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Docket Management System

U.S. Department of Transportation

1200 New Jersey Avenue, SE

Washington, D.C. 20590

September 17, 2015

Dear Sir or Madam: 

Pursuant to Section 333 of the FAA Modernization and Reform Act of 2012 (the Reform Act) and 14 

C.F.R. Part 11, Images Above, LLC, an operator of Small Unmanned Aircraft Systems (“sUAS”) equipped 

to film and photograph commercial real estate, residential real estate and agricultural real estate, applies for 

an exemption from the listed Federal Aviation Regulations (“FARs”) to allow commercial operation of its 

sUAS(s), so long as such operations are conducted within and under the conditions outlined herein or as 

may be established by the FAA as required by Section 333. 

Requested Exemptions: Images Above, LLC, requests exemption under Section 333 of the FAA 

Modernization and Reform Act of 2012 and Part 11 of the Federal Aviation Regulations from 14 C.F.R

Sections:

45.23 b.

45.29

61.23 a. & c.

61.101 e. 4 & 5

61.113 a.

61.315 a.

91.7 a.

91.119 c.

91.121

91.151 a. & 1

91.405 a.

91.407 a. & 1

91.409 a. & 1 & 2

91.417 a. & b.

Proposed Usage: Approval of exemptions for Images Above, LLC, will permit Images Above, LLC, to 

assist owners, sellers, buyers, and realtors to acquire, sell, manage and inspect real estate, properties and 

structures by making available high quality aerial imagery in photography and videography formats. 

Agricultural support will include aerial photography and videography to support land management, crop 

management, erosion control efforts, the inspection of buildings and other structures. 

Within Intent of Congress: The requested exemption should be granted because the proposed operations 

of the DJI Phantom 2, a small UAS(s) with a total weight of less than 10 lbs., inclusive of battery, camera,

and gimbal. The UAS(s) operations will be conducted in the strict conditions outlined below and will 

provide an equivalent level of safety as directed by Congress while still allowing viable commercial 

operations. 

UAS Type and Associated Equipment: The UAS(s) systems operated by Images Above, LLC, will be 

comprised of an unmanned aircraft and a transportable ground station. The UAS(s) is a DJI Phantom 2. 

The UAS(s) has a gross weight of about 3 pounds. When equipped with a gimbal and camera the total 

weight of the UAS(s) plus payload will not exceed 10 pounds. The UAS(s) is equipped with four rotors 

that are driven by electric motors powered by batteries. The UAS(s) will be equipped with a GoPro camera 

and multidirectional gimbal mount. The maximum airspeed is 15m/s.
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Safety: The UAS(s) operated by Images Above, LLC, and authorized by the exemptions requested are far 

safer than conventional operations conducted with manned helicopters and fixed-wing aircraft weighing 

thousands of pounds, containing highly flammable fuel, and operating in close proximity to the ground and 

people, as a similar UAS has been previously approved in Exemption No. 11138, Douglas Trudeau, 

Realtor®. Congress directed the FAA to consider seven (7) factors when evaluating Section 333 exemption 

petitions - size, weight, speed, operational capability, proximity to airports, proximity to populated areas, 

and operation within visual line of sight. The UAS(s) operated by Images Above, LLC, are remotely 

piloted unmanned aircraft that are small, will operate at speeds of less than 50 miles per hour, fly close to 

the ground but not higher than 400 feet above the land surface, will be operated more than 5 miles from 

airports and in low risk, low population environments. Additionally, Images Above, LLC, will limit 

UAS(s) operations to daytime Visual Flight Rule (VFR) conditions and only fly UAS(s) within Visual Line 

of Sight (VLOS). 

A visual observer will be present to assist the UAS operator in the observation of the UAS(s). The UAS(s) 

will remain within the range of human vision when unaided by any device other than corrective lenses. The 

UAS(s) only be operated within the visual line of sight of both the operator and the visual observer at all 

times. The operator and the visual observer will remain within range of unaided voice contact to one 

another during all operations of the UAS(s) to ensure effective communications. 

The UAS(s) operated by Images Above, LLC, will use a global positioning system (GPS) flight safety 

feature causing the UAS(s) to hover and then land slowly if communication with the remote control 

operator is lost. The flight of the UAS(s) will be aborted in the event that unpredicted obstacles or 

emergencies are encountered. Furthermore, the small UAS(s) operated by Images Above, LLC, will pose a

much more limited threat to the public given its small size and lack of combustible fuel when compared to 

larger manned aircraft. Images Above, LLC, will provide an additional level of safety by operating in 

reasonably safe environments that are strictly controlled, are away from power lines, elevated lights, 

airports and actively populated areas. Images Above, LLC, will conduct preflight inspections and follow

the restrictions set forth in the approved exemption document. 

At least 3 days before the use of the UAS(s) Images Above, LLC, will submit a Plan of Activities to the 

local Flight Standards District Office (FSDO) with jurisdiction over the area of the plan flight unless 

waived with the concurrence of the FSDO. The plan of activities will include the following and/or any 

other information required in the exemption approval documentation; a. dates and times for all flights; b. 

name and phone number of the UAS(s) operator(s), c. name and phone number of the person responsible 

for the on-scene operation of the UAS; d. make, model, and serial or N−Number of UAS to be used; e. 

name of UAS PICs involved in the aerial filming; f. a statement that the operator has obtained permission 

from property owners and/or local officials to conduct the filming production event; the list of those who 

gave permission must be made available to the inspector upon request; g. Signature of exemption holder or 

representative; and h. a description of the flight activity, including maps or diagrams of any area, city, 

town, county, and/or state over which filming will be conducted and the altitudes essential to accomplish 

the operation.

Following maintenance, alterations, or replacement of a flight critical component the UAS(s) operated by 

Images Above, LLC, will have a functional test flight performed prior to conducting further operations. 

During the functional test flight both the operator and a visual observer will be present. All rules governing 

normal flights will be observed during functional test flights to ensure the potential for undue hazard to 

persons and property is minimized. 

Benefit to the Public: Aerial photography has been available for a long time through manned fixed wing 

aircraft and helicopters, but for small business owners, its expense has been cost prohibitive. Granting this 

exemption would allow Images Above, LLC, to provide this service at a much lower cost. Images Above, 

LLC, will provide the public aerial videography that supports the real estate industry, the agricultural 

industry and the general public. Aerial imaging will permit the real estate industry and general public to 

market, inspect and evaluate real property. Aerial imaging will provide farmers with real-time high quality 

and affordable information to make erosion control, planting, fertilizing, weed control and irrigation 
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decisions. The farmer will also be able to use the aerial images to inspect buildings, structures, water 

containment structures and fencing.

Contact Information: Images Above

William Andrew Enfield

3804 Larkspur Ct.

Columbia MO 65201

Summary: Images Above, LLC, seeks relief from the 14 C.F.R sections listed within this request in order 

to operate a UAS(s) to support real estate and agricultural sales, management and inspection. UAS(s) 

operator by Images Above, LLC, will be operated within the parameters specified by the FAA and will 

pose no significant threat to the public while offering a significant benefit to the public. 

William Andrew Enfield

Owner Operator, Images Above, LLC

Contact Info