50 Maryland Plaza, Ste. 300 St. Louis MO 63108 (314) 3 45

- 1024
April 27 , 2015 F ede r al A v i ati o n Ad mi n i s tr ati o n U. S

. D epart me n t o f T r an s po r t ati o n D o c ket M anageme n t S y s t em 1200 New J e r s ey A v e., S E Wa s h i ng to n, D C 20590 Re: Ex e m p ti o n Reque s t u n d er S ecti o n 333 of t he F A A R ef o rm A c t and P art 11 o f the F eder al A v i ati o n Re gu lat i o ns f ro m c e rt a i n p a rt s o f the F AR s . D ear Sir or Madam : Pu r su ant t o S ecti o n 333 of the F AA Mo de rn i zati o n a n d Refo r m A c t o f 20 1 2 (the Refo rm Act) an d 14 C. F .R. Part 11, Koplar Communications (the “Petitioner”) , a company that owns and operates television station KRBK

- TV and associated production facilities , he r eby app l i es for an ex e mp ti o n f

ro m the l i s t ed F ede r al A v i ati o n Re g u lati o ns ( “ F A Rs”) t o allow it to o pe r at e a s ma l l Un m an n ed Ai r c r a f

t S y s t em ( “U AS ”) u n d er the c o n di t i o ns and l i mi t at i o ns s et f orth i n thi s P e ti ti o n. T he r eque s t ed e x em p tion w o u ld p e rmi t the oper atio n of s ma l l, u n m an n ed U A S u n d er c o nt r o lled c o n di t i o ns for aerial photography to be used in production for commercials and other promotional videos, and newsgathering in certain limited circumstances . App rov al o f th i s e x e mpt i o n w o u ld en h an c e s a fety and fu l f ill the F AA Admi n i s tr ator ’s r es po n s i b i l i ti es to “...e s t a b l i s h r equ i r ements for th e s af e o pe r ati o n of suc h a i rc r af t s y s t ems in the n ati o nal a i r s pa c e s y s t em.” S ecti o n 333 ( c ) o f the Refo rm A c t
. T h e na me and ad dr ess o f the app l i c a nt i s : Koplar Communications, LLC A tt n: Robert Koplar Te l ephone: (31 4 ) 345

- 1024 E m ail: bob@koplar.com Addr es s : 50 Maryland Plaza, Ste. 300, St. Louis, MO 63108 Re g u lati o ns f ro m w h i c h the e x em p ti o n i s re q u ested: 14 C F R Part 21 , 14 C. F .R. § 45.23 ( b) , 14 C F R § 61.3 , 14 C. F .R. § 91.7 ( a) , 14 C F R § 91.9 ( b) ( 2) , 14 C. F .R. § 91.103 , 14 C. F .R. § 91.109 , 14 C. F . R. § 91.119 , 14 C. F .R. § 91.121 , 14 C F R § 91.151 ( a) , 14 C F R § 91.203 ( a) & ( b ) , 14 C F R § 91.205 ( b) , 14 C F R § 91.215 , 14 C F R § 91.405 ( a) , 14 C F R § 407 ( a) ( 1) , 14 C F R § 409 ( a) ( 2) , 14 C F R § 417 ( a) & ( b ) 50 Maryland Plaza, Ste. 300 St. Louis MO 63108 (314) 3 45

- 1024
April 27 , 2015 F ede r al A v i ati o n Ad mi n i s tr ati o n U. S

. D epart me n t o f T r an s po r t ati o n D o c ket M anageme n t S y s t em 1200 New J e r s ey A v e., S E Wa s h i ng to n, D C 20590 Re: Ex e m p ti o n Reque s t u n d er S ecti o n 333 of t he F A A R ef o rm A c t and P art 11 o f the F eder al A v i ati o n Re gu lat i o ns f ro m c e rt a i n p a rt s o f the F AR s . D ear Sir or Madam : Pu r su ant t o S ecti o n 333 of the F AA Mo de rn i zati o n a n d Refo r m A c t o f 20 1 2 (the Refo rm Act) an d 14 C. F .R. Part 11, Koplar Communications (the “Petitioner”) , a company that owns and operates television station KRBK

