T. J AY S EALE

, III

K ENNETH L. R OSS

R USSELL W. R

UDOLPH

P ATRICK K. R ESO 1,2

K EVIN P. L ANDRENEA U 5

G LEN R. G ALBRAITH

S TEVEN L. M C K NEELY

, LL.M. 1,4

L ESLI S. B OLNER

C ARL S. G OODE

, LL.M. 1,2,4,6

N ICOLE R OBERTS D ILLON 3

J OHANNA R. L ANDRENEAU

A MY L AWLER G ONZALES 5

F RANK J. D I V ITTORIO

E LSBET C. S MITH

C ELESTE H. S HIELDS

G EORGIA K. T HOMAS J ENNIFER A. L EE

A. C A SEY D ESSELLES 

# S EA LE 

# R OSS

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 R EPLY T O : PO B OX 699

H AMMOND

, LA 70404

P HYSICAL A

DDRESS : 200 N ORTH C ATE S TREET
H AMMOND

, LA 70401

T ELEPHONE (985) 542.8500

F ACSIMILE (985) 5 42.4111

B OARD C ERTIFIED E STATE P LANNING

AND A DMINISTRATION S PECIALIST 1*

B OARD C ERTIFIED T AX L AW S PECIALIST 2*

B OARD C ERTIFIED F AMILY L AW SPECIALIST 3 *

B Y THE L OUISIANA B OARD

OF L EGAL S PECIALIZATION *

I N T AXATION 4

A DMITTED I N T EXAS 5

A DMITTED I N M IS SOURI 6 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

R e: ELOS Environmental, LLC Petition for Exemption under Section 333 of FAA Mo derniz a tion and Reform Act of 2012 and Part 11 of the F ederal A vi a tion R egul ations 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 Avi a tion

Admi n istration Reform and Mod ernization Act of 2012 (FMRA), I submit this pet i tion see k ing ELOS’s

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

herein. ELOS requests an exemption to commence comme r cial operations of small a Unmanned

Aircr aft System (UAS) in the National Airspace Sy s tem (NAS) for the purposes of ae r ial inspection and data collection, aerial photo g raphy, and aerial videography, all in connection with environme ntal consulting projects involving env i ronmental and construction monitoring, mapping, site inspe ction, and the like.

ELOS’s proposed operations of a UAS do not create a hazard to users of the national ai r space sy stem or the public due the UAS’ s size, weight, speed, operational capability, pro x imity to ai r ports and popu lated areas, and operation within visual line of sight (VLOS). Fu r ther, the pr o posed oper ations do not pose a threat to national security.

ELOS’ petition is similar to Exemption No s

. 11062, 11109, 11112, and 11213 granted by the FAA in

all m a terial respec ts. In those Grants of Exemption, the FAA found that the e n hanced safety achieved using an UAS with the specifications described by the petitioner s where the UAS would be carrying no passengers or crew (as opposed to a manned aircraft of significantly grea ter pr o po rtions, carrying crew and flamm a ble fuel ) gave the FAA good cause to find that the UAS ope r ation s enabled by those exemption s were in the public i n teres t. Similarly, d escribed herein are the publicPage 2 of 16

interest s that may be served by granting an exemp tion to ELOS; ELOS’s proposed o p erations 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 e xemption 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 r emains specified distances away from ai r ports or heliports. If ELOS is provided with a Se c tion 333 exem ption, it will also comply with these cond i tions, making a blanket COA applicable.

Finally, in the event the FAA grants ELOS a Section 333 exemption an d then changes the appl i cable rules regarding UAS operation for commercial purposes to no longer require an UAS o p erator to possess at least a private pilot certificate and third

- class medical certif i cate, ELOS r e quests that it automatically be deemed to m eet the applicable requirements of the FAA regar d ing UAS oper ations for commercial pu r poses so that no additional l i cense or certificate is nece s sary.

