North Point Holdings, Inc.

DBA North Point Outdoors

PO Box 925 - Derry, NH - 03038

Phone 603.289.8000 

Fax 888.828.8455

www.NorthPointOutdoors.com 

February 6, 2016

U. S. Department of Transportation

Docket Management System

1200 New Jersey Ave., SE

Washington, DC 20590

Re: North Point Holdings Inc. DBA North Point Outdoors. Petition for Exemption from certain Federal Aviation 

Regulations, Pursuant to Section 333 of the FAA Modernization and Reform Act of 2012. 

Dear Sir/Madam,

Pursuant to Section 333 of the FAA Modernization and Reform Act of 2012 (FMRA) and 14 C.F.R. Part 11, North Point 

Holdings Inc. DBA North Point Outdoors (North Point) is petitioning the Federal Aviation Administration (FAA) for an 

exemption from the Federal Aviation Regulations (FARs) requested below concerning small unmanned aerial systems

(UAS). Section 333 of the FMRA promotes UAS integration into the national airspace by granting the FAA authority to 

allow for the safe operation of certain UAS within the national airspace. 

North Point specializes in providing outdoor property services to residential and commercial cliental in New Hampshire, 

Massachusetts, Maine and Vermont. North Point utilizes crews and equipment to perform Large Scale Landscape 

Construction, Landscape Maintenance and Enhancement and other outdoor property services such as real estate 

beautification and development. North Point’s request for petition is to operate an unmanned aircraft system (UAS) to 

conduct aerial video and photography for corporate photography and videography, inspections, surveying, data 

collection, construction site and building videos, sports, real estate photography and videography, events, 

documentaries, and landscape. 

As shown below, North Point proposes to operate small UAS subject to restrictions and conditions that will ensure an 

equivalent level of safety and that are at least as stringent as those that FAA has found to be acceptable in its most 

recent grants of petitions under Section 333, including Exemption Nos. 14663 and 14674 issued on Feb 4, 2016. 

Further, this petition raises no national security or privacy concerns for the reasons discussed below. North Point 

therefore respectfully submits that prompt grant of this petition is warranted. As a data provider, North Point will not be 

analyzing or interpreting data; rather, North Point will solely provide remote sensing and aerial data collection in a safe 

and effective manner. For these purposes, North Point will utilize the DJI Model Phantom 3 Professional. This aircraft is 

familiar to the FAA and has been approved for use in Exemption No. 11711 issued on May 29, 2015. The detailed 

specifications of the DJI Phantom 3 Professional aircraft are listed in a section below. 
North Point Holdings, Inc.

DBA North Point Outdoors

PO Box 925 - Derry, NH - 03038

Phone 603.289.8000 

Fax 888.828.8455

www.NorthPointOutdoors.com 

North Point will use licensed pilots and visual observers (VOs) for all of its UAS operations. All pilots and VOs will receive 

training and flight hours in accordance with manufacturer and North Point operational manuals before approval to fly is 

given. North Point is petitioning for exemptions to the following CFR’s in order to conduct aerial survey missions using 

small unmanned aerial systems for commercial uses in the service of many business and governmental sectors. The 

services of which include but are not limited to;

1. Mapping – Photographic and Videographic recording of buildings, landscapes, structures etc.

2. Government Agencies – Federal, State and Local

3. Engineering – Mining, waste disposal, pipelines, etc.

4. Insurance – Claim assessment

5. Construction – Pre-site inspection, Construction data, As-Built Recording

6. Solar panel installation, maintenance and assessment

7. Wireless/Telecom installation and maintenance

North Point is requesting to use the UAS in remote or rural locations in (NH, MA, ME, and VT). These locations will fall 

outside of populated areas when plotted on VFR Sectional Aeronautical Charts, Operations will not take place within five 

(5) miles of any airport or helipad (unless FAA has approved such operations and North Point has a written agreement 

with the airport/helipad manager), not be within 100 meters of federal or state roads having more than two lanes and 

not within 50 meters of all paved state roads having two lanes or less. 

