December 9, 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 Modernization and Reform 

Act of 2012, 49 U.S.C. § 44701(f), and Part 11 of the Federal Aviation Regulations 

Dear Sir or Madam: 

We represent High Country Property LLC and are submitting this Petition for Section 333 

Exemption on their behalf under Section 333 of the FAA Modernization and Reform Act of 2012 

(“FMRA”). 

Applicant Information:

The name of the applicant: High Country Property LLC 

The primary contact for this application, with a copy to me at the address above, is: 

 Kevin Blanchard 

 High Country Property LLC 

 1819 Windy Walk Lane 

 Prescott, AZ 86305 

High Country Property LLC is a limited liability company formed under the State laws of Arizona 

on or about November 6, 2014, and Kevin Blanchard is a Managing Member of High Country 

Property LLC. 

Pursuant to Section 333 of the FMRA, High Country Property LLC hereby requests a 

determination by the Secretary of Transportation authorizing commercial operations of UAS for 

the purposes of aerial photography, aerial videography, data collection and other work related to 

aerial photography in the NAS. High Country Property LLC does not intend to use for closed set 

filming. Flight operations will utilize the off the shelf DJI families of unmanned aircraft. Conduct 

of UA operations will be with respect to FMRA Section 333(c) and the UAS “Blanket COA”. 

Exemption is necessary to effect the determination requested pursuant to FMRA Section 333. The 

attached documentation includes detailed exemption requests that demonstrate how these 

exemptions are in the public interest and will maintain at least an equal level of safety to existing 
December 9, 2015 

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regulations. Authorizing High Country Property LLC to conduct commercial UAS operations will 

result in less disruptive, safer, and more cost effective solutions than manned aviation equivalents 

due to the low altitude environment, given the size, speed and inherent risk of traditional 

commercial helicopter operations. These commercial operations often occur in the unsafe areas of 

the height-velocity diagram requiring special precision and skill. High Country Property LLC will 

conduct the commercial UAS operation in a manner that will meet, and in many cases exceed, the 

current level of safety of commercial helicopter operations. UA that are under 10 lbs., have a low 

noise signature, and carry no volatile fuel, will limit collateral damage in the event of catastrophic 

failure. The low expense of operation compared to cost prohibitive manned aviation alternatives 

allow a greater economic benefit to businesses. For these reasons, granting an exemption under 

FMRA Section 333(c) is in the public interest. UAS technology used for these commercial 

purposes benefit the public interest in the following ways: 

 Reduces the collateral damage risks to life and property associated with low altitude 

helicopter operations in undesirable portions of the height-velocity envelope. 

 Increased economic wellbeing to local businesses via cost reductions. 

 Enabling aerial business solutions to be available to a larger market. 

 
December 9, 2015 

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Table of Contents 

I. Exemptions Requested 

II. Commercial Operation/Operator 

III. Unmanned Aircraft System (UAS) 

IV. UAS Pilot-in-Command (PIC) 

V. Public Interest 

VI. Summary 

VII. List of Attachments 

I. Exemptions Requested 

Pursuant to 14 C.F.R. § 11.81(e), High Country Property LLC requests exemption from the 

following regulations: 

 14 C.F.R. Part 21 Subpart H – Airworthiness Certificates 

o Establishes: The procedural requirements for the issuance of airworthiness 

certificates as required by 14 C.F.R. § 91.203(a)(1) 

Given the small size of the UA and the safeguards that will be taken as outlined below, an 

exemption from Part 21 Subpart H meets the requirements of an equivalent level of safety 

under Part 11 and Section 333 of the FMRA with consideration “of the size, weight, speed, 

operational capability, and proximity to airports and populated areas of the particular 

UAS.” 

 14 C.F.R. § 45.23(b) – Aircraft Marking and Identification Requirements

o When marks include only the Roman capital letter "N" and the registration number 

is displayed on limited, restricted or light-sport category aircraft or experimental or 

provisionally certificated aircraft, the operator must also display on that aircraft 

near each entrance to the cabin, cockpit, or pilot station, in letters not less than 2 

inches nor more than 6 inches high, the words "limited," "restricted," "light-sport, 

"experimental," or "provisional," as applicable. 

High Country Property LLC will ensure compliance with § 45.29(f) to meet the intent of 

the regulation by displaying the registration number in the largest practicable lettering. 