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 throug h out the Gulf South, particu larly in Louisiana

. The company offers environmental consulting, r e search, and advisory services to a variety of clients, including individuals, businesses, organiz a tions, public agencies, and fede r al, state, and local governments

. ELOS provides a range of se r vices, including endangered species surveys, environmental pr o gram development, environme n tal monitoring, cu ltural resources management , mitig a tion consultation, wetland delineations, forest management,
wetland restoration, GIS |GPS mapping se r vices, en vironmental studies, and environmental compl iance

. It also works in oil and gas exploration, as well as in production and transmission activities

. ELOS’s co n sul t ing often involves i nspecting, documen t ing, and/or mon i toring :

- land parcels ( forest s and timbe r land ) , open space s , wetlands, and coast lines

- wildlife, including a quatic habitats and endangered species’ habitats

- conditions of various habitat s , wildlife, restricted activities, and changes due to natu ral,

man

- made, and extraordinary events

- archaeolog ical sites

- activities of landowners and other surface activities

- activities of exotic and invasive plant speciesPage 3 of 16

E LOS has been in operations since 2006. 1 It is based in Hammond, Louisiana, but works throughout the state and region. The company’s key envi ronmental staff is comprised of 10 pr o fessionals, re presenting 50+ years of experience

. ELOS works with various re gulat o ry and go v erning agencies on

a daily basis , i n cluding the U.S. Army Corps of Engineers, Department of Natural Resources, D epartment of E nvironme n tal Quality, U.S. Coast Guard, Department of Wil d life and Fisheries, and the

State Lands Office.

2. Public Interest in Grant ing Exemption to ELOS

The underlying purpose of all environmental services ELOS provides is protection of the env i ro nment 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 enviro n me n tally critical fo r est s, streams, rivers, wetlands, coastal resources

, wildlife , endangere d species, and other natural r esources . Especially in Louisiana, mon i toring levees, land mas s es, and coastal lines for the pu r poses of preserving life and land is crucial. In the private sector, delineating wetlands for prese r vation purposes or monitoring pipelines or co n struction project s all have protection of the env i ronment as
the primary goal.

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

colle c tion, photography, and videography with a UAS will also positively impact the public from a monetary perspective. For example, some public projects require annual e n vironmental mon i toring. Enabling ELOS to partially complete that work by using an UAS will benefit the public with reduced

costs and potential liab ility , as well as increased do c umentation and accuracy.

Also, ELOS’s ability to use a UAS for performing aerial data collection, photography, and video g r aphy 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 pr ivate clients. ELOS would also be able to view areas previously inaccess i ble or difficult to a s sess by

traditional means. Equally i mportant is the positive environ mental impact ELOS will make while providing its se r vices. ELOS’s ability to use a UAS will reduce direct and indirect environmental impacts from ground

based vehicular intrusion and noise. Also, the noise and air pollution assoc i ated with conventional

man ned 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, u se of a UAS instead of a he licopter or airplane has increased safety consi d erations. A UAS carries no passengers, pilot, or crew, thereby increasing safety for those individuals. A UAS has

no fla m mable fuel, increasing safety to the general public.

In summary, the FAA’s grant of E LOS’s petition would benefit the public as a whole by a l lowing

work r e lated to the environment to be completed more cost efficiently, more acc u rately, and with reduced costs and environmental impacts as compared to more traditional methods of ae r ial i nspec tion and data colle c tion, p hotography, and videography

. There are also safety benefits, in add ition to educational data and research opportunities ELOS may provide.

