T. JAY SEALE, III 

KENNETH L. ROSS

RUSSELL W. RUDOLPH

PATRICK K. RESO1,2

KEVIN P. LANDRENEAU

5

GLEN R. GALBRAITH

STEVEN L. MCKNEELY, LL.M.1,4

LESLI S. BOLNER

CARL S. GOODE, LL.M.1,2,4,6

NICOLE ROBERTS DILLON3

JOHANNA R. LANDRENEAU 

AMY LAWLER GONZALES5

FRANK J. DIVITTORIO

ELSBET C. SMITH

CELESTE H. SHIELDS

GEORGIA K. THOMAS

JENNIFER A. LEE

A. CASEY DESSELLES

SEALE ROSS

A PROFESSIONAL LAW CO RPO RATION

H A MM O N D• B A T O N R O U G E • M A D I S O N V I L L E

www.sealeross.com

REPLY TO:

PO BOX 699

HAMMOND, LA 70404

PHYSICAL ADDRESS:

200 NORTH CATE STREET

HAMMOND, LA 70401

TELEPHONE (985) 542.8500

FACSIMILE (985) 542.4111

BOARD CERTIFIED ESTATE PLANNING

AND ADMINISTRATION SPECIALIST1*

BOARD CERTIFIED TAX LAW SPECIALIST2*

BOARD CERTIFIED FAMILY LAW SPECIALIST3*

BY THE LOUISIANA BOARD 

OF LEGAL SPECIALIZATION*

IN TAXATION4

ADMITTED IN TEXAS5

ADMITTED IN MISSOURI6

June 3, 2015

Via Electronic Submission (regulations.gov)

Mr. Anthony Foxx, Secretary of Transportation 

U.S. Department of Transportation

Docket Operations

1200 New Jersey Avenue, SE

Room W12-140, West Building Ground Floor

Washington, DC 20590

Re: ELOS Environmental, LLC Petition for Exemption under Section 333 of FAA Modernization and Reform Act of 2012 and Part 11 of the Federal Aviation Regulations from 14 C.F.R. § 21, Subpart H; 45.21; 45.23(b); 45.25; 45.27; 45.29; 61.113(a) 

and (b); 91.7(a); 91.103; 91.105; 91.119; 91.121; 91.151(a); 91.405(a) and (d); 

91.407(a)(1); 91.409(a)(2); and 417(a) and (b)

Dear Mr. Foxx: 

On behalf of ELOS Environmental, LLC (ELOS), and pursuant to Section 333 of the Federal Aviation 

Administration Reform and Modernization Act of 2012 (FMRA), I submit this petition seeking ELOS’s 

exemption from the Federal Aviation Regulations (FARs) described above and more particularly 

herein. ELOS requests an exemption to commence commercial operations of small a Unmanned 

Aircraft System (UAS) in the National Airspace System (NAS) for the purposes of aerial inspection 

and data collection, aerial photography, and aerial videography, all in connection with environmental consulting projects involving environmental and construction monitoring, mapping, site inspection, and the like.

ELOS’s proposed operations of a UAS do not create a hazard to users of the national airspace system or the public due the UAS’s size, weight, speed, operational capability, proximity to airports 

and populated areas, and operation within visual line of sight (VLOS). Further, the proposed operations do not pose a threat to national security.

ELOS’ petition is similar to Exemption Nos. 11062, 11109, 11112, and 11213 granted by the FAA in 

all material respects. In those Grants of Exemption, the FAA found that the enhanced safety 

achieved using an UAS with the specifications described by the petitioners where the UAS would be 

carrying no passengers or crew (as opposed to a manned aircraft of significantly greater proportions, carrying crew and flammable fuel) gave the FAA good cause to find that the UAS operations

enabled by those exemptions were in the public interest. Similarly, described herein are the public 
Page 2 of 16

interests that may be served by granting an exemption to ELOS; ELOS’s proposed operations and 

the UAS; and precautions ELOS will implement and follow when operating the UAS.

Also, as of March 23, 2015, the FAA automatically grants to a UAS operator with a Section 333 exemption a blanket Certificate of Authorization (COA) for flights at or below 200 feet, provided the 

UAS weights less than 55 pounds; operations are conducted during daytime Visual Flight Rules 

(VFR) conditions; operations are within visual line of sight (VLOS) of the pilots; and the UAS remains 

specified distances away from airports or heliports. If ELOS is provided with a Section 333 exemption, it will also comply with these conditions, making a blanket COA applicable. 

