505 Fairway Dr

PO Box 1185

Tahoe City, CA 96145

Tom@CloudD8ta.com

530 386 6677

April 21, 2016

U.S. Department of Transportation

Docket Management System

1200 New Jersey Ave., SE

Washington, DC 20590

Re: Exemption No. 14248 (January 8, 2016)

Regulatory Docket No. FAA-2015-4863

Amendment to Thomas Jennings for Exemption Pursuant to Section 333 of the FAA

Modernization and Reform Act of 2012

Dear Sir or Madam:

Pursuant to Section 333 of the FAA Modernization and Reform Act of 2012 ("Reform 

Act") and 14 C.F.R. Part 1, Thomas Jennings, hereby submits the following amendment 

to his Exemption granted on January 8, 2016.

Thomas Jennings requests an amendment to his 333 exemption to include:

1. FAA approval to operate as CloudD8ta LLC.

2. FAA approval to use any aircraft identified on the List of Approved Unmanned 

Aerial Systems (UAS) under Section 333 at regulatory docket FAA–2007–3330 at 

www.regulations.gov.

3. FAA approval to conduct Commercial UAS Operations for the purpose of UAS 

Training.

4. FAA approval to conduct Commercial UAS Operations for the purpose of filming 

and film-production related activities (such as on set data collection or power 

transmission) on closed sets in both scripted and unscripted production in the 

motion picture, television, large format film, commercial advertisement, virtual 

reality, new media and digital industry.

For ease of use, this Amendment sets forth the heading of the applicable section of the 

January 8, 2016 Exemption, followed by a description of the addition or change to the 

section.

Conditions and Limitations (Page 3)
Original Text:

In this grant of exemption, Mr. Thomas Jennings is hereafter referred to as the operator.

New Amended Text: (Added: “CloudD8ta LLC”)

In this grant of exemption, CloudD8ta LLC is hereafter referred to as the operator.

Conditions and Limitations (Page 3)

Original Text:

1. Operations authorized by this grant of exemption are limited to the 3D Robotics AeroM, 3D Robotics Iris +, 3D Robotics Solo, DJI Flame Wheel F450, DJI Flame Wheel 

F550, DJI Inspire 1, DJI Matrice 100, and DJI Spreading Wings S1000 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. 

New Amended Text: (Added: “List of Approved Unmanned Aerial Systems”)

1. The operator is authorized by this grant of exemption to use any aircraft identified on 

the List of Approved Unmanned Aerial Systems (UAS) under Section 333 at regulatory 

docket FAA–2007–3330 at www.regulations.gov, when weighing less than 55 pounds 

including payload. Proposed operations of any aircraft not on the list currently posted to 

the above docket will require a new petition or a petition to amend this exemption.

Our Decision (Page 2)

Original Text:

In consideration of the foregoing, I find that a grant of exemption ........ to allow the 

petitioner to operate a UAS to perform aerial data collection. This exemption is subject to 

the conditions and limitations listed below.

New Amended Text: (Added: “and/or sUAS Training”)

In consideration of the foregoing, I find that a grant of exemption ........ to allow the

petitioner to operate a UAS to perform aerial data collection and/or sUAS Training. This 

exemption is subject to the conditions and limitations listed below.

Our Decision (Page 2)

Original Text:

In consideration of the foregoing, I find that a grant of exemption ........ to allow the 

petitioner to operate a UAS to perform aerial data collection. This exemption is subject to 

the conditions and limitations listed below.
New Amended Text: (Added: “and/or closed set motion picture and filming”)

In consideration of the foregoing, I find that a grant of exemption ........ to allow the

petitioner to operate a UAS to perform aerial data collection and/or closed set motion 

picture and filming. This exemption is subject to the conditions and limitations listed 

below.

Conditions and Limitations (Page 3)

Original Text:

2. Operations for the purpose of closed-set motion picture and television filming are not 

permitted.

New Amended Text: (Deleted: “not”)

2. Operations for the purpose of closed-set motion picture and television filming are 

permitted. 

Thomas Jennings currently maintains an approved 333 exemption for aerial data 

collection. Thomas Jennings requests an amendment to his 333 exemption to include 

FAA approval to conduct Commercial UAS Operations for the purpose of filming and 

film-production related activities (such as on set data collection or power transmission) 

on closed sets in both scripted and unscripted production in the motion picture, television, 

large format film, commercial advertisement, virtual reality, new media and digital 

industry. Included in this document are the items we seek relief from as well as the 

following attachments:

CloudD8ta - Motion Picture and Television Operations Manual

CloudD8ta LLC - DJI Inspire 1 User Manual 

CloudD8ta LLC

Thomas Jennings has extensive experience in UAS operations, with 15 years experience 

in the film industry and 1000 hours as a UAS pilot. He has worked for two years for 

Skycatch as a corporate trainer and consultant.

Thomas Jenninngs’s approved 333: EXEMPTION NO. 14248 REGULATORY 

DOCKET NO. FAA-2015-4863

RELIEF REQUESTED

This is a petition to amend to my existing 333 / COA to include Closed Set filming. Our 

Motion Picture and Television Operations Manual (attached) requests relief from the 

following, or amendments to approved relief as described below:

1. 14CFR § 61.113(a) Safety Observer, considered part of the aircrew by CloudD8ta, 

may assist the PIC with visual search and line of sight responsibilities without the SO 
regulatory requirements of a PIC.

