**UNITED STA TES OF AMERICA** 

**DEPA RTMENT OF TRA** **NSPORTA TION**  **DOCKET MA NA** **GEMENT SYSTEM 1200 NEW JERSEY AVE., SE**  **WA SHINGTON, DC** 

Regulatory Docket No. IN THE MATTER OF THE PETITION FOR EXEMPTION OF:

**Sense A bov** **e, LLC** FOR AN EXEMPTION SEEKING RELIEF FROM THE REQUIREMENTS OF TITLE 14 OF THE CODE OF FEDERAL REGULATIONS SECTIONS: Part 21 Subpart H, 45.23 (b), 61.113(a) &(b), 91.7 (a), 91.103, 91.109 (a), 91.119 (c), 91.121, 91.151 (a), 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+ v3 SMALL UNMANNED AIRCRAFT SYSTEM PURSUANT TO SECTION 333 OF THE FAA MODERNIZATION AND REFORM ACT OF 2012 (PUBLIC LA

W 112

-95) Submitted on 6/23/2015 Sense Above, LLC 9225 County Road 513 Alvarado, TX 76009 (214) 308

-8377**Summary**

Cover Letter 1/ the Company 2/ the Small Unmanned System (sUAS) Model 3/ Operations 4/Public Interest 5/ Extent of relief Sense Above is seeking 6/ List of Exemptions to regulations requested and equivalent level of safety Annex 1 Manufacturer Manual Annex 2 Manufacturer Checklists Annex 3 Sense Above ChecklistsUS Department of Transportation

Docket Management System 1200 New Jersey Ave., SE Washington, DC 20590 Dear Sir or Madam, Sense Above LLC, a Texas registered company, located 9225 County Road 513 Alvarado 76009 Texas, intends to fly commercially an small unmanned system, and is petitioning for an exemption based on FAA Section 333 to operate a sUAS (hereunder described) in NAS. Weare aware ofthe safety risks involved by flying a sUAS in the NAS and this petition will present our sUAS model, characteristics, our standard operating procedures (SOP’s), and our certification requirements regarding pilots in command of the sUAS

. Sense Above wish to use commercially a sUAS in order to propose aerial photography and training for third parties. Sense Above is committed to help businesses and public agencies to access sUAS technology Sense Above contemplate to use its model sUAS hereunder described to perform flight demonstrations, aerial photography/videography for third parties, and instruction / training regarding flight and maintenance ofthe model of sUAS hereunder described. The Reform Act gives the Secretary of Transportation the authority to determine if certain sUAS may operate safely in the national airspace system (NAS) before completion of the FAA’s plan and rulemaking to integrate sUAS into the NAS. The Reform Act directs the Secretary to consider which types of sUAS 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 or a threat to national security. If the secretary determines that such vehicles may operate safely in the NAS, the Secretary “shall establish requirements for the safe operation of such aircraft.” Committed to safety with each flight this exemption request would permit operation of unmanned (piloted by remote control) sUAS in tightly controlled and limited airspace and predetermined areas away from general public, airports, heliports and vehicular traffic. We contemplate to operate in the region of North Texas, more specifically in and around the DFW Metroplex, with respect of the required distant radius from International airport (5miles) and other airports without communication tower or heliports (3 miles radius), and other flight limitations listed hereunder (III Operations)

.Safety protocols and controls are in place and described in this petition, those protocols

aim to avoid and prevent public hazard, as well as manned aircraft hazards/catastrophe. Further I Edouard Maurin, as the CEO of Sense Above, will conduct my operations in compliance with the protocols described herein or as otherwise established by the FAA. For the reasons stated below I, Edouard Maurin respectfully request the grant of an exemption allowing Sense Above llc to operate remote controlled sUAS’s for perform aerial photography/videography and/or training/academic services for third parties providing that the sUAS fly in class G airspace at or below 400 feet above ground level (ALG), in line of sight of the PIC (Pilot in Command) and the VO (Visual Observer) during daylight hours and above controlled privately owned and operated property

