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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 NAAA Letter 

Docket No. FAA-2015-7598

Dear Sir or Madam:

This letter is in response to the NAAA 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 already 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 operations, as well 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 its standard practice of granting Section 333 exemptions, in particular

Exemption No. 16842 which was previously granted to applicant. The UA in question, the 

Copterworks AF25b, has previously been determined by the FAA to be approved for operation by 

Section 333 Exemption Holders. (FAA–2007–3330). Applicant’s request will add a minimal 

amount of additional 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, the UA in question has already been approved to operate at weights less than 55 

lbs., up to 400 ft. AGL and at speeds up to 87 mph. Applicant is now seeking to add 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 NAAA’s concerns here are irrelevant.
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See-and-Avoid Requirement

NAAA claims that applicant’s UA will be difficult for other aviators to see when it is 

operating in the NAS. However, the burden to see-and-avoid manned 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 

manned aircraft when operating.

Exemptions 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 manner 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 demonstrated that its operations would not adversely 

affect safety compared to similar operations conducted with aircraft that have been 

issued 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 relief 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 equivalent level of safety has been met. Because the 

FAA has already spoken on this issue, NAAA’s concern here has been addressed.

2. Pilot Licensure and 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 issue previously. In Exemption 

No. 16842, the FAA has issued the following condition and limitation:

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

commercial, private, recreational, 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 Federal 
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Government. The PIC must 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, NAAA’s concerns regarding the appropriate level of pilot licensure and medical 

certification have already been addressed by the FAA.

3. Aircraft Marking, Operational Limitations, and Maintenance Requirements

Finally, the FAA should disregard NAAA’s arguments regarding these requirements because 

these are items that have already been addressed by applicant’s Section 333 Exemption.

Additionally, any claims that applicant should operate pursuant to Part 137 should be disregarded 

because applicant is not an agricultural aircraft operator. 

The FAA has determined that adherence to these conditions and limitations will ensure 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 an 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 conduct 

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

reserve power recommended by the manufacturer if greater.

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 under 

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 

property. 

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 flight. 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 the necessary maintenance has been performed 

and the UAS is found to be in a condition for safe flight. 
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14. The operator must follow the UAS manufacturer’s maintenance, overhaul, 

replacement, inspection, and life limit requirements for the aircraft and aircraft 

components. 

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

safety bulletins. 

As with previous concerns, the FAA has addressed each of these issues, so NAAA’s 

comments have already been addressed.

Operational Safety

In applicant’s Section 333 Exemption Grant, the FAA provided a list of conditions and 

limitations to ensure that applicant’s UA operations would provide a reasonable level of safety in 

the NAS. The FAA’s list of conditions and limitations is either identical to or more than NAAA’s 

listed recommendations:

1. The UA will always be operated within VLOS in order to “attend/monitor” the UA at 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 aircraft. (Condition 

and Limitation # 26).

4. Because applicant is required to “remain clear and give way to all manned aviation 

operations and activities at all times,” this concern has already been addressed. (Condition 

and Limitation #26).

5. Applicant 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. Applicant 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. Applicant is already required to operate the UA within VLOS of the operator. (Condition 

and Limitation #8).

9. The FAA has previously determined that UA operations can be conducted safely in the 

NAS without a liability insurance requirement, and has not required Section 333 

Exemption Holders to hold insurance in the past.

10. Applicant is currently permitted to operate its UA in the NAS without ADS-B Out-like