Bruce Cain

Elevated Lens Photography

312 Oak Point Terrace

Mount Juliet, TN 37122

(615)947-5571

bruce@elevatedlens.com

January 12, 2016

U. S. Department of Transportation Docket Management System

1200 New Jersey Ave. SE 

Washington, DC 20590

Re: Exemption Request Section 333 of the FAA Reform Act and Part 11 

of the Federal Aviation Regulations from 14 C.F.R. 45.23 (b); 14 C.F.R. 

21; 14 C.F.R. 61.113 (a) & (b); 14 C.F.R. 91.7 (a); 14 C.F.R. 91.9 (b) (2); 

14 C.F.R. 91.103 (b); 14 C.F.R. 91.109; 14 C.F.R. 91.119; 14 C.F.R. 

91.121; 14 C.F.R. 91.151 (a); 14 C.F.R. 91.203 (a) & (b); 14 C.F.R. 

91.405 (a); 14 C.F.R. 91.407 (a) (1); 14 C.F.R. 91.409 (a) (2); 14 C.F.R. 

91.417 (a) & (b).

Dear Sir or Madam:

Pursuant to Section 333 of the FAA Modernization and Reform Act of 

2012 (the Reform Act) and 14 C.F.R. Part 11, Elevated Lens 

Photography, operator of Small Unmanned Aircraft Systems (“sUASs”) 

equipped to conduct aerial inspections, photography and videography of 

residential and commercial real estate, weddings, electrical power lines, 

wind turbines and cell towers, pipelines; filmmaking, cinematography, 

wildlife and forestry monitoring, aerial surveying, construction site 

inspection and monitoring, public entity support operations, aerial 

imaging for safety, aerial video and live video feed to assist with search 

and rescue operations under the authority and support of local authority 
officials; public and private use including television, public events, 

cinematography live feed and live news gathering, special events, 

research, risk management and assessment, motion picture production, 

surface mining, closed-set filming, and disaster and catastrophe events,

hereby applies for an exemption from the listed Federal Aviation 

Regulations (“FARs”) to allow commercial operation of its sUASs, so 

long as such operations are conducted within and under the conditions 

outlined herein or as may be established by the FAA as required by 

Section 333.

As described more fully below, the requested exemption would permit 

the operation of small, unmanned and relatively inexpensive sUAS 

under controlled conditions in the NAS that is 1) limited 2) 

predetermined 3) controlled as to access. Approval of this exemption 

would thereby enhance safety and fulfill the Secretary of 

Transportation’s (the FAA Administrator’s) responsibilities to 

“...establish requirements for the safe operation of such aircraft systems 

in the national airspace system.” Section 333(c) of the Reform Act.

The name and address of the applicant is: Elevated Lens Photography 

Attn: Bruce Cain

Ph: 615-947-5571

Email: bruce@elevatedlens.com.com Address: 312 Oak Point Terrace

Mount Juliet, TN 37122

Regulations from which the exemption is requested:

14 C.F.R. 21

14 C.F.R. 45.23 (b)

14 C.F.R. 61.113 (a) & (b) 14 C.F.R. 91.7 (a)

14 C.F.R. 91.9 (b) (2)

14 C.F.R. 91.103

14 C.F.R. 91.109

14 C.F.R. 91.119

14 C.F.R. 91.121

14 C.F.R. 91.151 (a)
14 C.F.R. 91.203 (a) & (b) 14 C.F.R. 91.405 (a)

14 C.F.R. 407 (a) (1)

14 C.F.R. 409 (a) (2)

14 C.F.R. 417 (a) & (b)

This exemption application is expressly submitted to fulfill Congress’ 

goal in passing Section 333 (a) through (c) of the Reform Act. This law 

directs the Secretary of Transportation to consider whether certain 

unmanned aircraft systems may operate safely in the national airspace 

system (NAS) before completion of the rulemaking required under 

Section 332 of the Reform Act. In making this determination, the 

Secretary is required to determine which types of UASs do not create a 

hazard to users of the NAS or the public or pose a threat to national 

security in light of the following:

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

• Operation of the UAS in close proximity to airports and populated 

areas; and • Operation of the UAS within visual line of sight of the 

operator.

