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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 Gordon VICE Media
99 N 10th St
Brooklyn, NY 11249
September 24, 2015
Federal Aviation Administration National Freedom of Information Act Staff, ARC-40 800 Independence Avenue, SW Washington, 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 of any 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]
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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 of Information Act should be administered with a clear presumption: In the case of doubt, 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 of pages 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; if applicable, 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
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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 of the 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 fulfillCongress’s 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-R C6.1.4.1 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 Nat’l Security Archive v.Dep’t 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 FOIA reveals, “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 of government operations. The public interest in this significant expansion of publicunderstanding of government operations far outweighs any commercial interest of my 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.
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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
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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
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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
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Attachment A
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May 20, 2015
U.S. Department of TransportationDocument Management System1200 New Jersey Ave., SE
Washington, DC 20590
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,
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)
1 See FAA Summary Grants Speed UAS Exemptions, available athttps://www.faa.gov/news/updates/?newsId=82485.
2 The use limitations and arguments in this application are nearly identical to those contained in Advanced Aerial Cinematography’s November 24, 2014 application and the FAA’s May 5, 2015approval of that application.
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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 FAA’s grant of Advanced Aerial Cinematography’s 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
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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 PIC’s FAA-issuedairman medical certificate or U.S. driver’s 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 FAA’s 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.
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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 manufacturer’s 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. driver’s 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 will be 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 theoperator’s PICs and VOs (training, proficiency, and experience-building) anddetermining the PIC’s 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
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the current FAA-published aeronautical chart, unless a letter of agreement with
that airport’s 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
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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 vertical boundaries of the operational area as defined by the applicable COA will bereported to the FAA’s 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 of Activities 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;
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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 holder’s 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 Cinematography’s November 24,2014 application for exemption.
Federal Register Notice
As stated above, publication in the Federal Register is unnecessary because thisapplication meets the FAA’s 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 Films would 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 333’s 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
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“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 FAA’s 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
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Attachment B
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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. 1–2
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. 2–7
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]
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Attachment C
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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/
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Attachment D
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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., 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).
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
closed‑set 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
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Attachment E
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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 on Regulations.gov once the agency has
reviewed it. This process is dependent on 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
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Address:
800
Independence
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City:
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ZIP/Postal
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Attachment F
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DC: 5806013-1
Filed Electronically Via Regulations.gov August 11, 2015
Dan NgoFAA Office of Rulemaking800 Independence Ave. SW
Washington, DC 20591
Re: FAA-2015-2139
Dear Mr. Ngo:
Attached please find a Motion Picture and Television Operations Manual (“MPTOM”)prepared by NFL Films for the above-referenced docket. The MPTOM includes, at Appendix B,a description of the aircraft makes, models, and types, as requested, for the proposed UASoperation.
This letter and the attachment were filed online at regulations.gov in Docket No. FAA-2015-2139.
Please contact me if you have any questions.
Sincerely,
/s/ Stephen Kiehl
Stephen Kiehl
Attachment
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Motion Picture and TelevisionFlight Operation Manual
NFL Productions LLC d/b/a NFL Films One Sabol WayMt. Laurel, NJ 08054(856) 222-3545 | (856) 291-5455 (Fax)
Date: August 11, 2015 Version: Original
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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 Personnel—Minimum 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
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Page 3 of 14
Revision Control Page
Revision # Date Initials
______________________________________________________________________________
______________________________________________________________________________
______________________________________________________________________________
______________________________________________________________________________
______________________________________________________________________________
______________________________________________________________________________
______________________________________________________________________________
______________________________________________________________________________
______________________________________________________________________________
______________________________________________________________________________
______________________________________________________________________________
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______________________________________________________________________________
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______________________________________________________________________________
______________________________________________________________________________
______________________________________________________________________________
______________________________________________________________________________
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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 pilot’s
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 issued periodically 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
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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 a period 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
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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 Texans NRG 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
Levi’s 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
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Page 7 of 14
NFL Practice Facilities
Arizona CardinalsUniversity of Phoenix Stadium
Glendale, AZ 85305
Miami DolphinsMiami Dolphins Training Facility
Davie, FL 33314
Atlanta Falcons
Atlanta Falcons Training Complex
Flowery Branch, GA 30542
Minnesota Vikings
Minnesota State University – Mankato
Mankato, MN 56001
Baltimore Ravens
Baltimore Ravens Under Armour Performance
CenterOwings Mills, MD 21117
New England Patriots
Gillette Stadium
Foxboro, MA 02035
Buffalo Bills
St. John Fisher CollegeRochester, NY 14618
New Orleans Saints
The GreenbrierWhite Sulpher Springs, WV 24986
Carolina PanthersWofford College
Spartanburg, SC 29303-3663
New York GiantsQuest Diagnostics Training Center
1925 Giants Drive
East Rutherford, NJ 07073
Chicago Bears
Olivet Nazarene UniversityBourbonnais, IL 60914
New York Jets
Atlantic Health Jets Training CenterFlorham Park, NJ 07932
Cincinnati BengalsPaul Brown Stadium
Cincinnati, OH 45202
Oakland Raiders Napa Valley Marriott Hotel
Napa, CA 94558
Cleveland BrownsCleveland Browns Training Facility
Berea, OH 44017
Philadelphia Eagles NovaCare Complex/Lincoln Financial Field
Philadelphia, PA 19145
Dallas Cowboys
Marriott Residence Inn
Oxnard, CA 93036
Cowboys Center
Irving, TX 75063-4999
Pittsburgh Steelers
St. Vincent’s College
Latrobe, PA 15650
UPMC Sports Performance Complex
Pittsburgh, PA 15203-2349
Denver Broncos
Paul D. Bowlen Memorial Broncos Center
Englewood, CO 80112
St. Louis Rams
Rams Park Training Facility
Earth City, MO 63045
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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 & Levi’s 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).
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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
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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 manufacturer’s 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 Personnel—Minimum 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. driver’s 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
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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.
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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:
________________________________________
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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)
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Page 14 of 14
Appendix C
NFL Films’ Letter Requesting Limited Exemptions
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May 20, 2015
U.S. Department of TransportationDocument Management System1200 New Jersey Ave., SE
Washington, DC 20590
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,
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)
1 See FAA Summary Grants Speed UAS Exemptions, available athttps://www.faa.gov/news/updates/?newsId=82485.
2 The use limitations and arguments in this application are nearly identical to those contained in Advanced Aerial Cinematography’s November 24, 2014 application and the FAA’s May 5, 2015approval of that application.
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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 FAA’s grant of Advanced Aerial Cinematography’s 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
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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 PIC’s FAA-issuedairman medical certificate or U.S. driver’s 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 FAA’s 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.
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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 manufacturer’s 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. driver’s 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 will be 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 theoperator’s PICs and VOs (training, proficiency, and experience-building) anddetermining the PIC’s 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
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the current FAA-published aeronautical chart, unless a letter of agreement with
that airport’s 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
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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 vertical boundaries of the operational area as defined by the applicable COA will bereported to the FAA’s 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 of Activities 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;
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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 holder’s 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 Cinematography’s November 24,2014 application for exemption.
Federal Register Notice
As stated above, publication in the Federal Register is unnecessary because thisapplication meets the FAA’s 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 Films would 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 333’s 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
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“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 FAA’s 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
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Attachment G
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Month XX, 2015
Exemption No. xxxxRegulatory Docket No. FAA–2015–2139
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 a