October 22, 2015 

U.S. Department of Transportation, Docket Operations 

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 and 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 conduct aerial photography and 

videography, hereby applies for an exemption from the 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 Chroma, 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 into consideration other factors 

including 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 its small 

Unmanned Aircraft Systems (sUAS) for the special purpose of conducting aerial video and 

photography over certain areas of the United States focusing its operations in the 

photography, architectural, engineering, agricultural 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 filmmaking and photography, agriculture 

and livestock monitoring, construction site inspections and monitoring, special event 

photography/videography, educational and research operations, 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 situational status reports of municipalities 

during emergency response operations, evaluations for municipalities related to flora & 

fauna (vegetation & wildlife) issues and assist with site security during city-sponsored 

events (i.e. 4th of July, New Year’s parades, etc.) 
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Relevant Statutory Authority: 

Section 333, titled “Special Rules for Certain Unmanned Aircraft Systems” provides a 

mechanism for seeking expedited FAA authorization of 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 certain unmanned aircraft systems may operate 

safely in the national airspace system before completion of the (comprehensive) plan and 

rulemaking required by section 332(b)(1) of this Act or the guidance required by section 334 

of this Act.” In Section 332(b)(1), Congress made it clear that Section 333 provides a 

mechanism for “expedited operation authorization” if 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 height 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, when 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 controllers will go to the center position. 

Using GPS signal, the system will automatically trigger a return to home function and will 

land safely. Powered by batteries, our sUAS are smaller, 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 risk 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 to national security. 

Therefore, ABOVE ALL OPTICS, LLC. requests an exemption from the following 

regulations as well as any additional regulations that 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 CFR §61.101(a); 14 CFR 

§61.113(a)(b); 14 CFR §61.315(b)(c)(1-3); 14 CFR §91.7 (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). 
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1. 14 CFR §21, Subpart H: Airworthiness Certificates 

Subpart H, entitled Airworthiness Certificates, establishes 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 requirements of an equivalent level of 

safety under Part 11 of Section 333 of the Reform Act. The Federal Aviation Act (49 

U.S.C.§44701(t) and Section 333 of the Reform Act both authorize the FAA to exempt 

aircraft from the requirement for an airworthiness certificate, upon consideration of the size, 

weight, speed, operational capability, and proximity to airports and populated areas of the 

particular sUAS. An analysis of these criteria demonstrates that the sUAS operated without 

an airworthiness certificate, in the restricted environment and under the conditions proposed 

will be at least as safe, or safer, than a conventional 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, provisionally 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 “provisional,” near each entrance to a cabin, 

cockpit, or pilot station. Even though the sUAS will 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 placed. 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 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 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 as 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 controlled 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 requested with a PIC who has met the 

minimum requirements stated above exceeds the present 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 form expected by the CFR’s, this Regulation is 

not applicable. The FAA has granted similar exemptions in Exemptions 11062 through 

11067, 11080, 11109, and 11110. 
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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 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 aircraft is not only too small to carry 

documentation, the documentation would not be available 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 available to the crew at the ground station 

anytime the UAS is in, or preparing for, flight, and ready for presentation for any governing 

official upon request. The 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 conditions, checking flight battery 

requirements, checking takeoff and landing distances, and all other actions in the Preflight 

Checklists from the applicable sUAS Operator Manuals. 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 aircraft (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 piloted aircraft, do not have fully functional 

dual controls. Flight control is accomplished through the use of a control box that 

communicates with the aircraft via radio communications. The equivalent level of safety 

provided by the fact that neither a pilot nor passengers 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 exemptions 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 structure. Since the typical mission of the 

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-planned flight 

path has been performed. The aircraft will be operated at a low altitude allowing, if a power 

unit fails, an emergency landing without undue hazard 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 aircraft, which should be considered in 

granting the exemption. The FAA has granted exemptions to conduct similar operations in 

Exemptions 11062 through 11067, 11080, and 1110. 
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9. 14 CFR § 91.121 Altimeter settings. 

This regulation requires that aircraft shall maintain cruising altitudes by reference to an 

altimeter setting available within 100 NM of the aircraft. The sUAS will always fly below 200 

feet AGL and will not need to maintain cruising altitudes in order to prevent conflict with 

other aircraft. An Above Ground Level altimeter measurement above the takeoff point is 

transmitted via radio from the sUAS on-board computer 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 the first point of intended landing and to fly 

after that for at least 30 minutes. We feel the intention of this paragraph is to provide an 

energy reserve as a safety buffer for delays to landing. Our sUAS are battery operated and the 

maximum duration for each flight from a single battery charge is 15 minutes with a 20% 

reserve. Since the aircraft will never fly more than 0.263 NM from the point of intended 

landing, a full battery charge at launch will ensure that we meet the reserve energy 

requirement of this paragraph. Similar exemptions have been granted to other operations, 

including Exemptions 2689F, 5745, 10673, and 10808.

