September 15, 2015

Exemption No. 12849 Regulatory Docket No. FAA

− 20 15

− 2680

Mr. Todd Hassinger
ABOVE THE BURGH, LLC.

P.O. Box 598

Wexford

, PA 15090

Dear Mr. Hassinger :

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 June 5, 2015 , you petitioned the Federal Aviation Administration (FAA) on

behalf of ABOVE THE BURGH, LLC

. ( hereinafter petitioner or operator ) for an exemption

. The petitioner requested to operate an unmanned ai rcraft system (UAS) to conduct aerial videography and photography of construction sites, real estate, and landscapes

.

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

the regulations that the petitioner seeks an exemption

.

The FAA has determined that good cause exists for not publishing a summary of the petition in the Federal Register because the requested exemption would not set a precedent, and any delay in acting on this petition would be detrimental to the petitioner

.

Airworthiness Certification

The UAS proposed by the petitioner are the DJI Phantom 2 Vision+ and DJI Inspire 1

.

In accordance with the statutory criteria provided in Section 333 of P ublic Law 112

− 95 in

reference to 49 U

. S

. C

. § 44704, and in consideration of the size, weight, speed, and limited operating area associated with the aircraft and its operation, the Secretary of Transportation2

has determined that this aircraft meets the conditions of Section 333. Therefore, the FAA

finds that relief from 14 CFR part 21

, C ertification 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 collection 1

. The FAA has issued grants of exemption in circumstances similar in all material respects to those presented in your petiti on. In Grants of Exemption No s

. 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 Lab s , 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 propo rtions, 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 a ll 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 th e Administrator, ABOVE THE BURGH, LLC

. 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 (part iculate measurement, etc.), or any other gathering of data by

instruments aboard the UA.3

Conditions and Limitations

In this grant of exemption, ABOVE THE BURGH, LLC

. 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 DJI Phantom 2 Vision+ and DJI Inspire 1 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 cl osed

- 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 k not 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 req uirement as long as the PIC always maintains VLOS capability. The VO and PIC must be able to communicate verbally at all times ;

e lectronic messaging or texting is not permitted during flight operations. The PIC must be designated before the flight and c annot 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 and4

limitations in this exemption and the procedures outlined in the operating documents, the conditions and limitations herein take precedence and must be followed. Otherwise, the operator must follow the procedures as outli ned 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 req uest. 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 exempt ion, then the operator must petition for an amendment to its grant of exemption. The FA A’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 maintenan ce 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 onl y 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 an d 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

potent ial 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 m ust 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 Col u mbia, Puerto Rico, a territory, a possession, or the Federal government. The PIC must also meet the flight revi ew requirements specified in

14 CFR § 61.56 in an aircraft in which the PIC is rated on his or her pilot certificate.5

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 (traini ng, 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 exe mption. However, training operations may only be conducted during dedicated training sessions. During

traini ng, 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 A RP, the center of the airport symbo l 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 sign al, the UA must return to a

pre

- determined location within the pr ivate 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 t he reserve power recommended by the manufacturer if greater.

21. Air Traffic Organization (ATO) Certificate of Waiver or Authorization (COA). All operations shall be cond ucted 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

.6

22. All aircraft operated in accordance with this exemption must be identified by serial number, registered in accordance with 14 CFR part 47, and h ave 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 nonpartici pating 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 r emain 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 control led

- access property with permission from the property owner/controller or aut horized 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 opera tional area as defined by the applicable COA must be reported

to the FA A'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

.7

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 mot ion 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 a rea 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 phon e number of the operator for the UAS aerial filming conducted under this grant of exemption;

c. Name and phone number of th e 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 th e 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 t o 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 91.8

This exemption terminates on September 30, 2017 , unless sooner superseded or rescinded.

Sincerely,

/ s/

John S. Duncan Director, Flight Standards Service

EnclosuresUNITED STATES OF AMERICA

DEPARTMENT OF TRANSPORTATION

FEDERAL AVIATION ADMINISTRATION WASHINGTON, DC

Regulatory Docket No.

IN THE MATTER OF THE PETITION FOR EXEMPTION OF: ABOVE THE BURGH, LLC.

FOR AN EXEMPTION SEEKING RELIEF FROM THE REQUIREM ENTS OF

TITLE 14 OF THE CODE OF FEDERAL REGULATIONS

SECTIONS 61.113(a) & (b), 91.7(a), 91.121, 91.151(b), 91.405(a), 91.407(a)(1), 91.409(a)(1) & (a)(2), AND 91.417(a) & (b) CONCERNING COMMERCIAL

OPERATION OF DJI PHANTOM 2 VISION+ AND DJI INSPIRE 1 UNMANNE D

AIRCRAFT SYSTEMS

PURSUANT TO SECTION 333 OF

THE FAA MODERNIZATION AND REFORM ACT OF 2012 (PUBLIC LAW 112

- 95)

Submitted on June 5

, 2015

Todd Hassinger Above The Burgh , LLC.

P.O. Box 598

Wexford PA 15090 Tel: ( 412 ) 992

- 69712 TABLE OF CONTENTS

Page

GLOSSARY OF ABBREVIATIONS.

................................ ................................ ................. 3

SUMMARY.

................................ ................................ ................................ ......................... 4

INTRODUCTION AND INTERESTS OF PETITIONER

................................ ................... 4

BACKGROUND

................................ ................................ ................................ ..................... 4

BASIS FOR PETITION.

................................ ................................ ................................ ....... 5

NAME AND ADDRESS OF PETITIONER

................................ ............................ 8

THE SP ECIFIC SECTIONS OF 14 C.F.R. FROM WHICH ABOVE THE BURGH, LLC. SEEKS EXEMPTION.

................................ ................................ ... 8

THE EXTENT OF RELIEF ABOVE THE BURGH, LLC. SEEKS AND THE

REASON ABOVE THE BURGH, LLC. SEEKS THE RELIEF..............

.......... 12

THE REASONS WHY GRANTING ABOVE THE BURGH, LLC. ‘S REQUEST

W OULD BE IN THE PUBLIC INTEREST

......... ................................ ............... 15

THE REASONS WHY GRANTING THE EXEMPTION WOULD NOT

ADVERSELY AFFECT SAFETY

................................ ................................ ......... 19

SUMMARY THAT CAN BE PUBLISHED IN THE FEDERAL REGISTER.

.... 34

ANY ADDITIONAL INFORMATION, VIEWS, OR ARGUMENTS

AVAILABLE TO SUPPORT ABOVE THE BUR GH, LLC. ‘S REQUEST...

..... 34

CONCLUSION

................................ ................................ ................................ ...................... 35

APPENDICES........................................................................................373 GLOSSARY OF ABBREVIATIONS

AGL Above Ground Level

AOI Area of Interest

ATC Air Traffic Control

ATO Air Traffic Organization

AV Aerial Vehicle

C FR Code of Federal Regulations

COA Certificate of Authorization

FAA Federal Aviation Administration

FAR Federal Aviation Regulation

GCS Ground Control Station

GPS Global Positioning System

LOL Loss of Link

NAS National Airspace System

NOTAM Notice to Airma n

PIC Pilot In Command

Section 333 FAA Modernization and Reform Act of 2012 (FMRA) Section 333

SO Safety Observer

SOP Standard Operating Procedures

UA Unmanned Aircraft

UAS Unmanned Aircraft System

VFR Visual Flight Rules

VLOS Visual Line of Site

VMC Visua l Meteorological Conditions

VTOL Vertical Takeoff and Landing4 SUMMARY

ABOVE THE BURGH, LLC. seeks exemption f rom the requirements of 14 C.F

§§ 61.113(a) & (b), 91.7(a), 91.121, 91.151(b), 91.405(a), 91.407(a)(1), 91.409(a)(1) &

(a)(2), and 91.417(a) & ( b), to operate an Unmanned Aircraft System pursuant to Section

333 of the FAA Modernization and Reform Act of 2012 (FMRA). This exemption will

permit ABOVE THE BURGH, LLC. to operate an Unmanned Aircraft System (UAS) for

the commercial purpose of conducti ng aerial video and photography of construction sites,

real estate, and landscape over certain areas of the United States.

INTRODUCTION AND INTERESTS OF THE PETITIONER

ABOVE THE BURGH, LLC. provides its clients with expertise and knowledge in

advanced te chnologies and solutions to increase efficiency, productivity and effectiveness.

ABOVE THE BURGH, LLC. is experienced in all aspects of aerial video and

photography. The objective of ABOVE THE BURGH, LLC. ‘s aerial video and

photography operations is to p rovide low cost, high quality imaging for a variety of

commercial and residential customers.

