April 9, 2015

U.S. Dept. of Transportation, Docket Operations

West Building Ground Floor, Room w12­140

1200 New Jersey Avenue, SE.,

Washington, DC 20590

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

the Federal Aviation Regulations from: 14 CFR 61.315; 14 CFR 91.103; 91.119; 91.121;

91.151(a); 91.405; 91.407; 91.409; & 91.417(a) and (b).

Dear Sir or Madam:

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

“Reform Act”) and 14 C.F.R. Part 11, Elevated Perspective, LLC hereby applies for an

exemption from the Federal Aviation Regulations (“FARs”) to allow commercial

operation of its UASs for agriculture, construction/architecture, and real estate imaging

purposes.

On or about March 12, 2015 the FAA granted exemption to Build Imagery to operate the

Iris quadcopter manufactured by 3D Robotics. Elevated Perspective is petitioning to use

another model by this same manufacturer (3D Robotics). Our model is the X­8

“Octo­quad” copter. This petition is submitted with the understanding that the FAA’s

Summary Grant process may aid in the review and approval process.

Low­level oblique photos and video from several angles are far more effective than

ground­ based imagery for displaying the characteristics of farmed crops, and complex

properties with several buildings and large trees. The benefits of reduced cost, reduced

noise interference and improved quality of presentation from the UAS will be valuable to

and benefit construction professionals, farmers seeking to be responsible with costly

irrigation and fertilizer resources, and community leaders in the development of project

site characteristics. The construction and real estate based photography occurs in

restricted or other areas where access to the public is strictly limited and controlled. As a

result, the operation has no substantial impact on any third persons not involved in the

actual site project

Elevated Perspective LLC’s requested exemption would permit the operation of small,

unmanned UAS under controlled conditions in and on construction site projects,

unimproved and unoccupied farmland airspace that is: (i) limited, (ii) predetermined, (iii)

subject to controlled access, and (iv) provide greater safety than manned aircraft

operations of a similar nature and scope. As established by the exemptions already

granted by the FAA, approval of Elevated Perspective LLC’s exemption would enhance

safety and fulfill the Secretary of Transportation’s (the FAA Administrator’s)

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

in the national airspace system.” Section 333(c) of the Reform Act.
The name and address of the applicant is:

Elevated Perspective, LLC

Attn: Ebiri Nkugba

Ph: 616.206.8017

Email: ebirinkugba@gmail.com

Address: 824 Paradise Lake Dr. SE Grand Rapids, MI 49546

Regulations from which the exemption is requested:

14 CFR 61.315

14 CFR 91.103

14 CFR 91.119

14 CFR 91.121

14 CFR 91.151(a)

14 CFR 91.405(a)

14 CFR 407(a)(1)

14 CFR 409(a)(2)

14 CFR 417(a) and (b)

UASs operated by Elevated Perspective LLC weigh less than 55 pounds, including the

payload (i.e. camera, lens, and gimbal). They operate at speeds of no more than 50 knots,

can hover, and can simultaneously move vertically and horizontally. Elevated Perspective

LLC will only operate its UASs in line of sight, daytime, and in atmosphere which will

allow 3 SM visibility from a control station, and will operate only within the area(s)

described above. Such operations will insure that the UAS will “not create a hazard to

users of the national airspace system or the public.”

Given the small size of Elevated Perspective LLC's UASs and the restricted

environment(s) within which they will operate, Elevated Perspective LLC's proposed

UAS operations adhere to the Reform Act’s safety requirements. Additionally, due to the

size of the UASs and the limited areas in which they will operate, approval of this

application presents no national security issues. Based on the substantial level of safety

surrounding the proposed operations, and the significant public benefit (enhanced safety),

reduction in environmental impacts (reduced emissions and noise), the grant of the

requested exemption is in the public interest. Accordingly, Elevated Perspective LLC

respectfully requests that the FAA grant the requested exemption.

Aircraft And Equivalent Level Of Safety

The operating limitations proposed by Elevated Perspective LLC provide for at least an

equivalent or higher level of safety because operations further enhance safety of aerial

data acquisition using conventional aircraft.

The limitations and conditions include:
1. The UASs will weigh a maximum of 10 lbs, including payload.

