July 6, 2015

U.S. Department ofTransportation DocketManagement System 1200 New Jersey Ave., SE Washington, DC 20590

Dear SirorMadam: Attached please find Above All Photography, Ltd. (Above All) request, as a member of the Professional Aerial Photographers Association, International (PAPA), for an exemption from the listed Federal Aviation Regulations to allow commercial operation of its Small Unmanned Aircraft Systems ("sUAS") for aerial imaging to include video and still photography. This exemption request is initially for the use of the Phantom II sUAS manufactured by DJI, an established sUAS company and in accordance with the sUAS training and certification program as administered byPAPA. Also attachedto this letter is the equipment "AboveAll FlightManual" (Manual), which outlines the operating requirements, limitations, and technical specifications for the DJI System qS used by Above All. Above All has reviewed this Manual and has found it to be acceptable for sUAS operations. Applicant submitsthis manual as a Confidential document under 14 CPR 11.35 (b) as the entire Manual contains proprietary information that the applicant has not and will not share with others. The Manual contains operating conditions and procedures that are not available to the public and are protected from release under the Freedom ofInformation Act 5 USC 552 et. seq. Thankyou for yourtime and consideration, and please letme know ifyou have any questions.

Sincerely,



# ~/



# ay~umme Above All Photography, Ltd. Corporate Officer



### ProfessionalAerialPhotographersAssociation-InternationalSection333 Doc 15-003July 6, 2015 U.S. Department ofTransportation DocketManagement System 1200 NewJerseyAve., SE Washington, DC 20590 P 

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Re: ExemptionRequest Section 333 ofthe FAA Reform Act and Part 11 ofthe Federal Aviation Regulations from 14 CFR 61.113 (a) & (b); 91.103(b); 91.119;91.121; 9.151(a); 91.405 (a) (1); 91.409 (a) (2); 91.417 (a) & (b). Dear Sir orMadam: Pursuant to Section 333 ofthe FAA Modernization and Reform Act of2012 (the Reform Act) and 14 C.P.R. Part 11, Above All, an aerial photography and digital imaging company, on behalf of itself and its related affiliates under common ownership and control, hereby applies for an exemption from the listed Federal AviationRegulations ("PARs") to allow commercial operation of its Small Unmanned Aircraft Systems ("sUAS") for aerial imaging for video and still photography, so long as such operations are conducted within and under the conditions outlined herein or as maybe establishedby the FAA as required by Section 333. As detailed in this document and the attached Flight Manual, the requested exemption would permit the operation of sUAS under controlled conditions in airspace that is 1) limited 2) predetermined 3) controlled as to access and 4) would provide safety enhancements to the already best practices safety protocols followed by Above All during aerial photography operations in accordance with the training and certification provided by the Professional Aerial Photographers Association, International (PAPA). Above All is a member ofthe Professional Aerial Photographers Association-International (PAPA) and has a demonstrated record of safe operations in the National Airspace System (NAS). Principal employees have received ground school training and have logged well over 25 hours of sUAS flight operations. The Pilot In Command (PIC) proposed by Above All is a FAA licensed pilot with years of safe and successful aerial photography operations. Approval ofthis exemption would thereby enhance safety and fulfill the Secretary ofTransportation's (the FAA Administrator's) responsibilities to "

...establish requirements for the safe operation ofsuch aircraft systems in the National Airspace System." Section 333(c) ofthe Reform Act.



### ProfessionalAerialPhotographersAssociation-InternationalSection333 Doc 15-003The name and address ofthe applicant is: Above All Photography, Ltd. 8445 Castlewood Drive, Suite A Indianapolis, IN 46250 James Grumme, FAALicensed Pilot PH: 317-845-9898 Email:james@aboveallphoto.com Regulations from whichthe exemption is requested: 14 C.F.R. Part21 14 C.F.R. 45.23(b) 14 C.F.R. 61.113 (a) & (b) 14 C.F.R. 91.7 (a) 14 C.F.R. 91.9 (b) (2) 14 C.F.R. 91.103 14 C.F.R. 109 14 C.F.R. 119 14 C.F.R. 121 14 C.F.R. 91.151 (a) 14 C.F.R. 91.203 (a) & (b) 14 C.F.R. 91.405 (a) 14 C.F.R. 407 (a) (1) 14 C.F.R. 409 (a) (2) 14 C.F.R. 417 (a) & (b)

