February 1, 2016 

U.S. Department of Transportation 

Docket Management System 

1200 New Jersey Ave., SE 

Washington, DC 20590 

Above 360, LLC 

Contact Person: Yvette Land 

5 Franklin Avenue 

Gillette, Wyoming 82716 

Phone: (307)299-6329 

Re: Petition for Exemption under Section 333 of the FAA Modernization and Reform Act of 2012 and 

14 CFR Part 11 of the Federal Aviation Regulations 

Dear Sir or Madam: 

Please find enclosed the Petition for Exemption under Section 333 of the FAA Modernization and 

Reform Act of 2012 and 14 CFR Part 11 of the Federal Aviation Regulations for Above 360, LLC. If you 

have any questions about our petition or if you need any further information, please contact me by 

phone at (307)299-6329 or via email at yaland89@gmail.com. I will be happy to assist you in any way I 

can. Thank you for your consideration. 

Respectfully, 

~\)~-~ Yvette Land 

Secretary, Above 360, LLC 

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February 1, 2016 

U.S. Department of Transportation 

Docket Management System 

1200 New Jersey Ave., SE 

Washington, DC 20590 

Re: Request for Exemption under Section 333 of the FAA Modernization and Reform Act of 2012 and 

14 CFR Part 11 of the Federal Aviation Regulations 

Dear Sir or Madam: 

Above 360, LLC, is a Limited Liability Company formed under the State law~ of Wyoming on January 13, 

2016. Pursuant to Section 333 of the FAA Modernization and Reform Act of 2012 (the "Reform Act") 

and 14 CFR Part 11, Above 360, LLC requests exemption from the Federal Aviation Regulations outlined 

below in order to legally operate an Unmanned Aircraft System (UAS) for commercial purposes in the 

National Airspace System. 

Name and Address of Petitioner: 

Above 360, LLC 

Contact Person: Yvette Land 

5 Franklin Ave. 

Gillette, Wyoming 82716 

Phone: (307)299-6329 

Email: yaland89@gmail.com 

Proposed Operations 

Above 360, LLC (hereinafter referred to as Above 360 or the Petitioner) proposes to utilize an UAS for 

the purposes of commercial aerial photography and videography inspections, surveying, and data 

collection in industrial settings such as mines, power plants, grain storage, and material conveyance. 

Examples of specific applications for which Above 360 proposes to utilize the UAS are to inspect (via 

photography and/or videography) conveyor systems, silos, power plant stacks, construction projects, 

boilers, and boiler cooling towers which are at considerable heights or are in areas in which it would be 

extremely difficult, dangerous, time consuming and/or costly for personnel to reach for the same 

purposes. The photographs and/or videos taken of the structures by the Petitioner will be provided to a 

structural engineer for evaluation of the stability of the structure. 

Public Interest 

Operations proposed by Above 360 would be far safer and more cost effective for our customers and 

the public than using other methods. Safety issues that jeopardize personnel in the industrial setting or 

the public in general could be easily identified and inspections could be performed more frequently than 

if the inspections were performed in another manner. Examples of safety issues that could be identified 

include cracks in a silo's internal or exterior walls which compromise the integrity of the structure; 

damage to the underside of an elevated conveyor system; and damage in a power plant boiler from 

which super-heated steam could escape. All of these safety issues could prove to be injurious or fatal to 

personnel in the area if they are not identified and mitigated. Methods used to do the inspections 

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currently include personnel working in harnesses at considerable heights or in dangerous situations . 

These areas are not accessible to regular aircraft. 

