Richard L. Hendrickson, Esq.

filing@333exemptionexperts.com

(856) 912-4908

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February 9, 2016

U.S. Department of Transportation

Docket Operations, M-30

1200 New Jersey Avenue, SE

Room W12-140, West Building Ground Floor

Washington, DC 20590-0001

RE: Petition of Fixed Flight LLC for an Exemption Pursuant to Section 333 of the FAA 

Modernization and Reform Act of 2012 to Operate an Unmanned Aircraft System

Dear Sir or Madam,

Pursuant to Section 333 of the FAA Modernization and Reform Act of 2012 (the Reform 

Act) and 14 C.F.R. Part 11, Fixed Flight LLC hereby applies for an exemption from the Federal 

Aviation Regulations (FAR) identified below to allow for the commercial operation of the 

Unmanned Aircraft Systems (UAS) also identified below.

I. REGULATIONS FOR WHICH EXEMPTION IS REQUESTED

Fixed Flight LLC requests exemption from the following Federal Aviation Regulations in 

order to efficiently conduct its aerial videography, photography, and inspection business:

• 14 C.F.R Part 21, Subpart H;

• 14 C.F.R Part 27;

• 14 C.F.R § 45.23(b);

• 14 C.F.R. § 45.27(a);

• 14 C.F.R § 61.113;

• 14 C.F.R § 91.7(a);

• 14 C.F.R § 91.9(b)(2);

• 14 C.F.R § 91.9(c);

• 14 C.F.R § 91.103;

• 14 C.F.R § 91.119;

• 14 C.F.R § 91.121;

• 14 C.F.R § 91.151(a) & (b)
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• 14 C.F.R § 91.203 (a) & (b);

• 14 C.F.R § 91.405(a);

• 14 C.F.R § 91.407(a)(l);

• 14 C.F.R § 91.409(a)(2);

• 14 C.F.R § 91.417 (a) & (b).

II. STATUTORY AUTHORITY FOR FAA TO GRANT REQUESTED 

EXEMPTIONS

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

Act. Congress has directed the FAA “to safely accelerate the integration of civil unmanned 

aircraft systems into the national airspace system.” Pursuant to Section 333 of the Reform Act, 

the FAA 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), the public, or pose a threat to 

national security based on the following considerations:

• The size, weight, speed and operational capability of the UAS;

• Proximity to airports and populated areas; and

• Operation within visual line of sight (VLOS) of the operator.

Furthermore, the Federal Aviation Act grants the FAA Administrator general authority to 

grant exemptions from the agency’s safety regulations and minimum standards when the 

Administrator decides a requested exemption is in the public interest.1 A party requesting an 

exemption must explain the reasons why the exemption: (1) would benefit the public as a whole, 

and (2) would not adversely affect safety or how it would provide a level of safety at least equal 

to the existing rules.2

III. DESCRIPTION OF FIXED FLIGHT LLC AND ITS SERVICES

Fixed Flight LLC is a Hawaii-based company that has provided videography and 

photography services to the Hawaii community for five years. They are seeking to use aerial 

videography and photography to expand their business. 

Fixed Flight LLC will be able to use the aerial videography and photography provided by 

their UAS to expand their traditional videography and photography services, which include 

providing stock footage and creating short nature or other topical documentaries. Moreover, 

																																																												 1 See 49 U.S.C. §§ 106(f), 44701-44716, et seq. 2 14 C.F.R. § 11.81.
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Fixed Flight LLC will be able to provide aerial real estate videography and photography 

services. Additionally, Fixed Flight LLC will provide a platform for affordable aerial 

inspections.

The contact information for the petitioner, Fixed Flight LLC, is as follows:

Graham Henderson

Co-Owner

Fixed Flight LLC

1238 Kainui Drive

Kailua, HI 96734

fixedflightfilms@gmail.com

Tel: (808) 226-2161

IV. PROPOSED OPERATIONS

Fixed Flight LLC is requesting exemptions from applicable Federal Aviation Regulations 

pursuant to Section 333 of the Reform Act to perform aerial videography, photography, and 

inspection services via UAS. The UAS that Fixed Flight LLC plans to use and Fixed Flight 

LLC’s proposed flight operations, which comply with the requirements of 14 C.F.R. § 11.81, are 

detailed in the following subsections.

