HOGAN LOVELLS US LLP 

### BEFORE THE FEDERAL AVIATION ADMINISTRATION

___________________________________________________

Skycatch, Inc.
Petitioner. Docket No. FAA

- 2015

- 1884

SKYCATCH, INC. PETITION TO AMEND EXEMPTION NO. 12201 TO PERMIT CLOSED - SET FILMING OPERATIONS

E. Tazewell Ellett Lisa Ellman Patrick R. Rizzi Matthew J. Clark Hogan Lovells US LLP 555 13 th Street, N.W. Washington, DC 20004 Phone: 202

- 637

- 8644 Fax: 202

- 637

- 5910 tazewell.ellett@hoganlovells.com lisa.ellman@hoganlovells.com patrick.rizzi@hoganlovells.com matt.c lark@hoganlovells.com COUNSEL FOR SKYCATCH, INC.

DATE: November 10, 20152

1. BACKGROUND AND AMENDMENT REQUEST On May 11, 2015, Skycatch, Inc. (“Skycatch”) petitioned the Federal Aviation Administration (“FAA”), under Section 333 of the FAA Modernization and Reform Act of 2012 (“FMRA”) and 14 C.F.R. Part 11, for an exemption from certain sections of the Federal Aviation Regulations (“FAR”) to allow commercial operation of small unmanned air craft systems ( i.e., “small unmanned aircraft” or “UAS”) for aerial imaging and data capture. Skycatch was issued Exemption No. 12201 on July 28, 2015 (hereinafter “the Exemption”), allowing commercial operation of its custom

- made multi

- rotor UAS for aeria l data collection. Skycatch hereby requests an amendment to Condition and Limitation No. 2 of the Exemption to authorize UAS operations for the purpose of closed

- set filming activities. Skycatch does not seek to amend, and will continue to comply with, t he remaining Conditions and Limitations of the Exemption. Condition and Limitation No. 2 of the Exemption states: “Operations for the purpose of
closed

- set motion picture and television filming are not permitted.” Skycatch seeks to amend Condition and Lim itation No. 2 by simply deleting the word “not” to state instead: “Operations for the purpose of closed

- set motion picture and television filming are permitted.” In support of this Petition to Amend the Exemption, Skycatch will submit a Closed

- Set Filming UAS Operations Manual as would be required by Condition and Limitation No. 29 of the Exemption in the event that the Exemption is amended to permit closed

- set filming operations. The policies and procedures in the Closed

- Set Filming UAS Operations Manual will ensure that Skycatch continues to maintain a level of safety that is equal to or greater than that provided by the rules from which Skycatch has been granted an exemption. Skycatch submits this Manual as a confidential document pursuant to 14 C.F.R. § 11.35(b), as the material contains confidential commercial and/or proprietary information that Skycatch has not shared, and will not share, with others. Additionally, the Manual contains operating conditions and procedures that are not generally availa ble to the public and are protected from release under the Freedom of Information Act, 5 U.S.C. § 552 et seq.3

2. DESCRIPTION OF PROPOSED CLOSED - SET FILMING OPERATIONS Skycatch provides a variety of UAS services, including UAS filming operations, UAS d esign and engineering, custom sensor package integration, and data and software training. As an additional service for its clients, Skycatch seeks to perform closed

- set filming for photogrammetry purposes in support of large

- scale construction projects. All closed

- set filming operations will occur under tightly controlled conditions over sites located on private property where Skycatch has received permission to operate from the landowner, controller or authorized representative. Composite photographic images produced during closed

- set filming will be shown to construction team leaders the next morning on a flat screen television, allowing them to make important decisions about that day’s construction activities. These photographic images will also
assi st the construction team in determining appropriate routings for the heavy construction equipment that is used on the site, with the aim of eliminating choke points and other hazards. The roads on the construction site are routinely re

- located, and by usi ng this visual tool the construction team can de

- conflict the movement of cranes, concrete trucks, graders, bulldozers, and other heavy equipment by making sure that there is adequate room on the roads for this equipment to operate and avoid both tight sit uations and other equipment. Closed

- set filming would also enable the construction team to provide information to the construction workers regarding where to walk and not walk, and areas that will be particularly hazardous during that day’s construction. The photographic images would also show the location of the fire hydrants and detours that day, which would be very helpful to firefighters and other emergency responders in the event of a fire or accident. The photographic images also would facilitate t he reduction of vehicle traffic, congestion, and potential vehicle accidents on the site, since the construction managers and logistics people would no longer need to drive out to, and around, the site in order to gather the information they need in order to make decisions. That information would be readily available in the current visual image created through closed

- set filming. Lastly, the photographic images would enable the construction team to4

see environmental problems, such as rainwater runoff caus ing erosion, or chemical spills, as they develop, and to implement countermeasures without delay.
3. GRANTING THE REQUESTED AMENDMENT IS IN THE PUBLIC INTEREST Skycatch believes an amendment permitting closed

- set filming is in the public interest, since
t hese operations would permit the reduction of hazards and emissions associated with the alternate use of helicopters to conduct similar closed

- set filming operations. Skycatch’s UAS weighs approximately 5 pounds and does not carry any flammable fuel, furt her reducing the risk from any potential accident.
4. PUBLICATION NOTICE OF THIS PETITION FOR AMENDMENT IS NOT NECESSARY As this is an amendment to an existing exemption that only seeks to add closed

- set filming operations, and there has been no chan ge in the conditions or reasons supporting the public interest and safety arguments that were the basis for granting the Exemption, no new precedent would be set. For that reason, there is no need for the FAA to issue a public notice of, or receive public comment on, this Petition, and any such public notice and comment would delay the processing of this Petition and negatively impact Skycatch’s business operations. Therefore, good cause exists for the FAA to not publish a summary of this Petition in the Federal Register, as the FAA previously determined in Exemption No. 11946A issued to RTI Group, LLC, Docket No. FAA

- 2015

- 1455. 5. CONCLUSION For the foregoing reasons, Skycatch respectfully requests that the FAA refrain from publishing a summary of thi s Petition in the Federal Register, and grant this Petition to Amend the Exemption without delay. If you have any questions, or need any additional information to process the requested amendment to the Exemption, please do not hesitate to contact the und ersigned.

Respectfully submitted,5 E. Tazewell Ellett Lisa Ellman Patrick R. Rizzi Matthew J. Clark 1 Hogan Lovells US LLP

COUNSEL FOR SKYCATCH, INC.

1 Matthew Clark is only licensed to practice law in the Commonwealth of Virginia and his practice is limited consistent with Rule 49(c) of the D.C. Court of Appeals.