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

This regulation provides that an airworthiness certificate, with the registration number 

assigned to the aircraft and a registration certificate must be on board 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." 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 and meet the intent of 91.203, we propose that 

documents (in this case sUAS Operator Manuals) deemed applicable for the UAV being 

flown will be with the crew at the ground control station 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 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." 

The PIC will ensure that the aircraft is in an airworthy condition prior to every flight and in 

addition conduct detailed inspections after every two hours of flight. Maintenance performed 

by the PIC is limited to repairing such things as small cracks, replacing a propeller, checking 

electrical connections and updating software and firmware for the on-board computers. The 

manufacturer or their designated repair facility will 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 PIC can ensure an equivalent level of safety. 
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The FAA has granted exemptions for similar operations in Exemptions 11062 through 11067, 

11080, 11109, 11110, and 11112. 

Pilot in Command and Observer Qualifications and Duties: 

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 operation of the aircraft. Specific duties 

include all preflight preparation and inspection, in 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 flight path 

• Warning of any deviations from the planned flight path 

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

path 

The Observer will have the authority to order the PIC 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 'sufficient 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 airport 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-towered airport, appropriate 

personnel will be notified and the PIC will give the right of way to avoid flying in the 

proximity of manned aircraft. At no time will the sUAS be operated within the final 

approach course and the takeoff course of any runway. 

4. Flights will be terminated at 20% battery power reserve 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 Operator. 

6. The sUAS operated by the petitioner weighs less than 55 pounds, including the 

payload (i.e. camera, lens, and gimbals). 
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7. A preflight and post flight checklist will be developed and employed to ensure that 

UAV airworthiness will be maintained for flight operations that will be performed by 

the PIC in accordance with the sUAS Operator Manuals 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 will 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 exceeding 55 pounds. 

2. All operations must occur in FAA Class G airspace at no more than 200 ft. AGL, at 

airspeed of no more than 25 knots and no further than 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 operation. 

4. If required, permits will be obtained from state and 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 following 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 operation. 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 efficient and safer benefits over the use of fullsized manned aircraft for aerial video and photography in the architectural, engineering, 

agricultural and construction industries. Replacing significantly larger manned aircraft 

carrying crew and flammable fuel with small sUAS carrying no passengers, crew or fuel 

creates a much greater margin of safety for the public. 

By granting ABOVE ALL OPTICS, LLC. requested exemption, the FAA will help drive 

development of safe and successful commercial UAS operations and will advance the public 

knowledge base for such operations. These factors are beneficial for, and in the best interest 

of, the public. Therefore, the FAA has good cause to grant this Petition. 
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In Conclusion. 

Satisfaction of the criteria provided in Section 333 of the Reform Act of 2012 – size, weight, 

speed, operating capabilities, proximity to airports and populated areas, and operating within 

visual line of sight or posing no threat to national security – provide more than adequate 

justification for the grant of the requested exemption allowing commercial operation of 

Petitioner’s Blade Chroma, DJI Phantom 2, and DJI Phantom 3 for the purposes outlined 

herein and are consistent with exemptions already granted. 

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 parameters 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 for your consideration. 

Respectfully, 

/s/ 

Jon Ottney, Owner 

ABOVE ALL OPTICS, LLC. 
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Pursuant to 14 CFR Part 11, the following is a summary to be provided for publication 

in the Federal Register if needed: 

ABOVE ALL OPTICS, LLC. is seeking a Petition for Exemption from the following 

regulations: 

14 CFR §21; 14 CFR §45.23 (b); 14 CFR §45.29; 14 CFR §61.101(a); 14 CFR 

§61.113(a)(b); 14 CFR §61.315(b)(c)(1-3); 14 CFR §91.7 (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 its small 

Unmanned Aircraft Systems (sUAS) for the special purpose of conducting aerial video and 

photography over certain areas of the United States focusing its operations in the 

architectural, engineering, agricultural and construction industries. By granting approval of 

this Petition for Exemption, it will greatly enhance 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 will 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 commercial 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.