### FafinskiMark&

### Johnson

May 7, 2015

U.S. Department ofTransportation DocketManagement System 1200NewJerseyAve., SE Washington, DC 20590 FafinskiMark & Johnson, P.A. AttorneysAtLaw

. . Flagship Corporate Center 775 Pniirie CenterDrive, Suite400, Eden Prairie, MN 55344 Telephonei 952.,99/?

.. 9500 Facsimile: 952.995.9577 Website: www.fmjlaw.com i**~** ;**~** . : ! j

RE: Exemption Request- Section 333 oftheFAAReformAct andPart 11 oftheFederal Aviation Regulations from 14 C.F.R. 45.23(b); 14 CFR Part 21; 14 CFR 61.113 (a) & (b); 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) (1) & (2); 91.417 (a) & (b). Dear Sir orMadam: Pursuantto Section 333 oftheFAAModernization and Reform Act of2012, Pub. L. No. 112-95, 126 Stat. 11 (amending 49 U.S.C.) (hereinafter, the "Reform Act") and 14 C.F.R. Part 11, Hendrix Consulting Group, LLC, operator of small unmanned aircraft systems (singularly a "sUAS" or cumulatively "sUASs") equipped to conduct professional aerial photography and inspection services, hereby applies for an exemption from the listed Federal Aviation Regulations ("FARs") to allow commercial operation ofits sUASs, so long as such operations are conducted within and under the conditions outlined herein or as may be established by the FAA as requiredby Section 333 oftheReformAct. As described more fully below, the requested exemption would permit the operation of small, unmanned sUAS under controlled conditions in airspace that (i) is limited, (ii) is predetermined, (iii) is controlled as to access, and (iv) would provide safety enhancements to the already safe operations in the aerial photography and inspection industry presently using conventional aircraft. Approval ofthis exemption would thereby enhance safety and fulfill the Secretary of Transportation's responsibilities to "

... establish requirements for the safe operation of such aircraft systems inthe national airspace system." ReformAct§ 333 (c). The name and address ofthe applicantis: Hendrix Consulting Group, LLC ("HCG") Attention: DanHendrix 7651 AnagramDrive Eden Prairie, MN 55344 Telephone: (888) 329-2121 Email: dan.hendrix@hendrixcg.com,i /i The principal ofthe Applicant is Daniel D. Hendrix, an Airline Transport Pilot, with a current FAA Class IMedical, withno waivers, and is apilot for a major 121 carrier, with no accident or incident history, and 13,400 flight hours at present who will oversee all operations conducted withthe sUASs (Daniel D. Hendrix collectively with HCG, the "Applicant").

The Applicantherebyrequests exemptionfrom the following FARs: 14 CPRPart21 14 C.P.R. 45.23(b) 14 CPR 61.113 (a) & (b) 14 C.P.R. 91.7 (a) 14 CPR91.9 (b) (2) 14 C.P.R. 91.103 14 C.P.R. 91.109 14 C.F. R. 91.119 14 C.P.R. 91.121 14 CPR91.151 (a) 14 CPR91.203 (a) & (b) 14 CPR 91.405 (a) 14 CPR407 (a) (1) 14 CPR409 (a) (1) & (2) 14 CPR417 (a) & (b) This exemption application is expressly submitted to fulfill Congress' goal in passing Section 333(a) through (c) of the Reform Act. This law directs the Secretary of Transportation to consider whether certain unmanned aircraft systems ("UAS") may operate safely in the national airspace system ("NAS") before completion ofthe rulemaking required under Section 332 ofthe Reform Act. In making this determination, the Secretary of Transportation is required to determine whichtypes ofunmanned aircraft systems do not create a hazard to users ofthe NAS or the public orpose athreatto national security in light of(i) the UAS's size, weight, speed, and operational capability, (ii) operation ofthe UAS in close proximity to airports and populated areas, and (iii) operation ofthe UAS within visual line ofsight ofthe operator. Id. § 333 (b) (1). Lastly, ifthe Secretary ofTransportation determines that such vehicles "may operate safely in the national airspace system, the Secretary ofTransportation shall establish requirements for the safe operation ofsuch aircraftinthe national airspace system."!d. §333 (c) (underline added). 1 The Federal Aviation Act, 49 U.S.C. (the "Act") expressly grants the FAA the authority to issue exemptions. This statutory authority by its terms includes exempting "civil aircraft," as the term is defined under §40102 of the Act that includes sUASs from the requirement that all civil aircraftmusthave a current airworthiness certificate.

