### Highflightphoto 85 Conifer Court Port Ludlow, Wash. 98365 Sept. 22, 2015 U.S. Department ofTransportation DocketManagement System 1200 NewJersey Ave., SE Washington, DC 20590
Re: Amendment to Exemption 11455 issued pursuant to Section 333 ofthe FAA Reform Act and Part II ofthe Federal Aviation Regulations in Regulatory DocketNo. FAA-2014-1010. DearMadam, Sir, Highflightphoto currently holds an Exemption**n~bered** 

### 11455 (hereinafter the Exemption) issued for the purpose ofperforming aerial imaging and data collection. Highflightphoto herby requests an amendment to that Exemption to include additional small unmanned aircraft systems (sUAS) that fully complies with the conditions ofthe Exemption to support client requests (public interest). The requested system (to be used under the same terms and conditions contained in the original Exemption) to be added to ourexisting Exemption is cited below.

• senseFly

- eBee The eBee system has been previously approved for numerous entities through the 333 exemption process and manuals are on file. Highflightphoto states that no conditions or limitation from our original request have changed and all operations ofthe additional UAS will be in full compliance with the terms and condition ofthe Exemption. Please contact Mike Porter, 360 301 0341, highflightphoto@gmail.com should you have any questions concerning this request for an amendment to the Exemption.

MikeP er President HighflightphotoFAA FORM 7711-1 UAS COA Attachment FM-2015-0228 DEPARTMENT OF TRANSPORTATION FEDERALAVIATION ADMlNISTRATION CERTIFICATE OFWAIVERORAUTHORIZATION ISSUED TO HighFlightPhoto 85 Conifer Court Port Ludlow, WA 98365 Page 1 of6

This certificate is issued for the operations specifically described hereinafter. No person shall conduct any operation purSuant to the authority ofthis certificate except in accordance withthe standard and special provisions contained in this certificate, and such otherrequirements ofthe Federal Aviation Regulations not specificallywaivedby this certificate. OPERATIONS AUTHORIZED Operation ofDJIPhantom 2 Vision+ and DJIInspire 1 Unmanned Aircraft Systems at orbelow 200 feet Above Ground Level (AGL) for the purpose ofaerial data collection. LIST OF WAIVED REGULATIONS BY SECTION AND TITLE N/A STANDARD PROVISIONS 1. A copyofthe application made for this certificate shallbe attached and become a part hereof. 2. This certificate shall bepresented for inspectionupon the request ofany authorized representative ofthe Federal Aviation Administration, or ofany State or municipal ofticial charged with the duty ofenforcing local laws orregulations. 3. The holder ofthis certificate shall be responsible for the strict observance ofthe terms and provisions containedherein. 4. This certificate is nontransferable. Note-This certificate constitutes a waiver ofthose Federalrules orregulations specificallyreferred to above. Itdoes not constitute a waiver ofany State law or local ordinance. SPECIALPROVISIONS Special Provisions are set forth and attached. This certificate FAA-2015-0228-:333£ is effective from April25, 2015 to April30, 2017 andis subject to cancellation at any time upon notice bythe Administrator orhis/her authorized representative.
BYDIRECTION OF THE ADMJNISTRATOR

FAA Headguarters, AJV-115 (Region) AJ2ril23, 2015 (Date)
FAAForm 7711-1 (7-74) 

### IS/ Jacqueline R. Jackson (Signature) Manager, UAS Tactical**~erations** Section (Title)

Small UAS Operations 200 feet and below for Commercial Purposes March 2015FAA FORM 7711-1 UAS GOA Attachment FAA-2015-0228 

### STANDARD PROVISIONS A. General. Page 2 of6

1. The approval ofthis COA is effective only with an approved FAA Grant ofExemption.
2. A copy ofthe COA including the special limitations must beimmediately available to all operationalpersonnel at each operating locationwhenever UAS operations are being conducted.
3. This authorization maybe canceled atany time bythe Administrator, the person authorized to grantthe authorization, or the representative designatedto monitor a specific operation. As a general rule, this authorization maybe canceledwhen it is no longerrequired, there is an abuse ofits provisions, or whenunforeseen safety factors develop. Failure to comply with the authorization is cause for cancellation. The operator will receive written notice ofcancellation.


### B. Safety ofFlight.
1. The operatororpilot in command (PIC) is responsible for halting orcanceling activity in the COA area if, at anytime, the safety ofpersons orproperty on the ground or in the air is 

### injeopardy, or ifthere is a failure to complywith the terms orconditions ofthis authorization. 

### See-and-A void
Unmanned aircrafthave no on-boardpilot to perform see-and-avoid responsibilities; therefore, when operating outside ofactive restricted andwarning areas approved for aviation activities, provisions must be made to ensure an equivalent level ofsafety exists for unmanned operations consistent with 14 CFRPart 91 §91.111, §91.113 and §91.115.

a. Thepilot in command (PIC) is responsible:

• To remain clear and give way to all manned aviation operations and activities at all times,

• Forthe safety ofpersons orproperty on the surface with respect to the UAS, and

• For compliance with CFRParts 91.111,91.113 and 91.115

b. UAS pilots will ensure there is a safe operating distance between aviation activities andunmanned'aircraft (UA) at all times.

c. Visual observers mustbe used at ali"times and maintain instantaneous communication with the PIC

.

