Over	The	Top	Advertising June	15,	2015 1 Over The Top Advertising 8200 Mount McKinley Road Fort Worth, TX 7613

Docket Operations U.S. Department of Transportation

Room W12

- 140, West Building Ground Floor 1200 New Jersey Avenue, SE. Washington, DC 20590

- 0001

Re: Exemption Request Pursuant to S ection 333 of the FMRA and Part 11 of the Federal Aviation Regulations, Seeking Exemption from: 14 C.F.R. Part 21 Subpart H; 14 C.F.R. § 21.191(a); 14 C.F.R. § 45.23(b); 14 C.F.R. § 45.27; 14 C.F.R. §§ 61.113(a) and (b); 14 C.F.R. § 91.l 19(c); 14 C.F.R. § 91.121; 14 C.F.R. § 91.151(a); 14 C.F.R. § 91.405(a); 14 C.F.R. § 91.407(a)(l); 14 C.F.R. §§

9 1.409(a)(l) and (2); 14 C.F.R. §§ 91.417(a) and (b).

Dear Sir or Madam:

Pursuant to Section 333 of the FAA Modernization and Reform Act of 2012 (the Reform Act), OVER THE TOP ADVERTISING (the operator), Anthony Roberts (the applicant), planned operator o f Small Unmanned Aircraft Systems (UASs) equipped to conduct aerial photography and survey for real estate and various industries, hereby applies for an exemption from Federal Aviation Regulations (FARs) to allow commercial operation of their UASs, so long as such operations are conducted within and under the conditions outlined herein or as may be established by the FAA as required by Section 333.

This requested exemption follows the language of exemptions Pursuant to Section 333 that have previously been approved by the FAA.

As described more fully below, the requested exemption would permit the operation of UASs by the applicant for commercial use that would provide the following benefits:

1. Operations would be performed in an area of operation limite d in size suitable to the specific use, in advance of flight.

2. The flight would be planned in advance to minimize hazards to persons and property in the air and on the ground.Over	The	Top	Advertising June	15,	2015 2 3. The operator would reasonably limit or control access to provide safety t o those not involved in the operation.

4. Operation of a sUAS would provide significant safety, environmental and other enhancements not possible by larger sized aircraft.

5. An FAA licensed airman with a Private grade or higher pilot certificate would

o perate the sUAS or an FAA licensed airman with a Commercial grade or higher pilot certificate would directly supervise the operation (as per Exemption No. 11157).

6. Provide a beneficial and currently unavailable service to government organizations and th e general public that would serve the public interest.

Approval of this exemption would thereby enhance safety and fulfill the Secretary of Transportation’s (the FAA Administrator’s) responsibilities to “... establish requirements for the safe operation o f such aircraft systems in the national airspace system” Section 333(c) of the Reform Act.

It is possible to operate UASs so to not create a hazard to users of the National Airspace System (NAS), the public or pose a threat to national security if done so safely and responsibly. The applicant has demonstrated their willingness to act safely and responsibly by not engaging in commercial sUAS operations. The applicant currently holds an FAA Private Pilot Single Engine (certificate number 3276424). This demo nstrates that the applicant has a high regard to safe operations, as well as a necessary high

- level understanding of the NAS and FARs. The experience these two FAA certificates represent, serves to add significantly to the level of safety in any operation performed by the applicant or the applicant’s employees.

AIRCRAFT AND EQUIVALENT LEVEL OF SAFETY

The applicant proposes that the exemption requested herein apply to civil aircraft that have the characteristics of sUAS and that operate with the limitation s listed herein. These limitations provide for at least an equivalent or higher level of safety to operations under the current regulatory structure as the proposed operations represent a safety enhancement to the already safe aerial commercial photography and survey operations conducted with conventional aircraft.

The UASs planned to be operated are rotorcraft, each weighing 55 or fewer pounds including payload. They would operate, under normal conditions, at a speed of no more than 87 knots. Operations w ill be performed by a qualified sUAS PIC, asOver	The	Top	Advertising June	15,	2015 3 outlined below, to insure that the sUAS will “not create a hazard to users of the national airspace system or the public.” Given the small size of the UASs involved and the pre

- planned environment within which t hey will operate, the applicant believes that these operations fall squarely within that zone of safety (an equivalent level of safety) in which Congress envisioned that the FAA must, by exemption, allow commercial operations of UASs to commence immediatel y. Also, operation in a researched (to include applicable NOTAMs), pre

- defined area will prevent the possibility of a national security issue. The operation of UASs by knowledgeable professionals with experience in the NAS will serve to enhance safety, add to the public benefit and reduce environmental impacts related to current methods of aerial photography and survey.

