September 22 , 2015

U.S. Department of Transportation Docket Operations, M
- 30 1200 New Jersey

Avenue, SE Room W12

- 140, West Building Ground Floor Washington, DC 20590

- 0001 Re: **Petition of Elevated Solutions**  **for an Exemption Pursuant to Section 333 of the FAA**  **Modernization and Reform Act of 2012 to Operate an Unmanned Aircraft System** 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 Solutions hereb y applies for an exemption from the Federal Aviation Regulations identified below to allow for the commercial operation of the DJ I PHANTOM 2, DJ I PHANTOM 3 (“PHANTOM”), DJ I INSPIRE I (“ INSPIRE”) , DJ I MATRI CE 100 (“ MATRICE”) , DJ I Spreading Wings S800/S900/S1000 (“SPREADI NG WI NGS”) all of which are manufactured b y DJ I Innovations. Additionally the BLADE CHROMA (“BLADE”) distributed by Horizon Hobbies , the SPRI TE (“SPRI TE”) manufactured by Ascent Aeros ys tems, and the LILY (“LILY ”) manufactured b y Lily . Where all equipment is being referenced they

will be referenced as (“ THE EQUIPMENT”). **I. REGULATIONS FOR WHICH EXEMPTION IS REQUESTED**  Elevated Solutions requests exemption from the following regulations:

 14 C.F.R Part 21, Subpart H;  14 C.F.R Part 27;  14 C.F.R § 45.23(b);  14 C.F.R. § 45.27(a);  14 C.F.R § 61.113;  14 C.F.R § 91.7(a);  14 C.F.R § 91.9(b)(2);  14 C.F.R § 91.9(c);  14 C.F.R § 91.103;  14 C.F.R § 91.109(a);  14 C.F.R § 91.119;  14 C.F.R § 91.121;  14 C.F.R § 91.151(a) & (b)  14 C.F.R § 91.203 (a) & (b);  14 C.F.R § 91.405(a);  14 C.F.R § 91.407(a)(l);  14 C.F.R § 91.409(a)(2); 14 C.F.R § 91.417 (a) & (b).

**II. STATUTORY AUTHORITY FOR REQUESTED EXEMPTIONS**  This petition for exemption is submitted in accordance with Section 333 of the Ref orm Act. Congress has directed the FAA “to safely accelerate the integration of civil unmanned aircraft sy stems into the national airspace sy stem.” Pursuant to Section 333 of the Reform Act, the FAA Administrator is to permit operation of an unmanned aircraft s ys tem where it does not create a hazard to users of the national airspace system (NAS) or the public or pose a threat to national security based on the following considerations:

 The size, weight, speed and operational capability ;  Operation in proximity to airports and populated areas; and  Operation within visual line of sight of the operator. Furthermore, the Federal Aviation Act grants the FAA Administrator general authority to grant exemptions from the agency ’s safety regulations and minimum standards when the Administrator decides a requested exemption is in the public interest. See 49 U.S.C. §§ 106(f), 44701

- 44716, et seq. A party requesting an exemption must explain the reasons wh y the exemption: (1) would benefit the public as a whole, an d (2) would not adversely affect safet y or how it would provide a level of safety at least equal to the existing rules. 14 C.F.R. § 11.81. **III. DESCRIPTION OF**  **ELEVATED SOLUTIONS AND ITS SERVICES**  Elevated Solutions seeks to utilize UAV's in order to provide safe, reliable services to private and public entities looking to expand their services while minimizing cost, reducing risk, and improving safety

. The contact information for the petitioner, Elevated Solutions , is as follows: James Kienholz, P.E. Ann Keinholz Founder / President Founder / Vice President Elevated Solutions, LLC Elevated Solutions, LLC 6470 Sandy

Ridge Ct 6470 Sandy Ridge Ct. Firestone, CO 80504 Firestone, CO 80504 303.848.2246 303.848.2246 **IV. DESCRIPTION OF PROPOSED OPERATIONS**  Elevated Solutions is requesting exemptions from applicable Federal Aviation Regulations (FARs) pursuant to Section 333 of the Reform Act to perform aerial photography , videography , and cinematograph y not limited to but including: weddings, wedding events, both public and private parties or events, residential/commercial/agricultural real estate, filmmaking, television broadcasting and news

- gathering, special events including high schools, colleges, professional sports, open air events, fairs and fundraisers, company advertising. Photograph y and videography of utility infrastructure not limited to but including: electrical power lines, wind tur bines, cell towers, pipeline inspection, bridges, silos, flare stacks, and power generation systems.  Conduct aerial inspections, surveys, monitoring of, and research support, not limited to but including: safety inspections, risk assessment, wildlife, fore stry , agricultural, livestock, mining, and construction site operations and work sites.  Aid in search

- and

- rescue operations, disaster and catastrophe events, patrolling, security , police work, or surveillance all done under the authority of local authority officials.  Training individuals or their companies both private and public to increase awareness and improve safety for current and future UAS operations.  Provide security surveillance for farmers, ranchers, and other public/private contracts. **A. The**  **Airc raft**  Elevated Solutions will operate the DJ I PHANTOM 2, DJIPHANTOM 3 (“PHANTOM”), DJ I INSPIRE I (“INSPIRE”), DJIMATRI CE 100 (“MATRI CE”), DJ I Spreading Wings S800/S900/S1000 (“SPREADING WINGS”) all of which are manufactured by DJ I Innovations. Additional the BLADE CHROMA (“BLADE”) distributed by Horizon Hobbies, the SPRI TE (“SPRI TE”) manufactured by Ascent Aeros ys tems, and the LILY (“LILY”) manufactured by Lil y. The PHANTOM is a battery operated quadcopter with a maximum flight time of 25 minut es. The vehicle weighs approximately 2.75 pounds with a maximum takeoff weight of approximately