BACKGROUND

Unmanned Aircraft Systems: DJI Phantom 2 Vision+, DJI Inspire 1 UASs

ABOVE THE BURGH, LLC. seeks an exemption to operate DJI systems for

compensation or hire within the NAS. The DJI Phantom 2 Vision+ and DJI Inspire 1 are

vertical takeoff and landing (VTOL) Unmanned Aircraft (UA) with a Ground Control

Station (GCS) utilizing electronic tablet or smart phone systems. The DJI Phantom 2

Vision+ has a maxi mum gross weight of approximately 2 pounds 11 ounces, while having

a length of 16 inches width of 16 inches, height of 8 inches, and a maximum speed of5 approximately 29 knots. The DJI Inspire 1 has a maximum gross weight of 6 pounds 7.5

ounces, a length o f 17.3 inches, width of 17.7 inches, height of 11.8 inches, and a

maximum speed of approximately 42 knots. The DJI Phantom 2 Vision+ and DJI Inspire

1UAs are equipped with four main rotors; driven by Lithium Polymer battery powered

electric motors.

The DJI Phantom 2 Vision+ and DJI Inspire 1 UAs that will be operated by

ABOVE THE BURGH, LLC. will be registered in accordance with 49 U.S.C. 44103,

Registration of Aircraft , as well as 14 C.F.R Part 47, Aircraft Registration , and marked in

accordance with 14 C .F.R. Part 45, Identification and Registration Marking

.

BASIS FOR PETITION

Petitioner, ABOVE THE BURGH, LLC. , pursuant to the provisions of the Federal

Aviation Regulations (14 C.F.R. § 11.61) and the FAA Modernization and Reform Act of

2012 (FMRA), Sect ion 333, Special Rules for Certain Unmanned Aircraft Systems

, hereby

petitions the Administrator to commercially operate the DJI Phantom 2 Vision+, DJI

Inspire 1 UASs in the National Airspace System (NAS), and for an exemption from the

requirements of 14 C .F.R §§ 61.113(a) & (b), 91.7(a), 91.121, 91.151(b), 91.405(a),

91.407(a)(1), 91.409(a)(1) & (a)(2), and 91.417(a) & (b).

In consideration of the speed, weight, size, and limited operating area associated

with the unmanned aircraft and its operation, ABOV E THE BURGH, LLC. ‘s operation of

DJI Phantom 2 Vision+ and DJI Inspire 1 UASs meets the conditions of FMRA Section

333 and therefore, will not require an airworthiness certificate in accordance with 14

C.F.R. Part 21, Subpart H.6 Accordingly, ABOVE THE BU RGH, LLC. requests relief from Sections

91.405(a), 91.407(a)(1), 91.409(a)(1) & (a)(2), and 91.417(a) & (b), as these sections set

forth requirements for maintenance that only apply to aircraft with an airworthiness

certificate.

ABOVE THE BURGH, LLC. sub mits that the requested relief is proper since an

equivalent level of safety will be ensured. ABOVE THE BURGH, LLC. will use

experienced personnel or technicians to perform maintenance, alterations, or preventive

maintenance on the UASs using the methods, techniques, and practices prescribed in the

operating documents (i.e., the ABOVE THE BURGH, LLC. Aerial Operations Manual,

Monthly Maintenance Log, and DJI Phantom 2 Vision+ and DJI Inspire 1 Instruction

Manual).

Furthermore, ABOVE THE BURGH, LLC. will document and maintain all maintenance

records for the DJI Phantom 2 Vision+ and DJI Inspire 1 UASs.

Relief from certain requirements of Section 61.113(a) and (b), entitled Private pilot

privileges and limitations: Pilot in command , is requested by ABOVE TH E BURGH,

LLC. to the extent necessary to allow a Pilot in Command (PIC) holding a private pilot or

higher level certificate, as well as an airman medical certificate, and who has

demonstrated, by meeting minimum flight

- hour and currency requirements, tha t the PIC is

able to safely operate the DJI Phantom 2 Vision+ and DJI Inspire 1 UASs in a manner

consistent with this exemption, including evasive and emergency maneuvers and

maintaining appropriate distances from people, vessels, vehicles and structures.

ABOVE THE BURGH, LLC. seeks relief from Section 91.7(a), entitled Civil

aircraft airworthiness , because the DJI Phantom 2 Vision+ and DJI Inspire 1 UASs do not

require an airworthiness certificate in accordance with 14 C.F.R. Part 21, Subpart H. As7 such , ABOVE THE BURGH, LLC. submits that it will ensure that the DJI Phantom 2

Vision+ and DJI Inspire 1UASs are in an airworthy condition, prior to every flight, by

determining that the UASs are in compliance with the operating documents (i.e., the

ABOVE THE BURGH, LLC. Aerial Operations Manual, Monthly Maintenance Log, and

DJI Phantom 2 Vision+ and DJI Inspire 1 Instruction Manual), and that the aircraft are in a

condition for safe flight.

ABOVE THE BURGH, LLC. also seeks an exemption from the requirements of

Section 91.121, entitled Altimeter Settings , as the DJI Phantom 2 Vision+ and DJI Inspire

1 UAs will not have a typical barometric altimeter onboard. However, altitude information

of the DJI Phantom 2 Vision+ and DJI Inspire 1UAs will be provided to th e PIC via Global

Positioning System (GPS) equipment and radio communications telemetry data link, which

downlinks from the UA to the GCS for active monitoring of the flight path. This altitude

information, combined with ABOVE THE BURGH, LLC. ‘s operation of the DJI Phantom

2 Vision+ and DJI Inspire 1 UASs within visual line of sight, at or below 500 feet AGL,

will ensure a level of safety equivalent to Section 91.121.

Additionally, ABOVE THE BURGH, LLC. seeks an exemption from the

requirements of Section 91 .151(b), entitled Fuel requirements for flight in VFR

conditions

. ABOVE THE BURGH, LLC. submits that safety will not be affected by

operation of the DJI Phantom 2 Vision+ and DJI Inspire 1 UAs during daylight hours in

visual meteorological conditions (VMC ) under visual flight rules (VFR), with enough

battery power to fly for a total duration of approximately 13.5 minutes to the first point of

intended landing and, assuming normal cruising speed, to fly after that for at least 4.5

minutes.8 In accordance wi th 14 C.F.R. § 11.81, ABOVE THE BURGH, LLC. provides the

following information in support of its petition for exemption:

A. Name And Address Of The Petitioner.

The name and address of the Petitioner and point of contact is:

Todd Hassinger
ABOVE THE BURGH, L LC.

P.O. Box 598 Wexford, PA 15090

Tel: (412) 992

- 6871

Email : todd@abovetheburgh.com

The Specific Sections Of 14 C.F.R. From Which ABOVE THE BURGH, LLC. Seeks Exemption.

1. ABOVE THE BURGH, LLC. Seeks Exempti on From The Requirements Of Section 61.113(a) And (b).

Section 61.113, entitled Private pilot privileges and limitations: Pilot in command

,

subsections (a) and (b) prescribe the following, in relevant part:

(a) No person who holds a private pilot certificate may act as a pilot in command (PIC) of an aircraft that is carrying passengers or property for compensation or hire; nor may that person, for compensation or hire, act as PIC of an aircraft.

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

2. ABOVE THE BURGH, LLC. Seeks Exemption From The

Re quirements Of Section 91.7(a).

Section 91.7, entitled Civil aircraft airworthiness , subsection (a), states the

following:

(a) No person may operate a civil aircraft unless it is in an airworthy condition.9 3. ABOVE THE BURGH, LLC. Seeks Exemption From The

R equirements Of Section 91.121.

Section 91.121, entitled Altimeter settings, subsection (a), states the following, in

part:

(a) Each person operating an aircraft shall maintain the cruising altitude or flight level of that aircraft, as the case may be, by refe rence to an altimeter that is set,
when operating

--

(1) Below 18,000 feet MSL, to

--

(i) The current reported altimeter setting of a station along the route and

within 100 nautical miles of the aircraft;

(ii) If there is no station within the area prescribed in parag raph (a)(1)(i) of this section, the current reported altimeter setting of an appropriate available station; or

(iii) In the case of an aircraft not equipped with a radio, the elevation of the departure airport or an appropriate altimeter setting available befor e departure.

4. ABOVE THE BURGH, LLC. Seeks Exemption From The Requirements Of Section 91.151(b).

Section 91.151, entitled Fuel requirements for flight in VFR conditions

, subsection

(b), states the following:

(b) No person may begin a flight in a rotorcraf t 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.

5. ABOVE THE BURGH, LLC. Seek s Exemption From The Requirement Of Section 91.405(a).

Section 91.405, entitled Maintenance required , subsection (a), states the following:

Each owner or operator of an aircraft

—

(a) Shall have that aircraft inspected as prescribed in subpart E of this pa rt 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[.]10 6. ABOVE THE BURGH, LLC. Seeks Exemption From The Requirements Of Section 91.407(a)(1)

S ection 91.407, entitled Operation after maintenance, preventive maintenance,

rebuilding, or alteration , subsection (a)(1), states the following:

(a) No person may operate any aircraft that has undergone maintenance, preventive maintenance, rebuilding, or alter ation unless

--

(1) It has been approved for return to service by a person authorized under § 43.7 of this chapter[.]

7. ABOVE THE BURGH, LLC. Seeks Exemption From The Requirements Of Sections 91.409(a)(1) And 91.409(a)(2).

Section 91.409, entitled Inspections , subsection (a), states the following:

(a) Except as provided in paragraph (c) of this section, no person may operate an aircraft unless, within the preceding 12 calendar months, it has had

--

(1) An annual inspection in accordance with part 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.

