1

**High Flight Media** 3608 Espejo St. Northeast Albuquerque, New Mexico, 87111

Tel. 505.271.6880 info@highflightmedia.com U.S. Department of TransportationNovember 4 th, 2015 Docket Management System 1200 New Jersey

Ave S.E. Washington, D.C. 20590 Re: Request for Exemption under Section 333 of the FAA Modernization and Reform Act of 2012 and Part 11 of the Federal Aviation Regulations from Certain Provisions of 14 C.F.R. 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, Donnie Frank files this petition for exemption on behalf of himself and his company, High Flight Media (“High Flight Media”)

- a company that operates Small Unmanned Aircraft (“UA”) Systems (“UAS”) used to conduct Aerial Photography and Videography. Specifically, applicant seeks an exemption from the Federal Aviation Regulations (“FARs”) listed in Appendices A and B to allow commercial operation of its UAs, so long as such operations are conducted within and under the conditions outlined herein or as may b e established by the FAA in a grant of this petition. Approval of the exemption for petitioner will allow commercial operation of the DJI Phantom 1 for Geospatial Analys is, Aerial Photography, Aerial Videography, Aerial Mapping, Crop Inspections, Utility Inspections, Structure Inspections and Film Industry C losed Set Operations in Class G airspace nationwide, or as otherwise prescribed in an Air Traffic Organization (“ATO”) issued COA. The UA operations contemplated by this petition are in the public interest because they clearly satisfy the "Four D's" of exemplary uses of unmanned aircraft: to replace work that is dangerous, difficult, dull, or dirty, and at the same time provide an equivalent or greater level of safety than alternative manned aircraft operations. The UA covered by this petition is a small battery

-powered craft; the DJI Phantom 1 weighing approximately 3 .2 lbs. (1.4kg), inclusive of battery and payload. Operation of the UAs under the strict conditions proposed below will provide an equivalent level of safety, as Congress intended, while still allowing commercial operations. Operations using these UAs are far safer than conventional operations conducted with full

- scale helicopters and fixed

-wing aircraft that weigh thousands of pounds, carry highly flammable fuel, and operate in close proximity to the ground, trees, infrastructure, and people.2

Congress directed the FAA to consider seven factors in deciding whether to approve Section 333 exemption petitions

- size, weight, speed, operational capability, proximity to airports, proximity to populated areas, and operation within visual line of sight. In this case, each factor supports the exemption request. In particular, the UAs are small, and will operate at slow speeds and close to the ground. They will be able to fly more safely and efficiently, and will be able to conduct aerial photography and videography that otherwis e would be conducted via manned aircraft

- involving risk o f injury or death to photographers, inspectors and other risks to property. The substantial increase of safety and decrease of risk to human life and to property weighs heavily in favor of granting the exemption. Pursuant to 14 C.F.R. §11.35, petitioner requests confidential treatment for certain information provided with this request for exemption. Specifically, petitioner is submitting proprietary

documents, its Safety

P lans, the Phantom 1 User Manuals, and the DJI Training Documents, under separate cover as Exhibits 1

- 3 and 8. Itrequests that the information contained in those exhibits not be made public because they are trade secrets whose disclosure would harm petitioner and DJI, Ltd., the manufacturer of the Phantom series UAV ’s. They may contain valuable commercial data that is not publicly available and are protected from release under the Freedom of Information Act, 5 U.S.C. §552(b)(4). For your ease in reviewing this petition, please refer to the table o f contents which begins on page 3. If we can provide any additional information to facilitate greater understanding or review o f this document, please do not hesitate to contact us at 505

- 271

- 6880 or via email at info@highflightmedia.com. Regards,3 **Table of**  **Contents** I. Publishable Summary

................................ ................................ ................................ ........................... 5 II. Petitioner’s Contact Information

................................ ................................ ................................ ........... 5 III. Proposed Operations

................................ ................................ ................................ ............................. 6 A. The UA

................................ ................................ ................................ ................................ ........ 6 B. The Crew

................................ ................................ ................................ ........................ 7 C. Flight Conditions

................................ ................................ ................................ ............ 7 D. Flight Operations

................................ ................................ ................................ ............ 8 IV

. Aircraft and Equivalent Level of Safety

................................ ................................ .................. 9 V. Proposed Conditions of the Exemption

................................ ................................ ................... 9 VI

. Privacy

................................ ................................ ................................ ................................ ... 12 VII. Public Interest and Safety

................................ ................................ ................................ ...... 13 VIII. Regulations from Which Exemption is Requested

................................ ....................... 15 A. Appendix A: FARs as to which High Flight Media wishes the same determination to be made as has been made previously

................................ ................................ ............. 15 B. Appendix B: High Flight Media’s argument for exemption from 14 C.F.R. §61.113: Private pilot privileges and limitations: Pilot in command.

................................ ............ 18 1

. The FAA and foreign regulators recognize that obtaining a manned aircraft pilot license is unnecessary

for safe operation of a UA

................................ ................... 18 2

. The FAA has and has already exercised the authority to exempt applicants from the airman certificate requirement

................................ ................................ ............ 204 **Exhibit List**  Exhibit 1: High Flight Media MPTFOM...............Submitted separately due to upload constraints **DJI Phantom 1 Documents**  Exhibit 2: DJI Phantom 1 User Manual ....................Submitted separately due to upload constraints Exhibit 3: DJI Phantom 1 Quick Start Guide............Submitted separately due to upload constraints Exhibit 4: DJI Phantom 1 Specifications..............Submitted separately due to upload constraints Exhibit 5: DJI Phantom 1 Training Guide... ..........Submitted separately due to upload constraints Exhibit 6: DJI Naza

