TO: U.S. Department of Transportation July 6, 2015 Docket Management Sy stem 1200 New Jersey

Ave., SE Washington, DC 20590

FROM: CREATED FROM ABOVE C/O Gary D. Rose 4100 N. Hwy

97 Klamath Falls, OR 97601 (541) 274

- 1045
gary @createdfromabove.com

RE: Exemption Request Section 333 of the FAA Reform Act of 2012

Attachments: 1. Blade Chroma 1080P Owners Manuel

. 2. Flight Log (will be immediately implemented)

References: 1. FAA Exemption No. 11138, Regu latory Docket No. FAA20140481 in the matter of the petition of DOUGLAS TRUDEAU 2. FAA Exemption No. 11136, Regulatory Docket No. FAA

– 2014

– 0508 in the matter of the petition of ADVANCED AVIATION SOLUTIONS LLC 3. FAA Exemption No. 11080 Regulatory Docket No. FAA20140355 in the matter of the petition of FLYING CAM I NC 4. FAA Exemption No. 11437 Regulatory Docket No. FAA20150221 in the matter of th e petition of MARCUS D MEL HUS

Dear Sir or Madam, In accordance with the FAA ’ s Guidelines for Submitting a Petition for Exemption under section 333 of the FAA Modernization and Reform Act of 2012 , I Gary D. Rose doing business as “Created From Above” here after as the petitioner, request exemption from the following sections of Title 14, Code of Federal Regulations §§ **61.113(a) ;**  **61.113(b) ;**  **91.119(c) ;**  **91.121 ;**  **91.151(a) ;**  **91.405(a) ;**  **91.407(a)(1) ;**  **91.409 (a)(1)**  **; 91.409(a)(2)**  **; 91.417(a) & (b)**  **;**

In order to opera te small unmanned aircraft s ys tems (UAS) commercially in airspace regulated b y the Federal Aviation Administration (FAA) for the purposes of aerial photograph y, cinematography , videography , and other flight operations that could be performed safel y and mor e cost effectively with the use of small UAS at low altitude within the U.S. national airspace sy stem as compared to a manned aircraft.

Operations will be in support of local fire departments and related emergency service agencies such as Search and Resc ue , focusing on pre

- incident planning and imaging that would form the basis for incident action plans in the event of a real emergency

.Operations will be performed only at the request of and with the authorization and permission of clients (municipalities ) or their authorized agents in order to improve incident pre

- planning and raise awareness of the beneficial uses of small unmanned air
sy stems for use within the fire service to improve their ability to respond in the event of a real incident.

The exemption would also be used in special events, sporting events and land surveillance, real estate, commercial inspections and commercial maintenance over certain areas of these United States with permission of the landowner or agent.

So long as such all oper ations are conducted within and under the conditions outlined herein or as may

be established by

the FAA as required by

Section 333. The conditions identified and proposed by the petitioner are drawn from references 1

- 3.

**The FARs** The petitioner seeks exemption from the above mentioned FARs for the following

reasons ; **61.113(a) & (b)** ; The petitioner requests relief in order to facilitate the utilization of an experienced UAS operator with the addition of a trained observer. All pre

- flight inspection, mainten ance and flight logs will be saved and made available to the FAA and Secretary of Transportation (SoT) for review; with the purpose of safel y integrating civil UAS operation in the National Airspace Sy stem. **91.119(c)** As discussed in Exemption 11138 (DOUGLA S TRUDEAU), operations conducted closer than 500 feet to the ground may require that the UA be operated closer than 500 feet to essential persons, or objects that would not be possible without additional relief. The petitioner requests modification, waiver or exemption and clarification concerning the
terms “ congested areas ” and “ densel y populated ” . The petitioner requests waiver for this condition to allow reasonable and responsible operations in areas of subdivisions and neighborhoods if required. The pe titioner will primarily operate the UAS between ground level and 200 feet. The UAS will be operated over designated properties with the consent of the local municipality , land owner or their designated agent and while maintaining a safe distance from perso ns. The petitioner will compile flight data from the logs. This data may

assist the FAA in development of regulations for commercial operations in low

- risk, controlled environments. **91.121** As discussed in Exemption 11138 (DOUGLAS TRUDEAU) is inapplicable s ince the UAS does not have an altimeter and instead utilizes electronic GPS with a barometric sensor for altitude information. **91.151(a)** As discussed in Exemption 11136 (ADVANCED AVIATION SOLUTIONS LLC) prior relief has been granted for manned aircraft to operate at less than the prescribed minimums, including Exemption Nos. 2689, 5745, and 10650. In addition, similar UAS specific relief has been granted in Exemption Nos. 8811, 10808, and 10673 for day time, VFR conditions. The UAS provides battery power rem ai ning in percent to the PI C. TheUA batteries provide approximately 25 minutes of powered flight. Information provided

in the operating documents discusses procedures regarding remaining battery power management. Those documents contain a condition in whi ch the PI C will initiate a landing procedure when battery remaining reaches a specified level. Given the limitations on proposed operations and the location of those proposed operations, The FAA found that a reduced minimum power reserve for flight in day t ime VFR conditions was reasonable. **91.405(a) ;**  **91.407(a)(1) ;**  **91.409 (a)(1) & (2) ;**  **91.417(a) & (b)** As discussed in Exemption 11138 (DOUGLAS TRUDEAU), The petitioner proposes to inspect and ensure that the UAS is in a condition for safe flight in accordance with the operating documents. The FAA found that adherence to the petitioner ’ s operating documents and the conditions and limitations specified, describing the requirements for maintenance, inspection, and recordkeeping, were sufficient to ensure that safet y would not be adversely

affected.