Listed below are the limitations and conditions to which the operator, or its employees, acting as sUAS PIC agrees to be bound when conduc ting commercial operations under an FAA issued exemption:

1. Safety will be the first and foremost consideration in any sUAS operation.

2. The sUAS pilot will be an FAA licensed airman with at least a Private Pilot

certificate

. 3. The sUAS FAA licensed airman wi ll be considered Pilot in Command (PIC), whether flying or supervising, and will be responsible for safe operation of the flight.

4. Flights will be operated within visual line of sight (VLOS) of the PIC and visual observer (VO).

5. The sUAS will weigh less th an 55 lbs. total.

6. Flights will be operated in Class G airspace whenever possible. If operation in other airspace is required, the relevant controlling agency will be notified at least 24 hours prior to the operation and, if required, any necessary permiss ion obtained.

7. Flights will be operated under visibility and cloud clearance requirements equivalent to Visual Flight Rules (VFR).

8. The sUAS will at all times give way to any aircraft carrying persons.

9. Minimum crew for each operation will consist of the s UAS PIC and visual observer (VO). The observer and PIC will at all times be able to communicate by voice.

10. Prior to a sUAS flight, an area of operation will be established. This area of operation will include a defined lateral and vertical area, where the sUAS will operate. Safety procedures will be established for persons, property and applicable airspace within the area of operation.

11. Flight planning will include flight completion with at least 20% batteryOver	The	Top	Advertising June	15,	2015 4 power remaining as measured by the sUAS or approp riate timing. Flight planning will also include evaluating weather conditions that may effect safe operations.

12. The sUAS aircraft used will utilize GPS navigation, failsafe, return

- to

- home (RTH) and/or flight abort safety features.

13. A briefing will be condu cted in regard to the planned sUAS operations prior to operation at each new location. All personnel who will be performing duties within the boundaries of the area of operation will be present for this briefing.

14. All required permissions and permits will be obtained from appropriate state, county or city jurisdictions, including local law enforcement, fire, or other appropriate governmental agencies.

15. Written (to include electronic, and/or oral) permission from the relevant property owners will be obtained prior to an operation.

16. The sUAS pilot will be trained in advance for the safe operation of the sUAS to be operated. Training will meet or exceed the manufactures guidelines. This training will include a minimum of 100 takeoff/landing cycles, 25

hours of total time as a UAS rotorcraft pilot and at least 10 hours logged as a sUAS pilot with a similar sUAS type. Prior to operations the PIC will have accumulated and logged a minimum of 5 hours as sUAS pilot operating the

make and model of sUAS as well as 3 t akeoffs and landings in the proceeding 90 days. Specific training will include normal and emergency modes of operation and will include familiarization with the operation manual published by the sUAS manufacturer. Training will also include types of maneuv ers to be performed during operations including safe operation in relation to persons, property and applicable airspace.

17. The sUAS PIC will establish a working relationship with a representative at the local FSDO with which to annually review safety proced ures and other operations to further enhance safety.

18. Prior to each flight, the PIC will inspect the sUAS to ensure it is in a condition for safe flight. If the inspection reveals a condition that affects the safe operation of the sUAS, the sUAS will not b e operated until the necessary maintenance has been performed and the sUAS is found to be in a condition for safe flight. The Ground Control Station will be included in the preflight inspection. All maintenance and alterations will be properly

documented i n the aircraft records.

19. Any sUAS that has undergone maintenance or alterations that affect the sUAS operation or flight characteristics, e.g. replacement of a flight critical component, will undergo a functional test flight. The PIC who conducts the

funct ional test flight will make an entry in the aircraft records.Over	The	Top	Advertising June	15,	2015 5 20. The pre

- flight inspection section in the operating documents will account for all potential discrepancies, e.g. inoperable components, items, or equipment, not already covered in the relevant s ections of the operating documents

. 21. The operator will follow the sUAS manufacturer’s aircraft/component, maintenance, overhaul, replacement, inspection, and life limit requirements.

22. The operator will carry out its maintenance, inspections, and record keeping requirements, in accordance w ith the operating documents. Maintenance, inspection, alterations, and status of replacement/overhaul component parts will be noted in the aircraft records, including total time in service, description of work accomplished, and the signature of the authori zed person returning the sUAS to service.

23. Each sUAS operated under this exemption will comply with all

manufacturers Safety Bulletins.

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

It is the applicant’s belief that the size, speed, operating environment, limitations and level of applicant’s experience in the NAS outlined provides an “equivalent level of safety” or better when operating a sUAS for the public interest as outlined in Section 333 in the FAA Modernization and Reform Act of 2012. It is requested

that the FA A issue an exemption to permit safe, legal, commercial sUAS operation by the applicant.