. Sense Above’s sUAS weigh less than 3 pounds including payload. The sUAS will operate at no more than 50 knots and have the capability to hover, and move vertically and horizontally simultaneously. Operationswould be conducted above privately owned and operated properties, with the consent of owner/operator. Sense Above operations will be performed by sUAS pilots holding at less Aeronautical knowledge airmen certification, sport pilot licenses, and in a manner consistent with 14 CFR 61.51(b), 25 hours of total time as a sUAS rotorcraft pilot including at least 10 hours logged as a sUAS Pilotthe sUAS hereunder described (II the Small Unmanned Aircraft model). The grant of this exemption request is in the public interest, does not create a hazard to users of the NAS or the public, or pose a threat to national security. In the following pages Sense Above addresses all areas of concern to include; Equivalent levels of safety Exemptions requested Sense Above appreciates your consideration in this matter. Very Respectfully **Edouard Maurin** CEO Sense Above, LLC

## I**) the Company** 

Sense Above was founded in 2015 in an effort to provide the North Texas area with business opportunities utilizing sUAS technology. sUAS is a much safer alternative to aerial imaging than the traditional use of light aircraft in the past. Sense Above aims to help business owners or public agencies to benefit from sUAS aerial imagery capabilities, and we plan to help them have a full access to this technology as well

. Weare contemplating to **perform aerial**  **photography/videography** for third parties and also **train** individuals to fly sUAS safely

. Our goal is to accompany customers to learn and use sUAS and also to help them comply with existing and pending rules, should they buy a drone themselves. Sense Above Owners (Edouard Maurin CEO

- Kolton Krottinger COO) has over 40 hours offlight with this sUAS each in a hobby capacity, since the acquisition of the sUAS in fall 2014

. 

## II**) T** **he S** **mall Unmanned**  **Sy stem**  **(sU AS** **) Model**  Section 333 of the “FAA Modernization and Reform Act of 2012” states: “... the SecretaryofTransportation shall determine ifcertain unmanned aircraftsystems may operate safely in the national airspace system... In making the determination under subsection (a). the Secretary shall determine, at a minimum

– (1) which types of unmanned aircraft systems, ifany, as a result oftheir size, weight, speed, operational capability, proximity to airports andpopulated 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...” Sense Above will utilize the DJI Phantom 2 Vision + to conduct its missions. This aircraft have fail safe features to include geo fencing and lost link return home capability. DJI is the manufacturer of multirotor sUAS aircraft weighing less than 25lbs and has developed technology that will enhance safe sUAS operations within the NAS.Airframe : 1000g / Payload (Camera) : 242gRemote Controller: **5,728 GHz -**  **5,85 GHz**/ Communication distance : FCC Compliance

800m / FCC ID : SS3

-201309581 Range Extender:**2412 MHz -** **2462 MHz**/ Communication distance 500

-700m / FCC ID : SS3

-RE7001402 Complete specs and manual: INDEX 1 

## III Operations A. The sUAS shall not operate within 5 nautical miles of the geographic center of any airport as denoted on the 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. This letter of agreement with the airport management shall be made available to the Administrator upon request. B. The sUAS will only operate within the lateral boundaries of approved privately owned and operated property. An Operations Area within those boundaries will be established for each flight. These areas will be free of unnecessary hazards or risks and non

participating personnel. a. The sUAS shall only operate within a pre

-defined OperationsArea that shall be thoroughly inspected by the PIC for buildings, overhangs, obstacles, wires, poles, people, vehicles, sun angle, shadows, glare, reflective surfaces, clouds, smoke, and terrain among other potential hazards C. Flights shall be conducted under day visual meteorological conditions (VMC). a. In addition, the sUAS shall 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. b. sUAS operations shall not be conducted during night, as defined in 14 CFR §1.1. c. Flights shall not be conducted under special visual flight rules (SVFR). D. Flights shall be operated at an altitude below 400 feet AGL.E. The PIC shall be prohibited from operating the sUAS from any moving device or

vehicle. F. The sUAS shall be operated within VLOS of the PIC.

