Drone!UAS Practice Group 

ANTONELLI 

LAW--

U.S. Department of Transportation 

Docket Management System 

1200 New Jersey Ave S,E. 

Washington, D.C. 20590 

Re: Amendment to Mr. Tom Kilpatrick Exemption No. 12152 

Regulatory Docket No. F AA-20 15-1661 

Dear Sir or Madam: 

35 E Wacker Drive 

Suite 1875 

Chicago, IL 60601 

Tel. 312.201.8310 

Jeffrey@Antonelli-Law.com 

June 8, 2016 

Mr. Tom Kilpatrick ("petitioner") requests an amendment to FAA Exemption No. 12152, 

Docket No. F AA-20 15-1661 for the purposes of gaining permission to operate during night hours, 

and for the purpose of flying each of the previously-approved UAVs, found on Regulations.gov at 

Docket No. FAA-2007-3330. 

For your ease in reviewing this request for amendment, please refer to the exhibit list 

beginning on the next page. Documents relating to night operations are being submitted 

confidentially. Pursuant to 14 C.F.R. §11.35, petitioner requests confidential treatment for this 

documentation, submitted as Exhibits 3-4 to this amendment. It requests that the information 

contained in these exhibits not be made public because they are trade secrets whose disclosure 

would harm the owner of the information. They contain valuable commercial data that is not 

publically available and is protected from release under the Freedom oflnformation Act, S U .S.C. 

§552(b)(4). 

If we can provide any additional information to assist your understanding or review of this 

document, please do not hesitate to contact us at 312-201-8310 or via email at Jeffrey@AntonelliLaw.com. 

me ia R. Niemi 

Attorneys fo r. Tom Kilpatrick 
Exhibit List 

Exhibit 1: Conditions and Limitations ... ......................................................................................... 3 

Exhibit 2: Argument to Allow Night Operations ............................................................................ 4 

Exhibit 3: 2014-CSA-144-COA ............................................ Submitted Confidentially to the FAA 

Exhibit 4: Northern Plains Unmanned Aerial Test Site Night Operations Letter ............................ . 

... ... ...... ...................... .... .. ... . ..... .. .. .. ......... .. .. .. ... .. ..... .. .. ... .. ....... Submitted Confidentially to the FAA 

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Exhibit 1: Conditions and Limitations 

Petitioner requests the following change to the Conditions and Limitations of Exemption 

No. 12152: 

1. The operator is authorized by this grant of exemption to use any aircraft identified 

on the List of Approved Unmanned Aerial Systems (UAS) under Section 333 at 

regulatory docket FAA-2007-3330 at www.regulations.gov, when weighing less 

than 55 pounds including payload. Proposed operations of any aircraft not on the 

list currently posted to the above docket will require a new petition or a petition to 

amend this exemption. 

15. UA operations may be conducted during night, as defined in 14 CFR § 1.1 , 

provided: 

a. All flight operations occur within 1 00 feet of the boundaries of a 

permanent structure and no higher than 400 feet AGL. 

b. The UA is equipped with lighted anti-collision lighting. 

c. The UA is equipped to inform the PIC of accurate position, altitude, 

attitude, speed, and heading of the aircraft throughout the flight 

operation. 

d. The petitioner will conduct a day time site assessment to note hazards 

and obstacles that may be difficult to see in low light conditions. 

e. The PIC and VO are in place 30 minutes prior to night operations to 

ensure dark adaptation. 

f. The take-off and landing areas are lighted; thereby allowing the PIC to 

see the distance between the aircraft and ground during takeoff and 

landing and enabling the observer to monitor that non-participants 

remain at a safe distance 

g. The PIC is to have operated the UA listed in the conditions and 

limitations below at night prior to conducting nighttime commercial 

operation. 

h. The PIC will obtain an appropriate level of airman certificate prior to 

operating the U A at night. 

The FAA has previously allowed night operations in Exemption No. 16341 and at the 

Northern Plains Unmanned Aircraft Test Site in Grand Forks, North Dakota, COA 2014-CSA144-COA, as detailed in Exhibits 3-4. For petitioner's argument as to being allowed to operate at 

night, please refer to Exhibit 2: Argument to Allow Night Operations. 

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Exhibit 2: Argument to Allow Night Operations 

Petitioner requests permission from the FAA to conduct operations between the end of 

evening civil twilight and the beginning of morning civil twilight- approximately 30 minutes after 

sunset until 30 minutes before sunrise. Night operations will be conducted in a safe manner in a 

way that will not endanger either other aircraft or non-participants. 

