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,.. Snowy Owl Productions 4200 James Ray Drive 

### Suite 161 Grand Forks, ND 58202 Tel: 701-738-4825 matt c m ,skyskopes.com
15 January 2015

U.S. Department of Transportation Docket Management System 1200 New Jersey Ave S.E. Washington, D.C.

Re: Amendment to Snowy Owl Productions, LLC Exemption No. 11752 Regulatory Docket No. FAA-2015-0947 to Add Approval of Night Operations

Dear Sir or Madam:

This request is Snowy Owl Productions LLC DBA SkySkopes ("SkySkopes") asking for approval to conduct commercial operations, as outlined in exemption 11752 with a sUAS operated and controlled at night. This application proposes to add significant new safety enhancements that are outlined herein. Taken together these layers of safety enhancements provide not only an equivalent level of safety but an enhancement of safety over current operations. In support of this request, SkySkopes submits, on a confidential basis to 333exemptions@faa.gov
, its sUAS Night Operations Flight Manual (NOFM). This manual sets forth a strict regimen to be followed at night. Current operations to obtain film at night present dangers associated with the carriage of flammable 

### fuels, passengers and crew that are not presented with the sUAS. The FAA has issued grants of exemptions to operators for closed set filming. In Grants of Exemption Nos. 11062 to Astraeus Aerial (see Docket No. FAA-2014-0352), 11109 to Clayco, Inc. (see Docket No. FAA-2014-0507), 11112 to VDOS Global, LLC (see Docket No. FAA-2014-0382), and 11213 to Aeryon Labs, Inc. (see Docket No. FAA-2014-0642), the FAA found that the enhanced safety achieved using an unmanned aircraft (UA) with the specifications described by the petitioner and carrying no passengers or crew, rather than a manned aircraft of significantly greater proportions, carrying crew in addition to flammable fuel, gives the FAA good cause to find that the sUAS operation enabled by those exemptions are in the public interest. Approval of this exemption allowing UAS operations at night, would also enhance safety and fulfill the Secretary of Transportation's (the FAA Administrator's) responsibilities 

### to "... establish requirements for the safe operation of such aircraft systems in the national airspace system." Section 333(c) of the Reform Act. If we can provide any additional information to assist your understanding or review of this document, please do not hesitate to contact us at 701-738-4825 or via email at matt(LLskyskopes.com

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Sincerely,



# k ~ Matt Dunlevy President and CEOt

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,.. Snowy Owl Productions The name and address of the applicant is:

SkySkopes

This amended exemption application expressly fulfills Congress' goal in passing Section 333(a) through (c) of the Reform Act. This law directs the Secretary of Transportation to consider whether certain unmanned aircraft systems may operate safely in the national airspace system (NAS) before completion of the rulemaking required under Section 332 of the Reform Act. In making this determination, the Secretary is required to determine which types of UASs do not create a hazard to users of the NAS or the public or pose a threat to national security in light of the following:

• The UASs size, weight, speed, and operational capability; • Operation of the UAS in close proximity to airports and populated areas; and • Operation of the UAS within visual line of sight of the operator.

Reform Act § 333 (a). Lastly, if the Secretary determines that such vehicles "may operate safely in the national airspace system, the Secretary shall establish requirements for the safe operation of such aircraft in the national airspace system." 

### Id. § 333(c).

The aircraft will operate at altitudes of no more than 400 feet and only in line of sight of the PIC. They will operate only within the areas as described in the Manual which has been submitted confidentially. Operations in compliance with these manuals will ensure that the sUAS will "not create a hazard to users of the national airspace system or the public" and that the aircraft will operate in compliance with the conditions set forth in this application.

Given the small size of the sUASs involved and the restricted environment, the sterile area, within which they will operate, the applicant falls squarely within that zone of safety (an equivalent level of safety) in which Congress envisioned that the FAA must, by exemption, allow commercial operations of UASs to commence immediately. Also due to the size of the UASs, the restricted areas in which the relevant sUASs wi11 operate and the fact that aircraft will be flown by pilots holding at least a FAA license, approval of the application presents no national security issue.

Given the clear direction in Section 333 of the Reform Act, the authority contained in the Federal Aviation Act, as amended; the strong equivalent level of safety surrounding the proposed operations, and the significant public benefit, including enhanced safety, reduction in environmental impacts, including reduced emissions associated with allowing battery powered UASs for these functions instead of turbine or gas power aircraft/rotorcraft and operations with pilots having at least a commercial pilot license, the grant of this requested exemption is in the public interest. Accordingly, the applicant respectfully requests that the FAA grant this amendment without delay.

