Highflightphoto 

85 Conifer Court 

Port Ludlow, Wash. 98365 

Sept. 22, 2015 

U.S. Department of Transportation 

Docket Management System 

1200 New Jersey Ave., SE 

Washington, DC 20590 

Re: Amendment to Exemption 11455 issued pursuant to Section 333 of the FAA Reform Act and 

Part II of the Federal Aviation Regulations in Regulatory Docket No. FAA-2014-1010. 

Dear Madam, Sir, 

Highflightphoto currently holds an Exemption n~bered 11455 (hereinafter the Exemption) 

issued for the purpose of performing 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 of the 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 our existing 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 of the additional UAS will be in full compliance 

with the terms and condition of the 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 

Highflightphoto 
FAA FORM 7711-1 UAS COA Attachment 

FM-2015-0228 

DEPARTMENT OF TRANSPORTATION 

FEDERAL AVIATION ADMlNISTRATION 

CERTIFICATE OF WAIVER OR AUTHORIZATION 

ISSUED TO 

High Flight Photo 

85 Conifer Court 

Port Ludlow, W A 98365 

Page 1 of6 

This certificate is issued for the operations specifically described hereinafter. No person shall conduct 

any operation purSuant to the authority of this certificate except in accordance with the standard and special 

provisions contained in this certificate, and such other requirements of the Federal Aviation Regulations not 

specifically waived by this certificate. 

OPERATIONS AUTHORIZED 

Operation of DJI Phantom 2 Vision+ and DJI Inspire 1 Unmanned Aircraft Systems at or below 200 feet 

Above Ground Level (AGL) for the purpose of aerial data collection. 

LIST OF WAIVED REGULATIONS BY SECTION AND TITLE 

N/A 

STANDARD PROVISIONS 

1. A copy of the application made for this certificate shall be attached and become a part hereof. 

2. This certificate shall be presented for inspection upon the request of any authorized representative of the 

Federal Aviation Administration, or of any State or municipal ofticial charged with the duty of enforcing 

local laws or regulations. 

3. The holder of this certificate shall be responsible for the strict observance of the terms and provisions 

contained herein. 

4. This certificate is nontransferable. 

Note-This certificate constitutes a waiver of those Federal rules or regulations specifically referred to 

above. It does not constitute a waiver of any State law or local ordinance. 

SPECIAL PROVISIONS 

Special Provisions are set forth and attached. 

This certificate FAA-2015-0228-:333£ is effective from April25, 2015 to April30, 2017 and is subject to 

cancellation at any time upon notice by the Administrator or his/her authorized representative. 

BY DIRECTION OF THE ADMJNISTRA TOR 

FAA Headguarters, AJV -115 

(Region) 

AJ2ril23, 2015 

(Date) 

FAA Form 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 2015 
FAA FORM 7711-1 UAS GOA Attachment 

FAA-2015-0228 

STANDARD PROVISIONS 

A. General. 

Page 2 of6 

1. The approval of this COA is effective only with an approved FAA Grant of Exemption. 

2. A copy of the COA including the special limitations must be immediately available to all 

operational personnel at each operating location whenever UAS operations are being 

conducted. 

3. This authorization may be canceled at any time by the Administrator, the person 

authorized to grant the authorization, or the representative designated to monitor a 

specific operation. As a general rule, this authorization may be canceled when it is no 

longer required, there is an abuse of its provisions, or when unforeseen safety factors 

develop. Failure to comply with the authorization is cause for cancellation. The operator 

will receive written notice of cancellation. 

B. Safety of Flight. 

1. The operator or pilot in command (PIC) is responsible for halting or canceling activity in 

the COA area if, at any time, the safety of persons or property on the ground or in the air 

is in jeopardy, or if there is a failure to comply with the terms or conditions of this 

authorization. 