.d. The PIC is responsible to ensure visual observer(s) are: SmallUAS Operations 200 feet and below for Commercial Purposes March 2015FAA FORM 7711-1 UAS COA Attachment FAA-2015-0228 Page 3 of6

• Able to see the UA and the surrounding airspace throughout the entire flight, and

• Able to provide the PIC withthe UA's flight path, andproximityto all aviation activities and otherhazards (e.g., terrain, weather, structures) sufficiently for the PIC to exercise effective control ofthe UA to preventthe UA from creating a collision hazard.

e. Visual observer(s) must be able to communicate clearlyto the pilot any instructions required to remain clear ofconflicting traffic.
2. Pilots arereminded to follow all federal regulations e.g. remain clear ofall Temporary Flight Restrictions, as wellas following the exemption granted for their operation.
3. The operator ordelegated representative must notoperate in Prohibited Areas, Special Flight Rule Areas or, the Washington National Capital Region Flight RestrictedZone. Such areas are depicted on charts available at http://www.faa.gov/air traffic/flight info/aeronav/. Additionally, aircraft operators shouldbeware ofand avoid other areas identified in Notices to Airmen (NOTAMS) which restricts operations inproximity to PowerPlants, Electric Substations, Dams, WindFarms, Oil Refineries, Industrial Complexes, National Parks, The Disney Resorts, Stadiums, Emergency Services, the Washington DC Metro Flight Restricted Zone, Military orotherFederal Facilities.
4. All aircraft operated in accordance with this Certificate ofWaiver/Authorizationmustbe identifiedby serial number, registered in accordance with 14 CFRpart47, and have identification (N-Number) markings in accordance with 14 CFR part45, Subpart C. Markings must be) as large as practicable. 

### C. Reporting Requirements
1. Documentation ofall operations associated with UAS activities is required regardless of the airspace in which the UAS operates. NOTE: Negative (zero flights) reports are required. 2. The operator must submit the following information through mailto:9-AN-115-UASOrganization@faa.gov ona monthlybasis: a. Name ofOperator, Exemption number and Aircraftregistration number b. UAS t)lpe andmodel
c. All operating locations, to include location city/name and latitude/longitude d. Number offlights (per location, per aircraft)
e. Total aircraft operational hours f. TakeofforLanding damage

Small UAS Operations 200 feet andbelow for Commercial Purposes March 2015FAA FORM 7711-1 UAS GOA Attachment FM-2015-0228 Page 4 of6

g. Equipmentmalfunctions. Reportable malfunctions include, butare not limitedto the following: (1) On-board flight control system (2) Navigation system (3) Powerplant failure in flight (4) Fuel system failure (5) Electrical system failure (6) Control station failure 3. The number and duration oflost link events (control, performance and healthmonitoring, or communications) per UAper flight.
D. Notice to Airmen (NOT AM). A distant (D) NOT AM must be issued when unmanned aircraft operations are being conducted. This requirement maybe accomplished:
a. Throughthe operator's local base operations orNOTAM issuing authority, or b. By contacting the NOTAM Flight Service Station at 1-877-4-US-NTMS (1-877-487- 6867) not more than 72 hours in advance, but not less than 24 hours prior to the operation, unless otherwise authorized as <1 special provision. The issuing agency will require the: (1) Name and address ofthe pilot filing the NOTAMrequest (2) Location, altitude, or operating area (3) Time andnature ofthe activity.

AIR TRAFFIC CONTROL SPECIAL**PROVISIO~S**

A. Coordination Requirements. 1. Operator filing andthe issuance ofrequired distance (D) NQTAM, will serve as advance ATC facility notification ofUAS operations in an area. 2. Operator must cancel NOTAMs when UAS operations are completed or will notbe conducted. 3. Coordination and deconfliction between Military Training Routes (MTRs) is the operator's responsibility. When identifying an operational areathe operatormust evaluate whether anMTRwill be affected. In the event the UAS operational area overlaps (5 miles either side ofcenterline) anMTR, the operatorwill contactthe scheduling agency 24 hours in advance to coordinate and deconflict. Approval from the scheduling agency is notrequired. Scheduling agencies are listed in the Area Planning AP/1B Military Planning Routes North and South America, ifunable to gain
Small UAS Operations 200 feet and below for Commercial Purposes March 2015' 

### '

', 

### . FAA FORM 7711-1 UAS COA Attachment FAA-2015-0228 Page 5 of6

access toAP/1B contact the FAA at email address mailto:9-AN-115-UASOrganization@faa.gov with the IRNRroutes affected andthe FAAwillprovide the scheduling agency information. Ifprior coordination and deconfliction does nottake place 24 hours in advance, the operator mustremain clear ofallMTRs. 

### B. Communication Requirements.
1. When operating in the vicinity ofan airport without an operating controltower,**announ~e** your operations in accordance with the FAAAeronautical Information Manual (AIM) 4-1-9 Traffic Advisory Practices at Airports without Operating Control Towers. 

### C. Flight Planning Requirements.
This COA will allow small UAS (55 pounds or less) operations during daytime VFR conditions under the following conditions and limitations:

(1) Atorbelow 200 feet AGL; and (2) Beyondthe following distances from the airportreference point (ARP) ofa public use airport, heliport, gliderport, or seaport listed in the Airport/Facility Directory, Alaska Supplement, orPacific Chart Supplement ofthe U.S. Government Flight Information Publications. a) 5 nautical miles (NM) from an airport having an operational control tower; or b) 3 NM from an airport having a published instrument flight procedure, but not having an operational control tower; or c) 2 NM from an airport not having a published instrument flight procedure oran operational control tower; or d) 2 NM from a heliport, gliderport or seaport 

### D. Emergency/Contingency Procedures. 1. Lost Link/Lost Communications Procedures:

• Ifthe UAS loses communications or loses its GPS signal, the UA mustreturn to a pre-determined location within the private or controlled-access property and land.