2.75 pounds. It has fixed landing gear, vibration dampers, small frame air incline and minimalized gimbal mount, which allows for a 110 degree of view from the camera. Although the vehicle’s ground speed has a maximum of 25 mph, it will be operated between 2 and 1 5 miles per hour, and it will operate at or below 400 feet AGL. The INSPIRE is a battery operated quadcopter with a maximum flight time of 18 minutes . The vehicle weighs approximately 5.3 pounds with a maximum takeoff weight of approximately 7.5 pounds. It has retractable landing gear, vibration dampers, small frame air incline and minimalized gimbal mount which allows for a 94 degrees of view from t he camera. Although the vehicle’s ground speed has a maximum of 49 mph, it will be operated between 2 and 5 miles per hour, and it will operate at or below 400 feet AGL. The MATRI CE is a battery operated quadcopter with a maximum flight time of 18 minutes. The vehicle weighs approximately 5.3 pounds with a maximum takeoff weight of approximately 7.5 pounds. The MATRI CE is a fully customizable and programmable flight platform. It is equipped with DJI’s eas y- to
- fl y technology and optimized for easy programming through the DJ I SDK. The MATRI CE has guidance which is a revolutionary visual sensing s ys tem. With a powerful processing core, integrated visual cameras, ultrasonic sensors, and the most advanced computer vision algorithms in the world. Guidance includes five sensor modules and one central processor. Guidance continuously

scans the nearby

environment and detects obstacles in real time. When used with a DJ I flight controller, it can tell your flight system to automatically avoid collision,even at high speeds. Guidance ’ s vision positioning s ys tem is effective at altitudes of up to 65

feet (20 meters)

. DJ I ’ s new N1 flight controller keeps the MATRICE stable and responsive

. The MATRI CE has an upgraded version of the respected DJ I E800 electric propulsion sy stem. Four powerful, brushless motors and four lightning fast Electronic Speed Controllers are integrated into the platform, providing complete control during flight. The MATRI CE has an e nhanced GPS with a foldable mount helps track the MATRI CE ’s position in real time, while enabling faster satellite acquisition, more accurate position holding and flight planning. The PHANTOM’s, INP IRE’s and MATRI CE’s manufacturer’s specifications are shown in the Appendix of the Quick Start Guide and the USER Manuals for each airframe. The inherent safety features, sophistication, programmability , GPS navigation, return home capability , airport vicinity no - fly feature and restricted altitude feature, as well as differentiating radio frequency

(rf) for aircraft controller/receiver and for the camera make this a much safer UAV for the purposes of this petition. These are hobby grade radio controlled UAVs that has the capacity for software upgrades. It is light, less than 3 and 8 pounds respectively including battery and camera. Incorporated into the programming of the PHANTOM, INSPIRE, and MATRI CE is an automatic return home feature that automatically directs the craft back to point of take

- off should communication with the transmitter be lost. The Phantom has a cruising speed of 15 knots, with a maximum speed of 29 knots. Maximum flight time is 25 minutes. Gross weight is 2.75 pounds. The Inspire has a cruising speed of 15 knots, with a maximum speed of 42 knots. Maximum flight time is 18 minutes. Gross w eight is 7.49 pounds. The PHANTOM, INSPIRE, and MATRI CE have a communication link between the camera and aircraft allowing the operator or Pilot in Command (PI C) to monitor battery level, altitude (AGL), distance from PIC, camera imagery , and also control camera angle. The software for the PHANTOM, INSPIRE, and MATRI CE allows the operator or PIC to set maximum altitude AGL for each flight, allowing customization of flights to no higher than 100 feet, 150 feet, or 250 feet AGL as examples. The 400 foot max imum AGLis by default programmed into the UAV's software pre

- flight to insure compliance with FAA standards adding to the safety capabilities of this UAV. This UAV is programmed to remain in position when controls are released, maintaining altitude and GP S location. The PHANTOM, INSPIRE, and MATRI CE have an altitude and radar monitoring function that allows the operator more precise determination of height, direction of flight and distance from the operator/PIC. The operator/PIC can monitor GPS lock status while the UAV is in flight, with the ability

to anticipate loss of GPS locking so the operator/PIC can land the UAV as a precaution. The SPREADI

NG WINGS is a vertical takeoff and landing (VTOL) Unmanned Aircraft (UA) with a Ground Control Station (GCS ) utilizing electronic laptop, tablet, or smart phone s ys tems. The DJ I SPREADING WI NGS has a maximum gross weight of approximately 8.2kg, while having a length of 0.9m, a width of 0.9m, a height of 0.6m, and a maximum speed of approximately

20 knots. The D JI SPREADING WI NGS UAS is equipped with six main electric powered rotors driven b y L ithium Poly mer batteries. The multi

- rotor can carry a payload of upto 13 pounds, and has been operated with a payload of high

- resolution DSLR cameras, infrared

cameras, and video cameras for photography , videography , geospatial analy sis and photogrammetry

