September 3, 2015

U.S. Department of Transportation

Docket Management System

1200 New Jersey Ave., SE

Washington, DC 20590

ELECTRONIC SUBMISSION

Dear Sir or Madam:

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

to as Reform Act) and 14 CFR Part 11, Elevation Technologies, Inc. (ET) hereby applies for an 

exemption from the listed Federal Aviation Regulations (FARs) to allow commercial operation of 

sUAS for precision aerial inspections, 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.

ET is a consulting firm that provides geospatial inspection through photographic and 

cinemagraphic services to a wide range of industries in the United States. The company leverages 

the capacities of GPS systems to provide services to industries that rely on them for regulatory 

compliance, public safety, and asset management. Being positioned in this highly competitive 

industry requires a significant investment in software and hardware products and an awareness of 

forthcoming technological developments. The sUAS is among a group of several technological 

developments that Elevation Technologies considers to be a tool that will have a positive impact on 

the way we perform data collection, photogrammetry, and visual documentation, all of which are 

services we provide for our customers.

As detailed in this document, the requested exemption would permit the operation of sUAS under 

controlled conditions in airspace that is 1) limited, 2) predetermined, 3) controlled as to access and 

4) safer due to the protocols followed by ET. Approval of this exemption would thereby enhance 

safety and fulfill the Secretary of Transportation’s responsibilities to “...establish requirements for 

the safe operation of such aircraft systems in the national airspace system.” Section 333(c) Reform 

Act.

The name and address of the applicant is:

Elevation Technologies, Inc.

Mike Radel

P.O. Box 329

Kila, Montana 59920

406-253-2058

elevationtech@outlook.com
Regulations from which the exemption is requested:

14 CFR Part 21

14 CFR 45.23(b)

14 CFR 61.113(a) & (b)

14 CFR 91.7(a)

14 CFR 91.9(b)(2)

14 CFR 91.103

14 CFR 91.109

14 CFR 91.111(a)

14 CFR 91.119

14 CFR 91.121

14 CFR 91.151(a)

14 CFR 91.203(a) & (b)

14 CFR 91.405(a)

14 CFR 407(a)(1)

14 CFR 409(a)(2)

14 CFR 417(a) & (b)

AUTHORITY FOR EXEMPTIONS

The Federal Aviation Act expressly grants the FAA authority to issue exemptions. This statutory authority 

includes exempting civil aircraft, as the term is defined under §40101 of the Act, including sUASs, from the 

requirement that all civil aircraft must have a current airworthiness certificate. 

The Administrator may grant an exemption from a requirement of a regulation prescribed under subsection 

(a) or (b) of this section or any sections §44702-44716 of this title if the Administrator finds the exemption 

in the public interest. 49 USC §44701(f ). See also 49 USC §44711(a); 49 USC §44704; 14 CFR 

91.203(a)(1). 

Section 333(b) of the Reform Act assists the Secretary in determining whether sUASs may operate in the 

national airspace system without creating a hazard to the user, the public, or a threat to national security. In 

making this determination, the Secretary must consider:

. The sUAS’ size, weight, speed and operational capability;

. Whether the sUAS operates within the visual line of sight of the operator;

. Whether the sUAS operates outside of highly populated areas and away from close proximity to

 airports.

Reform Act 333(a). If the Secretary determines that a sUAS “may operate safely in the national airspace 

system, the Secretary shall establish requirements for the safe operation of such aircraft in the national 

airspace system.” Id. 333(c).

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Elevation Technologies’ sUAS Fleet Specifications

ET’s fleet of sUAS consist of the following characteristics that illustrate their minimal impact to human 

beings, manned aircraft, and infrastructure:

1. Freefly ALTA:

. Weight: 10 lbs,

. Diameter: 1126 mm or approximately 44.25” without props

. Max Speed: 16m/s

. Max altitude: 1000 m

. Max distance: 2000 m

2. DJI Phantom:

. Weight: 1280 g

. Diagonal Size: 590 mm

. Max Speed: 16m/s

. Max altitude: 1000 m

. Max distance: 2000 m

The sUAS will operate only in the Pilot-in-Command’s (PIC) or Visual Observer’s (VO) visual line 

of sight at all times. Such operations will insure that the sUAS will “not create a hazard to users of the 

national airspace system or the public.” Reform Act Section 333(b).