I. STATUTORY AUTHORITYFOREXEMPTIONS The Federal Aviation Actexpressly grants the FAA authorityto issue exemptions. This statutory authority includes exempting civil aircraft, as the term is defined under §40101 of the Act, including sUASs, from the requirement that all civil aircraft must have a current airworthiness certificate. The Administrator may grant an exemption from a requirement ofa regulation prescribed under subsection (a) or (b) ofthis section or any sections 44702-44716 ofthis title iftheAdministrator finds the exemption in the public interest. 49 U.S.C. §44701(f) See also 49 USC §44711(a); 49 USC §44704; 14 CFR §91.203(a) (1). Section 333(b) of the Reform Act assists the Secretary in determining whether sUAS may operate in the National Airspace System (NAS) without creating a hazard to the user, the public, or athreatto national security. In makingthis determination, the Secretarymustconsider:

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• The sUAS's size, weight, speed, and operational capability; • Whetherthe sUAS operates within the visual line ofsight ofthe operator • Whetherthe sUAS operates outside ofhighlypopulated areas and away from closeproximityto airports Reform Act §333(a). Ifthe Secretary determines that a sUAS "may operate safely in the national airspace system, the Secretary shall establish requirements for the safe operation ofsuch aircraft in the national airspace system." Id. §333(c) Above All's sUAS are multirotor vehicles, weighing 20 or fewer lbs. including payload. They operate under normal conditions at a speed ofno more than 70 knots and have the capability to hover, and move inthe vertical and horizontal plane simultaneously. The sUAS will operate only in the Pilot's visual line ofsight at all times and will operate only within the controlled "Area of Operations" described in the Confidential Above All Manual (Manual), attached as Exhibit 1 (hereinafter "Manual"). Such operations will ensure that the sUAS will "not create a hazard to users oftheNational Airspace System orthe public." Reform Act Section 333 (b). Given the small size ofthe sUAS involved and the restricted and controlled environment within which they will operate, our application falls squarely within the zone of safety (an equivalent level of safety) in which Congress envisioned that the FAA must, by exemption, allow commercial operations of sUAS to commence immediately. Also, due to the small size ofthe sUAS, altitudes, and controlled areas in whichthe sUAS will operate, approval ofthe application presents no national security issue. Giventhe clear direction in Section 333 ofthe Reform Act, the authority contained in the Federal Aviation Act, as amended; the strong equivalent level of safety surrounding the proposed operations, and the significant public benefit, including enhanced safety, the grant of the requested exemptions is in the public interest. Accordingly, Above All respectfully requests that the FAA grantthe requested exemption without delay.

II. PUBLIC INTEREST This exemption application is expressly submitted to fulfill Congress' goal in passing Section 333(a) through (c) of the Reform Act. This law directs the Secretary of Transportation to consider whether certain unmanned aircraft systems may operate safely in the NAS before completion ofthe rulemaking required under Section 332 ofthe Reform Act. By granting an exemption the FAA will fulfill Congress's intent of allowing UAS to operate with significant safetyprecautions in lowrisk environments. The use of sUAS on aerial photography operations can significantly reduce the risk to photographers and participants. sUAS can inspect, photograph, and collect data on hard to getto areas that otherwise would require direct access ormanned aircraft. Additionally, sUAS could replace the use ofhelicopters and small aircraft to produce imagery for various purposes. The sUAS we propose to fly in this application are less than 20 pounds, 

### ProfessionalAerialPhotographersAssociation-InternationalSection333 Doc 15-003and carry no combustible material on board, as opposed to the much larger conventionally powered small aircraft. Shiftingto sUAS from manned aircraftpresents a marked safety increase for ourworkers and the public. Lastly, sUAS reduce the environmental impact by dramatically decreasing the energy used for aerial imaging and data collection. The sUAS used by Above All uses rechargeable lithium ion batteries, as opposed to fossil fuels burned in operation ofsmall aircraft that are many hundreds oftimes heavier.

