1 SUMMARY

Elevated Exposures , LLC seeks exemption from the requirements of 14 C.F.R §§ 61.113(a) & (b), 91.7(a), 91.121, 91.151(b), 91.405(a), 91.407(a)(1), 91.409(a)(1) & (a)(2), and 91.417(a) & (b), to operate an Unmanned Aircraft System pursuant to Secti on 333 of th e FAA Modernization and Reform Act of 2012 (FMRA). This exemption will permit Elevated Exposures , LLC to operate an Unmanned Aircraft System ( UAS) for the commercial

purpose of conducting aerial video and photography for real estate , and other landsc ape

oriented purposes o ver certain areas of the United States.

INTRODUCTION AND INTERESTS OF THE PETITIONER

Elevated Exposures , LLC provides its c lients with the high quality digital content for use in their commercial marketing

. Elevated Exposures , LLC has over 2 years of recreational/hobby

exper ience in all aspects of aerial video and photography , on 5 different UAV platforms . The objective of Elevated Exposures

, LLC aerial video and photography operations is to provide high q uality imaging for a variety of , commercial, public, and residentia l uses, specifically targeting :

• Real E state Videography and Photography

• Automobile dealerships

• Parks, recreation, gol f courses and public lands

• Increase public knowledge of UAS and promote safe UAS operations

BACKGROUND Unmanned Aircraft Systems: DJI Phantom 3 Advanced UAS

Elevated Exposures , LLC seeks an exemption to operate DJI s ystems for compensation

or hire within the NAS. The DJI Phantom 3 Advanced is a vertical takeoff and landing (VTOL) Unmanned Aircraft (UA) with a Ground Control Station (GCS) utilizing electronic ta blet or smartphone sys tems. The DJI Phantom 3 Advanced has a maximum gross weight o f 2.82 pounds , a length of 23.2 inches (square size in all dimensions) , height of 10 inches, and a maximum speed of approximately 31 knots. The DJI Phantom 3 Advanced is equipped with

four main r otors; driven by Lithium P olymer battery powered electric motors. The Phantom 3

Advanced that will be operated by Elevated Exposures , LLC will be registered in accordance with 49 U.S.C. 44103, Registration of Aircraft , as well as 14 C.F.R Part 47, Aircraft Registration

, and marked in accordance with 14 C.F.R. Part 45, Identification and Registration Marking

.

BASIS FOR PETITION Petitioner, Elevated Exposures , LLC , pursuant to the provisions of the Federal Aviation Regulations (14 C.F.R. § 11.61) and the FAA Mod ernization and Reform Act of 2012 (FMRA), Section 333, Special Rules for Certain Unmanned Aircraft Systems , hereby petitions the Administrator to commercially operate the DJI Phantom 3 Advanced in the National Airspace System (NAS) , and for an exemption fr om the requirem ents of 14 C.F.R §§ 61.113(a) & (b), 91.7(a) , 91.121, 91.151(b), 91.405(a), 91.407(a)(1), 91.409(a)(1) & (a)(2), and 91.417(a) & (b).2 In consideration of the speed, weight, size, and limi ted operating area associated with the

unmanned aircr aft and its operation, Elevated Exposures , LLC operation of DJI Phantom 3

Advanced meets the con ditions of FMRA Section 333 and therefore, will not require an

airworthiness certificate in ac cordance with 14 C.F.R. Part 21, Subpart H.

Accordingly, Elevated Expo sures , LLC requests relief from Se ctions 91.405(a), 91.407(a)(1), 91.409(a)(1) & (a)(2), and 91.417(a) & (b), as these sect ions set forth requirements for maintenance that only apply to aircraft with an airworthiness certificate. Elevated Exposures

submits that the requested relief is prop er since an equivalent level of safety will be ensured. Elevated Exposures will use experienced pers onnel or technicians to perform maintenance, alterations, or preventive maintenance on the UASs using the methods, techniques, and practices prescribed in the ope rating documents

Relief from certain requirements of Section 61.113(a) and (b), entitled Private pilot privileges

and limitations: Pilot in command , is requested by Elevated Exposures to the extent necessary to allow a Pilot in Command (PIC) holding a private pilot or higher level certificate, as well as an

airman medical certifi cate, and who has demonstrated, that the PIC is able to safely operate
the DJI Phantom 3 Advanced in a manner consistent with this exemption, in cluding evasive and emergency maneuvers and maintaining appropriate distances from people, vessels,

vehicles and structures. Elevated Exposures seeks relief from Section 91.7(a), entitled Civil

aircraft airworthiness

, because the DJI Phantom 3 Advanced do e s not require an airworthiness certificate in accordance with 14 C.F.R. Part 21, Subpart H. As such, Elevated Exposures will

ensure that the DJI Phantom 3 Advanced is in airworthy condition, prior to every flight, by determining that the UAS is in complian ce with the operating docum ents and that the aircraft is in a condition for safe flight.

