REGARDING THE FAA 333 EXEMPTION PETITION REQUEST FR OM: Above It All – UAS Surveys, LLC

1 United States Department of Transportation Docket Management System West Building Ground Floor Room W12-140 1200 New Jersey Avenue, SE Washington, DC 20590

REGARDING THE PETITION FROM:

Above It All – UAS Surveys, LLC,

FOR AN EXEMPTION SEEKING RELIEF FROM THE REQUIREMEN TS OF TITLE 14 OF THE CODE OF FEDERAL REGULATIONS (14 CFR ) PART 21 SECTIONS 45.23(b), 91.7(a), 91.9(b)(2), 91.103(b), 91.109, 91.119, 91.121, 91.151(a), 91.203(a) and (b), 91.405(a), 91.407(a)(1), 91.409( a)(2), and 91.417(a) and (b).

CONCERNING OPERATION OF SMALL UNMANNED AIRCRAFT SYS TEMS (SUAS)

PURSUANT TO SECTION 333 OF THE

FAA MODERNIZATION AND REFORM ACT OF 2012

Regulatory Docket Number _______________ Submitted Electronically June 9, 2015

Above It All – UAS Surveys, LLC

Thomas E. Dolan Founder & Operations Officer

30 Industrial Drive, Suite 1B Louisa, Virginia 23093REGARDING THE FAA 333 EXEMPTION PETITION REQUEST FR OM: Above It All – UAS Surveys, LLC

2 June 9, 2015

United States Department of Transportation Docket Management System West Building Ground Floor Room W12-140 1200 New Jersey Avenue, SE Washington, DC 20590

Re: Exemption Request under Section 333 of the FAA Reform Act and Part 11 of the Federal Aviation Regulations

Dear Sir or Madam:

Pursuant to Section 333 of the FAA Modernization an d Reform Act of 2012 and 14 CFR Part 11, Above It All – UAS Services, LLC the Appl icant of the DJI Phantom (PHANTOM), DJI Phantom 2 Vision + (PHANTOM 2) and D JI S-1000 (“S-1000”) Small Unmanned Aircraft Systems (“SUAS”) , seeks a n exemption from the Federal Aviation Regulations (“FARs”) discussed later in th is petition.

The requested exemption would allow commercial oper ation of Applicants PHANTOM, PHANTOM 2 and S-1000 SUAS’ of which all weigh under 25 lbs. (based on variable installed sensors) to perform precision aerial surv eys that consist of still, video images and corresponding data taken by onboard cameras and /or sensors. The PHANTOM, PHANTOM 2 and S-1000 SUAS’ takes a series of high q uality, still digital images, video images and or other data that are used to provide i nspection data for evaluation by a client in applications for these SUAS devices and associat ed data processing functions for professional surveying

Use of the PHANTOM, PHANTOM 2 and S-1000 SUAS’ for the aerial missions aforementioned reduces the need to operate conventi onal airplanes or helicopters for the same purpose thus reducing risk to personnel and pr operty on the ground. High quality imagery/data can be provided at a fraction of the c ost of using conventional manned aircraft. The benefits from these savings will be e nhanced efficiency, productivity for the affected activities, as well as reduction in harmfu l environmental emissions and safety risks. Operations under the exemption will be subje ct to strict operating requirements and conditions to ensure at least an equivalent level o f safety to currently authorized operations using manned aircraft and under conditio ns as may be modified by the FAA as required by Section 333.

The PHANTOM, PHANTOM 2 and S-1000 SUAS’ will be ope rated under controlled conditions at low altitude in airspace that is limi ted in scope, as described more fully herein; it will have automated control features, as described below. The PHANTOM, PHANTOM 2 and S-1000 SUAS’ also will be operated an d observed by a individuals who posses an FAA commercial or private pilots lice nse that already understand theREGARDING THE FAA 333 EXEMPTION PETITION REQUEST FR OM: Above It All – UAS Surveys, LLC

3 rigorous requirements of flying manned airplanes an d/or rotorcrafts in the National Airspace System (NAS). Any required manufacturer’s training, certification and/or exam programs for the SUAS if any will also be obtained by the applicant’s SUAS team

members.

Finally, the airspace in which the SUAS’ will opera te will be below 400 feet above ground level, over privately owned, owner authorize d land. Applicant respectfully submits that because these small, unmanned aerial v ehicles, the PHANTOM, PHANTOM 2 and S-1000 SUAS’, will be used in lieu of comparatively hazardous operations now conducted with fixed wing, and rotar y conventional aircraft, the FAA can have confidence that the operations will achieve at least an equivalent level or greater level of safety. Approval of this exemption would t hereby enhance safety and fulfill the Secretary of Transportation’s (the FAA Administrato r’s) responsibilities under Section 333(c) of the Reform Act to establish requirements for the safe operation of such aircraft systems in the NAS.

