Mark Iverson

High Point Pix 6402 NE 153 rd St. Kenmore, WA

98028 (206) 409

-4500 December 15, 2015 U. S. Department of Transportation Docket Management System 1200 New Jersey Ave., SE Wa shington, DC 20590 **Re: Exemption Request Section 333 of the FA A**  **Refo rm A** **ct**

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, High Point Pix (HPP), a technology consulting and services company and operator of Small Unmanned Aircraft Systems ( “sUASs”), hereby applies for an exemption from the Federal Aviation Regulations (FARs) listed below to allow operation of our Small Unmanned Aircraft System (sUAS) commercially in airspace regulated by the Federal Aviation Administration (FAA) so long as s uch operations are conducted with and under the conditions outlined herein or as may be established by the FAA as required by Section 333. The requested exemption would permit High Point Pix to pursue its commercial interests in providing services to clien ts using a small advanced sUAS in the following areas:
• Precision agriculture aerial surveying • Real estate & Special Event videography/photography • Pipeline inspection and patrolling • Utility

- power generation system inspections and patrolling • Commu nications infrastructure inspection/monitoring • W ildlife and forestry monitoring • Construction site inspection and monitoring • Public entity support operations
As described more fully below, the requested exemption would permit the operation of small, unmanned and relatively inexpensive sUAS under controlled conditions in airspace that is 1) limited 2) predetermined 3) controlled as to access and 4) would provide safety enhancements to the already best practices safety protocols followed by HPP at each of its client projectlocations. 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.” Section 333(c) of the Reform Act.
The name and address of the applicant is:
High Point Pix Attn: Mark Iverson 6402 NE 153 rd Street Kenmore, WA

98028 Phone: (206) 409

-4500
Regulations from which the exemption is requ ested:

14 C.F.R. Part 21 Certification procedures for products and parts 14 C.F.R. 45.23(b) Identification and registration marking 14 C.F.R. 61.113 (a) & (b) Private pilot privileges and limitations: pilot in command. 14 C.F.R. 91.7 (a) Civil ai rcraft airworthiness 14 C.F.R. 91.9 (b) (2) Civil aircraft flight manual, marking, and placard requirements 14 C.F.R. 91.103 Preflight action 14 C.F.R. 91.109 Flight instruction; simulated instrument flight and certain flight tests 14 C.F. R. 91.1 19 Minimum safe altitudes; general 14 C.F.R. 91.121 Altimeter settings 14 C.F.R. 91.151 (a) Fuel requirements and flight in VFR conditions 14 C.F.R. 91.203 (a) & (b) Civil aircraft; certifications required 14 C.F.R. 91.405 (a) Ma intenance requ ired 14 C.F.R. 407 (a) (1) Operation after maintenance, preventative maintenance, rebuilding or alteration 14 C.F.R. 409 (a) (2) Inspections 14 C.F.R. 417 (a) & (b) Ma intenance records**I. STA**  **TUTORY AU**  **THORITY FOR EXEMPTIONS**
The Federal Aviation Act expressly grants the FAA authority to issue exemptions. This statutory authority includes exempting civil aircraft, as the term is defined under §40101 of the Act, including sUASs, from the requirement that all civil aircraft must have a current airworthin ess certificate. The Administrator may grant an exemption from a requirement of a regulation prescribed under subsection (a) or (b) of this section or any sections 44702

-44716 of this title if the Administrator finds the exemption in the public interest. 49 U.S.C. §44701(f) See also 49 USC §44711(a); 49 USC §44704; 14 CFR §91.203(a) (1). Section 333(b) of the Reform Act assists the Secretary in determining whether sUAS may operate in the National Airspace System (NAS) without creating a hazard to the user , the public, or a threat to national security. In making this determination, the Secretary must consider:

• The sUAS’s size, weight, speed, and operational capability;

