October 22, 2015

U.S. Department of Transportation, Docket Operation s West Building Ground Floor, Room W 12-140 1200 New Jersey Avenue, SE Washington, DC 20590

Dear Sir or Madam:

Description of Petitioner:

Pursuant to Section 333 of the FAA Modernization an d Reform Act of 2012 (the Reform Act) and 14 CFR § Part 11, ABOVE ALL OPTICS, LLC. , Petitioner, is an operator of small Unmanned Aircraft Systems (“sUAS”) equipped to cond uct aerial photography and videography, hereby applies for an exemption from t he listed Code of Federal Regulations (CFR’s) to allow commercial operation of its sUAS, 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.

Description of Aircraft:

The proposed exemption, if granted, would allow ABOVE ALL OPTICS, LLC. to conduct commercial operations utilizing its sUAS: Blade Chr oma, DJI Phantom 2, & DJI Phantom 3. It will be determined by ABOVE ALL OPTICS, LLC. which sUAS to
use based on a review of the proposal of work and also taking i nto consideration other factors
i ncluding weather, wind, altitude necessary to complete the job and the complexity of the site
location

.

Description of Proposed Operations:

ABOVE ALL OPTICS, LLC. is seeking this exemption to use one or more of it s small Unmanned Aircraft Systems (sUAS) for the special pu rpose of conducting aerial video and photography over certain areas of the United States focusing its operations in the photography, architectural, engineering, agricultur al and construction industries. ABOVE ALL OPTICS, LLC. plans to use the capabilities of the sUAS to offer a multitude of services, including:

Real estate photography and videography, aerial fil mmaking and photography, agriculture and livestock monitoring, construction site inspect ions and monitoring, special event photography/videography, educational and research o perations, aerial data collection, crew training and proficiency operations, disaster response/search and rescue operations, inspection of city

‐ owned storm water canal systems, inspection of city

‐ owned road right of ways, inspections of city

‐ funded infrastructure improvement projects, bridge inspections, assist with damage assessments or sit uational status reports of municipalities during emergency response operations, evaluations for municipalities related to flora & fauna (vegetation & wildlife) issues and assist wit h site security during city-sponsored events (i.e. 4 th of July, New Year’s parades, etc.)2

Relevant Statutory Authority:

Section 333, titled “Special Rules for Certain Unma nned Aircraft Systems” provides a mechanism for seeking expedited FAA authorization o f safe civil Unmanned Aircraft Systems (UAS) operations in the National Airspace System (“ NAS”). Section 333(a) states that the Secretary of Transportation “shall determine if cer tain unmanned aircraft systems may operate safely in the national airspace system before compl etion of the (comprehensive) plan and rulemaking required by section 332(b)(1) of this Ac t or the guidance required by section 334 of this Act.” In Section 332(b)(1), Congress made i t clear that Section 333 provides a mechanism for “expedited operation authorization” i f several factors are met. Approval of this exemption would thereby enhance safety and fulfill the Secretary of Transportation's (the FAA Administrator's) responsibilities under Section 333 (c) of the Reform Act.

The name and address of the applicant are:

ABOVE ALL OPTICS, LLC. Jon Ottney, Owner
43 Pine Brook Cir. Penfield, NY 14526

Risk Mitigation:

ABOVE ALL OPTICS, LLC. sUAS have a built-in capability to limit 1) the he ight they fly above the ground and 2) the radius of the distance they fly from the operator. The listed sUAS have a return to home function, which means, w hen the battery levels drop below an
established safe level or if communication between the transmitter and receiver is lost (lost link), the outputs of all command sticks from the c ontrollers will go to the center position. Using GPS signal, the system will automatically tri gger a return to home function and will land safely. Powered by batteries, our sUAS are sma ller, lighter and more maneuverable than larger aircraft operating on combustible fuel. Our sUAS operates at lower altitudes with no people on board and will thereby reduce current ris k levels, enhance safety and diminish the likelihood of death or serious bodily injury. With a small payload and maximum flight time of only 25 minutes, this offers little or no risk t o national security.

Therefore, ABOVE ALL OPTICS, LLC. requests an exemption from the following regulations as well as any additional regulations t hat may technically apply to the operations of its Small Unmanned Aircraft Systems.

