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 Se ction 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 specia lizes 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 Gallawa y 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 equ ipped 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 beestablished by the FAA as requir ed 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 sma ll, 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 co ntrols 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 sa fety.

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

s ystem" 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 re quested 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 a pplicable FARs operating to prevent

Creative Services contemplated photography and video graphy 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. Cre ative 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 capabilitie s 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 Se ction 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 operate s 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 Creati ve 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 h as 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 es tablished 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 well

controlled areas, Creative Services UAS falls within Congress's contemplated safety zone when it promulgated the FAA Reform Act and the corre sponding 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 op erator 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 a nd create s 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 helicopte rs 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 Service s’ 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 Se rvices 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 Servic es remote control pilots have video backup should they

s omehow 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 an d 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 secur ed 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 publi cation 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. §§ 61.11 3(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 c apture relies primarily on the use of larger aircraft running on

combustible fuel. Creative Services’ UAS do es not contain potentially explosive fuel, is smaller, lighter and more maneuverable than conventional motion picture aircraft. Further, Creative Se rvices 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, weigh ing less than 55 pounds and traveling at speeds no more than 50 knots in designated area s 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