# ~ tu,' Snowy Owl Productions

15 January 2015
U.S. Department ofTransportation Docket Management System 1200 NewJersey Ave S.E. Washington, D.C. 4200 James Ray Drive Suite 161 Grand Forks, ND 58202 Tel: 701-738-4825 matt@skyskopes.com

Re: Amendment to Snowy Owl Productions, LLC ExemptionNo. 11752 Regulatory DocketNo. FAA-2015-0947 to Add Approval ofNight Operations
Dear Sir or Madam:
This request is Snowy Owl Productions LLC DBA SkySkopes ("SkySkopes") asking for approval to conduct commercial operations, as outlined in exemption 11752 with a sUAS operated and controlled at night. This applicationproposesto add significantnew safetyenhancementsthat are outlinedherein. Taken together these layers of safety enhancements provide not only an equivalent level of safety but an enhancement ofsafety over current operations. In support ofthis request, SkySkopes submits, on a confidential basis to 333exemptions@faa.gov, its sUAS Night Operations FlightManual (NOFM). This manual sets forth a strictregimen to be followed atnight. Currentoperationsto obtainfilm atnightpresentdangers associatedwiththecarriage offlammable fuels, passengers and crewthat are not presented with the sUAS. The FAA has issued grants of exemptions to operators for closed set filming. In Grants of Exemption Nos. 11062 to Astraeus Aerial (see Docket No. FAA-2014-0352), 11109 to Clayco, Inc. (see Docket No. FAA-2014-0507), 11112 to VDOS Global, LLC (see Docket No. FAA-2014-0382), and 11213 to Aeryon Labs, Inc. (see Docket No. FAA-2014-0642), the FAA found that the enhanced safety achieved using an unmanned aircraft (UA) with the specifications described by the petitioner and carrying no passengers orcrew, rather than a manned aircraft ofsignificantly greater proportions, carrying crew in addition to flammable fuel, gives the FAA good cause to find that the sUAS operation enabled by those exemptions are in the public interest. Approval ofthis exemption allowing UAS operations atnight, would also enhance safety and fulfill the Secretary ofTransportation's (the FAAAdministrator's) responsibilities to "

...establishrequirements forthe safe operation ofsuch aircraft systems inthe national airspace system." Section 333(c) of the Reform Act. Ifwe can provide any additional information to assist your understanding orreview ofthis document, please do not hesitate to contactus at 701-738-4825 or via email atmattra;skyskopes.com.

Sincerely,

President and CEO

# \~

**~/I'\** Snowy Owl Productions The name and address ofthe applicant is: SkySkopes
This amended exemption application expressly fulfills Congress' goal in passing Section 333(a) through (c) ofthe ReformAct. This law directs the Secretary ofTransportationto considerwhethercertain unmanned aircraft systems may operate safely in the national airspace system (NAS) before completion of the rulemakingrequired under Section 332 ofthe Reform Act. In making this determination, the Secretary is required to determine which types ofUASs do not create a hazard to users ofthe NAS or the public or pose a threat to national security in light ofthe following:

• The UASs size, weight, speed, and operational capability; • Operation ofthe UAS 

### in close proximityto airports and populated areas; and • Operation ofthe UAS within visual line ofsight ofthe operator. Reform Act§ 333 (a). Lastly, ifthe Secretary determines that such vehicles "may operate safely in the national airspace system, the Secretary shall establish requirements for the safe operation ofsuch aircraft in the national airspace system."

