2016-000323-partialnorecords-2015-2021

7/24/2019 2016-000323-PartialNoRecords-2015-2021

1/138

From: [email protected]

To: 7-AWA-ARC-FOIA (FAA)

Subject: Request under the Freedom of Information Act, 5 U.S.C. 552

Date: Thursday, September 24, 2015 3:27:12 PM

Aaron GordonVICE Media

99 N 10th St

Brooklyn, NY 11249

September 24, 2015

Federal Aviation AdministrationNational Freedom of Information Act Staff, ARC-40800 Independence Avenue, SWWashington, DC 20591

FOIA Coordinator:

This is a request under the Freedom of Information Act. I request that a copy of thefollowing documents (or documents containing the following information) beprovided to me:

I request any and all records regarding exemption number 12911, including lettersreceived from Kurt Wimmer on May 20, 2015 and August 11, 2015, and any and allinternal communications regarding this exemption. INSTRUCTIONS REGARDINGSEARCH 1. Instructions Regarding Leads: As required by the relevant case law, theFAA should follow any leads it discovers during the conduct of its searches andperform additional searches when said leads indicate that records may be located inanother system. Failure to follow clear leads is a violation of FOIA. 2. Request for

Public Records: Please search for any records even if they are already publiclyavailable. 3. Request for Electronic and Paper/Manual Searches: I request thatsearches of all electronic and paper/manual indices, filing systems, and locations forany and all records relating or referring to the subject of my request be conducted.4. Request for Search of Filing Systems, Indices, and Locations: I request that theFAA search all of its offices and components, which are likely to contain responsiverecords. 5. Request regarding Photographs and other Visual Materials: I request thatany photographs or other visual materials responsive to my request be released tome in their original or comparable forms, quality, and resolution. For example, if aphotograph was taken digitally, or if the FAA maintains a photograph digitally, Irequest disclosure of the original digital image file, not a reduced resolution versionof that image file nor a printout and scan of that image file. Likewise, if a

photograph was originally taken as a color photograph, I request disclosure of thatphotograph as a color image, not a black and white image. Please contact me forany clarification on this point. 6. Request for Duplicate Pages: I request disclosure ofany and all supposedly duplicate pages. Scholars analyze records not only for theinformation available on any given page, but also for the relationships between thatinformation and information on pages surrounding it. As such, though certain pagesmay have been previously released to me, the existence of those pages within newcontext renders them functionally new pages. As such, the only way to properlyanalyze released information is to analyze that information within its proper context.Therefore, I request disclosure of all duplicate pages. 7. Request to Search Emails:

ARM 2016-000323

11/6/2015 Media

460077

FOIA REQUEST

TO: _____________ CONTROL NO. _____________________

DUE: _____________ FEE CATEGORY: _____________________

WEB ID: ___________________
mailto:[email protected]:[email protected]:[email protected]:[email protected]


2/138

Please search for emails relating to the subject matter of my request. 8. Request forSearch of Records Transferred to Other Agencies: I request that in conducting itssearch, the FAA disclose releasable records even if they are available publiclythrough other sources outside the FAA, such as NARA. 9. Regarding DestroyedRecords If any records responsive or potentially responsive to my request have beendestroyed, my request includes, but is not limited to, any and all records relating orreferring to the destruction of those records. This includes, but is not limited to, any

and all records relating or referring to the events leading to the destruction of thoserecords. INSTRUCTIONS REGARDING SCOPE AND BREADTH OF REQUESTS Pleaseinterpret the scope of this request broadly. The FAA is instructed to interpret thescope of this request in the most liberal manner possible short of an interpretationthat would lead to a conclusion that the request does not reasonably describe therecords sought. EXEMPTIONS AND SEGREGABILITY I call your attention to PresidentObama's 21 January 2009 Memorandum concerning the Freedom of Information Act,in which he states: All agencies should adopt a presumption in favor of disclosure, inorder to renew their commitment to the principles embodied in FOIA [....] Thepresumption of disclosure should be applied to all decisions involving FOIA. In thesame Memorandum, President Obama added that government information shouldnot be kept confidential merely because public officials might be embarrassed by

disclosure, because errors and failures might be revealed, or because of speculativeor abstract fears. Finally, President Obama ordered that "The Freedom ofInformation Act should be administered with a clear presumption: In the case ofdoubt, openness prevails." Nonetheless, if any responsive record or portion thereof isclaimed to be exempt from production, FOIA/PA statutes provide that even if someof the requested material is properly exempt from mandatory disclosure, allsegregable portions must be released. If documents are denied in part or in whole,please specify which exemption(s) is (are) claimed for each passage or wholedocument denied. Please provide a complete itemized inventory and a detailedfactual justification of total or partial denial of documents. Specify the number ofpages in each document and the total number of pages pertaining to this request.For classified material denied, please include the following information: the

classification (confidential, secret or top secret); identity of the classifier; date orevent for automatic declassification or classification review or downgrading; ifapplicable, identity of official authorizing extension of automatic declassification orreview past six years; and, if applicable, the reason for extended classificationbeyond six years. In excising material, please black out the material rather than

white out or cut out. I expect, as provided by FOIA, that the remaining non-exempt portions of documents will be released. Please release all pages regardlessof the extent of excising, even if all that remains are the stationery headings oradministrative markings. In addition, I ask that your agency exercise its discretion torelease records which may be technically exempt, but where withholding serves noimportant public interest. ADDITIONAL INSTRUCTIONS REGARDING REQUESTPlease produce all records with administrative markings and pagination included.

Please send a memo (copy to me) to the appropriate units in your office to assurethat no records related to this request are destroyed. Please advise of anydestruction of records and include the date of and authority for such destruction.FORMAT I request that any releases stemming from this request be provided to mein digital format (soft-copy) on a compact disk or other like media. FEE CATEGORY

AND REQUEST FOR A FEE WAIVER I am a reporter with VICE Media. I am willing topay any reasonable expenses associated with this request, however, as the purposeof the requested disclosure is in full conformity with the statutory requirements for awaiver of fees, I formally request such a waiver. I request a waiver of all costspursuant to 5 U.S.C. 552(a)(4)(A)(iii) (Documents shall be furnished without any


3/138

charge ... if disclosure of the information is in the public interest because it is likelyto contribute significantly to public understanding of the operations or activities ofthe government and is not primarily in the commercial interest of the requester.).Disclosure in this case meets the statutory criteria, and a fee waiver would fulfillCongresss legislative intent in amending FOIA. See Judicial Watch, Inc. v. Rossotti,326 F.3d 1309, 1312 (D.C. Cir. 2003) (Congress amended FOIA to ensure that it be

liberally construed in favor of waivers for noncommercial requesters.). I incorporate

by reference the explanation and attached materials in the above sections whichdemonstrates why the requested information is in the public interest. DoD 5400.7-RC6.1.4.1 provides that documents shall be furnished without charge, or at a chargereduced below fees assessed to the categories of requesters in subsection C6.1.5.,below, when the Component determines that waiver or reduction of the fees is inthe public interest because furnishing the information is likely to contributesignificantly to public understanding of the operations or activities of the Departmentof Defense and is not primarily in the commercial interest of the requester. Shouldmy request for a fee waiver be denied, I request that I be categorized as a memberof the news media for fee purposes pursuant to DoD 5400.7-R C6.1.5.7. Accordingto 5 U.S.C. 552(a)(4)(A)(ii), which codified the ruling of Natl Security Archive v.Dept of Defense, 880 F.2d 1381 (D.C. Cir. 1989), the term a representative of the

news media means any person or entity that gathers information of potentialinterest to a segment of the public, uses its editorial skills to turn the raw materialsinto a distinct work, and distributes that work to an audience. This is consistent withthe definition provided in DoD 5400.7-R C6.1.5.7.1. As the legislative history of FOIAreveals, It is critical that the phrase representative of the news media be broadlyinterpreted if the act is to work as expected. . . . In fact, any person or organizationwhich regularly publishes or disseminates information to the public . . . shouldqualify for waivers as a representative of the news media. 132 Cong. Rec. S14298(daily ed. Sept. 30, 1986) (emphasis in original quotation); and 2) A request by areporter or other person affiliated with a newspaper, magazine, television or radiostation, or other entity that is in the business of publishing or otherwisedisseminating information to the public qualifies under this provision. 132 Cong.

