Elevated	Vue

490	River	Crest	Dr	N

Helena,	AL	35080

205.337.8030

dan@elevatedvue.com

18	July	2015

U.S.	Department	of	Transportation,	Docket	Operations

West	Building	Ground	Floor,	Room	W12-140

1200	New	Jersey	Avenue,	SE

Re:		Amendment	to	Exemption	No.	11630,	Regulatory	Docket	No.		FAA-2015-0600	issued	to	Elevated	Vue	

LLC	pursuant	to	Section	333	of	the	FAA	Reform	Act.

Dear	Sir	or	Madam:

Elevated	Vue	LLC was	issued	exemption	No.	11630	on	20	May,	2015	allowing	the	petitioner	to	operate	a	

UAS	to	“conduct	aerial	photography	and	videography.”		Elevated	Vue	LLC hereby	requests	an	amendment	

to	the	exemption	that	will	allow	other	UASs	(described	below)	as	well	as	closed	set	motion	picture	

filming.

Quick	Reference	Summary:

- Types	of	aircraft	to	be	flown

o 3D	Robotics	Solo

o 3D	Robotics	X8

o DJI	S1000	(previously	granted	in	exemption	No.	11733)

o DJI	S900	(previously	granted	in	exemption	No.	11280)

- The	manuals	for	all	four	UAS	have	been	placed	in	the	docket

- The	amended	operations	would	include	previous	allowances	stated	above,	and	add	aerial	video	

and	“photography	for	motion	picture,	television,	and	the	content	creation	industry	for	

scripted	closed	set	filming.”		This	is	exactly	as	Exemption	No.	11284.

- We	already	agree	to	all	the	restrictions	listed	in	Exemption	No.	11284	which	are	listed	below.		

However,	if	the	reviewer	is	able	under	a	summary	petition,	we	ask	to	be	granted	the	battery	

reserve	restrictions	in	Exemption	No.	11062	(“Each	UAS	operation	must	be	completed	within	30	

minutes	flight	time	or	with	25%	battery	power	remaining,	whichever	occurs	first.”) instead	of	

Exemption	No.	11284	(“intended	operation	and	to	operate	after	that	for	at	least	five	minutes	or	

with	the	reserve	power	recommended	by	the	manufacturer	if	greater.”)		If	evaluating	the	

alternative	25%	reserve	restriction	would	cause	delay	in	granting	the	amendment,	we	

immediately	agree	to	the	5	minute	reserve	from	Exemption	No.	11284	that	is	listed	below.

Based	upon	the	FAA’s	recent	guidance,	this	petition	for	amendment	is	eligible	for	summary	exemption	

and	should	be	granted	immediately.
Elevated	Vue	LLC	requests	that	the	publication	and	comment	procedures	be	waived	in	accordance	

with	14	C.F.R.	§ 11.87 which states:

§ 11.87 Are there circumstances in which the FAA may decide not to publish a summary of 

any petition for exemption?

The FAA may not publish a summary of your petition for exemption and request comments 

if you present or we find good cause why we should not delay action on your petition. The 

factors we consider in deciding not to request comment include:

1. Whether granting your petition would set a precedent

2. Whether	the	relief	requested	is	identical	to	exemptions	granted	previously

3. Whether	our	delaying	action	on	your	petition	would	affect	you	adversely

4. Whether	you filed	your	petition	in	a	timely	manner

Corresponding	to	the	above	sub-sections,	Elevated	Vue	LLC	has	good	cause	to	request	the	FAA	to	waive	

the	comment	period	and	not	delay	action	on	the	petition	because:

1. Elevated	Vue LLC	would	not	set	any	precedent.		Elevated	Vue	LLC agrees	to	the	same	exact	

limitations	as	Exemption	No.	11284,	except	we	are	proposing	to	additionally	operate	a	DJI	S900,	

which	has	been	evaluated	previously	and	granted	in	Exemption	No.	11280,	a	DJS1000	which	has	

been	evaluated	previously	and	granted	in	Exemption	No.	11733.		The	3D	Robotics	Solo	and	X8	

have	similar	specifications	to	the	DJI	S900	and	S1000	and	fall	within	the	FAA	proposed	

“Operational	Limitations”	as	outlined	in	“Summary	of	Major	Provisions of	Proposed	Part	107”

2. Elevated	Vue	LLC	agrees	to	the	same	exact	limitations	as	Exemption	No.	11284

3. Delaying	the granting	of	this	petition	for	amendment	would	adversely	affect	the	public,	the	FAA,	

and	Elevated	Vue	LLC.		The	public,	as	well	as	the	FAA,	would	be	better	served	by	the	FAA	quickly	

granting	this	petition	and	thereby	freeing	up	limited	FAA	resources	and	allowing	FAA	inspectors	

to	dedicate	their	time	and	attention	to	much	higher	priorities.		Moreover,	Elevated	Vue	LLC	is	

adversely	affected	by	the	above	listed	regulations.

