1 IN THE MATTER OF THE PETITION FOR EXEMPTION OF: ABOVE ALL VIDEO LL C FOR AN

EXEMPTION SEEKING RELIEF FROM THE REQUIRMENTS OF TITLE 14 OF THE CODE OF FEDERAL REGULATIONS SECTIONS 61.113 (a) and (b); 91.7 (a); 91.119 (c); 91.121; 91.151 (a); 91.405 (a); 91.407 (a) (1); 91.409 (a) (1) and (2); 9 1.417 (a) and (b)

Submitted on 4/25 /2015 By, Nicholas Macray Fuller Above All Video LLC (252) 622.1783

SUMMARY ABOVE ALL VIDEO LLC, seeks exemptions from Title 14, Code of Federal Regulations §§ 61.113 (a) and (b), 91.7 (a), 91.119, 91.121, 91.151 (a), 91.405 (a), 91.407 (a)(1), 91.409 (a)(1) and (2), 91.417 (a) and (b) to operate a DJI INSPIRE 1 UAS. This exemption will allow ABOVE ALL VIDEO LLC to operate an Unmanned Aerial Vehicle commercially for the purp ose of conducting aerial videography and photography in the real estate and construction markets of North Carolina . These images and videos will provide community awareness and geospatial understanding.

INTRODUCTION TO PETITIONER ABOVE ALL VIDEO LLC, is a real estate videography and photography company specializing in producing high quality results for clients who want digital displays of MLS listings. ABOVE ALL VIDEO LLC seeks relief to use an Inspire 1 quad

- copter to commercially capture video of listin gs while w orking on private property. ABOVE ALL VIDEO LLC will utilize a Visual Observer (V.O.) while maintaining Visual Line of Sight (V.L.O.S.) between the quad

- copter and a UAV operator

.

The UAV INSPIRE 1 The DJI Inspire 1 is a quad

- rotor Unmanned Air craft System (UAS) weighing less than 2935 grams . The Inspire 1 UAS that ABOVE ALL VIDEO LLC will be responsible for also utilizes a

mo bile ground station. The UAS features a safety Return to Home function that in the event of a signal loss, the 4 UAS will return to a preset position and land. The Return to Home feature can also be triggered manually. INSPIRE 1 uses a 2.4GHz RC system. To avoid communication interference, ABOVE ALL VIDEO LLC will not use other 2.4GHz devices (including 2.4G Wi

- Fi or 2.4G wi reless video transmission

mo dule)

. The Inspire 1 can fly at approximately 22 m/s

. Above All Video LLC has no need to operate at a speed greater than 1 5 m

/s . The Inspire 1 is pow ered by a single Lipo battery. This battery gives the Inspire 1 an approximate 18 minutes worth of flight time with its attached payload of a X3 cam era and the associated gimbal that connects the camera to the quad

- copter.

BASIS FOR PETITION ABOVE ALL VIDEO 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, Section 333, Special Rules for Certain Unmanned Aircraft Systems, hereby petitions the Administrator to operate the DJI INSPIRE 1 UAS within the National Airspace System, and for an exemption fr om the requirements of 14 C.F.R. §§ 61.113 (a) and (b), 91.7 (a), 91.119, 91.121, 91.151 (a), 91.405 (a), 91.407 (a)(1), 91.409 (a)(1) and (2), 91.417 (a) and (b). A. Name and Address of The Petitioner ABOVE ALL VIDEO LLC 219B West Atlantic Blvd. Atlantic Beach, North Carolina, 28512

. info@aboveallvideonc.com ABOVE ALL VIDEO LLC Requests Relief from the Following Sections of 14 C.F.R. 1. Sections 61.113, entitled Private pilot privileges and limitations: Pilot in Command, Subsections (a) and (b) prescribe d the following, in 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 pro perty for compensation or hire. 2. Section 91.7, entitled Civil airw orthiness, subsection (a), states the following: (a) No person may operate a civil aircraft unless it is in an airw orthy condition. 3. Section 91.119, entitled Minimum Safe Altitudes: Gene ral Except when necessary for takeoff or landing, no person may operate an aircraft below the following altitudes: (a) Anywhere, An altitude allowing, if a pow er unit fails, an emergency landing without undue hazard to persons or property on the surface. ( b)Over congested areas. An altitude of 1000 feet above the highest obstacle within a horizontal radius of 2000 feet of the aircraft. (c) Over other than congested areas. An altitude of 500 feet above the surface, except over open w ater or sparsely populate d areas. In those cases, the aircraft may not be operated closer than 500 feet to any person, vessel, vehicle orstructure. (d)Helicopters, powered parachutes, and weight

