Fly Commercially, LLC

22828 SW Forest Creek Dr.

Unit 201

Sherwood, OR 97140

7/26/2015

U. S. Department of Transportation

Docket Management System

1200 New Jersey Ave., SE

Washington, DC 20590

Subject: Petition for Exemption Pursuant to Section 333 of the FAA Reform Act and Part 11 of the

Federal Aviation Regulations from: 14 CFR Part 21, Subpart H; 14 CFR. 45.23(b); 14 CFR 61.101 (e)

and 61.113 (a) & (b); 14 CFR 91.7 (a); 14 CFR 91.9 (b) (2); 14 CFR 91.103 (b) (1) & (2; 14 CFR 91.10; 14

CFR 91.109; 14 CFR 91.119; 14 CFR 91.121; 14 CFR 91.151 (a); 14 CFR 91.203 (a) & (b); 14 CFR 91.405

(a); 14 CFR 91.407 (a) (1); 14 CFR 91.409 (a) (2); 14 CFR 91.417 (a) & (b) in the case of Fly

Commercially

Dear Sir or Madam,

1.​Please find this petition for a Section 333 Exemption for Fly Commercially per 14 CFR Part 11.81.

Pursuant to Section 333 of the FAA Modernization and Reform Act of 2012 (FMRA) and 14 C.F.R.

Part 11, Fly Commercially, LLC (“Fly Commercially”, “petitioner” or “the petitioner”) hereby

petitions for an exemption from the listed Federal Aviation Regulations (FARs) to allow

commercial operation of Small Unmanned Aircraft Systems (UAS) for the purpose of aerial

photography and videography, sensing, photogrammetry and 3D mapping, precision agriculture,

data collection, research and development, communications services (Wi-fi hotspot, FM radio

transmission, VHF radio repeater, cellular), inspections for the energy, infrastructure, ranching,

and construction industries, public entity support operations and airborne emergency services

provided such operations are conducted within the conditions outlined in this exemption request

or as established by the FAA. The requested operations will occur at or below 200 feet AGL. Based

on similar previously approved exemptions, the petitioner believes this exemption can be
approved using the summary grant process as it is similar in nature to numerous approved

exemptions, including Exemptions No. 12113, No. 12117 and No. 12084.

2. Petitioner Name and Address:

Fly Commercially,

Attn: Michael Hobson, Co-Founder

22828 SW Forest Creek Dr.

Unit 201

Sherwood, OR 97140

3. Summary of Petition from 14 CFR for the Docket:

Fly Commercially, LLC was established in 2015 for the purpose of assisting UAS operators establish

commercial business. The Oregon-based company provides business consulting services and

regulatory assistance so it’s clients are well positioned to be safe and successful UAS operators.

The approval of this Petition for Exemption would permit the operation of UAS under limited,

controlled, predetermined conditions will provide safety enhancements to the already safe

operation of the present industry using conventional aircraft in the NAS.

Specifically, Petitioner requests exemption from the following regulations:

14 CFR Part 21, Subpart H

14 CFR. 45.23(b)

14 CFR 61.101 (e) and 61.113 (a) & (b)

14 CFR 91.7 (a)

14 CFR 91.9 (b) (2)

14 CFR 91.103 (b) (1) & (2)

14 CFR 91.105

14 CFR 91.109

14 CFR 91.119

14 CFR 91.121

14 CFR 91.151 (a)

14 CFR 91.203 (a) & (b)

14 CFR 91.405 (a)

14 CFR 91.407 (a) (1)

14 CFR 91.409 (a) (1) &(2)
14 CFR 91.417 (a) & (b)

4. UAS for which Petitioner requests exemption:

The operation limitations proposed for an equivalent or higher level of safety because operations

will further enhance the safety of the persons and/or property using conventional aircraft. The

petitioner proposes that the exemption requested herein apply to civil aircraft that have the

characteristics and that operate with the limitations listed herein. These limitations provide for at

least an equivalent or higher level of safety to operations under the current regulatory structure

because the proposed operations represent a Safety enhancement to the already safe operations

conducted with conventional aircraft.

The petitioner therefore agrees to adhere to well-defined conditions and limitations when

conducting commercial operations under an FAA-issued exemption as set forth in Flight

Operations Manuals (FOMs) and as written in Sections 5, 6 and 7 of this petition.

