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Ngo, Dan (FAA)

From: Christian Tucci <tucci@cinematicaerospace.com>

Sent: Friday, December 09, 2016 12:32 PM

To: Ngo, Dan (FAA); 9-AWA-AVS-333Exemptions (FAA)

Subject: Re: FAA–2016–4928 Status

Dan, 

This is very much appreciated! Thank you again for your office's work on all of this. I know it is a lot to handle 

considering the current early stages of UAS operations. 

Please let me know if there are any questions, comments, or concerns with the approval of our petition as 

originally submitted. 

Best, 

Christian 

Christian T. Tucci / Principal 

tucci@cinematicaerospace.com / (516) 318-8191

Cinematic Aerospace, Inc. 

(516) 308-1037 

399 Conklin Street - Suite 304 Farmingdale, NY 11735 

www.CinematicAerospace.com 

On 12/8/16 3:32 PM, Dan.Ngo@faa.gov wrote: 

Mr. Tucci,

As a courtesy, we will consider your new request to conduct UAS operations to dispense hazardous

materials, as originally submitted. We will review your request and will contact you if we need additional

information to process your petition.   

Regards,

Dan Ngo

Office of Rulemaking, Aircraft and Airport Rules Division

Federal Aviation Administration

From: Christian Tucci [mailto:tucci@cinematicaerospace.com] 

Sent: Tuesday, December 06, 2016 12:34 PM 

To: 9-AWA-AVS-333Exemptions (FAA) 

Cc: Ngo, Dan (FAA) 

Subject: Re: FAA–2016–4928 Status

 
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Hi Dan, 

Thank you for the response. I understand. Again, we called for the petition to be closed based on 

advice (which we now know to be incorrect) from our local FSDO that those hazardous 

operations could be conducted under 107. So we would like to continue as originally submitted 

with our petition. 

I am still seeing the docket FAA-2016-4928 open and pending review under Tier 3... So you 

cannot just continue processing it as normal? We have to go through the entire process again 

even though nothing has changed? Our original petition, and thus far the only submitted petition 

to that docket is there under FAA-2016-4928-0001 

(https://www.regulations.gov/document?D=FAA-2016-4928-0001). That is what we would like 

processed as normal since we have been waiting 9-10 months now since submission. 

We would just like this petition reviewed and approved so we can begin those operations. We 

know the petition has already been reviewed because we got the Tier 3 letter stating so. 

Thank you very much for all your attention to this. 

Best, 

Christian 

Christian T. Tucci/ Principal 

tucci@cinematicaerospace.com / (516) 318-8191

Cinematic Aerospace, Inc.

(516) 308-1037

399 Conklin Street - Suite 304Farmingdale, NY 11735 

www.CinematicAerospace.com

On 11/18/16 9:03 AM, 9-AWA-AVS-333Exemptions@faa.gov wrote: 

Mr. Tucci,

In the attached email string, you stated on August 26, 2016, at 11:23AM EDT, that you

were clarifying your request to remove reference to the dispensing of hazardous

materials, which is not authorized under part 107 – see attached. Based on your

clarification, we closed your petition, as we determined it to fall under Tier 1 –

operations allowed under part 107 without further relief, and directed you to submit

your airspace authorization request to the waiver portal. We will not take further action

on this petition for exemption.

As your petition has been closed, if you would like to amend your petition to request the

authority to dispense hazardous materials with a UAS, you will need to submit an

amended petition stating your request to the docket (FAA‐2016‐4928 at

regulations.gov) as a comment. Once it posts to the docket, our team can begin

reviewing your request.

Please direct any FSDO inquiries to me and I am happy to clarify.
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Regards,

Dan Ngo

FAA Office of Rulemaking

From: Christian Tucci [tucci@cinematicaerospace.com] 

Sent: Thursday, November 17, 2016 11:16 PM 

To: 9-AWA-AVS-333Exemptions (FAA) 

Subject: Re: FAA–2016–4928 Status

Good evening, 

I understand. I should have been more clear with my explanation, I apologize. I 

meant upon discussion with the local FSDO they have told us that we absolutely 

need a 333 exemption in order to conduct the operations regarding mosquito and 

pest control mentioned in our original petition. They thought your original email 

back to us in August regarding the hazardous chemicals for mosquito control 

meant that we can operate doing that under 107 so that is why I modified the 

petition to remove that. 

But of course now with 107 active the local FSDO told us that those operations 

require a 333 exemption, which now would be in the public interest to have one 

for us to do those operations under the 333 and sometimes other standard 

operations under Part 107. We are complying with 107 and like it and not trying 

to avoid it, but our operational needs require us to have the 333 as explained to us 

by the FSDO. 

Christian 

Christian T. Tucci/ Principal 

tucci@cinematicaerospace.com / (516) 318-8191

Cinematic Aerospace, Inc.