Petitioner Name and Address:

Dave Fairburn

North Point Holdings Inc. DBA North Point Outdoors

41 Range Rd

Windham, NH 03087

PO Box 925

Derry, NH 03038

(603) 289-8000

Dave@northpointoutdoors.com
North Point Holdings, Inc.

DBA North Point Outdoors

PO Box 925 - Derry, NH - 03038

Phone 603.289.8000 

Fax 888.828.8455

www.NorthPointOutdoors.com 

Exemption Requested:

North Point Holding Inc. DBA North Point Outdoors is requesting this waiver as it applies to the following CFRs:

 14 CFR Section 61.113 (a) and (b): Private pilot privileges and limitations

 14 CFR Section 91.7: Civil aircraft airworthiness

 14 CFR Section 91.119: Minimum altitude requirements

 14 CFR Section 91.121: Altimeter requirements

 14 CFR Section 91.151: Fuel requirements

 14 CFR Section 91.405: Maintenance requirements

 14 CFR Section 91.407: Maintenance requirements

 14 CFR Section 91.409: Inspection frequency

 14 CFR Section 91.417: Maintenance records

North Point’s History

North Point Holdings Inc. DBA North Point Outdoors is a regional outdoor services provider of landscaping and site 

construction services. North Point has been called upon by its customers and corporate relationships to further enhance

and develop a UAS based aerial photography service to its offering. North Point was founded by David Fairburn in 2009. 

David currently holds a FAA-Certified Commercial Pilot License Cert# 3145986 (ASEL, ASES, AMEL, Instrument Airplane) 

as well as a First Class Medical Certificate. David will be assigned the position of Chief Pilot of the North Point UAS 

program. Given his aviation training, certification and background, David’s possesses sufficient aeronautical knowledge 

and experience requires to safely operate a UAS in the NAS. By virtue of being issued a Commercial Pilots License it 

stands to reason that the FAA would equally believe that David possesses sufficient aeronautical knowledge and 

experience to safely operate and conduct UAS flights within the NAS.

Summary of operations

1. All flights will be conducted in accordance with the manufacturer operations manual(s) following Visual Flight Rules 

(VFR) during Visual Meteorological Conditions (VMC).

2. The UAS with payload will weigh less than 55 pounds.

3. The UAS pilot must hold at least an FAA private pilot’s license with at least a third class medical certificate.

4. All flights will include a Pilot in Command (PIC) and Visual Observer (VO). Flights will be operated within line of sight of 

the PIC and VO. The PIC and VO will be able to communicate verbally at all times.

5. Maximum flight time will be less than 30 minutes per the manufacturer’s recommendation.

6. Airspeed will not exceed 87 knots.

7. Flights will be operated at an altitude of 400 feet AGL or less and more than 100 feet above any building or structure 

to be imaged or inspected.

8. All flights will be conducted as to maintain a lateral distance of at least 500 feet from any structures, buildings, 

vehicles, vessels or persons not associated with or given consent to the operation, unless barriers or structures are 
North Point Holdings, Inc.

DBA North Point Outdoors

PO Box 925 - Derry, NH - 03038

Phone 603.289.8000 

Fax 888.828.8455

www.NorthPointOutdoors.com 

present that sufficiently protect nonparticipating persons. Flights will be conducted at least 50 meters from roads with 

more than two lanes and at least 20 meters from all other paved roads.

9. The Pilot will have manufacturer training and flight hours with the DJI Phantom 3 in accordance with the 

manufacturer’s requirements. Specifically, minimums of 20 UAS flight hours, 10 hours with the DJI Phantom 3

Professional or similar type, conduction of 3 takeoffs and landings with the DJI Phantom 3 in the last 90 days will be 

required.