• The PIC must abort the flight inthe event ofunpredictedobstacles or emergencies.
2. Any incident, accident, or flight operation that transgresses the lateral or vertical boundaries defined 

### inthis COAmustbe reported to the FAA via email at
Small UAS Operations 200 feet andbelow for Commercial Purposes March 2015FAA FORM 7711-1 UAS COA Attachment 

### FM-2015-0228 Page 6 of6

mailto:9-AJV-115-UASOrganization@faa.gov within 24 hours. Accidents mustbereported to the National Transportation Safety Board (NTSB) per instructions contained on the NTSB Web site: www.ntsb.gov 

### AUTHORIZATION

.This Certificate ofWaiverorAuthorization does not, in itself, waive any Title 14 Code of Federal Regulations, nor any state law or local ordinance. Should the proposed operation conflictwith 

### any state law or local ordinance, orrequire permission oflocal authorities or property owners, it is the responsibility ofthe operator to resolve the matter. This COA does not authorize flight within Special Use airspace without approval from the scheduling agency. The operator is hereby authorizedto operate the small Unmanned Aircraft System intheNational Airspace System.

Small UAS Operations 200 feet and below for Commercial Purposes March 2015 \'It>,

--

U.S.Department ofTransportation Federal Aviation Administration

May 5, 2015

Mr. Mike Porter President/ChiefPilot High Flight Photo 85 Conifer Court Port Ludlow, WA 98365
DearMr. Porter: Exemption No. 11455 BOO Independence Ave

.. S.W. washington. D.C. 20591

Regulatory DocketNo. FAA-2015-0228

This letter is to inform you that we have granted your request for exemption. Ittransmits our decision, explains its basis, and gives you the conditions and limitations ofthe exemption, including the date it ends. Byletterdated January 30,2015, you petitioned the Federal AviationAdministration (FAA) onbehalfofHigh Flight Photo (hereinafter petitioner oroperator) for an exemption. The petitionerrequestedto operate anunmanned aircraft system (UAS) to conduct aerial videography and cinematographyto enhance academic community awareness and to augment real estate listing videos. See Appendix A for the petition submitted to theFAA describingthe proposed operations and the regulations that the petitioner seeks an exemption. The FAAhas determinedthat good cause exists for notpublishing a summary ofthe petition in the Federal Registerbecause the requested exemption would not seta precedent, and any delay in acting on this petition would be detrimental to the petitioner. However, two comments were filed in the docket in support ofthe petition.

. Airworthiness Certification The UAS proposedbythe petitioner are the DJIPhantom 2 Vision+ and DJI Inspire 1.The petitionerrequested relieffrom 14 CFRpart 21, 

### Certificationprocedures forproducts and parts, SubpartH-Airworthiness Certificates. In accordance with the statutory criteria provided in Section 333 ofPublic Law 112-95 in reference to 49 U.S.C. 

### §44704, and in consideration ofthe size, weight, speed, and limited operating area associated with the aircraft and its operation, the Secretary ofTransportation has determinedthatthis aircraft meets the conditions ofSection 333. Therefore, the FAA fmds that the requested relieffrom 14 CFRpart 21 and any associated noise certification and testing requirements ofpart 36, is not necessary. The Basis for Our Decision 2

You have requestedto use a UAS for aerial data collection. The FAA has issued grants of exemption in circumstances similar in all material respects to those presented in yourpetition. In Grants ofExemptionNos. 11062 to Astraeus Aerial 

### (see DocketNo. FAA-2014-Q352), 11109 to Clayco, Inc. 

### (see DocketNo. FAA-2014-0507), 11112 to VDOS Global, LLC 

### (see Docket No. FAA-2014-0382), and 11213 to Aeryon Labs, Inc. 

### (see Docket No. FAA-2014-Q642), the FAA found that the enhanced safety achievedusing an unmanned aircraft (UA) with the specifications describedbythe petitioner and carrying no passengers or crew, ratherthan a manned aircraft ofsignificantly greaterproportions, carrying crew in addition to flammable fuel, gives the FAA good cause to find thatthe UAS operation enabled by.this exemption is inthe public interest. Having reviewed your reasons for requesting an exemption, I find that-

• They are similar in all material respects to reliefpreviouslyrequested in Grant of Exemption Nos. 11062,11109,11112, and 11213; • The reasons stated bythe FAA for granting Exemption Nos. 11062, 11109, 11112, and 11213 also apply to the situationyoupresent; and • A grant ofexemption is in the pu}Jlic interest. OurDecision
In consideration ofthe foregoing, I find that a grant ofexemption is in the public interest. Therefore, pursuant to the authority contained in 49 U.S.C. 106(£), 40113, and44701, delegated

### to mebythe Administrator, High FlightPhoto is granted an exemption from 14 CFR 

### §§ 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), to the extent necessary to allow the petitionerto operate a UAS to perfonn aerial data collection. This exemption is subject to the conditions and limitations listed below. Conditions and Limitations
Inthis grant ofexemption, High Flight Photo is hereafter referred to as the operator.

### 3 Failure to complywith any ofthe conditions and limitations ofthis grant ofexemption will be grounds for the immediate suspension orrescission ofthis exemption.
1. Operations authorized bythis grant ofexemption are limited to the DJIPhantom 2 Vision+ and DJI Inspire 1 when weighing less than 55 pounds includingpayload. Proposed operations ofany other aircraft will require a new petition or a petition to amendthis exemption