See-and-A void 

Unmanned aircraft have no on-board pilot to perform see-and-avoid responsibilities; 

therefore, when operating outside of active restricted and warning areas approved for 

aviation activities, provisions must be made to ensure an equivalent level of safety exists 

for unmanned operations consistent with 14 CFR Part 91 §91.111, §91.113 and §91.115. 

a. The pilot in command (PIC) is responsible: 

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

all times, 

• For the safety of persons or property 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 

and unmanned' aircraft (UA) at all times. 

c. Visual observers must be 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 2015 
FAA 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 with the UA's flight path, and proximity to all aviation 

activities and other hazards (e.g., terrain, weather, structures) sufficiently for the 

PIC to exercise effective control of the UA to prevent the UA from creating a 

collision hazard. 

e. Visual observer(s) must be able to communicate clearly to the pilot any instructions 

required to remain clear of conflicting traffic. 

2. Pilots are reminded to follow all federal regulations e.g. remain clear of all Temporary 

Flight Restrictions, as well as following the exemption granted for their operation. 

3. The operator or delegated representative must not operate in Prohibited Areas, Special 

Flight Rule Areas or, the Washington National Capital Region Flight Restricted Zone. 

Such areas are depicted on charts available at 

http://www.faa.gov/air traffic/flight info/aeronav/. Additionally, aircraft operators 

should beware of and avoid other areas identified in Notices to Airmen (NOTAMS) 

which restricts operations in proximity to Power Plants, Electric Substations, Dams, 

Wind Farms, Oil Refineries, Industrial Complexes, National Parks, The Disney Resorts, 

Stadiums, Emergency Services, the Washington DC Metro Flight Restricted Zone, 

Military or other Federal Facilities. 

4. All aircraft operated in accordance with this Certificate of Waiver/Authorization must be 

identified by serial number, registered in accordance with 14 CFR part 47, and have 

identification (N-Number) markings in accordance with 14 CFR part 45, Subpart C. 

Markings must be) as large as practicable. 

C. Reporting Requirements 

1. Documentation of all 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 on a monthly basis: 

a. Name of Operator, Exemption number and Aircraft registration number 

b. UAS t)lpe and model 

c. All operating locations, to include location city/name and latitude/longitude 

d. Number of flights (per location, per aircraft) 

e. Total aircraft operational hours 

f. Takeoff or Landing damage 

Small UAS Operations 200 feet and below for 

Commercial Purposes March 2015 
FAA FORM 7711-1 UAS GOA Attachment 

FM-2015-0228 

Page 4 of6 

g. Equipment malfunctions. Reportable malfunctions include, but are not limited to 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 of lost link events (control, performance and health monitoring, 

or communications) per UA per flight. 

D. Notice to Airmen (NOT AM). 

A distant (D) NOT AM must be issued when unmanned aircraft operations are being 

conducted. This requirement may be accomplished: 

a. Through the operator's local base operations or NOT AM 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 of the pilot filing the NOT AM request 

(2) Location, altitude, or operating area 

(3) Time and nature of the activity. 

AIR TRAFFIC CONTROL SPECIAL PROVISIO~S 

A. Coordination Requirements. 

1. Operator filing and the issuance of required distance (D) NQT AM, will serve as 

advance ATC facility notification ofUAS operations in an area. 

2. Operator must cancel NOTAMs when UAS operations are completed or will not be 

conducted. 

3. Coordination and deconfliction between Military Training Routes (MTRs) is the 

operator's responsibility. When identifying an operational area the operator must 

evaluate whether an MTR will be affected. In the event the UAS operational area 

overlaps (5 miles either side of centerline) an MTR, the operator will contact the 

scheduling agency 24 hours in advance to coordinate and deconflict. Approval from 

the scheduling agency is not required. Scheduling agencies are listed in the Area 

Planning AP/1B Military Planning Routes North and South America, if unable 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 to AP/1B contact the FAA at email address 

mailto:9-AN-115-UASOrganization@faa.gov with the IRNR routes affected and the 

FAA will provide the scheduling agency information. If prior coordination and 

deconfliction does not take place 24 hours in advance, the operator must remain clear 

ofallMTRs. 