A. The UAS to be Used

Fixed Flight LLC seeks to use the DJI Inspire 1, DJI Spreading Wings S900, DJI 

Spreading Wings S1000, and Freefly Alta to conduct its flight operations. Each of these UAS 

has been approved in previous grants of exemption and will be detailed below.

1. DJI Inspire 1

The DJI Inspire 1 is a battery-operated quadcopter with the following known 

specifications:

• Maximum Flight Time: approximately 18 minutes (depending on payload).

• Power Source: one LiPo 6S High voltage battery with a voltage of 22.2 V. The 

battery’s capacity is 4500 mAh. 

• Weight: approximately 6.47 pounds (2935 g).

• Dimensions: 17.24 in. x 17.75 in. x 11.85 in. (438 mm. x 451 mm. x 301 mm.)
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• Maximum Speed: approximately 43 knots (22 m/s). 

• Maximum Altitude (MSL): 14763.78 ft. (4500 m).

• Maximum Distance (from controller): up to 3.1 miles (5 km).

The DJI Inspire 1 has been included in previously granted exemptions, including, e.g., 

Exemption No. 11463, Docket No. FAA-2015-0237.

2. DJI Spreading Wings S900

The DJI Spreading Wings S900 is an electric-motor-operated hexacopter with the 

following known specifications:

• Maximum Flight Time: approximately 18 minutes (depending on payload).

• Power Source: one LiPo 6S High voltage battery, which powers an electric motor that 

can produce maximum power of 500W and KV of 400rpm/V. The motor’s working 

current is 40A.

• Weight: maximum takeoff weight is approximately 18 pounds (8.2 kg).

• Dimensions: Diagonal Wheelbase – 35.43 in. (900 mm); Frame Arm Length – 14.09 

in. (358 mm); Center Frame Diameter – 10.71 in. (27 mm); Landing Gear – 18.11 in. 

x 17.72 in. x 14.17 in. (460 mm. x 450 mm. x 360 mm.).

• Maximum Speed: 31.1 knots (16 m/s).

The DJI Spreading Wings S900 has been included in previously granted exemptions, 

including, e.g., Exemption No. 11400, Docket No. FAA-2015-0155.

3. DJI Spreading Wings S1000

The DJI Spreading Wings S1000 is an electric-motor-operated octocopter with the 

following known specifications:

• Maximum Flight Time: approximately 15 minutes (depending on payload).

• Power Source: one LiPo 6S High voltage battery, which powers an electric motor that 

can produce maximum power of 500W and KV of 400rpm/V. The motor’s working 

current is 40A.

• Weight: maximum takeoff weight is approximately 24.25 pounds (11 kg).
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• Dimensions: Diagonal Wheelbase – 41.14 in. (1045 mm); Frame Arm Length – 15.2 

in. (386 mm); Center Frame Diameter – 13.29 in. (337.5 mm); Landing Gear – 18.11 

in. x 20.12 in. x 12.01 in. (460 mm. x 511 mm. x 305 mm.).

The DJI Spreading Wings S1000 has been included in previously granted exemptions, 

including, e.g., Exemption No. 11467, Docket No. FAA-2015-0261.

4. Freefly Alta

The Freefly Alta is an electric-motor-operated hexacopter with the following known 

specifications:

• Maximum Flight Time: approximately 10 minutes (depending on payload).

• Power Source: maximum two (2) parallel LiPo 6S High voltage batteries with a 

voltage of 22.2 V, which power six electric motors with maximum instantaneous 

power of 950W.

• Weight: maximum gross takeoff weight is approximately 30 pounds (13.6 kg).

• Dimensions: 44.33 in. (1126 mm) (diameter) x 8.66 in. (220 mm) (height).

The Freefly Alta has been included in previously granted exemptions, including, e.g., 

Exemption No. 12103, Docket No. FAA-2015-0956.

B. Flight Operations

When conducting flight operations, Fixed Flight LLC will keeps its UAS in visual line of 

sight (VLOS) and use a visual observer (VO) separate from the Pilot in Charge (PIC) at all times. 