a. The PIC shall maintain VLOS without the aid of telescopes, cameras or other devices. b. The PIC will maintain VLOS with their own vision, which includes the use of eyeglasses or corrective lenses as specified on the PIC’s medical certificate. G. The sUAS shall remain clear and yield the right of way to manned operations and activities at all times including, but not limited to, ultralight vehicles, parachute activities, parasailing activities, hang gliders, etc. H. Sense Above will require the PIC and VO to have successfully completed a qualification process which will include ground and flight training, as outlined in the Manufacturer’s Operating Manual. I. The PIC’s primary responsibility while in flight is the safe operation of the sUAS. **Permitting** A. All required permissions and permits shall be obtained from territorial, state, county, or cityjurisdictions, including local law enforcement, or other appropriate governmental agencies. B. At least three days before a scheduled mission, Sense Above shall submit a written plan of activities to the local flight standards district office withjurisdiction over the area of the proposed flight. The 3

-day notification may be waived with the concurrence of the FSDO. 1. The plan of activities shall include at least the following: 2. Dates and times for all requested flights 3. Name and phone number of Sense Above sUAS Flight Operations 4. Name, certificate, phone number of the PIC responsible 5. Make, and model of sUAS to be used 6. Statement from Sense Above that it will be operating on approved privately owned and operated property; the list of those who gave permission shall be made available on request. 7. Description of the flight activity, including maps or diagrams of any area over which flights will be conducted, the relationship of that area to any nearby city, town, etc., and the altitudes essential to accomplish the operation 8. Signature of exemption

-holder or representativeC. Documents required under 14 CFR §91.9 and §91.203 shall be readily available to

the PIC any time the aircraft is in operation. These documents shall be made available to the Administrator or any law enforcement official upon request. D. Sense Above shall request a Notice to Airman (NOTAM) not more than 72 hours in advance, but not less than 48 hours prior to the operation. E. Sense Above shall obtain the consent of all persons involved in the operation and ensure that only consenting persons be allowed within 500 feet of the Operations Area. **AE RA**  **OF OPERA TION** **S :**  flights limitations / international airports.International airports local airports



## IV Public Interest The demand for aerial photography and sUAS aerial photography and training with affordable and convenient airframes like the DJI Phantom is important in the DFWarea. The product is highly available and a lot of businesses are willing to use those technologies in a safe and lawful manner
. Our will is to help those entities, public or private, to access and implement the technology in compliance with FAA and TSA regulations

. To achieve this goal we plan to provide DFW metroplex area customers with aerial pictures or videos to address their immediate needs for real estate aerial photography, local survey, construction site aerial photography, or emergency operations support. We also want to advise customers on the safest and economic solutions available on the market to make this technology their own safe aerial technology, through consultancy and training services. The public’s interest is achieved by the safe integration of sUAS into the NAS, and the effort to improve customers training and safety awareness education

. sUAS can offer a low cost alternative to the traditional methods of aerial video and photography taken from fixed wing or rotor aircraft. This opens up financial boundaries for consumers to take video, pictures, and inspections of their property.sUAS offers reduced noise and a much smaller environmental impact than traditional

aircraft. With its light weight and small footprint as well as lack of fuel (in a traditional sense), any incident or accident is much less likely to cause damage to persons or property. 

## V) **Extent of relief Sense A bov** **e is seeking** I, Edouard Maurin submit this application on the behalf of my company, Sense Above, in accordance with the Reform Act, 112 P.L. 95 §§ 331