Rec. H9463 (Oct. 8, 1986) (emphasis in original quotation)). Therefore, inaccordance with the Freedom of Information Act and relevant case law, I, AaronGordon, should be considered a representative of the news media. I have the intentand ability to disseminate this significant expansion of public understanding ofgovernment operations. The public interest in this significant expansion of publicunderstanding of government operations far outweighs any commercial interest ofmy own in the requested release. Accordingly, my fee waiver request amply satisfiesthe rules of DoD 5400.7-R C6.1.4.1. Legislative history and judicial authorityemphatically support this determination. For these reasons, and based upon theirextensive elaboration above, I request a full waiver of fees be granted. I will appealany denial of my request for a waiver administratively and to the courts if necessary.

In order to determine my status to assess fees, you should know that my feecategory is:

a representative of the news media.

The maximum dollar amount I am willing to pay for this request is $0. Please notifyme if the fees will exceed $25.00 or the maximum dollar amount I entered.

Thank you for your consideration of this request.


4/138

Sincerely,

Aaron GordonStaff Writer

Phone: [email protected]

For m URL: ht t p: / / www. f aa. gov/ f oi a/ emai l _f oi a/ r evi ew/Remot e host : 155. 178. 201. 21User agent : Mozi l l a/ 5. 0 ( Maci nt osh; I nt el Mac OS X 10_10_4)Appl eWebKi t / 537. 36 (KHTML, l i ke Gecko) Chr ome/ 45. 0. 2454. 99 Saf ar i / 537. 36


5/138

FOIA Program Management Branch

800 Independence Avenue SW

Washington, DC 20591

October 08, 2015

Mr. Aaron GordonStaff WriterVICE Media99 N 10th StreetBrooklyn, NY 11249

Re: Freedom of Information Act (FOIA) Request 2016-000323

Dear Mr. Gordon:

This letter acknowledges receipt of your FOIA request dated September 24, 2015, concerning any and all

records regarding exemption number 12911, including letters received from Kurt Wimmer on May 20, 2015and August 11, 2015, and any and all internal communications regarding this exemption.

Your request has been assigned for action to the office(s) listed below:

Federal Aviation Administration Contact: Ebony PowellOffice of the Chief Counsel, AGC-200 FOIA CoordinatorRegulations800 Independence Avenue, SW (202) 267-3824Washington, DC 20591

Federal Aviation Administration Contact: Judine SlaughterOffice of Rulemaking, ARM-1 FOIA Coordinator800 Independence Avenue, SW (202) 267-3793Washington, DC 20591

Federal Aviation Administration Contact: Derek HondaFOIA Program Management Branch (AFS-1) FOIA Coordinator800 Independence Avenue SW (202) 267-4190Washington, DC 20591

Should you wish to inquire as to the status of your request, please contact the assigned FOIA coordinator(s).Please refer to the above referenced number on all future correspondence regarding this request.

Upon review of your request for fee waiver, we have made a determination to grant you a fee waiver.

Sincerely,

Elena RichardsonFOIA Management Specialist


6/138


7/138


8/138

The table below is a list of the records regarding exemption number 12911.

Attachment A Letter dated May 20, 2015 from Kurt Wimmer

Attachment B Internal FAA Section 333 Review

Attachment C Draft Text for Request for Information (RFI)

Attachment D RFI email to Barry Wolper

Attachment E Regulations.gov receipt for RFI

Attachment F Letter dated August 11, 2015 from Stephen Kiehl

Attachment G FAA draft response

Attachment H FAA draft response with edits

Attachment I FAA draft response with concurrences

Attachment J Email confirming verbal permission to moveforward with petition in place of signature on S-1

Determination Memo

Attachment K Email from Contractor with Certificate of Waiver

(COA) and FAA response with signature block

Attachment L Regulations.gov receipt for response letter


9/138

Attachment A


10/138

May 20, 2015

U.S. Department of TransportationDocument Management System1200 New Jersey Ave., SE


To Whom It May Concern:

Pursuant to Section 333 of the FAA Modernization and Reform Act of 2012 and 14C.F.R., Part 11, NFL Productions LLC d/b/a NFL Films (NFL Films), operator of SmallUnmanned Aircraft Systems (sUAS) equipped to conduct aerial videography of professionalfootball game and training facilities, requests a limited exemption from the below-listedregulations to allow commercial operation of its sUASs, provided that the proposed sUASoperations comply with the conditions outlined below or as established by the Federal Aviation

Administration (FAA) under Section 333.

The name and address of the applicant is: NFL Productions LLC, One Sabol Way, Mt.Laurel, N.J. 08054, c/o Barry M. Wolper, Chief Financial Officer, (856) 222-3545,

[email protected].

NFL Films makes this request under the summary grant process that the FAAannounced in April 2015.1 This request is similar in all material respects to a number of recentgrants of exemption, including Grant of Exemption No. 11488 to Advanced AerialCinematography, LLC (FAA Docket No. 2014-0090).2

Regulations from which the exemption is requested:

14 C.F.R. part 21

14 C.F.R. 45.23 (b)

14 C.F.R. 61.113 (a) & (b)

1SeeFAA Summary Grants Speed UAS Exemptions, available athttps://www.faa.gov/news/updates/?newsId=82485.

2The use limitations and arguments in this application are nearly identical to those contained inAdvanced Aerial Cinematographys November 24, 2014 application and the FAAs May 5, 2015approval of that application.


11/138

U.S. Department of TransportationMay 20, 2015Page 2

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. 91.405 (a)

14 C.F.R. 407 (a) (1)

14 C.F.R. 409 (a) (2)

14 C.F.R. 417 (a) & (b)

NFL Films proposes that it receive an exemption to use sUAS to gather footage fromclosed-set locations in and around NFL stadiums (on non-game days) and NFL practice

facilities. NFL Films would use the footage for the production of television programs. NFLFilms would obtain the consent of all personnel in the stadiums and practice facilities in the

vicinity in which the sUAS may operate.

The proposed sUAS operation will be conducted safely to minimize risk to the nationalairspace system (NAS) or to persons and property on the ground. NFL Films proposes thatthe exemption apply to civil aircraft that operate within the limitations listed below. Theselimitations were established in the FAAs grant of Advanced Aerial Cinematographys request foran exemption:

1. The sUAS will weigh less than 55 pounds, including payload. Proposedoperations of any other aircraft will require a new petition or a petition to amend

this exemption.

2. Operations for the purpose of closed-set motion picture and television filming arepermitted.

3. The sUAS may not be operated at a speed exceeding 87 knots (100 miles perhour). NFL Films may use either groundspeed or calibrated airspeed todetermine compliance with the 87 knot speed restriction. In no case will the UA


12/138


be operated at airspeeds greater than the maximum UA operating airspeed

recommended by the aircraft manufacturer.

4. The UA will be operated at an altitude of no more than 400 feet above groundlevel (AGL). Altitude will be reported in feet AGL.

5. The UA will be operated within visual line of sight (VLOS) of the Pilot in Charge(PIC) at all times. This requires the PIC to be able to use human vision unaided

by any device other than corrective lenses, as specified on the PICs FAA-issuedairman medical certificate or U.S. drivers license.

6. All operations will utilize a visual observer (VO). The UA will be operated withinthe VLOS of the PIC and VO at all times. The VO may be used to satisfy the VLOS

requirement as long as the PIC always maintains the VLOS capability. The VOand PIC will be able to communicate verbally at all times; electronic messaging ortexting will not be permitted during flight operations. The PIC will be designated

before the flight and cannot transfer his or her designation for the duration of theflight. The PIC will ensure that the VO can perform the duties required of the VO.

7. This exemption and all documents needed to operate the sUAS and conduct itsoperations in accordance with the conditions and limitations stated in the grantof exemption, are hereinafter referred to as the operating documents. Theoperating documents will be accessible during sUAS operations and madeavailable to the Administrator upon request. If a discrepancy exists between theconditions and limitations in the exemption and the procedures outlined in theoperating documents, the conditions and limitations herein take precedence and

will be followed. Otherwise, NFL Films will follow the procedures as outlined inits operating documents. NFL Films may update or revise its operatingdocuments. It is NFL Films responsibility to track such revisions and presentupdated and revised documents to the Administrator or any law enforcementofficial upon request. NFL Films will also present updated and reviseddocuments if it petitions for extension or amendment to this grant of exemption.If NFL Films determines that any update or revision would affect the basis upon

which the FAA granted this exemption, then NFL Films must petition for anamendment to its grant of exemption. The FAAs UAS Integration Office (AFS-80) may be contacted if questions arise regarding updates or revisions to theoperating documents.

8.

Any UAS that has undergone maintenance or alterations that affect the UASoperation or flight characteristics, e.g., replacement of a flight critical component,must undergo a functional test flight prior to conducting further operationsunder this exemption. Functional test flights may only be conducted by a PIC

with a VO and must remain at least 500 feet from other people. The functionaltest flight must be conducted in such a manner so as to not pose an undue hazardto persons and property.


