12 May 2015

OnPoynt Unmanned Systems LLC, 5 High Mesa Pl ace 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 Pa ragraph 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 System s, dba OnPoynt Aerial Systems, operator of Small Unmanned aircraft Systems (“sUAS”), hereby applies for an exemption
fro m 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.

Commerci al operation sUAS, as described herein, which are equipped with cameras and sensors, would operate in the following Applications:

a erial 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 conserv ation ; 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 ; p ipeline survey, inspection and patrolling ; public entity support ; research and development ; risk assessment and management ; scientific data collection ; sensor deployment for the mining and minera l exploration industries ; STEM e ducation ; enhance public awareness of

s UAS ; s UAS flight training ; utility

- power generation system inspections and patrolling ; wi ldlife and forestry monitoring and other educational and research operations.

As described fully below, the requested exemption would permit the operation of sU AS 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 inthe 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 ap plicant is: OnPoynt Unmanned Systems LLC,

Attn : Ronald J Poynter

P h: 214

- 585

- 3740
Email: ron@onpoynt.com Address: 5 High Mesa Pl ace , 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 CF R 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 multi rotor and fixed wing aircraft weighing no more than 55lbs including payload. Under normal conditions they operate at speeds of no more than 87 kts

. 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 env ironment in which they will
b e 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 Transportatio n 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 operation al 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. Fligh ts 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. Fl ights 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. O peration al flights : sUAS Pilot and the Visual Obse rver (VO)

. b. T raining and educational flights : sUAS P ilot

, student pilot and VO (VO

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

. 6. The minimum qualification for an On Poynt pilot is a pe r son who holds a valid
driver’s license , has a minimum of 1 0 hours of sUAS flight time and 25 sUAS flight cycles

. 7. A brief ing 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 P ilot and VO will have been trained in operation of sUAS and receive up

to

- date information for the particular sUAS to be operated.

1 0 . The P ilot and VO will be able to communicate by voice, radio, and/or text at
all ti mes.
1 1 . 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

. 1 2 . If the sUAS loses communications or loses GPS si gnal, the sUAS will have the capability to return to a pre

- determined location within a designated location and land autonomously.

1 3 . 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

t he 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

Aviati on 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, orsafer, 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 enhancement s 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 n o 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). Markin g 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 o perator 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 app licable.

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, obse rver 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 helpfu l, 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 i n 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 certific ate 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 saf ety 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 abi lity 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 fligh t 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 fli ght. 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
functio ning 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

ap proved 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 carri ed 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 prescrib ed 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 equiv alent 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

pro perty 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 low

altitude operations of the sUAS will ensure separation between these sma ll

- UASoperations 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 altime ter 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 l evel 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 approxim ately 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 al leviate given the size and speed of the small UAS. Additionally, limiting mul tirotor 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 ba tteries 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 unl ess 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 achi eved 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 Insp ections. 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 discrepanci es 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 initiatin g 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

Aircr aft 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, a nd that the aircraft cannot travel further that 0.5 NM, OnPoynt proposes that the PILOT and VO, for operational flights, only be required to posses s a va lid 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 r otorcraft / 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

. T h e OnPoynt flight crew includes another pilot with a commercial airman’s certi ficate in rotorcraft and private SEL ratings.

OnPoynt has been in existence since 2012 and has conducted educational program s with the Boy Scouts and Girl Scouts as well as the Irving, Lewisville and Dallas school districts

. We have also cond ucted education and recreation science pro g rams for students at a
children’s science and technology activities center. We strictly follow the A c a demy 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 ad equate 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