. DJISpreading Wings S800 1. Specifications a. Frame Diagonal Wheelbase 800mm b. Frame Arm Length 350mm c. Frame Arm Weight (with Motor, ESC, Propeller) 356g d. Center Frame Diameter 240mm e. Center Frame Weight 550g f. Landing Gear Size 460mm(Length)×425mm(Width)×320mm(Height) (Top width: 155mm) g. Retractable Landing Gear Weight (Including Battery Tray) 1050g 2. Motor a. Stator Size 41×14mm b. KV 400rpm/V c. Max Power 500W d. W eight (with Cooling Fan) 158g 3. ESC a. Current 40A OPTO b. Voltage 6S L iPo c. Signal Frequency

30Hz ~ 450Hz d. Drive PWM Frequency 8KHz e. Weight (with Radiators) 35g 4. Foldable Propeller (1552) a. Material Engineering plastic Size 15×5.2 inch b. Weight 13g 5. Flight Parame ters a. Takeoff Weight 6.0Kg ~ 8.0Kg b. Total Weight 3.7Kg c. Power Battery

L iPo (6S 、 10000mAh~15000mAh 、 15C(Min)) d. Max Power Consumption 3000W Hover e. Power Consumption 800W(@ Takeoff Weight 6.7Kg) f. Hover Time Max: 20 min (@15000mAh & 6.7KgTakeoff Weight) g. Working Environment Temperature

- 10 ~ +40 C The DJ I S800 has been approved for commercial operations in Exemption Nos. 11252 and 11225. DJISpreading Wings S900 1. Aircraft a. Diagonal Wheelbase

– 900mm b. Frame Arm Length

– 358mm c. Frame Arm Weight

– 316g d. Center Fr ame Diameter

– 272mme. Center Frame Weight

– 1185g

2. Propulsion a. Stator Size

– 41x14mm b. kV

– 400rpm/V c. Max Power

– 500W d. Weight (witch Cooling Fan)

– 158g 3. ESC a. Working Current

– 40A b. Working Voltage

– 6S LiPo c. Signal Frequency

(Hz)

– 30~450 d. Drive PWM Frequency

– 8kHz e. Weight (with Radiators)

– 35g 4. Propeller a. Size 15x5.2 inch b. Weight

– 13g 5. Flight Parameters a. Takeoff Weight Minimum

– 3.3kg b. Takeoff Weight Maximum

– 8.2kg c. Power Battery

– LiPo 6S 10Ah

– 20Ah 15C(Min) d. Max Power Consumption

– 3 kW e. Hover Power Consumption

– 1kW f. Approximate Flight Time

– 20 min. g. Working Environment Temperature

– - 10C ~ +40C h. Hover Accuracy

(Ready to Fly)

– Vertical: 0.8m Horizontal: 2.5m i. Max Yaw Angular Velocity

– 200deg/s j. Max Tilt Angle

– 35deg k. Max Ascent Sp eed

– 6m/s l. Max Descent Speed

– 2 m/s m. Max Flight Speed

– 15m/s (NOT RECOMMENDED) The DJ I S900 has been approved for commercial operations in Exemption Nos. 11224, 11240, 11250, 11256, 11279, 11280, 11295 and 11305. DJISpreading Wings S1000 1. Frame a. Diagonal Wheelbase 1045mm b. Frame Arm Length 386mm c. Frame Arm Weight (Including Motor, ESC, Propeller ) 325g d. Center Frame Diameter 337.5mm e. Center Frame Weight (With L anding Gear Mounting Base, Servos) 1330g f. Landing Gear Size 460mm (Length) ×511mm (Width) ×305 mm (Height), (Top width: 155 mm) 2. Motor a. Stator Size 41×14mm b. KV 400rpm/V c. Max Power 500Wd. Weight(With Cooling Fan) 158g

3. ESC a. Working Current 40A b. Working Voltage 6S LiPo c. Signal Frequency

30Hz ~ 450Hz d. Drive PWM Frequency 8KHz e. Weight(With Radiators) 35g 4. Foldable P ropeller (1552/1552R) a. Material High strength performance engineered plastics b. Size 15×5.2inch c. Weight 13g 5. Flight Parameters a. Takeoff Weight 6.0Kg ~ 11.0Kg b. Total Weight 4.2Kg c. Power Battery

L iPo (6S 、 10000mAh~20000mAh 、 15C(Min)) d. Max Power Consumption 4000W e. Hover Power Consumption 1500W (@9.5Kg Takeoff Weight) f. Hover Time 15min (@15000mAh & 9.5Kg Takeoff Weight) g. Working Environment Temperature

- 10 °C ~ +40 °C 6. Gain Value Settings a. For A2 Flight Controller i. Basic: Roll 120%, Pitch 120%, Yaw 120% ii. Attitude: Roll 170%, P itch 170%, Vertical 120% b. For WooKong
- M Flight Controller i. Basic: Roll 180%, Pitch 180%, Yaw 120% ii. Attitude: Roll 180%, Pitch 180%, Vertical 120% The DJ I S1000 has been approved for commercial operations in Exemption Nos. 11280, 11279, 11278, 11863, 11260, 11253, 11228, 11160, and 11161

. Blade Chroma 1. Motor to Motor Distance: 15.7 in (400mm) 2. Rotor Ty

pe: Quadcopter 3. Prop Diameter: 10.2 in (260mm) 4. Approximate Flight Time: 30 minutes 5. Battery : 11.1V 3S 5400mAh L i