Reform Act § 333 (a). Lastly, if the Secretary determines that such 

vehicles “may operate safely in the national airspace system, the 

Secretary shall establish requirements for the safe operation of such 

aircraft in the national airspace system.” Id. § 333 (c) (emphasis added).

The Federal Aviation Act expressly grants the FAA the authority to issue 

exemptions. This statutory authority by its terms includes exempting 

civil aircraft, as the term is defined under §40101 of the Act, that 

includes sUASs, from the requirement that all civil aircraft must have a 

current airworthiness certificate.

The Administrator may grant an exemption from a requirement of a 

regulation prescribed under subsection (a) or (b) of this section or any 

sections 44702-44716 of this title if the Administrator finds the 

exemption in the public interest. 49 U.S.C. § 44701 (f) See also 49 

U.S.C. § 44711 (a); 49 U.S.C. § 44704; 14 C.F.R. § 91.203 (a) (1).
The UAS proposed by Elevated Lens Photography are the DJI Phantom 

2, DJI Phantom 3, DJI Inspire 1, DJI Spreading Wings S800, DJI 

Spreading Wings S900, DJI Spreading Wings S1000, DJI Matrice 100, 

Cinestar 8 Okto XL, Altavian Nova F6500, Blade 350 QX3, AgEagle, 

3DRobotics X8, 3D Robotics Iris, 3D Robotics Solo, SenseFly eBee, 

Yuneec Q500 Typhoon, DraganFlyer X4-ES, Trimble UX5, Microdrones 

MD4, weighting 55 or fewer lbs. including payload. They operate, under 

normal conditions at a speed of no more than 87 knots and have the 

capability to hover, and move in the vertical and horizontal plane 

simultaneously. They will operate only in line of sight and will operate 

only within a predetermined and closed off property area under the 

permission of the property representative. Such operations will insure 

that the sUAS will “not create a hazard to users of the national airspace 

system or the public” as per the Reform Act Section 333 (b).

Given the small size of the sUASs involved and the restricted sterile 

environment within which they will operate, the applicant falls squarely 

within that zone of safety (an equivalent level of safety) in which 

Congress envisioned that the FAA must, by exemption, allow 

commercial operations of UASs to commence immediately. Also due to 

the size of the UASs and the restricted areas in which the relevant 

sUASs will operate, approval of the application presents no national 

security issue. Given the clear direction in Section 333 of the Reform 

Act, the authority contained in the Federal Aviation Act, as amended; the 

strong equivalent level of safety surrounding the proposed operations, 

and the significant public benefit, including enhanced safety, reduction 

in environmental impacts, including reduced emissions associated with 

allowing UASs for movie and commercial videography operations, the 

grant of the requested exemptions is in the public interest. Accordingly, 

the applicant respectfully requests that the FAA grant the requested 

exemption without delay.

AIRCRAFT AND EQUIVALENT LEVEL OF SAFETY

The applicant proposes that the exemption requested herein apply 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 because the proposed operations are conducted on 

closed off property under the permission of the property owner or 

property representative.

These limitations and conditions to which Elevated Lens Photography 

agrees to be bound when conducting commercial operations under an 

FAA issued exemption include:

1. The sUAS will weigh no more than 55 lbs. 

2. Flights will be operated within line of sight of a pilot and/or 

observer. 

3. Maximum total flight time for each operational flight will be 20 

minutes. Flights will be terminated at 30% battery power reserve 

should that occur prior to the 20 minute 

limit. 

4. Flights will be operated at an altitude of no more than 400 feet 

AGL or, not more than 200 feet above an elevated platform from 

which filming is planned. If a structure being filmed or 

photographed has a height which exceeds 400 feet AGL, the UAS 

will not exceed 100 feet in height above the highest point on that 

structure. 

5. Minimum crew for each operation will consist of the sUAS Pilot, 

and the Visual Observer.