1The Applicant interprets this provision to place the duty on the Administrator to not only process applications for exemptions under Section 333 ofthe Reform Act, butfor the Administratorto craft conditions for the safe operation ofthe UAS, ifit shouldbe determined that the conditions set forth herein do not fulfill the statutoryrequirements for approval. 2The FAA Administrator may grant an exemption from a requirement ofa regulation prescribed under the Act ifthe Administrator finds the exemption inthe public interest. 49 U.S.C. § 44701 (f). See also 49 USC§ 44711 (a); 49 USC§ 44704; 14 CFR §91.203 (a) (1). HCG's sUASs are rotorcraft, weighing 55 or fewer lbs. including payload. They will operate, under normal conditions, at a speed ofno more than 50 knots. They will operate only in line of sight and will operate only within the airspace above property owned, leased, or otherwise controlled by HCG or its customers with permission from said customers prior to any operation of sUAS as described in the Safety Checklist, attached as Exhibit A (hereinafter, the Safety Checklist")? Such operations will ensure that the sUASs will, "not create a hazard to users of thenational airspace systemorthe public."ReformAct§ 333 (b). Given the small size of the sUASs involved, the total flight time of the Applicant, and the proposed diligence for safety ofpeople involvedwiththe operation as well as anybystanders,the Applicant falls squarely within that zone of safety (an equivalent level of safety) in which Congress envisionedthatthe FAAmust, byexemption, allow commercial operations ofUASsto commence immediately. Also due to the size of the sUASs and the Applicant's extensive piloting experience and current piloting history with no accident or incidents, approval ofthe application presents no national security issue. Given the clear direction in Section 333 ofthe Reform Act, the authority contained inthe Act, as amended; the strong equivalent level ofsafety surrounding the proposed operations, and the significant public benefit, including enhanced safety, reduction in environmental impacts, including reduced emissions associated with allowing UAS for aerial photography and inspection operations as opposed to full scale aircraft, the grant of the requested exemption is in the public interest. Accordingly, the Applicant respectfullyrequests thatthe FAAgranttherequested exemptionwithoutdelay. The Applicant proposes that the exemption requested herein apply to civil aircraft that have the characteristics andthat operate withthe limitations listedherein. These limitationsprovide for at least an equivalent or even higher level of safety to operations under the current regulatory structure because the proposed operations represent a safety enhancement to the already safe aerial photography and inspection operations conductedwithconventional aircraft. These limitations and conditions to whichHCG agrees to beboundwhen conducting commercial operations under anFAA issuedexemptioninclude: 1. Each sUAS will weighless than 55 lbs. 2. Flights will be operatedwithinline ofsightofthe PIC. 3. Maximum total flight time for each operational flight will be determinate on battery capacity. Current battery technology for the sUAS allows for 18 minute operations for the standard battery and 22 minutes for the extended life battery. Should battery technology increase operational flight times, flights will be terminated at 20% battery

2 Applicant submits this Safety Checklist as a confidential document under 14 C.F.R. 11.35 (b) as the entire safety checklist contains proprietary information that the Applicant has not and will not share with others. The safety checklist contains operating conditions and procedures that arenot available to the public and are protected from release undertheFreedom ofInformationAct, 5U.S.C. 552 etseq. 3powerreserve. Future batterytechnology will likely increase operational flight times, and as such, the maximum flight time will continue to increase. However, in any event, all operational flights will beterminated at 20% ofcapacityremaining. 4. Flights will be operated at an altitude ofno morethan400 feet AGL unless prior approval from Air Traffic Control is authorized and a Notice to Airmen (NOTAM) is filed and published. 5. Minimum crewfor each operationwill consist ofthe sUAS pilot and avisual observer. 6. The sUAS pilot will be an FAA licensed airman with at least a sport or recreational pilot'scertificate and Class III airmanmedical certificate. 7. The sUAS pilotwill be Pilotin Command 