 14 C.F.R. 61.113 (a)(b) and 61.133(a)(1)(ii) and 61.101 – Recreational, Private and 

Commercial Pilot Privilege and Limitations

o 14 C.F.R. § 61.113: (a) Except as provided in paragraphs (b) through (g) of this 

section, no person who holds a private pilot certificate may act as pilot in command 

of an aircraft that is carrying passengers or property for compensation or hire; nor 

may that person, for compensation or hire, act as pilot in command of an aircraft. 
December 9, 2015 

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(b) A private pilot may, for compensation or hire, act as pilot in command of an 

aircraft in connection with any business or employment. 

o 14 C.F.R. § 61.133: (a) Privileges – (1) General. A person who holds a commercial

pilot certificate may act as pilot in command of an aircraft – (ii) For compensation 

or hire, provided the person is qualified in accordance with this part and with the 

applicable parts of this chapter that apply to the operation. 

o 14 C.F.R. § 61.101: (a) A person who holds a recreational pilot certificate may not 

act as pilot in command of an aircraft: 

 For compensation or hire; 

 In furtherance of a business; 

UA operations will employ a PIC who holds, at a minimum, a recreational or sport pilot 

certificate of any category or class and a valid driver’s license. 

 14 C.F.R. 91.7(a) – Civil Aircraft Airworthiness

o No person may operate a civil aircraft unless it is in an airworthy condition. 

The PIC will conduct daily pre and post flight inspections in accordance with manufactures 

maintenance manual(s) and guidance. During flight, the PIC will adhere to § 91.7(b) and 

abort air operations immediately upon identification of an in-flight emergency or other 

unsafe condition. By complying with procedures outlined by the manufacturer, an 

equivalent level of safety will be achieved. 

 14 C.F.R. 91.9(b) Civil aircraft flight manual, marking, and placard requirements

o (b)(2) prohibits operation of U.S.-registered civil aircraft 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. 

By keeping all operating documents, manuals, authorizations and exemptions in a binder 

co-located with the GCS, High Country Property LLC meet the intent of the regulations 

and therefore achieve an equivalent level of safety. 

 14 C.F.R. 91.109(a) – Flight Instruction 

o 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.

The majority of sUAS by design are developed with single operational control through the 

use of pre-determined GPS enabled waypoints programmed before or during flight in 

addition to the use of a single hand held transmitter or control station controlled by the PIC. 

The design does not allow for dual controls during flight training and therefore the 

exemption is requested to train operators, build experience, and maintain proficiency. An 

equal level of safety will be achieved by conducting all training in sterile environments. 

Training sessions will be accomplished separately from flights conducted for compensation 

or hire. 
December 9, 2015 

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 14 C.F.R. 91.119 (c) – Minimum Safe Altitudes 

o Except when necessary for takeoff or landing, no person may operate an aircraft 

below the following altitudes: (b) Over any congested area of a city, town, or 

settlement, or over any open air assembly of persons, an altitude of 1,000 feet above 

the highest obstacle within a horizontal radius of 2,000 feet of the aircraft. (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. (d) 

Helicopters, powered parachutes, and weight-shift-control aircraft. If the operation 

is conducted without hazard to persons or property on the surface— (1) A helicopter 

may be operated at less than the minimums prescribed in paragraph (b) or (c) of 

this section, provided each person operating the helicopter complies with any routes 

or altitudes specifically prescribed for helicopters by the FAA.

Commercial UAS operations will be conducted at or below the maximum altitude 

authorized by COA. Given the size, weight and lack of fuel; combined with operation 

limitations listed below, the operation will be conducted with a greater level of safety than 

exists with current manned aviation operations. 

 14 C.F.R. 91.121 – Altimeter Settings

Each person operating an aircraft shall maintain the cruising altitude or flight level of that 

aircraft, as the case may be, by reference to an altimeter that is set, when operating... SUAS 

are equipped with Global Positioning System (GPS), which provide altitude and geo-location data 

to the operator without utilizing an altimeter. Due to this fact, an exemption is required. GPS are 

precise within a few feet and combined with fail-safes and a visual observer the operation will meet 

an equivalent level of safety. 

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

o No person may begin 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;

This regulation is written based on the capabilities of a traditional aircraft, which have 

flight times of several hours or greater; therefore, with the majority of sUAS which have 

flight times of only an hour or less, this regulation would effectively deny the ability of the 

air vehicle to operate. 