Sincerely,

Anthony Roberts, Owner Single Engine Private Pilot

OVER THE TOP ADVERTISING 8200 Mount McKinley Road Fort Worth, TX 76137

817

- 690

- 9895Over	The	Top	Advertising June	15,	2015 6 Appendix A

EXEM PTION REQUESTS AND EQUIVALENT LEVEL OF SAFETY

OVER THE TOP ADVERTISING , requests an exemption from the following regulations as well as any additional regulations that may technically apply to the operation of UASs:

14 CFR Part 21, Subpart H: Airworthines s Certificates This part establishes the procedures for the issuance of an airworthiness certificate. While the FAA continues to work to develop airworthiness standards for sUAS, we request an experimental certificate be issued for the UASs operated by th e applicant under either or both of the following provisions: 21.191 Experimental

certificates. Experimental certificates are issued for the following purposes:

(a) Research and development. Testing new aircraft design concepts, new aircraft equipment, n ew aircraft installations, new aircraft operating techniques, or new

uses for aircraft

.

(b) Showing compliance with regulations. Conducting flight tests and other operations to show compliance with the airworthiness regulations including flights

to show c ompliance for issuance of type and supplemental type certificates, flights to substantiate major design changes, and flights to show compliance with the function and reliability requirements of the regulations. Since the experimental

certificate can be use d for commercial purposes such as market surveys, sales demonstrations, and customer crew training, we would expect that an experimental

certificate wou ld permit our commercial purpose as well. The aircraft will not carry persons or property and will only fly under strict operational requirements. Combined with the fact that any aircraft operated would be light weight and is constructed primarily out of p lastic, we propose that a sUAS will be at least as safe, if not safer, than a conventionally certificated aircraft performing the same function. If an experimental airworthiness certificate is not appropriate for this application, then we request an exempt ion of 14 CFR Part21, Subpart H, and the requirement for an airworthiness certificate in general, citing the equivalent level of safety outlined in the previous paragraph.Over	The	Top	Advertising June	15,	2015 7 14 CFR 91.203(a) & (b) Civil aircraft: Certifications required. The regulation provides that an airworthiness certificate, with the registration number assigned to the aircraft and a registration certificate must be aboard the aircraft. Additionally, subparagraph (b) provides that the airworthiness certificate be “displayed at the c abin or cockpit entrance so that it is legible to passengers or crew.” A sUAS is too small to carry documentation, does not have an entrance, and is not capable of carrying passengers or crew. To obtain an equivalent level of safety and meet the intent of 91.203, we propose that documents deemed appropriate for this aircraft by the FAA will be co

- located with the crew at the ground control station and available for inspection upon request. In order to identify the aircraft, we propose the use of the sUAS’ u nique manufacturers serial number, and a contact telephone number be mounted on the sUAS on a placard of reasonable size in relation to the sUAS. In the event that a unique manufacturers serial number is not available, the previously mentioned placard will be affixed to the sUAS consisting of the model name and number of the sUAS, as well as a contact telephone number.

14 CFR 45.23 Display of marks; general and 45.29 Size of marks. These regulations provide that each aircraft must display “N” and the air craft’s registration number in letters at least 3 inches high. Additionally, the aircraft must display the word “EXPERIMENTAL” in letters at least 2 inches high near the entrance to the cabin, cockpit, or pilot station. A sUAS does not have an entrance

in which the word “EXPERIMENTAL” can be placed, and may not have a registration number assigned to it by the FAA. We propose to achieve an equivalent level of safety by including the word “EXPERIMENTAL” on the top or side of the aircraft, in the form of a pla card. The label will be of a size that will not overwhelm the aircraft, but will be reasonably readable to someone near the sUAS. The placard outlined in the previous paragraph will provide sufficient identifiability should someone discover the aircraft on the ground.

14 CFR 91.9 Civil aircraft flight manual, marking, and placard requirements. This regulation provides that no person may operate an aircraft unless a current, approved flight manual is in the aircraft. The intent of this requirement is to e nsure that flight manual information is available to the aircrew while operating the aircraft. We request an exemption to this requirement since the sUAS cannot carry such a manual, and if the sUAS did carry such manual, it would be unavailable to

the crew for review. To obtain an equivalent level of safety and meet the intent of 91.9, we propose that a current, sUAS operation manual or equivalent be available the crew at the ground station anytime the aircraft is in, or preparing for, flight.Over	The	Top	Advertising June	15,	2015 8 14 CFR 91.1 09 Flight instruction; Simulated instrument flight and certain flight tests. The regulation provides that “No person may operate a civil aircraft that is being used for flight instruction unless that aircraft has fully functioning dual controls.”