AIRCRAFT AND EQUIVALENT LEVEL OF SAFETY/NATIONAL SECIIRITY

SkySkopes states that operating in compliance with the conditions set forth in this 1VIanua1 will provide an equivalent level of safety for the operation of its Section 333 approved aircraft types. Conventional fllming operations, filming using jet or piston power helicopters, operate at extremely low altitudes just feet from the subject being photographed and in extreme proximity to people and structures and present the risks associated with vehicles that weigh in the neighborhood of 6,000 lbs., carrying large amounts of jet A or other fuel. In contrast, a sUAV weighing fewer than 55 lbs. and powered by batteries eliminates virtually all of that risk given the reduced mass and lack of combustible fuel carried on board the UAS. The sUAV is carried to the target area and not flown and does not carry passengers or crew.~ --

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?„ .. Snowy Owl Produc[ions Therefore, the proposed operation will not expose participants and non-participants to the risks associated with manned aircraft flights. These lightweight aircraft operate at slow speeds, close to the ground, and in "sterile areas" that are under the control of the operator, where all participants have received a safety briefmg and, as a result, are far safer than conventional operations conducted with larger manned aircraft operating in close proximity to the ground and people.

Given the small size of the sUAVs involved, the restricted environment within which they will operate and the comprehensive and carefully thought out procedure set forth in the Manual, SkySkopes' request falls squarely within that zone of safety (an equivalent level of safety) in which Congress envisioned that the FAA must, by exemption, allow commercial operations of sUAVs to commence immediately, including allowing control of sUAS at night. Due to the size of the sUAVs, the restricted areas in which they will operate, operation within line of site, its proximity to people and airports and the fact that they will be flown by highly qualified pilots appropriately licensed for the specific vehicles they will operate, approval of the application presents no national security issue and is within the criteria set forth by Congress in the enabling statute for approval.

PUBLIC INTEREST

The FAA has granted exemptions to the regulations listed on page 2 in the exemptions cited above. As discussed in detail for each of these regulations in the attached Appendix A, the public interest will be served by an exemption because, with respect to each, operation in compliance with the requested conditions will ensure an equivalent level of safety. As also explained at length in SkySkopes original Section 333 exemption request, the grant of this requested exemption is in the public interest given the clear direction in Section 333 of the Reform Act; the authority included in the Federal Aviation Act, as amended; the strong equivalent level of safety surrounding the proposed operations; and the significant public benefit including enhanced safety, reduction in environmental impacts, the grant of this requested exemption is in the public interest derived from allowing control of sUASs at night.

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Pursuant to 14 C.F.R. Part 11, the following summary is provided for publication in the Federal Register, should it be determined that publication is needed:

Applicant seeks an exemption from the following rules:

14 C.F.R. 61.23(a) and (c) 14 C.F.R. 61.101 (e) (4) and (5) 14 C.F.R. 61.113 (a) 14 C.F.R. 61.315 (a) 14 C.F.R. 91.7 (a) 

### 14 C.F.R. 91.119 (c) 14 C.F.R. 91.121 14 C.F.R. 91.151 (a)(1) 14 C.F.R. 91.405 (a) 14 C.F.R. 407 (a) (1) 14 C.F.R. 409 (a) (1) and (2) 14 C.F.R. 417 (a) & (b)

to operate commercially a small unmanned vehicle (55 lbs. or less) at night.t

Snowy Owl Productions The operation of small UASs, weighting less than 55 lbs., conducted in the strict conditions outlined above, will provide an equivalent level of safety supporting the grant of the exemptions requested herein. These lightweight aircraft operating in a sterile controlled area, at relatively slow speeds, are close to the ground, and in areas that are under the control of the applicant and, as a result, are far safer than conventional operations conducted with turbine helicopters operating in close proximity to the ground and people.~

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,.. Snowy Owl Productions Appendix A

AIl2CRAFT AND EQUIVALENT LEVEL OF SAFETY

The FAA has granted exemptions to the following regulations in the listed exemptions: 14 C.F.R. 61.23(a) and ( c);14 C.F.R. 6 1. 101 (e) (4) and (5);14 C.F.R. 61.113 (a); 14 C.F.R. 61.315 (a);14 C.F.R. 91.7 (a);14 C.F.R. 91.119 (c);14 C.F.R. 91.121;14 C.F.R. 91.151 (a)(1);14 C.F.R. 91.405 (a);14 C.F.R. 407 (a) (1);14 C.F.R. 409 (a) (1) and (2);14 C.F.R. 417 (a) &(b) to allow aerial data collection and closed set filming (See, FAA Exemptions 11309,11460, 11490 and the Exemption)

14 C.F.R. Part 61: Private Pilot Privileges and Limitations: Pilot in Command

Sections 61.113 (a) &(b) limit private pilots to non-commercial operations. Because the UAS will not carry a pilot or passengers, the proposed operations can achieve the equivalent level of safety of current operations by requiring the PIC operating the aircraft to hold a certificate issued by the FAA authorizing operation of any aircraft (ATP, Commercial, Private, Recreational or Sport). Unlike a conventional aircraft that carries the pilot and passengers, the sUAS is remotely controlled with no living thing on board. The area of operation is controlled and restricted, and all flights are planned and coordinated in advance as set forth in the Manual. The level of safety provided by the requirements included in the Manual exceeds that provided by a single individual holding a commercial pilot's certificate operating a conventional aircraft. The risks associated with the operation of the sUAS are so diminished from the level of risk associated with commercial operations contemplated by Part 61 when drafted, that allowing operations of the sUAS as requested with any certificate issued by the FAA as the PIC exceeds the present level of safety achieved by 14 C.F.R. Part 61. The FAA has granted exemptions for private pilots to conduct similar operations in Exemptions 11062, 11213, 11360 and 11447.