Elevated Exposures also seeks an exemption from the requirements of Section 91.121, entitled Altimeter Settings , as DJI Phantom 3 Advanced will not have a typical bar ometric altimeter

onboard. Howev er, altitude information of the DJI Phantom 3 Advanced will be provided to the
PIC via GPS equipment and radio communications telemetry data link, which downlinks from the UA to the GCS for active monitoring of the flight pa th. This altitude information, combined

with Elevated Exposures operation of the DJI Phantom 3 Advanced wit hin visual line of sight,

at or below 400 feet AGL, will ensure a level of safety equivalent to Section 91.121.

Additionally, Elevated Exposures see ks an exemption from the requirements of Section 91.151(b ) entitled Fuel requirements for flight in VFR conditions

. Elevated Exposures submits

that safety will not be affected by operation of DJI Phantom 3 Advanced during daylight hours

in visual meteor olo gical conditions (VMC) under visual flight rules (VFR), with enough battery

power to fly for a total duration of approximately 1 8 minutes to the first point of intend ed landing and, assuming normal cruising speed, to fly after that for at least 4 minutes.

In accordance with 14 C.F.R. § 11.81, Elevated Exposures pro vides the following information in support of its petition for exemption:

A. Name and Address of the Petitioner.

The name and address of the Petitioner and point of contact is:3 Doug Benson

Ele vated Exposures , LLC 153 Pointe Drive, Suite 206 Northbrook, IL 60062

312

- 659

- 1228 doug@elevated

- exposures.com

B. The Specific Sections of 14 C.F.R. from Which Elevated Exposures Seeks Exemption.

1. Elev ated Exposures Seeks Exemption from The Requirements of Section 61.113(a) And (b).

Section 61.113, entitled Private pilot privileges and limitations: Pilot in command

, subsections (a) and (b) prescribe the following, in relevant part:

(a) No person who holds a private pilot certificate may act as a pilot in command (PIC) of an aircraft that is carrying passenge rs or property for compensation or hire; nor may that person, for compensation or hire, act as PIC of an aircraft.

(b) A private pilot may, for c ompensation or hire, act as PIC 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.

2. Ele vated Exposures Seeks Exemption from The Requirements of Section 91.7(a).

Section 91.7, entitled civil aircraft airworthiness , subsection (a), states the following:

(a) No person may operate a civil aircraft unless it is in an airworthy condition.

3. Elevated Exposures Seeks Exemption from The Requirements of Section

91.121.

Section 91.121, entitled Altimeter settings, subsection (a), states the following, in part:

(a) Each person operating an aircraft shall maintain the cruising altitude or flight level of that aircraft, as the case may be, by reference to an altimeter that is set, when operating

--

(1) Below 18,000 feet MSL, to

--

(i) The current reported altimeter setting of a station along the route and within 100 nautical miles of the aircraft;4 (ii) If there is no station within the area prescribed in paragraph (a )( 1)(i) of this section, the current reported alti meter setting of an appropriate available station; or

(iii) In the case of an aircraft not equipped with a radio, the elevation of

the departure airport or an appropriate alt imeter setting available before

d eparture.

4. Elevated Exposures Seeks Exemption from The Requirements of Section 91.151(b).

Section 91.151, entitled Fuel requirements for flight in VFR conditions

, subsection (b), states the following:

(b) No person may begin a flight in a rotorcraft under VFR conditions unless (considering wind and forecast weather conditions) there is enough fuel to fly to the first point of intended landing and, ass uming normal cruising speed, t o fly after that for at least 20

minutes.

5. Elevated Exposures Seeks Exemption from The Requirement of Section 91.405(a).

Section 91.405, entitled Maintenance required , subsection (a), states the following:

Each owner or operator of an aircraft

— (a) Sh all 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[.]

6. Elevated Expo sures Seeks Exemption from The Requirements of Section 91.407(a ) ( 1)

Section 91.407, entitled Operation after maintenance, preventive maintenance, rebuilding, or alteration , subsection (a)(1), states the following:

(a) No person may operate any aircraft that has undergone maintenance, preventive maintenance, reb uilding, or alteration unless

—

(1) It has been approved for return to service by a person authorized under §43 .7 of this chapter [ .]

7. Elevated Exposures Seeks Exemption from The Requirements of Sections 91.409(a)(1) And 91.409(a)(2).

Section 91.409, entitled Inspections , subsection (a), states the following:

(a) Except as provided in paragraph (c) of this section, no person may operate an aircraft unless, within the preceding 12 calendar month s, it has had

--5 (1) An annual inspection in accordance w ith part 43 of this chapter and has been approved for return to service by a pers on authorized by § 43.7 of this chapter;

or

(2) An inspection for the issuance of an airworthiness certificate in ac cordance with part 21 of this chapter.

