James E. Mackler

Member

615.251.5569 (t)

615.251.5551 (f)

jmackler@fbtlaw.com

February 16, 2016

The Pinnacle at Symphony Place | 150 3rd Avenue South, Suite 1900 | Nashville, Tennessee 37201 | 615.251.5550 

www.frostbrowntodd.com

Offices in Indiana, Kentucky, Ohio, Tennessee and West Virginia

U. S. Department of Transportation

Docket Management System

1200 New Jersey Ave., SE, 

West Building Ground Floor, Room W12-140,

Washington, DC 20590

Re: Request for Amendment to 11063A

PETITION FOR AMENDMENT

Dear Sir or Madam:

In November of 2014, the FAA issued Snaproll Media, LLC (“Snaproll”) one of the 

original six commercial use exemptions pursuant to section 333 of the 2012 FAA Modernization 

of Reform Act (exemption #11063A). The exemption was for the purpose of conducting

unmanned aircraft operations for closed-set motion picture and television production and data 

collection. Since that time Snaproll has conducted thousands of flights, legally, safely, and 

without a single incident. Snaproll hereby requests an amendment to the exemption allowing 

flights to be conducted at night. 

UAS operations at night are at least as safe as the use of manned aircraft for the same 

purpose provided that the operator employs appropriate safety protocols and training. Snaproll 

has logged 96 governmentally approved night UAS flights in Europe, Russia, and China without 

incident and developed comprehensive safety protocols for night operations. The company has 
U. S. Department of Transportation

February 16, 2016

Page 2

The Pinnacle at Symphony Place | 150 3rd Avenue South, Suite 1900 | Nashville, Tennessee 37201 | 615.251.5550

www.frostbrowntodd.com

Offices in Indiana, Kentucky, Ohio, Tennessee and West Virginia

mitigated potential risks to other air traffic as well as persons and property on the ground through 

the use of comprehensive control measures and pilot training. 

Snaproll’s request is supported by two proprietary documents submitted via email. First, 

Snaproll is providing its night operations logs documenting its experience with night operations 

abroad. Second, Snaproll is providing an amendment to its Operations Manual concerning Night 

Operations. All Snaproll pilots hold Private or Commercial Airmen Certificates meaning they 

have already received FAA Approved Night Operations training and are qualified to fly manned 

aircraft at night. This same night operations training is included in Snaproll’s checkout process 

and ground school training which is administered by an FAA Certified Flight or Ground 

Instructor. 

Snaproll understands the critical importance of the ability to “see and avoid” other air 

traffic as well as being seen by other traffic. All of Snaproll’s aircraft are equipped with 

position, and anti-collision lighting per FAR 91.209. These lights are in the standard aircraft

colors and positions, making them as easy to see in the night sky as any other aircraft. The 

extreme contrast provided by LED lights against the dark sky provides a greater level of 

visibility than is obtained during daytime operations. Additionally, Snaproll’s operating 

procedures include a daytime scout of the flight path/area to ensure there are no obstacles which 

may become hidden at night. Snaproll understands that wire strike avoidance is of special 

emphasis. As you will see from the operating manual, Snaproll takes all appropriate precautions, 

including special notation during our daytime scout to avoid such hazards. 
U. S. Department of Transportation

February 16, 2016

Page 3

The Pinnacle at Symphony Place | 150 3rd Avenue South, Suite 1900 | Nashville, Tennessee 37201 | 615.251.5550

www.frostbrowntodd.com

Offices in Indiana, Kentucky, Ohio, Tennessee and West Virginia

No additional regulatory exemption will be necessary to conduct unmanned operations at 

night. The following regulations were given special consideration as they pertain to night 

operations of civil aircraft. 

● 91.151(a)(2) - Regarding fuel reserves, part (a) of this section is limited to 

airplanes and part (b) of this section is limited to rotorcraft. The regulation does not 

address the operation of UAS. If, however, the administrator should choose to apply 

either subsection (a)(2) or section (b) to the use of unmanned aircraft then the following 

is submitted as a petition for exemption from this rule. Section 91.151(a) requires 

airplane pilots to begin operations with not less than 30 minutes of reserve fuel for 

daytime operations and 45 minutes of reserve fuel during night operations. This is an 

increase of 50 percent for night operations. Snaproll Media’s Operating Handbook will 

be updated to include the provision that all night operations be conducted with at least 50 

percent more fuel reserve than is required for daytime flight. 

● 91.205 - This section, regarding required equipment, applies only to aircraft with 

a Standard category U.S. Airworthiness Certificate. No exemption is needed. 

● 91.209 - Lights. No exemption is needed as the lighting requirements of this 

subsection will be met.

○ Position lights are equipped.

○ Anti-collision lights are equipped.
U. S. Department of Transportation

February 16, 2016

Page 4

The Pinnacle at Symphony Place | 150 3rd Avenue South, Suite 1900 | Nashville, Tennessee 37201 | 615.251.5550

www.frostbrowntodd.com

Offices in Indiana, Kentucky, Ohio, Tennessee and West Virginia

Snaproll’s proposed night operations constitute a higher level of safety than is possible 

with manned helicopters when used for the same purpose. Just as during daylight hours, it is 

safer to fly UAS in close proximity to people and property than it is to fly a manned helicopter at 

the same distance. Many closed set filming operations must be performed at night. In those 

instances, the film currently uses manned aircraft. Replacing these helicopters with UAS 

immediately provides a safer environment at night just as it does during the day. 

Additionally, atmospheric stability is greater at night, and solar interference on GPS 

systems is reduced compared to daytime conditions resulting in an improved level safety at 

night. 

This requested amendment is in the public interest. Snaproll has been approached by 

movie production companies for closed set filming and engineering /inspection companies to 

provide services, such as infrared imaging, which can only be conducted at night. In addition to 

the considerable cost savings, Snaproll’s services provide a means of performing inspections and 

data collection from hard to reach and dangerous locations while keeping humans safely on the 

ground. The proposed operations constitute a significant increase in safety over the use of 

manned aircraft. As required by the current exemption, all operations are conducted in restricted 

access environments with the required separation from non-participants. This separation further 

insures public safety in the event of a mishap.

As this is an amendment to an existing exemption, Snaproll respectfully submits that, as 

an amendment to an existing exemption, good cause exists to grant this request without the 

publication of notice in the Federal Registrar for the requested amendment. 
U. S. Department of Transportation

February 16, 2016

Page 5

The Pinnacle at Symphony Place | 150 3rd Avenue South, Suite 1900 | Nashville, Tennessee 37201 | 615.251.5550

www.frostbrowntodd.com

Offices in Indiana, Kentucky, Ohio, Tennessee and West Virginia

If I can be of any assistance to further expedite this petition, please do not hesitate to 

contact me at (615) 251-5569 or at my email jmackler@fbtlaw.com.

Sincerely yours,

___________________

James E Mackler, Esq.

JEM:pt

0132498.0631106 4849-8261-1758v1