6. sUAS Pilot will be Pilot in Command (PIC). The PIC will have a 

minimum of 40 hours of flight time with the specific sUAS 

equipment Elevated Lens Photography operates. The experience of 

the PIC will be certified by Elevated Lens Photography through 

background checks and, if necessary, testing. The PIC will also 

have passed the FAA Airman Knowledge Test for Private Pilots 

(Test Code: PAR or PRH). Elevated Lens Photography will 

maintain flight logs of all PICs it employs, and provide full 
transparency to the FAA regarding the logs and records of these 

PICs. 

7. Flights will be operated at a lateral distance of at least 100 feet 

from any inhabited structures, buildings, vehicles, vessels, or 

people not associated with the operation or who have not signed a 

waiver in advance of the operation. 

8. A briefing will be conducted in regard to the planned sUAS 

operations prior to each day’s production activities. It will be 

mandatory that all personnel involved with the operational duties 

of the flight within the boundaries of the safety perimeter be 

present for this briefing. 

9. The operator will file a FAA Form 7711-1, or its equivalent, as 

modified in light of the requested exemption, with the appropriate 

local Flight Standards District Office. 

10. The operator will obtain the consent of all persons involved in the 

filming and ensure that only consenting persons will be allowed 

within 100 feet of the flight operation, and this radius may be 

reduced to 30 feet based upon an equivalent level of safety 

determination. With the advanced permission of the relevant 

FSDO, operations at closer range can be approved.

11. PIC and Visual Observer will have been trained in the operation of 

the specific sUAS equipment used by Elevated Lens Photography, 

and received up-to-date information on the particular sUAS to be 

operated.

12. The PIC designated for any operation will have at least a Class 2 

medical certificate. 

13. Visual Observer and PIC will at all times be able to communicate 

by voice, radio, and/or text.
14. Written and/or oral permission from the relevant property holders 

or property representatives will be obtained.

15. All required permissions and permits will be obtained from 

territorial, state, county or appropriate governmental agencies.

16. If the sUAS loses communication with the PIC or loses its GPS 

signal, the sUAS will have the capability to return to a predetermined location within the Security Perimeter and land 

autonomously.

17. The sUAS will have the capability to abort a flight in case of 

unpredicted obstacles, weather, or emergencies.

14 C.F.R. Part 21, Subpart H: Airworthiness Certificates 14 C.F.R. 

§91.203 (a) (1)

Subpart H, entitled Airworthiness Certificates, establishes the procedural 

requirements for the issuance of airworthiness certificates as required by 

FAR §91.203 (a) (1). Given the size and limited operating area 

associated with the aircraft to be utilized by the

Applicant, an exemption from Part 21 Subpart H meets the requirements 

of an equivalent level of safety under Part 11 and Section 333 of the 

Reform Act. The Federal Aviation Act (49 U.S.C.§44701 (f)) and 

Section 333 of the Reform Act both authorize the FAA to exempt aircraft 

from the requirement for an airworthiness certificate, upon consideration 

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

airports and populated areas of the particular sUAS. In all cases, an 

analysis of these criteria demonstrates that the sUAS operated without 

an airworthiness certificate, in the restricted environment and under the 

conditions proposed will be at least as safe, or safer, than a conventional 

aircraft (fixed wing or rotorcraft) operating with an airworthiness 

certificate without the restrictions and conditions proposed.
The sUAS to be operated hereunder is 55 lbs. or less fully loaded, carries 

neither a pilot nor passenger, carries no explosive materials or 

flammable liquid fuels, and operates exclusively within a secured area. 

Unlike other civil aircraft, operations under this exemption will be 

tightly controlled and monitored by both the operator and under the 

requirements and in compliance with local public safety requirements, to 

provide security for the area of operation as is now done with 

conventional filming. The FAA will have advance notice of all 

operations. These safety enhancements, which already apply to civil 

aircraft operated in connection with motion picture and television 

production, provide a greater degree of safety to the public and property 

owners than conventional operations conducted with airworthiness 

certificates issued under 14 C.F.R. Part 21, Subpart H. Lastly, 

application of these same criteria demonstrates that there is no credible 

threat to national security posed by the sUAS due to its size, speed of 

operation, location of operation, lack of explosive materials or 

flammable liquid fuels, and inability to carry a substantial external load.