B. Communication Requirements. 

1. When operating in the vicinity of an airport without an operating control tower, 

announ~e your operations in accordance with the FAA Aeronautical 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) At or below 200 feet AGL; and 

(2) Beyond the following distances from the airport reference point (ARP) of a public use 

airport, heliport, gliderport, or seaport listed in the Airport/Facility Directory, Alaska 

Supplement, or Pacific Chart Supplement of the 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 or an 

operational control tower; or 

d) 2 NM from a heliport, gliderport or seaport 

D. Emergency/Contingency Procedures. 

1. Lost Link/Lost Communications Procedures: 

• If the UAS loses communications or loses its GPS signal, the UA must return to a 

pre-determined location within the private or controlled-access property and land. 

• The PIC must abort the flight in the event ofunpredictedobstacles or emergencies. 

2. Any incident, accident, or flight operation that transgresses the lateral or vertical 

boundaries defined in this COA must be reported to the FAA via email at 

Small UAS Operations 200 feet and below for 

Commercial Purposes March 2015 
FAA FORM 7711-1 UAS COA Attachment 

FM-2015-0228 

Page 6 of6 

mailto:9-AJV -115-UASOrganization@faa.gov within 24 hours. Accidents must be reported 

to the National Transportation Safety Board (NTSB) per instructions contained on the 

NTSB Web site: www.ntsb.gov 

AUTHORIZATION 

. This Certificate ofWaiveror Authorization does not, in itself, waive any Title 14 Code of 

Federal Regulations, nor any state law or local ordinance. Should the proposed operation 

conflict with any state law or local ordinance, or require permission of local authorities or 

property owners, it is the responsibility of the 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 authorized to operate the small Unmanned Aircraft System in the National 

Airspace System. 

Small UAS Operations 200 feet and below for 

Commercial Purposes March 2015 

\ 
'It>, --

U.S. Department 

of Transportation 

Federal Aviation 

Administration 

May 5, 2015 

Mr. Mike Porter 

President/Chief Pilot 

High Flight Photo 

85 Conifer Court 

Port Ludlow, W A 98365 

Dear Mr. Porter: 

Exemption No. 11455 

BOO Independence Ave .. S.W. 

washington. D.C. 20591 

Regulatory Docket No. F AA-2015-0228 

This letter is to inform you that we have granted your request for exemption. It transmits our 

decision, explains its basis, and gives you the conditions and limitations of the exemption, 

including the date it ends. 

By letter dated January 30,2015, you petitioned the Federal Aviation Administration (FAA) 

on behalf of High Flight Photo (hereinafter petitioner or operator) for an exemption. The 

petitioner requested to operate an unmanned aircraft system (UAS) to conduct aerial 

videography and cinematography to enhance academic community awareness and to augment 

real estate listing videos. 

See Appendix A for the petition submitted to the FAA describing the proposed operations and 

the regulations that the petitioner seeks an exemption. 

The FAA has determined that good cause exists for not publishing a summary of the petition 

in the Federal Register because the requested exemption would not set a 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 of the petition. . 

Airworthiness Certification 

The UAS proposed by the petitioner are the DJI Phantom 2 Vision+ and DJI Inspire 1. 
The petitioner requested relief from 14 CFR part 21, Certification procedures for products 

and parts, Subpart H-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 of the size, weight, speed, and limited operating area associated with the 

aircraft and its operation, the Secretary of Transportation has determined that this aircraft 

meets the conditions of Section 333. Therefore, the FAA fmds that the requested relief from 

14 CFR part 21 and any associated noise certification and testing requirements of part 36, is 

not necessary. 

The Basis for Our Decision 

2 

You have requested to 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 your petition. 