8. ABOVE THE BURGH, LLC. Seeks Exemption From The

Re quirements Of Sections 91.417(a) And 91.417(b).

Section 91.417, entitled Maintenance records , subsections (a) and (b), state the

following:

(a) Except for work performed in accordance with §§ 91.411 and 91.413, each registered owner or operator shall keep the following records for the periods specified in paragraph (b) of this section:

(1) Records of the maintenance, preventive maintenance, and alteration and

records of the 100

- hour, annual, progressive, and other required or approved inspections, as appropriate, for each aircraft (including the airframe) and each engine, propeller, rotor, and appliance of an aircraft. The records must

include

--11 (i) A description (or reference to data acceptable to the Administrator) of the work performed; and

(ii) The date of comple tion of the work performed; and

(iii) The signature, and certificate number of the person approving the

aircraft for return to service.

(2) Records containing the following information:

(i) The total time in service of the airframe, each engine, each propeller, and

e ach rotor.

(ii) The current status of life

- limited parts of each airframe, engine, propeller, rotor, and appliance.

(iii) The time since last overhaul of all items installed on the aircraft which are required to be overhauled on a specified time basis.

(iv) The current inspection status of the aircraft, including the time since the last inspection required by the inspection program under which the aircraft and its appliances are maintained.

(v) The current status of applicable airworthiness directives (AD) and safety

direc tives including, for each, the method of compliance, the AD or safety directive number and revision date. If the AD or safety directive involves recurring action, the time and date when the next action is required.

(vi) Copies of the forms prescribed by § 43.9 (d) of this chapter for each major alteration to the airframe and currently installed engines, rotors, propellers, and appliances.

(b) The owner or operator shall retain the following records for the periods prescribed:

(1) The records specified in paragraph (a) (1) of this section shall be retained

until the work is repeated or superseded by other work or for 1 year after the

work is performed.

(2) The records specified in paragraph (a)(2) of this section shall be retained

and transferred with the aircraft at the ti me the aircraft is sold.

(3) A list of defects furnished to a registered owner or operator under § 43.11 of this chapter shall be retained until the defects are repaired and the aircraft is approved for return to service.12 B. The Extent Of Relief ABOVE THE BURGH , LLC. Seeks And The Reason ABOVE THE BURGH, LLC. Seeks The Relief.

1. Extent Of Relief ABOVE THE BURGH, LLC. Seeks And The Reason ABOVE THE BURGH, LLC. Seeks Relief From Section 61.113(a) And (b).

Relief from Section 61.113(a) and (b) entitled Private pilot privileges and

limitations: Pilot in command , is requested to the extent necessary to allow a PIC holding a

private pilot or higher level certificate, as well as a current and valid airman medical

certificate, and who has met certain flight

- hour and currency requirements, to conduct the

proposed UAS flight operations for compensation or hire.

This relief is requested since the limitations set forth in Section 61.113(a) and (b)

state that a private pilot may, for compensation or hire, act as PIC 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 or hire.

As set forth more fully below, ABOVE THE BURGH , LLC. submits that an

equivalent level of safety will be maintained because no PIC will be allowed to operate the

DJI Phantom 2 Vision+ UAS or DJI Inspire 1 UAS unless that PIC has met certain flight

hour and currency requirements, demonstrating that the PIC is able to safely operate either

the DJI Phantom 2 Vision+ or DJI Inspire 1 UAS in a manner consistent with the

operations specifications as described in this exemption, including evasive and emergency

maneuvers, as well as maintaining appropriate dis tances from people, vessels, vehicles and

structures.

Further, ABOVE THE BURGH, LLC. submits that all flights of the DJI Phantom

2 Vision+ and DJI Inspire 1 UASs, conducted by the PIC pursuant to the grant of this13 Petition: (1) will be incidental to ABOV E THE BURGH, LLC.‘s business; and (2) will not

carry passengers or property for compensation or hire.

2. Extent Of Relief ABOVE THE BURGH, LLC. Seeks And The Reason ABOVE THE BURGH, LLC. Seeks Relief From Section 91.7(a).

Relief from Section 91.7(a) entitl ed Civil aircraft airworthiness , is requested to the

extent required to allow ABOVE THE BURGH, LLC. to determine that the DJI Phantom

2 Vision+ and DJI Inspire 1 UASs are in airworthy condition prior to every flight by

ensuring that the UAS is in complian ce with the operating documents (i.e., the ABOVE

THE BURGH, LLC. Aerial Operations Manual, Monthly Maintenance Log, and DJI

Phantom 2 Vision+ and DJI Inspire 1 Instruction Manual).

ABOVE THE BURGH, LLC. seeks the requested relief because the DJI Phantom

2 Vision+ and DJI Inspire 1 UASs do not require an airworthiness certificate in accordance

with 14 C.F.R. Part 21, Subpart H. Therefore, ABOVE THE BURGH, LLC. will ensure

that the DJI Phantom 2 Vision+ and DJI Inspire 1 UASs are in airworthy condition bas ed

upon its compliance with the operating documents (i.e., the ABOVE THE BURGH, LLC.

Aerial Operations Manual, Monthly Maintenance Log, and DJI Phantom 2 Vision+ and

DJI Inspire 1 Instruction Manual) prior to every flight, and further, determine that the

aircraft are in condition for safe flight, as stated in the conditions and limitations below.

3. Extent Of Relief ABOVE THE BURGH, LLC. Seeks And The Reason ABOVE THE BURGH, LLC. Seeks Relief From Section 91.121.

Relief from Section 91.121, entitled Altime ter settings, may be required to allow

flight operations of the DJI Phantom 2 Vision+ and DJI Inspire 1 UASs, which utilize a

barometric pressure sensor, GPS equipment, and a radio communications telemetry data

link to downlink altitude information from th e UA to the PIC at the ground control station

(GCS). Since the FAA requires that any altitude information concerning UAS operations14 be reported to air traffic control (ATC) in feet above ground level (AGL), ABOVE THE

BURGH, LLC. seeks the requested relie f because the DJI Phantom 2 Vision+ and DJI

Inspire 1 UA’s altimeter may be set on the ground to zero feet AGL, rather than the local

barometric pressure or field altitude, before each flight.

Considering the limited altitude of the proposed operations, re lief from 14 CFR

91.121 is sought to the extent necessary to comply with the applicable conditions and

limitations stated below. As more fully set forth herein, an equivalent level of safety will

be maintained since the DJI Phantom 2 Vision+ and DJI Inspi re 1 UAs are equipped with a

barometric pressure sensor and GPS equipment, which automatically ensures that a ground

level pressure setting will be established prior to each flight, and provides the PIC with

altitude information of the UA on the heads

- up d isplay of the GCS.

4. Extent Of Relief ABOVE THE BURGH, LLC. Seeks And The Reason ABOVE THE BURGH, LLC. Seeks Relief From Section 91.151(b).

Relief from Section 91.151(b) entitled Fuel requirements for flight in VFR

conditions, is requested to the extent r equired to allow flights of the battery powered DJI

Phantom 2 Vision+ and DJI Inspire 1 UAs during daylight hours in visual meteorological

conditions (VMC), under visual flight rules (VFR), for a total duration of 13.5 minutes to

the first point of intende d landing and, assuming normal cruising speed, to fly after that for

at least 4.5 minutes. ABOVE THE BURGH, LLC. seeks the requested relief because

without an exemption from Section 91.151(b), the flight time duration of the battery

powered DJI Phantom 2 Vision+ and DJI Inspire 1 UAs will severely constrain the

practicality of any aerial video or still photo flight operations that ABOVE THE BURGH,

LLC. proposes to conduct pursuant to this Petition.15 Significantly, as set forth below, the technical specifi cations of the DJI Phantom 2

Vision+ and DJI Inspire 1 UASs, the DJI Phantom 2 Vision+ and DJI Inspire 1 operating

documents, and ABOVE THE BURGH, LLC. ‘s proposed operating limitations, ensure that

ABOVE THE BURGH, LLC. will safely operate the battery pow ered DJI Phantom 2

Vision+ and DJI Inspire 1 UAs during daylight hours in visual meteorological conditions

(VMC), under visual flight rules (VFR), with enough battery power to fly for a total

duration of 13.5 minutes to the first point of intended landing and, assuming normal

cruising speed, to fly after that for at least 4.5 minutes.

5. Extent Of Relief ABOVE THE BURGH, LLC. Seeks And The Reason ABOVE THE BURGH, LLC. Seeks Relief From Sections 91.405(a), 91.407(a)(1), 91.409(a)(1) & (a)(2), And 91.417(a) & (b).

Since Sections 91.405(a), 91.407(a)(1), 91.409(a)(1) & (a)(2), and 91.417(a) & (b)

only apply to aircraft with an airworthiness certificate, ABOVE THE BURGH, LLC.

requests relief from these Sections because the DJI Phantom 2 Vision+ and DJI Inspire 1

UASs do not require airworthiness certificates. As set forth more fully below, the DJI

Phantom 2 Vision+ and DJI Inspire 1 UASs meet the conditions of FMRA Section 333 for

operation without an airworthiness certificate. Accordingly, ABOVE THE BURGH, LLC.

will use trained technicians to perform maintenance, alterations, or preventive maintenance

on the UASs using the methods, techniques, and practices prescribed in the UAS operating

documents (i.e., the ABOVE THE BURGH, LLC. Aerial Operations Manual, Mon thly

Maintenance Log, and DJI Phantom 2 Vision+ and DJI Inspire 1 Instruction Manual).

