Hempstead Plains Aviation 118 Roxbury Rd Garden City, NY, 11530

- 2624 (516) 384

- 3017 jtrecord1@me.com

US Department of Transportation Federal Aviation Administration 800 Independence Ave SW Washington , DC 20591
Dear Sir or Madam:
Pursuant to Section 333 of the FAA Modernization and Reform Act of 2012 (the Reform Act) and CFR Part 11 Hempstead Plains Aviation , owner and operator of Small Unmanned Aircraft Systems (UAS’ s), request to be exempted from the Federal Aviation Regulations (FAR) listed below so that Hempstead Plains Aviation may operate UAS’ s commercially i n airspace regulated by the FAA, as long as such operations are conducted within and under the conditions outlined herein or as maybe established by the FAA as required by Section 333. Hempstead Plains Aviation , Inc is owned by James Record and Thomas Daly

. UAS operators will include James Record , Thomas Daly and Clifford Daly

. All are still and video camera operators and experienced Drone pilots. Al l have New York State Drivers licenses and FAA Commercial Pilot licenses, are current aircraft PIC’s and possess current FAA Second C lass Airman Medical Certificates

. In addition, Thomas G. Daly is an FAA A & P Mechanic with IA authorization. All operations will be performed with the public’s safety and right to privacy safeguarded at all times. As described below, the requested exception would permit the operation of light (less than 55 lbs. total takeoff weight) UAS’s under controlled conditions for commercial use by a certified commercial pilot thereby enhancing safety and fulfilling the Secretary of Transportation’s (the FAA Admi nistrator’s) responsibility to ” establish requirements for safe operation of such aircraft systems in National Airspace System .” Section 333(c), of the Reform Act. Hempstead Plains Aviation UAS’s are rotorcraft weighing less than 55 pounds including payload, (The DJI Phantom 3 Quad Copter and DJI Inspire 1 Quad Copter) they operate at a speed less than 50 knots and have the capability to hover and move in the vertical and horizontal plane simultaneously. Both have an auto return to launch point when battery power is under 25%. The UAS’ s will operat e within the visual line of sight (VLOS) with in a protected flight area as described below and at 2 00 feet AGL or less with anobserver located close at hand as to make voice communication possible. These

operations will not create a hazard to users of the National Airspace System , public nor the environment.
Hemp stead Plains Aviation respectfully requests the grant of an exception to the following specific sections of the Title 14 Code of Federal R egulations allowing it to operate lightweight UASs for commercial use, 14 CFR 21, subpart H, 14 CFR 45.23 (b) 14 CFR 91.7 (a), 91.9 (b) (2) 91.103 (b), 91.109, 91.119, 91.121,91.151,(a), 91.203(a) &(b),91.405(a),91.407(a)(1), 91.409(a)&(b). Hempstead Plains Aviation submits this application in accordance with the Reform Act, 112 P.L. 95 331

- 334, seeking relief from any currently applicable FAR’s operating to prevent Hempstead Plains Aviation future commercial use of small UAS’s to operate in the National Airspace System as described below. The R eform Act section 332 provides for such integration of civil unmanned aircraft into our National Airspace System as it is in the public’s interest to do so. Hempstead Plains Aviation UAS’s meet the definition of “small unmanned aircraft” as defined in Section 331 and therefore the Reform Act expressly contemplates the integration of these UAS’s

. Hempstead Plains Aviation would like to operate its light UAS’s prior to the time period by which the Reform Act requires the FAA to promulgate rules governing such aircraft. The Reform Act directs the Secretary of Transportation to consider whether certain unmanned aircraft systems may operate safely in National Airspace System before completion of the rule making req uired under Section 332 of the R eform Act. In making this determination, the Secretary of Transportation is required to determine which UAS’s do create a hazard to users of the National Airspace System or the public or pose a threat to national security in light of the following:
The UAS’s size, speed, weight an d operational capability Operation of the UAS’s in close proximity to airports and populated areas Operation of the UAS’s within visual line of sight (VLOS) of the operator Reform Act 333(a). If the secretary determines that such vehicles “may operate s afely in National Airspace System , the secretary shall establish requirements for the safe operation in National Airspace System