13/138


9.

NFL Films is responsible for maintaining and inspecting the UAS to ensure that it

is in a condition for safe operation.

10.Prior to each flight, the PIC will conduct a pre-flight inspection and determinethe sUAS is in a condition for safe flight. The pre-flight inspection will accountfor all potential discrepancies, e.g., inoperable components, items, or equipment.If the inspection reveals a condition that affects the safe operation of the sUAS,the aircraft will be prohibited form operating until the necessary maintenancehas been performed and the sUAS is found to be in a condition for safe flight.

11. NFL Films will follow the sUAS manufacturers maintenance, overhaul,replacement, inspection, and life limit requirements for the aircraft and aircraftcomponents.

12.

Each sUAS operated under this exemption will comply with all manufacturersafety bulletins.

13.Under this grant of exemption, a PIC will hold either an airline transport,commercial, private, recreational, or sport pilot certificate. The PIC will also holda current FAA airman medical certificate or a valid U.S. drivers license issued bya state, the District of Columbia, Puerto Rico, a territory, a possession, or theFederal Government. The PIC also will meet the flight review requirementsspecified in 14 CFR 61.56 in an aircraft in which the PIC is rated on his or herpilot certificate.

14.NFL Films will not permit any PIC to operate unless the PIC demonstrates the

ability to safely operate the sUAS in a manner consistent with how the sUAS willbe operated under this exemption, including evasive and emergency maneuversand maintaining appropriate distances from persons, vessels, vehicles, andstructures. PIC qualification flight hours and currency will be logged in a mannerconsistent with 14 CFR 61.51(b). Flights for the purposes of training theoperators PICs and VOs (training, proficiency, and experience-building) anddetermining the PICs ability to safely operate the sUAS in a manner consistent

with how the sUAS will be operated under this exemption are permitted underthe terms of this exemption. However, training operations may only beconducted during dedicated training sessions. During training, proficiency, andexperience-building flights, all persons not essential for flight operations areconsidered nonparticipants, and the PIC will operate the UA with appropriate

distance from nonparticipants in accordance with 14 CFR 91.119.

15.UAS operations will not be conducted during night, as defined in 14 C.F.R. 1.1.All operations will be conducted under visual meteorological conditions (VMC).NFL Films will not operate flights under special visual flight rules (SVFR).

16.The UA will not operate within 5 nautical miles of an airport reference point(ARP) as denoted in the current FAA Airport/Facility Director (AFD) or forairports not denoted with an ARP, the center of the airport symbol as denoted on


14/138


the current FAA-published aeronautical chart, unless a letter of agreement with

that airports management is obtained or otherwise permitted by a COA issued tothe exemption holder. The letter of agreement with the airport management will

be made available to the Administrator or any law enforcement official uponrequest.

17.

The UA will not be operated less than 500 feet below or less than 2,000 feethorizontally from a cloud or when visibility is less than 3 statute miles from thePIC.

18.If the sUAS loses communications or loses its GPS signal, the UA will return to apre-determined location within the private or controlled-access property.

19.

The PIC will abort the flight in the event of unpredicted obstacles or emergencies.

20.The PIC will be prohibited from beginning a flight unless (considering wind andforecast weather conditions) there is enough available power for the UA toconduct the intended operation and to operate after that for at least five minutesor with the reserve power recommended by the manufacturer if greater.

21.Air Traffic Organization (ATO) Certificate of Waiver or Authorization (COA). Alloperations will be conducted in accordance with an ATO-issued COA. Theexemption holder may apply for a new or amended COA if it intends to conductoperations that cannot be conducted under the terms of the attached COA.

22.

All aircraft operated in accordance with this exemption will be identified by serial

number, registered in accordance with 14 CFR part 47, and have identification(N-Number) markings in accordance with 14 CFR part 45, Subpart C. Markings

will be as large as practicable.

23.Documents used by NFL Films to ensure the safe operation and flight of the sUASand any documents required under 14 CFR 91.9 and 91.203 will be available tothe PIC at the Ground Control Station of the sUAS any time the aircraft isoperating. These documents will be made available to the Administrator or anylaw enforcement official upon request.

24.The UA will remain clear and give way to all manned aviation operations andactivities at all times.

25.The sUAS will not be operated by the PIC from any moving device or vehicle.

26.All Flight operations will be conducted at least 500 feet from all nonparticipatingpersons, vessels, vehicles, and structures, unless:

a.

Barriers or structures are present that sufficiently protectnonparticipating persons from the UA and/or debris in the event of anaccident. NFL Films will ensure that nonparticipating persons remain


15/138


under such protection. If a situation arises where nonparticipating

persons leave such protection and are within 500 feet of the UA, flightoperations will cease immediately in a manner ensuring the safety ofnonparticipating persons; and

b. The owner/controller of any vessels, vehicles or structures has grantedpermission for operating closer to those objects and the PIC has made asafety assessment of the risk of operating closer to those objects anddetermined that it does not present an undue hazard.

The PIC, VO, operator trainees, essential persons, or individuals who have signedconsent forms are not considered nonparticipating persons under thisexemption.

27.

All operations will be conducted over private or controlled-access property withpermission from the property owner/controller or authorized representative.Permission from property owner/controller or authorized representative will beobtained for each flight to be conducted.

28.Any incident, accident, or flight operation that transgresses the lateral or verticalboundaries of the operational area as defined by the applicable COA will bereported to the FAAs UAS Integration Office (AFS-80) within 24 hours.

Accidents will be reported to the National Transportation Safety Board (NTSB)per instructions contained on the NTSB Web site: www.ntsb.gov.

If this exemption permits operations for the purpose of closed-set motion picture and

television filming and production, the following additional conditions and limitationsapply:

29.NFL Films will have a motion picture and television operations manual(MPTOM) as documented in this grant of exemption.

30.At least 3 days before aerial filming, NFL Films will submit a written Plan ofActivities to the local Flight Standards District Office (FSDO) with jurisdictionover the area of proposed filming. The 3-day notification may be waived with theconcurrence of the FSDO. The plan of activities must include at least thefollowing:

a.

Dates and times for all flights;

b. Name and phone number of the operator for the sUAS aerial filmingconducted under this grant of exemption;

c. Name and phone number of the person responsible for the on-sceneoperation of the sUAS;

d. Make, model, and serial or N-Number of the sUAS to be used;


16/138


e.

Name and certificate number of sUAS PICs involved in the aerial filming;

f. A statement that the operator has obtained permission from propertyowners and/or local officials to conduct the filming production event; thelist of those who gave permission will be made available to the inspectorupon request;

g. Signature of exemption holder or representative; and

h. A description of the flight activity, including maps or diagrams of anyarea, city, town, county, and/or state over which filming will be conductedand the altitudes essential to accomplish the operation.

31.

Flight operations may be conducted closer than 500 feet from participatingpersons consenting to be involved and necessary for the filming production, asspecified in the exemption holders MPTOM.

Unless otherwise specified, the sUAS operations will comply with all applicable parts of14 CFR including, but not limited to, parts 45, 47, 61, and 91. NFL Films incorporates allarguments in support of the petition made in Advanced Aerial Cinematographys November 24,2014 application for exemption.

Federal Register Notice

As stated above, publication in the Federal Register is unnecessary because thisapplication meets the FAAs criteria for summary approval. To the extent that the FAA

determines that publication is necessary, the following summary is provided:

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) and (b);91.405 (a); 91.407 (a)(1); 91.409 (a)(2); 91.409 (a)(2) and 91.417 (a) & (b)to operate commercially a small unmanned vehicle (55 lbs or less) in

videography operations.

The Exemption is in the Public Interest

As demonstrated above, the proposed sUAS operations would minimize the risk of harm

to individual safety or damage to the NAS and property. The operations proposed by NFL Filmswould provide tremendous public benefits by enabling millions of NFL fans to view footage thatcould not be captured via any other technology. The sUAS operations as described in thisapplication will be far safer and more efficient than use of helicopters or other aircraft to capturethe required footage.

The conditions outlined in this petition clearly satisfy Section 333s exemption criteriaregarding size, weight, speed, operational capability, proximity to airports and populated areas,and operation within visual line of sight, and therefore the proposed operations would not


17/138


create a hazard to users of the national airspace system or the public or pose a threat to

national security. As discussed above, NFL Films agrees to use limitations that are substantiallyidentical to those contained in the FAAs recent grant of exemption for Advanced AerialCinematography. Accordingly, the proposed UAS operations of NFL Films should not raisesafety or national security concerns, and should receive summary approval.

