Date: July 9th 2015

U. S. Department of Transportation

Docket Management System

1200 New Jersey Ave.,

SE Washington, DC 20590

RE: Petition of Utility Aerial Services, Inc. for Exemption Pursuant to Section 333

of the FAA Reform Act

Attn: To whom it may concern

Pursuant to Section 333 of the FAA Modernization and Reform Act of 2012 (the Reform Act) 

and

14 C.F.R. Part 11, Elite Event Services of Surprise & Scottsdale AZ, operator of Small 

Unmanned Aircraft Systems

(“sUASs”) equipped to conduct aerial photography and videography, 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 333.1

As described more fully below, the requested exemption would permit the operation of small,

unmanned and relatively inexpensive sUAS under controlled conditions in airspace that is 1)

limited 2) predetermined and 3) controlled. The proposed exemption, if granted, would allow

Elite Event Services to conduct commercial operations of small unmanned aircraft systems

(“UAS”) meeting or exceeding all of the operational and safety requirements Congress has set

forth in Section 333.

Elite Event Services is a wedding, corporate event and real estate photography company that 

plans to exploit the capabilities of

Unmanned Aerial Systems to offer a multitude of services, including:

- Aerial surveying

- Event Photography/Videography

- Agriculture purposes
- Real Estate Photography

- Aerial filmmaking and photography

- Construction site inspections and monitoring

- Educational and research operations

Statutory Authority Section 333, titled “Special Rules for Certain Unmanned Aircraft

Systems”, provides a mechanism for seeking expedited FAA authorization of safe civil

UAS operations in the NAS. Section 333(a) states that the FAA “shall determine if

certain unmanned aircraft systems may operate safely in the national airspace system

before completion of the (comprehensive) plan and rulemaking required by section

332(b)(1) of this Act or the guidance required by section 334 of this Act.” In Section

332(b)(1), Congress made it clear that Section 333 provides a mechanism for “expedited

operation authorization” if several factors are met. Petitioner meets all requirements to

permit FAA approval of commercial UAS operations.

The Petitioner Requests Relief From the Following:

Regulations from which the exemption is requested:

14 C.F.R. Part 21

14 C.F.R. 45.23 (b)

14 C.F.R. 61.113(a) and (b)

14 C.F.R. 91.7 (a)

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

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. 91.205 (b)
14 C.F.R. 91.215

14 C.F.R. (91.401 - 91.417)

Unmanned Aircraft System

sUAVs are oftentimes seen as superior to helicopters due to the smaller devices cheaper

equipment and personnel cost, reduced noise and as such, a much smaller environmental

impact which promotes public safety.

We are petitioning for exemption to enable Elite Event Services to operate a “DJI Phantom 3

Professional” equipped with a three-axis gimbals and using High-Def camera. This sUAV has a

built- in capability to limit the height it flies above the ground, to limit the radius of the distance it

flies from the operator and to exclude it from Class B, C and D airspace including a no fly zone

feature. The Phantom also has the failsafe function of the Naza-M autopilot system which

means when the communication between the Main Controller and the transmitter is

disconnected, the outputs of all command sticks from controller will go to the center position. 

With a solid GPS signal, the system will automatically trigger Return to Home and will

land safely where it lifted off from.

The above specifications meet with the Model Aircraft Operating Standards as set

below:

• Elite Event Services will only operate its sUAS in line of sight of a pilot and/or observer

and will operate at sites that are a 'sufficient distance' from populated areas within the sterile

area described in the FOPM. Such operations will insure that the sUAS will "not create a hazard

to users of the national airspace system or the public."

• When flying sUAV within 3 miles of an airport, airport operators will be notified and the

operator will give the right of way to avoid flying in the proximity of full-scale aircraft.

• Maximum flight time for each operational flight will be 30 minutes.

• Flights will be terminated at 25% battery power reserve should that occur prior to the

30 minute limit.

The sUAV will be programmed so that it will not be operated at an altitude of no more
than 400 feet AGL, and not more than 200 feet above an elevated platform from

which filming is planned.

• Minimum crew for each operation will consist of the sUAS Pilot, and Visual Observer.

• The sUAS operated by the petitioner weighs less than 55 pounds, including the

payload (i.e. camera, lens, and gimbal).

• The sUAV will operate at speeds of no more than 50 knots, can hover, and can

simultaneously move vertically and horizontally.