The PIC will achieve an equivalent level of safety by complying with all manufacturer 

guidelines and the DJI low battery failsafe system. 

 14 C.F.R. 91.215(b) – ATC Transponder and Altitude Reporting Equipment and Use. 
December 9, 2015 

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o All airspace. Unless otherwise authorized or directed by ATC, no person may 

operate an aircraft in the airspace described in paragraphs (b)(1) through (b)(5) of 

this section, unless that aircraft is equipped with an operable coded radar beacon 

transponder having either Mode 3/A 4096 code capability, replying to Mode 3/A 

interrogations with the code specified by ATC, or a Mode S capability, replying to 

Mode 3/A interrogations with the code specified by ATC and intermode and Mode 

S interrogations in accordance with the applicable provisions specified in TSO C112, and that aircraft is equipped with automatic pressure altitude reporting 

equipment having a Mode C capability that automatically replies to Mode C 

interrogations by transmitting pressure altitude information in 100-foot increments. 

This requirement applies—

(1) All aircraft. In Class A, Class B, and Class C airspace areas; 

(2) All aircraft. In all airspace within 30 nautical miles of an airport listed in 

appendix D, section 1 of this part from the surface upward to 10,000 feet MSL; 

(3) Notwithstanding paragraph (b)(2) of this section, any aircraft which was not 

originally certificated with an engine-driven electrical system or which has not 

subsequently been certified with such a system installed, balloon or glider may 

conduct operations in the airspace within 30 nautical miles of an airport listed in 

appendix D, section 1 of this part provided such operations are conducted— 

(i) Outside any Class A, Class B, or Class C airspace area; and

(ii) Below the altitude of the ceiling of a Class B or Class C airspace area designated 

for an airport or 10,000 feet MSL, whichever is lower; and 

(4) All aircraft in all airspace above the ceiling and within the lateral boundaries of 

a Class B or Class C airspace area designated for an airport upward to 10,000 feet 

MSL; and 

(5) All aircraft except any aircraft which was not originally certificated with an 

engine-driven electrical system or which has not subsequently been certified with 

such a system installed, balloon, or glider— 

(i) In all airspace of the 48 contiguous states and the District of Columbia at and 

above 10,000 feet MSL, excluding the airspace at and below 2,500 feet above the 

surface; and 

(ii) In the airspace from the surface to 10,000 feet MSL within a 10-nautical-mile 

radius of any airport listed in appendix D, section 2 of this part, excluding the 
December 9, 2015 

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airspace below 1,200 feet outside of the lateral boundaries of the surface area of the 

airspace designated for that airport. 

The sUAS to be used in the proposed operation does not come equipped with a transponder. 

No transponder exists for the sUAS, which can be installed. The petitioner requests relief 

from the exemption to the extent required to operate in areas in which a transponder is 

required according the applicable regulations in this part. 

The PIC will achieve an equivalent level of safety by complying with all provisions of the 

COA under which operations are to be conducted. By issuing appropriate NOTAMS and 

prior ATO coordination, an equivalent level of safety can be achieved as other manned 

aircraft, which receive authorization to fly in airspace where a transponder is required but 

not operable. In order to give proper notice to the ATO, the PIC will comply with the 

provisions of 91.215(d)(3). The sUAS flown under this exemption will comply with all 

altitude limits and airport standoff distances required by COA, which mitigate hazards to 

aircraft controlled by the ATO in congested airspace. 

 14 C.F.R. 91.405(a), 91.407(a)(1), 91.409(a)(2) and 91.417(a) & (b) – Maintenance 

Inspections 

o 91.405(a) States: Each owner or operator of an aircraft—(a) 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

o 91.407(a)(1) States: (a) No person may operate any aircraft that has undergone 

maintenance, preventive maintenance, rebuilding, or alteration unless—(1) It has 

been approved for return to service by a person authorized under § 43.7 of this 

chapter

o 91.409(a)(2) States: (a) Except as provided in paragraph (c) of this section, no 

person may operate an aircraft unless, within the preceding 12 calendar months, it 

has had—(2) An inspection for the issuance of an airworthiness certificate in 

accordance with part 21 of this chapter. No inspection performed under paragraph 

(b) of this section may be substituted for any inspection required by this paragraph 

unless it is performed by a person authorized to perform annual inspections and is 

entered as an ‘‘annual’’ inspection in the required maintenance records.

