Hempstead Plains Aviation, Inc. 

118 Roxbury Rd 

Garden City, NY, 11530-2624 

(516) 384-3017 

jtrecordl@me.com 

Submitted electronically 10/18/15, Comment Tracking Number: ljz-81rc-u3pv 

US Department of Transportation 

Federal Aviation Administration 

800 Independence Ave. SW 

_Washin~ton! DC. __20591 

Dear Sir or Madam: 

1_)..) 

• ___ c;::.::,._ ___ ·~. ··~-·-···-

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 in 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. All have New York State Drivers 

licenses and FAA Commercial Pilot licenses, are current aircraft PIC's and possess 

current FAA Second Class Airman Medical Certificates. In addition, Thomas G. Daly is an 

FAA A & P Mechanic with lA 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 Administrator'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 OJI 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 operate within the visual line of sight(VLOS) 

1 
within a protected flight area as described below and at 200 feet AGL or less with an 

observer located close at hand as to make voice communication possible. These 

operations will not create a hazard to users of the National Airspace Systemi public nor 

the environment. 

Hempstead Plains Aviation respectfully requests the grant of an exception to the 

following specific sections of the Title 14 Code of Federal Regulations 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),91.40S(a),91.407(a)(l), 91.409(a)&(b). 

~ Hempstead Plains Aviation submits this application in accordance with the Refcorm ,L\ct, 

.c.-~-- .1I2P.C95'33l.:.334; seekingreffef from any curtently 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 Reform 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 required under Section 332 of the Reform 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 and operational capability 

Operation ofthe 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 safely 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 SSibs., 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 200 feet AGL or less. 
These will not present a hazard to the National Airspace System nor the public. The very 

small nature of these UAS's combined with the 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 safety, 

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 grantthe requested 

exemption without delay. '",.,.,~,-· ----"""" -·"-A-·"~--"''~-~-----,,·><~<.-•- '"~~---·· .. ~ . ........,_..,.~ '">•''"' 

The following will be considered as the binding limitations 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 SSibs., 

5. Flights will be operated at 200 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 will conduct a pre-flight 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 prohibited 

from operating until the necessary maintenance has been performed and the UAS is 

found to be in a condition fors-afe-fllght. 

8. Operator and crew will remain in contact during the flight operation, 

9. The UAS operator will perform a check ofthe flight area and make certain of the 

safety of all persons in the area. 

10. Consent will be obtained from all persons within the video capabilities of the units to 

further reduce the chance of violating anyone's privacy. 

11. All required FAA clearances, will be obtained and distances 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 controller 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 functions, real ·· 

estate, automobile 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 lithium 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 

ofnece~sary certificates in relation to FAR 91.203(a)(1). The. siz.e, weight and defined · 

-~--=--~~c-are'a ·oroperatfons forRempsteai:fPtainsAviation--UAsj s flights permitsexception 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 under 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 UAS 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) conditions, operate within visual line of sight (VLOS) of ·-the~pitots~---.... -. ···~··.~~-. --- -- ---,,--- .- ~-·- ---·-· ---- --'c--.. ·--- - -· ----·-.. --.. · .. ,·.>·-·-- ·--- -.--.. --

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 operation 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 ofthe UAS's this regulation is inapplicable. An equivalent level of 

safety will be achieved by maintaining such certifications and registrations at 
Hempstead Plains Aviation offices. 

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

8737,8738,9299,9299A,9565,956SB,l0167,10167A,l0602,10700,and32827. 

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 only operate its UAS's at or below 200 AGL. 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 consent for this filming. Compared to flight operations of 

conventional and traditional aircraft or rotorcraft weighing far mpre than_?QJbs~, 

operatingbelow SOO,AGLwith flammable fuel UAS's operations pre~ent a far smaller 

risk to the public. 

Approval of these 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 200 feet 

AGL the risk of injury of people on the ground or the crew has been reduced or almost 

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 has in the past, and plans in the future to train, promote safe 

-operation and safe flightoperatlon"STo all p11ots of unmanned-atrtraft in this category 

private and commercial, and will support law enforcement agencies and local FAA 

officials in apprehending safety violators. 

Hempstead Plains Aviation, respectfully 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. 

Submitted electronically 10/18/15, Comment Tracking Number: 1jz-81rc-u3pv 

j 
Hempstead 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,and32827. 

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 only operate its UAS's at or below 200 AGL. 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 consent for this filming. Compared to flight operations of 

,<:ony~ntionaland traditional aircraft or rotorcraft weighing far more thanSO lbs., 

operating below 500 AGL with flammable fuel UAS's operations present a far smaller 

risk to the public. 

Approval of these 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 200 feet 

AGL the risk of injury of people on the ground or the crew has been reduced or almost 

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 has in the past, and plans in the future to train, promote safe 

operation and safe flight operations to all pilots of lin manned aircraft in this category · 

private and commercial, and will support law enforcement agencies and local FAA 

officials in apprehending safety violators. 

Hempstead Plains Aviation, respectfully 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, 

~~b~ Thomas G. Daly 

Hempstead Plains Aviation, Inc. 

Submitted electronically 10/18/151 Comment Tracking Number: ljz-81rc-u3pv 

--- - - ''·~ 

........ ________________ __