Adam	White Above	Ground	Aerial	Photography	&	Video
182	Carver	Falls	Rd. Fayetteville,	NC	28311

November	30 th 2015

U.	S.	Department	of	Transportation Docket	Management	System 1200	New	Jersey	Ave., SE	Washington,	DC	20590

Pursuant	to	Section	333	of the	FAA	Modernization	and	Reform	Act	of	2012	and	14	C.F.R. Part	11,	I, Adam	White

, a	media	specialist, preparing	this	exemption	request	my self,	would like	to	apply	for	an exemption	from	the	following	Code	of	Federal	Regulations	(C.F.R)	to	be
allowed	comm ercial	operation	of	lightweight	Unmanned	Aircraft	Systems	( S UAS)

Exemption Request Pursuant to Section 333 of the FAA Reform Act and Part 11 of the Federal Aviation Regulations from: 14 C.F.R. 21 Subpart H; 14 C.F.R. §45.23(b); 14 C.F.R. §61.113(a) and (b ); 14 C.F.R. §91.7(a); 14 C.F.R. §91.9(b) (2); 14 C.F.R. §91.103(b)(2); 14 C.F.R. §91.109; 14 C.F.R. §91.119(c); 14 C.F.R. §91.121; 14 C.F.R. §91.151(a); 14 C.F.R. §91.203 (a) and (b); 14 C.F.R. §91.405 (a); 14 C.F.R. §91.407 (a) (1) 14 C.F.R. §91.409 (a)( 1) and (2); 14 C.F.R. §91.417(a) and (b)

Commercial operation of a sUAS, as described herein, which are equipped with camera(s) and sensors, would operate in the following

manner:

1. Aerial photography and/or video for public and/or private use including real estate, architecture, land surveying, engineering, and other related professional activities.

2. Aerial video and/or photography for public and/or private use including closed

- set motion picture and television filming, public events, cinematography, and new s gathering.

3. Aerial data collection applications which include mapping, topographical surveying, 3D modeling, and precision agriculture.4. Aerial inspection/photography of residential/commercial

structures.

5. Aerial inspection/photography of residential/com mercial utility infrastructure including but not limited to electrical power lines, wind turbines, and cell towers.

6. Aerial video/photography or providing live video feed to assist with search and rescue operations in cases of an emergency or natural dis aster only when the local authorities or government has requested it by contract or donation.

7. The ability to offer training to persons individually or belonging to both private and/or public organizations that have interests in the use and application o f a sUAS for the purpose of the safe operation of a sUAS to enhance the safety of the National Airspace System (NAS) as well as for the protection of the persons and property.

The requested exemption would permit the operation of a sUAS under controlled

c onditions in the NAS that would be a) limited b) controlled c) predetermined, and d) will provide safety enhancements to the already safe operations in the industry presently using conventional aircraft. Approval of this exemption would thereby enhance saf ety 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.”

Above Ground Aerial Photography & Video proposes to operate the DJi Inspire 1 &
DJi Phantom 3 Professional

1. DJI Inspire 1

– Quadcopter: Dimensions: 17.24 in. x 17.75 in. x 11.85 in. (height) Weight: 6.4 lbs. Maximum Speed: 42 kts Frequency Spectrum: 2.4GHz (control), 5.8GHz (video feed) FCC Compliant

2. DJi Phantom 3 Professional: Dimensions 15in x 15in Weight: 5lbs Max Speed: 24kts Frequency Spectrum: 2.4GHz (control), 5.8GHz (video feed) FCC CompliantRegulations from which the exemptions are requested:

• 14 C.F.R. Part 21 Subpart H • 14 C.F.R. Part 36 Subpart A, F & O

• 14 C.F.R. §45.23 (b) • 14 C.F.R. §61.113 (a) & (b) • 14 C.F.R. §91.7 (a) • 14 C.F.R. §91.9 (b) (2) • 14 C.F.R. §91.103(b)(2) • 14 C.F.R. §91.109

• 14 C.F.R. §91.119 (c) • 14 C.F.R. §91.121 • 14 C.F.R. §91.151 (a) • 14 C.F.R. §91.203 (a) & (b) • 14 C.F.R. §91.405 (a)

• 14 C.F.R. §91.407 (a) (1) • 14 C.F.R. §91.409 (a) (2) • 14 C.F.R. §91.417 (a) & (b)

