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SPH-2134068-1

UASolutions Group, Inc.

2518 Auburn Drive, Cocoa FL 32926

Tel: (321) 261-2547

Kellyneubecker@uasolutionsgroup.com

April 16, 2015

U.S. Department of Transportation, Docket Operations

West Building Ground Floor, Room W12-140

1200 New Jersey Avenue, SE

Washington, DC 20590 

Re: Petition for an Exemption to Conduct Small Unmanned Aircraft Systems (sUAS) 

Operations Allowed by Section 333 of the Federal Aviation Administration Modernization 

and Reform Act of 2012, 49 U.S.C. § 44701(f), and 14 C.F.R. Part 11

A. Summary

On behalf of our clients, Elevated Horizons, LLC, and pursuant to Section 333 of the 

Federal Aviation Administration (FAA) Modernization and Reform Act of 2012 (“FMRA”), 

Subsection (f) of 49 U.S.C. § 44701, and 14 C.F.R. Part 11, Elevated Horizons, LLC (“Elevated 

Horizons”), (hereafter known as the “Petitioner”), an operator of Small Unmanned Aircraft 

Systems (“sUAS”) equipped to conduct aerial imaging and surveying, seeks exemption from the 

following listed Code of Federal Regulations (“CFR”) to allow commercial operation of the DJI 

Spreading Wings S1000 (“S1000”) within the National Airspace System (NAS) for controlled, 

low-risk, precision agriculture operations for standard monitoring, yield, and production 

intervals, specializing in disease detection, conducted within and under the conditions outlined 

herein, or as may be established by the FAA, as required by Section 333 requirements. 

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

the S1000 sUAS by Petitioner under controlled conditions in predetermined airspace that is

1) Limited in scope 2) Controlled as to access by mission essential personnel only and 

3) Provides improved safety controls and efficiency to the agricultural industry presently using 

conventional aircraft. Approval of this exemption would thereby enhance safety and fulfill the 
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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” as 

stated within Section 333(c) of the FMRA. In making this determination, the Secretary is 

required to determine which types of sUAS do not create a hazard to users of the NAS or the 

public or pose a threat to national security in light of the aircraft’s size, weight, speed and 

operational capability; Operation of the sUAS in close proximity to airports and population 

centers; Operation of a sUAS within visual line of sight of the operator.

Grant of the requested exemption is in the public interest based upon the concise 

direction expressed within section 333 of the reform act; the added authority granted by the Act, 

as amended; an equivalent level of safety regarding flight operations as expressed herein, and 

significant cost savings achieved by transitioning from traditional manned aerial resources to 

sUASs. The petitioner respectfully requests that the FAA grant the requested exemption without 

delay. Petitioner will operate the S1000 sUAS while keeping the documents required by the

regulations at the ground control station and immediately accessible to the Pilot in Command

(PIC) and by modification of the required markings (registration number) of the sUAS to be 

displayed on the fuselage of the unmanned aircraft.

The name and address of the Petitioner is:

Elevated Horizons, LLC.

The primary contact for this petition, with a copy to me at the address above is:

Ty Rosier

7449 Rex Hill Trail,

Orlando, FL 32818

B. Regulations – Exemptions Requested

a. 14 C.F.R. 45.27(a), 

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

c. 14 C.F.R. 91.7(a), 

d. 14 C.F.R. 91.105, 

e. 14 C.F.R. 91.119(c)

f. 14 C.F.R. 91.121, 

g. 14 C.F.R. 91.151(b), 

h. 14 C.F.R. 91.405(a), 

i. 14 C.F.R. 91.407(a)(1), 

j. 14 C.F.R. 91.409(a)(1) and (2), and 

k. 14 C.F.R. 91.417(a) and (b). 
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C. Corporate Background

Elevated Horizons is an imaging service company, with the operational infrastructure to 

provide precision aerial imagery and surveying for numerous agricultural markets in different 

geographical locations throughout the Unites States in a safe, convenient, and legal manner. 

Elevated Horizons supports the University of Florida and Florida International University and is 

in current negotiations with Dole Food Company for its Rio Frio Banana farm in Costa Rica. 

Elevated Horizons’s sUAS for the purposes of this petition is the S1000, weighing 

approximately 4kg (8.9lbs) with a maximum takeoff weight of about 11kg (241lbs), including 

payload, and under normal conditions at a maximum speed of no more than 16 m/s (31kts). 