Furthermore, ABOVE THE BURGH, LLC. will document and maintain all maintenance

records for the DJI Phantom 2 Vision+ and DJI Inspire 1 UASs.

C. The Reasons Why Granting ABO VE THE BURGH, LLC. ‘s Request Would Be

In The Public Interest; That Is, How It Would Benefit The Public As A Whole.16 Granting the present Petition will further the public interest by allowing ABOVE

THE BURGH, LLC. to safely, efficiently, and economically p erform aerial video and

photography of construction sites, real estate, and landscape over certain areas of the

United States.

Additionally, use of the DJI Phantom 2 Vision+ and DJI Inspire 1 UASs will

decrease congestion of the NAS, reduce pollution, and provide significant benefits to the

economy. Notably, the benefits of ABOVE THE BURGH, LLC. ‘s proposed operation of

the DJI Phantom 2 Vision+ and DJI Inspire 1 UASs will be realized without implicating

any privacy issues.

1. The Public Will Benefit From Decre ased Congestion Of The NAS.

The DJI Phantom 2 Vision+ and DJI Inspire 1 UAs are battery powered and serve

as a safe, efficient, and economical alternative to the manned aircraft traditionally utilized

to obtain aerial imagery. By reducing the amount of ma nned aircraft needed to perform

aerial acquisitions, an exemption allowing the use of a DJI Phantom 2 Vision+ or DJI

Inspire 1 UAS would reduce the amount of manned aircraft in the NAS, reduce noise and

air pollution, as well as increase the safety of life and property in the air and on the ground.

Furthermore, by reducing the number of manned aircraft operating in the NAS,

congestion around airports caused by arriving and departing aircraft will be reduced. The

DJI Phantom 2 Vision+ and DJI Inspire 1 UAs d o not require an airport to takeoff or land.

Likewise, a reduction of manned aircraft conducting aerial video and photography

missions would result in fewer aircraft that must be handled by air traffic control during

the ground, takeoff, departure, arrival , and landing phases of flight operations.

2. The Public Will Benefit From The Safety And Efficiency Of The DJI Phantom 2 Vision+ and DJI Inspire 1 UASs.17 Conducting aerial acquisitions with the DJI Phantom 2 Vision+ and DJI Inspire 1

UASs, instead of manned aircraft, will greatly benefit the public by drastically reducing the

levels of air and noise pollution generated during traditional aerial video and still

photography flight operations. By using battery power and electric motors, the DJI

Phantom 2 Vision+ and DJI Inspire 1 UASs produce no air pollution, and is the most

viable environmentally conscious alternative to the cabin class, six cylinder internal

combustion engine aircraft that are typically utilized for aerial video and photography,

while burning approximately 20

- 30 gallons per hour of leaded aviation fuel. The DJI

Phantom 2 Vision+ and DJI Inspire 1 UAs, while reducing the carbon footprint of aerial

acquisitions, also eliminates noise pollution, as the UAs are propelled by battery powered

electric motors, rather than an internal combustion engine.

By using the DJI Phantom 2 Vision+ and DJI Inspire 1 UASs to perform aerial

acquisitions, the substantial risk to life and property in the air and on the ground, which is

usually associated with tradition al manned aircraft flight operations, will be substantially

reduced or completely eliminated. Aside from the lack of flight crew members located

onboard the aircraft, the DJI Phantom 2 Vision+ and DJI Inspire 1 UAs (weighing

approximately 2 pounds 11 ounce s and 6 pounds 7.5 ounces respectively, at their

maximum gross weights with lengths of 16 inches and 17.3 inches respectively, widths of

16 inches and 17.7 inches respectively, and with no fuel on board), has less physical

potential for collateral damage t o life and property on the ground, and in the air, compared

to the manned aircraft that typically conduct similar operations (weighing approximately

6,000 pounds with a wingspan of approximately 42 feet, a length of 34 feet, and a fuel

capacity of 180 gall ons).18 3. Performing Aerial Video and Photography Operations With The DJI Phantom 2 Vision+ and DJI Inspire 1 UASs Will Benefit The Economy.

In addition to being safe and efficient, the DJI Phantom 2 Vision+ and DJI Inspire

1 UASs are also an economical alte rnative to using manned aircraft to conduct similar

aerial operations. As such, operation of the DJI Phantom 2 Vision+ and DJI Inspire 1

UASs will allow United States based companies, like ABOVE THE BURGH, LLC. , to

remain competitive and contribute to gro wth of the U.S. economy. Specifically, with the

rising cost of aviation fuel and the Environmental Protection Agency (“EPA”) regulatory

actions phasing out leaded aviation fuels, U.S. owned and operated companies must adopt

new and alternative technology i n order to remain competitive. Operating the battery

powered DJI Phantom 2 Vision+ and DJI Inspire 1 UASs is one such technology that not

only allows companies greater operational flexibility compared to manned aircraft, but

provides such flexibility witho ut the high operational cost of a traditional manned aircraft.

By operating the DJI Phantom 2 Vision+ and DJI Inspire 1 UASs, companies such

as ABOVE THE BURGH, LLC. , can remain competitive and profitable, and therefore,

provide greater job stability to e mployees and contractors, which will ultimately contribute

to growth of the U.S. economy. Improved financial performance of U.S. companies,

through commercial use of the DJI Phantom 2 Vision+ and DJI Inspire 1 UASs, provides a

stable workforce that increas es consumer spending; improves local, state, and federal tax

revenues; and allows companies to invest in research and development in order to remain

competitive both in the United States and abroad.

4. There Are No Privacy Issues.

Similar to the manned aeria l acquisition flight operations that have been conducted for

decades, ABOVE THE BURGH, LLC. ‘s proposed operation of the DJI Phantom 219 Vision+ and DJI Inspire 1 UASs will not implicate any privacy issues. Specifically, the

DJI Phantom 2 Vision+ and DJI I nspire 1 UASs will be operated only in compliance with

operating documents (i.e., the ABOVE THE BURGH, LLC. Aerial Operations Manual,

Monthly Maintenance Log, and DJI Phantom 2 Vision+ and DJI Inspire 1 Instruction

Manual) which requires property owner in volvement as well as local law enforcement

notification, and in accordance with the Federal Aviation Regulations, including the

minimum altitude requirements of 14 C.F.R. § 91.119.

D. The Reasons Why Granting The Exemption Would Not Adversely Affect Safety,

O r How The Exemption Would Provide A Level Of Safety At Least Equal To That Provided By The Rule From Which ABOVE THE BURGH, LLC. Seeks Exemption.

1. Reasons Why The DJI Phantom 2 Vision+ and DJI Inspire 1 UAs Meet The

Conditions Of The FAA Modernization and Reform Act of 2012 (FMRA)

Section 333.

In consideration of the size, weight, speed, and limited operating area associated

with the unmanned aircraft and its operation, ABOVE THE BURGH, LLC. ‘s operation of

the DJI Phantom 2 Vision+ and DJI Inspire 1 UASs meet the conditions of FMRA Section

333, and will not require an airworthiness certificate in accordance with 14 C.F.R. Part 21,

Subpart H.

Section 333 provides authority for a UAS to operate without airworthiness

certification and sets forth requirements for considering whether a UAS will create a

hazard to users of the NAS or the public, or otherwise pose a threat to national security.

Specifically, FMRA Section 333 states the following, in part:

(a) In General.

-- Notwithstanding any other requirement of this subtitle, and not later than 180 days after the date of enactment of this Act, the Secretary of Transportation shall determine if certain unmanned aircraft systems may operate safely in the national airspace system before completion of the plan

and rulema king required by section 332 of this Act or the guidance required by section 334 of this Act.20 (b) Assessment of Unmanned Aircraft Systems.

-- In making the determination under subsection (a), the Secretary shall determine, at a minimum

--

(1) which types of unmanne d aircraft systems, if any, as a result of their size, weight, speed, operational capability, proximity to airports and populated areas, and operation within visual line of sight do not create a hazard to users of the national airspace system or the public or pose a threat to national security; and

(2) ) whether a certificate of waiver, certificate of authorization, or airworthiness certification under section 44704 of title 49, United States Code, is required for the operation of unmanned aircraft systems
ide ntified under paragraph (1).

(c) Requirements for Safe Operation.

-- If the Secretary determines under this section that certain unmanned aircraft systems may operate safely in the national airspace system, the Secretary shall establish requirements for the saf e operation of such aircraft systems in the national airspace system.

In seeking this exemption, ABOVE THE BURGH, LLC. submits that the DJI

Phantom 2 Vision+ and DJI Inspire 1 UASs can operate safely in the NAS pursuant to

FMRA Section 333, as demonstrat ed by: (a) the characteristics of the DJI Phantom 2

Vision+ and DJI Inspire 1 UASs; (b) the pilot certification requirement; and (c) the specific

operating limitations.

a. The Specifications Of The DJI Phantom 2 Vision+ and DJI Inspire 1

UASs Demonstrate Its Safe Characteristics.