In Grants of Exemption Nos. 11062 to Astraeus Aerial (see Docket No. FAA-2014-Q352), 

11109 to Clayco, Inc. (see Docket No. F AA-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 achieved using an unmanned 

aircraft (UA) with the specifications described by the petitioner and carrying no passengers or 

crew, rather than a manned aircraft of significantly greater proportions, carrying crew in 

addition to flammable fuel, gives the FAA good cause to find that the UAS operation enabled 

by. this exemption is in the public interest. 

Having reviewed your reasons for requesting an exemption, I find that-

• They are similar in all material respects to relief previously requested in Grant of 

Exemption Nos. 11062,11109,11112, and 11213; 

• The reasons stated by the FAA for granting Exemption Nos. 11062, 11109, 11112, and 

11213 also apply to the situation you present; and 

• A grant of exemption is in the pu}Jlic interest. 

Our Decision 

In consideration of the foregoing, I find that a grant of exemption is in the public interest. 

Therefore, pursuant to the authority contained in 49 U.S.C. 106(£), 40113, and 44701, 

delegated to me by the Administrator, High Flight Photo 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 petitioner to operate a UAS to perfonn aerial data collection. 

This exemption is subject to the conditions and limitations listed below. 

Conditions and Limitations 

In this grant of exemption, High Flight Photo is hereafter referred to as the operator. 
3 

Failure to comply with any of the conditions and limitations of this grant of exemption will be 

grounds for the immediate suspension or rescission of this exemption. 

1. Operations authorized by this grant of exemption are limited to the DJI Phantom 2 

Vision+ and DJI Inspire 1 when weighing less than 55 pounds including payload. 

Proposed operations of any other aircraft will require a new petition or a petition to 

amend this exemption .. 

2. Operations for the purpose of closed-set motion picture and television filming are not 

permitted. 

3. The UA may not be operated at a speed exceeding 87 knots (100 miles per hour). The 

exemption holder may use either groundspeed or calibrated airspeed to determine 

compliance with the 87 knot speed restriction. In no case will the UA be operated at 

airspeeds greater than the maximum UA operating airspeed recommended by the 

aircraft manufacturer. 

4. The UA must be operated at an altitude of no more than 400 feet above ground level 

(AGL). Altitude must be reported in feet AGL. 

5. The UA must be operated within visual line of sight (VLOS) of the PIC at all times. 

This requires the PIC to be able to use human vision unaided by any device other than 

corrective lenses, as specified on the PIC's FAA-issued airman medical certificate or 

U.S. driver's license. 

6. All operations must utilize a visual observer (VO). The UA must be operated within 

the visual line of sight (VLOS) of the PIC and VO at all times. The VO may be used 

to satisfy the 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 or texting is .not permitted during flight operations. The PIC 

must be designated before the flight and cannot transfer his or her designation for the 

duration of the flight. The PIC must ensure that the VO can perform the duties 

required of the VO. 

7. This exemption and all documents needed to operate the UAS and conduct its 

operations in accordance with the conditions and limitations stated in this grant of 

exemption, are hereinafter referred to as the operating documents. The operating 

documents must be accessible during UAS operations and made available to the 

Administrator upon request. If a discrepancy exists between the conditions and 

limitations in this exemption and the procedures outlined in the 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 or revise its operating documents. It is the 

operator's responsibility to track such revisions and present updated and revised 
.. 

documents to the Administrator or any law enforcement official upon request. The 

operator must also present updated and revised documents if it petitions for extension 

or amendment to this grant of exemption. If the operator determines that any update 

or revision would affect the basis upon which the FAA granted this exemption, then 

the operator must petition for an amendment to its grant of exemption. The FAA's 

UAS Integration Office (AFS-80) may be contacted if questions arise regarding 

updates or revisions to the operating documents. 

4 

8. Any UAS that has undergone maintenance or alterations that affect the UAS operation 

or flight characteristics, e.g., replacement of a flight critical component, must undergo 

a functional test flight prior to conducting further operations under this exemption. 

Functional test flights may only be conducted by a PIC with a VO and must remain at 

least 500 feet from other people. The functional test flight must be conducted in such 

a manner so as to not pose an undue hazard to persons and property. 