The PIC will possess at least a private pilot certificate and a valid state driver’s license. The area 

in which operations will be conducted will be evaluated for safety concerns prior to flight. If 

clouds are in the vicinity, the PIC will maintain the FAA’s prescribed stand off distance. If flight 

operations are to take place over private property, permission will be sought from the property’s 

owner before flight commences. When flight operations are to take place over public lands, any 

necessary permission and/or documentation will be obtained from the appropriate local, state, 

and federal authorities. When manned aircraft are in the vicinity, Fixed Flight LLC will 

immediately give way and land. 

At no time will Fixed Flight LLC conduct flight operations in excess of 400 feet above 

ground level (AGL) or at speeds in excess of 87 knots (100 mph). Additionally, flight operations 

will only be conducted during daylight hours. Flight operations will not be conducted within 500 

feet of any nonparticipant person, structure, or vehicle unless prior permission is obtained.
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Maximum flight time for each operational flight will be approximately 10-20 minutes. The 

aircraft will be safely landed with no less than 25% remaining battery life and no less than three 

minutes of flight time remaining.

The aircraft will be identified by serial number, registered with the FAA, and have 

identification (N-Number) markings as large as practicable. Prior to each flight, a Mission Plan 

will be created setting forth the limitations for the flight as well as contact information for the 

PIC. Further, a zero altitude initiation point will be established and confirmed for accuracy by

the PIC. Pre-flight inspections for cracks, damage or other physical conditions that could hamper 

safe flight will be conducted prior to any and all operations. Post flight inspections will also be 

conducted in order to aid in identifying flight conditions that may cause stress to the propellers, 

landing gear, and other components. Thorough inspection of the UAS will be conducted and the 

flight response will be tested if a hard landing or crash occurs to ensure that the UAS can operate 

in a safe manner before conducting any further missions. 

If the UAS loses communications, it will have the capability to return to a predetermined location within the operational area and land. If the UAS loses its GPS signal it will 

have the capability of being flown manually to a predetermined location within the operational 

area and land. The flight will be aborted in case of unpredicted obstacles or emergencies. Each 

flight will be recorded in an Operations Log Book. Maintenance on the UAS will be recorded in 

a Maintenance Log Book.

V. THE EXEMPTION WILL NOT ADVERSELY AFFECT PUBLIC SAFETY AND 

THE EXEMPTION WILL MEET AN EQUIVALENT LEVEL OF SAFETY AS 

THE FEDERAL AVIATION REGULATIONS PROMOTE.

Fixed Flight LLC’s proposed flight operations will not adversely affect public safety and 

will meet an equivalent level of safety as the Federal Aviation Regulations promote. Fixed Flight 

LLC proposes to operate within the limitations and performance specifications listed in the

respective user manuals of the proposed UAS. These limitations provide for a higher level of 

safety for flight operations than the current regulatory structure because the proposed flight 

operations are limited by the hobby-grade size and performance level of the proposed UAS.

These considerations are as follows.

First, Fixed Flight LLC is using UAS that can take off and land at a single point, unlike 

traditional manned aircraft. There are no necessary runways, aided take off apparatuses, or 

required routes. As such, the proposed operations will not add to the congestion of the NAS.

Second, unlike manned aircraft, the motors, rotors, propellers, body/frame, landing pads, 

and other components for the UAS in this petition are hobby-grade. Their engineering and design 

allows effective layman maintenance. Moreover, any potential damage that could be caused by 
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any of the UAS in this petition is significantly less than the potential damage from a manned 

aircraft.

Third, unlike manned aircraft, the UAS in this petition are battery operated multirotors

with maximum flight times ranging between 10 and 20 minutes. Further, the UAS’ weights range 

from approximately 6 pounds to 30 pounds. The UAS’ maximum speed range from 

approximately 30 mph to 45 mph. All of these factors, including the other specifications set out 

above, are significantly inferior to manned aircraft. Moreover, Fixed Flight LLC’s proposed 

operations will further constrain the speed and altitude of the UAS.

Fourth, manned aircraft risk flammable fuel spillage in the event of an accident. None of 

the UAS in this petition carry liquid fuel; therefore, the risk of fire following an accident due to 

fuel spillage is eliminated. 

Fifth, unlike manned aircraft, each of the UAS in this petition have automatic “return to 

home” features that, in the case of low battery, lost connection with the remote, or other troubles, 

take the UAS to a preset altitude and automatically navigate to the takeoff location. 

