1 UNITED STATES OF AMERI CA DEPARTMENT OF TRANSPORTATION FEDERAL AVIATION ADMINISTRATION

WASHI NGTON, D.C.

**IN THE MATTER OF THE PETITION FOR EXEMPTION OF:**

**A BOVE IT**  **A LL**  **, LLC FOR AN EXEMPTION SEEKING RELIEF 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**  **DJI PHANTOM 2 VISION PLUS AND DJI PHANTOM 3**  **UNMANNED AIRCRAFT SYSTEMS**  **P URSUANT TO SECTION 333 OF**  **THE FAA MODERNIZATION AND REFORM ACT OF 2012**

**(PUBLIC LAW 112**
**- 95)** 

Submitted on June 5 , 2015 Above It All, LL C Lawrence M. Tray lor, Jr. (owner/operator) 10002 Dulaney

Court Richmond, VA 23233

- 2047 Home Tel: ( 804 ) 3 46

- 3806 Cell: (804) 517

- 59162 **TABLE OF CONTENTS** Page
GLOSSARY OF ABBREVIATIONS...................................................................................3
SUMMARY....................................................................................... ....................................4
IN TRODUCTION AND INTERESTS OF PETITIONER....................................................4
BACKGROUND.............................................................................................................. ......4
BASI S FOR PETITION......................................................................................................... 4
NAME AND ADDRESS OF PETITIONER............................................................. 6
THE SPECI FI C SECTIONS OF 14 C.F.R. FROM WHI CH ABOVE IT ALL, LLC, SEEKS EXEMPTI ON...................................

.............................. .............................. 6
THE EXTENT OF RELIEF ABOVE IT ALL, LLC, SEEKS AND THE REASON ABOVE IT ALL, LLC , SEEKS THE RELIEF...

..................... ........................ .9
THE REASONS WHY GRANTING ABOVE IT ALL, LLC, REQUEST WOUL D BE IN THE PUBLIC IN TEREST .........

... .... ................... .............................1 1
THE REASONS WHY GRANTING THE EXEMPTI ON WOULD NOT ADVERSEL Y AFFECT S AFETY................

.......... ................................................1 3
SUMMARY THAT CAN BE PUBLISHED IN THE FEDERAL REGI STER...... 23 ANY ADDITIONAL INFORMATION, VIEWS, OR ARGUMENTS AVAILABLE TO SUPPORT CI

NEMACAPTURE VI DEOGRAPHY’S REQUEST........

....................................................................................................... 2 3
CONCLUSION...................................................................................................................

. 24
APPENDI CES...........................

............................................. . ................ 243 **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 Sy stem LOL Loss of Link NAS National Airspace Sy stem PI C Pilot In Command Section 333 FAA Modernization and Reform Act of 2012 (FMRA) Section 333 SO Safety Observer SOP Standard Operating Procedures UA Unmanned Aircraft UAS Unmanned Aircraft Sy stem VFR Visual Flight Rules VLOS Visual L ine of Site VMC Visual Meteorological Conditions VTOL Vertical Takeoff and Landing4 **SUMMARY** Above It All, LL C, seek s 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 Airc raft S ys tem pursuant to Section 333 of the FAA Modernization and Reform Act of 2012 (FMRA). This exemption will permit me to operate an Unmanned Aircraft Sy stem (UAS) for the commercial purpose of conducting aerial video and photography for Virginia Department of Corrections security operations , real estate photography , and special events over certain areas of the United States.

**INTRODUCTION AND INTERESTS OF THE PETITIONER** Above It All, LL C, provide s clients with expertise and knowledge in advanced technologies and solutions to increase efficiency , productivity and effectiveness. Above It All, LLC, also provides clients with the highest qualit y digital content for use in their commercial, personal, an d non

- profit multimedia projects. Petitioner ha s over 20 ye ars of professional experience in public/media relations and videography and photography

. Petitioner ha s over 2 ye ar s of recreational/hobby experience in all aspects of aerial video and photography

. Petitioner objective in aerial video and photograph y operations is to provide high quality imaging for a variet y of state government, commercial, public, and residential uses, specifically targeting:

 Virginia Department of Corrections (VADOC)

– aerial video of state prison facilities for securit y and architectural purposes.

 Real Estate Photograph y
 In crease public knowledge of UAS and promote safe UAS operations.
**BACKGROUND** Unmanned Aircraft Sy stems: DJIPhantom 2 Vision Plus and DJIPhantom 3 Above It All, LL C, seek s an exemption to operate DJIs ys tems for compensation or hire within the NAS. The DJ I Phantom 2 Vision Plus and DJIPhantom 3 are vertical takeoff and landing (VTOL) Unmanned Aircraft (UA) with a Ground Control Station (GCS) util izing electronic tablet or smart phone sy stems. The DJ I Phantom 2 Vision Plus and DJIPhantom 3 have a maximum gross weight of approximately 1280 gram, while having a length of 16 inches width of 16 inches, height of 8 inches, and a maximum speed of approx imately 29 knots. The DJIPhantom 2 Vision Plus and DJ I Phantom 3 UAs are equipped with four main rotors; driven by L ithium Poly

mer battery

powered electric motors. The DJ I Phantom 2 Vision Plus and DJIPhantom 3 UAs that will be operated by Above It All, 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** Petiti oner, Above It All, 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 , hereb y petitions the Admi nistrator to commercially operate the DJ I Phantom 2 Vision Plus and DJIPhantom 3 UASs in the National Airspace Sy stem (NAS), and for an exemption from the requirements of 14 C.F.R5