The cont rols for a sUAS do not currently have a set of fully functioning dual controls. If a sUAS pilot is being trained, the pilot performing the training would be directly supervising and could take over the controls from the pilot in training if

the need arose. This would be similar to the technique of a “throw

- over type” control wheel in some fixed wing aircraft. We feel that this technique meets the intent of 91.109 and provides an equivalent level of safety.

14 CFR 91.119 Minimum safe altitudes: General.

T he regulation provides that over sparsely populated areas the aircraft cannot be operated closer than 500 feet to any person, vessel, vehicle, or structure. Since the typical mission of this sUAS would be photography or survey of persons, vessels,

vehicles or structures it would be necessary to operate closer than 500 feet to the items listed. Operations will only be flown over property or persons where permission has been obtained, and careful pre

- planning has been performed. Further, sUAS aircraft operate at a very slow airspeed, and a low mass, and do not need as much space to operate safely, as outlined in 91.119. We believe the slower speed, smaller mass and careful pre

- planning would provide an equivalent level of safety.

14 CFR 9l.l21Altimeter setti ngs. The regulation provides that aircraft shall maintain cruising altitudes by reference to an altimeter setting available within 100 nautical miles of the aircraft. The sUAS will always fly below 500 feet AGL, and in line of sight of the PIC and visual observer (VO). This line of sight operation will provide separation from other aircraft, obstructions and terrain, and would override the use of an altimeter for such a purpose. We feel that this will provide an equivalent level of safety.

14 CFR 91.151 Fuel requirements for flight in VFR conditions. The regulation provides that no person may begin a flight in an airplane under day

VFR conditions unless there is enough fuel to fly to the first point of intended landing and to fly after that for at least 30 minutes. We feel the intention of this paragraph it to provide a reasonable reserve of energy to plan for a safe landing should there be a delay in landing. The close proximity to the ground station, the ability for both rotorcraft and small fixed wing aircraft to land in a very small space and the built in energy level monitoring of the sUAS we feel provide an equivalent level of safety if the flight is planned to be completed with 20% batteryOver	The	Top	Advertising June	15,	2015 9 energy remaining. We request an exemption to the word “fuel” and ask for an equivalent interpretation with the word “energy”.

14 CFR Subpart E (91.401

- 91.4171

- Maintenance, Preventive Maintenance,

and Alterations. The regulation provides that the operator is primarily responsible for maintaining

the aircraft in an airworthy condition, including compliance with part 39 and 43. Paragraphs 91.407 and 91.409 require that the aircraft be “approved for return to service by a person authorized under 43.7” after maintenance and inspection. It is

our intention that the PI C perform maintenance and inspection of the aircraft and “be authorized to approve the aircraft for return to service.” Prior to every flight, the PIC will inspect the aircraft to ensure that it is in an airworthy condition. Any general maintenance procedu res or replacement of consumable items outlined by the sUAS manufacturer, if applicable, will be complied with by the PIC. In no circumstance will a sUAS be operated in a condition that is deemed, or suspected to be, unsafe. If such a determination is reac hed, and the problem cannot be remedied to the satisfaction of the PIC, the sUAS will not be operated until consulting with the manufacturer or one of its authorized dealers to complete necessary repairs. We feel that due to the size, construction, and sim plicity of the aircraft, the PIC can ensure an equivalent level of safety.

8900.227 Paragraph 16(c)(4) PIC Medical. and Paragraph 16(e)(1)

Observer Medical. This policy provides that both the PIC and observer must have a valid FAA

second

- class medical certificate issued under Part 67 in order to perform as a pilot

or observer. R equiring the crew to meet the same medical requirements as a commercial pilot carrying passengers in a large aircraft is an unnecessary burden. We propose that the minimum medical requirements for the PIC be a valid FAA

third

- class medical certificate and for the visual observer (VO) be vision corrected to 20/20 and a valid, state