Finally, in the event the FAA grants ELOS a Section 333 exemption and then changes the applicable 

rules regarding UAS operation for commercial purposes to no longer require an UAS operator to 

possess at least a private pilot certificate and third-class medical certificate, ELOS requests that it 

automatically be deemed to meet the applicable requirements of the FAA regarding UAS operations for commercial purposes so that no additional license or certificate is necessary.

1. Applicant ELOS Environmental, LLC

The name and address of the applicant is:

Elos Environmental, LLC

Attn: Lucas Watkins, President

43177 East Pleasant Ridge Road

Hammond, LA 70401

985.662.5501

lwatkins@elosenv.com

www.elosenv.com

ELOS is a wetland services company that provides professional environmental services throughout 

the Gulf South, particularly in Louisiana. The company offers environmental consulting, research, 

and advisory services to a variety of clients, including individuals, businesses, organizations, public 

agencies, and federal, state, and local governments. ELOS provides a range of services, including 

endangered species surveys, environmental program development, environmental monitoring, cultural resources management, mitigation consultation, wetland delineations, forest management, 

wetland restoration, GIS|GPS mapping services, environmental studies, and environmental compliance. It also works in oil and gas exploration, as well as in production and transmission activities. 

ELOS’s consulting often involves inspecting, documenting, and/or monitoring:

- land parcels (forests and timber land), open spaces, wetlands, and coast lines

- wildlife, including aquatic habitats and endangered species’ habitats

- conditions of various habitats, wildlife, restricted activities, and changes due to natural, 

man-made, and extraordinary events

- archaeological sites

- activities of landowners and other surface activities

- activities of exotic and invasive plant species 
Page 3 of 16

ELOS has been in operations since 2006.1It is based in Hammond, Louisiana, but works throughout 

the state and region. The company’s key environmental staff is comprised of 10 professionals, representing 50+ years of experience. ELOS works with various regulatory and governing agencies on 

a daily basis, including the U.S. Army Corps of Engineers, Department of Natural Resources, Department of Environmental Quality, U.S. Coast Guard, Department of Wildlife and Fisheries, and the 

State Lands Office.

2. Public Interest in Granting Exemption to ELOS

The underlying purpose of all environmental services ELOS provides is protection of the environment for the benefit of the public. This stewardship of the environment on behalf of those in the 

public sector may manifest itself as inspecting and monitoring environmentally critical forests, 

streams, rivers, wetlands, coastal resources, wildlife, endangered species, and other natural resources. Especially in Louisiana, monitoring levees, land masses, and coastal lines for the purposes 

of preserving life and land is crucial. In the private sector, delineating wetlands for preservation 

purposes or monitoring pipelines or construction projects all have protection of the environment as 

the primary goal.

In addition to helping protect the environmental for all, authorizing ELOS to perform aerial data 

collection, photography, and videography with a UAS will also positively impact the public from a 

monetary perspective. For example, some public projects require annual environmental monitoring. 

Enabling ELOS to partially complete that work by using an UAS will benefit the public with reduced 

costs and potential liability, as well as increased documentation and accuracy.

Also, ELOS’s ability to use a UAS for performing aerial data collection, photography, and videography in connection with natural disasters is of great importance. In the event of a natural or 

manmade disaster, ELOS will be able to quickly assist with disaster assessments for its public or private clients. ELOS would also be able to view areas previously inaccessible or difficult to assess by 

traditional means.

Equally important is the positive environmental impact ELOS will make while providing its services. 

ELOS’s ability to use a UAS will reduce direct and indirect environmental impacts from groundbased vehicular intrusion and noise. Also, the noise and air pollution associated with conventional 

manned aircraft would be eliminated. Finally, and most important for the State of Louisiana, use of 

a UAS would enable ELOS to monitor changes such as coastal erosion without having any further

environmental impact.

Additionally, use of a UAS instead of a helicopter or airplane has increased safety considerations. A 

UAS carries no passengers, pilot, or crew, thereby increasing safety for those individuals. A UAS has 

no flammable fuel, increasing safety to the general public. 

In summary, the FAA’s grant of ELOS’s petition would benefit the public as a whole by allowing 

work related to the environment to be completed more cost efficiently, more accurately, and with 

reduced costs and environmental impacts as compared to more traditional methods of aerial inspection and data collection, photography, and videography. There are also safety benefits, in addition to educational data and research opportunities ELOS may provide.

 

1

ELOS Environmental, LLC formerly operated as Krebs LaSalle Environmental LLC, which commenced operations in 2006. The company changed its name to ELOS Environmental, LLC in 2011.
Page 4 of 16

3. ELOS’s Exemption Would Not Adversely Affect Safety

A. Proposed UAS – DJI Phantom

ELOS proposes operating a small and unmanned quadcopter, the DJI Phantom 2 Vision+ 

and the DJI Phantom 3 (an upgraded version) to conduct aerial site inspections, data collection, photography, and videography in connection with its various environmental consulting projects. ELOS requests exemptions for use of both versions of the DJI Phantom (DJI 

Phantom 2 Vision+ and DJI Phantom 3 (an upgraded version once it becomes available)). 