§§ 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 ItAll, LLC, will meet 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. Accordingl y, Above It All, LL C, request s 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 onl y apply to aircraft with an airworthiness certificate. Above I t All, LL C, submit s that the requested relief is proper since an equivalent level of safet y will be ensured. Petitioner will use his experience to perform maintenance, alterations, or preventive maintenance on the UASs using the methods, techniques, and practices prescribed in the operating documents (i.e., Monthly Maintenance Log, and DJ I Phantom 2 Vision Plus and DJIPhantom 3 Instruction Manual). Furthermore, Petitioner will document and maintain all maintenance records for the DJ I Phantom 2 Vision Plus and DJIPhantom 3 UASs. Relief from certain requirements of Section 61.113(a) and (b), entitled Private pilot privileges and limitations: Pilot in command , is requested by Above It All, LLC, to the extent necessary to allow a Pilot in Command (PI C) by meeting minimum flight

- hour and currency requirements, that the PIC is able to safel y operate the DJ I Phantom 2 Vision Plus and DJI Phantom 3 UASs in a manner consistent with this exemption, including evasive and emergency maneuvers and maintaining appropriate distances from people, vessels, vehicles and structures. Above It All, LL C, seek s relief fro m Section 91.7(a), entitled Civil aircraft airworthiness , because the DJ I Phantom 2 Vision Plus and DJIPhantom 3 UASs do not require an airworthiness certificate in accordance with 14 C.F.R. Part 21, Subpart H. As such, Above It All, LLC will ensure that the 3 UASs are in an airworthy condition, prior to every

flight, by determining that the UASs are in compliance with the operating documents (i.e., Monthly Maintenance Lo g, and DJIPhantom 2 Vision Plus and DJ I Phantom 3 Instruction Manual), and that the a ircraft are in a condition for safe flight. Above It All, LL C, also seek s an exemption from the requirements of Section 91.121, entitled Altimeter Settings , as the DJ I Phantom 2 Vision Plus and DJIPhantom 3 UAs will not have a t ypical barometric altimete r onboard. However, altitude information of the DJ I Phantom 2 Vision Plus and DJIPhantom 3 UAs will be provided to the PI C via Global Positioning Sy stem (GPS) equipment and radio communications telemetry data link, which downlinks from the UA to the GCS f

or active monitoring of the flight path. This altitude information, combined with my operation of the DJ I Phantom 2 Vision Plus and DJIPhantom 3 UASs within visual line of sight, at or below 400 feet AGL, will ensure a level of safet y equivalent to Sectio n 91.121. Additionally , Above It All, LL C, seeks an exemption from the requirements of Section 91.151(b), entitled Fuel requirements for flight in VFR conditions

. Above It All, LL C, submit s that safet y will not be affected b y operation of the DJIPhantom 2 Vision Plus and DJ I Phantom 3 UAs during day light hours in visual meteorological conditions (VMC) under visual flight rules (VFR), with enough battery power to fl y for a total duration of approximately 15 minutes to the first point of intended landing an d, assuming normal cruising speed, to fl y after that for at least 4.5 minutes. In accordance with 14 C.F.R. § 11.81, Above It All, LL C, provides the following information in support of its petition for exemption:6

**A. Name And Address Of The Petitioner**  **:** Above It All, LL C Lawrence M. Tray lor, Jr. (owner/operator) 10002 Dulaney

Court Richmond, VA 23233

- 2047 Tel: ( 804 ) 346

- 3806 Cell: (804) 517

- 5916 Email: tray lorlm@verizon

. net **B. The Specific Sections Of 14 C.F.R. from Which Above It All, LLC,**  **S eeks Exemption.** 
**1. Above It All, LLC,**  **Seek s**  **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 (PI C) of an aircraft that is carry ing passengers or property for compensation or hire; nor may that person, for compensation or hire, act as PI C of an aircraft. (b) A p rivate pilot may , for compensation or hire, act as PIC of an aircraft in connection with any business or employ

ment if

— (1) The flight is only

incidental to that business or employ ment; and (2) The aircraft does not carry passengers or property

for compe nsation or hire.
**2. Above It All, LLC,**  **Seek s**  **Exemption From The Requirements Of Section 91.7(a).** Section 91.7, entitled Civil A ircraft A irworthiness , subsection (a), states the following: (a) No person may

operate a civil aircraft unless it is in an airworth y condition. **3. Above It All, LLC,**  **Seek s**  **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; or7 (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.
**4. Above It All, LLC,**  **Seek s**  **Exemption From The Requirements Of Section 91.151(b).**  Secti on 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 It All, LLC,**  **Seek s**  **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 insp ected 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 It All, LLC,**  **Seek s**  **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 maintenan ce, preventive maintenance, rebuilding, or alteration unless

-- (1) It has been approved for return to service b y a person authorized under § 43.7 of this chapter.
**7. Above It All, LLC,**  **Seek s**  **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

--8 (1) An annual inspection in accordance with part 43 of this chapter and has been approved for return to service b y 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.
**8. Above It All, LLC,**  **Seek s**  **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 follow ing 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 b y the inspe ction 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 revisio n date. If the AD or safet y directive involves recurring action, the time and date when the next action is required.9 (vi) Copies of the forms prescribed b y § 43.9(d) of this chapter for each major alteration to the airframe and currently installed engines , rotors, propellers, and appliances. (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 b y oth er work or for 1 y ear 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 o r 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 It All, LLC,**  **Seek s**  **And The Reason Above It All, LLC,**  **Seek s**  **The Relief.**
**1 . Extent**  **Of Relief Above It All, LLC,**  **Seek s**  **And The Reason Above It All, LLC,**  **Seek s**  **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. Further:

 Petitioner has previous flight training through a certified flight instructor but due to lack of funds, flight training ended.

