## Furnald Law

2150 E. Washington Ave.

Madison, WI 53704

tel (608) 347

- 3471 Joshua@furnlaw.com

J uly 20

, 201 6

U.S. Dept. of Transportation, Docket Operations

West Building Ground Floor, Room w12

- 140

Washington, DC 20590

AMENDMENT TO : Exemption No. 14948 dated February 25, 2016

Regulatory Docket No. FAA

– 2015

– 8285

Dear Sir or Madam :

JMedia LLC i s hereby amending Exemption No. 14948 (“Application”) also filed under

Regulatory Docket FAA

- 2015

- 8285 to include nighttime operations.

For all of the reasons listed in the Application

, this Exemption Request is also in the

public interest, within the FAA’s authority

, and not a danger to the NAS.

In addition, i n light of the FAA’s recent UAV Notice of Proposed Rulemaking (“NPRM”) 1

, JMedia believes that the operating conditions set forth in this request for Exemption

Request constitute “reasonable mitigation” for nighttime operations that would ensure

that JMedia maintains an equivalent level of safety and requests that the FAA consider

such mitigation to grant JMedia’s Exemption Req uest and permit nighttime flights. The

information below is intended to amend and supplement JMedia’s exemption request.

In the NPRM, the FAA acknowledged a willingness to consider “any reasonable

mitigation which would ensure that an equivalent level of safety is maintained while

operating in low

- light areas.” 2 While JMedia acknowledges and shares the FAA’s

concerns regarding low

- light operations, 3 JMedia believes that the operating conditions

set forth in this Exemption Request constitute reasonable miti gation that shall provide

an equivalent level of safety achieved during daylight operations and the FAA should

permit JMedia’s nighttime flights. 4

1 See FAA, Operation and Certification of Small Unmanned Aircraft Systems, Notice of Proposed

Rulemaking at 70 (Feb. 15, 2015). JMedia reserves the right to amend its op erations to avail itself of the

permitted operations under FAA’s final rules for commercial sUAS operations, 14 C.F.R. Part 107.

2 See FAA, Operation and Certification of Small Unmanned Aircraft Systems, Notice of Proposed

Rulemaking at 70 (Feb. 15, 2015).

3 Id. at 70

- 71.

4 JMedia’s pilots have conducted hobby model aircraft and UAS flights at night for 10 years, a nd there

have been no incidents causing risk to other airspace users or persons on the ground.Page 2 of 5

2 I. NIGHTTIME RISKS AND JMEDIA’S MITIGATION

JMedia ’ s operations include strict controls to ensure that the UAV will be seen at all

t imes and the operator will be able to avoid other airspace users. The operating area

will consist of a limited virtually

- fenced operating, take

- off, landing, and transit areas

within visual line

- of

- sight (“VLOS”) of the operator. This area will be illuminated. As

discussed further below, JMedia ’ nighttime UAV s are all operated with lights at all times.

These lights are visible up to distances of 3 ,000 feet, well beyond the distance from

which the operator will be controlling the UAV . Therefore, the operator will be able to

maintain sight of the lit UAV in an illuminated, limited footprint, controlled

- access

operating area.

Concurrently, JMedia’ nighttime operations will also require a visual observer (“VO”) to

monitor the UAV airspa ce and surrounding airspace to assist the operator with avoiding

other airspace users. The VO will not only be able to monitor other aircraft in the area

by identifying their required lighting, but audibly monitor the airspace during a time

with reduced am bient noise. The VO will also be able to verbally communication with

the operator, providing immediate warnings of ot her airspace users that require

avoidance action by the UAV operator.

The UAV will also be operating below 400 feet above ground level (“AGL”), lower than

the minimum altitude for other airspace users with a 100 foot buffer. The ability of

manned aircraft to “see

- and

- avoid” UAV will rarely be required if the manned aircraft is

appropriately flying above the required 500 feet AGL. JMedia’ nighttime UAV is

equipped and will operate with lighting for the identification of the UAV’ location. In

addition, airspace users will have knowledge of JMedia’ nighttime operations and

limited operating footprint through JMedia’ submitted NOTAM.