8. Elevated Exposures Seeks Exemption from the Requirements of Sections 91.417(a) and 91.417(b).

Section 91.417, entitled Maintenance records , subsections (a) and (b), state the following:

(a) Except for work perfo rmed in accordance with §§ 91.411 and 91.413, each registered owner or operator shall keep the following records for the periods specified in paragraph (b) of this section:

(1) Records of the maintenance, prevent ive maintenance, and alteration and

records of the 100

- hour, annual, pro gressive, and other required or approved inspections, as appropriate, for each aircra ft (including the airframe) and each engine, propeller, rotor, and appliance o f an aircraft. The records must include

--

(i) A description (or refe rence to data acceptable to the Administrator) of the work performed; and

(ii) The date of completion of the work performed; and

(iii) The signature and certificate number of the person approving the

aircraft for return to service.

(2) Records cont aining the following information:

(i) The total time in service of the airframe, each engine, each propeller,

and each rotor.

(ii) The current status of life

- limited parts of each airframe, engine, propeller, rotor, and appliance.

(iii) The time since l ast overhaul of all items installed on the aircraft which are required to be overhauled on a specified time basis.

(iv) The current inspection status of t he aircraft, including the time since

the last inspection required by the inspection program und er wh ich the aircraft and its appliances are maintained.

(v) The current status of applicable airworthiness directives (AD) and safety directives including, for each, the method of compliance, the AD

or safety directive number and revision date. If the AD or s afety directive6 involves recurring action, the time a nd date when the next action is required.

(vi) Copies of the forms prescribed b y § 43.9(d) of this chapter for each major alteration to the airframe and curre ntly installed engines, rotors, propellers, and appliances.

(b) The owner or operator shall retain the following records for the periods prescribed:

(1) The records specified in paragraph (a)(1) of this section shall be retained until the work is repeated or superseded by other work or for 1 year after the work is performed.

(2) The records specified in paragraph (a)(2) of this section shall be retained and

transferred with the aircraft at the time the aircraft is sold.

(3) A list of defects furnished to a regis tered owner or operator under § 43.1 1 of this chapter shall be retained until the defects a re repaired and the aircraft is approved for return to service.

C. The Extent of Relief Elevated Exposures Seeks and The Reason Elevated Exposures

Seeks the Relief.

1. Extent of Relief Elevated E xposures Seeks and the Reason Elevated Exposures

Seeks Relief From Section 61.113(a) And (b)

Relief from Section 61.113(a) and (b) entitled Private pilot privileges and limitations: Pilot

in command , is requested to the extent necessary to allow a PIC hol ding a private pilot or higher level certificate, as well as a current and valid airman medical certificate, and who has met certain flight

- hour and currency requirements, to conduct the p roposed UAS flight operations for compensation or hire. This relief is requested since the limitations set forth in Section 61.113(a) and (b) state that a private pilot may, for compensation or hire, act as PIC of an aircraft in connection with any business or employment if: (1) The flight is only incidental to that busine ss or employment; and (2) The aircraft does not carry passengers or property for compensation or hire.

As set forth more fully below, Elevated Exposures submits tha t an equivalent level of safety will be maintained because no PIC will be allowed to operat e the DJI Phantom 3

Advanced unless that PIC has met certain flight

- hour and currency requirements, demonstrating that the PIC is ab le to safely operate either the DJI Phantom 3 Advanced

in a manner consistent with the operations specifications as describe d in this

e xemption, including evasive and emergency maneuvers, as well as maintaining appropriate distances fro m people, vessels, vehicles and structures.7 Further, Elevated Exposures submits that all flights of the DJI Inspire 1 UASs, conducted by the PI C pursuant to the gran t of this Petition: (1) will be incidental to Elevated Exposures business; and (2) will not c arry passengers or property for compensation or hire.

2. Extent of Relief Elevated Exposures Seeks and The Reason Elevated Exposures

Seeks R elief From

Section 91.7(a)

Relief from Section 91.7(a) entitled Civil aircraft airworthiness , is requested to the extent required to allow Elevated Exposures to determine that the DJI Inspire 1 UASs are in airworthy condition prior to ev ery flight by ens uring that the UAS is in compliance with the operating documents.

Elevated Exposures seeks the requested relief because t he DJI Phantom 3 Advanced does not require an airworthiness ce rtificate in accordance with 14 C.F.R. Part 21, Subpart H. Therefore, El evated Exposures will ens ure that the DJI Phantom 3 Advanced

is in airworthy cond ition based upon its compliance with the operating documents prio r to every flight, and further, determine that the aircraft are in condition for safe flight, as stated in the conditions and limitations below.

3. Extent of Relief Elevated Exposures Seeks and The Reason Elevated Exposures

Seeks Relief From

Section 91.121

Relief from Section 91.121, entitled Altimeter settings, may be required to allow flight operations of the DJI Inspire 1 UAS, which utilize s a barometric pressure sen sor, GPS equipment, and a radio communications telemetry data link to downlink altitude information from the UA to the PIC at the groun d control station (GCS). Since the FAA requires that any altit ude information concerning UAS operations be reported to ai r traffic control (ATC) in feet above ground level (AGL),

Elevated Exposures seeks the requested relief because the DJI Inspire 1 UA’s altimeter

may be set on the ground to zero feet AGL, rather t han the local barometric pressure or field altitude, before each flight. Considering the limited altitude of the proposed operations, relief from 14 CFR 91.121 is sought to the exte nt necessary to comply with the applicable conditions and limitations state d below. As more fully set forth herein, an equivalent level of safety will be maintained since DJI Inspire 1 UA is equipped with a barometric pressure sensor and GPS equipment, which automatically ensures that a ground level pressure setting will be estab l ished prior to each flight, and provides the
PIC with altitude information of the UA on the heads

- up display of the GCS.