-M v2 User Manual ....................Submitted separately due to upload constraints5

**I. Publishable**  **Summary** Pursuant to 14 C.F.R. § 11, the following summary is provided for publication in the Federal Register, should it be determined that publication is needed: Applicant seeks an exemption from the following rules: 14 C.F.R 21(h); 14 C.F.R. 43.7; 14 C.F.R. 43.11; 14 C.F.R. 45.11; 14 C.F.R. 45.27; 14 C.F.R. 45.29; 14 C.F.R. 91.7(a); 14 C. F.R. 91.9(b)(2); 14 C.F.R. 91.9(c); 14 C.F.R. 91.103(b)(2); 14 C.F.R. 91.105; 14 C.F.R. 91.109; 14 C.F.R. 91.113(b); 14 C.F.R. 91.119(c); 14 C.F.R. 91.121; 14 C.F.R. 91.151(a); 14 C.F.R. 91.203(a) and (b); 14 C.F.R. 215; 14 C.F.R. 91. 403; 14 C.F.R. 91.405(a); 14 C.F.R. 91.407(a)(1); 14 C.F.R. 409(a)(1) and (a)(2); and 14 C.F.R. 91.417(a) and (b) to operate commercially asmall unmanned aircraft system (UA) (3.2 lbs. or less). Approval of the exemption requested by p etitioner will allow commercial operation of the DJIPhantom 1 for aerial Geospatial Analysis, Aerial Photography, Aerial Videography, Aerial Mapping, Crop Inspections, Utility Inspections, Structure Inspections and Film Industry C losed Set Operations in Class Gairspace nationwide, or as otherwise prescribed in an ATO issued COA. The requested exemption should be granted because operation of small UAs, weighing approximately 3 .2 lbs. (1.4 kg), inclusive of battery and payload, conducted in the strict conditions outlined below, will provide an equivalent level of safety, while still allowing commercial operations. The lightweight aircraft covered by the exemption are far safer than conventional operations conducted with helicopters and fixed

wing aircraft weighing thousands of pounds and carrying highly f lammable fuel, and operating in close proximity to the ground and people. The seven factors Congress directed the FAA to consider when approving Section 333 exemption petitions

- size, weight, speed, operational capability, proximity to airports, proximity

to populated areas, and operation within visual line of sight

– each support the request. In particular, the aircraft are small, and will operate at slow speeds, and close to the ground in order to more safely and efficiently conduct inspections that would otherwise involve a risk of death to the inspectors. The substantial increase of safety and decrease of risk to human life, coupled with the low risk use of UAs to conduct these operations, weigh heavily in favor of granting the exemption. **II. Petitioner’s Contact**  **Information** Donnie Frank Managing Member High Flight Media 3608 Espejo, St. Northeast Albuquerque, NM 87111 Tel: 505

-271

- 68806

**III. Proposed**  **Operations A.**  **The UA**  The requested exemption will permit the operation of one small, unmanned multirotor aircraft, the DJI Phantom 1. The specific conditions of the proposed exemption that relate to the characteristics of the UA are numbers 1, 5, and 16

-20 in Section V below

. Each has been adopted or imposed by

the FAA in numerous previous grants of Section 333 exemption petitions. This petition and all of the exhibits are collectively referred to as the “operating documents.”
**1. DJI Phantom 1** The requested exemption will permit petitioner to operate the Phantom 1, with a maximum weight of approximately 3 .2 lbs. (1.4 kg), inclusive of batteries and technical payload. This rotorcraft operates at a speed of no more than 40 knots and has the capability to hover and move in the vertical and horizontal planes simultaneously

. The UA will have the following specifications or equivalent: Airframe: DJI Phantom 1 Dimensions: diagonal motor

-motor distance 350 mm (approximately 13.78 in.). Flight Control System: DJINaza-M V2, which includes the GPS and Compass and the internal measurement unit (IMU), which contains an accelerometer and barometric altimeter that measures both attitude and altitude respectively. Motors: electric brushless motors with a combined thrust of 6.2 lbs. (est.). Propellers: 4x9” (DJI 9043’s) Data Link: 2.4 GHz USB ground modem Video Link: 5.8 Ghz OSD: visible via a dedicated mobile device which allows live telemetry to be displayed to the visual observer, including the battery level and altitude Batteries: 4000mAh

- 5200mAh LiPo Battery (application dependent). The FAA has previously approved use of the Phantom 1 in Exemption Nos. 11138, 11189, and 11191.7

**The Crew**  The crew will consist of a pilot in command (PIC) and a visual observer (VO). The PIC and VO will have been trained in operation of UAs generally and received up - to
date information on the UAs to be operated pursuant to this grant. The PIC will have completed, at a minimum:  For PICs of the Phantom 1: o 10 hours of simulator training on RealFlight RC Flight Simulator, utilizing a quadcopter

o The DJI Phantom 1 training guide, submitted as Exhibit 5. The PIC will be required to participate in annual training thereafter. The specific conditions of the proposed exemption that relate to the training and characteristics of the crew are numbers 3 and 6

- 9 in Section V below. Each has been adopted or imposed by

the FAA in numerous previous grants of Section 333 exemption petitions. **B. Flight**  **Conditions** The UA will be used to conduct Geospatial Analys is, Aerial Photography, Aerial Videography, Aerial Mapping, Crop Inspections, Utility Inspections, Structure Inspections and Film Industry