Following are specifications for the DJI Phantom 2 Vision+:

i. Flight Time

The Phantom’s maximum flight time is 25 minutes. 

ii. Weight

The Phantom weighs 2.74 pounds. 

iii. Compass 

The Phantom features a compass which reads geomagnetic information and assists the 

global positioning system (GPS) in accurately calculating the UAS’s position and altitude. Importantly, it and other features help ensure the operator and UAS comply with 

all flight restrictions so as to “not create a hazard to users of the national airspace system or the public or pose a threat to national security” as described by Section 

333(b)(1) of the FMRA.

iv. Flight Radar

The Phantom is equipped with flight radar that displays the current position of the 

Phantom in relation to the operator. Exceeding the control range of the remote controller triggers the Phantom to automatically fly back to the original takeoff point and 

land safely. 

v. Flight Control System

The Phantom is equipped with a built-in Flight Control System and the shielded, antistatic compass described above. The Flight Control System features a failsafe function

that automatically activates under certain circumstances, such as if the remote controller is powered off, if the UAS has flown outside effective control range, if the signal between the UAS and the remote controller is blocked, or if there is a signal problem 

caused by interference. If activated, the failsafe function returns the Phantom back to

its home point or start location and lands. Even if the GPS mode is not active, the failsafe function will execute a controlled descend and automatic landing.
Page 5 of 16

vi. No Fly Zone

The Phantom’s software includes pre-programmed “no fly zones” to increase flight 

safety and prevent accidental flights into restricted area, which assesses the database 

of NAS. Restricted areas include airports throughout the world. A “warning zone” has 

been set around the safety zone, and a warning message appears in the application if 

the operator flies within 320 feet of the safety zone. 

vii. Other Flight Limitations

The Phantom’s software prevents the UAS from flying into restricted areas such as 

airports. The restricted areas include Class A safety zones (major international airports) 

where there is a no-fly zone and restricted-altitude zones and Class B safety zones 

(smaller airports), which includes no-fly and warning zones. 

If the Phantom is within 1.5 miles of Class A safety zone, takeoff is prevented, and the 

operator cannot initiate flight. Between 1.5 and 8 miles around an airport, the Phantom 

may fly may at a maximum altitude of 35 feet, which increases so that the Phantom can 

fly up to 400 feet if it is five miles from an airport.

In the event the Phantom accidentally flies within the safety zone, the Phantom will 

automatically descend to the restricted height. If there is a loss of GPS signal, the Phantom will land immediately once the signal returns. The operator can still control the 

UAS; however, he cannot make it ascend in altitude. 

viii. Mobile Vision 

The Phantom operator may track the UAS’s flight through the DJI Vision app installed 

on his mobile device. Use of this application allows the operator to see what the Phantom sees through a mobile device such as an iPhone.

ix. Manufacturer Updates

DJI, the manufacturer, regularly updates its website and the DJI Vision application with 

fixes, upgrades, etc. The Phantom and associated mobile app can connect to receive 

manufacturer firmware and application updates, news, alerts, and support. 

x. UAS / Manufacturer Documents and Manuals

The DJI Phantom 2 Vision User Manual, Quick Start Guide, and Pilot Training Guide are 

all available online for download at www.dji.com/product/phantom-2-vision/download.

The DJI Phantom 3 Professional User Manual and Quick Start Guide are available online 

for download at www.dji.com/product/phantom-3/download.
Page 6 of 16

B. DJI Phantom Factory Specifications

Aircraft

Supported Battery DJI 5200mAh LiPo Battery

Weight (Battery and Propellers) 2.74 pounds

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

Max Yaw Angular Velocity 200°/s

Max Tiltable Angle 35°

Max Ascent/Descent Speed Ascent: 6m/s; Descent: 2m/s

Max Flight Speed 15m/s 

Diagonal Motor-Motor Distance 350mm

Gimbal

Working Current Static : 750mA; Dynamic : 900mA

Control Accuracy ±0.03°

Controllable Range Pitch : -90°-0°

Maximum Angular Speed Pitch : 90°/s 

Camera

Operating Environment Temperature 0°C-40°C

Sensor Size 1/2.3"

Effective Pixels 14 megapixels

Resolution 4384×3288

HD Recording 1080p30 & 720p

Recording FOV 110° / 85°

Remote Control

Operating Frequency 5.728 GHz-5.85 GHz

Communication Distance 

(Open Area)