Sixth, the FAA has determined that the risk of not having an electronic means to monitor 

and communicate with other aircraft, such as transponders or sense-and-avoid technology, is 

mitigated by placing limits on altitude, requiring stand-off distance from clouds, permitting 

daytime operations only, requiring that the aircraft be operated within visual line of sight, and 

requiring UAS to yield to all other manned aircraft.

3 All of these considerations have been 

included above.

As such, compared to manned aircraft, using the UAS included in this petition reduces

the risk to participating and nonparticipating persons in close proximity to the UAS due to the 

limited size, weight, and the integrated safety features of the UAS. Additionally, the above

outlined flight operations procedures bring Fixed Flight LLC’s proposed operations well within 

the Federal Aviation Regulatory scheme.

VI. SPECIFIC FEDERAL AVIATION EXEMPTIONS REQUESTED

Fixed Flight LLC seeks an exemption from several interrelated provisions of 14 C.F.R. 

Parts 21, 45, 61, and 91 for purposes of conducting the requested operations using the UAS 

included above. Listed below are (1) the specific FAR sections for which exemption is sought, 

and (2) the operating procedures and safeguards that Fixed Flight LLC has established to ensure 

a level of safety better than or equal to the rules from which exemption is sought.4

																																																												 3 See Exemption No. 11062, Docket No. FAA 2014-0352, at p. 13. 4 See 14 C.F.R. § 11.81 (e).
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A. 14 C.F.R. § 91.119 – Prohibition of Flight in Congested Areas.

Fixed Flight LLC requests modification, waiver or exemption and clarification (within 

reason) concerning the above referenced section. Fixed Flight LLC requests a waiver for this 

condition to allow reasonable and responsible videography and photography in congested areas 

of subdivisions and neighborhoods in accordance with the operations outlined above. 

B. 14 C.F.R. Part 21, Subpart H – Airworthiness Certificates and 14 C.F.R. § 

91.203(a)(1).

The FAA has stated that no exemption is needed from this section if a finding is made 

under the Reform Act that the UAS to be used provides an equivalent level of safety when 

compared to manned aircraft normally used for the same application. These criteria are met as 

explained in Section V supra, and therefore no exemption is needed.5 If, however, the FAA 

determines that there are some characteristics of the requested UAS that fail to meet the 

requirements of the Reform Act, an exemption is requested.

The proposed flight operations and the UAS to be used meet an equivalent level of safety 

as the FARs. The UAS included in this Petition are hobby grade UAS that should not require an 

airworthiness certificate. Posting of special flight authorization would not be possible since none 

of the proposed UAS have cabins and none are large enough to carry a certificate. However, a 

special flight authorization can be maintained by the operator to make available upon request. 

Additionally, as stated above, the UAS in this petition are safe when taking into account 

their relative size, weight, speed, and operational capability when compared to manned aircraft. 

The requested UAS do not carry pilots, passengers, explosive materials, or flammable liquid 

fuels. The proposed operations will be at least as safe as, or safer than, conventional rotorcraft 

operating with an airworthiness certificate without the restrictions and conditions proposed here. 

C. 14 C.F.R. Part 27 Airworthiness Standards: Normal Category Rotorcraft.

14 C.F.R. Part 27 sets forth the procedural requirements for airworthiness certification of 

normal category rotorcraft. To the extent that the UAS in this Petition will otherwise require 

certification under Part 27, Fixed Flight LLC seeks an exemption from Part 27’s airworthiness 

standards for the same reasons identified in the request for exemption from 14 C.F.R. Part 21, 

Subpart H in section VI.B. supra.

																																																												 5 See Grant of Exemption to Astraeus Aerial, Docket No. FAA 2014-0352 at 13-14, 22.
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D. 14 C.F.R. §§ 45.23(b), 45.27(a) and 91.9(c): Aircraft Marking and 

Identification Requirements.

14 C.F.R. § 45.23(b), Markings of the Aircraft, states:

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 operator must also 

display on that aircraft near 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.

14 C.F.R. § 45.27(a) states:

Rotorcraft. Each operator of a rotorcraft must display on that rotorcraft 

horizontally on both surfaces of the cabin, fuselage, boom, or tail the marks 

required by § 45.23.

14 C.F.R. § 91.9(c) states:

No person may operate a U.S.-registered civil aircraft unless that aircraft is 

identified in accordance with part 45 of this chapter.