To avoid posing a risk to persons on the ground at nighttime, JMedia will only operate

the UAV in a controlled and limited footprint with controlled access and

barriers/protection for nonparticipating persons. The operating area will be illuminated

so that the ope rator and VO can see any persons on the ground. If there is an incursion,

the flight must terminate immediately with the operator able to determine that the UAV

can land safely.

JMedia believes that its nighttime operations under the conditions discussed above and

with the lights on

, the U AV will be at least as safe as those with manned aircraft with an

airworthiness certificate. Given the unique multi

- directional and slow

- speed operation

of the UAV, lights that can be seen up to almost one mile on all fou r rotor arms will

provide ample visibility of the UAV to other airspace users in all directions without the

need for position lights or anticollision lights on the UAV. With the use of an illuminated

operating area, and UAV lighting, the operator will also be able to ensure that any take

off and landing area is clear of any persons, achieving an equivalent level of safety

achieved by taxi or landing lights. In addition, JMedia will be obliged to give the right

- of

-Page 3 of 5

3 way to all other aircraft that will be fully aware of JMedia’ limited

- footprint operations

through JMedia’ NOTAM.

Nighttime flights are a critical factor to JMedia’ s intended commercial operation and

closed set filming with a UAV provide s a direct safety benefit. As an alternative to using

UAV s

, i n the past, closed set filming was accomplished with full sized rotorcraft. In

addition, using manned aircraft during nighttime hours at low altitudes poses an equally

significant risk that is overcome by the safety benefits of operating UAS of limited in si ze

and weight at night. If the FAA believes that the “see

- and

- avoid” and persons on the

ground risks require further mitigating steps, JMedia is looking forward to working with

the FAA to establish a framework for safe nighttime operations.

JMedia has ope rated UAV at nighttime as a hobbyist for several years , giving JMedia the

unique ability to realize nighttime hazards and risks, as well as the mitigating actions

necessary to reduce such risks.

Appendix A lists the nighttime

- specific hazards, associated risks, and the corresponding

mitigating actions in JMedia ’ s proposed operating limitations, MPTOM and SOP. JMedia

respectfully submits that such mitigation achieves an equivalent or increased level of

safet y as daytime operations.

II. OPERATING DOCUMENT REVISIONS AND SUPPLEMENTAL INFORMATION

CONTRIBUTING TO AN EQUIVALENT LEVEL OF SAFETY DURING NIGHTIME UAV

OPERATIONS

A. JMedia Will Operate the UAV at Nighttime with Colored L ED Lights that

are Visible in excess of 3 ,000 Feet

J Media only operates UAV that have factory

- installed LED lighting systems which are

visible in excess of 3,000 feet

. All UAV have lights that differ by color in the fore and aft

of the UAV . The PIC in question is able to see colors. Consequently, the PIC is able to

maintain control over the UAV and ascertain its heading. One could argue quite

effectively that line of sight navigation is, in fact, enhanced by the lack of daylight

because the UAV’s LED li ghting system is mor e visible at night.

B. The Revised MPTOM and SOP Ensure the PIC and Observer’s Night

Adaptation

JMedia has made appropriate revisions to its operational documents to ensure night

flights are conducted with equ ivalent levels of safety. These changes include ambient

lighting at the Operating Area and maintaining VLOS at all times by both PIC and VO.

C. JMedia’s Revised MPTOM and SOP Reflect Nighttime Operations and

Training

Please see attached document for details.Page 4 of 5

4 D. The PIC During Night Flights has Extensive Experience Contributing

toward Equivalent Safety Standards

Bill Johnsen, the primary PIC for JMedia and only PIC for night flights has obtained a

comm ercial aviation certification. JMedia maintains that the trai ning and experience

undergone by commercial pilots is more than needed to create an equivalent level of

safety for night UAV flights. For instance, Bill Johnsen has hundreds of hours of IFR

flights and hundreds of night landings and approaches involving f ull

- sized aircraft.

More, Bill Johnsen is a risk control expert with thirty

- five years of experience as a

Certified Insurance Counselor. JMedia is risk averse. Also, Bill Johnsen is a Certified

Professional Photographer. JMedia can complete the shoot e fficiently and in the

shortest time possible.

