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March 1, 2016

Attn:

U. S. Department of Transportation Docket Operations

West Building Ground Floor, Room w12-140

1200 New Jersey Ave, SE Washington, DC 20590

RE: ABOVE ALL VIDEO AND PHOTOGRAPHY LLC

REQUEST AN EXEMPTION FROM THE REQUIREMENTS OF TITLE 14 OF THE CODE 

OF FEDERAL REGULATIONS

SECTIONS 61.113(a) & (b), 91.7(a), 91.121, 91.151(b), 91.405(a), 91.407(a)(1), 91.409(a)(1) & 

(a)(2), AND 91.417(a) & (b) CONCERNING COMMERCIAL OPERATION OF BLADE 

CHROMA 1080p UNMANNED AIRCRAFT SYSTEMS PURSUANT TO SECTION 333 OF

THE FAA MODERNIZATION AND REFORM ACT OF 2012 (PUBLIC LAW 112-95)

Matthew Buckner

President

Above All Video and Photography LLC

1802 Big Bottom Hollow Rd

Charleston WV, 25311

304-542-8101

aboveallvideoandphoto@gmail.com
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TABLE OF CONTENTS

GLOSSARY OF ABBREVIATIONS...................................................................................3

SUMMARY...........................................................................................................................4

INTRODUCTION AND INTERESTS OF PETITIONER....................................................4

BACKGROUND....................................................................................................................4

BASIS FOR PETITION.........................................................................................................5

NAME AND ADDRESS OF PETITIONER.........................................................................6

DRONE REGERSTRATION NUMBERS OF DRONES OWNED BY ABOVE ALL 

VIDEO AND 

PHOTOGRAPHY.......................................................................6

Page

THE SPECIFIC SECTIONS OF 14 C.F.R. FROM WHICH ABOVE ALL VIDEO AND 

PHOTOGRAPHY LLC SEEKS EXEMPTION.....................................................................7

THE EXTENT OF RELIEF ABOVE ALL VIDEO AND PHOTOGRAPHY LLCSEEKS AND

THE REASON ABOVE ALL VIDEO AND PHOTOGRAPHY LLCSEEKS THE 

RELIEF...............................................................................................................................10

THE REASONS WHY GRANTING ABOVE ALL VIDEO AND PHOTOGRAPHY 

LLCREQUEST WOULD BE IN THE PUBLIC INTEREST 

.................................................................................................................................12

THE REASONS WHY GRANTING THE EXEMPTION TO ABOVE ALL VIDEO AND 

PHOTOGRAPHY LLCWOULD NOT ADVERSELY AFFECT 

SAFETY................................................................................................................................14

SUMMARY THAT CAN BE PUBLISHED IN THE FEDERAL REGISTER....................25

ANY ADDITIONAL INFORMATION, VIEWS, OR ARGUMENTS AVAILABLE TO 

SUPPORT ABOVE ALL VIDEO AND PHOTOGRAPHY LLC

REQUEST..........................................................................................................25

CONCLUSION.....................................................................................................................25

APPENDICES......................................................................................... 26
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GLOSSARY OF ABBREVIATIONS

AGL Above Ground Level

AOI Area of Interest

ATC Air Traffic Control

ATO Air Traffic Organization

AV Aerial Vehicle

CFR Code of Federal Regulations

COA Certificate of Authorization

FAA Federal Aviation Administration 

FAR Federal Aviation Regulation 

GCS Ground Control Station

GPS Global Positioning System

LOL Loss of Link

NAS National Airspace System

NOTAM Notice to Airman

PIC Pilot In Command

Section 333 FAA Modernization and Reform Act of 2012 (FMRA) 

SO Safety Observer

SOP Standard Operating Procedures

UA Unmanned Aircraft

UAS Unmanned Aircraft System

VFR Visual Flight Rules

VLOS Visual Line of Site

VMC Visual Meteorological Conditions

VTOL Vertical Takeoff and Landing
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SUMMARY

ABOVE ALL VIDEO AND PHOTOGRAPHY LLC seeks exemption from the requirements of

14 C.F.R §§ 61.113(a) & (b), 91.7(a), 91.121, 91.151(b), 91.405(a), 91.407(a)(1), 

91.409(a)(1) & (a)(2), and 91.417(a) & (b), to operate an Unmanned Aircraft System (Blade 

Chroma 1080p) pursuant to Section 333 of the FAA Modernization and Reform Act of 2012

(FMRA). This exemption will permit Above All Video and Photography LLC to operate an

Unmanned Aircraft System (UAS) for the commercial purpose of conducting aerial video and

photography of construction sites, residential and commercial real estate, civil landscapes and 

events over certain areas of the United States.

INTRODUCTION AND INTERESTS OF THE PETITIONER

The objective of ABOVE ALL VIDEO AND PHOTOGRAPHY LLC and our Unmanned

Aircraft System (Blade Chroma 1080p) aerial operations is to provide a more affordable, highquality production system for a variety of governmental, commercial, public, and residential 

uses, specifically targeting

• Construction sites before and after

• Appraisals

• Real-estate marketing

• Economic development

• Civic landmarks

• Special event coverage

• Private and governmental training

My staff has safely flown small RC electric quadcopters recreationally for approximately 6 years 

without incident.

BACKGROUND

Unmanned Aircraft Systems: Blade Chroma 1080p, 

UAS

ABOVE ALL VIDEO AND PHOTOGRAPHY LLC seeks an exemption to operate Blade 

Chroma 1080p system for compensation or hire within the NAS. The Blade Chroma 1080p 

is vertical takeoff and landing (VTOL) Unmanned Aircraft (UA) with a Ground Control

Station (GCS) utilizing built in screen and or electronic tablet or smart phone 

systems. The Blade Chroma 1080p has a maximum gross weight of approximately 2.9 lb.

while having a diagonal dimension of 15.7”, a maximum speed of approximately 19.9’m/ps and

a maximum flying height of 400'. The Blade Chroma 1080p is equipped with four main rotors; 

driven by Lithium Polymer battery powered electric motors.
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The Blade Chroma 1080p that will be operated by ABOVE ALL VIDEO AND 

PHOTOGRAPHY LLC will be registered in accordance with 49 U.S.C. 44103, Registration of

Aircraft, as well as 14 C.F.R Part 47, Aircraft Registration, and marked in accordance with 14

C.F.R. Part 45, Identification and Registration Marking.

BASIS FOR PETITION

Petitioner, The ABOVE ALL VIDEO AND PHOTOGRAPHY LLC, pursuant to the provisions

of the Federal Aviation Regulations (14 C.F.R. § 11.61) and the FAA Modernization and Reform

Act of 2012 (FMRA), Section 333, Special Rules for Certain Unmanned Aircraft Systems,

hereby petitions the Administrator to commercially operate the Blade Chroma 1080p, UAS in the

National Airspace System (NAS), and for an exemption from the requirements of 14 C.F.R §§

61.113(a) & (b), 91.7(a), 91.121, 91.151(b), 91.405(a), 91.407(a)(1), 91.409(a)(1) & (a)(2), and 

91.417(a) & (b).

In consideration of the speed, weight, size, and limited operating area associated with the 

unmanned aircraft and its operation, ABOVE ALL VIDEO AND PHOTOGRAPHY LLC

operation of Blade Chroma 1080p UAS meets the conditions of FMRA Section 333 and

therefore, will not require an airworthiness certificate in accordance with 14 C.F.R. Part 21, 

Subpart H.