In a previous Grant of Exemption, the FAA determined that exemption from these 

requirements was warranted provided that the aircraft “have identification (N-Number) markings 

in accordance with 14 CFR part 45, Subpart C if the markings are “as large as practicable.”6

Accordingly, Fixed Flight LLC will mark all of the UAS it uses in flight operations with 

their N- Number in a prominent spot on the body of the UAS with markings that are as large as 

practicable.

E. 14 C.F.R. § 61.113: Private Pilot Privileges and Limitations.

Fixed Flight LLC seeks exemption from 14 C.F.R. § 61.113, which restricts private pilots 

from flying aircraft for compensation or hire and would also require a second-class medical 

certificate. The purpose of Part 61 is to ensure that the skill and competency of any PIC matches 

																																																												 6 See Exemption No. 11062, Docket No. FAA 2014-0352, at p. 14.
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the airspace in which the PIC will be operating, as well as requiring certifications if the pilot is 

carrying passengers or cargo for hire.

While the proposed UAS will be operated as part of a commercial operation, they carry

neither passengers nor cargo. The FAA determined in the Grant of Exemption for Astraeus 

Aerial, FAA Docket No. FAA-2014-0352, that the unique characteristics of UAS operation 

outside of controlled airspace did not warrant the additional cost and restrictions attendant with 

requiring the PIC to have a commercial pilot certificate and a second-class medical certificate. 

The FAA has also determined that the required knowledge for a commercial pilot covers the 

same fundamental principles as a private pilot. 

Further, the FAA stated in its grant of an exception to Astraeus Aerial that “the FAA 

considers the overriding safety factor for the limited operations proposed by the petitioner to be 

the airmanship skills acquired through UAS-specific flight cycles, flight time, and specific make 

and model experience, culminating in verification through testing.”7

The flight operation requirements Fixed Flight LLC has placed on its UAS operations 

meet or exceed the restrictions similarly imposed on Astraeus Aerial in FAA Docket No. FAA2014-0352. Among other restrictions detailed above, Fixed Flight LLC will operate at least 500 

feet from persons and property not involved in the operation. The aircraft will be flown based on 

VLOS at or below 400 feet AGL. All flights will include a VO. Additionally, during all of Fixed 

Flight LLC’s flight operations, the PIC will possess at least a sport pilot’s license. As such, the 

proposed operations will achieve an equivalent level of safety by requiring knowledge and 

experience concerning the UAS operations described above along with the certification involved 

with obtaining at least a sport pilot’s license.

F. 14 C.F.R. § 91.7(a): Civil Aircraft Airworthiness.

Fixed Flight LLC seeks an exemption from 14 C.F.R. § 91.7(a), which requires that a 

civil aircraft be in airworthy condition to be operated. The FAA has stated that no exemption is 

required to the extent that the requirements of 12 C.F.R. Part 21 are waived or found 

inapplicable. Accordingly, Fixed Flight LLC requests that the requirements for Section 91.7 be 

treated in accordance with the FAA’s determination of the applicability of 14 C.F.R. Part 21 

Subpart H.8

																																																												 7 See Exemption No. 11062, Docket No. FAA 2014-0352, at p. 18. 8 See Grant of Exemption No. 11062, p. 19.
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G. 14 C.F.R. § 91.9(b)(2): Civil Aircraft Flight Manual in the Aircraft; 

14 C.F.R. §§ 91.203(a) and (b): Carrying Civil Aircraft Certification and 

Registration.

14 C.F.R. § 91.9(b)(2) states in pertinent part:

(b)No person may operate a U.S.-registered civil aircraft –

(2)For which an Airplane or Rotorcraft Flight Manual is required by § 

21.5 of this 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.

14 C.F.R. §§ 91.203(a) and (b) states in pertinent part:

(a)Except as provided in § 91.715, no person may operate a civil aircraft unless it 

has within it the following:

(1)An appropriate and current airworthiness certificate.

(b)No person may operate a civil aircraft unless the airworthiness certificate 

required by paragraph (a) of this section or a special flight authorization issued 

under § 91.715 is displayed at the cabin or cockpit entrance so that it is legible to 

passengers or crew.