- Po 6. Height: 9.50 in (242mm) 7. Weight: 45.9 oz (1.3 kg) 8. Motor Ty

pe: 4 × 780Kv Brushless Outrunner 9. Control L ink: 2.4GHz 10. Video L ink: 5.8GHz 11. Video L ink Range: 1,970 ft (600m) 12. Satellite Navigation Sy stem: GPS, GL ONASS 13. Completion Level: Ready

- to
- FlySprite

1. Fully autonomous autopilot with GPS, including way point navigation, "follow me", and return to home 2. 2

- axis stabilized gimbal compatible with GoProTM 3. Real

- time telemetry 4. Fully enclosed, compact, ultra

- durable 5. Users can define geo

- fencing and altitude limits through Sprite's flight control sy stem 6. Dimensio ns & Performance a. Airframe is constructed mostly of injection molded ABS b. Length: 13.2 inches (350mm) c. Diameter: 3.8 inches (100mm) d. Weight: 2.6 lbs. (1,200g) with battery and standard camera e. Displacement: 215 cu. in. (3,520 cc) f. Endurance: approximately 10

- 12 minutes on a 11.1v L iPo battery (gearing, blade and motor optimization is ongoing) g. Speed: up to 10 m/sec h. Range: 10 minutes at 10 m/sec = 6km under autonomous flight i. Signal range: depends on equipment. Ty pically 2km +/

- , up to 50km possible with long range gear j. Telemetry

link is available in both 433MHz and 915MHz. The optional transmitter for conventional, manual flight control is a 2.4GHz sy stem. Lil y 1. Dimensions L1 0.29” x W10.29” x H3.22” 2. Weight 2.8 lbs 3. Battery

& Power a. Built in L ithium

- ion Battery b. 20 mi n flight time c. Waterproof rating IP67 4. Flight a. Max Altitude

– 50’ above head b. Min Altitude

– 5’ above head c. Max Distance from user

– 100’ d. Min Distance from user

– 5’ 5. Sensors a. Accelerometer b. Three Axis Gy

ro c. Magnetometer d. Barometer e. GPS f. Front & Bottom Facing Camera Considering the programmability and safety features of these UAVs, it serves as the best option to protect the Public and NAS for the purposes of this petition.Similarities, Distinctions and Differences

Elevated Solutions is using a UAV that has the c apability for taking off and landing at a single point, identical to a helicopter. There are no runways, aided take off apparatuses, nor routes that need to be flown to areas being aerial video recorded or photographed. Allowing a reduced and more confined area of flight. The motors, rotors, propellers, body /frame, landing pads, etc. for the UAV utilized in this petition are not complicated. Engineering and design allows lay man maintenance. Pre

- flight inspections for cracks, damage or other ph ys ical condi tions that could hamper safe flight will be conducted prior to an y and all missions. Post flight inspections will also be conducted in order to aid in identifying flight conditions that may cause stress to propellers, landing gear, etc. Thorough inspection of the UAV shall be conducted and flight response tested should a hard landing or crash occur insuring that the UAV can operate in a safe manner before conducting any further missions. Like the Astraeus Petition Petitioner Elevated Solutions requests waiver or exemption for markings due to the small size of the fuselage for THE EQUIPMENT

. Petitioner Elevated Solutions requests modification, waiver or exemption and clarification (within reason) concerning section 91.119 prohibition of flight in conge sted areas. Petitioner Elevated Solutions requests waiver for this condition to allow reasonable and responsible videograph y in congested areas of subdivisions and neighborhoods. In compliance with Section 90.151 (a) THE EQUIPMENT are battery operated UAV/UAS with battery level monitoring capability . Full y charged battery flight time is rated at 18

- 25 minutes, with videos/photos taking much less time to record. Operator or PI C is warned when battery level is low. Petitioner Elevated Solutions requests waiver/exemption from Section 91.203 (a) since the Phantom is a hobby

grade UAV/UAS that should not require an airworthiness certificate. Posting of special flight authorization would not be possible since THE EQUIPMENT have no cabin and are not large eno ugh to carry a certificate. However, a special flight authorization can be maintained by

the operator to make available upon request. **B. Elevated Solutions**  **Proposed Operations Demonstrate an Equivalent Level of Safety 1.**  **General Description of Proposed Flight Operations**  Elevated Solutions proposes to operate within the limitations and performance specifications listed in the USER MANUAL S (see attachments) , which are summarized below. These limitations provide for at least an equivalent, or higher, level of sa fety for operations under the current regulatory

structure because the proposed operations represent a safety enhancement to the protocols.The proposed operations do not create an y hazard to users of the national airspace s ys tem or pose

a threat to natio nal security . The aircraft is a battery operated quad copter with a maximum flight time of 18

- 25 minutes. THE EQUIPMENT weighs approximately 2.6

– 25 pounds. It has vibration dampers and small frame air incline. The vehicle’s ground speed has a maximum of 2 5
- 49 mph but it will be operated between 2 and 5 miles per hour, and it will operate at or below 2 00 feet AGL. Manned aircraft are at risk of fuel spillage and fire in the event of an incident or accident. THE EQUIPMENT carries no fuel, and therefore the risk of fire following an incident or accident due to fuel spillage is eliminated. Compared to manned aircraft, the unmanned aircraft being operated b y the petitioner reduces the risk to participating persons in close pro ximity to the aircraft due to the limited size, weight, operating conditions, and design safety features of THE EQUIPMENT
. The FAA has determined that the risk of not having an electronic means to monitor and communicate with other aircraft, such as trans ponders or sense and avoid technology , is mitigated b y placing limits on altitude, requiring stand