Please do not hesitate to contact the undersigned if you need additional information.

Respectfully submitted,

Kurt WimmerJeff Kosseff


18/138

Attachment B


19/138

Part 11/Section 333 Review

Petitioner: NFL Productions LLC dba NFL Films

Docket No: FAA-2015-2139

Petitioner Contact Info:Barry M. Wolper,[email protected]

Signatory - Kurt Wimmer Point of Contact -Barry M. Wolper, Kurt Wimmer, Jeff Kosseff

Counsel -Kurt Wimmer, Jeff Kosseff

Operation Type: Aerial videography and closed-set motion picture and television filming

Part 11 Checklist (If any of this info is missing a rejection letter is issued)

CriteriaCheck (if in petition or original

submission materials)

Specific section(s) of 14 CFR from which the petitioner seeks anexemption

Y, pp. 12

Reason relief sought by petitioner Y, p. 1

Why granting the request would be in the public interest; that is,how it would benefit the public as a whole (note: cannot use

economic benefit)

Y, p. 7

Why granting the exemption would not adversely affect safety,

or how the exemption would provide a level of safety at leastequal to that provided by the rule from which the petitioner seeksthe exemption

Y, pp. 27

Request for Information (RFI) Triggers

Criteria Description

Aircraft Make/Model/Type Need aircraft, see RFI

Aircraft maximum weight (including

payload) less than 55lbs (Y/N) (If no, addweight)

Y, p. 2

Closed-Set Filming (Y/N) (if yes,MPTOM is required)

Y, need MPTOM, see RFI

Further analysis needed (Ex. new aircraft,gas-powered, operations outside of aerial

data collection and closed-set filming,etc.)

Y, need aircraft and MPTOM, see RFI

If a petition meets part 11 and section 333, please move forward and draft the decision document. For

those petitions that do not meet part 11, please draft the rejection letter. For petitions that appear to not

meet section 333 (i.e. missing aircraft, MPTOM needed), please draft an RFI and decision document.
mailto:[email protected]:[email protected]:[email protected]:[email protected]


20/138

Attachment C


21/138

TEXT FOR RFI E-MAIL

Dear Mr. Wimmer:

This letter is to inform you that the following information is missing from your petition(Docket No. FAA-2015-2139). This information is necessary for the Federal Aviation

Administration (FAA) to process your petition.

Describe the aircraft make(s), model(s), and type(s) (i.e., fixed-wing, rotorcraft,

lighter-than-air) for the proposed UAS operation. The description(s) should include the

maximum weight (including payload). This information can be located in the

aircraft manual(s).

Your petition references the material listed below, however the material was notsubmitted for the record. Please provide a copy of the following referenced materials:

o Motion Picture and Television Operations Manual (MPTOM)

Please submit the additional information (non-proprietary) to your docket at

www.regulations.gov and submit any proprietary information to the FAA Headquarters or

electronically via email to [email protected]. If you want us to process your request anyfurther, we must receive the information described above by MM/DD/YY. If we do not receive

the information, we will close the docket without notifying you further.

If you have any questions, please feel free to contact me at (202) 267-XXXX.

Sincerely,
http://www.regulations.gov/http://www.regulations.gov/


22/138

Attachment D


23/138

Request for Information - FAA-2015-21399-AWA-AVS-333Exemptions (FAA)Sent:Tuesday, July 28, 2015 8:33 AMTo: [email protected]

Dear Mr. Wolper:

This letter is to inform you that the following information is missing from your petition (Docket No. FAA-2015-2139).

This information is necessary for the Federal Aviation Administration (FAA) to process your petition.

Describe the aircraft make(s), model(s), and type(s) (i.e., fixedwing, rotorcraft, lighterthanair) for the

proposed UAS operation. The description(s) should include the maximum weight (including payload). This

information can be located in the aircraft manual(s).

Provide a copy of the Motion Picture and Television Operations Manual (MPTOM) which is required by Order8900.1, Volume 3, Chapter 8, Section 1. If you wish for us to proceed without this manual and remove

closedset filming from your proposed operation please inform of us of your intention by the requested

response date listed below.

Please submit the additional information (non

proprietary) to your docket at www.regulations.gov and submit any

proprietary information to the FAA Headquarters or electronically via email to [email protected]. If you want

us to process your request any further, we must receive the information described above by 8/11/15. If we do not

receive the information, we will close the docket without notifying you further.

If you have any questions, please feel free to contact me at (202) 267-4264.

Sincerely,

Dan NgoFAA Office of Rulemaking
https://email.dot.gov/owa/[email protected]/redir.aspx?SURL=RdFGt-2nJ8ZH0ahybsDjBpMK69TUcJNXd9HbrldMgqWxkdfESJfSCGgAdAB0AHAAOgAvAC8AdwB3AHcALgByAGUAZwB1AGwAYQB0AGkAbwBuAHMALgBnAG8AdgAvAA..&URL=http%3a%2f%2fwww.regulations.gov%2f


24/138

Attachment E


25/138

Your comment was submitted successfully!

First Name:

Anonymous

Last Name:

Anonymous

Mailing

Country:

United States

State or

Province:

DC

This information will appear on

Regulations.gov:

Phone

Number:

2022679677

This information will not appear on

Regulations.gov:

The Federal Aviation Administration (FAA) Other: NFL Productions LLC d/b/a NFL Films -

Exemption/Rulemaking

For related information, Open Docket Folder

Your Comment Tracking Number:1jz-8k8c-50lu

Your comment may be viewable onRegulations.gov once the agency has

reviewed it. This process is dependenton agency public submission

policies/procedures and processingtimes. Use your tracking number to

find out the status of your comment.

Email Receipt

Your comment:

Comment:

Please attach the request to NFL Productions (FAA-2015-2139)

Uploaded File(s) (Optional)

Your eceipt3

Email Address

Request for Information - FAA-2015-2139.pdf: success


26/138

Address:

800

Independence

Ave SW

City:

Washington

ZIP/Postal

Code:

20591

Government

Agency Type:

Federal

Government

Agency:

FAA

U s e

th is

fie ld

to

id e n tify

y o u rs e l f

o r

y o u r

c o m m e n t

(e .g .

In d iv id u a l,

A c a d e mic ,

o r

In d u s try )

T h is

in fo rma tio n

w ill

a llo w

a n

a g e n c y

to

c o n ta c t

y o u

th e y

h a v e

a n y

fo llo w

u p

q u e s tio n s

a b o u t

y o u r

c o m m e n t

E n te r

y o u r

n a me

o rif

y o u

p re fe r

n o t

to

b e

id e n tifie d

th is

fie ld

w ill

s u b s e q u e n tly

p o p u la te

w ith

"A n o n y mo u s "

E n te r

y o u r

n a me

o rif

y o u

p re fe r

n o t

to

b e

id e n tifie d

th is

fie ld

w ill


p o p u la te

w ith

"A n o n y mo u s "

T h e

g o v e rn me n t

a g e n c y

th a t

th e

s u b m itte r

re p re s e n ts

T h e

g o v e rn me n t

a g e n c y

th a t

th e

s u b m itte r

re p re s e n ts

T h e

ty p e

o f

g o v e rn me n t

a g e n c y

th a t

th e

s u b m itte r

re p re s e n ts

T h is

a ttrib u te

re fe rs

to

th e

o rg a n iz a t io n

th a t

is

s u b m ittin g

a

c o m m e n t

o n

a

fe d e ra l

a g e n c y ' s

re g u la to ry

a c t io n

T h is

in fo rma tio n

w ill

a llo w

a n

a g e n c y

to

c o n ta c t

y o u

th e y

h a v e

a n y

fo llo w

u p

q u e s tio n s

a b o u t

y o u r

c o m m e n t

S o me o n e

w h o

is

s u b m ittin g

a

c o m m e n t

o n

b e h a lf

o f

a n o th e r

in d iv id u a l(s )

o r

e n tity

P le a s e

a g re e

to

th e

d is c l a ime r

b e fo re

s u b m ittin g

y o u r

c o m m e n t

E n te r

y o u r

n a me

o rif

y o u

p re fe r

n o t

to

b e

id e n tifie d

th is

fie ld

w ill


p o p u la te

w ith

"A n o n y mo u s "

E n te r

y o u r

n a me

o rif

y o u

p re fe r

n o t

to

b e

id e n tifie d

th is

fie ld

w ill


p o p u la te

w ith

"A n o n y mo u s "

