U.S. Department of Transportation 

Docket Management System 

1200 New Jersey Ave., SE 

Washington, D.C. 20590 

July 1, 2015 

Re: Section 333 Exemption Request 

Dear Sir or Madam: 

FLYING LION 

Pursuant to Section 333 ofthe FAA Modernization and Reform Act of2012 (the "Reform Act"), 

Flying Lion, Inc. ("Petitioner") hereby applies for an exemption from the Federal Aviation 

Regulations ("FARs ")described in Section VII below, a Certificate of Waiver and Authorization 

("CO A'') and any other exemptions necessary to allow the Petitioner to operate the small Unmanned 

Aircraft Systems ("UAS") described in Section IV for commercial aerial data collection purposes, as 

more fully described in Section IX below. 

I. Background on Petitioner 

Petitioner is a provider of on-demand aerial assessment, imagery and illumination services to Law 

Enforcement and Emergency Services. The company's innovative use of a mobile command center 

for localized air support creates a unique solution for aerial support for public safety organizations 

with limited staff and budget. 

IT. Contact Information 

The contact information for Petitioner is set forth below: 

Barry J. Brennan, CEO 

Flying Lion, Inc. 

2514 Gates Ave. #B 

Redondo Beach, CA 90278 

http:/ lflyinglioninc.com/ 

www.flyinglioninc.com 2514 Gates Avenue #B, Redondo Beach, CA 90278 Tel: 310-722-1550 Email : bb@flyinglioninc.com 
III. Request for Exemption to Use UAS to Provide Aerial Support For Emergency Responders 

Petitioner proposes to use UAS under controlled conditions to provide aerial illumination, video data 

(both Hi-Def and FLIR) and Haz-Mat detection for public safety incidents or events. The data 

collection will be conducted to assist Public Safety agencies in providing aerial observation and 

assessment. The Petitioner also requests the right to utilize the UAS for other commercial purposes 

that require aerial data collection, (i.e. pre/post disaster imaging, and the status of fixed assets in the 

telecommunication and energy industries. In each case aerial data collection will be conducted under 

the conditions set forth herein and the Section 333 exemption grant. In that regard, the airspace will 

be (i) limited, (ii) predetermined, and (iii) controlled as to access. Petitioner will limit operations to 

the area immediate above and directly adjacent to the incident or circumstances that affect Public 

Safety. Operations will always occur within the line of sight of the UAS operator. Petitioner will 

take steps to protect the privacy of the property owners and nearby individuals. Given the potential 

for this exemption to lead to developments that will save lives, emergency resources, and property, 

the Petitioner requests that this request for exemption be considered on an expedited basis. 

In that regard, Petitioner notes that the FAA has previously granted exemptions for similar activities 

for the Altura Zenith ATX8, the Dn Phantom and the Dn Inspire. All these systems are used by the 

Petitioner. 

IV. Unmanned Aircraft Systems 

A. Aerialtronics Altura Zenith A TX8 

The Altura Zenith ATX8 is a multi-rotor aircraft built with a monocoque carbon airframe. 

The Zenith has a 5.6 kg take-off weight and a maximum payload of2.9 kg. The Zenith carries a 

16.600 mAh battery, which facilitates up to 45 minutes of flight-time. It can be flown with 

either a radio or tablet and carries a variety of payloads. The Zenith has a maximum cruise 

speed of20 m/s. It features auto-takeoff and landing, auto go home and landing, GPS waypoint 

navigation, direction lock, and GIS mapping. Specifications include: 

• Length x Width: 23.6" x 23.6" 

• Height: 13. 7"- 21.6" tall 

• Weight: 7. 7 lbs., without payload (less than 15 lbs. with payload) 

B. DJI Phantom 

The DJI Phantom is a multi-rotor copter that that will weigh less than 55 lbs. when fully 

loaded. It will be operated at a maximum speed of less than 50 mph and a flight time of no 

more than 20 minutes. If its communications with the PIC is lost, the safety system will allow it 

to either hover in place and slowly descend or to return to a predetermined point. 

C. DJI Inspire 

The DJI Inspire is a multi-rotor copter that will weigh less than 55 lbs. when fully loaded. 

It will be operated at a maximum speed of less than 50 mph and a flight time of no more than 

20 minutes. Its safety system will allow it to either hover in place and slowly descend if 

communication with the PIC is lost or to return to a predetermined point. 

V. Statutory Authority for Requested Exemptions 

This petition for exemption is submitted in accordance with Section 333 of the Reform 

www.flyinglioninc.com 2514 Gates Avenue #B, Redondo Beach, CA 90278 Tel: 310-722-1550 Email : bb@flyinglioninc.com 
Act. Pursuant to Section 333 ofthe Reform Act, the Federal Aviation Administration (FAA) 

Administrator (the "Administrator") is to permit operation of an unmanned aircraft system where 

it does not create a hazard to users of the national airspace system (NAS) or the public or pose a 

threat to national security. Moreover, the Federal Aviation Act grants the Administrator general 

authority to grant exemptions from the agency's safety regulations and minimum standards when 

the Administrator decides such a requested exemption is in the public interest. See 49 U.S.C. 

