REGARDING THE FAA 333 EXEMPTION PETITION REQUEST FROM: 

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 REQUIREMENTS 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 SYSTEMS 

(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 23093 
REGARDING THE FAA 333 EXEMPTION PETITION REQUEST FROM: 

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 and Reform Act of 2012 and 14 CFR 

Part 11, Above It All – UAS Services, LLC the Applicant of the DJI Phantom 

(PHANTOM), DJI Phantom 2 Vision + (PHANTOM 2) and DJI S-1000 (“S-1000”) 

Small Unmanned Aircraft Systems (“SUAS”) , seeks an exemption from the Federal 

Aviation Regulations (“FARs”) discussed later in this petition. 

The requested exemption would allow commercial operation 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 surveys 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 quality, still digital images, video 

images and or other data that are used to provide inspection data for evaluation by a client 

in applications for these SUAS devices and associated 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 conventional airplanes or helicopters for the 

same purpose thus reducing risk to personnel and property on the ground. High quality 

imagery/data can be provided at a fraction of the cost of using conventional manned 

aircraft. The benefits from these savings will be enhanced efficiency, productivity for the 

affected activities, as well as reduction in harmful environmental emissions and safety 

risks. Operations under the exemption will be subject to strict operating requirements and 

conditions to ensure at least an equivalent level of safety to currently authorized 

operations using manned aircraft and under conditions as may be modified by the FAA as 

required by Section 333. 

The PHANTOM, PHANTOM 2 and S-1000 SUAS’ will be operated under controlled 

conditions at low altitude in airspace that is limited 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 and observed by a individuals 

who posses an FAA commercial or private pilots license that already understand the 
REGARDING THE FAA 333 EXEMPTION PETITION REQUEST FROM: 

Above It All – UAS Surveys, LLC 

3 

rigorous requirements of flying manned airplanes and/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 operate will be below 400 feet above 

ground level, over privately owned, owner authorized land. Applicant respectfully 

submits that because these small, unmanned aerial vehicles, the PHANTOM, 

PHANTOM 2 and S-1000 SUAS’, will be used in lieu of comparatively hazardous 

operations now conducted with fixed wing, and rotary 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 thereby enhance safety and fulfill the 

Secretary of Transportation’s (the FAA Administrator’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 23093 
Above 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 Registration 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 21 
Above 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 2012 

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 airports 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 request for exemption which follows. 

These documents provide additional evidence in support of Petitioner’s petition to the 

FAA. 

Attachment A PHANTOM Operations Procedures Manual

Attachment B PHANTOM 2 VISION + Operations Procedures 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 23093 
Above 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 Certificates & 14 CFR § 

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

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

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 application 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 Congressional 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 Transportation 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 users of the NAS or the public or pose a 

threat to national security in light of the following: 

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

• Operation of the UAS in close proximity to airports 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 shall establish requirements for the safe 

operation of such aircraft in the national airspace system.” Id. §333(c) 

Petitioner submits that this provision places a duty 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. Developer welcomes the opportunity to 
Above It All –UAS Surveys, LLC - FAA 333 Exemption Request 

 3 Revised 6/9/2015 

consult with FAA staff in order to address any issues or concerns that this proposal may 

raise that they believe may require modification. 

The Federal Aviation Act expressly grants the FAA the authority to issue exemptions. This 

statutory authority, by its terms, includes exempting 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 requiring commercial pilots to operate 

aircraft in commercial service: 

The Administrator may grant an exemption from a requirement of a regulation 

prescribed under subsection (a) or (b) of this section 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 USC §44704; 14 CFR §91.203(a) (1) 

The grant of the requested exemption is in the public interest based on the clear direction in 

Section 333 of the Reform Act; the additional authority in the Federal Aviation Act, as 

amended; the strong equivalent level of safety surrounding 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 inspections. Accordingly, the Petitioner 

respectfully requests that the FAA grant the requested 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 Petitioners proposed SUAS operations. To assist 

the FAA in its safety assessment of Petitioners proposed SUAS operations, below is a 

summary of operational limitations and conditions which will ensure an equivalent or 

higher level of safety to operations conducted under 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 the 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 commercial or private pilot. 