Above It All – UAS Surveys, LLC

Thomas E. Dolan

Founder & Chief Operations Officer

30 Industrial Drive, Suite 1B Louisa, Virginia 23093Above It All –UAS Surveys, LLC - FAA 333 Exemption Request

i revised 6/9/2015 TABLE OF CONTENTS Page

I GLOSSARY OF ABBREVIATIONS & TERMS 1

II LIST OF ATTACHMENTS 1

III PETITIONERS CONTACT INFORMATION 1

IV REGULATIONS FROM WHICH EXEMTION IS REQUESTED 2

V THE APPLICABLE LEGAL STANDARD UNDER SECTION 333 2

VI DESCRIPTION OF PROPOSED OPERATIONS & SUAS’ 3

VII REGULATIONS FROM WHICH EXEMPTION IS REQUESTED 8

A. Airworthiness Certificates 8

B. Airworthiness Standards: Normal Category Rotorcraft 9

C. Aircraft Marking and Identification Requirements 9

D. Civil Aircraft Flight Manual in the Aircraft 10

E. Civil Aircraft Airworthiness 11

F. Preflight Action 11

G. Flight Instruction 11

H. Minimum Safe Altitudes 12

I. Altimeter Settings 13

J. Fuel Requirements for Flight in VFR Conditions 13

K. Carrying Civil Aircraft Certification and Registrat ion 14

L. Maintenance Inspections 15

VIII PUBLIC INTEREST 15

IX PRIVACY 16

X FEDERAL REGISTAR SUMMARY 16

XI BIOGRAPHICAL BACKGROUND TEAM OF PETITIONERS 18

XII CONCLUSION 21Above It All –UAS Surveys, LLC - FAA 333 Exemption Request

1 Revised 6/9/2015 I GLOSSARY OF ABBREVIATIONS & TERMS

AGL Above Ground Level CFR Code of Federal Regulation

COA Certificate of Authorization

FAA Federal Aviation Administration FAR Federal Aviation Regulation

GCS Ground Control Station NAS National Airspace System

NOT AM Notice to Airman

PIC Pilot in Command

PO Pilot Observer

Reform Act FAA Modernization and Reform Act of 201 2 SUAS Small Unmanned Aircraft Systems

UA Unmanned Aircraft UAS Unmanned Aircraft System VLOS Visual Line of Sight VFR Visual Flight Rules Class E Airspace Controlled airspace around some ai rports from surface that

extends to 700 or 1,200 feet AGL Class G Airspace Class G is completely uncontrolled airspace from surface to

below 60,000 feet

II LIST OF ATTACHMENTS

The following attachments are referenced in the req uest for exemption which follows. These documents provide additional evidence in supp ort of Petitioner’s petition to the

FAA.

Attachment A PHANTOM Operations Procedures Manual Attachment B PHANTOM 2 VISION + Operations Proced ures Manual Attachment C PHANTOM Pilot Training Manual Attachment D S 1000 Operations Procedures Manual

Attachment E PILOT OPERATION & SAFETY GUIDELINES

III PETITIONERS CONTACT INFORMATION

Petitioner: Above It All – UAS Surveys, LLC

Phone: 631-495-2947

Email: Tom.Dolan@aboveitall-uas-services.com or Thomasedolan@gmail.com Address: 30 Industrial Drive, Suite 1B

Louisa, Virginia 23093Above It All –UAS Surveys, LLC - FAA 333 Exemption Request

2 Revised 6/9/2015 IV REGULATIONS FROM WHICH EXEMTION IS REQUESTED

14 CFR Part 21, Subpart H Airworthiness Certificate s & 14 CFR §

14 CFR Part 27: Airworthiness Standards: Normal Cat egory Rotorcraft.

14 CFR § 91.9(c), 45.23(b) and 45.27(a): Aircraft Marking and Identification R equirements 14 CFR § 91.9(b) (2): Civil Aircraft Flight Manual in the Aircraft. 14 CFR § 91.7(a): Civil Aircraft Airworthiness. 14 CFR § 91.103(b): Preflight Action. 14 CFR § 91.109(a): Flight Instruction. 14 CFR § 91.119: Minimum Safe Altitudes. 14 CFR § 91.121: Altimeter Settings. 14 CFR § 91.151(a): Fuel Requirements for Flight in VFR Conditions. 14 CFR § 91.203 (a) & (b): Carrying Civil Aircraft Certification & Registration 14 CFR § 91.405(a); 14 CFR § 91.407(a) (1); 14 CFR § 91.409(a) (2); 14 CFR § 91.417 (a) & (b): Maintenance Inspections

V THE APPLICABLE LEGAL STANDARD UNDER SECTION 333

Developer submits that grant of this exemption appl ication for use of the PHANTOM, PHANTOM 2 VISION + and S-1000 SUAS’ in a wide-range of various low level aerial missions & applications that will advance the Congr essional mandate in Section 333 of the

Reform Act to accelerate the introduction of UAS’s into the NAS if it can be accomplished safely. This law directs the Secretary of Transport ation to consider whether certain UAS’s may operate safely in the NAS before completion of the rulemaking required under Section 332 of the Reform Act. In making this determination , the Secretary is required to determine which types of UAS’s do not create a hazard to user s of the NAS or the public or pose a threat to national security in light of the followi ng:

• The UAS’s size, weight, speed, and operational ca pability;

• Operation of the UAS in close proximity to airpor ts and populated areas; and

• Operation of the UAS within visual line of sight of the operator.

Reform Act § 333(a) (1) If the Secretary determines that such vehicles “may operate safely in the national airspace system, the Secretary shal l establish requirements for the safe operation of such aircraft in the national airspace system.” Id. §333(c)

Petitioner submits that this provision places a dut y on the Administrator to not only process applications for exemptions under Section 333, but for the Administrator, if he deems the conditions proposed herein require modification in order to allow approval, to supply conditions for the safe operation of the UAS. Devel oper welcomes the opportunity toAbove It All –UAS Surveys, LLC - FAA 333 Exemption Request

3 Revised 6/9/2015 consult with FAA staff in order to address any issu es or concerns that this proposal may raise that they believe may require modification.

The Federal Aviation Act expressly grants the FAA t he authority to issue exemptions. This statutory authority, by its terms, includes exempti ng civil aircraft, as the term is defined under §40101 of the Act, from the requirement that all civil aircraft must have a current airworthiness certificate and those regulations req uiring commercial pilots to operate

aircraft in commercial service:

The Administrator may grant an exemption from a req uirement of a regulation prescribed under subsection (a) or (b) of this sect ion or any of sections 4-44702-

44716 of this title if the Administrator finds the exemption is in the public interest.

49 U.S.C. §44701(f) See also 49 USC §44711(a); 49 U SC §44704; 14 CFR §91.203(a) (1)

The grant of the requested exemption is in the publ ic interest based on the clear direction in Section 333 of the Reform Act; the additional autho rity in the Federal Aviation Act, as amended; the strong equivalent level of safety surr ounding the proposed operations; and the significant public benefit, including enhanced safety and cost savings associated with transitioning to UAS’s for aerial applications and use of its associated data processing functions for professional aerial surveying and ins pections. Accordingly, the Petitioner respectfully requests that the FAA grant the reques ted exemption upon review of request.