- off distance from clouds, permitting day time operations onl y, requiring that the aircraft be operated within visual line of sight , and requiring THE EQUIPMEN T to yi eld right of way to all other manned operations. Additionally , the operator will request a NOTAM prior to operations to alert other users of the NAS. See Exemption No. 11062, Docket No. FAA 2014

- 0352, at p. 13

. The petitioner’s aircraft has the cap ability to operate safely

after experiencing certain in

- flight failures, as specified in the USER MANUAL regarding Return to Home (RTH) specifically low battery RTH and failsafe RTH . The aircraft is also able to respond to a lost

- link event with a pre coo rdinated, predictable, automated flight maneuver. **2. Reasons why the exemption would not adversely affect safety or how the**  **exemption would provide a level of safety at least equal to the existing rule.** Given the small size involved, the restricted environment within which they will operate, the procedures listed below, and pilot certification requirements, Elevated Solutions proposed operations using THE EQUIPMENT would “not create a hazard to users of the national airspace sy stem or the public or pose a threat to national security .” Reform Act Section 333(b ) ( 1). 1. The aircraft will be identified by serial number, registered with the FAA, and have identification (N

-Number) markings as large as practicable. 2. Flights will be operated within visual line of sight of the pilot in command (PI C). 3. Prior to each flight, a zero altitude initiation point will be established and confirmed for accuracy

by PI C. 4. Maximum flight time for each operational flight will be approximately 15

- 20 minutes. 5. The aircraft will be saf ely landed with no less than the greater of (a) 20% battery life remaining or (b) three minutes of flight time remaining. 6. The aircraft will be operated during daylight and in VFR conditions.7. Flights will be operated at a lateral distance of at least 50 fee t from an y persons or property not associated with the operation who have not given prior permission. 8. Flights will be limited to a groundspeed of 5

- 10 mph. 9. Minimum crew for each flight will consist of a PIC and an Observer. 10. The PI C will possess at least a private pilot certificate and a valid state driver’s license. 11. Any designee from Elevated Solutions will have completed a Basic Operator Course for THE EQUIPMENT

. 12. Prior to the flight, a Mission Plan will be created setting forth the limitations for the flight as well as contact information for the PIC. 13. The flight operations will yield the right of way to other manned aircraft operations. 14. All persons who are not involved with flight operations w ill be required to stay 5 0 feet from the edge of the flight operation perimeter. 15. Elevated Solutions will provide NOTAM details to the FAA 24 hours prior to each flight. 16. All required permissions and permits will be obtained from territory , state, county or city jurisdictions prior to flight. 17. Prior to commencing ope rations, Elevated Solutions will obtain a Certificate of Waiver or Authorization (COA) from the FAA if flying above 200 feet AGL. 18. If the aircraft loses communications, it will have the capability to return to a pre determined location within the operationa l area and land. 19. If the aircraft loses its GPS signal it will have the capability of being flown manually to a predetermined location within the operational area and land. 20. The flight will be aborted in case of unpredicted obstacles or emergencies. 21. Each fli ght will be recorded in an Operations L og Book. 24. Maintenance on the aircraft will be recorded in a Maintenance Lo g Book. **3. Flight Recovery, Lost Communications, and Lost GPS Procedures**  The flight recovery , lost communications, and lost GPS procedures are fu lly documented in the attached User Manuals. **V. SPECIFIC FAR EXEMPTIONS REQUESTED**  Elevated Solutions seeks an exemption from several interrelated provisions of 14 C.F.R. Parts 21, 45, 61, and 91 for purposes of conducting the requested operations THE EQUIPMENT
. Listed below are (1) the specific FAR sections for which exemption is sought, and (2) the operating procedures and safeguards that Elevated Solutions has established which will ensure a level of safety

better than or equal to the rules from whic h exemption is sought. See 14 C.F.R. § 11.81 (e). **A. 14 C.F.R. Part 21, Subpart H** 

**– Airworthiness Certificates and 14 C.F.R.** 

**§ 91.203(a)(1)**The FAA has stated that no exemption is needed from this section if a finding is made under the

Reform Act that the UAS selected provides an equivalent level of safety when compared to aircraft normall y used for the same application. These criteria are met, and therefore no exemption is needed. See Grant of Exemption to Astraeus Aerial, Docket No. FAA 2014

- 0352 at 13

- 14 , 22. If, however, the FAA determines that there are some characteristics of THE EQUIPMENT that fail to meet the requirements of the Reform Act, an exemption is requested. **Equivalent Level of Safety:** THE EQUIPMENT are safe when taking into account its siz e, weight, speed, and operational capability

. THE EQUIPMENT weighs approximately 2.6

- 25 pounds and either wil l be flown at speeds of 5
- 10 miles per hour, and in visua l line of sight of the operator
. THE EQUIPMENT do not carry pilots, passengers, explosive materials, or flammable liquid fuels. THE EQUIPMENT will be operated within the parameters of the User Manuals. Elevated Solutions will also provide the FAA with advance notice of all operations via a NOTAM and c oordination with the local Flight Standards District Office ( FSDO ) . The proposed operations will be at least as safe as, or safer than, conventional rotorcraft operating with an airworthiness certificate without the restrictions and conditions proposed her e.

