12 May 2015

OnPoynt Unmanned Systems LLC, 

5 High Mesa Place

Richardson, TX 75080

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 21 subpart H; 14 CFR 45.23(b); 14 CFR 

61.113(a); 14 CFR 91.7(a); 14 CFR 91.9(b)(2); 14 CFR 91.103; 14 CFR 91.109; 14 CFR 

91.119(c); 14 CFR 91.121; 14 CFR 91.151(a); 14 CFR 91.203 (a) and (b); 14 CFR 91.405 (a); 

14 CFR 91.407 (a) (1) 14 CFR 91.409 (a)(1) and (2); 14 CFR 91.417(a) and (b), FAA Policy 

8900.227 Paragraph 16(c)(4) and Paragraph 16(e)(l).

Dear Sir or Madam: 

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

Act”) and 14 CFR Part 11, OnPoynt Unmanned Systems, dba OnPoynt Aerial Systems,

operator of Small Unmanned aircraft Systems (“sUAS”), hereby applies for an exemption 

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

its sUAS, so long as such operations are conducted within and under the conditions 

outlined herein or as my be established by the FAA as required by Section 333. 

Commercial operation sUAS, as described herein, which are equipped with cameras and 

sensors, would operate in the following Applications:

aerial monitoring at construction sites; aerial photography; closed set filming; aerial 

surveys, agricultural modeling, simulations and imaging; bridge inspections; cellular 

tower and compound surveys for wireless providers, construction and infrastructure

inspections and monitoring; data collection for natural resources and conservation;

demonstration flights; filmmaking, cinematography, and videography; flare stack 

inspection; aerial inspections for loss prevention and underwriting; aerial mapping;

market research, monitoring damage in the event of a natural disaster; pipeline survey, 

inspection and patrolling; public entity support; research and development; risk 

assessment and management; scientific data collection; sensor deployment for the 

mining and mineral exploration industries; STEM education; enhance public awareness of 

sUAS; sUAS flight training; utility-power generation system inspections and patrolling;

wildlife and forestry monitoring and other educational and research operations.

As described fully below, the requested exemption would permit the operation of sUAS 

under controlled conditions in the NAS that would be a) limited b) controlled c) 

predetermined and d) will provide safety enhancements to the already safe operations in 
the industry presently using conventional aircraft. Approval of this exemption would

thereby 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.” 

The name and address of the applicant is: 

OnPoynt Unmanned Systems LLC, 

Attn: Ronald J Poynter

Ph: 214-585-3740

Email: ron@onpoynt.com 

Address: 5 High Mesa Place, Richardson, Texas, 75080 

Regulations from which the exemption is requested: 

14 CFR Part 21 subpart H 

14 CFR 45.23 (b) 

14 CFR 61.113 (a) 

14 CFR 91.7 (a) 

14 CFR 91.9 (b) (2) 

14 CFR 91.103 

14 CFR 91.109 

14 CFR 91.119 (c) 

14 CFR 91.121 

14 CFR 91.151 (a) 

14 CFR 91.203 (a) & (b) 

14 CFR 91.405 (a) 

14 CFR 91.407 (a) (1) 

14 CFR 91.409 (a) (2) 

14 CFR 91.417 (a) & (b) 

FAA Policy 8900.227 Paragraph 16(c)(4) and Paragraph 16(e)(l).

OnPoynt Unmanned Systems (here after referred to as “OnPoynt”) will utilize and

operate DJI F450, Phantom, Aspire Quadcopters and the Vigilant "E" fixed wing aircraft.

Our sUAS are multirotor and fixed wing aircraft weighing no more than 55lbs including 

payload. Under normal conditions they operate at speeds of no more than 87kts. 

Multirotor have the ability hover and move along a vertical and horizontal plane 

simultaneously. They will operate in line of sight and will operate within a closed off and 

predetermined area owned and/operated by the property representative. 

Given both the small size of the sUAS and the controlled environment in which they will 

be operated, the proposed operations will adhere to the Reform Act’s safety 

requirements. The approval of this application presents no national security issues. 

Regarding the level of safety surrounding the proposed operations, its public benefit, and 

the reduction in environmental impacts, including but not limited to reduced emissions 

and noise, the grant of U.S. Department of Transportation exemption for OnPoynt is in 

the public interest. Accordingly the applicant requests that the FAA grant the requested 

exemption with minimum delay. 

AIRCRAFT OPERATIONS AND SAFETY CONSIDERATIONS

The operational limitations proposed will further enhance the safety of persons and/or 

property when compared to the use of conventional aircraft. 
These limitations and conditions to which the applicant agrees to adhere to when 

conducting commercial operations under the FAA issued exemption as set forth in the 

Flight Operations Manual (FOM) include: 

1. The sUAS will weigh less than 55 lbs. 

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

3. Maximum flight time for each operational flight will be 30 minutes. Flights will 

be terminated at 25% battery power reserve or 30 minutes of flight time 

whichever occurs first. 