Controlled Areas and Conditions and Small UAS Proposed Rulemaking 

Above 360 is very concerned with the safety of personnel and equipment in the areas in which it 

proposes to use an UAS. Thus its operation of the proposed UAS's will be in a manner consistent with 

the major provisions outlined in the Federal Aviation Administration's (FAA's) Small UAS Notice of 

Proposed Rulemaking (NPRM) as follows: 

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The UAS will weigh LESS than 55 lbs.; 

The UAS will be operated in visual line-of-sight of the operator or the visual observer; 

At all times the UAS will remain close enough for the operator to see it unaided by any device 

other than corrective lenses; 

The UAS will NOT be operated over any persons not directly involved in its operation; 

The UAS will only be operated during daylight hours; 

The UAS operator will yield right-of-way to other aircraft, manned or unmanned; 

A visual observer will be utilized; 

A first-person view camera will be utilized, but it will not be relied upon to meet the 11See-andavoid" requirement; 

The UAS will NOT exceed 100 MPH; 

The UAS will NOT exceed an altitude of 500 feet above ground level; 

The UAS will only be flown when weather visibility is at least 3 miles from control station; 

The UAS will NOT be operated in Class A airspace; 

Any operations in Class B, C, D and E airspace will only be performed with the required ATC 

permission; 

No person will operate more than one UAS at one time; 

The UAS will NOT be operated in a careless or reckless manner; 

A preflight inspection will be performed on the UAS and documented by the operator prior to 

every flight; 

The operator will NOT operate the UAS if he/she knows or has reason to know of any physical or 

mental condition that would interfere with the safe operation of the UAS; 

The operator of a UAS will be required to successfully complete a course on the safe use of an 

UAS; 

The operator will be vetted by the Transportation Security Administration (TSA); 

The operator will obtain an unmanned aircraft operator certificate; 

The operator will be required to successfully complete a recurrent course on the safe use of a 

UAS every 2 years; 

The operator will be at least 17 years of age; 

The UAS will be made available to the FAA (upon request) the UAS for inspection or testing and 

any associated documents/records required to be kept under the proposed rule; and 

The operator will report any UAS accident that results in injury or property damage within 10 · 

days of the accident . 

In addition, the UAS will NOT be operated within 5 miles of any airports. 

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There are few, if any, people in the areas in which Above 360 proposes to operate an UAS. If there are 

personnel in the area they will be evacuated, if possible. If it isn't possible for them to leave, the visual 

observer will notify them that the UAS will be in use and to be aware of its location. In addition, the 

visual observer will monitor their location to insure their safety while the UAS is in use. 

Proposed Unmanned Aircraft System (UAS) 

The Petitioner proposes to use two (2) types of UAS, the DJI Inspire T600 quadcopter and the DJI 

Phantom 3 Professional quadcopter: 

The DJIInspire weighs approximately 7.51bs. fully loaded. Its maximum speed is 18 meters/second and 

its maximum flight time is approximately 15 minutes with each battery. Its maximum ascent speed is 5 

meters/second and its maximum descent speed is 4 meters/second. The OJ I Inspire will be controlled 

via a remote controller with an I PAD or cell phone for visuals through the gimbal and camera. The 

remote control is FCC Compliant up to 3.1 miles and CE Compliant up to 2.1 miles (unobstructed and 

free of interference). Its operating frequencies are 5.725-5.825GHz and 2.400-2.483 GHz. The gimbal 

and camera are a Zen muse X5 with a Type 4/3 CMOS sensor. See Attachment A, Inspire 1 Pro User 

Manual, for additional information. 

The DJI Phantom 3 Professional weighs 2.82 lbs. fully loaded. Its maximum speed is 16 meters/second 

and its maximum flight time is approximately 23 minutes with each battery. Its maximum ascent speec:f 

is 5 meters/second and its maximum descent speed is 3 meters/second. The Phantom 3 Professional will 

be controlled via remote control with an I PAD or cell phone for visuals through the gimbal and camera. 

The remote control is FCC Compliant up to 3.1 miles and CE Compliant up to 2.1 miles (unobstructed and 

free of interference). Its operating frequency is 2.400 GHz-2.483 GHz. The camera has a Sony EXMOR 

1/2.3" sensor. See Attachment B, Phantom 3 Professional User Manual, for additional information. 