C losed Set Operations nationwide. Unless a written agreement is in place with local Air Traffic Control permitting use in other classes of airspace, it will only b e flown in Class G airspace, under 400 feet above ground level (“AGL”), and under controlled conditions over property that is restricted as stated in petitioner’s Safety P lan. Petitioner will work with the local FSDO when planning operations. Petitioner will only operate its UA in visual meteorological conditions (VMC). The UA will at all times be no less than 500 feet below and no less than 2,000 feet horizontally from a cloud, and petitioner will not conduct operations unless visibility is at least 3 statute miles from the PIC. The flight crew will always make a safety assessment of the risk of every

operation, and will only

operate when it is determined that no hazards are present. The specific conditions of the proposed exemption that relate to the flight conditions in which the UA will be operated are numbers 2, 4, 16, and 28

-29 in Section V below . Each has been adopted or imposed by the FAA in numerous previous grants of Section 333 exemption petitions.8

**C. Flight**  **Operations** The purpose of every

UA flight will be to safely, accurately, and efficiently conduct geospatial analys is and inspections of undeveloped property and public rights of way, or to take photos and/or video of property, structures, events, other points of interest, or scripted events on closed movie/film sets. The UA will conduct aerial surveys using RGB, NIR, infrared, and multispectral cameras, as well as LiDAR sensors. Once collected, this data will be used to conduct drainage studies, engineering grading analys is, and for resource management. Photos and video will be collected via digital cameras and will be used for inspections and/or advertisement and/or entertainment purposes. Every UA f light will use at minimum a two person flight crew: a PIC and a VO. The standard operational procedures that they will follow are set out in the following list. Aircraft Physical Inspection

– Preflight Preflight Checklist Post

- flight Checks Although the majority

o f flights will be over undeveloped property and away

f rom areas accessible to the public, certain flights will be over public roads and private property that could bring the UA within 500 feet of nonparticipating individuals. If this is the case , the flight crew will procure a temporary

b arricading permit that will safely prohibit vehicular and pedestrian access to the affected area for the duration of the operation. During road operations, men and women will work as flaggers to control the flow of traffic in both directions. This temporary restriction in traffic flow while the UA is directly overhead would prevent nonparticipating individuals from entering the area. However, should a nonparticipating individual or vehicle enter into the flight area, the operation will cease immediately and the PIC will land the UA, keeping the safety of the nonparticipating individual or vehicle as the priority

. The specific conditions of the proposed exemption that relate to flight operations are numbers 11

- 12, 17

-25, and 32

- 35 in Section V below. Each has been accepted or imposed by the FAA in numerous previous grants of Section 333 exemption petitions.9

**IV. Aircraft and Equivalent Level of**  **Safety** Petitioner proposes that the exemption apply to UAs that have the characteristics and that operate with the limitations proposed herein. These limitations provide for a level of safety at least an equivalent to or higher than manned aircraft operations under the current regulatory structure. Section V below identifies the limitations and conditions to which petitioner agrees to be bound when conducting commercial operations under a grant of this petition. Appendix A contains a matrix connecting (i) the specific proposed condition with (ii) the FAR provision for which it provides an equivalent level of safety and (iii) one or more recent Section 333 exemption grants in which the FAA recognized this equivalent level of safety. Approval of the commercial operations outlined in this petition presents no national security issue. The PIC is willing to undergo a background check, including the proposed Transportation Security Administration vetting process, to ensure that no national security threat is present. Operation and Certification of Small Unmanned Aircraft, 80 Fed. Reg. 9543 at 9572 (proposed Feb. 23, 2015 (to be codified at 14 C.F.R. Parts 21, 43, 45, et al.)). **V. Proposed Conditions of the**  **Exemption** 1. The Phantom 1 will weigh approximately 3.2 lbs. (1.4 kg.). 2. UA operations under this exemption will be limited to conducting operations for the purpose of Geospatial Analysis, Aerial Photography, Aerial Videography,Aerial Mapping, Crop Inspections, Utility

Inspections, Structure Inspections and Film Industry C losed Set Operations

. 3. Flights will be operated within line of sight of a pilot and visual observer. 4. Flights will be operated at an altitude of no more than 400 feet AGL, as indicated by the procedures specified in the operating documents. All altitudes reported to ATC must be in feet AGL. 5. The Phantom 1 will not be flown at an indicated airspeed exceeding 40 knots. 6. Minimum flight crew for each operation will consist of the pilot in command (PIC) and a visual observer (VO). 7. The PIC will have, at minimum, 25 hours of training on the UA to be operated under this grant before accepting commercial operations. 8. The petitioner will not permit any PIC to operate unless the PIC meets its qualification criteria and demonstrates the ability to safely operate the UA in a manner consistent with how the UA 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 will be logged in a manner consistent with 14 CFR § 61.51(b). A record of the PIC and VO training will be documented and made available upon request by

the Administrator. Training operations will only b e conducted d

uring dedicated training sessions. During training, proficiency, and experience

-building flights, all persons not essential for flight operations will be considered non-participants, and the PIC will operate the UA with appropriate distance from non

