April 22, 2015

U. S. Department of Transportation

Docket Management System

1200 New Jersey Ave., SE

Washington DC 20590

Re: Exemption Request Pursuant to Section 333 of the FAA Reform 

Act and Part 11 of the Federal Aviation Regulations from: 14 CFR 

61.113(a) and (b); 91.103; 91.119(c); 91.121; 91.151(a); 91.405(a); 

91.407(a)(1); 91.409 (a)(1) and (2); 91.417(a) and (b).

Dear Sir or Madam:

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

(the “Reform Act”) and 14 C.F.R. Part 11, HighGround Images, LLC, an 

operator of Small Unmanned Aircraft Systems (“sUASs”) for aerial image 

acquisition including but not limited to, the following industries: motion 

picture and television, real estate, short range inspection, mapping & 

survey, agriculture, search & rescue, hereby applies for an exemption from 

the Federal Aviation Regulations (“FARs”) to allow commercial operation of 

its sUASs.

HighGround Images, LLC's requested exemption would permit the 

operation of sUAS under controlled and secure conditions that is: (i) limited, 

(ii) predetermined, (iii) subject to controlled access, and (iv) provide greater 

safety in connection with aircraft operations. As established by the 

exemptions already granted by the FAA, approval of HighGround Images, 

LLC's exemption would enhance safety and fulfill the Secretary of 

Transportation’s (the FAA Administrator’s) responsibilities to “...establish 

requirements for the safe operation of such aircraft systems in the national 

airspace system.” Section 333(c) of the Reform Act.

The name and address of the applicant is:

HighGround Images, LLC

Whitney M. Johnson

Phone: 480 335 9242

Email: whit@highgroundimages.com

Address: 310 E Port Au Prince Ln., Phoenix AZ 85022

Regulations from which the exemption is requested:

14 CFR 61.113(a) and (b)

14 C.F.R. 91.103

14 C.F. R. 91.119

14 C.F.R. 91.121

14 CFR 91.151(a)

14 CFR 91.405(a)

14 CFR 407(a)(1)

14 CFR 409(a)(2)

14 CFR 417(a) and (b)

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sUASs operated by HighGround Images, LLC weigh less than 55 pounds, 

including the payload (i.e. camera, lens, and gimbal). They operate at 

speeds of no more than 50 knots, can hover, and can simultaneously move 

vertically and horizontally. HighGround Images, LLC will only operate its 

sUASs in line of sight and will operate only within the secure area described 

in the FOPM. Such operations will insure that the sUAS will “not create a 

hazard to users of the national airspace system or the public.”

Given the small size of HighGround Images, LLC's sUASs and the 

restricted secure environment within which they will operate, HighGround 

Images, LLC's sUAS operations adhere to the Reform Act’s safety 

requirements. Additionally, due to the size of the sUASs, permission from 

relevant property owners or other applicable parties, and the limited areas 

in which they will operate, approval of this application presents no national 

security issues. Based on the substantial level of safety surrounding the 

proposed operations, and the significant public benefit (enhanced safety), 

reduction in environmental impacts (reduced emissions and noise), the 

grant of the requested exemption is in the public interest. Accordingly, 

HighGround Images, LLC respectfully requests that the FAA grant the 

requested exemption.

Aircraft And Equivalent Level Of Safety

The operating limitations proposed by HighGround Images, LLC provide for 

at least an equivalent or higher level of safety because operations further 

enhance safety of aerial image collection using conventional aircraft.

The limitations and conditions include:

 • The sUASs will weigh less than 55 pounds. Frequently far less. 

 • Flights will be operated within line of sight of a pilot and/or observer. 

 • Maximum flight time for each operational flight will be no more than 30 

minutes. Flights will be terminated at no less than 25% battery power 

reserve should that occur prior to the 30 minute limit. 

 • Flights will be operated at an altitude below 400 feet AGL, and not 

more than 200 feet above an elevated platform from which filming is 

planned. 

 • Minimum crew for each operation will consist of the sUAS Pilot, the 

Visual Observer, and the Camera Operator. 

 • A sUAS pilot will be an FAA licensed airman with at least a sport pilot’s 

certificate, and third class medical or valid US or Canadian drivers 

license. 

 • A sUAS pilot will be Pilot in Command (PIC). 

 • The sUAS will only operate within a confined secure area as defined 

in the FOPM. 

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 • A briefing will be conducted for planned sUAS operations prior to each 

day’s flight. All personnel performing duties within the boundaries of 

the safety perimeter are required to attend. 