VI DESCRIPTION OF PROPOSED OPERATIONS & SUAS’

The current PHANTOM, PHANTOM 2 VISION + and S-1000 SUAS’ Manual describes, in detail, the policies and procedures for Petition ers proposed SUAS operations. To assist the FAA in its safety assessment of Petitioners pro posed SUAS operations, below is a summary of operational limitations and conditions w hich will ensure an equivalent or higher level of safety to operations conducted unde r current regulatory guidelines:

1. The SUAS’ will weigh less than 25 lbs. depending on sensor requirements.

2. Flights will be operated within line-of-sight of th e trained PIC and PO.

3. Flights will be terminated at 25% power reserve.

4. Flights will be operated at an altitude of no more than 400 feet AGL.

5. Minimum crew for each operation will consist of the SUAS PIC and PO.

6. The SUAS PIC and PO will both be FAA licensed comme rcial or private pilot.

7. The SUAS pilot will be PIC. The PIC and PO, both be ing FAA pilot certificate holders have the ability to and may take over each others role for safety or any otherAbove It All –UAS Surveys, LLC - FAA 333 Exemption Request

4 Revised 6/9/2015 reason due to both having the same and necessary PI C/PO qualifications & training, which adds to the overall safety of flight operatio ns.

8. The SUAS will only operate within a limited pre-det ermined area.

9. The SUAS onboard computer stabilization controller provides the PIC the ability to

hover the SUAS and move in vertical and horizontal planes independently and simultaneously that affords the PIC to alter predet ermined flight path if any safety issue in flight path arises.

10. The SUAS onboard telemetry affords the PIC to monit or in real time all pertinent SUAS airborne altitude, battery life, GPS system he alth data and parameters on laptop or tablet.

11. If the SUAS loses communications or GPS signal the SUAS will automatically return to its pre-determined safe launching/landing site through its advanced onboard safety feature.

12. A mandatory preflight safety briefing for all SUAS team personnel will be conducted prior to each day's planned SUAS flight m issions.

13. PIC and PO will have the most current training in t he SUAS to be operated along with any pertinent information from the manufacture r, as required in the Manual.

14. PO and PIC will at all times be able to communicate by voice, visual signal, audible signal and/or text.

15. Permission, Written or oral, will be obtained from the necessary property owners or managers prior to any aerial activity.

16. Any and all required permissions and/or permits wil l be obtained from the appropriate state, county, city or jurisdiction age ncies prior to any aerial activity.

17. Petitioner will submit a Certificate of Authorizati on (COA) application for each SUAS as part of the exemption sought by this Petiti onAbove It All –UAS Surveys, LLC - FAA 333 Exemption Request

5 Revised 6/9/2015 Below is an overview of the Petitioners PHANTOM spe cifications. Additional operational information is available in the PHANTOM Operating M anual (Attachment A).

Operating Temperature

- 10°C ~ 50°C

Take

- off Weight <1000g

Hovering Accuracy Vertical : ± 0.8m ; Horizontal : ± 2.5m

Max Yaw Angular Velocity 200°/s

Max Tilt Angle 45°

Max Ascent / Descent Speed ±6m/s

Max Flight Velocity 10m/s

Diagonal distance (motor center to center) 350mm

Working Current /Voltage 52 mA@6VAbove It All –UAS Surveys, LLC - FAA 333 Exemption Request

6 Revised 6/9/2015 Below is an overview of the Petitioners PHANTOM 2 V ISION + specifications. Additional operational information is available in the PHANTOM 2 VISION + Operating Manual (Attachment B).

PHANTOM 2 Vision + +

Battery 5200mAh LiPo

PHANTOM 2 VISION + + Weight 1160g

Hover Accuracy (Ready to Fly) Vertical:± 0.8m;Horizontal:± 2.5m

Max Yaw Angular Velocity 200°/s

Max Tilt Angle 35°

Max Ascent / Descent Speed 6m/s

Max Flight Speed 15m/s(Not Recommended)

Diagonal Length 350mm

Tilting Range of Gimbal 0°-60°Above It All –UAS Surveys, LLC - FAA 333 Exemption Request

7 Revised 6/9/2015 Below is an overview of the Petitioners S-1000 SUAS specifications. Additional operational information is available in the S-1000 Operating Manual (Attachment D).



### Frame Diagonal Wheelbase: 1045mm
Frame Arm Length: 386mm
Frame Arm Weight: (Including Motor, ESC, Propeller) 325g

Center Frame Diameter: 337.5mm
Center Frame Weight (With Landing Gear Mounting Base, Servo s)

1330g Landing Gear Size: 460mm (Length) ×511mm (Width) ×305mm (Height), (Top width: 155 mm)



### Motor Stator Size: 41×14mm

KV: 400rpm/V

Max Power: 400W Weight (With Cooling Fan): 158g



### ESC Working Current: 40A
Working Voltage: 6S LiPo
Signal Frequency: 30Hz ~ 450Hz
Drive PWM Frequency: 8 KHz Weight (With Radiators): 35g



### Foldable Propeller

(1552/1552R) Material: High strength performance engineered plastics

Size: 15×5.2inch Weight: 13g



### Flight Parameters Takeoff Weight: 6.0Kg ~ 11.0Kg
Total Weight: 4.2Kg
Power Battery: LiPo (6S

、 10000mAh~20000mAh

、 15C (Min))
Max Power Consumption: 4000W
Hover Power Consumption : 1400W (@9.5Kg Takeoff Weight)

Hover Time: 15min (@14000mAh & 9.5Kg Takeoff Weight) Working Environment Temperature: -10 °C ~ +40 °CAbove It All –UAS Surveys, LLC - FAA 333 Exemption Request

8 Revised 6/9/2015 VII REGULATIONS FROM WHICH EXEMPTION IS REQUESTED

The Federal Aviation Act expressly grants the FAA t he authority to issue exemptions. By its terms, this statutory authority includes exe mpting civil aircraft, as the term is defined under §40101 of the Act, including SUASs, from its safety regulations and minimum standards when the Administrator decides a requeste d exemption is in the public interest.

