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 13th 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.clark@hoganlovells.com

COUNSEL FOR SKYCATCH, INC.

DATE: November 10, 2015
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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 aircraft 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 aerial 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, the 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 Limitation 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 available to the public and are protected 

from release under the Freedom of Information Act, 5 U.S.C. § 552 et seq.
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2. DESCRIPTION OF PROPOSED CLOSED-SET FILMING OPERATIONS 

Skycatch provides a variety of UAS services, including UAS filming operations, UAS design 

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 

assist 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 using 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 situations 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 the 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 to 
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see environmental problems, such as rainwater runoff causing 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 

these 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, further 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 change 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 this 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 undersigned.

Respectfully submitted, 
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E. Tazewell Ellett

Lisa Ellman

Patrick R. Rizzi

Matthew J. Clark1

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.