- TV and associated production facilities , he r eby app l i es for an ex e mp t i o n f

ro m the l i s t ed F ede r al A v i ati o n Re g u lati o ns ( “ F A Rs”) t o allow it to o pe r at e a s ma l l Un m an n ed Ai r c r a f

t S y s t em ( “U AS ”) u n d er the c o n di t i o ns and l i mi t at i o ns s et f orth i n thi s P e ti ti o n. T he r eque s t ed e x em p tion w o u ld p e rmi t the oper atio n of s ma l l, u n m an n ed U A S u n d er c o nt r o lled c o n di ti o ns for aerial photography to be used in production for commercials and other promotional videos, and newsgathering in certain limited circumstances . App rov al o f th i s e x e mpt i o n w o u ld en h an c e s a fety and fu l f ill the F AA Admi n i s tr ator ’s r es po n s i b i l i ti es to “...e s t a b l i s h r equ i r ements for th e s af e o pe r ati o n of suc h a i rc r af t s y s t ems in the n ati o nal a i r s pa c e s y s t em.” S ecti o n 333 ( c ) o f the Refo rm A c t
. T h e na me and ad dr ess o f the app l i c a nt i s : Koplar Communications, LLC A tt n: Robert Koplar Te l ephone: (31 4 ) 345

- 1024 E m ail: bob@koplar.com Addr es s : 50 Maryland Plaza, Ste. 300, St. Louis, MO 63108 Re g u lati o ns f ro m w h i c h the e x em p ti o n i s re q u ested: 14 C F R Part 21 , 14 C. F .R. § 45.23 ( b) , 14 C F R § 61.3 , 14 C. F .R. § 91.7 ( a) , 14 C F R § 91.9 ( b) ( 2) , 14 C. F .R. § 91.103 , 14 C. F .R. § 91.109 , 14 C. F . R. § 91.119 , 14 C. F .R. § 91.121 , 14 C F R § 91.151 ( a) , 14 C F R § 91.203 ( a) & ( b ) , 14 C F R § 91.205 ( b) , 14 C F R § 91.215 , 14 C F R § 91.405 ( a) , 14 C F R § 407 ( a) ( 1) , 14 C F R § 409 ( a) ( 2) , 14 C F R § 417 ( a) & ( b ) 50 Maryland Plaza, Ste. 300 St. Louis MO 63108 (314) 3 45

- 1024
April 27 , 2015 F ede r al A v i ati o n Ad mi n i s tr ati o n U. S

. D epart me n t o f T r an s po r t ati o n D o c ket M anageme n t S y s t em 1200 New J e r s ey A v e., S E Wa s h i ng to n, D C 20590 Re: Ex e m p ti o n Reque s t u n d er S ecti o n 333 of t he F A A R ef o rm A c t and P art 11 o f the F eder al A v i ati o n Re gu lat i o ns f ro m c e rt a i n p a rt s o f the F AR s . D ear Sir or Madam : Pu r su ant t o S ecti o n 333 of the F AA Mo de rn i zati o n a n d Refo r m A c t o f 20 1 2 (the Refo rm Act) an d 14 C. F .R. Part 11, Koplar Communications (the “Petitioner”) , a company that owns and operates television station KRBK

- TV and associated production facilities , he r eby app l i es for an ex e mp ti o n f

ro m the l i s t ed F ede r al A v i ati o n Re g u lati o ns ( “ F A Rs”) t o allow it to o pe r at e a s ma l l Un m an n ed Ai r c r a f

t S y s t em ( “U AS ”) u n d er the c o n di t i o ns and l i mi t at i o ns s et f orth i n thi s P e ti ti o n. T he r eque s t ed e x em p tion w o u ld p e rmi t the oper atio n of s ma l l, u n m an n ed U A S u n d er c o nt r o lled c o n di ti o ns for aerial photography to be used in production for commercials and other promotional videos, and newsgathering in certain limited circumstances . App rov al o f th i s e x e mpt i o n w o u ld en h an c e s a fety and fu l f ill the F AA Admi n i s tr ator ’s r es po n s i b i l i ti es to “...e s t a b l i s h r equ i r ements for th e s af e o pe r ati o n of suc h a i rc r af t s y s t ems in the n ati o nal a i r s pa c e s y s t em.” S ecti o n 333 ( c ) o f the Refo rm A c t
. T h e na me and ad dr ess o f the app l i c a nt i s : Koplar Communications, LLC A tt n: Robert Koplar Te l ephone: (31 4 ) 345