.. 2. Operations for the purpose ofclosed-set motionpicture andtelevision filming are not permitted. 3. The UA maynotbe operated at a speed exceeding 87 knots (100 miles perhour). The exemption holdermayuse either groundspeed or calibrated airspeed to determine compliance with the 87 knot speed restriction. In no case will the UAbe operated at airspeeds greater than the maximum UA operating airspeedrecommended bythe aircraftmanufacturer.
4. The UAmustbe operated at an altitude ofno more than 400 feet above ground level (AGL). Altitude mustbe reported in feet AGL.
5. The UAmustbe operated within visual line ofsight (VLOS) ofthe PIC at all times. This requires the PIC to be able to use human visionunaided byany device otherthan corrective lenses, as specified on the PIC's FAA-issued airmanmedical certificate or U.S. driver's license.
6. All operations must utilize a visual observer (VO). The UAmustbe operatedwithin the visual line ofsight (VLOS) ofthe PIC and VO at all times. The VO maybeused to satisfythe VLOS requirement as long as the PIC always maintains VLOS capability. The VO and PIC must be able to communicate verbally at all times; electronic messaging ortexting is.notpermitted during flight operations. The PIC must be designatedbefore the flight andcannot transfer his orherdesignation for the duration ofthe flight. The PIC must ensure that the VO canperform the duties required ofthe VO.
7. This exemption and alldocuments needed to operate the UAS and conduct its operations in accordance with the conditions and limitations stated inthis grant of exemption, are hereinafter referred to as the operating documents. The operating documents mustbe accessible during UAS operations and made available to the Administrator upon request. Ifa discrepancyexists between the conditions and limitations inthis exemption and the procedures outlined inthe operating documents, the conditions and limitations herein take precedence and must be followed. Otherwise, the operator must follow the procedures as outlined in its operating documents. The operator may update orrevise its operating documents. Itis the operator's responsibility to track such revisions andpresentupdated and revised

# ..

documents to the Administrator orany law enforcement official upon request. The operator must also present updated and revised documents ifitpetitions for extension or amendment to this grant ofexemption. Ifthe operator determines that anyupdate orrevision would affect the basis upon which the FAA granted this exemption, then the operator mustpetition for an amendment to its grant ofexemption. The FAA's UAS Integration Office (AFS-80) maybe contactedifquestions arise regarding updates orrevisions to the operating documents. 

### 4

8. AnyUAS that has undergone maintenance oralterations that affect the UAS operation or flight characteristics, e.g., replacement ofa flight critical component, mustundergo a functional test flight prior to conducting further operations under this exemption. Functional test flights may onlybe conducted by a PIC with a VO and mustremain at least 500 feet from otherpeople. The functional test flight must be conducted in such a manner so as to not pose an undue hazard to persons andproperty. 9. The operator is responsible for maintaining and inspecting the UAS to ensure that it is in a condition for safe operation. 10. Priorto each flight, the PIC must conduct a pre-flight inspection and determine the UAS is in a condition for safe flight. The pre-flight inspectionmust account for all potential discrepancies, e.g., inoperable components, items, or equipment. Ifthe inspectionreveals a condition that affects the safe operation ofthe UAS, the aircraft is prohibited from operatinguntil the necessary maintenance has beenperformed and the UAS is found to be in a condition for safe flight.
11. The operatormust follow the UAS manufacturer's maintenance, overhaul, replacement, inspection, and life limit requirements for the aircraft and aircraft components. 12. Each UAS operated under this exemption must comply with all manufacturer safety bulletins. 13. Under this grant ofexemption, a PIC musthold either an airline transport, commercial, private, recreational, or sportpilot certificate. The PIC must also hold a current FAA airmanmedical certificate or a valid U.S. driver's license issued bya state, the District ofColumbia, Puerto Rico, a territory, a possession, or the Federal government. The PIC must also meet the flight review requirements specified in 14 CFR 

### § 61.56 in an aircraft in which the PIC is rated on his orherpilot certificate. 14. The operatormaynot permit anyPIC to operate unless the PIC demonstrates the abilityto safely operate the UAS in a manner consistent with how the UAS will be operatedunder this exemption, including evasive and emergencymaneuvers and maintaining appropriate distances from persons, vessels, vehicles and structures. PIC qualification flight hours and currencymustbe logged in a manner consistent with

### 5 14 CFR § 61.51(b). Flights for thepurposes oftraining the operator's PICs and VOs (training, proficiency, and experience-building) and determining the PIC's abilityto safely operate the UAS in a manner consistent with how the UAS will be operated under this exemption are permitted under the terms ofthis exemption. However, training operations mayonlybe conducted during dedicatedtraining sessions. During training, proficiency, and experience-building flights, all persons not essential for flight operations are considered nonparticipants, and the PIC must operate the UA with appropriate distance from nonparticipants in accordance with 14 CFR §91.119. 15. UAS operations maynot be conducted during night, as defined in 14 CFR § 1.1. All operations mustbe conductedunder visual meteorological conditions (VMC). Flights under special visual flight rules (SVFR) are not authorized.
16. The UAmaynot operate within 5 nautical miles ofan airport reference point (ARP) as denoted in the current FAA Airport/FacilityDirectory (AFD) or for airports not denoted with an ARP, the center ofthe airport symbol as denoted onthe current FAA-published aeronautical chart, unless a letter ofagreement with that airport's management is obtained or otherwise permittedbya COA issued to the exemption holder. The letter ofagreement with the airport management mustbe made available to the Administrator orany law enforcement official uponrequest. 17. The UA maynot be operated less than 500 feet below or less than 2,000 feet horizontally from a cloud orwhen visibility is less than 3 statute miles from the PIC.
18. Ifthe UAS loses communications or loses its GPS signal, the UA must return to a pre-determined location within the private or controlled-access property. 19. The PIC must abort the flight inthe event ofunpredictedobstacles or emergencies. 20. The PIC is prohibited from beginning a flight unless (considering wind and forecast weather conditions) there is enough available power for the UA to conduct the intended operation and to operate after that for at least five minutes orwith the reserve powerrecommended bythe manufacturer ifgreater. 21. AirTraffic Organization (ATO) Certificate ofWaiver orAuthorization (COA). All operations shall be conducted in accordance with anATO-issued COA. The exemption holdermay apply for a new or amended COA ifitintends to conduct operations that cannot be conducted under the terms ofthe attached COA. " 22. All aircraft operated 

### in accordance with this exemption must be identified byserial number, registered in accordance with 14 CFR part47, and have identification (N-Number) markings in accordance with 14 CFRpart45, Subpart C. Markings must be as large as practicable.