Fixed Flight LLC does not request an exemption from this section but instead notifies the 

FAA that, in accordance with FAA Office of Chief Counsel’s Opinion dated August 8, 2014, the 

UAS flight manual, registration certificate and other documentation will be kept available and 

with the PIC during flight. The Chief Counsel’s Office has held that for all UAS operations, this 

alternate method constitutes full compliance with the regulations.9

H. 14 C.F.R. § 91.103: Preflight Action.

Fixed Flight LLC seeks an exemption from 14 C.F.R. § 91.103, which requires a PIC to 

become familiar with specific information before each flight, including information contained in 

the FAA-approved Flight Manual on board the aircraft. The proposed UAS will not have a Flight 

																																																												 9 See also Grant of Exemption No. 11062, pp. 19-20, and Grant of Exemption No. 8607.
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Manual on board. The PIC during Fixed Flight LLC’s flight operations will take all actions 

including reviewing weather, flight battery requirements, landing and takeoff distances and 

aircraft performance data before initiation of flight operations. Under these circumstances, the 

FAA has stated that no exemption is required.10 An exemption is requested to the extent that 

an FAA-approved Flight Manual is required.

Fixed Flight LLC will achieve an equivalent level of safety by having the PIC attain a 

working knowledge of the provisions in the UAS user manual. Additionally, the PIC will review 

preflight conditions. This includes completing all required checklists and reviewing weather, 

flight requirements, battery charge, landing and takeoff distance, aircraft performance data, and 

contingency landing areas before initiation of flight. The User Manuals will be kept with the PIC

at all times.

I. 14 C.F.R. § 91.119(c): Minimum Safe Altitudes in Uncongested Areas.

Fixed Flight LLC requests an exemption from the minimum safe altitude requirements of 

14 C.F.R. § 91.119(c). This section prescribes that an aircraft may not be operated lower than 

500 feet AGL. The FAA has already determined that relief from Section 91.119(c) is warranted 

for UAS operations in uncongested areas with similar flight restrictions as those imposed by 

Fixed Flight LLC.

11 Fixed Flight LLC requests an exemption for congested areas where it has 

obtained permission from people and property owners with 500 feet of flight operations.

Compared to flight operations with rotorcraft weighing far more than the maximum 

weights of the proposed UAS in this Petition, and given the lack of flammable fuel, any risk 

associated with these proposed flight operations is far less than those that presently exist with 

conventional manned aircraft. An equivalent level of safety will be achieved because the size, 

weight, and speed of the proposed UAS are a fraction of what a manned aircraft would be. 

Additionally, in order to avoid any risk to manned aircraft, flight operations will be restricted to 

400 feet AGL or below, in compliance with FAA regulations. 

J. 14 C.F.R. § 91.121: Altimeter Settings.

This petition seeks an exemption from 14 C.F.R. § 91.121, which requires a person 

operating an aircraft to maintain cruising altitude or flight level by reference to an altimeter that 

is set to the elevation of the departure airport. The proposed UAS use both barometric pressure 

sensors and GPS to determine altitude but do not have an altimeter. An exemption is required to 

the extent that the proposed UAS do not have a barometric altimeter setting. The altitude of the 

																																																												 10 See Grant of Exemption No. 11062, p. 20. 11 See Grant of Exemption No. 11062, p. 20-21.
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aircraft is monitored by the PIC through the altitude reading on the controller and by the visual 

observer.

The FAA has stated that an equivalent level of safety can be achieved if the aircraft will 

be operated at or below 400 feet AGL and within visual line-of-sight in addition to GPS based 

altitude information relayed in real time to the operator.12 Fixed Flight LLC’s proposed UAS will 

be operated at or below 400 feet AGL and they will comply with the limitations in the Grant of 

Exemption No. 11062, including the use of a VO and real time GPS tracking, relayed to the PIC 

on the controller, of the UAS’ altitude.

K. 14 C.F.R. § 91.151(a): Fuel Requirements for Flight in VFR Conditions.

Fixed Flight LLC requests an exemption from the 14 C.F.R. § 91.151(a) fuel 

requirements for flight in VFR conditions. Section 91.151 states:

(a) No person may begin a flight in an airplane under VFR 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; or

(2) At night, to fly after that for at least 45 minutes.

Here, the technological limitations on the proposed UAS battery power means that no 

meaningful flight operations can be conducted while still maintaining a 30-minute fuel reserve. 