1 ELOS Enviro nmental, LLC formerly operated as Krebs LaSalle Environmental LLC, which commenced oper ations in 2006. The company ch anged its name to ELOS Enviro nmental, LLC in 2011.Page 4 of 16

3. ELOS’s Exemption Would Not Adversely Affect Safety

A. Proposed UAS

– DJI Pha ntom

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

and the DJI Phantom 3 ( an upgraded version ) to conduct aerial site inspe c tions, data co lle c tion, photo g raphy, and videography in connection with its various environmental co nsultin g projects

. ELOS requests exemptions for use of both ve r sions of the DJI Phantom (DJI

Phantom 2 Vision+ and DJI Phantom 3 (an upgraded version once it becomes avai l able) ). Following are specifications for the DJI Pha n tom 2 Vision+:

i. Flight Time

The Phanto m’s maximum flight time is 25 minutes

.

ii. Weight

The Phantom weigh s 2. 74 pounds.

iii

. Compass

The Phantom features a compass which reads geomagnetic information and assists the global position ing system (GPS) in accurately calculating the UAS’s positi on and alt itude . Importan t ly, it and other f eatures help ensure the oper a tor and UAS comply with all flight restrictions so as to “not create a hazard to users of the national ai r space sy stem or the public or pose a threat to national security ” as describe d by Se c tion 333(b)(1) of the FMRA.

i v

. 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 co ntrol ler 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 shiel d ed, anti

static compass described above. The Flight Control System features a f ai l s afe f un c tion

that aut o ma t ically activates under certain circumstances, such as if the rem ote c ontro ller is powered off, if the UAS has flown outside effective control range, if the signal b etween the UA S and the remote controller is blocked, or if there is a signal problem caused by interference. If act i vated, the f ailsafe f unction returns the Pha n tom back to its home point or start location and lands. Even if the GPS mode is not active, the fai lsafe function will execute a controlled d e scend and automati c landing.Page 5 of 16 v i

. No Fly Zone

The Phantom ’s software includes pre

- programmed “no fly zone s ” to increase flight safety and prevent accident al 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

.

v ii

. Other Flight Limitation s

T he Phantom ’s software p revent s the UAS from flying into restricted areas such as airports. The restricted areas include Class A safety zones (major internatio n al ai r ports)

where there is a no

- fly zone and restricted

- altitude zones and Class B safety zones (smaller airports), which i n cludes no

- fly and warn ing zone s

.

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 ai r port, the Pha n tom may fly may at a maximum altitude of 35 feet, which i n creases so that the Pha n tom can fly up to 400 feet if it is five miles from an ai r port.

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

automat i cally d escend to the restricted height. If there is a loss of GPS si g nal, the Pha nt om will land immediately once the signal returns. The operator can still con trol the
UAS; however, he ca n not make it ascend in altitude

.

v ii i

. Mobile Vision

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

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

i x

. Manufacturer Updates

DJI, the manufacturer, regularly updates its website and the DJI V ision applic a tion with
fixes, u pgrades, etc. The Phantom and associated mobile app can connect to r e ceive 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 ava il a ble 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 Tilt able 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 Te m pe ra ture 0 °C

- 40 °C

Sensor Size 1/2.3"
Effective Pixels 14 megapixels

Re solution 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 Compl i ance:
800m Receiver Sensitivity (1%PER)

- 93dBm

Transmitter Power CE Compliance: 25mW; FCC Compl i ance:
100mW Working Voltage 120 mA@3.7V

Built

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

Range Exten der
Operating Frequency 2412

- 2462MHz

Communication Distance (Open Area) 500

- 700 m

Transmitter Power 20dBm Power Consumption 2 W DJI Vision App

Mobile Device System R e quir e ment iOS version 6.1 or above ; Android sy stem ve r sion 4.0 or above

Mobile Devic e 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 si mi lar configur a tionPage 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 thr eat to
national secur i ty . As such, ELOS will operate the Phantom only u n der the fo l lo w ing cond itions:

Flight operations will be conducted only in daylight hours and under visual m e teor ological condi tions (VMC); The wind speed is not greater than 15 kn ots, which information is obtained from the nearest NOAA reporting station;

The a rea 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 f light pat h is at least 500 feet from all non

- participating persons, vessels, veh i cles

, and/or structures unless consent is granted or protective barr i ers / structures are in place; Flight operations present no hazard to the Pilot in Command (PIC) , Visual O b server ( VO) , trainees, or any other persons; Flight plan and schedule have been reviewed with and approved by ELOS lea d er ship;