o 91.417(a) & (b) States: (a) Except for work performed in accordance with §§ 

91.411 and 91.413, each registered owner or operator shall keep the following 

records for the periods specified in paragraph (b) of this section: (paragraphs 1 (i – 

iii), 2 (i – vi)); (b) The owner or operator shall retain the following records for the 

periods prescribed: (paragraphs 1 – 3)

The PIC will conduct Pre/Post flight inspections and maintenance in accordance with the 

manufacturer’s guidance as stated in the operations manual. If maintenance is required, the 

PIC will conduct a dedicated test flight will be conducted to ensure safety before resuming 

commercial operations. All inspection, maintenance and alterations will be documented 
December 9, 2015 

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and maintained in a record. These actions will meet the intent of the regulations from which 

exemption is being requested and lead to an equivalent level of safety. 

II. Commercial Operator/Operation 

Any UA flown under this exemption will be controlled by a certificated PIC. The PIC will hold, 

at a minimum, a recreational or sport pilot certificate. 

For each flight, High Country Property LLC: 

 Will contact the controlling air traffic organization to issue a NOTAM. 

 Will conduct a comprehensive worksite inspection and analysis, identifying limits of 

customer property or authorized access areas. 

 Will conduct preflight planning in accordance with Section 91.103 Preflight Action.

 Will operate in those areas only with the consent of the landowner or designated 

representative. 

 Will identify potential obstructions or other hazards to safe operation. 

 Will clear the area of personnel or bystanders that are non-essential to the operation, 

maintaining at a minimum, 500 feet away from non-participating persons. 

 Will conduct a preflight safety briefing to Visual Observer (VO) and participating persons. 

 Will at all times yield to manned air traffic. 

 Will operate within VLOS of both PIC and VO during daylight hours only.

 Will maintain voice communications with VO and participating persons.

 Will operate under visual flight rules, in visual meteorological conditions, for the airspace 

in which the flight is conducted.

 Will not exceed the maximum altitude as defined in the COA under which flight 

authorized, as determined by the installed GPS.

 Will keep operating documents, manuals, authorizations and exemptions in a binder colocated with the GCS.

 Will immediately terminate flight, in the safest manner possible, when safety to persons or 

property become compromised. 

 Will terminate flight, in the safest manner possible, when unable to comply with these 

limitations or any other limitations granted as part of this exemption.

In order to remain at an altitude at or below the attitude prescribed by the applicable COA, relief 

is needed from Section 91.119 (c). By following these operating standards, the commercial 

operation will meet an equivalent level of safety to the regulation in which relief is sought. 

III. Unmanned Aircraft System 

High Country Property LLC seeks exemption to operate DJI UAS. Other UAS types may be 

requested in future amendments. The DJI Phantom 1 and DJI Phantom 3 Advanced are the primary 

aircraft in our operation for which we seek exemption. The UA will be flown via a combination 
December 9, 2015 

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of RC control and tablet GCS. These UA types are a GPS equipped, multirotor helicopter. A quadcopter type rotorcraft utilizing four motors. Lithium-polymer batteries power the UA. 

The UA also has several fail-safes for loss of RC signal, loss of GPS, and low battery as outlined 

in the respective Operation Manuals. The UA display visual and emit an audible low battery alerts 

at which time the UA will automatically engage the landing sequence. Based upon those 

safeguards, I request exemption from Section 91.151(b) Fuel requirements for flight in VFR 

conditions. 

Given the size, weight, speed, and controlled operating area associated with the UA to be utilized, 

an exemption from 14 CFR part 21, Subpart H (Airworthiness Certificates) and § 91.203 (a) and 

(b) is requested. Exemption is sought from § 45.23 Marking of the aircraft. The UA will display 

the registration number in the largest practicable lettering. High Country Property LLC seeks to 

be exempt from § 91.405(a), 91.407(a)(1), 91.409(a)(2) and 91.417(a) and (b) Maintenance 

inspections will be conducted according to operations manual and prudent judgment as previously 

outlined to determine the integrity and safety of the UA and associated equipment. Further, relief 

is required from 91.7(a), which prohibits the operation of an aircraft without an airworthiness 

certificate and 91.9(b) (2) requiring an approved flight manual in the aircraft. The UA will not be 

operating with an airworthiness certificate therefore, this would be inappropriate. The UAS are too 

small to carry the operating documents so an equivalent amount of safety can be achieved through 

keeping the operating documents and manuals at the GCS. 