### Id. § 333(c).
The aircraft will operate at altitudes ofno more than 400 feet and only in line ofsight ofthe PIC. Theywill operate onlywithin the areas asdescribed in the Manual whichhas been submittedconfidentially. Operations 

### in compliance with these manuals will ensure that the sUAS will "not create a hazard to users ofthe national airspace system or the public" and that the aircraft will operate in compliance with the conditions set forth in this application.
Given the small size ofthe sUASs involved and the restricted environment, the sterile area, within which they will operate, theapplicantfalls squarelywithinthatzone ofsafety (anequivalentlevel ofsafety) in which Congress envisioned that the FAA must, by exemption, allow commercial operations ofUASsto commence immediately. Also due tothe size ofthe UASs, the restricted areas in whichthe relevant sUASs will operate and the fact that aircraft will be flown bypilotsholding at least a FAAlicense, approval ofthe application presents no national security issue.
Given the clear direction in Section 333 ofthe Reform Act, the authority contained in the Federal Aviation Act, as amended; the strong equivalent level ofsafety surrounding the proposed operations, and the significant public benefit, including enhanced safety, reduction in environmental impacts, including reduced emissions associated with allowingbattery powered UASs for these functions instead ofturbine or gas power aircraft/rotorcraft and operations with pilots having at least a commercial pilot license, the grant ofthis requested exemption is in the public interest. Accordingly, the applicant respectfully requests that the FAA grant this amendment without delay.

AIRCRAFT AND EQUIVALENT LEVEL OF SAFETY/NATIONAL SECURITY SkySkopes states that operating in compliance with the conditions set forth in this Manual will provide an equivalent level of safety for the operation of its Section 333 approved aircraft types. Conventional filming operations, filming usingjet or piston power helicopters, operate at extremely low altitudesjustfeet from the subject being photographed and in extreme proximity to people and structures and present the risks associated with vehicles that weigh in the neighborhood of6,000 lbs., carrying large amounts of jetA or other fuel. In contrast, a sUAV weighing fewer than 55 lbs. and powered by batteries eliminates virtually all ofthat risk given the reduced mass and lack ofcombustible fuel carried on board the UAS. The sUAV is carried to the target area and not flown and does not carry passengers or crew.

# ~ (/1' \ Snowy Owl Productions Therefore, the proposed operation will not expose participants and non-participants to the risks associated with manned aircraft flights. These lightweight aircraft operate at slow speeds, close to the ground, and in "sterile areas" that are under the control ofthe operator, where all participants have received a safety briefmg and, as a result, are far safer than conventional operations conducted with larger manned aircraft operating in close proximity to the ground and people.
Given the small size ofthe sUAVs involved, the restricted environment within which they will operate and the comprehensive and carefully thought out procedure set forth in the Manual, SkySkopes' requestfalls squarelywithinthatzone ofsafety (anequivalent level ofsafety) in which Congress envisioned that the FAA must, by exemption, allow commercial operations of sUAVs to commence immediately, including allowing control ofsUAS at night. Due to the size ofthe sUAVs, the restricted areas in which they will operate, operation within line ofsite, its proximity to people and airports and the fact that they will be flown by highly qualified pilots appropriately licensed for the specific vehicles they will operate, approval ofthe applicationpresentsnonational security issue and is withinthe criteria setforth byCongress in the enabling statute for approval.
PUBLIC INTEREST
The FAA has granted exemptions to the regulations listed on page 2 inthe exemptions cited above. As discussed in detail for each ofthese regulations in the attached Appendix A, the public interest will be served by an exemption because, with respect to each, operation in compliance with the requested conditions will ensure an equivalent level of safety. As also explained at length in SkySkopes original Section 333 exemptionrequest,the grantofthis requested exemption is in the public interestgiventhe clear direction in Section 333 ofthe ReformAct; the authority included in the Federal AviationAct, as amended; the strong equivalent level ofsafety surroundingthe proposed operations; andthe significant publicbenefit including enhanced safety, reduction in environmental impacts, the grant ofthis requested exemption is in the public interest derived from allowing control ofsUASs at night. 

### *********
Pursuant to 14 C.F.R. Part 11, the following summary is provided for publication in the Federal Register, should it be determined thatpublication is needed: Applicant seeks an exemption from the following rules:
14 C.F.R. 6l.23(a) and (c) 14 C.F.R. 61.101 (e) (4) and (5) 14 C.F.R. 61.113 (a) 14 C.F.R. 61.315 (a) 14 C.F.R. 91.7 (a) 

### 14 C.F.R. 91.119 (c) 14 C.F.R. 91.121 14 C.F.R. 91.151 (a)(l) 14 C.F.R. 91.405 (a) 14 C.F.R. 407 (a) (1) 14 C.F.R. 409 (a) (1) and (2) 14 C.F.R. 417 (a) & (b)

to operate commercially a small unmanned vehicle (55 lbs. or less) at night.