Given the small size of the sUAS involved and the restricted environment within which they will operate, 

our application falls squarely within the zone of safety (an equivalent level of safety) in which Congress 

envisioned that the FAA must, by exemption, allow commercial operations of sUASs to commence 

immediately. Also due to the small size of the UAS and the low altitudes in which our sUAS will operate, 

approval of the application presents no national security issue.

The sUAS can be operated entirely by a touch-screen, map-based interface. This means the operator only 

needs to command the system where to go, and the system does all the flying for the operator. The sUAS 

can be operated in both semi and fully autonomous flight modes, with the operator simply clicking on a 

map to create a pre-planned flight path for a flight. In addition, the operator can create no fly zones or 

maximum flight ranges and altitudes so the system cannot enter areas deemed unsafe or unnecessary to fly 

over.

The sUAS has built-in intelligent fault handling which allows it to detect a system fault while in the air 

and automatically fly back to its take-off location and land. Faults that can be detected include: loss of 

communication; exceeding pre-set wind thresholds; and low battery levels.

All flight operations are global positioning system (GPS) controlled, making the system easy to navigate. 

At any point if the operator is not explicitly commanding the system to move, the system automatically 

holds its GPS position. The flight control system employs not only GPS positioning but a variety of sensors 

including sonar, barometric pressure, temperature, wind speed and others to ensure stability so long as wind 

thresholds are not exceeded. Also a flight termination link – to prevent a “fly away” or other potentially 

dangerous situation – is available to the operator.

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DESCRIPTION OF SPECIFIC REGULATIONS

14 CFR Part 21, Subpart H: Airworthiness certificates

Subpart H, establishes the procedural requirements for the issuance of airworthiness certificates as 

required by FAR §91.203(a)(1). Given the size and limited operating area associated with the aircraft to 

be utilized by ET, an exemption from Part 21 Subpart H meets the requirements of an equivalent level of 

safety under Part 11 and Section 333 of the Reform Act. The Federal Aviation Act (49 USC §44701(f )) 

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

for an airworthiness certificate, upon consideration of the size, weight, speed, operational capability and 

proximity to airports and populated areas of the particular sUAS. In all cases, an analysis of these criteria 

demonstrates that the sUAS operated without an airworthiness certificate, in the restricted environment 

and under the conditions proposed, will be at least as safe, or safer, than a conventional aircraft operating 

with an airworthiness certificate without the restrictions and conditions proposed.

14 CFR 45.23(b): Marking of the aircraft

This regulation requires that certain experimental, provisionally certified aircraft, or light-sport category 

aircraft to be marked with letters between 2 inches and 6 inches high “limited”, “restricted,” “lightsport,” 

“experimental,” or “provisional,” near each entrance to a cabin, cockpit or pilot station. Even though the 

UAS will have no airworthiness certificate, an exemption may be needed as the sUAS will have no entrance 

to the cabin, cockpit or pilot station on which the word “Experimental” can be placed. Given the size of 

the sUAS, 2 inch lettering will be impossible. ET will mark the sUAS with the organization’s name and 

address. 

14 CFR 61.113(a) & (b): Private pilot privileges and limitations: Pilot in command

Sections 61.113(a) and (b) limit private pilots to non-commercial operations. Because the sUAS will not 

carry a pilot or passengers, the proposed operations can achieve the equivalent level of safety of current 

operations by requiring the PIC operating the aircraft to have completed an UAS flight training course 

of 16 hours before flying a sUAS. Unlike a conventional aircraft that carries the pilot and passengers, the 

sUAS is remotely controlled with no living thing or cargo on board. The area of operation is controlled and 

restricted, and all flights are planned and coordinated in advance. The risks associated with the operation of 

the sUAS are so diminished from the level of risk associated with commercial operations contemplated by 

Part 61 when drafted, that allowing operations of the sUAS as requested exceeds the present level of safety 

achieved by 14 CFR 61.113(a) and (b).