**B. 14 C.F.R. Part 27 Airworthiness Standards: Normal Category Rotorcraft**  14 C.F.R. Part 27 sets forth the procedural requirements for airworthiness certification of normal category rotorcraft. To the extent THE EQUIPMENT would otherwise require certification under Part 27, Elevated Solutions seeks an exemption from Part 27’s airworthiness standards for the same reasons identified in the request for exemption from 14 C.F.R. Part 21, Subpart H.

**C. 14 C.F.R. §§ 45.23(b), 45.27(**  **a) and 91.9(c): Aircraft Marking and Identification Requirements**  14 C.F.R. §45.23(b), Markings of the Aircraft states: When marks include only the Roman capital letter “N” and the registration number is displayed on limited, restricted or light

- sport cat egory 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 “lim ited,” “restricted,” “light

- sport, “experimental ,” or “provisional,” as applicable. 14 C.F.R. § 45.27(a) states: **Rotorcraft.** Each operator of a rotorcraft must display on that rotorcraft horizontally on both surfaces of the cabin, fuselage, boom, or tail the marks required by § 45.23. 14 C.F.R. § 91.9(c) states: No person may

operate a U.S.

- registered civil aircraft unless that aircraft is identified in accordance with part 45 of this chapter.In a previous Grant of Exemption, the FAA determined that e xemption from these requirements

was warranted provided that the aircraft “have identification (N

-Number) markings in accordance with 14 CFR part 45, Subpart C if the markings are “as large as practicable.” See Exemption No. 11062, Docket No. FAA 2014

- 0352 , at p. 14. **Equivalent Level of Safety:** Elevated Solutions will mark all THE EQUIPMENT with their N

Number in a prominent spot on the fuselage with markings that are as large as practicable.

**D. 14 C.F.R. § 61.113: Private Pilot Privileges and Limitations**  Elevated Solutions seeks exemption from 14 CFR § 61.113, which restricts private pilots from flying aircraft for compensation or hire and would also require a second class medical certificate. The purpose of Part 61 is to ensure that the skill and competen cy of any PIC matches the airspace in which the PIC will be operating, as well as requiring certifications if the pilot is carryi ng passengers or cargo for hire. While THE EQUIPMENT will be operated as part of a commercial operation, they carry neither pa ssengers nor cargo. In the Grant of Exemption in FAA Docket No. FAA

- 2014

- 0352, the FAA determined that the unique characteristics of UAS operation outside of controlled airspace did not warrant the additional cost and restrictions attendant with requiring the PI C to have a commercial pilot certificate and a class II medical certificate. The FAA has also determined that the required knowledge for a commercial pilot covers the same fundamental principles as a private pilot. The PI C will possess at least a sp ort pilot certificate, a third class medical certificate, and w ill have completed a Basic Operator Course for THE EQUIPMENT . This is a 1

- day program that includes ground school and flight training. The FAA stated in its grant of an exception to Astraeus Aerial the “the FAA considers the overriding safety

factor for the limited operations proposed by the petitioner to be the airmanship skills acquired through UAS

- specific flight cycles, flight time, and specific make and model experience, culminating in verification through testing.” See Exemption No. 11062, Docket No. FAA 2014

- 0352, at p. 18. The proposed operations can achieve an equivalent level of safety b y requiring the knowledge and experience in THE EQUIPMENT operations described above. The restrictions Elevated Solutions has placed on THE EQUIPMENT operations meet or exceed the restrictions similarly

imposed on Astraeus Aerial in FAA Docket No. FAA

- 2014

- 0352. Elevated Solutions will operate in restricted areas (the s ites) away from persons and property not involved in the operation. The aircraft will be flown based on VLOS at or below 400 feet AGL, so as to accommodate flight operations on specified s ites. A NOTAM will be issued at least 24 hour s before the flight is to occur, and the flight will be coordinated with the applicable FSDO.

**E. 14 C.F.R.**  **§ 91.7(a): Civil Aircraft Airworthiness** Elevated Solutions seeks an exemption from 14 C.F.R. § 91.7(a), which requires that a civil

aircraft be in airworth y condition to be operated. The FAA has stated that no exemption is required to the extent that the requirements of Part 21 are waived or found inapplicable. Ac cordingl y, Elevated Solutions requests that the requirements for Section 91.7 be treated in accordance with FAR Part 21 Subpart H. See Grant of Exemption No. 11062, p. 19.

**F. 14 C.F.R. § 91.9(b)(2): Civil Aircraft Flight Manual in the Aircraft;**  **14 C.F.R. §§**  **91.203(a) and (b): Carrying Civil Aircraft Certification and Registration**  Pursuant to 14 C.F.R. § 91.9(b)(2): (b)No person may

operate a U.S.

- registered civil aircraft

-

... (2)For which an Airplane or Rotorcraft Flight Manual is required b y § 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. Pursuant to 14 C.F.R. § 91.203(a) and (b): (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. Elevated Solutions does not request an exemption from this section but instead notifies the FAA that, in accordance with FAA Office of Chief Counsel’s Opinion dated August 8, 2014, the UAS flight manual, registration certificate and other documentation will be kept at the control station with the PI C during flight. The Chief Counsel’s Office has hel d that for all UAS operations, this alternate method constitutes full compliance with the regulations. See also Grant of Exemption No. 11062, pp. 19

- 20, and Grant of Exemption No. 8607.

