### 2015/07/22 08:11:43
July 22, 2015 West Building Ground Floor, Room w12···140 1200 NewJerseyAvenue, SE., washington, DC 20590 Submitted via Federal Express 

### &Facsimile Above Ground UAVS, LLC, LLC John Lingenfelter 44319 N16th Street New River, Arizona 85087 

### 3 /13

Re; Exemption Request under Section 333 ofthe FAA Reform Act and Part 11 ofthe Federal Aviation Regulations DearSiror Madam; On BehalfofAbove Ground UAVS, LLC and Pursuant to Section 333 ofthe FAA Modernization and Reform Act of 2012 and 14 C.F.R. Part 11, 

### IJohn Lingenfelter, Principal ofAbove Ground UAVS, LLC, am seeking an exemption from Part 21 Subpart 

### H; and Sections 91.203 (a) (1), 45.23 (b), 91.7 (aL 91.9, 61.113, 61.133, 91.109, 91.119, 91.121, 91.151, and (91.401··· 91.417} Subpart E, ofTitle 14, Code of Federal Regulations {14 CFR). This proposed exemption would allow forthe operation ofour unmanned aircraft (UA} the OJI Phantom 3 Pro forthe purpose ofaerial image acquisition. The FAA has recently approved the use ofthe DJI Phantom 3 Pro in Exemption No. 12042 Mr. Jake Coon, forthe same purpose. This exemption also cites similaritywith relief previously requested in Grant of exemption Nos. 11062, 11109, 11112, and 11213; 11138 The DJI Phantom 

### 3 Pro is comprised ofan Unmanned Aircraft (UA) and ground station---based equipment and crew: THE UNMANNEDAIRCRAFT (UA): • OJI Phantom3 Pro lightweight (under Sib. gross weight), battery operated 4--motorquad copter that takes offand lands vertically iHE UA INCLUDES:
• An on···board flight computer with GPS navigation and location ability that receives signals for flight controls from aground···based transmitter/controllen • An on---board camera capable of capturing imagery in the form offull color, high definition still photos and video



### Page 1ofll• An on--board telemetry system that delivers flight data fr'om the on---board flight computer to the on···boar'd radio transmitter including altitude AGL, horizontal and vertical speed, compass direction offlight and direction backto its launch site • A5.8GHz on---board radio transmitterthat transmits live video from the on---board camera plus all the flight data from the telemetry system described above



### Above Ground Uavs Lie 333 Exemption

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THE GROUND STATION PARTOFTHE SYSTEM:
• A Pilot in Command (PIC) In operational control of a mission from beginning to end, and who controls the UA while in the air • A

**2.4GH~** radio transmitter/controlleroperated bythe PIC to control the UAwhile in flight • round Station DJI VIsion App which receives and displays video and system telemetry real time from the UA • AVisual Observer (VO), a person who provides a second pair of eyes to visually track the UA while in flight. UAS OPERATING GUIDELINES: The UA will be operated in the field with both aPIC and aVO in accordance with and with the following Restrictions;
• All operations must occur in FAA Class Gairspace at no more th<;m 400ftAGL, 

### atan airspeed of no more than 25 knots and no furtherthan 3/4 NM from the PIC; • All operations must utilize avisual observer (VO). The VO and PIC must be able to communicate byvoice at all times during aflight operation; • The PIC must have accumulated and logged, 

### in amanner consistent with 14CFR § 61.51 (b), 10 hours oftotal time as aUA rotorcraft pilotand at least

### 5 hours logged as aUA pilot with 

### a similar UAtype; • The UAwill not be operated overdensely populated areas; without priorapproval. • The UAwill not be operated overany open--airassembly ofpeople; without priorapproval. • The UAwill not be operated within 5

### NM ofan airport or heliport; without priorapproval. • Operations will be restricted to dayonly and weather conditions equivalent to VFR: • The PIC will briefthe

## vo and property owner abouttne operation and risk before operation • No flight wiJI be made without a Pre---Flight Inspection 

### by the PIC before each operation to ascertain thatthe UA Is in acondition safe forflight PILOT IN COMMAND (PIC) AND VISUAL OBSERVER: The PICand VO will meetthe requirements outlined in FAA Policy N8900.227 Section 16 personnel Qualifications. Additionally, the PIC and VO wtll perform maintenance on the system and will complete a course of maintenance instruction as part oftheir Initial training. Isubmitthatthe combination ofthe UA's lightweight, flight performance and ability,fully qualified flight crew and strict operation underthe guidelines established in 8900.227, and underall ofthe Restrictions listed above, the FAAcan have full confidence that the operation will have an equivalent or greater level ofsafetythan manned aircraft performingthe same mission. INTENDED USE: The requested exemption would allow us to use the UA for aerial image acquisition to support various mapping and surveying applications as well as video documentation for the public good. Typical applications would include, but are not limited to: • Photography • Aerial Mapping • Architectural Surveys • Historical Preservation Surveys • Archaeological surveys • ForensicSurveys 

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The inherent ability of the UA is to capture imagery from a low altitude including oblique photos and video from several angles is far more effective than ground··· based imagery for displaying the characteristics of buildlngs1 sites and properties or areas where consistent monitoring is needed. The applicant in the past has chartered fixed wing aircraft and/or helicopters for this purpose, which have proven more costlythan many potential clients have been able to afford, resulting loss ofopportunities. The reduced cost and higherqualitydata from the UAwill be beneficial to the public in applications such as preservation of historic buildings or archeological sites where access is limited and project sites potentially sensitive to disruption, PUBLIC SAFETY: UA's, are powered by batteries, they are smaller, lighter and more maneuverable than larger aircraft running on combustible fuel; they operate at lower altitudes (under 

### 400') with no people on board thereby reducing current risk levels and enhancing public safety. With asmall payload and maximum flight time ofapproximately 20 minutes, UA's offer little or no risk to national security. In addition the DJI UA has its own built in flight restrictions in special areas ie: airports, which limit flight in these areas. More information can be found in the UA's User Manual or on DJI's website at https://www.dji.comLfly--- safe. SUMMARY GRANT REQUEiST: This request follows many others using similar systems and process that have been granted previously. I am requesting the FAA issue asummarygrant ofexemption as this request would not setaprecedent. The UA has previously received Summary Grants under Exemption No. 11313; DeGrazia Music,

**~LC** Which cites similarity with rellef previously requested In Grant of Exemption Nos. 11062, 

### 11109, 11112, and 11213;
• The reasons stated by the 

### FAA for granting Exemption Nos. 11062, 11109, 111121 and 11213 also apply to this request • Agrant ofexemption would be in the public interest. THE REGULATIONS FROM WHICH THE EXEMPTIONS ARE BEING REQUESTED Beside each regulation number is the page ofthe attached Addendum upon which each may be found togetherwith aproposed equivalent level ofsafetyforeach regulation:



### ·-14CFR Part

### 21 Subpart H Addendum Page 1 

### -·14CFR 91.203 (a) (1) Addendum Page 

### 1 -·14CFR

### 45.23 (b) Addendum Page 1 

### -14CFR

### 91.7 (a) Addendum Page 2 

### -14CFR91.9 Addendum Page 2 

### -·14CFR 

### 61.113, 61.133 Addendum Page 2

**--~** 14CFR 91.109191.119, 

### 9:1..121 Addendum Page 3



### - 14CFR

### 91.151 Addendum Page 3 

### -·14CFR

### SubpartE(91.401--91.417} Addendum Page 4 

### ··-FAA Policy8900.227 Paragraph 

### l6(c)(4) and Paragraph 

### 16(e)(1) Addendum Page 4 

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Above Ground UAVS, LLC principals have fifteen years' experience flying RC models in addition, one ofthe principals ofAbove Ground UAVS, LLC holds acommercial pilots license {certificate# 3030818 date of issue 02/02/0S). More information provided upon request. Iam prepared to modify or

### amend any 

### partofthis requestto satisfythe need for

### an equivalent level ofsafety. Please contact us 

### at anytime if

### you require additional information or clarification. I am the primary pointofcontact for this request and lookforward toworking with youroffice. Sincerely,



# t::~is,~c John RLingenfelter 

### 44319 Nl6thStreet New River AZ 85087 623 465 7728 jrlink@msn.com Addendum Containing Exemption Requests and Equivalent Level ofSafety Appendix A
..... Flight Operations/Procedures Appendix B - User's Manual for (DJI Phantom3)



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ADDENDUM EXEMPTION REQUESTS AND EQUIVALENT LEVn OF SAFETY I, John Lingenfelter, aprincipal at Above Ground UAVS, LLC request an exemption from the following regulations as well as any additional regulations that may technically apply to the operation of the 

### OJI Phantom 3Pro (UA): 

### 14C.F.R. Part 21,SubpartH:Airworthiness Certificates 14C.F.R. 91.203 (a) (1) Subpart H, entltled Airworthiness Certificates, establishes the procedural requirements for the issuance of airworthiness certificates as required by FAR 91.203(a) (1}. Given the size and limited operating area associated with the UA to be utilized by the Petitioner, an exemption from Part 21 Subpart Hmeets the requirements of an equivalent level ofsafety under Part 11 and Section 333 of the FMRA. The Federal Aviation Act (49 U.S.C.44701 (f)) and Section 333 of the FMRA both authori4e the FAA to exempt aircraft from the requirement for an airworthiness certificate, upon consideration ofthe slze, weight, speed, operational capability1and proximityto airports and populated areas ofthe particular UA. In all cases, an analysis ofthese criteria demonstrates thatthe UA operated withol.lt an airworthiness certificate, in the restricted environment and under the conditions proposed will be at least as safe, or safer, than a conventional aircraft (fixed wing or rotorcraft) operating with an airworthiness certificate without the restrictions and conditions proposed. The UA to be operated hereunder is less than 55 lbs. fully loaded, is by definition unmanned and earries neither a pilot nor passenger, carries no explosive materials or flammable liquid fuels, and operates exclusively within a limited flight area. unlike other civil aircraft, operations underthis exemption wlll be tightly controlled and monitored 

### by the Operator and will also remain within the requirements of, and in compliance with, local public safety requirements. lhese safety enhancements, which already applyto civil aircraft provide agreater degree of safety to the public and property owners than conventional operations conducted with airworthiness certificates issued under 14 C.F.R. Part 21, Subpart H. Lastly,application ofthese same criteria demonstrates that there is no credible threat to national security posed by the UA due to its size, speed of operation, location of operation, !ack ofexplosive materials or flammable liquid fuels, and Inabilityto carry asubstantial external load.


### 14

### C.F.R. 45.23 

### (b). MarkingoftheAircraft lhe regulation requires; When marks include only the Roman capital letter "N" and the registration number is displayed on limited,

**~estricted** or llght·-sport category aircraft or experimental or provisionally certificated aircraft, the operator must also display on that aircraft near each entrance to the cabin, cockpit, or pilot station, in letters not less than 2 inches nor more than 6 inches high, the words "llmlted," 11restricted,'' 111ight·--sport," "experimental," or "provisional/' as applicable. Even though the UAwill have no airworthiness certificate, an exemption may be needed as the UA will have no entrance to the cabin, cockpit or pilot station on which the word "Experimental" can be placed. Given the size ofthe UA,

**two--~inch** lettering will be impossible. The word

**''Experimental~~** will be placed on the fuselage in compliance with 45.29 (f). "fhe equivalent level of safety will be provided 

### by having the UA marked on its fuselage as required by 45.29 (f) where the pilot; observer and others working with the UAwill see the identification ofthe UAas "Experimental."


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### Above Ground Uavs Lie 333 Exemption

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The FAA has issued the following exemptions to this regulation to Exemptions Nos. 10700, 8738, 10167 and 

### 10167 A. 14C.FJt91.7(a): Civil aircraft airworthiness. The regulation requires that no person may operate acivil aircraft unless it is in airworthy condition. As there will be no airworthiness certificate Issued for the aircraft, should this exemption be granted, no FAA regulatory standard will exist for determining airworthiness. Given the size ofthe aircraft and the requirements contained herein for the use ofsafety check lists prior to each flight, an equivalent level ofsafetywill be provided. 14CFR 91.9 Civil aircraftflight manual, marking, and placard requirements. This regulation provides that no person may operate an aircraft unless 

### a current, approved flight manual is in the aircraft. We assume that the intent ofthis requirement is to ensure that flight manual information is available to the aircrew while operating the aircraft. We request an exemption to this requirement since the aircraft is not only too small to carry documentation; the documentation would not be available to the

**c::~ew** duringflight operations. To obtain 

### an equivalent level of safety and meet 

### the intent 

### of 91.9, we propose that 

### a current, approved UA Flight Operations/Procedures (Appendix A) must be available to the crew at the ground station anytime the aircraft is in, or preparingfor, flight. The FAA has issued the following exemptions tothis regulation: Exemption Nos. 8607, 8737, 8738, 

### 9299,9299A,9565,95658,10167,10167A,10602,32827,andl0700. 14CFR 61.113 Private pilot privileges and limitations: Pilot in Command and 61.133 Commercial pilot privileges and limitations. Yhe regulation provides that no person that holds a private pilot certificate may act as pilot in command ofan aircraft for compensation or hire. Subparagraph (b) allows aprivate pilotto act as pilot in command 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. Our proposed operations require thatthe PIC must either



### Page 6ofll 1. Hold a Private Pilot Certificate issued by the FAA, and have logged 10 hours of flight experience in thistype ofUA, or 2. Meet the requirements of

### 8900.227 para 16(c)(2)(c) 110peratlons without a pilot certificate" in which the PIC is required to complete 11

### FM private pilot ground instruction" and pass "the FAA Private Pilot written e.xamination. 11 Since there are currently no means available for the pilot ofaUAtogain the experience in an equivalentcategory and class in orderto applyfora private pilot's license, we propose to generate an equivalent level of safety by requiring our pilots 

### to complete, at a minimum, FAA private pilot ground instruction and pass the FAA Private Pilot written examination in addition to completing the private pilot requirements. Since the aircraft cannot carry passengers or property, we feel that we meet the intent of 61.113 Subparagraph (b) even though the intent ofthis application is to conduct abusiness. 

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14CFR 91.109 Flight lnstructionj Simulated Instrumentflight and certain flight tests The regulation statesthat "No person may operate acivil aircraftthat is being used forflight instruction unless that aircraft has fully functioning dual controls," The UA's ground---based control station consists ofasmall hand--held radio transmitter and while it does not offer 

## asecond set of ''controls'', both the student and instructor can} and will, operate the single set of controls simultaneously. With both student and instructor having "hands---on" the controls during flight, we feel that this technique meets the intent 

### 91.109 and provides an

**et~uivalent** level ofsafety. 14CFR 91.119 Minimum safe altitudes: General. The regulation statesthat oversparsely populated areas the aircraft cannot be operated closerthan 

### sao feet to any person, vessel, vehicle, orstructure. Since the aircraft will be operating at a maximum of

### 500 feet AGL, we cannot complywith this requirement. In order to provide an equivalent level ofsafety The UA's will not be operated over congested areas or over any open air assembly of 

## persons with prior approval. Any property owner affected will be briefed on the expected route of flight and the associated risks to persons and property on the ground. The aircraft 

### will be operated at a low altitude allowing1 ifa power unit fails, an emergency landing without undue hazard to persons or property on the surface. Therefore we maintain that due to the small size of the UA, the hazard to persons, vehicles and structures is minimal compared to manned aircraft1 which should be considered in granting the exemption. 14

