SENG, LLC DBA FLYTCAM MOTION PICTURES

29 March 2017

Shaun P. Stanton

2720 Centra l Ave SE
Ste G

- 61 0 ALBUQUERQUE, NM 8710 6 (505) 750

- 1366

Request for amendment to 333 Exe mption 13894 under FAA

- 2015

- 4206

To whom it may concern,

1. We are requesting to amend our 333 exemptio n. In the request we ask to extend the exemptions expiration date to 31 Dec 2019. We are requesting to add two additional aircraft models to the master list. We are requesting an exception to operate at night. We are requesting exception to the 500 foot rule to structures, vehicles and vessels.

2. We are requesting to extend ou r 333 exempt ion for three reasons.

a. The first is that we were advised by our local ATC TRACON at KABQ airspace manager that certain airspace may not be approved under Part 107 operations due the airsp ace proximity to Kirtland Air F o r ce Base, NM. This area is where a good majority of our clos ed set operations take place due to the proximity of Albuquerque Studios which is 2SM west of the based perimeter . The KAFB
l eadership of the 377 th ABW is more comfortable with part 61 crews flying IVO it.

b. The second reason i s that certain major motion picture studios are currently requiring sUAS companies to fly under exemption to Part 91 rules under the 333 of

112

- 95. In fact , some require the pilot re quirements to exceed yours by being a pa r t 61 commercial pilot. The major concern from their safety managers is that the Part 107 is not robust enough to meet the safety requirements for demanding clos ed set
work due the lack of practical use of the aeronautical knowledge and experience for safe UA operations and cannot be thoroughly vetted by the regulatory agency. To

para phrase one safety manager, “ a kid with more money than he knows what to do with can go and take the $150 test for the 107 RPIC

. ” “ Then he can go out tomorrow and buy a professional system for the first time and be on a se t a week later flying50 pound 8 roto r machine over talent and crew. ” This i s an issue that these studios
have

. Currently studios are sti ll exploring how to handle the new rules. This same concern was presented to your office by Aerial Mob ref exemption number : 11066 who has a letter on the docket dated 12 September 2016 ref: FAA

- 2014

- 0353

- 001 8 from their corporate staff as well as the IATSE 600 International Cinematographers
Guild film union and the Academy of Motion Pictures. We echo their exact concerns in our request.

c. This goes to the third reason. The AFS

- 800 office has only issued one single waiver
to CNN for 107.39 “ Operations over Human Beings

. ” Currently we have one on request since Nove mber 19 th of 2016 but have received only a positive acknowledgment as of early March, that is in the que. Technically without this waiver our only mechanism to ensure complete compliance is operating under this 333 Exemption. Being that a participating person is only those responsible for the
safe operation of the UA. We feel that at this time the 333 is our best method for closed set work until such time as an appropriate wa iver maybe issued for 107.39

.

3. We are r equesting the addition to two new aircraft models to be added to the 333 “ master list ” under FAA

- 2007

- 3330. Attached in this amendment request will be the aircraft manuals for the equipment.

a. DJI Inspire 2
b. D JI Mavic

4. We are requesting an exception to Part 17 of the exemption similar to the one issued to Skyworks, INC under their exemption 16341 for night operations a s defined under CFR CH

14 Part 1.1. Under this request we have provided a robust night operations manual, which describes performance parameters, training for pilots and visual observers. The manual
covers how to adequately determine speed, alt itude, heading and attitude, with use of
electro nic aids as well as strategically positioned visual observers. The manual describes how to handle a wide variety of emergency o r abno rmal procedures which maybe unique to night flying. The highlights in the manual are as follows.

a. For 333 purposes the PIC must be a qualified Part 61 pilot in a category or class of aircraft appropriate for nigh t flying such as Airplanes, Hel icopters and Airships and must not have any night restrictions on the Part 61 Certificate.
b. PIC ’ s with part 61 certificates with night restriction or in aircraft where night flight may not have been logged, su ch as Balloons, Gliders and certain light sport aircraft, will accomplish 1 to 2 hours of ground instruction fr om an AGI, CFI or DPE on night operations and physiology.

c. VO ’ s without previous night flying experience under pa rt 61 will undergo ground instruction as in section b of this paragraph.
d. All crews perform three night training flights to proficiency to include simulated emergency procedures.

e. Performance Parametersi. Altitude no greater than 200ft AGL unless waived under this section.

ii. Max Speed of 50MPH or 43Knots or less based on pilot judgement to the flying are a. iii. The PIC will maintain VLOS at all times
f. Weather

i. 5SM visibility

ii. 1000 ft above clouds

iii. 1000ft ft b elow clouds

iv. 1SM lateral distance from clouds

v. Winds will depend on proximity and altitude to obstacles no more than the maximum published limit in the fligh t manual

g. Aircraft Minimum Equipment List
i. White or Red anti

- collision beacon that can be seen up to 3SM

ii. Pos ition indicator lights which delineate the front from the rear of the UA.