4. Extent of Relief Elevated Exposures Seeks and the Reason Elevated Exposures

Seeks Relief From

Section 91.151(b)8 Relief from Sect ion 91.151(b) entitled Fuel requirements for flight in VFR conditions, is requested to the extent required to allow flights of the battery powered DJI Inspire 1 UA during daylight hours in visual meteorological conditions (VMC), under visual flight rules ( VFR), for a total duration of 16 minutes to the first point of intended landing and, assuming normal cruising speed, to fly after that for at least 4 minutes. Elevated Exposures seeks the requested relief because without an exemption from Section 91.151(b) , the flight time dura tion of the battery powered DJI Phantom 3 Advanced will severely constrain the practicality of any aerial video or still photo flight operations that Elevated Exposures proposes to conduct pursuant to this Petition.

5. Extent of Rel ief Elevated Exposures Seeks and The Reason Elevated Exposures

Seeks Relief From

Sections 91.405(a), 91.407(a)(1), 91.409(a)(1 ) & (a)(2), And 91.417(a) & (b)

Since Sections 91.405(a), 91.407(a)(1), 91.409(a)(1) & (a)(2), and 91.417(a) & (b) only apply to aircraft with an airworthiness certificate, Elevated Exposures requests relief

from these S ections because the DJI Phantom 3 Advanced do not require airworthiness certificates. As set forth more fully below, the DJI Phantom 3 Advanced meet the

conditions of FMRA Section 333 for operation without an airworthiness certificate. Accordingly, Elevated Exposures will use trained technicians to perform maintenance, alterations, o r preventive maintenance on the UAS using the methods, techniques, and practices pres cribed in the UAS operating documents Furthermore, Elevated Exposures

will document and maintain all maintenance rec ords for the DJI Inspire 1 UASs.

D. The Reasons Why Granting Elevated Exposures Request Would Be in the Public Interest; That Is, How It Wo uld Benefit The Public As A Whole.

Granting the present Petition will further the public interest by allowing Elevated Exposures too safely, efficiently, and economically perform aerial video and photography for real estate, special events, and landscape over certain areas of the United States. Additionally, use of the

DJI Phantom 3 Advanced will decrease congestion of the NAS, reduce pollution, a nd provide significant benefits to the economy. Notably, the benefits of Elevated Exposures propos ed operation of the DJI Phantom 3 Advanced will be r ealized without implicating any privacy

issues.

1. The Public Will Benefit From Decreased Congestion Of The NAS.

The DJI Inspire 1 UA are battery powered and serve as a safe, efficient, and economical

alternative to the manned aircraft traditionally utilize d to obtain aerial imagery. By reducing the amount of manned aircraft needed to perform aerial acquisitions, an exemption allowing the use of a DJI Phantom 3 Advanced would reduce the amount of
manned aircraft in th e NAS, reduce noise and air pollution, as well as increase the safety of life and property in the air and on the ground. Furthermore, by reducing the number of manned aircraft operating in the NAS, congestion around airports caused by arriving and departin g aircraft will be reduced. The DJI Inspire 1 UA does not require an airport to takeoff or land. Likewise, a reduction of manned aircr aft conducting aerial

video and photography missions would result in fewer aircraft that must be handled by9 air traffic co ntrol during the ground, takeoff, departure, arriva l, and landing phases of flight operations.

2. The Public Will Benefit from the Safety and Efficiency Of The DJI Inspire 1 UAS

. Conducti ng aerial acquisitions with the DJI Inspire 1 UAS , instead of manne d aircraft, will greatly benefit the public by drastically reducing the levels of air and noise pollution generated during traditional ae rial video and still photography flight operations. By using battery pow er and electric motors, DJI Phantom 3 Advanced produ ce no air pollution, and is the most viable environmentally conscious alternative to the cabin

clas s, six

- cylinder internal combustion engine aircraft that are typically utilized fo r aerial video and photography, while burning approximately 20

- 30 gall ons per hour o f leaded aviation fuel. The DJI Inspire 1 UA , while r educing the carbon footprint of aerial acquisitions, also eliminates noise pollution, as t he UA is propelled by battery powered electric motors, rather than an internal combustion engine. B y using DJI Phantom 3

Advanced t o perform aerial acquisitions, the substantial risk to life and propert y in the air and on the ground, which is usually associated with traditional manned airc raft flight operations, will be substantially re duced or complete ly eliminated. Aside from the la ck of flight crew members locate d onboard the aircraft, the DJI Inspire 1 UA (wei ghing 6 pounds 7.5 ounces respectively, at maximum gross weight with length of 17. 3 inches respectively, width of 17.7 inches respectively, and w ith no fuel on board), has less physical potential for collateral damage to life and property on the ground, and in the air, compared to the manned aircraft that typically conduc t similar operations (weighing approximately 6,000 pounds with a wingspan o f approximatel y 42 feet, a length of 34 feet, and a fuel capacity of 180 gallons).