§§ 106(£), 44701-44716, et seq. A party requesting an exemption must explain the reasons why 

the exemption: (i) would benefit the public as a whole, and (ii) would not adversely affect safety 

or how it would provide a level of safety at least equal to the existing rules. 14 C.F .R. § 11.81. 

VI. Safety Measures and Public Interest Benefits 

As described in more detail in Section IX, the Petitioner will take measures to ensure 

such operations will not create a hazard to aviation or the public. Flights will be conducted 

under 400 feet AGL thereby avoiding interference with users of the NAS. Flights will be 

suspended immediately to yield right-of-way to any other aircraft. Gee-fencing will be utilized 

when available to ensure that a UAS does not fly outside of the intended area. The site will be 

secured and only authorized personnel will be permitted on the grounds. Given the size and 

speed of the UAS, the controlled nature of the locations being used and the lack of explosive 

materials or flammable jet fuels, the operations will not pose a threat to national security. 

There are a number of reasons why granting the Petitioner's request to operate the UAS 

for the assistance of Public Service Agencies is in the public interest. For example, use ofUAS in 

this manner will make conditions for law enforcement, fire/rescue and other public service agencies 

representatives safer. Today most agencies do not have access to aerial observation services. Such 

activities are inherently dangerous and this provided service will allow for better assessment of the 

situation and allocation of limited resources. Public safety personnel will be able to reduce their 

exposure to many life threatening hazards by using a UAS. In addition, they will be able to 

obtain the data necessary to make accurate assessments more quickly. Similarly, utilization ofUAS 

to pre/post disaster inspect construction, telecommunication and energy physical assets will result in 

enhanced safety for individuals, cost savings and greater efficiencies in large and critical industries. 

VII. Specific Sections from Which Petitioners Seek an Exemption 

Based upon the information provided and the exemptions that the FAA has already 

granted pursuant to Section 333, the Petitioner requests the following exemptions: 

14 C.F.R. § 61.113(a) 

14 C.F.R. § 61.23(a) 

14 C.F.R. § 61.23(c) 

14 C.F.R. § 61.101(e)(4) 

14 C.F.R. § 61.101(e)(S) 

14 C.F.R. § 61.113(a) 

14 C.F.R. § 61.315(a) 

14 C.F.R. § 91.7(a) 

14 C.F.R. § 91.119(c) 

14 C.F.R. § 91.121 

14 C.F.R. § 91.151(a) 

14 C.F.R. § 91.405(a) 

14 C.F.R. § 91.407(a)(1) 

14 C.F.R. § 91.409(a)(l) 

14 C.F.R. § 91.409(a)(2) 

14 C.F.R. § 91.417(a) 

www.flyinglioninc.com 2514 Gates Avenue #B, Redondo Beach, CA 90278 Tel: 310-722-1550 Email : bb@flyinglioninc.com 
14 C.F.R. § 91.417(b) 

Vlll. Justifications for Each Exemption Request 

1. 14 C.F.R. § 61.23(a), 14 C.F.R. § 61.23(c), 14 C.F.R. § 61.101(e)(4), 14 C.F.R. § 

61.101(e)(5), 14 C.P.R. §61.113(a) and_14 C.F.R. § 61.315(a). 

Petitioner notes that FAA is now requiring the Pilot in Command to hold either an airline 

transport, commercial, private, recreational or sport certificate pilot license and either a 

current FAA airman medical certificate or a valid U.S. driver's license issued by a state, the 

District of Columbia, Puerto Rico, a territory, a possession, or the Federal government. 

Petitioner will ensure that its PICs will satisfy each of these requirements. Since Petitioners' 

PICs will be operating UAS under the same conditions as those previously granted, an 

equivalent level of safety will be met by granting these exemptions. 

2. 14 C.F.R. § 91.7(a) Civil aircraft worthiness. 

Section 91.7(a) requires that an operator determine an aircraft is in airworthy condition 

before a flight. Petitioner requests relief from this section provided that the operator of the 

UAS determines prior to each flight that the aircraft is in compliance with the applicable 

Operational Documents. Such pre-flight inspection will provide the equivalent level of safety 

as that provided by this section. Petitioner notes that the Administrator has granted relief 

from this section in previous exemptions. 

3. 14 C.F.R. § 91.119(c) Minimum safe altitudes over congested and other areas. 

