Hempstead Plains Aviation, Inc. 118 Roxbury Rd Garden City, NY, 11530-2624 (516) 384-3017 jtrecordl@me.com

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

US Department ofTransportation FederalAviation Administration 800 Independence Ave. SW**_Washin~ton!** DC. __20591

Dear Sir or Madam: 1_)..) •

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Pursuantto Section 333 ofthe FAA Modernization and Reform Act of2012 (the Reform Act) and CFR Part 

### 11 Hempstead Plains Aviation, owner and operator ofSmall 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 bythe FAA, as long as such operations are conducted within and underthe conditions outlined herein or as maybe established by the FAA as required by Section 333.
Hempstead Plains Aviation, Inc is owned byJames Record and Thomas Daly. UAS operators will includeJames 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 

### & PMechanic with lA authorization. All operations will be performed with the public's safety and right to privacy safeguarded atall times.

As described below, the requested exception would permitthe operation of light (less than 55 lbs. total takeoffweight) UAS's under controlled conditions for commercial use by a certified commercial pilotthereby enhancing safety and fulfillingthe Secretary of Transportation's (the FAA Administrator's) responsibility to "establish requirements for safe operation ofsuch 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 capabilityto 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 operatewithin the visual line ofsight(VLOS)

1within 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 ofthe National Airspace Systemi public nor the environment.
Hempstead Plains Aviation respectfully requests the grant ofan exception tothe following specific sections ofthe Title 14 Code of Federal Regulations allowing itto operate lightweight UASs for commercial use,

14 CFR 21, subpart H, 14 CFR 45.23 (b) 14CFR 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 submitsthis application in accordance with the Refcorm ,L\ct,**.c.-~--** 

## .1I2P.C95'33l.:.334;seekingreffeffrom any curtently applicable-FAR's-operating**to---~------~-** 

# --·-.**-~** prevent Hempstead Plains Aviation future commercial use ofsmall UAS's to operate in the National Airspace System as described below. The Reform Act section 332 provides for such integration ofcivil unmanned aircraft into our National Airspace Systemas it is in the public's interestto do so. Hempstead Plains Aviation UAS's meetthe definition of "small unmanned aircraft" as defined in Section 331 and therefore the Reform Act expressly contemplates the integration ofthese UAS's. Hempstead Plains Aviation would like to operate its light UAS's priorto the time period bywhich the Reform Act requires the FAA to promulgate rules governing such aircraft.·

The Reform Act directs the Secretary ofTransportation to consider whether certain unmanned aircraft systems may operate safely in National Airspace System before completion ofthe rule making required under Section 332 ofthe Reform Act. In making this determination, the Secretary ofTransportation is required to determine which UAS's do create a hazard to users ofthe National Airspace System orthe public or pose a threat to national security in light ofthe following:

The UAS's size, speed, weight and operational capability
Operation ofthe UAS's in close proximityto airports and populated areas
Operation ofthe UAS's within visual.line ofsight (VLOS) ofthe operator

Reform Act 333(a). Ifthe secretarydeterminesthat such vehicles "mayoperate safely in National Airspace System, the secretary shall establish requirements forthe safe operation in National Airspace System.
Hempstead Plains Aviation UAS's are rotorcraft weighing less than SSibs., they operate atspeeds less than 50 knots and have the capability to operate in the vertical and horizontal plane simultaneously. The UAS's will operate onlywithin the visual line of sight (VLOS) ofthe operator within a protected flight area and at 200 feet AGL or less.

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These will not present a hazard to the National Airspace System northe public. The very small nature ofthese UAS's combined with the safeguards presented below, will allow forthe safe operation greaterthan that envisioned by Congress for the FAA to establish and by exemption allow commercial operations of UAS's to commence immediately. Also due tothe size of UAS'sand the areas and altitudes theywill operate approval of this exception presents no national security issues and absolutely minimal safety
concerns which have beenmitigated through our rigorous risk management process. Given the clear direction given in Section 333 ofthe Reform Act, the authority contained in the Federal Aviation Act, as amended, the strong equivalent level ofenhanced safety, reduced emissions utilizing UAS's verses traditional aircraft as well as the economic impact ofgreatly reducing the cost ofaerial photographythereby benefitingthe 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 thevisual line ofsight (VLOS) ofthe 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 ofoperator (PIC) and avisual observer and/or camera operator (VO). 7. Prior to each flight, the PIC will conduct a pre-flight inspection and determine thatthe 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. Ifthe inspection reveals a condition that affects the safe operation ofthe UAS, the aircraft is prohibited from operating untilthe 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 duringthe flight operation, 9. The UAS operator will perform a check ofthe flight area and make certain ofthe safety ofall persons in the area. 10. Consent will be obtained from all persons within the video capabilities ofthe unitsto further reduce the chance ofviolating 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 automaticallyto the operator in a safe
mannerwith the auto return function checked and working. 13. When operated in conjunction with vessels over water, a chase boat will be assigned to operatethe UAS's at a safe distance from the main boat. 14. UAS's have afunction on the controllertotell operatorthe distance away from the