-participants in accordance with 14 CFR § 91.119.10

9. The VO will not perform any other duties beyond assisting the PIC with seeing and avoiding other air traffic and other ground based obstacles/obstructions, and will not be permitted to operate the camera or other instruments. 10. The PIC will be designated before the flight and will not be allowed to transfer his or her designation for the duration of the flight. The PIC will ensure that the VO can perform the functions prescribed in these conditions and the operating documents. 11. A briefing will be conducted in regard to the planned UA operations prior to each day ’s activities. It will be mandatory that all personnel who will be performing duties in connection with the operations be present for this briefing. 12. Prior to each flight, the PIC will inspect the UA, including the Ground Control Station, to ensure it is in a condition for safe flight. If the inspection reveals a condition that affects the safe operation of the UA, the PIC will not operate the UA until the necessary maintenance has been performed and the UA is found to be in a condition for safe flight. All maintenance and alterations will be properly documented in the aircraft records. 13. Petitioner will conduct a functional flight test on any UA that has undergone maintenance or alterations that affect the UA operation or flight characteristics, e.g. replacement of a flight critical component. The PIC who conducts the functional test flight will make an entry in the aircraft records. 14. The petitioner will carry out its maintenance, inspections, and record keeping requirements, in accordance with the UA manufacturer’s aircraft/component, maintenance, overhaul, replacement, inspection, and life limit requirements set forth in the operating documents. Maintenance, inspection, alterations, and status of replacement/overhaul component parts will be noted in the aircraft records, including total time in service, description of work accomplished, and the signature of the authorized person returning the UA to service. The authorized pers on will make an entry in the aircraft record of the corrective action taken against discrepancies discovered between inspections. 15. Each UA operated under the exemption will comply with all manufacturer Safety Bulletins. 16. The UA will be operated within visual line of sight (VLOS) of the PIC and VO at all times. This requires the PIC to be able to use human vision unaided by any device other than corrective lenses. PIC and VO will at all times be able to communicate verbally. They will not be permitted to use electronic messaging or texting to communicate during flight operations. 17. The PIC will not begin a flight unless (considering wind and forecast weather conditions) there is enough power to fly at normal cruising speed to the intended landing point and prepare to land the UA with 25% battery power remaining. 18. Actual total flight time for each operational flight will result in no less than a 25% battery reserve. 19. The UA will have the capability to abort a flight in case of unexpected obstacles or emergencies. 20. The UA will be programmed so that if it loses communications, it will return to a pre determined location within the planned operating area and land or be recovered in accordance11

with the operating documents 21. If the UA and its radio control link are disconnect during flight, the system’s failsafe protection will be triggered and the multirotor will return to home and land automatically, rather than flying off uncontrollably or landing at an unknown location. 22. The operating documents required under 14 CFR §§ 91.9 and 91.203 will be maintained and available to the PIC at the Ground Control Station of the UA any time the UA is operating. These documents will be made available to the Administrator or any l aw enforc ement official upon request. If a discrepancy exists between the conditions and limitations in the exemption grant and the procedures outlined in the operating documents, the grant conditions and limitations will take precedence and will be followed. Otherwise, the petitioner will follow the procedures outlined in its operating documents. If it updates or revises its operating documents, it will present updated and revised documents to the Administrator upon request. If the petitioner determines that any u p date or revision would affect the basis upon which the FAA granted the exemption, then the Petitioner will petition for an amendment to the grant of exemption. 23. Petitioner will obtain written and/or oral permission from the landowners/authorized agents of the landowners over which flights will be conducted. 24. Petitioner will obtain all required permissions and permits from territorial, state, county or city jurisdictions, including local law enforcement, fire, or other appropriate governmental agencies. 25. UA operations will not be conducted during night, as defined in 14 CFR § 1.1. All operations will be conducted under visual meteorological conditions (VMC). Flights will not be conducted under special visual flight rules (SVFR). 26. The UA will not be operated within 5 nautical miles of an airport reference point as denoted on a current FAA

-published aeronautical chart unless a letter of agreement with that airport’s management has been obtained, and the operation is conducted in accordance with a NOTAM as required by

the operator’s COA. Any l etter of agreement with the airport management will be made available to the Administrator upon request. 27. The UA will not be operated less than 500 feet below, or less than 2,000 feet horizontally from, a cloud or when visib ility is less than 3 statute miles from the PIC. 28. The petitioner will obtain an Air Traffic Organization (ATO) issued Certificate of Waiver or Authorization (COA) prior to conducting any operations under the grant of exemption. Petitioner will request a Notice to Airman (NOTAM) not more than 72 hours in advance, but not less than 48 hours prior to the operation. All operations will be conducted in accordance with airspace requirements in the ATO issued COA, including class of airspace, altitude level and potential transponder requirements.12

29. All operations shall be conducted in Class G airspace or as otherwise prescribed in an ATO issued COA. 30. All aircraft operated in accordance with this exemption will be identified by s erial 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 will be as large as practicable. 31. Before conducting operations, petitioner will ensure that the radio frequency spectrum used for operation and control of the UA complies with the Federal Communications Commission (FCC) or other appropriate government oversight agency requirements. 32. The UA will remain clear and yi eld the right of way to all manned aviation operations and activities at all times. 33. The UA will not be operated by the PIC from any moving device or vehicle. 34. The UA will not be operated over congested or densely populated areas. 35. Petitioner will conduct all flight operations at least 500 feet from all nonparticipating persons, vessels, vehicles, and structures unless one of the following three conditions is met:
a. Barriers or structures are present that sufficiently protect nonparticipating persons from the UA and/or debris in the event of an accident. The petitioner will 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, the PIC will ensure that flight operations cease immediately

. b. The aircraft is operated near vessels, vehicles or structures where the owner/controller of such vessels, vehicles or structures has granted permission 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.

c. Operations nearer to the PIC, VO, operator trainees or essential persons do not present an undue hazard to those persons per § 91.119(a). 36. Petitioner will report any incident, accident, or flight operation that trans gresses the lateral or vertical boundaries of the operational area as defined by the applicable COA to the FAA's UA Integration Office (AFS

- 80) within 24 hours. Petitioner will report accidents to the National Transportation Safety Board (NTSB) per instructions contained on the NTSB Web site: www.ntsb.gov. **VI. Privacy**  There is little concern that the proposed flights will cause invasions of privacy b ecause most flights will occur over undeveloped property, public rights of way, closed sets or private property. When the UA is being flown, the onboard cameras and sensors will be focused on the ground beneath the UA, and thus turned so as to be facing away f rom any occupied structures that may be in the area to minimize inadvertent video or still images of uninvolved persons.13