 Petitioner has also f

lown on numerous occasions with his father who was a licensed pilot.

 As a full

- time employ ee of the Virginia Department of Corrections (VADOC), petitioner recently

flew with the Virginia State Police Aviation Unit under agreement with the VADOC to gather aerial video of VADOC prison facilities for public s afet y purposes. Through this agreement , petitioner was continuously made aware of flight safety regulations by

State Police Aviation Unit pilots

. This agreement ended in the fall of 2014 due to state budget cuts to both agencies. VADOC has hired petitio ner to continue gathering aerial video and petitioner seeks relief to continue this project for the V ADOC

. 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, ac t as PIC of an aircraft in connection with any10

business or employ

ment if: (1) The flight is only incidental to that business or employ ment; and (2) The aircraft does not carry passengers or property

for compensation or hire. As set forth more full y below, Above It All, LLC, submit s that an equivalent level of safet y will be maintained because no PIC will be allowed to operate the DJ I Phantom 2 Vision Plus and DJIPhantom 3 UAS except for the petitioner

. Further, Above It All, LLC submit s that all flights of the DJ I Phantom 2 Vision Plus and DJIPhantom 3 UASs, conducted by the PI C pursuant to the grant of this Petition: (1) will be incidental to petitioner and (2) will not carry passengers or propert y for compensation or hire. **2. Extent Of Relief**  **Above It All, LLC, Seek**  **s And The Reason**  **Above It All, LLC, Seek**  **s 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 It All, LLC, to determine that the DJ I Phantom 2 Vision Plus and DJI Phantom 2 Vision Plus and DJIPhantom 3 UASs are in airworthy condition prior to every

flight by ensuring that the UAS is in compliance with the operating documents (i.e., Operations Manual, Monthly

M aintenance Log, and DJ I Phantom 2 Vision Plus and DJIPhantom 3 Instruction Manual). Above It All, LL C, seek s the requested relief because the DJ I Phantom 2 Vision Plus and DJIPhantom 3 UASs do not require an airworthiness certificate in accordance with 14 C.F.R. Part 21, Subpart H. Therefore, Above It All, LLC, will ensure that the DJ I Phantom 2 Vision Plus and DJIPhantom 3 UASs are in airworth y condition based upon its compliance with the operating documents (i.e., Monthly Maintenance Log, and DJ I Phan tom 2 Vision Plus and DJ I Phantom 3 In struction Manual) 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 It All, LLC,**  **Seek s**  **And T he Reason**  **Above It All, LLC, Seek**  **s Relief From Section 91.121.**  Relief from Section 91.121, entitled Altimeter settings , may be required to allow flight operations of the DJ I Phantom 2 Vision Plus and DJIPhantom 2 Vision Plus and DJ I Phantom 3 UASs, 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 informatio n concerning UAS operations be reported to air traffic control (ATC) in feet above ground level (AGL), Above It All, LLC, seek s the requested relief because the DJIPhantom 2 Vision Plus and DJ I Phantom 3 UA’s altimeter may

be set on the ground to zero fee t 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 l imitations stated below. As more full y set forth herein, an equivalent level of safet y will be maintained since the DJIPhantom 2 Vision Plus and DJ I Phantom 3 UAs are equipped with a barometric pressure sensor and GPS equipment, which automatically ensure s that a ground level pressure setting will be established prior to each flight, and provides the PI C with altitude information of the UA on the heads

- up display

of the GCS.11

**4. Extent Of Relief Above It All, LLC,**  **Seek s**  **And The Reason Above It All, LLC,**  **S eek**  **s Relief From Section 91.151(b).**  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 DJ I Phantom 2 Vision Plus and DJIPhantom 3 UAs during day light hours in visual meteorological conditions (VMC), under visual flight rules (VFR), for a total duration of 15 minutes to the first point of intended landing and, assuming normal cruising speed, to fly after that for at least 4.5 minutes. Above I t A ll, LLC, seek s the requested relief because without an exemption from Section 91.151(b), the flight time duration of the battery powered DJ I Phantom 2 Vision Plus and DJIPhantom 3 UAs will severel y constrain the practicality of an y aerial video or still p hoto flight operations that Above It All, LL C, proposes to conduct pursuant to this Petition. Significantl y, as set forth below, the technical specifications of the DJ I Phantom 2 Vision Plus and DJIPhantom 3 UASs, the DJ I Phantom 2 Vision Plus and DJIPh antom 3 operating documents, and Above It All, LLC, proposed operating limitations, ensure that Above It All, LLC, will safel y operate the battery powered DJ I Phantom 2 Vision Plus and DJIPhantom 3 UAs during day light hours in visual meteorological conditions (VMC), under visual flight rules (VFR), with enough battery power to fl y for a total duration of 13.5 minutes to the first point of intended landing and, assuming normal cruising speed, to fl y after that for at least 4.5 minutes.
**5. Extent Of Relief Above It All, LLC,**  **Seek s**  **And The Reason Above It All, LLC,**  **Seek s**  **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), 9 1.409(a)(1) & (a)(2), and 91.417(a) & (b) onl y apply to aircraft with an airworthiness certificate, Above It All, LL C, request s relief from these Sections because the DJ I Phantom 2 Vision Plus and DJIPhantom 3 UASs do not require airworthiness certificate s. As set forth more full y below, the DJ I Phantom 2 Vision Plus and DJI Phantom 3 UASs meet the conditions of FMRA Section 333 for operation without an airworthiness certificate. Accordingl y , Above It All, LL C, will perform maintenance, alterations, or preventive maintenance on the UASs using the methods, techniques, and practices prescribed in the UAS operating documents (i.e., the Operations Manual, Monthly Maintenance Log, and DJIPhantom 2 Vision Plus and DJ I Phantom 3 In struction Manual). Furthermore, Above It All, LLC, will document and maintain all maintenance records for the DJ I Phantom 2 Vision Plus and DJ I Phantom 3 UASs. **D. The Reasons Why Granting Above It All, LLC**  **’s 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 b y allowing Above I t All, LLC, t o safely , efficiently , and economically perform aerial video and photograph y for Virginia Department of Corrections (VADOC) securit y operations, real estate photograph y, and special events over certain areas of the United States. Specificall y:

 Petitioner is a retired (16 year) employ ee of the VADOC and Above ItAll, LLC, has been recently

hired for the purposes of obtaining photographs of all VADOC maintained prison facilities. The photograph y will be maintained b y VADOC12 securit y management team for public safet y purposes which is of public interest. Additionally , use of the DJIPhantom 2 Vision Plus and DJ I Phantom 3 UASs will decrease congestion of the NAS, reduce pollution, and provide significant benefits to the econom y. Notabl y, the benefits of Above It All, LLC, proposed operation of the DJ I Ph antom 2 Vision Plus and DJIPhantom 3 UASs will be realized without implicating any privacy issues. **1. The Public Will Benefit From Decreased Congestion Of The NAS.** The DJ I Phantom 2 Vision Plus and DJIPhantom 3 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 DJIPhantom 2 Vision Plu s and DJ I Phantom 3 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 propert y in the air and on the ground. Furthermore, b y reducing the number of manned aircraft operati ng in the NAS, congestion around airports caused b y arriving and departing aircraft will be reduced. The DJ I Phantom 2 Vision Plus and DJIPhantom 3 UAs do not require an airport to takeoff or land. Likewise, a reduction of manned aircraft conducting aeria l 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**  **DJI Phantom 2 Vision Plus and DJI Phantom 3**  **UASs.** Conducting aerial acquisitions with the DJIPhantom 2 Vision Plus and DJ I Phantom 3 UASs, instead of manned aircraft, will greatl y 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 DJ I Phantom 2 Vision Plus and DJIPhantom 3 UASs produce no air pollution, and is the most viable environmentally conscious alternative to the cabin class, six cylinder internal combustion engine aircraft that are t ypicall y utilized for aerial video an d photograph y, while burning approximately 20

- 30 gallons per hour of leaded aviation fuel. The DJIPhantom 2 Vision Plus and DJ I Phantom 3 UAs, while reducing the carbon footprint of aerial acquisitions, also eliminates noise pollution, as the UAs are prop elled b y batter y powered electric motors, rather than an internal combustion engine. By using the DJ I Phantom 2 Vision Plus and DJ I Phantom 3 UASs to perform aerial acquisitions, the substantial risk to life and property in the air and on the ground, whic h is usually associated with traditional manned aircraft flight operations, will be substantially reduced or completel y eliminated. Aside from the lack of flight crew members located onboard the aircraft, the DJ I Phantom 2 Vision Plus and DJIPhantom 3 UAs (weighing approximately 2 pounds 11 ounces, at maximum gross weights with lengths of 16 inches, widths of 16 inches, and with no fuel on board), has less phy sical potential for collateral damage to life and propert y on the ground, and in the air, compared to the manned aircraft that ty picall y 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).13

**3. Performing Aerial Video and Photography Operations With The DJI Phantom 2**  **Vision Plus and DJI Phantom 3 UASs Will Benefit The Economy.**  In addition to being safe and efficient, the DJ I Phantom 2 Vision Plus and DJIPhantom 3 UASs are also an economical alternative to using manned aircraft to conduct similar aerial operations. As such, operation of the DJ I Phantom 2 Vision Plus and DJIPhantom 3 UASs will allow United States based companies, like Above It All, LLC, to remain competitive and contribute to growth of the U.S. econom y. 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 technolo gy in order to remain competitive. Operating the battery powered D JIPhantom 2 Vision Plus and DJIPhantom 3 UASs is one such technology that not only

allows companies greater operational flexibility compared to manned aircraft, but provides such flexibili ty without the high operational cost of a traditional manned aircraft. By operating the DJ I Phantom 2 Vision Plus and DJIPhantom 3 UASs, companies such as Above It All, LLC, can remain competitive and profitable, and therefore, provide greater job stabil ity to employ ees and contractors, which will ultimately contribute to growth of the U.S. econom y. Improved financial performance of U.S. companies, through commercial use of the DJIPhantom 2 Vision Plus and DJ I Phantom 3 UASs, 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 It All, LLC, proposed operation of the DJ I Phantom 2 Vision Plus and DJI Phantom 3 UASs will not implicate any privacy issues. Specificall y, the DJI Phantom 2 Vision Plus and DJIPhantom 3 UASs will be operated only in compliance with operating documents (i.e., the Operations Manual, Monthly Maintenance L og, and DJ I Phantom 2 Vision Plus and DJI Phantom 2 Vision Plus and DJIPhant om 3 Instruction Manual) which requires propert y 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 W hy 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 I Seek Exemption.**  **1. Reasons Why The DJI Phantom 2 Vision Plus and DJI Phantom 3**  **UAs Meet The**  **Conditions Of The FAA Modernization and Reform Act of 2012 (FMRA) Section 333.**  In consideration of the size, weight, speed, and limited operating area associated with the unmanned aircraft and its operation, my operation of the DJ I Phantom 2 Vis ion Plus and DJI Phantom 3 UASs 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.14

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.

