June 3, 2015

Exemption No. 11241A

Regulatory Docket No. FAA

- 20 14

- 0692

Mr. Mark E. McKinnon

Mr. Matthew J. Clark

Counsel for Phoenix Air UNMANNED, LLC

McKenna Long & Aldridge LLP

1676 International Drive

Penthouse McLean, VA 22102

Dear Mssrs. McKinnon and Clark :

This letter is to inform you that we have granted your petition to amend Exemption No.

11241 . It explains the basis for our decision , describes its effect, and lists any changes to the

original conditions and limitations.

By letter s dated April 2 and April 16, 2015 , you petitioned the Federal Aviation

Administration (FAA) on behalf of Phoenix Air UNMANNED, LLC (hereinafter petitioner

or operator) for an amendment to Exemption No. 11241 . That exemption from § § 61.23(a)

and (c), 61.101(e)(4) and (5), 61.113(a), 61.315(a), 91.7(a), 91.119(c), 91.121, 91.151(a)(1),

91.405(a), 91.407(a)(1), 91.409(a)(1) and (2), and 91.417(a) and (b) of Title 14, Code of

Federal Regulations (14 CFR) allows the petitioner to operate a UAS to perform aerial data

collection. You requested an amendment to add additional aircraft, the Pulse Aerospace

Vapor 55 UAS

, and to expand operations to closed

- set motion picture and television filming

and production.

In your petition, you indicate that there has been no change in the conditions and reasons

relative to public interest and safety that were the basis for granting the original exemption.

The FAA has determined that good cause exists for not publishing a summary of the petition

in the Federal Register because the requested amendment to the exemption would not set a

precedent, and any delay in acting on this pe tition would be detrimental to the peti tioner

. T he

unmanned aircraft (s) authorized in the original grant are comparable in type, size, weight,

speed and operating capabilities to those in this petition

.2

Airworthiness Certification

In accordance with the statutory criteria provided in Section 333 of Public Law 112

− 95 in

reference to 49 U.S.C. § 44704, and in consideration of the size, weight, speed, and limited

operating area associated with the aircraft and its operation, the Secretary of Transportation

has determined that this aircraft meets the conditions of Section 333. Therefore, the FAA

finds that relief from 14 CFR part 21, C ertification procedures for products and parts,

Subpart H

— Airworthiness Certificates , and any associated noise certification and testing

requirements of part 36, is not necessary.

Our Decision

The FAA has determined that the justification for the issuance of Exemption No. 11241

remains valid with respect to this exemption and is in the public interest. Therefore, under the

authority contained in 49 U.S.C. 106(f), 40113, and 44701, delegated to me by the

Administrator, Phoenix Air UNMANNED, LLC is granted an amendment to its exemption

that expands operations to closed

- set motion picture and television filming and productions,

a nd adds new aircraft: Pulse Aerospace Vapor 55 UAS.

The operator shall add this amendment to the original Exemption No. 11241

.

Conditions and Limitations

All conditions and limitations within Grant of Exemption No. 11241 remain in effect except

as follows. Condition n o. 1 has been updated to reflect the additional aircraft and Condition

no. 2 has been updated to reflect closed

- set motion picture and television filming and

productions

.

In thi s grant of exemption, Phoenix Air UNMANNED, LLC is hereafter referred to as

the operator.

Failure to comply with any of the conditions and limitations of this grant of exemption will be

grounds for the immediate suspension or rescission of this exemption.

1. Operations authorized by this grant of exemption are limited to the Pulse Vapor 35,

Vulcan Octo, and the Pulse Aerospace Vapor 55 UAS when weighing less than

55 pounds including payload. Proposed operations of any other aircraft will require a

new petition or a petition to amend this exemption.

2. Operations for the purpose of closed

- set motion picture and television filming are

permitted.3

This exemption terminates on March 31, 2017 , unless sooner superseded or rescinded.