- 1024 E m ail: bob@koplar.com Addr es s : 50 Maryland Plaza, Ste. 300, St. Louis, MO 63108 Re g u lati o ns f ro m w h i c h the e x em p ti o n i s re q u ested: 14 C F R Part 21 , 14 C. F .R. § 45.23 ( b) , 14 C F R § 61.3 , 14 C. F .R. § 91.7 ( a) , 14 C F R § 91.9 ( b) ( 2) , 14 C. F .R. § 91.103 , 14 C. F .R. § 91.109 , 14 C. F . R. § 91.119 , 14 C. F .R. § 91.121 , 14 C F R § 91.151 ( a) , 14 C F R § 91.203 ( a) & ( b ) , 14 C F R § 91.205 ( b) , 14 C F R § 91.215 , 14 C F R § 91.405 ( a) , 14 C F R § 407 ( a) ( 1) , 14 C F R § 409 ( a) ( 2) , 14 C F R § 417 ( a) & ( b )Section 333’s Mandate and the Federal Aviation Act T he Pet i ti o n i s su bmi tt ed t o f u l f i l l C o ng r es s ’ go al u n d er S ect i o n 333 ( a) thr o u g h (c ) of the Refo rm A c t , w h i c h d i rects the S ecr et a ry o f Tr an s po r t ati o n t o c o n s i d er w hether c e rt ai n u n m an n ed a i r c r af t s yst ems m ay o pe r at e s af e l y i n the nati o nal a i r s p a c e s y s t em ( NA S ) be f or e com p le ti o n of the ru le m a ki ng r eq u i r ed u n d er S ect i o n 332 of the Refo rm A c t . In maki ng th i s de t e rmi n a ti o n, the Ad mi n i s tr ato r mus t de t e rmi ne w h i c h types o f U AS s do not c reate a haz a r d to us e r s o f the NAS o r th e pu b l i c o r pose a threat t o nati o nal s ec u ri ty i n l i g ht o f the f o llo w i n g:

 T h e UA S ’s s i ze, w e i g ht, s p eed, and ope r ati o nal c apab i l i ty ;  O pe r ati o n of the U A S i n c lose p rox i mi ty t o a i rpo rt s and populated ar ea s ; and
 O pe r ati o n of the U A S w i th i n v i su a l l i ne of s i g ht o f the o pe r at o r . Refo rm A c t § 333 ( a )

. I f the Admi n s tr at o r d et e rmi nes that s u c h v e h i c les “ m ay o pe r at e s af ely i n the nati o nal ai r s p a c e s y s t em, the S ecr et ary s hal l e s t a b l i s h r equ i r ements f o r the s a f e o pe r ati o n of suc h ai rc r af t i n the nat i o nal a i r s p a c e s y s t em.” Id. § 333( c ) ( e m p ha s is add e d )

. T h e S ecr et a ry has dele g at ed h i s a v i at i o n au th ori ty t o the Ad mi n i s tr ato r o f the F A A

. T h e F ede r al A v i ati o n A c t e x p r es s ly g r ants the F AA th e auth o ri ty t o gr ant e x em p ti o ns fr o m i t s r e g u lat ory r e qu i r ements for c i v i l a i rcr af t , a t erm de f i ned u n der §40101 o f the Act, w h i c h i n c l u d e s U A S s . T h e Admi n i s tr at o r m ay gr a nt an ex e m pti o n f ro m a r equ i r ement o f a re g u lati o n p r es c ri b ed u n d er su b s e c ti o n (a) o r ( b) o f th i s s ec ti o n or any s ect i o n s 44702

- 44716 o f th e F ede r al A v i ati o n Act i f Ad mi n i s tr ato r f i n d s the e x em p ti o n i n the p u b l i c i n te r est. 49 U

. S .C. §44701 ( f) S ee al s o 49 U S C § 44711 ( a ) ; 49 U S C §44704; 14 C F R §91.203 (a) ( 1 )

.
INTENDED USE The Petitioner o wns and operates KRBK

- DT, a Fox

- affiliate d television station licensed to Osage Beach, Missouri and covering the Springfield, Missouri Designated Market Area (DMA). In its regular course of business the P etitioner engages in video production for use in (1) commercials for local businesses that air on KRBK, (2) promotional spots and public service announc ements (PSAs) for local charitable organizations and (3) news stories that feature local businesses or issues of local importance. The use of a UAS can aid the petitioner in capturing footage that cannot be obtained from a traditional camera, allowing bu sinesses such as golf courses, marinas, car dealerships and many others to showcase their facilities in ways that were previously impossible. In addition, the UAS may be used in certain limited circumstances for newsgathering. For example, the Springfield economy relies heavily on farming, and an agricultural report might include aerial footage of crops to demonstrate the impact of a drought. In all uses of the UAS, Petitioner will comply with the strict rules it has in place for flight operations , which ar e set forth in this Petition

. The Petitioner will fly the Phantom only over the following types of areas in Missouri and northern Arkansas:

 Over farms, lakes and rivers in predominantly rural areas; Over lines of railroad and rail classification yards;
 O ver nonresidential and noncommercial large

- scale industrial areas;
 Over private property when Petitioner has been granted permission by the person in legal possession of the property to do so.