- shift

- control aircraft. If the operation is

conducted without hazard to persons or pr operty on the surface

— 6 (1)A helicopter may be operated a t less than the minimums prescribed in paragraph (b) or (c) of this section, provided each person operating the helicopter complies with any routes or altitudes specifically prescribed for helicopt ers by the FAA; and (2)A pow ered parachute or w eight

- Shift

- Control aircraft may be operated at less than the minimums prescribed in paragraph © of this section. 4. Section 91.121, entitled Altimeter Settings, subsection (a), states the following, in releva nt part: (a) Each person operating an aircraft shall maintain the cruising altitude of flight level of that aircraft, as the case may be, by reference to an altimeter that is set, when operating

— (1)Below

18,000 feet MSL, to

— (i) The current reported altim eter setting of a station along the route and within 100 nautical miles of the aircraft; (ii) If there is not station within the area prescribed in paragraph (a)(1)(i) of this section, the current reported altimeter setting of an appropriate available stat ion; 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 before departure; 5. Section 91.151, entitled Fuel requirements for flight in VFR conditions, subsectio n (b), states the following: (b)No person may begin a flight in a rotorcraft under VFR conditions unless (considering wind and forecast weather conditions) there is enough fuel to fly to the first point of intended landing and, assuming normal cruising spe ed, to fly after that for at least 20 minutes. 6. Section 91.405, entitled Maintenance required, subsection (a) stated the following: Each Owner or Operator of an Aircraft

- (a) Shall have that aircraft inspected as prescribed in subpart E of this part and shall between required inspection, except as provided in 7 paragraph (c) of this section, have discrepancies repaired as prescribed in part 43 of this chapter. 7. Section 91.407(a)(1), entitled Operation after maintenance, preventive maintenance, rebuildin g, or alteration, subsections (a)(1), states the following: (a) No person may operate any aircraft that has undergone maintenance, preventive maintenance, rebuilding, or alteration unless

— (1)It has been approved for return to service by a person authorize d under §43.7 of this chapter. 8. 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 p art 21 of this chapter. 9. Section 91.417, entitled Maintenance Records, subsections (a) and (b), state the following: (a) Except for w ork 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 aircra ft (including the airframe) and each engine, propeller, rotor, and appliance of an aircraft. The records must include

— 8 (i) A description (or reference to data acceptable to the Administrator) or the w ork performed; and (ii) The date of completion 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 each 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) T he 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 airw orthiness directives (AD) and safety directives 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 net action is required. (vi) Copies of the forms pres cribed by § 43.9(d) of this chapter for each major alteration to the airframe and currently installed engines, rotors, propellers, and appliances. a. The Owner or operator shall retain the following records for the periods prescribed: (1)The records specif ied in paragraph (a)(1) of this section shall be retained until the work is repeated or superseded by other w ork or for 1 year after the work is performed. (2)The records specified in paragraph (a)(2) of this sections shall be retained and transferred with the aircraft at the time 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.

The Extent Of Relief That ABOVE ALL VIDEO LLC Seeks 1. Extent of Relief that ABOVE ALL VIDEO LLC Seeks Regarding Section 61.113 (a) and (b) Private Pilot Privileges and Limitations Relief from Section 61.113 (a) and (b) is requested to allow a Pilot in Command not ho lding a current Private PilotsCertificate to operate the ABOVE ALL VIDEO Inspire 1 . The flight would be complimented by a Visual