The DJI Phantom 2 Vision+ and DJI Inspire 1 UASs do not create a hazard to users

of the NAS or the public, or otherwise pose a threat to national security considering its

size, weight, speed, and operational capability.

i. Technical Spe cifications Of The DJI Phantom 2 Vision+ and DJI

Inspire 1 UASs.

The technical specifications of the DJI Phantom 2 Vision+ and DJI Inspire 1 UASs

are set forth by the DJI Phantom 2 Vision+ and DJI Inspire 1 Specifications and Data

Sheet, attached hereto a s Exhibit A and B.21 ii. The DJI Phantom 2 Vision+ and DJI Inspire 1 UASs Autonomous Flight And Navigation Modes Enable The UASs To Remain Within A Defined Operational Area.

The DJI Phantom 2 Vision+ and DJI Inspire 1 UASs may be operated in both

manual and fu lly autonomous flight modes. A complete description of the flight and

navigational modes of the DJI Phantom 2 Vision+ and DJI Inspire 1 UASs is provided at

pages 25

- 35 of the DJI Phantom 2 Vision+ and pages 12

- 16 and 45

- 50 of the DJI Inspire 1

User Manuals , attached hereto as Exhibit C and D.

iii. The DJI Phantom 2 Vision+ and DJI Inspire 1 UASs Are Designed

For Automatic Return To Home Point Or Hover In The Event Of Loss Of The Control Link Or Navigation.

When the Control Link is lost, the DJI Phantom 2 Vision + and DJI Inspire 1 UAs

will remain stationary, in flight, for 3 seconds or more. If, after 3 seconds, the DJI Phantom

2 Vision+ and DJI Inspire 1 UAs do not reacquire control link data from the GCS, the UAs

will assume that the Control Link is lost and th e UAs will return to the home position (i.e.,

failsafe mode) via GPS, and will descend to the takeoff position and shutdown.

A complete description of the Failsafe Functions of the DJI Phantom 2 Vision+

UAS are set forth at pages 27 through 29 and for the DJI Inspire 1 at pages 13 through 15

of the DJI Phantom 2 Vision+ and DJI Inspire 1 User Manuals, attached hereto as Exhibit

C and D.

iv. The DJI Phantom 2 Vision+ and DJI Inspire 1 GCS And Its Operation.

A complete description of the operation and specificat ions of the DJI Phantom 2

Vision+ and DJI Inspire 1 GCS and flight control software is provided at pages 32 through

43 of the DJI Phantom 2 Vision+ User Manual and pages 40 through 47 of the DJI Inspire22 1 User Manual. DJI Phantom 2 Vision+ and DJI Inspire 1 User Manuals are attached

hereto as Exhibits C and D.

b. Flight Operations Of DJI Phantom 2 Vision+ and DJI Inspire 1 UASs Are Limited To The Line Of Sight Of A Certificated Pilot in Command With A Safety Observer.

ABOVE THE BURGH, LLC. will only utilize certificated pilots who possess a

current and valid airman medical certificate to act as a pilot in command (PIC) of the DJI

Phantom 2 Vision+ and DJI Inspire 1 UASs. Additionally, a safety observer will assist all

pilots during flight time.

c. Flights Of DJ I Phantom 2 Vision+ and DJI Inspire 1 UASs Will Be Conducted Pursuant To Specific Operating Limitations.

In seeking this exemption, ABOVE THE BURGH, LLC. proposes to

commercially operate DJI Phantom 2 Vision+ and DJI Inspire 1 UASs for the special

purpos e of conducting aerial video and photography over certain areas of United States,

pursuant to the following specific operating limitations:

1. Operations authorized by this grant of exemption will be limited to the following aircraft described in the operatin g documents, rotorcraft UASs weighing less than 55 pounds maximum gross weight: DJI Phantom 2 Vision+ and DJI Inspire 1 Unmanned Aircraft Systems. Proposed operations of any other aircraft will require a new petition or a petition to amend this grant.

2. UAS operations under this exemption will be limited to conducting operations for the purpose of aerial video and photography.

3. The UAs may not be flown at an indicated airspeed exceeding 20 knots.

4. The UA must be operated at an altitude of no more than 500 fe et above ground level (AGL), as indicated by the procedures specified in the operating documents unless a special request is made and approved by ATC. All altitudes reported to ATC must be in feet AGL.

5. The UAs 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.23 6. The use of first person view (FPV) by the PIC or safe ty observer (SO) is not permitted.

7. All operations must utilize a safety observer (SO). The SO may be used to satisfy the VLOS requirement as long as the PIC always maintains VLOS capability. The SO 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 SO can perform the functions p rescribed in the operating documents.

8. The SO must not perform any other duties beyond assisting the PIC with seeing and avoiding other air traffic and other ground based obstacles/obstructions and is not permitted to operate the camera or other instrument s.

9. The operating documents and the grant of exemption must be accessible during UAS operations and made available to the Administrator upon request. If a discrepancy exists between the conditions and limitations contained in the grant of exemption and the procedures outlined in the operating documents, the conditions and limitations contained in the grant of exemption take precedence and must be followed. Otherwise, the operator must follow the procedures as outlined in its operating documents. The operato r 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 upon request. The operator must also present updated and revised documents if it peti tions for extension or amendment to the grant of exemption. If the operator determines that any update or revision would affect the basis upon which the FAA granted the exemption, then the operator must petition for 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.

10. Prior to each flight the PIC must inspect the UAS to ensure that it is in a condition for safe flight. 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. The Ground Control Station must be inclu ded in the preflight inspection. All maintenance and alterations must be properly

documented in the aircraft records.

11. Any UAS that has undergone maintenance or alterations that affect the UAS operation or flight characteristics, e.g. replacement of a flig ht critical component, must undergo a functional test flight. The PIC who conducts the functional test flight must make an entry in the aircraft records.

12. The pre

- flight inspection must account for all potential discrepancies, e.g. inoperable components, i tems, or equipment, not already covered in the relevant sections of the operating documents.24 13. The operator must follow the UAS manufacturer’s aircraft/component, maintenance, overhaul, replacement, inspection, and life limit requirements.

14. The operator mus t carry out its maintenance, inspections, and record keeping requirements, in accordance with the operating documents. Maintenance, inspection, alterations, and status of replacement/overhaul component parts must be noted in the aircraft records, including total time in service, description of work accomplished, and the signature of the authorized person returning the

UAS to service.

15. Each UASs operated under this exemption must comply with all manufacturer Safety Bulletins.

16. The authorized person must make an entry in the aircraft record of the corrective action taken against discrepancies discovered between inspections.

17. The PIC must possess at least a private pilot certificate and at least a current
third

- class medical certificate.

18. The operator may not permit any PIC to operate unless the PIC meets the operator’s qualification criteria and demonstrates the ability to safely operate the UAS in a manner consistent with how the UAS will be operated under the exemption, including evasive and emergency maneuv ers and maintaining appropriate distances from persons, vessels, vehicles and structures. PIC qualification flight hours must be logged in a manner consistent with 14 C.F.R. § 61.51(b). Flights for the purposes of training the operator’s PICs are permitted under the terms of the 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 nonparti cipants, and the PIC must operate the UA with appropriate distance from nonparticipants in accordance with 14 C.F.R. §

91.119.

19. UAS operations may not be conducted during night, as defined in 14 C.F.R. §

19.1. All operations must be conducted under visual meteor ological conditions (VMC). If flight at night is required, a special request will be made

at the FAA office closest to proposed area of operations. Flights under special

visual flight rules (SVFR) are not authorized.

20. The UA may not operate within 5 nautic al miles of an airport reference point as denoted on a current FAA

- published aeronautical chart unless a letter of agreement with that airport’s management is obtained, and the operation is conducted in accordance with a NOTAM as required by the operator’s COA. The letter of agreement with the airport management must be made available to the Administrator upon request.25 21. 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 sta tute miles from the

PIC.

22. If the UA loses communications or loses its GPS signal, it must return to a pre

determined location within the planned operating area and land or be recovered in accordance with the operating documents.

23. The PIC must abort the fl ight in the event of unpredicted obstacles or emergencies in accordance with the operating documents.

24. The PIC is prohibited from beginning a flight unless (considering wind and forecast weather conditions) there is enough power to fly at normal cruising

s peed to the intended landing point and land the UA with 25% battery power remaining.

25. The operator must obtain an Air Traffic Organization (ATO) issued Certificate

of Waiver or Authorization (COA) prior to conducting any operations under the grant of exemp tion. This COA will also require the operator to request a Notice to Airman (NOTAM) not more than 72 hours in advance, but not less than 48 hours prior to the operation. All operations shall be conducted in accordance with airspace requirements in the ATO issued COA including class of airspace, altitude level and potential transponder requirements.

26. All aircraft operated in accordance with the exemption must be identified by serial number, registered in accordance with 14 C.F.R. part 47, and have

identifica tion (N

- Number) markings in accordance with 14 C.F.R. part 45, Subpart C. Markings must be as large as practicable.

