July 1, 2015

Exemption No. 11969

Regulatory Docket No. FAA–2015–1203

Mr. Whitney M. Johnson

Managing Member

HighGround Images, LLC

310 East Port Au Prince Lane

Phoenix, AZ 85022

Dear Mr. Johnson:

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

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

including the date it ends.

By letter dated April 22, 2015, you petitioned the Federal Aviation Administration (FAA) on 

behalf of HighGround Images, LLC (hereinafter petitioner or operator) for an exemption. The 

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

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

television, real estate, short range inspection, mapping and survey, agriculture, and search and 

rescue.

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

the regulations that the petitioner seeks an exemption.

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

in the Federal Register because the requested exemption would not set a precedent, and any 

delay in acting on this petition would be detrimental to the petitioner.

Airworthiness Certification

The UASs proposed by the petitioner are the DJI S900, DJI Inspire 1, and Phantom 2 Vision.
2

In accordance with the statutory criteria provided in Section 333 of Public Law 112−95 in 

reference to 49 U.S.C. § 44704, and in consideration of the size, weight, speed, and limited 

operating area associated with the aircraft and its operation, the Secretary of Transportation 

has determined that this aircraft meets the conditions of Section 333. Therefore, the FAA 

finds that relief from 14 CFR part 21, Certification procedures for products and parts, 

Subpart H—Airworthiness Certificates, and any associated noise certification and testing 

requirements of part 36, is not necessary.

The Basis for Our Decision

You have requested to use a UAS for aerial data collection1and closed set motion picture and 

filming. The FAA has issued grants of exemption in circumstances similar in all material 

respects to those presented in your petition. In Grants of Exemption Nos. 11062 to Astraeus 

Aerial (see Docket No. FAA−2014−0352), 11109 to Clayco, Inc. (see Docket No. 

FAA−2014−0507), 11112 to VDOS Global, LLC (see Docket No. FAA−2014−0382), and 

11213 to Aeryon Labs, Inc. (see Docket No. FAA−2014−0642), the FAA found that the 

enhanced safety achieved using an unmanned aircraft (UA) with the specifications described 

by the petitioner and carrying no passengers or crew, rather than a manned aircraft of 

significantly greater proportions, carrying crew in addition to flammable fuel, gives the FAA 

good cause to find that the UAS operation enabled by this exemption is in the public interest.

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

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

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

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

11213 also apply to the situation you present; and 

 A grant of exemption is in the public interest.

Our Decision

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

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

delegated to me by the Administrator, HighGround Images, LLC is granted an exemption 

from 14 CFR §§ 61.23(a) and (c), 61.101(e)(4) and (5), 61.113(a), 61.315(a), 91.7(a), 

91.119(c), 91.121, 91.151(a)(1), 91.405(a), 91.407(a)(1), 91.409(a)(1) and (2), and 91.417(a) 

and (b), to the extent necessary to allow the petitioner to operate a UAS to perform aerial data 

collection and closed set motion picture and filming. This exemption is subject to the 

conditions and limitations listed below.

 

1 Aerial data collection includes any remote sensing and measuring by an instrument(s) aboard the UA. 

Examples include imagery (photography, video, infrared, etc.), electronic measurement (precision surveying, RF 

analysis, etc.), chemical measurement (particulate measurement, etc.), or any other gathering of data by 

instruments aboard the UA.
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Conditions and Limitations

In this grant of exemption, HighGround Images, LLC is hereafter referred to as the operator.

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

grounds for the immediate suspension or rescission of this exemption.

1. Operations authorized by this grant of exemption are limited to the DJI S900, DJI 

Inspire 1, and Phantom 2 Vision when weighing less than 55 pounds including 

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

petition to amend this exemption.

2. Operations for the purpose of closed-set motion picture and television filming are 

permitted. 

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

exemption holder may use either groundspeed or calibrated airspeed to determine 

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

airspeeds greater than the maximum UA operating airspeed recommended by the 

aircraft manufacturer.

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

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

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

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

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

U.S. driver’s license.