Petitioner seeks an exemption from several interrel ated provisions of 14 CFR Parts 21, 45 and 91 for purposes of conducting aerial mission s & applications with associated data processing functions for professional aerial survey ing and inspections using SUAS which

are listed below are:

(1) The specific sections of 14 CFR for which exemp tion is sought; and (2) The operating procedures and safeguards that Pe titioner has established which will ensure a level of safety equal to or better th an the rules from which exemption is sought.

A. 14 CFR Part 21, Subpart H Airworthiness Certific ates & 14 CFR § 91.203(a) (1).

This petition seeks an exemption from 14 CFR Part 2 1, Subpart H, which establishes the procedural requirements for the issuance of airwort hiness certificates as required by 14 CFR §91.203(a)(1). Given the size and limited opera ting area associated with the SUAS to be utilized by the Petitioner, an exemption from Pa rt 21 Subpart H meets the requirements of an equivalent level of safety under Part 11 and Section 333 of the Reform Act.

The Federal Aviation Act (49 U.S.C. § 44701(f)) and Section 333 of the Reform Act both authorize the FAA to exempt aircraft from the requi rement for an airworthiness certificate, upon consideration of the size, weight, speed, oper ational capability, and proximity to airports and populated areas of the particular UAS.

In all cases, an analysis of these criteria demonst rates that the SUAS operated without an airworthiness certificate, in the restricted enviro nment and under the conditions proposed will be at least as safe, or safer, than a conventi onal rotorcraft operating with an

airworthiness certificate without the restrictions and conditions of the proposed SUAS operations.

Equivalent Level of Safety

The SUAS to be operated hereunder is less than 25 l bs. fully loaded, carries no pilot, No passenger, no explosive materials, and operates exclusively within a secured predetermined area. Unlike other civil aircraft, the p roposed operations in this petition for exemption will be controlled and monitored by the P etitioner with advance notice to the FAA of all operations that will be conducted under this exemption.

These safety enhancements, which already apply to c ivil aircraft operated in connectionAbove It All –UAS Surveys, LLC - FAA 333 Exemption Request

9 Revised 6/9/2015 with existing inspection operations, provide a grea ter degree of safety to the public and property owners than conventional operations conduc ted with airworthiness certificates issued under 14 CFR Part 21, Subpart H. Lastly, app lication of these same criteria

demonstrates that there is no credible threat to na tional security posed by the SUAS, due to its size, speed of operation, location of operation , lack of explosive materials, and inability to carry a substantial external load.

B. 14 CFR Part 27: Airworthiness Standards: Normal Category Rotorcraft.

14 CFR Part 27 sets forth the procedural requiremen ts for airworthiness certification of normal category rotorcraft. To the extent the Petit ioner's SUASs would otherwise require certification under Part 27, as a rotorcraft, Petit ioner requests an exemption from Part 27’s

airworthiness standards for the same reasons identi fied in the exemption request from 14 CFR Part 21, Subpart H.

C. Aircraft Marking and Identification Requirements : 14 CFR §§ 91.9(c), 45.23(b) and 45.27(a).

This petition seeks an exemption from the aircraft marking and identification requirements of 14 CFR §§ 91.9(c), 45.23(b) and 45.27(a).

14 CFR § 91.9(c), Civil aircraft flight manual, mar king, and placard requirements, provides that:

No person may operate a U.S.-registered civil aircr aft unless that aircraft is identified in accordance with part 45 of this chapter.

14 CFR § 45.23(b), Markings of the Aircraft, states :

When marks include only the Roman capital letter "N " and the registration number is displayed on limited, restricted or light-sport cat egory aircraft or experimental or provisionally certificated aircraft, the operator m ust also display on that aircraft near each entrance to the cabin, cockpit, or pilot station, i n letters not less than 2 inches nor more than 6 inches high, the words "limited," "restricted," " light-sport," "experimental," or "provisional," as applicable

14 CFR § 45.27(a), Rotorcraft, states:

Each operator of a rotorcraft must display on that rotorcraft horizontally on both surfaces of the cabin, fuselage, boom, or tail the marks requir ed by §45.23.

Exemption from § 45.23(b) is warranted because the SUAS has no entrance to the cabin, cockpit or pilot station, on which the word "Experi mental" can be placed. Moreover, given the size of the SUAS, two-inch lettering would be i mpossible. The word "Experimental" will be placed on the fuselage in compliance with § 45.29(f).Above It All –UAS Surveys, LLC - FAA 333 Exemption Request

10 Revised 6/9/2015 Given the nature of the specific relief sought by t his exemption request, Petitioner requires relief from the associated marking and identificati on requirements of § 45.27(a) and § 91.9(c), which would require compliance with § 45.2 3(b).

Equivalent Level of Safety

An equivalent level of safety for exemptions to the aircraft marking and identification requirements of §§ 91.9(c), 45.23(b) and 45.27(a), will be provided by having the SUAS marked on its fuselage as required by §45.29(f) whe re the PIC, PO, and others working

with the SUAS will see the identification of the UA S as "Experimental." Additionally, Petitioner will ensure compliance with any requests of SUAS marking by the FAA.

The FAA has issued the following exemptions to the aircraft marking requirements of § 45.23(b): Exemptions Nos. 10700, 8738, 10167 and 10 167A.

D. 14 CFR § 91.9(b) (2): Civil Aircraft Flight Manu al in the Aircraft.

This petition seeks an exemption from the flight ma nual requirements of 14 CFR § 91.9(b) (2), which states:

(b) No person may operate a U.S.-registered civil a ircraft

(2) For which an Airplane or Rotorcraft Flight Manu al is not required by §21.5 of this chapter, unless there is available in the airc raft a current approved airplane or Rotorcraft Flight Manual, approved manual material, markings, and placards, or any combination thereof.

Given its size, configuration, and load capacity, t he SUAS has no ability to carry such a manual on the craft. There is no need to carry this item on the SUAS, since there is no pilot on board, no room, no capacity or need.