Accordingly, The ABOVE ALL VIDEO AND PHOTOGRAPHY LLC requests relief 

from Sections 91.405(a), 91.407(a)(1), 91.409(a)(1) & (a)(2), and 91.417(a) & (b), as these

sections set forth requirements for maintenance that only apply to aircraft with an airworthiness 

certificate.

ABOVE ALL VIDEO AND PHOTOGRAPHY LLC submits that the requested relief is

proper since an equivalent level of safety will be ensured. ABOVE ALL VIDEO AND 

PHOTOGRAPHY LLC will use experienced personnel or technicians to perform maintenance,

alterations, or preventive maintenance on the UAS using the methods, techniques, and practices 

prescribed in the operating documents (i.e., Monthly Maintenance Log, and Blade Chroma 

1080p Instruction Manual). Furthermore, ABOVE ALL VIDEO AND PHOTOGRAPHY LLC

will document and maintain all maintenance records for the Blade Chroma 1080p UAS.

Relief from certain requirements of Section 61.113(a) and (b), entitled Private pilot privileges 

and limitations: Pilot in command, is requested by ABOVE ALL VIDEO AND 

PHOTOGRAPHY LLC to the extent necessary to allow a Pilot in Command (PIC) holding a

private pilot or higher level certificate, as well as an airman medical certificate, and who has

demonstrated, by meeting minimum flight- hour and currency requirements, that the PIC is able

to safely operate the Blade Chroma 1080p UAS in a manner consistent with this exemption,

including evasive and emergency maneuvers and maintaining appropriate distances from people, 

vessels, vehicles and structures.

ABOVE ALL VIDEO AND PHOTOGRAPHY LLC seeks relief from Section 91.7(a), entitled

Civil aircraft airworthiness, because the Blade Chroma 1080p UAS do not require an

airworthiness certificate in accordance with 14 C.F.R. Part 21, Subpart H. As such, ABOVE ALL 
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VIDEO AND PHOTOGRAPHY LLC submits that they will ensure that the Blade Chroma 

1080p UAS is in an airworthy condition, prior to every flight, by determining that the UAS 

are in compliance with the operating documents (i.e., Monthly Maintenance Log, and Blade 

Chroma 1080p Instruction Manual), and that the aircraft are in a condition for safe flight. 

ABOVE ALL VIDEO AND PHOTOGRAPHY LLC also seeks an exemption from the

requirements of Section 91.121, entitled Altimeter Settings, as the Blade Chroma 1080p UAS 

will not have a typical barometric altimeter onboard. However, altitude information of the

Blade Chroma 1080p UAS will be provided to the PIC via Global Positioning System (GPS)

equipment and radio communications telemetry data link, which downlinks from the UA to the

GCS for active monitoring of the flight path. This altitude information, combined with ABOVE 

ALL VIDEO AND PHOTOGRAPHY LLC operation of the Blade Chroma 1080p UAS within

visual line of sight, at or below 400 feet AGL, will ensure a level of safety equivalent to 

Section 91.121.

Additionally, ABOVE ALL VIDEO AND PHOTOGRAPHY LLC seeks an exemption from 

the requirements of Section 91.151(b), entitled Fuel requirements for flight in VFR conditions. 

ABOVE ALL VIDEO AND PHOTOGRAPHY LLC submits that safety will not be affected by

operation of the Blade Chroma 1080p UAS during daylight hours in visual meteorological

conditions (VMC) under visual flight rules (VFR), with enough battery power to fly for a total

duration of approximately 30 minutes. Battery power indicators are also able to show exactly

how much battery power is left, as well as how much time is needed to return safely back to 

point of takeoff.

In accordance with 14 C.F.R. § 11.81, ABOVE ALL VIDEO AND PHOTOGRAPHY LLC

provides the following information in support of its petition for exemption:

A. Name And Address Of The Petitioner.

The name and address of the Petitioner and point of contact is: 

Matthew Buckner

President

ABOVE ALL VIDEO AND PHOTOGRAPHY LLC

1802 Big Bottom Hollow Rd.

Charleston, WV 25311

304-542-8101

DRONE #1 FAA REGISTRATION # FA3TMRCXMP

DRONE #2 FAA REGISTRATION # FA3P9WFXTY
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B. The Specific Sections Of 14 C.F.R. From Which ABOVE ALL VIDEO AND 

PHOTOGRAPHY LLC Seeks Exemption.

1. ABOVE ALL VIDEO AND PHOTOGRAPHY LLC Seeks Exemption From The

Requirements Of Section 61.113(a) And (b).

Section 61.113, entitled Private pilot privileges and limitations: Pilot in command, 

subsections (a) and (b) prescribe the following, in relevant part:

(a) No person who holds a private pilot certificate may act as a pilot in command 

(PIC) of an aircraft that is carrying passengers or property for compensation or hire; 

nor may that person, for compensation or hire, act as PIC of an aircraft.

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

connection with any business or employment if—

(1) The flight is only incidental to that business or employment; and

(2) The aircraft does not carry passengers or property for compensation or hire.

2. ABOVE ALL VIDEO AND PHOTOGRAPHY LLC Seeks Exemption From The

Requirements Of Section 91.7(a).

Section 91.7, entitled Civil aircraft airworthiness, subsection (a), states the following: 

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

3. ABOVE ALL VIDEO AND PHOTOGRAPHY LLC Seeks Exemption From The

Requirements Of Section 91.121.

Section 91.121, entitled Altimeter settings, subsection (a), states the following, in part:

(a) 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--

(1) Below 18,000 feet MSL, to--

(i) The current reported altimeter setting of a station along the route and 

within 100 nautical miles of the aircraft;

(ii) If there is no station within the area prescribed in paragraph (a)(1)(i) of 

this section, the current reported altimeter setting of an appropriate available 

station; or

(iii) In the case of an aircraft not equipped with a radio, the elevation of the 

departure airport or an appropriate altimeter setting available before 

departure.
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4. ABOVE ALL VIDEO AND PHOTOGRAPHY LLC Seeks Exemption From The

Requirements Of Section 91.151(b).

Section 91.151, entitled Fuel requirements for flight in VFR conditions, subsection

(b), states the following:

(b) No person may begin a flight in a rotorcraft 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, to fly after that 

for at least 20 minutes.

5. ABOVE ALL VIDEO AND PHOTOGRAPHY LLC Seeks Exemption From The

Requirement Of Section 91.405(a).

Section 91.405, entitled Maintenance required, subsection (a), states the following: 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[.]

6. ABOVE ALL VIDEO AND PHOTOGRAPHY LLC Seeks Exemption From The

Requirements Of Section 91.407(a)(1)

Section 91.407, entitled Operation after maintenance, preventive maintenance, 

rebuilding, or alteration, subsection (a)(1), states the following:

(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[.]

7. ABOVE ALL VIDEO AND PHOTOGRAPHY LLC Seeks Exemption From The

Requirements Of Sections 91.409(a)(1) And 91.409(a)(2).

Section 91.409, entitled Inspections, subsection (a), states the following:

(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 --

(1) An annual inspection in accordance with part 43 of this chapter and has been 

approved for return to service by a person authorized by § 43.7 of this chapter; or

(2) An inspection for the issuance of an airworthiness certificate in accordance 

with part 21 of this chapter.
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8. ABOVE ALL VIDEO AND PHOTOGRAPHY LLC Seeks Exemption From The

Requirements Of Sections 91.417(a) And 91.417(b).

