From: From Above Rc (Solomon Nieves)

24511 Daisy Run San Antonio, TX 78255

Date: 4/22/15

U.S. Department of Transportation, Docket,Operations

West Building Ground Floor, Room w12-140

1200 New Jersey Avenue, SE., Washington, DC 20590

 

Re: Exemption Request Section 333 of the FAA Reform Act and Part 11 of the Federal Aviation 

Regulations from 14 C.F.R. 45.23(b);14 CFR Part 21;14 CFR 61.113 (a) & (b); 91.7 (a);91.9 (b) 

(2);91.103(b); 91.109;91.119; 91.121; 91.151(a);91.203(a) & (b);91.405 (a); 91.407(a) (1); 91.409 (a) 

(2);91.417 (a) & (b).

Dear Sir or Madam: Pursuant to Section 333 of the FAA Modernization and Reform Act of 2012 (the

Reform Act) and 14 C.F.R. Part 11, From Above RC, operator of Small Unmanned Aircraft Systems 

(“sUASs”) equipped to offer on-demand commercial UAS operations for a host of industries and 

applications. 

These include: 

• Flare stack inspection

• Utility-power generation system inspections and patrolling

• Pipeline inspection and patrolling

• Filmmaking, cinematography, and videography

• Precision agriculture

• Wildlife and forestry monitoring

• Aerial surveying

• Construction site inspection and monitoring

• Public Entity Support Operations
From Above RC hereby applies for an exemption from the listed Federal Aviation Regulations (“FARs”) to 

allow commercial operation of its sUASs, so long as such operations are conducted within and under the 

conditions outlined herein or as may be established by the FAA as required by Section 333 As described 

more fully below, the requested exemption would permit the operation of small, unmanned and 

relatively inexpensive sUAS under controlled conditions in airspace that is 1) limited 2) predetermined 3) 

controlled as to access and 4) would provide safety enhancements to the already safe operations using 

conventional aircraft. Approval of this exemption would thereby enhance safety and fulfill the Secretary 

of Transportation’s (the FAA Administrator’s) responsibilities to “...establish requirements for the safe 

operation of such aircraft systems in the national airspace system.” Section 333(c) of the Reform Act. 

The name and address of the applicant is: From Above Rc Attn: Solomon Nieves 24511 Daisy Run, TX 

78255 Ph: 210-833-2022 Email: solomonnieves0014@gmail.com Regulations from which the exemption 

is requested: 14 CFR Part 21 14 C.F.R. 45.23(b) 14 CFR 61.113 (a) & (b) 14 C.F.R. 91.7 (a) 14 CFR 91.9 (b) 

(2) 14 C.F.R. 91.103 14 C.F.R. 91.109 14 C.F. R. 91.119 14 C.F.R. 91.121 14 CFR 91.151 (a) 14 CFR 91.203 

(a) & (b) 14 CFR 91.405 (a) 14 CFR 407 (a) (1) 14 CFR 409 (a) (2) 14 CFR 417 (a) & (b) This exemption 

application is expressly submitted to fulfill Congress’ goal in passing Section 333(a) through (c) of the 

Reform Act. This law directs the Secretary of Transportation to consider whether certain unmanned 

aircraft systems may operate safely in the national airspace system (NAS) before completion of the 

rulemaking required under Section 332 of the Reform Act. In making this determination, the Secretary is 

required to determine which types of UASs do not create a hazard to users of the NAS or the public or 

pose a threat to national security in light of the following: • The UAS’s size, weight, speed, and 

operational capability; • Operation of the UAS in close proximity to airports and populated areas; and • 

Operation of the UAS within visual line of sight of the operator. Reform Act § 333 (a). Lastly, if the 

Secretary determines that such vehicles “may operate safely in the national airspace system, the 

Secretary shall establish requirements for the safe operation of such aircraft in the national airspace 

system.” Id. §333(c) (emphasis added) Applicant interprets this provision to place the duty on the 

Administrator to not only process applications for exemptions under section 333, but for the 

Administrator to craft conditions for the safe operation of the UAS, if it should be determined that the 

conditions set forth herein do not fulfill the statutory requirements for approval. The Federal Aviation 

Act expressly grants the FAA the authority to issue exemptions. This statutory authority by its terms 

includes exempting civil aircraft, as the term is defined under §40101 of the Act that includes sUASs, 

from the requirement that all civil aircraft must have a current airworthiness certificate. The 

Administrator may grant an exemption from a requirement of a regulation prescribed under subsection 

(a) or (b) of this section or any sections 44702-44716 of this title if the Administrator finds the 

exemption in the public interest. 49 U.S.C. §44701(f) See also 49 USC §44711(a); 49 USC §44704; 14 CFR 