T h e

g o v e rn me n t

a g e n c y

th a t

th e

s u b m itte r

re p re s e n ts

T h e

ty p e

o f

g o v e rn me n t

a g e n c y

th a t

th e

s u b m itte r

re p re s e n ts

T h is

in fo rma tio n

w ill

a llo w

a n

a g e n c y

to

c o n ta c t

y o u

th e y

h a v e

a n y

fo llo w

u p

q u e s tio n s

a b o u t

y o u r

c o m m e n t

P le a s e

a g re e

to

th e

d is c l a ime r

b e fo re

s u b m ittin g

y o u r

c o m m e n t


27/138

Attachment F


28/138


29/138

Motion Picture and TelevisionFlight Operation Manual

NFL Productions LLC d/b/a NFL FilmsOne Sabol WayMt. Laurel, NJ 08054(856) 222-3545 | (856) 291-5455 (Fax)

Date: August 11, 2015 Version: Original


30/138

Page 2 of 14

Table of Contents

A. Purpose............................................................................................................................... 4

B. Pilot/Operator Organization............................................................................................ 4

C. Pilots To Be Used During Filming................................................................................... 4

D. List of Aircraft by Make, Model and Serial or Registration Number......................... 4

E. Distribution and Revision................................................................................................ 4

F. Persons Authorized........................................................................................................... 5

G. Area of Operations............................................................................................................ 5

H. Plan of Activities............................................................................................................... 8

I. Permission to Operate...................................................................................................... 9

J. Security.............................................................................................................................. 9

K. Briefing of Pilots and Production Personnel................................................................ 10

L. Certification/Airworthiness........................................................................................... 10

M. Pilot PersonnelMinimum Requirements................................................................... 10

N. Limitations....................................................................................................................... 10

O. Communications............................................................................................................. 10

P. Accident Notification...................................................................................................... 11

Q. Recall/Stop Procedures................................................................................................... 11

R. Aerobatic Competency................................................................................................... 11

Appendix A

Appendix B

Appendix C


31/138

Page 3 of 14

Revision Control Page

Revision # Date Initials

______________________________________________________________________________

______________________________________________________________________________

______________________________________________________________________________

______________________________________________________________________________

______________________________________________________________________________

______________________________________________________________________________

______________________________________________________________________________

______________________________________________________________________________

______________________________________________________________________________

______________________________________________________________________________

______________________________________________________________________________

______________________________________________________________________________

______________________________________________________________________________

______________________________________________________________________________

______________________________________________________________________________

______________________________________________________________________________

______________________________________________________________________________

______________________________________________________________________________

______________________________________________________________________________

______________________________________________________________________________


32/138

Page 4 of 14

Motion Picture and Television Flight Operation Manual

A. Purpose

This Manual has been developed by NFL Productions LLC d/b/a NFL Films (NFL Films) in

conjunction with an application for an exemption from a limited number of regulations pursuantto Section 333 of the FAA Modernization and Reform Act of 2012 and 14 C.F.R. Part 11, as

outlined in NFL Films exemption application dated May 20, 2015, for use of sUAS to gatherfootage from closed-set locations in and around NFL stadiums (on non-game days) and NFL

practice facilities. NFL Films pilots and other company personnel when applicable will comply

with the policies, procedures, and conditions of this Manual, whenever motion picture ortelevision flight operations are performed that require an exemption.

B. Pilot/Operator Organization

NFL Productions LLC d/b/a NFL Films -- OperatorOne Sabol Way

Mt. Laurel, NJ 08054

Barry M. Wolper - Chief Financial Officer and applicant/responsible person - (856) 222-3545

C. Pilots To Be Used During Filming

Pilots to be used during filming will be included in the Plan of Activities to be filed at least three

(3) days prior to each scheduled filming, pursuant to Section H, infra, with the local FSDOhaving jurisdiction over the area of proposed filming. The list of pilots will include each pilots

pilot certificate number as well as special pilot authorizations or endorsements, if applicable.

D. List of Aircraft by Make, Model and Serial or Registration Number

A list of aircraft to be used appears in Appendix B, infra. Furthermore, any aircraft to be used in

the proposed filming shall be listed by make, model and serial or registration number in the Plan

of Activities to be filed at least three days prior to each scheduled filming, pursuant to Section H,infra, with the local FSDO having jurisdiction over the area of proposed filming.

E. Distribution and Revision

NFL Films will issue a copy of this manual, including all revisions, to all personnel involved insUAS operation. All recipients are required to keep their manuals up-to-date with any furnished

revisions.

Amendments in FARs and normal usage will frequently indicate a need for additions, deletions,

or corrections of selected subject matter in this manual. Revisions to the manual will be issuedperiodically to reflect these changes. In addition, manual users who observe or experience a

need for change are encouraged to submit their suggestions to the Chief Financial Officer for

review and consideration.

Revisions to the Manual will be forwarded to the Flight Standards District Office (FSDO) at

least 15 days before the proposed effective date. Revisions will be noted on the Revision


33/138

Page 5 of 14

Control Page at the front of this Manual and will be noted in bold in this Manual. Each

subsequent revision of the Manual will be distributed to all company personnel involved in

sUAS operation.

F. Persons Authorized

Section 91.119(c) is waived only with respect to those participating persons, vehicles, and

structures directly involved in the performance of the actual filming. The pilot-in-command andcertificate holder shall ensure that no persons are allowed within 500 feet of the area except those

consenting to be involved and necessary for the filming production. This provision may be

reduced to no less than 200 feet in the event that a suitable, equivalent level of safety can beachieved. An equivalent level of safety may be determined by evaluation of the filming

production area and the degree of terrain features, buildings, etc. that will provide a safety barrier

to observers.

Prior to any filming, the pilot-in-command and certificate holder shall be responsible for

obtaining signed consent forms from any person who is allowed within 500 feet (or 200 feet as

outlined above) of the filming. Such consent forms shall be maintained by the operator for aperiod of at least six (6) months following the filming.

G. Area of Operations

The area of operations shall cover all NFL stadiums and practice facilities in the United States,

including:

NFL Stadiums

Arizona Cardinals

University of Phoenix StadiumGlendale, AZ 85305

Atlanta FalconsGeorgia Dome

Atlanta, GA 30313

Baltimore Ravens

M&T Bank Stadium

Baltimore, MD 21230

Buffalo BillsRalph Wilson Stadium

Orchard Park, NY 14127

Carolina Panthers

Bank of America StadiumCharlotte, NC 28202

Miami Dolphins

Sun Life StadiumMiami Gardens, FL 33056

Minnesota VikingsTCF Bank Stadium

Minneapolis, MN 55455

New England Patriots

Gillette Stadium

Foxboro, MA 02035

New Orleans SaintsMercedes-Benz Superdome

New Orleans, LA 70112

New York Giants

MetLife StadiumEast Rutherford, NJ 07073


34/138

Page 6 of 14

Chicago Bears

Soldier Field

Chicago, IL 60605

Cincinnati Bengals

Paul Brown StadiumCincinnati, OH

Cleveland Browns

FirstEnergy StadiumCleveland, OH 44114

Dallas CowboysCowboys Stadium

Arlington, TX 76011

Denver BroncosSports Authority Field at Mile High

Denver, CO 80204

Detroit Lions

Ford Field

Detroit, MI 48226

Green Bay Packers

Lambeau FieldGreen Bay, WI 54304

Houston TexansNRG Stadium

Houston, TX 77054

Indianapolis ColtsLucas Oil Stadium

Indianapolis, IN

Jacksonville Jaguars

EverBank Field

Jacksonville, FL 32202

Kansas City Chiefs

Arrowhead Stadium

Kansas City, MO 64129

New York Jets

MetLife Stadium

East Rutherford, NJ 07073

Oakland Raiders

O.co ColiseumOakland, CA 94621

Philadelphia Eagles

Lincoln Financial FieldPhiladelphia, PA 19148

Pittsburgh SteelersHeinz Field

Pittsburgh, PA 15212-5721

St. Louis RamsEdward Jones Dome

St. Louis, MO 63101

San Diego Chargers

Qualcomm Stadium

San Diego, CA 92108

San Francisco 49ers

Levis StadiumSanta Clara, CA 95054

Seattle SeahawksCenturyLink Field

Seattle, WA 98104

Tampa Bay BuccaneersRaymond James Stadium

Tampa, FL 33607

Tennessee Titans

Nissan Stadium

Nashville, TN 37213

Washington Redskins

FedEx Field

Landover, MD 20785


35/138


36/138

Page 8 of 14

Detroit Lions

Detroit Lions Training Facility

Allen Park, MI 48101

San Diego Chargers

Chargers Park

San Diego, CA 92123

Green Bay Packers

St. Norbert College/Don Hutson CenterGreen Bay, WI 54304

San Francisco 49ers

SAP Performance Facility & Levis StadiumSanta Clara, CA 95054

Houston Texans

Houston Texans Practice FacilityHouston, TX 77054

Seattle Seahawks

Seattle Seahawks Headquarters VirginiaMason Athletic Center

Renton, WA 98056

Indianapolis Colts

Anderson University

Anderson, IN 46012-3495

Indiana Farm Bureau Football Center

Indianapolis, IN 46254

Tampa Bay Buccaneers

Tampa Bay Buccaneers Training Facility

Tampa, FL 33607

Jacksonville Jaguars

EverBank Field

Jacksonville, FL 32202

Tennessee Titans

St. Thomas Sports Park

Nashville, TN 37228

Kansas City Chiefs

Missouri Western State UniversitySt. Joseph, MO 64506

Washington Redskins

Bon Secours Washington Redskins TrainingCenter

Richmond, VA 23220

The pilot/operator shall coordinate with the FSDO having geographic responsibility over the area

of the filming operations.