Section 91.417, entitled Maintenance records, subsections (a) and (b), state the 

following:

(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:

(1) Records of the maintenance, preventive maintenance, and alteration and 

records of the 100-hour, annual, progressive, and other required or approved 

inspections, as appropriate, for each aircraft (including the airframe) and each 

engine, propeller, rotor, and appliance of an aircraft. The records must include--

(i) A description (or reference to data acceptable to the Administrator) of the 

work performed; and

(ii) The date of completion of the work performed; and

(iii) The signature, and certificate number of the person approving the aircraft 

for return to service.

(2) Records containing the following information:

(i) The total time in service of the airframe, each engine, each propeller, and 

each rotor.

(ii) The current status of life-limited parts of each airframe, engine, propeller, 

rotor, and appliance.

(iii) The time since last overhaul of all items installed on the aircraft which 

are required to be overhauled on a specified time basis.

(iv) The current inspection status of the aircraft, including the time since the 

last inspection required by the inspection program under which the aircraft 

and its appliances are maintained.

(v) The current status of applicable airworthiness directives (AD) and safety 

directives including, for each, the method of compliance, the AD or safety 

directive number and revision date. If the AD or safety directive involves 

recurring action, the time and date when the next action is required.

(vi) Copies of the forms prescribed by § 43.9(d) of this chapter for each 

major alteration to the airframe and currently installed engines, rotors, 

propellers, and appliances.
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(b) The owner or operator shall retain the following records for the periods 

prescribed:

(1) The records specified in paragraph (a)(1) of this section shall be retained until 

the work is repeated or superseded by other work or for 1 year after the work is 

performed.

(2) The records specified in paragraph (a)(2) of this section shall be retained and 

transferred with the aircraft at the time the aircraft is sold.

(3) A list of defects furnished to a registered owner or operator under § 43.11 of 

this chapter shall be retained until the defects are repaired and the aircraft is 

approved for return to service.

C. The Extent Of Relief ABOVE ALL VIDEO AND PHOTOGRAPHY LLC Seeks And

The Reason ABOVE ALL VIDEO AND PHOTOGRAPHY LLC Seeks The Relief.

1. Extent Of Relief ABOVE ALL VIDEO AND PHOTOGRAPHY LLC Seeks And The

Reason ABOVE ALL VIDEO AND PHOTOGRAPHY LLC Seeks Relief From Section 

61.113(a) And (b).

Relief from Section 61.113(a) and (b) entitled Private pilot privileges and limitations: Pilot in 

command, is requested to the extent necessary to allow a PIC holding a private pilot or higher 

level certificate, as well as a current and valid airman medical certificate, and who has met 

certain flight-hour and currency requirements, to conduct the proposed UAS flight operations for 

compensation or hire.

This relief is requested since the limitations set forth in Section 61.113(a) and (b) state that a 

private pilot may, for compensation or hire, act as PIC of an aircraft in connection with any 

business or employment if: (1) The flight is only incidental to that business or employment; and 

(2) The aircraft does not carry passengers or property for compensation or hire.

As set forth more fully below, ABOVE ALL VIDEO AND PHOTOGRAPHY LLC submits that

an equivalent level of safety will be maintained because no PIC will be allowed to operate the

Blade Chroma 1080p UAS unless that PIC has met certain flight-hour and currency

requirements, demonstrating that the PIC is able to safely operate either the Blade Chroma 

1080p UAS in a manner consistent with the operations specifications as described in this

exemption, including evasive and emergency maneuvers, as well as maintaining appropriate

distances from people, vessels, vehicles and structures.

Further, ABOVE ALL VIDEO AND PHOTOGRAPHY LLC submits that all flights of the

Blade Chroma 1080p UAS, conducted by the PIC pursuant to the grant of this Petition: (1) will

be incidental to ABOVE ALL VIDEO AND PHOTOGRAPHY LLC business; and (2) will not

carry passengers or property for compensation or hire.
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2. Extent Of Relief ABOVE ALL VIDEO AND PHOTOGRAPHY LLC Seeks And The

Reason ABOVE ALL VIDEO AND PHOTOGRAPHY LLC Seeks Relief From Section 

91.7(a).

Relief from Section 91.7(a) entitled Civil aircraft airworthiness, is requested to the extent 

required to allow ABOVE ALL VIDEO AND PHOTOGRAPHY LLC to determine that the

Blade Chroma 1080p UAS are in airworthy condition prior to every flight by ensuring that the

UAS is in compliance with the operating documents (i.e., ABOVE ALL VIDEO AND 

PHOTOGRAPHY LLC Aerial Operations Manual, Monthly Maintenance Log, and Blade 

Chroma 1080p Instruction Manual).

ABOVE ALL VIDEO AND PHOTOGRAPHY LLC seeks the requested relief because the Blade 

Chroma 1080p UAS do not require an airworthiness certificate in accordance with 14 C.F.R. Part

21, Subpart H. Therefore, ABOVE ALL VIDEO AND PHOTOGRAPHY LLC will ensure that 

the Blade Chroma 1080p UAS are in airworthy condition based upon its compliance with the

operating documents (i.e., Monthly Maintenance Log, and Blade Chroma 1080p) prior to every 

flight, and further, determine that the aircraft are in condition for safe flight, as stated in the 

conditions and limitations below.

3. Extent Of Relief ABOVE ALL VIDEO AND PHOTOGRAPHY LLC Seeks And The 

Reason ABOVE ALL VIDEO AND PHOTOGRAPHY LLC Seeks Relief From Section 

91.121.

Relief from Section 91.121, entitled Altimeter settings, may be required to allow flight 

operations of the Blade Chroma 1080p UAS, which utilize a barometric pressure sensor, GPS 

equipment, and a radio communications telemetry data link to downlink altitude information 

from the UA to the PIC at the ground control station (GCS). Since the FAA requires that any 

altitude information concerning UAS operations be reported to air traffic control (ATC) in feet 

above ground level (AGL), ABOVE ALL VIDEO AND PHOTOGRAPHY LLC seeks the

requested relief because the Blade Chroma 1080p UA’s altimeter may be set on the ground to

zero feet AGL, rather than the local barometric pressure or field altitude, before each flight.

Considering the limited altitude of the proposed operations, relief from 14 CFR 91.121 is sought 

to the extent necessary to comply with the applicable conditions and limitations stated below. As 

more fully set forth herein, an equivalent level of safety will be maintained since the 

Blade Chroma 1080p UAS are equipped with a barometric pressure sensor and GPS equipment,

which automatically ensures that a ground level pressure setting will be established prior to each

flight, and provides the PIC with altitude information of the UA on the heads-up display of the

GCS.

4. Extent Of Relief ABOVE ALL VIDEO AND PHOTOGRAPHY LLC Seeks And The 

Reason ABOVE ALL VIDEO AND PHOTOGRAPHY LLC Seeks Relief From Section 

91.151(b).
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Relief from Section 91.151(b) entitled Fuel requirements for flight in VFR conditions, is 

requested to the extent required to allow flights of the battery powered Blade Chroma 1080p

UAS during daylight hours in visual meteorological conditions (VMC), under visual flight 

rules (VFR), for a total duration of 23 minutes. ABOVE ALL VIDEO AND 

PHOTOGRAPHY LLC seeks the requested relief because without an exemption from Section

91.151(b), the flight time duration of the battery powered Blade Chroma 1080p UAS will

severely constrain the practicality of any aerial video or still photo flight operations that

ABOVE ALL VIDEO AND PHOTOGRAPHY LLC proposes to conduct pursuant to this 

Petition.