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

In addition, ELOS has implemented procedures to make sure the Phantom is in a cond i tion

that is safe for every flight. Before initiating each flight, the UAS oper a tor /PIC will check the following items:

Phantom r emote control ler , smart battery, and range extender plus mobile d e vice are ful ly charged;

P ropeller s are mounted correctly; Gimbal clamp has been removed; Damping absorbers are in good condition and not broken or worn;

Anti

- drop k its have been mounted correctly;

C amera lens cap has been removed;

Micro

- SD ca rd has been inserted;

Gi mbal 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 a p proved by

ELOS lea der ship; Flight radius is limi ted to the property boundaries of ELOS’s client (or ELOS has ot h e rwise o b tained consent from property owner); VO is stationed at the required initial observation point according to the flight plan and

in view of the PI C ;
V O has means for continual verb al communication with PIC; There are no inoperable components of UAS; All required site safety permits are approved and in possession of the PIC;

Motors c an start and function as normal; and Flight Indicator Lights on the UAS verify that the h ome p oint is set to current loc a tion

.Page 8 of 16 The above items are to be verified on ELOS’s Pre

- Flight Checklist, which is attached her e to

as E x hibit A. After checking these items, the PIC must sign and date the Pre

- Flight Checklist

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

D. Radio Frequency (RF) Spectrum

The Phantom’s r emote c ontrol ler ground station (which is used for control of the UAS) has

an o p erating frequency of 5.278

– 5.85 GHz . It is F ederal Communications Commi s sion
(F CC ) compliant with a communication distance in an open area of 800 m (875 y ards ) . Fo llowing are other specif i cations:

Operating Frequency 5.728 GHz

- 5.85 GHz Communication Distance (open area) FCC Compliance: 800m Receiver Sensitivity (1%PER)

- 93dBm

Transmitter P ower 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)

E LOS will ensure the PIC directly responsible f or the operation of the Phantom on be half 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 certi f icate. The

PIC will also be required to have accumulated and logged a t 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 min i mum of five h ours as UAS pilot

, specif ically operating the Phantom 2 Vision+ , including acco mplishing at least three take

- offs and landings during dedicated training sessions in the pr eceding 90 days.

Finally, t he PIC will have demonstrated the ability to safely operate the Phantom in a ma nne r co n sistent with how it will be operated on ELOS’s behalf. This will include co m pleting evasive and emergency maneuvers and maintaining appropriate di s tances from people,
vessels, vehicles

, and structures.

F

. Medical Standards for the Pilot in Command (PIC)

T he 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, document a tion, data

colle c tion, and monitoring

, pho tography

, and videography, all in connection with e n v ironmental consulting, research, advisory, and business services it provides. ELOS’s cl ients include ind i viduals, businesses, organiz a tions, public agencies, and federal, state,Page 9 of 16 and local governments ; th us, the di f ferent types of services it provides to di f ferent types of clients vary widely. For e x ample, it works with public agencies and gover nments to perform work i n specting, doc u men t ing, and/or monitoring plants, animals, and land formations (as furthe r discussed in Se c tion 1). ELOS has also been retained to provide env i ronmental and construction monitoring

, mapping, and site inspection

.

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

acc u rate information to clien ts more efficiently , more often, and at less expense. In the case where a public agency or government is ELOS’s client, this ultimately translates i nto a reduction of taxpayer money required for the pr o ject. In addition , safety is i mproved and the risk to people and property is r e duced when compared to more trad itional means of obtaining the same i n fo r mation. Importantly, the env i ronmental 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 bot h ersome than a traditional

aircraft.

As ELOS’s services relate to environmental work, Phantom operations will likely be co nducted above non

- populated areas. Clients retain ELOS to provide data colle c tion,

monitor ing se r vices, etc. of plants, animals, and the land, so there is little risk that pe ople will be affected by ELOS’s operations of a UAS, which will not be co n ducted in u rban areas.