H. Plan of Activities

At least three (3) days prior to any scheduled filming, NFL Films shall submit a written plan ofactivities to the local FSDO having jurisdiction over the area of proposed filming. The plan of

activities shall include the following:

1) Dates and times for all flights.

2) Name and phone number of operator responsible for the filming productionevent.

3) Name and phone number of the person responsible for the on-scene operationof the sUAS.

4) Make, model, and serial number or registration number of aircraft to be usedand type of airworthiness certificate, including Category (CAT).


37/138

Page 9 of 14

5) Names and certificate numbers of pilots involved in the filming productionevent.

6) A statement that permission has been obtained from property owners and/or

local officials to conduct the filming production event; the list of those whogave permission will be made available to the inspector upon request.

7) Signature of exemption holder or a designated representative.

8) A general outline, description or summary of the flight activity schedule,including maps or diagrams of any area, city, town, country, and/or state over

which filming will be conducted and the altitude essential to accomplish theoperation.

At the discretion of the FSDO, the 3-day notification may be waived. Justification of the

exception to the 3-day requirement is needed.

NFL Films acknowledges that prior to the beginning of any filming operations, the plan of

activities must be accepted by the FAA.

I. Permission to Operate

Before any flight operation is conducted at less than 500 feet under the provisions of the

certificate of waiver and this Manual, the operator will obtain permission to conduct theseoperations from property owners and local officials as necessary or appropriate. Persons from

whom permission may be required are listed below:

1) Property owners

2) Law enforcement officials

3) Fire department officials

4) Local, state and federal government

The NFL Films personnel obtaining such permission will do so in writing whenever practical;however, verbal permission is acceptable otherwise. A standard permission form is provided in

Appendix A and may be used when obtaining written permission. Written permission forms will

be maintained at the job site until flight operations are completed, and then turned over to NFLFilms to be kept on file for a minimum of six (6) months. These forms will be made availablefor inspection by the FAA or other official personnel upon request.

J. Security

Prior to any flight operation, the operator will coordinate with appropriate production personnelto devise a plan of securing the area(s) of operation from all unauthorized persons, vehicles and


38/138

Page 10 of 14

aircraft. Provisions will be made to immediately discontinue operations should the area(s)

become unsecured or for any other reason in the interest of safety.

K. Briefing of Pilots and Production Personnel

Prior to the start of any operation under the provisions of this Manual, the pilot in command will

conduct a briefing of all procedures to participating personnel of the risks involved, emergency

procedures, and safeguards to be following during the filming production event. Personnel willalso be briefed on any additional provisions that may be issued by the local FSDO, including the

location of boundaries or any other time limits.

L. Certification/Airworthiness

Prior to any flight operation, the pilot in command will conduct a pre-flight inspection in

accordance with Title 14 of the Code of Federal Regulations (14 CFR) parts 43 and 91 and

applicable operating limitations. The pre-flight inspection will account for all potentialdiscrepancies, e.g., inoperable components, items or equipment. If the inspection reveals a

condition that affects the safe operation of the sUAS, the aircraft will be prohibited fromoperation until the necessary maintenance has been performed and the sUAS is found to be in acondition for safe flight.

NFL Films will follow the sUAS manufacturers maintenance, overhaul, replacement, inpsectionand life limit requirements for the aircraft and aircraft components. Each sUAS operated under

this exemption will comply with all manufacturer safety bulletins.

The aircraft to be used may be certificated in any CAT, including experimental, provided the

requirements of 14 CFR part 91, 91.7, 91.9, and 91.203 are met.

M. Pilot PersonnelMinimum Requirements

The pilot in command will hold either an airline transport, commercial, private, recreational, or

sport pilot certificate. The PIC will also hold a current FAA airman medical certificate or a validU.S. drivers license issued by a state, the District of Columbia, Puerto Rico, a territory, a

possession, or the Federal Government. The PIC also will 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.

N. Limitations

Aircraft operations shall conform with the limitations set forth in NFL Films request for a

limited exemption, dated May 20, 2015, attached to this Manual as Appendix C.

The aircraft will be operated at an altitude of no more than 400 feet above ground level (AGL).

Altitude will be reported in feet AGL.

The aircraft will not be operated during night, as defined in 14 CFR 1.1.

O. Communications


39/138

Page 11 of 14

Prior to the start of any operation covered by this Manual, the pilot in command will formulate a

plan to provide communications capability to all participants during the actual operation and

filming. Oral, visual or radio communications may be used as long as it is effective and iscapable of keeping the participants continuously apprised of the current status of the operation.

P. Accident Notification

Should an accident or incident requiring notification of the NTSB occur, the operator wouldimmediately notify the NTSB pursuant to 49 CFR 830 and take steps to preserve and protect

the accident scene.

Q. Recall/Stop Procedures

Radio communication, oral, visual or a combination will be utilized to keep the participants

continuously apprised of the current status of operation.

R. Aerobatic Competency

If the filming operations require the issuance of FAA Form 8710-7, see Volume 5, Chapter 9,

Section 1, Issue/Renew/Rescind a Statement of Acrobatic Competency.


40/138

Page 12 of 14

Appendix A

NFL Films

Permission to Conduct Operations Form

In signing this form, I am giving NFL Films permission to operate its aircraft at less than500 feet from property, or, in some jurisdiction in which I am responsible for or affiliatedwith, for the purpose of film or television production.

Name: ____________________________

Title: ____________________________

Location: ____________________________

Date ofOperation: ____________________________

Basis of Authority to Grant Permission:

______________________________________________________________________

Signature: ____________________________

Date: ____________________________

NFL Films Representative Receiving Permission:

________________________________________


41/138

Page 13 of 14

Appendix B

NFL Films

List of Approved Aircraft

Make and Model Type Weight

1 DJI Innovations Phantom 1 Quad-rotor 3 lbs. (inclusive ofcamera and battery)

2 DJI Innovations Phantom 2 Quad-rotor 3 lbs. (inclusive ofcamera and battery)

3 DJI Innovations Inspire 1 Quad-rotor 6 lbs. (inclusive ofcamera and battery)


42/138

Page 14 of 14

Appendix C

NFL Films Letter Requesting Limited Exemptions


43/138

May 20, 2015

U.S. Department of TransportationDocument Management System1200 New Jersey Ave., SE


To Whom It May Concern:

Pursuant to Section 333 of the FAA Modernization and Reform Act of 2012 and 14C.F.R., Part 11, NFL Productions LLC d/b/a NFL Films (NFL Films), operator of SmallUnmanned Aircraft Systems (sUAS) equipped to conduct aerial videography of professionalfootball game and training facilities, requests a limited exemption from the below-listedregulations to allow commercial operation of its sUASs, provided that the proposed sUASoperations comply with the conditions outlined below or as established by the Federal Aviation

Administration (FAA) under Section 333.

The name and address of the applicant is: NFL Productions LLC, One Sabol Way, Mt.Laurel, N.J. 08054, c/o Barry M. Wolper, Chief Financial Officer, (856) 222-3545,

[email protected].

NFL Films makes this request under the summary grant process that the FAAannounced in April 2015.1 This request is similar in all material respects to a number of recentgrants of exemption, including Grant of Exemption No. 11488 to Advanced AerialCinematography, LLC (FAA Docket No. 2014-0090).2

Regulations from which the exemption is requested:

14 C.F.R. part 21

14 C.F.R. 45.23 (b)

14 C.F.R. 61.113 (a) & (b)

1SeeFAA Summary Grants Speed UAS Exemptions, available athttps://www.faa.gov/news/updates/?newsId=82485.