• Given the small size of the sUAS and the restricted sterile environment within which

they will operate, our sUAS operations adhere to the Reform Act's safety

requirements.

The UA, powered by batteries, is smaller, lighter and more maneuverable than larger aircraft

running on combustible fuel, it operates at lower altitudes with no people on board and will

thereby reduce current risk levels and thereby enhance safety and diminish the likelihood of

death or serious bodily injury. With a small payload and maximum flight time of only 24

minutes, this is offers little or no risk to national security.

Low level oblique photos and video from several angles are far more effective than ground

based imagery for displaying the characteristics of large, complex properties with several

buildings and large trees. The applicants in the past have chartered 2-seat full-sized

helicopters for this purpose, which has proven more costly than many potential clients have

been able to afford. The benefits of reduced cost and improved quality of presentation from

the UA will be valuable to and benefit many buyers and sellers of real property.

Additionally, we request that we be allowed to use our system to benefit first responders

nearby who might require assistance, including fire fighters, the police, the sheriff, et al.,

while remaining subject to all limitations cited in this application as we do so.

(a) No flight will be made with a Gross weight exceeding 55 pounds; 

(b) All operations must occur in FAA Class G airspace at no more than 400 ft AGL, at
an airspeed of no more than 25 knots and no further than 3/4 NM from the PIC;

(c) All operations must utilize a visual observer (VO). The VO and PIC must be able

to communicate by voice at all times during a flight operation;

(d) Operations will be restricted to flights over private property with the permission of

the property owner;

(e) All required permits will be obtained from state and local government prior to operation;

(f) Elite Event Services will not be operate over densely populated areas;

(g) Elite Event Services will not be operating over any open-air assembly of people;

(h) Elite Event Services will not be operating over heavily trafficked roads;

(i) Elite Event Services will not be operating within 5 NM of an airport or heliport;

We respectfully request exemption under Section 333 to enable Elite Event Services

to operate efficient, limited, low-risk commercial sUAV operations for the activities

stated respecting at all times the space and privacy of citizens and property whilst keeping

our skies safe.

Sincerely,

Jerry L. Hague Jr.

Owner-Elite Event Services

15839 W. Cortez St. Surprise, AZ 85379
EXEMPTION REQUESTS AND EQUIVALENT LEVEL OF SAFETY

Elite Event Services requests an exemption from the following regulations as well as any

additional regulations that may technically apply to the operation of the sUAV System:

14 CFR Part 21, Airworthiness Certificates

This part establishes the procedures for the issuance of an airworthiness certificate. While the

FAA continues to work to develop airworthiness standards for Unmanned Aerial Systems, we

request an experimental certificate be issued for the DJI Phantom 3 Professional under either or

both of the following provisions:

21.191 Experimental certificates. Experimental certificates are issued for the following purposes:

(a) Research and development. Testing new aircraft design concepts, new aircraft equipment,

new aircraft installations, new aircraft operating techniques, or new uses for aircraft.

(b) Showing compliance with regulations. Conducting flight tests and other operations to

show compliance with the airworthiness regulations including flights to show compliance for

issuance of type and supplemental type certificates, flights to substantiate major design

changes, and flights to show compliance with the function and reliability requirements of the

regulations. Since the experimental certificate can be used for commercial purposes such as
market surveys, sales demonstrations, and customer crew training, we would expect that an

experimental certificate would permit our commercial purpose as well. The aircraft will not carry

persons or property, will not carry fuel, and will only fly under strict operational requirements.

Combined with the UA's light weight, being constructed primarily of carbon fiber and plastic, we

propose that the UA will be at least as safe, if not safer, than a conventionally certificated

aircraft performing the same mission. If an experimental airworthiness certificate is not

appropriate for this application, then we request an exemption of 14 CFR Part 21, Subpart H, 

and the requirement for an airworthiness certificate in general, citing the equivalent level of

safety outlined in the previous paragraph.