AIRCRAFT & EQUIVALENT LEVEL OF SAFETY

The applicant seeks to have this exemption cover the sUASs used to carry out the commercial operations described herein which are subject to the limitations proposed in this petition. Above	Ground	Aerial	Photography	&
Video and agrees to the following limi tations and conditions for commercial sUAS operations conducted under a granted FAA exemption:

1. The sUASs will weigh less than 55 lbs.

2. The sUASs will have a maximum operating speed of no more than 55kts.

3. Flights will be operated within line of sight of th e Pilot in Command (PIC) and/or Visual Observer (VO).

4. Maximum flight time for a multi

- rotor sUAS operational flight will be 30 minutes. Flights will be terminated at 25% battery power reserve or 25 minutes of flight time whichever occurs first.

5. Maximum flight time for a fixed wing sUAS operational flight will be 40 minutes. Flights will be terminated at 25% battery power reserve or 30 minutes of flight time whichever occurs first.6. Flights will be operated at an altitude of no more than 400 feet Above G round Level (AGL). In cases where the sUAS is used to survey, inspect, or photograph a structure that exceeds 400 feet AGL, the sUAS will not be operated more than 200 feet above the highest point of that structure.

7. Minimum crew for each operation will consist of the sUAS Pilot, the Visual Observer (VO) and may include but not limited to a Camera Operator.

8. The sUAS pilot will be a designated Pilot in Command (PIC) and hold either an airline transport, commercial, private, recreational, or sport pilot certificate. The PIC will also hold a current FAA airman medical certificate or a valid U.S. driver’s license issued by a state, District of Columbia, Puerto Rico, a territory, a possession, or the Federal government of the United States. The PIC will also meet the flight review requirements specified in 14 C.F.R. §61.56 in an aircraft in which the PIC is rated on his o r her pilot certificate.

9. A briefing will be performed regarding the planned sUAS operations prior to each day’s flight operations, which will outline the individual flight activities and safety measures.

10. All flights will occur under Visual Meteorologic al Conditions (VMC) only.

11. The flights will occur no closer than a 5 mile radius of the geographic center/Airport Reference Point (ARP) of a tower controlled or uncontrolled airport.

12. If operations will be within a 5 mile radius of the geographic center/A irport Reference Point (ARP) of a tower controlled or uncontrolled airport the respective airports will be contacted advising them of the estimated flight time, flight duration, elevation of flight and other pertinent information.13. The operator will file FAA Form 7711

- 1, or its equivalent, as modified in light of the requested exemption, with the appropriate local Flight Standards District Office (FSDO) no more than 72 hours but no less than 48 hours from planned operation.

14. The operator will obtain ver bal/written consent of all persons involved with the planned operation and ensure that only consenting persons will be allowed within 100 feet of the flight operation, and the radius may be reduced to 30 feet based upon an equivalent level of safety deter mination. With the advanced permission of the FSDO, operations at closer range may be approved.

15. The PIC and VO will have been trained in operation of sUAS and receive up

- to

- date information for the particular sUAS to be operated.

16. The PIC and VO will be able to communicate by voice or radio at all times.

17. Written and/or verbal permission and necessary permits will be obtained from territorial, state, county, or city jurisdictions, including law enforcement, fire, or other appropriate governmental agencie s.

18. If the sUAS loses communications with the remote controller or experiences GPS signal degradation, the sUAS will have the capability to return to a pre

- determined location.

19. When applicable, GPS Geo

- Fencing technology will be used to place limits on t he aircraft’s maximum vertical and horizontal displacement from the ground control point.

20. The sUAS will have the capability to abort a flight in case of unpredicted obstacles, weather, or emergencies.21. The sUAS will not be operated less than 500 feet bel ow or less than 2,000 feet horizontally from a cloud or when visibility is less than 3 statute miles from the PIC.

22. A Motion Picture and Television Operations Manual (MPTOM) will be used to help govern all closed

- set motion picture and televisi on filming operations.

PUBLIC INTEREST Above Ground Media ensures that with the approval of the exemptions requested in this petition are in the public’s interest. Our sUAS create
reduced environmental impact, lower cost, and increased safety

.

