1 

### 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 info rmation is missing from your petition (Docket No. FAA-2014- 0400). This information is necessary for the Federal Avia tion 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). A dditionally, 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 Aer obo 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 w ith 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 contempor aneous 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 ow ner/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 conditio ns and limitations is now under review by the FAA. In order to complete th e 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 ope rations, e.g. dark adaptati on prior to night flight, use of supplemental illumination for filming, and/or the c ontrol 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 nighttime2 operations by Order 8900.1, Volume 16, Chapter 5, S ection 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 consiste nt 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 th e requested information (and an y 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 inform ation 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 c ontact 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