-334, seeking relief from any currently applicable FARs operating to prevent Sense Above, to perform commercial sUAS aerial photography, academic/training and other flight operations within the national airspace system. The Reform Act in Section 332 provides for such integration of civil unmanned aircraft systems into our national airspace system as it is in the public’s interest to do so. Sense Above’s sUAS meets the definition of “small unmanned aircraft” as defined in Section 331 and therefore the integration of this sUAS is expressly contemplated by the Reform Act. The Reform Act guides the Secretary in determining the types of sUAS's that may operate safely in the national airspace system. Considerations include: The weight, size, speed and overall capabilities of the sUAS; whether the sUAS will be operated near airports or heavily populated areas; and,whetherthe sUAS will be operated by line of sight. 112 P.L. 95 § 333 (a). Each of these items reflect in favor of an exemption for Sense Above. Our sUAS utilizes four (4) counter
-rotating propellers for balance, control and stability. Our sUAS is equipped with GPS and auto return safety technology. Weighing less than three (3) pounds including camera with gimbal. Built in safety systems include a GPS mode that allows our sUAS to hover in place when radio controls are released. When pilot communication is lost the sUAS is designed to slowly descend to point oftake

-off. We will not operate sUAS near airports, Hospitals nor Police heliports, and will not operate near areas where general public is within five hundred (500) feet depending on location, conditions and weather. Weare constantly on alert for any manned aircraft (Police/Medical helicopters, etc.) and prepared to land/abort immediately to the nearest and safest ground point should a manned aircraft approach our location or we suspect manned aircraft may approach near our location (see Annex 3 Sense Above Checklists and SOP’s/Preflight Briefing/Contingency Procedures). Our sUAS is capable of vertical and horizontal operations, and isflown only within line ofsight of PIC,VO, and (if any) Remote sensor operator RSO). Utilizing battery power ratherthan combustible fuels, flights generally last between eight (8) to sixteen (16) minutes, with an altitude underfour hundred (400)feet. SenseAbove utilizes a fresh fully charged battery with each flight as a safety precaution; full flight time limit for each battery is 25 minutes as tested. Wedo not operate the sUAS at orbelow manufacture recommend minimum charge levels for operation; preferring to

remain well within a safe operating range to insure adequate communication between radio control and sUAS to eliminate potential for crash, loss of control or hazard. Reserve batteries are at hand with each exercise to insure replacement for sufficient safe level of operation. We, Sense Above, are extremely cautious when operating sUAS and will not “create a hazard to users of the national airspace system or the public.” 112 P.L. 95 § 333 (b). The size, weight and enclosed operational area of Sense Above’s sUAS permits exemption from Part 21 because sUAS meets (and exceeds) an equivalent level of safety pursuant to Section 333 of the Reform Act. This exemption will not adversely affect safety. Sense Above only operates in reasonably safe environment that are strictly controlled, are away from power lines, elevated lights, airports and actively populated areas; we conduct extensive pre-flight inspections and protocol, during which safety carries primary importance; we have procedures (Annex 3 Sense Above’s Checklists/mission planning) in place to abort flights in the event of safety breaches or potential danger. Our safety protocols provide a level of safety equal to or exceeding existing rules. First, the potential loss of life is diminished because sUAS's carry no people on board and Sense Above only operates its sUAS in specific areas away from mass populations. Second, there is no fuel on board a sUAS and thus the potential for fire or explosions is greatly diminished. Third, the small size and extreme maneuverability of the sUAS allows us to remotely pilot away from and avoid hazards quickly and safely.



## VI) **List of Exemptions to regulations requested**  **and equi** **val ent lev** **el of safety 14 C.F.R. Part 21 Subpart H**  **- Ai** **rw orthiness Certificates**  14 C.F.R. Part 21 Subpart H States: The procedural requirements for the issuance of airworthiness certificates as required by 14 C. F. R. § 91 203(a)(l) Given the small size of the sUAS, the limited operating areas and meticulous procedures defined within the operations section of this document, an exemption from Part 21 Subpart H meets the requirements of an equivalent level of safety under Part II and section 333 of the “Reform Act” with consideration “of size, weight, speed, operation capability, and proximity to airports and populated areas of the particular UAS.”No operations within one statute mile; Prior notice given to ATC tower/Airport Operator

within five statute miles. • Minimum distance of 500 ft from persons, structures, roads and vehicles not being photographed. • Operations will be contained within one square mile and all dangers identified and mitigated before the flight plan is finalized into the GPS flight planning program. The size, weight and enclosed operational area of our sUAS permits exemption from Part 21 because our sUAS meets (and exceeds) an equivalent level of safety pursuant to Section 333 of the Reform Act. The FAA is authorized to exempt aircraft from the airworthiness certificate requirement under both the Act (49 U.S.C. § 44701 (f)) and Section 333 of the Reform Act. Both pieces of legislation permit the FAA to exempt sUAS's from the airworthiness certificate requirement in consideration of the weight, size, speed, maneuverability and proximity to areas such as airports and dense populations.