Elevated Horizons will operate only within visual line of sight (VLOS) and during daylight 

hours in Visual Flight Rules (VFR) conditions. Additionally, Elevated Horizons will operate 

only within the parameters defined in the blanket Certificate of Authorization (COA) issued by 

the FAA under the new interim policy. In the event any Elevated Horizon operation exceeds the 

200-foot limitation imposed by the policy, a separate COA specific to the airspace required for 

that operation will be obtained prior to flight operations. Such requirements will insure that the 

sUAS will “not create a hazard to users of the national airspace system or the “public” as stated 

in Section 333 of the FMRA. 

D. Airworthiness 

A critical element of consideration for grant of the petition is evidence of an equivalent 

level of safety for airworthiness of the sUAS. The FAA has been authorized to exempt aircraft 

from the requirement for an actual airworthiness certificate in accordance with the statutory 

criteria provided in Section 333 of PL 112-95 in reference to 49 USC 44704, in consideration of 

the size, weight, speed, and limited operating area associated with the aircraft and its operation. 

However, in accordance with FAA N 8900.291, Petitioner has an established inspection and 

maintenance program for the continued airworthiness of the aircraft in accordance with the 

manufacture’s maintenance, overhaul, replacement, inspection, and life limit requirements for 

the aircraft and aircraft components. 

In support of these characteristics, along with the published S1000 User’s Manual, A2 

Flight Control System User Manual, and Ground Station Wireless Data-link User manual, 

Elevated Horizons submits the following additional documents and manuals as attachments to 

this exemption request, to provide the details for review by the FAA. The following are a set of 
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Confidential Documents under 14 CFR 11.35(b) as each document and manual contains 

proprietary information that the applicant has not and will not share with others. The documents 

and manuals contain specifications, operating conditions and procedures, maintenance 

procedures and a safety management program that are not available to the public and are 

protected from release under the Freedom of Information Act 5 USC 552 et.seq.

• Elevated Horizons Standard Operating Procedures Manual (SOP)

• Elevated Horizons Maintenance Manual (MM)

E. DJI S1000 Summary

Petitioner seeks an exemption to operate the S1000 for limited approved commercial 

purposes within the NAS1. The S1000 is a multi-rotor sUAS aircraft built with a carbon

airframe and a transportable ground station. Elevated Horizons will utilize the DJI PC Ground 

Control Station software operating within the 900MHz-2.4GHz unlicensed frequency 

bandwidth. The S1000 has an empty weight of approximately 4kg (8.9lb) with a maximum 

takeoff weight 11kg (24 lb). The S1000 carries 6- Cell Lithium Polymer batteries, ranging

between 10,000-20,000 mAh, which facilitates up to 15 minutes of flight time. The S1000 will

be equipped with the DJI A2 multi-rotor autopilot which provides a maximum cruise speed of

16 m/s (31kts). The DJI autopilots feature auto-takeoff and landing, auto go home and 

landing, GPS waypoint navigation, direction lock, and GIS mapping. 

F. Regulatory Basis for Petition

Petitioner, pursuant to 14 C.F.R. §§ 11.61(b), 11.81, 2and the FAA Modernization and

Reform Act of 2012 (“FMRA”), Section 333, Special Rules for Certain Unmanned Aircraft

Systems (“Section 333”), hereby respectfully petitions the Administrator for an exemption from

the requirements of 14 C.F.R. §§, 45.27(a), 61.113(a) and (b), 91.7(a), 91.105, 91.119(c), 91.121, 

91.151 (b), 91.405(a), 91.407(a)(1), 91.409(a)(1) and (2), 91.417(a) and (b).

1. Section 333 

Congress identifies Section 333 of the FMRA, as a pathway for “expedited operational 

authorization” of certain sUAS in the NAS. Section 333 (b)(1) (“expedited operational 

 

1 Elevated Horizons will submit Aircraft Registration Applications as required, upon the grant of 

the exemptions sought by this petition.

2

14 C.F.R. § 11.61(b) (“Using a petition for exemption, you may ask FAA to grant you relief from 

current regulations in 14 C.F.R.”), 14 C.F.R. § 11.81 (“What information must I include in my 

petition for an exemption”)?
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authorization.”).

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 Under Section 333 Congress mandates that the FAA “shall determine if certain 

unmanned aircraft systems may operate safely in the national airspace system before completion 

of the plan and rulemaking required by Section 332 of this Act or the guidance required by 

section 334 of this Act” (Section 333(a)) upon consideration of its “size, weight, speed, operational 

capability, proximity to airports and populated areas, and operation within visual line of sight.” 

Section 333(b)(1). If the FAA makes such a determination, the FAA “shall [also] establish 

requirements for the safe operation.” Section 333(c). The FAA further may find that the sUAS does 

not require “airworthiness certification under section 44704 of title 49, United States Code.” Section 

333(b)(2).