14 CFR §21; 14 CFR §45.23 (b); 14 CFR §45.29; 14 CF R §61.101(a); 14 CFR §61.113(a)(b); 14 CFR §61.315(b)(c)(1-3); 14 CFR §9 1.7 (a) 14 CFR §91.9 (b)(2); 14 CFR §91.103(b); 14 CFR §91.109; 14 CFR §91.119; 14 CFR §91.121; 14 CFR §91.151 (a); 14 CFR §91.203 (a)(b); 14 CFR §91.215; 14 CFR §91.405 (a); 14 CFR §91.407 (a)(1); 14 CFR §91.409 (a)(1-2); 14 CFR §91.417 (a)(b).3

1. 14 CFR §21, Subpart H: Airworthiness Certificates

Subpart H, entitled Airworthiness Certificates, est ablishes the procedural requirements for the issuance of airworthiness certificates as required by FAR §91.203 (a) (1). Given the size and limited operating area associated with the sUAS to be utilized by ABOVE ALL OPTICS,
LLC.

, an exemption from Part 21 Subpart H meets the requ irements of an equivalent level of safety under Part 11 of Section 333 of the Reform A ct. The Federal Aviation Act (49 U.S.C.§44701(t) and Section 333 of the Reform Act b oth authorize the FAA to exempt aircraft from the requirement for an airworthiness certificate, upon consideration of the size, weight, speed, operational capability, and proximit y to airports and populated areas of the particular sUAS. An analysis of these criteria dem onstrates that the sUAS operated without an airworthiness certificate, in the restricted env ironment and under the conditions proposed will be at least as safe, or safer, than a conventi onal aircraft (fixed wing or helicopter) operating with an airworthiness certificate without the restrictions and conditions proposed.

2. 14 CFR § 45.23 Display of marks; and 14 CFR § 45.29 Size of markings.

This regulation requires certain experimental, prov isionally certificated aircraft, or light-sport category aircraft to be marked with letters between 2 inches and 6 inches high “limited,” “restricted,” “light-sport,” “experimental,” or “pr ovisional,” near each entrance to a cabin, cockpit, or pilot station. Even though the sUAS wil l have no airworthiness certificate, an exemption would be needed as the sUAS will have no entrance to a cabin, cockpit or pilot station on which the word “Experimental” can be pla ced. Given the small size of the sUAS, two-inch lettering would be impossible. The FAA has issued an exemption to this regulation: Exemption No. 11109.

3. 14 CFR § 61.113; 14 CFR §61.101(a); 14 CFR §61.315( b)(c)(1-3) Sport, Recreational & Private pilot privileges and limitat ions: Pilot in Command

Sections 61.113 (a) & (b) limit private pilots to n on-commercial operations. Because the sUAS will not carry a pilot or passengers, the prop osed operations can achieve the equivalent level of safety of current operations by requiring the PIC operating the sUAS to have completed sUAS flight training by reviewing each of the respective sUAS manuals and review all applicable tutorial videos found online. The PIC would also perform a minimum of 15 flight cycles and 5 hours of total flight time a s a sUAS rotorcraft pilot before performing the first “operational flight” under this exemption . Unlike a conventional aircraft that carries a pilot and passengers, the sUAS is remotely controll ed with no living thing or cargo on board. The area of operation is controlled and restricted, and all flights are planned and coordinated in advance. The risks associated with the operation of the sUAS are so diminished from the level of risk associated with commercial operations anticipated by 14 CFR Part 61 when drafted, that allowing operations of the sUAS as re quested with a PIC who has met the minimum requirements stated above exceeds the prese nt level of safety achieved by 14 CFR §61.113 (a)(b); §61.101(a); §61.315(b)(c)(1-3)

4. 14 CFR § 91.7 (a) Civil airworthiness certificate.

As no such certificate will be applicable in the fo rm expected by the CFR’s, this Regulation is not applicable. The FAA has granted similar exempti ons in Exemptions 11062 through 11067, 11080, 11109, and 11110.4

5. 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. We assume that th e intent of this requirement is to ensure that flight manual information is available to the aircr ew while operating the aircraft. We request an exemption to this requirement since the aircraft is not only too small to carry documentation, the documentation would not be avail able to the crew during flight operations. To obtain an equivalent level of safety and meet the intent of 91.9, we propose that the applicable sUAS Operator Manuals be availa ble to the crew at the ground station anytime the UAS is in, or preparing for, flight, an d ready for presentation for any governing official upon request. T he FAA has issued the following exemptions to this regulation: Exemption Nos. 8607, 8737, 8738, 9299, 9299A, 9565, 9565B, 10167, 10167A, 10602, 32827, and 10700.