14 C.F.R. § 45.23 (b). Marking of the Aircraft

The regulation requires:

When marks include only the Roman capital letter "N" and the 

registration number is displayed on limited, restricted or light-sport 

category aircraft or experimental or provisionally certificated aircraft, 

the operator must also display on that aircraft near each entrance to the 

cabin, cockpit, or pilot station, in letters not less than 2 inches nor more 

than 6 inches high, the words "limited", "restricted", "light-sport", 

"experimental", or "provisional", as applicable.

Even though the sUAS will have no airworthiness certificate, an 

exemption may be needed as the sUAS will have no entrance to the 

cabin, cockpit or pilot station on which the word “Experimental” can be 

placed. Given the size of the sUAS, two-inch lettering will be 

impossible. The word “Experimental” will be placed on the fuselage in 

compliance with §45.29 (f).
The equivalent level of safety will be provided by having the sUAS 

marked on its fuselage as required by §45.29 (f) where the pilot, 

observer, and others working with the sUAS will see the identification of 

the sUAS as “Experimental”. The FAA has issued the following 

exemptions to this regulation as Exemption Numbers 10700, 8738, 

10167 and 10167A.

14 C.F.R. § 61.113 (a) & (b): Private Pilot Privileges and 

Limitations: Pilot in Command.

Sections 61.113 (a) & (b) limit private pilots to non-commercial 

operations. Because the sUAS will not carry a pilot or passengers, the 

proposed operations can achieve the equivalent level of safety of current 

operations by requiring the PIC operating the aircraft to have no less 

than 40 hours of flight time with the specific sUAS equipment Elevated 

Lens Photography operates. The experience of the PIC will be certified 

by Elevated Lens Photography through background checks and, if 

necessary, testing. The PIC will also have passed the FAA Airman 

Knowledge Test for Private Pilots (Test Code: PAR or PRH). Elevated 

Lens Photography will maintain flight logs of all PICs it employs, and 

provide full transparency to the FAA regarding the logs and records of 

these PICs. The PIC designated for any operation will have at least a 

Class 2 medical certificate. The risks associated with the operation of the 

sUAS are so diminished from the level of risk associated with 

commercial operations contemplated by Part 61 when drafted, that 

allowing operations of the sUAS by a PIC meeting the standards of 

Elevated Lens Photography (listed above) exceeds the present level of 

safety achieved by 14 C.F.R. § 61.113 (a) & (b).

Unlike a conventional aircraft that carries the pilot and passengers, the 

sUAS is remotely controlled with no living thing on board. The area of 

operation is controlled and restricted, and all flights are planned and 

coordinated in advance. Currently there are no pilot licenses that are 

specific for UAS operators, and no current FAA sanctioned pilot license 

of any type requires training with, and knowledge of, UAS equipment 

greater than the requirements Elevated Lens Photography uses to certify 
its PICs. Therefore, the requirement of any available FAA sanctioned 

pilot license to operate a sUAS does not make a PIC a more competent 

operator than one meeting the requirements of Elevated Lens 

Photography. Our company hopes the FAA develops a new Pilot License 

specific for UAS and sUAS commercial operation, one that sets high 

standards on the quality of pilots and increases the professionalism of 

our emerging industry. If the FAA does this, Elevated Lens 

Photography's PICs will be some of the first to file for these licenses. 

Our company would also be happy to work with the FAA to help 

develop the standards for new licenses, and any other regulations the 

FAA is developing for UAS operation.

14 C.F.R. § 91.7 (a): Civil aircraft airworthiness.

The regulation requires that no person may operate a civil aircraft unless 

it is in airworthy condition. As there will be no airworthiness certificate 

issued for the aircraft, should this exemption be granted, no FAA 

regulatory standard will exist for determining airworthiness. Given the 

size of the aircraft for maintenance, and use of safety check lists prior to 

each flight (summaries listed below), an equivalent level of safety will 

be provided. Summarized Safety Checklists:

1. Aircraft: All adjustment points will be checked for tightness; all 

motors and props will be inspected; all wiring will be double 

checked; all systems will be powered up and checked for errors. 

2. Battery: Confirmation will be made that batteries are fully charged 

and installed/connected properly. 