2. 49 U.S.C. § 44701

The FAA is further authorized to grant exemptions from its safety regulations and 

minimum standards under 49 U.S.C. § 44701 (“Section 44701”) “if the Administrator finds 

the exemption is in the public interest.” Section 44701(f)4(authorizing the grant of 

exemptions from safety regulations and minimum standards under Section 44701(a) and (b) and 

Sections 44702-44716).5

For the reasons addressed herein, this Petition qualifies for expedited approval of 

Petitioner’s request for exemption under both Section 333 of the FMRA and 49 U.S.C § 44701.

G. S1000 Statutory Criteria for Exemption under Section 333

Given its small size, light weight, slow speed, limited load capacity, superior 

operational capabilities, and that the operations will be conducted only during the day, under 

visual meteorological conditions (“VMC”), within VLOS of the PIC, with the assistance of a visual 

safety observer (“VO”), and confined within the boundaries of a consenting landowner’s property

and not in the proximity of airports or populated areas, the S1000 is the very category of sUAS

 

3

See also www.faa.gov/sUAS/legislative_programs/section_333/ (noting that Section 333 grants 

the FAA “the statutory flexibility to expedite requirements for the safe operation of certain aircraft 

systems in the NAS.”).

4 Under 49 U.S.C. § 44701(f), the “Administrator may grant an exemption from a requirement

of a regulation prescribed under subsection (a) or (b) of this section or any of sections 44702-

44716 of [Title 49] if the Administrator finds the exemption is in the public interest.”

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See e.g. 49 USC §44711(a)(1) prohibiting operations without airworthiness certificate; (2) 

prohibiting serving as airman without airman’s certificate; (5) prohibiting commercial operations in 

violation of regulations); 49 USC §44704 (issuance of airworthiness certificate); 14 C.F.R. §91.203

(a)(1) (carry airworthiness certificate)).
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that qualifies for expedited approval under Section 333.

1. Operational Capability

The S1000 was specially designed for low altitude surveillance, photography, and 

cinematography. Supported by electric batteries that are rechargeable, the S1000 can fly from 

15-18 minutes (*depending upon atmospheric conditions) and carry a variety of cameras or 

sensors. Other Operational metrics of the S1000 are as follows:

Frame

Diagonal Wheelbase 1045mm

Frame Arm Length 386mm

Frame ArmWeight

325g (with Motor, ESC, Propeller )

Center Frame Diameter 337.5mm

Center Frame Weight (with Landing Gear

1330g

Mounting Base, Servos)

460mm(Length)×511mm(Width)×305mm(Height) 

Landing Gear Size

(Top width: 155 mm)

Motor

Stator Size 41×14mm

kV 400rpm/V

Max Power 500W

Weight (with Cooling Fan) 158g

ESC

Working Current 40A

Working Voltage 6S LiPo

Signal Frequency 30Hz ~ 450Hz

Drive PWM Frequency 8KHz

Weight (with Radiators) 35g

Foldable Propeller (1552/1552R)

Material High strength performance engineered plastics

Size 15×5.2inch

Weight 13g

Flight Parameters

Takeoff Weight 6.0Kg ~ 11.0Kg

Total Weight 4.2Kg

Power Battery

LiPo (6S, 10000mAh~20000mAh, 15C(Min))
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Max Power Consumption 4000W

Hovering Power Consumption 1500W (@9.5Kg Takeoff Weight)

Hovering Time 15min (@15000mAh& 9.5Kg Takeoff Weight)

Working Environment Temperature -10 oC ~ +40 oC

2. Proximity to Airports/Population Centers or Areas

Flight operations pursuant to this Petition will be tightly controlled and restricted to

low risk rural areas and in accordance with the blanket 200-foot COA requirements at an altitude 

of no more than 200 feet above ground level (AGL). In the event an Elevated Horizon operation 

is required to exceed the 200-foot limitation imposed by the policy, a separate COA specific to the 

airspace required for that operation will be obtained prior to operations at an altitude of no more 

than 400 feet AGL. All altitudes reported to ATC will be in AGL when required and any 

operations conducted within 5 nautical miles (NM) of the geographic center of a non-towered 

airport will obtain a Letter of Agreement with the appropriate airport management and made 

available to FAA upon request. In addition, access to any property will be limited to persons 

associated with and necessary to flight operations.