5. Petitioner Operational Limitations:

The petitioner proposes to impose the following operational limitations on all of the

organization’s UAS operations with these UAS:

a. All operations will be conducted by a designated Pilot in Command (PIC) and will utilize at

least one Visual Observer (VO) as described in the subsequent section (see: UAS Crew

Qualifications/Certifications and Constraints).

b. All operations will be conducted in accordance with the manufacturer’s operational

limitations and procedures as specified in FOMs and related materials

c. All operations will be conducted at 200 feet AGL or below.

d. All operations will be conducted at a speed of no more than 87 knots (verified ground

speed), and no greater than the UAS manufacturers’ published airspeed limitations.

e. All operations will generally be conducted not less than 500 feet from non-participating

persons, vessels, vehicles, and structures. Should flights be necessary inside of this

envelope, the petitioner will obtain the permission of any persons, vehicle/vessel owners or

operators, or structures’ owners.

f. No operations will be conducted within 5 nm of an airport reference point (ARP) as denoted

in an FAA Airport Facility Directory (AFD), or for airports not denoted with a reference point

in the AFD, the center of the airport symbol as denoted on the current FAA aeronautical

chart, unless a letter of agreement with that airport’s management is obtained or otherwise

permitted by a COA issued to the petitioner.
g. All the petitioner operations will be authorized via an FAA Civil Certificate of Waiver or

Authorization (COA).

h. The petitioner will publish a Notice to Airmen (NOTAM) no earlier than 72 hours prior to

scheduled UAS operations and no later than 48 hours prior to scheduled UAS operations.

i. As required, the petitioner will notify the cognizant Flight Standards District Office (FSDO)

prior to all UAS operations.

j. All operations conducted over private or controlled access property will be conducted only

with the expressed written consent of that property’s owner or authorized controller.

k. All operations will be conducted no less than 500 vertical feet below or 2,000 horizontal

feet from a cloud or when visibility is greater than 3 statute miles from the PIC.

l. Operations will be conducted only in day visual meteorological conditions (VMC) and within

unaided Visual Line of Sight (VLOS) of the PIC and VO. The PIC and VO will maintain unaided

visual contact with the UAS (corrective lenses and/or sunglasses excepted).

m. All operations will be conducted within a radio frequency spectrum (described in the UAS’s

respective Operations Manuals) in compliance with the Federal Communications

Commission (FCC) or other appropriate government oversight agency requirements.

n. If the UAS suffers a loss of command and control link with the GCS, or loss of GPS navigation

signal, the UA will return to a predetermined point and hold until signal is regained. If the

signal is not reacquired, the UA will execute a landing at a safe, pre-determined point.

6. UAS Crew Qualifications/Certifications:

The petitioner proposes to adhere to the following crew qualifications/certification requirements:

a. PICs will hold (at minimum) an FAA Sport Pilot Certificate and a U.S. state issued Driver’s

license.

b. All PICs acting on behalf of the petitioner under this exemption will be required to

demonstrate proficiency in operation of these UAS and to maintain currency with these

platforms.

c. VOs will hold (at minimum) a State-issued Driver’s License.

d. All the petitioner crew members will be subject to the FAA’s Drug and Alcohol program.

7. UAS Logbooks, Inspections, Maintenance and Condition for Safe Operation:

The petitioner proposes to follow the below requirements with respect to UAS logbooks,

maintenance and ensuring our UAS’ condition for safe operation:
a. The petitioner will maintain operations and maintenance logbooks for each UAS.

b. The petitioner UAS will be inspected and maintained IAW the Manufacturer's’

Operator/Maintenance Manuals, or in accordance with FAA Advisory Circular 43.13 (b), as

applicable.

c. The petitioner will ensure that its UAS are kept in a condition for continued safe operation

by accomplishing the above.

d. All inspections, maintenance actions, and relevant life cycle data will be recorded in the

UAS logbooks.

8. Specific Exemptions Requested by the Petitioner, and Equivalent Levels of Safety:

a. 14 CFR Part 21, Sub-Part (H), “Airworthiness Certificates”:

There is no Type Certification basis the UAS for which the petitioner is requesting exemption,

hence Airworthiness Certification is not requested. However, the petitioner will ensure that

the UAS will be in a condition for safe operations through the use of maintenance and

preflight procedures as specified in the manufacturer's’ Operations/Maintenance manuals

and checklists. The petitioner will conduct all pre-flights, scheduled and unscheduled

maintenance in accordance with these manuals in order to ensure that the UAS is in a

condition for safe operations.

b. 14 CFR Part 45.23 (b) “Display of Marks, General”:

The petitioner will register both UAS with the FAA per 14 CFR Part 47. Exemption is requested

for the size and location of the aircraft markings, as the minimum sizes and locations of

markings per 14 CFR Part 43.23 (b) are impractical due to the size and configuration of UAS

listed above. The petitioner will mark the UAS with our assigned N-numbers to the largest

practical size.

c. 14 CFR Part 61.101 (e); and 61.315 (c) (2) and (3) “...privileges and limitations of...sport pilot

certificate”:

The petitioner may operate its UAS for missions which could be considered Commercial, or

use a compensated staff member to conduct operations. However, given the small size,

weight and complexity of the UAS the petitioner intends to operates, the petitioner proposes

to maintain an equivalent level of safety with respect to its pilots’ qualifications and

certifications by requiring all PICs acting on behalf of the petitioner under this exemption to

possess a minimum of an FAA Sport Pilot Certificate, and a valid State-issued driver’s license.

The petitioner believes that there is precedent for our establishing and maintaining the above

level of PIC qualifications/certifications, as the Secretary has granted Certificates of Waiver or

Authorization and Section 333 Exemptions for these and other UAS of similar specifications,

and for organizations performing operations with identical limitations.
d. 14 CFR Part 91.7 (a) “Civil aircraft airworthiness”:

As no certification basis exists for the two UAS the petitioner intends to operate, no normal

airworthiness can be established for these systems. However, the petitioner will ensure an

equivalent level of safety by ensuring compliance with all inspection and maintenance

procedures detailed in the manufacturer's’ operations and maintenance manuals.

e. 14 CFR Part 91.103 (b) (1), (2) “Pre-flight action”:

The UAS for which the petitioner is requesting exemption to operate have FAA-approved

Aircraft Flight Manuals. However the petitioner will ensure an equivalent level of safety by

complying with all pre-flight planning requirements of the manufacturer’s operations and

maintenance manuals, and by ensuring that effective operational pre-flight planning is

conducted by the Pilot in Command per the rule.

f. 14 CFR Part 91.105 “Flight crewmembers at stations”:

Under this exemption, and in order to ensure an equivalent level of safety, PICs will be located

with the UAS ground control station. No safety harnesses are required for this crew member's

physical location. Additionally, the petitioner will ensure an equivalent level of safety by

maintaining a “sterile cockpit” environment for the PIC, ensuring the PIC’s physical

environment is free of distraction from unauthorized personnel and/or other external stimuli.

g. 14 CFR Part 91.109 “Flight Instruction; Simulated instrument flight and certain flight tests”:

The UAS for which the petitioner requests exemption lack the dual controls required by the

rule, however the petitioner will maintain an equivalent level of safety by ensuring that

backup “piggybacked” controllers are used by PIC trainers for all system proficiency and

experience building. All crew training will be conducted only during dedicated training

sessions and will be conducted per the operational limitations expressed above in this

petition.

h. 14 CFR Part 91.119 “Minimum Safe Altitudes...“Over congested areas” and “Over other than

congested areas”:

As stated in the operational limitations above, the petitioner will ensure an equivalent level of

safety by operating its UAS no closer than 500 feet from nonparticipant persons, vessels,

vehicles or structures, unless permission is given by these persons or owners that such flights

are permitted. Due to the light weight, small size, low airspeeds and lack of flammable

materials on board the UA, no unsatisfactory residual risk exists for such operations. Should

the petitioner require to operate at distances less than the limitations expressed in the rule,

the petitioner will obtain the permission of these persons, vehicle or vessel owner/operators,

and structures’ owners or authority.

i. 14 CFR Part 91.121 ”Altimeter settings”:
The UAS for which the petitioner is requesting exemption use barometric altimeters. The

petitioner requests exemption from the statute and will achieve an equivalent level of safety

through effective operation of these UAS’ GPS altitude reporting capabilities.

j. 14 CFR Part 91.151 (a) “Fuel requirements for flights in VFR conditions”:

The UAS for which the petitioner is requesting exemption have the ability to retain 30 minutes

of fuel reserve. Both are battery powered and have battery power level monitoring capability.