3. Performing Aerial Video and Photography Operations With The DJI Inspire 1 UASs Will Benefit the Economy.

In addition to being safe and efficient, the DJI Phantom 3 Adva nced are also an

economical alternative to u sing manned aircraft to conduct similar aerial operations. As such, operation of DJI Phantom 3 Advanced will allow United States based companies,

like Elevated Exposures , to remain competitive and contribute to g rowth of the U.S.

economy . Specifically, with the rising cost of aviation fuel and the Environmental

Prote ction Agency (“EPA”) regulatory actions phasing out leaded aviation fuels, U.S. owned and operat ed companies must adopt new and alternative technology in order to remain competitive. Op erating the battery powered DJI Phantom 3 Advanced is on e such technology that not only allows companies greater operational flexibility compared

t o manned aircraft, but provides such flexibility without the high operatio nal cost of a traditional manned aircraft. By operating the DJI Inspire 1 UAS, companies such as Elevated Exposures , can remain competitive and pro fitable, and therefore, provide greater job stability to employees and contractors, whic h will ultimately con tribute to growth of the U.S. economy. Improved financial perform ance of U.S. companies, through commercial use of the DJI Inspire 1 UAS, provides a stable workforce th at increases consumer spending; improve s local, state, and federal tax revenues; and

all ows compani es to invest in research and development in order to remain competitive
both in the United States and abroad.

4. There Are No Privacy Issues.10 Similar to the manned aerial acquisition flight operations that have been conducted for decades, Elev ated Exposures , LLC proposed operation of the DJI Inspire 1 UASs will not implicate any privacy issues. Speci fically, the DJI Inspire 1 UASs will be operated

on ly in compliance with operating documents which requires property owner
involvement and in accor dance with the Federal Avia tion Regulations, including the

minimum altitude requirements of 14 C.F.R. § 91.119.

E. The Reasons Why Granting the Exemption Would Not Adversely Affect Safety,

Or How the Exemption Would Provide a Level of Safety at Least Equa l to That

Provided by The Rule from Which Elevated Exposures Seeks Exemption.

1. Reasons Why DJI Inspire 1 UA Meet The Conditions Of The FAA Modernization

and Reform Act of 2012 (FMRA) Section 333.

In consideration of the size, weight, speed, and li mited operating area associate with the unmanned aircraft and its operation, Elevated Exposures operation of the DJI

Phantom 3 Advanced meet the condition s of FMRA Section 333, and will not require an
airworthiness certificate in accordance with 14 C.F.R. Part 21, Subpart H.

Section 333 provides authority for a UAS t o operate without airworthiness certification and sets forth requirements for consider ing whether a UAS will create a hazard to users of the NAS or the public, or otherwise pose a threat to national security.

In seeking this exemption, Elevated Exposures submits that the DJI Phantom 3

Advanced can operate safely in the NAS p ursuant to FMRA Section 333, as demonstrated by: (a) the characteristics of the DJI Inspire 1 UAS; (b) the pilot

certification requirement; and (c) the specific operating limitations.

a. The Specifications of The DJI Phantom 3 Advanced Demonstrate Its Safe

Characteristics.

The DJI Phantom 3 Advanced do es not create a hazard to users of the NAS or the public, or otherwise pose a threat to national security considering its size, weight, speed, and operational capability.

i. Technical Specifications Of The DJI Inspir e 1 UAS

.

The technical specifications of the DJI Phantom 3 Advanced are set forth by the DJI Inspire 1 user manual , attached hereto as Exhibit A

.

ii. The DJI Phantom 3 Advanced A utonomous Flight and Navigation

Modes Enable The UAS to Remain Within a Defined Operational

Area.

The DJI Phantom 3 Advanced may be operated in both man ual and fully autonomous flight modes. A complet e description of the flight and11 navigational modes of the DJI Phantom 3 Advanced is provided at pages

12

- 16 and 45

- 50 of the DJI Inspire 1 User Manuals, attached hereto as

Exhibit A

.

iii. The DJI Phantom 3 Advanced Are Designed for Automatic Ret ur n
to Home Point or Hover in The Event of Loss of the Control Link or Navigation.

When the Control Link is lost, the DJI Inspire 1UA will remain stationary, in flight, for 3 seconds or more. If, after 3 seconds, the DJI Phantom 3

Advanced do not r eacquir e control link data from the GCS, the UAs will
assume that the Control Link is lost and the UAs will return to the home position (i.e., failsafe mode) via GPS, and will desc end to the takeoff position and shutdown. A complete description of the Failsafe Fu nctions of the DJI Inspire 1 at pages 13 through 15 of the DJI Inspire 1 User Manuals, attached hereto as Exhibit A

.

iv. DJI Inspire 1 GCS and Its Operation.