- issued driver’s license. The risk of both the PIC and observer becoming incapacitated at the same time and suddenly is very low. Further, since the sUAS is operating close to the ground, it could be brought in for landing in a very short time if incapacitation was suspected. Finally, the UASs used will be equipped with an automatic return to home feature, which would provide a final level of safety. We feel this would provide an eq uivalent level of safety.Over	The	Top	Advertising June	15,	2015 10 FLIGHT RESTRICTIONS (a) No flight will be made with a sUAS Gross weight exceeding 55 pounds; (b) Most operations will occur in FAA Class G airspace at no more than 500’ AGL, at an airspeed of no more than 87 knots and within visual line of sight (VLOS) of the PIC; (c) All o perations will utilize a visual observer (VO). The VO and PIC will be able to communicate verbally at all times during a flight operation; (d) Operations will be restricted to flights over private property with the permission of the property owner; (e) T he PIC will have accumulated and logged, in a manner consistent with 14 CFR § 61.51 (b), a minimum of 100 flight cycles and 25 hours of total time as a sUAS rotorcraft pilot and at least ten hours logged as a sUAS pilot with a similar sUAS type; 5 hours as sUAS pilot operating the make and model of sUAS as well as 3 takeoffs and landings in the proceeding 90 days. (f) All required permits will be obtained from state and local government prior to operation; (g) The sUAS System will not be operated over den sely populated areas; (h) The sUAS System will not be operated at air shows; (i) The sUAS System will not be operated over any open

- air assembly of people; (j) The sUAS System will not be operated over heavily trafficked roads; (k) The sUAS System will not be operated within 5 NM of an airport or heliport unless the operator has a CoA with the airport operator and within 48 hours, but not more than 72 hours issues an appropriate NOTAM; (l) Operations will be restricted to day only and weather condition s equivalent to
VFR; (m) The PIC will brief the VO and property owner about the operation and risk before the first flight at each new location; (n) No flight may be made without a successful Pre

- Flight Inspection by the PIC before each operation to asce rtain that the sUAS is in a condition safe for flight.

PRE

- FLIGHT CHECKLIST (1) Determine that sUAS battery is fully charged in order to prevent unexpected premature descent; (2) Check all wiring connections are tight; (3) Check all propellers are und amaged and no cracks exist in any structural members of the sUAS; ( 4 ) Turn on radio controller, check for adequate voltage, set it to connect to the sUAS, move all control switches the appropriate preflight position; ( 5 ) Connect the sUAS main battery, ch eck for radio contact with sUAS’s radio receiver;Over	The	Top	Advertising June	15,	2015 11 ( 6 ) At a location different from previous flight, re

- set GPS and compass to current location; ( 7 ) Turn on transmitter, gimbal and camera.

OPERATING DOCUMENTS Petitioner submits its Operations Manual an d Training Syllabus as Confidential documents under 14 C.F.R. § l l .35(b) as they contain proprietary information that Petitioner has not and will not share with others. The documents contain operating conditions and procedures that are not available to t he public and are protected from release under the Freedom of Information Act, 5 U.S.C. § 552.

The petition and the following supporting documentation are referred to as the operating documents.

1) Training Syllabus: a) Cautions, Warnings, Basic Flight Maneuv ers, Advanced Flight Maneuvers as per the DJI Pilot Training Guide and Mission Specific Flight Maneuvers 2) Operations Manual: a) Phantom 2 Vision Plus i) Phantom 2 Vision+ Plus Users Manual ii) Smart Flight Battery Safety Guidelines iii) Phantom 2 Vision+ Pilot Training G uide b) Phantom 3 i) Phantom 3 Professional Quick Start Guide ii) Phantom 3 Professional Users Manual iii) Phantom 3 Safety Guidelines and Disclaimer iv) Phantom 3 Intelligent Flight Battery Safety Guidelines c) Inspire 1 i) Inspire 1 Quick Start Guide ii) Inspire 1 Users Manual iii) Ins pire 1 Safety Guidelines iv) Inspire 1 Intelligent Flight Battery Safety Guidelines v) Inspire 1 Maintenance Manual

In addition to the operating documents the operator will also have readily available the following: 1) Sectional and TAC Aeronautical Charts 2) Personal Pilot Logbook 3) Maintenance Log/Discrepancy SheetsOver	The	Top	Advertising June	15,	2015 12 Petitioner submits its Operations Manual and Training Syllabus as Confidential documents under 14 C.F.R. § l l .35(b) as they contain proprietary information that

Petitioner has not and will not share with others. The documents contain operating conditions and procedures that are not available to the public and are protected from release under the Freedom of Information Act, 5 U.S.C. § 552.

CONCLUSION Satisfaction of the criteria provided in Section 333 of the FMRA regarding size, weight, speed, operating capabilities, proximity to airports and populated areas, operation within visual line of sight, and national security, provide more than adequate justification for the grant of the requested exemption a llowing operation of Petitioner's sUAS for aerial photography and survey for real estate and real estate and various industries pursuant to the Operations Manual.

If there are any questions, please contact me.

Respectfully

,

Anthony Roberts Owner, Over The Top Advertising fastpilot2@sbcglobal.net

817

- 690

- 9895