4. This	petition	for	amendment	has	been	filed	in	a	timely	manner
Aircraft	and	Equivalent	Level	of	Safety

Elevated	Vue	LLC	proposes	that	the	amendment	requested	herein	applies	to	civil	aircraft	that	have	the	

characteristics	and	that	operate	with	the	limitations	listed	herein.		These	limitations	provide	for	at	least	

an	equivalent	or	even	higher	level	of	safety	to	operations	under	the	current	regulatory	structure.

These	limitations	and	conditions	are	identical	to	Exemption	No.	11284	except	for	the	difference	in	

aircraft.		Elevated	Vue	LLC	agrees	to	be	bound	when	conducting	commercial	UA	operations.		This	list	of	

limitations	and	conditions	include	the	following (amendment	request	in	bold	and	italics):

1. Operations	authorized	by	this	grant	of	amendment	are	limited	to	the	3D	Robotics	Solo,	3D	

Robotics	X8,	DJI	S900,	and	DJI	S1000	when	weighing	less	than	55	pounds	including	payload.		

Proposed	operations	of	any	other	aircraft	will	require	a	new	amended	petition.

2. Operations	for	the	purpose	of	closed-set	motion	picture	and	television	filming	are	permitted

3. The	UA	may	not	be	operated	at	a	speed	exceeding	87	knots	(100	miles	per	hour).		The	exemption	

holder	may	use	either	groundspeed	or	calibrated	airspeed	to	determine	compliance	with	the	87-

knot speed	restriction.		In	no	case	will	the	UA	be	operated	at	airspeeds	greater	than	the	maximum	

airspeed	recommended	by	the	aircraft	manufacturer.

4. The	UA	must	be	operated	at	an	altitude	of	no	more	than	400	feet	above	ground	level	(AGL).		

Altitude	must	be	reported	in	feet	AGL.

5. The	UA	must	be	operated	within	visual	line	of	sight	(VLOS)	of	the	PIC	at	all	times.		This	requires	

the	PIC	to	be	able	to	use	human	vision	unaided	by	an	device	other	than	corrective	lenses,	as	

specified	on	the	PIC’s	FAA-issued	airman	medical	certificate	or	U.S.	driver’s	license.

6. All	operations	must	utilize	a	visual	observer	(VO).		The	UA	must	be	operated	within	the	VLOS	of	

the	PIC	and	VO	at	all	times.		The	VO	may	be	used	to	satisfy	the	VLOS	requirement	as	long	as	the	

PIC	always	maintains	VLOS	capability.		The	VO	and	PIC	must	be	able	to	communicate	verbally	at	

all	times;	electronic	messaging	or	texting	is	not	permitted	during	flight	operations.		The	PIC	must	

be	designated	before	the	flight	and	cannot	transfer	his	or	her	designation	for	the	duration	of	the	

flight.		The	PIC	must	ensure	that	the	VO	can	perform	the	duties	required	of	the	VO.

7. This	exemption	and	all	documents	needed	to	operate	the	UAS	and	conduct	its	operations	in	

accordance	with	the	conditions	and	limitations	stated	in	this	grant	of	exemption	are	hereinafter	

referred	to	as	the	operating	documents.		The	operating	documents	must	be	accessible	during	the	

UAS	operations	and	made	available	to	the	Administrator	upon	request.		If	a	discrepancy	exists	

between	the	conditions	and	limitations	in	this	exemption	and	the	procedures	outlined	in	the	

operating	documents,	the	conditions	and	limitations	herein	take	precedence	and	must	be	

followed.		Otherwise,	the	operator	must	follow	the	procedures	as	outlined	in	its	operating	

documents.		It	is	the operator’s	responsibility	to	track	such	revisions	and	present	updated	and	

revised	documents	to	the	Administrator	or	any	law	enforcement	official	upon	request.		The	

operator	must	also	present	updated	and	revised	documents	if	it	petitions	for	extension	or	

amendment	to	this	grant	of	exemption.		If	the	operator	determines	that	any	update	or	revision	

would	affect	the	basis	upon which	the	FAA	granted	this	exemption,	then	the	operator	must	

petition	for	an	amendment	to	its	grant	of	exemption.		The	FAA’s	UAS	Integration	Office	(AFS-80)	

may	be	contacted	if	questions	arise	regarding	updates	or	revisions	to	the	operating	documents.
8. Any	UAS	that	has	undergone	maintenance	or	alterations	that	affect	the	UAS	operation	or	flight	

characteristics,	e.g.	replacement	of	a	flight critical	component,	must	undergo	a	functional	test	

flight	prior	to	conducting	further	operations	under	this	exemption.		Functional	test	flights	may	

only	be	conducted	by	a	PIC	with	a	VI	and	must	remain	at	least	500	feet	from	other	people.		The	

functional	test	flight	must	be	conducted	in	such	a	manner	so	as	not	to	pose	an	undue	hazard	to	

persons	or	property.