Equivalent Level of Safety

The safety related purpose of this manual requireme nt can be equally satisfied by having the SUAS flight manual at the ground control point where the pilot flying the SUAS will have immediate access to it. Accordingly, Peti tioner requests an exemption from § 91.9(b) (2)'s flight manual requirements, on the co ndition that the SUAS flight manual be available at the control point during each operatio n.

The FAA has issued the following exemptions to this regulation: Exemption Nos. 8607, 8737, 8738, 9299, 9299A, 9565, 9565B, 10167, 10167A , 10602, 32827, and 10700Above It All –UAS Surveys, LLC - FAA 333 Exemption Request

11 Revised 6/9/2015 E. 14 CFR § 91.7(a): Civil Aircraft Airworthiness.

This petition seeks an exemption from 14 CFR § 91.7 (a), which requires that a civil aircraft be in an airworthy condition to be operated. Since there is currently no airworthiness certificate issued for the SUAS, no FAA regulatory standard will exist for determining

airworthiness.

Equivalent Level of Safety

Petitioner PICs have hundreds flight hours in SUAS flying operations with an excellent safety record. Furthermore, given the size of the S UAS and the requirements contained in the Manual for maintenance and use of safety checkl ists prior to each flight, an equivalent level of safety will be provided.

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

F. 14 CFR § 91.103(b): Preflight Action

This petition seeks an exemption from m § 91.103, w hich requires a PIC to become familiar with specific information before each flig ht, including information contained in the FAA approved Flight Manual on board the aircraft. Inasmuch as an FAA approved flight manual will not be provided for the SUAS, an exempt ion will be needed.

Equivalent Level of Safety

An equivalent level of safety will be provided by f ollowing the SUAS Operations Manual comprehensive preflight checklist. The PIC will att ain all information and actions, including reviewing weather, flight battery require ments, landing and takeoff distances, and aircraft performance data, a briefing to the PO alo ng with all others involved in the aerial activities before beginning any flight operation.

G. 14 CFR § 91.109(a): Flight Instruction.

This petition seeks an exemption from 14 CFR § 91.1 09(a), which 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 function ing dual controls.” SUAS’ and remotely piloted aircraft, by their design do not have fully functional dual pilot controls. Instead, flight control is accomplished through the use of a control box or ground station that communicates with the SUAS via radio frequency comm unications.Above It All –UAS Surveys, LLC - FAA 333 Exemption Request

12 Revised 6/9/2015 Equivalent Level of Safety

Given the size and speed of the SUAS, an equivalent level of safe training can still be performed without dual controls because no pilot or passengers are aboard the SUAS, and all persons will be a safe distance away should the SUAS experience any difficulties during flight instruction.

The FAA has approved exemptions for flight training without fully functional dual controls for a number of aircraft and for flight instruction in experimental aircraft. See Exemption

Nos. 5778K & 9862A.

H. 14 CFR § 91.119: Minimum Safe Altitudes.

This petition seeks an exemption from the minimum s afe altitude requirements of 14 CFR § 91.119. Section 91.119 prescribes the minimum saf e altitudes under which aircraft may not operate, including 400 feet above the surface a nd away from any person, vessel, vehicle, or structure in non-congested areas. See 1 4 CFR § 91.119(c). Section § 91.119(d) (1) allows for a helicopter to operate at less than those minimum altitudes when it can be operated “without hazard to persons or property on the surface,” provided that “each person operating the helicopter complies with any routes o r altitudes specifically prescribed for helicopters by the FAA

To provide the intended inspections, the SUAS will normally need to be operated within a range of approximately 100 feet from the structure or item to be inspected. Accordingly, due to the nature of the proposed operations, the P IC and the PO may at times be less than 400 feet away from structures during the operation, and an exemption is therefore required.

Equivalent Level of Safety

An equivalent level of safety will be achieved give n the size, weight, speed of the UAS as well as the location where it is operated. Operatio ns with rotorcraft weighting far more than the maximum 25 lbs. proposed SUAS, along with the l ack of flammable fuel, any risk associated with these operations are far less than those of conventional aircraft. As set forth in the Manual, the SUAS will be operated in a posit ively controlled area, where buildings and people will not be exposed to operations withou t their authorized consent. No flight will be taken without the permission of the propert y owner or manager and/or local officials. Because of the advance notice to the pro perty owner and participants, all affected individuals will be aware of the planned flight ope rations as set forth in the Manual. Furthermore, by operating at such lower altitudes, the SUAS will not interfere with other aircraft that are subject to the minimum safe altit ude regulations.Above It All –UAS Surveys, LLC - FAA 333 Exemption Request

13 Revised 6/9/2015 I. 14 CFR § 91.121 Altimeter Settings

This petition seeks an exemption from 14 CFR § 91.1 21, which requires a person operating an aircraft to maintain cruising altitude or flight level by reference to an altimeter that is set to the elevation of the departure airpo rt or barometric pressure. An exemption is required because the SUAS does not have a barometri c altimeter, but rather a GPS altitude

read out.

Equivalent Level of Safety

An equivalent level of safety will be achieved by f ollowing the procedures set forth in the PHANTOM, PHANTOM 2 VISION + and S-1000 SUAS’ Manual . As prescribed in the Manual, the operator will confirm the altitude of t he launch site shown on the GPS altitude indicator before flight. Moreover, the PIC will use the GPS altitude indicator to constantly monitor the SUAS’s height, thus ensuring operation at safe altitudes.

J. 14 CFR § 91.151(a): Fuel Requirements for Flight in V FR Conditions

This petition seeks an exemption from 14 CFR § 91.1 51(a)'s fuel requirements for flight in

VFR conditions. Section 91.151 states:

(a) No person may begin a flight in an airplane und er VFR conditions unless (considering wind and forecast weather conditions) there is enough fuel to fly to the first point of intended landing and, assuming norma l cruising speed:

(1) During the day, to fly after that for at least 30 minutes; or

(2) At night, to fly after that for at least 45 min utes.

The battery supplying electric powering source for the SUAS provides approximately 20 to 30 minutes of powered flight. An exemption from the 30 minute reserve requirement in 14 CFR §91.151 is therefore required.