**14 C.F.R. 45.23(b) -** **Ai rcraft Marking and Identification Requirements**  A. 14 C.F.R. § 45.23(b): Markings of the Aircraft: states: 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 orpilot 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. Sense Above will ensure compliance with§ 45.29(t) to meet the intent of the regulation by placing the word "experimental" on the fuselage of the air vehicle(s). **14 C.F.R. 61.113 (a)(b) -**  **Private and Pilot Privilege a nd Limitations**  14 C.F.R. § 61.113: (a) Except asprovidedinparagraphs (b) through (g) ofthis section no person who holds a private pilot certificate may act as pilot in command of an aircraft that is carrying passengers orproperty for compensation orhire; nor may that person, for compensation orhire act as pilot in command ofan aircraft. (b) A private pilot may, for compensation orhire, act as pilot in command ofan aircraft in connection with any business or employment if: (1) The flight is only i ncidental to that business or employment; and (2) The aircraft does not carry passengers or property for compensation or hire. 1. Due to the fact that there are no standards for private or commercial sUAS operations, Sense Above requests to utilize at least certified airmen holding a ground instruction certificate and/or a sport pilot license with a third class medical certificate and/or a valid Driver License in support of its own operations.2. Knowledge of flight characteristics and the Federal Aviation Regulations (FARs),

along with the ability to physically manipulate the controls of the sUAS are the critical aspects of the requested operation. Sense Above feels this can be accomplished by a private pilot that has specific training on the sUAS aircraft and operates in accordance with the Sense Above sUAS Operating Manual, Federal Aviation Regulations, local, state and federal laws. 3. The risks associated with the operation of a sUAS are so diminished from the level of risk associated with commercial aviation operations contemplated by Part 61 when drafted, that allowing operations of the sUAS as requested with a sport pilot license holderas the PIC exceeds the present level of safety achieved by 14 C.F.R. §61.113 (a) & (b). 4. Equivalent or better safety levels will be achieved as there will be no human beings on board the sUAS aircraft. 5. FAA has authority to waive pilot requirements for commercial operations under 49 U.S.C §44701(f). **14 C.F.R. 91.7(a) -**  **Civil A ircraft A** **irw orthiness**  14 C.F.R. 91.7(a) States: No person may operate a civil aircraft unless it is in an airworthy condition. As no such certificate will be applicable in the form contemplated by the FARs, this Regulation is inapplicable. In an effort to provide an equivalent level of safety, daily pre and post flight inspections will be accomplished in accordance with manufactures maintenance manuals(s) and guidance. **14 C.F.R. 91.103 -**  **Preflight A ction**  14C.F.R. 91.103 States: Each pilot in command shall, before beginning a flight, become familiar with all available information concerning that flight. This information must include

- (paragraphs a, b, 1 and 2) A pre-flight mission brief must be attended by all crew members. This pre-flight mission brief will contain weather and all flight information including emergency and abort procedures **14 C.F.R. 91.109(a) -**  **Flight Instruction** 14 C.F.R. 91.109(a) States: 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. The majority of sUAS by design are developed with single operational control through the use of pre-determined GPS enabled waypoints programmed before or during flight in addition to the use of a single hand held transmitter or control station controlled by the PIC. The design does not allow for dual controls during flight training and thereforethe exemption is requested to qualify/certify operators as required by the manufacturer

along with specific operations training and procedures identified in Annex 2 and 3

. An equivalent level of safety will be ensured during training operations by utilizing the same flight planning process for normal operations. In the flight planning document, all ground hazards will be identified and mitigation techniques will be enacted to ensure flights stay outside of 500 ft of any improved roads, vehicles, persons or structures. All training operations will be conducted within a confined space on private land in