6. 14 CFR § 91.103(b) Preflight Action

This regulation requires each pilot in command take certain actions before flight to ensure the safety of flight. An exemption is needed from this requirement, as the pilot will take separate preflight actions, including checking for weather c onditions, checking flight battery requirements, checking takeoff and landing distance s, and all other actions in the Preflight Checklists from the applicable sUAS Operator Manual s. These actions will provide an equivalent level of safety.

7. 14 CFR § 91.109 Flight Instruction

This regulation provides that no person may operate a civil aircraf t (except a manned free balloon) that is being used for flight instruction unless that aircraft has fully functioning dual controls. By design, sUAS, which are remotely pilo ted aircraft, do not have fully functional dual controls. Flight control is accomplished throu gh the use of a control box that
communicates with the aircraft via radio communicat ions. The equivalent level of safety provided by the fact that neither a pilot nor passe ngers will be carried in the aircraft, the ability to control the sUAS via radio signals from the controller, and by the size and speed of the aircraft. The FAA has previously approved exemp tions for aircraft without fully functional dual controls. See Exemption Nos.5778K & 9862A.

8. 14 CFR § 91.119 Minimum safe altitudes.

This regulation states that over sparsely populated areas the aircraft cannot be operated closer than 500 feet to any person, vessel, vehicle, or st ructure. Since the typical mission of the sUAS would be photography or survey of persons, ves sels, vehicles or structures it would be necessary to operate closer than 500 feet to the it ems listed. Operations will only be flown over property or persons where permission has been obtained and careful pre-planned flight path has been performed. The aircraft will be opera ted at a low altitude allowing, if a power unit fails, an emergency landing without undue haza rd to persons or property on the surface.
Therefore we maintain that due to the small size of the UAS, the hazard to persons, vehicles and structures is minimal compared to manned aircra ft, which should be considered in granting the exemption. The FAA has granted exempti ons to conduct similar operations in Exemptions 11062 through 11067, 11080, and 1110.5

9. 14 CFR § 91.121 Altimeter settings.

This regulation requires that aircraft shall mainta in cruising altitudes by reference to an altimeter setting available within 100 NM of the ai rcraft. The sUAS will always fly below 200 feet AGL and will not need to maintain cruising alt itudes in order to prevent conflict with
other aircraft. An Above Ground Level altimeter mea surement above the takeoff point is transmitted via radio from the sUAS on-board comput er to the display screen held by the PIC, providing a constantly updated AGL readout.

10. 14 CFR § 91.151 Fuel requirements for flight in VFR conditions.

This regulation provides that no person may begin a flight in an airplane under day-VFR conditions unless there is enough fuel to fly to th e first point of intended landing and to fly
after that for at least 30 minutes. We feel the int ention of this paragraph is to provide an energy reserve as a safety buffer for delays to lan ding. Our sUAS are battery operated and the maximum duration for each flight from a single batt ery charge is 15 minutes with a 20% reserve. Since the aircraft will never fly more tha n 0.263 NM from the point of intended landing, a full battery charge at launch will ensur e that we meet the reserve energy requirement of this paragraph. Similar exemptions have been granted to other opera tions, including Exemptions 2689F, 5745, 10673, and 10808.

11. 14 CFR § 91.203(a) & (b) Civil aircraft: Certificat ions required.

This regulation provides that an airworthiness cert ificate, with the registration number assigned to the aircraft and a registration certifi cate must be on board the aircraft. Additionally, subparagraph (b) provides that the ai rworthiness certificate be "displayed at the cabin or cockpit entrance so that it is legible to passengers or crew." The sUAS are 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 an d meet the intent of 91.203, we propose that documents (in this case sUAS Operator Manuals) deem ed applicable for the UAV being flown will be with the crew at the ground control s tation and available for inspection upon request. Prior exceptions include Exemption Nos. 9565, 9665, 9789, 9789A, 9797, 9797A, 9816A, and 10700.