2. The UASs size will be no more than 40 inches in diameter, including any rigging.

3. The UAS is a multi­rotorcraft type in octo­quad configuration.

4. In observance of the FAA NPRM (docket number FAA­2015­0150); Elevated

Perspective LLC will not operate a UAS within 5 miles of an airport without

notification of the appropriate airport operator or airport tower (when an air traffic

facility is located at the airport).

5. A pre­flight inspection procedure will be used prior to any flight operations in

accordance with the document entitled “Flight Checklist” authored by the

manufacturer 3D Robotics (see attached documents with this petition).

6. Any discrepancies noted during the pre­flight inspection will be repaired and an

operational check completed prior to additional operation of that UAS in the

NAS.

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

8. 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.

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

10. Minimum crew for each operation will consist of the UAS Pilot

11. A UAS pilot will be an FAA licensed airman with at least a sport pilot’s

certificate (or “higher” eg. recreational, private, commercial, or ATP

certificate(s)) and valid driver’s license.

12. A UAS Pilot will be Pilot in Command (PIC).

13. The UAS will only operate within a confined area, to be agreed upon by Elevated

Perspective LLC and the property owner or manager prior to flight operations.

14. A briefing will be conducted for planned UAS operations prior to each flight. All

personnel performing duties within the boundaries of the safety perimeter are

required to attend.

15. The operator will file a FAA Form 7711­1, or its equivalent, as modified in light

of the requested exemption, with the appropriate Flight Standards District Office.

16. Written or oral permission from the relevant property holders or managers will be

obtained prior to flight.

17. All required permissions and permits will be obtained from territorial, state,

county, or city jurisdictions, including local law enforcement, fire, or other

appropriate governmental agencies.

18. If the UAS loses communications or loses its GPS signal, the UAS will have the

capability to return to a pre­determined location within the Security Perimeter and

land.

19. The UAS will have the capability to abort a flight in case of unpredicted obstacles

or emergencies.

Privileges and Limitations:

Pilot in Command Section 61.315 limits sport pilots to non­commercial operations.

Because the UAS will not carry a pilot or passengers, the proposed operations can
achieve the equivalent level of safety of current operations by requiring the PIC operating

the aircraft to have at least a sport pilot’s license (or “higher” eg. recreational, private,

commercial or ATP certificate(s)) rather than just a commercial pilot’s license to operate

a small UAS. Unlike a conventional manned aircraft, a UAS is remotely controlled by a

ground­based operator. The operational area is controlled and restricted, and all flights

are planned and coordinated in advance. The level of safety exceeds that provided by a

single individual holding a commercial pilot’s certificate operating a conventional

aircraft. The risks associated with the use of a UAS are so diminished from the level of

risk associated with commercial operations contemplated by Part 61 allowing UAS use

by a sport pilot as the PIC exceeds the present level of safety sought by 14 C.F.R.

§61.315.

14 C.F.R. § 91.103: Preflight Action. Section 91.103 requires each pilot to preflight an

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

manual will not be used, an exemption is requested. However, an equivalent level of

safety will be provided. The PIC will take all actions, including reviewing weather, flight

battery requirements, and aircraft performance data before commencement of flight.

14 C.F.R. §91.119(c): Minimum Safe Altitudes

Section 91.119 establishes safe altitudes for operation of civil aircraft. Section 91.119

provides, in pertinent part, that: “except when necessary for takeoff or landing, no person

may operate an aircraft below the following altitudes: .....

(c) Over other than congested areas. An altitude of 500 feet above the surface, except

over open water or sparsely populated areas. In those cases, the aircraft may not be

operated closer than 500 feet to any person, vessel, vehicle, or structure.”

Because Elevated Perspective LLC requests authority to operate at altitudes only up to

400 AGL, an exemption is needed to allow such operations. The UAS will be operated in

a restricted area within a security perimeter, where people will not be exposed to

operations without their pre­ obtained consent.

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

UAS as well as the location where it is operated. No flight will be taken without the

permission of property owners or local officials. Because of the advance notice to the

property owners and participants in the aerial data acquisition activity, all affected

individuals will be informed of the planned flight operations. Compared to flight

operations for manned aircraft and the lack of flammable fuel, any risk associated with

the proposed UAS operations is far less than conventional aircraft operating at or below

500 AGL. In addition, the low­altitude operations of the UAS will ensure separation

between a UAS and conventional aircraft.