In order to operate with an equal or greater level of safety to daylight operations, routinely 

approved on the UAs petitioner requests, petitioner will follow the same standards allowed by the 

FAA in Exemption No. 13641 and at the Northern Plains Unmanned Aircraft Test Site in Grand 

Forks, North Dakota, COA 2014-CSA-144-COA, as detailed in Exhibits 3-4. 

1. The UAs will not pose a threat to manned aircraft. 

The UAs petitioner wishes to operate at night will not pose a threat to manned aircraft. 

The UA operational area will be within 100 feet of the boundaries of a permanent structure, 

in order to ensure that manned aircraft will not be operating in the same area as the structure. This 

will satisfy proposed condition and limitation 15(a) listed above. Additionally, the UAs to be 

operated at night will be visible from the ground, as well from the air. Petitioner will light the UAs 

as described in the Test Site's Technical Document Library, Volume IV, Section 11.4.28: Night 

Operations, Exhibit 4 to this amendment request. This will satisfy proposed condition and 

limitation 15(b ), listed above. 

The UAs petitioner wish to operate at will be at a lower altitude than fixed-wing aircraft, 

so they will not post a threat to these aircraft. Additionally, the UAs will not pose a threat to any 

low-flying manned helicopters because it will be lit as described previously. Low-flying manned 

helicopters will also be adhering to FAA regulations regarding nighttime lighting, so the PIC and 

VO will easily be able to see and avoid any aircraft nearing the operational area. 

2. Any commercial operations undertaken at night will be conducted with the same care 

as operations during the day. 

When operating at night, petitioner will observe the conditions and limitations in 

Exemption No. 12152, including operating below 400 feet AGL and within VLOS of the PIC and 

VO to see-and-avoid other aircraft, yielding right of way to all other manned operations, and 

requesting a NOT AM no less than 24 hours in advance of operations. As with daytime operations, 

the UA to be utilized will be equipped to inform the PIC of accurate position, altitude, attitude, 

speed, and heading of the aircraft throughout the flight operation, which will satisfy proposed 

condition and limitation 15( c), listed above. 

3. Additional care will be taken to combat lower visibility from the ground during night 

operations. 

Petitioner will take precautions during daylight hours in order to ensure that night 

operations are conducted more smoothly. Prior to conducting an operation at night, with low 

visibility from the ground, petitioner will conduct a day time site assessment to note hazards and 

obstacles that may be difficult to see in low light conditions, satisfying proposed condition and 

limitation 15(d), listed above. Additionally, the PIC and VO will prepare themselves physically 

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for night conditions by being in place 30 minutes prior to night operations, in order to ensure dark 

adaptation. This will satisfy proposed condition and limitation 15( e), listed above. 

4. The flight area will be properly secured to prevent nonparticipants from entering 

into the flight operational area 

In addition to not posing a threat to manned aircraft, petitioner's night operations will not 

pose a threat to nonparticipants. Petitioner will continue to follow the same requirements regarding 

distance from nonparticipants found in its original Exemption, No. 12152. 

Specifically, Operations will only occur within secured areas that are closed off to 

nonparticipants. Further, petitioner will prevent nonparticipants from entering within 500 feet of 

the flight operational area, unless there are sufficient barriers to protect nonparticipants in the event 

of an incident. This area will be lit, as described in proposed condition and limitation 15(f) listed 

above. 

5. The PIC and VO will conduct training in order to be prepared for night operations 

Prior to conduction commercial operations at night, the PIC and VO will engage in training 

appropriate to these particular operations. Petitioner's proposed PIC training will mirror that of the 

Northern Plains UAS Test Site, which is described in that Test Site's Technical Document Library, 

Volume IV, Section 6.3.4. Similarly, petitioner's proposed VO training mirrors that of the Test 

Site's training, described in Volume IV, Section 6.5.3: Visual Observer Training. Exhibit 4. This 

training will be sufficient to meet proposed condition and limitation 15(g), listed above. 

6. The PIC will possess the appropriate level of pilot and medical certificates prior to 

operating at night. 

Finally, the PIC will be properly qualified by obtaining an appropriate level of pilot 

certificate prior to operating, as determined by the FAA. The PIC will also have received 

appropriate medical clearance by a medical professional to ensure that he or she will be able to 

meet the challenges associated with decreased visibility at night. This will ensure that proposed 

condition and limitation 15(h), listed above, is met. 

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