### 6 23. Documents used bythe operator to ensure the safe operation and flight ofthe UAS and any documents required under 14 CFR §§ 91.9 and 91.203 must be available to the PIC at the Ground Control Station ofthe UAS anytime the aircraft is operating. These documents mustbe made available to the Administrator or any law enforcement official upon request. 24. The UA mustremain clear and give wayto all manned aviation operations and activities atall times. · 25. The UAS maynotbe operated bythe PIC from any moving device orvehicle.
26. All Flight operations must be conducted at least 500 feet from all nonparticipating persons, vessels, vehicles, and structures unless:

a. Barriers or structures are present that sufficientlyprotectnonparticipating persons from the UA and/or debris inthe event ofan accident. The operatormust ensure that nonparticipating persons remainunder such protection. Ifa situation arises where nonparticipatingpersons leave suchprotection and are within 500 feet of the UA, flight operations must cease immediatelyin a manner ensuring the safety ofnonparticipating persons; and b. The owner/controller ofanyvessels, vehicles or structures has grantedpermission for operating closerto those objects and the PIC has made a safety assessment of the risk ofoperating closer to those objects and determined that itdoes not present anundue hazard. The PIC, VO, operatortrainees or essential persons are not considered nonparticipating persons under this exemption.
27. All operations shall be conducted overprivate or controlled-access propertywith permission from the property owner/controlleror authorizedrepresentative. Permission from property owner/controller or authorizedrepresentative will be obtainedfor each flight tobe conducted. 28. Any incident, accident, orflight operation that transgresses the lateral orvertical boundaries ofthe operational area as defmed bythe applicable COAmustbereported to the FAA's UAS Integration Office (AFS-80) within 24 hours. Accidents must be reported to the National Transportation Safety Board (NTSB) perinstructions contained onthe NTSB Web site: www.ntsb.gov. Ifthis exemption permits operations for the purpose ofclosed-set motion picture and television filming andproduction, the following additional conditions and limitations apply. 29. The operatormust have a motion picture and television operations manual (MPTOM) as documented in this grant ofexemption.

### 7 30. At least 3 days before aerial filming, the operator ofthe UAS affected bythis exemptionmust submit a written Plan ofActivities to the local Flight Standards District Office (FSDO) withjurisdiction over the area ofproposed filming. The 3-day notification maybe waived with the concurrence ofthe FSDO. Theplan ofactivities must include at least the following:

a. Dates and times for all flights; b. Name and phone number ofthe operator for the UAS aerial filming conducted under this grant ofexemption; c. Name andphone number ofthe person responsible for the on-scene operation of the UAS; d. Make, model, and serial orN-NumberofUAS to be used; e. Name and certificate number ofUAS PICs involved in the aerial filming; f. A statement that the operatorhas obtainedpermission from propertyowners and/or local officials to conduct the filming production event; the list ofthose who gave permissionmustbe made available to the inspectorupon request; g. Signature ofexemption holder orrepresentative; and h. A description ofthe flight activity, including maps ordiagrams ofanyarea, city, town, county, and/or state over which filming will be conducted and the altitudes essential to accomplish the operation. 31. Flight operations maybe conducted closer than 500 feet from participatingpersons consenting

### to be involved andnecessary for the filming production, as specified inthe exemption holder's MPTOM. Unless otherwise specified in this grant ofexemption, the UAS, the UAS PIC, and the UAS operations must comply with all applicable parts of 14 CFRincluding, but not limited to, parts 45, 47, 61, and 91. This exemption terminates on May 31, 2017, unless sooner super.seded orrescinded. Sincerely,



### Is/ John S. Duncan Director, Flight Standards ServiceUNITED STATES OF AMERICA DEPARTMENT OF TRANSPORTATION FEDERALAVIATION ADMINISTRATION Washington, DC 20591 January

# ao. 2015

The attached paperworkis submitted from High Flight Photo in request for a Petition of Exemption. An electronic version has already been_submitted with a comment tracking number of; 1 jz-8gx5-ux8w.

Thanks

# ~ Mike Porter President/Chief Pilot High Flight Photo 85 c·onifer Court Port Ludlow, Wash. 98365 360 301 0341 highflightphoto@gmail.comUNITED STATES OF AMERICA DEPARTMENT OF TRANSPORTATION FEDERALAVIATION ADMINISTRATION Washington, DC 20591 January 30, 2015