--Notwith standing 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 be fore 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 determi ne, 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 Sa

fe 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 natio nal airspace system. In seeking this exemption, Above It All, LL C, submit s that the DJIPhantom 2 Vision Plus and DJIPhantom 3 UASs can operate safel y in the NAS pursuant to FMRA Section 333, as demonstrated b y: (a) the characteristics of the DJ I Phanto m 2 Vision Plus and DJIPhantom 3 UASs; (b) the pilot certification requirement; and (c) the specific operating limitations.

**a. The Specifications Of The DJI Phantom 2 Vision Plus and DJI Phantom 3**  **UASs Demonstrate Its Safe Characteristics.** The DJ I Phan tom 2 Vision Plus and DJIPhantom 3 UASs do not create a hazard to users of the NAS or the public, or otherwise pose a threat to national securit y considering its size, weight, speed, and operational capability

.

**i. Technical Specifications Of The DJI Pha**  **ntom 2 Vision Plus and DJI Phantom 3**  **UASs.** The technical specifications of the DJ I Phantom 2 Vision Plus and DJIPhantom 3 UASs are set forth b y the DJ I Phantom 2 Vision Plus and DJIPhantom 3 Specifications and Data Sheet.15 **ii. The DJI Phantom 2 Vision**  **Plus and DJI Phantom 3 UASs Autonomous**  **Flight And Navigation Modes Enable The UASs To Remain Within A Defined Operational Area.**  The DJ I Phantom 2 Vision Plus and DJIPhantom 3 UASs may be operated in both manual and full y autonomous flight modes. A compl ete description of the flight and navigational modes of the DJ I Phantom 2 Vision Plus and DJ I Phantom 3 UASs is available on

- line at DJ I Phantom 2 Vision Plus User Manual and DJ I Phantom 3 User Manual

.

**iii. The DJI Phantom 2 Vision Plus and DJI Phantom 3**  **UASs Are Designed For Automatic Return To Home Point Or Hover In The Event Of Loss**  **Of The Control Link Or Navigation.** When the Control L ink is lost, the DJIPhantom 2 Vision Plus and DJIPhantom 3 UAs will remain stationary , in flight, for 3 seconds or more. If, after 3 seconds, the DJ I Phantom 2 Vision Plus and DJIPhantom 3 UAs do not reacquire control link data from the GCS, the UAs will assume that the Control L ink is lost and the UAs will return to the home position (i.e., failsafe mode) via GPS, an d will descend to the takeoff position and shutdown. A complete description of the Failsafe Functions of the DJ I Phantom 2 Vision Plus and DJIPhantom 3 UASs is available on

- line at DJ I Phantom 2 Vision Plus User Manual and DJ I Phantom 3 User Manual

.

**a. F lights Of**  **DJI Phantom 2 Vision Plus and DJI Phantom 3 UASs Will Be**  **Conducted Pursuant To Specific Operating Limitations.** In seeking this exemption, Above It All, LL C, propose s to commerciall y operate DJ I Phantom 2 Vision Plus and DJIPhantom 3 UASs for the purpose of conducting aerial video and photograph y 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 i n the operating documents, rotorcraft UASs weighing less than 55 pounds maximum gross weight: DJ I Phantom 2 Vision Plus and DJ I Phantom 3 Unmanned Aircraft Sy stems. Proposed operations of any other aircraft will require a new petition or a petition to amen d this grant. 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 b y t he procedures specified in the operating documents unless a special request is made and approved b y ATC. All altitudes reported to ATC must be in feet AGL.16

5. The UAs must be operated within visual line of sight (VLOS) of the PI C at all times. This requires the PIC to be able to use human vision unaided b y an y device other than corrective lenses, as specified on the PI C’s FAA

- issued airman medical certificate. 6. The use of first person view (FPV) b y the PI C or safet y observer (SO) is not permitted. 7. All operations must utilize a safet y observer (SO). The SO may be used to satisfy the VLOS requirement as long as the PIC alway s maintains VL OS capability . The SO and PI C must be able to communicate verbally at all times. Electronic messaging or texting is not permitted during flight operations. The PI C must be designated before the flight and cannot transfer his or her designation for the duratio n of the flight. The PI C must ensure that the SO can perform the functions prescribed in the operating documents. 8. The SO must not perform any other duties bey ond assisting the PI C with seeing and avoiding other air traffic and other ground based obsta cles/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 exist s 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 ope rator must follow the procedures as outlined in its operating documents. The operator may

update or revise its operating documents. I t is the operator’s responsibility

to track such revisions and present updated and revised documents to the Administrator u

pon request. The operator must also present updated and revised documents if it petitions for extension or amendment to the grant of exemption. I f the operator determines that any update or revision would affect the basis upon which the FAA granted the exe mption, 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 PI C mus t 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 performed and the UA S 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 a lterations that affect the UAS operation or flight characteristics, e.g. replacement of a flight critical component, must undergo a functional test flight. The PI C who conducts the functional test flight must make an entry

in the aircraft records. 12. Th e pre - flight inspection must account for all potential discrepancies, e.g. inoperable components, items, or equipment, not alread y covered in the relevant sections of the operating documents.17