Significantly, as set forth below, the technical specifications of the Blade Chroma 1080p UAS,

the Blade Chroma 1080p operating documents, and ABOVE ALL VIDEO AND 

PHOTOGRAPHY LLC proposed operating limitations, ensure that ABOVE ALL VIDEO AND 

PHOTOGRAPHY LLC will safely operate the battery powered Blade Chroma 1080p UAS

during daylight hours in visual meteorological conditions (VMC), under visual flight rules 

(VFR), with enough battery power to fly for a total duration of 30 minutes.

5. Extent Of Relief ABOVE ALL VIDEO AND PHOTOGRAPHY LLC Seeks And The 

Reason ABOVE ALL VIDEO AND PHOTOGRAPHY LLC Seeks Relief From Sections

91.405(a), 91.407(a)(1), 91.409(a)(1) & (a)(2), And 91.417(a) & (b).

Since Sections 91.405(a), 91.407(a)(1), 91.409(a)(1) & (a)(2), and 91.417(a) & (b) only apply to 

aircraft with an airworthiness certificate, ABOVE ALL VIDEO AND PHOTOGRAPHY LLC

requests relief from these Sections because the Blade Chroma 1080p UAS do not require

airworthiness certificates. As set forth more fully below, the Blade Chroma 1080p UAS meet the

conditions of FMRA Section 333 for operation without an airworthiness certificate. Accordingly,

ABOVE ALL VIDEO AND PHOTOGRAPHY LLC will use trained technicians to perform

maintenance, alterations, or preventive maintenance on the UAS using the methods, techniques,

and practices prescribed in the UAS operating documents (i.e., the ABOVE ALL VIDEO AND 

PHOTOGRAPHY LLC Aerial Operations Manual, Monthly Maintenance Log, and Blade 

Chroma 1080p Instruction Manual). Furthermore, ABOVE ALL VIDEO AND 

PHOTOGRAPHY LLC will document and maintain all maintenance records for the Blade 

Chroma 1080p UAS.

D. The Reasons Why Granting ABOVE ALL VIDEO AND PHOTOGRAPHY LLC

Request Would Be In The Public Interest; That Is, How It Would Benefit The Public As A

Whole.

Granting the present Petition will further the public interest by allowing ABOVE ALL VIDEO 

AND PHOTOGRAPHY LLC to safely, efficiently, and economically perform aerial video and

photography of construction sites, real estate, events and civic landscape over certain areas of the

United States.
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Additionally, use of the Blade Chroma 1080p UAS will decrease congestion of the NAS, reduce 

pollution, and provide significant benefits to the economy. Notably, the benefits of ABOVE ALL 

VIDEO AND PHOTOGRAPHY LLC proposed operation of the Blade Chroma 1080p UAS will

be realized without implicating any privacy issues.

1. The Public Will Benefit From Decreased Congestion Of The NAS.

The Blade Chroma 1080p UAS are battery powered and serve as a safe, efficient, and

economical alternative to the manned aircraft traditionally utilized to obtain aerial imagery. By

reducing the amount of manned aircraft needed to perform aerial acquisitions, an exemption

allowing the use of a Blade Chroma 1080p UAS would reduce the amount of manned aircraft in

the NAS, reduce noise and air pollution, as well as increase the safety of life and property in the

air and on the ground.

Furthermore, by reducing the number of manned aircraft operating in the NAS, congestion 

around airports caused by arriving and departing aircraft will be reduced. The Blade Chroma 

1080p UAS do not require an airport to takeoff or land. Likewise, a reduction of manned aircraft 

conducting aerial video and photography missions would result in fewer aircraft that must be 

handled by air traffic control during the ground, takeoff, departure, arrival, and landing phases of 

flight operations.

2. The Public Will Benefit From The Safety And Efficiency Of The Blade Chroma 1080p

UAS.

Conducting aerial acquisitions with the Blade Chroma 1080p UAS, instead of manned aircraft,

will greatly benefit the public by drastically reducing the levels of air and noise pollution

generated during traditional aerial video and still photography flight operations. By using

battery power and electric motors, the Blade Chroma 1080p UAS produce no air pollution, and

is the most viable environmentally conscious alternative to the cabin class, six cylinder internal

combustion engine aircraft that are typically utilized for aerial video and photography, while

burning approximately

20-30 gallons per hour of leaded aviation fuel. The Blade Chroma 1080p UAS, while reducing

the carbon footprint of aerial acquisitions, also eliminates noise pollution, as the UAS are 

propelled by battery powered electric motors, rather than an internal combustion engine.

By using the Blade Chroma 1080p UAS to perform aerial photography, the substantial risk to

life and property in the air and on the ground, which is usually associated with traditional manned 

aircraft flight operations, will be substantially reduced or completely eliminated. Aside from the

lack of flight crew members located onboard the aircraft, the Blade Chroma 1080p UAS

(weighing approximately 2.9 pounds at their maximum gross weight with diagonal

dimension of 15.7 inches, and with no fuel on board), has less physical potential for collateral

damage to life and property on the ground, and in the air, compared to the manned aircraft that
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typically conduct similar operations (weighing approximately 6,000 pounds with a wingspan of

approximately 42 feet, a length of 34 feet, and a fuel capacity of 180 gallons).

3. Performing Aerial Video and Photography Operations With The Blade Chroma 

1080p UAS Will Benefit The Economy.

In addition to being safe and efficient, the Blade Chroma 1080p UAS are also an 

economical alternative to using manned aircraft to conduct similar aerial operations. As such,

operation of the Blade Chroma 1080p UAS will allow United States based companies, like The

ABOVE ALL VIDEO AND PHOTOGRAPHY LLC, to remain competitive and contribute to

growth of the U.S. economy. Specifically, with the rising cost of aviation fuel and the

Environmental Protection Agency (“EPA”) regulatory actions phasing out leaded aviation fuels,

U.S. owned and operated companies must adopt new and alternative technology in order to

remain competitive. Operating the battery powered Blade Chroma 1080p UAS is one such

technology that not only allows companies greater operational flexibility compared to 

manned aircraft, but provides such flexibility without the high operational cost of a

traditional manned aircraft.

By operating the Blade Chroma 1080p UAS, companies such as The ABOVE ALL VIDEO 

AND PHOTOGRAPHY LLC, can remain competitive and profitable, and therefore, provide

greater job stability to employees and contractors, which will ultimately contribute to growth of

the U.S. economy. Improved financial performance of U.S. companies, through commercial use

of the Blade Chroma 1080p UAS, provides a stable workforce that increases consumer spending;

improves local, state, and federal tax revenues; and allows companies to invest in research 

and development in order to remain competitive both in the United States and abroad.

4. There Are No Privacy Issues.

Similar to the manned aerial acquisition flight operations that have been conducted for decades, 

ABOVE ALL VIDEO AND PHOTOGRAPHY LLC proposed operation of the Blade Chroma 

1080p UAS will not implicate any privacy issues. Specifically, the Blade Chroma 1080p UAS

will be operated only in compliance with operating documents (i.e., ABOVE ALL VIDEO AND 

PHOTOGRAPHY LLC Aerial Operations Manual, Monthly Maintenance Log, and Blade 

Chroma 1080p Instruction Manual) which requires property owner involvement as well as

local law enforcement notification, and in accordance with the Federal Aviation Regulations, 

including the minimum altitude requirements of 14

C.F.R. § 91.119.