**G. 14 C.F.R.**  **§ 91.103: Preflight Action**  Elevated Solutions seeks an exe mption from 14 C.F.R. § 91.103, which requires a PI C to become familiar with specific information before each flight, including information contained in the FAA

- approved Flight Manual on board the aircraft. The aircraft will not have a Flight Manual on board. The PIC will take all actions including reviewing weather, flight battery requirements, landing and takeoff distances and aircraft performance data before initiation of flight. Under these circumstances, the FAA has stated that no exemption is required

. See Grantof Exemption No. 11062, p. 20. An exemption is requested to the extent that an FAA

approved Flight Manual is required. **Equivalent Level of Safety:** An equivalent level of safety will be provided by following the User Manuals. The PIC will take all required preflight actions

- including performing all required checklists and reviewing weather, flight requirements, battery charge, landing and takeoff distance, aircraft performance data, and contingency landing areas

- before initiation of flight. The User Manuals will be kept at the ground station ; with the operator at all times.

**H. 14 C.F.R.**  **§ 91.109(a): Flight Instruction**  Elevated Solutions seeks an exemption from 14 C.F.R. § 91.109(a), which provides that “[n]o 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.” UASs and remotely piloted aircraft, b y their design, do not have functional dual controls. Instead, flight control is accomplished through the use of the A2 Flight Control System/Ground Control Station (GCS) that communicates with the aircraft via radio communications. **Equivalent Level of Safety:** When flight instruction is performed, no pilots will be on the aircraft and the GCS will be a safe distance from the aircraft and the public, causing no safety hazard. Given the size and speed of THE EQUIPMENT , an equivalent level of safe training can still be performed without dual controls because no pilot or passengers are aboard the aircraft, and all persons will be a safe distance away in the event that the aircraft experiences any difficulties during flight instruction. These flights will comply with the provisions in the User Manuals. Accordingl y, Elevated Solutions proposed me thod of operation provides superior levels of safety. **I. 14 C.F.R. § 91.119(c): Minimum Safe Altitudes in Uncongested Areas**  Elevated Solutions requests an exemption from the minimum safe altitude requirements of 14 C.F.R. § 91.119(c). Section 91.119(c) pres cribes that an aircraft may not be operated closer than 500 feet to an y person, vessel, vehicle, or structure. The FAA has already determined that relief from Section 91.119(c) is warranted for UAS operations in uncongested areas with similar flight restri ctions as those imposed by Elevated Solutions

. See Grant of Exemption No. 11062, p. 20

- 21. **Equivalent Level of Safety:** Compared to flight operations with rotorcraft weighing far more than the maximum weights proposed herein, and given the lack of flammabl e fuel, an y risk associated with these operations is far less than those that presentl y exist with conventional aircraft. An equivalent level of safety will be achieved given the size, weight, and speed of THE EQUIPMENT , as well as the locati ons where it i s operated . In order to avoid any risk to aircraft, flight operations will be restricted to 4 00 feet AGL or below. As set forth in the User Manuals and herein, THE EQUIPMENT will be operated at s ites, away from persons or structures not involved in the operation. All persons who are not involved with Elevated Solutions operations wi ll be required to be at least 50 feet from the flight operation perimeter.**J. 14 C.F.R.**  **§ 91.121: Altimeter Settings** 

This petition seeks an exemption from 14 C.F.R. § 91.121, which requires a person operating an aircraft to maintain cruising altitude or flight level by reference to an altimeter that is set to the elevation of the departure airport. THE EQUIPMENT use both barometric pressure sensors and G PS to determine altitude but do not have the ability to set in a current altimeter setting. An exemption is required to the extent that THE EQUIPMENT do not have a barometric altimeter setting. The altitude of the aircraft is monitored by the PI C on the ground control station and by the visual observer. **Equivalent Level of Safety:** The FAA has stated that an equivalent level of safety can be achieved if the aircraft will be operated at or below 400 feet AGL and within visual line

- of

- sight in addition to GPS based altitude information relayed in real time to the operator. See Grant of Exemption No. 11062, p. 20

- 21. As the attached User Manuals indicate, THE EQUIPMENT will be operated at or below 400 feet AGL and compl y w ith the limitations in the Grant of Exemption No. 11062. **K. 14 C.F.R. § 91.151(a): Fuel Requirements for Flight in VFR Conditions**  Elevated Solutions requests an exemption from 14 C.F.R. § 91.151(a)’s fuel requirements for flight in VFR conditions. Section 9 1.151 states: (a) No person may

begin 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 fl y after that for at least 30 minutes; or (2) At night, to fly

after that for at least 45 minutes. Here, the technological limitations on THE EQUIPMENT battery power means that no meaningful flight operations can be conducted while still maintaining a 30 minute reserve. The aircraft is battery

powered with a maximum flight time of between 18

- 25 minutes. Elevated Solutions proposes that the maximum flight time for each operational flight will be 18

- 2 5 minutes. The aircraft will be safel y landed with no less than the greater of (a) 20% battery life remaining or (b) three minutes of flight time remaining. **Equivalent Level of Safety:** The FAA has stated that an equivalent level of safety is provided if th e UAS flight is conducted under day time VFR flight conditions using VLOS, and terminated with at least 25% reserve battery power still available. See Grant of Exemption No. 11062, p. 21

- 22. The User Manuals providing an equivalent level of safety b y s afel y landing with no less than the greater of (a) 20% battery life remaining or (b) three minutes of flight time remaining and otherwise compl yi ng with the flight restrictions above.