The FAA can be assured of equivalent safety during JMedia’s nighttime flights.

If you have any questions or comments, please do not hesitate to contact our office.

Sincerely,

Joshua Furnald, Esq.

Furnald Law

2150 East Washington Ave.

Madison, Wisconsin 53704

608) 347

- 3471Page 5 of 5

5 

### Appendix A

Risk Mitigation

Ascertain UAV Heading UAV has different colored lights for and aft

Incursion avoidance with

other aircraft JMedia posts NOTAMs in advance of all commercial flights. PIC

and VO can listen and observe for other aircraft

Operational Area Safety Operational area will have ambient lighting and closed set

filming standards will be used at all times

PIC Lack of Experience PIC has c ommercial pilot’s certification, Certified Insurance

Counselor, Certified Professional Photographer with decades of

full sized aviation and hobby UAV flight experience, including

night flightsD a t e : 7.20.2016 R ev i s i on : 1.1 

# Motion Picture and Television

Operation Manual

JMedia LLC

402 Broadway St.

Baraboo, WI 53913D a t e : 7.20.2016 R ev i s i on : 1.1 

### Table of Contents

1. Introduction

................................ ................................ ................................ ................................ ............. 4

A. Purpose

................................ ................................ ................................ ................................ ................. 4

B. Pilot/Operator Organization

................................ ................................ ................................ ................. 4

C. Persons Authorized

................................ ................................ ................................ ............................... 4

D. Area of Operations

................................ ................................ ................................ ................................ 4

E. Plan of Activities

................................ ................................ ................................ ................................ .... 4

F. Per m ission to Operate

................................ ................................ ................................ .......................... 5

G. Security

................................ ................................ ................................ ................................ ................. 6

H. Briefing of Personnel

................................ ................................ ................................ ............................ 6

I. Air w orthiness

................................ ................................ ................................ ................................ .... 6

J. PIC M ini m um Require m ents

................................ ................................ ................................ .............. 6

K. Communications

................................ ................................ ................................ ................................ .. 7

L. Accident Notification

................................ ................................ ................................ ............................ 7

M. R ecall/Stop Procedures

................................ ................................ ................................ ....................... 7

O. Special Provisions

................................ ................................ ................................ ................................ 7

2. Co m pany O r gan i za ti on

................................ ................................ ................................ ........................... 8

A. Chief Pilot

– William S. Johnsen

................................ ................................ ................................ ............ 8

B. Pilot in Command

– William S. Johnsen

................................ ................................ ................................ 8

Appendices Following

................................ ................................ ................................ ................................ . 10

(Page Omitted)

................................ ................................ ................................ ................................ ............ 10

Appendix A

- List of Approved Pilots

................................ ................................ ................................ ........... 11

Appendix B

- List of Approved Aircraft

................................ ................................ ................................ ........ 12

Appendix C

- Permission Acquisition Form

................................ ................................ ................................ . 13

Appendix D

- Rev i s i on Le tt er

................................ ................................ ................................ ...................... 14D a t e : 7.20.2016 R ev i s i on : 1.1 

## Rev i s i o n Con tr o l Pag e

Revision# Date InitialsD a t e : 7.20.2016 R ev i s i on : 1.1 

## 1. Introduction

A. Purpose

This manual has been developed by JMedia LLC

, hereafter referred t o as

" JMedia ”

, in conjunction with an amendment to an application for an Exemption

to the provisions of FAR 91.119 (b) and (c) for the purposes of Night Closed S et

filming

. When applicable, JMedia employees and agents will comply with the

policies, procedures and conditions of this Motion Picture Television Operations

Manual (“MPTOM) while conducting UAV photography or cinematography.



### B. Pilot/Operator Organization

JMedia , LLC

William S. Johnsen , Manager

402 Broadway St.

Baraboo, WI 53913

(608) 963

- 9345



### C. Persons Authorized

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

structures directly involved in the performance of the actual filming. The

certificate holder shall ensure that no persons are allowed within 500 feet of the

area except those consenting to be involved and necessary for the f ilming

production. This provision may be reduced to no less than 30 feet when an

equivalent level of safety can be achieved.



### D. Area of Operations

JMedia ’s a pproved area of operations will be the United States , including Hawaii

and Alaska.