§91.203 (a) (1). AirRaid Aerials’ sUASs are rotorcraft, weighting 55 or fewer lbs. including payload. They 

operate, under normal conditions at a speed of no more than 50 knots and have the capability to hover, 

and move in the vertical and horizontal plane simultaneously. They will operate only in line of sight and 

will operate only within a sterile area. Such operations will insure that the sUAS will “not create a hazard 

to users of the national airspace system or the public.” Reform Act Section 333 (b). Given the small size 

of the sUASs involved and the restricted sterile environment within which they will operate, the 

applicant falls squarely within that zone of safety (an equivalent level of safety) in which Congress 

envisioned that the FAA must, by exemption, allow commercial operations of UASs to commence 

immediately. Also due to the size of the UASs and the restricted areas in which the relevant sUASs will 

operate, approval of the application presents no national security issue. Given the clear direction in 

Section 333 of the Reform Act, the authority contained in the Federal Aviation Act, as amended; the 

strong equivalent level of safety surrounding the proposed operations, and the significant public benefit, 

including enhanced safety, reduction in environmental impacts, including reduced emissions associated 

with allowing UASs, the grant of the requested exemptions is in the public interest. Accordingly, the 
applicant respectfully requests that the FAA grant the requested exemption without delay. AIRCRAFT 

AND EQUIVALENT LEVEL OF SAFETY The applicant proposes that the exemption requested herein apply 

to civil aircraft that have the characteristics and that operate with the limitations listed herein. These 

limitations provide for at least an equivalent or even higher level of safety to operations under the 

current regulatory structure because the proposed operations represent a safety enhancement to the 

already safe operations conducted with conventional aircraft. These limitations and conditions to which 

From Above Rc agrees to be bound when conducting commercial operations under an FAA issued 

exemption include: 1. The sUAS will weigh less than 55 lbs. 2. Flights will be operated within line of sight 

of a pilot and/or observer. 3. Maximum total flight time for each operational flight will be 45 minutes. 

Flights will be terminated at 25% battery power reserve should that occur prior to the 45 minute limit. 4. 

Flights will be operated at an altitude of no more than 400 feet AGL or, not more than 200 feet above an 

elevated platform from which filming is planned. 5. Minimum crew for each operation will consist of the 

sUAS Pilot, the Visual Observer, and/or the Camera Operator. 6. sUAS pilot will meet current FAA 

requirements. This will include 3rd class medical and valid drivers license meet the Sport Pilot 

requirements. 7. sUAS Pilot will be Pilot in Command (PIC). If a pilot other than the sUAS Pilot, who 

possess the necessary PIC qualifications, is also present (i.e. the Visual Observer), that person can also 

be designated as the PIC. 8. The UAS will only operate within a confined “Sterile Area” of the flight 

operations area. 9. A briefing will be conducted in regard to the planned sUAS operations prior to each 

day’s activities. It will be mandatory that all personnel who will be performing duties within the 

boundaries of the safety perimeter be present for this briefing. 10. The operator will obtain the consent 

of all persons involved and ensure that only consenting persons will be allowed within 100 feet of the 

flight operation, and this radius may be reduced to 30 feet based upon an equivalent level of safety 

determination. 11. Pilot and observer will have been trained in operation of UAS generally and received 

up-to-date information on the particular UAS to be operated. 12. Observer and pilot will at all times are 

able to communicate by voice and/or text. 13. Written and/or oral permission from the relevant 

property holders will be obtained. 14. All required permissions and permits will be obtained from 

territorial, state, county or city jurisdictions, including local law enforcement, fire, or other appropriate 

governmental agencies. 15. If the sUAS loses communications or loses its GPS signal, the UAS will have 

capability to return to a pre-determined location within the Security Perimeter and land. 16. The sUAS 

will have the capability to abort a flight in case of unpredicted obstacles or emergencies. 14 C.F.R. Part 

21, Subpart H: Airworthiness Certificates 14 C.F.R. §91.203 (a) (1) Subpart H, entitled 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 aircraft to 

be utilized by the Applicant, an exemption from Part 21 Subpart H meets the requirements of an 

equivalent level of safety under Part 11 and Section 333 of the Reform Act. The Federal Aviation Act (49 