THE AIRCRAFT The Petitioner will fly a DJI Phantom 2 Vision + (the “ Phantom” or “UAS”). The Phantom is equipped with a three

- axis gimbal and 14 megapixel, 1080p camera. The Phantom has built in capability to limit the height it flies above the ground, to limit the radius of the distance it flies from the operator, and to e xclude it from class B, C, and D airspace. It also has the built

- in capability to return to the launching point if the wireless control link is interrupted, the battery is low, or if the operator attempts to exceed any of the height, radius, or airspace li mitations programmed into it. The Phantom weighs about 7.5 pounds and has a maximum payload of approximately 3.0 pounds, although the Petitioner does not intend to load the UAS with any additional equipment not pre

- installed. The Phantom has a top speed o f about 33 miles per hour . It has four fixed

- pitch rotors, thrust from which is varied by changing RPM. It is powered by a lithium polymer battery. The Phantom is paired with a wireless Remote Controller communication device using the 5.8GHz frequency ban d. In addition, the Phantom has a Range Extender that operates within the 2.4 GHz frequency band. Both the Remote Controller and the Range Extender comply with Federal Communications Commission requirements. For a full list of specs, please see pages 48

- 4 9 of the attached User Manual attached as the Appendix

.
OPERATIONAL PROCEDURES Petitioner considers safety first and foremost when operating the UAS. All flights will utilize a team of at least two individuals, comprising a Pilot in Command (“PIC”) and a Visual Observer (“VO”). The Phantom shall not be piloted in a wild or reckless manner, and shall rem ain at least 500 feet from non

- operational personnel at all times. The UAS shall remain below 400 feet AGL at airspeeds not to exceed 2 0 miles per hour. When operating the Phantom, both the PIC and the VO must maintain visual line of site (VLOS) of the U AS at all times, and remain within hearing distance of each other. The PIC will maintain VLOS by staying within 1500 feet of the UAS at all times and not flying the UAS behind any obstructions . The VO will provide a backup set of eyes in case the PIC were to lose visual contact. If visual contact is lo st by the PIC, the PIC will engage the Phantom’s “return to home” function, which will cause the Phantom to return to the point of takeoff. The UAS must remain clear and give way to all manned aviation operations and activities at all times. In the unlikely event the PIC encounters a manned aircraft below 400 feet in close proximity to the UAS, the PIC will land the UAS or take other appropriate evasive action. The PIC will be required to land the UAS when the battery reaches 25% power, as indicated on th e linked smartphone. The PIC is responsible for ensuring the Phantom is maintained in a condition of safe operation. In the event the UAS has undergone maintenance or alterations that affect the UAS operation or flight characteristics, e.g. replacement o f a flight critical component, the PIC will perform a functional testflight prior to conducting further operations. Functional test flights may only be conducted by a PIC with a VO and must remain at least 500 feet from other people. The functional test f light will be conducted in such a manner so as to not pose an undue hazard to persons and property. The PIC is responsible for completing the pre

- flight checklist and ensuring compliance with the Environmental Flight Restrictions. Pre - Flight Checklist Petitioner will perform the following pre

- flight checklist prior to every flight:

 Cross reference area of flight with map to ensure compliance with flight environment requirements (below).
 Check area of flight to ensure there are no people (except for non

- operations personnel) within 500 feet of the flight zone.
 Ensure remote controller, battery, Range Extender and smartphone are fully charged.
 Ensure propellers are mounted correctly.
 Ensure gimbal clamp and camera lens has been removed.
 Ensure damping ab sorbers are in good condition, not broken or worn.
 Ensure anti

- drop kits have been mounted correctly.
 Calibrate compass.
 On startup, ensure motors are functioning as normal. Environmental Flight Restrictions In accordance with Section 333 of the Reform Act , the Phantom will not be flown within 5 nautical miles of an airport reference point (ARP) as denoted in the current FAA Airport/Facility Directory (AFD) or for airports not denoted with an ARP, the center of the airport symbol as denoted on the curre nt FAA published aeronautical chart, unless a letter of agreement with that airport’s management is obtained or otherwise permitted by a COA issued to the Petitioner. In addition, Petitioner will adhere to the following flight environment requirements:

 All flights must be conducted in the daytime under visual meteorological conditions. No night time operations will be performed

.  The UAS may not be operated less than 500 feet below or less than 2,000 feet horizontally from a cloud or when visibility is le ss than 3 statute miles from the PIC.
 The UAS shall not be used in severe weather conditions, including wind speed over 10 miles per hour, snow, rain or smog.  The Flight should be confined to ope n fields with no tall buildings or over water.  The UAS shal l be kept away from obstacles, crowds, power lines and trees while in flight.
 The UAS may not be flown within class B, C or D airspace or in any no

- fly zone specified by local laws and regulations. All flights will be conducted strictly within designated flight zones. The VO is responsible for inspecting the flight zone prior to flight and for ensuring the flight zone remains free of people during the operation. Pilot in Command Requirements The PIC must hold either an airline transport, commercial, pri vate, recreation al, or sport pilot certificate. The PIC must also hold a current FAA airman medical certificate or a valid U.S. driver’s license issuedby a state, the District of Columbia, Puerto Rico, a territory, a possession, or the Federal government. The PIC must also meet the flight review requirements specified in 14 CFR § 61.56 in an aircraft in which the PIC is rated on his or her pilot certificate. The PIC must have at least 20 hours of experience flying the Phantom. The VO must be a person over the age of 18 with qualified eye site. The VO will have detailed knowledge of how to operate the UAS and the onboard camera. The initial PIC will be Robert Koplar. Mr. Koplar holds a private pilot certificate with an instrument rating, has approximately 6 00 hours of total flight time and approximately 40 hours with the Phantom. Mr. Koplar holds a Third Class Medical Certificate.
REQUESTED EXEMPTIONS AND JUSTIFICATION 14 C.F.R. Part 21, Subpart H: Airworthiness Certificates 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 Petitioner , 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 (4 9 U.S.C.§44701 (f)) and Section 333 of the Reform Act both authorize the FAA to exempt air craft from the requirement for an airworthiness certificate, upon consideration of the size, weight, speed, operational capability, and proximity to airports and populated areas of the particular UAS. In all cases, an analysis of these criteria demonstrate s that the UAS operated without an airworthiness certificate, in the restricted environment and under the conditions proposed will be at least as safe, or safer, than a conventional aircraft (fixed wing or rotorcraft) operating with an airworthiness certif icate without the restrictions and conditions proposed. The UAS to be operated hereunder weighs less than 7.5 pounds, 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 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, and in compliance with local public safety requirements to pro vide security for the area of operation. The FAA will have advance notice of all operations. These safety enhancements, which already apply 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 of 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 categ ory aircraft or experimental or provisionally certificated aircraft, the operator must also dis play 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 beplaced. Given the size of the UAS, two

- inch lettering will be impossible. The wo rd “Experimental” will be placed on the fuselage in compliance with §45.29 (f). The equivalent level of safety will be provided by having the UAS 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 regulation to Exemptions Nos. 10700, 8738, 10167 and 10167A. 14 C.F.R. § 61.113 (a) & (b): Private Pilot Privileges and Limitations: Pilot in Com mand Sections 61.113 (a) & (b) limit private pilots to non