### ("PIC"). Ifapilot certificate holder otherthan the sUAS pilot, who possesses the necessary PIC qualifications, is also present during operationsthatperson can also be designated as PIC. 8. The sUASs will only operate over property owned by, leased or otherwise controlled by HCG with permission from the relevant property holders and not over publicly occupied property as setforth inthe Safety Checklist. 9. A briefing between the sUAS pilot and observer will be conducted in regard to the planned sUAS operationspriorto each day's operations. 10. The Applicant will file a FAA Form 7711-1, or its equivalent, as modified in light ofthe requested exemption, withthe appropriate Flight StandardsDistrict Office 

### ("FSDO"). 11. The Applicant will submit a written Plan ofActivities to the FSDO three days before the proposed operations as required in Safety Checklist. 12. The sUAS pilot and observer will have been trained in operation ofsUASs generally and received up-to-date information on the particular sUAS to be operated as required in Safety Checklist. 13. The sUAS pilot and observer will at all times be able to communicate by voice and/or text. 14. Written and/or oral permissionfrom therelevantpropertyholders willbe obtained. 15. All required permissions and permits will be obtained from territorial, state, county or city jurisdictions, including local law enforcement, fire, or other appropriate governmental agencies. 16. If the sUASs lose communications or lose their GPS signal, the sUASs will have capabilityto returnto and land at apre-determined andpre-programmed location. 17. The sUASs will have the capability to abort a flight in case ofunpredicted obstacles or emergencies.

4I. 14 C.F.R. Part21, SubpartH: Airworthiness Certificates 14 C.F.R. §91.203 (a) (1) Subpart H, entitled Airworthiness Certificates, establishes the procedural requirements for the issuance ofairworthiness certificates as required by FAR§ 91.203 (a) (1). Given the size and limited operating area associated with the aircraft to be utilized by the Applicant, an exemption from Part 21 Subpart H meets the requirements ofan equivalentlevel ofsafety underPart 11 and Section 333 ofthe Reform Act. Section44701 (f) ofthe Act and Section 333 oftheReform Act both authorize the FAA to exempt aircraft from the requirement for an airworthiness certificate upon consideration ofthe size, weight, speed, operational capability, and proximity to airports and populated areas of the particular sUAS. In all cases, an analysis of these criteria demonstrates that the sUASs operated without an airworthiness certificate, in the restricted environment and under the conditions proposed herein will be at least as safe, or safer, than a conventional aircraft (fixed wing or rotorcraft) operating with an airworthiness certificate withoutthe restrictions and conditionsproposed. The sUASsto be operatedhereunder are less than 55 lbs. fully loaded, carries neither a pilotnor passenger, carries no explosive materials or flammable liquid fuels, and operates exclusively within a secured area as set out in the Safety Checklist. Unlike other civil aircraft, operations under this exemption will be tightly controlled and monitored by the Applicant pursuant to the Safety Checklist's requirements, and under the requirements and in compliance with local public safety requirements, to provide security for the area of operation as is now done with conventional aerial photography and inspections. The FAA will have advance notice of all operations. These safety enhancements provide a greater degree of safety to the public and property owners than conventional operations conducted with airworthiness certificates issued under 14 C.F.R. Part 21, Subpart H. Lastly, application ofthese same criteriademonstrates that there is no credible threat to national security posed by the sUAS, due to its size, speed of operation, location of operation, lack of explosive materials or flammable liquid fuels, and inabilityto carry a substantial external load. II. 14 C.F.R. § 45.23 (b). Marking ofthe Aircraft This regulationrequires: "When marks include only the Roman capital letter "N" and the registration number is displayed on limited, restricted or light-sport category aircraft or experimental or provisionally certificated aircraft, the operatormust also display onthat aircraftnear each entrance to the cabin, cockpit, or pilot station, in letters not less than 2 inches nor more than 6 inches high, the words "limited," "restricted," "light-sport," "experimental," or "provisional," as applicable." Eventhoughthe sUASs will have no airworthiness certificate, an exemption maybe needed as the sUASs will have no entrance to the cabin, cockpit or pilot station on which the word "Experimental" can be placed. Given the size of the sUASs, two-inch lettering will be impossible. The word "Experimental"will beplacedin avisible location onthe sUASs. The equivalent level of safety will be provided by having each sUAS marked in the visible location where the sUAS pilot, observer and others working with the sUAS will see the identification ofthe UAS as "Experimental." The FAA has issued the following exemptions to this regulation inExemptionsNos. 10700, 8738, 10167 and 10167A. 5In addition, the Applicant shall also ensure its sUASs are registered with the FAA and that the nationality marks relating to such sUASs are marked on the sUASs in a visible manner as pictured inthe examplebelow. III. 14 C.F.R. § 61.113 (a) & (b): Private Pilot Privileges and Limitations: Pilot in Command Sections 61.113 (a) & (b) limitprivate pilots to non-commercial operations. Because the sUASs will not carry a pilot or passengers, the proposed operations can achieve the equivalent level of safety of current operations by requiring the PICs operating the sUASs to have a sport or recreational pilot's license rather than a commercial pilot's license to operate this sUASs. Unlike a conventional aircraft that carries the pilot and passengers, the sUASs are remotelycontrolled with no living thing on board. The area ofoperation is controlled and restricted, and all flights are planned and coordinated in advance as set forth in the Safety Checklist. The level ofsafetyprovided bythe requirements included in the Safety Checklist exceeds thatprovidedby a single individual holding a commercialpilot's certificate operating a conventional aircraft. The risks associated with the operation of the sUASs are so diminished from the level of risk associated with commercial operations contemplated by Part 61 when drafted, that allowing operations ofthe sUASs as requested with a sport or recreational pilot as the PIC exceeds the presentlevel ofsafety achievedby 14 C.F.R. §61.113 (a) & (b). IV. 14 C.F.R. §91.7(a): Civil aircraft airworthiness The regulation requires that no person may operate a civil aircraft unless it is in airworthy condition. As there will be no airworthiness certificate issued for the aircraft, should this exemption be granted, no FAA regulatory standard will exist for determining airworthiness. Given the size of the aircraft and the requirements contained in the Safety Checklist for maintenance and use ofthe Safety Checklist prior to each flight, an equivalent level of safety will beprovided. V. 14 C.F.R. § 91.9 (b) (2): CivilAircraftFlightManualin the Aircraft Section 91.9 (b) (2) provides: "Nopersonmay operate a U.S.-registered civil aircraft

