UA VSA Amendment Page 1August 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 onor about January 12, 2016, witha posting date of January 27, 2016, Petitioner requested thatitbe granted an Exemption to conduct certain activities for commercial operation. The FAA assigned the Docket No. FAA-2016 -2534 tothe filing.Since the filing ofthe Letter of Petition there have been no change inthe 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 inthe underlying Letter of Petition filed on January 12, 2016, asthe basis for this request fora waiver . The operator shall add this waiver toits original exemption. Itis understood that the proposed operations ofany other aircraft will require anew petition fora waiver tothe exemption.UA VSA Amendment Page2For ease of review this amendment isset forth as follows: a. Unmanned Aircraft Systems ("UAS") b. UAS Pilot in Command ("PIC") c.UAS Operating Parameters d. Public Interest a. Unmanned Aircraft Systems Very specific to nighttime operation Petitioner proposes touse the DJI Inspire for nighttime operation. The Inspire is equipped to inform the PIC ofthe location and altitude ofthe aircraft and has lights that canbe seen at night from 5000 feet. Additionally, the Inspire is equipped to inform the PIC of accurate position, altitude, attitude, speed, and heading ofthe aircraft throughout the flight operation The proposed UAS has been previously approved bythe Secretary andis found onthe 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 to49 USC 44704, andin consideration ofthe 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 isnot required. Consequently, the FAA has previously found that the requested relief from 14 CFR part21 and any associated noise certification and testing requirements ofpart 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) isalso necessary, because it isan 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 ableto 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 ableto discern colors to determine the motion of lighted manned aircraft and interpret the relative position of manned aircraft and their direction and motion.UA VSA Amendment Page3 Additionally, Petitioner understands the UA must never be operated beyond the actual visual capabilities ofthe VO, and the VO and the PIC must have the ability to maintain VLOS with the UAatall times. It shall bethe responsibility ofthe PICtobe aware ofthe VO's visual limitations and limit operations ofthe UAto 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 leasta private pilot certificate which allows for nighttime operations with an airman medical certificate. Further, the Petitioner proposes that all operations will take place ina controlled access environment by requiring consent via waiver forall individuals entering the site. Prior to operations amap will be prepared which denotes takeoff and landing points, the area of operations, and the emergency descent zones tobe used inthe event that operations must

be immediately terminated. The Petitioner will perform aday time site assessment ofthe operating area and note hazards and obstacles that may be difficult toseeinlow light conditions. Petitioner's operational safety measures include the useof preprogrammed flight plans, signage concerning the useofUASin locations where filming is taking place, a lighted takeoff and landing area for night operations, anda 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 tobe used during operations to communicate that unauthorized persons have accessed the area. Inthe 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 feetto students who were part ofa training class were similar tosite personnel participating inthe proposed operation set forth in Industrial Skyworks Exemption request such as people who were

directly participating inthe safe operation ofthe UAS like the PIC and the visual observer, and therefore, did not adversely affect safety. Hereto, Petitioner requests thatitbe allowed to operate closer than 500 feet over site personnel participating inthe 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 notbe conducted within 500 feet of people with the exception of people participating inthe safe operation ofthe UA, to ensure the safety of others.

And lastly, UAS operations will be conducted during nighttime operations, as defined in14 CFR §1.1, provided the following: a.All flight operations occur within 100 feet ofthe boundaries ofa permanent structure and no higher than 400 feet AGL. b.The UAS is equipped with lighted anti-collision lighting visible forat least 5,000 feet. c.The UAS is equipped to inform the PIC of accurate position, altitude, attitude, speed, and heading ofthe aircraft throughout the flight operation. d.The petitioner will conduct aday time site assessment to note hazards and obstacles that may be difficult toseeinlow light conditions.UA VSA Amendment Page4e.The PIC and VO arein place 30 minutes prior to night operations to ensure dark adaptation. f.The take-off and landing areas are lighted; thereby allowing the PICtosee the distance between the aircraft and ground during takeoff and landing and enabling the observer to monitor that non-participants remain atasafe distance g.The PICisto have operated the UAS listed inthe conditions and limitations below at night prior to conducting nighttime commercial operation. The PICisto have operated the UAS listed inthe 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 feltitwas inthe public interest to grant the request. The enhanced safety and reduced environmental impact achieved

using aUA with the specifications described bythe petitioner and carrying no passengers or crew, rather thana manned aircraft of significantly greater proportions, carrying its crew gives the FAA good cause to find that the UAS operation enabled by this exemption isinthe 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 inthe safe operation ofthe UAS. People directly participating inthe safe operation ofthe UAS include the PIC, VO, and other consenting personnel that are directly participating inthe safe operation ofthe UA. b. Near but not over people directly participating inthe intended purpose ofthe UAS operation. People directly participating inthe intended purpose ofthe UAS includes site personnel who

must be briefed onthe potential risks and acknowledge and consent to those risks. Operators must notify the local Flight Standards District Office (FSDO) withaplan of activities at least 72 hours prior to flight operations. c. Near nonparticipating persons. Except as provided in subsections (a) and (b)ofthis section, a UA may only be operated closer than 500 feettoa 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 inthe event ofan accident. Under these conditions, the operator must ensure that the person remains under such protection for the duration ofthe operation. Ifa situation arises where the person leaves such protection andis within 500 feet ofthe UA, flight operations must cease immediately ina manner that does not cause undue hazard to persons. d. Near vessels, vehicles, and structures. Prior to conducting operations the operator must obtain permission froma person with the legal authority over any vessels, vehicles or structures that will be within 500 feet ofthe UA during operations. The PIC must make a safety assessment of

the risk of operating closer to those objects and determined thatitdoes not present an undue hazard.UAVSA Amendment Page5 We thank you for your prompt consideration ofour requested exemptions. Respectfully **Submi~ ~**  **~** Sol TuckerECA Management, Inc. 20038 Hob Hill Way Gaithersburg, MD 20886 Phone: 310.442.5627: Email: sol.tucker@pushmediagroup.com