27. Before conducting operations, the radio frequency spectrum used for operation and control of the UA must comply with the Federal Communica tions Commission (FCC) or other appropriate government oversight agency requirements.

28. The documents required fewer than 14 C.F.R. 91.9 and 91.203 must be

available to the PIC at the Ground Control Station of the UAS any time the UAS is operating. These do cuments must be made available to the Administrator or any law enforcement official upon request.

29. The UA must remain clear and yield the right of way to all manned aviation operations and activities at all times.

30. The UAS may not be operated by the PIC fr om any moving device or vehicle.

31. Flight operations must be conducted at least 500 feet from all nonparticipating persons (persons other than the PIC, SO, operator trainees or essential persons), vessels, vehicles, and structures unless:26 a. Barriers or struc tures 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 pe rsons leave such protection and are within 500 feet of the UA, flight operations must cease immediately and/or;

b. The aircraft is operated near vessels, vehicles or structures where the owner/controller of such vessels, vehicles or structures has granted

pe rmission 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, and;

c. Operations nearer to the PIC, SO, operator trainees or essential persons do not present an und ue hazard to those persons per § 91.119(a).

32. All operations shall be conducted over private or controlled

- access property with permission from the land owner/controller or authorized representative. Permission from land owner/controller or authorized repre sentative will be obtained for each flight to be conducted.

33. 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 Integra tion 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

.

2. Reasons Why An Exemption From The Re quirements Of Section 61.113(a) And (b) Would Not Adversely Affect Safety.

ABOVE THE BURGH, LLC. submits that the equivalent level of safety

established by Section 61.113(a) and (b) will be maintained because no PIC will be allowed

to operate the DJI Pha ntom 2 Vision+ and DJI Inspire 1 UASs unless that PIC has

demonstrated, by meeting minimum flight

- hour and currency requirements, that the PIC is

able to safely operate the DJI Phantom 2 Vision+ or DJI Inspire 1 UAS in a manner

consistent with the exemptio n, including evasive and emergency maneuvers and

maintaining appropriate distances from people, vessels, vehicles and structures.

Considering ABOVE THE BURGH, LLC. ‘s proposed area of operations, and the

operating limitations set forth

- above; the parallel n ature of private pilot aeronautical27 knowledge requirements to those of commercial pilot requirements (See Exemption No.

11062); and the airmanship skills necessary to safely operate the DJI Phantom 2 Vision+

or DJI Inspire 1 UAS, ABOVE THE BURGH, LLC. su bmits that the additional manned

airmanship experience of a commercially certificated pilot would not correlate to the

airmanship skills necessary for ABOVE THE BURGH, LLC. ‘s specific proposed flight

operations.

The FAA has previously granted relief from Section 61.113(a) and (b) specific to

UAS, in circumstances similar, in all material respects, to those presented herein (e.g.

Exemption Nos. 11062, 11063, 11064, 11065, 11066, 11067, 11080, 11109, 11110, 11112,

11136, 11138, 11150, 11153, 11156, 11158, 1 1159, 11160, 11161).

ABOVE THE BURGH, LLC. will not allow any PIC to operate the DJI Phantom

2 Vision+ or DJI Inspire 1 UAS unless that PIC has demonstrated, by meeting minimum

flight

- hour requirements or the DJI Phantom 2 Vision+ or DJI Inspire 1 UAS tr aining and

currency requirements, that the PIC is able to safely operate the DJI Phantom 2 Vision+ or

DJI Inspire 1 UAS in a manner consistent with this exemption, including evasive and

emergency maneuvers and maintaining appropriate distances from people, vessels,

vehicles and structures.

Specifically, the PIC must have accumulated and logged, in a manner consistent

with 14 C.F.R. § 61.51(b), 25 hours of total time as a UAS rotorcraft pilot (with a

minimum of 5 hours of those hours as a UAS pilot operating the same make and model of

UAS to be used for operations under the exemption). In addition to the hour requirements,

the PIC must accomplish 3 takeoffs and landings in the preceding 90 days (for currency

purposes).28 As in Exemption Nos. 11062, 11138, and 11153, prior documented flight

experience that was obtained in compliance with applicable regulations will ensure an

equivalent level of safety during ABOVE THE BURGH, LLC. ‘s proposed operations.

The Administrator has held that prior documented flight exp erience that was obtained in

compliance with applicable regulations would ensure safe operations, stating as follows:

In Exemption No. 11062, the FAA required that prior to conducting operations for the purpose of motion picture filming (or similar operati ons), the PIC must have accumulated and logged, in a manner consistent with 14 CFR 61.51(b), 25 hours of total time as a UAS rotorcraft pilot including at least 10 hours logged as a UAS pilot with a multi

- rotor UAS. Prior to operations under Exemption No. 11062, the PIC must also have accumulated and logged a minimum of 5 hours as a UAS pilot operating the same make and model of UAS to be used for operations under the exemption. For clarification, the FAA considers these minimum hour requirements

to be incl usive rather than additive; i.e. 5 hours make and model time may be

included in the 10 hours of multi

- rotor time and the 10 hours may be included in the total 25 hours of UAS rotorcraft time. In addition to the hour requirements, the PIC must accomplish 3 takeoffs and landings in the preceding 90 days (for currency purposes). The FAA finds that at a minimum, the flight

- hour requirements in Exemption No. 11062 are appropriate to practice and build proficiency in the skills necessary to safely conduct the pet itioner’s proposed operations. The FAA also finds that prior documented flight experience that was obtained in compliance with applicable regulations would satisfy this requirement. Training, proficiency, and experience

- building flights can also be conduct ed under the grant of exemption to accomplish the required flight time. During training, proficiency, and experience

- building flights the PIC is required to operate the UA with appropriate

distances in accordance with 14 C.F.R 91.119.

Exemption No. 11138 at page 15.

Accordingly, ABOVE THE BURGH, LLC. will ensure safe operations by not

allowing any PIC to operate the DJI Phantom 2 Vision+ or DJI Inspire 1 UAS unless that

PIC has demonstrated, by meeting minimum flight

- hour and currency requirements, that

the PIC is able to safely operate the DJI Phantom 2 Vision+ or DJI Inspire 1 UAS in a

manner consistent with the exemption, including evasive and emergency maneuvers and

maintaining appropriate distances from people, vessels, vehicles and structures.29 3. Reas ons Why An Exemption From The Requirements Of Section 91.7(a) Would Not Adversely Affect Safety.

The equivalent level of safety established by Section 91.7(a) will be maintained

because prior to every flight, ABOVE THE BURGH, LLC. will ensure that the DJ I

Phantom 2 Vision+ or DJI Inspire 1 UAS is in an airworthy condition based upon the

UAS’s compliance with its operating documents and as stated in the conditions and

limitations herein.

Additionally, the FAA has previously granted relief from Section 91.7 (a) specific

to UAS, in circumstances similar, in all material respects, to those presented herein (e.g.

Exemption Nos. 11062, 11063, 11064, 11065, 11066, 11067, 11080, 11109, 11110, 11112,

11136, 11138, 11150, 11153, 11156, 11157, 11158, 11159, 11160, 11 161).

4. Reasons Why An Exemption From The Requirements Of Section 91.121 Would Not Adversely Affect Safety.

The equivalent level of safety established by Section 91.121 will be maintained

because the altitude information of the DJI Phantom 2 Vision+ and DJ I Inspire 1 UAs will

be provided to the PIC via GPS equipment and a radio communications telemetry data

link, which downlinks from the UA to the GCS for active monitoring of the flight path and

altitude. This altitude information, combined with ABOVE THE B URGH, LLC. ‘s

operation of the DJI Phantom 2 Vision+ and DJI Inspire 1 UAs within visual line of sight,

at or below 500 feet AGL, will ensure a level of safety equivalent to Section 91.121. The

altitude information will be generated by GPS equipment instal led onboard the aircraft.

Prior to each flight, a zero altitude initiation point is automatically established by the

UASs at ground level.

The FAA has previously granted relief from Section 91.121 specific to UAS, in

circumstances similar, in all material respects, to those presented herein (e.g. Exemption30 Nos. 11062, 11063, 11064, 11065, 11066, 11067, 11080, 11109, 11112, 11136, 11138,

11150, 11153, 11156, 11157, 11158, 11159, 11160, 11161).

5. Reasons Why An Exemption From The Requirements Of Section 91.1 51(b) Would Not Adversely Affect Safety.

A grant of this exemption would ensure an equivalent level of safety established by

14 C.F.R. Section 91.151(b) as a result of (1) the technical specifications of the DJI

Phantom 2 Vision+ and DJI Inspire 1 UASs; ( 2) the limitations on the proposed flight

operations; and (3) the location of the proposed flight operations. Accordingly, ABOVE

THE BURGH, LLC. will ensure that it will safely operate the battery powered DJI

Phantom 2 Vision+ and DJI Inspire 1 UAs during daylight hours in VFR conditions, with

enough battery power to fly for a total duration of 13.5 minutes to the first point of

intended landing and, assuming normal cruising speed, to fly after that for at least 4.5

minutes.