Equivalent Level of Safety

An equivalent level of safety can be achieved by li miting flights to 25% of battery power, whichever happens first. This restriction would be more than adequate to return the SUAS to its planned landing zone from anywhere within it s limited operating area. Operation of

the SUAS with less than 30 minutes of reserve fuel does not engender the type of risks that Section 91.151(a) was intended to alleviate given t he size and speed of the small UAS. Additionally, we are not planning or proposing to f ly SUAS at night.

Operation of SUAS will be limited to predetermined and controlled areas where only people and property owners, or official representat ives who have signed waivers will be

allowed.Above It All –UAS Surveys, LLC - FAA 333 Exemption Request

14 Revised 6/9/2015 This request for exemption falls within the scope o f prior exemptions. See e.g. Exemption 10673 (allowing Lockheed Martin Corporation to oper ate without compliance with § 91.151 (a)); see also Exemptions 2689F, 5745, 10673 , and 10808.

K. 14 CFR § 91.203 (a) & (b): Carrying Civil Aircra ft Certification and Registration

This petition seeks an exemption from civil aircraf t certification and registration requirements of 14 CFR § 91.203 (a) and (b). The re gulation provides in pertinent part:

(a) Except as provided in §91.715, no person may op erate a civil aircraft unless it has within it the following:

(1) An appropriate and current airworthiness certif icate

(b) No person may operate a civil aircraft unless t he airworthiness certificate required by paragraph (a) of this section or a spec ial flight authorization issued under §91.715 is displayed at the cabin or cockpit entrance so that it is legible to the passengers or crew.

Petitioner is seeking an exemption from the airwort hiness certificate requirements, an exemption to this regulation is necessary because:

1 No such certificate is available to be issued for a irworthiness of a SUAS:

2 SUAS load capacity and size does not allow it to ca rry certification and registration documents and it is impractical to display such doc umentation on the SUAS;

3 SUAS does not have a cabin or cockpit entrance at w hich the documents could be displayed; and

4 There are no passengers or crew for whom the certif icates need be displayed.

Equivalent Level of Safety

To the extent these regulations are applicable to t he proposed SUAS operations, an equivalent level of safety will be achieved by keep ing these documents at the ground control point or station where the pilot flying the SUAS will have immediate access to

them.

The FAA has issued numerous exemptions to this regu lation. A representative sample of other exceptions which includes Exemption Nos. 9565 , 9665, 9789, 9789A, 9797, 9797A, 9816A, and 10700Above It All –UAS Surveys, LLC - FAA 333 Exemption Request

15 Revised 6/9/2015 L. 14 CFR §§ 91.405(a); 91.407(a) (1); 91.409(a) (2 ); 91.417 (a) & (b): Maintenance Inspections

Petitioner seeks an exemption from the maintenance inspection requirements of 14 CFR §§ 91.405(a); 91.407(a) (1); 91.409(a) (2); 91. 417 (a) & (b). These regulations specify maintenance and inspection standards in reference t o 14 CFR Part 43. See, e.g., 14 CFR § 91.405(a) (stating that each owner or operator of a n aircraft “shall have that aircraft inspected as prescribed in subpart E of this part a nd shall between required inspections . . . have discrepancies repaired as prescribed in part 4 3 of this chapter”). An exemption of these regulations is needed because Part 43 and the se sections apply only to aircraft with an airworthiness certificate, as such the SUAS does no t have or is required to have at this

time.

Equivalent Level of Safety

An equivalent level of safety will be achieved sinc e maintenance and inspections will be performed in accordance with the PHANTOM, PHANTO M 2 VISION + and S-1000 SUAS’ Manuals. As provided in the Manual, the PIC w ill ensure that the SUAS is in proper working order prior to initiating flight, pe rform routine or required maintenance, and maintain a log of any maintenance performed. Th e PIC is the most familiar with the

craft and best suited to maintain the SUAS in an ai rworthy condition to provide the equivalent level of safety.

If mechanical issues arise, the SUAS can land immed iately no higher than 400 feet AGL at the most. The SUAS’ small size, carrying capacity, and the fact that flight operations will only take place in restricted areas for periods of time not to exceed 25 minutes or until 25% battery power remains, create less risk than the sa me factors associated with conventional fixed-wing airplane and rotorcraft performing the s ame operation.

VIII PUBLIC INTEREST

Consistent with the requirements of 14 CFR §11.81(d ), Petitioner offers the following reasons why granting this petition for exemption is in the public interest, i.e., how granting it would benefit the public as a whole.

Approval of exemptions allowing commercial operatio ns of small and lightweight SUAS’ in aerial services industry benefits the public as a whole in the following ways:

• It helps fulfill Congress' goal in passing Section 333(a) through (c) of the Reform Act, namely, the FAA Administrator's assessment of whether certain UAS may operate safely in the National Airspace System befo re completion of the rulemaking required under Section 332 of the Reform Act.

• The operation significantly improves safety and red uces risk by alleviating human exposure to danger associated with current aerial m ission methods, namely, full size helicopters. Manned helicopters performing various low level inspections andAbove It All –UAS Surveys, LLC - FAA 333 Exemption Request

16 Revised 6/9/2015 patrols have experienced an exceedingly high number of accidents and fatalities. The public's interest is furthered by reducing huma n exposure to death or serious injury associated with manned aircraft performing v arious low level inspections and patrols.

• Petitioner's SUAS’ are battery powered and create n o emissions and are quite quiet. If Petitioner's SUAS crashes, there is no fuel to i gnite and explode. Any impact of Petitioner's lightweight SUAS’ is obviously, far le ss than a full size helicopter. The public's interest is furthered by minimizing human exposure to death or serious injury from an accident and ecological impact of by reducing to potentially harmful emissions and noise pollution associated with manne d aircraft.

• Problems with safety, cost, statistical integrity, and logistics continue to impede low

level aerial missions conducted from conventional m anned aircraft. The uses of SUAS’ address these problems, thus proving to be a powerful tool for performing a wide-range of various low level aerial missions & a pplications with associated data processing functions for professional surveying and inspections are valuable and safe tools for these low level missions. The public as a whole will benefit from the safer and more cost-effective utility aerial servic es that SUAS operations provide.