All of the UAS in this Petition are battery powered with a maximum flight time of between 10 

and 20 minutes. Fixed Flight LLC will safely land their UAS with no less than 25% battery 

reserve, or three minutes of flight time remaining.

The FAA has stated that an equivalent level of safety is provided if the UAS flight is 

conducted under daytime VFR flight conditions using VLOS, and terminated with at least 25% 

reserve battery power still available.13 Fixed Flight LLC’s flight operations will meet an 

equivalent level of safety by requiring their UAS to land with no less than 25% battery life 

remaining or three minutes of flight time remaining. Moreover, all flight operations will 

otherwise comply with the flight restrictions outlined above.

L. 14 C.F.R. §§ 91.405(a), 91.407(a)(l), 91.409(a)(2); 91.417(a) and 

(b): Maintenance Inspections.

																																																												 12 See Grant of Exemption No. 11062, p. 20-21. 13 See Grant of Exemption No. 11062, p. 21-22.
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Fixed Flight LLC seeks an exemption from the maintenance inspection requirements 

contained in 14 C.F.R. §§ 91.405(a), 91.407(a)(l), 91.409(a)(2); 91.417(a) and (b). These 

regulations specify maintenance and inspection standards in reference to 14 C.F.R. Part 43.14 An 

exemption from these regulations is needed because Part 43 and these sections only apply to 

aircraft with an airworthiness certificate, which none of the proposed UAS in this Petition will 

have.

An equivalent level of safety will be achieved because maintenance and inspections will 

be performed on the proposed UAS before every flight operation, and otherwise as necessary, in 

accordance with the above procedures. This includes any necessary maintenance, overhaul, 

replacement, and inspection requirements for the UAS and procedures to document and maintain 

maintenance records for the UAS.15 Moreover, flight operations will not be conducted unless a 

flight operations checklist is performed that includes all of the UAS’ components. The above 

procedures also set requirements for maintenance log books and record keeping as well as 

routine and post-flight operation maintenance. Additionally, the above procedures set 

requirements for both annual maintenance and preventative maintenance.

VII. PUBLIC INTEREST

Granting an exemption for Fixed Flight LLC is in the public interest for the following 

reasons:

A. Providing Public Access to a Unique Product. 

Fixed Flight LLC will allow the local community to access unique and valuable aerial 

photographs and videos for public and private purposes like the documentation of historic 

properties, nature conservancy advocacy, and invasive plant species surveys, among others. 

Using a UAS to provide this service will be far more affordable because there will be no need to 

rent an aircraft, hire a pilot, pay for aircraft fuel, or otherwise take into consideration the other 

significant costs involved with manned aircraft flights.

B. Enhancing Public Safety. 

																																																												 14 See, e.g., 14 C.F.R. § 91.405(a) (stating that each owner or operator of an aircraft “[s]hall have the aircraft 

inspected as prescribed in subpart E of this part and shall between required inspections ... have discrepancies 

repaired as prescribed in part 43 of this chapter”). 15 See Exemption No. 11062, Docket No. FAA 2014- 0352, at p. 14-15.
Richard L. Hendrickson, Esq.

filing@333exemptionexperts.com

(856) 912-4908

15

Allowing Fixed Flight LLC to make and sell aerial videos and photographs with UAS 

will make the community safer. Rather than relying on manned aircraft to provide aerial 

videography/photography, Fixed Flight LLC will be able to provide a comparable product with a 

much smaller and less intrusive vehicle. UAS are significantly smaller, quieter, and they carry 

no liquid or flammable fuel. Additionally, they have integrated features that allow them to safely 

return to their takeoff location and land automatically if the operator encounters any trouble. As 

such, they pose little to no risk to the local community in which they are flying.

C. Creating Jobs. 

Fixed Flight LLC will be creating jobs for the local Hawaiian community by harnessing a 

new, burgeoning technology. Employing UAS for aerial photography/videography will allow 

Fixed Flight LLC to remain competitive and flexible in an increasingly difficult market because 

UAS operate on battery power and create no emissions. Moreover, with the flexibility and 

competitiveness offered by using UAS, Fixed Flight LLC will be able to offer stable 

employment and contribute to the growth of the domestic economy.