Section 91.119( c) establishes safe altitudes for operation of civil aircraft over areas other 

than congested areas. The Petitioner requests reli~f from this section with respect to those 

participating persons, vehicles, and structures directly involved with emergency situation. 

The UAS will never operate at higher than 400 AGL. It will be operated in a limited area, 

Relief from this section is warranted as operations will be conducted with adequate safety 

provisions as outlined herein and in the applicable Operational Documents. As a result, an 

equivalent level of safety will be met by granting this exemption. Petitioner notes that the 

Administrator has granted relief from this section in previous exemptions. 

4. 14 C.F.R. § 91.121 Altimeter Settings. 

This regulation requires each person operating an aircraft to maintain cruising altitude by 

reference to an altimeter that is set " ... to the elevation of the departure airport or an 

appropriate altimeter setting available before departure." An exemption from section may be 

needed if the UAS does not have a barometric altimeter but instead has a GPS altitude read 

out. An equivalent level of safety will be achieved by the operator, pursuant to the applicable 

Operational Documents, confirming the altitude of the launch site shown on the GPS altitude 

indicator before flight. As a result, an equivalent level of safety will be met by granting this 

exemption. Petitioner notes that the Administrator has granted relief from this section in 

previous exemptions. 

5. 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 

www.flyinglioninc.com 2514 Gates Avenue #B, Redondo Beach, CA 90278 Tel: 310-722-1550 Email : bb@flyinglioninc.com 
VPR conditions unless (considering wind and forecast weather conditions) there is enough 

fuel to fly to the first point of intended landing, and, assuming normal cruising speed- (1) 

During the day, to fly after that for at least 30 minutes." Complying with the 30 minute 

reserve would severely limit the length of the Petitioner's UAS flights and hamper the ability 

to provide aerial support to emergency situations. Given the limitations on the UAS's 

proposed flight area, a longer time frame for flight is reasonable. Operating the UAS in a 

tightly controlled area, does not raise the type of risks that this section was intended to 

address, particularly given the size and speed of the UAS. Petitioner believes that an 

equivalent level of safety can be achieved by limiting flights to 50 minutes or 20% of battery 

power, whichever happens first. 

6. 14 C.P.R. § 91.405(a) Maintenance required; 14 C.P.R. § 91.407(a)(l) Operation 

after maintenance, preventive maintenance, rebuilding or alteration; 14 C.P.R. §§ 

91.409(a)(l) and (2) Inspections: 14 C.P.R. §§ 91.417(a) and (b) Maintenance 

records. 

Maintenance will be accomplished by the operator pursuant to the applicable Operational 

Documents. An equivalent level of safety will be achieved because the UAS are very limited 

in size and will carry a small payload and operate only in restricted areas for limited periods 

oftime. If mechanical issues arise, the UAS will be operating from no higher than 400 feet 

AGL and can immediately land. As provided in the applicable Operational Documents, the 

operator will ensure that the UAS is in working order prior to initiating flight, perform 

required maintenance, and keep a log of any maintenance performed. Moreover, the operator 

is the person most familiar with the aircraft and best suited to maintain the aircraft in an 

airworthy condition to provide the equivalent level of safety. As a result, an equivalent level 

of safety will be met by granting this exemption. Petitioner notes that the Administrator has 

granted relief from this section in previous exemptions. 

7. Additional Relief. 

In addition to the exemptions listed above, the Petitioner requests exemption from such 

other rules and regulations as the P AA deems appropriate to enable the operations described 

herein. Since previous exemptions granted under Section 333 of the Reform Act have been 

effective for two years, the Petitioner also requests that if the P AA issues interim or final 

rules applicable to the operation of any UAS included herein after the Petitioner receives a 

Grant of Exemption that any conditions and limitations required in such Grant that are more 

burdensome than the new regulation be appropriately modified or removed. 

IX. Operating Parameters for UAS Use 

Petitioner proposes that if the requested exemptions are granted, it will operate the UAS 

under the following conditions: 

1. UAS operations will be conducted by a Pilot in Command (PIC). The UAS will be in 

visual line of site (VLOS) of the PIC at all times. 

2. All UAS operations will utilize a visual observer ("VO"). The VO will not perform 

any other duties beyond assisting the PIC with seeing and avoiding air traffic and 

other ground-based obstacles/obstructions. 

3. The PIC and VO will be able to communicate verbally at all times. 

www.flyinglioninc.com 2514 Gates Avenue #B, Redondo Beach, CA 90278 Tel: 310-722-1550 Email : bb@flyinglioninc.com 
4. Petitioner will rely on the UAS vendor(s) to provide a pilot qualification program, 

including a training program incorporating proper aircraft operations and safety 

standards. The PIC and the VO will have obtained the necessary 

qualifications/training. A record of completion of this qualification process will be 

documented and made available to the Administrator upon request. 