9. The	operator	is	responsible	for	maintaining	and	inspecting	the	UAS	to	ensure	that	it	is	in	a	

condition	for	safe	operation.

10. 		Prior	to	each	flight,	the	PIC	must	conduct	a	pre-flight	inspection	and	determine	the	UAS	is	in	a	

condition	for	safe	flight.		The	pre-flight	inspection	must	account	for	all	potential	discrepancies,	e.g.	

inoperable	components,	items,	or	equipment.		If	the	inspection	reveals	a	condition	that	affects	the	

safe	operation	of	the	UAS,	the	aircraft	is	prohibited	from	operating	until	the	necessary	

maintenance	has	been	performed	and	the	UAS	is	found	to	be	in	a	condition	for	safe	flight.

11. The	operator	must	follow	the	UAS	manufacturer’s	maintenance,	overhaul,	replacement,	

inspection,	and	life	limit	requirements	for	the	aircraft	and	aircraft	components.

12. Each	UAS	operated	under	this	exemption	must	comply	with	all	manufacturer	safety	bulletins.

13. Under	this	grant	of	exemption,	a	PIC	must	hold	either	an	airline	transport,	commercial,	private,	

recreational,	or	sport	pilot	certificate.		The	PIC	must	also	hold	a	current	FAA	airman	medical	

certificate	or	a	valid	U.S.	driver’s	license issued	by	a	state,	the	District	of	Colombia,	Puerto	Rico,	a	

territory,	a	possession,	or	the	Federal	government.		The	PIC	must	also	meet	the	flight	review	

requirements	specified	in	14	CFR	§ 61.56 in an aircraft in which the PIC is rated on his or 

her pilot certificate.

14. The operator may not permit any PIC to operate unless the PIC demonstrates the 

ability to safely operate the UAS in a timely manner consistent with how the UAS will 

be operated under this exemption, including evasive and emergency maneuvers and 

maintaining appropriate distances from persons, vessels, vehicles and structures. PIC 

qualification flight hours and currency must be logged in a manner consistent with 14	

CFR	§ 61.56(b). Flights for the purposes of training the operator’s PICs and VOs 

(training, proficiency, and experience-building) and determining the PIC’s ability to 

safely operate the UAS in a manner consistent with how the UAS will be operated 

under this exemption are permitted under the terms of this exemption. However, 

training operations may only be conducted during dedicated training sessions. 

During training, proficiency, and experience-building flights, all persons not essential 

for flight operations are considered nonparticipants, and the PIC must operate the UA 

with appropriate distance from nonparticipants in accordance with 14 CFR § 91.119.

15. UAS operations may not be conducted during night, as defined in 14 CFR § 1.1. All 

operations must be conducted under visual meteorological conditions (VMC). Flights 

under special visual flight rules (SVFR) are not authorized

16. The UA may not operate within 5 nautical miles of an airport reference point (ARP) as 

denoted in the current FAA Airport/Facility Directory (AFD) or for airports not denoted 

with an ARP, the center of the airport symbol as denoted on the current FAA 

published aeronautical chart, unless a letter of agreement with that airport’s 

management is obtained or otherwise permitted by a COA issued to the exemption 
holder. The letter of agreement with the airport management must be made available 

to the Administrator or any law enforcement official upon request. 

17. The UA may not be operated less than 500 feet below or less than 2,000 horizontally 

from a cloud or when visibility is less than 3 statute miles from the PIC.

18. If the UAS loses communications or loses its GPS signal, the UA must return to a 

predetermined location within the private or controlled-access property.

19. The PIC must abort the flight in the event of unpredicted obstacles or emergencies.

20. The PIC is prohibited from beginning a flight unless (considering wind and forecast 

weather conditions) there is enough available power for the UA to conduct the 

intended operation and to operate after that for at least 5 minutes or with the reserve 

power recommended by the manufacturer if greater.

21. Air Traffic Organization (ATO) Certificate of Waiver or Authorization (COA). All 

operations shall be conducted in accordance with an ATO-issued COA. The 

exemption holder may apply for a new or amended COA if it intends to conduct 

operations that cannot be conducted under the terms of the attached COA.

22. All aircraft operated in accordance with this exemption must be identified by serial 

number, registered in accordance with 14 CFR part 47, and have identification (N 

number) markings in accordance with 14 CFR part 45, Subpart C. Markings must as 

large as practicable.

23. Documents used by the operator to ensure the safe operation and flight of the UAS 

and any documents required under 14 CFR §§ 91.9 and 91.203 must be available to 

the PIC at the Ground Control Station of the UAS any time the aircraft is operating. 

