August 21, 2015

 Exemption No. 11581A

 Regulatory Docket No. FAA−2014−0874

Mr. Paul J. Fraidenburgh

Counsel for Mountain High Aviation, LLC

BachalterNemer

18400 Von Karman Avenue, Suite 800

Irvine, CA 92612-0514

Dear Mr. Fraidenburgh:

This letter is to inform you that we have granted your petition for an amendment. It explains 

the basis for our decision, describes its effect, and lists any changes to the original conditions 

and limitations.

By letter dated June 11, 2015, you petitioned the Federal Aviation Administration (FAA) on 

behalf of Mountain High Aviation, LLC (hereinafter petitioner or operator) for an amendment 

to your current exemption. That exemption from §§ 61.23(a) and (c), 61.101(e)(4) and (5), 

61.113(a), 61.315(a), 91.7(a), 91.119(c), 91.121, 91.151(a)(1), 91.405(a), 91.407(a)(1), 

91.409(a)(1) and (2), and 91.417(a) and (b) of Title 14, Code of Federal Regulations (14 CFR) 

allows the petitioner to operate a UAS to perform aerial data collection. You requested an 

amendment to add the DJI Phantom 3 aircraft.

In your petition, you indicate that there has been no change in the conditions and reasons 

relative to public interest and safety that were the basis for granting the original exemption.

The FAA has determined that good cause exists for not publishing a summary of the petition 

in the Federal Register because the requested amendment to the exemption would not set a 

precedent, and any delay in acting on this petition would be detrimental to the petitioner. The 

unmanned aircraft authorized in the original grant are comparable in type, size, weight, speed 

and operating capabilities to those in this petition.

Airworthiness Certification

In accordance with the statutory criteria provided in Section 333 of Public Law 112−95 in 

reference to 49 U.S.C. § 44704, and in consideration of the size, weight, speed, and limited 

operating area associated with the aircraft and its operation, the Secretary of Transportation 
2

has determined that this aircraft meets the conditions of Section 333. Therefore, the FAA 

finds that relief from 14 CFR part 21, Certification procedures for products and parts, 

Subpart H—Airworthiness Certificates, and any associated noise certification and testing 

requirements of part 36, is not necessary.

Our Decision

The FAA has determined that the justification for the issuance of Exemption No. 11581

remains valid and is in the public interest. Therefore, under the authority contained 

in 49 U.S.C. 106(f), 40113, and 44701, delegated to me by the Administrator, the operator is 

granted an amendment to add new aircraft to its UAS operations.

The operator shall add this amendment to its original exemption.

 

Conditions and Limitations

All conditions and limitations within Grant of Exemption No. 11581 remain in effect except 

as follows. Condition No. 1 has been updated to reflect the additional aircraft. 

Failure to comply with any of the conditions and limitations of this grant of exemption will be 

grounds for the immediate suspension or rescission of this exemption. 

1. Operations authorized by this grant of exemption are limited to the DJI S-1000, DJI 

Phantom 2, Riegl RiCopter, ARF-MikroKopter OktoXL, and DJI Phantom 3 when 

weighing less than 55 pounds including payload. Proposed operations of any other 

aircraft will require a new petition or a petition to amend this exemption.

This exemption terminates on May 31, 2017, unless sooner superseded or rescinded.

Sincerely,

/s/

John S. Duncan

Director, Flight Standards Service
18400 VON KARMAN AVENUE, SUITE 800 IRVINE, CALIFORNIA 92612-0514

TELEPHONE (949) 760-1121 / FAX (949) 720-0182

Direct Dial Number: (949) 224-6247

Direct Facsimile Number: (949) 224-6407

E-Mail Address: pfraidenburgh@buchalter.com

June 11, 2015

SUBMITTED ELECTRONICALLY (VIA REGULATIONS.GOV)

Mr. Dan Ngo

Office of Rulemaking

Aircraft and Airport Rules Division

Federal Aviation Administration

Re: Request for Amendment to Exemption No. 11581 on Behalf of Mountain High 

Aviation, LLC (Regulatory Docket No. FAA-2014-0874)

Dear Mr. Ngo:

This is a request for an amendment to the existing Section 333 Exemption No. 11581 to 

add additional aircraft to the exemption-holder’s authorized commercial operations. On May 14, 

2015, the FAA granted this Petition for Exemption to conduct commercial operations using small 

unmanned aircraft systems. The Petitioner now seeks an amendment to its exemption 

authorizing the operation of the DJI Phantom 3 aircraft as documented in the confidential and 

proprietary operations manuals submitted in support of this amendment request.

Thank you for your prompt attention to this matter. Please do not hesitate to contact me 

if you should have any questions.

Best regards,

BUCHALTER NEMER

A Professional Corporation

By

Paul J. Fraidenburgh

Counsel for Mountain High Aviation, LLC

Los Angeles • Irvine • San Francisco • Scottsdale

BN 18469061v1