(516) 308-1037

399 Conklin Street - Suite 304Farmingdale, NY 11735

www.CinematicAerospace.com

On 11/17/16 8:05 AM, 9-AWA-AVS-333Exemptions@faa.gov wrote: 

According to the statute authorizing exemptions (49 U.S.C. 44701(f)),

the Administrator may grant an exemption from requirements of a

regulation when in the public interest. As there is now a regulation

permitting the requested activity effective August 29, 2016 (Operation

and Certification of Small Unmanned Aircraft Systems, Title 14, Code of

Federal Regulations, part 107), no relief is necessary; therefore, issuing

an exemption would not be in the public interest. Additionally, FAA

guidelines and regulations indicate that the FAA will consider petitions

for exemption seeking relief from the requirements of current

regulation – again, as part 107 is now available, the requested

operations can be conducted under the newly effective regulation. The
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FAA will not issue a grant of exemption to those who do not wish to

comply with the current regulation, or if it would be convenient to do

so.

FAA Office of Rulemaking

From: Christian Tucci [tucci@cinematicaerospace.com] 

Sent: Thursday, October 20, 2016 11:09 AM 

To: 9-AWA-AVS-333Exemptions (FAA) 

Subject: Re: FAA–2016–4928 Status

Good morning, 

 

Upon further discussion with our local FSDO and with local 

municipalities where we will be operating it has been determined 

that these municipalities will require a section 333 exemption for 

operational purposes. So we would like to have our petition 

processed as originally submitted so we can conduct those 

operations which cannot occur on Part 107. I see the docket is still 

open and no changes have been made. 

 

Christian 

--

Christian T. Tucci / Principal

tucci@cinematicaerospace.com / (516) 318-8191

Cinematic Aerospace, Inc. 

(516) 308-1037 

399 Conklin Street - Suite 304 

Farmingdale, NY 11735

www.CinematicAerospace.com

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On Wed, Oct 19, 2016 at 1:18 PM, <9-AWA-AVS333Exemptions@faa.gov> wrote: 

On August 8, 2016, we sent you a letter stating your petition for 

Section 333 exemption would set a precedent. However, upon your 

communication on August 26, 2016, we have determined you can 

operate under part 107, which went into effect on August 29, 2016. 

 

Section 333 of Public Law 112-95, Special Rules for Certain 

Unmanned Aircraft Systems (UAS), provided the FAA authority to 

authorize certain UAS operations. This incremental step provided a 

pathway for safe and legal civil operations in the National Airspace 

System (NAS) and was considered a bridge mechanism until the 

implementation of part 107. 

 
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Part 107 represents a new pathway to UAS operations, and 

provides additional flexibility compared to the Conditions and 

Limitations of Section 333 exemptions that the FAA has been 

granting to date. For example, rather than obtaining a part 61 

airmen certificate, UAS operators may simply pass a knowledge 

test to obtain a Remote Pilot Certificate. I encourage you to review 

part 107 and our website below for more information. Study 

materials for the written knowledge test can be found at 

http://www.faa.gov/uas/getting_started/fly_for_work_business/bec

oming_a_pilot. 

FAA Office of Rulemaking

From: Christian Tucci [tucci@cinematicaerospace.com] 

Sent: Wednesday, October 19, 2016 10:44 AM 

To: 9-AWA-AVS-333Exemptions (FAA) 

Subject: RE: FAA–2016–4928 Status

Hello, 

We got a letter saying we are in tier 3... So our petition should still 

be in process, we have been waiting for a very long time now. We 

submitted it back in Feb. 2016 

Christian 

 

On Oct 19, 2016 08:46, <9-AWA-AVS-333Exemptions@faa.gov> 

wrote: 

We’ve reviewed your request and determined you are in Tier 1. 

Your petition has been closed and you can operate in accordance 

with part 107, which went into effect on August 29, 2016. 

 

Section 333 of Public Law 112-95, Special Rules for Certain 

Unmanned Aircraft Systems (UAS), provided the FAA authority to 

authorize certain UAS operations. This incremental step provided a 

pathway for safe and legal civil operations in the National Airspace 

System (NAS) and was considered a bridge mechanism until the 

implementation of part 107. 

 

Part 107 represents a new pathway to UAS operations, and provides 

additional flexibility compared to the Conditions and Limitations of 

Section 333 exemptions that the FAA has been granting to date. For 

example, rather than obtaining a part 61 airmen certificate, UAS 

operators may simply pass a knowledge test to obtain a Remote Pilot 

Certificate. I encourage you to review part 107 and our website below 

for more information. Study materials for the written knowledge test can 

be found at 

http://www.faa.gov/uas/getting_started/fly_for_work_business/becom

ing_a_pilot.

FAA Office of Rulemaking

From: Christian Tucci [tucci@cinematicaerospace.com] 

Sent: Tuesday, October 18, 2016 12:30 PM 
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To: 9-AWA-AVS-333Exemptions (FAA) 

Subject: FAA–2016–4928 Status

Hello, what is the status of my 333 exemption? Docket #: FAA–

2016–4928 

Christian 

-- 

Christian T. Tucci / Principal 

tucci@cinematicaerospace.com / (516) 318-8191

Cinematic Aerospace, Inc. 

(516) 308-1037 

399 Conklin Street - Suite 304 Farmingdale, NY 11735 

www.CinematicAerospace.com