All data collected will be stored on a private hard drive. Should data be stored in any online medium, it will be password protected and not made available for public use. No nonparticipating individuals will be identified unless they are trespassing or interfering with petitioner’s operations. Should the information collected be made public, any nonparticipating individuals or vehicles will be blurred or blacked

- out. No attempt will be made to identify any individuals filmed during the flights except in cases where they are trespassing upon or damaging property, or interfering with petitioner’s or its customers’ operations. **VII. Public Interest and**  **Safety** The planned UA use will increase ground safety for aerial geospatial analysis projects. The enhanced safety and reduced environmental impact achieved using a 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 UA operation enabled by this exemption is in the public interest. 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 for the grant of the requested exemption allowing commercial operation of applicant’s UA, pursuant to High Flight Media’s operating procedures. Traditional methods for geospatial analys is lead to a number of risks for engineers because they require engineers to traverse large geographic areas while carrying heavy equipment necessary f or surveys. This equipment makes it difficult to navigate across rugged terrain. Engineers risk encounters with wildlife, including poisonous snakes. Engineers are also subject to prolonged exposure to the elements, especially in the height of summer and winter. At higher elevations, the dangers associated with extended exposure to cold temperatures are compounded. Traditional methods also take engineers into active mining sites, containing multi

-ton machines that could cause risk of life or injury to engineers. The presence of these engineers often leads to significant disruption of the mining site, which causes productivity and financial loss. Additionally, there are geographic areas that are culturally, archaeologically, and environmentally

sensitive that would otherwise be inaccessible. Many Native American Tribes do not allow non-tribe members to enter certain areas of their land due to their cultural and religious beliefs. Traditional survey methods can damage sensitive archaeological and environmental areas that need to be mapped, but using a manned aircraft would otherwise be cost prohibitive. Use of a UA will ameliorate many of the hazards associated with traditional methods. Individuals involved with operations will be respons ible for carrying less, and lighter, equipment, over shorter distances. There will be less risk of engineers running into wildlife, including stepping into dens of snakes. Individuals will be exposed to the elements for shorter periods of time because operations will be resolved more quickly

. This will significantly decrease time spent in 100oF or more temperatures during summer months and in 0°F or less during winter. UA flights over culturally, archaeologically, and environmentally s ensitive areas will allow these areas to be mapped without damaging those areas. Finally, when projects are over public roads, use of the UA will reduce the number of individuals who may

otherwise be in danger from careless motorists. Additionally, these analytical projects may be conducted more quickly, reducing the amount of time workers need to14

be in the road and the amount of time that traffic will be blocked.15

**VIII. Regulations from Which Exemption is**  **Requested A.**  **Appendix A: FARs as to which High Flight Media wishes the same determination to**  **be made as has been made previously.**  **FAR Provision**  **Applicable condition(s) in** 

**Section 5 of petition**  **FAA Exemption Decision**  21(h) 1, 2, 3, 4, 5, 16, 25, 28, 29,

34, 35 Nos. 11062, 11063, 11064, 11065, 11066, 11067, 11080, 11109, 11111, 11110, 11114, 11136, 11138, 11150, 11153, 11156, 11157, 11166, 11167, 11170, 11171, 11172, 11174, 11176, 11177, 11178, 11184, 11185, 11188, 11189, 11191, 11192, 11193, 11195 43.7 13, 14 No. 11208 43.11 12 No. 11208 45.11 30 No. 11208 45.27 39 No. 11188 45.29 30 Nos. 11136, 11157, 11170, 11185, 11193 61.113 7 See Appendix B for argument regarding why petitioner should be exempted from the private pilot license requirement 91.7(a) 12 Nos. 11062, 11063, 11064, 11065, 11066, 11067, 11080, 11109, 11110, 11136, 11138, 11150, 11153, 11156, 11157, 11158, 11160, 11161, 11166, 11167, 11170, 11171, 11172, 11174, 11177, 11178, 11184, 11185, 11188, 11189, 11191, 11192, 11193, 11195, 11204 91.9(b)(2) 22 Nos. 11062, 11063, 11064, 11065, 11066, 11067, 11080 , 11109, 11110, 11111, 11112, 11114, 11136, 11138, 11150, 11153, 11156, 11157, 11062, 11063, 11064, 11065, 11066, 11067, 11080, 11109, 11110, 11111, 11112, 11114, 11136, 11138, 11150, 11153, 11156, 11157, 11174, 11177, 11178, 11184, 11185, 11189, 11192, 11 193, 11195 91.9(c) 30 Nos. 11136, 11170, 11171, 11174, 11185 91.103(b)(2) 3, 9, 16, 17, 18, 19, 20, 28 No. 11062, 11063, 11064, 11065, 11066, 11067, 11080, 11109, 11138, 11150, 11153, 11156, 11158, 11160, 11161, 11166, 11167, 11171, 11172, 11176, 11177, 11178, 11184, 11185, 11188, 11188, 11189, 11191, 11192, 11193, 11195, 11204 91.105 6 No. 11185 91.113(b) 3, 32 No. 11238 91.119(c ) 4, 34 Nos. 11162, 11163, 11164, 11165, 11166, 111080, 111109, 11110, 11111, 11112, 11114, 11136, 11138, 11150, 11153, 11156, 11160 11161, 11166, 11167, 11170, 11171, 11172, 11174, 11176, 11178, 11185, 11188, 11189, 11190, 1119316