U.S.C.§44701 (f)) and Section 333 of the Reform Act both authorize the FAA to exempt aircraft from the 

requirement for an airworthiness certificate, upon consideration of the size, weight, speed, operational 

capability, and proximity to airports and populated areas of the particular UAS. In all cases, an analysis 

of these criteria demonstrates that the UAS operated without 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 sUAS to be operated hereunder is less than 55 lbs. fully 

loaded, carries neither a pilot nor passenger, carries no explosive materials or flammable liquid fuels, 

and operates exclusively within a secured area as set out in the Manual. Unlike other civil aircraft, 

operations under this exemption will be tightly controlled and monitored by both the operator, 

pursuant to the Manual’s requirements, and under the requirements and in compliance with local public 

safety requirements, to provide security for the area of operation as is now done with conventional 

filming. The FAA will have advance notice of all operations. These safety enhancements, which already 
apply to civil aircraft operated in connection with motion picture and television production, provide a 

greater 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 of these 

same criteria demonstrates that there is no credible threat to national security posed by the UAS, due to 

its size, speed of operation, location of operation, lack of explosive materials or flammable liquid fuels, 

and inability to carry a substantial external load. 14 C.F.R. § 45.23 (b). Marking of the Aircraft The 

regulation requires: When marks include only the Roman capital letter "N" and the registration number 

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

certificated aircraft, the operator must also display on that aircraft near each entrance to the cabin, 

cockpit, or pilot station, in letters not less than 2 inches nor more than 6 inches high, the words 

"limited," "restricted," "light-sport," "experimental," or "provisional," as applicable. Even though the 

UAS will have no airworthiness certificate, an exemption may be needed as the UAS will have no 

entrance to the cabin, cockpit or pilot station on which the word “Experimental” can be placed. Given 

the size of the sUAV, two-inch lettering will be impossible. The word “Experimental” will be placed on 

the fuselage in compliance with §45.29 (f). The equivalent level of safety will be provided by having the 

sUAV marked on its fuselage as required by §45.29 (f) where the pilot, observer and others working with 

the sUAV will see the identification of the UAS as “Experimental.” The FAA has issued the following 

exemptions to this regulation to Exemptions Nos. 10700, 8738, 10167 and 10167A. 14 C.F.R. § 61.113 (a) 

& (b): Private Pilot Privileges and Limitations: Pilot in Command. Sections 61.113 (a) & (b) limit private 

pilots to non-commercial operations. Because the UAS will not carry a pilot or passengers, the proposed 

operations can achieve the equivalent level of safety of current operations by requiring the PIC 

operating the aircraft to have a private pilot’s license rather than a commercial pilot’s license to operate 

this small UAS. Unlike a conventional aircraft that carries the pilot and passengers, the sUAS is remotely 

controlled with no living thing on board. The area of operation is controlled and restricted, and all flights 

are planned and coordinated in advance. The level of safety provided by the requirements included in 

the Manual exceeds that provided by a single individual holding a commercial pilot’s certificate 

operating a conventional aircraft. The risks associated with the operation of the sUAS are so diminished 

from the level of risk associated with commercial operations contemplated by Part 61 when drafted, 

that allowing operations of the sUAS as requested with a private pilot as the PIC exceeds the present 

level of safety achieved by 14 C.F.R. §61.113 (a) & (b). 14 C.F.R. §91.7(a): Civil aircraft airworthiness. The 

regulation requires that no person may operate a civil 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 of the aircraft and the 

requirements contained in the Manual for maintenance and use of safety check lists prior to each flight, 

as set forth in Sections J, L and Q, an equivalent level of safety will be provided. 14 C.F.R. § 91.9 (b) (2): 

Civil Aircraft Flight Manual in the Aircraft. Section 91.9 (b) (2) provides: No person may operate a U.S.-

registered civil aircraft ... (2) For which an Airplane or Rotorcraft Flight Manual is not required by §21.5 

of this chapter, unless there is available in the aircraft a current approved airplane or Rotorcraft Flight 

Manual, approved manual material, markings, and placards, or any combination thereof. The sUAS, 

given its size and configuration has no ability or place to carry such a flight manual on the aircraft, not 

only because there is no pilot on board, but because there is no room or capacity to carry such an item 

on the aircraft. The equivalent level of safety will be maintained by keeping the flight manual at the 

ground control point where the pilot flying the sUAS will have immediate access to it. The FAA has 

issued the following exemptions to this regulation: Exemption Nos. 8607, 8737, 8738, 9299, 9299A, 

9565, 9565B, 10167, 10167A, 10602, 32827, and 10700. 14 C.F.R. § 91.103: Preflight action This 

regulation requires each pilot in command to take certain actions before flight to insure the safety of 

flight. As FAA approved rotorcraft flight manuals will not be provided for the aircraft an exemption will 

be needed. The PIC will take all actions including reviewing weather, flight battery requirements, landing 
and takeoff distances and aircraft performance data before initiation of flight. 14 C.F.R. §91.109: Flight 

instruction: Section 91.103 provides that no person may operate a civil aircraft (except a manned free 

balloon) that is being used for flight instruction unless that aircraft has fully functioning dual controls. 