12. 14 CFR § 91.405(a); 407(a)(1); 409(a)(1)&(2); 417 (a)&(b)- Maintenance Inspections

This regulation provides that the operator is prima rily responsible for maintaining the aircraft in an airworthy condition, including compliance wit h part 39 and 43. Paragraphs 91.407 and 91.409 require that the aircraft be "approved for r eturn to service by a person authorized under 43.7 after maintenance and inspection. It is our in tention that the PIC perform maintenance and inspection of the aircraft and "be authorized t o approve the aircraft for return to service."
The PIC will ensure that the aircraft is in an airw orthy condition prior to every flight and in addition conduct detailed inspections after every t wo hours of flight. Maintenance performed by the PIC is limited to repairing such things as s mall cracks, replacing a propeller, checking electrical connections and updating software and fi rmware for the on-board computers. The manufacturer or their designated repair facility wi ll perform all other maintenance. The PIC will document work performed in accordance with 91. 417. We feel that due to the size, construction, and simplicity of the aircraft, the P IC can ensure an equivalent level of safety.6

The FAA has granted exemptions for similar operatio ns in Exemptions 11062 through 11067, 11080, 11109, 11110, and 11112.

Pilot in Command and Observer Qualifications and Du ties:

The PIC (Pilot in Command) will maintain at least a Sport Pilot Certificate and a valid driver’s license, plus at least 5 hours flying time and 15 takeoffs and landings within 30 days in the type of UAS utilized in operations.

The PIC is responsible for the safe and efficient o peration of the aircraft. Specific duties include all preflight preparation and inspection, i n flight operation, post flight requirements, and all procedures including but not limited to:

• Safe in flight operations

• Current weather conditions for safe flight

• Risk evaluation

The Observer must have the visual acuity to observe the sUAS and be able to communicate clearly with the PIC. The Observers duties are:

• Warning the PIC of any impending obstacles in the f light path

• Warning of any deviations from the planned flight p ath

• Warning of any unauthorized personnel appearing in the area of the planned flight path

The Observer will have the authority to order the P IC to terminate the flight should he feel the flight couldn’t be conducted safely.

UAS Operating Parameters:

1. ABOVE ALL OPTICS, LLC. will operate its sUAS in line of sight of a pilot and/or observer and will operate at sites that are a 'suff icient distance' from populated areas. Such operations will insure that the sUAS will "not create a hazard to users of the national airspace system or the public."
2. Before an operation of a sUAS within 5NM of an airp ort with a control tower, the control tower will be called to gain permission to operate the sUAS. The PIC will give the position, altitude and the times the sUAS will be operated. The sUAS will not be operated at an altitude of over 200 feet AGL . Weather minimums will be 1
mile and clear of clouds.
3. Before an operation of a sUAS within 5NM of a non-t owered airport, appropriate personnel will be notified and the PIC will give th e right of way to avoid flying in the proximity of manned aircraft. At no time will the s UAS be operated within the final approach course and the takeoff course of any runwa y. 4. Flights will be terminated at 20% battery power res erve should that occur prior to the 25 minute battery limit.
5. Minimum crew for each operation will consist of the sUAS Pilot, the Visual Observer and may include but not limited to a Camera Operato r. 6. The sUAS operated by the petitioner weighs less tha n 55 pounds, including the payload (i.e. camera, lens, and gimbals).7

7. A preflight and post flight checklist will be devel oped and employed to ensure that UAV airworthiness will be maintained for flight ope rations that will be performed by the PIC in accordance with the sUAS Operator Manual s and only manufacturer's authorized replacement parts will be used.
8. Given the small size, weight, speed and operational capabilities of the sUAS and the restricted sterile environment within which they wi ll fly, our sUAS operations adhere to the Reform Act's safety requirements.

Additionally, we request that we be allowed to use our sUAS to benefit first responders who might require assistance, including fire fighters, police, sheriff, etc., all while remaining subject to all limitations cited below:

1. No flight will be made with a gross weight exceedin g 55 pounds.
2. All operations must occur in FAA Class G airspace a t no more than 200 ft. AGL, at airspeed of no more than 25 knots and no further th an 1600 ft. or 0.263 NM from the
PIC.
3. All operations must utilize a visual observer (VO). The VO and PIC must be able to communicate by voice at all times during a flight o peration.
4. If required, permits will be obtained from state an d local city governments prior to operation.
5. PIC will not operate over densely populated areas.
6. PIC will not operate over any open-air assembly of people.
7. PIC will not operate over heavily trafficked roads.