• Wh ether the sUAS operates within the visual line of sight of the operator

• Wh ether the sUAS operates outside of h ig hly populated areas and away fro m close proximity to airports Reform Act §333(a). If the Secretary determines that a sUAS “may operate safely in the national airspace system, the Secretary shall establish requirements fo r the s afe operation of such aircraft in the national airspace system.” Id. §333(c). High Point Pix’ sUASs all weigh 55 or fewer lbs. including payload. They operate, under normal conditions at a speed of no more than 50 knots. The quad copters have the capabil ity to hover, and move in the vertical and horizontal plane simultaneously. All will operate only in line of sight and will operate only within a sterile area. Such operations will insure that the sUAS will “not create a hazard to users of the national airspace system or the public.”
Weare petitioning for exemption to enable High Point Pix to operate a DJI Phantom 2 Vision Plus multi

- rotor equipped with a three

- axis gimbaled camera, a DJI Inspire 1 multi

- rotor equipped with a three

- axis gimbaled camera, a DJI Phantom 3 multi

- rotor equipped with a three

- axis gimbaled camera, and a SenseFly eBee fixed wing sUAS equipped with a fixed position multi

-spectral camera. These sUAS all weigh less than 25 lbs., have a built

- in capability to limit the height it flie s above the ground, to limit the radius of the distance it flies from the operator and to exclude it from Class B, C and D airspace including a no fly zone feature. Each system also has the failsafe function of the autopilot system, which means when the co mmunication between the Main Controller and the transmitter is lost, the system will automatically trigger Return to Home and will land safely.
Given the small size of the sUAS involved and the restricted and sterile environment within wh ich they will ope rate, our application falls squarely within the zone of safety (an equivalent level of safety) in which Congress envisioned that the FAA must, by exemption, allowcommercial operations of sUAS to commence immediately. Also due to the small size of the

sUAS and the low altitudes and restricted areas in which the sUAS will operate, approval of the application presents no national security issue. Given the clear direction in Section 333 of the Reform Act, the authority contained in the Federal Aviation Act, a s amended; the strong equivalent level of safety surrounding the proposed operations, and the significant public benefit, including enhanced safety, the grant of the requested exemptions is in the public interest. Accordingly, High Point Pix respectfully requests that the FAA grant the requested exemption without delay. Applicant interprets this provision to place the duty on the Administrator to not only process applications for exemptions under section 333, but for the Administrator to craft conditions for the safe operation of the UAS, if it should be determined that the conditions set forth herein do not fulfill the statutory requirements for approval. The Federal Aviation Act expressly grants the FAA the authority to issue exemptions. This statutory au thority by its terms includes exempting civil aircraft, as the term is defined under §40101 of the Act that includes sUASs, from the requirement that all civil aircraft must have a current airworthiness certificate.

**II. PUBLIC INTEREST**  This exemption appli cation is expressly submitted to fulfill Congress’ goal in passing Section 333(a) through (c) of the Reform Act. This law directs the Secretary of Transportation to consider whether certain unmanned aircraft systems may operate safely in the national airsp ace system (NAS) before completion of the rulemaking required under Section 332 of the Reform Act. By granting an exemption the FAA will fulfill Congress’s intent of allowing UAS to operate with significant safety precautions in low risk environments.
The use of sUAS on a work site can significantly reduce the risk to workers of falls while inspecting, surveying, or monitoring site progress. sUAS can inspect, photograph, and collect data on hard to get to areas that otherwise would require worker inspectio n. Falls are a leading source of workplace fatality and injury on construction sites, and reducing falls through sUAS use for site imaging could save workers lives. Additionally, sUAS could replace the use of helicopters and small aircraft to monitor site s. The sUAS we propose to fly in this application are under ten pounds, and carry no combustible material on board, as opposed to the much larger conventionally powered small aircraft. Shifting to sUAS from helicopters presents a marked safety increase for our workers and the public. Lastly, sUAS reduce the environmental impact by dramatically decreasing the energy used for aerial imaging and data collection over a construction site. Our sUAS use rechargeable lithium ion batteries, as opposed to fossil fue ls burned in operation of small aircraft that are many hundreds of times heavier.Reform Act § 333 (a). Lastly, if the Secretary determines that such vehicles “may operate

safely in the national airspace system, the Secretary shall establish requirements fo r the safe operation of such aircraft in the national airspace system.” Id. §333(c) (emphasis added) Accordingly, the applicant respectfully requests that the FAA grant the requested exemption without delay.