sUASs and remotely piloted aircraft, by their design do not have fully functional dual controls. Flight 

control is accomplished through the use of a control box that communicates with the aircraft via radio 

communications. The FAA has approved exemptions for flight training without fully functional dual 

controls for a number of aircraft and for flight instruction in experimental aircraft. See Exemption 

Nos.5778K & 9862A. The equivalent level of safety provided by the fact that neither a pilot nor 

passengers will be carried in the aircraft and by the size and speed of the aircraft. 14 C.F.R. §91.119: 

Minimum safe altitudes Section 91.119 establishes safe altitudes for operation of civil aircraft. Section 

91.119 (d) allows helicopters to be operated at less than the minimums prescribed, provided the person 

operating the helicopter complies with any route or altitudes prescribed for helicopters by the FAA. As 

this exemption is for a sUAS that is a helicopter and the exemption requests authority to operate at 

altitudes up to 400 AGL, or not more than 200 above an elevated platform from which filming is 

planned, an exemption may be needed to allow such operations. As set forth herein, except for the 

limited conditions stated in the Manual, the UAS will never operate at higher than 400 AGL. It will 

however be operated in a restricted area with security perimeter, where buildings and people will not 

be exposed to operations without their pre-obtained consent. The equivalent level of safety will be 

achieved given the size, weight, and speed of the UAS as well as the location where it is operated. No 

flight will be taken without the required permission of the property owner or local officials. Because of 

the advance notice to the property owner and participants in the aerial activity, all affected individuals 

will be aware of the planned flight operations. Compared to flight operations with aircraft or rotorcraft 

weighting far more than the maximum 55lbs. proposed herein and the lack of flammable fuel, any risk 

associated with these operations is far less than those presently presented with conventional aircraft 

operating at or below 500 AGL other industries. In addition, the low-altitude operations of the sUAS will 

ensure separation between these small-UAS operations and the operations of conventional aircraft that 

must comply with Section 91.119. 14 C.F.R. §91.121 Altimeter Settings This regulation requires each 

person operating an aircraft to maintain cruising altitude by reference to an altimeter that is set “...to 

the elevation of the departure airport or an appropriate altimeter setting available before departure.” 

As the sUAS may not have a barometric altimeter, but instead a GPS altitude read out, an exemption 

may be needed. An equivalent level of safety will be achieved by the operator, pursuant to the Manual 

and Safety Check list, confirming the altitude of the launch site shown on the GPS altitude indicator 

before flight. 14 C.F.R. § 91.151(a): Fuel Requirements for Flight in VFR Conditions Section 91.151 (a) 

prohibits an individual from beginning “a flight in an airplane under VFR conditions unless (considering 

wind and forecast weather conditions) there is enough fuel to fly to the first point of intended landing, 

and, assuming normal cruising speed – (1) During the day, to fly after that for at least 45 minutes; or (2) 

At night, to fly after that for at least 45 minutes.” The battery powering the sUAS provides 

approximately 40 minutes of powered flight. To meet the 30-minute reserve requirement in 14 CFR 

§91.151, sUAS flights would be limited to approximately 10 minutes in length. Given the limitations on 

the UAS’s proposed flight area and the location of its proposed operations within a predetermined area, 

a longer time frame for flight in daylight or night VFR conditions is reasonable. Applicant believes that an 

exemption from 14 CFR §91.151(a) falls within the scope of prior exemptions. See Exemption 10673 

(allowing Lockheed Martin Corporation to operate without compliance with FAR 91.151 (a)). Operating 

the small UAS, in a tightly controlled area where only people and property owners or official 

representatives who have signed waivers will be allowed, with less than 30 minutes of reserve fuel, does 

not engender the type of risks that Section 91.151(a) was intended to alleviate given the size and speed 

of the small UAS. Additionally, limiting sUAS flights to 10 minutes would greatly reduce the utility for 

which the exemption will be granted. Applicant believes that an equivalent level of safety can be 
achieved by limiting flights to 45 minutes or 25% of battery power whichever happens first. This 

restriction would be more than adequate to return the sUAS to its planned landing zone from anywhere 

in its limited operating area. Similar exemptions have been granted to other operations, including 

Exemptions 2689F, 5745, 10673, and 10808. 14 C.F.R. §91.203 (a) and (b): Carrying Civil Aircraft 

Certification and Registration The regulation provides in pertinent part: (a) Except as provided in § 

