1 

### Ngo, Dan (FAA)

From: Christian Tucci <tucci@c inematicaerospace.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! Than k you again for your office's work on all of this. I know it is a lot to handle

considering the current earl y stages of UAS operations.

Please let me know if there are any que stions, 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 Status2 

### 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 w ould like to continue as originally submitted

with our petition.

I am still seeing the docket FAA-2016-4928 open a nd 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 pe tition, 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 petiti on reviewed and approved so we can begin those operations. We

know the petition has already been reviewed b ecause 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 304 Farmingdale, 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.3 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 clea r 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 re garding the hazardous chemi cals for mosquito control

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

petition to remove that.

But of course now with 107 active the loca l 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 th e 333 and sometimes other standard

operations under Part 107. We are comply ing 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. The4 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 Pa rt 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 107.5 

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

provides additional flexibility co mpared to the Conditions and

Limitations of Section 333 exem ptions 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 Cer tificate. 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_sta rted/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 ti er 3... So our petition should still

be in process, we have been wa iting 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 re view part 107 and our website below

for more information. Study material s for the written knowledge test can

be found at

http://www.faa.gov/uas/getting_sta rted/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 PM6 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