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Mark E. McKinnon

703.336.870 8
Matthew J. Clark

703.336.8714 Email Address mmckinnonf@mckennalong.com mclark@mckennalong.com

April 16, 2015

U.S. Department of Transportation Docket Management System 1200 New Jersey Ave., SE Washington, DC 20590

Re: 

### Second Amendment to Exemption No. 11241 Issued to Phoenix Air
UNMANNED, LLC Pursuant to Section 333 of the FAA Reform Act (Doc ket No. FAA

- 2014

- 0692)

Dear Gentlemen :

Phoenix Air UNMANNED, LLC ("Phoenix Air UNMANNED") was issued Exemption No.

11241 on March 26, 2015 (hereinafter "the Exemption") , allowing commercial operation of the Pulse Vapor 35 and Vulcan Octo UASs for aerial data collection and filming. On March 31, 2015, Phoenix Air UNMANNED filed a petition to amend the Exemption to allow operation of the Pulse Aerospace Vapor 55 UAS under the same conditions and limitations contained in the Exemption. That petition to ame nd the Exemption remains pending.

Phoenix Air UNMANNED hereby requests a second amendment to the Exemption to allow

UAS operations for the purpose of closed

- set motion picture and television filming. Specifically,

Phoenix Air UNMANNED seeks revision to c onditions and l imitations number 2 of the Exemption

to state:

"2. Operations for the purpose of closed

- set motion picture and television filming are permitted."

In all other respects, the closed

- set motion picture and television filming will be conducted in accordance with the same conditions and limitation contained in the Exemption.

As required by condition s and limitation s number 29 of the Exemption, the Petitioner is filing under separate cover the Phoenix Air UNMANNED, LLC Movie Production and Telev isionU.S. Department of Transportation

April 16, 2015 Page 2

Operations Manual ("MPTOM"). The MPTOM is submitted as a confidential document pursuant to
14 C.F.R. § 11.35(b), as the materials contain confidential commercial and/or proprietary

information that Phoenix Air UNMANNED has not and will not share wit h others. Additionally, these documents contain operating conditions and procedures that are not generally available to the public and are protected from release under the Freedom of Information Act, 5 U.S.C. § 552 et seq.

Phoenix Air UNMANNED believes that an amendment allowing UAS operations for the purpose of closed

- set motion picture and television filming is in the public's interest as it would

reduce hazards and emissions associated with alternate use of helicopters to conduct similar closed

set fi lming operations. Petitioner's UASs are light weight and do not carry any flammable fuel, further reducing the risk from any potential accident.

Phoenix Air UNMANNED respectfully submits that this amendment qualifies for summary grant approval. The FAA h as already granted previous exemptions si milar to this amendment request, namely; small UAS operations for film/television production. See e.g.
, Grant of Exemption to Ryan K. Koffman , Exemption No. 11314. Given that the proposed operations will fully com ply

with the other conditions of the Exemption, there is no need for the FAA to repeat the analysis performed for the original exemption on which this amendment is based. For these same reasons, good cause exists so that notice does not need to be publish ed in the Federal Register for the requested amendment.

If you have any questions, or need any additional information to process the requested

amendment to allow UAS operations for the purpose of closed

- set motion picture and television filming, please do not hesitate to contact the undersigned.

Very truly yours,

Matthew J. Clark

Mark E. McKinnon

Counsel for Phoenix Air UNMANNED, LLC

AttachmentsU.S. Department of Transportation

Ap ril 16, 2015 Page 3

(These attachments are submitted a s a Confidential Document under 14 C.F.R. § 11.35(b) and exempt from disclosure under the Freedom of Information Act, 5 U.S.C. § 552 et seq. , and any other requirements established by the FAA pursuant to Section 333 of the Reform Act).

Attachments:

Phoenix Air UNMANNED, LLC Movie Production and Television Operations Manual ( MPTOM)