14 CFR 45.23 Display of marks; general and 45.29 Size of marks. These regulations provide

that each aircraft must display "N" and the aircraft's registration number in letters at least 3

inches high. Additionally, the aircraft must display the word "EXPERIMENTAL" in letters at least

2 inches high near the entrance to the cabin, cockpit, or pilot station. The sUAV does not have

an entrance in which the word "EXPERIMENTAL" can be placed, and may not have a

registration number assigned to it by the FAA. We propose to achieve an equivalent level of

safety by including the word "EXPERIMENTAL" in the placard on the top of the aircraft, as

shown above, where the PIC (Pilot In Control), VO (Visual Observer) and others in the vicinity of

the aircraft while it is preparing for launch will be able to see the designation. Additionally, we

feel that the permanent placard discussed in the previous paragraph will provide the aircraft's

registration information at the ground station. Finally, we will display at the ground station a high

contrast flag or banner that contains the words "Unmanned Aircraft GroundStation" in letters 3

inches high or greater. Since the aircraft will operate within 3/4 NM of the ground station, the

banner should be visible to anyone that observes the aircraft and chooses to investigate its

point of origin.

14 CFR 61.113 Private pilot privileges and limitations: Pilot in Command and 61.133
Commercial pilot privileges and limitations.

The regulation provides that no person that holds a Private Pilot certificate may act as pilot in

Command of an aircraft for compensation or hire. Subparagraph (b) allows a private pilot to act

as pilot in command of an aircraft in connection with any business or employment if: (1) The

flight is only incidental to that business or employment; and (2) The aircraft does not carry

passengers or property for compensation or hire. Our proposed operations require that the PIC

must hold at least a Private Pilot Certificate issued by the FAA and since the aircraft cannot

carry passengers or property, we feel we meet the intent of 61.113 Subparagraph (b) even

though the intent of this application is to conduct a business.

14 CFR 91.7 Prohibits the Operation of an aircraft without an airworthiness certificate.As

no such certificate will be applicable in the form contemplated by the FARs, this Regulation is

inapplicable. 

14 CFR 91.9 Civil aircraft flight manual, marking, and placard requirements.This regulation

provides that no person may operate an aircraft unless a current, approved flight manual is in

the aircraft. We assume that the intent of this requirement is to ensure that flight manual

information is available to the aircrew while operating the aircraft. We request an exemption to

this requirement since the aircraft is not only too small to carry documentation, the

documentation would not be available to the crew during flight operations. To obtain an

equivalent level of safety and meet the intent of 91.9, we propose that a current, approved 

sUAS

Flight Manual must be available to the crew at the ground station anytime the aircraft is in, or

preparing for, flight.

14 CFR 91.109 Flight Instruction; Simulated instrument flight and certain flight tests The

regulation states that "No person may operate a civil aircraft that is being used for flight

instruction unless that aircraft has fully functioning dual controls." The sUAS System 

groundbased

control station consists of a small hand-held radio transmitter and while it does not offer a
second set of "controls", both the student and instructor can, and will, operate the single set of

controls simultaneously. With both student and instructor having "hands-on" the controls during

flight, we feel that this technique meets the intent 91.109 and provides an equivalent level of

safety.

91.119 Minimum safe altitudes: General. The regulation states that over sparsely populated

areas the aircraft cannot be operated closer than 500 feet to any person, vessel, vehicle, or

structure. Since the typical mission of the sUAS would be photography or survey of persons,

vessels, vehicles or structures it would be necessary to operate closer than 500 feet to the items

listed. Operations will only be flown over property or persons where permission has been

obtained and careful pre-planned has been performed. The aircraft will be operated at a low

altitude allowing, if a power unit fails, an emergency landing without undue hazard to persons or

property on the surface. Therefore we maintain that due to the small size of the UAS, the hazard

to persons, vehicles and structures is minimal compared to manned aircraft, which should be

considered in granting the exemption.

CFR 91.121 Altimeter settings. The regulation requires that aircraft shall maintain cruising

altitudes by reference to an altimeter setting available within 100 NM of the aircraft. The sUAS

will always fly below 400 feet AGL and will not need to maintain cruising altitudes in order to

prevent conflict with other aircraft. An Above Ground Level altimeter measurement above the 

takeoff point is transmitted via radio from the sUAS on-board computer to the display screen

held by the PIC, providing a constantly updated AGL readout.