9. The operator is responsible for maintaining and inspecting the UAS to ensure that it is 

in a condition for safe operation. 

10. Prior to each flight, the PIC must conduct a pre-flight inspection and determine the 

UAS is in a condition for safe flight. The pre-flight inspection must account for all 

potential discrepancies, e.g., inoperable components, items, or equipment. If the 

inspection reveals a condition that affects the safe operation of the UAS, the aircraft is 

prohibited from operating until the necessary maintenance has been performed and the 

UAS is found to be in a condition for safe flight. 

11. The operator must 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 of exemption, a PIC must hold either an airline transport, 

commercial, private, recreational, or sport pilot certificate. The PIC must also hold a 

current FAA airman medical certificate or a valid U.S. driver's license issued by a 

state, the District of Columbia, 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 or her pilot certificate. 

14. The operator may not permit any PIC to operate unless the PIC demonstrates the 

ability to safely operate the UAS in a manner consistent with how the UAS will be 

operated under this exemption, including evasive and emergency maneuvers and 

maintaining appropriate distances from persons, vessels, vehicles and structures. PIC 

qualification flight hours and currency must be logged in a manner consistent with 
5 

14 CFR § 61.51(b). Flights for the purposes of training the operator's PICs and VOs 

(training, proficiency, and experience-building) and determining the PIC's ability to 

safely operate the UAS in a manner consistent with how the UAS will be operated 

under this exemption are permitted under the terms of this exemption. However, 

training operations may only be conducted during dedicated training 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 may not be conducted during night, as defined in 14 CFR § 1.1. All 

operations must be conducted under visual meteorological conditions (VMC). Flights 

under special visual flight rules (SVFR) are not authorized. 

16. The UA may not operate within 5 nautical miles of an airport reference point (ARP) as 

denoted in the current FAA Airport/Facility Directory (AFD) or for airports not 

denoted with an ARP, the center of the airport symbol as denoted on the current 

FAA-published aeronautical chart, unless a letter of agreement with that airport's 

management is obtained or otherwise permitted by a COA issued to the exemption 

holder. The letter of agreement with the airport management must be made available 

to the Administrator or any law enforcement official upon request. 

17. The UA may not be operated less than 500 feet below or less than 2,000 feet 

horizontally from a cloud or when visibility is less than 3 statute miles from the PIC. 

18. If the 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 in the event ofunpredicted obstacles 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 or with the reserve 

power recommended by the manufacturer if greater. 

21. Air Traffic Organization (ATO) Certificate of Waiver or Authorization (COA). All 

operations shall be conducted in accordance with an A TO-issued COA. The 

exemption holder may apply for a new or amended COA if it intends to conduct 

operations that cannot be conducted under the terms of the attached COA. 

" 22. All aircraft operated in accordance with this exemption must be identified by serial 

number, registered in accordance with 14 CFR part 4 7, and have identification 

(N-Number) markings in accordance with 14 CFR part 45, Subpart C. Markings must 

be as large as practicable. 
6 

23. Documents used by the operator to ensure the safe operation and flight of the UAS and 

any documents required under 14 CFR §§ 91.9 and 91.203 must be available to the 

PIC at the Ground Control Station of the UAS any time the aircraft is operating. 

These documents must be made available to the Administrator or any law enforcement 

official upon request. 

24. The UA must remain clear and give way to all manned aviation operations and 

activities at all times. · 

25. The UAS may not be operated by the PIC from any moving device or vehicle. 

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 sufficiently protect nonparticipating persons 

from the UA and/or debris in the event of an accident. The operator must ensure 

that nonparticipating persons remain under such protection. If a situation arises 

where nonparticipating persons leave such protection and are within 500 feet of 

the UA, flight operations must cease immediately in a manner ensuring the safety 

of nonparticipating persons; and 

b. The owner/controller of any vessels, vehicles or structures has granted permission 

for operating closer to those objects and the PIC has made a safety assessment of 

the risk of operating closer to those objects and determined that it does not 

present an undue hazard. 