. Hempstead Plains Aviation UAS’s are rotorcraft weighing less than 55 lbs., they operate at speeds less than 50 knots and have the capability to operate in the vertical and horizontal plane simultaneously. The UAS’s will operate only within the visual line of sight (VLOS) of the operator within a protected flight area and at 2 00 feet AGL or less. These will not present a hazard t o the National Airspace System nor the public. The verysmall nature of these UAS’s combined with t he safeguards presented below, will allow

for the safe operation greater than that envisioned by Congress for the FAA to establish and by exemption allow commercial operations of UAS’s to commence immediately. Also due to the size of UAS’s and the areas and altitudes they will operate approval of this exception presents no national security issues and absolutely minimal safety concerns which have been mitigated through our rigorous risk management process. Given the clear direction given in Section 333 of the Reform Act, the authority contained in the Federal Aviation Act, as amended, the strong equivalent level of enhanced s afety, reduced emissions utilizing UAS’s verses traditional aircraft as well as the economic impact of greatly reducing the cost of aerial photography thereby benefiting the greater public’s interest. Accordingly, the applicant requests that the FAA grant the requested exemption without delay. The following will be considered as the binding limitation s on operations of Hempstead Plains Aviation : 1. Flights will only occur in VFR conditions. 2. Flights will be operated in the visual line of sight (VLOS) of the operator ( PIC) and Visual Observer (VO) 3. Flights will be terminated at any time weather and wind deteriorate to “unsafe for flight” by manufacturers recommendations, 4. The UAS’s will weigh less than 55 lbs., 5. Flights will be operated at 2 00 feet AGL or less. 6. Crew will be at a minimum of operator (PIC) and a visual observer and/or camera operator (VO). 7. Prior to each flight, the PIC w i ll conduct a pre

-flig ht inspection and determine that the UAS is in a condition for safe flight. The pre

-flight inspection will 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 p rohibited from operating until the necessary maintenance has been performed and the UAS is found to be in a condition for safe flight. 8 . Operator and crew will remain in contact during the flight operation, 9 . The UAS operator will perform a check of the flight area and make certain of the sa fety of all persons in the area. 10 . Consent will be obtained from all persons with in the video capabilities of the units to further reduce the chance of violating anyone’s privacy. 11 . All required FAA clearances, wi ll be obtained and d istances from airports strictly observed. 12 . All UAS’s will have the capability to return automatically to the operator in a safe manner with the auto return function checked and working. 13 . When operated in conjunction with vessels over water, a chase boat will be assigned to operate the UAS’s at a safe distance from the main boat. 14

. UAS’s have a function on the contro l l er to tell operator the distance away from the operator and its battery power remaining.15 . Flight team will communicate by voice and the use of two-way radio if the area is