Specific Sections of Title 14, Code of Federal Regulations, from which Petitioner is Requesting an 

Exemption: 

14 CFR Part 21, Subpart H: Airworthiness Certificates 

This section establishes the procedural requirement for the issuance of airworthiness certificates as 

required by 14 CFR §91.203(a)(1). 

Reason for Exemption: 

Given the size, weight, and speed of the UAS's Above 360 proposes to utilize and the limited 

area and conditions in which they propose to operate, it is their opinion that obtaining an 

airworthiness certificate is not necessary. To meet the intent of the regulation Above 360 

proposes to determine airworthiness of the proposed UAS's by requiring the pilot in command 

(PIC) to do a preflight check of the unit and mitigating any safety or mechanical concerns prior 

to each flight. The Petitioner believes their operation of either of the proposed UAS's with the 

precautions outlined herein will be at least as safe, or safer, than a conventional aircraft (fixed 

wing or rotorcraft) operating with an airworthiness certificate. Thus, the Petitioner believes an 

exemption from this regulation, with the conditions outlined herein, is w~rranted and meets the 

requirements for an equivalent level of safety under 14 CFR Part 11 and Section 333. 

14 CFR Part 45.23(b): 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 

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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," 1'experimental," or "provisional," as applicable. 

Reason for Exemption: 

Due to the size of the UAS's Above 360 will be operating and the fact that there is no cabin, 

cockpit or pilot station in the UAS it is not possible to label the UAS's as outlined in this section. 

Above 360 will ensure compliance with § 45.29(f) to meet the intent of the regulation by 

displaying the registration number in the largest practicable lettering. Thus, the Petitioner 

believes an exemption from this regulation, with the conditions outlined herein, is warr.anted 

and meets the requirements for an equivalent level of safety under 14 CFR Part 11 and Section 

333. 

14 CFR Part 61.113(a) and (b) prescribe that: 

(a) no person who holds a private pilot certificate may act as a pilo't in command of an aircraft 

that is carrying passengers or property for compensation or hire; nor may that person, for 

compensation or hire, act as a pilot in command of an aircraft. 

(b) A private pilot may, for compensation or hire, 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 for hire. 

Reason for Exemption: 

Given the size, weight, and speed of the UAS's Above 360 proposes to utilize; the limited area 

and conditions in which they propose to operate; and the fact that no passengers will be on 

board, the.Petitioner asserts that a pilot in command (PIC) who holds a pri:vate, recreational or 

sport pilot certificate and a valid driver's license could operate either of the proposed UAS's at a 

level that is at least as safe, or safer, than a conventional aircraft (fixed wing or rotorcraft) being 

operated by a PIC with a commercial pilot's license. Additionally the PIC will possess a current 

FAA airman medical certificate. Thus, the Petitioner believes an exemption from this regulation, 

with the conditions outlined herein, is warranted and meets the requirements for an equivalent 

level of safety under 14 CFR Part 11 and Section 333. 

14 CFR Part 91.7(a) prescribes, in pertinent part, that no person may operate a civil aircraft unless it is in 

an airworthy condition; 

Reason for Exemption: 

Given the size, weight, and speed of the UAS's Above 360 proposes to utilize and the limited 

area and conditions in which they propose to use them, the Petitioner proposes to determine 

airworthiness of the proposed UAS's by requiring the PIC to do a preflight check of the unit and 

mitigating any safety or mechanical concerns prior to each flight. Thus, the Petitioner believes 

an exemption from the requirement for an airworthiness certificate, with the conditions 

outlined herein, is warranted and meets the requirements for an equivalent level of safety 

under 14 CFR Part 11 and Section 333 . 