Observer who, along with the pilot, will maintain Visual Line of Sight with the Inspire 1 at all times. All operations conducted will be incidental to Above All Video LLC’s business. The Inspire 1 is not able to carry passengers. 2. Extent of Relief that ABOVE ALL VIDEO seeks in Regards to Section 91.7(a) Civil Aircraft Airworthiness Relief fr om Section 91.7(a) is requested to allow ABOVE ALL VIDEO to determine airworthiness of the Inspire 1 . As part of this determination the following will be adhered to: a. Prior to the Inspire 1 ’s flight the PIC will inspect the UA to ensure it is in a condit ion that will be conducive for a safe flight. The ground control station will be included in the above inspection. b. ABOVE ALL VIDEO will follow the DJI Inspire 1 ’s aircraft/component, maintenance, overhaul, replacement, inspection and life limit requirem ents. c. ABOVE ALL VIDEO will comply with all DJI manufacturer Safety Bulletins. 3. Extent of Relief that ABOVE ALL VIDEO seeks in Regards to Section 91.119 Minimum Safe Altitudes General 10 Relief from 91.119 is requested to allow ABOVE ALL VIDEO to operate the Inspire 1 at altitudes not to exceed 400’ AGL over private property at a distance at or greater than 5NM from the nearest airport as depicted on current Aeronautical Charts. ABOVE ALL VIDEO also wishes to be granted exemption to operate at an altitu de not greater than 50’ AGL (below tree level) betw een 1NM and 5NM from the nearest airport as depicted on current Aeronautical Charts. ABOVE ALL VIDEO wi ll adhere to the following in order to maintain an acceptable level of safety associated with operatio ns over private property: (a) ABOVE ALL VIDEO will display signs in the immediate vicinity of operations stating: “Aerial Photography In Progress. Use Caution.” (b) ABOVE ALL VIDEO will not allow the Inspire 1 to operate at a speed greater than 22 m/s . (c) ABOVE ALL VIDEO will require the UAS operator (PIC) to be fully trained on the Inspire 1 by adhering to the recommendations contained within the Inspire 1 ’s operating ma nual. (d)ABOVE ALL VIDEO ’s UAS operator (PIC) will have accumulated and logged, in a manner consistent with 14 CFR 61.51(b), a minimum of 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. In addition the operator will have logged a minimum of 5 hours as a UAS pilot oper ating the make and model UAS that ABOVE ALL VIDEO operates. (e) ABOVE ALL VIDEO’S UAS operator (PIC) w ill be familiar with and able to manually institute the Inspire 1 ’s Return to Home (RTH) feature. This feature aborts a flight operation and automatically returns the UAS to a predetermined GPS safe point. (f) ABOVE ALL VIDEO’s UAS operator (PIC) w ill not operate over private property without first finding a suitable alternate landing spot on the property. (g) ABOVE ALL VIDEO’s UAS operator (PIC) will abort the flight in the event of unpredicted obstacles or emergencies in accordance w ith the operating documents. 11 (h) ABOVE ALL VIDEO will utilize a two man flight team consisting of the Pilot in Command (PIC) and a Visual Observer (VO). This team will maintai n visual line of sight with the Inspire 1 at all times and

rem ain within hearing of one another. (i) ABOVE ALL VIDEO wi ll not permit flight around vessels, vehicles and structures without permission from the owner. 4. Extent of Relief that ABOVE ALL VIDEO Seeks in Regards to Section 91.121 Altimeter Settings Relief from 91.121 is requested because the Inspire 1 utilizes electronic GPS with a barometric sensor. In order to maintain an equal level of safety that 91.121 requires, the PIC of the ABOVE ALL VIDEO UAS will abort the flight in the events that the UA loses communications with the GPS signal. 5. Extent of Relief that ABOVE ALL VIDEO Seeks in Regards to Section 91.151(b) Fuel Requirements for Flight in VFR Conditions Relief from 91.151(b) is requested to the extent that allows ABOVE ALL VIDEO to operate the Inspire 1 up to a point (considering wind and forecast weather conditions) that there is enough pow er to fly at normal cruising speed to the intended landing point and land the UA with 30% battery po we r rem aining. 6. Extent of Relief that ABOVE ALL VIDEO Seeks in Regards to Sections 91.405(a), 91.407(a)(1), 91.409(a)(1), and (a)(2), 91.417(a) and (b) These are all associated a with Airworthiness certificate Relief from 91.405(a), 91.407(a)(1), and (a) (2), And 91.417(a) and (b) is requested to the extent that allows ABOVE ALL VIDEO to operate the Inspire 1 Quad

- Copter as necessary. These sections are all related to airw orthiness certificates of aircra ft. There is not currently an airw orthiness certificate for small UAS’s. ABOVE ALL VIDEO wo uld comply in full to any conditions and limitations that the Administrator w ould place in order to receive an approved Grant of Exemption.