June 16 , 2015

U.S. Department of Transportation Docket Management System 1200 New Jersey Ave., SE Washington, DC 20590

Uncharted Pixel

Joseph Moore , Managing Partner
1723 Clarice St Nacogdoches, TX 75964

903

- 720

- 1303 joe.moore @ unchartedpixel .com

Juddson Culpepper , Managing Partner 19622 Ruggles Ct. Flint, TX 75762

903

- 707

- 4499 juddson.culpepper@ unchartedpixel .com

Re: Exemption Request Section 333 of the FAA Reform Act of 2012

Attachments:

1. 3DR

– X8 + Operation Manual

2. 3DR

– X8 + Preflight Checklist

3. Event 38

– E384 Pre

- Field Checklist

4. Event 38

– E384 Preflight Checklist

5. Event 38

– E384 Flight Procedure

To whom it may concern,

Pursuant to Section 333 of the FAA Modernization and Reform Act of 2012, Juddson Culpepper and Joseph Moore doing business as Uncharted Pixel , an ope rator of small Unmanned Aircraft Systems (sUAS), respectfully request an exemption from the Federal Aviation Regulations (“FARs”) detailed below for the following described small Unmanned Aircraft Systems, which include an Unmanned Aircraft (UA) and groun d station‐based equipment and crew:

Event 38

– E384 Fixed Wing

The E384 is a versatile aerial platform designed and built for photogrammetry and mapping. It is commonly used for Agriculture, Surveying, Environmental Surveys and Mining. The E384 UAS is manufactured by Event 38 located in Akron, Ohio. The system consist s of a lightweight battery operated aircraft, ground control station, and associated data link equipment. The E384 airframe is constructed ofEPO foam with a carbon fiber tail and weighs 5. 9 lbs. with a wingspan of 6.2 ft. and total length of 4. 3 ft.

The E384 is powered by one 8.0 Ah lithium

- polymer battery that drive s an electric propeller. It is hand launched, has a maximum flight time of 100 minutes, and operates at a cruising spee d up t o 29 mph.

The ground control station consi st s of a Spektrum DX5e with AR610 Receiver, PC computer , 3DR Telemetry Radios and Ground Station software . If the E384 loses link with the ground control station or detects a low battery state at any time it will initiate a return

- to

- launch sequence. For additional information on the E384, reference E384 Flight Procedures

.

3D Robotics

– X8+ Quadcopter

The X8+ quadcopter is geared towards aerial photo, filming and inspections. It can also be used for aerial mappi ng, but due to lower flight time, it limits the area of coverage. The X8+ quadcopter is manufactured by 3D Robotics. The system has an average flight time of 14 minutes, can fly at very low altitudes and at slow speeds which is hard to accomplish with a fixed wing UAS. The X8+ quadcopter weighs 5.6 lbs., t he frame is made of strong aluminum which keeps the UA light enough to maximize aerial mobility.

The ground co ntrol station consist s of a F ly S ky

- TH9S with FrSky telemetry module , 3DR Telemetry
Radios and Ground Station software. If the X8+ loses link with the ground control station or detects a low battery state at any time it will initiate a return

- to

- launch sequence. For additional information on the X8+, reference X8+ Operation Manual.

Description of Proposed Operations

The requested exemption would permit commercial operations of Uncharted Pixel

, the ability to perform precision aerial inspections or surveys that consist of still photographs or video taken by an
onboard camera. Operations and applications we seek for these sUAS and associated data processing functions include aerial photography, mapping, structural inspections, pipelines and other oil and gas related inspec tions, real estate marketing, surveys and other flight operations t hat could be performed safely and more cost effectively with the use of s UAS at low altitude within the U.S. national airspace system as compared to a manned aircraft. Use of sUAS for these operations reduces the need to operate
conventional aircraft or ot her equipment for the same purpose and provides very high quality imagery
at a fraction of the cost of the same operations using conventional means. Likewise, inspections of structures can be safely performed without endangering the inspector or inhibiting local industrial or public operations with ladders, lifts or other equipment. These savings result in enhanced efficiency and productivity for the affected activities, as well as environmental benefits and potential savings in both cost and hazards to the public.