Sincerely,

John S. Duncan

Director, Flight Standards ServiceAlbany

Atlanta

Brussels

Denver

Los Angeles

Miami

New York 1676 International Drive • Penthouse

McLean, VA 22102

Tel: 703.336.8800

mckennalong.com Northern Virginia

Orange County

Rancho Santa Fe

San Diego

San Francisco

Seoul

Washington, DC

Mark E. McKinnon

703.336.870 8

Matthew J. Clark

703.336.8714 Email Address

mmckinnonf@mckennalong.com

mclark@mckennalong.co m

April 2

, 201 5

U.S. Department of Transportation

Docket Management System

1200 New Jersey Ave., SE

Washington, DC 20590

Re: 

### Amendment to Exemption No. 11241 Issued to Phoenix Air

UNMANNED, LLC Pursuant to Section 333 of the FAA Reform Act

(Docket No. FAA

- 2014

- 0692)

Dear Gentlemen :

Phoenix Air UNMANNED, LLC ("Phoenix Air UNMANNED") was issued Exemption

No. 11241 on March 26, 2015 (hereinafter "the Exemption") , allowing operation of the Pulse

Vapor 35 and Vulcan Octo UASs for filmmaking, precision aer ial surveys and infrastructure

inspections. Phoenix Air UNMANNED hereby requests an amendment to the Exemption to add

an additional model of UAS that fully complies with the conditions of the Exemption.

Phoenix Air UNMANNED seeks to operate the Pulse Aer ospace Vapor 55 UAS under

the same conditions and limitations contained in the Exemption. Phoenix Air UNMANNED will

submit the Pulse Aerospace Vapor 55 Aircraft Flight Manual and a revised version of the

Phoenix Air UNMANNED UAS Operations Manual that inc ludes the Vapor 55. These manuals

are submitted as confidential documents pursuant to 14 C.F.R. § 11.35(b), as the materials

contain confidential commercial and/or proprietary information that Phoenix Air UNMANNED

has not and will not share with others. Additionally, these documents contain operating

conditions and procedures that are not generally available to the public and are protected from

release under the Freedom of Information Act, 5 U.S.C. § 552 et seq. All operations of the

additional UAS will b e in full compliance with the terms of the Exemption.

Phoenix Air UNMANNED believes that an amendment adding the Vapor 55 to the

Exemption is in the public's interest as it would reduce hazards and emissions associated withU.S. Department of Transportation

April 2, 2015

Page 2

alternate use of helicopters to conduct similar inspection operations. Like the other UAS models

authorized for use under the Exemption, the Vapor 55 is light weight and does not carry any

flammable fuel, further reducing the risk from any potential accident. In addition, the Vapor 5 5

is equipped with state of the art safety features, such as a "return to home" capability and an

encrypted digital link to ensure safe operations.

As this is an amendment to an existing exemption seeking the addition of supplementary

UAS model, Pho enix Air UNMANNED respectfully submits that good cause exists so that

notice does not need to be published in the Federal Register for the requested amendment.

If you have any questions, or need any additional information to process the requested

amendment to the Exemption, please do not hesitate to contact the undersigned.

Very truly yours,

/s/

Mark E. McKinnon

Matthew J. Clark

Counsel for Phoenix Air UNMANNED, LLCU.S. Department of Transportation

April 2, 2015

Page 3

(These a ttachments are submitted as a Confidential Document under 14 C.F.R. § 11.35(b) and

exempt from disclosure under the Freedom of Information Act, 5 U.S.C. § 552 et seq. , and any

other requirements established by the FAA pursuant to Section 333 of the Reform Act).

