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Drone/UAS Practice Group 35 E Wacker Drive

Suite 1875 Chicago, IL 60601

Tel. 312.201.8310 Jeffrey@Antonelli

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U.S. Department of Transportation March 7, 2017 Docket Management System 1200 New Jersey Ave S.E. Washington, D.C. 20590

Re: SkyFly Cinema, LLC Exemption No. 16842 Response to ALPA Letter

Docket No. FAA

- 2015

- 7598

Dear Sir or Madam:

This letter is in response to the ALPA opposition letter to our client’s petition for exemption

under Section 333. A LPA states that it cannot support applicant ’ s petition unless certain safety

q uestions h ave been addressed. In this letter, we will show that each of the safety questions ALPA expresses concern with have been address ed in previous submissions to the FAA, or by the FAA itself in Exemption No. 16842, which has a lready been granted to the applic ant.

1. ALPA claims that the UA in questio n poses a greater risk that other UAs that have been previously

- approved to operate in the NAS. However, t he UA in question has already been approved to opera te at weights less than 55 lbs., up to 400 ft. AGL and at speeds up to 87 mph. ( FAA

– 2007

– 3330 ). Applicant is now seeking to a dd n o more than an

additional 15 lbs. of weight to the UA during operations. This does not change the size of the aircraft, how fast it will fly, or how high it will fly

.

2. ALPA states that t he PIC and VO should be able to maintain VLOS of the aircraft during the operation. Applicant h as not requested permission to operate beyond line of sight of the PIC, and will utilize at least one VO during operations. Moreover, applicant is adhering to Condition and Limitation #8 and # 9, which require VLOS operations and

the utilization of a VO.

3. ALPA claims that applicant’s use of Lithium

- Ion and Lithium

- Ion Polymer battery cells in the UA pose a safety risk. H owever, the FAA has routinely permitted use of

t his power source in previously

- granted UAs. For example, the DJI Inspire 1 utilizes

Lithium

- Ion batteries , and the Parrot AR Drone utilizes a Lithium

- Ion Polymer battery.

Both of these UAs have been previously

- granted by the FAA and are on the list of UAs

found at FAA

- 2007

- 3330 . Moreover, applicant ’ s primary fuel source in the UA in question i s not a battery, but a gasoline

- oil mixture.2

4. ALPA claims that the applicant does not have appropriate C2 link failure modes, strategies, and mitigations. H owever, t his information has been provided to the FAA in Exhibit 1 on pages 13, 22, 23 ,27, and 29 and in Exhibit on page 23. The FAA has previously determined that applicant is utilizing appropriate C2 link failu re modes, strategies, and mitigations in granting Exemption No. 16842 to applicant. Applicant i s not requesting permission to utilize different C2 link procedures

.

5. ALPA’s statements regarding airworthiness certificat ion h ave previously been addressed by the FAA . In Exemption No. 16842, the FAA stated that this UA does not require an airworthiness certificate because it meets the requirements of Section 333 of

Public Law 112

- 95 in reference to 49 USC 44704.

6. In Exemption No. 16842, t he FAA has pr eviously determined that an appro priate level of pilot licensure for operation of a UA is either an airline transport, commercial, private, recreational, or sport pilot certificate. (Condition and Limitation # 3).

7. ALPA’s statements regarding airworthiness certification have previously been

addressed . In Exemption No. 16842, the FAA stated that this UA does not require an airworthiness certificate because it meets the requirements of Section 333 of Public

Law 112

- 95 in reference to 49 USC 44704.

8. ALPA claims that applicant does not have appropriate pre

- fli ght procedures. However,

a pplicant’s preflight pr ocedures can be found in Exhibit 1 on pages 13 and 18. Additionally, applicant i s adhering to Condition and Limitation #13 which details the

FAA ’ s requirements for preflight inspection for applicant ’ s UAs.

9. Applicant will meet the see

- and

- avoid requirement by flying within the line of sight of the PIC and utilizing one or more VOs during operations. Applicant will also gi ve right of way to manned aircraft. (Condition and Limitation s # 8, 9, and 26).

10. Applicant’s operati ons will be at or below 400 ft. AGL. The FAA has previously determined that this is an appropriate altitude for UAs. (Condition and Limitatio n #7).

11. Applicant will utilize the DJI Ace One flight controller system. This system uses a GPS/Compass module, as well as an Inertial Measurement Unit (IMU) which consists

of a 3

- axis accelerometer, one 3

- axis gyroscope, and a barometer. The FAA has previously determined that utilization of the DJI Ace One flight controller in this UA

meets the standards for 14 CFR 91.121 by granting Exemption No. 16842. Applicant

i s not requesting permission to utilize a different flight contr ol system.

12. T he UA in question does no t utilize batteries for its power source, unlike what ALPA claims. It is a gasoline

- powered aircraft. Moreover, in Exemption No. 16842, the FAA has previously approved this UA to operate so long as there is enough fuel on board so

that the UA can conduct t he intended operation and to operate after that for at least five minutes, or with the reserve power recommended by the manufacturer if greater. (Condition and Limitation #21).

13. ALPA claims that applicant does not have appropriate maintenance and inspection