CE Compliance: 400m; FCC Compliance: 

800m

Receiver Sensitivity (1%PER) -93dBm

Transmitter Power CE Compliance: 25mW; FCC Compliance: 

100mW

Working Voltage 120 mA@3.7V

Built-In LiPo Battery Working 

Current/Capacity 3.7V, 2000mAh

Range Extender

Operating Frequency 2412-2462MHz

Communication Distance 

(Open Area)

500-700m

Transmitter Power 20dBm

Power Consumption 2W

DJI Vision App

Mobile Device System Requirement

iOS version 6.1 or above; Android system version 4.0 or above

Mobile Device Support

 iOS recommended: iPhone 4s, 5, 5s, 6, 

6Plus, iPod touch 5 (available but not 

recommended: iPad 3, 4, mini)

Android recommended: Samsung Galaxy 

S3, S4, Note 2, Note 3, or phones of similar configuration
Page 7 of 16

C. Procedures for Ensuring UAS’s Condition is Safe for Flight

ELOS is committed to ensuring its operation of the Phantom and unmanned flights do not 

create a hazard to users of the national airspace system or the public, or pose a threat to 

national security. As such, ELOS will operate the Phantom only under the following conditions:

Flight operations will be conducted only in daylight hours and under visual meteorological conditions (VMC);

The wind speed is not greater than 15 knots, which information is obtained from the 

nearest NOAA reporting station; 

The area to be inspected, monitored, or otherwise viewed is clearly defined on a plot 

plan drawing or map, with the path of flight and altitudes pre-determined;

The flight path is at least 500 feet from all non-participating persons, vessels, vehicles, 

and/or structures unless consent is granted or protective barriers/structures are in 

place;

Flight operations present no hazard to the Pilot in Command (PIC), Visual Observer

(VO), trainees, or any other persons;

Flight plan and schedule have been reviewed with and approved by ELOS leadership; 

and

Flight plan is communicated to all ELOS and client personnel in the area.

In addition, ELOS has implemented procedures to make sure the Phantom is in a condition 

that is safe for every flight. Before initiating each flight, the UAS operator/PIC will check the 

following items:

Phantom remote controller, smart battery, and range extender plus mobile device are 

fully charged;

Propellers are mounted correctly;

Gimbal clamp has been removed;

Damping absorbers are in good condition and not broken or worn;

Anti-drop kits have been mounted correctly;

Camera lens cap has been removed;

Micro-SD card has been inserted;

Gimbal is functioning as normal;

DJI Vision app on the mobile device can connect to the camera;

Compass has been calibrated;

Flight radius and altitude limits (400 feet) have been reviewed with and approved by 

ELOS leadership; 

Flight radius is limited to the property boundaries of ELOS’s client (or ELOS has otherwise obtained consent from property owner);

VO is stationed at the required initial observation point according to the flight plan and 

in view of the PIC;

VO has means for continual verbal communication with PIC;

There are no inoperable components of UAS;

All required site safety permits are approved and in possession of the PIC;

Motors can start and function as normal; and

Flight Indicator Lights on the UAS verify that the home point is set to current location.
Page 8 of 16

The above items are to be verified on ELOS’s Pre-Flight Checklist, which is attached hereto 

as Exhibit A. After checking these items, the PIC must sign and date the Pre-Flight Checklist 

and file it in the UAS Inspection and Maintenance Record Book.

D. Radio Frequency (RF) Spectrum

The Phantom’s remote controller ground station (which is used for control of the UAS) has 

an operating frequency of 5.278 – 5.85 GHz. It is Federal Communications Commission 

(FCC) compliant with a communication distance in an open area of 800 m (875 yards). Following are other specifications:

Operating Frequency 5.728 GHz-5.85 GHz

Communication Distance (open area) FCC Compliance: 800m

Receiver Sensitivity (1%PER) -93dBm

Transmitter Power FCC Compliance: 100mW

Working Voltage 120 mA@3.7V

Built-in LiPo Battery Working Current/Capacity 3.7V, 2000mAh

E. Qualifications for Pilot in Command (PIC)

ELOS will ensure the PIC directly responsible for the operation of the Phantom on behalf of 

ELOS is properly certified and experienced. First, any PIC retained by ELOS to operate a UAS 

will possess at least a private pilot certificate and current third-class medical certificate. The 

PIC will also be required to have accumulated and logged at least 25 hours of total time as 

a UAS rotorcraft pilot, including at least 10 hours logged as a UAS pilot with a multi-rotor 

UAS. 

