1

Drone/UAS Practice Group 35 E Wacker Drive

Suite 1875 Chicago, IL 60601

Tel. 312.201.8310 Jeffrey@Antonelli

- Law.com

U.S. Department of Transportation March 7, 2017 Docket Management System 1200 New Jersey Ave S.E. Washington, D.C. 20590

Re: SkyFly Cinema, LLC Exemption No. 16842 Response to N AAA Letter

Docket No. FAA

- 2015

- 7598

Dear Sir or Madam:

This letter is in response to the N A AA opposition letter to our client’s petition for exemption under Section 333. This letter will address each of NAAA ’ s concerns with the petition, many of which are questions that have alr eady been settled by the FAA.

Introduction

In general, NAAA has expressed concern regarding the ability of manned pilots to see the UA in question during oper ations, as w ell as concerns regarding appropriate licensure for the PIC

and airworthiness of the UA in question. However, as shown below, these concerns have been addressed by the FAA in i ts standard practice of granting Section 333 exemptions, in particular Exemptio n No. 16842 which was previously granted to applicant

. The UA in question, the

C opterworks AF 25b , has previously been determined by the FAA to be approved for operation by

Section 333 Exem ption Holders. ( FAA

– 2007

– 3330 ). Applicant ’ s request will add a minimal

amount of additio na l weight to the UA in question.

NAAA Comments on Applicant ’ s Petition

Size of Aircraft

NAAA expresses concern that applicant is looking to operate a UA that weighs more than

55 lbs. However, t he UA in question has already been approved to opera te at weights less than 55 lbs., up to 400 ft. AGL and at speeds up to 87 mph. Applicant is now seeking to a dd less than an

additional 15 lbs. of weight to the UA during operations. This does not change the size of the aircraft, how fast it will fly, or how high it will fly, so N AAA ’ s conc erns here are irrelevant.2

S ee

- and

- Avoid Requirement

N AAA claims that applicant ’ s UA will be difficult for other aviators to see when it is operating in the NAS. However, the burden t o see

- and

- avoid m anned aircraft is on the applicant, who will always operate within VLOS and utilize one or more VOs for each operation. Exemption

No. 16842 also requires applicant to see

- and

- avoid manned aircraft, and to give right of way to

ma nned aircraft when operating.

Exe mptions Sought

NAAA ’ s concerns regarding an exemption from certain FARs far can be divided into specific categories: airworthiness , pilot certificate, and UA requirements. As shown below, the FAA has previously spoken on these concerns.

1. Airworthiness Certification

NAAA argues that applicant should comply with 14 CFR Part 21 and 14 CFR 91 .7 , regarding airworthiness requirements

. However, the FAA has previously determined that UAs can operate in a similarly safe m anner as certificated aircraft:

Regarding the petitioner’s requested relief from 14 CFR part 21 Certification procedures for products and parts, the FAA finds that, based on the limited size, weight, operating conditions, design safety features, and the imposed conditions and limitations, the petitioner has demons trated that its operations would not adversely affect safety compared to similar operations conducted with aircraft that have been

is sued an airworthiness certificate under 14 CFR part 21, Subpart H.

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

- 95 in reference to 49 USC 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 the requested relie f from 14 CFR part 21, and any associated noise certification and testing requirements of part 36, is not necessary. (Exemption No. 11062 at 12

- 14).

Applicant has already been granted permission to operate the UA in question under Section 333, and the FAA has determined that an equival ent level of safety has been met. Because the FAA has already spoken on this issue , NAAA ’ s concer n here has been addressed.

2. Pilot Licensure a nd Medical Certificates

NAAA ’ s claims regarding 14 CFR §§ 61.113 (a) and (b), 61.23(a) and (c), and 61.315 (a) and (c) should not be considered because the FAA has spoken on this iss ue previously. In Exemption
No. 16842, t he FAA has issued the following condition and limita tion:

3. PIC certification: Under this exemption, a PIC must hold either an airline transport,

c ommercial, private, recre ational, or sport pilot certificate. The PIC must also hold a current FAA airman medical certificate or a valid U.S. driver’s license issued by a state, the District of Columbia, Puerto Rico, a territory, a possession, or the Federal3

Government. The PIC mu st also meet the flight review requirements specified in 14 CFR § 61.56 in an aircraft in which the PIC is rated on his or her pilot certificate.