### E. Plan of Activities

At least three (3) days prior to any scheduled filming, JMedia w ill submit a

written plan of activities to the local FSDO having jurisdiction over that area.

The plan of activities should include the following:

(1) Dates and times for all flights.

(2) Name and phone number of t he operator for the UAV a erial f ilming

conducted under the specific grant of exemption.

(3) Name and phone number of person responsible (“PIC”) for the on

- sceneD a t e : 7.20.2016 R ev i s i on : 1.1 operation of the UAV

.

(4) Make, model, and serial or N

- number of aircraft to be used.

(5) Name and certificate or license number s of PICs involved in the

filming production event

.

(6) A statement that the w aiver h older has obtained permission from

property owners and/or local officials to conduct the filming production

event. The list of those who gave permission must be made available to

the I nspector upon request from the waiver holder.

(7) Signature of e xemption h older or representative.

(8) A description of the flight activity including maps or diagrams of any area,

city, town, county, and/or State over which filming will be conducted and

the minimum altitudes essential to accomplish the operations.

The three (3) day notification may be waived. H owever, the operator should

contact the FSDO as soon as possible with this request and be prepared to

explain in detail why the three (3) day notification is not practical.



### F. Per m ission to Operate

Before any flight operations is conducted at less than 500 feet from participating

persons under t he provisions of the certificate of waiver and this manual, the

operator will obtain permission to conduct these operations 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

(5) Air traffic control

The pers onnel obtaining such permission will do so in writing whenever

practicable. H owever, verbal permission is acceptable. A standard

permission form is provided in Appendix C and may be used when obtaining

written permission. JMedia will assure a sufficient number of those forms are

available at the job site. Written permission forms will be maintained at the

job site until flight operations are completed, and then turned into William S.

Johnsen to be kept on file for a minimum of six (6) months. These forms will

be made available for inspection by the FAA or other official personnel upon

request.D a t e : 7.20.2016 R ev i s i on : 1.1 

### G. Security

Prior to any flight operation the PIC will coordinate with appropriate production

personnel to devise a plan of securing the area(s) of operation from all

unauthorized persons and vehicles. Provisions will be made to immediately

discontinue operations should the area(s) become unsecured or for any other

reason in the interest of safety.

The secured operational area shall be marked off, lit by ambient lighting and

controlled at all times by JMedia.



### H. Briefing of Personnel

Prior to the start of any operation under the provisions of this manual, the PIC

will conduct a briefing of all procedures to participating personnel of the risks

involved, emergency procedures, and safeguards to be followed during the

filming production event. Personnel will also be briefed on additional provisions

that may be issued by the FSDO that has geographic responsibility for the

operational area, including the location of boundaries or time limits. The

briefing shall cover:

• Authorization for closed set filming under a ttached special provisions

• Operations manual

• Plan of activities

• Radio Communications

• Takeoff

• Aviation activities to be conducted during the filming production event

• Approach and landing procedures

• Recall procedures

• Emergency procedures

• Risks to participating personnel

• How to control nonparticipating persons



### I. Air w orthiness

All of JMedia ’s a ircraft used in any operation will be properly approved for use in

JMedia ’s Certificate of Waiver or Certificate of Authorization

.

Other required tests and inspections will be performed when necessary. Each

aircraft will have a flight log containing upcoming scheduled maintenance and

inspections and the dates or times they must be performed. A section for

discrepancies is also found in the flight log. The PIC will assure the aircraft to be

flown is in airworthy condition and all required inspections and maintenance has

been completed before each flight.



### J. PIC M ini m um Require m entsD a t e : 7.20.2016 R ev i s i on : 1.1 The pilot/operator shall establish and specify the minimum pilot

requirements. Minimum requirements shall meet or exceed the following:

(1) A Commercial pilot certificate and a current driver’s license or medical

certificate.

(2) At least 50 hours logged as PIC and at least 50 hours logged as the PIC

with the aircraft type.

( 3 ) A minimum of 1 5 hours in the make and model aircraft to be used under

the waiver.

(4) A minimum of 15 hours of flight time at night as a hobbyist under similar

circumstances.