Before operating the Phantom, the PIC will also have accumulated and logged a minimum 

of five hours as UAS pilot, specifically operating the Phantom 2 Vision+, including accomplishing at least three take-offs and landings during dedicated training sessions in the preceding 90 days.

Finally, the PIC will have demonstrated the ability to safely operate the Phantom in a manner consistent with how it will be operated on ELOS’s behalf. This will include completing 

evasive and emergency maneuvers and maintaining appropriate distances from people, 

vessels, vehicles, and structures. 

F. Medical Standards for the Pilot in Command (PIC)

The PIC will possess at least a current third-class medical certificate.

G. Proposed Operation of the UAS

i. Intended UAS Operations

ELOS will use the Phantom for the purposes of aerial inspection, documentation, data 

collection, and monitoring, photography, and videography, all in connection with environmental consulting, research, advisory, and business services it provides. ELOS’s clients include individuals, businesses, organizations, public agencies, and federal, state, 
Page 9 of 16

and local governments; thus, the different types of services it provides to different 

types of clients vary widely. For example, it works with public agencies and governments to perform work inspecting, documenting, and/or monitoring plants, animals, 

and land formations (as further discussed in Section 1). ELOS has also been retained to 

provide environmental and construction monitoring, mapping, and site inspection.

However diverse the specific projects may be, ELOS’s use of a UAS allows it to provide 

accurate information to clients more efficiently, more often, and at less expense. In the 

case where a public agency or government is ELOS’s client, this ultimately translates into a reduction of taxpayer money required for the project. In addition, safety is improved and the risk to people and property is reduced when compared to more traditional means of obtaining the same information. Importantly, the environmental impact 

of using a battery operated UAS instead of a helicopter is greatly reduced. In situations 

of wildlife monitoring, a small, relatively quiet UAS is less bothersome than a traditional 

aircraft.

As ELOS’s services relate to environmental work, Phantom operations will likely be conducted above non-populated areas. Clients retain ELOS to provide data collection, 

monitoring services, etc. of plants, animals, and the land, so there is little risk that people will be affected by ELOS’s operations of a UAS, which will not be conducted in urban areas.

ELOS’s clients do not include airports, so no operations will occur within five miles of 

the geographic center of a non-towered airport as denoted on current FAA-published 

aeronautical chart unless a letter of agreement with that airport’s management is obtained and the operation is conducted in accordance with Notice to Airmen as required 

by the Applicant’s COA. 

ii. Intended Area of UAS Operations

As described above, ELOS will use the Phantom for the purposes of the various environmental services rendered to its clients. The UAS will be operated on ELOS’s clients’ 

private land, unless its client is a public agency or federal, state, or local government 

that request such services on public land. Before commencement of any flight, ELOS’s 

client will be informed of the operation.

ELOS’s operations will be restricted to Class G airspace. The Phantom will not be operated by the PIC from any moving device or vehicle.

iii. Proposed Speed, Altitude and Visibility

While the Phantom is capable of attaining a maximum speed of almost 30 knots (15 

m/s), ELOS does not intend to operate the UAS at that speed. ELOS will use the Phantom for aerial inspection, documentation, data collection, monitoring, photography, 

and videography. These purposes can best be achieved by operating the Phantom at a 

much slower speed, around 4 knots or less (2 m/s), to capture the best quality photographs and video or make proper observations. Also, the Phantom’s flight time will be 

maximized by operating at a slower speed. When traveling to a specified section (and 
Page 10 of 16

over that of which there is no interest), the Phantom may be operated at a faster 

speed, but the UAS will not be flown at a speed exceeding a ground speed of 30 knots.

The purposes for ELOS’s operation of a UAS (i.e., aerial photography and videography, 

inspection, monitoring, etc.) require the aircraft to be closer rather than farther away 

from the ground to obtain good quality images and information. Therefore, the altitude at which all of the ELOS’s operations of the Phantom will be conducted will be below 400 feet. Additionally, the Phantom’s Flight Control System ensures the UAS always 

operates below that level.

ELOS will not operate the Phantom less than 500 feet below or less than 2,000 feet horizontally from a cloud when visibility is less than three miles from the PIC. If the PIC encounters unpredicted obstacles or emergencies, including obscured visibility, operations will be aborted immediately.

iv. Operation within VLOS

The Phantom will be operated within the visual line of sight of the PIC at all times. This 

requires the PIC to be able to use human vision unaided by any device other than corrective lenses. All operations will use a visual observer (VO), and the VO may be used to 

satisfy the visual line of sight requirement as long as the VO always maintains VLOS 

capability and the VO and PIC are able to communicate verbally at all times. 

v. Preflight Inspection

Prior to each flight, and as further described above in Section 3(C), the PIC will inspect 

the Phantom to ensure it is in a condition for safe flight. If the inspection reveals a condition that affects the safe operation of the UAS, the flight will not commence until the 

necessary maintenance has been performed and the UAS is re-inspected and found to 

be in a condition for safe flight. All maintenance and alterations will be properly documented and filed in the UAS Inspection and Maintenance Record Book. See also Exhibit 

A, ELOS’s “Pre-Flight Checklist”.