**The UAS** The Blade Chroma 1080P is a highly successful consumer grade small rotorcraft in the quad copter configuration with an advertised weight of less than 44 Ounces (1242g) designed primaril y to carry aloft a high definition camera. It has an advertised maximum speed of less than 30 knots (15m/s) and a maximum climb rate of less than 1200 feet per minute (6 m/s). I t is powered b y four electric motors with a distance between motors of less than 14 inches (350mm). Itutilizes an internal inertial measuring unit ( IMU) with integrated barometric sensor augmented with global positioning sy stem (GPS) to maintain its geospatial orientation and position. I t is controlled primarily through an FCC certified radio control (RC) unit. Real time video and telemetry informatio n is transmitted back to a ground control station allowing the operator and/or PI C to monitor battery level, GPS signal strength, altitude (AGL), distance from PIC, camera imagery , and control camera angle. It has failsafe modes of operation for either los s of RC or GPS signal. Altitude can be limited by the onboard flight controller and maximum altitude can be preprogrammed by the PIC. Battery

life limits flight times to approximately

25 minutes. The onboard flight controller will warn the pilot via teleme try and external lighting cues before reaching a low battery state. An automatic termination of flight and landing will be initiated when the battery reaches a predetermined low state. It is anticipated that flights will usually last less than 12 minutes. More information is available in attachment 1.

**Risk mitigation** The petitioner has reviewed FAA exemptions reference ’ s 1

- 3 Conditions and Limitations section and believes that the procedures specified therein are reasonable and will be utilized in order to manage and mitigate risk and ensure public safet y. A preflight checklist will be developed and emplo yed to ensure that the UA airworthiness will be verified before launch. Airworthiness will be maintained by performance of routine inspections before each flight, maintaining flight and maintenance logs to record time on failure prone components. These documents will be made available to the FAA and SoT to assist in future implementation of safet y standards and regulations. The petitioner will only operate the UAS over designated properties with the clients consent. Flight planswill be predetermined to limit the UASs flight time and limit safet y concerns. The

petitioner will take into account distance from persons and potential flight obstacles prior to ope rating the UAS. UAS operation will alway s be within VLOS of the PIC and the observer.

**Public interest** Use of the UAS in lieu of a manned aircraft would enhance safety and reduce the environmental impact as compared to similar operations conducted with manned aircraft of greater proportions, carrying a crew and flammable fuel. With the ability to easily and
cost effectivel y gain a perspective of complex and possibly high risk environments, fire departments can more effectivel y develop pre

- plans to mitigate an y situations that arise. Moreover, the ability to periodicall y review building roof modifications and loads significantl y improves situational awareness and improves the safety of both firefighters and occupants. Additionally , effective use of this techn ology will allow smaller fire departments to maximize their resources on mitigating actual issues as opposed to wasting precious time getting a “ big picture ” perspective in a real incident. Operations for this petition will enable fire departments to gain an enhanced perspective for characteristics, exposures and hazards associated with a particular propert y that cannot be gained through ground level inspection. Aerial survey ing and inspections can increase planning efficiency , improve resource estimations, and reduce risks to personnel and propert y. The petitioner will provide clients with photographic data for these
purposes on a ‘ for hire ’ basis acting as an independent contractor. A visual observer will be utilized. Flight data including UA flight time, Control Unit operation time, incident, accident, and details concerning an y deviations from normal operations will be available to FAA for use in collecting data regarding the use of UAS as part of this application. This data may

be submitted to FAA via t raditional means or other means as required.

**Conclusion** The petitioner is requesting this exemption for the purposes of “ aerial photography

, cinematograph y, videography , inspections and other flight operations ” . The reason for such a general and broad bas ed request is that the petitioner wishes to provide services to fire departments and other emergency service providers , the public and commerciall y licensed realtors that can only be provided through the quick deplo ym ent and cost effective oper ations provi ded by a UAS.

It is believed that these services will allow clients to significantl y improve their pre

planning and situational awareness which in turn will lead to more efficient mitigation of incidents, thereb y reducing propert y loss and improved the s afet y of both building occupants and emergency services personnel. The petitioner's business model is based on the idea of offering ad hoc small UAS services to clients who wish to employ these services as a safe, effective, and legal option to enhance their operations and businesses

.
By providing this service to multiple clients, the petitioner can ensure adherence to standards and protocols and can develop and refine generally applicable safety

guidelines and processes. The petitioner has refrained from engaging in commercial use of the UAS. The primary

purpose of seeking this exemption is to obtain the capability to offer thoseservices while remaining in compliance. The petitioner has 40 ye ars of experience in the

radio control model aircraft hobby . I n addition , the petitioner has more than 1 5 ye ars of general aviation ASEL experience and holds a current Private Pilot certificate ( 541769182 ). Respectfully

submitted

, Gary D. Rose “Created From Above”