The petitioner will achieve an equivalent level of safety through battery health monitoring,

ensuring that missions are terminated with sufficient battery power remaining to return to

the takeoff point.

k. 14 CFR Part 91.203 (a) & (b) “Civil aircraft: Certifications required”:

The petitioner has not applied for an Airworthiness Certificate for these UAS, nor is it practical

to carry additional documentation (e.g. FAA Registration, FCC license) aboard the UA. Thus,

the petitioner requests exemption from the statute and, as applicable, the petitioner will

achieve an equivalent level of safety by ensuring that all documentation (except Airworthiness

Certificates) required to be carried aboard the aircraft will instead be co-located with the PIC,

and available for examination by any FAA or law enforcement official.

l. 14 CFR Part 91.405 (a) “Maintenance required”:

The UAS for which the petitioner requests exemption will possess Airworthiness Certificates

nor will they be maintained per 14 CFR Part 43. However, the petitioner will ensure that these

UAS are inspected and maintained per the manufacturer's’ operations/maintenance manuals

to ensure an equivalent level of safety, and maintain a level of material condition sufficient to

ensure continued safe operations after performance of inspections and maintenance actions.

All inspections and maintenance actions performed on the petitioner UAS will be annotated in

the UAS maintenance logbooks.

m. 14 CFR Part 91.407 (a) “Operation after maintenance, preventive maintenance, rebuilding, or

alteration”:

The UAS for which the petitioner requests exemption will possess Airworthiness Certificates

nor will they be maintained per 14 CFR Part 43. However the petitioner will ensure that the

aircraft are returned to a safely operable material condition to ensure an equivalent level of

safety after completion of all inspections and maintenance actions, by performing all return to

service requirements indicated in the manufacturer's’ maintenance manuals.

n. 14 CFR Part 91. 91.409 (a) (1) & (2) “Inspections”:

The UAS for which the petitioner requests exemption will possess Airworthiness Certificates

nor will they be maintained per 14 CFR Part 43. However the petitioner will ensure an

equivalent of safety by performing all scheduled and special inspections per the
manufacturer's’ maintenance manuals. All inspections and maintenance actions performed on

the petitioner UAS will be annotated in the UAS maintenance logbooks.

o. 14 CFR Part 91.417 (a) & (b) “Maintenance records”:

The UAS for which the petitioner requests exemption will possess Airworthiness Certificates

nor will they be maintained per 14 CFR Part 43. However the petitioner will ensure an

equivalent level of safety by maintaining UAS maintenance logbooks which capture inspection

and maintenance data similar to that required in 14 CFR Part 91.417 (a) (1) and (2).

9. Public Interest, or, How This Exemption Benefits the Public as a Whole:

The petitioner is submitting this application for exemption to support the Public good. All

operations will generally be conducted in the interest of developing the capability of the

commercial UAS industry and improving the safety of its operation. Additionally, the use of UAS

for the purposes proposed is less intrusive, less environmentally impactful and at an equivalent, if

not greater, level of safety to any manned alternative.

10. Privacy:

The petitioner will comply with all Federal, state and local regulations pertaining to the privacy of

the general public. Additionally, all photography and filming will be of people who have consented

to be photographed and/or filmed or otherwise have agreed to be in the area where photography

and/or filming will take place. The approval of this Petition for Exemption request will provide

improved safety in both day and night operations.

11. Summary For Publish in the Federal Register, If Necessary:

Petitioner seeks an exemption from the following rules: 14 CFR Part 21, Subpart H; 14 CFR.

45.23(b); 14 CFR 61.101 (e) and 61.113 (a) & (b); 14 CFR 91.7 (a); 14 CFR 91.9 (b) (2); 14 CFR

91.103 (b) (1) & (2; 14 CFR 91.10; 14 CFR 91.109; 14 CFR 91.119; 14 CFR 91.121; 14 CFR 91.151 (a);

14 CFR 91.203 (a) & (b); 14 CFR 91.405 (a); 14 CFR 91.407 (a) (1); 14 CFR 91.409 (a) (2); 14 CFR

91.417 (a) & (b) for the purpose of aerial photography and videography, sensing, photogrammetry

and 3D mapping, precision agriculture, data collection, research and development,

communications services (Wi-fi hotspot, FM radio transmission, VHF radio repeater, cellular),

inspections for the energy, infrastructure, ranching, and construction industries, public entity

support operations and airborne emergency services.

12. Point of Contact:

We are pleased to submit this petition for Section 333 Exemption. Should any clarification or

additional information be required in support of this petition, please contact:

Fly Commercially, LLC

Attn: Michael Hobson

22828 SW Forest Creek Dr.
Unit 201

Sherwood, OR 97140

Michael@flycommercially.info

541-297-0706