If the Phantom has undergone maintenance or alterations that affect UAS operations 

or flight characteristics, it must undergo a flight functional test. The PIC who conducts 

the flight functional test will make an entry in the UAS aircraft records of the flight. 

vi. Operating and Flight Precautions

The Phantom will not be operated directly over any person, except authorized and consenting personnel, or below an altitude that is hazardous to persons or property on the 

surface in the event of a UAS failure or emergency.

If the Phantom loses communications or its GPS signal, the UAS will return home to the 

original takeoff point. The Phantom’s flight will be aborted in the event of unpredicted 

obstacles or emergencies. Each Phantom flight will be completed within 25 minutes 

flight time or with 25% battery power remaining, whichever occurs first.
Page 11 of 16

vii. Certificate of Waiver or Authorization (COA)

Prior to conducting any operations, ELOS will obtain an Air Traffic Organization (ATO) 

issued Certificate of Waiver or Authorization (COA) for the Phantom. The Phantom aircraft will be identified with its serial number, registered and marked in accordance with 

applicable regulations, with such marking to be as large as practicable.

viii. Flight User Manual

DJI’s Flight User Manual for the Phantom will be available to the PIC at the ground control station any time the UAS is operating.

ix. Right of Way

 

The Phantom will remain clear of and yield the right of way to all manned aircraft operations at all times. 

x. Accident Reports

Any incident, action, or flight operation that transgresses the lateral or vertical boundaries of the operational area described in the applicable COA will be reported to the 

FAA’s Integration Office within 24 hours. Accidents will be reported to the National 

Transportation Safety Board (NTSB). Further flight operations will not be conducted until the incident, accident, or transgression is reviewed by the AFS-80 and authorization 

to resume is provided.

4. Relief Requested by ELOS

A. In General

The FAA is expected to release rules applicable to the operation of UASs for commercial 

purposes next year. Until such time, it is appropriate for the FAA to allow certain commercial operations of small UASs through the exemption process as Congress has directed the 

FAA “to safely accelerate the integration of civil unmanned aircraft systems into the national airspace system.”2

ELOS’s proposed operations and restricted use of the Phantom; the 

UAS’s size and built-in safety features; and the areas of operation in no way pose threats to 

the NAS or public, or create a national security issue. 

B. Specific Sections of Federal Aviation Regulations

ELOS requests exemptions from the following specific regulations:

14 CFR § 21, Subpart H

14 CFR § 45.21

14 CFR § 45.23(b)

14 CFR §45.25

14 CFR § 45.27

 

2

FMRA§ 332(a)(1)
Page 12 of 16

14 CFR § 45.29

14 CFR § 61.113(a) and (b)

14 CFR § 91.7(a)

14 CFR § 91.103

14 CFR § 91.105

14 CFR § 91.119

14 CFR § 91.121

14 CFR § 91.151(a)

14 CFR § 91.405(a) and (d)

14 CFR § 91.407(a)(1)

14 CFR § 91.409(a)(2)

14 CFR § 417(a) and (b)

i. 14 CFR 21, Subpart H: Airworthiness Certificate

ELOS requests an exemption from 14 CFR 21, Subpart H, which establishes the procedures for the issuance of an airworthiness certificate. ELOS requests an exemption because the Phantom meets an equivalent level of safety pursuant to Section 333 of the

FMRA due to its small size, light weight, and remote, rural operating environment. 

ii. 14 CFR 45.21: General

ELOS requests an exemption from 14 CFR 45.21, which provides that except as provided in §45.22, no person may operate a U.S. registered aircraft unless that aircraft displays nationality and registration marks in accordance with the requirements of this 

section and §§45.23 through 45.33. Currently there are no procedures for obtaining a 

registration mark for the UAS by the FAA, but ELOS is agreeable to having a registration number assigned and to displaying it where practicable relative to §§45.23, 45.27, 

and 45.29.

iii. 14 CRF 45.23(b): Marking of the Aircraft

ELOS requests an exemption from 14 CFR 45.23(b), which requires that “...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.”

ELOS requests an exemption from this requirement since the Phantom does not have a 

cabin, cockpit, or pilot station entrance on or near which the required marks can be 

displayed. Also, two to six-inch lettering is not practical due the small size of the UAS. 