The proposed s UAS operations will be limited to daytime Visual Flight Rule (“VFR”) conditions, within
visual lin e

- of

- sight ("VLOS") of the operator, in Class G airspace, and will occur at least 5 miles away from an airport , unless prior contact to Air Traffic Control or the airport manager has been made . In addition to the fail safe systems programmed in each UAS, U ncharted Pixel incorporates redundant safeguards to assure that the aircraft does not travel outside the controlled area of UAS operations, including GPS "geo

- fencing" technologies.

Regulations from which exemption is requested:14 C.F.R. Part 21 Subpar t H

- Airworthiness Certificates

14 C.F.R. 45.23

- Display of marks; general

14 C.F.R. 61.113 (a) & (b)

- Private pilot privileges and limitations: Pilot in command

14 C.F.R. 91.7 (a)

– Civil Aircraft Airworthiness 14 CFR § 91.9(b) (2): Civil Aircraf t Flight Manual in the Aircraft

14 C.F.R. 91.9 (c)

– Marking of Aircraft

14 C.F.R. 91.103

– Preflight Actions

14 C.F. R. 91.109

– Flight instruction

14 C.F.R. 91.119

– Minimum safe altitudes: General

14 C.F.R. 91.121

– Altimeter settings

14 C.F.R. 91.151

– Fu el requirements for flights in Visual Flight Rules (VFR) conditions

14 C.F.R. 91.203 (a)(1)

– Civil aircraft: certification required

14 C.F.R. 91.405

– Maintenance required

14 C.F.R. 91.407

– Operation after maintenance, preventative maintenance, rebuildin g, and alteration

14 C.F.R. 91.409

– Inspections

14 C.F.R. 91.417

– Maintenance records

1. Uncharted Pixel s eeks e xemption from t he r equirements o f 14 CFR Part 21, Subpart H:
Airworthiness Certificates and 14 CFR § 91.203(a ) ( 1)

Section 91.203(a ) ( 1) requires all civil aircraft to have a certificate of airworthiness. Part 21, Subpart H, entitled Airworthiness Certificates, establishes the procedural requirements for the issuance of airworthiness certificates as required by FAR § 91.203(a)(1). Given the size of the aircraft (typically
less than 10 lbs., and always less than 55 lbs.) and the limited operating area associated with its utilization, it is unnecessary to go through the certificate of airworthiness process under Part 21 Subpart
H to achieve or exceed current safety levels.

Such an exemption meets the requirements of an equivalent level of safety under Part 11 and
Section 333 of the Reform Act. The Federal Aviation Act and Section 333 of the Reform Act both authorize the FAA to exempt aircraft from the requirement for an airworthiness certificate, upon consideration of the size, weight, speed, operational capability, and proximity to airports and populated
areas of the UAS involved.

In this case, an analysis of these criteria demonstrates that the s UAS operated without an airworthiness certificate, under the conditions proposed herein, will be at least as safe, or safer, than a conventional aircraft (fixed wing or rotorcraft) with an airworthiness certificate. The s UAS weighs less
than 55 lbs. f ully loaded. It will not carry a pilot or passenger, will not carry f lammable fuel, and will operate exclusively within an area pre

- disclosed and in compliance with conditions set forth herein. Operations under this exemption will be tightly controlled and monitored by both the operator , and by local public safety requirements. The FAA will have advance notice of all operations through the filing of NOTAMs. Receipt of the prior permission of the land owner, the size of the aircraft, the lack of
flammable fu el, and the fact that the aircraft is carried to the location and not flown there all establish the equivalent level of safety. The s UAS provides at least an equivalent, and most likely exceeds, level of safety to that of such operations being conducted wi th conventional aircraf t that would be substantially larger and would be carrying passengers, cargo, and flammable fuel.2. Uncharted Pixel s eeks e xemption from t he r equirements o f 14 CFR § 45.23 & 91.9(c): Marking of

the Aircraft

Regulation 45.23 provides: (a ) Each operator of an aircraft must display on that aircraft

, marks consisting of the Roman capital letter “N” (denoting United States registration) followed by the registration number of the aircraft. Each suffix letter used in the marks displ ayed must also be a Roman capital letter. (b) 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 ap plicable.

Regulation 91.9(c) provides: No person may operate a U.S.

- registered civil aircraft unless that aircraft is identified in accordance with part 45 of this chapter.