Therefore, N AAA ’ s concerns regarding the appropriate level of pilot licensure and medical

certification ha ve already been addressed by the FAA

.

3. A ircraft Marking

, Operational Limitations , and Maintenance Requirements

F inally, the FAA should disregard NAAA ’ s arguments regarding t hese requirements because these are items that have already be en addressed by applicant ’ s Section 333 Exemption. Additionally, any claims that applicant should operate pursuant to Part 137 should be d isregarded because app licant is not an agricultural aircraft operator.

T he FAA has determined that adherence to these conditions and limitations will en sure safe operations in the NAS:

Location of marks; nonfixed

- wing aircraft : 24. All aircraft operated in accordance with this exemption must be registered in accordance with 14 CFR part 47 or 48, and have identification markings in accordance with 14 CFR part 45, Subpart C or part 48

.

Minimum safe altitudes: 7. The UA must be operated at a n altitude of no more than 400 feet above ground

level (AGL). Altitude must be reported in feet AGL

.

Fuel requirements for flight in VFR conditions 21. The PIC is prohibited from beginning a flight unless (considering wind and forecast weather conditions) there is enough available power for the UA to con duct

the intended operation and to operate after that for at least 5 minutes or with the

reserve power recommended by the manufacturer if gre ater.

Maintenance inspections 11. Any UAS that has undergone maintenance or alterations that affect the UAS operation or flight characteristics, e.g., replacement of a flight critical component, must undergo a functional test flight prior to conducting further operations u nder this exemption. Functional test flights may only be conducted by a PIC with a VO and must remain at least 500 feet from other people. The functional test flight must be conducted in such a manner so as to not pose an undue hazard to persons and

proper ty.

12. The operator is responsible for maintaining and inspecting the UAS to ensure that it is in a condition for safe operation.

13. Prior to each flight, the PIC must conduct a pre

- flight inspection and determine the UAS is in a condition for safe fligh t. The pre

- flight inspection must account for all potential discrepancies, e.g., inoperable components, items, or equipment. If the inspection reveals a condition that affects the safe operation of the UAS, the aircraft is prohibited from operating until t he necessary maintenance has been performed and the UAS is found to be in a condition for safe flight.4

14. The operator must follow the UAS manufacturer’s maintenance, overhaul, replacement, inspection, and life limit requirements for the aircraft and airc raft

components.

15. Each UAS operated under this exemption must comply with all manufacturer safety bulletins.

As with previous concer ns , the FAA has addressed each of t hese issues, so NAAA ’ s

c omments h ave already been addressed.

Operational Safety

In applicant ’ s Section 333 Exemption Grant, the FAA provided a lis t of conditions and limitations to ensure that applicant ’ s UA operations would provide a reasonable level of safety in

the NAS. T he FAA ’ s list of conditions and limitations is either identical to or more than NAAA ’ s listed recommendati ons:

1. T he UA will always be op erated within VLOS in order to “ attend/monitor ” the UA a t all

times. (Condition and Limitation #8).

2. Applicant will operate pursuant to a COA, which has requirements regarding the issuance

of NOTAMs. (Condition and Limitation #23).

3. Applicant has already been required to give the right of way to manned airc raft. (Condition

and Limitation # 26 ).

4. B ecause applicant is required to “ remain clear and give way to all manned aviation operations and activities at all times, ” this concern ha s already been addre ssed. (Condition and Limitation #26).

5. A pplicant has received an exemption from certain FAA regulations for operation, and has

instead been given a list of conditions and limitations the FAA has determined will ensure safe operations in the NAS.

6. A pplicant has already been required to obtain a current FAA airman medical certificate or

a valid U.S. driver ’ s license. (Condition and Limitation #3).

7. The FAA has previously determined that an airworthiness certificate is not needed for UAS operations. (Exemption No. 11062).

8. A pplicant is already required to operate the UA within VLOS of the operator . (Condition

an d Limitation #8 )

.

9. T he FAA has previously determined that UA operations can be conducted saf ely in the

NAS without a liability insurance requirement, and has not required Section 333 Exemption Holders to hold insurance in the past.

10. A pplicant is currently permitted to operate its UA in the NAS without ADS

- B Out

- like