E. The Reasons Why Granting The Exemption Would Not Adversely Affect Safety, Or 

How The Exemption Would Provide A Level Of Safety At Least Equal To That Provided 

By The Rule From Which ABOVE ALL VIDEO AND PHOTOGRAPHY LLC Seeks 

Exemption.

1. Reasons Why The Blade Chroma 1080p UAS Meet The Conditions Of The 

FAA Modernization and Reform Act of 2012 (FMRA) Section 333.
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In consideration of the size, weight, speed, and limited operating area associated with the 

unmanned aircraft and its operation, ABOVE ALL VIDEO AND PHOTOGRAPHY LLC’s

operation of the Blade Chroma 1080p UAS meet the conditions of FMRA Section 333, and will

not require an airworthiness certificate in accordance with 14 C.F.R. Part 21, Subpart H.

Section 333 provides authority for a UAS to operate without airworthiness certification and sets 

forth requirements for considering whether a UAS will create a hazard to users of the NAS or the 

public, or otherwise pose a threat to national security. Specifically, FMRA Section 333 states the 

following, in part:

(a) In General.--Notwithstanding any other requirement of this subtitle, and not later 

than 180 days after the date of enactment of this Act, the Secretary of Transportation 

shall determine if certain unmanned aircraft systems may operate safely in the 

national airspace system before completion of the plan and rulemaking required by 

section 332 of this Act or the guidance required by section 334 of this Act. (b) 

Assessment of Unmanned Aircraft Systems.--In making the determination under 

subsection (a), the Secretary shall determine, at a minimum--

(1) which types of unmanned aircraft systems, if any, as a result of their size, 

weight, speed, operational capability, proximity to airports and populated 

areas, and operation within visual line of sight do not create a hazard to users 

of the national airspace system or the public or pose a threat to national 

security; and

(2) whether a certificate of waiver, certificate of authorization, or 

airworthiness certification under section 44704 of title 49, United States 

Code, is required for the operation of unmanned aircraft systems identified 

under paragraph (1).

(c) Requirements for Safe Operation.--If the Secretary determines under this section 

that certain unmanned aircraft systems may operate safely in the national airspace 

system, the Secretary shall establish requirements for the safe operation of such 

aircraft systems in the national airspace system.

In seeking this exemption, ABOVE ALL VIDEO AND PHOTOGRAPHY LLC submits that the

Blade Chroma 1080p UAS can operate safely in the NAS pursuant to FMRA Section 333, as

demonstrated by: (a) the characteristics of the Blade Chroma 1080p UAS; (b) the pilot

certification requirement; and (c) the specific operating limitations.

a. The Specifications Of The Blade Chroma 1080p UAS Demonstrate Its Safe

Characteristics.

The Blade Chroma 1080p UAS does not create a hazard to users of the NAS or the public, or

otherwise pose a threat to national security considering its size, weight, speed, and operational 

capability.

i. Technical Specifications Of The Blade Chroma 1080p UAS
16

The technical specifications of the Blade Chroma 1080p UAS are set forth by the Blade Chroma 

1080p User

Manual, attached hereto as Appendix A.

ii. The Blade Chroma 1080p UAS Global Positioning Modes Enable The UAS To 

Remain Within A Defined Operational Area.

The Blade Chroma 1080p UAS may be operated in both manual and global positioning flight

modes. A complete description of the flight and navigational modes of the Blade Chroma 1080p

UAS is provided at page 1 of the Blade Chroma 1080p User Manual attached hereto as Appendix

A. The Blade Chroma 1080p UAS Are Designed For Automatic Return To Home Point

Or Hover In The Event Of Loss Of The Control Link Or Navigation.

When the Control Link is lost, the Blade Chroma 1080p UAS will remain stationary, in flight,

for 3 seconds or more. If, after 3 seconds, the Blade Chroma 1080p UAS does not reacquire

control link data from the GCS, the UAS will assume that the Control Link is lost and the will

return to the home position (i.e., failsafe mode) via GPS, and will descend to the takeoff position 

and shutdown. A complete description of the Failsafe Functions of the Blade Chroma 1080p

UAS are set forth at pages 1 through 2 of the Blade Chroma 1080p User Manual, attached 

hereto as Appendix A.

iv. The Blade Chroma 1080p GCS And Its Operation.

A complete description of the operation and specifications of the Blade Chroma 1080p GCS and

flight control software is provided at pages 1 through 2 of the Blade Chroma 1080p User

Manual. Blade Chroma 1080p User Manual is attached hereto as Appendix A.

b. Flight Operations Of Blade Chroma 1080p UAS Is Limited To The Line Of

Sight Of A Certificated Pilot in Command With A Safety Observer.

ABOVE ALL VIDEO AND PHOTOGRAPHY LLC video production staff will be the only 

persons to act as a pilot in command (PIC) of the Blade Chroma 1080p UAS. Additionally, a

safety observer will assist him at all times during flight time.

c. Flights Of Blade Chroma 1080p UAS Will Be Conducted Pursuant To Specific 

Operating Limitations.

In seeking this exemption, ABOVE ALL VIDEO AND PHOTOGRAPHY LLC proposes to 

commercially operate Blade Chroma 1080p UAS for the special purpose of conducting aerial 

video and photography over certain areas of United States, pursuant to the following specific 

operating limitations.

1. Operations authorized by this grant of exemption will be limited to the following 

aircraft described in the operating documents, rotorcraft UAS weighing less than 55 

pounds maximum gross weight: Blade Chroma 1080p Unmanned Aircraft 

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

petition to amend this grant.
17

2. UAS operations under this exemption will be limited to conducting operations for 

the purpose of aerial video and photography.

3. The UAS may not be flown at an indicated airspeed exceeding 20 knots.

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

(AGL), as indicated by the procedures specified in the operating documents unless a 

special request is made and approved by ATC. All altitudes reported to ATC must be 

in feet AGL.

5. The UAS 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.

6. The use of first person view (FPV) by the PIC or safety observer (SO) is not 

permitted.

7. All operations must utilize a safety observer (SO). The SO may be used to satisfy 

the VLOS requirement as long as the PIC always maintains VLOS capability. The SO 

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 SO can perform the functions prescribed in the operating 

documents.

8. The SO must not perform any other duties beyond assisting the PIC with seeing and 

avoiding other air traffic and other ground based obstacles/obstructions and is not 

permitted to operate the camera or other instruments.

9. The operating documents and the grant of exemption must be accessible during 

UAS operations and made available to the Administrator upon request. If a 

discrepancy exists between the conditions and limitations contained in the grant of 

exemption and the procedures outlined in the operating documents, the conditions and 

limitations contained in the grant of exemption 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 upon request. The operator must also present updated and revised

documents if it petitions for extension or amendment to the grant of exemption. If the

operator determines that any update or revision would affect the basis upon which the

FAA granted the exemption, then the operator must petition for 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.

10. Prior to each flight the PIC must inspect the UAS to ensure that it is in a condition for

safe flight. 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
18

performed and the UAS is found to be in a condition for safe flight. The Ground Control

Station must be included in the preflight inspection. All maintenance and alterations must 

be properly documented in the aircraft records.

11. 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. The PIC who conducts the functional test flight must

make an entry in the aircraft records.

12. The pre-flight inspection must account for all potential discrepancies, e.g. inoperable

components, items, or equipment, not already covered in the relevant sections of the

operating documents.