5. UAS will not be flown at ground speeds exceeding 50 mph. 

6. Flights will be operated at an altitude of no more than 400 feet above ground level. 

7. Each UAS flight operation will be completed within 50 minutes flight time or with 20% 

battery power remaining, whichever occurs first. At 30% battery the UAS will enter 

a return and land sequence; at 20% it will land immediately. 

8. UAS will not be operated over any person (other than participating personnel) at an 

altitude that is hazardous to persons or property on the surface in the event of a UAS 

failure or emergency. UAS will be operated at a distance from participating buildings 

of at least 10 feet. Operations will be conducted at least 500 feet from nonparticipating 

persons or buildings, unless barriers are in place to provide adequate 

protection. 

9. The UAS will abort the flight in the event ofunpredicted obstacles or emergencies in 

accordance with the applicable Operational Document. 

10. The UAS will remain clear and yield the right of way to all other manned operations 

and activities at all times. 

11. The UAS will not be operated by the PIC from any moving device or vehicle. 

12. The UAS will not be operated less than 500 feet below or less than 2,000 feet 

horizontally from a cloud or when visibility is less than 3 statute miles from the PIC. 

13. The applicable Operational Documents and all documents required under 14 C.F.R. 

§ 91.9 and 91.203 will be available to the PIC at the Ground Control Station of the 

UAS any time the aircraft is operating. These documents will be made available to 

the Administrator upon request. 

14. Any incident, accident, or flight operation that transgresses the lateral or vertical 

boundaries of the operational area as defined by the applicable COA will be reported 

to the FAA's UAS Integration Office (AFS-80) within 24 hours. Accidents will be 

reported to the National Transportation Safety Board (NTSB). 

15. The operator will follow the procedures as outlined in its applicable Operational 

Documents. 

16 Prior to each flight, pilot will inspect the UAS to ensure it is in condition for safe 

flight. If the inspection reveals a discrepancy, the aircraft will be prohibited from 

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

to be in a condition for safe flight. 

www.flyinglioninc.com 2514 Gates Avenue #B, Redondo Beach, CA 90278 Tel: 310-722-1550 Email : bb@flyinglioninc.com 
17. All maintenance and alterations will be properly documented in the aircraft records. 

18. Any U S that undergoes maintenance or alterations that affect the UAS operation or 

flight characteristics will undergo a functional flight test in accordance with the 

applicable Operational Documents. 

19. Petitioner will institute a rigorous maintenance program to ensure airworthiness of the 

UAS. Operator will follow the manufacturer's UAS aircraft/component, 

maintenance, overhaul, replacement, inspection, and life limit requirements. 

20. Each UAS will comply with all manufacturer Safety Bulletins. 

X. Summary to be Published in Federal Register 

Petitioner: Flying Lion, Inc. 

Sections of 14 C.F.R. Affected:§ 61.23(a); § 61.23(c); § 61.101(e)(4);§ 61.101(e)(5); 

§61.113(a);, 61.315(a); § 91.7(a); § 91.119(c); § 91.121; § 91.151(a); § 91.405(a); § 

91.407(a)(l); §§ 91.409(a)(l) and (2); §§ 91.417(a) and (b). 

Description of Relief Sought: Petitioner seeks relief from the requirements of 14 C.P .R. § 

61.23(a); 14 C.P.R. § 61.23(c); 14 C.P.R.§ 61.101(e)(4); 14 C.P.R. § 61.101(e)(5); 14 C.P.R. 

§61.113(a);_14 C.P.R.§ 61.315(a); § 91.7(a);14 C.P.R.§ 91.119(c); 14 C.P.R.§ 91.121; 14 

C.P.R.§ 91.151(a); 14 C.F.R. § 91.405(a); 14 C.F.R. § 91.407(a)(l); 14 C.F.R. §§ 

91.409(a)(l) and (2); 14 C.F.R. §§ 91.417(a) and (b) to conduct inspections for commercial 

purposes using small unmanned aircraft systems (UAS) subject to operating procedures that 

meet or exceed those that FAA requires for similar operations. 

XI. Conclusion 

Satisfaction of the criteria provided in Section 333 of the Reform Act regarding size, weight, speed, 

operating capabilities, proximity to airports and populated areas, operation within visual line of sight, 

and national security, provide more than adequate justification for the grant of the requested 

exemption allowing operation of Petitioner's UAS for the purposes set forth herein. Please contact 

Petitioner, Barry J. Brennan at 310.722.1550 or bb@flyinglioninc.com with any questions about this 

filing. 

Sincerely, 

Barry J. Brennan 

CEO 

Flying Lion, Inc. 

www.flyinglioninc.com 2514 Gates Avenue #B, Redondo Beach, CA 90278 Tel: 310-722-1550 Email : bb@flyinglioninc.com