The Copter Shop, Inc. petitions for aGrant of Exemption so that the company can conduct aerial videography and cinematography to enhance academic community awareness for those individuals and companies unfamiliar with the geographical layout of the Puget Sound area and to augment real estate listing videos. Specifically we request an exemption from part 21 , subpart H; and Sections45.23(b),61.113(a) and (b), 91.7(a), 91.9(b)(2), 91.103(b), 91.109, 91.119, 91.121, 91.151 (a), 91.203(a) and (b), 91.405(a), 91.407(a)(1 ), 91.409(a)(2), and · 91.417(a) and (b) of litle 14, Code of Federal Regulations (14 CFR). These flights would be conducted using either a OJI Phantom with a GoPro camera or a OJI Inspire 1with a build in camera. With Safety being our primary goal we look at this operation as a safer alternate to operating a larger petroleum powered aircraft requiring airborne crew members. To ensure that we can meet those requirements we will make sure that all our PICs have at least a private pilots certificate with a current FAAclass 3 physical. In addition we will insist that all PICs go through our ground training program that will cover the operation of the specific UAV they will be operating , weather requirements, UAV system operations both normal and emergency •The training will also cover the importance of documenting both the flight hours of the PIC and the UAV •Special emphasize will be put on documenting any and all maintenance discrepancies and the importance of properly documenting the 'resulting corrective action prior to anyflight. In addition, we believe that every PIC needs to have accumulated at least 25 hours of UAS time of which at least 10 hours would be in multi rotor UAVs and have at least 5 hours in make/model priorto commercial operations. To maintain proficiencywe will make sure the PIC makes at least 3 take offs and landings within any 90 day time frame and all these requirements will be documented in the Pilots log book. To ensure we do not interfere with any other manned aircraft we will not fly above 400' or within 5 miles of any airport unless we are in radio contact with the control tower. To ensure all know of our presence we will post all flights on Notams and will advise all local residence of impending flights. On the dayofthe flight we will post signage indicating that a UAV flight is in the immediate area. As for the actual UAVoperation we will insist on that all PICs complete a preflight safety check of the UAS that will ensure all components of the system work as required. Part21 prescribes the procedural requirements for issuing and Changing design approvals, productions approvals, airworthiness certificates, and airworthiness approvals.2 Section 45.23(b) prescribes that 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 applicable. · Because ofthe s1ze of(he aircraft, we propose to instaflthe "N" on the fuselage but do not think there is adequate space to also place anyofthe categories mentioned


### 1Section 61.113(a) and (b) prescribesthat- (a) no person who holds a private pilot certificate may act as a pilotin command of an 'aircraft that is carrying passengers or property for Compensation or hire; normaythat person, for compensation or hire; act as pilot iri command of an aircraft. (b) a private pilot may, for compensation or hire, act as ,pilot in eommand of an aircraft in connection with any business or employment if: ·· ···· · · (1) The flight is only incidental to thatbusiness or employment; and (2) The aircraft does not carry passengers or propertyfor compensation or hire. · Since we will not be carrying anypassengers orproperty for compensation we feel a private pilot can carry out the responsibilities ofthePIC. · · · Section 91.7(a) prescribes that no person mayoperate a ciVfl aircraftunless itis ih an airworthy condition.
An exemption 

### is requested to 91.7(a) because the UAVdoes not have to receive an airwoJthycondition by theFAA Section 91.7(b) prescribesthatthe pilot in command ofa civil aircraft is responsible for determining whetherthat aircraft is in condition for safe flight and thatthe PIC shall discontinuethe flight when un airworthy mechanical, electrieal, or structural conditions occur. We will rerrriinate anyflight when tt1e aircraftbecomes unairworthy with mechanical, electrical orstructural conditions. There is no exception.

Section 91.9(b)(2) prohibits operation of**.U.S.~registered** civil aircraft unless there is available in the aircraft a current approved Airplane or Rotorcraft Flight Manual, approved manual**m~terial,** markings, and placards, or any combination thereof. There is no 

### FAA approvedmanual for the Phantom 2 bul'we are submitting the following that we feel willsuffice. Flow Chart, quickstart check list, usermanualandadvancedcheck lisl. In addition we haveprepared ourown company operating manualand finally

# we have created a check list to ensute a Safe operation. Section 91.103(b} prescribesthat

### a pilot shall for anyflight, become familiar.with runway lengths atairports of intended Use .• and takeoff and landing distance information. The Phantom 2 does not use anyrunwayfOI' take offand the companypolicyis that 

### the Phantom 2 will remain clear ofallramps, taxiways andrunways associated with anyairport Section 91.109(a) prescribes, in pertinentpart, thatno person may operate a civil aircraft (except a manned free balloon) that is being used for flight instruction unlessthat aircraft has fully functioning dual controls. The Phantom 2 does not l1ave dual flighfcontrols and at! instructiOn is via the one controller. We therefore request an exemption from this requirementSection 91.119 prescribes that, except when necessary for takeoff or landing, no person may operate an aircraft below the following altitudes (a) Anywhere. An altitude allowing, if a power unit fails, an emergency landing without undue hazard to persons or property on the surface. · We**'~·if/** not operate the Phantom 2 nearanypo1•.:erlines, lightposts orany other poweredobstacle
(b) Over congested areas. Over any congested area of a city, town, or settlement, or over any open air assembly of persons, an altitude of 1,000feet above the highest obstacle within a horizontal radius of 2,000 feet of the aircraft.
We willnot operate the Phantom 2 overany congestedareas. (c) Over other than congested areas. An altitude of 500 feet above the surface, except over open water orsparsely populated areas. In those cases, the aircraft may not be operated closerthan 500 feet to any person, vessel, vehicle, or structure. Because ofsmallsize of the Phantom 2 (3 lbs) and the fact there Is no fuel on board we ·feelas how we offerno risk to flying less than 500 in other than congestedareas. We wouldJlke to operate like poweredparachutes in that we will ensure that we do notpresent anyhazard to persons orpropertyon the surface. In addition we will ensure we have permiss;on from the ownerofany vehicle orpropertypriorto getting within the 500 It area. (d) Helicopters, powered parachutes, and weight-shift-control aircraft. If the operation is conducted without hazard to persons or property on the surface- (1) A helicopter may be operated at less than the minimums prescribed in paragraph (b) or (c) of this section, provided each person operating the helicopter complies with any routes or altitudes specifically prescribed for helicopters by the FAA; and (2) A .powered parachute or weight-shift-control aircraft may be operated at less than the minimums prescribed in paragraph (c) of this section. Section 91.121 requires, in pertinent part, 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."
The Phantom 2 does not have a barometric altimeterbut uses GPS signals to compute allitude. We will set the aWtude to zeroprior to take offso as to be able to know altitude above the groundat alllimes.