91.715, no person may operate a civil aircraft unless it has within it the following: (1) An appropriate and 

current airworthiness certificate. . . . (b) No person may operate a civil aircraft unless the airworthiness 

certificate required by paragraph (a) of this section or a special flight authorization issued under §91.715 

is displayed at the cabin or cockpit entrance so that it is legible to passengers or crew. The UAS fully 

loaded weighs no more than 55 lbs and is operated without an onboard pilot. As such, there is no ability 

or place to carry certification and registration documents or to display them on the sUAS. An equivalent 

level of safety will be achieved by keeping these documents at the ground control point where the pilot 

flying the sUAS will have immediate access to them, to the extent they are applicable to the sUAS. The 

FAA has issued numerous exemptions to this regulation. A representative sample of other exceptions 

includes Exemption Nos. 9565, 9665, 9789, 9789A, 9797, 9797A, 9816A, and 10700. 14 C.F.R. §91.405 

(a); 407 (a) (1); 409 (a) (2); 417(a) & (b): Maintenance Inspections These regulations require that an 

aircraft operator or owner “shall have that aircraft inspected as prescribed in subpart E of this part and 

shall between required inspections, except as provided in paragraph (c) of this section, have 

discrepancies repaired as prescribed in part 43 of this chapter...,” and others shall inspect or maintain 

the aircraft in compliance with Part 43. Given that these section and Part 43 apply only to aircraft with 

an airworthiness certificate, these sections will not apply to the applicant. The operator pursuant to the 

flight manual and operating handbook will accomplish maintenance. An equivalent level of safety will be 

achieved because these small UASs are very limited in size and will carry a small payload and operate 

only in restricted areas for limited periods of time. If mechanical issues arise the UAS can land 

immediately and will be operating from no higher than 400 feet AGL. As provided in the Manual, the 

operator will ensure that the UAS is in working order prior to initiating flight, perform required 

maintenance, and keep a log of any maintenance performed. Moreover, the operator is the person most 

familiar with the aircraft and best suited to maintain the aircraft in an airworthy condition to provide the 

equivalent level of safety. ********* Pursuant to 14 C.F.R. Part 11, the following summary is provided 

for publication in the Federal Register, should it be determined that publication is needed: Applicant 

seeks an exemption from the following rules: 14 C.F.R. §21, subpart H; 14 C.F.R 45.23(b);14 C.F.R. §§ 

61.113( a) & (b);91.7 (a); 91.9 (b) (2);91.103(b);91.109; 91.119; 91.121; 91.151(a);91.203(a) and (b); 

91.405 (a); 91.407 (a) (1); 91.409 (a) (2); 91.409 (a) (2) and 91.417 (a) & (b) to operate commercially a 

small unmanned vehicle (55lbs or less). Approval of exemptions allowing commercial operations of 

sUASs, will enhance safety by reducing risk. Conventional operations, using jet or piston power aircraft, 

operate at extremely low altitudes just feet from the subjects being filmed and in extreme proximity to 

people and structures and present the risks associated with vehicles that weigh in the neighborhood of 

4,000lbs, carrying large amounts of jet A or other fuel. Such aircraft must fly to and from the operational 

location. In contrast, a sUAS weighing fewer than 55 lbs. and powered by batteries eliminates virtually 

all of that risk given the reduced mass and lack of combustible fuel carried on board. The sUAS is carried 

to the operation site and not flown. The sUAS will carry no passengers or crew and, therefore, will not 

expose them to the risks associated with manned aircraft flights. The operation of small UASs, weighting 

less than 55 lbs., conducted in the strict conditions outlined above, will provide an equivalent level of 

safety supporting the grant of the exemptions requested herein, including exempting the applicant from 

the requirements of Part 21 and allowing commercial operations. These lightweight aircraft operate at 

slow speeds, close to the ground, and in a sterile environment and, as a result, are far safer than 

conventional operations conducted with turbine helicopters operating in close proximity to the ground 

and people. Privacy All flights will occur over private or controlled access property with the property 
owner’s prior consent and knowledge. Filming will be of people who have also consented to being 

filmed or otherwise have agreed to be in the area where filming will take place. The grant of this 

exemption request will provide improved safety in both day and night operations. Satisfaction of the 

criteria provided in Section 333 of the Reform Act of 2012- -size, weight, speed, operating capabilities, 

proximity to airports and populated areas and operation within visual line of sight and national security 

– provide more than adequate justification for the grant of the requested exemptions allowing 

commercial operation of applicant’s UAS.

From Above RC

24511 Daisy Run San Antonio, TX 78255

Solomon Nieves

210-833-2022

Solomonnieves0014@gmail.com