UA VSA Amendment 

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August 20, 2016 

U.S. Department of Transportation 

Docket Management System 

West Building Ground Floor, Rm W12-140 

1200 New Jersey Ave., SE 

Washington, DC 20590 

APPLICATION FOR WAIVER UNDERPART 

107 OF THE SECTION 333 EXEMPTION 

PREVIOUSLY FILED REGULATORY 

DOCKET NO. FAA-2016-2534 

PETITIONER: 

Sol Tucker 

~ ECA Management, Inc. 

20038 Hob Hill Way 

Gaithersburg, MD 20886 

Phone: 310.442.5627: Email: sol.tucker@pushmediagroup.com 

Director: Flight Standards Service: 

By way of Letter of Petition filed by Petitioner on or about January 12, 2016, with a posting date 

of January 27, 2016, Petitioner requested that it be granted an Exemption to conduct certain 

activities for commercial operation. The FAA assigned the Docket No. FAA-2016-2534 to the 

filing. 

Since the filing of the Letter of Petition there have been no change in the conditions and reasons 

relative to public interest and safety that form the basis for granting the original exemption. 

Petitioner hereby requests that the Exemption granted be amended to include: 

To allow Petitioner to conduct aerial photography, videography and cinematography 

during nighttime operations. 

Operator hereby incorporates herein by reference the facts and circumstances set forth in the 

underlying Letter of Petition filed on January 12, 2016, as the basis for this request for a waiver. 

The operator shall add this waiver to its original exemption. It is understood that the proposed 

operations of any other aircraft will require a new petition for a waiver to the exemption. 
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For ease of review this amendment is set forth as follows: 

a. Unmanned Aircraft Systems ("UAS") 

b. UAS Pilot in Command ("PIC") 

c. U AS Operating Parameters 

d. Public Interest 

a. Unmanned Aircraft Systems 

Very specific to nighttime operation Petitioner proposes to use the DJI Inspire for nighttime 

operation. The Inspire is equipped to inform the PIC ofthe location and altitude of the aircraft 

and has lights that can be seen at night from 5000 feet. Additionally, the Inspire is equipped to 

inform the PIC of accurate position, altitude, attitude, speed, and heading of the aircraft 

throughout the flight operation 

The proposed UAS has been previously approved by the Secretary and is found on the monthly 

updated List of Approved Unmanned Aerial Systems (UAS) under Section 333. Regarding, 14 

CFR part 21, Certification procedures for products and parts. In accordance with the statutory 

criteria provided in Section 333 ofPL 112-95 in reference to 49 USC 44704, and in 

consideration of the size, weight, speed, and limited operating area associated with the aircraft 

and their operation, the Secretary of Transportation has previously determined that the Inspire 

meets the conditions of Section 333 and that an airworthiness certificate is not required. 

Consequently, the FAA has previously found that the requested relief from 14 CFR part 21 and 

any associated noise certification and testing requirements of part 36 was not necessary. 

Petitioner additionally requests relief from the following sections 14 CFR §§ 91.405(a) 

Maintenance required, 91.407(a)(l) Operation after maintenance, preventive maintenance, 

rebuilding, or alteration, 91.409(a)(2) Inspections, and 91.417(a) and (b) Maintenance records. 

The FAA has previously determined that relief from§ 91.409(a)(l) is also necessary, because it 

is an alternate inspection requirement of91.409(a)(2). Prior UAS specific reliefhas been granted 

in Grant of Exemption No. 13465A, Kansas State University. Therefore, the FAA found that 

exemption from 14 CFR §§ 91.405(a), 91.407(a)(l), 91.409(a)(l) and (2), and 91.417(a) and (b) 

was warranted subject to identifiable conditions and limitations. 

b. UAS Pilot in Command 

Petitioner's pilots shall be able to operate safely during nighttime operations because they: 

(1) Hold a FAA Private Pilots certificate that allows night operations and second class 

medical certificate; and 

(2) Have completed the petitioner's training program for operation of their sUAS in 

accordance with the operating documents. 

Petitioner's PIC operating at night will be able to discern colors to determine the motion of 

lighted manned aircraft and interpret the relative position of manned aircraft and their direction 

and motion. 
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Additionally, Petitioner understands the UA must never be operated beyond the actual visual 

capabilities of the VO, and the VO and the PIC must have the ability to maintain VLOS with the 

UA at all times. It shall be the responsibility of the PIC to be aware of the VO's visual 

limitations and limit operations of the UA to distances within the visual capabilities of both the 

PIC and VO. 

c. UAS Operating Parameters 

As noted above Petitioner will exercise safety mitigations during small UAS operations. The PIC 

will possess at least a private pilot certificate which allows for nighttime operations with an 

airman medical certificate. Further, the Petitioner proposes that all operations will take place in a 

controlled access environment by requiring consent via waiver for all individuals entering the 

site. Prior to operations a map will be prepared which denotes takeoff and landing points, the 

area of operations, and the emergency descent zones to be used in the event that operations must 

be immediately terminated. The Petitioner will perform a day time site assessment of the 

operating area and note hazards and obstacles that may be difficult to see in low light conditions. 