7. The SUAS pilot will be PIC. The PIC and PO, both being FAA pilot certificate 

holders have the ability to and may take over each others role for safety or any other 
Above It All –UAS Surveys, LLC - FAA 333 Exemption Request 

 4 Revised 6/9/2015 

reason due to both having the same and necessary PIC/PO qualifications & training, 

which adds to the overall safety of flight operations. 

8. The SUAS will only operate within a limited pre-determined 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 predetermined flight path if any safety 

issue in flight path arises. 

10. The SUAS onboard telemetry affords the PIC to monitor in real time all pertinent 

SUAS airborne altitude, battery life, GPS system health 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 missions. 

13. PIC and PO will have the most current training in the SUAS to be operated along 

with any pertinent information from the manufacturer, 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 will be obtained from the 

appropriate state, county, city or jurisdiction agencies prior to any aerial activity. 

17. Petitioner will submit a Certificate of Authorization (COA) application for each 

SUAS as part of the exemption sought by this Petition 
Above It All –UAS Surveys, LLC - FAA 333 Exemption Request 

 5 Revised 6/9/2015 

Below is an overview of the Petitioners PHANTOM specifications. Additional operational 

information is available in the PHANTOM Operating Manual (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@6V
Above It All –UAS Surveys, LLC - FAA 333 Exemption Request 

 6 Revised 6/9/2015 

Below is an overview of the Petitioners PHANTOM 2 VISION + 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, Servos) 

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 °C 
Above 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 the authority to issue exemptions. 

By its terms, this statutory authority includes exempting 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 requested exemption is in the public interest. 

Petitioner seeks an exemption from several interrelated provisions of 14 CFR Parts 21, 

45 and 91 for purposes of conducting aerial missions & applications with associated data 

processing functions for professional aerial surveying and inspections using SUAS which 

are listed below are: 

(1) The specific sections of 14 CFR for which exemption is sought; and 

(2) The operating procedures and safeguards that Petitioner has established which 

will ensure a level of safety equal to or better than the rules from which exemption 

is sought. 

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

This petition seeks an exemption from 14 CFR Part 21, Subpart H, which establishes the 

procedural requirements for the issuance of airworthiness certificates as required by 14 

CFR §91.203(a)(1). Given the size and limited operating area associated with the SUAS to 

be utilized by the Petitioner, an exemption from Part 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 requirement for an airworthiness certificate, 

upon consideration of the size, weight, speed, operational capability, and proximity to 

airports and populated areas of the particular UAS.

In all cases, 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 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 lbs. fully loaded, carries no pilot, 

No passenger, no explosive materials, and operates exclusively within a secured predetermined area. Unlike other civil aircraft, the proposed operations in this petition for 

exemption will be controlled and monitored by the Petitioner with advance notice to the 

FAA of all operations that will be conducted under this exemption. 

These safety enhancements, which already apply to civil aircraft operated in connection 
Above It All –UAS Surveys, LLC - FAA 333 Exemption Request 

 9 Revised 6/9/2015 

with existing inspection operations, provide a greater degree of safety to the public and 

property owners than conventional operations conducted with airworthiness certificates 

issued under 14 CFR Part 21, Subpart H. Lastly, application of these same criteria 

demonstrates that there is no credible threat to national 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 requirements for airworthiness certification of 

normal category rotorcraft. To the extent the Petitioner's SUASs would otherwise require 

certification under Part 27, as a rotorcraft, Petitioner requests an exemption from Part 27’s 

airworthiness standards for the same reasons identified 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, marking, and placard requirements, 

provides that: 

No person may operate a U.S.-registered civil aircraft 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 category aircraft or experimental or 

provisionally certificated aircraft, the operator must also display on that aircraft near each 

entrance to the cabin, cockpit, or pilot station, in 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 required 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 "Experimental" can be placed. Moreover, given 

the size of the SUAS, two-inch lettering would be impossible. 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 this exemption request, Petitioner requires 

relief from the associated marking and identification requirements of § 45.27(a) and § 

91.9(c), which would require compliance with § 45.23(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) where the PIC, PO, and others working 

with the SUAS will see the identification of the UAS 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 10167A. 

