August 28, 2015

Exemption No. 12652

Regulatory Docket No. FAA–2015–1535

Mr. William Kruger

dba Above All Imaging

183 Pelican Circle #1302

Breckenridge, CO 80424

Dear Mr. Kruger:

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 April 24, 2015, you petitioned the Federal Aviation Administration (FAA) on 

behalf of Above All Imaging (hereinafter petitioner or operator) for an exemption. The 

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

photogrammetry, photography, cinematography, industrial inspections, search and rescue, and 

analyses.

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 CarbonCore H650 and DJI F550 Flamewheel.

The petitioner requested relief from 14 CFR part 21, Certification procedures for products 

and parts, Subpart H—Airworthiness Certificates. 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 
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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 finds that the requested 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, Above All Imaging 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.

 

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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Conditions and Limitations

In this grant of exemption, Above All Imaging is hereafter referred to as the operator.

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 CarbonCore H650 

and DJI F550 Flamewheel 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, 
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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 

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.
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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 

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.
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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.

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.
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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.

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This exemption terminates on August 31, 2017, unless sooner superseded or rescinded.

Sincerely,

/s/

John S. Duncan

Director, Flight Standards Service

Enclosures
U.S. Department of Transportation 

Docket Management System 

1200 New Jersey Avenue, S.E. 

West Building Ground Floor, Room W12-140 

Washington, DC 20590 

RE: Docket ID: FAA-2014-1081 

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

and Part 11.81 of the Federal Aviation Regulations 

April 24, 2015

Petitioner: 

William Kruger, DBA Above All Imaging

183 Pelican Circle #1302

Breckenridge, CO 80424

Tel.: 330-606-7593

Email: kruger.will@gmail.com

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 11.81, William Kruger, DBA Above All Imaging, hereby applies 

for an exemption from the listed Federal Aviation Regulations ("FARs") to allow 

commercial operation of its small, unmanned aircraft for photogrammetry, 

photography/cinematography, industrial inspections, search & rescue, and analyses. All 

operations shall be conducted within and under the conditions and limitations outlined 

previously by the FAA as required by Section 333 and conducted in compliance with the 

attached operator’s manuals. 

1. Sections from which exemptions are sought: Application is hereby made for 

exemption from: 

a. 14 CFR Part 21, subpart H 

b. 14 CFR Part 61.113(a) and (b) 

c. 14 CFT Part 91:

i. 91.103(b)(2)

ii. 91.105

iii. 91.109

iv. 91.119

v. 91.121

vi. 91.151

vii. 91.405

viii. 91.407

ix. 91.409

x. 91.417
2. Relief sought:

a. William Kruger, DBA Above All Imaging wishes to operate small Unmanned 

Aircraft Systems (sUAS) for commercial purposes to include (but not be 

limited to) photogrammetry, photography/cinematography, industrial 

inspections, search & rescue, and analyses. This relief is sought because 

commercial use of sUAS is currently prohibited by law unless performed 

under an exemption.

b. This exemption will cover use of the following airframes, all of which will 

weigh less than 55 pounds including payload and energy sources:

i. CarbonCore H650 Foldable Multi-rotor (6-propeller hexagonal frame, 

carbon fiber):

1. Total weight with maximum allowable payload: 9.3lbs.

2. Dimensions: Greatest width: 650mm (25.59in), Height (with 

landing gear): 14.25”

3. Maximum speed: 30kts

4. Battery system (1x 4-cell, 14.8 volt, 16,000maH lithiumpolymer) provides fifteen (15) minutes of flight time, and two 

(2) minutes of reserve flight time.

5. NAZA-M Flight Controller (with GPS and compass) is 

installed on this sUAS, and is the most advanced system 

currently available, with latest firmware release. 

6. Use of First-Person View (“FPV”) for advanced flight safety; 

provides real-time video downlink from sUAS as well as 

critical flight systems status to video monitor on transmitter.

ii. DJI F550 Flamewheel Multi-rotor (6-propeller hexagonal frame, 

plastic/metals):

1. Total weight with maximum allowable payload: 6.5lbs

2. Dimensions: Greatest width: 550mm (21.65in), Height (with 

landing gear): 10.5”

3. Maximum speed: 30kts

4. Battery system (4-cell, 14.8 volt, 5000maH lithium-polymer) 

provides eight (8) to twelve (12) minutes of flight time, and 

one (1) minute of reserve for RTH function if necessary.

5. NAZA-M Flight Controller (with GPS and compass) is 

installed on this sUAS, and is the most advanced system 

currently available, with latest firmware release. 