### K. Communications

Prior to the start of any operation covered by this manual, the PIC 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 is capable of keeping the

participants continuously appraised of the current status of the operation.



### L. Accident Notification

Should an accident or incident requiring notification of the NTSB occur,

the notification requirements of FAR Part 830 would comply.



### M. 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.



### O

. Special Provisions

The controls, procedures, and conditions set forth in th is MPTOM is the

primary assurance that persons on the surface will not be jeopardized.

The aircraft and PICs used under this authorization and/or waiver will only be

those specified in the m otion picture and television operations manual

(Attached Appendices ) or asso ciated plan of activities. Each pilot in

command ’s name and certificate number shall appear on each daily plan of

activity.

Each pilot

- in

- command conducting operations authorized under this

certificate understands the conditions of issuance, and that it constitutes a

waiver of FAR 91.119 (b) and (c) (see attached document under “Appendix

B”)

. Rotorcraft takeoff and landing areas will be protected in a manner that

will prevent unauthorized persons from entering the takeoff and landing

area.D a t e : 7.20.2016 R ev i s i on : 1.1 JMedia will ensure that the participating persons involved in the

operations are thoroughly briefed on special procedures, communication,

emergency procedures, and on the provisions of the authorization and/or

waiver before beginning the activities. No person may participate in any

event unless that person has received a briefing on the provisions of the

waiver.



## 2. Co m pany O r gan i za ti on

A. Chief Pilot

– William S. Johnsen

Du ti e s an d Respons i b iliti es :

• Final word in the formulation of policy and procedures concerning

this manual.

• Act as liaison between JMedia and the FAA on matter s concerning this

manual.

• Assure that each approved pilot is issued a copy of this manual and obtain

a signed statement from each that they have read and understand its

contents.

• Maintain a current copy of this manual at the main base of operations for

JMedia

.

• Responsible for assuring that all revisions to this manual are distributed

and processed properly.

• Must approve or disapprove each proposed job or operation performed by

JMedia under the provisions of this manual.

• Assume the responsibilities of pilot in command when acting as such.

• The chief pilot may delegate functions to other personnel but

retains responsibility.



### B. Pilot in Command

– William S. Johnsen

Du ti e s an d Respons i b iliti es :

• Assure that aircraft to be flown is in airworthy condition and all inspections

and required maintenance have been performed as per appropriate FAR's.

• Be very knowledgeable of the contents of this manual and abide byD a t e : 7.20.2016 R ev i s i on : 1.1 the procedures, policies and conditions contained herein.

• Coordinate with personnel to formulate plans, routes, locations, etc. with

safety of all persons involved in the primary concern.

• Maintain their copy of this manual in current condition and have it on site at

any job or operation requiring the waiver.

• The PIC may delegate functions to other personnel, but retains

responsibility.D a t e : 7.20.2016 R ev i s i on : 1.1 

## Appendices Following

(Page Omitted)D a t e : 7.20.2016 R ev i s i on : 1.1 

## Appendix A

- List of Approved Pilots

Chief Pilot

Name : William S. Johnsen

Certificate Number : 2879129, Dated April 6, 2011

Grade : Commercial

Medical Certificate Applicant ID : 2001317015

Medical Certificate Control # : 200006937758

Contact Number : ( 608) 356

- 5515

(608) 963

- 9345D a t e : 7.20.2016 R ev i s i on : 1.1 

## Appendix B

- List of Approved Aircraft

Make and Model Serial NumberD a t e : 7.20.2016 R ev i s i on : 1.1 

## Appendix C

- Permission Acquisition Form

In signing this form, I am giving the pilots of JMedia LLC p ermission to operate their

UAV at less than 500 feet from person or property or in some jurisdiction in which I

am responsible for or affiliated with, for the purpose of film , photo or tel evision

production.

Name:

Title:

Basis of

Authority:

Location:

Operation

Date

Signature:

Date:

Received by:D a t e : 7.20.2016 R ev i s i on : 1.1 

## Appendix D

- Rev i s i on Le tt er

Revision # Section Page Action Remarks PIC

R

– Remove and Replace

D

– Delete and Destroy

N

– Insert New Page

Manual Serial Number

- Issued to:

Revised By: Date: