August 24, 2015

Exemption No. 12565

Regulatory Docket No. FAA−2015−2394

Mr. Jason Spradley

High Above SBC

6024 Summerville Lane 

Bossier City, LA 71111

Dear Mr. Spradley:

This letter is to inform you that we have granted your request for exemption. It transmits our 

decision, explains its basis, and gives you the conditions and limitations of the exemption, 

including the date it ends.

By letter dated May 29, 2015, you petitioned the Federal Aviation Administration (FAA) on 

behalf of High Above SBC (hereinafter petitioner or operator) for an exemption. The

petitioner requested to operate an unmanned aircraft system (UAS) to conduct aerial 

photography, videography, marketing, and surveys.

See Appendix A for the petition submitted to the FAA describing the proposed operations and 

the regulations that the petitioner seeks an exemption.

The FAA has determined that good cause exists for not publishing a summary of the petition 

in the Federal Register because the requested exemption would not set a precedent, and any 

delay in acting on this petition would be detrimental to the petitioner.

Airworthiness Certification

The UAS proposed by the petitioner are the DJI Phantom 3 and Yuneec Q500.

In accordance with the statutory criteria provided in Section 333 of Public Law 112−95 in 

reference to 49 U.S.C. § 44704, and in consideration of the size, weight, speed, and limited 

operating area associated with the aircraft and its operation, the Secretary of Transportation 

has determined that this aircraft meets the conditions of Section 333. Therefore, the FAA 
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finds that relief from 14 CFR part 21, Certification procedures for products and parts, 

Subpart H—Airworthiness Certificates, and any associated noise certification and testing 

requirements of part 36, is not necessary.

The Basis for Our Decision

You have requested to use a UAS for aerial data collection1. The FAA has issued grants of 

exemption in circumstances similar in all material respects to those presented in your petition. 

In Grants of Exemption Nos. 11062 to Astraeus Aerial (see Docket No. FAA−2014−0352), 

11109 to Clayco, Inc. (see Docket No. FAA−2014−0507), 11112 to VDOS Global, LLC (see

Docket No. FAA−2014−0382), and 11213 to Aeryon Labs, Inc. (see Docket No. 

FAA−2014−0642), the FAA found that the enhanced safety achieved using an unmanned 

aircraft (UA) with the specifications described by the petitioner and carrying no passengers or 

crew, rather than a manned aircraft of significantly greater proportions, carrying crew in 

addition to flammable fuel, gives the FAA good cause to find that the UAS operation enabled 

by this exemption is in the public interest.

Having reviewed your reasons for requesting an exemption, I find that—

 They are similar in all material respects to relief previously requested in Grant of 

Exemption Nos. 11062, 11109, 11112, and 11213;

 The reasons stated by the FAA for granting Exemption Nos. 11062, 11109, 11112, and 

11213 also apply to the situation you present; and 

 A grant of exemption is in the public interest.

Our Decision

In consideration of the foregoing, I find that a grant of exemption is in the public interest. 

Therefore, pursuant to the authority contained in 49 U.S.C. 106(f), 40113, and 44701, 

delegated to me by the Administrator, High Above SBC is granted an exemption from 

14 CFR §§ 61.23(a) and (c), 61.101(e)(4) and (5), 61.113(a), 61.315(a), 91.7(a), 91.119(c), 

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

the extent necessary to allow the petitioner to operate a UAS to perform aerial data collection.

This exemption is subject to the conditions and limitations listed below.

Conditions and Limitations

In this grant of exemption, High Above SBC is hereafter referred to as the operator.

 

1 Aerial data collection includes any remote sensing and measuring by an instrument(s) aboard the UA. 

Examples include imagery (photography, video, infrared, etc.), electronic measurement (precision surveying, RF 

analysis, etc.), chemical measurement (particulate measurement, etc.), or any other gathering of data by 

instruments aboard the UA.
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Failure to comply with any of the conditions and limitations of this grant of exemption will be 

grounds for the immediate suspension or rescission of this exemption.

1. Operations authorized by this grant of exemption are limited to the DJI Phantom 3 and 

Yuneec Q500 when weighing less than 55 pounds including payload. Proposed 

operations of any other aircraft will require a new petition or a petition to amend this 

exemption.

2. Operations for the purpose of closed-set motion picture and television filming are 

not permitted. 

3. The UA may not be operated at a speed exceeding 87 knots (100 miles per hour). The 

exemption holder may use either groundspeed or calibrated airspeed to determine 

compliance with the 87 knot speed restriction. In no case will the UA be operated at 

airspeeds greater than the maximum UA operating airspeed recommended by the 

aircraft manufacturer.

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

(AGL). Altitude must be reported in feet AGL.

5. The UA must be operated within visual line of sight (VLOS) of the PIC at all times. 

This requires the PIC to be able to use human vision unaided by any device other than 

corrective lenses, as specified on the PIC’s FAA-issued airman medical certificate or

U.S. driver’s license.

6. All operations must utilize a visual observer (VO). The UA must be operated within 

the visual line of sight (VLOS) of the PIC and VO at all times. The VO may be used 

to satisfy the VLOS requirement as long as the PIC always maintains VLOS 

capability. The VO and PIC must be able to communicate verbally at all times; 

electronic messaging or texting is not permitted during flight operations. The PIC 

must be designated before the flight and cannot transfer his or her designation for the 

duration of the flight. The PIC must ensure that the VO can perform the duties 

required of the VO.

7. This exemption and all documents needed to operate the UAS and conduct its 

operations in accordance with the conditions and limitations stated in this grant of 

exemption, are hereinafter referred to as the operating documents. The operating 

documents must be accessible during UAS operations and made available to the 

Administrator upon request. If a discrepancy exists between the conditions and 

limitations in this exemption and the procedures outlined in the operating documents, 

the conditions and limitations herein take precedence and must be followed. 

Otherwise, the operator must follow the procedures as outlined in its operating 

documents. The operator may update or revise its operating documents. It is the 

operator’s responsibility to track such revisions and present updated and revised 
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documents to the Administrator or any law enforcement official upon request. The 

operator must also present updated and revised documents if it petitions for extension 

or amendment to this grant of exemption. If the operator determines that any update 

or revision would affect the basis upon which the FAA granted this exemption, then 

the operator must petition for an 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.

8. Any UAS that has undergone maintenance or alterations that affect the UAS operation 

or flight characteristics, e.g., replacement of a flight critical component, must undergo 

a functional test flight prior to conducting further operations under this exemption. 

Functional test flights may only be conducted by a PIC with a VO and must remain at 

least 500 feet from other people. The functional test flight must be conducted in such 

a manner so as to not pose an undue hazard to persons and property.

9. The operator is responsible for maintaining and inspecting the UAS to ensure that it is 

in a condition for safe operation.

10. Prior to each flight, the PIC must conduct a pre-flight inspection and determine the 

UAS is in a condition for safe flight. The pre-flight inspection must account for all 

potential discrepancies, e.g., inoperable components, items, or equipment. 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 

UAS is found to be in a condition for safe flight.

11. The operator must follow the UAS manufacturer’s maintenance, overhaul, 

replacement, inspection, and life limit requirements for the aircraft and 

aircraft components.

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

safety bulletins.

13. Under this grant of exemption, a PIC must hold either an airline transport, 

commercial, private, recreational, or sport pilot certificate. The PIC must also hold a 

current FAA airman medical certificate or a valid U.S. driver’s license issued by a 

state, the District of Columbia, Puerto Rico, a territory, a possession, or the Federal 

government. The PIC must also meet the flight review requirements specified in 

14 CFR § 61.56 in an aircraft in which the PIC is rated on his or her pilot certificate.

14. The operator may not permit any PIC to operate unless the PIC demonstrates the 

ability to safely operate the UAS in a manner consistent with how the UAS will be 

operated under this exemption, including evasive and emergency maneuvers and 

maintaining appropriate distances from persons, vessels, vehicles and structures. PIC 

qualification flight hours and currency must be logged in a manner consistent with 
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14 CFR § 61.51(b). Flights for the purposes of training the operator’s PICs and VOs 

(training, proficiency, and experience-building) and determining the PIC’s ability to 

safely operate the UAS in a manner consistent with how the UAS will be operated 

under this exemption are permitted under the terms of this exemption. However, 

training operations may only be conducted during dedicated training sessions. During 

training, proficiency, and experience-building flights, all persons not essential for 

flight operations are considered nonparticipants, and the PIC must operate the UA 

with appropriate distance from nonparticipants in accordance with 14 CFR § 91.119.

15. UAS operations may not be conducted during night, as defined in 14 CFR § 1.1. All 

operations must be conducted under visual meteorological conditions (VMC). Flights 

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

16. The UA may not operate within 5 nautical miles of an airport reference point (ARP) as 

denoted in the current FAA Airport/Facility Directory (AFD) or for airports not 

denoted with an ARP, the center of the airport symbol as denoted on the current 

FAA-published aeronautical chart, unless a letter of agreement with that airport’s 

management is obtained or otherwise permitted by a COA issued to the exemption 

holder. The letter of agreement with the airport management must be made available 

to the Administrator or any law enforcement official upon request.

17. The UA may not be operated less than 500 feet below or less than 2,000 feet 

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

18. If the UAS loses communications or loses its GPS signal, the UA must return to a 

pre-determined location within the private or controlled-access property.

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

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

weather conditions) there is enough available power for the UA to conduct the 

intended operation and to operate after that for at least five minutes or with the reserve 

power recommended by the manufacturer if greater.

21. Air Traffic Organization (ATO) Certificate of Waiver or Authorization (COA). All 

operations shall be conducted in accordance with an ATO-issued COA. The 

exemption holder may apply for a new or amended COA if it intends to conduct 

operations that cannot be conducted under the terms of the attached COA.

22. All aircraft operated in accordance with this exemption must be identified by serial 

number, registered in accordance with 14 CFR part 47, and have identification 

(N−Number) markings in accordance with 14 CFR part 45, Subpart C. Markings must 

be as large as practicable.
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23. Documents used by the operator to ensure the safe operation and flight of the UAS and 

any documents required under 14 CFR §§ 91.9 and 91.203 must be available to the 

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

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

official upon request.

24. The UA must remain clear and give way to all manned aviation operations and 

activities at all times. 

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

26. All Flight operations must be conducted at least 500 feet from all nonparticipating 

persons, vessels, vehicles, and structures unless:

a. Barriers or structures are present that sufficiently protect nonparticipating persons 

from the UA and/or debris in the event of an accident. The operator must ensure 

that nonparticipating persons remain under such protection. If a situation arises 

where nonparticipating persons leave such protection and are within 500 feet of 

the UA, flight operations must cease immediately in a manner ensuring the safety 

of nonparticipating persons; and

b. The owner/controller of any vessels, vehicles or structures has granted permission 

for operating closer to those objects and the PIC has made a safety assessment of 

the risk of operating closer to those objects and determined that it does not 

present an undue hazard.

The PIC, VO, operator trainees or essential persons are not considered 

nonparticipating persons under this exemption.

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

permission from the property owner/controller or authorized representative. 

Permission from property owner/controller or authorized representative will be 

obtained for each flight to be conducted.

28. Any incident, accident, or flight operation that transgresses the lateral or vertical 

boundaries of the operational area as defined by the applicable COA must be reported 

to the FAA's UAS Integration Office (AFS−80) within 24 hours. Accidents must be 

reported to the National Transportation Safety Board (NTSB) per instructions 

contained on the NTSB Web site: www.ntsb.gov.

If this exemption permits operations for the purpose of closed-set motion picture and 

television filming and production, the following additional conditions and limitations apply.

29. The operator must have a motion picture and television operations manual (MPTOM) 

as documented in this grant of exemption.
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30. At least 3 days before aerial filming, the operator of the UAS affected by this 

exemption must submit a written Plan of Activities to the local Flight Standards 

District Office (FSDO) with jurisdiction over the area of proposed filming. The 3-day 

notification may be waived with the concurrence of the FSDO. The plan of activities 

must include at least the following:

a. Dates and times for all flights;

b. Name and phone number of the operator for the UAS aerial filming conducted 

under this grant of exemption;

c. Name and phone number of the person responsible for the on-scene operation of 

the UAS;

d. Make, model, and serial or N−Number of UAS to be used;

e. Name and certificate number of UAS PICs involved in the aerial filming;

f. A statement that the operator has obtained permission from property owners 

and/or local officials to conduct the filming production event; the list of those 

who gave permission must be made available to the inspector upon request;

g. Signature of exemption holder or representative; and

h. A description of the flight activity, including maps or diagrams of any area, city, 

town, county, and/or state over which filming will be conducted and the altitudes 

essential to accomplish the operation.

31. Flight operations may be conducted closer than 500 feet from participating persons 

consenting to be involved and necessary for the filming production, as specified in the 

exemption holder’s MPTOM.

Unless otherwise specified in this grant of exemption, the UAS, the UAS PIC, and the UAS 

operations must comply with all applicable parts of 14 CFR including, but not limited to, 

parts 45, 47, 61, and 91.

This exemption terminates on August 31, 2017, unless sooner superseded or rescinded.