A complete description of the operation and specifications of the DJI Inspire 1 GCS and flight c ontrol software is pro vided at pages 40 throu gh 47 of the DJI Inspire 1 User Manual. DJI Inspire 1 User Manuals a re attached hereto as Exhibit A

.

b. Flight Operations of DJI Phantom 3 Advanced Are Limited to the Line of

S ight of a Certificated Pilot in Co mmand with A Safety Observer.

Elevated Exposures will only utilize certificated pilots who possess a current and

valid airman medical certificate to act as a pilot in command (PIC) of the DJI Inspire 1 UAS . Additionally, a safety observer will assist all pilots during flight

time.

c. Flights of DJI Inspire 1 UASs Will Be Conducted Pursuant To Specific Operating Limitations.

In seeking this exemption, Elevated Exposures p roposes to commercially operate DJI Phantom 3 Advanced for the speci al purpose of con ducting aerial video and ph otography over certain areas of United St ates, pursuant to the following specific operating limitations:

1. Operations authorized by this grant of exemption w ill be limited to the following aircraft described in the operating do cuments , rotorcraft UASs weighing less than 55 pounds maximum gross weight: DJI Ins pire 1 Unmanned Aircraft System . Proposed o perations of any other aircraft will require a new petition or a petition to amend this grant.

2. UAS operations under this exemp tion will be l imited to conducting operations for the purpose of aerial video and photography.12 3. The UAS may not be flown at a n indicated airspeed exceeding 50 knots.

4. The UA must be operated at an altitude of no more than 400 feet above ground level (AGL), as indicated by the proced ures specified in the operating documents unless a special request is made and approved by ATC. All altitudes reported to ATC must be in feet AGL.

5. The UAs must be operated within visual line of sight (VLOS) of the PIC a t all times. This requires the PIC to be able to use human vision unaided by any device other than corrective lenses, as specified on the PIC’s FAA

- issued

airman medical certificate.

6. The use of first person view (FPV) by the PIC or safety observer (SO) is not permitted.

7. All operations must utilize a safety observer (SO) . The SO may be used to satisfy the VLOS requirement as long as the PIC always maintains VLOS capability. The SO and PIC must be able to communicate ve rbally at all times.

Electronic messaging or texting is not permitted during fli ght operations. The
PIC must be designated before the flight and cannot transfer his or her designation for the duration of the flight. The PIC must ensure t hat the SO can perform the functions prescribed in the operating documents.

8. The SO must not perform any other duties beyon d assisting the PIC with seeing and avoiding other air traffic and other ground b ased
obstacles/obstructions and is not permitted to operate the camera or other

instruments.

9. The operating documents and the grant of exemption must be accessible during UAS operations and made available to the Administrator upon request. If

a discrepancy exists between the conditions and limitations c ontained in the grant of exemption and the proced ures outlined in the operating documents, the conditions and limitations contained in the gra nt of exemption take precedence

a nd must be followed. Otherwise, the operato r must follow the procedures as outlined in its operating documents. The op erator may u pdate or revise its operating documents. It is the operator’s respons ibility to track such revisions and present updated and revised documents to the Administrator upon request. The operator must also present updated and revise d documents if it petitions f or extension or amendment to the grant of exempt ion. If the operator determines that any update or revision would affect the b asis upon which the FAA granted the exemption, then the operator must petition fo r amendment to its grant of exemption. The FAA’s UAS Integration Offi ce (AFS

- 80) may be contacted if questions arise regarding updates or revisions to the operating documents.

10. Prior to each flight the PIC must inspect th e UAS to ensure that it is in a condition for safe flight. If the inspection rev ea ls a condition that affects the safe operation of the UAS, the aircraft is proh ibited from operating until the necessary maintenance has been performed and the UAS is found to be in a condition for safe flight. The Ground Control Station must be included in the13 preflight inspection. All maintenance a nd alterations must be properly

documented in the aircraft records.

11. Any UAS that has undergone maintenance or alterations that affect the UAS operation or flight characteristics, e.g. r eplacement of a fli ght critical component, must undergo a functional test f light. The PIC who conducts the functional test flight must make an entry in the aircraft records.

12. The pre

- flight inspection must account for all pot ential discrepancies, e.g. inoperable componen ts, items, or equipm ent, not already covered in the relevant sections of the operating documents.

13. The operator must follow the UAS man ufacturer’s aircraft/component, maintenance, overhaul; replacement, inspection, and life limit requirements.

14. Th e operator must carry out its maintenance, inspections, and record keeping requirements, in accordance with the op erating documents. Maintenance, inspection, alterations, and status of replacement/overhaul

compone nt parts must be noted in the aircraft reco rds, including tot al time in service, description of work accomplished, and the signature of the authorized person returning the UAS to service.

15. Each UASs operated under this exemption must comply with all

manufacturer Safety Bulletins.

16. The autho rized person must make an entr y in the aircraft record of the corrective action taken against discrepancies discovered between inspections.