13. The operator must follow the UAS manufacturer’s aircraft/component,

maintenance, overhaul, replacement, inspection, and life limit requirements.

14. The operator must carry out its maintenance, inspections, and record

keeping requirements, in accordance with the operating documents.

Maintenance, inspection, alterations, and status of replacement/overhaul

component parts must be noted in the aircraft records, including total time in

service, description of work accomplished, and the signature of the authorized 

person returning the UAS to service.

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

Safety Bulletins.

16. The authorized person must make an entry in the aircraft record of the corrective 

action taken against discrepancies discovered between inspections.

17. The PIC must possess at least a private pilot certificate and at least a current thirdclass medical certificate.

18. The operator may not permit any PIC to operate unless the PIC meets the 

operator’s qualification criteria and demonstrates the ability to safely operate the 

UAS in a manner consistent with how the UAS will be operated under the exemption, 

including evasive and emergency maneuvers and maintaining appropriate distances from

persons, vessels, vehicles and structures. PIC qualification flight hours must be logged in

a manner consistent with 14 C.F.R. § 61.51(b). Flights for the purposes of training the 

operator’s PICs are permitted under the terms of the 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

C.F.R. § 91.119.

19. UAS operations may not be conducted during night, as defined in 14 C.F.R. § 1.1. All

operations must be conducted under visual meteorological conditions (VMC). If flight at
19

night is required, a special request will be made at the FAA office closest to proposed area

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

20. The UA may not operate within 5 nautical miles of an airport reference point as 

denoted on a current FAA-published aeronautical chart unless a letter of agreement with 

that airport’s management is obtained, and the operation is conducted in accordance with

a NOTAM as required by the operator’s COA. The letter of agreement with the airport

management must be made available to the Administrator upon request.

21. The UA may not be operated less than 400 feet below or less than 2,000 feet 

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

22. If the UA loses communications or loses its GPS signal, it must return to a predetermined location within the planned operating area and land or be recovered in 

accordance with the operating documents.

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

accordance with the operating documents.

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

weather conditions) there is enough power to fly at normal cruising speed to the intended 

landing point and land the UA with 25% battery power remaining.

25. The operator must obtain an Air Traffic Organization (ATO) issued Certificate of 

Waiver or Authorization (COA) prior to conducting any operations under the grant of 

exemption. This COA will also require the operator to request a Notice to Airman 

(NOTAM) not more than 72 hours in advance, but not less than 48 hours prior to the 

operation. All operations shall be conducted in accordance with airspace requirements in

the ATO issued COA including class of airspace, altitude level and potential 

transponder requirements.

26. All aircraft operated in accordance with the exemption must be identified by serial 

number, registered in accordance with 14 C.F.R. part 47, and have identification (NNumber) markings in accordance with 14 C.F.R. part 45, Subpart C. Markings must be

as large as practicable.

27. Before conducting operations, the radio frequency spectrum used for operation and

control of the UA must comply with the Federal Communications Commission (FCC) or

other appropriate government oversight agency requirements.

28. The documents required fewer than 14 C.F.R. 91.9 and 91.203 must be available to

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

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

official upon request.

29. The UA must remain clear and yield the right of way to all manned aviation 

operations and activities at all times.

30. The UAS may not be operated by the PIC from any moving device or vehicle.
20

31. Flight operations must be conducted at least 500 feet from all nonparticipating persons 

(persons other than the PIC, SO, operator trainees or essential 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 and/or;

b. The aircraft is operated near vessels, vehicles or structures where the 

owner/controller of such vessels, vehicles or structures has granted permission and

the PIC has made a safety assessment of the risk of operating closer to those 

objects and determined that it does not present an undue hazard, and; c. Operations

nearer to the PIC, SO, operator trainees or essential persons do not present an 

undue hazard to those persons per § 91.119(a).

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

permission from the land owner/controller or authorized representative. Permission 

from land owner/controller or authorized representative will be obtained for each 

flight to be conducted.

33. 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.

2. Reasons Why An Exemption From The Requirements Of Section 61.113(a) And (b) 

Would Not Adversely Affect Safety.

ABOVE ALL VIDEO AND PHOTOGRAPHY LLC submits that the equivalent level of safety

established by Section 61.113(a) and (b) will be maintained because no PIC will be allowed to

operate the Blade Chroma 1080p UAS unless that PIC has demonstrated, by meeting minimum

flight-hour and currency requirements, that the PIC is able to safely operate the Blade 

Chroma 1080p UAS in a manner consistent with the exemption, including evasive and

emergency maneuvers and maintaining appropriate distances from people, vessels, vehicles and

structures.

Considering ABOVE ALL VIDEO AND PHOTOGRAPHY LLC proposed area of operations,

and the operating limitations set forth-above; the parallel nature of private pilot aeronautical

knowledge requirements to those of commercial pilot requirements (See Exemption No. 11062);

and the airmanship skills necessary to safely operate the Blade Chroma 1080p UAS, ABOVE 

ALL VIDEO AND PHOTOGRAPHY LLC submits that the additional manned airmanship 

experience of a commercially certificated pilot would not correlate to the airmanship skills
21

necessary for ABOVE ALL VIDEO AND PHOTOGRAPHY LLC specific proposed flight 

operations.

The FAA has previously granted relief from Section 61.113(a) and (b) specific to UAS, in 

circumstances similar, in all material respects, to those presented herein (e.g. Exemption Nos.

11062, 11063, 11064, 11065, 11066, 11067, 11080, 11109, 11110, 11112, 11136, 11138, 11150,

11153, 11156, 11158, 11159, 11160, 11161).

ABOVE ALL VIDEO AND PHOTOGRAPHY LLC will not allow any PIC to operate the Blade 

Chroma 1080p UAS unless that PIC has demonstrated, by meeting minimum flight-hour

requirements or the Blade Chroma 1080p UAS training and currency requirements, that the PIC 

is able to safely operate the Blade Chroma 1080p UAS in a manner consistent with this

exemption, including evasive and emergency maneuvers and maintaining appropriate distances 

from people, vessels, vehicles and structures.

Specifically, the PIC must have accumulated and logged, in a manner consistent with 14 C.F.R. §

61.51(b), 25 hours of total time as a UAS rotorcraft pilot (with a minimum of 5 hours of those

hours as a UAS pilot operating the same make and model of UAS to be used for operations under 

the exemption). In addition to the hour requirements, the PIC must accomplish 3 takeoffs and 

landings in the preceding 90 days (for currency purposes).

As in Exemption Nos. 11062, 11138, and 11153, prior documented flight experience that was 

obtained in compliance with applicable regulations will ensure an equivalent level of safety 

during ABOVE ALL VIDEO AND PHOTOGRAPHY LLC proposed operations. The

Administrator has held that prior documented flight experience that was obtained in compliance 

with applicable regulations would ensure safe operations, stating as follows:

In Exemption No. 11062, the FAA required that prior to conducting operations for the 

purpose of motion picture filming (or similar operations), the PIC must have accumulated 

and logged, in a manner consistent with 14 CFR 61.51(b), 25 hours of total time as a 

UAS rotorcraft pilot including at least 10 hours logged as a UAS pilot with a multi-rotor 

UAS. Prior to operations under Exemption No. 11062, the PIC must also have 

accumulated and logged a minimum of 5 hours as a UAS pilot operating the same make 

and model of UAS to be used for operations under the exemption. For clarification, the 

FAA considers these minimum hour requirements to be inclusive rather than additive; i.e.