14 CFR 91.151 Fuel requirements for flight in VFR conditions.

The regulation provides that no person may begin a flight in an airplane under day-vFR

conditions unless there is enough fuel to fly to the first point of intended landing and to fly after

that for at least 30 minutes. We feel the intention of this paragraph is to provide an energy

reserve as a safety buffer for delays to landing. The sUAV is battery operated and the maximum

duration of flight from a single battery charge is 16 minutes with a 20% reserve. Since the
aircraft will never fly more than 3f4 NM from the point of intended landing, a full battery charge

at launch will ensure that we meet the reserve energy requirement of this paragraph. We

request an exemption to the word "fuel" and ask for an equivalent interpretation with the word

"energy".

14 CFR 91.203(a) & (b) Civil aircraft: Certifications required.

The regulation provides that an airworthiness certificate, with the registration number assigned

to the aircraft and a registration certificate must be aboard the aircraft. Additionally,

subparagraph (b) provides that the airworthiness certificate be "displayed at the cabin or cockpit

entrance so that it is legible to passengers or crew." At a maximum gross weight of 5.3 pounds,

the sUAS is too small to carry documentation, does not have an entrance, and is not capable of

carrying passengers or crew. To obtain an equivalent level of safety and meet the intent of

91.203, we propose that documents deemed appropriate for this aircraft by the FAA will be 

collocated

with the crew at the ground control station and available for inspection upon request. In

order to identify the aircraft, we propose that the information found on airworthiness and

registration certificates be permanently affixed to the aircraft via placard containing the following

information plus the word "EXPERIMENTAL" to satisfy the requirement of 14 CFR 45.23.

14 CFR Subpart E (91.401- 91.417)- Maintenance, Preventive Maintenance, AlterationsThe

regulation provides that the operator is primarily responsible for maintaining the aircraft in an

airworthy condition, including compliance with part 39 and 43. Paragraphs 91.407 and 91.409

require that the aircraft be "approved for return to service by a person authorized under 43.7"

after maintenance and inspection. It is our intention that the PIC perform maintenance and

inspection of the aircraft and "be authorized to approve the aircraft for return to service." The 

PIC will ensure that the aircraft is in an airworthy condition prior to every flight and in addition

conduct detailed inspections after every two hours of flight. Maintenance performed by the PIC

is limited to repairing small cracks, replacing a propeller, checking electrical connections and

updating software and firmware for the on-board computer. All other maintenance will be
performed by the manufacturer or their designated repair facility. The PIC will document work

performed in accordance with 91.417. We feel that due to the size, construction, and simplicity

of the aircraft, the PIC can ensure an equivalent level of safety.

Safety and Benefits of the UAS

Elite Event Services will be using the UAS in a variety of applications that generally require

expensive full-size manned aircraft to complete. Small, light, unmanned aerial vehicles offer

myriad benefits over the use of full-sized manned aircraft for electric power line inspection,

oil/gas pipeline inspection, advanced agriculture, film and still photography, just to name a few.

Replacing significantly larger manned aircraft carrying crew and flammable fuel with small UAS

carrying no passengers or crew creates a much greater margin of safety for the pilots and crew.

By granting Elite Event Services requested exemptions, the FAA will help drive

development of safe and successful commercial UAS operations and will advance the public

knowledge base for such operations. Elite Event Services is committed to promoting the

UAS research efforts of policymakers including the FAA, NASA, DOD and DARPA by sharing

data from its commercial UAS operations and serving as a resource for future UAS research

operations. Thus, the FAA has good cause to grant this Petition.

Conclusion

As pointed out in this application, all the SUAs which our company would use, under

authorization by the US DOT-FAA, are small, light-weight devices operated within the line of

sight of the Pilot-in-Command (PIC), less than 400 feet above the ground and outside 5 miles

from any airport, heliport, seaplane base, spaceport, or other location with aviation activities,

unless the air traffic control authorities (ATC) have been notified and have authorized each flight

within a radius of this distance. 

All our SUAs have proven capability for controlled flight. They are devices offered for general

sale on the market around the world and have often been used as Model Aircraft in the USA.

We are certain that the studies conducted until now by the FAA, about Section 332, Public Law
112-95, 2014, have already provided you with the assurances on the airworthiness of SUAs

such as ours.

For the foregoing reasons, the exemptions requested herein should be granted and Elite Event 

Services should be permitted to conduct small UAS operations in accordance with its

manuals and all other operating parameters deemed necessary and appropriate by the FAA.

The submission of this application and its contents is the best demonstration that indeed it is

possible to pursue the authorization process so that some SUAs may be used for legitimate

commercial activities and under reasonably safe conditions.