Attachments:

Amended Phoenix Air UNMANNED Operations Manual

Pulse Vapor 55 Aircraft Flight ManualAlbany

Atlanta

Brussels

Denver

Los Angeles

Miami

New York 1676 International Drive • Penthouse

McLean, VA 22102

Tel: 703.336.8800

mckennalong.com Northern Virginia

Orange County

Rancho Santa Fe

San Diego

San Francisco

Seoul

Washington, DC

Mark E. McKinnon

703.336.870 8

Matthew J. Clark

703.336.8714 Email Address

mmckinnonf@mckennalong.com

mclark@mckennalong.com

April 16, 2015

U.S. Department of Transportation

Docket Management System

1200 New Jersey Ave., SE

Washington, DC 20590

Re: 

### Second Amendment to Exemption No. 11241 Issued to Phoenix Air

UNMANNED, LLC Pursuant to Section 333 of the FAA Reform Act

(Doc ket No. FAA

- 2014

- 0692)

Dear Gentlemen :

Phoenix Air UNMANNED, LLC ("Phoenix Air UNMANNED") was issued Exemption No.

11241 on March 26, 2015 (hereinafter "the Exemption") , allowing commercial operation of the Pulse

Vapor 35 and Vulcan Octo UASs for aerial data collection and filming. On March 31, 2015,

Phoenix Air UNMANNED filed a petition to amend the Exemption to allow operation of the Pulse

Aerospace Vapor 55 UAS under the same conditions and limitations contained in the Exemption.

That petition to ame nd the Exemption remains pending.

Phoenix Air UNMANNED hereby requests a second amendment to the Exemption to allow

UAS operations for the purpose of closed

- set motion picture and television filming. Specifically,

Phoenix Air UNMANNED seeks revision to c onditions and l imitations number 2 of the Exemption

to state:

"2. Operations for the purpose of closed

- set motion picture and television filming

are permitted."

In all other respects, the closed

- set motion picture and television filming will be conducted in

accordance with the same conditions and limitation contained in the Exemption.

As required by condition s and limitation s number 29 of the Exemption, the Petitioner is

filing under separate cover the Phoenix Air UNMANNED, LLC Movie Production and Telev isionU.S. Department of Transportation

April 16, 2015

Page 2

Operations Manual ("MPTOM"). The MPTOM is submitted as a confidential document pursuant to

14 C.F.R. § 11.35(b), as the materials contain confidential commercial and/or proprietary

information that Phoenix Air UNMANNED has not and will not share wit h others. Additionally,

these documents contain operating conditions and procedures that are not generally available to the

public and are protected from release under the Freedom of Information Act, 5 U.S.C. § 552 et seq.

Phoenix Air UNMANNED believes that an amendment allowing UAS operations for the

purpose of closed

- set motion picture and television filming is in the public's interest as it would

reduce hazards and emissions associated with alternate use of helicopters to conduct similar closed

set fi lming operations. Petitioner's UASs are light weight and do not carry any flammable fuel,

further reducing the risk from any potential accident.

Phoenix Air UNMANNED respectfully submits that this amendment qualifies for summary

grant approval. The FAA h as already granted previous exemptions si milar to this amendment

request, namely; small UAS operations for film/television production. See e.g.

, Grant of Exemption

to Ryan K. Koffman , Exemption No. 11314. Given that the proposed operations will fully com ply

with the other conditions of the Exemption, there is no need for the FAA to repeat the analysis

performed for the original exemption on which this amendment is based. For these same reasons,

good cause exists so that notice does not need to be publish ed in the Federal Register for the

requested amendment.

If you have any questions, or need any additional information to process the requested

amendment to allow UAS operations for the purpose of closed

- set motion picture and television

filming, please do not hesitate to contact the undersigned.

Very truly yours,

Matthew J. Clark

Mark E. McKinnon

Counsel for Phoenix Air UNMANNED, LLC

AttachmentsU.S. Department of Transportation

Ap ril 16, 2015

Page 3

(These attachments are submitted a s a Confidential Document under 14 C.F.R. § 11.35(b) and

exempt from disclosure under the Freedom of Information Act, 5 U.S.C. § 552 et seq. , and any

other requirements established by the FAA pursuant to Section 333 of the Reform Act).

Attachments:

Phoenix Air UNMANNED, LLC Movie Production and Television Operations Manual

( MPTOM)