2The use limitations and arguments in this application are nearly identical to those contained inAdvanced Aerial Cinematographys November 24, 2014 application and the FAAs May 5, 2015approval of that application.


44/138


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. 91.405 (a)

14 C.F.R. 407 (a) (1)

14 C.F.R. 409 (a) (2)

14 C.F.R. 417 (a) & (b)

NFL Films proposes that it receive an exemption to use sUAS to gather footage fromclosed-set locations in and around NFL stadiums (on non-game days) and NFL practice

facilities. NFL Films would use the footage for the production of television programs. NFLFilms would obtain the consent of all personnel in the stadiums and practice facilities in the

vicinity in which the sUAS may operate.

The proposed sUAS operation will be conducted safely to minimize risk to the nationalairspace system (NAS) or to persons and property on the ground. NFL Films proposes thatthe exemption apply to civil aircraft that operate within the limitations listed below. Theselimitations were established in the FAAs grant of Advanced Aerial Cinematographys request foran exemption:

1. The sUAS will weigh less than 55 pounds, including payload. Proposedoperations of any other aircraft will require a new petition or a petition to amend

this exemption.

2. Operations for the purpose of closed-set motion picture and television filming arepermitted.

3. The sUAS may not be operated at a speed exceeding 87 knots (100 miles perhour). NFL Films may use either groundspeed or calibrated airspeed todetermine compliance with the 87 knot speed restriction. In no case will the UA


45/138


be operated at airspeeds greater than the maximum UA operating airspeed

recommended by the aircraft manufacturer.

4. The UA will be operated at an altitude of no more than 400 feet above groundlevel (AGL). Altitude will be reported in feet AGL.

5. The UA will be operated within visual line of sight (VLOS) of the Pilot in Charge(PIC) at all times. This requires the PIC to be able to use human vision unaided

by any device other than corrective lenses, as specified on the PICs FAA-issuedairman medical certificate or U.S. drivers license.

6. All operations will utilize a visual observer (VO). The UA will be operated withinthe VLOS of the PIC and VO at all times. The VO may be used to satisfy the VLOS

requirement as long as the PIC always maintains the VLOS capability. The VOand PIC will be able to communicate verbally at all times; electronic messaging ortexting will not be permitted during flight operations. The PIC will be designated

before the flight and cannot transfer his or her designation for the duration of theflight. The PIC will ensure that the VO can perform the duties required of the VO.

7. This exemption and all documents needed to operate the sUAS and conduct itsoperations in accordance with the conditions and limitations stated in the grantof exemption, are hereinafter referred to as the operating documents. Theoperating documents will be accessible during sUAS operations and madeavailable to the Administrator upon request. If a discrepancy exists between theconditions and limitations in the exemption and the procedures outlined in theoperating documents, the conditions and limitations herein take precedence and

will be followed. Otherwise, NFL Films will follow the procedures as outlined inits operating documents. NFL Films may update or revise its operatingdocuments. It is NFL Films responsibility to track such revisions and presentupdated and revised documents to the Administrator or any law enforcementofficial upon request. NFL Films will also present updated and reviseddocuments if it petitions for extension or amendment to this grant of exemption.If NFL Films determines that any update or revision would affect the basis upon

which the FAA granted this exemption, then NFL Films must petition for anamendment to its grant of exemption. The FAAs UAS Integration Office (AFS-80) may be contacted if questions arise regarding updates or revisions to theoperating documents.

8.

Any UAS that has undergone maintenance or alterations that affect the UASoperation or flight characteristics, e.g., replacement of a flight critical component,must undergo a functional test flight prior to conducting further operationsunder this exemption. Functional test flights may only be conducted by a PIC

with a VO and must remain at least 500 feet from other people. The functionaltest flight must be conducted in such a manner so as to not pose an undue hazardto persons and property.


46/138


9.

NFL Films is responsible for maintaining and inspecting the UAS to ensure that it

is in a condition for safe operation.

10.Prior to each flight, the PIC will conduct a pre-flight inspection and determinethe sUAS is in a condition for safe flight. The pre-flight inspection will accountfor all potential discrepancies, e.g., inoperable components, items, or equipment.If the inspection reveals a condition that affects the safe operation of the sUAS,the aircraft will be prohibited form operating until the necessary maintenancehas been performed and the sUAS is found to be in a condition for safe flight.

11. NFL Films will follow the sUAS manufacturers maintenance, overhaul,replacement, inspection, and life limit requirements for the aircraft and aircraftcomponents.

12.

Each sUAS operated under this exemption will comply with all manufacturersafety bulletins.

13.Under this grant of exemption, a PIC will hold either an airline transport,commercial, private, recreational, or sport pilot certificate. The PIC will also holda current FAA airman medical certificate or a valid U.S. drivers license issued bya state, the District of Columbia, Puerto Rico, a territory, a possession, or theFederal Government. The PIC also will meet the flight review requirementsspecified in 14 CFR 61.56 in an aircraft in which the PIC is rated on his or herpilot certificate.

14.NFL Films will not permit any PIC to operate unless the PIC demonstrates the

ability to safely operate the sUAS in a manner consistent with how the sUAS willbe operated under this exemption, including evasive and emergency maneuversand maintaining appropriate distances from persons, vessels, vehicles, andstructures. PIC qualification flight hours and currency will be logged in a mannerconsistent with 14 CFR 61.51(b). Flights for the purposes of training theoperators PICs and VOs (training, proficiency, and experience-building) anddetermining the PICs ability to safely operate the sUAS in a manner consistent

with how the sUAS will be operated under this exemption are permitted underthe terms of this exemption. However, training operations may only beconducted during dedicated training sessions. During training, proficiency, andexperience-building flights, all persons not essential for flight operations areconsidered nonparticipants, and the PIC will operate the UA with appropriate

distance from nonparticipants in accordance with 14 CFR 91.119.

15.UAS operations will not be conducted during night, as defined in 14 C.F.R. 1.1.All operations will be conducted under visual meteorological conditions (VMC).NFL Films will not operate flights under special visual flight rules (SVFR).

16.The UA will not operate within 5 nautical miles of an airport reference point(ARP) as denoted in the current FAA Airport/Facility Director (AFD) or forairports not denoted with an ARP, the center of the airport symbol as denoted on


47/138


the current FAA-published aeronautical chart, unless a letter of agreement with

that airports management is obtained or otherwise permitted by a COA issued tothe exemption holder. The letter of agreement with the airport management will

be made available to the Administrator or any law enforcement official uponrequest.

17.

The UA will not be operated less than 500 feet below or less than 2,000 feethorizontally from a cloud or when visibility is less than 3 statute miles from thePIC.

18.If the sUAS loses communications or loses its GPS signal, the UA will return to apre-determined location within the private or controlled-access property.

19.

The PIC will abort the flight in the event of unpredicted obstacles or emergencies.

20.The PIC will be prohibited from beginning a flight unless (considering wind andforecast weather conditions) there is enough available power for the UA toconduct the intended operation and to operate after that for at least five minutesor with the reserve power recommended by the manufacturer if greater.

21.Air Traffic Organization (ATO) Certificate of Waiver or Authorization (COA). Alloperations will be conducted in accordance with an ATO-issued COA. Theexemption holder may apply for a new or amended COA if it intends to conductoperations that cannot be conducted under the terms of the attached COA.

22.

All aircraft operated in accordance with this exemption will be identified by serial

number, registered in accordance with 14 CFR part 47, and have identification(N-Number) markings in accordance with 14 CFR part 45, Subpart C. Markings

will be as large as practicable.

23.Documents used by NFL Films to ensure the safe operation and flight of the sUASand any documents required under 14 CFR 91.9 and 91.203 will be available tothe PIC at the Ground Control Station of the sUAS any time the aircraft isoperating. These documents will be made available to the Administrator or anylaw enforcement official upon request.

24.The UA will remain clear and give way to all manned aviation operations andactivities at all times.

25.The sUAS will not be operated by the PIC from any moving device or vehicle.

26.All Flight operations will be conducted at least 500 feet from all nonparticipatingpersons, vessels, vehicles, and structures, unless:

a.

Barriers or structures are present that sufficiently protectnonparticipating persons from the UA and/or debris in the event of anaccident. NFL Films will ensure that nonparticipating persons remain


48/138


under such protection. If a situation arises where nonparticipating

persons leave such protection and are within 500 feet of the UA, flightoperations will cease immediately in a manner ensuring the safety ofnonparticipating persons; and

b. The owner/controller of any vessels, vehicles or structures has grantedpermission for operating closer to those objects and the PIC has made asafety assessment of the risk of operating closer to those objects anddetermined that it does not present an undue hazard.