3. Calibration: Pre-flight motor/gyro calibration followed by 

confirmation of no errors with the flight and navigation systems. 

4. Transmitter: Confirm radio transmitter has sufficient charge, and is 

both working properly and receiving telemetry from the sUAS; 

confirm all switches are in pre-flight mode. 
5. Surroundings/Flight Area: Conduct one last visual inspection of the 

take-off surroundings and area of airspace sUAS will be operating 

in. Confirm all people in the surrounding areas are associated with 

the filming being done. 

6. Take-off Announcement: Before motors are started the PIC will 

announce to a designated Representative (person of authority) of 

the film crew that sUAS is ready to take-off. Only after the 

Representative has notified all persons within the surrounding 

areas, and confirmed to PIC that they have clearance to lift-off, 

will the motors be started and the sUAS will conduct its operation. 

7. Test Flight: A test flight will be conducted: after any disassembly/

reassembly; after replacement of any motors or flight electronics; 

after any pre-flight or in flight equipment errors that occur not 

resulting from environmental conditions; very first thing of any 

commercial operations day before filming begins; if there are any 

concerns about environmental conditions and potential issues with 

the flight path. 

14 C.F.R. § 91.9 (b) (2): Civil Aircraft Flight Manual in the Aircraft.

Section 91.9 (b) (2) provides:

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

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

§21.5 of this chapter, unless there is available in the aircraft a current 

approved airplane or Rotorcraft Flight Manual, approved manual 

material, markings, and placards, or any combination thereof.

The sUAS, given its size and configuration has no ability or place to 

carry such a flight manual on the aircraft, not only because there is no 

pilot on board, but because there is no room or capacity to carry such an 

item on the aircraft.

The equivalent level of safety will be maintained by keeping the flight 

manual at the ground control point where the PIC flying the sUAS will 
have immediate access to it. The FAA has issued the following 

exemptions to this regulation: Exemption Nos. 8607, 8737, 8738, 9299, 

9299A, 9565, 9565B, 10167, 10167A, 10602, 32827, and 10700.

14 C.F.R. § 91.103: Preflight action

This regulation requires each pilot in command to take certain actions 

before flight to insure the safety of flight. As FAA approved rotorcraft 

flight manuals will not be provided for the aircraft an exemption will be 

needed. The PIC will take all actions including reviewing weather, flight 

battery requirements, landing and takeoff distances and aircraft 

performance data before initiation of flight.

14 C.F.R. § 91.109: Flight instruction:

Section 91.109 provides that no person may operate a civil aircraft 

(except a manned free balloon) that is being used for flight instruction 

unless that aircraft has fully functioning dual controls. sUASs and 

remotely piloted aircraft, by their design do not have fully functional 

dual controls. Flight control is accomplished through the use of a control 

box that communicates with the aircraft via radio communications. The 

FAA has approved exemptions for flight training without fully functional 

dual controls for a number of aircraft and for flight instruction in 

experimental aircraft. See Exemption Nos. 5778K & 9862A. The 

equivalent level of safety is provided by the fact that neither a pilot nor 

passengers will be carried in the aircraft, and by the size and speed of the 

aircraft.

14 C.F.R. § 91.119: Minimum safe altitudes

Section 91.119 establishes safe altitudes for operation of civil aircraft. 

Section 91.119 (d) allows helicopters to be operated at less than the 

minimums prescribed, provided the person operating the helicopter 

complies with any route or altitudes prescribed for helicopters by the 

FAA. As this exemption is for a sUAS that is a helicopter and the 

exemption requests authority to operate at altitudes up to 400 feet AGL, 

or not more than 200 feet above an elevated platform from which 
filming is planned, an exemption may be needed to allow such 

operations. As set forth herein, the sUAS will never operate at higher 

than 400 feet AGL with the exception that in circumstances where the 

sUAS is used to survey or photograph a structure whose height exceeds 

400 feet AGL, the UAS will not be operated more than 100 feet above 

the highest point on the structure. It will however be operated in a 

restricted area with security perimeter, where buildings and people will 

not be exposed to operations without their pre-obtained consent.