**L. 14 C.F.R. §§ 91.405(a), 91.407(a)(l), 91.409(a)(2); 91.417(a) and**  **(b): Maint**  **enance Inspections**Elevated Solutions seeks an exemption from the maintenance inspection requirements contained

in 14 C.F.R. § 91.405(a), 91.407(a)(l), 91.409(a)(2); 91.417(a) and (b). These regulations specify maintenance and inspection standards in reference to 14 C.F.R. Part 43. See, e.g., 14 C.F.R. § 91.405(a) (stating that each owner or operator of an aircraft “[s]hall have the aircraft inspected as prescribed in subpart E of this part and shall between required inspections ... have discrepancies repaired as prescribed in part 43 of this chapter”). An exemption from these regulations is needed because Part 43 and these sections only appl y to aircraft with an airworthiness certificate, which THE EQUIPMENT will not have. **Equivalent Level of Safety:** An equivalent level of safety will be achieved because maintenance and inspections will be performed in accordance with the Manuals. This includes maintenance, overhaul, replacement, and inspection requirements for the aircraft and procedures to document and maintain maintenance records for the aircraft. This also includes preflight inspection procedures. See Exemption No. 11062, Docket No. FAA 2014

- 0352, at p. 14

- 15. As provided in the Manuals, flights will not be conducted unless a flight operations checkl ist is performed that includes all of the aircraft’s components. The Manuals also set requirements for maintenance log books and record keeping as well as routine and post
- flight maintenance. The Manuals set requirements for both annual maintenance and preventative maintenance. **VI. PUBLIC INTEREST**  Granting Elevated Solutions petition for exemption furthers the public interest. National policy set by Congress favors early

integration of UAS into the NAS in controlled, safe working environments as proposed in this petition. By granting this petition, the FAA will fulfill Congress’s intent of allowing UAS to operate safely in the NAS before completion of the rulemaking required under Section 33 3 of the Reform Act. Elevated Solutions will operate in a manner that will ensure the public’s safety and will set the example for others to emulate. It is well established that UAS provide an additional tool for the filmmaking industry , adding a greater degree of flexibility , which supplement s the current capabilities offered b y m anned aircraft

. **VII. PRIVACY**  All flights will be conducted in accordance with any federal, state or local laws regarding privacy

. All flights will occur over private or controlled access property with the property owner ’s prior consent and knowledge. Images or video taken of individuals will have consented to being filmed or otherwise they will be made anony

mous.

**VIII. NATIONAL SECURITY** Given the small size of the UAS involved and the restricted environment within which they will operate, our petition presents no national security issue. Furthermore, the security screening conducted b y the Transportation Security Administration of certificated airmen satisfies the statutory requirement of Section 333 for operations to no t pose a threat to national security. **IX. SUMMARY FOR FEDERAL REGISTER**  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: Elevated Solutions seeks an exemption from the following rules in order to provide aerial imaging, photograph y, vid eograph y and cinematograph y : 14 C.F.R Part 21, Subpart H; 14 C.F.R Part 27; 14 C.F.R § 45.23(b); 14 C.F.R. § 45.27(a); 14 C.F.R § 61.113; 14 C.F.R § 91.7(a); 14 C.F.R § 91.9(b)(2); 14 C.F.R § 91.9(c); 14 C.F.R § 91.103; 14 C.F.R § 91.109(a); 14 C.F.R § 91.119; 14 C.F.R § 91.121; 14 C.F.R § 91.151(a) & (b) 14 C.F.R § 91.203 (a) & (b); 14 C.F.R § 91.405(a); 14 C.F.R § 91.407(a)(l); 14 C.F.R § 91.409(a)(2); 14 C.F.R § 91.417 (a) & (b). The exemption will enhance safety b y reducing risk to the operator, the general public and property owners from the hazards associated with operating UAS through deliberate planning, risk mitigation, and flight operations. **X. ATTACHMENTS**  Attachment 1 : DJ I Phantom Pilot Training Guide v1.1 Attachment 2 : DJ I Phantom 2 User Manual v1.4 Attachment 3 : DJ I Phantom 2 Quick Start Guide Attachment 4: DJ I Phantom 3 Professional User Manual v1.2 Attachment 5: DJ I Phantom 3 Quick Start Guide v1.0 Attachment 6: DJ I Phantom 3 Safety Guidelines Disclaimer Attachment 7: DJ I Inspire 1 User Manual v1.2 Attachment 8: DJ I Inspire 1 Quick Start Guide v1.2 Attachment 9: DJ I Inspire 1 Safety Guidelines Attachment 10: DJ I Inspire 1 Maintenance Manual v1.0 Att achment 11: BLH 8675 Manual Attachment 12: S800 EVO User Manual v1.10 Attachment 13: S900 User Manual v1.2 Attachment 14: S1000 User Manual v1.10 Attachment 15: M100 User Manual v1.4 **XI. CONCLUSION**  Satisfaction of the criteria provided in Section 333 of the Reform Act

- size, weight, speed, operating capabilities, proximity to airports and populated areas, operation within visual line of sight, and national security considerations

- provides more than adequate justification for the grant of the requested exemptions to permit Elevated Solutions to operate THE EQUIPMENT

.Granting the requested exemption will benefit the public interest as a whole in many way s, including (1) significantly improving safe ty and reducing risk by

alleviating human exposure to danger; (2) improving the quality of services Elevated Solutions can provide to its customers; and (3) decreasing the risks of unmanned aircraft interfering with manned aircraft Respectfully

submitted, By : /s/ James Kienholz, P.E. Founder / President Elevated Solutions, LLC