-which permission has been obtained by land owner prior to the execution of training. NOTE: The FAA has set precedent by previously issuing exemptions for§ 91.1 09(a): Exemption Nos. 5778K and 9862A. Also, see most recent exemption approvals for Astraeus Aerial, Aerial MOB. HeliVideo Productions, RC Pro Product ions. Snaproll Media and Pictorvision for further justification of approval **14 C.F.R. 91.119 (c) -**  **Minimum Safe A ltitudes**  14 C.F.R. 91.119 (c) States: Except when necessary for takeoffor landing, no person may operate an aircraft below the following altitudes: (c) Over other than congested areas. An altitude of 500 feet above the surface, except over open water or sparsely populated areas. In those cases, the aircraft may not be operated closer than 500 feet to any person, vessel, vehicle, or structure. 1. The sUAS will be operated below 400 feet AGL. 2. Sense Above shall obtain the consent of all persons involved in the operation and ensure that only consenting persons be allowed within 500 feet of the Operations Area. 3. The sUAS will only operate within the lateral boundaries ofapproved privately owned and operated property. An Operations Area within those boundaries will be established for each flight. These areas will be free of unnecessary hazards or risks and nonparticipating personnel. 4. Given the size, weight, speed, material, and operation ofthe sUAS, equivalent levels of safety will be achieved

. **14 C. F. R. 91.121 -** **Al timeter Settings**  14 C. F. R. 91.121

- States: Each person operating an aircraft shall maintain the cruising altitude or flight level of that aircr aft, as the case may be, by reference to an altimeter that is set, when operating ... 1. SUAS will not have a barometric altimeter, and may use a GPS altitude read out indication instead, so an exemption may be needed. 2. An equivalent level ofsafety will be achieved by the operator as the sUAS uses AGL height from its initialization/takeoff point. **14 C.F.R. 91.151(a) -**  **Fuel Requirements for Flight in VFR Conditions** 14 C.F.R. 91.151(a) States: No person may begin flight in an airplane under VFR conditions unless (considering wind and forecast weather conditions) there is enoughfuel to fly to the first point of intended landing and, assuming normal cruising speed

- (I)

During the day to fly after that for at least 30 mi nutes: This regulation is written based on the capabilities of a traditional aircraft which have flight times of several hours or greater; therefore, with the majority of sUAS which have flight times of only an hour or less, this regulation would effectively deny the ability of the air vehicle to operate. **Ai rcraft Fuel (Battery) Requirements**  DJI Phantom 2

- 25 minutes or 25% whichever occurs first. 1. The DJI Phantom 2 have a second level ofsafety that is achieved through the use of an aircraft battery monitoring system. The aircraft system will alert the operator of low battery voltage and return the aircraft to its take

-off location before battery capacity is depleted. 2. Sense Above will not operate sUAS at night in accordance with 14 CFR 1.1 3. An equivalent level of safety will be achieved because this sUAS is limited in size, operational purposes of the sUAS, and shall only fly above approved privately owned and operated property at or below 400 feet AGL, it does not bear the same risks associated with this section’s requirements. **14 CFR 91.405 (a) –**  **Maintenance Required** 14 CFR 91.405 (a) States: Each owner or operator ofan aircraft

– (a) Shall have that aircraft inspected as prescribed in subpart E of this part and shall between required inspections, except as provided in paragraph (c) of this section, have discrepancies repaired as prescribed in part 43 of this chapter. This section and Part 43 apply only to aircraftwith an airworthiness certificate; therefore these sections will not apply. 1. Maintenance will be accomplished by Sense Above pursuant to the manufacturer’s recommendations and sUAS Operating Manual and Inspection Program 2. Maintenance, preventive maintenance, rebuilding, and alteration will be successfully accomplished by trained personnel only. 3. Sense Above will maintain daily of pre and post flight inspections and ensure the aircraft is in a flight ready status prior to conducting every mission. 4. Sense Above shall only operate its sUAS with all systems functioning per manufactures specification in a discrepancy free condition. 5. These records will be maintained at the principle base for operation for the life ofthe aircraft or as required by Federal Aviation Regulations. Sense Above and the Aircraft Manufacturer (DJI) are the most familiar with the aircraft and best suited to maintain the aircraft in an airworthy condition. This maintenanceprocess allows for an equivalent level of safety to be achieved due to the limited size,

scope and area of operations.