D. Decreasing NAS Congestion. 

Allowing Fixed Flight LLC to operate UAS for aerial photography/videography will 

decrease congestion in the NAS. Because Fixed Flight LLC will be operating a UAS in lieu of a 

manned aircraft, it will be effectively decreasing the congestion of local airports and air traffic 

controllers. As such, Fixed Flight LLC will be positively contributing to the safety and efficient 

use of the NAS.

E. Promoting Environmentally Friendly Flight. 

Fixed Flight LLC’s operation of UAS for aerial photography/videography is 

environmentally friendly because UAS require no lead-based liquid fuels and UAS create no 

harmful emissions. Additionally, UAS will create significantly less noise pollution than 

traditional manned aircraft.

F. Additional Public Interest Considerations.

Beyond the above reasons, many of which have been put forth by previous successful 

Exemption seekers (see Exemption No. 14509 / Regulatory Docket No. FAA-2015-5303: see 

also Exemption No. 14492 / Regulatory Docket No. FAA-2015-5282), National policy set by 

Congress favors early integration of UAS into the NAS in controlled, safe working 

environments. By granting this petition, the FAA will fulfill Congress’s intent of allowing UAS 

to operate safely in the NAS before completion of the rulemaking required under Section 333 of 

the Reform Act.
Richard L. Hendrickson, Esq.

filing@333exemptionexperts.com

(856) 912-4908

16

Therefore, based on the above, it is in the public interest for the FAA to grant the request 

exemptions for Fixed Flight LLC.

VIII. PRIVACY

All Fixed Flight LLC flight operations will be conducted in accordance with any federal, 

state or local laws regarding privacy. All flights over private property will be made with the 

property owner’s prior consent and knowledge. Individuals captured in video or photographs will 

be made anonymous unless they have consented to be included in the video or photographs. All 

flights over public property will be made with the prior approval of the applicable local, state, 

and federal authorities.

IX. NATIONAL SECURITY 

Given the small size of the UAS involved and the restricted environment within which 

they will operate, our petition presents no national security issue. Furthermore, the security 

screening conducted by the Transportation Security Administration of certified pilots satisfies 

the statutory requirement of Section 333 for operations to not pose a threat to national security.

X. SUMMARY FOR FEDERAL REGISTER

Pursuant to 14 C.F.R. Part 11, the following summary is provided for publication in the 

Federal Register, should it be determined that publication is needed:

Fixed Flight LLC seeks an exemption from the following rules in order to provide aerial 

imaging, photography, videography and cinematography: 14 C.F.R Part 21, Subpart H; 14 C.F.R 

Part 27; 14 C.F.R § 45.23(b); 14 C.F.R. § 45.27(a); 14 C.F.R § 61.113; 14 C.F.R § 91.7(a); 14 

C.F.R § 91.9(b)(2); 14 C.F.R § 91.9(c); 14 C.F.R § 91.103; 14 C.F.R § 91.119; 14 C.F.R § 

91.121; 14 C.F.R § 91.151(a) & (b) 14 C.F.R § 91.203 (a) & (b); 14 C.F.R § 91.405(a); 14 C.F.R 

§ 91.407(a)(l); 14 C.F.R § 91.409(a)(2); 14 C.F.R § 91.417 (a) & (b).

The proposed exemptions in this Petition will provide a higher level of safety than the 

current Federal Aviation Regulations promote because of the performance limitations, relative 

small size, and lack of liquid fuels in the proposed UAS. Moreover, Fixed Flight LLC will 

conduct flight operations according to the extensive procedures outlined above that also 

contribute to a higher level of safety than the current Federal Aviation Regulations promote.

XI. CONCLUSION
Richard L. Hendrickson, Esq.

filing@333exemptionexperts.com

(856) 912-4908

17

Based on the above considerations, and in compliance with 14 C.F.R. § 11.81, Fixed 

Flight LLC respectfully requests that the FAA grant exemptions for the above-listed Federal 

Aviation Regulations because Fixed Flight LLC’s proposed flight operations would not 

adversely affect safety and the exemption will exceed the level of safety of the current Federal 

Aviation Regulations. Moreover, granting the exemptions will be in the public interest because 

it will make aerial videography/photography widely available to Fixed Flight LLC’s local 

Hawaiian community.

Very Truly Yours,

 /s/ Richard Hendrickson, Esq.

 333 Exemption Experts

On Behalf of,

/s/ Graham Henderson

Fixed Flight, LLC