Here, as in Exemption No. 11109 , the technical specifications of the DJI Phantom 2

Vision+ and DJI Inspire 1 UASs; the limitations on the proposed flight operations; and the

location of the proposed operations, will ensure an equivalent level of safety established by

14 C.F.R. Section 9 1.151(b). Furthermore, safety will be ensured as the DJI Phantom 2

Vision+ and DJI Inspire 1 UASs provide audible and visual warnings to the PIC at the

GCS when the UAs experiences low battery voltage, the first warning occurring at

approximately 33% remai ning battery power, and again at approximately 10% remaining

battery power. At the critically low battery level, the DJI Phantom Vision+ and DJI Inspire

1 UASs will descend and land automatically.

Significantly, previous exemptions granted by the FAA conce rning Section 91.151

establish that safety is not adversely affected when the technical characteristics and

operating limitations of the UAS are considered. Relief has been granted for manned31 aircraft to operate at less than the minimums prescribed in Sec tion 91.151, including

Exemption Nos. 2689, 5745, and 10650. Moreover, the FAA has previously granted relief

from Section 91.151 specific to UAS, in circumstances similar, in all material respects, to

those presented herein (e.g. Exemption Nos. 8811, 10808 , 10673, 11042, 11062, 11063,

11064, 11065, 11066, 11067, 11080, 11109, 11110, 11136, 11138, 11150, 11153, 11156,

11157, 11158, 11159, 11160, 11161).

6. Reasons Why An Exemption From The Requirements Of Sections 91.405(a), 91.407(a)(1), 91.409(a)(1) & (a)(2 ), And 91.417(a) & (b) Would Not Adversely Affect Safety.

In seeking this exemption, ABOVE THE BURGH, LLC. submits that the

equivalent level of safety with regard to the regulatory maintenance and alteration

requirements established by Sections 91.405(a) , 91.407(a)(1), 91.409(a)(1) & (a)(2), and

91.417(a) & (b) will be met because ABOVE THE BURGH, LLC. will use trained

technicians to perform maintenance, alterations, or preventive maintenance on the UASs

using the methods, techniques, and practices presc ribed in the operating documents (i.e.,

the ABOVE THE BURGH, LLC. Aerial Operations Manual, Monthly Maintenance Log,

and DJI Phantom 2 Vision+ and DJI Inspire 1 Instruction Manual). Furthermore, ABOVE

THE BURGH, LLC. will document and maintain all mainte nance records for the DJI

Phantom 2 Vision+ and DJI Inspire 1 UASs.

Since the DJI Phantom 2 Vision+ and DJI Inspire 1 UASs will be inspected as

prescribed by the operating documents, ABOVE THE BURGH, LLC. will maintain the

equivalent level of safety estab lished by Sections 91.405(a), 91.409(a)(1), and

91.409(a)(2). A copy of the DJI Phantom 2 Vision+ and DJI Inspire 1 User Manuals are

attached hereto as Exhibit C and D; a copy of the DJI Phantom 2 Vision+ and DJI Inspire 1

UAS Maintenance LOG is attached h ereto as Exhibit E.32 Likewise, the exemption sought will not adversely affect safety because ABOVE

THE BURGH, LLC. will use trained technicians to perform maintenance, alterations or

preventive maintenance on the UAS using the methods, techniques, and pra ctices

prescribed by the operating documents.

Furthermore, the exemption sought would maintain an equivalent level of safety

established by Sections 91.407, 91.417(a) and 91.417(b), because all maintenance of the

DJI Phantom 2 Vision+ and DJI Inspire 1 UAS s will be performed by trained technicians.

Maintenance will be documented and maintained utilizing the monthly maintenance log.

Significantly, previous exemptions granted by the FAA concerning Sections

91.405(a), 91.407(a)(1), 91.409(a)(1) & (a)(2), and 9 1.417(a) & (b) establish that safety is

not adversely affected when the technical characteristics and operating limitations of the

UAS are considered.

In consideration of ABOVE THE BURGH, LLC. ‘s proposed operating

limitations, the operating documents, and the technical aspects of the DJI Phantom 2

Vision+ and DJI Inspire 1 UASs, ABOVE THE BURGH, LLC. submits that safety will

not be adversely affected by granting exemption from 14 C.F.R. Sections 91.405(a),

91.407(a)(1) and (a)(2), 91.409(a)(2), and 91.417 (a) and (b). The FAA has previously

granted relief specific to UAS in circumstances similar, in all material respects, to those

presented herein (e.g.

Exemption Nos. 11062, 11063, 11064, 11065, 11066, 11067, 11080, 11109, 11110, 11112,

11136, 11138, 11150 , 11153, 11156, 11157, 11158, 11159, 11160, 11161).

7. The FAA May Prescribe Any Other Conditions For Safe Operation.

In accordance with Section 333 of the FAA Modernization and Reform Act of 2012

(FMRA) and 14 C.F.R. § 21.16 entitled Special Conditions, AB OVE THE BURGH, LLC.33 requests that the FAA prescribe special conditions for the intended operation of the DJI

Phantom 2 Vision+ and DJI Inspire 1 UASs, which contain such safety standards that the

Administrator finds necessary to establish a level of safe ty equivalent to that established by

14 C.F.R. Part 21, Subpart H, and 14 C.F.R §§ 61.113(a) & (b), 91.7 (a), 91.121,

91.151(b), 91.405(a), 91.407(a)(1), 91.409(a)(1) & (a)(2), and 91.417(a) & (b). Such

special conditions will permit safe operation of the UAs for the limited purpose of

conducting aerial video and photography over certain areas of the United States for

compensation or hire. FMRA Section 333 sets forth the requirements for considering

whether a UAS will create a hazard to users of the NAS or the public, or otherwise pose a

threat to national security; and further, provides the authority for such UAS to operate

without airworthiness certification in accordance with any requirements that must be

established for the safe operation of the UAS in the NAS.

Likewise, the Administrator may prescribe special conditions pursuant to 14 C.F.R.

§ 21.16, for operation of the DJI Phantom 2 Vision+ and DJI Inspire 1 UASs, since the

airworthiness regulations of 14 C.F.R. Part 21 do not contain adequate or app ropriate

safety standards, due to the novel or unusual design features of the aircraft. Section 21.16,

entitled Special Conditions, states the following:

If the FAA finds that the airworthiness regulations of this subchapter do not contain adequate or appr opriate safety standards for an aircraft, aircraft engine, or propeller because of a novel or unusual design feature of the aircraft, aircraft engine or propeller, he prescribes special conditions and amendments thereto for the product. The special conditi ons are issued in accordance with Part 11 of this chapter and contain such safety standards for the aircraft, aircraft engine or propeller as the FAA finds necessary to establish a level of safety equivalent to that established in

the regulations.

See 14 C.F.R. § 21.16.34 Therefore, in accordance with FMRA Section 333 and 14 C.F.R. § 21.16, the FAA

may prescribe special conditions for Leading Edge’s intended operation of the DJI

Phantom 2 Vision+ and DJI Inspire 1 UASs, which contain such safety standards t hat the

Administrator finds necessary to establish a level of safety equivalent to that established by

14 C.F.R. Part 21, Subpart H, and 14 C.F.R Sections 61.113(a) & (b), 91.7(a), 91.121,

91.151(b), 91.405(a), 91.407(a)(1), 91.409(a)(1) & (a)(2), and 91.4 17(a) & (b).

F. A Summary That Can Be Published In The Federal Register, stating: The Rules

From Which ABOVE THE BURGH, LLC. Seeks Exemption:

ABOVE THE BURGH, LLC. seeks exemption from the requirements of 14 C.F.R Sections 61.113(a)&(b), 91.7(a), 91.121, 9 1.151(b), 91.405(a), 91.407(a)(1), 91.409(a)(1) & (a)(2), and 91.417(a) & (b).

A Brief Description Of The Nature Of The Exemption ABOVE THE BURGH, LLC. Seeks:

This exemption will permit ABOVE THE BURGH, LLC. to commercially operate an Unmanned Aircraft System (UAS) for the purpose of conducting aerial video and photography over certain areas of the United States.

G. Any Additional Information, Views, Or Arguments Available To Support ABOVE THE BURGH, LLC. ‘s Request.

This Petition is made pursuant to the FAA Modernization and Reform Act of 2012

(FMRA) Section 333, which directs the Secretary of Transportation to determine if certain

UAS may operate safely in the NAS. As such, ABOVE THE BURGH, LLC. ‘s request for

exemption may be granted pursuant to the aut hority of FMRA Section 333 and 14 C.F.R.

Part 11, as set forth above.

FMRA Section 333 sets forth the requirements for considering whether a UAS will

create a hazard to users of the NAS or the public, or otherwise pose a threat to national

security; and fu rther, provides the authority for such UAS to operate without airworthiness

certification.35 As discussed in detail above, ABOVE THE BURGH, LLC. will operate the DJI

Phantom 2 Vision+ and DJI Inspire 1 UASs safely in the NAS, without creating a hazard to

u sers of the NAS, or the public, or otherwise pose a threat to national security.