13. The operator must follow the UAS manufacturer’s aircraft/co mponent, 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, alte rations, 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 UASs operated under this exemption must comply with all manufacturer Safet y 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 operator may

not permit any

PIC to operate unless the PI C meets the operator’s qualification criteria and demonstrates the ability to safel y operate the UAS in a manner consistent with how the UAS will be operated under the exemption, including evasiv e 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 operato r’s PICs are permitted under the terms of the exemption. However, training operations may onl y 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.
1 8 . UAS operations may

not be conducted during night, as defined in 14 C.F.R. § 1.1. All operations must b e conducted under visual meteorological conditions (VMC). If flight at 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. 19 . Th e 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 b y the operator’s COA. The letter of agreement with the airport management must be made available to the Administrator upon request. 2 0 . 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 PI C. 2 1 . If the UA loses communications or loses its GPS signal, it must return to a pre

det ermined location within the planned operating area and land or be recovered in accordance with the operating documents.18

2 2 . The PI C must abort the flight in the event of unpredicted obstacles or emergencies in accordance with the operating documents. 2 3 . The PI C is prohibited from beginning a flight unless (considering wind and forecast weather conditions) there is enough power to fl y at normal cruising speed to the intended landing point and land the UA with 25% battery power remaining. 2 4 . The operator must obtain an Air Traffic Organization (ATO) issued Certificate of Waiver or Authorization (COA) prior to conducting an y operations under the grant of exemption. This COA will also require the operator to request a Notice to Airman (NOTAM) not more th an 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. 2 5 . 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 (N

Number) markings in accordance with 14 C.F.R. part 45, Subpart C. Markings must b e as large as practicable. 2 6 . 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. 2 7 . The documents required fewer than 14 C.F.R. 91.9 and 91.203 must be available to the PI C 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 offici al upon request. 2 8 . The UA must remain clear and yi eld the right of way to all manned aviation operations and activities at all times. 29 . The UAS may

not be operated b y the PIC from any moving device or vehicle. 3 0 . Flight operations must be conducted at least 500 feet from all nonparticipating persons (persons other than the PI C, SO, operator trainees or essential persons), vessels, vehicles, and structures unless: a. Barriers or structures are present that suffi ciently 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 PI C has made a safet y assessment of the risk of operating closer to those objects and determined that it does not present an undue hazard, and;19 c. Operations nearer to the PI C, SO, operator trainees or essential persons do not present an undue hazard to those pe rsons per § 91.119(a). 3 1 . 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 b e obtained for each flight to be conducted. 3 2 . Any incident, accident, or flight operation that transgresses the lateral or vertical boundaries of the operational area as defined b y t he 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 Safet y 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 It All, LL C, submit s that the equivalent level of safet y established by Section 61.113(a) and (b) will be maintained because no PIC will be allowed to operate the DJ I Phantom 2 Vision Plus and DJIPhantom 3 UASs except Above I t All, LLC, and that PI C has demonstrated, b y meeting minimum flight

- hour and currency requirements, that the PI C is able to safel y operate the DJ I Phantom 2 Vision Plus and DJIPhantom 3 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 It All, LLC’s, 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 safel y operate the DJIPhantom 2 Vision Plus and DJ I Phantom 3 UAS, Above It All, LL C, submit s that the additional manned airmanship experience of a commerciall y certificated pilot would not correlate to the airmanship skills necessary for Above It All, LLC ’s , 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, 1 1136, 11138, 11150, 11153, 11156, 11158, 11159, 11160, 11161). Above It All, LL C, will not allow any PIC to operate the DJ I Phantom 2 Vision Plus and DJIPhantom 3 UAS except petitioner and that PIC has demonstrated, by meeting minimum flight

- hour require ments or the DJ I Phantom 2 Vision Plus and DJIPhantom 3 UAS training and currency requirements, that the PI C is able to safely operate the DJ I Phantom 2 Vision Plus and DJIPhantom 3 UAS in a manner consistent with this exemption, including evasive and em ergency

maneuvers and maintaining appropriate distances from people, vessels, vehicles and structures. Specificall y, the PI C 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 pil ot (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 PI C must accomplish 3 takeoffs and landings in the preceding 90 d ay s (for currency purposes).20

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 safet y during m y 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 purpo se of motion picture filming (or similar operations), the PI C 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

- rot or UAS. Prior to operations under Exemption No. 11062, the PI C 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 cons iders 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 day s (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 i n 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 PI C is required to operate the UA with appropriate distances in accord ance with 14 C.F.R 91.119. Exemption No. 11138 at page 15. Accordingl y, Above It All, LL C, will ensure safe operations b y not allowing an y P IC to operate the DJ I Phantom 2 Vision Plus and DJIPhantom 3 UAS unless that PI C has demonstrated, b y meeting mi nimum flight

- hour and currency requirements, that the PI C is able to safel y operate the DJ I Phantom 2 Vision Plus and DJIPhantom 3 UAS in a manner consistent with the exemption, including evasive and emergency maneuvers and maintaining appropriate distanc es 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 safet y established b y Section 91.7(a) will be maintained because prior to every

flight, Above I t All, LLC, will ensure that the DJ I Phantom 2 Vision Plus and DJI Phantom 3 UAS is in an airworth y condition based upon the UAS’s compliance with its operating documents and as stated in the conditions and limitations herein. Additio nally , 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, 1113 6, 11138, 11150, 11153, 11156, 11157, 11158, 11159, 11160, 11161).21

**4. Reasons Why An Exemption From The Requirements Of Section 91.121 Would Not Adversely Affect Safety.**  The equivalent level of safet y established b y Section 91.121 will be maintained be cause the altitude information of the DJ I Phantom 2 Vision Plus and DJIPhantom 3 UAs will be provided to the PI C via GPS equipment and a radio communications telemetry data link, which downlinks from the UA to the GCS for active monitoring of the flight p ath and altitude. This altitude information, combined with my operation of the DJ I Phantom 2 Vision Plus and DJI Phantom 3 UAs within visual line of sight, at or below 400 feet AGL, will ensure a level of safet y equivalent to Section 91.121. The altitude i nformation will be generated b y GPS equipment installed onboard the aircraft. Prior to each flight, a zero altitude initiation point is automatically

established by

the UASs at ground level. The FAA has previously

granted relief from Section 91.121 specif ic 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 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 DJ I Phantom 2 Vision Plus and DJIPhantom 3 UASs; (2) the limitations on the proposed fli ght operations; and (3) the location of the proposed flight operations. Accordingl y, Above It All, LL C, will ensure that it will safely

operate the battery

powered DJ I Phantom 2 Vision Plus and DJIPhantom 3 UAs during day light hours in VFR conditions, with enough battery power to fly

for a total duration of 15 minutes to the first point of intended landing and, assuming normal cruising speed, to fl y after that for at least 4.5 minutes. Here, as in Exemption No. 11109, the technical specifications of the DJ I Phantom 2 Vision Plus and DJIPhantom 3 UASs; the limitations on the proposed flight operations; and the location of the proposed operations, will ensure an equivalent level of safety established b y 14 C.F.R. Section 91.151(b). Furthermore, safet y will be ensured as the DJ I Phantom 2 Vision Plus and DJ I Phantom 3 UASs provide audible and visual warnings to the PI C 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 DJ I Phantom3 UASs will descend and land automatically

. Significantl y, previous exemptions granted b y the FAA concerning Section 91.151 establish that safet y is not adve rsel y 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 1 0650. Moreover, the FAA has previousl y 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, 1106 7, 11080, 11109, 11110, 11136, 11138, 11150, 11153, 11156, 11157, 11158, 11159, 11160, 11161).22

**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 Sa fety.**  In seeking this exemption, Above It All, LL C, submit that the equivalent level of safet y 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 It All, LLC, will use trained technicians to perform maintenance, alterations, or preventive maintenance on the UASs using the methods, techniques, and practices prescribed in the operating documents (i.e., the Operations Manu al, Monthly Maintenance Log, and DJ I Phantom 2 Vision Plus and DJIPhantom 3 In struction Manual). Furthermore, I will document and maintain all maintenance records for the DJ I Phantom 2 Vision Plus and DJIPhantom 3 UASs. Likewise, the exemption sought w ill not adversel y affect safety because Above I t All, LLC, will use m y experience to perform maintenance, alterations or preventive maintenance on the UAS using the methods, techniques, and practices prescribed b y the operating documents. Furthermore, the exemption sought would maintain an equivalent level of safet y established by

Sections 91.407, 91.417(a) and 91.417(b), because all maintenance of the DJ I Phantom 2 Vision Plus a

nd DJIPhantom 3 UASs will be performed b y m e. Maintenance will be documented and maintained utilizing the monthly maintenance log. Significantl y, previous exemptions granted b y 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 adversel y affected when the te chnical characteristics and operating limitations of the UAS are considered. In consideration of m y proposed operating limitations, the operating documents, and the technical aspects of the DJIPhantom 2 Vision Plus and DJ I Phantom 3 UASs, Isubmit that s afet y 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 resp ects, 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 I t All, LLC, request s that the FAA prescribe special conditions for the intended operation of the DJ I Phantom 2 Vision Plus and DJ I Phantom 3 UASs, which contain such safety standards that the Administrator finds necessary to establish a level of safet y equivalent to that established by 14 C.F.R. Par t 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 v ideo 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.23

Likewise, the Administrator may prescrib e special conditions pursuant to 14 C.F.R. § 21.16, for operation of the DJ I Phantom 2 Vision Plus and DJIPhantom 3 UASs, since the airworthiness regulations of 14 C.F.R. Part 21 do not contain adequate or appropriate safet y standards, due to the novel or unusual design features of the aircraft. Section 21.16, entitled Special Conditions , states the following: If the FAA finds that the airworthiness regulations of this subchapter do not contain adequate or appropriate safet y standards for an aircraft, air craft 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 safet y standards for the aircraft, aircraft engine or propeller as the FAA finds necessary to establish a level of safet y 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 DJIPhantom 2 Vision Plus and DJIPhantom 3 UASs, which contain such safet y standards that the Admin istrator finds necessary to establish a level of safet y 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).

**F. A Summary That Can Be Published In The**  **Federal Register, stating: The Rules From**  **Which I**  **Seek Exemption:** Above It All, 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 I**  **Seek:** This exemption will permit Above It All, 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.
**G. Any Additional Information, Views, Or Arguments Available To Support**  **Above It All, 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 safel y in the NAS. As such, Above It All, LLC’s request for exemption may be granted pursuant to the authority o f 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 securit y; and further, provides the authority for such UAS to operate without airworthiness certification.24

As discussed in detail above, Above It All, LLC, will operate the DJ I Phantom 2 Vision Plus and DJIPhantom 3 UASs safel y 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 I t All, 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 DJ I Phantom 2 Vision Plus and DJIPhantom 3 UASs commerciall y, without an airworthiness certifi cate, for the limited purpose of conducting aerial video and photograph y 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 It All, LLC, to safely , efficiently , and economically operate the DJ I Phantom 2 Vision Plus and DJI Phantom 3 UASs commercially within the NAS.
**WHEREFORE** , in accordance with the Federal Aviation Regulations and the FAA Modernization and Reform Act of 2012, Section 333, Above It All, LL C, 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), 9 1.121, 91.151(b), 91.405(a), 91.407(a)(1), 91.409(a)(1) & (a)(2), and 91.417(a) & (b), and permit Above ItAll, LLC, to operate the DJIPhantom 2 Vision Plus and DJIPhantom 3 UASs commerciall y for the purpose of conducting aerial video and photograph y ove r certain areas of the United States. Dated: June 5 , 2015 Respectfully submitted,