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14 CFR Part 91.9(b)(2) prohibits operation of US registered civil aircraft 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.; 

Reason for Exemption: 

Given the size of the UAS's Above 360 proposes to utilize it is not possible for a flight manual to 

be carried in the unit. The Petitioner proposes to meet the inte.nt of this requirement by 

insuring that the appropriate user manual will be kept with each UAS for the PIC to reference at 

time of use. Thus, the Petitioner believes an exemption from this regulation, with the 

conditions outlined herein, is warranted and meets the requirements for an equivalent level of 

safety under 14 CFR Part 11 and Section 333. 

14 CFR Part 91.103 Preflight action; 

This regulation requires preflight actions including communicating with ATC, determining runway 

lengths and runway slopes at intended airports, researching information from flight manuals, etc. 

Reason for Exemption: 

Given that the UAS's Above 360 proposes to utilize will not be operated in or around airports, 

will not be using any runways, and do not have flight manuals, the Petitioner asserts the 

majority of this regulation is not applicable to their proposed UAS's. To meet the intent of the 

regulation the Petitioner proposes to take all preflight actions as set forth in the user manual 

appropriate to the UAS being utilized. These preflight actions will include doing a preflight check 

of the UAS, assessing weather conditions, flight battery requirements, and area necessary for 

safe landing of the aircraft. Thus, the Petitioner believes an exemption from this regulation, . 

with the conditions outlined herein, is warranted and meets the requirements for an equivalent 

level of safety under 14 CFR Part 11 and Section 333. 

14 CFR Part 91.105 Flight crewmembers at stations: 

This regulation outlines the requirements for flight crewmembers in aircrafts. 

Reason for Exemption: 

No crewmembers or passengers will be flying in the UAS's Above 360 proposes to utilize, thus, 

the Petitioner believes an exemption from this regulation is warranted and meets the 

requirements for an equivalent level of safety under 14 CFR Part 11 and Section 333. 

14 CFR Part 91.109 Flight instruction: 

This regulation requires, in pertinent part, that no person may operate a civil aircraft that is being used 

for flight instruction unless that aircraft has fully functional dual controls. 

Reason for Exemption: 

The UAS's Above 360 proposes to utilize are operated by remote control and do not have dual 

controls. Additionally, they will never be carrying any crew or passengers. However, any training 

done with the proposed UAS's will be done under the direct supervision by the appropriately 

trained PIC. Thus, the Petitioner believes an exemption from this regulation, with the conditions 

outlined herein, is warranted and meets the requirements for an equivalent level of safety 

under 14 CFR Part 11 and Section 333 . 

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14 CFR Part 91.119(c) prescribes, in pertinent part, that except when takeoff or landing, no person may 

operate an aircraft below the following altitudes: (c) Over other than congested areas. An altitude of 

500 feet above the surface, except over open water or sparsely populated area. In those cases, the 

aircraft may not be operated closer than 500 feet to any person, ve'ssel, vehicle or structure. 

Reason for Exemption: 

With particular regard to the requirement to be 500 feet away from vessels and structures, 

Above 360 proposes to utilize the UAS's specifically to inspect industrial structures (i.e. silos, 

conveyors, and boiler cooling towers, etc.) and vessels (i.e. boilers, water tanks, etc.) for 

dangerous compromises in the structures or vessels themselves. This 500 feet requirement will 

not allow for the detailed photographs and/or videos required for the structural engineer to 

determine the stability of the structure. These structures are industrial, being constructed 

almost exclusively of concrete and steel. They are located in very sparsely populated locations. 

There is little (if any) risk of damage to the structure should one of the proposed UAS's get too 

close. Especially given the size of the proposed UAS's (one weighing 7.5 lbs. and the other 

weighing under 31bs.) These structures and vessels are generally inspected very infrequently 

due to the hazards involved in putting personnel in close enough proximity to do the inspections 

in person. It is in the public's interest for the FAA to grant Above 360 an exemption to this 500 

feet distance requirement to structures and vessels because frequent inspections can identify 

major issues with them which may otherwise go unnoticed. Infrequent (or nonexistent) 

inspections can result in catastrophic structural failures which may endanger both people and 

property. See Attachment C for information on these types of failures, including information 

from MSHA on structural failures and three (3) examples of fatal accidents involving silo 

collapses. Two (2) of these accidents occurred in 2015. 