10. The VO will have training on UAS operations and manufacturer training on the DJI Phantom 3 Professional.

11. All required permissions and notifications to federal, state and local governments, Air Traffic Control and private land 

holders will be made/obtained prior to any flight.

12. Alternate landing areas and contingency plans will be in place before any UAS flight is attempted.

13. The UAS will not be flown at night or when weather conditions may prevent a visual observation of the vehicle 

throughout the duration of the flight.

14. All flights will be performed with the safety and privacy of those not involved or aware of the flight as a key concern. 

The UA will remain clear and yield to all manned aircraft.

15. If GPS connectivity is lost but link remains, the PIC will manually return the aircraft to one of the pre-determined 

landing zones or perform an immediate emergency landing.

16. In the unlikely event of a lost link/communication loss, the PIC will notify ATC immediately if required and the VO will 

maintain visual of the UAS and document its location. Prior to flight, the DJI Phantom 3 is preprogrammed with an 

automated landing location from the launch area. The UAS will perform an automatic landing at the location within the 

mission site should a loss of link occur.

17. Prior to each flight, the PIC will inspect the UAS to confirm that it meets manufacturer specification for safe flight. 

After a maintenance event involving a critical component of the UA, a test flight will be performed and logged in the 

aircraft maintenance logs.

Aircraft to be used

The DJI Phantom 3 Professional UAS is an all-electric drone that features an on-board flight computer with GPS 

navigation and location ability that received signals for flight controls from a ground-based transmitter/controller. An 

On-Board camera attached to the bottom of the UA via a three axis gimbal, capable of capturing full color HD photos 

and video. An on-board telemetry system that delivers flight data from the on-board flight computer to the on-board 

radio transmitter including altitude AGL, horizontal and vertical speed, compass direction. Flight history and location of 

launch site are displayed on an overlay map. The PIC operates the UAS from beginning to end of the flight through the 

use of a dedicated transmitter/controller. A ground station (Table or Smart Phone Application) which receives and 

displays in real-time system telemetry and imagery from the UA. The Visual Observer (VO) is a person who provides 

secondary visual tracking of the UA while monitoring for manned aircraft and obstructions. 

This aircraft currently holds an FAA Small UAS Certification of Registration # FA39M7R9CF Issued on 1/13/2016.
North Point Holdings, Inc.

DBA North Point Outdoors

PO Box 925 - Derry, NH - 03038

Phone 603.289.8000 

Fax 888.828.8455

www.NorthPointOutdoors.com 

Aircraft 

DJI Phantom 3 Professional:

• Diameter: 350 mm (1.15ft)

• Maximum Weight: 1 kg (2.2 lb)

• Number of Motors: 4

• Power of Motors: 114 W

• Maximum Cruise Speed: 10 m/s ( 19 kts)

• Maximum Climb Rate: 6 m/s (-1200 fpm)

• Maximum Wind Speed: 8 m/s (15.6 kts)

 Weight: 2.8lbs

 Max Ascent Speed: 5 m/s

 Max Descent Speed 3 m/s

 Max Speed: 16 m/s

 Max Service Ceiling: 6000m (Software Altitude Limit: 400ft)

 Max Flight Time: Approx. 25 Mins

 Navigation System: Built in GPS

Transmitter

 Operating Frequency: 5.725 GHz – 5.825 GHz, 922.7 MHz – 927.7 MHz (Japan)

 Max. Transmission Distance: FCC: 1000 m; CE: 500 m (outdoors and unobstructed, aircraft's altitude at 400 feet 

(120 m))

 Operating Temperate: 0°C to 40°C

 Battery: 2600 mAh LiPo 18650

 EIRP: FCC: 19 dBm CE: 14 dBm

Extent of Relief

North Point seeks an exemption from several and often interrelated provisions of 14 CFR Part 91 in conjunction with the 

operations it is requesting to undertake as part of the UAS exemption. The following list details the exemptions 

requested and the procedures that will ensure an equivalent level of safety to the public and the national airspace. FAA 
North Point Holdings, Inc.