14 CFR 91.7(a): Civil aircraft airworthiness

The regulation requires that no person may operate a civil aircraft unless it is in airworthy condition. As 

there will be no airworthiness certificate issued for the aircraft, should this exemption be granted, no 

FAA regulatory standard will exist for determining airworthiness. Given the size of the aircraft and the 

requirements for maintenance and use of safety checklists prior to each flight an equivalent level of safety 

will be provided.

14 CFR 91.9(b)(2): Civil aircraft flight manual, marking and placard requirements

The sUAS, given its size and configuration has no ability or place to carry such a flight manual on the 

aircraft, not only because there is no pilot on board, but because there is no room or capacity to carry such 

an item on the aircraft.

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The equivalent level of safety will be maintained by keeping the User Manual at the ground control point 

where the PIC flying the sUAS will have immediate access to it.

14 CFR 91.103: Preflight action

This regulation requires each PIC take certain actions before flight to ensure the safety of flight. An 

exemption is needed from this requirement as the PIC will take separate preflight actions, including 

checking for weather conditions, checking flight battery requirements, checking takeoff and landing 

distances, and all other actions in the safety checklists. These actions will provide an equivalent level of 

safety.

14 CFR 91.109: Flight instruction

Section 91.103 provides that no person may operate a civil aircraft (except a manned free balloon) that is 

being used for flight instruction unless that aircraft has fully functioning dual controls. By design, sUASs 

and remotely piloted aircraft do not have fully functional dual controls. Flight control is accomplished 

through the use of a control box that communicates with the aircraft via radio communications. The 

equivalent level of safety is provided by the fact that neither a pilot nor passengers will be carried in the 

aircraft, the ability to control the sUAS via radio signals from the controller and by the size and speed of the 

aircraft.

14 CFR 91.111(a): Operating near another aircraft

Section 91.111(a) establishes that no person may operate an aircraft so close to another aircraft as to create 

a collision hazard. Occasionally, sUAS engage in simultaneous flight routines that employ more than 

one (1) sUAS in a tightly controlled, patterned flight plan based on onboard GPS positioning navigation 

systems. This method of data collection employs interferometric capture sequences, requiring more than 

one measurement sensor during the flight routine.

14 CFR 91.119: Minimum safe altitudes

Section 91.119 establishes safe altitudes for operation of civil aircraft. Section 91.119(d) allows helicopters 

to be operated at less than the minimums prescribed, provided the person operating the helicopter complies 

with any route or altitudes prescribed for helicopters by the FAA. This exemption is for a multirotor craft 

that flies similarly to a helicopter, with vertical takeoff and vertical landing, which will typically operate at 

altitudes of 200 feet above ground level (AGL), so an exemption may be needed to allow such operations. 

The sUAS will never operate at altitude higher than 400 AGL and all operations will occur during daylight 

hours under Visual Meteorological Conditions (VMC) only.

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

location where it is operated. No flight will be taken without the permission of the property owner or local 

officials. Because of this notice, as well as the precautions outlined below, all affected individuals will be 

aware of the planned flight operations.

Flight operations will be conducted at least 500 feet from all non-participating persons (persons other than 

the PIC or VO), vessels, vehicles and structures, unless:

Barriers or structures are present that sufficiently protect non-participating persons from debris in the event 

of an accident. The PIC will ensure that non-participating persons remain under such protection. If a 

situation arises where non-participating persons leave such protection and are within 500 feet of the sUAS, 

flight operations will cease immediately and/or;

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The aircraft is operated near vessels, vehicles or structures where the land owner/controller has granted 

permission and the PIC has made a safety assessment of the risk of operating closer to those objects and;

Operations near the PIC or VO do not present an undue hazard to the PIC or VO, per 14 CFR 91.119(a).