These documents must be made available to the Administrator or any law 

enforcement official upon request.

24. The UA must remain clear and give way to all manned aviation operations and 

activities at all times

25. The UAS may not be operated by the PIC from any moving device or vehicle

26. All flight operations must be conducted at least 500 fee from all nonparticipating 

persons, vessels, vehicles, and structures unless:

a. Barriers or structures are present that sufficiently protect nonparticipating 

persons from the UA and/or debris in the event of an accident. The operator 

must ensure that nonparticipating person remain under such protection. If a

situation arises where nonparticipating persons leave such protection and are 

within 500 feet of the UA, flight operations must cease immediately in a 

manner ensuring the safety of nonparticipating persons; and

b. The owner/controller of any vessels, vehicles or structures has granted 

permission for operating closer to those objects and the PIC has made a safety 

assessment of the risk of operating closer to those objects and determined 

that it does not present an undue hazard.

The	PIC,	VO,	operator	trainees	or	essential	persons	are	not	considered	nonparticipating	persons	under	

this	exemption.
27. All	operations	shall	be	conducted	over	private	or	controlled-access	property	with	permission	

from	the	property	owner/controller	or	authorized	representative.		Permission	from	property	

owner/controller	or	authorized	representative	will	be	obtained	for	each	flight	to	be	conducted

28. Any	incident,	accident,	or	flight	operation	that	transgresses	the	lateral	or	vertical	boundaries	of	

the	operational	area	as	defined	by	the	applicable	COA	must	be	reported	to	the	FAA’s	UAS	

Integration	Office	(AFS-80)	within	24	hours.		Accidents	must	be	reported	to	the	National	

Transportation	Safety	Board	(NTSB)	per	instructions	contained	on	the	NTSB	web	site:	

www.ntsb.gov.

For	the	purpose	of	closed-set	motion	picture	and	television	filming	and	production,	the	following	

additional	conditions	and	limitations	apply.

29. The	operator	must	have	a	motion	picture	and	television	operations	manual	(MPTOM)	as	

documented	in	the	grant	of	exemption

30. At	least	3	days	before	aerial	filming,	the	operator	of	the	UAS	effected	by	this	exemption	must	

submit	a	written	Plan	of	Activities	to	the	local	Flight	Standards	District	Office	(FSDO)	with	

jurisdiction	over	the	area	of	proposed	filming.		The	3-day	notification	may	be	waived	with	the	

concurrence	of	the	FSDO.		The	plan	of	activities	must	include	at	least	the	following:

a. Dates	and	times	for	all	flights

b. Name	and	phone	number	of	the	operator	for	the	UAS	aerial	filming	conducted	under	

this	grant	of exemption

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	and	certificate	number	of	UAS	PICs	involved	in	the	aerial	filming

f. A	statement	that	the	operator	has	obtained	permission	from	the	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

h. A	description	of	the	flight	activity,	including	maps	or	diagrams	of	an	area,	city,	town,	

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

to	accomplish	the	operation

31. Flight	operations	may	be	conducted	closer	than	500	feet from	participating	persons	

consenting	to	be	involved	and	necessary	for	the	filming	production,	as	specified	in	the	

exemption	holder’s	MPTOM
Statutory	Criteria	Provided	in	Section	333

14	C.F.R.	§ 91.151(a): Fuel Requirements for Flight in VFR Conditions

Section 91.151(a) prohibits an individual from beginning “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.”

Applicant believes that an equivalent level of safety can be achieved by restricting 

operations to “be completed within 30 minutes flight time or with 25% battery power 

remaining, whichever occurs first.” Exemption No. 11062, at page 27.

If, however, the above limitations are not satisfactory to the Administrator, the petitioner is 

prepared, in the name of expediency, to accept limited the PIC from beginning a UAS flight 

unless (considering wind and forecast weather conditions and assuming normal cruising 

speed) “there is enough available power for the UA to conduct the intended operation and to 

operate after that for at least five minutes or with the reserve power recommended by the 

manufacturer if greater.” Exemption No. 11284, at page 5.

Conclusion

The	proposed	amendment	to	the	existing exemption	No.	11630 includes	additional	UAS	models:

1. 3D	Robotics	Solo

2. 3D	Robotics	X8

3. DJI	S900 (previously	granted	in	exemption	No.	11280)

4. DJI	S1000	(previously	granted	in	exemption	No.	11733)

The	proposed	amendment	to	the	existing	exemption	No.	11630	also	includes	aerial	video	and	

“photography	for	motion	picture,	television,	and	the	content	creation	industry	for	scripted	closed	set	

filming.”		This	is	exactly	as	Exemption	No.	11284.

Sincerely

Dan	Jernigan

President	– elevatedVUE	LLC