# \~ i',,'\ Snowy Owl Productions The operation of small UASs, weighting less than 55 lbs., conducted in the strict conditions outlined above, will provide an equivalent level ofsafety supporting the grant ofthe exemptions requested herein. These lightweight aircraft operating in a sterile controlled area, at relatively slow speeds, are close to the ground, and in areas that are under the control ofthe applicant and, as a result, are far safer than conventional operations conducted with turbine helicopters operating in close proximityto the ground and people.

# \~ i'u,' Snowy Owl Productions Appendix A

AIRCRAFT AND EQUIVALENT LEVEL OF SAFETY
The FAAhas granted exemptions to the following regulations in the listed exemptions: 14 C.F.R. 61.23(a) and ( c);14 C.F.R. 61.101 (e) (4) and (5);14 C.F.R. 61.113 (a); 14 C.F.R. 61.315 (a);14 C.F.R. 91.7 (a);l4 C.F.R. 91.119 (c);14 C.F.R. 91.121;14 C.F.R. 91.151 (a)(l);14 C.F.R. 91.405 (a);14 C.F.R. 407 (a) (1);14 C.F.R. 409 (a) (1) and (2);14 C.F.R. 417 (a) & (b) to allow aerial data collection and closed set filming (See, FAA Exemptions 11309,11460, 11490 and the Exemption)


### 14 C.F.R. Part61: PrivatePilot Privileges and Limitations: Pilot in Command
Sections 61.113 (a) & (b) limitprivatepilots to non-commercial operations. Becausethe UAS will not carry a pilot orpassengers, the proposed operations can achievethe equivalent level ofsafety ofcurrent operations by requiring the PIC operating the aircraft to hold a certificate issued by the FAA authorizing operation ofany aircraft (ATP, Commercial, Private, Recreational or Sport). Unlike a conventional aircraft that carries the pilot and passengers, the sUAS is remotely controlled with no living thing on board. The area ofoperation is controlled and restricted, and all flights are planned and coordinated in advance as set forth in the Manual. The level ofsafety provided bythe requirements included in the Manual exceeds that provided by a single individual holding a commercial pilot's certificate operating a conventional aircraft. Therisks associated withthe operation ofthe sUAS are so diminished from the level ofrisk associated with commercial operations contemplated by Part 61 when drafted, that allowing operations ofthe sUAS as requested with any certificate issued by the FAA as the PIC exceeds the present level ofsafety achieved by 14 C.F.R. Part 61. The FAA has granted exemptions for private pilots to conduct similar operations in Exemptions 11062, 11213, 11360 and 11447.


### 14 C.F.R. 

### § 91.119: Minimum Safe Altitudes
Section 91.119 establishes safe altitudes for operation ofcivil aircraft. Section 91.119 (d) allows helicopters to be operated at less than the minimums prescribed, provided the person operating the helicopter complies with any route or altitudes prescribed for helicopters by the FAA. As this exemption is for a sUAS that are helicopters and the exemption requests authority to operate at altitudes up to 400 AGL an exemption may be needed to allow such operations. As set forth herein, except for the limited conditions stated in the Manual, the UAS will never operate at higherthan 400 AGL.
The equivalent level ofsafety will be achieved given the size, weight, speed oftheUAS as well as the location where it is operated. No flight will be taken without the permission ofthe property owner, facility owner and local officials. Because ofthe advance notice to the property owner and participants all affected individuals will be aware ofthe planned flight operations as set forth in the Manual. Compared to flight operations with aircraft or rotorcraft weighting far more than the maximum 55lbs. proposed herein and the lack offlammable fuel, any risk associated with these operations is far less than those presently presented with conventional aircraft operating at orbelow 500 AGL in the aerial photography industry. In addition, the low-altitude operations of the sUAS will ensure separation between these small-UAS operations andthe operations ofconventional aircraftthatmust complywith Section 91.119. TheFAAhas granted exemptions to conduct similar operations in Exemptions 11062, 11213, 11360 and 11447.