CONCLUSION

As set forth herein, ABOVE THE BURGH, LLC. seeks an exemption pursuant to

14 C.F.R. § 11.61 and Section 333 of the FAA Modernization and Reform Act of 2012 (FMRA) , which will permit safe operation of the DJI Phantom 2 Vision+ and DJI Inspire 1 UASs commercially, without an airworthiness certificate, for the limited purpose of conducting aerial video and photography over certain areas of

the United States. By granti ng this Petition, the FAA Administrator will be fulfilling the Congressional mandate of the FAA Modernization and Reform Act of 2012, while also advancing the interests of the public, by allowing ABOVE THE BURGH, LLC. to safely, efficiently, and economica lly operate the DJI Phantom 2 Vision+ and DJI Inspire 1 UASs commercially within the NAS.

WHEREFORE

, in accordance with the Federal Aviation Regulations and the FAA

Modernization and Reform Act of 2012, Section 333, ABOVE THE BURGH, LLC.

respectfully requ ests that the Administrator grant this Petition for an exemption from the

requirements of 14 C.F.R Sections 61.113(a) & (b), 91.7(a), 91.121, 91.151(b), 91.405(a),

91.407(a)(1), 91.409(a)(1) & (a)(2), and 91.417(a) & (b), and permit Leading Edge to

operate the DJI Phantom 2 Vision+ and DJI Inspire 1 UASs commercially for the purpose

of conducting aerial video and photography over certain areas of the United States.

Dated: March 2, 201536 Respectfully submitted,

ABOVE THE BURGH, LLC.

/s/ R.Todd Hassinger

Todd Hassinger

P.O. Box 598 Wexford, PA 15090 Tel: ( 412 ) 992

- 6971

Appendices :

A

– DJI Phantom 2 Vision+ Specifications Data Sheet

B

– DJI Inspire 1 Specifications Data Sheet

C

– DJI Phantom 2 Vision+ Manufacturer’s User Manu al

D

– DJI Inspire 1 Manufacturer’s User Manual

E

– Monthly Maintenance Log37 APPENDIX

– A

DJI PHANTOM 2 VISION+ TECHNICAL SPECIFICATIONS

ABOVE THE BURGH, LLC. only utilizes safe and reliable UASs. DJI is an industry

leader in small UAS production. DJI U ASs are loaded with ground breaking software enabling the user to set parameters which will not allow flight into controlled airspace.

Parameters can also be set to limit flight to no higher than a predetermined and set altitude as well as limit flight to a predetermined and set distance. In addition, DJI software provides real

- time altitude and location information to the PIC via the linked monitor (smart phone/tablet devices)

1.1 DJI Phantom 2 Vision+

1.1.1 Aircraft

1.1.1.1 Supported Battery

– DJI 5200mAH LiPo Battery

1.1.1.2 We ight (Battery & Propellers Included)

– 2lbs 11.810oz (1242g)

1.1.1.3 Hover Accuracy (Ready to Fly)

– Vertical: .8m; Horizontal: 2.5m

1.1.1.4 Max Yaw Angular Velocity

- 200 0 /s

1.1.1.5 Max Tilt Angel

- 35 0

1.1.1.6 Max Ascent Speed

– 6m/s

1.1.1.7 Max Descent Speed

– 2m/s

1.1.1.8 Max Flight Speed

– 15m/s (NOT RECOMMENDED)

1.1.2 Gimbal

1.1.2.1 Working Current

– Static: 750mA; Dynamic: 900mA

1.1.2.2 Control Accuracy

- ±0.03 0

1.1.2.3 Controllable Range

– Pitch:

- 90 0

- 0 0

1.1.2.4 Maximum Angular Spe ed

– Pitch: 90 0 /s

1.1.3 Camera

1.1.3.1 Operating Temperature Range

- 32 0 F

- 104 0 F (0 0 C

- 40 0 C)

1.1.3.2 Sensor Size

– 1/2.3”

1.1.3.3 Effective Pixels

– 14M

1.1.3.4 Resolution

– 4384x3288

4.1.3.5 HD Video Recording

– 1080p30 & 720p

4.1.3.6 Recording Field of View

- 110 0 /85 0

1.1.4 Transmitter

1.1.4.1 Operating Frequency

– 5 .728GHz

– 5.85GHz

1.1.4.2 Communication Distance (unobstructed)

– FCC Compliance: 800m

1.1.4.3 Receiver Sensitivity (1%PER)

- - 93dBm

1.1.4.4 Transmitter Power

– FCC Compliance: 100mW

1.1.4.5 Working Voltage

– 120mA@3.7V

1.1.5 Range Extender38 1.1.5.1 Operating Freq uency

– 2412

- 2462MHz

1.1.5.2 Communication Distance (unobstructed)

– 500

- 700m

1.1.5.3 Transmitter Power

– 20dBm

1.1.5.4 Power Consumption

– 2W39 APPENDIX

– B

DJI INSPIRE 1 TECHNICAL SPECIFICATIONS

ABOVE THE BURGH, LLC. only utilizes safe and reliable UASs. DJI is an industry

le ader in small UAS production. DJI UASs are loaded with ground breaking software enabling the user to set parameters which will not allow flight into controlled airspace.

Parameters can also be set to limit flight to no higher than a predetermined and set a ltitude

as well as limit flight to a predetermined and set distance. In addition, DJI software provides real

- time altitude and location information to the PIC via the linked monitor (smart phone/tablet devices)

2.2 DJI Inspire 1

2.2.1 Aircraft

2.2.1.1 Model

– T600

2.2.1.2 Weight (Battery Included)

– 6lbs 7.5291oz (2935g)

2.2.1.3 Hovering Accuracy (GPS Mode)

– Vertical: 0.5m; Horizontal: 2.5m 2.2.1.4 Max Angular Velocity

– Pitch: 300 0 /s; Yaw: 150 0 /s 2.2.1.5 Max Tilt Angle

- 35 0 2.2.1.6 Max Ascent Speed

– 5m/s

2.2.1.7 Max Descent Speed

– 4m /s

2.2.1.8 Max Speed

– 22m/s (ATTI mode, no wind

– NOT RECOMMENDED)

2.2.1.9 Max Flight Altitude

– 4500m

2.2.1.10 Max Wind Resistance

– 10m/s

2.2.1.11 Max Flight Time

– Approximately 18 minutes

2.2.1.12 Motor Model

– DJI 3510

2.2.1.13 Propeller Model

– DJI 1345

2.2.1.14 Operating Temperatur e Range

– 14 0 F to 104 0 F (

- 10 0 C to 40 0 C)

2.2.1.15 Dimensions

– 17 1⁄4 ” x 17 3⁄4 ” x 12”

2.2.2 Gimbal

2.2.2.1 Model

– ZENMUSE X3

2.2.2.2 Output Power (with camera)

– Static: 9W; In Motion: 11W 2.2.2.3 Operating Current

– Static: 750mA; In Motion: 900mA 2.2.2.4 Angular Vibration Range

- ± 0.03 0

2.2.2.5 Mounting

– Detachable

2.2.2.6 Controllable Range

– Pitch:

- 90 0 to +30 0 ; Pan: ±320 0

2.2.2.7 Mechanical Range

– Pitch:

- 125 0 to 45 0 ; Pan: ±330 0

2.2.2.8 Max Controllable Speed

– Pitch: 120 0 /s; Pan: 180 0 /s

2.2.3 Camera

2.2.3.1 Name

– X3

2.2.3.2 Model

– FC350 2.2.3.3
Total Pixe ls

– 12.76M40 2.2.3.4 Effective Pixels

– 12.4M

2.2.3.5 Image Max Size

– 4000x3000 2.2.3.6 ISO Range

– 100

- 3200

2.2.3.7 Field of View

- 94 0

2.2.3.8 CMOS

– Sony EXMOR 1/2.3”

2.2.3.9 HD Video Recording

– UHD(4K): 4096x2160p24/25, 3840x2160p24/25/30; FHD: 1920x1080p24/25/30/48/50/60;

HD: 1280x720p 24/25/30/48/50/60

2.2.3.10 Operating Temperature Range

- 32 0 F

- 104 0 F (0 0 C

- 40 0 C)

2.2.4 Transmitter

2.2.4.1 Name

– C1

2.2.4.2 Operating Frequency

– 5.728

- 5.850GHz; 2.400

- 2.483GHz

2.2.4.3 Communicating Distance (unobstructed)

– 2000m

2.2.4.4 Output Power

– 9W

2.2.4.5 Operating Temperature Range

- 14 0 F to 104 0 F (

- 10 0 C to 40 0 C)

2.2.4.6 Battery

– 600mAh LiPo 2S41 APPENDIX

– C

DJI Phantom 2 Vision+ Manufacturer’s User Manual42 APPENDIX

– D

DJI Inspire 1 Manufacturer’s User Manual43 APPENDIX

– E

MONTHLY MAINTENANCE LO G

month: year:

UAS #: Date Issue

Discovered Date Issue

Addressed Issue(Description(&(Maintenance(Conducted Maintenance Performed By:

Print & Sign

Software Updates

Airframe

Engines

Propellers

Camera Gimbal

Lan ding Gear

Vibration Dampening

Other: