Drone/UAS Practice Group

# ANTONELLI

-- LAW---

U.S. Department ofTransportation Docket Management System 1200 New Jersey Ave S.E. Washington, D.C. 20590 35 E Wacker Drive Suite 1875 Chicago, IL 60601 Tel. 312.201.8310 Jeffrev( { I)Antonelli

-Law.com March 28, 2016

Re: Amendment to John L. Lowery & Associates, Inc. Exemption No. 14808 Regulatory Docket No. FAA-2015-5820 Dear Sir or Madam: John L. Lowery & Associates, Inc. ("petitioner") requests an amendment to FAA Exemption No. 14808, Docket No. FAA-2015-5820 for the purposes of gaining permission to conduct tethered operations as well as gaining permission to operate during night hours. For your ease in reviewing this request for amendment, please refer to the exhibit list beginning on the next page. Documents relating to night operations are being submitted confidentially. Pursuant to 14 C.F.R. §11.35, petitioner requests confidential treatment this documentation, submitted as Exhibits 3-4 to this amendment. It requests that the information contained inthat exhibit not be made public because they are trade secrets whose disclosure would harm the owner ofthe information. It contains valuable commercial data that is not publically available and is protected from release underthe Freedom oflnformationAct, 5 U
.S
.C. §552(b)(4)
. Ifwe can provide any additional information to assist your understanding orreview ofthis document, please do not hesitate to contact us at 312-201-8310 or via email at Jeffrey@AntonelliLaw.com.

Attorneys for John L.Exhibit List Exhibit 1: Conditions and Limitations
............. ........ .... ..... ...... ... ............................. .... ............ .... .... 3 Exhibit 2: Argument to Allow Night Operations
............................................................................ 4 Exhibit 3: 2014-CSA-144-COA
............................................Submitted Confidentially to the FAA Exhibit 4: Northern Plains Unmanned Aerial Test Site Night Operations Letter
.............................

........................................... .. .. ......................... ................ .... .... Submitted Confidentially to the FAA

2Exhibit 1: Conditions and Limitations Petitioner requests the following change to the Conditions and Limitations ofExemption No
. 14808: 15
.UA operations may be conducted during night, as defined in 14 CFR 

### § 1.1
. All operations must be conducted under visual meteorological conditions (VMC). Flights under special visual flight rules (SVFR) are not authorized. For petitioner's argument as to being allowed to operate at night,please refer to Exhibit 2: Argument to Allow Night Operations.

3Exhibit 2: Argument to Allow Night Operations Petitioner requests permission from the FAA to conduct operations between the end of evening civil twilight and the beginning ofmorning civil twilight- approximately 30 minutes after sunset until 30 minutes before sunrise. Night operations will be conducted in a safe manner in a way that will not endanger either other aircraft or non-participants. In order to operate with an equal or greater level ofsafety to daylight operations, routinely approved on the UAs petitioner requests, petitioner will follow the same standards allowed by the FAA at the Northern Plains Unmanned Aircraft Test Site in Grand Forks, North Dakota, COA 2014-CSA-144-COA, as detailed in Exhibits 3-4. 1. The UAs will not pose a threat to manned aircraft. The UAs petitioner wishes to operate at night will not pose a threat to manned aircraft. When operating at night, petitioner will observe the conditions and limitations in Exemption No. 14808, including operating below 400 feet AGL and within VLOS ofthe PIC and VO to see-andavoid other aircraft, yielding right of way to all other manned operations, and requesting a NOTAM no less than 24 hours in advance ofoperations. Additionally, the UAs to be operated at night will be visible from the ground, as well from the air. Petitioner will light the UAs as described in the Test Site's Technical Document Library, Volume IV, Section 11.4.28: Night Operations, Exhibit 4 to this amendment request. The UAs petitioner wish to operate at will be at a lower altitude than fixed-wing aircraft, so they will not post a threat to these aircraft. Additionally, the UAs will not pose a threat to any low-flying manned helicopters because it will be lit as described previously. Low-flying manned helicopters will also be adhering to FAA regulations regarding nighttime lighting, so the PIC and VO will easily be able to see and avoid any aircraft nearing the operational area. 2. The flight area will be properly secured to prevent nonparticipants from entering into the flight operational area In addition to not posing a threat to manned aircraft, petitioner's night operations will not pose athreatto nonparticipants. Petitionerwill continueto follow the same requirements regarding distance from nonparticipants found in its original Exemption, No. 14808. Specifically, Operations will only occur within secured areas that are closed off to nonparticipants. Further, petitioner will prevent nonparticipants from entering within 500 feet of the flight operational area, unless there are sufficientbarriers to protectnonparticipants in the event ofan incident. 3. The PIC and VO will conduct training in order to be prepared for night operations Finally, the PIC and VO will engage intraining appropriate to night operations. Petitioner's proposed PIC training will mirror that ofthe Northern Plains UAS Test Site, which is described in that Test Site's Technical Document Library, Volume IV, Section 6
.3.4. Similarly, petitioner's proposed VO training mirrors that ofthe Test Site's training, described in Volume IV, Section 6.5.3: Visual Observer Training. Exhibit 4. 4