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 Section 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. §§ 

91.409(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 of 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 limited 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. 
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3. The operator would reasonably limit or control access to provide safety to 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 

operate 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 the 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 of 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 demonstrates 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 limitations 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 will be performed by a qualified sUAS PIC, as 
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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 they 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 immediately. 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 conducting 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 will 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 than 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 

permission 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 sUAS 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% battery 
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power remaining as measured by the sUAS or appropriate 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 conducted 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 takeoffs 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 maneuvers 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 procedures 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 be 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 in 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 

functional test flight will make an entry in the aircraft records. 
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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 sections 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 with 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 authorized 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 FAA 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

817-690-9895
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Appendix A

EXEMPTION 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: Airworthiness 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 the 

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, new 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 compliance 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 used for commercial purposes such as market surveys, sales 

demonstrations, and customer crew training, we would expect that an experimental 

certificate would 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 plastic, 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 exemption 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. 
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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 cabin 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’ unique 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 aircraft’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 placard. 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 ensure 

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. 
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14 CFR 91.109 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 controls 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. 

The 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 settings. 

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 dayVFR 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% battery 
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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 PIC 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 procedures 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 reached, 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 simplicity 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. Requiring 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 equivalent level of 

safety. 
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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 operations 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) The 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 densely 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 conditions 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 ascertain 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 undamaged 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, check for radio contact with sUAS’s radio 

receiver; 
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(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 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. 

The petition and the following supporting documentation are referred to as the 

operating documents.

1) Training Syllabus:

a) Cautions, Warnings, Basic Flight Maneuvers, 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 Guide 

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)Inspire 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 Sheets
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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 allowing 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