3. Visual Line-of-Sight

The minimum crew for each operation will consist of a PIC and VO. The VO will be 

used as an additional mitigation to satisfy the VLOS requirement, but the PIC will always 

maintain VLOS with the sUAS. The S1000 will at all times be flown by Petitioner only in the 

daytime (not at night) under VMC, within VLOS of the PIC, with the further assistance of the 

VO with whom the PIC will have the ability for direct and continuous two-way verbal 

communications

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so as to ensure that the flight operations remain within the PIC’s VLOS and 

prescribed flight boundaries and de-conflict with objects in the air and on the ground. Thus, 

pursuant to the FAA Order 8900.1 Volume 16, Chapter 1, Section 3, the proposed operations 

will provide an approved method of control and collision avoidance to satisfy the “see and 

avoid” requirement of 14 C.F.R. § 91.113:

Only qualified and current PIC’s and VOs, as provided in the SOP will be used.

4. Other Factors

 

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[PIC and VO are within speaking distance and all communications between PIC and VO will be 

without communications equipment]
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a. S1000 Safety Systems 

Petitioner proposes that requirements should take into account the characteristics of this

particular sUAS. The S1000 is characterized by a high degree of pre-programmed control, 

various built-in technical capabilities that limit the potential for operation outside of the 

operating conditions as set forth below, and many built-in functional, safety and redundancy 

features to ensure a safe and reliable operation. At a minimum: geo-fencing at a maximum 

ceiling of 200’or 400' AGL, flight programming capabilities, a flight termination link available to 

the operator to prevent a "fly away," and safe abort procedures. If the S1000 loses 

communications or its GPS signal, it will return to a pre-determined location and land or be 

recovered in accordance with the SOP. The S1000 will have markings identifying the serial 

number and identification (N-number) markings as large as practicable. Further, Elevated 

Horizons operations will comply with all manufacturer Safety Bulletins. As previously stated, 

Elevated Horizons will incorporate the associated DJI A2 Flight Control System into the S1000. 

The A2 is capable of controlling various multi-rotor platforms and offers high accuracy 

performance through a unique damping design and calibration algorithm. The high performance 

of the A2 guarantees stable flight in the presence of high vibration and winds. The A2 Flight 

Control System includes the controller unit with a built-in receiver, a power management unit, an 

inertial measurement unit, a Bluetooth unit, and a GPS & Compass. Detailed descriptions of each 

subsystem can be seen below.

Controller Unit:

• Output signals for up to eight electronic speed controllers (ESCs)

• Built-in receiver based on DJI DESST technology, which is compatible 

with Futaba FASST and DJI DESST transmitters

o Two available ports for connecting Spektrum or JR DSM2 satellite 

receivers.

• Two CAN-Bus ports 

o Sensors

o Power Management

• Four independent and configurable output channels

Power Management Unit:

• Provides dual Battery Eliminator Circuits (BECs)
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o PW port provides power to the whole flight control system with 

current no more than 2A

o PX port provides 3A at 5V and V-SEV signal

• Two CAN-Bus ports for connecting peripheral devices

Inertial Measurement Unit:

• High quality components, with build in damper, precisely calibrated 

with temperature compensation in all gyros and sensors

• Built-in pressure sensor for altitude determination

Blue Tooth Unit:

• Connects to ground station for real-time parameter configuration, flight 

monitoring, and waypoint navigation

GPS & Compass

• Determines aircraft inertial position

• Measures geomagnetic field for correcting heading estimations

b. Safety Management System

A Safety Management System (SMS) approach will regulate Petitioner’s operation of 

the S1000 and will significantly contribute to maintaining the level of safety contemplated by 

the airworthiness certificate requirements from which Petitioner now seeks relief.

Pursuant to the SMS and 14 C.F.R. § 43.13, entitled Performance Rules (general), each 

person performing maintenance, alteration, or preventive maintenance on the S1000, motor,

propeller, or appliance shall use the methods, techniques, and practices prescribed in the

current manufacturer's User’s Manual or Instructions for Continued Airworthiness prepared by 

its manufacturer, or other methods, techniques, and practices acceptable to the Administrator.

Each person shall use the tools and equipment necessary to assure completion of the work in

accordance with accepted industry practices.

c. Flight Operation Limitations and Safety

To ensure consistent safety operations, Petitioner has developed a SOP Manual based 

upon procedures, notices and guidance the FAA has provided to obtain exemption under 

Section 333, (submitted on a proprietary and confidential basis to the FAA).

In seeking this exemption, Petitioner proposes to operate the S1000 pursuant to the

following specific operating limitations: 
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1. The S1000 shall only be operated at or below 200 ft AGL, unless a separate COA 

specific to the airspace required for that operation is obtained prior to operations at 

an altitude of no more than 400 feet AGL.

2. The S1000 shall be operated within VLOS of the PIC and safety VO.

3. The S1000 shall be operated pursuant to Day Visual Flight Rules (VFR) in visual

meteorological conditions (VMC). The S1000 shall be operated only during

daylight hours (i.e. between the end of morning civil twilight and the beginning of 

evening civil twilight, as published in the American Air Almanac, converted to

local time).