2. 14CFR § 91.119(c) consistent with FAA Order 8900.1 V3, C8, S1, participating 

persons, vehicles, and structures directly involved in the performance of actual filming.

2.1. Requesting flight operations conducted closer than 500 feet from participating 

persons consenting to be involved and necessary for the filming production as specified 

in the MPTOM. Non-participating persons are not allowed within 500 feet of the 

operating area with a reduction to 200 feet if an acceptable level of safety can be 

achieved and the Administrator has approved it.

2.2. CloudD8ta requests defined relief for a further reduction in UAS-to-non-participants 

(human and animal) who are safely inside an object such as an automobile, boat, ship, 

train or covered moving object on land or water (or under water) from 500/200 feet to 50 

feet while operating a medium-weight UAS with a payload at or under 33.5 lbs.

2.2.1. Specifically, CloudD8ta requests the waiver to operate at 50 feet from those who 

are near or a part of production but have not (such as cars passing by), can not (such as

animals) or are unable to commit to participant status. The API will list the 50 foot

exemption as an option and with the reasons why the 50 foot separation is desired.

2.2.1.1. Examples of this 50 foot separation would be to film near a waterway such as 

those in Los Angeles where roads above are not blocked from cross traffic. The UAS 

could safely pass under the bridge. Other examples:

Aerials of a train passing over a bridge in a gorge, sledding events through a narrow pass 

led by animals, or wildlife observation in natural settings.

2.2.1.2. The primary reason to include reduced separation and over flight is that

the human, animal or object has moderate protection from the structure (car, boat, etc.) or 

they are not in the flight path vector in the unlikely event of catastrophic system failure.

2.2.2. Additional safety measures for 50 foot operations would be the reduced payload

size (33.5 lbs maximum) and landing zone nets shaped to preclude overshooting a 50 foot 

mark. For example, a backstop in a baseball field. The 50 foot exclusion

with a backstop or fenced zone (shaping where the 50’ exclusion applies) is ample 

distance to separate non-participants and participants from debris or systems experiencing 

a malfunction during the takeoff or landing phase.

2.2.2.1. Standard 500/200 feet of separation would be reduced to 50 feet due to closed set 

size, non-participants near an open set, weather, terrain or lighting advantages.

3. 14CFR § 91.151(a) Fuel Requirements for Flight in VFR Conditions

3.1. Similar exemptions have been granted including Nos. 2689, 5745 and 10650. Similar 

UAS relief has been granted in Exemption Nos. 8811, 10808 and 10673 for daytime, 

VFR conditions.

3.2. CloudD8ta LLC UAS VLOS operations in controlled, closed-set filming 

environment will be restricted to 30 knots as suggested by the UA manual, returning to 

land with 20% or more power based on current operating conditions or a pre-planned 

amount higher above 20% based on terrain, wind, vertical obstructions or other safety or 

environmental factors.

4. 14CFR § 91.405(a) and (b) ///Already exempted by Exemption No 11825///

Maintenance Required:

Re-iterating that CloudD8ta maintains and requests relief by adhering to manufacturersuggested maintenance documents with visual inspection of high-stress parts after each 

flight and part replacement as suggested by manufacturer guidance. CloudD8ta
operations listed in

5. 14CFR § 91.407(a)(1) ///Already exempted by Exemption No 11825/// Operating 

documents will contain minimum inspection requirements and daily preflight inspection 

for the UAS.

6. 14CFR § 91.409(a)(1) & (2) ///Already exempted by Exemption No 11825/// Operating 

documents will contain minimum inspection requirements and daily preflight inspection 

for the UAS.

7. 14CFR § 91.417(a) and (b) ///Already exempted by Exemption No 11825///

8. 14CFR § 91.7(a) ///Already exempted by Exemption No 11825/// Clarifying that 

CloudD8ta will operate only UAS systems approved through our COA / 333 exemption 

or as indicated in the List of Approved Unmanned Aerial Systems (UAS) under Section 

333 at regulatory docket FAA–2007–3330 at www.regulations.gov. 

9. ADDITIONAL RELIEF - If there are additional exemptions found essential to closed 

set film operations or common requests other than those requested above or those 

previously exempted in docket FAA-2015-0373 (listed in 9.1) we would appreciate your 

professional insight.

9.1....Pursuant to the authority contained in 49 U.S.C. 106(f), 40113, and 44701, 

delegated to me by the Administrator, CloudD8ta LLC is granted an exemption from 14 

CFR §§ 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), to the extent necessary to allow the petitioner to operate a UAS to perform aerial data 

collection.

10. The purpose of request 2.2 to maneuver in to 50 feet from non-participating personnel 

/ participating personnel w/ 33.5lb payload while non-participants are in a transitory or 

protected position is because we believe sound judgment reduces and mitigates risk of 

collision significantly. By writing the FSDO on each API to confirm the 50’ exemption, 

by exception and on a case by case basis, CloudD8ta believes safety will remain 

paramount while making the most of medium payload UAS.

10.1. Examples for API 50’ exemption: when there is a backstop or net in between the 

UAS and non-participants or a UAS passing under an overpass while autos pass 

overhead.

Questions or comments may be addressed to Thomas Jennings, CloudD8ta LLC

Thomas Jennings

CEO, CloudD8ta LLC

tom@cloudd8ta.com

530 386 6677

Attachments:

CLOUDD8TA MOTION PICTURE AND TELEVISION OPERATIONS MANUAL.pdf

DJI Inspire 1 User Manual.pdf