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 operator 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 ground 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 consists of a lightweight battery operated 

aircraft, ground control station, and associated data link equipment. The E384 airframe is constructed of 
EPO 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 drives an electric propeller. It is hand 

launched, has a maximum flight time of 100 minutes, and operates at a cruising speed up to 29 mph. 

The ground control station consists 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 

mapping, 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., the frame is made of strong aluminum which keeps the UA light enough to maximize 

aerial mobility. 

The ground control station consists of a FlySky-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 inspections, real estate marketing, surveys and other flight operations that could be performed 

safely and more cost effectively with the use of sUAS 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 other 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 sUAS operations will be limited to daytime Visual Flight Rule (“VFR”) conditions, within 

visual line-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, Uncharted 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 Subpart 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 Aircraft 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 – Fuel 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, rebuilding, and alteration

14 C.F.R. 91.409 – Inspections

14 C.F.R. 91.417 – Maintenance records

1. Uncharted Pixel seeks exemption from the requirements of 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 sUAS 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 sUAS weighs less 

than 55 lbs. fully loaded. It will not carry a pilot or passenger, will not carry flammable 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 fuel, and the fact that the aircraft is carried to the location and not flown there all establish 

the equivalent level of safety. The sUAS provides at least an equivalent, and most likely exceeds, level of 

safety to that of such operations being conducted with conventional aircraft that would be substantially

larger and would be carrying passengers, cargo, and flammable fuel.
2. Uncharted Pixel seeks exemption from the requirements of 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 displayed 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,” “lightsport,” “experimental,” or “provisional,” as applicable.

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 sUAS has no entrance to the cabin, cockpit, or pilot station on which the markings can be placed. 

Given the size of the sUAS, two-inch lettering will be impossible. Official marking systems for sUAS have 

not yet been established for operations inside the NAS. Uncharted Pixel is prepared to mark the sUAS 

with the name of the organization 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 sUAS will see 

the identification of the sUAS.

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

10167A and 10700.

3. Uncharted Pixel seeks exemption from the requirements of 14 CFR § 61.113(a) & (b); Private Pilot 

Privileges and Limitations; 

This regulation 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 hire. 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 sUAS operation 

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

to have a Commercial Pilot Certificate 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 sUAS operations are involved.

The equivalent level of safety are the restrictions Uncharted Pixel has placed on its sUAS 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 be 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 

aircraft operators but also in the unique aspects of sUAS 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 commercial 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 of 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 seeks exemption from the requirements of 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 sUAS without an airworthiness 

certificate, no standard will exist for airworthiness of the sUAS. Given the size of the sUAS and the 

previous COAs issued for similar sUAS, an equivalent level of safety will be achieved by ensuring 

compliance with the given sUAS manuals and use of safety checklists prior to each flight.

5. Uncharted Pixel seeks exemption from the requirements of 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 sUAS, they have no ability 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 manual at the ground control point 

where the PIC flying the sUAS 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 seeks exemption from the requirements of 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, landing and 

takeoff distances and aircraft performance data before initiation of flight.

7. Uncharted Pixel seeks exemption from the requirements of 14 CFR § 91.109: Flight Instruction
Section 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 instruction 

requirements of 14 C.F.R. § 91.109(a). 

Given 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 

sUAS, 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 flight instruction in experimental aircraft. See Exemption 

Nos. 5778K & 9862A.

8. Uncharted Pixel seeks exemption from the requirements of 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 of safety will be achieved given the size, weight, speed, and material with which 

sUAS 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 affected 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 currently allowed with conventional aircraft operating at or below 500 feet AGL. Indeed, the 

low-altitude operations of the sUAS will maintain separation between these sUAS operations and the

operations of conventional aircraft that must comply with Section 91.119.

9. Uncharted Pixel seeks exemption from the requirements of 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 sUAS have a barometric pressure sensor, while others only use GPS for elevation or altitude. 

When a barometric pressure sensor is on the sUAS, 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 sUAS 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 seeks exemption from the requirements of 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 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.”

The different sUAS batteries provide a variety of powered flight 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 without compliance 

with 91.151(a)). Operating the sUAS, 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 sUAS operates. 

The fact that it carries no pilot, passenger, 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 believes 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 sUAS 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 seeks exemption from the requirements of 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 sUAS 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 sUAS. 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 control point 

where the PIC flying the sUAS 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 seeks exemption from the requirements of 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 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 ...” 

Section 91.407 similarly makes reference to requirements 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 

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

to service.

The sUAS 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 rotor integrity

3. Check charge of all batteries (aerial vehicle, command station, radio repeater station)

An equivalent level of safety will be achieved because the sUAS is small in size, will carry no external 

payload, will operate only in restricted predetermined areas and is not a complex mechanical devise. 

The operator of the sUAS 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 operator 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 sUAS can land immediately due to the pre-determined area of operation. 

Moreover, the sUAS'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 aircraft and rotorcraft performing the same operation.

Public Interest

Approval of this exemption for commercial operations will enhance safety by reducing risk. Use of the 

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

compared 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

reduced 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 sUAS will 

minimize the risk to persons attempting to climb these structures and photograph problem 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 pipelines travel in areas that are hard to reach by vehicle or foot and if an area is 

suspected of having problems the sUAS 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