III. EQUIVALENTLEVEL OF SAFETYAND SECURITY Above All proposes that the exemption requested herein apply to sUAS that have the characteristics and that operate with the limitations listed herein. These limitations provide for at least an equivalent or even higher level of safety to operations under the current regulatory structure because the proposed operations represent a safety enhancement to the already safe protocols followed on imaging and photographyoperations conducted with conventional aircraft. Above All will be bound by the following limitations when conducting its sUAS operations under an FAA issued exemption: 1. The sUAS will be less than 20 pounds. 2. Flights will be operated withinvisual line ofsight ofapilot. 3. Maximumtotal flight time for each operational flight will be 20 minutes. The operator calculates batteryreserve, and will return the sUAS to the "Designated SafetyZone" with at least20% batterypowerreserve shouldthat occurpriorto the 20 minute limit. 4. Flights will normallybe operated at an altitude ofnot more than 400 feet AGL, butnever in controlled airspace withoutprior coordination and approval ofATC. 5. Flights will notbe conducted withinthe surface area ofcontrolled airport airspace without prior coordination and approval ofATC. 6. Flights will notbe conducted within 5miles ofany uncontrolled airport withoutprior coordination and approval ofthe airport authority. 7. Crew for each operation will consistofthe sUAS Operatorwho will keepthe sUAS within his visual line ofsight at all times and a qualified Observer. 8. The sUAS operatorwill be trained in flight, operations, and safety procedures as detailed in the FlightManual. 9. The sUAS will only operate within a confined "Area ofOperations" as defined in the Manual, includingbutnot limitedto evaluation ofthe airspace byreference to a current 1:500,000 scale FAA Sectional Aeronautical Chart. TheManual also requires the establishment ofa "Designated SafetyZone" for the flight operations area. 10. A briefing will be conductedregardingthe planned sUAS operations priorto each day's production activities. Itwill be mandatorythat all personnel who will beperforming duties withinthe boundaries ofthe Designated SafetyZone be present forthis briefing. 11. All onsite personnel will consentto the UAS flyover on site by waiver, andthe Operatorwill obtain additional verbal orwritten consent ofall persons who will be allowed within 100 feet ofthe flight operation. 

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12. Operatorwillhave beentrained in operation ofUAS generally and will havereceivedup-todate information onthe particular sUAS to be operated as required bythe Above All Manual. 13. Necessarywritten and/or oralpermission from the relevantpropertyholders willbe obtained. 14. All required permissions andpermits will be obtained from territorial, state, country, or city jurisdictions, including local law enforcement, fire, or other appropriate government agencies. 15. Ifthe sUAS loses communications or loses its GPS signal, it will have the capabilityto enter "loitermode" andhover, reestablish satellite connection, and return to a predetermined locationwithinthe "Designated SafetyZone" and land. 16. Above All personnelwill be easily identifiedby law enforcementpersonnel andthe Public through wearing a green fluorescent orblaze orange vestwith Section 333 Grantand PAPA credentials prominentlydisplayed within a weatherproofcontainer onthe personsback. IV. DESCRIPTION OF SPECIFIC REGULATIONS 14 CFR61.113 (a) & (b): Private pilot privileges and limitations: Pilot in command Sections 61.113 (a) & (b) limit private pilots to non-commercial operations. Because the sUAS will not carry a pilot or passengers, the proposed operations can achieve the equivalent level of safety ofcurrent operations by requiring the Operator operating the aircraftto have completed a sUAS flight training course of25 hours before flying a sUAS (See the Above All Manual for details) or meeting any FAA pilot licensing requirement. Unlike a conventional aircraft that carries the pilot and passengers, the sUAS is remotely controlled with no livingthing orcargo on board. The area of operation is controlled and restricted per prior planning and necessary coordination with the local FSDO if applicable, and all flights are planned and coordinated in advance as set forth in the AboveAll Manual. The sUAS to be operated hereunder is less than 20 lbs. fully loaded, carries neither a pilot nor passenger, carries no explosive materials or flammable liquid fuels, and operates exclusively within a controlled Area of Operation as set out in the Above All Manual. Like other civil aircraft, operations underthis exemptionwill be tightly controlled and monitoredbythe Operator, pursuant to the Above All Manual requirements, and under the requirements and in compliance with local public safety requirements, to provide security for the Area of Operation as is currently done on aerial photography operations. The FAA will have advance notice of all operations as required. The risks associated with the operation ofthe sUAS are therefore diminished from the level of risk associated with commercial operations contemplated by Part 61 when drafted, and allowing operations ofthe sUAS as requested, with an operator who has met the minimum requirements stated in the Photographic Solutions Manual, achieves the level of safety contemplated by 14 C.P.R. §61.113 (a) & (b). 14 C.F.R. 91.103: PreflightAction This regulation requires that each Operator in Command take certain actions before flight to ensure the safety offlight. An exemption is needed from this requirement as the Pilot will take separate preflight actions, including checking for weather conditions, checking flight battery