4. The radio frequencies used for operations and control of the UAS (2.4GHz) will 

comply with the Federal Communications Commission ("FCC") or other 

appropriate government oversight agency requirements.

5. The S1000 shall operate from on-site takeoff/landing locations directly next to the

PIC and co-located VO. The PIC and the VO shall be able to verbally 

communicate during all operations. 

6. Operations shall be conducted by certificated airmen who possess either a 

commercial, private, recreational, or sport pilot certificate.

7. The PIC will be a FAA licensed airman and will hold a current airman medical 

certificate or valid U.S. driver’s license issued by a state, the District of Colombia, 

Puerto Rico, a territory, a possession, or the Federal government. The PIC will also 

meet the flight review requirements specified in 14 CFR § 61.56 in an aircraft in which 

the PIC is rated on his or her pilot certificate. 

8. The PIC shall have successfully completed the training and qualification process as 

specified in the Phantom Pilot Training Guide. PIC qualification flight hours and currency 

will be logged in a manner consistent with 14 CFR § 61.51(b). Training operations will 

only be conducted during dedicated training sessions.

9. A minimum of three take-offs and three landings in the preceding 90 days will 

be required by the PIC to maintain currency, such log of which shall be made 

available to the Administrator upon request.

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

received up-to-date information on S1000 operations.
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11. All operations will utilize a VO. The UA will be operated within the VLOS of the

PIC and VO at all times. The VO may be used to satisfy the VLOS requirement as 

long as the PIC always maintains VLOS capability. The VO and PIC will be able

to communicate verbally at all times; electronic messaging or texting is not 

permitted during flight operations. The PIC will be designated before the flight and 

cannot transfer his or her designation for the duration of the flight. The PIC will 

ensure that the VO can perform the duties required of the VO.

12. The UA will be operated within visual line of sight (VLOS) of the PIC at 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 or U.S. driver’s license.

13. If a pilot certificate holder other than the PIC, who possesses the necessary PIC 

qualifications, is also present during flight operations, that person can also be 

designated as PIC and will follow the procedures as defined within the SOP to 

assume control.

14. A briefing will be conducted in regard to the planned operations prior to each 

flight as detailed within the SOP. It will be mandatory that all personnel who are 

performing duties within the boundaries of the flight operations safety perimeter 

be present for the briefing.

15. Petitioner will obtain an Air Traffic Organization (ATO) issued COA prior to 

conducting any actual flight operations. GPI will only operate within the 

guidelines of the blanket 200-foot COA under the FAA’s interim policy. For 

flights above 200 feet AGL, GPI will operate in a confined geographic area as 

defined by a separate ATO issued COA.

16. At least three (3) days before scheduled operations, operator shall submit a written 

Plan of Activities to the local Flight Standards District Office (FSDO) with 

jurisdiction over the area of proposed operations, such submission of which may 

be waived with the concurrence of the FSDO. If required by the FSDO to be 

submitted, the Plan of Activities shall include: dates and times for all flights; 

operator’s and on-scene flight operator’s name and phone number; sUAS make, 

model and serial or N-number; PIC’s name and certificate number; statement that 

the operator has obtained permission from property owners and/or local officials to 
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conduct the operations (such list of those who gave permission to be made 

available upon request); description of the planned flight activity, including, as 

applicable, maps or diagrams of the area, city, town, county and/or state over 

which the operation will be conducted, and the altitudes essential to accomplish 

the operation; signature of the exemption holder or representative. 

17. Petitioner will file a NOTAM for each flight no more than 72 hours but no less 

than 48 hours prior to each flight with the appropriate FSDO.

18. Any operations that will be conducted within 5 nautical miles (NM) of the 

geographic center of a non-towered airport will obtain a Letter of Agreement 

with the appropriate airport management and made available to FAA upon 

request.

19. Prior to flight operations, Petitioner shall coordinate 1 hour ahead of the proposed 

flight a communication with the nearest local Air Traffic Control facility 

indicating location, altitude and duration of the proposed flight.

20. 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 at least 12 hours in advance of any flight 

operation.

21. The S1000 shall be marked with an identification (N-Number) in accordance with 

14 C.F.R. § 45.23, such markings to be as large as practicable pursuant to 14 

C.F.R. § 45.29(f), and identified by a serial number registered in accordance with 

14 C.F.R. Part 47.

22. All flights will remain clear and yield the right of way to all other manned 

operations and activities at all times, including, but not limited to: ultralight 

vehicles, parachute activities, parasailing activities, hang gliders, etc.

23. Flights will not be operated less than 500 feet below or less than 2,000 feet 

horizontally from a cloud or when visibility is less than 3 statute miles from the 

PIC.

