Attn: Docket Operations

U.S. Department ofTransportation (DOT)

1200 New Jersey Avenue SE, Room W12-140

West Building Ground Floor

Washington, DC 20590-0001

Re: Exemption Request of Creative Services department of University of 

Nebraska Kearney under Section 333 of the FAA Reform Act; Part 11 of the 

Federal Aviation Regulations; 14 CFR 45.23(b); 14 CFR Part 21; 14 CFR 

61.113(a) & (b); 91.7(a); 91.9(b)(2); 91.103(b); 91.109: 91.119; 91.121; 

91.151(a); 91.203(a) & (b); 91.405(a); 91.407(a)(1); 91.409(a)(2); 91.417(a) & 

(b).

Dear Sir or Madame:

Pursuant to Section 333 the FAA Modernization and Reform Act of 2012 and 14 

C.P.R. 11. The Creative Services department of the University of Nebraska Kearney

seeks exemption from the Federal Aviation Regulations (FARs) contained herein so that 

Creative Services be permitted to operate its small unmanned aircraft ("SUA"), or 

unmanned aircraft system ("UAS"), commercially in airspace regulated by the Federal 

Aviation Administration ("FAA").

Creative Services specializes in standard and aerial photography and video production for 

the purposes of documentation, and education. Creative Services seeks the use of SUAs 

or UASs to assist in said documentation, and submits this proposed Petition for 

Exemption to the FAA to demonstrate its commitment in complying with the Federal 

Aviation Regulations and the National Airspace System ("NAS") in their safe, 

responsible and limited commercial use of UASs.

The contact information for Petitioner is as follows: 

Stephanie Gallaway

Digital Media Producer

Creative Services

University of Nebraska Kearney

1910 University Drive, Kearney NE 68849

Phone: (308) 865-8136

Web: www.unk.edu/creativeservices

Email: gallawaysk@unk.edu

Ms. Gallaway has completed beginner level courses on aerial videography, has 

experience as a recreational pilot of UASs, and is aware of the dangers that

unregulated UASs operation presents to persons and property on the ground. Creative 

Services has aptly equipped their UAS for aerial photography and videography, and 

applies for an exemption from the FARs to allow operation of it’s UAS on our campus 

under the conditions outlined below, and under such other limitations as may be 
established by the FAA as required by Section 333 of the FAA Modernization and 

Reform Act.

Section 333 of the FAA Modernization and Reform Act of 2012 ("F AAMRA") grants 

the authority to the Secretary to establish a policy outlining guidelines until the 

Unmanned Aircraft Systems rule is finalized. As the FAAMRA found that because UASs 

do not pose a threat to national airspace users or national security, operations of UASs do 

not need an FAA-issued certificate of airworthiness.

This Petition for Exemption would permit the operation of small, lightweight, unmanned

UASs under controlled conditions in airspace, in the UASs pilot's line of sight, that is 

further in limited and predetermined areas of operation. Creative Services would allow 

for controlled access and would further provide safety enhancements to the already safe 

operations in the video production industry presently using conventional aircraft. 

Creative Services acknowledges how essential safety is when operating UASs. The 

specifications regarding operating procedures and safety controls listed in UASs manuals 

are attached hereto. The operating specifications and safety procedures of the UASs, 

which Creative Services commits to uphold, ensures that they do not pose a hazard

or threat to other aircraft, national security or public safety.

Granting Creative Services’ Petition for Exemption coheres with the Secretary of 

Transportation's responsibility to integrate UASs into the NAS and to "establish 

requirements for the safe operation of such aircraft systems in the national airspace 

system" pursuant to the FAA Reform Act§ 333(c).

Considering the foregoing and Creative Services’ commitment to safety and regulations 

of the FAA, the specific regulations from which exemptions under Title 14 of the Federal 

Code of Regulations are herein requested are as follows: 14 CFR 45.23(b); 14 CFR Part 

21; 14 CFR 61.113(a) & (b).

Exemption Request Section 333 of the FAA Reform Act; Part 11 of the Federal Aviation

Regulations; 14 CFR 45.7; 14 CFR Part 21; 14 CFR 61.113(a) & (b); 91.7(a); 91.9(b)(2);

91.103(b); 91.109; 91.119; 91.121; 91.151(a); 91.203(a) & (b); 91.405(a); 91.407(a)(l);

91.409(a)(2); 91.417(a) & (b).

Creative Services submits this Petition in accordance with the FAA Reform Act, 112 P.L. 

95 §§ 331-334, seeking relief from any currently applicable FARs operating to prevent 

Creative Services contemplated photography and videography operations within the 

NAS. The Reform Act in Section 332 provides for such integration of civil UASs into our 

NAS as it is in the public's interest to do so. Creative Services’ lightweight UAS meet the 

definition of "small unmanned aircraft" as defined in Section 331 and therefore the 

integration of lightweight UASs are expressly contemplated by the Reform Act. 

The size, weight, speed and operational capabilities of the UAS at issue, which Creative 

Services would use, with authorization from the FAA, show that they do not pose a threat 

to other aircraft, national security nor public safety. The term "small unmanned aircraft," 
as defined by the U.S. Congress in Section 331, 112 Pub. Law 95, 2014, means "an 

unmanned aircraft weighing less than 55 pounds."

Creative Services’ UAS is a small, lightweight device containing counter-rotating 

propellers for optimum balance, control and stability. It is capable of vertical and 

horizontal operations but operate only within the line of sight of the pilot (UAS operator). 