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

This petition seeks an exemption from the flight manual requirements of 14 CFR § 

91.9(b) (2), which states: 

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

(2) For which an Airplane or Rotorcraft Flight Manual is not required by §21.5 of 

this chapter, unless there is available in the aircraft 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, the 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 requirement 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, Petitioner requests an exemption from § 

91.9(b) (2)'s flight manual requirements, on the condition that the SUAS flight manual be 

available at the control point during each operation. 

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 
Above 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 SUAS and the requirements contained in 

the Manual for maintenance and use of safety checklists 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, which requires a PIC to become 

familiar with specific information before each flight, 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 exemption will be needed. 

Equivalent Level of Safety 

An equivalent level of safety will be provided by following the SUAS Operations Manual 

comprehensive preflight checklist. The PIC will attain all information and actions, 

including reviewing weather, flight battery requirements, landing and takeoff distances, and 

aircraft performance data, a briefing to the PO along 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 § 91.109(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 functioning 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 communications. 
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 safe altitude requirements of 14 CFR 

§ 91.119. Section 91.119 prescribes the minimum safe altitudes under which aircraft may 

not operate, including 400 feet above the surface and away from any person, vessel, 

vehicle, or structure in non-congested areas. See 14 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 or 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 PIC 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 given the size, weight, speed of the UAS as 

well as the location where it is operated. Operations with rotorcraft weighting far more than 

the maximum 25 lbs. proposed SUAS, along with the lack 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 positively controlled area, where buildings 

and people will not be exposed to operations without their authorized consent. No flight 

will be taken without the permission of the property owner or manager and/or local 

officials. Because of the advance notice to the property owner and participants, all affected 

individuals will be aware of the planned flight operations 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 altitude 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 § 91.121, 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 airport or barometric pressure. An exemption is 

required because the SUAS does not have a barometric altimeter, but rather a GPS altitude 

read out. 

Equivalent Level of Safety 

An equivalent level of safety will be achieved by following 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 the 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 § 91.151(a)'s fuel requirements for flight in 

VFR conditions. Section 91.151 states: 

(a) No person may begin a flight in an airplane under VFR conditions unless 

(considering wind and forecast weather conditions) there is enough fuel to fly to the 

first point of intended landing and, assuming normal 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 minutes. 

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 limiting 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 its 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 the size and speed of the small UAS. 

Additionally, we are not planning or proposing to fly SUAS at night. 

Operation of SUAS will be limited to predetermined and controlled areas where only 

people and property owners, or official representatives 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 of prior exemptions. See e.g. Exemption 

10673 (allowing Lockheed Martin Corporation to operate without compliance with § 

91.151 (a)); see also Exemptions 2689F, 5745, 10673, and 10808. 

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

This petition seeks an exemption from civil aircraft certification and registration 

requirements of 14 CFR § 91.203 (a) and (b). The regulation provides in pertinent part: 

(a) Except as provided in §91.715, no person may operate a civil aircraft unless it 

has within it the following: 

(1) An appropriate and current airworthiness certificate 

(b) No person may operate a civil aircraft unless the airworthiness certificate 

required by paragraph (a) of this section or a special 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 airworthiness certificate requirements, an 

exemption to this regulation is necessary because: 

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

2 SUAS load capacity and size does not allow it to carry certification and registration 

documents and it is impractical to display such documentation on the SUAS; 