• There is also a financial benefit to the public. Cu rrent methods of capturing aerial surveying imagery is expensive, which proves to be cost-prohibitive for many individuals and organizations. Granting exemptions such as the one proposed by

Petitioner will make such services affordable to a wider group of prospective

customers.

IX PRIVACY

All flights will occur over Petitioner's property o r the customer's property and adjacent property owners if necessary with the customer's or adjacent property owner’s prior consent and knowledge.

X FEDERAL REGISTAR SUMMARY

Pursuant to 14 CFR Part 11, the following summary i s provided for publication in the FEDERAL REGISTER, should it be determined that publ ication is needed:

Petitioner seeks an exemption from the following ru les:

14 CFR Part 21, Subpart H; 14 CFR Part 27; 14 CFR 45.23(b); 14 CFR 91.7(a); 14 CFR 91.9(b) (2); 14 CFR 91.103; 14 CFR 91.109(a); 14 CFR 91.119; 14 CFR 91.121; 14 CFR 91.151(a); 14 CFR 91.203 (a) & (b); 14 CFR 91.405(a); 14 CFR 91.407(a) (1); 14 CFR 91.409(a) (2); 14 CFR 91.417 (a) & (b)Above It All –UAS Surveys, LLC - FAA 333 Exemption Request

17 Revised 6/9/2015 Approval of exemptions will allow commercial operat ions of small and lightweight SUAS in the wide-range of various low level aerial missions & applications industry will enhance safety by reducing risk. Conventional opera tions in this industry using manned operations, rotorcraft or fixed-wing aircraft prese nt the risks associated with vehicles that weigh in the neighborhood of several thousand pound s and carrying large amounts of fuel. Such aircraft must fly to and from the locati on and operate at low altitudes.

In contrast, a SUAS weighing fewer than 25 lbs. and powered by batteries eliminates virtually all of that risk, given the reduced mass and lack of combustible fuel carried on board. The SUAS is transported, not flown, to the d esignated area and set up. The SUAS carries no passengers or crew and, therefore, does not expose them to the risks associated with manned aircraft flights.

The operation of small SUAS’ weighting less than 25 lbs. provides an equivalent level of safety and thus supports the grant of the exemption s requested herein, including exempting the Petitioner from the requirements of P art 21 and allowing commercial operations. These lightweight SUAS’ operate at slow speeds, close to the ground, and in a sterile environment. As a result, they are far sa fer than conventional aerial mission operations conducted with fixed-wing aircraft or he licopters.

XI Biographical Background of the Above It All - U AS Team

Above It All - UAS Surveys, LLC (AIA-UAS) a small L imited Liability Company registered in the State of Virginia. The company’s mission is to provide innovative myriad of aerial survey and inspection mission solu tions that inspire and advance the

efforts of its clients and affiliates.

Mr. Dolan - Founder & Chief Executive Officer, Char les Ciuzio – Chief Operations

Officer and Scott Leiffer – Chief Technical Officer , have teamed up to positively advance the UAS industry in the aerial survey market.

We have and continue to strive with our expertise i n cutting edge aviation and surveying in the mid-Atlantic region in compliance with all g overnment laws and regulations, thus assuring the highest standards of safety and qualit y. The team will be collaborating with and or being advised by the Mid-Atlantic Aviation P artnership at Blacksburg, Virginia, to best meet these goals.

Team Members Bios:

Tom Dolan – Founder & Chief Executive Officer Mr. Dolan is a commercial instrument rated pilot in helicopters, single and multi-engine airplanes with 2,000 hours of flight, a Safety Offi cer for a local flying club and flying service. He was a pilot for a scheduled helicopter airline around Manhattan New York after graduating from Embry-Riddle Aeronautical Uni versity in 1982.Above It All –UAS Surveys, LLC - FAA 333 Exemption Request

18 Revised 6/9/2015 In 1988 he began his career as a Police Officer for the Nassau County Police Department (NCPD) on Long Island, New York being assigned to t he Marine-Aviation Bureau where he either piloted Bell Jet Ranger helicopters or po lice boats on patrol missions, on, over or around Nassau County its waterways, the gateway to the port of New York. During police career he was assigned to rescue operations at Ground Zero on 9-11-2001 World Trade Center Terrorist Attack, the downing of TWA's 747 Flight 800 disaster in March 1997, and the downing of the Avianca B-707 Flight 0 52 Disaster in January 1991. He received the 5th Precincts "Top Cop Award" also the “Department of Transportations

9-11 Medal”.

While still working as a Police Officer soon after the World Trade Center and Pentagon Terrorist attacks, Mr. Dolan realized there was a l arge void in maritime security, so he assembled a team to solve this dilemma, founding Ho meland Security Aviation & Maritime Services, Inc. (HSA), a technical support company dedicated to providing expert system support solutions to measure radiatio n signatures to government customers

in the area of aerial & vessel-borne radiation dete ction systems and field operations.

Mr. Dolan’s HSA gained support and assistance for c ollaborative purposes from Brookhaven National Laboratory, Domestic Nuclear De tection Office, New York State Foundation for Science & Technology (NYSTAR) and Ho meland Security Chairman Congressman – Peter King. The program was being pic ked up by the National Nuclear Security Agency (NNSA) Administrator - Thomas Dagas tino to perform a study with Department of Homeland Security (DHS) and Departmen t of Energy (DoE) only to come to an abrupt halt when new administration cut fundi ng for all new NNSA projects.

With over 26 years with NCPD Mr. Dolan retired in 2 012 and moved with his family to central Virginia where he has worked closely with s everal law enforcement agencies on the use of UAS’s. Invited by Chief Sellers of Albem arle County Police Department (ACPD), Tom demonstrated the usefulness of UAS’ bef ore citizen members of the County’s Crime Prevention Council. Sellers was inst rumental in developing Virginia’s “Model Policy” on the use of UAS in law enforcement agencies for the Legislature, Department of Criminal Justice Services & the Offic e of the Attorney General it the state of Virginia. Those leery of the technology soon acc epted the technology finding pros outweighed the cons as long as the “Model” guidelin es” were adhered to.