ELOS’s clients do not include airports, so no operations will occur within five miles of the g e ographic center of a non

- towered airport as denoted on current FAA

- published aeronautical chart unless a letter of agreement with that ai r port’s ma n agement is o btained and the oper a tion 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 env ironmental services rendered to its clients

. The UAS will be operated on ELOS’s clients’ private lan d

, u n less its client is a public agenc y o r federal, state, or local govern ment
that request such se r vices on public land . Before co m mencement 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 o p e rated by the PIC from any moving device or vehicle.

i ii. 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 t he UAS at that speed. ELOS will use the Pha ntom 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 ph o t ographs and video or make proper o b servations. Also, the Phantom’s flight time will be maximized by operating at a slower speed. When traveling to a specified section (andPage 10 of 16 over that of which there is no interest), the Pha n tom may be operated at a faster speed , but t he 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 vid e ogr a phy, inspe c tion, monitoring, etc.) require the aircr aft to be closer rather than far ther away from the ground to obtain good quality images and info r mation. Therefore, the alt itude at which all of the ELOS’s operations of the Phantom will be conducted will be b elow 400 feet. Additionally, the Phantom’s Flig ht Control System ensure s the UAS always operates below that level.

ELOS will not operate the Phantom less than 500 feet below or less than 2,000 feet ho rizo n ta l ly from a cloud when visibility is less than three miles from the PIC. I f the PIC e ncounters u npredicted obstacles or emergencies , including o b scured visibility, o per ations will be abor t ed immediately.

iv. Operation within VLOS

The Phantom w ill be operated within the visual line of sight o f the PIC at all times. This

r e quires the PIC to be able to use human vision unaided by any d e vice other than co rrective lenses. All operations will use a visual observer (VO), and t he VO may be used to satisfy the visual line of sight requirement as long as the VO always mai n tains 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 i n spect
the Phantom to ensure it is in a condition for safe flight

. If the inspe c tion r e veals a co ndition that affects the safe operation of the UAS, the flight will not co m mence until the necessary maintenance has been performed and the UAS is re

- inspected and found to be in a condition for safe flight. All maint e nance and alter a tions will be pro perly doc umented and filed in the U AS Inspe c tion and Maintenance Record Book. See also Exhibit

A

, ELOS’s “Pre

- Flight Chec k list”.

If the Phantom has undergone maintenance or alterations that affect UAS o p erations or flight characteristics , it must undergo a flight functional test. The PIC who co n ducts the flight fun c tional test will make an entry in the UAS ai r craft records of the flight

.

vi. Operating and Flight Precautions

The Phantom will not be operated directly over any person, except authorized and co nsenting 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 orig i nal takeoff poi nt. The Phantom’s flight will be aborted in the event of unpr e dicted 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 A uthorization (COA)

P rior to conducting any operations

, ELOS will obtain an Air Traffic Organization (ATO )

issued Certificate of Waiver or Authorization (COA) for the Phantom

. The Phantom a i rcraft will be identified with its serial number, registered and marked in accordance with applicable regul a tions, with such marking to be as large as practicable.

viii

. Flight User Manual

DJI’s F light User Manual for the Phantom will be available to the PIC at the ground co ntrol station a ny time the UAS is operatin g.

i x. Right of Way

The Phantom will remain clear of and yield the right of way to all manned ai r craft o p e rations at all times.

x. Accident Reports

Any incident, action, or flight operation that transgresses the lateral or vertical bound aries of t he operational area described in the applicable COA will be r e ported to the FAA’s Integration Office within 24 hours. Accidents will be r e ported to the N a tional Transportation Safety Board (NTSB)

. Further flight ope r ations will not be co n ducted u ntil the i ncident, accident, or tran s gression is r e viewed by the AFS

- 80 and authorization to resume is provided.

