Drone/UAS Practice Group 

ANTONELLI 

--LAW---

U.S. Department of Transportation 

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 in that exhibit not be made public because they are trade secrets whose disclosure would 

harm the owner of the information. It contains valuable commercial data that is not publically 

available and is protected from release under the Freedom oflnformation Act, 5 U.S.C. §552(b)(4). 

If we can provide any additional information to assist your understanding or review of this 

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 

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Exhibit 1: Conditions and Limitations 

Petitioner requests the following change to the Conditions and Limitations of Exemption 

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. 

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Exhibit 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 of morning 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 of safety 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 of the PIC and VO to see-andavoid other aircraft, yielding right of way to all other manned operations, and requesting a 

NOT AM no less than 24 hours in advance of operations. 

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 a threat to nonparticipants. Petitioner will continue to 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 sufficient barriers to protect nonparticipants in the event 

of an incident. 

3. The PIC and VO will conduct training in order to be prepared for night operations 

Finally, the PIC and VO will engage in training appropriate to night operations. Petitioner's 

proposed PIC training will mirror that of the 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 of the Test Site's training, described in Volume IV, Section 

6.5.3: Visual Observer Training. Exhibit 4. 

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