current maintenance procedures, inspection requirements, and lift limits for the entirety of the sUAS(s) enume rated herein will be periodically updated and retained on file with Nation al Instruments Inc. and made available to the Administrator upon request. 14. Any technician who is to perform maintenance and/or inspection on the sUAS will meet all qualification criterions developed by National Instruments Inc. with respect to the guidelines set forth in the general operating manual. Additionally, each sUA$ operated under this exemption will comply with the manufacturer's promulgated safety guidelines as the general operating manual provides processes by which to document and record the sUAS mai ntenance

. 15. Prior to each flight, the operator will inspect the sUAS to ensure it is safe for flight condition

. The operator must approve of the aircraft in order for flight operations to ensue. If the operator finds upon the pre-flight inspection the sUAS ability to fly safely is compromised the aircraft is prohibited from operations until necessary maintenance has been performed and t he sUAS is otherwise approved for safe flight operations. 16. The sUAS will be operated in the visual line ofsight ofthe operator, or the spotter under the instance thatvirtual reality eyewear is used by the operator so long as the spotter is within the proximate communication distance ofthe operator, at all times. 17. All flights will be operated at an altitude of no more than 400 feet above ground level. All altitudes reported and recorded will be in feet above ground level. 18. The operator will ensure no person(s) in open areas are allowed within 500 feet of the aircraft except under the circumstances that those persons by either express or implicit consent to be a party to the cinematography and are deemed necessary for the aerial cinematographic flight operations. However, if barriers exist between the sUAS operations and the non-parties to the flight operations which will sufficiently protect the non-parties to the flight operations from any debris in the event of a misfortunate event then the sUA$ may operate closer than 500 feet to persons afforded such protection. Ifa situation occurs to which the persons leave such protection of a barrier affording protection and are thereby within 500 feet, then the operator must either cease flight operations, or move to a safe distance of 500 feet away from said person immediately.19. The approval of Flight Standards District Office or aviation-safety inspector will be deemed unnecessary with respect to reductions to the distances set forth in the general operating manual consistent with the manned aircraft procedures promulgated in Federal Aviation Administration Order 8900.1, V3, C8, Sl. However, the sUAS will always yield to the right ofway to all other manned flight operations and aerial activities for example but not limited to parasailing, parachuting, and etcetera. 20. The sUAS will not operate in a Class B, C, or D airspace without written approval from the FAA norwill the sUAS operate within five nautical miles of the epicenter of a non-towered airport unless otherwise a letter of agreement exists with the airport's management. If such a letter manifests, it will be made available to the Administrator upon request

. 21. As perthe general operating manual the sUAS will only operate within the secured area(s) which are established by pre-flight security perimeter(s) conducted and logged before each flight by the crew. A pre-flight briefing will establish the secure area, and security perimeter. Each member of the crew is required to attend th is pre-flight briefing. The logs ofthe briefings and security perimeters will be made available to the Administrator upon request. 22

. Any accident will be reported to the National Transportation Safety Board per the instructions contained at www.ntsb.gov

. In the event of an accident and after the report to the NTSB is submitted further flight operations for the sUAS and crew who were partied to the accident will be suspended until AFS-80 authorization to resume operations is provided. 23

. Applicant agrees that failure to comply with any ofthe conditions and limits ofthis grant of exemption are grounds for immediate rescission ofthis exemption. 24. Unless otherwise specified in the grant of this exemption , applicant agrees to comply with all applicable parts of 14 CFR

.

Under 14 CFR part 11, the subsequent summary is provided for publication in the Federal Register: National Instruments Incorporated seeks an exemption from the following rules Title 14, Code of Federal Regulations (14CFR): 

### §§ 61.113 (a) and (b) ; 91.119; 91.121; 91.151{a); 91.405{a); 91.407{a){1); 91.409{a)(2); and 91.417(a) & (b), and seeks permission to operate sUAS commercially in cinematographic flight operations. The approval of exemptions which allow commercial flight operations of sUAS{s) invariably enhance safety by reducing risks. Traditional aircraft can weigh in excess of 10,000 pounds, use jet engines for propulsion, and at times operate in close proximity to people and fixed ground structures. Risks that are present in the traditional operations of manned aircraft include those associated with large amounts of highly flammable fuel and other flammable liquids. Dissimilarly, the sUAS weighing less than 55 pounds and operating on battery power eliminates the risks associated with manned aircraft as the lack of combustible fuel is ever present in sUAS flight operation s. Moreover, sUAS(s) do not carry passengers or a crew and therefore do not expose people at large to the risks associated with manned aircraft. All flight operations will exist over controlled access properties with the prior consent ofthe property owner. All cinematographic flight operations will be conducted with the consent of the parties to the flight operations and all flight operations will be in compliance with local and state laws

.The operation of sUAS in accordance with the conditions set forth hereinto provide an equivalent safety level which supports the grants of the exemptions petitioned for herein. The sUAS(s) National Instruments Inc. seeks to use are small, lightweight aircraft, which operate in secure environments, close to the ground, at relatively slow speeds. All ofwhich as a result suggests that National Instruments Inc.'s operation of sUAS(s) are safer to society than traditional operations conducted with helicopters or other aircraft. The criteria set forth in Section 333 of the Reform Act have been satisfied by the applicant's request. The enumerated conditional flight operations aforementioned do not create a hazard to users of the national airspace system and do not pose any national security threats or concerns

. Thus, the foregoing meets the criteria necessary for granting the requested exemptions thereby allowing National Instruments Inc.'s commercial operations ofsUAS pursuant to the general operating manual and the aircraft flight manuals attached hereinto. Respectfully Submitted with Kind Regards,

Jayson Wilkinson National Instruments Inc. 11500 N. Mopac Expwy Austin , TX 78759 512-683-8922 jayson.wilkinson@ ni

.com