The PIC, VO, operator trainees, essential persons, or individuals who have signedconsent forms are not considered nonparticipating persons under thisexemption.

27.

All operations will be conducted over private or controlled-access property withpermission from the property owner/controller or authorized representative.Permission from property owner/controller or authorized representative will beobtained for each flight to be conducted.

28.Any incident, accident, or flight operation that transgresses the lateral or verticalboundaries of the operational area as defined by the applicable COA will bereported to the FAAs UAS Integration Office (AFS-80) within 24 hours.

Accidents will be reported to the National Transportation Safety Board (NTSB)per instructions contained on the NTSB Web site: www.ntsb.gov.

If this exemption permits operations for the purpose of closed-set motion picture and

television filming and production, the following additional conditions and limitationsapply:

29.NFL Films will have a motion picture and television operations manual(MPTOM) as documented in this grant of exemption.

30.At least 3 days before aerial filming, NFL Films will submit a written Plan ofActivities to the local Flight Standards District Office (FSDO) with jurisdictionover the area of proposed filming. The 3-day notification may be waived with theconcurrence of the FSDO. The plan of activities must include at least thefollowing:

a.

Dates and times for all flights;

b. Name and phone number of the operator for the sUAS aerial filmingconducted under this grant of exemption;

c. Name and phone number of the person responsible for the on-sceneoperation of the sUAS;

d. Make, model, and serial or N-Number of the sUAS to be used;


49/138


e.

Name and certificate number of sUAS PICs involved in the aerial filming;

f. A statement that the operator has obtained permission from propertyowners and/or local officials to conduct the filming production event; thelist of those who gave permission will be made available to the inspectorupon request;

g. Signature of exemption holder or representative; and

h. A description of the flight activity, including maps or diagrams of anyarea, city, town, county, and/or state over which filming will be conductedand the altitudes essential to accomplish the operation.

31.

Flight operations may be conducted closer than 500 feet from participatingpersons consenting to be involved and necessary for the filming production, asspecified in the exemption holders MPTOM.

Unless otherwise specified, the sUAS operations will comply with all applicable parts of14 CFR including, but not limited to, parts 45, 47, 61, and 91. NFL Films incorporates allarguments in support of the petition made in Advanced Aerial Cinematographys November 24,2014 application for exemption.

Federal Register Notice

As stated above, publication in the Federal Register is unnecessary because thisapplication meets the FAAs criteria for summary approval. To the extent that the FAA

determines that publication is necessary, the following summary is provided:

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) and (b);91.405 (a); 91.407 (a)(1); 91.409 (a)(2); 91.409 (a)(2) and 91.417 (a) & (b)to operate commercially a small unmanned vehicle (55 lbs or less) in

videography operations.

The Exemption is in the Public Interest

As demonstrated above, the proposed sUAS operations would minimize the risk of harm

to individual safety or damage to the NAS and property. The operations proposed by NFL Filmswould provide tremendous public benefits by enabling millions of NFL fans to view footage thatcould not be captured via any other technology. The sUAS operations as described in thisapplication will be far safer and more efficient than use of helicopters or other aircraft to capturethe required footage.

The conditions outlined in this petition clearly satisfy Section 333s exemption criteriaregarding size, weight, speed, operational capability, proximity to airports and populated areas,and operation within visual line of sight, and therefore the proposed operations would not


50/138


create a hazard to users of the national airspace system or the public or pose a threat to

national security. As discussed above, NFL Films agrees to use limitations that are substantiallyidentical to those contained in the FAAs recent grant of exemption for Advanced AerialCinematography. Accordingly, the proposed UAS operations of NFL Films should not raisesafety or national security concerns, and should receive summary approval.

Please do not hesitate to contact the undersigned if you need additional information.

Respectfully submitted,

Kurt WimmerJeff Kosseff


51/138

Attachment G


52/138

Month XX, 2015

Exemption No. xxxxRegulatory Docket No. FAA20152139

Mr. Kurt Wimmer

Counsel for NFL Productions LLC dba NFL FilmsOne CityCenter850 Tenth Street, NW.

Washington, DC 20001-4956

Dear Mr. Wimmer:

This letter is to inform you that we have granted your request for exemption. It transmits

our decision, explains its basis, and gives you the conditions and limitations of theexemption, including the date it ends.

By letters dated May 20, 2015, and August 11, 2015, you petitioned the Federal AviationAdministration (FAA) on behalf of NFL Productions LLC dba NFL Films (hereinafter

petitioner or operator) for an exemption. The petitioner requested to operate an unmanned

aircraft system (UAS) to conduct aerial videography and closed-set motion picture andtelevision filming.

See Appendix A for the petition submitted to the FAA describing the proposed operations

and the regulations that the petitioner seeks an exemption.

The FAA has determined that good cause exists for not publishing a summary of the

petition in the Federal Register because the requested exemption would not set a precedent,

and any delay in acting on this petition would be detrimental to the petitioner.

Airworthiness Certification

The UAS proposed by the petitioner are the DJI Phantom 1, DJI Phantom 2, and DJI Inspire

1.

CONCURRENCES

ROUTI NG SYMBOL

TT ARM

I NI TIALS/ SIG

J T

DATE

9/ 15/ 15

ROUTI NG SYMBOL

ARM- 1I NI TIALS/ SIG

DATE

ROUTI NG SYMBOL

AFS- 1

I NI TIALS/ SIG

DATE

ROUTI NG SYMBOL

I NI TIALS/ SIG

DATE

ROUTI NG SYMBOL

I NI TIALS/ SIG

DATE

ROUTI NG SYMBOL

I NI TIALS/ SIG

DATE

ROUTI NG SYMBOL

I NI TIALS/ SIG

DATE

ROUTI NG SYMBOL

I NI TIALS/ SIG

DATE


53/138

2

The petitioner requested relief from 14 CFR part 21, Certification procedures for products

and parts, Subpart HAirworthiness Certificates. In accordance with the statutory criteria

provided in Section 333 of Public Law 11295 in reference to 49 U.S.C. 44704, and inconsideration of the size, weight, speed, and limited operating area associated with the

aircraft and its operation, the Secretary of Transportation has determined that this aircraft

meets the conditions of Section 333. Therefore, the FAA finds that the requested relief from14 CFR part 21, Certification procedures for products and parts, Subpart HAirworthiness

Certificates, and any associated noise certification and testing requirements of part 36, is

not necessary.

The Basis for Our Decision

You have requested to use a UAS for aerial data collection1and closed set motion picture and

filming. The FAA has issued grants of exemption in circumstances similar in all material

respects to those presented in your petition. In Grants of Exemption Nos. 11062 to Astraeus

Aerial (seeDocket No. FAA20140352), 11109 to Clayco, Inc. (seeDocket No.FAA20140507), 11112 to VDOS Global, LLC (seeDocket No. FAA20140382), and

11213 to Aeryon Labs, Inc. (seeDocket No. FAA20140642), the FAA found that the

enhanced safety achieved using an unmanned aircraft (UA) with the specifications describedby the petitioner and carrying no passengers or crew, rather than a manned aircraft of

significantly greater proportions, carrying crew in addition to flammable fuel, gives the FAA

good cause to find that the UAS operation enabled by this exemption is in the public interest.

Having reviewed your reasons for requesting an exemption, I find that

They are similar in all material respects to relief previously requested in Grant of

Exemption Nos. 11062, 11109, 11112, and 11213;

The reasons stated by the FAA for granting Exemption Nos. 11062, 11109, 11112, and11213 also apply to the situation you present; and

A grant of exemption is in the public interest.

Our Decision

In consideration of the foregoing, I find that a grant of exemption is in the public interest.Therefore, pursuant to the authority contained in 49 U.S.C. 106(f), 40113, and 44701,

delegated to me by the Administrator, NFL Productions LLC dba NFL Films is granted an

exemption from 14 CFR 61.23(a) and (c), 61.101(e)(4) and (5), 61.113(a), 61.315(a),91.7(a), 91.119(c), 91.121, 91.151(a)(1), 91.405(a), 91.407(a)(1), 91.409(a)(1) and (2), and

91.417(a) and (b), to the extent necessary to allow the petitioner to operate a UAS to perform

1Aerial data collection includes any remote sensing and measuring by an instrument(s) aboard the UA.

Examples include imagery (photography, video, infrared, etc.), electronic measurement (precision surveying, RF

analysis, etc.), chemical measurement (particulate measurement, etc.), or any other gathering of data by

instruments aboard the