ELOS will place the word “Experimental” on the UAS in compliance with §45.29(f) and in 

the largest practicable manner, which will provide an equivalent level of safety.

iv. 14 CFR 45.25: Location of Marks on Fixed-Wing Aircraft

ELOS requests an exemption from 14 CFR 45.25, which describes marking requirements 

on fixed wing aircraft. The Phantom is a multirotor quadcopter and not a fixed-wing 

aircraft. Thus, 14 CFR 45.25 is not applicable. 
Page 13 of 16

v. 14 CRF 45.27: Location of Marks on Nonfixed-Wing Aircraft

ELOS requests an exemption from 14 CFR 45.27, which provides that 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. The Phantom is small and does not 

have cabin, fuselage, boom, or tail to display the marks required by §45.23. As such, the 

marking requirements of this section are not feasible, though the UAS will display the 

required marking in the largest practicable manner in conspicuous locations.

vi. 14 CFR 45.29: Size of Marks

ELOS requests an exemption from 14 CFR 45.29, which provides that the registration 

marks for rotorcraft must be at least 12 inches high. Due to its small size, the Phantom 

does not have a surface area large enough to display marks at least 12 inches high. The

UAS will display the required marking in the largest practicable manner in conspicuous 

locations.

vii. 14 CFR 61.113(a) and (b): Private Pilot Privileges and Limitations; PIC 

ELOS requests an exemption from 14 CFR 61.113 (a) and (b), which restricts private pilots from flying aircraft for compensation or acting as PIC unless the flight is only incidental to that business or employment. Currently there are no standards for private or 

commercial UAS operations, and ELOS proposes using private pilots with a third class 

medical in support of its own operations. Because of the Phantom’s size, weight, speed, 

and limited area where it would be operated by ELOS, a PIC with a private pilot’s license and the above described training and logged hours would ensure public safety 

and prevent any hazards to the NAS. 

viii. 14 CFR 91.7(a): Civil Aircraft Airworthiness

ELOS requests an exemption from 14 CFR 91.7(a), which provides that no person may 

operate a civil aircraft unless it is in airworthy condition. If an exemption from 14 CFR 

21, Subpart H is granted, no airworthiness certificate will be required. Thus, this requirement may be inapplicable, assuming that airworthy condition means having an 

airworthiness certificate. ELOS will, however, ensure that maintenance requirements are 

met, all preflight checks are completed, and an equivalent level of safety will be provided.

ix. 14 CFR 91.103: Preflight Action

ELOS requests an exemption from 14 CFR 91.103, which requires the PIC to perform 

certain preflight inspections before flight. The PIC will take actions before initiation of 

any flight to ensure the safety of the same, including performing the Phantom preflight

check and reviewing weather reports, forecasts, flight battery requirements, takeoff and 

landing distances, and aircraft performance data.
Page 14 of 16

x. 14 CFR 91.105: Flight Crewmembers at Stations

ELOS requests an exemption from 14 CFR 91.105 as this section is not applicable due 

to the Phantom carrying no flight crewmembers. 

xi. 14 CFR 91.119(c): Minimum Safe Altitudes

ELOS requests an exemption from 14 CFR 91.119(c), which prohibits operating an aircraft at an altitude of less than 500 feet except over open water or sparely populated 

areas, and in those cases, no closer than 500 feet to any person, vessel, vehicle, or 

structure. ELOS’s petition requests authority to operate at altitudes up to 400 feet

above the surface. Because of the remote location of the UAS’s operation and its size, 

weight, and limited speed, and the consent of the property owner, the equivalent level 

of safety will be achieved. There will be no increased hazard to the public or users of 

the NAS.

xii. 14 CFR 91.121: Altimeter Settings

ELOS requests an exemption from 14 CFR 91.121, which requires an aircraft to be operated by reference to an altimeter that is set to the elevation of the departure airport or 

an appropriate altimeter setting available before departure. The Phantom will not have 

a barometric altimeter, but instead a GPS altitude read out. Therefore, an exemption is 

requested. An equivalent level of safety will be achieved by the operator confirming 

the altitude of the launch site as shown on the GPS prior to takeoff. The operator will 

also monitor the UAS and control its maximum height.

xiii.14 CFR 91.151(a): Fuel Requirements for Flight in VFR Conditions

ELOS requests an exemption from 14 CFR 91.151(a), which prohibits a person from beginning a flight in an airplane under VFR conditions unless there is enough fuel to fly to 

the first point of intended landing and then, during the day, for at least 30 minutes.