6. Use of First-Person View (“FPV”) for advanced flight safety; 

provides real-time video downlink from sUAS as well as 

critical flight systems status to video monitor on transmitter.

iii. DJI Phantom 2 (see www.dji.com/product/phantom-2)

iv. Flight Controller and Fail-Safe systems: 

1. The existing flight control technology that William Kruger, 

DBA Above All Imaging utilizes is the DJI NAZA-M Flight 

Controller, which provides these safety features:

a. GPS Attitude Control: Prior to flight operation, the GPS 

records latitude and longitude, and that position 
becomes the origin of flight. Once airborne, the GPS 

holds the sUAS in this position, and does not deviate

from it, unless the operator changes the mode. This 

level of safety safeguards the sUAS, preventing it from 

drifting away, and posing a potential risk of injury or 

damage to property. 

b. Attitude Control: The flight controller disables the GPS, 

and allows operator to control the sUAS in a manner 

consistent with manual flight. The onboard stability 

systems keep sUAS horizontally stabilized, to prevent 

erratic flight performance.

c. Return-to-Home (“RTH”): If the operator, under any 

circumstances, deems the operation of the sUAS to 

become a risk to persons, property, or the sUAS itself, 

the RTH command may be invoked, safely returning 

the sUAS to the origin of flight, subsequently landing 

and powering down autonomously. This feature is a 

design protocol that allows the operator to dismiss 

operation in the event of his or her inability to control 

the sUAS, as in with an emergency situation.

v. Other models to be added by future amendment to this exemption.

3. Public benefit:

a. Use of sUAS technology to obtain imagery, information and data currently 

obtained by use of manned flight or manual methods:

i. Reduces statistical risk to human life due to manned aircraft accidents 

(e.g., infrastructure inspections) and due to other dangerous activities 

that can be avoided (e.g., scaffolding/rigging failures during stack or 

bridge inspections).

ii. Reduces the cost of obtaining such information, which benefits 

consumers and the economy.

iii. Reduces environmental impact by eliminating sources of hydrocarbon 

emissions from manned aircraft.

4. Safety not adversely affected:

a. Aircraft will be registered and marked in accordance with Section 44711 and 

Part 47 and Part 45, Subpart C.

b. Aircraft will comply with maintenance and inspection requirements of the 

manufacturer. All repair and maintenance work will be conducted or approved 

by qualified personnel such as those authorized by Robotic Skies (or 

equivalent), and will require a test flight after such work. Records of all 

maintenance and repair work will be kept in a maintenance log for each 

aircraft.

c. All flight operations will be conducted by at least two individuals (PIC and 

observer) who will maintain verbal communication capability with each other 
at all times during the flight, and who will remain stationary on the ground

during the flight operations:

i. A Pilot In Command (PIC) who possess the following credentials:

1. An Airman Certificate issued under 14 CFR 61 (private pilot 

license) screened by the TSA.

2. A Third Class medical certificate issued under 14 CFR 67.

3. A bi-annual flight review under 14 CFR 61.56

4. Successful completion of a UAS knowledge test in a specified 

form.

5. At least 200 cycles and 25 hours of flight experience in a UAS 

rotorcraft (or UAS fixed-wing in the case of fixed-wing flight 

operations under this exemption). Such cycles and hours may 

be gained during flights under this exemption if a safe distance 

is maintained from persons in accordance with 14 CFR 91.119.

6. At least 5 hours of flight experience and 3 takeoffs and 

landings in make and model being flown in the prior 90 days. 

Such cycles and hours may be gained during flights under this 

exemption if a safe distance is maintained from persons in

accordance with 14 CFR 91.119.

ii. A Visual Observer.

iii. A Sensor Operator as necessary.

d. All operations will be conducted in accordance with valid Certificates of 

Authorization.

e. All flight operations will comply with the following:

i. The manufacturers’ user manuals.

ii. William Kruger, DBA Above All Imaging Flight Operations and 

Procedures Manual (FOPM) and Aircraft Flight Manuals (AFM), 

which include lost communication and other emergency and safety 

procedures.

iii. Conducted in VMC conditions during daylight hours.

iv. PIC and VO will maintain VLOS at all times.

v. Pre-flight inspections (including ground control station, if any) and 

safety risk assessments will be conducted prior to each flight.

vi. Flight altitudes will remain below 400 feet above ground level.

vii. Flight ground speeds will not exceed 50 knots.

viii. Not intrude into Class B, C or D airspace, or published approach, SID 

or STAR, or take place within 5 nautical miles of an airport.

ix. Not be made near persons as required in 14 CFR 91.119 and not over 

persons on the ground without their prior permission.

x. Each flight will be logged in both the PIC’s logbook and the aircraft 

logbook.

xi. Not exceed 75% of the battery or fuel capacity of the aircraft, or 30 

minutes, whichever occurs first.

xii. Any incidents will be reported within 24 hours of occurrence.
xiii. William Kruger, DBA Above All Imaging will maintain liability 

insurance of at least $1,000,000 issued by a major aviation insurance 

underwriter.

xiv. Any applicable local FSDO requirements.

xv. All other applicable regulations concerned with the operation of

aircraft.

f. Aircraft will use FCC compliant 2.4 GHz for command & control of the 

aircraft with well-defined and tested lost link procedures. 

Please advise us of any additional information or changes that may be required.

Sincerely, 

William Kruger

DBA Above All Imaging