Section 91.151 (a) prescribes that no person may begin a flight in an airplane under VFR conditions unless (considering wind and forecast weather conditions) there is enough fuel tofly to the first point of intended landing and, assuming normal cruising speed, (1J during the day, to fly after that for at least 30 minutes [emphasis added].
Since the Phantom 2 does not carry fuelbut uses batterypower we requr;;st the following. Tile batteryon the Phantom 2 has 2 tights that come on when the battery

### is at30% powerand we would like to use that as· the platmingto return for a safe**landing~** Most ofour fligl7ts will not exceed 10 mins in flight andsince the baflery has a normal25 minute range this 30% factorshouldprovide

### a safe return point. We will ensure thatall flights consider winds in determk1ing there return point

### as theycouldhave

### .a head wind on return. Section 91 .203(a) prohibits, in pertinent part, any person from operating a civil aircraft unless it has within it (1) an appropriate and current airworthiness certificate; and (2) an effective U.S. registration certificate issued to its owner or, for operation within the United States, tne second copy ofthe Aircraft registration Application as provided for in § 47.31 (c).
An exemption

### is requested for the airworthiness requirement since the Phantom 2 does not have an aifWortMness. Section 91.203(b) prescribes, in pertinent part, that no-person may operate a civil aircraft unless the airworthiness certificate or a special flight authOrization issued under § 91.715 is displayed at-the cabin orcockpit entrance so that itls legible to passengers or crew. Since there is no requirement for

## an airworthiness certificate for the Phantom 2 this requirement wouldnot be appropriate

.. ln

..addition because ofthe size ofthe aircraft t11ere isjust notaplace to displayl/1e certificate.

.
Section 91.405(a) requires, in pertinent part; that an aircraft operator or owner shall have that aircraft inspected as prescribed in subpart Eof the same part and shall, between required inspections, except as provided in paragraph (c) of the same section, have discrepancies repaired as prescribed in part 43 ofthe chapter.4
There is no approvedmaintenance program for the Phantom 2 but we will ensure that

### it goes through 

### a complete overllaul byan approved DJlmtHntenance personnellinnually. Section 91.407(a)(1) prohibits, in.pertinent part, any person from operating an aircraft that has undergone maintenance, preventive maintenance, rebuilding, or alteration unless it has been approved for return to service by

# aperson authorized under§ 43.7 of the same chapter.
Afteranymaintenance that requires change ofengine orpropeflerthat aircraft will undergo 

### an test flightby the PIC in a remote unpopulated

### area .to ensure the aircraft 

### ;s operating safely

Section 91.409(a)(2) prescribes, in pertinent part, that no person may operate an aircraft unless, within the preceding 12 calendar months, it has had an inspection for the issua·nce of 

### J.jan airworthiness certificate in accordance with part 21 ofthis chapter. Afterany maintenance that requires change ofengine orpropeller that aircraft will undergo a test flight by the PIC in a remote unpopulatedarea to ensure the aircraft is operating safely Section 91.417(a) and (b) prescribes, in pertinent part, that- (a) Each registered owner or operator shall keep the following records for the periods specified in paragraph (b) ofthis section: (1) Records ofthe maintenance, preventive maintenance, and alteration and records of the 100-hour, annual, progressive, and other required or approved inspections, as appropriate, for each aircraft (including the airframe) and each engine, propeller, rotor, and appliance of an aircraft. The records must include- (i) A description (or reference to data acceptable to the Administrator) of the work performed; and (ii) The date of completion ofthe work performed; and (iii) The signature, and certificate number·Of the person approving the aircraft for return to service. ( 2) Records containing the following information: (i) Thetotal time in service of the airframe, each engine, each propeller, and each rotor. (ii) The current status of life-limited parts of each airframe, engine, propeller, rotor, and appliance. (iii) The time since last overhaul of all items installed on the aircraft which are required to be overhauled on a specified time basis. (iv) The current inspection status ofthe aircraft, including the time since the last inspection required by the inspection program under which the aircraft and its appliances are maintained.S (v) The current status of applicable airworthiness directives (AD) and safety directives including, for each, the method ofcompliance, the AD or safety directive number and revision date. If the AD or safety directive involves recurring action, the time and date when the next action is required. (vi) Copies of the forms prescribed by§ 43.9(d) ofthis chapter for each major alteration to the airframe and currently installed engines, rotors, propellers, and appliances. (b) The owneror operator shall retain the following records for the periods prescribed: (1) The records specified in paragraph (a)(1) ofthis section shall be retained until the work is repeated orsuperseded byother work orfor 1 year after the work is performed. (2) The records specified in paragraph (a)(2) of this section shall be retained and transferred with the aircraft at the time the aircraft is sold. (3) A list of defects furnished to a registered owner or operator under We**~:·If,** ma.n:•. ·nan Jllcr,"!ft ,'.:Jgboc; tlJ• 

### .,t :·.itt**rvf!e~t** at1fl1ght lime or. the UAV. any ma.intcnanco performed on the UA V. Thera arc nv lde-ltmltca parts on tr.e Phantom 2 no :.ystc·n of,iD. If:: 3 c.re nolilledby the**mt~r:Aacture** 

### tDJli that f!:ere IS a dfscrepc:m=y**:~·o** :Hfl rect•fy

### tt a'"ld

### anr.otnte prior

### to tnc next t;,ght If

### tt rei.Jtes 

### to fltgr.t safety

## ..• § 43.11 of this chapter shall be retained until the defects are repaired and the aircraft is approved for return to service. High Flight Photo provides the following supporting documentation including: 1) Supplemental Response for Petition, 2) PHANTOM Rying Flow Chart V1.0 (Simplified Version), PHANTOM Quick Start Manual v1.7, PHANTOM Advanced Manual v.1 .4, 3) PHANTOM 2 Vision+ User Manual4) restricted areas map, 5) personal protocols and controls, and 6)High Flight Photo Safety/Flight Manual (all hereinafter 7) Radio Frequency Spectrum chart referred to as operating**documents)~**