DBA North Point Outdoors

PO Box 925 - Derry, NH - 03038

Phone 603.289.8000 

Fax 888.828.8455

www.NorthPointOutdoors.com 

has granted similar exemptions to those requested below in, for example, Exemption Nos. 14663, 14667, 14674, 14667

and 11711.

A. 14 CFR Section 61.113 (a) and (b)

Section 61.113 (a) prohibits a pilot from operating an aircraft for hire or compensation with a private pilot’s license. Part 

(b) allows a private pilot to fly an aircraft for hire if the flight is incidental to the business; in as much as North Points’s 

primary business is data acquisition during flight, an exemption from this section is also necessary.

Equivalent Level of Safety

Because the UAS does not carry crew or persons, the operations proposed in this request can be carried out with 

appropriate safety by pilots with private pilot licenses. While it is likely that many of the pilots flying North Point UAS will 

be Commercial pilots, the type of flying and safety measures expected of the pilot and industry do not require this 

license. Additionally, all pilots will be under the supervision and training of commercial pilots, ensuring professionalism 

and safety in the airspace. North Point also believes that the awareness of airspace restrictions, communication with 

ATC and situational awareness concerns are satisfied by a private pilot’s license. The FAA itself, in Exemption No. 11066, 

concluded that private pilot licensing will ensure that the PIC has proper knowledge and training by comparing skills side 

by side. For these reasons, North Point is certain that an equivalent level of safety will be maintained with this 

exemption.

B. 14 CFR Section 91.7(a): Civil aircraft airworthiness

Section 91.7(a) requires that no person may operate a civil aircraft unless it is in an airworthy condition. To the extent 

that this regulation would require an airworthiness certificate for the aircraft, North Point requests an exemption.

Equivalent Level of Safety

All UAS operated by North Point will be under 55 pounds including payload and will operate in a defined area. 

Furthermore, the UAS North Point will operate do not carry personnel, explosive materials or flammable liquid fuels or 

other potentially hazardous materials. The vehicles to be used will be maintained to the strict tolerances of North Point’s 

maintenance staff and the guidelines set out in the operations manuals of the manufacturer. The Phantom 3 

Professional UAS from DJI has been approved for use in numerous Section 333 exemptions (including but not limited to

# 14667 and 14667). Many thousands of successful flight hours have been logged with this vehicle. This UAS, piloted by 

North Point’s pilots, does not represent a risk to the national airspace or the public.

C. 14 CFR Section 91.119(c): Minimum altitude requirements

Petitioner requests an exemption from the minimum safe altitude requirements specified in 14 CFR 91.119(c). The 

altitude required by this section is 500 feet above the surface and persons, vehicles, etc. However, section 91.119(d) 

allows for a helicopter to operate at less than those minimum altitudes when it can be operated. North Point plans to 

operate the UAS at 400 feet AGL or below (but not less than 100 feet above structures, buildings, vehicles, etc.) in order 
North Point Holdings, Inc.

DBA North Point Outdoors

PO Box 925 - Derry, NH - 03038

Phone 603.289.8000 

Fax 888.828.8455

www.NorthPointOutdoors.com 

to properly collect survey data and to avoid entering the national airspace at an altitude that could possibly conflict with 

manned aircraft.

Equivalent Level of Safety

As explained in this document, the manufacturer operator’s manual and North Point ensure that every precaution will 

be taken to assure that the UAS is operating safely with existing air traffic and poses no risk to ground assets and 

persons. A thorough Pre-Flight inspections of the aircraft, operating area, airspace and proximity to persons and 

property.

D. 14 CFR Section 91.121: Altimeter requirements

This section of Title 14 requires that the pilot of the aircraft use an altimeter on board the aircraft to determine altitude. 

The altimeter must be set based on the barometric pressure of the departing airport and airports in route. Petitioner 

seeks an exemption from 14 CFR Part 91.121 as the aircraft does not use an altimeter for elevation determination, but a 

GPS receiver instead.