The equivalent level of safety will be achieved given the size, weight, 

speed of the sUAS as well as the location where it is operated. No flight 

will be taken without the permission of the property owner or local 

officials. Because of the advance notice to the property owner and 

participants in the filming activity, all affected individuals will be aware 

of the planned flight operations. Compared to flight operations with 

aircraft or rotorcraft weighting far more than the maximum 50 lbs. 

proposed herein and the lack of flammable fuel, any risk associated with 

these operations is far less than those presently presented with 

conventional aircraft operating at or below 500 AGL in the movie 

industry. In addition, the low-altitude operations of the sUAS will ensure 

separation between these small UAS operations and the operations of 

conventional aircraft that must comply with Section 91.119.

14 C.F.R. § 91.121 Altimeter Settings

This regulation requires each person operating an aircraft to maintain 

cruising altitude by reference to an altimeter that is set “...to the 

elevation of the departure airport or an appropriate altimeter setting 

available before departure.” As the sUAS may not have a barometric 

altimeter, but instead a GPS altitude read out, an exemption may be 

needed. An equivalent level of safety will be achieved by the operator, 

pursuant to the safety check list and live flight data monitoring, 

confirming the altitude of the launch site shown on the GPS altitude 

indicator before flight.

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.”

The battery powering the sUAS provides no more than 30 minutes of 

powered flight. To meet the 30 minute reserve requirement in 14 C.F.R. 

§ 91.151, sUAS flights would not be possible due to the reserve 

requirement being equal to the maximum flight time. Given the 

limitations on the sUAS’s proposed flight area and the location of its 

proposed operations within a predetermined area, a longer time frame 

for flight in daylight or twilight VFR conditions is reasonable.

Applicant believes that an exemption from 14 C.F.R. § 91.151 (a) falls 

within the scope of prior exemptions. See Exemption 10673 (allowing 

Lockheed Martin Corporation to operate without compliance with FAR 

91.151 (a)). Operating the small UAS, in a tightly controlled area where 

only people and property owners or official representatives who have 

signed waivers will be allowed, with less than 30 minutes of reserve 

fuel, does not engender the type of risks that Section 91.151 (a) was 

intended to alleviate given the size and speed of the small UAS. 

Additionally, the limitations created by this requirement for sUAS 

flights would essentially make null any utility for which the exemption 

will be granted.

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

limiting flights to 20 minutes or 30% of battery power— whichever 

happens first. This restriction would be more than adequate to return the 

sUAS to its planned landing zone from anywhere in its limited operating 

area.

Similar exemptions have been granted to other operations, including 

Exemptions 2689F, 5745, 10673, and 10808.
14 C.F.R. § 91.203 (a) & (b): Carrying Civil Aircraft Certification 

and Registration

The regulation provides in pertinent part:

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

unless it has within it the following:

(1) An appropriate and current airworthiness certificate. . . .

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

certificate required by paragraph (a) of this section or a special flight 

authorization issued under §91.715 is displayed at the cabin or cockpit 

entrance so that it is legible to passengers or crew.

The sUAS fully loaded weighs no more than 55 lbs and is operated 

without an onboard pilot. As such, there is no ability or place to carry 

certification and registration documents or to display them on the sUAS.

An equivalent level of safety will be achieved by keeping these 

documents at the ground control point where the pilot flying the sUAS 

will have immediate access to them, to the extent they are applicable to 

the sUAS. The FAA has issued numerous exemptions to this regulation. 

A representative sample of other exceptions includes Exemption Nos. 

9565, 9665, 9789, 9789A, 9797, 9797A, 9816A, and 10700.

14 C.F.R. § 91.405 (a); 407 (a)(1); 409 (a)(2); 417 (a) & (b): 

Maintenance Inspections

These regulations require that an aircraft operator or owner “shall have 

that aircraft inspected as prescribed in subpart E of this part and shall 

between required inspections, except as provided in paragraph (c) of this 

section, have discrepancies repaired as prescribed in part 43 of this 

chapter...,” and others shall inspect or maintain the aircraft in 

compliance with Part 43.