The s UAS has no entrance to the cabin, cockpit, or pilot station on which the mar kings can be placed.
Given the size of the s UAS, two

- inch lettering will be impossible. Official marking systems for s UAS have not yet been established for operations inside the NAS. Uncharted Pixel is prepared to mark the s UAS with the name of the organiz ation and location or origin and fulfill any other request by the FAA to this topic in accordance to § 45.29(f) where the pilot, observer, and others working with the s UAS will see
the identification of the s UAS.

The FAA has issued the following exemptions to this regulation; see Exemption Nos. 8738, 10167,
10167A and 10700.

3

. Uncharted Pixel s eeks e xemption from t he r equirements o f 14 CFR § 61.113(a) & (b); Private Pilot Privileges and Limitations;

This regula tion restricts private pilot certificate holders 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 the airspace in which the PIC will be operating, as well as requiring certifications if the private pilot is carrying passengers or cargo for hi re. In this case, while the sUAS will be operated as part of a commercial operation, it carries neither passengers nor cargo. In the Grant of Exemption to Astraeus Aerial, the FAA determined that the unique characteristics of s UAS operation outside of controlled airspace did not warrant the addition al cost and restric tions with requiring the PIC
to have a Commercial Pilot Certifica te and Class II Medical Certificate. The fulfillment of the additional requirements for a private pilot to become qualified as a commercial pilot would not lead to any additional safety benefits when s UAS operations are involved.

The equivalent level of s afety are t he restrictions Uncharted Pixel has placed on its s UAS operations

. Uncharted Pixel will operate on private property away from persons and property not involved in the operation. Uncharted Pixel will also obtain an ATO issued COA prior to conducting any operations under this Grant of Exemption. All operations will be conducted in accordance with airspace requirements in the ATO issued COA including class of airspace, altitude level and potential transponder requirements. A
NOTAM will also b e issued as required by the applicable COA.In addition to these flight restrictions, Uncharted Pixel will further ensure safe operation by requiring

that any PIC be thoroughly versed not only in airspace and communication issues pertaining to all
aircraf t operators but also in the unique aspects of s UAS flight. Our PICs will have experience not only in general sUAS operations, but have logged flight time in the specific make and model used for the operations before they are permitted to participate in com mercial flights on behalf of Uncharted Pixel

. Uncharted Pixel pilots are competent and proficient in the UAS they are operating. Uncharted Pixel’s training and qualification requirements are consistent with those contained in prior FAA Section 333

Grants o f Exemption, and will provide a higher level of competency and proficiency for its pilots and will ensure at least an equivalent level of safety.

4

. Uncharted Pixel s eeks e xemption from t he r equirements o f 14 CFR § 91.7(a): Civil aircraft
airworthiness.

This regulation requires that no person may operate a civil aircraft unless it is in airworthy condition. Should the exemption be granted allowing commercial operation of s UAS without an airworthiness certificate, no standard will exist for airworthiness of the s UAS. Given the size of the s UAS and the previous COAs issued for similar s UAS, an equivalent level of safety will be achieved by ensuring compliance with the given s UAS manuals and use of safety checklists prior to each flight.

5

. Uncharted Pixel s eeks e xemption from t he r equirements o f 14 CFR § 91.9(b) (2): Civil Aircraft Flight
Manual in the Aircraft.

The regulation provides: No person may operate a U.S.

- registered civil aircraft ... (2) For which an Airplane or Rotorcraft Flight Manual is not 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.

Given the size of s UAS, they have no abilit y or place to carry such a flight manual on the aircraft, not only because there is no pilot on board, but because there is no room or capacity to carry such an item
on the aircraft. The equivalent level of safety will be achieved by keeping the flight man ual at the ground control point
where the PIC flying the s UAS will have immediate access to it. The FAA has issued to others the following exemptions to this regulation: Exemption Nos. 8607, 8737, 8738, 9299, 9299A, 9565, 9565B, 10167, 10167A, 10602, 32827 , and 10700.