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

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

to satisfy the VLOS requirement as long as the PIC always maintains VLOS 

capability. The VO and PIC must be able to communicate verbally at all times; 

electronic messaging or texting is not permitted during flight operations. The PIC 

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

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

required of the VO.

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

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

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

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

Administrator upon request. If a discrepancy exists between the conditions and 
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limitations in this exemption and the procedures outlined in the operating documents, 

the conditions and limitations herein take precedence and must be followed. 

Otherwise, the operator must follow the procedures as outlined in its operating 

documents. The operator may update or revise its operating documents. It is the 

operator’s responsibility to track such revisions and present updated and revised 

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

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

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

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

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

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

updates or revisions to the operating documents.

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

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

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

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

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

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

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

in a condition for safe operation.

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

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

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

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

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

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

11. The operator must follow the UAS manufacturer’s maintenance, overhaul, 

replacement, inspection, and life limit requirements for the aircraft and 

aircraft components.

12. Each UAS operated under this exemption must comply with all manufacturer 

safety bulletins.

13. Under this grant of exemption, a PIC must hold either an airline transport, 

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

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

state, the District of Columbia, Puerto Rico, a territory, a possession, or the Federal 

government. The PIC must also meet the flight review requirements specified in 

14 CFR § 61.56 in an aircraft in which the PIC is rated on his or her pilot certificate.
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14. The operator may not permit any PIC to operate unless the PIC demonstrates the 

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

operated under this exemption, including evasive and emergency maneuvers and 

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

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

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

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

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

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

training operations may only be conducted during dedicated training sessions. During 

training, proficiency, and experience-building flights, all persons not essential for 

flight operations are considered nonparticipants, and the PIC must operate the UA 

with appropriate distance from nonparticipants in accordance with 14 CFR § 91.119.

15. UAS operations may not be conducted during night, as defined in 14 CFR § 1.1. All 

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

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

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

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

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

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

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

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

to the Administrator or any law enforcement official upon request.

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

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

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

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

19. The PIC must abort the flight in the event of unpredicted obstacles or emergencies.

20. The PIC is prohibited from beginning a flight unless (considering wind and forecast 

weather conditions) there is enough available power for the UA to conduct the 

intended operation and to operate after that for at least five minutes or with the reserve 

power recommended by the manufacturer if greater.

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

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

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

operations that cannot be conducted under the terms of the attached COA.
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22. All aircraft operated in accordance with this exemption must be identified by serial 

number, registered in accordance with 14 CFR part 47, and have identification 

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

be as large as practicable.

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

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

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

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

official upon request.

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

activities at all times. 

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

26. All Flight operations must be conducted at least 500 feet from all nonparticipating 

persons, vessels, vehicles, and structures unless:

a. Barriers or structures are present that sufficiently protect nonparticipating persons 

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

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

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

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

of nonparticipating persons; and

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

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

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

present an undue hazard.

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

nonparticipating persons under this exemption.

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

permission from the property owner/controller or authorized representative. 

Permission from property owner/controller or authorized representative will be 

obtained for each flight to be conducted.

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

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

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

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

contained on the NTSB Web site: www.ntsb.gov.
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If this exemption permits operations for the purpose of closed-set motion picture and 

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

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

as documented in this grant of exemption.

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

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

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

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

must include at least the following:

a. Dates and times for all flights;

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

under this grant of exemption;

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

the UAS;

d. Make, model, and serial or N−Number of UAS to be used;

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

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

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

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

g. Signature of exemption holder or representative; and

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

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

essential to accomplish the operation.

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

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

exemption holder’s MPTOM.

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

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

parts 45, 47, 61, and 91.
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This exemption terminates on July 31, 2017, unless sooner superseded or rescinded.

Sincerely,

/s/

John S. Duncan

Director, Flight Standards Service

Enclosures
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Project Officer: _______________

MS WHITNEY M JOHNSON

MANAGING MEMBER

HIGHGROUND IMAGES LLC

310 E PORT AU PRINCE LN

PHOENIX AZ 85022
April 22, 2015

U. S. Department of Transportation

Docket Management System

1200 New Jersey Ave., SE

Washington DC 20590

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

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

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

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

Dear Sir or Madam:

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

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

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

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

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

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

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

its sUASs.