**FAR Provision**  **Applicable condition(s) in** 

**Section 5 of petition**  **FAA Exemption Decision**  91.121 4 Nos. 11162, 11163, 11164, 11165, 11166, 111080, 111109, 11136, 11138, 11150, 11153, 11156, 11160 11161, 11166, 11167, 11170, 11171, 11174, 11176, 11178, 11185, 11188, 11189, 11190, 11193 91.151(a) 17, 18 Nos. 11110, 11153, 11156, 11161; 111109, 11110, 11112, 11136, 11138, 11150, 11153, 11156, 11160 11161, 11166, 11167, 11170, 11171, 11172, 11174, 11176, 11178, 11185, 11188, 11189, 11190, 11193 91.203 (a) and (b) 22 Nos. 11062, 11063, 11064, 11065, 11066, 11067, 11080, 11109, 11110, 11111, 11112, 11114, 11136, 11138, 11150, 11153, 11156, 11157, 11170, 11171, 11172, 11174, 11176, 11177, 11178, 11184, 11185, 11188, 11188, 11189, 11191, 11192, 11193, 11195 91.215 26, 27 No. 11185, 11195 91.403 12, 13, 14 No. 11185 91.405(a) 12, 13, 14 Nos. 11062, 11063, 11064, 11065, 11066, 11067, 11080, 11109, 11110, 11111, 11112, 11114, 11136, 11138, 11150, 11153, 11156, 11157, 11158, 11160, 11161, 11166, 11167, 11170, 11171, 11172, 11174, 11176, 11177, 11178, 11184, 11185, 11188, 11188, 11189, 11191, 11192, 11193, 11195, 11204 91.407(a)(1) 14 Nos. 11062, 11063, 11064, 11065, 11066, 11067, 11080, 11109, 11110, 11111, 11112, 11114, 11136, 11138, 11150, 11153, 11156, 11157, 11158, 11160, 11161, 11166, 11167, 11170, 11171, 11172, 11174, 11176, 11177, 11178, 11184, 11185, 11188, 11188, 11189, 11191, 11192, 11193, 11195, 11204 91.409(a)(1) 12, 13, 14 Nos. 11062, 11063, 11064, 11065, 11066, 11067, 11080, 11109, 11110, 11111, 11112, 11114, 11136, 11138, 11150, 11153, 11156, 11157, 11158, 11160, 11161, 11166, 11167, 11170, 11171, 11172, 11174, 11176, 11 177, 11178, 11184, 11185, 11188, 11188, 11189, 11191, 11192, 11193, 11195, 11204 91.409(a)(2) 12, 13, 14 Nos. 11062, 11063, 11064, 11065, 11066, 11067, 11080, 11109, 11110, 11111, 11112, 11114, 11136, 11138, 11150, 11153, 11156, 11157, 11158, 11160, 11161, 11166, 11167, 11170, 11171, 11172, 11174, 11176, 11177, 11178, 11184, 11185, 11188, 11188, 11189, 11191, 11192, 11193, 11195, 1120417

**FAR Provision**  **Applicable condition(s) in** 

**Section 5 of petition**  **FAA Exemption Decision**  91.417(a) 12, 13, 14 Nos. 11062, 11063, 11064, 11065, 11066, 11067, 11080, 11109, 11110, 11111, 11112, 11114, 11136, 11138, 11150, 11153, 11156, 11157, 11158, 11160, 11161, 11166, 11167, 11170, 11171, 11172, 11174, 11176, 11177, 11178, 11184, 11185, 11188, 11188, 11189, 11191, 11192, 11193, 11195, 11204 91.417(b) 12, 13, 14 Nos. 11062, 11063, 11064, 11065, 11066, 11067, 11080, 11109, 11110, 11111, 11112, 11114, 11136, 11138, 11150, 11153, 11156, 11157, 11158, 11160, 11161, 11166, 11167, 11170, 11171, 11172, 11174, 11176, 11177, 11178, 11184, 11185, 11188, 11188, 11189, 11191, 11192, 11193, 11195, 1120418

**B. Appendix B: High Flight Media’s argument for exemption from 14 C.F.R. §61.113:**  **Private pilot privileges and limitations: Pilot in**  **command.** High Flight Media requests an exemption from 14 C.F.R. §61.113 so that the PIC of the UA will not be required to possess a private or commercial pilot’s license. As the FAA and numerous other national airspace regulators have recognized, UA operations conducted by persons who do not hold a pilot’s license can still achieve the equivalent level of safety o f current operations by manned aircraft with pilots holding a private or commercial pilot’s license. Although it recognize s that a pilot’s license is unnecessary for safe UA operation, the FAA has to date declined to allow grant exemptions under Section 333 that would permit individuals who possess neither a private nor a commercial pilot’s certificate to conduct commercial UA operations. It has specified two reasons for declining to do so. First, it has stated that it does not possess the authority

under Section 333 to exempt individuals from the requirement under 49 U.S.C. §44711 to hold an airman certificate authorizing the airman to s erve in the capacity for which the certificate was issued. Exemption No. 11110 at 14. Second, the FAA has concluded that the Department of Homeland Security (DHS) security s creening required of all certified airmen meets the statutory

requirement in Section 333 that operations not pose a threat to national security. Exemption No. 11110 at 15. High Flight Media respectfully requests that the FAA reconsider its position. There is no dispute that it is unnecessary f or an operator of a UA to go through the rigorous process of becoming a certified pilot in order to safely operate a UA. In addition, the FAA does have the authority to exempt UA operators from the requirement in 49 U.S.C. §44711to hold an airman certificate for “serv[ing] in the capacity f or which the certificate was issued.” Indeed, it has exercised that authority repeatedly in the Section 333 process. Finally, the FAA’s security concerns can be addressed by a variety of methods involving operator background checks to be conducted by government agencies. **1. The FAA and foreign regulators recognize that obtaining a manned aircraft**  **pilot license is unnecessary for safe operation of a UA**  The FAA, like the other national airspace regulators that have considered the issue, has concluded that UA operations conducted by p ersons who do not hold a pilot’s license can still achieve the equivalent level of safety of current operations by manned aircraft with pilots holding a private or commercial pilot’s license. In its recent UAS NPRM, the FAA stated: “While these airman certification requirements are necessary for manned aircraft operations, they