4. Flights will be operated at an altitude of no more than 400 feet Above Ground 

Level (AGL) and not more than 200 feet above an elevated platform from which 

filming is planned. 

5. Minimum crew will consist of:

 a. Operational flights: sUAS Pilot and the Visual Observer (VO). 

 b. Training and educational flights: sUAS Pilot, student pilot and VO (VO 

may also be a student). All students will be supervised by the pilot. 

6. The minimum qualification for an OnPoynt pilot is a person who holds a valid 

driver’s license, has a minimum of 10 hours of sUAS flight time and 25 sUAS

flight cycles. 

7. A briefing will be performed regarding the planned sUAS operations prior to 

each day’s flight consisting of all the days’ production activities. 

8. The operator will obtain verbal/written consent of all persons involved with 

the planned operation and ensure that only consenting persons will be allowed 

within 100 feet of the flight operation, and the radius may be reduced to 30 feet 

based upon an equivalent level of safety determination, as required under the 

FOM. With the advanced permission of the FSDO, operations at closer range 

may be approved. 

9. The Pilot and VO will have been trained in operation of sUAS and receive upto-date information for the particular sUAS to be operated. 

10. The Pilot and VO will be able to communicate by voice, radio, and/or text at 

all times. 

11. Written and/or verbal permission and permits will be obtained from 

territorial, state, county or city jurisdictions, including law enforcement, fire or 

other appropriate governmental agencies as required. 

12. If the sUAS loses communications or loses GPS signal, the sUAS will have the 

capability to return to a pre-determined location within a designated location 

and land autonomously. 

13. The sUAS pilot will have the capability to abort a flight in case of unpredicted 

obstacles, weather, or emergencies. 

14 C.F.R. Part 21, Subpart H: Airworthiness Certificates 14 C.F.R. §91.203 (a) (1) 

Subpart H, entitled Airworthiness Certificates, establishes the procedural requirements 

for the issuance of airworthiness certificates as required by FAR §91.203 (a) (1). Given 

the size and limited operating area associated with the aircraft to be utilized by the 

Applicant, an exemption from Part 21 Subpart H meets the requirements of an 

equivalent level of safety under Part 11 and Section 333 of the Reform Act. The Federal 

Aviation Act (49 U.S.C.§44701 (f)) and Section 333 of the Reform Act both authorize the 

FAA to exempt aircraft from the requirement for an airworthiness certificate, upon 

consideration of the size, weight, speed, operational capability, and proximity to airports

and populated areas of the particular sUAS. In all cases, an analysis of these criteria 

demonstrates that the sUAS operated without an airworthiness certificate, in the 

restricted environment and under the conditions proposed will be at least as safe, or 
safer, than a conventional aircraft (fixed wing or rotorcraft) operating with an 

airworthiness certificate without the restrictions and conditions proposed. 

The sUAS to be operated hereunder is less than 55 lbs. fully loaded, carries neither a pilot 

nor passenger, carries no explosive materials or flammable liquid fuels, and operates 

exclusively within a secured and designated area. Unlike other civil aircraft, operations 

under this exemption will be tightly controlled and monitored by both the operator and 

under the requirements and in compliance with local public safety requirements. The 

FAA will have advance notice of all operations. These safety enhancements provide a 

greater degree of safety to the public and property owners than conventional operations 

conducted with airworthiness certificates issued under 14 C.F.R. Part 21, Subpart H. 

Lastly, application of these same criteria demonstrates that there is no credible threat to 

national security posed by the sUAS, due to its size, speed of operation, location of 

operation, lack of explosive materials or flammable liquid fuels, and inability to carry a 

substantial external load. 

14 C.F.R. § 45.23 (b). Marking of the Aircraft 

The regulation requires: 

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. 

Even though the sUAS will have no airworthiness certificate, an exemption may be 

needed as the sUAS will have no entrance to the cabin, cockpit or pilot station on which 

the word “Experimental” can be placed. Given the size of the sUAS, two-inch lettering 

will be impossible. The word “Experimental” will be placed on the fuselage in compliance 

with §45.29 (f). 

The equivalent level of safety will be provided by having the sUAS marked on its fuselage 

as required by §45.29 (f) where the pilot, observer and others working with the sUAS will 

see the identification of the sUAS as “Experimental.” 