**C~fl** 91.121 AJtimeterSettings. The regulation requires that aircraftshall maintain cruising altitudes by reference to an altimetersetting available within 100 NM ofthe aircraft. The UAwill always fly below 500 feetAGL andwill not need to maintain cruising altitudes in orderto prevent conflict with otheraircraft. An Above Ground Level altimeter measurement abovethetakeoff point is transmitted via radio from the UA'S on---board computerto the displayscreen held bythe PIC, providing aconstantly updated AGL readout. 14CFR 91.151 Fuel requirementsforflight in VFR conditions. The regulation provides that no person may begin aflight in an airplane under day---VFR conditions unless there is enough fuel to fly to the first point of intended landing and to fly after that for at least 30 minutes. The Intention ofthis paragraph is to provide an energy reserve as asafety buffer for delays to landing. Each UA is battery operated and the maximum duration of flight from a single battery charge is 45 minutes with a 20% reserve. Since the aircraft will never fly more than 3/4NM from the point of intended landing, a full battery charge at launch will ensure that we meet the reserve energy requirement ofthis paragraph. We request an exemption to the word "fuel" and ask for an equivalent interpretation with the word "energy". 

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14CFR

### Subpart E(91.401·- 91.417}- Maintenance, Preventive Maintenance,Alterations The regulation provides that the operator is primarily responsible for maintaining the aircraft in an airworthy condition, including compliance with part 39 and 43. Paragraphs 91.407 and 91.409 require thatthe aircraft be "approved for return to service by aperson authorized under43.7" after maintenance and inspection. It is our intention that the PIC perform maintenance and inspection ofthe aircraft and "be authorized to approve the aircraftfor return to service." As provided in the Pre---Flight Checklist in Appendix A, the PIC will ensure thatthe aircraft is in an airworthy condition prlorto every flight and in addition conduct detailed inspections after every two hours of flight. Maintenance performed by the PIC is limited to repairing small cracks, replacing aprope1Ier1 checking electrical connections and updating software and firmware for the on---board computer. All other maintenance will be performed 

### by the manufacturer or their designated repair facility. The PIC will document work performed in accordance with 91.417. We feel that due to the size, constructiOn 1 and simplicity of the aircraft, the PIC can ensure an equivalent level ofsafety. 8900.227 Paragraph 16(c)(4) PIC Medical. And Paragraph 16(e)(1) Observer Medieal. This policy provides that both the PIC and VO must have avalid FAA second---class medica! certificate issued under part 67 in orderto perform as apilot orobserver. The UA's maximum gross weight is Jess than Sibs., are constructed primarily of, plastic: and carbon fiber. The PIC is not on board. Both the PIC and the VO are required to be In VLOS. Given the unlikely event that both the PIC and VO become medically incapacitated while the aircraft is in flight, the UA will return autonomously to the site of launching and land without crew intervention. Therefore/ requiring the PIC and VO to meet the same medical requirements as commercial pilot carrying passengers in alarge aircraft is an unnecessary burden. We propose thatthe minimum medical requirements forthe PIC and VO be vision corrected to 

### 20/20 and 

### avalid, state issued driver's license. The 

### 20/20 vision requirement will ensure that the PIC and VO n see and avoid air traffici a licensed driver is medically qualified to operate a much larger vehicle.



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APPENOIX A- FLIGHT OPERATIONS[PROCEDURES The UAwill be Operated underthe following flight restrictions. Restrictions and procedures are the same for both OJI UA's in this request OPERATIONAL FLIGHT RESTRICTIONS The UAwill be operated in the field with both a PIC and aVO in accordance with and with thefollowing Restrictions; , • All operations must occur in FAAClass Gairspace at no more than 400ftAGL, atan airspeed of no morethan 

### 25 knots and no furtherthan 

### 3/4 NM from the PIC; • All operations must utilize avisual observer (VO). The VO and PIC must be able to communicate 

### byvoice at all times during

### aflight operation; • The PIC must have accumulated and logged, in 

### a mannerconsistent with 14CFR § • 61.51 (b), 10 hours oftotal time as 

### a UA rotorcraft pilot and at least 5 hours logged as 

### a UA pilot with asimilar UAtyj:le; • The UAwill not be operated over densely populated areas; without prior approval. • The UAwill not be operated overanyopen---airassemblyofpeople; without prior' approval. • The UAwill not be operated within 5NM ofan airport or heliport; without prior approval. • Operations will be restricted to day only and weather conditions equivalentto 

### VFR; • The PIC will briefthe VO and property ownerabout the operation and risk before operation· • No flight will 

### be made without a Pre---Flight lnsj:lection bythe PIC before each operation to ascertain thatthe UA is in acondition safe for flight PRE--FLIGHT CHECKUST Priorto operation preflight checklists provided bythe manufacturerofthe UA's will be followed. Below is such an example. 

### 1. Remote Controller, 

### smart battery, Range 

### Extender and smartphone are fully charged

.

.2. Propellers are mounted correctly.



### 3. Damping absorbers are in good condition, not broken orworn. 4. 

### camera lens

## cap has been removed. 

### 5. Micro--socard has been inserted ifnecessary. 6. Gimbal is functioning as normal. 7. Motors can start and are functioning as normal. 8. OJI App can connecttothe camera.



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TAKE OFF/LAI'\IOING PROCEDURES Manufacturer recommended lakeoffand Landing procedures will be followed. Place the UA on ground with the battery level indicatorfacing you. l. Power on the remote controller. 

### 2. Power on the range extender. 3. Switch the camera to the "WIFI ON'' position. 4. Power on the aircraft byturning on the intelltgent battery 5. Connectthe mobile device to the UA, run the DJI App to enterthe camera preview page. 

### 6. Wait until the LED flight indicator starts to slowly blink green/yellow. This means the aircraft is initializing and entering the ''Ready to Fly"/"fteady to Fly (non---GPS).n state. Then proceed to execute the

# esc command to start motors. 7. Push thethrottle stick up slowlyto 

### liftthe aircraft offthe ground. 

### 8. When landing, be sure to be hovering over alevel surface. Pull down on the throttle stick gently

### to descend and land. 

### 9. After landing the aircraft on the ground, keep the throttle stlck at its lowest position for about 

### 3to 

### 5seconds which will automaticallystop the motors. FAILSAFE FUNCTION The UA will enter Failsafe mode when the connection from the remote controller is lost. The flight control system will automatically control the aircraft 

### to return to home and land to reduce injuries or damage. The following situations would make the aircraft fail to receive a signal from the remote controller and enter Failsafe mode: 

### 1. The remote controller is powered off. 

### 2. The aircraft has flown out ofthe effective communication range ofthe remote controller. 

### 3. lhere is an obstacle obstructing

### the signal between the remote controller and the aircraft:, essentially reducing the distance the signal 

### c::an travel. 4. lhere is Interference causing asignal problem with the remote controller. Failsafe works differently depending on the mode the aircraft is in when Failsafe mode 

### is initiated whether itis in the Readyto Fly or Ready to Fly (non---GPS} mode.



### Page 10 ofll ReadytoFly(non-GPS)--Automatic;landing The flight control system will try to keep the aircraft level during descent and landing. Note that the aircraft may be drifting during descentand landlng process. Readyto Fly--Automaticgo homeand land The flight 

### control system will automatically control the aircraft 

### to fly 

### back to the home 

### point and land.



### Above Ground 

### Uavs Llc 333 Exemption

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APPENDIX B-USER'S MANUAL FOR UA 

### (DJI Phantom 3 Pro) 

### Dueto datasizerestrictions,pleaseseethelinkbelowforManual. http://doYmload.dii-nno:vations.com/downloadslphantom

**~/en/Phantom** 

### 3 Professional.Release Note en.pdf



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### Exemption Above Ground Uavs Lie 333