**III. AI**  **RCRA FT**  **AN D EQUIVA** **LENT LEVEL OF SA FETY** 

H igh Point Pix proposes that the exemption requested herein apply sUAS that have the characteristics and that operate with the limitations listed herein. These limitations provide for at least an equivalent or even higher level of safety to operations under the current regulatory structure because the proposed operations represent a safety enhancement to the already safe operations conducted with conventional aircraft. These limitations and conditions to which High Point Pix agrees to be bound when conductin g commercial operations under an FAA issued exemption include:
1. The sUAS will be less than 55 pounds. 2. Flights will be operated within visual line of sight of a pilot. 3. Ma ximum total flight time for each operational flight will be 30 minutes. The UAS calcu lates battery reserve in real time, and will return to its ground station with at least 20% battery power reserve should that occur prior to the 30 minute limit. 4. Flights will normally be operated at an altitude of 2 00 feet AGL, never exceeding 400 feet AGL. 5. Crew for each operation will consist of t he sUAS Pilot who will keep the sUAS within his visual line of sight at all times. 6. The sUAS Pilot will be trained in flight, operations, and safety procedures as detailed in the Flight Manual. 7. The sUAS will only operate within a confined “Sterile Area” as defined in the Manual. The Manual also requires the establishment of a “Security Perimeter” for the flight operations area. 8. A briefing will be conducted in regard to the planned sUAS operations prior to ea ch day’s production activities. It will be mandatory that all personnel who will be performing duties within the boundaries of the safety perimeter be present for this briefing. 9. All onsite personnel will consent to the UAS flyover on site by waiver, and t he operator will obtain additional verbal or written consent of all persons who will be allowed within 100 feet of the flight operation. 10. Pilot will have been trained in operation of UASs generally and received up -to

- date information on the particular UAS to be operated. 11. Written and/or oral permission from the relevant property holders will be obtained.12. All required permissions and permits will be obtained from territorial, state, county or city

jurisdictions, including local law enforcement, fire, or oth er appropriate governmental agencies. 13. If the sUAS loses communications or loses its GPS signal, it will have capability to enter “loiter mode” and hover, reestablish satellite connection, and return to a predetermined location within the Security Perimete r and land. The FAA is familiar with and has already determined that the following aircraft chosen by High Point Pix meet the requirements of Section 333 of the reform act due to their weight, speed and operational capabilities. These FAA determinations are set forth in the following grants of exemption:

 **DJI Phantom 2 Vision+** : Exemption No. 11224 to NextEra Energy, Inc.;

Exemption No. 11230 to Montico, Inc.; Exemption No. 11228 to Steven Zeets; and Exemption No. 11218 to Saratoga Aerial Vehicle

 **DJI Phant om 3**  : Exemption No. 11783 to Precision Design and Drafting Inc.; Exemption No. 11788 to Birds Eye Aerial Photography, Inc.; Exemption No. 11696 to Midwest UAV Imaging.; and Exemption No. 11306 to Hawk Aerial, LLC.

 **DJI Inspire 1** : Exemption No. 11254 to Upward Aerial; Exemption No. 11659 to Fovea Aero Systems; and Exemption No. 11668 to Sky

- Forge Robotics LLC

 **SenseFly**

**eBee** : Exemption No. 11263 to SenseFly Ltd.; Exemption No. 11646 and to BioSensing Systems LLC

**IV. DESCRIPTION OF SPECIFIC REGULA TIONS** 

**14 C.F.R. § 45.23 (b). Identification and registration markings**  Even though the UAS will have no airworthiness certificate, an exemption may be needed as the UAS will have no entrance to the cabin, cockpit or pilot station on which the word “Experimental” ca n be placed. Given the size of the sUAV, 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 sUAV marked on its fuselage as required by §45.29 (f) where the pilot, observer and others working with the sUAV will see the identification of the UAS as “Experimental.” The FAA has issued the following exemptions to this regulation to Exemptions Nos. 10700, 8738, 10167 and 10167A

.**14 CFR § 61.113 (a) & (b): Private pilot privileges and limitations: Pilot in command**

Sections 61.113 (a) & (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 Pilot operating the aircraft to have completed a sUAS flight training course of 20 hours before flying a sUAS. Unlike a conventional aircraft that carries the pilot and passengers, th e sUAS is remotely controlled with no living thing or cargo on board. High Point Pix’s sUAS are also operated by an autopilot, which greatly reduces the danger of human error.