4. Relief Requested by ELOS

A. In General

Th e FAA is expected to release rules applicable to the operation of UASs for co m mer cial purposes next year. Un til such time, it is appropriate for the FAA to allow certain co m me rcial operations of small UAS s through the exemption process as Congress has d i rected the FAA “to safely accelerate the integration of civil u n manned aircraft systems i n to the natio nal airs pace system.” 2 ELOS’s pr o posed o p erations and restricted use of the Phantom; t he

U AS’s size and built

- in safety fe a tures; and the areas of operation in no way pose threats to the NAS or public, or create a national sec u rity issue.

B. Sp ecific Se ctions of Fe deral Aviation Regulations

ELOS requests exemptions from the following specific regulations:

14 CFR § 21, Subpart H

14 CFR § 45.21

14 CFR § 45.23(b)

1 4 CFR §45.25

14 CFR § 45.27

2 FMRA§ 332(a)(1)Page 12 of 16 14 CFR § 45.29

1 4 CFR § 61 .113(a) and (b)

14 CFR § 91.7(a)

14 CFR § 91.103

1 4 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 pr o c edures for the issuance of an airworthiness certificate. ELOS requests an exemption b ecause the Pha n tom meets an equivalent level of safety pursuant to Section 333 of the

FMRA due to its small size, light weight, and r emote

, rural operating enviro n ment.

ii. 14 CFR 45 .21: General

ELOS requests an exemption from 14 CFR 45.21 , which provides that except as pr o vi ded in §45.22, no person may operate a U.S. registered aircraft unless that aircraft di splays national i ty and registration marks in accordance with the r e quirements of this section and §§45.23 through 45.33

. Currently t here are no pr ocedures for o b tai n ing a registration mark for the UAS by the FAA , but ELOS is agreeable to having a registr ation number assigned an d to di s playing 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 oper a tor must also display on that aircraft near each entran ce to the cabin, cockpit, or pilot st ation, in letters not less than 2 inches nor more than 6 inches high, the words ‘li m ited,’ ‘restricted,’ ‘light

- sport,’ ‘experimental,’ or ‘provisio n al,’ as applicable.”

ELOS requests an exemption from this requiremen t since the Phantom does not have a cabin, cockpit, or pilot station entrance on or near which the r e quired 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 t he 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 mark ing r e quir e ments 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 o p erator of a

r o torcraft must display on that rotorcraft horizontally on both su r faces of the cabin, f uselage, 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 requir e ments of this section are not feasible, though the UAS will display the required marking in the largest practicable manner in conspicuous l o cations.

v i

. 14 CFR 45.29: Size of Marks

ELO S requests an exemption from 14 CFR 45.29 , which provides that the regi s tration marks for rotorcraft must be at least 12 inches high. D ue to its small size, the Pha n tom does not have a surface area large enough to display marks at least 12 inches high. The

UAS will di s play the required marking in the largest practicable manner in conspicuous

locations.

v ii

. 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 pr i vate p ilots from flying aircraft for compensation or acting as PIC unless the flight is only inc idental to that business or employment. Currently there are no standards for pr i vate or commercial UAS operations, and ELOS proposes using private pilots with a third class medical in support of its own operations. B e cause of the Phantom’s size, weight, speed,

and limited area where it would be operated by ELOS, a PIC with a private pilot’s l icense and the above described trai n ing and logged hours would e n sure p ublic safety and prevent any hazard s to the NAS.

v i i i

. 14 CFR 91.7(a): Civil Aircraft Airworthiness

ELOS requests an exemption from 14 CFR 91.7(a) , which provides that no pe r son may operate a civil aircraft unless it is in airworthy condition. If an e xem p tion from 14 CFR 21, Subpart H is granted, no airworthiness certificate will be required. Thus, this r equirement may be inappl i cable, assuming that airworthy condition means having an

airworthiness certificate. ELOS will, however, ensure that maintenan ce requirements are met, all preflight checks are completed, and an equivalent level of safety will be provi ded.