The sUAS will remain within visual line of sight of the PIC or VO. Flight operations will be conducted at 

least 5 miles from an airport and at least 3 miles from any city or densely populated area. The PIC or VO 

will provide notification to the local Flight Standards District Office (FSDO) and airport controller of all 

operations within 5 miles of an airport. The FAA will have advance notice of all operations through the 

filing of notices-to-airmen (NOTAM).

Compared to flight operations with aircraft or rotorcraft weighing far more than the sUAS proposed 

herein and carrying flammable fuel, any risk associated with our operations is far less than those presently 

presented with helicopters and other conventional aircraft operating at or below 500 feet AGL. In addition, 

the low-altitude operations of the sUAS will ensure separation between these UAS operations and the 

operations of conventional aircraft that must comply with Section 91.119.

14 CFR 91.121: Altimeter Settings

This regulation requires each person operating the aircraft to maintain cruising altitude by reference to an 

altimeter that is set “...to the elevation of the departure airport or an appropriate altimeter setting available 

before departure.” As the sUAS may not have a barometric altimeter, but instead a GPS altitude read out, 

an exemption may be needed. An equivalent level of safety will be achieved by the PIC confirming the 

altitude of the launch site shown on the GPS altitude indicator before flight. 

14 CFR 91.151(a): Fuel requirements for flight in visual flight rules (VFR) conditions 

Section 91.151(a) outlines fuel requirements for beginning a flight in VFR conditions. Our sUAS is 

limited to operations in controlled environments and has a limited flight time which require an exemption 

from 14 CFR 91.151(a).

The battery powering the sUAS provides approximately 25 minutes of powered flight. This would render 

the sUAS unable to meet the 30 minute reserve requirement in 14 CFR 91.151. Given the limitations on 

the sUAS’s proposed flight area and the location of its proposed operations within a predetermined area, a 

longer time frame for flight in daylight VFR conditions is reasonable.

An equivalent level of safety can be achieved by limiting flights to 20 minutes, or enough battery reserve to 

ensure that the sUAS lands at the ground station with at least 20% of battery power (as determined by the 

onboard monitoring system and the PIC), whichever happens first. This restriction would be more than 

adequate to return the sUAS to its planned landing zone from anywhere in its limited operating area.

14 CFR 91.203(a) & (b): Carrying civil aircraft certification and registration

The sUAS has no cabin, cockpit or pilot station and is operated without an onboard pilot. Therefore, there 

is no ability or place to carry certification and registration documents or to display them on the sUAS.

An equivalent level of safety will be achieved by keeping these documents at the ground control point 

where the PIC flying the sUAS will have immediate access to them, to the extent they are applicable to the 

sUAS.

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14 CFR 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 ET. Maintenance will be accomplished by the operator pursuant to the manufacturer’s 

recommendations. An equivalent level of safety will be achieved because these sUASs are very limited 

in size and will carry a small payload and operate only in restricted areas for limited periods of time. If 

mechanical issues arise, the sUAS can land immediately and will be operating from no higher than 400 feet 

AGL. The PIC will ensure that the sUAS is in working order prior to initiating flight, perform required 

maintenance and keep a log of any maintenance performed.

Moreover, the PIC is the person most familiar with the aircraft and best suited to maintain the aircraft in 

an airworthy condition to provide the equivalent level of safety.

PUBLIC INTEREST

Approval of exemptions allowing commercial operations of sUASs for precision aerial surveys enhances 

safety while reducing risk. Manned aircraft monitoring and surveying creates a greater risk because the 

craft are much larger, have combustible fuel, and carry an onboard human pilot. In contrast, a sUAS 

weighing less than 55 pounds and powered by batteries eliminates virtually all of that risk given the reduced 

mass and lack of combustible fuel carried on board. The sUAS will carry no passengers or crew and, 

therefore, will not expose them to the risks associated with manned aircraft flights.