October 2 nd 2013, Mr. Dolan successfully orchestrated the use of a high technology UAS from Virginia Tech’s Mid-Atlantic Aviation Partners hip (MAAP) in assisting in the close to month long exhaustive search effort, led by Chie f Sellers, for a missing University of Virginia student, Hannah Graham. The use of this te chnology was welcomed by the Charlottesville community which marked the first ti me in Virginia history that a UAS was used by law enforcement, with the Federal Aviat ion Administrations approval.Above It All –UAS Surveys, LLC - FAA 333 Exemption Request

19 Revised 6/9/2015 Charles Cuzio – Chief Flight Operations Officer Charles Ciuzio has extensive military and civilian manned and unmanned aviation experience. He is a 21 year retired U.S. Air Force Lieutenant Colonel with over 6400 flight hours in transport category aircraft includi ng the C-141, C-17 and C-21 aircraft.

Chuck served as Instructor and Evaluator pilot in t he C-17 performing worldwide missions in support of national objectives. He als o held positions in squadron training and standardization departments and as Squadron Ope rations officer.

He is a graduate of the U.S. Air Force, Air Comman d and Staff College; U.S. Army, Command and General Staff College and the U.S. Air Force, Air War College.

After retiring from the Air Force he spent 5 years working with the ScanEagle UAS system built by Insitu, Inc. (A Boeing Company). T he ScanEagle is a 45lb. small UAS with line of sight range of 60 miles and endurance of 18-24 hours. The ScanEagle has the ability to carry different payloads including a variety of cameras and sensors. Chuck’s ScanEagle experience includes 3 years deplo yed to Iraq and Afghanistan as an operator, maintainer and site lead in support of Do D customers.

Chuck has an extensive educational background. He is a 1987 graduate of the U.S. Air Force Academy and holds a master’s degree in Aviati on Science and Technology from Embry-Riddle Aeronautical University. He is curren tly enrolled in an MBA program at Washington State University. Chuck is also a certi fied Program Management

Professional and has taken all of the coursework fo r a Villanova University Six Sigma Black Belt. Chuck is currently a pilot for Netjets Aviation, Inc where he is a First Officer

on the Dassault Falcon 2000.

Scott Leiffer – Chief Survey Technical Officer Scott Leiffer has been working in the Land Surveyin g field since 1994. His first surveying job was the Boundary Re-trace and Line Ma rking of several miles of U.S. Forest Service Boundary in Alleghany County, Virgin ia. Scott began work at Bell Surveys, Inc. in 2000, where he worked his way up f rom Party Chief of a field crew to Project Manager to Licensed Land Surveyor in 2007. Scott left Bell Surveys, Inc. in 2010 due to Bell Surveys, Inc. financial difficulties. A fter working other jobs to get back in the black personally, Scott started Alpha Land Surveys LLC in 2011. In the summer of 2013, Scott purchased the assets of Gregory D. Hosaflook, P.C. when Mr. Hosaflook retired after 30 years in business. In April of 2014, Scott purchased the assets of Bell Surveys, Inc. when his previous employers decided to retire. In July of 2014, Scott purchased the assets of Louisa Aerial Surveys from James H. Bell, Jr., the original owner of Bell Surveys, Inc. Mr. Bell at 84 years of age is can st ill be seen at the office as a mentor.

With the conglomeration of companies, Scott changed the company name to Bell Land Surveys LLC in honor of the founder, James H. Bell, Jr., who started his journey in 1963. Bell Land Surveys LLC is a privately owned company with over 50 years of surveyingAbove It All –UAS Surveys, LLC - FAA 333 Exemption Request

20 Revised 6/9/2015 experience. We are able to provide clients a wide r ange of specialty services including but not limited to: Land Planning and Design, Site Surveys, Construction Staking, Aerial Mapping, Topographic Maps, Orthophotos, Volumetric Calculations and Project Management. Mr. Leiffer has since partnered with Ab ove It All – UAS Services, LLC to bring the company into the 21 st Century by utilizing cost effective Unmanned Aeria l Systems to pass along the cost savings of these UAS ’ to his clients.

Our clientele range from private land owners to cor porate developers to Engineers & Landscape Architects. We provide services for clien ts involved in state, county and federal projects as well as development companies, investment groups, and non-profit organizations. Bell Land Surveys is currently worki ng on a Siteplan for Virginia Vermiculite, a mine based in Louisa, to open a new pit. We have also mapped the Nestle/Purina Cat Litter Plant in Ashland, VA 3 tim es per year for many years. We also map several landfills in Virginia for Santek Enviro nmental 2-3 times per year.

Bio Summary:

The Petitioner’s team is committed to positively ad vancing the UAS Survey and Inspection industry on multiple platforms and ones emerging in the future. We are experienced business and scientific professionals d eeply rooted in aviation looking to meet this emerging market needs. We have and contin ue to strive with our expertise in cutting edge aviation and surveying to integrate UA S use across our Mid-Atlantic Region in compliance with all government laws and regulati ons, thus assuring the highest standards of safety and quality.Above It All –UAS Surveys, LLC - FAA 333 Exemption Request

21 Revised 6/9/2015 XII CONCLUSION

Satisfaction of the criteria provided in Section 33 3 of the Reform Act of 2012 - size, weight, speed, operating capabilities, proximity to airports and populated areas, use of FAA Certified Pilots for both PIC & PO along with o peration within visual line of sight and national security provides more than adequate j ustification for the grant of the requested exemptions allowing commercial operation of Petitioner SUAS in the aerial survey and inspection industry in accordance with t he available Manual

If additional information is required, or if you ha ve any questions regarding this Petition for Exemption, please contact the undersigned at:

Sincerely,

Thomas E. Dolan

Founder & Chief Operations Officer - Above It All – UAS Surveys, LLC

30 Industrial Drive, Suite 1B Louisa, Virginia 23093

Bus. Phone: 434-374-1866

Cell Phone: 631-495-2947

Email: Tom.Dolan@aboveitall-uas-services.com or thomasedolan@gmail.com