Petitioner's operational safety measures include the use of preprogrammed flight plans, signage 

concerning the use of U AS in locations where filming is taking place, a lighted takeoff and 

landing area for night operations, and a comprehensive security plan. Petitioner's safety plan 

includes; 1) an identified control point from which the PIC will conduct operations; 2) processes 

to cease operations if unauthorized persons, vehicles, or aircraft enter the area of operation; 3) 

and, visual arm signals and auditory signals to be used during operations to communicate that 

unauthorized persons have accessed the area. 

In the matter of Exemption No. 16341, Industrial Skyworks, Inc. the FAA noted by analogy that 

Kansas State University's, Exemption (13465A), request to operate closer than 500 feet to 

students who were part of a training class were similar to site personnel participating in the 

proposed operation set forth in Industrial Skyworks Exemption request such as people who were 

directly participating in the safe operation of the UAS like the PIC and the visual observer, and 

therefore, did not adversely affect safety. 

Hereto, Petitioner requests that it be allowed to operate closer than 500 feet over site personnel 

participating in the proposed operation. 

Additionally, operations for training, proficiency, or experience building for PICs to qualify to 

operate under this exemption will be conducted during dedicated training sessions. Operations 

for training, proficiency, and experience building may not be conducted within 500 feet of 

people with the exception of people participating in the safe operation of the UA, to ensure the 

safety of others. 

And lastly, UAS operations will be conducted during nighttime operations, as defined in 14 CFR 

§ 1.1, provided the following: 

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 UAS is equipped with lighted anti-collision lighting visible for at least 5,000 feet. 

c. The UAS 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. 
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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 UAS listed in the conditions and limitations below at night 

prior to conducting nighttime commercial operation. The PIC is to have operated the UAS listed 

in the conditions and limitations below at night prior to conducting nighttime commercial 

operation. 

d. Public Interest 

As noted in, Industrial Skyworks, Inc. Exemption No. 16341, the Petitioner was also requesting 

nighttime operation which after review and consideration the FAA felt it was in the public 

interest to grant the request. The enhanced safety and reduced environmental impact achieved 

using a UA with the specifications described by the petitioner and carrying no passengers or 

crew, rather than a manned aircraft of significantly greater proportions, carrying its crew gives 

the FAA good cause to find that the UAS operation enabled by this exemption is in the public 

interest. 

All flight operations shall be conducted at least 500 feet from all persons, vessels, vehicles, and 

structures unless when operating: 

a. Over or near people directly participating in the safe operation of the UAS. People directly 

participating in the safe operation of the UAS include the PIC, VO, and other consenting 

personnel that are directly participating in the safe operation of the UA. 

b. Near but not over people directly participating in the intended purpose of the UAS operation. 

People directly participating in the intended purpose of the UAS includes site personnel who 

must be briefed on the potential risks and acknowledge and consent to those risks. Operators 

must notify the local Flight Standards District Office (FSDO) with a plan of activities at least 72 

hours prior to flight operations. 

c. Near nonparticipating persons. Except as provided in subsections (a) and (b) of this section, a 

UA may only be operated closer than 500 feet to a person when barriers or structures are present 

that sufficiently protect that person from the UA and/or debris or hazardous materials such as 

fuel or chemicals in the event of an accident. Under these conditions, the operator must ensure 

that the person remains under such protection for the duration of the operation. If a situation 

arises where the person leaves such protection and is within 500 feet of the UA, flight operations 

must cease immediately in a manner that does not cause undue hazard to persons. 

d. Near vessels, vehicles, and structures. Prior to conducting operations the operator must obtain 

permission from a person with the legal authority over any vessels, vehicles or structures that 

will be within 500 feet of the UA during operations. The PIC must make a safety assessment of 

the risk of operating closer to those objects and determined that it does not present an undue 

hazard. 
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We thank you for your prompt consideration of our requested exemptions. 

Respectfully Submi~ 

~ ~ Sol Tucker 

ECA Management, Inc. 

20038 Hob Hill Way 

Gaithersburg, MD 20886 

Phone: 310.442.5627: Email: sol.tucker@pushmediagroup.com