Sincerely,

/s/

John S. Duncan

Director, Flight Standards Service

Enclosures
5/29/2015 

Jason Spradley 

High Above SBC 

6024 Summerville Ln 

Bossier City, LA 71111 

(512) 221-7360 

r .... "Svll -.~.'J-·cd _, ricoh-usa.con1 

U.S. Department of Transportation 

Docket Management System 

1200 New Jersey Ave., SE 

Washington, DC 20590 

To Whom It May Concern: 

I, Jason Spradley, am writing to request exemption from the following 

sections of Title 14, Code of Federal Regulations§§ in accordance with the 

FAA's Guidelines for Submitting a Petition for Exemption under 

section 333 of the FAA Modernization and Reform Act of 2012. 

91.119(c), .91.121, 91.151(a), 91.405(a), 91.407(a)(1), 91.409(a)(1), 

91.409(a)(2), 91.417(a)&(b). 

I am requesting this exemption in order to operate small unmanned aircraft 

systems (sUAS) commercially in airspace regulated by the Federal Aviation 

Administration (FAA) for the purposes of aerial photography / video, real 

estate marketing and surveys, and other flight requests that could be 

performed safely and more cost effectively with the use of s UAS at low 

altitude (below 200 feet) within the U.S. national airspace system as 

compared to a manned aircraft. Such requests will only be performed with 

the authorization and permission of clients or authorized agents of such 

clients. No persons will be included in any photo/video without their 
expressed written permission, which will be kept on file for audit at any 

time by the FAA. 

The following reasons for exemption of the above mentioned Federal 

Aviation Regulations (FAR) are being requested by myself, Jason Spradley. 

> 91.119(c) As determined in the Exemption 11138 (Douglas Trudeau) 

- operations conducted closer than 500 feet to the ground may 

require that the UAS be operated closer than soo feet to essential 

persons or objects that would not be possible without additional 

relief. The petitioner requests modification or exemption and 

clarification concerning the terms congested areas and densely 

populated. I am requesting a waiver for this condition to allow 

responsible operation with extreme safety in areas with housing and 

possible other structures. 

> 91.121 As determined in exemption 11138 (Douglas Trudeau) - is 

nonapplicable since the the sUAS does not use an altimeter but does 

utilize electronic GPS with a barometric sensor for altitude hold and 

information. 

);> 91.151(a) As discussed in exemption 11136 (Advanced Aviation 

Solutions LLC) - prior relief has been granted for manned aircraft to 

operate at less than the prescribed minimums, including exemption 

numbers 2689, 10650, and 5745· Additionally, similar UAS specific 

relief has been granted in exemption numbers 10673, 8811, and 

10808 for daytime visual field of reference conditions (VFR). The 

UAS provides battery power measurement to the radio controller held 

by the person in control (PIC). The UA batteries allow for 

apporoximately 20 minutes of flight. I have attached information on 

UASs that describe in more detail the specifics around battery 

management. They contain process and procedures for the PIC when 

battery reaches a certain level. Understanding the limitations on 

proposed operations and location of said operations, the FAA found 

~ that reduced minimum power reserve for flight in daytime VFR Vl 

~ conditions was reasonable. 0 

~ );> 91.405(a), 91.407(a)(1), 91.409(a)(1) & (2), 91.417(a) & (b) ..c ¥ As discussed in exemption 11138 (Douglas Trudeau) - I, Jason 

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Spradley, will personally inspect and ensure that each UAS is in top 

condition for safe flight in accordance with all documents pertaining 

to safe operation. The FAA found that adherence to the petitioners 

operating documents and the conditions and limitations specified, 

describing the requirements for maintenance and record keeping and 

inspection were sufficient to ensure that safety would not be adversely 

affected. 

Description of UAS to be Operated under this Exemption 

The DJI Phantom 3 professional and the Yuneec Qsoo are both 

manufactured by highly successful and safety oriented companies. Both 

UASs fly under 25 pounds and carry high definition cameras. The 

advertised maximum speed is less than 15 miles per hour and is powered by 

four electric motors with a distance of less than 18 inches. They both 

utililize gps and compass orientation for stable flight and the ability to 

knowtheir position at all times. The gps on both UASs also do not allow for 

motors to be initialized within a designated No Fly Zone. Real time video 

that includes telemetry is visible by the PIC at all times. The PIC can 

measure battery level, GPS strength, altitude, distance from PIC, along with 

image from camera at all times. Both units have fail safe modes of 

operation for low battery, loss of gps or loss of signal. In these situations, 

the UAS will return to the point of takeoff and motors will automatically 

disengage. Each UAS can be programmed to limit their altitude and 

distance from PIC before flight. Both units are also limited to 

approximately 20 minutes per battery. Both units also have visible LED 

indicators that let the PIC know of any situation that the PIC might 

determine requires the UAS to return home. Most flights last less than 10 

minutes and more information is available in the attachments that I have 

included with this application for exemption. 