too large to hear voice from all team members. 16

. UAS’s will be used to photograph and/or video private outings and functio ns, real estate, a utomobile racing, boating, jet skiing, kayaking, fishing trips and sporting events from a safe distance. 17 . When operating over or near water the UAS’s will be equipped with flotation devices so that recovery can be made as to prevent lithiu m battery exposure to the water table. 14 CFR part 21 Subpart H: Airworthiness Certificate 14 CFR 91.7(a), 91.203(a)(1) Subpart H, entitled Airworthiness Certificates, sets forth requirements for procurement of necessary certificates in relation to FAR 91.203(a)(1). The size, weight and defined area of operations for Hempstead Plains Aviation UAS’ s flights permits exception from Part 21 because they meet an equivalent level of safety pursuant to Section 333 of the Reform Act. The FAA is authorized to exempt aircraft from the airworthiness certificate requirement und er both the Act (49 USC 4470(f) and Section 333 of the Reform Act. Both pieces of legislation permit the FAA to exempt UAS’ s from airworthiness certificates in consideration of weight, size, speed, maneuverability and proximity to areas such as airports and dense populations. Hempstead Plains Aviation , meets or exceeds each of these elements As of March 23, 2015 the FAA has stated that it will automatically grant a “blanket” COA for flights at or under 400 AGL to any U AS operator with a section 333 exemption. The Federal Aviation Administration has established an interim policy to speed up airspace authorizations for certain commercial unmanned aircraft (UAS) operators who obtain Section 333 exemptions. Under the new policy, the FAA will grant a Certificate of Waiver or Authorization (COA) for flights at or below 200 feet to any UAS operator with a Section 333 exemption for aircraft that weigh less than 55 pounds, operate during daytime Visual Flight Rules (VFR) condit ions, operate within visual line of sight (VLOS) of the pilots

. 14 CFR 91.203 : (a )& ( b) provides for carrying of civil aircraft certifications and registrations. These are inapplicable for the same reasons stated above. 14CFR91.7 (a) prohibits the operat ion of an aircraft without an airworthiness certificate. As no such certificate will be applicable in the form contemplated by FAR’s, this regulation is inapplicable. 14 CFR 91.9(b)(2) Civil Aircraft Flight Manual in Aircraft

- 14 CFR 91.9(b)(2) requires an aircraft flight manual in the aircraft. As there are no pilots or passengers, and given the size of the UAS’s this regulation is inapplicable. An equivalent level of safety will be achieved by maintaining such certifications and registrations at Hempste ad Plains Aviation offices

.The FAA has previously issued exemptions to this regulation in Exemptions No’s 8607,

8737, 8738, 9299, 9299A, 9565, 9565B, 10167, 10167A, 10602, 10700, and 32827. 14 CFR 91.119 Minimum safe altitudes, prescribes safe altitudes for operation of civil aircraft. It allows helicopters to be operated at lower altitudes in certain conditions. Hempstead Plains Aviation will onl y operate its UAS’s at or below 2 00 AG L. They will be operated on a well

- defined AOR that has been carefully reviewed for hazards and minimizes the presence of any persons not essential for these operations. Flights will only be over private property that the owner has consented and all persons within this video area also give consen t for this filming. Compared to flight operations of conventional and traditional aircraft or rotorcraft weighing far more than 50 lbs., operating below 500 AGL with flammable fuel UAS’ s operations present a far smaller risk to the public. Approval of the se 333 Exemptions allowing commercial operations of small UAS’s in the service of aerial photography will greatly enhance safety by reducing the overall risk associated with traditional aircraft. Traditional aerial photography requires large aircraft with flammable fuel to fly in close proximity of populated areas and people in general. With the use of small UAS’s of 55 lbs. or less, battery operated and flying below 2 00 feet AGL the risk of injury of people on the ground or the crew has been reduced or alm ost erased. The granting of the use of these small UAS’s by Hempstead Plains Aviation , will give the people another avenue to express themselves and to have a photographic and/or video record to share with family and friends forever. Granting Hempstead Plains Aviation the above exemption will allow for the expansion of UAS systems into the future for the safe conduct of free enterprise and the enjoyment of the masses. Hempstead Plains Aviation h as in the past, and plans in the future to train, promote s afe operation and safe flight operations to all pilots of unmanned aircraft in this category private and commercial, and will support law enforcement agencies and local FAA officials in apprehending safety violators. Hempstead Plains Aviation , respectfull y requests the FAA grant its exception without delay. The FAA has the authority to issue the exemption sought by Hempstead Plains Aviation pursuant to the Federal Aviation Act, 85 P.L. 726 (1958) as amended (the ACT).

Sincerely,

James T

. Record, Thomas G. Daly Hempstead Plains Aviation , Inc.