24. For the proposed flight operation, only one S1000 shall be airborne at any given

time.

25. The S1000 shall only be operated at or below an airspeed of 16 Meters Per 

Second (31kts).
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26. Prior to performing any flight operations, the PIC and VO shall have 

successfully completed a qualifying process, as provided in the SOP.

27. Any time the S1000 is operating, all documents required under 14 C.F.R. § 91.9 

and § 91.203 shall be available to the PIC at the GCS. Such documents shall be 

made available to the Administrator or any law enforcement official upon 

request. 

28. The S1000 shall not be operated directly over any person, except authorized and 

consenting personnel required for flight/imaging operations.

29. The S1000 shall at all times be operated to ensure a safe distance away from all 

participating and non-participating personnel, at least 500 feet away from persons 

not involved in the flight operations (non-participating persons) unless: 

 Barriers or structures are present that sufficiently protect nonparticipating 

persons from the UA and/or debris in the event of an accident. The operator 

must ensure that nonparticipating persons remain under such protection. If a 

situation arises where nonparticipating persons leave such protection and are 

within 500 feet of the UA, flight operations must cease immediately in a 

manner ensuring the safety of nonparticipating persons.

 The owner/controller of any vessels, vehicles or structures has granted 

permission for operating closer to those objects and the PIC has made a 

safety assessment of the risk of operating closer to those objects and 

determined that it does not present an undue hazard.

30. Prior to performing any flight operations, a pre-flight checklist will be used by a

qualified PIC as provided in the SOP. Documentation of such pre-flight check 

shall be made in the aircraft records and such records shall be made available to 

the Administrator upon request.

31. The flight will be terminated at 20% battery power reserve or 3 minutes, whichever 

occurs first.

32. Prior to each flight, the PIC shall inspect the S1000, including any inoperable 

components, items or equipment, to ensure it is in an airworthy condition for 

safe flight. If the inspection reveals a condition that affects flight readiness or

safe operations, the S1000 shall not be operated until the necessary maintenance 

has been performed and it is found to be in a condition for safe flight. Any 
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discrepancies and all maintenance or alterations shall be documented in the 

aircraft records, such records to be made available to the Administrator upon 

request.

33. Except as may be designated otherwise for Fail-Safe operations, the S1000 shall

take off and land at a location within the boundaries of the subject property next to

the PIC.

34. Upon loss of communication or GPS signal, the S1000 shall return to a 

predetermined location within the boundaries of the landowner’s property and 

land or be recovered in accordance with the Operator’s Manual. 

35. In the event of an emergency or unanticipated obstacle to planned operations, 

the operation shall be aborted and the S1000, if airborne, shall return to a 

predetermined location.

36. The S1000 shall be maintained in accordance with the manufacturer’s

recommended practices and in accordance with the Elevated Horizons

Maintenance Manual, including any amendments or updates thereto. All 

amendments or updates shall be tracked and a record of such amendments or 

updates shall be maintained and made available to the Administrator upon 

request.

37. Elevated Horizons will follow the manufacturer’s aircraft/component, 

maintenance, overhaul, replacement, inspection and life limit requirements. 

38. All operations shall be conducted over private or controlled-access property 

with permission from the property owner/controller or authorized representative. 

Permission from property owner/controller or authorized representative will be 

obtained for each flight to be conducted.

39. Any incident, accident or flight operation that transgresses the lateral or vertical 

boundaries of the operational area as defined by the applicable COA shall be 

reported to the FAA’s UAS Integration Office within 24 hours. Accidents shall 

also be reported to the National Transportation Safety Board (NTSB). Further 

flight operations shall not be conducted until the incident, accident or 

transgression is reviewed by the UAS Integration Office and authorization to 

resume operations is provided.
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d. Privacy 

Petitioner will comply with all federal, state, and/or local privacy regulations that may 

apply in the areas in which Petitioner will operate the S1000 pursuant to this Petition. Further, 

Petitioner’s policy is to avoid operations that might invade personal privacy in accordance 

with Petitioner’s privacy policy available to the administrator upon request. 

e. Physical Security

In order to ensure its safe and proper use, Petitioner will be the only operator of the 

S1000 and the S1000 will at all times remain in Petitioner’s custody.

5. .Lack of Threat to the NAS, Public, or National Security 

For the reasons previously addressed, including meeting Section 333(b)(1) criteria, 

Petitioner’s record of safety and the small size of the sUAS involved and the controlled sterile 

area within which they will operate, Petitioner falls squarely within that 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. Petitioner will operate the 

S1000 in accordance with the aforementioned flight limitations without creating a hazard to

other aircraft or persons or property on the ground. The fact that each PIC will be required to be 

screened by the Department of Homeland Security, approval of the petition presents no threat to national 

security. Further, given its small size and limit load capacity, the S1000 sUAS is incapable of 

carrying any substantial external load, including explosive materials or flammable liquids. 