 • The operator will obtain consent of all persons involved in the filming 

and ensure that only consenting persons will be allowed within 500 

feet of the flight operation.

 • The Pilot and observer must be trained in sUAS operations and have 

received current information on the particular sUAS to be operated as 

required by the FOPM. 

 • The Observer and pilot will be able to communicate by voice and/or 

text at all times. 

 • Written and/or oral permission from the relevant property holders will 

be obtained prior to flight operations. 

 • All appropriate permissions and permits will be obtained from 

territorial, state, county, or city jurisdictions, including local law 

enforcement, fire, or other appropriate governmental agencies. 

 • If the sUAS loses communications or loses its GPS signal, the sUAS 

will have the capability to return to a pre-determined location within the 

secure perimeter and land. 

 • The sUAS will have the capability to abort a flight in case of 

unpredicted obstacles or emergencies.

14 C.F.R. § 61.113(a) and (b): Private Pilot Privileges and Limitations:

 Pilot in Command 

Sections 61.113 (a) and (b) limit private pilots to non-commercial 

operations. Because the sUAS will not carry a pilot or passengers, the 

proposed operations can achieve the equivalent level of safety of 

current operations by requiring the PIC operating the aircraft to have a 

private pilot’s license rather than a commercial pilot’s license to 

operate a sUAS. Unlike a conventional manned aircraft, a sUAS is 

remotely controlled by a ground-based operator. The operational area 

is controlled and restricted, and all flights are planned and coordinated 

in advance. The level of safety exceeds that provided by a single 

individual holding a commercial pilot’s certificate operating a 

conventional aircraft. The risks associated with the use of a sUAS are 

so diminished from the level of risk associated with commercial 

operations contemplated by Part 61 allowing sUAS use by a sport pilot 

as the PIC exceeds the present level of safety sought by 14 C.F.R. 

§61.113 (a) and (b). 

14 C.F.R. § 91.103:

Preflight Action 

Section 91.103 requires each pilot to preflight an aircraft before flight 

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to insure the safety of flight. As FAA approved rotorcraft flight manuals 

will not be used, an exemption is requested. However, an equivalent 

level of safety will be provided. The PIC will take all actions, including 

reviewing weather, flight battery requirements, landing and takeoff 

distances, and aircraft performance data before commencement of 

flight.

14 C.F.R. §91.119(c): Minimum Safe Altitudes

Section 91.119 establishes safe altitudes for operation of civil aircraft. 

Section 91.119 provides, in pertinent part, that: “except when necessary for 

takeoff or landing, no person may operate an aircraft below the following 

altitudes: .....

(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 HighGround Images, LLC requests authority to operate at 

altitudes no higher than 400 AGL, and not more than 200 above an 

elevated platform from which filming is planned, an exemption is needed to 

allow such operations. Except for the limited conditions stated in the FOPM, 

the sUAS will never operate higher than 400 AGL. It will, however, be 

operated in a restricted area within a security perimeter, where buildings 

and people will not be exposed to operations without their pre-obtained 

consent.

The equivalent level of safety will be achieved given the size, weight, and 

speed of the sUAS as well as the location where it is operated. No flight will 

be taken without the permission of property owners or local officials. 

Because of the advance notice to the property owners and participants in 

the filming activity, all affected individuals will be informed of the planned 

flight operations. Compared to flight operations for manned aircraft and the 

lack of flammable fuel, any risk associated with the proposed sUAS 

operations is far less than conventional aircraft operating at or below 500 

AGL. In addition, the low-altitude operations of the sUAS will ensure 

separation between a sUAS and conventional aircraft.

14 C.F.R. §91.121: Altimeter Settings

Section 91.121 requires 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.” As a sUAS may not have a barometric altimeter, but instead a 

GPS altitude data, an exemption is needed. An equivalent level of safety 

will be achieved by the operator, pursuant to the FOPM and Safety Check 

list, confirming the altitude of the launch site shown on the GPS altitude 

indicator before flight.

14 C.F.R. §91.151(a): Fuel Requirements for Flight in VFR Conditions

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Section 91.151(a) prohibits an individual from beginning “a flight in an 

airplane under VFR conditions unless (considering wind and forecast 

weather conditions) there is enough fuel to fly to the first point of intended 

landing, and, assuming normal cruising speed – (1) During the day, to fly 

after that for at least 30 minutes . . . .”

