# ANTONELLI --LAW-- Drone/UAS Practice Group

U.S. Department ofTransportation Docket Management System 1200 NewJersey Ave S.E. Washington, D.C. 20590 ' .. ' :**·~** i

Re: Amendment to SkyFly Cinema, LLC ExemptionNo. 16842 DocketNo. FAA-2015-7598-0001 Dear Sir orMadam: 35 E Wacker Drive Suite 1875 Chicago, IL 60601 Tel. 312.201.8310 Jeflrey@Antonelli-Law.com July 28, 2016

SkyFly Cinema, LLC ("petitioner")requests an amendmentto FAAExemptionNo. 16842, DocketNo. FAA-2015-7598 for the purposes ofgainingpermissionto operate during nighthours. 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 for this documentation, submitted as Exhibits 3-4 to this amendment. It requests that the information contained in these exhibits not be made public because they are trade secrets whose disclosure would harm the owner of the information. They contain valuable commercial data that is not publically available and is protected from release under the Freedom ofInformationAct, 5U.S.C. §552(b)(4). Ifwe canprovide any additional informationto assist your understanding orreview ofthis document, please do not hesitate to contact us at 312-201-8310 orvia email at Jeffrey@AntonelliLaw.com.

Attorneys

1 Antonelli

_, ............ R. Niemi SkyFly Cinema, LLCExhibit 1: Conditions and Limitations
............................................................................................ 3 Exhibit 2: Argument to AllowNight Operations
............................................................................ 4 Exhibit 3: 2014-CSA-144-COA
............................................Submitted Confidentiallyto the FAA Exhibit 4: Northern Plains Unmanned Aerial Test Site Night Operations Letter
.............................

................................................................................................Submitted Confidentiallyto the FAA

2Exhibit 1: Conditions and Limitations 

### Petitioner requests the following change to the Conditions and Limitations ofExemption No. 16842: 16. UA operations may be 

### conducted during night, as defined in 14 CFR 

### § 1.1, provided: a. All flight operations occur within 100 feet of the boundaries of a permanent structure and no higher than 400 feet AGL. b. The UA is equipped with lighted anti-collision lighting. c. The UA is equipped to inform the PIC of accurate position, altitude, attitude, speed, and heading of the aircraft throughout the flight operation. d. The petitioner will conduct a day time site assessment to note hazards and obstacles that may be difficult to see in low light conditions. e. The PIC and VO are in place 30 minutes prior to night operations to ensure dark adaptation. f. The take-offand landing areas are lighted; thereby allowing the PIC to see the distance between the aircraft and ground during takeoff and landing and enabling the observer to monitor that non-participants remain at a safe distance g. The PIC is to have operated the UA listed in the conditions and limitations below at night prior to conducting nighttime commercial operation. h. The PIC will obtain an appropriate level ofairman certificate prior to operating the UA at night. The FAA has previously allowed night operations in Exemption No. 16341 and at the Northern Plains Unmanned Aircraft Test Site in Grand Forks, North Dakota, COA 2014-CSA144-COA, as detailed in Exhibits 3-4. For petitioner's argument as to being allowed to operate at night, please refer to Exhibit 2: Argument to Allow Night Operations.

3

### Exhibit2: Argument to Allow Night Operations Petitioner requests permission from the FAA to conduct operations between the end of evening civiltwilight 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 orderto operate with an equal or greater level ofsafetyto daylight operations, routinely approved onthe UAs petitionerrequests, petitioner will follow the same standards allowed bythe FAA in Exemption No. 13641 and 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 threatto manned aircraft. The UAs petitioner wishes to operate at night will not pose a threat to manned aircraft. TheUA operational area will be within 1 00 feet ofthe boundaries ofapermanent structure, inorderto ensure that manned aircraft will not be operating inthe same area as the structure. This will satisfy proposed condition and limitation 15(a) listed above. Additionally, the UAs to be operated at night will be visible from the ground, as well from the air. Petitionerwill lightthe 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. This will satisfy proposed condition and limitation 15(b), listed above. 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. Any commercialoperations undertaken atnightwill be conductedwiththe same care as operations during the day. When operating at night, petitioner will observe the conditions and limitations in ExemptionNo. 16842, including operating below 400 feet AGL and within VLOS ofthe PIC and VO to see-and-avoid other aircraft, yielding right of way to all other manned operations, and requesting aNOT AM no less than 24 hours in advance ofoperations. As with daytime operations, the UA to be utilized will be equipped to inform the PIC ofaccurate position, altitude, attitude, speed, and heading ofthe aircraft throughout the flight operation, which will satisfy proposed condition and limitation 15(c), listed above. 

### 3. Additional carewill be taken to combatlowervisibility from the ground duringnight operations. Petitioner will take precautions during daylight hours in order to ensure that night operations are conducted more smoothly. Prior to conducting an operation at night, with low visibility from the ground, petitioner will conduct a day time site assessment to note hazards and obstacles that may be difficult to see in low light conditions, satisfying proposed condition and limitation 15(d), listed above. Additionally, the PIC and VO will prepare themselves physically
4for night conditions by being inplace 30 minutes priorto night operations, in orderto ensure dark adaptation. This will satisfy proposed condition and limitation 15( e), listed above. 

### 4. The flight area will 

### be properly secured to prevent nonparticipants from entering into the flight operational area In addition to notposing a threat to manned aircraft, petitioner's night operations will not pose athreatto nonparticipants. Petitionerwill continueto followthe same requirementsregarding distance from nonparticipants found in its original Exemption, No. 16842. 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, unlessthere are sufficientbarriersto protectnonparticipants intheevent ofan incident. This area will be lit, as described in proposed condition and limitation 15(f) listed above. 

### 5. The PIC and VO will 

### conduct trainingin orderto be preparedfor night operations Priorto conductioncommercial operations at night, the PIC andVOwill engage intraining appropriate to theseparticularoperations. Petitioner'sproposedPICtraining will mirrorthatofthe NorthernPlainsUAS Test Site, whichis described inthatTest Site'sTechnicalDocumentLibrary, 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. This training will be sufficient to meetproposed condition and limitation 15(g), listed above. 

### 6. The PIC will 

### possess the appropriate level of pilot and medical certificates prior to operating atnight. Finally, the PIC will be properly qualified by obtaining an appropriate level of pilot certificate prior to operating, as determined by the FAA. The PIC will also have received appropriate medical clearance by a medical professional to ensure that he or she will be able to meet the challenges associated with decreased visibility at night. This will ensure that proposed condition and limitation 15(h), listed above, is met.

5