FCC Information:

Our Blade Chroma, DJI Phantom transmitters used for controlling the sUAS comply with part 15 of the FCC rules. Operation is subject to the fo llowing two conditions: (1) This device may not cause harmful interference, and (2) this device must accept any interference received, including interference that may cause undesired ope ration. Radio frequencies used will be those allotted by the FCC for data transmission and vehicle control in unlicensed frequency bands. All devices used will comply with FCC usage and emissions regulations.

Public Interest:

Small Unmanned Aircraft Systems offer more efficien t and safer benefits over the use of fullsized manned aircraft for aerial video and photogra phy in the architectural, engineering, agricultural and construction industries. Replacing significantly larger manned aircraft carrying crew and flammable fuel with small sUAS ca rrying no passengers, crew or fuel creates a much greater margin of safety for the pub lic.

By granting ABOVE ALL OPTICS, LLC. requested exemption, the FAA will help drive development of safe and successful commercial UAS o perations and will advance the public knowledge base for such operations. These factors a re beneficial for, and in the best interest of, the public. Therefore, the FAA has good cause to grant this Petition.8

In Conclusion.

Satisfaction of the criteria provided in Section 33 3 of the Reform Act of 2012 – size, weight, speed, operating capabilities, proximity to airport s and populated areas, and operating within visual line of sight or posing no threat to nationa l security – provide more than adequate justification for the grant of the requested exempt ion allowing commercial operation of Petitioner’s Blade Chroma, DJI Phantom 2, and DJI P hantom 3 for the purposes outlined herein and are consistent with exemptions already g ranted.

For the aforementioned reasons, ABOVE ALL OPTICS, LLC. should be permitted to conduct sUAS commercial operations under controlled conditions and in accordance with its Blade & DJI operator manuals and all other paramete rs deemed necessary and appropriate by the FAA. Accordingly, the Petitioner respectfully requests that the FAA grant the requested Petition for Exemption without delay. Thank you fo r your consideration.

Respectfully,

/s/ Jon Ottney, Owner ABOVE ALL OPTICS, LLC.9

Pursuant to 14 CFR Part 11, the following is a summ ary to be provided for publication in the Federal Register if needed:

ABOVE ALL OPTICS, LLC. is seeking a Petition for Exemption from the follo wing regulations:

14 CFR §21; 14 CFR §45.23 (b); 14 CFR §45.29; 14 CF R §61.101(a); 14 CFR §61.113(a)(b); 14 CFR §61.315(b)(c)(1-3); 14 CFR §9 1.7 (a) 14 CFR §91.9 (b)(2); 14 CFR §91.103(b); 14 CFR §91.109; 14 CFR §91.119; 14 CFR §91.121; 14 CFR §91.151 (a); 14 CFR §91.203 (a)(b); 14 CFR §91.215; 14 CFR §91.405 (a); 14 CFR §91.407 (a)(1); 14 CFR §91.409 (a)(1-2); 14 CFR §91.417 (a)(b).

ABOVE ALL OPTICS, LLC. is seeking this exemption to use one or more of it s small Unmanned Aircraft Systems (sUAS) for the special pu rpose of conducting aerial video and photography over certain areas of the United States focusing its operations in the architectural, engineering, agricultural and constr uction industries. By granting approval of this Petition for Exemption, it will greatly enhanc e safety and reduce risks associated with
these activities. The conventional methods included the use of manned aircraft or rotorcraft, which pose a greater risk to personnel involved and to the public in general. Using its sUAS that carry no passengers, crew or flammable fuel wi ll eliminate the risks associated with these
tasks.

For the foregoing reasons, the exemption requested herein should be granted and ABOVE ALL OPTICS, LLC. should be permitted to conduct small UAS commercia l operations
under controlled conditions and in accordance with its Operation Manuals and all other parameters deemed necessary and appropriate by the FAA.

/s/ Jon Ottney, Owner ABOVE ALL OPTICS, LLC.