**14 C.F.R. §91.7(a): Civil aircraft airworthiness.** The regulation requires tha t no person may operate a civil aircraft unless it is in airworthy condition. As there will be no airworthiness certificate issued for the aircraft, should this exemption be granted, no FAA regulatory standard will exist for determining airworthiness. Give n the size of the aircraft and the use of safety check lists prior to each flight, as set forth in the manufacturers manual, an equivalent level of safety will be provided.

**14 C.F.R. § 91.9 (b) (2): Civil A ircraft Flight Manual in the A** **ircraft.**

Sectio n 91.9 (b) (2) provides: No person may operate a U.S.

- registered civil aircraft

- (2) For wh ich 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 rotorc raft Flight Manual, approved manual material, markings, and placards, or any combination thereof. The sUAS, given its size and configuration has no ability or place to carry such a flight manual on the aircraft, not only because there is no pilot on board, but because there is no room or capacity to carry such an item on the aircraft. The equivalent level of safety will be maintained by keeping the flight manual at the ground control point where the pilot flying the sUAS will have immediate access to it. T he FAA has issued the following exemptions to this regulation: Exemption Nos. 8607, 8737, 8738, 9299, 9299A, 9565, 9565B, 10167, 10167A, 10602, 32827, and 10700.

**14 C.F.R. § 91.103: Preflight action** This regulation requires each pilot in command to take certain actions before flight to insure the safety of flight. As FAA approved flight manuals will not be provided for the aircraft an exemption will be needed. The PIC 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 instru ction unless that aircraft has fully functioning dual controls.

**s** UASs and remotely piloted aircraft, by their design do not have fully functional dual controls. Flight control is accomplished through the use of a control box that communicates with the aircraft via radio communications. The FAA has approved exemptions for flight training without fully functional dual controls for a number of aircraft and for flight instruction in experimental aircraft. See Exemption Nos.5778K & 9862A. The equivalent level of safety provided by the fact that neither a pilot nor passengers will be carried in the aircraft and by the size and speed of the aircraft.

**14 C.F.R. §91.119: Minimum safe altitudes** Section 91.119 establishes safe altitudes for operation of civil aircraf t. Section 91.119 (d) allows helicopters to be operated at less than the minimums prescribed, provided the person operating the helicopter complies with any route or altitudes prescribed for helicopters by the FAA. As this exemption is for a sUAS that be have like 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 wh ich filming is planned, an exemption may be needed to allow such operations. As set forth herein, the UAS will never operate at higher than 400 AGL. 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 t hose presently presented with conventional aircraft operating at or below 500 AGL other industries. In addition, the low

- altitude operations of the sUAS will ensure separation between these small

- UAS operations and the operations of conventional aircraft t hat must comply with Section 91.119.

**14 C.F.R. §91.121: A ltimeter Settings**  This regulation requires each person operating an aircraft to maintain cruising altitude by reference to an altimeter that is set “...to the elevation of the departure airport or a n appropriate altimeter setting available before departure.” As the sUAS may not have a barometric altimeter, but instead a GPS altitude read out, an exemption may be needed. An equivalent level of safety will be achieved by the operator, pursuant to the M anual 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**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 lea st 30 minutes; or (2) At night, to fly after that for at least 45 minutes.” The battery powering the sUAS provides approximately 40 minutes of powered flight. To meet the 30

- minute reserve requirement in 14 CFR §91.151, sUAS flights would be limited to app roximately 10 minutes in length. Given the limitations on the UAS’s proposed flight area and the location of its proposed operations within a predetermined area, a longer time frame for flight in daylight or night VFR conditions is reasonable. Applicant be lieves that an exemption from 14 CFR §91.151(a) falls within the scope of prior exemptions. See Exemption 10673 (allowing Lockheed Martin Corporation to operate without compliance with FAR 91.151 (a)). Operating the small UAS, in a tightly controlled area where only people and property owners or official representatives who have signed waivers will be allowed, with less than 30 minutes of reserve fuel, does not engender the type of risks that Section 91.151(a) was intended to alleviate given the size and sp eed of the small UAS. Additionally, limiting 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 sUAS to its planned landing zone from anywhere in its limited operating area. Similar exemptions have been granted to other operations, including Exemptio ns 2689F, 5745, 10673, and 10808.