14 C.F.R. Part 21, Subpart H: Certification Procedures

- Airworthiness Certificates

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 th e 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 capabil ity, and proximity to airports and populated areas of the particular sUAS. In all cases, an analysis of these criteria demonstrates that the sUAS 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 is less than 55 lbs. fully loaded, carries

ne ither a pilot nor passenger, carries no explosive materials or flammable liquid fuels, and operates exclusively within a secured and designated area. Unlike other civil aircraft, operations under this exemption will be tightly controlled and monitored by t he operator in compliance with local public safety requirements. These enhancements provide a greater degree of safety to the public and property owners than conventional civil aircraft operations conducted with airworthiness
certificates issued under 14 C .F.R. Part 21, Subpart H. Lastly, there is no credible threat to national security posed by the sUAS, due to its size, speed of operation, location of operation, lack of explosive materials or flammable liquid fuels, and its inability to carry a
substantia l external load. There have been exemptions granted by the FAA to petitioners seeking identical relief; See Grant of Exemption No. 11062 to Astraeus Aerial (FAA

- 2014

- 0352 at pgs. 13

- 14, 22).

14 C.F.R. Part 36, Subparts A, F and O: Noise Standards

- Aircraft Type and Airworthiness Certification

Pursuant to 14 C.F.R. Part 36, Subparts A, F and O, establish certain noise standards for certification of various aircraft types. Because the Subject sUAS would not have an airworthiness certificate, and given its small size and negligible noise impact, the petitioner requests an exemption from 14 C.F.R. Part 36.

14 C.F.R. § 45.23 (b): Display of Marks; General.

Pursuant to 14 C.F.R. 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 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.While the sUAS will have no airworthiness certificate, an ex emption may be needed as the sUAS will have no entrance to the cabin, cockpit or pilot station on which the word “Experimental” can be placed. Given the size of the sUAS, two

- inch lettering will be impractical. 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 sUAS marked on its fuselage as required by §45.29(f) where the pilot, observer, and others working with thesUAS will see the
identification of the sUAS a s “Experimental.” In a previous Grant of Exemption, the FAA determined that exemption from these requirements was warranted provided that the aircraft “have identification (N

- Number) markings in accordance with 14 C.F.R Part 45, Subpart C if the markings a re as large as practicable.” See FAA
Docket No. FAA

- 2014

- 0352. All sUASs flown by American Drone
Pros will bear N

- number markings that are as large as practicable in accordance with 14 C.F.R. Part 45, Subpart C.

14 C.F.R. § 61.113 (a) and (b): Private Pilo t Privileges and
Limitations

- Pilot in Command.

Pursuant to 14 C.F.R. 61.113 (a) & (b); No person who holds a private pilot certificate may act as a pilot in command of an aircraft that is carrying passengers or property for compensation or hire. Because the applicant’s sUAS does not carry any pilots, passengers, or property, American Drone Pros may achieve an equivalent level of safety as achieved under current regulations. The risks attendant to the operation
of a sUAS is far less than the risk levels in herent in the commercial
activities outlined in 14 C.F.R. 61. The PIC of the sUAS will have either an airline transport, commercial, private, recreational, or sport pilot certificate. The PIC will also hold a current FAA airman medical
certificate or a val id U.S. driver’s license issued by a state, District of Columbia, Puerto Rico, a territory, a possession, or the Federal government of the United States.In meeting those limitations as listed in previous FAA exemption approvals, the PIC of American Drone Pros sUASs will exceed current safety levels in relation to 14 C.F.R. 61.113 (a) & (b).

14 C.F.R. §91.7(a): Civil Aircraft Airworthiness.

Pursuant to 14 C.F.R. 91.7(a); No person may operate a civil aircraft unless it is in airworthy condition. As there will be no airworthiness certificate issued for the sUAS, should this exemption be granted, no FAA regulatory standard will exist for determining airworthiness. Given the size of the aircraft and the maintenance requirements detailed
in the sUAS User and/o r Operations Manual combined with safety check lists prior to each flight, an equivalent level of safety will be provided. See Grant of Exemption No. 11671 to Dronair Solutions (FAA

– 2015

– 0648 page 18) for previous FAA granted exemption.