14 C.F.R. §91.121 Altimeter Settings
Section 91.121 requires each person operating an aircraft to maintain cruising altitude by

reference to an altimeter that is set “...to the elevation of the departure airport or an

appropriate altimeter setting available before departure.” As a UAS may not have a

barometric altimeter, but instead a GPS altitude data, an exemption is needed. An

equivalent level of safety will be achieved by the operator, pursuant to the Flight

Checklist, confirming the altitude of the launch site shown on the GPS altitude indicator

before flight.

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

Section 91.151(a) prohibits an individual from beginning “a flight in an airplane under

VFR conditions unless (considering wind and forecast weather conditions) there is

enough fuel to fly to the first point of intended landing, and, assuming normal cruising

speed – (1) During the day, to fly after that for at least 30 minutes . . . .”

The battery powering the Elevated Perspective LLC UAS provides approximately 18

minutes of powered flight. To meet the 30­minute reserve requirement in 14 CFR

§91.151, UAS flights will be limited to approximately 10 minutes in length. Given the

limitations on the UAS’s proposed flight area and its proposed operations within a

predetermined location, a longer time frame for flight in daylight VFR conditions is

reasonable. Furthermore, operating the UASs in a tightly controlled area where only

people & property owners notified of the operation will be allowed, less than 30 minutes

of reserve fuel does not engender the type of risk that §91.151(a) was intended to address.

Elevated Perspective LLC believes that safety can be achieved by limiting flights to 10

minutes or 25% of battery power, whichever occurs first. This restriction would be more

than adequate to return the UAS to a pre­determined landing zone from anywhere in its

limited operating area.

Elevated Perspective LLC is not seeking an exemption for nighttime UAS operations.

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

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

inspected as prescribed in subpart E of this part and shall between required inspections,

except as provided in paragraph (c) of this section, have discrepancies repaired as

prescribed in part 43 of this chapter...,” and others shall inspect or maintain the aircraft in

compliance with Part 43.

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

certificate, these sections will not apply to Elevated Perspective operations. Maintenance

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

because the UASs are limited in size, will carry a small payload and operate only in

restricted areas for limited periods of time. If mechanical issues arise, the UAS can land
immediately and will be operating from no higher than 400 feet AGL. The operator will

ensure that the UAS is in working order prior to flight, perform any required

maintenance, and perform a check to ensure the required repair was effective and that the

UAS is in a safe and operable condition prior to additional flight.

Summary for Publication

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 Perspective LLC seeks an exemption from the following rules:

14 C.F.R. §§ 61.315(a) and (b); 91.103; 91.119(c); 91.121; 91.151(a); 91.405(a);

91.407(a)(1); 91.409(a)(2); and 91.417(a) and (b) to operate commercially a small

unmanned vehicle (55 pounds or less) for agriculture, construction/ architecture, and real

estate imaging purposes.

As established by the UAS exemptions already granted by the FAA, allowing

commercial operations of UASs in these industries will enhance safety by reducing risk.

Conventional film and photogrammetry operations, using manned aircraft, operate at low

altitudes and present the risks associated with aircraft that weigh around 4,000 pounds,

and which carry large amounts of fuel. Such aircraft must also fly to and from the area for

use. In contrast, a UAS weighing fewer than 55 pounds and powered by batteries

eliminates virtually all of that risk given the small size and lack of combustible fuel. The

UAS is carried, and not flown, to an area for use. In this regard, the UAS carries no

passengers or crew and, therefore, will not expose them to the risks associated with

manned flights.

The operation of UASs conducted in the strict conditions outlined in the petition will

provide an equivalent level of safety supporting the grant of the exemption requested.

The UASs operate at slow speeds, close to the ground, and in a sterile environment. As a

result, they are far safer than conventional operations conducted with aircraft carrying

fuel and flying near persons and property on the surface.

Privacy

All flights will occur over private or controlled access areas with the property owner’s

prior consent and knowledge. Photo or film will be only of people who have given their

consent or otherwise have agreed to be in the area where the flight will take place.

Satisfaction of the criteria provided in Section 333 of the Reform Act of 2012 (size,

weight, speed, operating capabilities, proximity to airports and populated areas and

operation within visual line of sight and national security) provide more than adequate

justification to grant Elevated Perspective LLC's requested exemption, allowing for

Elevated Perspective LLC's commercial UAS operations for the agriculture,

construction/architecture, and real estate industries.
Regards,

Ebiri Nkugba

Elevated Perspective, LLC