5 hours make and model time may be included in the 10 hours of multi-rotor time and the

10 hours may be included in the total 25 hours of UAS rotorcraft time. In addition to the 

hour requirements, the PIC must accomplish 3 takeoffs and landings in the preceding 90 

days (for currency purposes). The FAA finds that at a minimum, the flight-hour 

requirements in Exemption No. 11062 are appropriate to practice and build proficiency in 

the skills necessary to safely conduct the petitioner’s proposed operations. The FAA also 

finds that prior documented flight experience that was obtained in compliance with 

applicable regulations would satisfy this requirement. Training, proficiency, and 

experience-building flights can also be conducted under the grant of exemption to 

accomplish the required flight time. During training, proficiency, and experience-building 

flights the PIC is required to operate the UA with appropriate distances in accordance 

with 14 C.F.R 91.119.
22

Exemption No. 11138 at page 15.

Accordingly, ABOVE ALL VIDEO AND PHOTOGRAPHY LLC will ensure safe operations by

not allowing any PIC to operate the Blade Chroma 1080p UAS unless that PIC has

demonstrated, by meeting minimum flight-hour and currency requirements, that the PIC is

able to safely operate the Blade Chroma 1080p UAS in a manner consistent with the

exemption, including evasive and emergency maneuvers and maintaining appropriate distances 

from people, vessels, vehicles and structures.

3. Reasons Why An Exemption From The Requirements Of Section 91.7(a) Would Not

Adversely Affect Safety. 

The equivalent level of safety established by Section 91.7(a) will be maintained because prior to 

every flight, ABOVE ALL VIDEO AND PHOTOGRAPHY LLC will ensure that the Blade 

Chroma 1080p UAS is in an airworthy condition based upon the UAS’s compliance with its

operating documents and as stated in the conditions and limitations herein.

Additionally, the FAA has previously granted relief from Section 91.7(a) specific to UAS, in 

circumstances similar, in all material respects, to those presented herein (e.g. Exemption Nos.

11062, 11063, 11064, 11065, 11066, 11067, 11080, 11109, 11110, 11112, 11136, 11138, 11150,

11153, 11156, 11157, 11158, 11159, 11160, 11161).

4. Reasons Why An Exemption From The Requirements Of Section 91.121 Would Not

Adversely Affect Safety.

The equivalent level of safety established by Section 91.121 will be maintained because the 

altitude information of the Blade Chroma 1080p UAS will be provided to the PIC via GPS

equipment and a radio communications telemetry data link, which downlinks from the UA to the

GCS for active monitoring of the flight path and altitude. This altitude information, combined

with ABOVE ALL VIDEO AND PHOTOGRAPHY LLC operation of the Blade Chroma 1080p

UAS within visual line of sight, at or below 400 feet AGL, will ensure a level of safety 

equivalent to Section 91.121. The altitude information will be generated by GPS equipment

installed onboard the aircraft. Prior to each flight, a zero altitude initiation point is automatically

established by the UAS at ground level.

The FAA has previously granted relief from Section 91.121 specific to UAS, in circumstances 

similar, in all material respects, to those presented herein (e.g. Exemption Nos. 11062, 11063,

11064, 11065, 11066, 11067, 11080, 11109, 11112, 11136, 11138, 11150, 11153, 11156, 11157,

11158, 11159, 11160, 11161).

5. Reasons Why An Exemption From The Requirements Of Section 91.151(b) Would Not
23

Adversely Affect Safety.

A grant of this exemption would ensure an equivalent level of safety established by 14 C.F.R. 

Section 91.151(b) as a result of (1) the technical specifications of the Blade Chroma 1080p

UAS; (2) the limitations on the proposed flight operations; and (3) the location of the proposed

flight operations. Accordingly, ABOVE ALL VIDEO AND PHOTOGRAPHY LLC will ensure

that it will safely operate the battery powered Blade Chroma 1080p UAS during daylight hours

in VFR conditions, with enough battery power to fly for a total duration of 30 minutes.

Here, as in Exemption No. 11109, the technical specifications of the Blade Chroma 1080p UAS;

the limitations on the proposed flight operations; and the location of the proposed operations, will 

ensure an equivalent level of safety established by 14 C.F.R. Section 91.151(b). Furthermore, 

safety will be ensured as the Blade Chroma 1080p UAS provide audible and visual warnings to

the PIC at the GCS when the UAS experiences low battery voltage, the first warning

occurring at approximately 33% remaining battery power, and again at approximately 10%

remaining battery power. At the critically low battery level, the Blade Chroma 1080p UAS

will descend and land automatically.

Significantly, previous exemptions granted by the FAA concerning Section 91.151 establish that 

safety is not adversely affected when the technical characteristics and operating limitations of the 

UAS are considered. Relief has been granted for manned aircraft to operate at less than the 

minimums prescribed in Section 91.151, including Exemption Nos. 2689, 5745, and 10650. 

Moreover, the FAA has previously granted relief from Section 91.151 specific to UAS, in 

circumstances similar, in all material respects, to those presented herein (e.g. Exemption Nos.

8811, 10808, 10673, 11042, 11062, 11063, 11064, 11065, 11066, 11067, 11080, 11109, 11110,

11136, 11138, 11150, 11153, 11156, 11157, 11158, 11159, 11160, 11161).

6. Reasons Why An Exemption From The Requirements Of Sections

91.405(a), 91.407(a)(1), 91.409(a)(1) & (a)(2), And 91.417(a) & (b) Would Not Adversely

Affect Safety.

In seeking this exemption, ABOVE ALL VIDEO AND PHOTOGRAPHY LLC submits that the

equivalent level of safety with regard to the regulatory maintenance and alteration requirements

established by Sections 91.405(a), 91.407(a)(1), 91.409(a)(1) & (a)(2), and 91.417(a) & (b) will

be met because ABOVE ALL VIDEO AND PHOTOGRAPHY LLC will use trained technicians

to perform maintenance, alterations, or preventive maintenance on the UAS using the methods,

techniques, and practices prescribed in the operating documents (i.e., ABOVE ALL VIDEO 

AND PHOTOGRAPHY LLC Aerial Operations Manual, Monthly Maintenance Log, and Blade 

Chroma 1080p Instruction Manual). Furthermore, ABOVE ALL VIDEO AND 

PHOTOGRAPHY LLC will document and maintain all maintenance records for the Blade 

Chroma 1080p UAS.

Since the Blade Chroma 1080p UAS will be inspected as prescribed by the operating

documents, ABOVE ALL VIDEO AND PHOTOGRAPHY LLC will maintain the equivalent

level of safety established by Sections 91.405(a), 91.409(a)(1), and 91.409(a)(2). A copy of the

Blade Chroma 1080p User Manuals are attached hereto as Appendix A.
24

Likewise, the exemption sought will not adversely affect safety because ABOVE ALL VIDEO 

AND PHOTOGRAPHY LLC will use trained technicians to perform maintenance, alterations or

preventive maintenance on the UAS using the methods, techniques, and practices 

prescribed by the operating documents.

Furthermore, the exemption sought would maintain an equivalent level of safety established by 

Sections 91.407, 91.417(a) and 91.417(b), because all maintenance of the Blade Chroma 1080p

UAS will be performed by trained technicians. Maintenance will be documented and

maintained utilizing the monthly maintenance log.