14 C.F.R. § 91.9 (b ) (2): Civil Aircraft Flight Manual, Marking, and Placard Requirements.

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. Given the size and configuration of the sUAS used by American Drone Pros, the re is no capacity to carry such a flight manual on the aircraft. An equivalent level of safety will be achieved by keeping the sUAS Operation Manual at the ground control point where the pilot in command will have immediate access. See Memorandum
from Mark Bury, FAA Assistant Chief Counsel for International Law, Legislation and Regulation, to John Duncan, FAA Flight Standards Service (Aug. 8, 2014); see also Docket No. FAA

- 2014

- 0352 at 16

- 18.14 C.F.R. § 91.103(b)(2): General Operating and Flight Rules

- Pr eflight Action.

Pursuant to 14 C.F.R. 91.103(b)(2); For civil aircraft other than those specified in paragraph (b)(1) of this section, other reliable information appropriate to the aircraft, relating to aircraft performance under expected values of airport elevation and runway slope, aircraft gross weight, and wind and temperature. An equivalent level of safety will be provided by a preflight checklist and other safety measures detailed in the sUAS Operation Manual. The PIC will take actions including
revie wing weather, flight battery requirements, landing and takeoff distances, aircraft performance data, and setting the pre

- determined safe landing area in case of loss of GPS communication before initiation of flight. See Grant of Exemption No. 11671 to Dron air Solutions (FAA

– 2015

– 0648 page 18)

14 C.F.R. §91.109: Flight instruction; Simulated Instrument Flight and Certain Flight Tests.

Section 91.109 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. Remotely piloted aircraft and sUAS, by their design, do n ot have fully functional dual controls. Flight control is accomplished through the use of a
control box that communicates with the aircraft via radio. The FAA has approved exemptions for flight training without fully functional dual
controls for a number o f aircraft and for flight instruction in experimental aircraft. Due to the size and speed of the sUAS and the fact that neither a pilot nor passengers will be carried in the aircraft, and all persons will be a safe distance away in the event that the UAS

e xperiences any difficulties during flight instruction, an equivalent level of safety is provided. The FAA has granted exemption for the same operation, See Grant of Exemption No. 11671 to Dronair Solutions (FAA

– 2015

– 0648 page 19)14 C.F.R. §91.119: General Operating and Flight Rules

- 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 he licopter complies with any route or altitudes prescribed for helicopters by the FAA. As this exemption is for sUAS operation at altitudes up to 400 feet AGL, an exemption may be needed. In cases where the sUAS is used to survey, inspect, or photograph a st ructure that exceeds 400 feet AGL, the sUAS will not be operated more than 200 feet above the highest point of that structure. An exemption was granted by the FAA for like operations

- See Grant of Exemption No. 11138 to Douglas Trudeau (FAA

- 2014

- 0481 page 19)

An equivalent level of safety will be achieved given the size, weight, and speed of the sUAS as well as the location where it is operated. No flight will be taken without the permission of the property owner or local officials. Compared to flight oper ations with aircraft or rotorcraft operating below 500 feet AGL, weighing far more than the proposed 55 pound maximum, and carrying flammable fuel, the sUASs employed by American Drone Pros provide a much safer alternative. In addition,
the low

- altitude op erations of the sUAS will ensure safe separation from those of conventional aircraft that must comply with Section
91.119.

14 C.F.R. §91.121: General Operating and Flight Rules

- Altimeter settings.

Section 91.121 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 altitu de read out, an exemption may be needed. An equivalent level of safety will be achieved by the operator, pursuant to the safety check list and live flight data monitoring,confirming the altitude of the launch site shown on the GPS altitude
indicator befor e flight. See e.g., Grant of Exemption No. 11062 to Astraeus Aerial (FAA

- 2014

- 0352 at 21).

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 c onditions 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.” For similarly FAA granted exemption, see Grant of Exemption to Alan Purwin (Exemption No. 11161). The battery powering the sUAS provides approximately 30 minutes of powered flight. Because the 30 minute reserve requirement in 14 C.F.R. §91.151 cannot be met by the sUAS, an exemption is needed. With a limited flight time of 25 minutes or 25% battery power and line of sight operation in a limited area, an equivalent level of safety is achieved. This time/p ower restriction is more than adequate to safely return the sUAS to its planned landing zone from anywhere in its limited operating area.

14 C.F.R. §91.203 (a) and (b): Civil Aircraft: Certifications Required

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 requir ed 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 sUAS fully loaded weighs no more than 55 lbs. and is operated without an onboardpilot. As such, it is impractical 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 in command will have immediate access.