... (2) Forwhich anAirplane orRotorcraft FlightManual is notrequiredby §21.5 ofthis chapter, unless there is available in the aircraft a current approved airplane or Rotorcraft Flight Manual, approved manual material, markings, and placards, or any combination thereof." The sUASs, given their size and configuration have no ability or place to carry such a flight manual onthe aircraft, not onlybecause there is no pilot on board, butbecause there is no room orcapacityto carry such anitem onthe sUASs. The equivalent level of safety will be maintained by keeping the flight manual at the ground control pointto whichthe sUASs pilots flying the sUASs will have immediate access. The FAA

6has issuedthe following exemptionsto this regulation: ExemptionNos. 8607, 8737, 8738, 9299, 9299A, 9565, 9565B, 10167, 10167A, 10602, 32827, and 10700.

VI. 14 C.F.R. § 91.103: Preflight action This regulation requires each pilot in command to take certain actions before flight to insure the safety offlight. As FAA-approved rotorcraft flight manuals will not be provided for the aircraft an exemption will be needed. An equivalent level ofsafety will be provided as set forth in the Safety Checklist. The PIC will take all actions including reviewing weather, flight battery requirements, landing and takeoff distances and aircraft performance data before initiation of flight. VII. 14 C.F.R. § 91.109: Flightinstruction Section 91.109 provides that no person may operate a civil aircraft (except a manned free balloon) that is being used for flight instruction unless that aircraft has fully functioning dual controls. sUASs and remotely piloted aircraft, by their design do not have fully functional dual controls. Flight control is accomplished through the use of a control box that communicates with the aircraftviaradio communications. The FAAhas approved exemptions for flighttraining without fully functional dual controls for a number ofaircraft and for flight instruction in experimental aircraft. See ExemptionNos. 5778K & 9862A. The equivalent level ofsafety is providedbythe fact that neither a pilotnor passengers will be carried in the aircraft and by the size and speed of the aircraft. VIII. 14 C.F.R. § 91.119: Minimum safe altitudes Section 91.119 establishes safe altitudes for operation of civil aircraft. Section 91.119(d) allows helicopters, powered parachutes and weight-shift-control aircraft to be operated at less than the minimums prescribed because their low speed and responsive controls allow operations to be conducted, "without hazard to persons or property on the surface