To meet the intent of this regulation the PIC will carefully assess the location to be inspected to 

insure any hazards involved in the UAS approach are mitigated as much as possible. Except for 

personnel essential to the inspection, the area around the inspection location will be vacated to 

at least 500 feet away. The UAS will always be maintained at a distance at least 5 feet from the 

structure or vessel being inspected. The PIC and visual observer will give specific attention to 

insuring this distance is maintained. The UAS will be maintained at least 500 feet away from 

vehicles and people not essential to the inspection. The Petitioner asserts that by following 

these precautions and under the limited conditions proposed by the Petitioner, operating the 

proposed UAS's will be at least as safe, or safer, than a conventional aircraft (fixed wing or, 

rotorcraft) operating at the distances required by this regulation. In addition, the Petitioner 

believes that the safety benefit gained in using an UAS versus a human for the suggested 

purposes far outweighs any concerns over the proximity the UAS will be in to the structures or 

vessels being inspected. 

The FAA's Small UAS Notice of Proposed Rulemaking establishes a limit of 500 feet above 

ground level and requires the PIC to maintain a visual line of sight with the UAS they operate. 

Given these proposed guidelines, the size of the UAS's Above 360 proposes to utilize, the limited 

conditions and areas in which Above 360 proposes to use the UAS's and the purposes for which 

Above 360 proposes to use the aircrafts, the Petitioner asserts that an exemption from this 

regulation, under the conditions and with the limitations outlined herein, is warranted and 

meets the requirements for an equivalent level of safety under 14 CFR Part 11 and Section 333. 

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14 CFR Part 91.121 Altimeter settings 

This regulation outlines the required settings for the altimeter on an aircraft. 

Reason for Exemption: 

The altimeter described in the regulations is specific to aircraft that are flying at higher alti.tudes 

than what is proposed by Above 360. To meet the intent of this regulation, the altimeter on 

each of the UAS's proposed by the Petitioner will be set to NOT exceed 500 feet above ground 

level. This is the altitude limit proposed in the Small UAS Notice of Proposed Rulemaking. The 

PIC will monitor and control the altitude throughout each flight via the remote control. The 

Petitioner asserts that by following these precautions and under the limited conditions 

proposed by the Petitioner operating the proposed UAS's will be at least as safe, or safer, than a 

conventional aircraft (fixed wing or rotorcraft) operating with an altimeter set as outlined by this 

regulation. Thus, the Petitioner asserts that an exemption from this regulation is warranted and 

meets the requirements for an equivalent level of safety under 14 CFR Part 11 and Section 333. 

14 CFR Part 91.151 Fuel requirements for flights in VFR conditions: 

This regulation prescribes that: 

(a) No person may begin 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 30 minutes; or 

(2} At night, to fly after that for at least 45 minutes . 

(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. 

Reason for Exemption: 

The total flight time for the DJI Inspire 1 Pro T600 is appro~imately 15 minutes with each 

battery. The total flight time for the DJI Phantom 3 Pro is approximately 23 minutes with each 

battery. This being the case it is not possible for Above 360 to meet this requirement. Both of 

the proposed UAS's have "low" and "critical" battery level warnings. In addition, both of the 

proposed UAS's have "Low Battery Return to Home" features when the battery is depleted to a 

point where it may affect safe landing and "Failsafe Return to Home" features when the remote 

control signal is lost. The Petitioner believes with these precautions and under the limited 

conditions proposed by the Petitioner, operating the proposed UAS's will be at least as safe, or 

safer, than a conventional aircraft (fixed wing or rotorcraft) operating within the fuel 

requirements outlined by the regulations. Thus, the Petitioner believes an exemption from this 

regulation is warranted and meets the requirements for an equivalent level of safety under 14 

CFR Part 11 and Section 333. 