Conducting aerial surveys with the sUAS, instead of manned aircraft, will greatly benefit the public by 

drastically reducing the levels of air and noise pollution generated during traditional aerial survey flight 

operations. By using battery power and electric motors, the sUAS produces no air pollution and is a viable, 

environmentally conscious alternative to the cabin class, six cylinder internal combustion twin engine 

aircraft that are typically utilized for aerial surveys, while burning approximately 20-30 gallons per hour 

of leaded aviation fuel. The sUAS, while reducing the carbon footprint of aerial surveys, also reduces noise 

pollution as it is propelled by battery powered electric motors rather than an internal combustion engine.

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EQUIVALENT LEVEL OF SAFETY

ET proposes that the exemption requested herein apply to civil aircraft that have the characteristics and 

that operate within the limitations listed herein. These limitations provide for at least an equivalent or even 

higher level of safety to operations under the current regulatory structure because the proposed operations 

represent a safety enhancement to the already safe protocols followed by aerial survey operations conducted 

with helicopters and other conventional aircraft. ET PICs will be bound by the following limitations when 

conducting its sUAS operations under an FAA issued exemption:

1. The sUAS will weigh less than 55 pounds.

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

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

 terminated at 20% battery power reserve should that occur prior to the 20 minute limit.

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

5. Flight operations will be conducted 5 miles from an airport and at least 3 miles from any city or 

 densely populated area, which are depicted in yellow on VFR sectional charts.

6. Flight operations within 5 miles of an airport require notification and approval from the local 

 FSDO and airport controller.

7. Flight operations will occur during daylight hours and under visual meteorological conditions only.

8. The FAA will have advance notice of all operations through the filing of NOTAM.

9. Minimum crew for each operation will consist of the sUAS PIC and VO.

10. The PIC and VO will have been trained in the operation of the sUAS.

11. The PIC and VO will at all times be able to communicate by voice and/or text.

12. Written and/or oral permission from the relevant property holders will be obtained.

13. Flight operations will be conducted at least 500 feet from all non-participating persons, vessels,

 vehicles and structures unless:

a. Barriers or structures will be present that sufficiently protect non-participating persons

from debris in the event of an accident. The PIC will ensure that non-participating

persons remain under such protection. If a situation arises where non-participating

persons leave such protection and are within 500 feet of the sUAS, flight operations will

cease immediately and/or;

b. The sUAS will be is operated near vessels, vehicles or structures where the land

owner/controller has granted permission and the PIC has made a safety assessment of the risk

of operating closer to those objects and;

c. Operations near the PIC or VO do not present an undue hazard to the pilot or visual

observer.

14. If the sUAS loses communication or loses its GPS signal, the sUAS will have the capability to

 return to a safe, pre-determined location and land.

15. The sUAS will have the capability to abort flight in case of unpredicted obstacles or emergencies.

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PRIVACY

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

and knowledge. Images taken will be of individuals who have also consented to being filmed or

otherwise have agreed to be in the area where aerial photography will take place.

FEDERAL REGISTER SUMMARY

Mr. Mike Radel, Vice President/Aerial Photographer, Elevation Technologies, P.O. Box 329, Kila, 

Montana 59920, petitioned the FAA on behalf of Elevation Technologies for an exemption from part 

21 and §§ 45.23(b), 61.113(a) and (b), 91.7(a), 91.9(b)(2), 91.103, 91.109, 91.111(a), 91.119, 91.121, 

91.151(a), 91.203(a) and (b), 91.405(a), 407(a)(1), 409(a)(2), 417(a) and (b) of Title 14, Code of the Federal 

Regulations (14 CFR). The exemption would allow commercial operation of small Unmanned Aircraft 

Systems (sUASs) for precision aerial surveys, inspection, photography, and cinematography.

*******

Satisfaction of the criteria provided in Section 333 of the Reform Act of 2012 – size, weight, speed,

operating capabilities, proximity to airports and populated areas and operation within visual line of sight

and national security – provide more than adequate justification for the grant of the requested

exemptions allowing commercial operation of Elevation Technologies’ sUAS for precision aerial surveys, 

inspection, photography, and cinematography.

Sincerely,

Mike Radel

Elevation Technologies, Inc.

Vice President/Aerial Photographer

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