...".As sUAS possess similarflight and control characteristics, and as the exemptionrequests authority to operate at altitudes up to 400 AGL, an exemption may be needed to allow such operations. As set forth herein, except for the limited conditions stated in the Safety Checklist, the sUASs will never operate at higher than 400 AGL. It will however be operated in a restricted area, where buildings and people will not be exposed to operations without their pre-obtained consent. The equivalent level of safety will be achieved given the size, weight, speed ofthe sUASs as well as the locations where they are operated. No flight will be taken withoutthe permission of the property owner or local officials. Because ofthe advance notice to the property owner, all affected individuals will be aware ofthe planned flight operations as set forth in the Safety Checklist. Compared to flight operations with aircraft or rotorcraft weighting far more than the maximum 55lbs. proposed herein and the lack offlammable fuel, any risk associated withthese operations is far less than those presently presented with conventional aircraft operating at or below 500 AGL in the aerial photography and inspection industry. In addition, the low-altitude 7operations of the sUASs will ensure separation between these sUAS operations and the operations ofconventional aircraftthat must comply with Section 91.119. IX. 14 C.F.R. § 91.121 Altimeter Settings This regulation requires each person operating an aircraft to maintain crmsmg altitude by reference to an altimeter that is set "

... to the elevation ofthe departure airport or an appropriate altimeter setting available before departure." As the sUASs may not have a barometric altimeter, but instead a GPS altitude read out, an exemption may be needed. An equivalent level ofsafety will be achieved by the operator, pursuant to the Safety Checklist, confirming the altitude ofthe launch site shownonthe GPS altitude indicatorbefore flight. X. 14 C.F.R. § 91.151 (a): Fuel Requirements for Flight in VFR Conditions Section 91.151 (a) prohibits an individual from beginning "a flight in an airplane under VFR conditions unless (considering wind and forecast weather conditions) there is enoughfuel to fly to the first point ofintended landing, and, assuming normal cruising speed

- (1) Duringthe day, to fly afterthat for atleast 30 minutes; or (2) Atnight,to fly afterthatfor atleast 45 minutes." The current battery technology powering sUASs is much more limited than that ofcombustion poweredflight. As such, the Applicant's sUASs cannotpresently and likely maynever meetthe reserve requirement in 14 CFR § 91.151. Given the limitations on the UAS's proposed flight area andthe location ofits proposed operations within a predetermined area, a longertimeframe for flight in daylight VFR conditions is reasonable. As no night flight will occur, that portion is inapplicable. Applicant believes that an exemption from 14 CFR § 91.151 (a) falls within the scope ofprior exemptions. See Exemption 1 0673 (allowing Lockheed Martin Corporation to operate without compliance with FAR 91.151 (a)). Operating the sUASs in a tightly controlled area where only people and property owners or official representatives who have signed waivers will be allowed, withless than 30 minutes ofreserve fuel, does not engenderthe type ofrisks that Section 91.151 (a) was intendedto alleviate giventhe size, speed and limitedoperating areaofthe sUASs. Applicantbelieves that an equivalent level ofsafety canbe achieved bylimiting flights based on expected battery life, currently 20 minutes, or 20% of battery power when future technology expands the battery life. This restriction would be more than adequate to return the sUASs to theirplannedlandingzone from anywhere inits limitedoperating area. Similar exemptions have been granted to other operations, including Exemptions 2689F, 5745, 10673, and 10808. XI. 14 C.F.R. § 91.203 (a) and (b): Carrying Civil Aircraft Certification and Registration The regulationprovides inpertinentpart: "(a) Except as provided in § 91.715, no person may operate a civil aircraft unless it has withinitthe following:

8(1) Anappropriate and current airworthiness certificate

... (b) No personmay operate a civil aircraft unless the airworthiness certificate required by paragraph (a) ofthis section or a special flight authorization issued under § 91.715 is displayed atthe cabinor cockpitentrance so thatitis legibleto passengers or crew." The sUASs fully loaded weigh no more than 55 lbs. and are operated without an onboard pilot. As such, there is no ability or place to carry certification and registration documents, or to displaythem onthe sUASs. An equivalent level ofsafety will be achieved by keeping these documents at the ground control pointwhere the sUASs pilots flying the sUASs will have immediate access to them; to the extent they are applicable to the sUASs. The FAA has issued numerous exemptions to this regulation. Arepresentative sample ofotherexemptions includes ExemptionNos. 9565, 9665, 9789, 9789A, 9797, 9797A, 9816A, and 10700. XII. 14 C.F.R. § 91.405 (a); 407 (a) (1); 409 (a) (1) & (2); 417 (a) & (b): Maintenance Inspections These regulations require that an aircraft operator or owner "shall have that aircraft inspected as prescribed in subpart E ofthis part and shall between required inspections, except as provided in paragraph (c) ofthis section, have discrepancies repaired as prescribed in part 43 ofthis chapter

...,"andothers shall inspect ormaintainthe aircraftincompliance withPart43. Given thatthese sections and Part 43 apply onlyto aircraft with an airworthiness certificate, these sections will not apply to the sUASs as proposed to be operated by the Applicant. Maintenance will be accomplished by the Applicant pursuant to the flight manual and operating handbook as referenced in the Safety Checklist. An equivalent level ofsafety will be achieved because these sUASs are very limited in size and will carry a small payload and operate only in restricted areas for limited periods oftime. Ifmechanical issues arise, the sUASs can land immediately and will be operating from no higher than 400 feet AGL. As provided for in the Safety Checklist, the Applicant will ensurethatthe sUAS is in working orderpriorto initiating flight, performrequired maintenance, and keep a log of any maintenance performed. Moreover, the Applicant is the person most familiar with the aircraft and best suited to maintain the aircraft in an airworthy conditionto providethe equivalent level ofsafety.

SUMMARY

Pursuantto 14 C.F.R. Part 11, the following summary is provided for publication in the Federal Register, shoulditbe determinedthatpublicationis needed: Applicant seeks an exemption from the following rules:

914 C.F.R. § 21, subpart H; 14 C.F.R 45.23 (b); 14 C.F.R. §§ 61.113 (a) & (b); 91.7 (a); 91.9 (b) (2); 91.103 (b); 91.109; 91.119; 91.121; 91.151 (a); 91.203 (a) and (b); 91.405 (a); 91.407 (a) (1); 91.409 (a) (2); 91.409 (a) (1) & (2) and 91.417 (a) & (b) to operate commercially small unmanned aircraft systems (55 lbs. orless) inaerial photography and inspectionoperations. Approval ofexemptions allowing commercial operations ofsUASs inthe aerial photography and inspection industry will enhance safety by reducing risk. Conventional aerial photography and inspection operations, usingjetorpistonpower aircraft, operate at extremely low altitudes and in extreme proximity to people and structures; and present the risks associated with vehicles that weigh in the neighborhood of4,000 lbs., carrying large amounts ofjet A or other fuel. Such aircraft must fly to and from the aerial photography or inspection location. In contrast, a sUASs weighing fewer than 55 lbs. and powered by batteries eliminates virtually all ofthat risk given the reduced mass and lack ofcombustible fuel carried on board. The sUASs are carried to the aerial photography or inspection site andnot flown. The sUASs will carryno passengers orcrew and, therefore, cannot and will not expose them to the risks associated with manned aircraft flights.

The operation ofsUASs, weighing less than 55 lbs., conducted in the strict conditions outlined above, will provide an equivalent level of safety supporting the grant of the exemptions requested herein, including exempting the Applicant from the requirements of Part 21 and allowing commercial operations. These lightweight aircraft operate at slow speeds, close to the ground, and in a sterile environment and, as a result, are far safer than conventional operations conducted with turbine helicopters or other manned aircraft operating in close proximity to the ground andpeople.

Satisfaction ofthe criteria provided in Section 333 ofthe Reform Act

- size, weight, speed, operating capabilities, proximity to airports and populated areas and operation within visual line of sight and national security

- provide more than adequate justification for the grant ofthe requested exemptions allowing commercial operation of Applicant's sUASs in the aerial photography and inspectionindustrypursuantto the Safety Checklist appendedhereto.

OnbehalfoftheApplicant, FAFINSKI MARK & JOHNSON, P.A.

# ~-/fC 

# lf Garrett B. Caffee, Esq.

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