6

. Uncharted Pixel s eeks e xemption from t he r equirements o f 14 CFR § 91.103: Preflight action

This regulation requires each PIC to take certain actions before flight to insure the safety of flight. As FAA approved rotorcraft flight manuals will not be provided for the aircraft an exemption will be needed. An equivalent level of safety will be provided by following a comprehensive preflight checklist. The PIC will take all actions including reviewing weather, flight battery requirements, land ing and takeoff distances and aircraft performance data before initiation of flight.

7

. Uncharted Pixel s eeks e xemption from t he r equirements o f 14 CFR § 91.10 9: Flight InstructionSection 91.109(a), which provides in pertinent part that "[n]o person may operate a civil aircraft (except

a manned free balloon) that is being used for flight instruction unless that aircraft has fully functioning
dual controls." sUAS and remotely piloted aircraft, by their design, do not have functional dual controls. Instead, flight control is accomplished through the use of a device that communicates with the aircraft via radio communications. Accordingly, an exemption will be required for the flight in struction requirements of 14 C.F.R. § 91.109(a).

G iven the size and speed of the sUAS that Uncharted Pixel intends to use, an equivalent level of safe training can still be performed without dual controls because no pilot or passengers are aboard the

s UA S, and all persons will be a safe distance away in the event that the UAS experiences any difficulties during flight instruction. The FAA has approved exemptions for flight training without fully functional
dual controls for a number of aircraft and for fl ight instruction in experimental aircraft. See Exemption
Nos. 5778K & 9862A.

8

. Uncharted Pixel s eeks e xemption from t he r equirements o f 14 CFR § 91.119: Minimum Safe
Altitudes

Section 91.119 establishes safe altitudes for operation of civil aircraft. Specifically, 91.119(c) limits aircraft flying over areas other than congested areas to 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 aerial survey, mapping and inspection work must be accomplished at relatively low altitudes and at altitudes less than 500 feet AGL, an exemption from Section 91.119(c) is needed.

The equivalent level o f safety will be achieved given the size, weight, speed, and material with which

s UAS are built. Also, no flight will be taken without the permission of the land owner or those who control the land. Because of the advance notice to the landowner, all affec ted individuals will be aware of the flights. Compared to aerial survey operations conducted with aircraft or rotorcraft weighing far more than 55 lbs. and carrying flammable fuel, any risk associated with these operations will be far less
than those curre ntly allowed with conventional aircraft operating at or below 500 feet AGL. Indeed, the
low

- altitude operations of the s UAS will maintain separation between these s UAS operations and the operations of conventional aircraft that must comply with Section 91. 119.

9

. Uncharted Pixel s eeks e xemption from t he r equirements o f 14 CFR § 91.121: Altimeter Settings

Section 91.121 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 or barometric pressure.
Some s UAS have a barometric pressure sensor, while others only use GPS for elevation or altitude. When a barometric pressure sensor is on the s UAS, it is typically “zeroed” at the point of take

- off ; this is right next to the PIC and not at a departure airport. The altitude reading will be relative to that point (on the ground) and not a known elevation.The equivalent level of safety will be achieved by the PIC confirming the elevation or altitude of the

launch site. The altitude of the s UAS will also be displayed via telemetry on the Ground Station and will be constantly monitored by the PIC during the entire flight operation.

10

. Uncharted Pixel s eeks e xemption from t he r equirements o f 14 CFR § 91.151(a): Fuel Requirements for Flight in VFR Conditions

This regulation 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 fir st 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.”

The different s UAS batteries provide a variety of powered fl ight times. An exemption from § 14 CFR 91.151 is therefore required.

The applicant believes that an exemption from 14 CFR § 91.151(a) is safe and within the scope of a prior exemption. See Exemption 10673 (allowing Lockheed Martin Corporation to operate withou t compliance with 91.151(a)). Operating the s UAS, without 30 minutes of reserve fuel does not prompt the type of risks that Section 91.151(a) was meant to prevent given the size and speed at which the s UAS operates. The fact that it carries no pilot, passe nger, or cargo also enhances its safety. In the unlikely event that
the battery on the sUAS should run out , it would simply land. Given its weight and construction material,
the risks are less than contemplated by the current regulation.

The applicant bel ieves that an equivalent level of safety can be achieved by maintaining 20% of reserve fuel (or battery ) , which would be more than adequate to return the s UAS to its planned landing zone from anywhere in its operating area.