Equivalent Level of Safety

As part of the flight monitoring software of each UAS, the GPS altitude is displayed to the Pilot. As the VO is in 

communication with the PIC, any deviations from the pre-planned altitudes of the flight will be communicated by the VO 

and feedback will be given during manually controlled flight when altitude approaches 400 feet. Pre-flight checks will 

confirm the GPS altitude of the location of the flight compared to the flight plan to confirm the plan’s accuracy and make 

any necessary changes (including the abort of the mission).

E. 14 CFR Section 91.151: Fuel requirements

Petitioner requests exemption from 14 CFR Part 91.151 which states: “(a) No person may begin 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 remaining section does not apply, as the UAS will not be flown at night. Since most UAS flights will be 20-

30 minutes in duration, another method of determining safe flight limits must be considered.

Equivalent Level of Safety

North Point will require that in order for the pilot to take off (initiate a survey), the battery charge displayed by the 

system must be a full charge (>95%) and the aircraft must end its survey such that the total flight time does not exceed 

35 minutes, in accordance with the manufacturer’s recommendation. This will ensure that the UAS lands safely at one of 

the two designated landing areas before battery life becomes critical or unstable. An audible and visual warning are 

issued by the ground station tablet application to the PIC. The first warning alerts the PIC that 30% battery life remains. 

The next warning alerts the PIC at 10%. At 3% battery life the UAS enters ‘return home’ mode and conducts an auto land 

maneuver from the point of launch.
North Point Holdings, Inc.

DBA North Point Outdoors

PO Box 925 - Derry, NH - 03038

Phone 603.289.8000 

Fax 888.828.8455

www.NorthPointOutdoors.com 

F. 14 CFR Section 91.405, 14 CFR Section 91.407, 14 CFR Section 91.409, 14 CFR Section 91.417:

Maintenance Reporting and Maintenance Inspection frequency

Petitioner seeks an exemption from the above regulations and their references to 14 CFR Part 43.14 CFR 91.405(a) 

states that each owner or operator of an aircraft “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”. Since the UAS will not have an airworthiness certification, these regulations will 

not apply to these aircraft. Additionally, the nature of the vehicles is that of easily replaced parts and a much smaller 

amount of parts that can be replaced – making inspection schedules less fixed and field repairs possible.

Equivalent Level of Safety

Using the manufacturer’s operations manual, an inspection and preventative maintenance schedule will be created for 

the DJI Phantom 3. Because the UAS is semi-dismantled for storage and shipment after each flight, a thorough 

inspection will be performed after the reassembly of the vehicle and before each flight. It is North Point’s intention to 

keep digital flight logs for each of its UAS. All field repairs and replacements will be correctly logged and signed on site 

by the PIC.

Public Interest

Granting North Point this waiver is in the public interest for several reasons. The work that North Point performs on a 

daily basis. North Point recognizes and supports the need to establish standards for UAS operators which will safeguard 

the NAS. That same experience, capability and commitment will enable North Point to offer and conduct UAS operations 

using skilled professionals who will adhere to the required safety standards. The UAS operated by North Point will be 

under 55 pounds including payload, will operate in a defined area, and will not carry personnel, explosive materials or 

flammable liquid fuels or other potentially hazardous materials.

Conclusion

North Point Holdings Inc. DBA North Point Outdoors believes that the criteria provided in Section 333 of the FMRA 

regarding size, weight, speed, operating capabilities, proximity to airports and populated areas, operation within visual 

line of sight, and national security have been satisfied. North Point’s commitment to follow these criteria in a 

professional manner should justify the granting of this exemption request. Please contact us with any question or for 

more information.

David Fairburn

President North Point Holdings Inc. DBA North Point Outdoors

41 Range Rd

Windham, NH 03087

(603) 289-8000

Dave@NorthPointOutdoors.com