17. The PIC must possess at least a private pilot certificate and at lea st a current
third

- class medical certifica te.

18. The operator may not permit any PIC to o perate unless the PIC meets the operator’s qualification criteria and demonstrate s the ability to safely operate the
UAS in a manner consistent with how the UAS will be operated under the exemption, includin g evasive and emer gency maneuvers and maintaining appropriate distances from persons, vessel s, vehicles and structures. PIC qualification flight hours must be logged in a m anner consistent with 14 C.F.R. § 61.51(b). Flights for the purposes of training the operator’s PICs are permitted under the terms of the exemption. H owever, training operations may only be conducted during dedicated trai ning sessions. During training, proficiency, and experience

- building flights, all p ersons not essential for flight oper ations are considered nonparticipants, and the PIC must operate the UA with appropriate distance from nonparticipants in accordance with 14 C.F.R. § 91.119.

19. UAS operations may not be conducted during night, as defined in 14 C.F.R. § 1.1. All operations must be conducted under v isual meteorological conditions (VMC). If flight at night is required, a special request will be made at the FAA office closest to proposed area of operations. Flights under special visual flight rules (SVFR) are not authorized.14 20. The UA may not operate within 5 nautical miles o f an airport reference point

as denoted on a current FAA

- published aerona utical chart unless a letter of agreement with that airport’s management is obtained, and the operation is

conducted in accordance with a NOTAM as required by the operator’s COA. The letter of agreement with the airport manag ement must be made available to the Administrator upon request.

21. The UA may not be operated less than 500 feet below o r less than 2,000 feet horizontally from a cloud or when visibility is les s than 3 statute miles from the
PIC.

22. If the UA loses communications or loses its GPS signal, it must return to a predetermined location within the planned operating area and land or be

recovered in accordance with the operating documents.

23. The PIC must abort the flight in the ev ent of unpredicted obstacles or emergencies in accordance with the operating documents.

24. The PIC is prohibited from beginning a flight unless (con sidering wind and

forecast weather condi tions) there is enough power to fly at normal cruising speed to the intended landing point and lan d the UA with 25% battery power remaining.

25 . All aircraft operated in accordance with the exemption mus t be identified by serial number, registered in acc ordance w ith 14 C.F.R. part 47, and have identification (N

- Number) markings in acc ordance with 14 C.F.R. part 45, Subpart C. Markings must be as large as practicable.

26 . The documents required fewer than 14 C.F.R. 91.9 and 91.203 m ust be

available to t he PIC at the Ground Control Station of the UAS any time the UAS is operating. These document s must be made available to the Administrator or any law enforcement official upon request.

27 . The UA must remain clear and yield the right o f way to all manned aviation operations and activities at all times.

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

vehicle.

29 . Flight operations must be conducted at least 500 feet from all nonparticipating persons (persons other than the PIC, S O, operator trainees or essential persons), vessels, vehicles, and structures unless:

a. Barriers or structures are present that suffic iently protect nonparticipating persons from the UA and/or debris i n the event of an accident. The operator

must ensure that nonparticip ating persons remain under such protection. If a15 situation arises where nonp articipating persons leave such protection and are

wi thin 500 feet of the UA, flight operations must cease immediately and/or;

b. The aircraft is operated near ves sels, v ehicles or structures where the owner/controller of such vessels, veh icles or structures has granted permission
and the PIC has made a s afety assessment of the risk of operating closer to those objects and determined that it does not p resent an undu e hazard, and;

c. Operations nearer to the PIC, SO, operato r trainees or essential persons do not present an undue hazard to those persons per § 91.119(a). 32. All operations shall be conducted over privat e or controlled

- access property with permission

fr om the land owner/controller or authorized representative. Permission from
land owner/controller or au thorized representative will be obtained for each flight

to be conducted.

30 . Any incident, accident, or flight operation that transgresses t he lateral o r vertical boundaries of the operational area a s defined by the applicable COA must be reported to the FAA's UAS Integr ation Office (AFS

- 80) within 24 hours. Accidents must be reported to the Natio nal Transportation Safety Board (NTSB) per instructions con tained on the NTSB Web site: www.ntsb.gov

.

2 . The FAA May Prescribe Any Other Conditions For Safe Operation.

In accordance with Section 333 of the FAA Modernization and Reform Act of 2012 (FMRA) and 14 C.F.R. § 21.16 entitled Special Conditions, Elevate d Exposures requests
that the FAA prescribe special conditions for the intended operation of the DJI Inspire 1
UAS , which contain such safety standar ds that the Administrator finds necessary to establish a level of safety equivalent to that es tablished by 14 C.F.R. Part 21, Subpart H, and 14 C.F.R §§ 61.113(a) & (b), 91.7 (a) , 91.121, 91.151(b), 91.405(a), 91.407(a)(1), 91.409(a)(1) & (a)(2), and 91.417(a) & (b ). Such special conditions will permit safe operation of the UAs for the limited purpose of conduc ting aerial video and photography over certain areas of the United States for compensation or hire. FMRA Section 333 sets forth the requirements for considering whe ther a UAS will create a

hazard to users of the NAS or the public, or otherwise pose a t hrea t to national security;

and further, provides the authority for such UAS to operate with out airworthiness
certification in accordance with any requirements that must be establishe d for the safe operation of the UAS in the NAS.

Likewise, the Administrator may prescribe special conditions pursuant to 14 C.F.R. § 21.16, for operation of the DJI Inspire 1 UAS, since the airworthiness regulations of 14 C.F.R. Part 21 do not contain adequate or appropriate safety standards, due to the novel or unusual design fea tures of the aircraft. Section 21.16, entitled Special
Co nditions, states the following: If the FAA finds that the airworthiness regulations of this subchapter do not contain adequate or appropriate safety standards for an aircraft

, aircraft engine, or pro peller because of a novel or unusual design feature of t he aircraft, aircraft engine or propeller, he prescribes special conditions and amen dments thereto for the product. The special conditions are issued in accordance w ith Part 11 of this chapter and con tain such safety standards for the aircraft, airc raft engine or propeller16 as the FAA finds necessary to establish a level of safety eq uivalent to that established in the regulations. See 14 C.F.R. § 21.16.

Therefore, in accordance with FMRA Section 333 a nd 14 C.F.R. § 21.16, the FAA may prescribe special conditions for Elevated Exposures intended operation of the DJI Inspire 1 UAS , which contain such safety st andards that the Administrator finds necessary to establish a lev el of safety equivalent to that established by 14 C.F.R. Part 21, Subpart H, and 14 C.F.R Sections 61.113(a) & (b), 91.7(a), 91.121, 91.151(b), 91.405(a), 91.407(a)(1), 91.409(a)(1) & (a)(2), and 91.417(a) & (b).

F. A Summary That Can Be Published in The Federal Register, stating: The R ules

From Which Elevated Exposures Seeks Exemption:

Elevated Exposures seeks exemption from the requirements of 14 C.F.R Sections 61.113(a)&(b), 91.7(a), 91.121, 91.151(b), 91.405(a), 91.407(a)(1), 91.409(a)(1) & (a)(2), and 91.417(a) & (b).

A Brief Des cription of the Nature of the Exemption Elevated Exposures Seeks:

This exemption will permit Elevated Exposures to commercially operate an Unmanned

Aircraft System (UAS) for the pur pose of conducting aerial video and photography over

certain areas of the United States.

G. Any Additional Information, Views, or Arguments Available to Support Elevated Exposures Request.

This Petition is made pursuant to the FAA Modernization and Reform Act of 2012 (FMRA) Section 333, which directs the Secretary of Transpo rt ation to determine if certain UAS may operate safely in the NAS. As such, Elevated Exposures request for exemption may be granted pursuant to the authority of FMRA Section 333 and 14 C.F.R. Part 11, as set forth above. FMRA Section 333 sets forth the requi rements for considering whether a UAS will create a hazard to users of the NAS or the public, or othe rwise pose a threat to national security; and further, provides the au thority for such UAS to operate without airworthines s certification. As

discussed in detail above, Elevated Exposures will operate the DJI Phantom 3 Advanced safely in the NAS, without creating a hazard to users of the NAS, or the public, or otherwise pose a threat to national security.

CONCLUSION

As set forth herein, Elevated Exposures seeks an exemption pursuant to 14 C.F.R. § 11.61 and
Section 333 of the FAA Modernization and Reform Act of 2012 (FMRA), which will permit safe operation of the DJI Phantom 3 Advanced commercially , without an airworthiness certificate,

for th e limited purp ose of conducting aerial video and photography over certain areas of the United States. By granting this Petition, the FAA Administrator will be fulfilling the Congressional mandate of th e FAA Modernization and Reform Act of 2012, while also

advanci ng the interests of the public, by allowing Elevated Exposures to safely, efficiently, and economically operate the DJI Inspire 1 UASs commercially within the NAS.17 WHEREFORE , in accordance with the Federal Aviation Regulations and the FAA

Modernization and Refor m Act of 2012, Section 333, Elevated Exposures respectfully requests

that the Administrator grant this Petition for an exemption from the requirements of 14 C.F.R Sections 61.113(a) & (b), 91.7(a), 91.121, 91.151(b), 91.405 (a), 91.407(a)(1), 91.409(a)(1) & (a)(2), and 91.417(a) & (b), and permit Elevated Exposures to operate the DJI Phantom 3 Advanced commercially for t he purpose of conducting aerial video and photography over certain areas of
the United States.

Dated: 7 / 06 /15

Elevated Exposures , LLC

____ _____________________ Douglas Benson, Owner Elevated Exposures , LLC 153 Pointe Drive, Suite 206 Northbrook, IL 60062

312

- 659

- 1228

Appendices:

DJI Phantom 3 Advanced 1 = Manufacturer User Guide http://download.dji

innovations.com/downloads/phantom_3/en/Phantom_3_Advanced_User_Manual_v1.2_en.pdf