The device weighs no more than 55 pounds, including any photography equipment. The 

Creative Services’ UAS operates at speeds of 50 knots (57 mph) or less and is capable of 

hovering less than 400 feet altitude. 

Creative Services does not operate its UAS near airports and does not operate it near

residential or populated areas. The UAS operating software and GPS navigation systems 

do not allow any of the Creative Services UAS devices to operate near airports or 

restricted fly zones. The failsafe software will disable the UAS devices from taking off 

and also limit the UAS systems from operating within specific GPS preset no-fly zones. 

To date, Creative Services has only operated its UAS on areas under the complete control 

of the University of Nebraska. Creative Services only operates its UAS in predetermined 

areas and only in compliance with well regarded safety protocols such as those contained 

within the well established and commonly known Motion Picture and Television

Operations Manual.

Applicant further and specifically seeks authorization to use a UAS, which is equipped

with cameras and sensors, in order to perform photography, audio and video filming by 

air for public and private uses, including: television, cinematography, advertising, 

promotions, or public events.

Creative Services’ operation of its UAS will not "create a hazard to users of the national 

airspace system or the public." 112 P.L. 95 § 333(b). Given the small size and weight of 

Creative Services’ UAS, combined with their operation in cordoned off and wellcontrolled areas, Creative Services UAS falls within Congress's contemplated safety zone 

when it promulgated the FAA Reform Act and the corresponding directive to integrate 

UASs into the NAS. Creative Services’ UAS does not pose any threat to the general 

public or national security.

Maintenance of the UAS will be performed by the operator, in accordance with the

aircraft's flight and operating manual. The operator agrees to ensure the UAS is inspected

before each flight, to perform all required maintenance and to maintain a log of all 

maintenance and repairs performed on all umnanned aircraft systems.

Creative Services UAS is battery powered and creates no emissions. If the UAS

crashes there is no fuel to ignite and explode. The impact of Creative Services’ 

lightweight UAS is far less than a full size helicopter, notwithstanding the statistically 

noteworthy safety record of full size helicopters used in motion picture capture. 
To further explain why Creative Services’ exemption will not adversely affect safety or 

how granting Creative Services’ exemption request will provide a level of safety at least 

equal to existing rule:

Creative Services’ exemption will not adversely affect safety. Permitting Creative 

Services to log more flight time in FAA controlled airspace will allow Creative Services

to innovate and implement new and as of yet undiscovered safety protocols. Additionally, 

Creative Services proposes the following safety procedures and restrictions if granted an 

exemption: 

• Creative Services’ UAS will weigh no more than 55 pounds, including any 

photography or cinematic equipment; 

• Creative Services will only operate its UAS at an altitude of 400 feet or less; 

• Creative Services shall limit the UAS operation to thirty (30) minute flights, or 

ceasing operation at 25% battery; 

• Creative Services remote control pilots operate its UAS only within line of sight; 

• Creative Services remote control pilots have video backup should they 

somehow lose sight of its UAS;

• Creative Services employs a GPS system within each UAS allowing the UAS to 

hover in place if communications between the device and the remote control pilot 

is lost and then slowly descend at twenty-five (25) percent battery;

• Creative Services actively analyzes electronic flight data and other sources of 

information to constantly update and enhance safety protocols;

• Creative Services only operates its UAS in secured areas that are strictly 

controlled, are away from airports and populated areas;

• Creative Services shall conduct an inspection of its UAS before each flight;

• Creative Services has procedures in place to abort flights in the event of a safety 

breach or a potential danger; and

• Creative Services shall obtain all necessary consent and permissions prior to 

operation in the designated filming area prior to filming taking place.

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: 

Petitioner seeks an exemption from the following sections in Title 14 of the Code of 

Federal Regulations: 14 C.F .R. 21, subpart H; 14 C.P.R. 45.23(b); 14 C.P.R. §§ 61.113 
(a) and (b); 14 C.P.R. § 91.7(a); 14 C.P.R. § 91.9(b)(2); 14 C.P.R.§ 91.103(b); 14 C.P.R.§ 

91.109; 14 C.P.R.§ 91.119; 14 C.P.R. § 91.121; 14 C.P.R. § 91.151(a); 14 C.P.R. §§ 

91.203 (a) and (b); 14 C.P.R. § 91.405(a); 14 C.P.R. § 91.407(a)(1); 14 C.P.R. §

91.409(a)(2); 14 C.P.R. §§ 91.417 (a) and (b) to commercially operate its small 

lightweight unmanned aircraft in photography and video operations.

The exemption will reduce current risk levels and thereby enhance safety. Currently, 

motion picture image capture relies primarily on the use of larger aircraft running on 

combustible fuel. Creative Services’ UAS does not contain potentially explosive fuel, is

smaller, lighter and more maneuverable than conventional motion picture aircraft. 

Further, Creative Services UAS operates at lower altitudes and in controlled airspace. 

There are no people on board Creative Services’ UAS and therefore the likelihood of 

death or serious bodily injury is significantly limited. Creative Services’ operation of its 

UAS, weighing less than 55 pounds and traveling at speeds no more than 50 knots in 

designated areas on UNK property will provide at least an equivalent level of safety as 

that achieved under current FARs.

Therefore, Creative Services respectfully respects that the FAA grant its exemption 

request without delay.

Respectfully submitted,

Stephanie Gallaway

Digital Media Producer, Creative Services

University of Nebraska Kearney