HighGround Images, LLC's requested exemption would permit the 

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

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

safety in connection with aircraft operations. As established by the 

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

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

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

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

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

The name and address of the applicant is:

HighGround Images, LLC

Whitney M. Johnson

Phone: 480 335 9242

Email: whit@highgroundimages.com

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

Regulations from which the exemption is requested:

14 CFR 61.113(a) and (b)

14 C.F.R. 91.103

14 C.F. R. 91.119

14 C.F.R. 91.121

14 CFR 91.151(a)

14 CFR 91.405(a)

14 CFR 407(a)(1)

14 CFR 409(a)(2)

14 CFR 417(a) and (b)

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

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

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

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

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

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

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

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

restricted secure environment within which they will operate, HighGround 

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

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

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

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

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

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

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

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

HighGround Images, LLC respectfully requests that the FAA grant the 

requested exemption.

Aircraft And Equivalent Level Of Safety

The operating limitations proposed by HighGround Images, LLC provide for 

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

enhance safety of aerial image collection using conventional aircraft.

The limitations and conditions include:

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

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

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

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

reserve should that occur prior to the 30 minute limit. 

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

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

planned. 

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

Visual Observer, and the Camera Operator. 

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

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

license. 

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

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

in the FOPM. 

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

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

the safety perimeter are required to attend. 

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

and ensure that only consenting persons will be allowed within 500 

feet of the flight operation.

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

received current information on the particular sUAS to be operated as 

required by the FOPM. 

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

text at all times. 

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

be obtained prior to flight operations. 

 • All appropriate permissions and permits will be obtained from 

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

enforcement, fire, or other appropriate governmental agencies. 

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

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

secure perimeter and land. 

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

unpredicted obstacles or emergencies.

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

 Pilot in Command 

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

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

proposed operations can achieve the equivalent level of safety of 

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

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

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

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

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

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

individual holding a commercial pilot’s certificate operating a 

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

so diminished from the level of risk associated with commercial 

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

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

§61.113 (a) and (b). 

14 C.F.R. § 91.103:

Preflight Action 

Section 91.103 requires each pilot to preflight an aircraft before flight 

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

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

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

reviewing weather, flight battery requirements, landing and takeoff 

distances, and aircraft performance data before commencement of 

flight.

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

Section 91.119 establishes safe altitudes for operation of civil aircraft. 

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

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

altitudes: .....

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

surface, except over open water or sparsely populated areas. In those 

cases, the aircraft may not be operated closer than 500 feet to any person, 

vessel, vehicle, or structure.”

Because HighGround Images, LLC requests authority to operate at 

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

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

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

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

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

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

consent.

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

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

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

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

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

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

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

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

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

separation between a sUAS and conventional aircraft.

14 C.F.R. §91.121: Altimeter Settings

Section 91.121 requires each person operating an aircraft to maintain 

cruising altitude by reference to an altimeter that is set “...to the elevation of 

the departure airport or an appropriate altimeter setting available before 

departure.” As a sUAS may not have a barometric altimeter, but instead a 

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

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

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

indicator before flight.

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

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

airplane under VFR conditions unless (considering wind and forecast 

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

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

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

The typical battery powering the HighGround Images, LLC sUASs provides 

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

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

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

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

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

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

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

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

was intended to address.

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

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

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

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

Inspections

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

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

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

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

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

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

airworthiness certificate, these sections will not apply to HighGround 

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

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

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

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

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

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

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

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

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

condition.

Summary for Publication

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

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

is needed:

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

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

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

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

image acquisition operations.

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

allowing commercial operations of sUASs in agriculture, real estate, 

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

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

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

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

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

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

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

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

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

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

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

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

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

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

conventional operations conducted with turbine helicopters flying near the 

ground and people.

Privacy

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

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

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

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

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

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

populated areas and operation within visual line of sight and national 

security) provide more than adequate justification to grant HighGround 

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

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

included FOPM.

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

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

whit@highgroundimages.com.

Sincerely,

Whitney M. Johnson

Managing Member

HighGround Images, LLC

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