**14 CFR**  **91.407 (a)**  **(1) –**  **Operation after**  **Maintenance, Preventive**  **Maintenance, Rebuilding or A** **lteration** 14 CFR 91.407 (a) (1) States: (a) No person may operate any aircraft that has undergone maintenance, preventative maintenance, rebuilding, or alteration unless

– (1) It has been approved for return to service by a person authorized under §43.7 of this chapter. This section and Part 43 apply only to aircraftwith an airworthiness certificate; therefore these sections will not apply. 1. Maintenance will be accomplished by Sense Above pursuant to the manufacturer’s recommendations and sUAS Operating Manual and Inspection Program. 2. Maintenance, preventive maintenance, rebuilding, and alteration will be successfully accomplished by trained personnel only. 3. Functional test flights will be performed by the PIC when required, the sUAS shall only be returned to service when this functional testflight is successfully completed. If a mechanical issue arises the sUAS can land safely or be recovered within the Operations Area 4. Sense Above shall only operate its sUAS with all systems functioning per manufactures specifications in a discrepancy free condition 5. These records will be maintained at the principle base of operation for the life of the aircraft or as required by the Federal Aviation Regulations. Sense Above and the Aircraft Manufacturer (DJI) are the most familiar with the aircraft and best suited to maintain the aircraft in an airworthy condition. This maintenance process allows for an equivalent level of safety to be achieved due to the limited size, scope and area of operations. **14 CFR 91.409 (a) (1) and (2) –**  **Inspections** 14 CFR 91.409 (a) (1) and (2) States: (a) Except as provided in paragraph (c) of this section, no person may operate an aircraft unless, within the preceding 12 calendar months, ithas 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 thischapter ; or (2) An inspection for the issuance of an airworthiness certificate in

accordance with part 21 of this chapter. This section and Part 43 apply only to aircraftwith an airworthiness certificate; therefore these sections will not apply. 1. Maintenance will be accomplished by Sense Above pursuant to the manufacturer’s recommendations and sUAS Operating Manual and Inspection Program. 2. Maintenance, preventive maintenance, rebuilding, and alteration will be successfully accomplished by trained personnel only. 3. Functional test flights will be performed by the PIC when required, the sUAS shall only be returned to service when this functional testflight is successfully completed. If a mechanical issue arises the sUAS can land safely or be recovered within the Operations Area. 4. Sense Above shall only operate its sUAS with all systems functioning per manufactures specifications in a discrepancy free condition 5. These records will be maintained at the principle base of operation for the life of the aircraft or as required by the Federal Aviation Regulations **14 CFR 91.417(a) and (b) –**  **Mai ntenance Records**  14 CFR 91.417(a) and (b) States: (a) Except for work performed in accordance with §91.411 and 91.413, each registered owner oroperatorshallkeep the following records forthe periods specified in paragraph (b) ofthis section: 1(i

-iii), (2) (i

-vi); (b) The owner or operator shall retain records for the periods prescribed: (paragraphs 1

-3) 1. Maintenance will be accomplished by Sense Above pursuant to the manufacturer’s recommendations. 2. Maintenance, preventative maintenance, rebuilding, and alteration maintenance record keeping will be performed by trained personnel and entered into the respective aircraft maintenance log at completion of each event. 3. These records will be maintained at the principle base for operation for the life ofthe aircraft or as required by the Federal Aviation Regulations. 4. Sense Above and the Aircraft Manufacturer (DJI) are the most familiar with the aircraft and best suited to maintain the aircraft in an airworthy condition. This maintenance process allows for an equivalent level of safety to be achieved due to the limited size, scope and area of operations.