July 8, 2015 

U. S. Department of Transportation Docket Management 

System

1200 New Jersey Ave., SE Washington DC 20590 

Re: Exemption Request Pursuant to Section 333 of the FAA

Reform Act and Part 11 of the Federal Aviation Regulations 

from: 14 CFR 61.113(a) and (b); 91.103; 91.119(c); 91.121; 

91.151(a); 91.405(a); 91.407(a)(1); 91.409 (a)(1) and (2); 

91.417(a) and (b). 

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, 

HighGround Images, LLC, an operator of Small Unmanned 

Aircraft Systems (“sUASs”) for aerial image acquisition including 

but not limited to, the following industries: motion picture and 

television, real estate, short range inspection, mapping & survey, 

agriculture, search & rescue, hereby applies for an exemption 

from the Federal Aviation Regulations (“FARs”) to allow 

commercial operation of its sUAS. 

SH Publishing’s requested exemption would permit the operation 

of sUAS under controlled and secure conditions that is: (i) 

limited, (ii) predetermined, (iii) subject to controlled access, and 

(iv) provide greater safety in connection with aircraft operations. 

As established by the exemptions already granted by the FAA, 

approval of SH Publishing’s exemption would enhance safety 

and fulfill the Secretary of Transportation’s (the FAA 

Administrator’s) responsibilities to “...establish requirements for 

the safe operation of such aircraft systems in the national 

airspace system.” Section 333(c) of the Reform Act. 

The name and address of the applicant is: 

SH Publishing
James C Thompson III

Phone: 910-627-6037

Email: stayhomenc@gmail.com

Address: 2607 Andover Glen Rd, Raleigh N.C, 27604

Regulations from which the exemption is requested: 

14 CFR 61.113(a) and (b) 14 C.F.R. 91.103

14 C.F. R. 91.119

14 C.F.R. 91.121

14 CFR 91.151(a)

14 CFR 91.405(a)

14 CFR 407(a)(1)

14 CFR 409(a)(2)

14 CFR 417(a) and (b) 

The Phantom 2 Vision + operated by SH Publishing weighs less 

than 55 pounds, including the payload (i.e. camera, lens, and 

gimbal). They operate at speeds of no more than 50 knots, can 

hover, and can simultaneously move vertically and horizontally. 

SH Publishing will only operate its sUAS in line of sight and will 

operate only within the secure area described in the FOPM. 

Such operations will insure that the sUAS will “not create a 

hazard to users of the national airspace system or the public.” 

Given the small size of SH Publishing’ sUAS and the restricted 

secure environment within which it will operate, SH Publishing’ 

sUAS operations adhere to the Reform Act’s safety 

requirements. Additionally, due to the size of the sUAS,

permission from relevant property owners or other applicable 

parties, and the limited areas in which they will operate, approval 

of this application presents no national security issues. Based on 

the substantial level of safety surrounding the proposed 

operations, and the significant public benefit (enhanced safety), 

reduction in environmental impacts (reduced emissions and 

noise), the grant of the requested exemption is in the public 
interest. Accordingly, SH Publishing respectfully requests that 

the FAA grant the requested exemption. 

Aircraft And Equivalent Level Of Safety 

The operating limitations proposed by SH Publishing provide for 

at least an equivalent or higher level of safety because 

operations further enhance safety of aerial image collection 

using conventional aircraft. 

The limitations and conditions include: 

 The sUAS will weigh less than 55 pounds. Frequently far 

less. 

 Flights will be operated within line of sight of a pilot and/or 

observer. 

 Maximum flight time for each operational flight will be no 

more than 30 minutes. Flights will be terminated at no less 

than 25% battery power reserve should that occur prior to 

the 30 minute limit. 

 Flights will be operated at an altitude below 400 feet AGL, 

and not more than 200 feet above an elevated platform 

from which filming is planned. 

 Minimum crew for each operation will consist of the sUAS 

Pilot, the Visual Observer, and the Camera Operator. 

 A sUAS pilot will be an FAA licensed airman with at least a 

sport pilot’s certificate, and third class medical or valid US 

or Canadian drivers license. 

 A sUAS pilot will be Pilot in Command (PIC). 

 The sUAS will only operate within a confined secure area 

as defined in the FOPM. 