14 CFR Part 91.203(a) prohibits, in pertinent part, any person from operating a civil aircraft unless it has 

within it (1) an appropriate and current airworthiness certificate; and (2) an effective US registration 

certificate issued to its owner or, for operation within the United States, the second copy of the Aircraft 

Registration Application as provided for in§ 47.13(c) . 

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Reason for Exemption: 

Given the size, weight, and speed of the UAS's Above 360 proposes to utilize and the limited 

area and conditions in which they propose to operate, the Petitioner believes that obtaining an 

airworthiness certificate is not necessary. To meet the intent of the regulation Above 360 

proposes to determine airworthiness of the proposed UAS's by requiring the PIC to do a 

preflight check of the unit and mitigating any safety or mechanical concerns prior to each flight. 

Documentation of these preflight checks shall be kept with the UAS. The Petitioner believes 

their operation of either of the proposed UAS's with the precautions outlined herein will be at 

least as safe, or safer, than a conventional aircraft (fixed wing or rotorcraft) operating with an 

airworthiness certificate. Thus, the Petitioner believes an exemption from 14 CFR Part 

91.203(a)(1), under the conditions outlined herein, is warranted and meets the requirements for 

an equivalent level of safety under 14 CFR Part 11 and Section 333. 

Given the size of the UAS's Above 360,proposes to utilize there is no room within either unit for 

any documentation. To meet the intent of this requirement the Petitioner will register all of 

their UAS's with the FAA and a copy of the documentation related to the registration of each 

UAS will be kept with that UAS. Thus, the Petitioner believes an exemption from 14 CFR Part 

91.203(a)(2), under the conditions outlined herein, is warranted and meets the requirements for 

an equivalent level of safety under 14 CFR part 11 and Section 333. 

14 CFR Part 91.203(b} prescribes, in pertinent part, that no person may operate a civil aircraft unless the 

airworthiness certificate 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 . 

Reason for Exemption: 

Given the size of the UAS's Above 360 proposes to utilize there is no room within either unit for 

any documentation. In addition, no passengers or crew will be flying inside either unit. Thus, 

the Petitioner believes an exemption from 14 CFR Part 91.203(b) is warranted and meets the 

requir~ments for an equivalent level of safety under 14 CFR part 11 and Section 333. 

14 CFR Part 91.215(b} outlines the requirements for aircraft to have an ATC Transponder and Altitude 

Reporting Equipment and Use. 

Reason for Exemption: 

The UAS's Above 360 proposes to utilize do not come equipped with a transponder and 

currently no transponders exist that could be installed onto the proposed UAS' s. The Petitioner 

believes that in the controlled areas and under the limited conditions proposed by the 

Petitioner, operati'ng the proposed UAS's will be at least as safe, or safer, than a Gonventional 

aircraft (fixed wing or rotorcraft) operating with an ATC transponder and altitude reporting 

equipment. Thus, the Petitioner believes an exemption from 14 CFR Part 91.21S(b) is warranted 

and meet~ the requirements for an equivalent level of safety under 14 CFR part 11 and Section 

333. 

Relating to Maintenance 

14 CFR Part 91.405(a} requires, in pertinent part, that an aircraft operator or owner shall have that 

aircraft inspected as prescribed in subpart E of the same part and shall between required inspections 

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except as provided in paragraph (c) of the same section, have discrepancies repaired as prescribed in 

part 43 of the chapter. 

14 CFR Part 91.407(a)(1) prescribes, in pertinent part, that no person may operate any aircraft that has 

undergone maintenance, preventive maintenance, rebuilding or alteration unless it has been approved 

for return to service by a person authorized under§ 43.7 of this chapter. 

14 CFR Part 91.409(a)(1) and (2) Inspections prescribes, in pertinent part, that except as provided in 

paragraph (c) of this section, no person may operate an aircraft unless, with the preceding 12 calendar 

months, it has had (1) An annual inspection in accordance with pa~ 43 of this chapter and has been 

approved for return to service by a person authorized by 43.7 of this chapter; or (2) An inspection for 

the issuance of an airworthiness certificate in accordance with part 21 of this chapter. 

14 CFR Part 91.417(a) and (b) Maintenance records 

This regulation outlines, in pertinent part, what maintenance records are required and the length of 

time for which the records shall be retained. 

Reason for Exemptions 

Given the size, weight, and speed of the UAS's Above 360 proposes to utilize and the limited 

area and conditions in which they propose to operate, the Petitioner believes these regulations 

are excessive and place undue burden on the Petitioner. To meet the intent of the regulations 

the Petitioner proposes the following conditions and precautions: 

• The PIC will perform a preflight inspection to determine that the UAS is in a condition 

for safe flight. This inspection will include a review of all systems to determine if any 

components, items or equipment needs repair or maintenance. If any repairs or 

maintenance are required they must be done prior to beginning the scheduled 

activities. The inspection, any findings from that inspection and any required 

maintenance and/or repairs will be documented in the UAS's Flight Notebook prior to 

the initiation of the scheduled activities; 

• If an UAS has undergone maintenance or alterations that affect its operation or flight 

characteristics, it must undergo a functional test flight prior to conducting further 

operations. This test flight must be conducted by the PIC with the visual observer in 

attendance and at least 500 feet from any person or structure to insure no person or 

property are endangered. Any maintenance or alterations and the test flight will be 

documented in the UAS's Flight Notebook; 

• The PIC will conduct a post-flight inspection after each flight to determine if any 

maintenance is required. This inspection will be documented in the UAS's Flight 

Notebook; and 

• The PIC shall follow the UAS's manufacturer's guidelines regarding maintenance, 

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

aircraft components. 

The Petitioner believes that with these maintenance guidelines the UAS's will be at least as safe, 

or safer, than a conventional aircraft (fixed wing or rotorcraft) being maintained as required by 

these regulations. Thus, the Petitioner believes exemptions from 14 CFR Part 91.405(a), 

91.407(a)(1), 91.409(a)(1) and (2) and 91.417(a) and (b), under the conditions outlined herein, 

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are warranted and meet the requirements for an equivalent level of safety under 14 CFR part 11 

and Section 333. 

Summary 

In summation Above 360 respectfully requests exemptions from the following regulations with 

the conditions outlined above:. · 

• 14 CFR Part 21, Subpart H; 

• 14 CFR Part 45.23(b); 

• 14 CFR Part 61.113(a) and (b); 

• 14 CFR Part 91.7(a); 

• 14 CFR Part 91.9(b)(2); 

• 14 CFR Part 91.103; 

• 14 CFR Part 91.105; 

• 14 CFR Part 91.109; 

• 14 CFR Part 91.119(c); 

• 14 CFR Part 91.121; 

• 14 CFR Part 91.151; 

• 14 CFR Part 91.203(a); 

• 14 CFR Part 91.203(b); 

• 14 CFR Part 91.215(b}; 

• 14 CFR Part 91.405(a}; 

• 14 CFR Part 91.407(a)(1); 

• 14 CFR Part 91.409(a)(1} and (2}; and 

• 14 CFR Part 91.417(a) and (b) . 

Considering the public safety benefits that Above 360's services can provide; the limited scope in which 

they intend to operate; and the precautionary measures they intend to take to insure the safety of the 

personnel and property around which they will operate; the Petitioner believes it is in the public's 

interest to grant this petition. 

Please contact us if you have any questions or concerns about this request or the conditions outlined 

herein and we will be happy to provide you with greater detail. We greatly appreciate your timely 

consideration of this request. 

Jo Fischer 

resident, Above 360, LLC 

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