Significantly, previous exemptions granted by the FAA concerning Sections 91.405(a),

91.407(a)(1), 91.409(a)(1) & (a)(2), and 91.417(a) & (b) establish that safety is not adversely 

affected when the technical characteristics and operating limitations of the UAS are considered. 

In consideration of ABOVE ALL VIDEO AND PHOTOGRAPHY LLC proposed operating

limitations, the operating documents, and the technical aspects of the Blade Chroma 1080p UAS,

ABOVE ALL VIDEO AND PHOTOGRAPHY LLC submits that safety will not be adversely 

affected by granting exemption from 14 C.F.R. Sections 91.405(a), 91.407(a)(1) and (a)(2),

91.409(a)(2), and 91.417(a) and (b). The FAA has previously granted relief specific to UAS in 

circumstances similar, in all material respects, to those presented herein (e.g. Exemption

Nos. 11062, 11063, 11064, 11065, 11066, 11067, 11080,

11109, 11110, 11112, 11136, 11138, 11150, 11153, 11156, 11157, 11158, 11159, 11160,

11161).

7. The FAA May Prescribe Any Other Conditions For Safe Operation.

In accordance with Section 333 of the FAA Modernization and Reform Act of 2012 (FMRA) 

and 14 C.F.R. § 21.16 entitled Special Conditions, ABOVE ALL VIDEO AND 

PHOTOGRAPHY LLC requests that the FAA prescribe special conditions for the intended

operation of the Blade Chroma 1080p UAS, which contain such safety standards that the

Administrator finds necessary to establish a level of safety equivalent to that established by 14

C.F.R. Part 21, Subpart H, and 14 C.F.R §§ 61.113(a)

& (b), 91.7 (a), 91.121, 91.151(b), 91.405(a), 91.407(a)(1), 91.409(a)(1) & (a)(2), and 91.417(a)

& (b). Such special conditions will permit safe operation of the UAS for the limited purpose of 

conducting aerial video and photography over certain areas of the United States for 

compensation or hire. FMRA Section 333 sets forth the requirements for considering whether a 

UAS will create a hazard to users of the NAS or the public, or otherwise pose a threat to national 

security; and further, provides the authority for such UAS to operate without airworthiness 

certification in accordance with any requirements that must be established for the safe operation 

of the UAS in the NAS.

Likewise, the Administrator may prescribe special conditions pursuant to 14 C.F.R.

§ 21.16, for operation of the Blade Chroma 1080p UAS, since the airworthiness regulations

of 14 C.F.R. Part 21 do not contain adequate or appropriate safety standards, due to the

novel or unusual design features of the aircraft. Section 21.16, entitled Special Conditions, states

the following:
25

If the FAA finds that the airworthiness regulations of this subchapter do not contain 

adequate or appropriate safety standards for an aircraft, aircraft engine, or propeller 

because of a novel or unusual design feature of the aircraft, aircraft engine or propeller, 

he prescribes special conditions and amendments thereto for the product. The special 

conditions are issued in accordance with Part 11 of this chapter and contain such safety 

standards for the aircraft, aircraft engine or propeller as the FAA finds necessary to 

establish a level of safety equivalent to that established in the regulations.

See 14 C.F.R. § 21.16.

Therefore, in accordance with FMRA Section 333 and 14 C.F.R. § 21.16, the FAA may 

prescribe special conditions for Leading Edge’s intended operation of the Blade Chroma 1080p

UAS, which contain such safety standards that the Administrator finds necessary to establish a

level of safety equivalent to that established by 14 C.F.R. Part 21, Subpart H, and 14 C.F.R

Sections 61.113(a) & (b), 91.7(a), 91.121, 91.151(b), 91.405(a), 91.407(a)(1), 91.409(a)(1) &

(a)(2), and

91.417(a) & (b).

• A Summary That Can Be Published In The Federal Register, stating: The

Rules From Which ABOVE ALL VIDEO AND PHOTOGRAPHY LLC Seeks Exemption:

ABOVE ALL VIDEO AND PHOTOGRAPHY LLC seeks exemption from the 

requirements of 14 C.F.R Sections 61.113(a)&(b), 91.7(a), 91.121, 91.151(b), 

91.405(a), 91.407(a)(1), 91.409(a)(1) & (a)(2), and 91.417(a) & (b).

A Brief Description Of The Nature Of The Exemption ABOVE ALL VIDEO AND 

PHOTOGRAPHY LLC Seeks:

This exemption will permit ABOVE ALL VIDEO AND PHOTOGRAPHY LLC to

commercially operate an Unmanned Aircraft System (UAS) for the purpose of conducting

aerial video and photography over certain areas of the United States.

• Any Additional Information, Views, Or Arguments Available To Support

ABOVE ALL VIDEO AND PHOTOGRAPHY LLC Request.

This Petition is made pursuant to the FAA Modernization and Reform Act of 2012 (FMRA)

Section 333, which directs the Secretary of Transportation to determine if certain UAS

may operate safely in the NAS. As such, ABOVE ALL VIDEO AND PHOTOGRAPHY LLC

request for exemption may be granted pursuant to the authority of FMRA Section 333 and 14

C.F.R. Part 11, as set forth above.

FMRA Section 333 sets forth the requirements for considering whether a UAS will create a 

hazard to users of the NAS or the public, or otherwise pose a threat to national security; and 

further, provides the authority for such UAS to operate without airworthiness certification.
26

As discussed in detail above, ABOVE ALL VIDEO AND PHOTOGRAPHY LLC will operate

the Blade Chroma 1080p UAS safely in the NAS, without creating a hazard to users of the

NAS, or the public, or otherwise pose a threat to national security.

CONCLUSION

As set forth herein, ABOVE ALL VIDEO AND PHOTOGRAPHY LLC seeks an exemption

pursuant to 14 C.F.R. §11.61 and Section 333 of the FAA Modernization and Reform Act of

2012 (FMRA), which will permit safe operation of the Blade Chroma 1080p UAS commercially,

without an airworthiness certificate, for the limited purpose of conducting aerial video and

photography over certain areas of the United States. By granting this Petition, the FAA

Administrator will be fulfilling the Congressional mandate of the FAA Modernization and 

Reform Act of 2012, while also advancing the interests of the public, by allowing ABOVE 

ALL VIDEO AND PHOTOGRAPHY LLC to safely, efficiently, and economically operate the

Blade Chroma 1080p UAS commercially within the NAS. WHEREFORE, in accordance with

the Federal Aviation Regulations and the FAA Modernization and Reform Act of 2012, Section

333, ABOVE ALL VIDEO AND PHOTOGRAPHY LLC respectfully requests that the

Administrator grant this Petition for an exemption from the requirements of 14

C.F.R Sections 61.113(a) & (b), 91.7(a), 91.121, 91.151(b), 91.405(a), 91.407(a)(1),

91.409(a)(1) & (a)(2), and 91.417(a) & (b), and permit ABOVE ALL VIDEO AND 

PHOTOGRAPHY LLC. to operate the Blade Chroma 1080p UAS commercially for the purpose

of conducting aerial video and photography over certain areas of the United States.

Dated: March 1, 2016

Respectfully submitted,

Matthew Buckner

President

ABOVE ALL VIDEO AND PHOTOGRAPHY LLC 

1802 Big Bottom Hollow Rd.

Charleston, WV 25311

304-925-7420

aboveallvideoandphoto@gmail.com

Appendices:

A – Link to Blade Chroma 1080p Manual: Click on link below:

http://www.horizonhobby.com/pdf/BLH8665-manual-EN.pdf
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