Given that these sections and Part 43 apply only to aircraft with an 

airworthiness certificate, these sections will not apply to the applicant. 
Maintenance and inspections will be done in accordance with the sUAS 

Manufacturer's Manual, and will be performed by employees of 

Elevated Lens Photography following the guidelines and practices 

provided to us by the sUAS Manufacturer. An equivalent level of safety 

will be achieved because these small UASs are very limited in size and 

will carry a small payload and operate only in restricted areas for limited 

periods of time. If mechanical issues arise the sUAS can land 

immediately and will be operating from no higher than 400 feet AGL. 

The PIC will ensure that the sUAS is in working order prior to initiating 

flight, perform required maintenance, and keep a log of any maintenance 

performed. Moreover, the PIC is the person most familiar with the 

aircraft and best suited to maintain the aircraft in an airworthy condition 

to provide the equivalent level of safety.

Additional Views and Information

Elevated Lens Photography has realized the amazing benefits sUAS 

equipment can provide to the film and television industries. It not only 

provides new cinematography capabilities, but also increased safety over 

current and past practices that used larger and more dangerous 

equipment. Our company wants to have the highest levels of safety and 

professionalism, and one thing essential to this is achieving a path to 

commercial licensing with the FAA. We believe this will help reduce 

unsafe practices, discourage improper uses, and improve public 

perception. The commercial manufacture and use of sUAS equipment 

will create more jobs for the United States and help boost the economies 

in many sectors, and we want to help the FAA in creating regulations 

that will allow incorporation of UAS devices into our country's airspace 

for commercial use.

*********

Pursuant to 14 C.F.R. Part 11, the following summary is provided for 

publication in the Federal Register, should it be determined that 

publication is needed:

Applicant seeks an exemption from the following rules:

14 C.F.R. § 21, subpart H; 14 C.F.R 45.23 (b); 14 C.F.R. § 61.113 (a) & 
(b); 91.7 (a); 91.9 (b)(2); 91.103 (b); 91.109; 91.119; 91.121; 91.151(a); 

91.203 (a) and (b); 91.405 (a); 91.407 (a)(1); 91.409 (a)(2); 91.409 (a)

(2) and 91.417 (a) & (b) to operate commercially a small unmanned 

vehicle (55 lbs or less) in photography, motion picture, television, and 

commercial videography operations.

Approval of exemptions allowing commercial operations of sUASs in 

the film industry will enhance safety by reducing risk. Conventional film 

operations, using jet or piston power aircraft, operate at extremely low 

altitudes just feet from the subject being filmed and in extreme 

proximity to people and structures; and present the risks associated with 

vehicles that weigh in the neighborhood of 4,000lbs., carrying large 

amounts of jet A or other fuel (140 gallons for jet helicopters.) Such 

aircraft must fly to and from the film location. In contrast, a sUAS 

weighing fewer than 55 lbs. and powered by batteries eliminates 

virtually all of that risk given the reduced mass and lack of combustible 

fuel carried on board. The sUAS is carried to the site. The sUAS will 

carry no passengers or crew and, therefore, will not expose them to the 

risks associated with manned aircraft flights.

The operation of small UASs, weighting less than 55 lbs., conducted in 

the strict conditions outlined above, will provide an equivalent level of 

safety supporting the grant of the exemptions requested herein, including 

exempting the applicant from the requirements of Part 21 and allowing 

commercial operations. These lightweight aircraft operate at slow 

speeds, close to the ground, and in a sterile environment and, as a result, 

are far safer than conventional operations conducted with turbine 

helicopters operating in close proximity to the ground and people.

Privacy

All flights will occur over private or controlled access property with the 

property representative or owner’s prior consent and knowledge. 

Filming will be of people who have also consented to being filmed or 

otherwise have agreed to be in the area where
filming will take place. All flights will occur in accordance with any 

state or local laws regarding privacy.

Satisfaction of the criteria provided in Section 333 of the Reform Act of 

2012--size, weight, speed, operating capabilities, proximity to airports 

and populated areas and operation within visual line of sight and 

national security – provide more than adequate justification for the grant 

of the requested exemptions allowing commercial operation of 

applicant’s sUAS equipment in the photography, motion picture, 

television, and commercial videography industry.

Sincerely,

Bruce Cain

Elevated Lens Photography