For all of these reasons, Petitioner’s proposed operations using the S1000 qualify for expedited 

approval of the sought exemption pursuant to Section 333 for the specified uses and under the 

proposed operating requirements and restrictions.

H. Public Interest Benefits 

Granting Petitioner’s request for exemption would benefit the public and have no adverse effect 

on safety for the following reasons. 

1. Public Interest Generally

The grant of the requested exemption is in the public interest based on the clear 

direction in Section 333 and 49 U.S.C. § 44701(f), the equivalent and enhanced level of 

safety of the proposed operations, the significant public benefit, and cost savings to be 

realized as a result of the use of sUAS for precision agricultural aerial imaging and 

survey services. Moreover, the FAA has granted similar exemptions for sUAS used to 
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conduct high resolution aerial imaging and precision agriculture operations.

7 The S1000 is

a battery powered sUAS that serves as a safer, more efficient, and economical alternative to larger 

and heavier manned aircraft carrying flammable liquid fuels, traditionally use for precision 

agricultural aerial surveying. This will provide for an added superior level of safety to persons 

and property in the air and on the ground than that provided by manned aircraft performing the 

same operations. No pilot or crew need be airborne and granting the exemption would also 

decrease the number of manned aircraft in the NAS and, as a result, reduce congestion as well as 

the environmental impact of such operations. Using the S1000 also provides the benefit of greater

operational flexibility and reduced cost when compared to manned aircraft.

a. Increased Aircrew Safety and Reduced Risk to Persons/Property On Ground

Because the S1000 is unmanned, the proposed operations eliminate the risk to pilot and crew 

associated with flying such aerial-surveying missions in confined airspace at low altitude. Further, 

given its small size and weight and low airspeed, using the S1000 also reduces the risk of damage or 

injury to persons or property on the ground, and in the air, were there to be an unforeseen mishap. 

b. Reduced Environmental Impact

Using the S1000 sUAS instead of manned aircraft also benefits the public by eliminating or 

greatly reducing air and noise pollution associated with traditional aerial imaging operations. 

Because it is battery powered and uses electric motors, the S1000 sUAS consumes no fuel,

generates no air pollution, and creates very little noise. As a result, the public is benefited as a result

of reduced environmental impact, reduced operator and other human exposure, and greater fuel 

conservation, which serves additionally to support our Government’s specific efforts to reduce the 

U.S.’s carbon footprint.8

c. Fewer Manned Aircraft in the NAS and Reduced Need for ATC Handling

The Elevated Horizons S1000 also does not require a runway or helipad to takeoff or land

and will not be operated within the close proximity of any airports without prior FAA approval.

As such, fewer aircraft will need to be handled by air traffic control during ground, takeoff,

departure, arrival, and landing phases. Operations pursuant to this Petition will further reduce the 

 

7 Elevated Horizons requests that the FAA not solicit public comment on its petition because it

would not set any new precedent and because the relief requested is identical to exemptions

granted previously. 14 C.F.R. § 11.87.

8 Reducing the U.S.’s carbon footprint is a high priority and consistent with the U.S. Environmental

Protection Agency’s regulatory efforts to phase out the use of fossil fuels. 
17

number of manned aircraft flying or transiting at or above 500’ AGL to and from the areas of 

imaging operations as well as congestion around airports due to aircraft arrival and departure.

d. Superior Aerial Imagery and Increased Benefit to U.S. Economy

Better aerial footage can also be obtained using the small and nimble S1000 than can be 

obtained using manned aircraft or other ground-based methods. Due to its small size and superior 

flight performance characteristics, the S1000 allows for images to be taken from certain locations and 

angles and with better precision than using manned aircraft. As a result, less time is needed in the air

to obtain the desired footage, which in addition to providing the benefit of fewer aircraft in the NAS

and associated reduced risk to objects and persons and property in the air and on the ground, reduced

noise, etc., allows for the production of surveys, which benefits consumers. This additionally ensures 

that companies such as Elevated Horizons and its customers remain competitive and profitable,

thereby providing their employees greater job stability, which ultimately contributes further to the

U.S. economy through increased consumer spending. 

e. Increased Operational Flexibility and Reduced Cost

Using the S1000 also provides the benefit of greater operational flexibility and reduced cost 

when compared to manned aircraft. Instead of each time having to hire a manned aircraft at 

thousands of dollars/hour, subject to the pilot’s schedule and availability, Petitioner can operate 

the S1000, which it has purchased and outfitted at lower combined cost, innumerable times and at the 

convenience of Petitioner’s and its customer’s schedules.