IV. UAS Pilot in Command (PIC) 

Under part § 61, recreational, sport and private pilots are limited to non-commercial operations, 

however High Country Property LLC can ensure UA operations will achieve an equivalent level 

of safety as current regulation because UA do not carry any pilots or passengers. A commercial 

pilot certificate will not ensure RC piloting ability, as the psychomotor skills are different. The 

inherent risks of operating a UAS are far less than in the commercial activities outlined in 14 CFR 

part 61, et seq., thus exemption is requested from § 61.101 Recreational Pilot Privileges and 

Limitations. PICs will maintain recent flight experience on the UAS. Training and experience 

flights will be conducted separate from commercial operations. 

V. Public Interest 

Given the above stated evidence, procedures, and precautions operating UAS commercially for 

the purposes of aerial photography, aerial videography, data collection and other work related to 

aerial photography will ultimately be in the public interest. These operations, when executed with 

prudence, will exceed the current level of safety as the regulations from which exemption is sought. 

UA operations will allow greater access to commercial aerial services that were not previously 

economically feasible for many firms. This will provide a much needed economic uplift to the 

community and hence the public. UA operations are associated with less risk of collateral damage 

to persons and property while limiting disruptive noise pollution associated with low altitude 

aviation operations. 
December 9, 2015 

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VI. Summary 

Pursuant to Section 333 of PL 112-95 commonly known as the “FAA Modernization and Reform 

Act of 2012”, High Country Property LLC, hereby applies for authorization to conduct commercial 

unmanned aerial systems (UAS) operations for the purposes of aerial photography, aerial 

videography, data collection and other work related to aerial photography listings Rules for which 

exemption is sought: 

 14 C.F.R. Part 21 Subpart H 

 14 C.F.R. § 45.23(b) 

 14 C.F.R. § 61.101, 61.113 and 61.133(a)(1)(ii) 

 14 C.F.R. § 91.7(a) 

 14 C.F.R. 91.9(b) 

 14 C.F.R. § 91.103 

 14 C.F.R. § 91.109(a) 

 14 C.F.R. § 91.119 

 14 C.F.R. § 91.121 

 14 C.F.R. § 91.151(a) 

 14 C.F.R. § 91.215(b) 

 14 C.F.R. § 91.405(a) 

 14 C.F.R. § 91.407(a)(1) 

 14 C.F.R. § 91.409(a)(2) 

 14 C.F.R. § 91.417(a) & (b) 

VII. Attachments: 

1. Specific UAV manuals. 

a. DJI Phantom 1 Naza-M Release Notes 

b. DJI Phantom 1 Release Notes 

c. DJI Phantom 1 Upgrade Kit Release Notes 

d. DJI Phantom 1 Prop Guard Assembly Instruction – Version 1.02 

e. DJI Phantom 1 Flying Flowchart – Version 1.0 

f. DJI Phantom 1 P330CB-H3-2D Manual – Version 1.0 

g. DJI Phantom 1 Slide Lever Manual – Version 1.0 

h. DJI Phantom 3 Advanced How to Update Firmware – Version 1.2 

i. DJI Phantom 3 Advanced Release Notes 

j. DJI Phantom 3 Advanced Safety Guidelines Disclaimer 

2. UAV user manual 

a. DJI Phantom 1 Advanced Manual – Version 1.4 

b. DJI Phantom 3 Advanced User Manual 

c. DJI Phantom 3 Advanced Charging Hub User Manual 

3. Battery Manuals 

a. DJI Phantom 1 Battery and Charger Instructions – Version 1.0 
December 9, 2015 

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b. DJI Phantom 3 Advanced Battery Flight Safety Guidelines 

4. Quick Start guides. 

a. DJI Phantom 1 Quick Start Manual – Version 1.7 

b. DJI Phantom 3 Advanced Quick Start Guide 

5. NAZA – GPS Manuals 

a. Phantom 1 NAZA-M Quick Start Manual – Version 1.26 

Thank you for your prompt attention and consideration. Traverse Legal and its clients are 

committed to safe UAS operation and ambassadors. Please do not hesitate to contact me 

directly with any questions or concerns at 866-936-7447. 

 Very truly yours, 

 Traverse Legal, PLC

 

 Enrico Schaefer 

 Attorney at Law 

 www.dronelaw.pro 

enrico@traverselegal.com 

ES/cam 

Enclosures