Mark Iverson

High Point Pix

6402 NE 153rd St.

Kenmore, WA 98028

(206) 409-4500

December 15, 2015

U. S. Department of Transportation

Docket Management System

1200 New Jersey Ave., SE 

Washington, DC 20590

Re: Exemption Request Section 333 of the FAA Reform Act

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 such 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 clients 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

• Communications infrastructure inspection/monitoring

• Wildlife 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 project 
locations. 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 153rd Street

Kenmore, WA 98028 

Phone: (206) 409-4500 

Regulations from which the exemption is requested: 

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 aircraft 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. 91.119 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) Maintenance required 

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) Maintenance records
I. STATUTORY AUTHORITY 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 

airworthiness 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;

• Whether the sUAS operates within the visual line of sight of the operator

• Whether the sUAS operates outside of highly populated areas and away from 

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 for the safe 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 capability 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.”

We are 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 flies 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 communication 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 

which they will operate, our application falls squarely within the zone of safety (an equivalent 

level of safety) in which Congress envisioned that the FAA must, by exemption, allow 
commercial 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, as 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 authority 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 application 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 

airspace 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 inspection. 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 sites. 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 fuels 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 for 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. AIRCRAFT AND EQUIVALENT LEVEL OF SAFETY

High 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 conducting 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. Maximum total flight time for each operational flight will be 30 minutes. The UAS 

calculates 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 200 feet AGL, never exceeding 400 

feet AGL.

5. Crew for each operation will consist of the 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 each 

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 the 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 other 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 Perimeter 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 Phantom 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 REGULATIONS

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” can 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, the 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 that no person may operate a civil aircraft unless it is in airworthy 

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

exemption be granted, no FAA regulatory standard will exist for determining airworthiness. 

Given the size of the aircraft 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 Aircraft Flight Manual in the Aircraft.

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

which an Airplane or Rotorcraft Flight Manual is not required by §21.5 of this chapter, unless 

there is available in the aircraft a current approved airplane or rotorcraft Flight Manual, 

approved manual material, markings, and placards, or any combination thereof. The sUAS, 

given its size and configuration has no ability or place to carry such a flight manual on the 

aircraft, not only because there is no pilot on board, but because there is no room or capacity 

to carry such an item on the aircraft.

The equivalent level of safety will be maintained by keeping the flight manual at the ground 

control point where the pilot flying the sUAS will have immediate access to it. The 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 instruction unless that aircraft has fully functioning dual 

controls.

sUASs 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 aircraft. Section 91.119 (d) allows 

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

the helicopter complies with any route or altitudes prescribed for helicopters by the FAA. As this 

exemption is for a sUAS that behave 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 

which 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 those 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 that must comply with Section 91.119.

14 C.F.R. §91.121: Altimeter Settings

This regulation requires each person operating an aircraft to maintain cruising altitude by 

reference to an altimeter that is set “...to the elevation of the departure airport or an 

appropriate altimeter setting available before departure.” As the sUAS may not have a 

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

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

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 

approximately 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 believes 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 speed 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 Exemptions 2689F, 5745, 10673, 

and 10808.

14 C.F.R. §91.203 (a) (1) & (b): Civil aircraft: Certifications required

The UAS fully loaded weighs no more than 55 lbs. and is operated without an onboard pilot. 

As such, there is no ability or place to carry certification and registration documents or to 

display them on the sUAS.

An equivalent level of safety will be achieved by keeping these documents at the ground control 

point where the pilot flying the sUAS will have immediate access to them, to the extent they are 

applicable to the sUAS. 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 certificate, 

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 will 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 ensure 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 airworthy 

condition to provide the equivalent level of safety.

**********************************************************************************************************

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: 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; 91.121; 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 vehicles 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 

aircraft 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 applicant 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 being 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 national 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