_________________________ Above It All, LL C La wrence M. Tray lor, Jr. (owner/operator) 10002 Dulaney

Court Richmond, VA 23233

- 2047 Home Tel: ( 804 ) 3 46

- 3806 Cell: (804) 517

- 5916

APPENDI CES: Appendix A

– DJIPhantom 2 Vision Plus and Phantom 3 Technical Specifications Appendix B

- Phantom 2 Vision Plus and Phantom 3 Pre

- Flight Inspection Check L ist Appendix C

– Phantom Flying Flowchart Appendix D

– Monthly

Maintenance Lo g25 **APPENDIX A**
**DJI PHANTOM 2 VISION PLUS AND DJI PHANTOM 3 TECHNICAL**  **SPECIFICATIONS** Above I t All, LL C, onl y utilizes safe and reliable UASs. DJIis an industry leader in small UAS production. DJ I UASs are loaded with ground breaking software enabling the user to set parameters which will not allow flight into controlled airspace. Parameters can also be set to limit flight to no higher than a predetermined and set altitude as well as limit flight to a predetermined and set distance. In addition, DJI software provides real

- time altitude and location information to the PI C via the linked monitor (smart phone/tablet devices)

. Phantom 2 Vision Plus and Phantom 3 Purchased from Intelligen t UAS ( DJI authorized dealer) General Specs. **Weight (Including Battery And Propellers)**  1280 g **Diagonal Size (Including Propellers)** 590 mm **Max Ascent Speed** 5 m/s **Max Descent Speed** 3 m/s **Hover Accuracy** Vertical: +/

- 10cm Horizontal: +/

- 1m **Max Speed** 16 m/s (ATTI mode, no wind) **Max Altitude Above Sea Level** 6000 m **Operating Temperature** 0°C to 40°C **GPS Mode** GPS/GLONASS Camera **Sensor** Sony EXMOR 1/2.3” Effective pixels: 12.4 M (total pixels: 12.76 M) **Lens** FOV 94° 20 mm (35 mm format equivalent) f/2.8, focus at ∞ **ISO Range** 100

- 3200 (video) 100

- 1600 (photo) **Shutter Speed** 8s

- 1/8000s **Image Max Size** 4000 x 3000 **Still Photography Modes** Single Shot Burst Shooting: 3/5/7 shots Auto Exposure Bracketing (AEB): 3/526

Bracketed Frames at 0.7EV Bias Time

- lapse **Video Recording Modes**  Phantom 3 Professional UHD: 4096x2160p 24/25, 3840x2160p 24/25/30 FHD: 1920x1080p 24/25/30/48/50/60 HD: 1280x720p 24/25/30/48/50/60 Phantom 2 Vision Plus FHD: 1920x1080p 24/25/30/48/50/60 HD: 1280x720p 24/25/30/48/50/60 **Supported SD Card Types** Micro SD Max capacity: 64 GB. Class 10 or UHS

- 1 rating required **Max Bitrate Of Video Storage** 60 Mbps **Supported File Formats** FAT32/exFAT Photo: JPEG, DNG Video: MP4, MOV (MPEG

- 4 AVC/H.264) **Operating Temperature** 0°C to 40°C Gimbal **Controllable Range** Pitch

- 90° to +30° **Stabilization** 3

- axis (pitch, roll, yaw) Vision Positioning **Max Velocity** Less than 8 m/s (when 2 m above ground) **Altitude Range** 30 cm

- 300 cm **Operating Range** 30 cm

- 300 cm **Operating Environment** Surface with clear pattern and adequate lighting (Lux > 15) Remote Controller **Operating Frequency** 2.400 GHz

- 2.483 GHz **Max Distance** 2000m (outdoors and unobstructed) **Video Output Port** USB **Operating Temperature** 1.127 **A PPENDIX**  **B** Phantom 2 Vision Plus and Phantom 3 Pre

- Flight Inspection Check List
Pre

- Flight Check List  Visual inspection for defects  Batteries fully

charged and checked

- Transmitter, UAS, iPad, iPhone, approved/compatible device  Props tightened and locked  SD card in camera  Lens cap removed (As necessary)  Antennae up and parallel  Transmitter turned on (press once, release, then press and hold for 3 seconds)  Ensure Transmitter is in P Mode  UAS turned on (press once, release, then press and hold for 3 seconds)  Flick the transformation switch on transmitter up and down 4 times quickly to convert from travel mode to flight mode or use the app  DJIPilot app quit and restarted, no other running apps on iPad  Tap bar at top of ap p (Safe to Fl y GPS) for full status  Maps are cached (move the map around, zoom in an out)  Minimum return height adjusted (check for tallest object and set accordingl y)  UAS placed in safe launch and recover position  Home point reprogrammed via app  Area clear of people / obstructions Flight Check Li st  Hover close for 20 seconds. Look / L isten for defects  Confirm expected stick operation  Monitor battery

power  Monitor signal stren gth  Keep line

- of

- sight with UAS

o Ensure area/zone of intended flight path is clear of other aerial traffic.

o Ensure area/zone of intended flight path is clear of any electrical/power lines

o Ensure atmospheric conditions are optimal for safe operatio n of UAV/UAS Select a safe zone to “ditch” the UAV/UAS in the event an emergency landing is required28 **A PPENDIX C** 29 **A PPENDIX**  **D**