ELOS will operate the Phantom with an equivalent level of safety by terminating the 

flight after 25 minutes or at a 25% battery power level (whichever occurs first). The UAS 

also features an aircraft battery monitoring system, and it will alert the operator of low 

battery voltage and return the aircraft to its take off location before battery capacity is 

depleted. ELOS will not operate the Phantom at night.

xiv. 14 CFR 91.405(a) and (d); 91.407(a)(1); 91.409(a)(2); and

91.417(a) and (b): Maintenance Inspections

ELOS requests an exemption from 14 CFR 91.405 (a) and (d); 91.407(a)(1); 91.409(a)(2); 

and 91.417(a) and (b), which specify maintenance and inspection standards. These sections and Part 43 only apply to aircraft with an airworthiness certificate, so they are inapplicable to ELOS. 

Instead, ELOS will perform maintenance in accordance with DJI’s Phantom User Manual and Phantom Pilot Training Guide, keeping a log of any maintenance performed. It 

will also inspect the UAS and ensure it is in a condition safe for flight before initiating 
Page 15 of 16

any flight. An equivalent level of safety will be achieved because the Phantom is small 

in size and operates in a limited area for limited periods of time. 

5. Summary for the Federal Register

The following summary is provided for publication in the Federal Register, should it be determined that publication is needed:

Petitioner requests exemptions from the following rules:

14 C.F.R. § 21, Subpart H; 14 C.F.R. § 45.21; 14 C.F.R. § 45.23(b); 14 C.F.R. §45.25; 

14 C.F.R. § 45.27; 14 C.F.R. § 45.29; 14 C.F.R. § 61.113(a) and (b); 14 C.F.R. § 

91.7(a); 14 C.F.R. § 91.103; 14 C.F.R. § 91.105; 14 C.F.R. § 91.119; 14 C.F.R. § 

91.121; 14 C.F.R. § 91.151(a); 14 C.F.R. § 91.405(a) and (d); 14 C.F.R. § 

91.407(a)(1); 14 C.F.R. § 91.409(a)(2); and 14 C.F.R. § 417(a) and (b)

Petitioner seeks an exemption for the purposes of aerial inspection and data collection, photography, and videography, all in connection with environmental consulting services.

6. Conclusion

ELOS Environmental, LLC’s Petition for Exemption satisfies the criteria set forth in the FMRA, 

and ELOS’s proposed operations would benefit the public and pose no threat to national security. The proposed operations described in this Petition for Exemption are similar to those in 

previously issued grants of exemptions, and the FAA should grant the requested exemptions allowing ELOS to operate a UAS to perform aerial inspection and data collection, photography, 

and videography in connection with it environmental consulting services. Thank you in advance 

for your consideration. 

Respectfully submitted,

Jennifer Lee

Counsel for ELOS Environmental, LLC
_________________________________________

Client

_________________________________________

Flight Area

The PIC must verify the following before each flight:

○ Flight operations will be conducted in daylight hours and under visual meteorological conditions (VMC)

○ The area to be inspected, monitored, or otherwise viewed is clearly defined on a plot plan drawing or map, with 

the path of flight and altitudes pre-determined

○ The flight path is at least 500 feet from all non-participating persons, vessels, vehicles, and/or structures unless 

consent is granted or protective barriers/structures are in place

○ Flight operations present no hazard to the PIC, VO (visual observer), or any other persons

○ Flight plan and schedule have been reviewed with and approved by ELOS leadership

○ Flight plan is communicated to all ELOS and client personnel in the area

The PIC must also check the following before initiating flight:

○ Phantom remote controller, smart battery, and range extender are fully charged

○ Mobile device/smart phone is fully charged

○ Propellers are mounted correctly

○ Gimbal clamp has been removed

○ Damping absorbers are in good condition and not broken or worn

○ Anti-drop kits have been mounted correctly

○ Camera lens cap has been removed

○ Micro-SD card has been inserted

○ Gimbal is functioning as normal

○ DJI Vision app on the mobile device can connect to the camera

○ Compass has been calibrated

○ Flight radius and altitude limits (400 feet) have been reviewed with and approved by ELOS leadership

○ Flight radius is limited to the property boundaries of ELOS’s client (or ELOS has otherwise obtained consent 

from property owner)

○ VO is stationed at the required initial observation point according to the flight plan and in view of the PIC

○ VO has means for continual verbal communication with PIC

○ There are no inoperable components of UAS

○ All required site safety permits are approved and in possession of the PIC

○ Motors can start and function as normal

○ Flight Indicator Lights on the UAS verify that the home point is set to current location

All of above items have been checked and verified by the PIC:

Pilot In Command (Print Name) Signature Date

UAS Pre-Flight Checklist

Exhibit A