ix

. 14 CFR 91. 103: Preflight Action

ELOS requests an exemption from 14 CFR 91.103 , which requires the PIC to perform certain preflight inspe ctions before flight . T he PIC will take actions b e fore initiation of any flight to ensure the safety of the same, including perfor m ing the Phantom pr e flight

check and re vie w ing weather reports, forecasts, flight battery requirements, takeoff and landing di stances

, and aircraft perfo r mance data

.Page 14 of 16 x

. 14 CFR 9 1.105: Flight Crewmembers at Stations

ELOS requests an exemption from 14 CFR 91.105 as this section is no t applic a ble due

to the Phantom carrying no flight crewmembers

.

x i

. 14 CFR 91.119 (c) : Minimum Safe Altitudes

ELOS requests an exemption from 14 CFR 91.119 (c), which prohibits operating an ai rcraft 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, ve s s el, vehicle, or

structure

. ELOS’s petition requests authority to operate at alt i tudes 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 co n sent of the property owner, t h e equivalent level of safety will be achieved . There will be no i n creased hazard to the public or u s ers of

the NAS.

x i i

. 14 CFR 91. 121: Altimeter Settings

ELOS requests an exemption from 14 CFR 91.121, which requires an aircraft to be o p e rated by refere nce to an altimeter that is set to the elevation of the d e parture ai r port or an appropriate altimeter setting available before depar ture. The Phantom will not have

a barometric altim e ter, but instead a GPS altitude read out . Therefore, an exemption is

requ ested

. An equivalent level of safety will be achieved by the oper a tor 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.

x i ii

. 14 CFR 91.151(a): Fuel Req uirements for Flight in V FR Conditions

ELOS requests an exemption from 14 CFR 91.151(a) , which prohibits a person from b eginning a flight in an airplane under VFR conditions unless there is enough fuel to fly to the first point of intended landing and the n, during the day, for at least 30 minutes.

ELOS will operate the Phantom with an equivalent level of safety by termina t ing the flight a f ter 25 minutes or at a 25% battery power level ( whichever o c curs first ). The UAS

also features an aircraft battery mon itoring 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 Pha n tom at night

.

x iv

. 14 CFR 91.405(a) and (d); 91. 407(a)(1); 91. 409(a )(2); and

91. 417(a) and (b): Maintenance Inspections

E LOS 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 stan d ards. These se ctions and Part 43 only apply to aircraft with an airworth i ness certif i cate, so they are i napplicable to ELOS.

Instead, ELOS will perform maintenance in accordance with DJI’s Phantom U s er Ma nual and Phantom Pilot Training Guide , keeping a log of any maint e nance pe r formed . It

will al so i n spect the UAS and ensure it is in a condition safe for flight b e fore initiatingPage 15 of 16 any flight

. An equivalent level of safety will be achieved because t he Phantom is small in size and operates in a limited are a for limited periods of time

.

5. Summary f or the Federal Register

The following summary is provided for publ ication in the Federal Register, should it be d e te rmined 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) ; 1 4 C.F.R. §45.25 ;
14 C.F.R. § 45.27 ; 14 C.F.R. § 45.29 ; 1 4 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 colle c tion, ph otography, and videography, all in connection with env ironmental consulting services.

6. Conclusion

ELOS Environmental, LLC’s Petition for Ex emption satisfies the criteria set forth in the FMRA, and ELOS’s proposed operations would benefit the public and pose no threat to national s e c urity. 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 exem p tions a llowing ELOS to operate a UAS to perform aerial i n spection and data collection, ph o tograp hy, and videography in connection with it e n v i ronmental consulting services. Thank you in advance for your consideration.

Respectfully submitted,

Jennifer Lee

Counsel for ELOS Environmental, LLC_______ ___ __________

_________ ____________

Client

_______ ___

__________

_________ ____________ Flight Area

The PIC m ust verify the following before each flight:

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

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

th e 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 pres ent 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

T he 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

○ Com pass 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 o b tained 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 h ome p oint 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