Unmanned Aircraft System High Flight Photo plans to operate a UAS, the PHANTOM 2 Vision+., which is comprised of an unmanned aircraft (UA or PHANTOM) and a transportable ground station. The PHANTOM is referred to as a quad-copter with a maximum gross weight of about 3 pounds. It is equipped with four rotors that are driven by electric motors powered by batteries. The UA has a maximum airspeed of 30 knots. High Flight Photo plans to attach a small ultra-lightweight GoPro 3+ camera to his UA and operate the UA over various areas un Western Washington to include Clallam, Jefferson, Kitsap counties to enhance academic community awareness and augment real estate listing videos. High Flight Photo makes the following representations of operational enhancements which he proposes to abide by to ensure this exemption will provide a level of safety at least equal to existing rules: • High Flight Photo will only operate in reasonably safe environments that are strictly controlled, are away from power lines, elevated lights, airports and actively populated areas; and • High Flight Photo will conduct extensive preflight .inspections and protocols, during which safety carries primary importance. High Flight Photo states that given the size, weight, speed, and limited operating area associated with the aircraft to be utilized by him, an exemption from 14 CFR part 21, Subpart H (Airworthiness Certificates) and § 91.203 (a) and (b) (Certifications required), subject to certain conditions and limitations, is warranted and meets the requirements for an equivalent level of safety under 14 CFR part 11 and Section 333 of P.L. 112.:95 (Section 333). Petitioner requests an exemption from § 45.23 Marking of the aircraft because his UA will not have a**c~bin,** cockpit or pilot station on which to mark certain words or phrases. Further, he states that two-inch lettering is difficult to place on such a small aircraft with dimensions smaller than the minimal lettering requirement. Regardless of this, High Flight Photo states that hewill mark his UAS in the largest possible lettering by placing the word "Experimental" on its fuselage as required by § 45.29(1) so that he or anyone assisting him as a spotter will see the markings. The petitioner states that an exemption from§§ 91.405(a}, 91.407(a)(1), 91.409(a)(2) and 91.417{a) and (b) Maintenance inspections may be required and should be granted since they only apply to aircraft with an airworthiness certificate. However, High Flight Photo states as a safety precaution he will perform a preflight inspection of his UAS before each flight as outlined in his operating documents.UAS Pilot in Command (PIC) High Flight Photo asserts that under§ 61.113 (a) and (b) private pilots are limited to noncommercial operations, however he can achieve an equivalent level of safety as achieved by current regulations because his UAS does not carry any pilots or passengers. Further while helpful, a pilot license will not ensure remote control piloting skills. We believe that the risks of operating a UAS are far les5 than the risk levels inherent in the commercial activities outlined in 14 CFR part 61, et seq., thus he requests an exemption from § 61.113 Private Pilot Privileges and Limitations: Pilot in command. Regarding UAS operational training, the High Flight Photo has flown numerous practice flights in remote areas as a hobbyist simulating flights for future commercial use to gain familiarization with the characteristics of his UAS' performance under different temperature and weather conditions. He further states that he practices computerized simulated flights to maintain adequate skills and response reflex time. The PIC for High Flight Photo currently holds an FAA ATP certificate with a current 3rd class physical (see attach) UAS Operating Parameters High Right Photo will abide by the following additional operating conditions underthis exemption: • operate the UAS below 300 feet and within a radius distance of 1000 feet from the controller to both aid in direct line of sight visual observation;1 ·operate the UAS for 3-7 minutes per flight; • land the UAS prior to the manufacturer's recommended minimum level ofbattery power; • operate the UAS only within visual line of sight (VLOS); • use the UAS' global positioning system (GPS) flight safety feature whereby it hovers and then slowly lands ifcommunication with the remote control pilot is lost; • conduct all operatipns under his own personal and flight safety protocols (including

. posting a warning sign reading: "Attention Aerial Photography in Progress- Remain Back 150 feef') contained in the operating documents and will actively analyze flight data and other sources of information to constantly update and enhance his safety protocols; • contact respective airports ifoperations will be within 5 miles to advise them of his estimated flight time, flight duration, elevation of flight and other pertinent information; · • always obtain all necessary permissions priorto operation; and • have procedures in place to abort flights in the event of safety breaches or potential danger. High Flight Photo states that§ 91.7(a) prohibits the operation of an aircraft without an airworthiness certificate. High Flight Photo a5serts that since there is currently no certificate applicable to his operation, this regulation is inapplicable. 91

..9(b)(2) requires an aircraft flight manual in the aircraft, however since there are no pilots or passengers on board his aircraft and given its size, this regulation is inapplicable. High Flight Photo can maintain an equivalent level of safety by maintaining a safety/flight manual with the UAS ground station.

Public Interest/

Aerial videography for geographical awareness and for real estate marketing has been around for a long time through .manned fixed wirig aircraft and helicopters, but for small business owners, its expense has been cost·prohibitive. Granting this exemption to High Flight Photo would allow us to provide this service ata much lower cost. Further small UAS will pose no threat to the public given its small size and ,Jack of Combustible fuel when compared to larger manned aircraft. Operation of this UAS will minimize ecological damage and promote economic growth by providing information to companies looking to relocate or build in the Puget Sound area.

# ~~==· ===--- PreSiaeiit!Chief Pilot High Flight Photo 85 Conifer Court Port Ludlow, Wash. 98365 360 301 0341 highflightphoto@gmajl.com



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