### 14 C.F.R. § 

### 91.121: Altimeter Settings
This regulation requires each person operating an aircraftto maintain cruising altitude by reference to an altimeter that is set "

...to the elevation ofthe departure airport or an appropriate altimeter setting

# \~ (,I'\ Snowy Owl Productions availablebefore departure." Aseach 

### sVAS model in atleastoneoperatingmodewillnothave a barometric altimeter, but instead a GPS altitude read out, an exemption will be needed. An equivalent level ofsafety will be achieved by the operator, pursuant to the Manual and Safety Check list, confirming the altitude of the launch site shown on the GPS altitude indicator before flight. The FAA has granted exemptions to conduct similar operations in Exemptions 11062, 11213, 11360 and 11447.


### 14 C.F.R. 

### § 91.151(a): FuelRequirements for Flightin VFRConditions
Section 91.151 (a) prohibits an individual from beginning "a flight in an airplane under VFR conditions unless (considering wind and forecast weather conditions) there is enough fuel to fly to the first point ofintended landing, and, assuming normal cruising speed

- (1) Duringthe day, to fly afterthat for at least 30 minutes; or(2) Atnight, to fly after that for at least 45 minutes."
The battery powering the 

### sVAS provides approximately 40 minutes ofpowered flight. To meet the 30 minute reserve requirement in 14 C.P.R.§ 91.151, sVAS flights would be limitedto approximately 10 minutes in length. Given the limitations on the VAS's proposed flight area and the location of its proposed operations within a predetermined area, a longer time frame for flight in daylight or night VFR conditions is reasonable. Applicant believes that an exemption from 14 C.P.R. § 91.151(a) falls within the scope ofprior exemptions. See Exemption 10673 (allowingLockheedMartin Corporationto operate without compliance withFAR91.151 (a)). Operatingthe small 

### VAS, in atightly controlledareawhereonlypeople andproperty owners or official representatives who have signed waivers will be allowed, with less than 30 minutes of reserve fuel, does not engenderthe type ofrisks that Section 91.151(a) was intended to alleviate given the size and speed ofthe small 

### VAS. Applicantbelievesthatanequivalentlevelofsafetycanbeachievedbylimiting flights to 5 minutes ofreserve time on the batteries. This restriction would be more than adequate to return the sVAS to its planned landing zone from anywhere in its limited operating area. Similar exemptions have been granted to other operations, including Exemptions 2689F, 5745, 10673, 10808 and Exemptions 11062, 11213, 11360 and 11447.


### 14 C.F.R. Part91: Maintenance Inspections
These regulations require that an aircraft operator or owner "shall have that aircraft inspected as prescribed in subpart E ofthis part and shall between required inspections, except as provided in paragraph (c) ofthis section, have discrepancies repaired as prescribed in part 43 ofthis chapter.

..," and others shall inspect ormaintain the aircraft in compliance with Part 43.
Given that these section and 

### Part 43 apply onlyto aircraft with an airworthiness certificate, these sections will not apply tothe applicant. Maintenance willbe accomplished by the operatorpursuantto the flight manual and operating handbook as referenced in the FOP attached as confidential See Exhibit 1. An equivalent level ofsafety will be achieved because these small UASs are very limited in size and will carry a small payload and operate only in areas for limited periods oftime. Ifmechanical issues arise the 

### VAS can land immediately and will be operating from no higher than 400 feet AGL. As provided in the FOP the operator will ensure that the 

### VAS is in working orderpriorto initiating flight, perform required maintenance, and keep a log ofany maintenance performed. Moreover, the operator is the person most familiar with the aircraft and best suited to maintain the aircraft in an airworthy conditionto provide the equivalent level ofsafety. The FAA has granted exemptions for similar operations in Exemptions 11062, 11213, 11360 and 11447.