 A briefing will be conducted for planned sUAS operations 

prior to each day’s flight. All personnel performing duties 

within the boundaries of the safety perimeter are required 

to attend. 
 The operator will obtain consent of all persons involved in 

the filming and ensure that only consenting persons will be 

allowed within 500 feet of the flight operation. 

 The Pilot and observer must be trained in sUAS operations 

and have received current information on the particular 

sUAS to be operated as required by the FOPM. 

 The Observer and pilot will be able to communicate by 

voice and/or text at all times. 

 Written and/or oral permission from the relevant property 

holders will be obtained prior to flight operations. 

 All appropriate permissions and permits will be obtained 

from territorial, state, county, or city jurisdictions, including 

local law enforcement, fire, or other appropriate 

governmental agencies. 

 If the sUAS loses communications or loses its GPS signal, 

the sUAS will have the capability to return to a predetermined location within the secure perimeter and land. 

 The sUAS will have the capability to abort a flight in case of 

unpredicted obstacles or emergencies. 

14 C.F.R. § 61.113(a) and (b): Private Pilot Privileges and 

Limitations: 

Pilot in Command 

Sections 61.113 (a) and (b) limit private pilots to non-commercial 

operations. 

Because the sUAS will not carry a pilot or passengers, the 

proposed operations can achieve the equivalent level of safety of 

current operations by requiring the PIC operating the aircraft to 

have a private pilot’s license rather than a commercial pilot’s 

license to operate a sUAS. Unlike a conventional manned 

aircraft, a sUAS is remotely controlled by a ground-based 

operator. The operational area is controlled and restricted, and 

all flights are planned and coordinated in advance. The level of 

safety exceeds that provided by a single individual holding a 

commercial pilot’s certificate operating a conventional aircraft. 

The risks associated with the use of a sUAS are so diminished 
from the level of risk associated with commercial operations 

contemplated by Part 61 allowing sUAS use by a sport pilot as 

the PIC exceeds the present level of safety sought by 14 C.F.R. 

§61.113 (a) and (b). 

14 C.F.R. § 91.103: 

Preflight Action 

Section 91.103 requires each pilot to preflight an aircraft before 

flight to insure the safety of flight. 

As FAA approved rotorcraft flight manuals will not be used, an 

exemption is requested. However, an equivalent level of safety 

will be provided. The PIC will take all actions, including reviewing 

weather, flight battery requirements, landing and takeoff 

distances, and aircraft performance data before commencement 

of flight. 

14 C.F.R. §91.119(c): Minimum Safe Altitudes 

Section 91.119 establishes safe altitudes for operation of civil 

aircraft. Section 91.119 provides, in pertinent part, that: “except 

when necessary for takeoff or landing, no person may operate 

an aircraft below the following altitudes: ..... 

(c) Over other than congested areas. An altitude of 500 feet 

above the surface, except over open water or sparsely populated 

areas. In those cases, the aircraft may not be operated closer 

than 500 feet to any person, vessel, vehicle, or structure.” 

Because SH Publishing requests authority to operate at altitudes 

no higher than 400 AGL, and not more than 200 above an 

elevated platform from which filming is planned, an exemption is 

needed to allow such operations. Except for the limited 

conditions stated in the FOPM, the sUAS will never operate 

higher than 400 AGL. It will, however, be operated in a restricted 

area within a security perimeter, where buildings and people will 

not be exposed to operations without their pre-obtained consent. 
The equivalent level of safety will be achieved given the size, 

weight, and speed of the sUAS as well as the location where it is 

operated. No flight will be taken without the permission of 

property owners or local officials. Because of the advance notice 

to the property owners and participants in the filming activity, all 

affected individuals will be informed of the planned flight 

operations. Compared to flight operations for manned aircraft 

and the lack of flammable fuel, any risk associated with the 

proposed sUAS operations is far less than conventional aircraft 

operating at or below 500 AGL. In addition, the low-altitude 

operations of the sUAS will ensure separation between a sUAS 

and conventional aircraft. 

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

Section 91.121 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.” As a sUAS may not 

have a barometric altimeter, but instead a GPS altitude data, an 

exemption is needed. An equivalent level of safety will be 

achieved by the operator, pursuant to the FOPM and Safety 

Check list, confirming the altitude of the launch site shown on the 

GPS altitude indicator before flight. 

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

Conditions 

Section 91.151(a) prohibits an individual from beginning “a flight 

in an airplane under VFR conditions unless (considering wind 

and forecast weather conditions) there is 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 . . . .” 

The typical battery powering SH Publishing’ sUAS provides less 

than 30 minutes of powered flight. To meet the 30-minute 

reserve requirement in 14 CFR §91.151, sUAS flight would not 
be possible. Given the limitations on the sUAS’s proposed flight 

area and its proposed operations within a predetermined 

location, a longer time frame for flight in daylight VFR conditions 

is reasonable. Furthermore, operating the sUASs in a tightly 

controlled area where only people, property owners, or official 

representatives who have signed waivers will be allowed, less 

than 30 minutes of reserve fuel does not engender the type of 

risk that §91.151(a) was intended to address. 

SH Publishing believes that safety can be achieved by limiting 

flights to 30 minutes or 25% of battery power, whichever occurs 

first. This restriction would be more than adequate to return the 

sUAS to its pre- determined landing zone from anywhere in its 

limited operating area. 

14 C.F.R. §91.405 (a); 407 (a) (1); 409 (a) (2); 417(a) & (b): 

Maintenance Inspections 

These regulations require that an aircraft operator or owner shall 

“have that aircraft inspected as prescribed in subpart E of this 

part and shall between required inspections, except as provided 

in paragraph (c) of this section, have discrepancies repaired as 

prescribed in part 43 of this chapter...,” and others shall inspect 

or maintain the aircraft in compliance with Part 43. 

Given that these sections and Part 43 apply only to aircraft with 

an airworthiness certificate, these sections will not apply to SH 

Publishing’s operations. Maintenance will be accomplished by 

the operator. An equivalent level of safety will be achieved 

because the sUASs are limited in size, will carry a small payload 

and operate only in restricted areas for limited periods of time. If 

mechanical issues arise, the sUAS can land immediately and will 

be operating from no higher than 400 feet AGL. As provided in 

the FOPM, the operator will ensure that the sUAS is in working 

order prior to flight, perform any required maintenance, and keep 

a log of any maintenance performed. Moreover, the operator is 

the person most familiar with the sUAS and best suited to 

maintain it in an airworthy condition. 
Summary for Publication 

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: 

SH Publishing seeks an exemption from the following rules: 

14 C.F.R. §§ 61.113(a) and (b); 91.103; 91.119(c); 91.121; 

91.151(a); 91.405(a); 91.407(a)(1); 91.409(a)(2); and 91.417(a) 

and (b) to operate commercially a small unmanned vehicle (55 

pounds or less) in commercial image acquisition operations. 

As established by the sUAS exemptions already granted by the 

FAA, allowing commercial operations of sUASs in agriculture, 

real estate, inspection, S & R, and film industries will enhance 

safety by reducing risk. Conventional survey, agricultural, 

mapping, inspection, and film operations, using turbine aircraft, 

operate at low altitudes and present the risks associated with 

aircraft that weigh around 4,000 pounds, and which carry large 

amounts of Jet A fuel. Such aircraft must also fly to and from the 

target location. In contrast, a sUAS weighing fewer than 55 

pounds and powered by batteries eliminates virtually all of that 

risk given the small size and lack of combustible fuel. The sUAS 

is carried, and not flown, to target site. In this regard, the sUAS 

carries no passengers or crew and, therefore, will not expose 

them to the risks associated with manned flights. 

The operation of sUASs conducted in the strict conditions 

outlined in the FOPM will provide an equivalent level of safety 

supporting the grant of the exemption requested herein. The 

sUASs operate at slow speeds, close to the ground, and in a 

secure environment. As a result, they are far safer than 

conventional operations conducted with turbine helicopters flying 

near the ground and people. 

Privacy 
All flights will occur over private or controlled access areas with 

the property owner’s prior consent and knowledge. Recognizable 

images will only be recorded of people who have given their 

consent or otherwise have agreed to be in the area where active 

image acquisition will take place. 

Satisfaction of the criteria provided in Section 333 of the Reform 

Act of 2012 (size, weight, speed, operating capabilities, proximity 

to airports and populated areas and operation within visual line 

of sight and national security) provide more than adequate 

justification to grant SH Publishing’s requested exemption, 

allowing for SH Publishing’ sUAS commercial operations for the 

listed industries pursuant to the included FOPM. 

If you have any questions or need any additional information, 

please contact the undersigned by phone at 480 335 9242 or via 

email at whit@highgroundimages.com. 

Sincerely, 

James C Thompson Owner of SH Publishing