**14 C.F.R. §91.203 (a) (1) & (b): Civil aircraft: Certifications required**
The UAS fully loaded we ighs no more than 55 lbs. and is operated without an onboard pilot. As such, there is no ability or place to carry certification and registration documents or to display them on the sUAS. An equivalent level of safety will be achieved by keeping these documents at the ground control point where the pilot flying the sUAS will have immediate access to them, to the extent they are applicable to the sUAS. The FAA has issued numerous exemptions to this regulation. A representative sample of other exceptions includes Exemption Nos. 9565, 9665, 9789, 9789A, 9797, 9797A, 9816A, and 10700.

**14 C.F.R. §91.405 (a); 407 (a) (1); 409 (a) ( 2); 417(a) & (b): Maintenance Inspections**  These regulations require that an aircraft operator or owner “shall have that aircraft inspected as prescribed in subpart E of this part and shall between required inspections, except as provided in paragraph (c) of this section, have discrepancies repaired as prescribed in part 43 of this chapter...,” and others shall inspect or maintain the aircraft in compliance with Part 43.Given that these section and Part 43 apply only to aircraft with an airworthiness cert ificate,

these sections will not apply to the applicant. The operator pursuant to the flight manual and operating handbook will accomplish maintenance. An equivalent level of safety will be achieved because these small UASs are very limited in size and wil l carry a small payload and operate only in restricted areas for limited periods of time. If mechanical issues arise the UAS can land immediately and will be operating from no higher than 400 feet AGL. As provided in the User Manual, the operator will ensu re that the UAS is in working order prior to initiating flight, perform required maintenance, and keep a log of any maintenance performed. Moreover, the operator is the person most familiar with the aircraft and best suited to maintain the aircraft in an a irworthy condition to provide the equivalent level of safety.

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Pursuant to 14 C.F.R. Part 11, the following summary is provided for publication in t he Federal Register, should it be determined that publication is needed: Applicant seeks an exemption from the following rules: 14 C.F.R. §21, subpart H; 14 C.F.R 45.23(b);14 C.F.R. §§ 61.113( a) & (b);91.7 (a); 91.9 (b) (2);91.103(b);91.109; 91.119; 91.1 21; 91.151(a);91.203(a) and (b); 91.405 (a);91.407 (a) (1); 91.409 (a) (2); 91.409 (a) (2) and 91.417 (a) & (b) to operate commercially a small unmanned vehicle (55lbs or less). Approval of exemptions allowing commercial operations of sUASs, will enhance safety by reducing risk. Conventional operations, using jet or piston power aircraft, operate at extremely low altitudes just feet from the subjects being filmed and in extreme proximity to people and structures and present the risks associated with vehicl es that weigh in the neighborhood of 4,000lbs, carrying large amounts of jet A or other fuel. Such aircraft must fly to and from the operational location. In contrast, a sUAS weighing fewer than 55 lbs. and powered by batteries eliminates virtually all of that risk given the reduced mass and lack of combustible fuel carried on board. The sUAS is carried to the operation site and not flown. The sUAS will carry no passengers or crew and, therefore, will not expose them to the risks associated with manned airc raft flights. The operation of small UASs, weighting less than 55 lbs., conducted in the strict conditions outlined above, will provide an equivalent level of safety supporting the grant of the exemptions requested herein, including exempting the applican t from the requirements of Part 21 and allowing commercial operations. These lightweight aircraft operate at slow speeds, close to the ground, and in a sterile environment and, as a result, are far safer than conventional operations conducted with turbine helicopters operating in close proximity to the ground and people.**Privacy**

All flights will occur over private or controlled access property with the property owner’s prior consent and knowledge. Filming will be of people who have also consented to bein g filmed or otherwise have agreed to be in the area where filming will take place. The grant of this exemption request will provide improved safety in both day and night operations. 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 exemptions allowing commercial operation of applicant’s UAS. 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 nationa l security

– provide more than adequate justification for the grant of the requested exemptions allowing commercial operation of applicant’s sUAS in our clients’ specified industries. Sincerely,

Mark Iverson