### ProfessionalAerialPhotographersAssociation-InternationalSection333 Doc 15-003requirements, checking takeoff and landing distances, and all other actions in the Preflight Checklist in the Above All Manual. These actions will provide an equivalent level ofsafety.

14 C.F. R. 91.119: Minimum/Maximum SafeAltitudes Section 91.119 establishes safe altitudes for operation ofcivil aircraft. Section 91.119 (d) allows helicopters to be operated at less than the minimums prescribed, provided the person operating the helicopter complies with any route or altitudes prescribed for helicopters by the FAA. This exemption is for a multirotor craft that flies similarly to a helicopter, with vertical takeoffand vertical landing, which will typically operate at altitudes ofless than 400 AGL, so an exemption may be needed to allow such operations. The sUAS will never operate at altitudes higher than the base ofcontrolled airspace withoutprior approval and coordination with ATC and will be in a Controlled Area with a "Designated Safety Zone", where buildings and people will not be exposed to operations without the specified pre-obtained consent. (See Above All Manual for detailed procedures.) The equivalent level ofsafety will be achieved giventhe size, weight, speed ofthe sUAS as well as the location where it is operated. No flight will be taken withoutthe requiredpermission ofthe property owner or local officials. Because ofthe advance notice to the property owner and any onsite personnel, as outlined in the Above All Manual, all affected individuals will be aware of the planned flight operations. Unlike flight operations with aircraft or rotorcraft weighing far more than the maximum 20 lbs. proposed herein, our sUAS will not carry flammable fuel. In addition, the low-altitude operations of the sUAS will ensure separation between sUAS operations and the operations ofconventional aircraftthatmustcomplywith Section 91.119. 14 C.F.R. 91.121: Altimeter Settings This regulation requires each person operating an aircraft to maintain crmsmg altitude by reference to an altimeter that is set "

...to the elevation ofthe departure airport or an appropriate altimeter setting available before departure." As the sUAS may not have a barometric altimeter, but instead a GPS altitude read out, an exemption may be needed. An equivalent level ofsafety will be achieved by the operator, pursuant to the Above All Manual and Safety Check list, confirmingthe altitude ofthe launch site shown onthe GPS altitude indicatorbefore flight. 14 CFR91.151 (a): Fuel requirements for flight in VFRconditions Section 91.151 (a) outlines fuel requirements for beginning a flight in VFR conditions. Our sUAS is limited to operations in controlled environments as outlined in the Above All Manual, and has a limitedrange and flight time whichrequire an exemption from 14 CFR 91.151 (a) The battery powering the sUAS provides approximately 20 minutes ofpowered flight. To meet the 30 minute reserve requirement in 14 CFR §91.151, sUAS flights would necessarily be limited to approximately 5 minutes in length. Given the limitations on the sUAS's proposed flight area and the location ofits proposed operations within apredetermined area, a longer time frame for flight in daylight ornight VFRconditions is reasonable. 