The FAA has granted similar exemptions to others, including Exemptions 2689F, 5745, 10673 and 10808.

11

. Uncharted Pixel s eeks e xemption from t he r equirements o f 14 CFR § 91.203 (a) & (b): Carrying Civil Aircraft Certification and Registration

This regulation provides as follows: (a) ... no person may operate a civil aircraft unless it has ... 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.

The s UAS fully loaded typically weighs less than 10 lbs., and always less than 55 lbs. As such, there is no ability or place to carry certification and registration documents or to display them on the s UAS. In
addition , there is no pilot on board the aircraft.

An equivalent level of safety will be achieved by keeping these documents at the ground co ntrol point
where the PIC flying the s UAS will have immediate access to them. The FAA has issued numerous exemptions to this regulation. A representative sample of other exceptions includes Exemption Nos. 9565, 9665, 9789, 9789A, 9797, 9797A, 9816A, and 10700.12

. Uncharted Pixel s eeks e xemption from t he r equirements o f 14 CFR § 91.405(a); 407(a ) (1);

409(a ) (1 ) and (2) ; 417(a) and (b) : Maintenance Inspections

Section 91.405(a) requires that an aircraft operator or owner “shall have that aircraft inspecte d 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 ...” Section 91.407 similarly makes reference to req uirements in Part 43; Section 91.409(a)(2) requires an annual inspection for the issuance of an air worthiness certificate. Section 91.417(a) requires the owner or operator to keep records showing certain maintenance work that has been accomplished by

cert ificated mechanics, under Part 43, or licensed pilots and records of approval of the aircraft for return

to service.

The s UAS are nearly maintenance free, they perform automatic pre

- flight checks and the failure of any check will prevent take

- off. Checks which cannot be done by the system will be performed by a qualified person prior to each flight and at predefined intervals as part of a maintenance schedule.

Pre

- flight checklist includes: 1. Visual inspection of the airframe 2. Visual inspections of rot or integrity 3. Check charge of all batteries (aerial vehicle, command station, radio repeater station)

An equivalent level of safety will be achieved because the s UAS is small in size, will carry no external payload, will operate only in restricted predetermined areas and is not a complex mech anical devise. The operator of the s UAS will ensure that it is in working order prior to initiating flight, perform required maintenance, and keep a log of any maintenance that is performed. Moreover, the operat or is the person most familiar with the aircraft and is best suited to maintain the aircraft in an airworthy condition and to ensure an equivalent level of safety.

If mechanical issues arise, the s UAS can land immediately due to the pre

- determined area of operation. Moreover, the s UAS's small size, carrying capacity, and the fact that flight operations will only take place in restricted areas for limited periods of time, create less risk than the same factors associated with
conventional fixed

- wing aircraf t and rotorcraft performing the same operation.

Public Interest

Approval o f this exemption for commercial operations will enhance safety by reduc ing risk. Use of the

s UAS in lieu of a manned aircraft would enhance safety and reduce the environmental impact as

c ompared to similar operations conducted with manned aircraft that weigh in excess of 6,000 lbs., carrying a crew and flammable fuel. Such aircraft must fly to and from the project location. In contrast, a sUAS weighing less than 10 lbs. and powered by batteries

, eliminates virtually all of that risk given the

r educed mass and lack of combustible fuel carried on board. The sUAS is carried to the target area and
not flown. The sUAS will carry no passengers or crew and, therefore, will not expose them to the risks associated with manned aircraft flights.In regards to performing inspections of various structures , and natural gas pipelines the s UAS will

minimize the risk to persons attempting to climb these structures and photograph pro blem areas. It will provide a way for companies to have their engineers review photographs and provide additional safety
to the general public in regard to structure failure or natural gas pipelines having structural issues. Many of the natural gas pipelin es travel in areas that are hard to reach by vehicle or foot and if an area is suspected of having problems the s UAS will allow for an easier and safer assessment.

Conclusion

Uncharted Pixel respectfully requests that the FAA grant the requested exemption and are prepared to modify or amend any part of this request to satisfy the need for an equivalent level of safety. We look forward to working with your office. If additional information or clarification is needed, please feel free

to contact us

.

Respectfully Submitted,

Uncharted Pixel Joseph Moore

, Managing Partner Juddson Culpepper , Managing Partner