14 C.F.R. § 91.119: Minimum Safe Altitudes

Section 91.119 establishes safe altitudes for operation of civil aircraft. Section 91.119 (d) allows helicopters to be operated at less than the minimums prescribed, provided the person operating the helicopter complies with any route or altitudes prescribed for helicopters by the FAA. As this exemption is for a sUAS that are helicopters and the exemption requests authority to operate at altitudes up to 400 AGL an exemption may be needed to allow such operations. As set forth herein, except for the limited conditions stated in the Manual, the UAS will never operate at higher than 400 AGL.

The equivalent level of safety will be achieved given the size, weight, speed of the UAS as well as 

### the location where it is operated. No flight will be taken without the permission of the property owner, facility owner and local officials. Because of the advance notice to the properry owner and participants all affected individuals will be aware of the planned flight operations as set forth in the Manual. Compared to flight operations with aircraft or rotorcraft weighting far more than the maximum 551bs. proposed herein and the lack of flammable fuel, any risk associated with these operations is far less than those presently presented with conventional aircraft operating at or below 500 AGL in the aerial photography industry. In addition, the low-altitude operations of the sUAS will ensure separation between these small-UAS operations and the operations of conventional aircraft that must comply with Section 91.119. The FAA has granted exemptions to conduct similar operations in Exemptions 11062, 11213, 11360 and 11447.

14 C.F.R. § 91.121: Altimeter Settings

This regulation requires each person operating an aircraft to maintain cruising altitude by reference to an altimeter that is set "...to the elevation of the departure airport or an appropriate altimeter setting~ --

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,,.. Snowy Owl Productions available before departure." As each sUAS model in at least one operating mode will not have a barometric altimeter, but instead a GPS altitude read out, an exemption will be needed. An equivalent level of safety will be achieved by the operator, pursuant to the Manual and Safety Check list, confirming the altitude of the launch site shown on the GPS altitude indicator before flight. The FAA has granted exemptions to conduct similar operations in Exemptions 11062, 11213, 11360 and 11447.

14 C.F.R. § 91.151(a): Fuel Requirements for Flight in VFR Conditions

Section 91.151 (a) prohibits an individual from beginning "a flight in an airplane under VFR 

### conditions unless (considering wind and forecast weather conditions) there is enough fuel to fly to the first point of intended landing, and, assuming normal cruising speed —(1) During the day, to fly after that for at least 30 minutes; or (2) At night, to fly after that for at least 45 minutes."

The battery powering the sUAS provides approximately 40 minutes of powered flight. To meet the 30 minute reserve requirement in 14 C.F.R. § 91.151, sUAS flights would be limited to approximately 10 minutes in length. Given the limitations on the UAS's proposed flight area and the location of its proposed operations within a predetermined area, a longer time frame for flight in daylight or night VFR conditions is reasonable.

Applicant believes that an exemption from 14 C.F.R. § 91.151(a) falls within the scope of prior exemptions. See Exemption 10673 (allowing Lockheed Martin Corporation to operate without compliance with FAR 91.151 (a)). Operating the small UAS, in a tightly controlled area where only people and property owners or official representatives who have signed waivers will be allowed, with less than 30 minutes of reserve fuel, does not engender the type of risks that Section 91.151(a) was intended to alleviate given the size and speed of the small UAS.

Applicant believes that an equivalent level of safety can be achieved by limiting flights to 5 minutes of reserve time on the batteries. This restriction would be more than adequate to return the sUAS to its planned landing zone from anywhere in its limited operating area.

Similar exemptions have been granted to other operations, including Exemptions 2689F, 5745, 10673, 10808 and Exemptions 11062, 11213, 11360 and 11447.

14 C.F.R. Part 91: Maintenance Inspecfions

These regulations require that an aircraft operator or owner "shall have that aircraft inspected as 

### prescribed in subpart E of this part and shall between required inspections, except as provided in paragraph (c) of this section, have discrepancies repaired as prescribed in part 43 of this chapter...," and others shall inspect or maintain the aircraft in compliance with Part 43.


### Given that these section and Part 43 apply only to aircraft with an airworthiness certificate, these sections will not apply to the applicant. Maintenance will be accomplished by the operator pursuant to the flight manual and operating handbook as referenced in the FOP attached as confidential See Exhibit 1. An equivalent level of safety will be achieved because these small UASs are very limited in size and will carry a small payload and operate only in areas for limited periods of time. If inechanical issues arise the UAS can land immediately and will be operating from no higher than 400 feet AGL. As provided in the FOP the operator will ensure that the UAS is in working order prior to initiating flight, perform required maintenance, and keep a log of any maintenance performed. Moreover, the operator is the person most familiar with the aircraft and best suited to maintain the aircraft in an airworthy condition to provide the equivalent level of safety. The FAA has granted exemptions for similar operations in Exemptions 11062, 11213, 11360 and 11447.