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Parker, Joshua (FAA)

From: Parker, Joshua (FAA)

Sent: Thursday, November 05, 2015 7:56 AM

To: 'gswalden@akingump.com'

Subject: Request for Information AeroCine, LLC (FAA-2014-0400)

Dear Mr. Walden: 

This letter is to inform you that the following information is missing from your petition (Docket No. FAA-2014-

0400). This information is necessary for the Federal Aviation Administration (FAA) to process your petition for an 

amendment. 

On June 9, 2015, you, Counsel for AeroCine Ventures Inc., petitioned the Federal Aviation Administration (FAA) for an 

amendment to Exemption 11150A, requesting exemption from part 21, §§ 45.23(b), 61.113(a) and (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), and 91.417(a) and 

(b) of Title 14, Code of Federal Regulations (14 CFR). Additionally, the petition requested revisions to several of the 

existing conditions and limitations contained in Exemption 11150A, dated April 29, 2015 as follows: 

 Condition 1: revise to reflect the weight of the Aerobo X12, which will be in excess of 55 pounds including 

payload 

 Condition 13: revise to allow approval to fly with experienced UAS operators in direct control of the craft, while 

under direct supervision of, and in direct communication with an FAA-licensed private, recreational or sport pilot 

as a VO 

 Condition 15: revise to permit night flight operations for closed set filmmaking 

 Condition 21: revise to permit contemporaneous issuance of NOTAM for breaking news instead of the current 

requirement for 24 hour advanced notification 

 Condition 25: revise to permit the PIC to operate the UAS from a moving platform for closed set filmmaking 

 Condition 26: revise to permit operations over non-participating persons for breaking news flights with a UAS 

weighing no more than 4.4 pounds 

 Condition 27: revise to permit operations over persons in the airspace that is not above private, or controlled 

access property, only with permission from the owner/controller or authorized representative 

On October 27, 2015 the FAA granted Exemption No. 11150B to add the DJI Phantom 3 and DJI Inspire 1 to the 

petitioner’s list of approved aircraft. The Aerobo X12 was not included due to an operational weight in excess of 55 

pounds. 

1. AeroCine Ventures’ request to add the Aerobo X12 and revise several existing conditions and limitations is now 

under review by the FAA. In order to complete the review, the FAA will need the following information: 

2. The letter of petition states, in part, “AeroCine will apply for [sic] will include a request to operate at night, to 

include additional UAS types...” AeroCine also stated “The UAV will be well lit with LEDs.” However, no 

specific Unmanned Aircraft (UA) is specified in the petition. A list of all UA models to be utilized in night flight 

operations is requested. 

3. The petition does not describe the lighting systems on each UA, e.g. color, brightness, whether position, or anticollision. AeroCine should provide a description of the lighting system used on each model of UA to be operated 

in night operations. 

4. The petition does not describe a Safety Case for night time operations, e.g. dark adaptation prior to night flight, 

use of supplemental illumination for filming, and/or the control station, and procedures to ensure the illumination 

does not degrade the dark adaptation of the pilot or visual observer. A safety case is required for nighttime 
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operations by Order 8900.1, Volume 16, Chapter 5, Section 3. The required components of a safety case and 

safety case format may be found in Order 8900.1, Volume 16, Chapter 7, Section 1. 

5. The petition does not describe information regarding the criteria (e.g., training, proficiency, and experiencebuilding) to safely operate the UAS in a manner consistent with the proposed night operations. This information 

may be included in the safety case, operations manual, or in a separate document as determined by AeroCine 

Ventures. 

Please submit the additional information (non-proprietary) to your docket at www.regulations.gov. Once your 

information has been submitted, please also send a copy of the requested information (and any proprietary information), 

as well as your comment tracking number from regulations.gov via e-mail to 333exemptions@faa.gov. If you want us to 

process your request any further, we must receive the information described above by November 19, 2015. The FAA will 

continue our assessment when we receive the aforementioned information. 

If you have any questions, please feel free to contact me utilizing the information below. 

Sincerely, 

Joshua	Parker	

Program	Analyst	

Office	of	Rulemaking		

800	Independence	Ave	SW.,	Suite	812	

Washington,	DC		20591	

Joshua.parker@faa.gov