3 SUAS does not have a cabin or cockpit entrance at which the documents could be 

displayed; and 

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

Equivalent Level of Safety 

To the extent these regulations are applicable to the proposed SUAS operations, an 

equivalent level of safety will be achieved by keeping 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 regulation. A representative sample of 

other exceptions which includes Exemption Nos. 9565, 9665, 9789, 9789A, 9797, 9797A, 

9816A, and 10700 
Above 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 to 14 CFR Part 43. See, e.g., 14 CFR § 

91.405(a) (stating that each owner or operator of an aircraft “shall have that aircraft 

inspected as prescribed in subpart E of this part and shall between required inspections . . . 

have discrepancies repaired as prescribed in part 43 of this chapter”). An exemption of 

these regulations is needed because Part 43 and these sections apply only to aircraft with an 

airworthiness certificate, as such the SUAS does not have or is required to have at this 

time. 

Equivalent Level of Safety 

An equivalent level of safety will be achieved since maintenance and inspections will 

be performed in accordance with the PHANTOM, PHANTOM 2 VISION + and S-1000 

SUAS’ Manuals. As provided in the Manual, the PIC will ensure that the SUAS is in 

proper working order prior to initiating flight, perform routine or required maintenance, 

and maintain a log of any maintenance performed. The PIC is the most familiar with the 

craft and best suited to maintain the SUAS in an airworthy condition to provide the 

equivalent level of safety. 

If mechanical issues arise, the SUAS can land immediately 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 same factors associated with conventional 

fixed-wing airplane and rotorcraft performing the same 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 operations 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 before completion of the rulemaking 

required under Section 332 of the Reform Act. 

• The operation significantly improves safety and reduces risk by alleviating human 

exposure to danger associated with current aerial mission methods, namely, full size 

helicopters. Manned helicopters performing various low level inspections and 
Above 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 human exposure to death or serious 

injury associated with manned aircraft performing various low level inspections and 

patrols. 

• Petitioner's SUAS’ are battery powered and create no emissions and are quite quiet. 

If Petitioner's SUAS crashes, there is no fuel to ignite and explode. Any impact of 

Petitioner's lightweight SUAS’ is obviously, far less 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 manned aircraft. 

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

level aerial missions conducted from conventional manned 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 & applications 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 services that SUAS operations provide. 

• There is also a financial benefit to the public. Current 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 or 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 is provided for publication in the 

FEDERAL REGISTER, should it be determined that publication is needed: 

Petitioner seeks an exemption from the following rules: 

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 operations of small and lightweight 

SUAS in the wide-range of various low level aerial missions & applications industry will 

enhance safety by reducing risk. Conventional operations in this industry using manned 

operations, rotorcraft or fixed-wing aircraft present the risks associated with vehicles that 

weigh in the neighborhood of several thousand pounds and carrying large amounts of 

fuel. Such aircraft must fly to and from the location 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 designated 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 exemptions requested herein, including 

exempting the Petitioner from the requirements of Part 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 safer than conventional aerial mission 

operations conducted with fixed-wing aircraft or helicopters. 

XI Biographical Background of the Above It All - UAS Team 

Above It All - UAS Surveys, LLC (AIA-UAS) a small Limited Liability Company 

registered in the State of Virginia. The company’s mission is to provide innovative 

myriad of aerial survey and inspection mission solutions that inspire and advance the 

efforts of its clients and affiliates. 

 

Mr. Dolan - Founder & Chief Executive Officer, Charles 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 in cutting edge aviation and surveying 

in the mid-Atlantic region in compliance with all government laws and regulations, thus 

assuring the highest standards of safety and quality. The team will be collaborating with 

and or being advised by the Mid-Atlantic Aviation Partnership 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 Officer 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 University 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 the Marine-Aviation Bureau where 

he either piloted Bell Jet Ranger helicopters or police 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 052 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 large void in maritime security, so he 

assembled a team to solve this dilemma, founding Homeland Security Aviation & 

Maritime Services, Inc. (HSA), a technical support company dedicated to providing 

expert system support solutions to measure radiation signatures to government customers 

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

Mr. Dolan’s HSA gained support and assistance for collaborative purposes from 

Brookhaven National Laboratory, Domestic Nuclear Detection Office, New York State 

Foundation for Science & Technology (NYSTAR) and Homeland Security Chairman 

Congressman – Peter King. The program was being picked up by the National Nuclear 

Security Agency (NNSA) Administrator - Thomas Dagastino to perform a study with 

Department of Homeland Security (DHS) and Department of Energy (DoE) only to come 

to an abrupt halt when new administration cut funding for all new NNSA projects. 

