Richard L. Hendrickson, Esq. filing@333exemptionexperts.com (856) 912

- 4908

1 February 9 , 201 6

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 F AA 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 exem ption from the Federal Aviation Regulation s (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 R egulations 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)Richard L. Hendrickson, Esq. filing@333exemptionexperts.com (856) 912

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2 • 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 § 91.4 17 (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
airc raft 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 na tional airspace system (NAS), the pu blic

, or pose a threat to national security based on the following considerations:

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

• P roximity 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 r equesting 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 FLI GHT 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.
Fixe d 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.Richard L. Hendrickson, Esq. filing@333exemptionexperts.com (856) 912

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3 Fixed Flight LLC will be able to provide aerial real estate videog raphy 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 T ime : approximately 18 minutes (depending on payload)

.

• Power Source: one LiPo 6S Hi gh voltage battery with a voltag e of 22.2 V. The battery’s capacity is 4500 mAh.

• Weight: approximately 6.47 pounds (2 935 g).

• Dimensions: 17.24 in. x 17.75 in. x 11.85 in. (438 mm. x 451 mm. x 301 mm.)Richard L. Hendrickson, Esq. filing@333exemptionexperts.com (856) 912

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4 • Maximum Speed: approximate ly 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 previous ly granted exemptions, including, e.g., Exemption No. 11463, Docket No. FAA

- 2015

- 0237.

2. DJI Spreading Wings S 900

The DJI Spreading Wings S 900 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 vol tage 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 S 900 has been included in previous ly granted exemptions, including, e.g., Exemption No. 11400, Docket No. FAA

- 2015

- 0155.

3. DJI Spreading Wings S 1000

The DJI Spreading Wings S 1000 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).Richard L. Hendrickson, Esq. filing@333exemptionexperts.com (856) 912

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5 • 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 S 1000 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 specific ations:

• 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 le ast 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 di stance. 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 wi ll 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 abo ve 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 un less prior permission is obtained.Richard L. Hendrickson, Esq. filing@333exemptionexperts.com (856) 912

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6 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 c ontact 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 prio r 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 t he flight response will be tested if a hard landing or cra sh 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 pre

determined l ocation 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 oper ate within the limitations and performance specifications listed in the respective user manuals of the proposed UAS. These limitations provid e for a higher level of safety for flight operations than the current regulatory structure because the proposed fli ght 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 runway s, 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, t he motors, rotors, propeller s, body/frame, landing pads, and other comp onents for the UAS in this petition are hobby

- grade

. Their e ngineering and design
allows effective layman maintenance. Moreover, any potential damage that could be caused byRichard L. Hendrickson, Esq. filing@333exemptionexperts.com (856) 912

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7 any of the UAS in this petition is significantly less than the potential damage f rom 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.

Fi fth, 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, t he 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 st and

- 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, c ompared to manned aircraft, using the UAS included in this petition reduce s the risk to participating and nonparticipating persons in close proximit y 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 A VIATION EXEMPTIONS REQUESTED

Fixed Flight LLC seeks an exemption from several interrelate d 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 safeguar ds 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).Richard L. Hendrickson, Esq. filing@333exemptionexperts.com (856) 912

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8 A. 14 C.F.R. § 91.119

– Prohibition of Flight in Congested Areas

.

Fixed Flight LLC requests modification, waiver or e xemption 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 i n 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 th e 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 ne eded. 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. T he UAS include d 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 ha ve cabin s 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 s afe when taking into account
their relative size, weight, speed, and operational capability wh en 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 c ertificate 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 rotorcr aft. To the extent that the UAS in this Petition w ill 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 Exempti on to Astraeus Aerial, Docket No. FAA 2014

- 0352 at 13

- 14, 22.Richard L. Hendrickson, Esq. filing@333exemptionexperts.com (856) 912

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9 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
ide ntified 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 pa rt 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 practi cable.

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

cer tificate. 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.Richard L. Hendrickson, Esq. filing@333exemptionexperts.com (856) 912

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10 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 U AS will be operated as part of a commercial operation, they carr y neither passengers nor cargo. T he 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 cont rolled 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 pi lot covers the same fundamental principles as a private pilot. Further, t he 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 a irmanship 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. FAA

2014

- 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 wil l 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, t he PIC will possess at least a sport pilot’s license. As such, the proposed operations will achieve an equi valent 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 F light 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 fo und 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.Richard L. Hendrickson, Esq. filing@333exemptionexperts.com (856) 912

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11 G. 14 C.F.R. § 91.9(b)(2): Civil Aircraft Flight Ma nual 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 Rot orcraft 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 cu rrent airworthiness certificate.

(b)No person may operate a civil ai rcraft 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 d oes 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 Exemp tion No. 11062, pp. 19

- 20, and Grant of Exemption No. 8607.Richard L. Hendrickson, Esq. filing@333exemptionexperts.com (856) 912

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12 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 a n equivalent level of safety by having the PIC attain a working knowledge of the provisi ons 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

c ontingency 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 requ irements of 14 C.F.R. § 91.119(c). This section prescribes that an air craft 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 fli ght 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 roto rcraft 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 air craft. 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, i n order to avoid any risk to manned aircraft, flight operations will be restrict ed to

4 00 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 lev el by reference to an altimeter that is set to the elevation of the departure airport. The proposed UAS use both barometric pressure
sensors and G PS to determine altitude but do not have an altimeter. An exemption is required to
the extent that the propose d 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.Richard L. Hendrickson, Esq. filing@333exemptionexperts.com (856) 912

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13 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 compl y with the limitations in t he 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

.

Fix ed 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 condit ions) 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 li mitations on the proposed UAS battery power means that no meaningful flight operations can be conduct ed 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 mi nutes. 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 2 5% battery life remaining or thre e minu tes 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.Richard L. Hendrickson, Esq. filing@333exemptionexperts.com (856) 912

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14 Fixed Flight LLC seek s 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 a nd 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 requirement s 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 pur poses 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 p ilot, 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 c hapter”).

15 See Exemption No. 11062, Docket No. FAA 2014

- 0352, at p. 14

- 15.Richard L. Hendrickson, Esq. filing@333exemptionexperts.com (856) 912

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15 Allowing Fixed Flight LLC to make and sell aerial videos and photographs with UAS
will make th e 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 loc al 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 t o 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 empl oyment 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 UA S 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 Environment ally 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 les s 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

- 20 15

- 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

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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 fli ghts over private property will be made with the property owner’s prior consent and knowledge. Individua ls 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, vid eography 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 performanc e 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. CONCLUSIONRichard L. Hendrickson, Esq. filing@333exemptionexperts.com (856) 912

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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 Fl ight 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 ae rial 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