14 C.F.R. § 61.113 (a): Private Pilot Privileges and Limitations: Pilot in Command. U.S. 

Pursuant to 14 CFR 61.113 (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. Our sUAS do not carry any pilots or passengers nor property 

therefore I am seeking an exemption to 14 CFR 61.113(a). Although helpful, a pilot’s 

license will not ensure remote control piloting skills. The risks attendant to the operation 

of sUAS is far less than the risk levels inherent in the commercial activities outlined in 14 

CFR 61. I feel the operation and limitations set forth in the FOM will equate to the safe 

operation of the sUAS.

14 C.F.R. §91.7(a): Civil Aircraft Airworthiness. 

The regulation requires that no person may operate a civil aircraft unless it is in 

airworthy condition. As there will be no airworthiness certificate issued for the aircraft, 

should this exemption be granted, no FAA regulatory standard will exist for determining 

airworthiness. Given the size of the aircraft for maintenance and use of safety check lists 

prior to each flight an equivalent level of safety will be provided. 
14 C.F.R. § 91.9 (b) (2): Civil Aircraft Flight Manual in the Aircraft. 

Section 91.9 (b) (2) provides: No person may operate a U.S.-registered civil aircraft ... (2) 

For which an Airplane or Rotorcraft Flight Manual is not required by §21.5 of this 

chapter, unless there is available in the aircraft a current approved airplane or Rotorcraft 

Flight Manual, approved manual material, markings, and placards, or any combination 

thereof. The sUAS, given its size and configuration has no ability or place to carry such a 

flight manual on the aircraft, not only because there is no pilot on board, but because 

there is no room or capacity to carry such an item on the aircraft. The equivalent level of 

safety will be maintained by keeping the flight manual at the ground control point where 

the pilot flying the sUAS will have immediate access to it. 

14 C.F.R. § 91.103: Preflight Action. 

This regulation requires each pilot in command to take certain actions before flight to 

insure the safety of flight. As FAA approved rotorcraft flight manuals will not be provided 

for the aircraft an exemption will be needed. The PILOT will take all actions including 

reviewing weather, flight battery requirements, landing and takeoff distances and 

aircraft performance data before initiation of flight. 

14 C.F.R. §91.109: Flight Instruction. 

Section 91.103 provides 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. sUAS and remotely piloted aircraft, by their design do not have 

fully functional dual controls. Flight control is accomplished through the use of a control 

box that communicates with the aircraft via radio communications. The FAA has 

approved exemptions for flight training without fully functional dual controls for a 

number of aircraft and for flight instruction in experimental aircraft. The equivalent level 

of safety provided by the fact that neither a pilot nor passengers will be carried in the 

aircraft and by the size and speed of the aircraft. 

14 C.F.R. §91.119: Minimum Safe Altitudes. U.S. Department of Transportation 

Section 91.119 establishes safe altitudes for operation of civil aircraft. Section 91.119 (d) 

allows helicopters to be operated at less than the minimums prescribed, provided the 

person operating the helicopter complies with any route or altitudes prescribed for 

helicopters by the FAA. As this exemption is for a sUAS that is a helicopter and the 

exemption requests authority to operate at altitudes up to 400 AGL, or not more than 

200 above an elevated platform from which filming is planned, an exemption may be 

needed to allow such operations. As set forth herein, the sUAS will never operate at 

higher than 400 AGL with the exception that in circumstances where the sUAS is used to 

survey or photograph a structure whose height exceeds 400 feet AGL, the sUAS will not 

be operated more than 100' above the highest point on the structure. It will however be 

operated in a restricted area with 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, speed of the sUAS 

as well as the location where it is operated. No flight will be taken without the 

permission of the property owner or local officials. Because of the advance notice to the 

property owner and participants in the filming activity, all affected individuals will be 

aware of the planned flight operations. Compared to flight operations with aircraft or 

rotorcraft weighting far more than the maximum 55lbs. proposed herein and the lack of 

flammable fuel, any risk associated with these operations is far less than those presently 

presented with conventional aircraft operating at or below 500 AGL. In addition, the lowaltitude operations of the sUAS will ensure separation between these small- UAS 
operations and the operations of conventional aircraft that must comply with Section 

91.119. 

14 C.F.R. §91.121 Altimeter Settings. 

This regulation 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 the sUAS may not have a 

barometric altimeter, but instead a GPS altitude read out, an exemption may be needed. 

An equivalent level of safety will be achieved by the operator, pursuant to the safety 

check list and live flight data monitoring, 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 

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; or (2) At night, to fly 

after that for at least 45 minutes.” 

The battery powering the sUAS provides approximately 30 minutes of powered flight. To 

meet the 30 minute reserve requirement in 14 CFR §91.151, sUAS flights would be 

limited to approximately 10 minutes in length. Given the limitations on the sUAS’s 

proposed flight area and the location of its proposed operations within a predetermined 

area, a longer time frame for flight in daylight or twilight VFR conditions is reasonable. 