iii. Telemetry downlink device that displays real time control and performance as well as health and status and navigation information.
h. Grou nd Minimum Equipment List

i. Florescent yellow or orange vests

ii. Operational flashlights for all crew members

iii. Two Way radios

i. Normal operations described in the manual for VO use and placement and methods for the pilot to maintain maximum si tuational awareness of the control and performance of the aircraft. This include the use of position, lights aided by aircraft instrumentation and strategically placed VO ’ s IVO of obstacles

.

j. Closed set operations are described for night

k. Emergency procedures are described for a very robust se t of emergencies to safely return the UA if a failure were to occur. These procedures enhance already
established procedure s for night flying. Daytime operations procedures still apply on anything not covered in the night operations manual. The most likely situation to occur is a momentary loss of situational awareness to the UA due to
environmental such as the aircraft lights being attenuated by surrounding light

sources. The pro cedures go into equipment failures as well.

i. Loss of contact of the UA by the PIC with fully functioning navigation and telemetry

. ii. Los of contact of the UA by the PIC with a loss of downlink and nav system

status unknown

. iii. Degraded Nav igation System and/or loss of downlink

iv. Degraded Navigation System with a good downlink

v. Loss of command link with a good downlink

vi. Uncommanded loss of control of the UA

vii. Potential air traffic incursionviii. Potential non partici pating person incursion

5. We are requesting a n exception for Sections 28.D. We would like to be able to operate IAW similar wording of the 107 which does not define a specific distance to no n participating persons as long as there is reasonable assurance that the UA and system being used has safety features and ca reful flight planning is used. We feel the hard 500 foot rule is exceptionally prohibitive because that can involve a lot of entities to alert and warn or ask for permission to fly. We request that the PIC use a risk based approach factoring obstacles,
environmental conditions and the mass of a particular system. We are also asking that a
local jurisdictional film permit to operate large film equipment in the confines of a populated area be considered sufficient for having permission f or the UA operation. The following are examples of the risk based approach for operations.

a. Choosing an Aircraft such as the Inspire series which weigh under 10 pounds at gross weight. Using someth ing like a Mavic that is only 1.3 pounds does not pose near the risks of any other equipment on the market.
b. The Inspire series has robust systems to monitor health and st atus of the aircraft.

i. Battery Monitoring of independent cells which can ale rt the crew sooner to
a failure to allow immediate landing.

ii. The aircraft has control and performance in strumentation
iii. It is conspicuous with lights and sounds in the immediate area.

c. Operational considerations

i. The use of VO ’ s will be available to alert the pilot to impending non participants on a closed set.

ii. VO ’ s will be visible to the public with appropriate PPE such as highly visible

vests.
iii. A closed set is locke d off and has streets closed or controlled from any
unauthorized personnel

iv. The aircraft operations will cease when there is an incursion and will discontinue until the safety concern ceases.

v. The flight will only commence in areas oper ating under a local film per mit or in areas where they may h ave a blanket permission.

vi. Flight on roadways will be done with intermittent traffic controls(ITC) and/or closed roads for closed set work.

vii. The Speed and altitude and maneuvering will be reduced to a speed that
considers all of the env ironmental concerns, obstacles and winds.

viii. Any indication of system malfunctions or abnormal operation the flight will cease and land as soon as possible.

ix. A plan of activities will be submitted to the local FSDO jurisd iction 72 hours prior to opera tions. Ops will be amended or terminated if the FSDO or local
authorities have a concern.

x. Avoid direc t overflight of structures and vehicles , factoring wind speeds as well as kinetic energy of the sUAS.xi. Maintain a reasonabl e distance from any non

- consenting persons who may enter the vicinity of a locked off area. Land as soon as possible if any safety issue is present.
xii. The flight will maintain a standoff of 500 feet or greater if IVO large gatherings of people.

xiii. Request permission from the structures legal authority to directly overfly such structure, otherwise maintain a reasonable distance to mitigate damage or injury.

xiv. A combined risk matrix will be performed prior to every flight ops.

xv. I would like to add the safety requirements for closed set motion picture filming are enhanced to any other requirements and that the studios will

terminate a shot if they feel it is beyond an allowable risk.
d. Operational Intent

i. For closed set work the Inspire series aircraft which have a proven track record for safety and reliability

. ii. For non

- closed set work a 1 .3 pound DJI Mavic will be used where kinetic energy impacts are minimal at 1.3 pounds.

e. We feel safety of the public is enhanced with a part 61 pilot at the controls with years of experience in UA systems. If the 107 is robu st enough for public safety requirements, we ask that the 500 foot rule be exempted to a mirrored standard in
the new rules for sUAS operations and allow for the pilot in command to make a
reasonable jud gment call for the safe operation of the sUAS. Even though it is not required under federal regulations. On closed set we possess a 5Miilion Dollar liability policy to cover damages or injuries that maybe the result of an sUAS mishap.

6. Currently we operate in an apples vs oranges environment. One set of rule maybe more advantageous for a particular operation

, while prohibitive for another. Currently the 333 exemption is t he best avenue for goo majority of our operations until, the waters can become less muddy. We make every effort to be the model shop for doing sUAS work and hope that your office will accommodate our requests.

Sincerely

Shaun P. Stanton
Chief Pilot