The FAA has granted exemption for same, See Grant of Exemption No. 11671 to Dronair Solutions (FAA

– 2015

– 0648 page 18)

14 C.F.R. §91.405 (a); §91.407 (a) (1); §91.409 (a) (2); §91.417(a) & (b): Maintenance required.

Sections 9 1.405(a), 407(a)(1), 409(a)(2), 417(a)(b) 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, ha ve discrepancies repaired as prescribed in part 43 of this chapter...,” and others shall inspect or maintain the aircraft in compliance with Part 43. American Drone Pro proposes that the maintenance of the sUAS will be accomplished by the owner/operator ac cording to the operation manual. As provided in the attached manuals, the operator will ensure that the sUAS is in working order prior to initiating flight, perform required maintenance, and keep a log of any maintenance that is performed. Moreover, the op erator is the person most familiar with the aircraft and is best suited to maintain the aircraft in an airworthy condition thereby ensuring an equivalent level of safety. See e.g. , Grant of Exemption No. 11671 to Dronair Solutions (FAA

– 2015

– 0648 page 15)SUMMARY OF SECTION 333 EXEMPTION REQUEST

Above Ground Photography & Video , hereby provides, pursuant to 14 C.F.R. Part 11 Subpart A §11.81, a summary of our exemption petition to allow commercial operation of sUAS for aerial video and photography, precision aerial mapping, 3D modelling, surveying, cataloguing, and inspection services. Our pursuit for exemption is intent on benefiting both public and governmental sectors some of which include:

• Agriculture

• Land Planning & Development

• Local Infrastructure

• Solar Power

• Power Generation and Distribution

• Architecture and Engineering

• Environmental

• Search & Rescue American Drone Pros is poised to provide service in support of these and future applications with the utmost attention to quality and safety. Therefore, we respectfully request exemption from the following r egulations:

14 C.F.R. Part 21 Subpart H 14 C.F.R. Part 36 Subpart A, F & O 14 C.F.R. §45.23 (b) 14 C.F.R. §61.113 (a) & (b) 14 C.F.R. §91.7 (a) 14 C.F.R. §91.9 (b) (2) 14 C.F.R. §91.103(b)(2) 14 C.F.R. §91.109 14 C.F.R. §91.119 (c) 14 C.F.R. §91.121 14 C. F.R. §91.151 (a) 14 C.F.R. §91.203 (a) 14 C.F.R. §91.405 (a) 14 C.F.R. §91.407 (a) 14 C.F.R. §91.409 (a) 14 C.F.R. §91.417 (a)

CertificationProceduresforProductsandParts

- AirworthinessCertificates. Noise Standards: Aircraft Typ e and Airworthiness Certification. Display of Marks;
General. Private Pilot Privileges and Limitations: Pilot In Command.

Civil Aircraft Airworthiness. Civil Aircraft Flight Manual, Marking, and Placard Requirements. General Operating and Flight Rules

- Pr eflight Action. Flight Instruction; Simulated Instrument Flight and Certain Flight Tests. General Operating and Flight Rules

- Minimum Safe Altitudes. General Operating and Flight Rules

- Altimeter settings. Fuel Requirements for Flight in VFR
Conditions. Civil Aircraft: Certifications Required. Maintenance Required. Operation After Maintenance, Rebuilding, or
Alteration. I nspections. Maintenance RecordsI	have	included in	this	report :
1) A Supplemental	Response	for	Petition

2) Manuals: The DJI manuals	are	too	large	for	upload	to	regulations.gov. Therefore,	please	follow	the	link	below	to	the	assembly	and	operating
manual	for	the	sUAS. http://download.dji innovations.com/downloads/phantom_3/en/Phantom_3 _Professional_User_Manual_v1.0 _en.pdf

2) Personal	protocols	and	controls

- Safety/Flight	concerns

4)	Summary	of	Section	333	Exemption	Request

I	would	like to	thank	you	for	giving	me	this	opportunity	to	apply	for	a	333 Exemption

. With	your	approval,	I	will	have	the	ability	to	be	commercially	able	to provide	a	positive	service	i n	many	exciting	industries

.

Sincerely	yours,

Adam	White Above	Ground	Aerial	Photography	&	Video
182	Carver	Falls	Rd. Fayetteville,	NC	28311