impose an unnecessary

burden for many

small UAS operations. This is because a person ty pically obtains a private or commercial pilot certificate by learning how to operate a manned aircraft. Much of that knowledge would not be applicable to small UAS operations because a small UAS is operated differently than manned aircraft. In addition, the knowledge currently necessary to obtain a private or commercial pilot certificate would not equip the certificate holder with the tools necessary

to safely operate a small UAS... Thus, requiring persons wishing to operate a small UAS to obtain a private or commercial pilot certificate imposes the cost of certification on those persons, but does not result in a significant safety benefit because the process of obtaining the certificate does not equip those persons with the tools necessary to mitigate the public risk posed- 19

-

by small UAS operations .” Operation and Certification of Small Unmanned Aircraft, 80 Fed. Reg. 9543 at 9550 (proposed Feb. 23, 2015 (to be codified at 14 C.F.R. Parts 21, 43, 45, et al.). The FAA’s conclusion that manned aircraft flying experience is unnecessary f or the operation of a UA is supported by research by

the FAA and the Army

Research Laboratory. They demonstrate that UAs, even those much larger than the UAs proposed by High Flight Media, can be safely flown by non- certificated pilots with a small amount of training. For example, one Army Research Laboratory

study concluded: "[T]he specific motor skills needed to control the radio

- controlled UAV would have to be learned by

aviators independently

o f the motor skills learned in flying an aircraft. In particular, the somatic and visual cues that pilots use during aircraft landings would not be useful (and perhaps even counter
-productive) for the different skill sets and perceptual viewpoint necessary f or radio

- controlled landings.” 1 Additional research reports lend further support for the exclusion requested. For example, a report sponsored by the FAA concluded that "We know that certain systems, like the U.S. Army

Hunter and Shadow systems, are successfully flown by pilots with no manned aircraft experience." 2 In addition, foreign government airspace regulators that have examined the issue have consistently

recognized that the skills required to fly a manned aircraft are irrelevant to operating a UA. For that reason, they have concluded that UA operators do not need to have a private or commercial pilot’s license. Canada, for example, does not require a pilot’s license to operate a UA. Transport Canada requires training of UA operators, but that training is limited to pilot ground school and flight operation training on UAs, not manned aircraft. 3 Moreover, Canada allows this training to be “provided by other pilots, manufacturers, [UA] flight training organizations or . . . self taught.” 4

1 Michael J. Barnes, Beverly G

. Knapp, Barry

W

. Tillman, Brett A. Walters & Darlene Veliki, Crew systems analysis of unmanned aerial vehicle (UAV) future job and tasking environments , Technical Report ARL

- TR

-2081, Aberdeen Proving Ground, MD: Army Research Laboratory, page 12 (2000), available at http://www.dtic.mil/dtic/tr/fulltext/u2/a374230.pdf

. 2 Kevin W. Williams, Unmanned Aircraft Pilot Medical Certification Requirements, Report DOT/FAA/AM

- 07/3, FAA Civil Aerospace Medical Institute, page 2, (2007), available at http://fas.org/irp/program/collect/ua

-pilot.pdf

. While the authors speculated that UAS use in populated areas may

change this assessment, indicating further research was needed to address this concern, this concern is inapplicable as High Flight Media’s flights will not be in congested areas. See also Jason S. McCarley & Christopher D. Wickens, Human Factors Implications of UAVs in the National Airspace, Institute of Aviation, Aviation Human Factors Division, University of Illinois at Urbana

- Champaign, 13 (2004), available at http://www.tc.faa.gov/logistics/grants/pdf/2004/04

- G

- 032.pdf

. 3 See Civil Aviation, Standards, Transport Canada, Advisory C ircular: Guidance Material for Operating Unmanned Air Vehicle Systems under an Exemption at 14 and 18

-22, (Nov. 27, 2014) available at http://www.tc.gc.ca/media/documents/ca

- opssvs/ac

- 600

- 004.pdf

. 4 Id. at 14.20

Similarly, the United Kingdom’s Civil Aviation Authority (CAA) recognized that determining “Remote Pilot qualification requirements on the same basis as manned aircraft may yi eld requirements that are too inflexible, too onerous and inappropriate for UAS operations.” 5 As a result, the CAA only

requires UA operators to demonstrate UA operator competence. 6 While there are a variety of ways to demonstrate competence, the most common is to complete a course that will lead to a ground exam and flight test. Australia, too, requires only p assage of a UA

specific ground school program in lieu of a private pilot license. 7 Finally, more than a dozen countries, including Germany, Italy, France, Spain and the Netherlands, have adopted the National UAS Certificate for Small Unmanned Aircraft (BNUC

- S) Standard for UA pilot certification. 8 This standard results in a ty pe - specific UA certificate and does not require the operator to have a pilot’s license. The process involves taking a short ground school course, passing a ground school test and then passing a practical test on commercial operation of the specific UAS per the UAS manufacturer’s operations manual. All of this experience and evidence indicates that the proposed exemption will provide a greater level of safety than operations under 14 C.F.R. §61.113. In this instance, the PIC will have gone through training as described above in Section III B. This training and education is focused on UAs generally, and in particular on the aircraft to be operated, rather than taking additional time and risk to train on a manned aircraft, weighing several thousand pounds and carrying highly flammable fuel. The FAA has concluded in the NPRM that such UA