Acknowledgment ofF AA Safety Regulations and Guidelines 

I, Jason Spradley, have reviewed and retained a copy of all FAA regulations 

including those regulations and guidelines based on the premise of safety. I 

find all regulations to be reasonable and I will not only meet, but do my 
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best to exceed all safety regulations as set forth by the FAA. My main focus 

is safety and protection of all persons and property that myself or my UAS 

comes in contact with. I have enclosed documents that include a preflight 

and postflight checklist, but I also have an additional checklist that I use 

before, during and after each flight. All moving parts of the UAS are 

inspected to ensure safety. 

Request for Close Proximity Flight 

I, Jason Spradley, am also requesting to be allowed to operate within 5 

miles of an airport similar to reference number 1, providing that 

"The UA may not operate in Class B, C, or D airspace without written 

approval from the FAA. The UA may not operate within 5 nautical miles 

of the geographic center of a non towered airport 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 NOT AM as required by the operator's COA. The letter 

of agreement with the airport management must be made available to the 

Administrator upon request." 

I have permission of the airport administrator or designated official. I will 

have written permission and a documented flight plan for each flight used 

in this manner. The before mentioned written permission and flight plan 

will be kept on file for audit at any time for the FAA. Flight within 5 miles of 

an airport is rare, but in the area I plan to operate, there are several small 

airports that allow UAS flight within 5 miles with permission as noted 

above. 

Other Interests 

I feel that this exemption will allow me not only the ability to gain 

financially for use at the request of different companies, but it will also 

allow me to help educate the public on the safe use of a UAS under proper 

legal guidelines and safety. I feel that this exemption will also allow me to 

perform tasks that not only could not be performed from the ground, but 

would also allow me to perform tasks that would normally put persons at 

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risk to obtain the same information. Many of the structures I would be 

filming would be hazardous for an individual to access. The use of a UAS 

allows for safe visual inspection of not only property, but buildings and 

other structures as well. 

I can also use the UAS to participate in air shows and displays for no charge 

to show the many uses of this type of aircraft when performed under the 

proper legal guidelines. My services will also be offered to local 

organizations such as schools, fire departments, and police departments as 

long as such requests fall under the rules of the exemption that I am 

requesting along with all other FAA guidelines. 

Operations for this petition will also enhance the economic growth of the 

area in which my company resides. 

Summary 

I, Jason Spradley, am requesting this exemption for the purposes of aerial 

photography and video of, not only real estate, but possibly land 

observation, inspection of construction equipment, towers, and other flight 

operations as requested by clients. I am requesting this exemption for the 

reasons noted above and specifically intended these items to be broad 

based on my business plan to extend operations to different areas based on 

requests by clients. Each request will be analyzed by myself, Jason 

Spradley, to validate that these requests can be done in a safe manner and 

in compliance with all FAA regulations. I also plan to use my business and 

myself as a mentor for other small business owners to educate and to assist 

them in starting their own business in accordance with all FAA regulations 

and laws. I have seen several advertisements of people offering these 

services, as specified above, but I have refrained from pursuing 

opportunities for commercial use of my UAS until I can properly be 

authorized by the FAA. 

Personal Information 

I am a member of the AMA, Member # 1071321. I have been flying RC 

aircraft for over 2 years with no incidence and I am an avid builder of RC 

models to include cars, helicopters, and UASs. I have a passion for the 

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hobby and I have been waiting for the opportunity to possibly turn that 

hobby into a venture that would help support my family. 

Documents Attached 

1. DJI Phantom 3 Professional Safety Guidelines 

2. Yuneec Qsoo Owner's Manual 

3. Yuneec Q500 LED Indicators 

References 

1. FAA Exemption Number 11080, Regulatory Document Number FAA2014-0355 in the matter of the petition of Flying Cam INC 

2. FAA Exemption Number 11136, Regulatory Document Number FAA2014- 0508 in the matter of the petition of Advanced Aviation 

Solutions LLC 

3. FAA Exemption Number 11138, Regulatory Document Number FAA2014-0481 in the matter of the petition of Douglas Trudeau 

Thank you for your consideration of my petition for this exemption. I look 

forward to hearing from you soon. Please do not hesitate to reach out to me 

with any questions or if any additional information is needed. 

Respectfully, 

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