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operator and its battery power remaining. 15. Flight team will communicate by voice and the use oftwo-way radio ifthe area is too large to hear voice from all team members. 16. UAS's will be used to photograph and/orvideo private outings and functions, real ·· estate, automobile racing, boating,jetskiing, kayaking, fishingtrips and sporting events from asafe distance. 17. When operating over or nearwatertheUAS's will be equipped with .flotation devices so thatrecovery can be made as to prevent lithium battery exposure to the watertable.

14 CFR part 21 Subpart H: Airworthiness Certificate 14 CFR 91.7(a), 91.203(a}(1) Subpart H, entitledAirworthiness 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 permitsexceptionfrom**~**..**>~ ~**  · Part 21 because they meet an equivalent level ofsafety pursuant to Section 333 ofthe 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 ofthe Reform Act. Both pieces of legislation permitthe FAA to exempt UAS's from airworthiness certificates in consideration ofweight, size, speed, maneuverability and proximityto
areas such as airports and dense populations. Hempstead Plains Aviation, meets or exceeds ·each ofthese elements

As of March 23, 2015 the FAA has stated that itwill automatically granta "blanket" COA for flights at or under400AGL to any UAS operatorwith 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. Underthe new policy, the FAA will grant a Certificate of Waiver orAuthorization (COA) forflights at or below.200 feet to any UAS operatorwith
a Section 333 exemption for aircraftthat weigh less than 55 pounds, operate during daytimeVisual Flight Rules (VFR) conditions, operate within visual line ofsight (VLOS) of**·-the~pitots~---** 

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14 CFR 91.203: (a)&(b) provides for carrying ofcivil aircraft certifications and registrations. These are inapplicable for the same reasons stated above.

14CFR91.7 (a) prohibitsthe operation ofan·aircraft without an airworthiness certificate. As no such certificate will be applicable in the form contemplated by FAR's, this regulation is inapplicable.

14CFR 91.9(b)(2) Civil Aircraft Flight Manual in Aircraft- 14 CFR 91.9(b){2) requires an aircraftflight 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



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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 ofcivil 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 ofany persons not essential for these operations. Flights will only be over private propertythatthe owner has consented and all persons within this video area also give consent for thisfilming. 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 afar smaller risk to the public.
Approval ofthese 333 Exemptions allowing commercial operations ofsmall UAS'sin the service of aerial photographywill 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 ofsmall UAS's of55 lbs. or less, battery operated and flying below 200 feet AGL the risk of injury ofpeople on the ground orthe crew has been reduced or almost erased. The granting ofthe use ofthese small UAS's by Hempstead Plains Aviation, will give the people another avenue to express themselves and to have a photographic and/orvideo 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 offree enterprise and the enjoyment ofthe masses.
Hempstead Plains Aviation has in the past, and plans in the future to train, promote safe -operation and safe flightoperatlon"STo 

### all p11ots 

### ofunmanned-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 authorityto issue the exemption sought by Hempstead Plains Aviation pursuant to the Federal Aviation Act, 85 P.L. 726 (1958) as amended (the ACT).

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Sincerely,

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

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

jHempstead 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 ofcivil 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 ofany persons not essential for these operations. Flights will only be over private propertythatthe 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 afar smaller risk to the public.
Approval ofthese 333 Exemptions allowing commercial operations ofsmall UAS's in the service ofaerial 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 ofsmall UAS's of55 lbs. or less, battery operated and flying below 200 feet AGL the risk of injury of people on the ground orthe crew has been reduced or almost erased. The granting ofthe use ofthese small UAS's by Hempstead Plains Aviation, will give the people another avenue to express themselves and to have a photographic and/orvideo record to share with family and friends forever.
Granting Hempstead Plains Aviation the above exemption will allow forthe expansion of UAS systems intothe future for the safe conduct offree enterprise and the enjoyment ofthe masses.
Hempstead Plains Aviation has in the past, and plans in the future to train, promote safe operation and safe flight operations toall pilots of linmanned aircraftin 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 authorityto issue the exemption sought by Hempstead Plains Aviation pursuant to the Federal Aviation Act, 85 P.l. 726 (1958) as amended (the ACT).

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Sincerely,

# ~~b~ Thomas G. Daly Hempstead Plains Aviation, Inc.

Submitted electronically 

### 10/18/151 Comment TrackingNumber: ljz-81rc-u3pv

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