With over 26 years with NCPD Mr. Dolan retired in 2012 and moved with his family to 

central Virginia where he has worked closely with several law enforcement agencies on 

the use of UAS’s. Invited by Chief Sellers of Albemarle County Police Department 

(ACPD), Tom demonstrated the usefulness of UAS’ before citizen members of the 

County’s Crime Prevention Council. Sellers was instrumental in developing Virginia’s 

“Model Policy” on the use of UAS in law enforcement agencies for the Legislature, 

Department of Criminal Justice Services & the Office of the Attorney General it the state 

of Virginia. Those leery of the technology soon accepted the technology finding pros 

outweighed the cons as long as the “Model” guidelines” were adhered to. 

October 2nd 2013, Mr. Dolan successfully orchestrated the use of a high technology UAS 

from Virginia Tech’s Mid-Atlantic Aviation Partnership (MAAP) in assisting in the close 

to month long exhaustive search effort, led by Chief Sellers, for a missing University of 

Virginia student, Hannah Graham. The use of this technology was welcomed by the 

Charlottesville community which marked the first time in Virginia history that a UAS 

was used by law enforcement, with the Federal Aviation 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 including the C-141, C-17 and C-21 aircraft. 

Chuck served as Instructor and Evaluator pilot in the C-17 performing worldwide 

missions in support of national objectives. He also held positions in squadron training 

and standardization departments and as Squadron Operations officer. 

 He is a graduate of the U.S. Air Force, Air Command 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). The 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 deployed to Iraq and Afghanistan as an 

operator, maintainer and site lead in support of DoD 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 Aviation Science and Technology from 

Embry-Riddle Aeronautical University. He is currently enrolled in an MBA program at 

Washington State University. Chuck is also a certified Program Management 

Professional and has taken all of the coursework for 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 Surveying field since 1994. His first 

surveying job was the Boundary Re-trace and Line Marking of several miles of U.S. 

Forest Service Boundary in Alleghany County, Virginia. Scott began work at Bell 

Surveys, Inc. in 2000, where he worked his way up from 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. After 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 still 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 surveying 
Above It All –UAS Surveys, LLC - FAA 333 Exemption Request 

 20 Revised 6/9/2015 

experience. We are able to provide clients a wide range 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 Above It All – UAS Services, LLC to 

bring the company into the 21st Century by utilizing cost effective Unmanned Aerial 

Systems to pass along the cost savings of these UAS’ to his clients. 

Our clientele range from private land owners to corporate developers to Engineers & 

Landscape Architects. We provide services for clients involved in state, county and 

federal projects as well as development companies, investment groups, and non-profit 

organizations. Bell Land Surveys is currently working 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 times per year for many years. We also 

map several landfills in Virginia for Santek Environmental 2-3 times per year. 

 

Bio Summary: 

The Petitioner’s team is committed to positively advancing the UAS Survey and 

Inspection industry on multiple platforms and ones emerging in the future. We are 

experienced business and scientific professionals deeply rooted in aviation looking to 

meet this emerging market needs. We have and continue to strive with our expertise in 

cutting edge aviation and surveying to integrate UAS use across our Mid-Atlantic Region 

in compliance with all government laws and regulations, 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 333 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 operation within visual line of sight 

and national security provides more than adequate justification for the grant of the 

requested exemptions allowing commercial operation of Petitioner SUAS in the aerial 

survey and inspection industry in accordance with the available Manual 

If additional information is required, or if you have 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