Applicant believes that an exemption from 14 CFR §91.151(a) falls within the scope of 

prior exemptions. Operating the small UAS, in a tightly controlled area where only people 

and property owners or official representatives who have signed waivers will be allowed, 

with less than 30 minutes of reserve fuel, does not engender the type of risks that 

Section 91.151(a) was intended to alleviate given the size and speed of the small UAS. 

Additionally, limiting multirotor sUAS flights to 10 minutes would greatly reduce the 

utility for which the exemption will be granted. Applicant believes that an equivalent 

level of safety can be achieved by limiting flights to 30 minutes or 25% of battery 

power— whichever happens first. This restriction would be more than adequate to 

return the multirotor sUAS to its planned landing zone from anywhere in its limited 

operating area. 

Fixed wing sUAS use batteries as well but have longer flight times. In these flights we 

establish a 25% battery power remaining point at which flights would be completed by. 

14 C.F.R. §91.203 (a) and (b): Carrying Civil Aircraft Certification and Registration 

The regulation provides in pertinent part: 

(a) Except as provided in § 91.715, no person may operate a civil aircraft unless 

it has within it the following: 

(1) An appropriate and current airworthiness certificate. . . . 

(b) No person may operate a civil aircraft unless the airworthiness certificate 

required by paragraph (a) of this section or a special flight authorization issued 

under §91.715 is displayed at the cabin or cockpit entrance so that it is legible to 

passengers or crew. 

The sUAS fully loaded weighs no more than 55 lbs. and is operated without an 

onboard pilot. As such, there is no ability or place to carry certification and 

registration documents or to display them on the sUAS. 
An equivalent level of safety will be achieved by keeping these documents at the ground 

control point where the pilot flying the sUAS will have immediate access to them, to the 

extent they are applicable to the sUAS. 

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 section and Part 43 apply only to aircraft with an airworthiness 

certificate, these sections will not apply to the applicant. Maintenance will be 

accomplished by the operator pursuant to the flight manual and operating handbook. An 

equivalent level of safety will be achieved because these small UASs are very limited in 

size and 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. The operator will ensure that the sUAS is in working 

order prior to initiating flight, perform required maintenance, and keep a log of any 

maintenance performed. Moreover, the operator is the person most familiar with the 

aircraft and best suited to maintain the aircraft in an airworthy condition to provide the 

equivalent level of safety. 

An equivalent level of safety will be achieved because maintenance and inspections will 

be performed in accordance with the sUAS Manufacturer's Manual, as referenced in the 

Aircraft Operations Manual (AOM). As provided in the FOM, the operator will ensure that 

the sUAS is in working order prior to initiating flight and perform required maintenance 

needed. 

FAA Policy 8900.227 Paragraph 16(c)(4) and Paragraph 16(e)(l).

Policy 8900.227 Paragraphs 16(c)(4) and 16(e)(l) stipulate that the PILOT and VO must

have valid medical evaluations, classified as FAA second-class medical certificates, in

order to perform as the Pilot In Command or the Visual Observer.

Considering that the PILOT and VO will both be on the ground, and that the aircraft 

cannot travel further that 0.5 NM, OnPoynt proposes that the PILOT and VO, for 

operational flights, only be required to possess a valid driver’s license. To obtain a 

Driver’s License the person must pass a vision test and as such is capable of seeing the 

sUAS and observing hazards of flight and operating the sUAS within FOM requirements. 

Additional Information 

The applicant, Ronald J Poynter, is a retired U.S. Army commissioned officer. He holds a 

Commercial airman’s certificate as a rotorcraft / helicopter pilot, a private Single Engine 

Land certificate and is an Advanced Ground Instructor. He has been involved in the 

building and piloting of remote controlled aircraft for more than 3 years. The OnPoynt 

flight crew includes another pilot with a commercial airman’s certificate in rotorcraft and 

private SEL ratings. 

OnPoynt has been in existence since 2012 and has conducted educational programs with 

the Boy Scouts and Girl Scouts as well as the Irving, Lewisville and Dallas school districts. 

We have also conducted education and recreation science programs for students at a 

children’s science and technology activities center. We strictly follow the Academy of 

Model Aeronautics’ safety rules and are all AMA members. 
Satisfaction of criteria provided in Section 333 of the Reform Act of 2012 provide more 

than adequate justification for the grant of the requested exemptions allowing the 

commercial operation of the applicant’s sUAS. 

Sincerely,

Ronald J Poynter

President

OnPoynt Unmanned Systems LLC