### ProfessionalAerialPhotographersAssociation-InternationalSection333 Doc 15-003Above All believes that an exemption from 14 CFR §91.151(a) falls within the scope ofprior exemptions. See Exemption 10673 (allowing Lockheed Martin Corporation to operate without compliance with FAR 91.151(a)). Operating the small sUAS, in a controlled area where only people and property owners or official representatives who have signed waivers will be allowed, with less than 30 minutes of reserve fuel, does not engender the type of risks that Section 91.151(a) was intended to alleviate given the size and speed ofthe small UAS. Additionally, limiting sUAS flights to 20 minutes would greatlyreduce the utility for which the exemption will be granted. An equivalent level ofsafety can be achieved by limiting flights to 20 minutes, orenough battery reserve to ensure thatthe sUAS lands atthe ground stationwith at least 20% ofbatterypower (as determined by the onboard monitoring system and the operator), whichever happens first. This restriction would be more than adequate to return the sUAS to its planned landing zone from anywhere in its limited operating area. Similarexemptions have been granted to other operations, includingExemptions 2689F, 5745, 10673, and 10808. 14 CFR91.405 (a); 407 (a)(1); 409 (a)(2); 417 (a) & (b): Maintenance inspections These regulations require that an aircraft operator or owner "shall have that aircraft inspected as prescribed in the subpart E of this part and shall between required inspections, except as provided in paragraph (c) ofthis section, have discrepancies repaired as prescribed in part 43 of this chapter.

..," and others shall inspect ormaintain the aircraft in compliance withPart43. Given that these sections and Part 43 apply only to aircraft with an airworthiness certificate, these sections will not apply to Above All Maintenance will be accomplished bythe operator and pursuantto the flight manual and operatinghandbook as referenced in the Above All Manual. An equivalent level ofsafetywill be achieved because these small sUAS are very limited in size and will carry a small payload and operate only in controlled areas for limited periods oftime. If mechanical issues arise, the sUAS can land immediately even ifoperating at a maximum of 1200 feet AGL. As provided in the Above All Manual, the operator will ensure that the sUAS is in working order prior to initiating flight, perform required maintenance, and keep a log of any maintenance performed. Moreover, the operator is the person most familiar with the aircraft and best suited to maintain the aircraft in an airworthy condition to provide the equivalent level of safety. 

## ******* Pursuant to C.P.R. Part 11, the following summary is provided for publication in the Federal Register, should itbe determinedthatpublication is needed: Applicant seeks an exemption from the following rules: 14 C.P.R. § 21, subpart H; 14 C.P.R. 45.23(b); 14 C.P.R.§§ 61.113(a) & (b); 91.7

ProfessionalAerialPhotographersAssociation-InternationalSection333 Doc 15-003(a); 91.9 (b) (2); 91.103(b); 91.109; 91.119; 91.121; 91.151(a); 91.203(a) and (b); 91.405 (a); 91.407 (a) (1); 91.409 (a) (2) and 91.417 (a) & (b) to operate commercially a small unmanned vehicle (55lbs orless) in aerial photographyoperations. Approval of exemptions allowing commercial operations of sUAS in the aerial photography industry enhances safety while reducing risk. Manned aircraft still photography and video may create a greater risk because the craft are much larger, have combustible fuel, and carry an onboard human pilot. In contrast, a sUAS weighing fewer than 20 lbs. and powered by batteries eliminates virtually all ofthat risk given the reduced mass and lack ofcombustible fuel carried on board. The sUAS will carry no passengers orcrew and, therefore, will not exposethem to the risks associatedwithmanned aircraftflights. The operation of small sUAS, weighing less than 20 lbs., conducted in the strict conditions outlined above, will provide an equivalent level ofsafety supportingthe grant ofthe exemptions requested herein, including exempting the applicant from the requirements of Part 21 and allowing commercial operations. These lightweight aircraft operate at slow speeds, close to the ground, and in a controlled environment and, as a result, are far safer than conventional operations conducted with manned aircraft operating in closeproximityto the ground and people. Privacy All flights will occur overprivate orpublic property with the property owner's prior consent and knowledge. Images taken will be of individuals who have also consented to being filmed or otherwisehaving agreedto be in the areawhere aerialphotographywill takeplace. 

## ******* Satisfaction ofthe criteria provided in Section 333 ofthe Reform Act of 2012--size, weight, speed, operating capabilities, proximity to airports and populated areas and operation within visual line ofsight and national security

- provide more than adequatejustification for the grant ofthe requested exemptions allowing commercial operation ofapplicant's sUAS in construction industrypursuantto theManual appendedhereto. Sincerely,



# ?;J~e Above All Photography, Ltd. Corporate Officer



### ProfessionalAerialPhotographersAssociation-InternationalSection333 Doc 15-003