The typical battery powering the HighGround Images, LLC sUASs provides 

less than 30 minutes of powered flight. To meet the 30-minute reserve 

requirement in 14 CFR §91.151, sUAS flight would not be possible. Given 

the limitations on the sUAS’s proposed flight area and its proposed 

operations within a predetermined location, a longer time frame for flight in 

daylight VFR conditions is reasonable. Furthermore, operating the sUASs in 

a tightly controlled area where only people, property owners, or official 

representatives who have signed waivers will be allowed, less than 30 

minutes of reserve fuel does not engender the type of risk that §91.151(a) 

was intended to address.

HighGround Images, LLC believes that safety can be achieved by limiting 

flights to 30 minutes or 25% of battery power, whichever occurs first. This 

restriction would be more than adequate to return the sUAS to its predetermined landing zone from anywhere in its limited operating area.

14 C.F.R. §91.405 (a); 407 (a) (1); 409 (a) (2); 417(a) & (b): Maintenance 

Inspections

These regulations require that an aircraft operator or owner shall “have that 

aircraft inspected as prescribed in subpart E of this part and shall between 

required inspections, except as provided in paragraph (c) of this section, 

have discrepancies repaired as prescribed in part 43 of this chapter...,” and 

others shall inspect or maintain the aircraft in compliance with Part 43.

Given that these sections and Part 43 apply only to aircraft with an 

airworthiness certificate, these sections will not apply to HighGround 

Images, LLC operations. Maintenance will be accomplished by the operator. 

An equivalent level of safety will be achieved because the sUASs are 

limited in size, will carry a small payload and operate only in restricted 

areas for limited periods of time. If mechanical issues arise, the sUAS can 

land immediately and will be operating from no higher than 400 feet AGL. 

As provided in the FOPM, the operator will ensure that the sUAS is in 

working order prior to flight, perform any required maintenance, and keep a 

log of any maintenance performed. Moreover, the operator is the person 

most familiar with the sUAS and best suited to maintain it in an airworthy 

condition.

Summary for Publication

Pursuant to 14 C.F.R. Part 11, the following summary is provided for 

publication in the Federal Register, should it be determined that publication 

is needed:

HighGround Images, LLC seeks an exemption from the following rules:

14 C.F.R. §§ 61.113(a) and (b); 91.103; 91.119(c); 91.121; 91.151(a); 

91.405(a); 91.407(a)(1); 91.409(a)(2); and 91.417(a) and (b) to operate 

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commercially a small unmanned vehicle (55 pounds or less) in commercial 

image acquisition operations.

As established by the sUAS exemptions already granted by the FAA, 

allowing commercial operations of sUASs in agriculture, real estate, 

inspection, S & R, and film industries will enhance safety by reducing risk. 

Conventional survey, agricultural, mapping, inspection, and film operations, 

using turbine aircraft, operate at low altitudes and present the risks 

associated with aircraft that weigh around 4,000 pounds, and which carry 

large amounts of Jet A fuel. Such aircraft must also fly to and from the 

target location. In contrast, a sUAS weighing fewer than 55 pounds and 

powered by batteries eliminates virtually all of that risk given the small size 

and lack of combustible fuel. The sUAS is carried, and not flown, to target 

site. In this regard, the sUAS carries no passengers or crew and, therefore, 

will not expose them to the risks associated with manned flights.

The operation of sUASs conducted in the strict conditions outlined in the 

FOPM will provide an equivalent level of safety supporting the grant of the 

exemption requested herein. The sUASs operate at slow speeds, close to 

the ground, and in a secure environment. As a result, they are far safer than 

conventional operations conducted with turbine helicopters flying near the 

ground and people.

Privacy

All flights will occur over private or controlled access areas with the property 

owner’s prior consent and knowledge. Recognizable images will only be 

recorded of people who have given their consent or otherwise have agreed 

to be in the area where active image acquisition will take place.

Satisfaction of the criteria provided in Section 333 of the Reform Act of 2012 

(size, weight, speed, operating capabilities, proximity to airports and 

populated areas and operation within visual line of sight and national 

security) provide more than adequate justification to grant HighGround 

Images, LLC’s requested exemption, allowing for HighGround Images, 

LLC's sUAS commercial operations for the listed industries pursuant to the 

included FOPM.

If you have any questions or need any additional information, please 

contact the undersigned by phone at 480 335 9242 or via email at 

whit@highgroundimages.com.

Sincerely,

Whitney M. Johnson

Managing Member

HighGround Images, LLC

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