The PIC, VO, operator trainees or essential persons are not considered 

nonparticipating persons under this exemption. 

27. All operations shall be conducted over private or controlled-access property with 

permission from the property owner/controller or authorized representative. 

Permission from property owner/controller or authorized representative will be 

obtained for each flight to be conducted. 

28. Any incident, accident, or flight operation that transgresses the lateral or vertical 

boundaries of the operational area as defmed by the applicable COA must be reported 

to the FAA's UAS Integration Office (AFS-80) within 24 hours. Accidents must be 

reported to the National Transportation Safety Board (NTSB) per instructions 

contained on the NTSB Web site: www.ntsb.gov. 

If this exemption permits operations for the purpose of closed-set motion picture and 

television filming and production, the following additional conditions and limitations apply. 

29. The operator must have a motion picture and television operations manual (MPTOM) 

as documented in this grant of exemption. 
7 

30. At least 3 days before aerial filming, the operator of the UAS affected by this 

exemption must submit a written Plan of Activities to the local Flight Standards 

District Office (FSDO) with jurisdiction over the area of proposed filming. The 3-day 

notification may be waived with the concurrence of the FSDO. The plan of activities 

must include at least the following: 

a. Dates and times for all flights; 

b. Name and phone number of the operator for the UAS aerial filming conducted 

under this grant of exemption; 

c. Name and phone number of the person responsible for the on-scene operation of 

the UAS; 

d. Make, model, and serial or N-Number ofUAS to be used; 

e. Name and certificate number ofUAS PICs involved in the aerial filming; 

f. A statement that the operator has obtained permission from property owners 

and/or local officials to conduct the filming production event; the list of those 

who gave permission must be made available to the inspector upon request; 

g. Signature of exemption holder or representative; and 

h. A description of the flight activity, including maps or diagrams of any area, city, 

town, county, and/or state over which filming will be conducted and the altitudes 

essential to accomplish the operation. 

31. Flight operations may be conducted closer than 500 feet from participating persons 

consenting to be involved and necessary for the filming production, as specified in the 

exemption holder's MPTOM. 

Unless otherwise specified in this grant of exemption, the UAS, the UAS PIC, and the UAS 

operations must comply with all applicable parts of 14 CFR including, but not limited to, 

parts 45, 47, 61, and 91. 

This exemption terminates on May 31, 2017, unless sooner super.seded or rescinded. 

Sincerely, 

Is/ 

John S. Duncan 

Director, Flight Standards Service 
UNITED STATES OF AMERICA 

DEPARTMENT OF TRANSPORTATION 

FEDERAL AVIATION ADMINISTRATION 

Washington, DC 20591 

January ao. 2015 

The attached paperwork is 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.com 
UNITED STATES OF AMERICA 

DEPARTMENT OF TRANSPORTATION 

FEDERAL AVIATION ADMINISTRATION 

Washington, DC 20591 

January 30, 2015 

The Copter Shop, Inc. petitions for a Grant 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 OJ I Inspire 1 with 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 FAA class 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 any flight. 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 

prior to commercial operations. To maintain proficiency we 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 day of the 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 of the s1ze of (he aircraft, we propose to instaflthe "N" on the fuselage but do 

not think there is adequate space to also place any of the categories mentioned 

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Section 61.113(a) and (b) prescribes that-

(a) no person who holds a private pilot certificate may act as a pilot in command of an 

'aircraft that is carrying passengers or property for Compensation or hire; nor may that 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 that business or employment; and 

(2) The aircraft does not carry passengers or property for compensation or 

hire. · 

Since we will not be carrying anypassengers or property for compensation we feel a private 

pilot can carry out the responsibilities of the PIC. · · · 

Section 91.7(a) prescribes that no person may operate a ciVfl aircraftunless itis ih an 

airworthy condition. 

An exemption is requested to 91.7(a) because the UAV does not have to receive an 

airwoJthy condition by theFAA 

Section 91.7(b) prescribes that the pilot in command of a civil aircraft is responsible for 

determining whether that aircraft is in condition for safe flight and that the PIC shall 

discontinue the flight when un airworthy mechanical, electrieal, or structural conditions occur. 

We will rerrriinate any flight when tt1e aircraft becomes un airworthy with mechanical, 

electrical or structural 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 approved manual for the Phantom 2 bul' we are submitting the following 

that we feel will suffice. Flow Chart, quick start check list, user manual and advanced check lisl. 

In addition we have prepared our own company operating manual and finally we have created a 

check list to ensute a Safe operation. 

Section 91.103(b} prescribes that a pilot shall for any flight, become familiar .with runway 

lengths at airports of intended Use .• and takeoff and landing distance information. 

The Phantom 2 does not use any runwayfOI' take off and the company policy is that the 

Phantom 2 will remain clear of all ramps, taxiways and runways associated with any airport 

Section 91.1 09(a) prescribes, in pertinent part, that no 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. 

The Phantom 2 does not l1ave dual flighf controls and at! instructiOn is via the one 

controller. We therefore request an exemption from this requirement 
Section 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 near any po1•.:er lines, light posts or any other 

powered obstacle 

(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 1,000 feet above the highest obstacle 

within a horizontal radius of 2,000 feet of the aircraft. 

We will not operate the Phantom 2 over any congested areas. 

(c) Over other than congested areas. An altitude of 500 feet above the surface, except over 

open water or sparsely populated areas. In those cases, the aircraft may not be operated 

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

Because of small size of the Phantom 2 (3 lbs) and the fact there Is no fuel on board we 

·feel as how we offer no risk to flying less than 500 in other than congested areas. We would Jlke 

to operate like powered parachutes in that we will ensure that we do not present any hazard to 

persons or property on the surface. In addition we will ensure we have permiss;on from the 

owner of any vehicle or property prior to 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 altimeter but uses GPS signals to compute 

allitude. We will set the aWtude to zero prior to take off so as to be able to know altitude above 

the ground at all limes. 

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 to 
fly 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 fuel but uses battery power we requr;;st the 

following. Tile battery on the Phantom 2 has 2 tights that come on when the battery is at 30% 

power and we would like to use that as· the platmingto return for a safe landing~ Most of our 

fligl7ts will not exceed 10 mins in flight and since the baflery has a normal 25 minute range this 

30% factor should provide a safe return point. We will ensure that all flights consider winds in 

determk1ing there return point as they could have .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 of the 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 or cockpit entrance so that it ls legible to passengers or crew. 

Since there is no requirement for an airworthiness certificate for the Phantom 2 this 

requirement would not be appropriate .. ln .. addition because of the size of the aircraft t11ere is just 

not a place to display l/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 E of 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 of the chapter.4 

There is no approved maintenance program for the Phantom 2 but we will ensure that it 

goes through a complete overllaul by an 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 a person authorized under§ 43.7 of the same chapter. 

After any maintenance that requires change of engine orpropefler that aircraft will 

undergo an test flight by 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 

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an airworthiness certificate in accordance with part 21 of this chapter. 

After any maintenance that requires change of engine or propeller that aircraft will 

undergo a test flight by the PIC in a remote unpopulated area 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) of this section: 

(1) Records of the maintenance, preventive maintenance, and alteration and 

records of the 1 00-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 of the 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) The total 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 of the 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 of compliance, 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) of this chapter for each 

major alteration to the airframe and currently installed engines, rotors, 

propellers, and appliances. 

(b) The owner or operator shall retain the following records for the periods prescribed: 

(1) The records specified in paragraph (a)(1) of this section shall be retained 

until the work is repeated or superseded by other work or for 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 at1 fl1ght 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 nolilled by the mt~r:Aacture t DJli 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 he will 

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 under this 

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 of battery 

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 if communication 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 if operations 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 prior to 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 at a 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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