- specific training is more than sufficient to provide an equivalent level of safety for UA operations. Sometime in the next 18

- 24 months, that position will be enshrined in a valid regulation. However, in the meantime, the FAA claims it lacks the authority to relax the requirement to possess a pilot certificate. As we show in the next section, that position is both incorrect and contradicted by the FAA’s recent decisions. **2. The FAA has and has already exercised the authority to exempt applicants from**  **the airman certificate requirement**  The FAA claims that it lacks authority to exempt UA operators from the requirement of 49 U.S. §44711 to hold an airman certificate authorizing the airman “to serve in the capacity for which the certificate was issued.” See, e.g., Exemption No. 11110 at 14. This claim is inconsistent with both (i) the statutory language of that section and Section 333 , and (ii) numerous recent FAA decisions. The operative part of 49 USC §44711 provides that a “person may not
. . . serve in any capacity as an airman with respect to a civil aircraft,

. . . used, or intended for use, in air commerce
— (A) without an airman certificate authorizing the airman to serve in the capacity
5 Civil Aviation Authority, Safety Regulation Group, Unmanned Aircraft System Operations in UK Airspace

– Guidance, Section 2, Chapter 5, Page 2 (Aug. 10, 2012), available at https://www.caa.co.uk/docs/33/CAP722.pdf

. 6 Civil Aviation Authority, Unmanned Aircraft and Aircraft Systems, available at http://www.caa.co.uk/default.aspx?catid=1995&pagetype=90 7 Australian Government Civil Aviation Safety Authority, available at http://www.casa.gov.au/scripts/nc.dll?WCMS:STANDARD::pc=PC_100374

. 8 See EuroUSC International, “Pilot Qualification,” available at http://eurousc.com/services/pilot

- qualifications/

.21

for which the certificate was issued

. . . “ If the FAA’s interpretation were correct, this language would require that any

person wishing to operate a UA for commercial operations have an airman certificate authorizing the person to serve as an airman in commercial operations. However, in all of its recent grants of Section 333 petitions, the FAA has

– without explicitly acknowledging the fact

- exempted commercial UA operators from the § 44711(A) requirement that they

hold an airman certificate authorizing them “to serve in the capacity for which the certificate was issued.” It has done so by allowing them to operate UA so long as they hold a private pilot’s or sport pilot’s authorization, even though such a certificate does not permit commercial operations. Exemption No. 11 062 at 15

- 18; Exemption No. 11110 at 14

- 16; Exemption No. 11191 at 3

- 5; and Exemption No. 11229 at 3 and 8. The FAA argues that it cannot exempt applicants from the requirements of §44711 because, while the specific language of Section 333 grants it limited statutory flexibility

relative to 49 U.S.C. §44704 for the purposes of airworthiness certification, Section 333 does not provide flexibility relative to §44711 and other sections of Title 49. Exemption No. 11110 at 14. This argument ignores the plain language of Section 333. The relevant language of Section 333 is: (a) INGENERAL.

—

Notwithstanding any other requirement of this subtitle, and not later than 180 days after the date of enactment of this Act, the Secretary o f Transportation shall determine if certain unmanned aircraft systems may operate safely in the national airspace system before completion of the plan and rulemaking required by

s ection 332 of this Act or the guidance required by s ection 334 of this Act. (b) ASSESSMENT OF UNMANNED AIRCRAFT SYSTEMS.

—Inmaking the determination under subsection (a), the Secretary shall determine, at a minimum

— (1) which ty

pes of unmanned aircraft systems, if any, as a result of their size, weight, speed, operational capability, proximity to airports and populated areas, and operation within visual line of sight do not create a hazard to users of the national airspace system or the public or pose a threat to national security; and (2) whether a certificate of waiver, certificate of authorization, or airworthiness certification under section 44704 of title 49, United States Code, is required for the operation of unmanned aircraft systems identified under paragraph (1). (c) REQUIREMENTS FOR SAFE OPERATION.

—If the Secretary determines under this section that certain unmanned aircraft systems may operate safely

in the national airspace system, the Secretary shall establish requirements for the safe operation of such aircraft systems in the national airspace system. The language of Section 333(b) is permiss ive: it requires that the Secretary “determine, at a minimum

. . . whether a certificate of waiver, certificate of authorization, or airworthiness certification under section 44704 of title 49, United States Code, is required for the operation of unmanned aircraft systems identified under paragraph (1).” Nothing in (b) precludes the Secretary from determining whether or not a pilot’s license is required for operation of a UA identified under paragraph (b)(1). Indeed, the FAA has implicitly conceded the point by granting exemptions from the requirement that commercial UA operators hold a commercial pilot certificate. From an analy tical22

standpoint, there is no difference between granting an exemption from the commercial pilot’s license requirement and granting an exemption from the private or sport pilot’s license requirement. Both are clearly exemptions from a specific statutory requirement in 49 U.S.C. §44711. If the FAA has the statutory authority under Section 333(b) to do the former, it has the same authority to do the latter. 9 For all of the reasons set forth above, the FAA should reconsider its position and exercise its full authority

to grant an exemption from all the requirements of 49 USC §44711, so that a person serving as a commercial UAS operator need not have a pilot’s license.

9 The FAA has not specifically identified the statutory

provision that underpins its authority to grant the exemptions from the commercial pilot’s license requirement. Whether the statutory basis is Section 333 or some other provision makes no difference. If there is a basis for a partial exemption from in 49 U.S.C. § 44711, that basis also justifies an exemption from the entire provision.