- commercial operations. Because the UAS will 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 have a private pilot’s license rather than a commercial pilot’s license to operate this small UAS. Unlike a conventional aircraft that carries the pilot and passengers, the UAS is remotely controlled with no living thing on board. The area of operation is controlled and restricted, and all flights are planned and coordinated in advance as set forth in the Manual. To provide for the differences in knowledge level the chief pilot for Petitioner is a private pilot that will oversee all planne d flight operations and will approve all operating areas and operating plans. The risks associated with the operation of the UAS are so diminished from the level of risk associated with commercial operations contemplated by Part 61 when drafted, that with the above oversight and plans will achieve a level of safety commiserate with the current rules set forth 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 aircra ft 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 req uirements contained in the operating procedures and safety checklists , an equivalent lev el 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 a irplane or Rotorcraft Flight Manual, approved manual material, markings, and placards, or any combination thereof. The UAS, given its size and configuration has no ability 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 UAS will have immediate access to it. The FAA has issued the following exemptions to this regulation: Exemption Nos. 8607, 8737, 8738, 9299, 9299A, 9565, 9565B, 10167, 10167A, 10602, 32827, and 10700. 14 C.F.R. § 91.103: Pr eflight A ction This regulation requires each pilot in command to take certain actions before flight to ensure the safety of flight. As FAA approved rotorcraft flight manuals will not be provided for the aircraft an exemption will be needed. The PIC will take all actions including reviewing weather, flight battery requi rements and aircraft performance data before initiation of flight.14 C.F .R. §91.109: Flight I nstruction Section 91.103 provides that no person may operate a civil aircraft (except a manned free balloon) that is being used for flight instruction unless that aircraft has fully functioning dual controls. UASs and remotely piloted aircraft, by their design, do not have fully functional dual 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 f or 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 is provided by the fact that neither a pilot nor p assen gers 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 of civil aircraft. Specifically, Section 91.119(c) limits aircraft flying o ver areas other than congested areas to an altitude of 500 feet above the surface, except over open water or sparsely populated areas. In those cases, the aircraft may not be operated closer than 500 feet to any person, vessel, vehicle, or structure. As set forth herein, the UAS will never operate at higher than 400 feet AGL. Because aerial photography must be accomplished at relatively low altitudes, i.e., less than 500 feet AGL, an exemption from Section 91.119(c) is required. The equivalent level of s afety will be achieved given the size, weight, speed, and material with which the UAS is built. Additionally, no flight will commence without the permission of the land owner or the party controlling the operating area. With advance notice to the landowner , all affected individuals will be aware of film or television production flights. Compared to similar operations conducted with conventional aircraft or rotorcraft, which weigh thousands of pounds and carry flammable fuel, any risk associated with these o perations will be significantly reduced from those currently allowed for conventional aircraft operating at or below 500 feet AGL. 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 UAS 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 achieved by the operator, pursuant to the Manual and Safety Check list, confirming the altitude of the launch site shown on the GPS altitude indicator before flight. 14 C.F.R. § 91.151(a): Fuel Requirements for Flight in VFR Conditions Section 91.151(a) prohibits an individual from beginning “a flight 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 landi ng 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 th at for at least 45 minutes.” 14 C.F.R. § 91.151(a). The Phantom batteries provide between 10 and 30 minutes of powered flight. Without an exemption from 14 C.F.R. § 91.151, the Phantom flights would not be possible. Given the limitations on itsproposed operations and the location of those proposed operations, a longer duration for flight in daylight VFR conditions is reas onable. Petitioner believes that an exemption from 14 C.F.R. § 91.151(a) is safe and consistent with the scope of a prior exemption. Operating the Phantom without 30 minutes of reserve fuel does not engender the type of risks that Section 91.151(a) was me ant to prevent. The fact that the Phantom carries none of a pilot, passenger, nor cargo enhances the reduced risk to overall safety. In the unlikely event that the Phantom should run out of battery, it would land per its autopilot instructions before the batteries are completely depleted. Given its weight and construction material, the risks are significantly less than contemplated by the current regulation. Petitioner bel ieves that an equivalent level of safety can be achieved by maintaining 25% battery life as being the equivalent of minimum fuel, this would be more than adequate to return the UAS to its planned landing zone from anywhere in its planned operating area. Similar exemptions have been granted to others, including Exemptions 2689F, 5745, 10673, and 10808. 14 C.F.R. §91.203 (a) and (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. . . .(b) 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 weighs no more than 7.5 lbs and is operated without an on board pilot. As such, there is no ability to carry certification and registration docum ents or to display them on the UAS. An equivalent level of safety will be achieved by keeping these documents at the ground control point where the pilot flying the UA S will have immediate access to them, to the extent they are applicable to the UAS. The FAA has issued numerous exemptions to this regulation. A representative sample of other exceptions includes Exemption Nos. 9565, 9665, 9789, 9789A, 9797, 9797A, 9816A, and 10700. 14 C.F.R. §91.405 (a); 407 (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 req uired inspections, except as provided in paragraph (c) of this section, have discrepancies repaired as prescribed in part 43 of this chapter...,” and others shall inspect or maintain the aircraft in compliance with Part 43. Given that these sections and P art 43 apply only to aircraft with an airworthiness certificate, these sections will not apply to the applicant. Maintenance will be accomplished by the operator p ursuant to the flight manual . An equivalent level of safety will be achieved because these sm all UASs are very limited in size and will carry a small payload and operate only in restricted areas for limited periods of time. If mechanical issues arise the UAS can land immediately as it will be operating from no higher than 400 feet AGL. As provided in the Manual, 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.Appendix User Manual