2. No Adverse Safety Effects

Granting this Petition will also not adversely affect aviation safety or pose any undue 

risks to the public. The operations pursuant to this Petition will be in accordance with 

Petitioner’s internal SOP, including approved processes and checklists and in compliance with

all applicable FAA safety policies and guidance. Accordingly, and as detailed herein, 

granting the requested exemption would not adversely affect safety. Indeed, as detailed below, 

operations pursuant to the limitations and guidelines addressed herein and the safety 

procedures, Petitioner will provide an equivalent level of safety to those regulations from 

which Petitioner seeks exemption. The FAA has also recently set precedence by granting 

exemptions with similar aerial imaging parameters in all material respects, to those presented

herein. For these reasons Elevated Horizons’s operations pursuant to this Petition also qualify 

for an exemption. 

I. Exemptions Sought By Petitioner and Reasons for the Requested Relief
18

Pursuant to Section 333, Petitioner seeks an exemption from the requirements of 14 

C.F.R. §§ 45.27(a), 61.113(a) and (b), 91.7(a), 91.105, 91.119(c), 91.121, 91.151(b), 91.405(a), 

91.407(a)(1) and (2), 91.409(a)(1) and (2), 91.417(a) and (b).

1. Section 45.27(a). Location of marks; non fixed-wing aircraft.

Section 45.27, entitled Location of marks; nonfixed-wing aircraft, subsection (a) states 

(emphasis added):

(a) Rotorcraft. Each operator of a rotorcraft must display on that rotorcraft 

horizontally on both surfaces of the cabin, fuselage, boom, or tail the marks 

required by § 45.23.

To the extent subsection 45.27(a) may be deemed to apply to the S1000 sUAS, Petitioner

seeks an exemption from the subsection (i.e., that the marks be displayed on both surfaces of the 

cabin, fuselage, boom, or tail) because the S1000 sUAS is of insufficient size to accommodate 

any such marking. Thus marking the S1000 sUAS as required by this subsection would not be 

possible.

An equivalent level of safety can be provided instead by marking the S1000 sUAS, as 

may be applicable, with lettering as large as practicable (14 C.F.R. § 45.29(f)) on its largest 

available surface so as to permit such marking to be displayed to pilot, crew, and others both 

when the S1000 sUAS is on the ground and airborne.

2. Section 61.113(a) and (b). Private pilot privileges and limitations: Pilot in 

command.

Petitioner seeks an exemption from 14 C.F.R. 61.113(a) and (b). Section 61.113, entitled

Private pilot privileges and limitations: Pilot in command, subsections (a) and (b) state 

(emphasis added):

(a) Except as provided in paragraphs (b) through (h) of this section, no person who 

holds a private pilot certificate may act as pilot in command of an aircraft that is 

carrying passengers or property for compensation or hire; nor may that person, 

for compensation or hire, act as pilot in command of an aircraft.

(b) A private pilot may, for compensation or hire, 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.
19

In general, subsections 61.113 (a) and (b) prohibit a private pilot from conducting 

commercial operations. Petitioner seeks exemption from the subsections because the S1000 will

not carry a pilot, passengers or property (other than a camera). As addressed, the S1000 is a very 

light, remotely controlled sUAS with no persons or property on board. The area of operations is 

generally remote or sparsely populated. Each flight is planned and fully coordinated in advance 

in accordance with those procedures provided in the SOP. Thus the risk associated with the 

proposed operations is so diminished from that associated with commercial operations 

contemplated by Part 61, that allowing a P IC having a private pilot certificate, rather than a 

commercial certificate, met the minimum flight hour and qualification criteria, and operating 

according to the limitations and guidelines provided herein, provides a level of safety that 

exceeds that provided by a pilot having a commercial certificate operating a conventional aircraft 

as required under the regulations.

The FAA has already set precedence by previously granted exemptions in circumstances

similar, in all material respects, to those presented herein. 

3. Section 91.7(a). Civil Aircraft Airworthiness.

Either finding that Petitioner meets the Section 333 criteria or exemption from the 

airworthiness certification requirement under 14 C.F.R. Part 21 renders subsection 91.7(a) 

inapplicable. 

Section 91.7, entitled Civil aircraft airworthiness, subsection (a) states (emphasis added):

“No person may operate a civil aircraft unless it is in an airworthy condition.” There is no FAA 

standard by which such a determination of airworthiness can be made. Nonetheless, given the

limitations and procedures, as contained herein, the Safety Procedures contained within the the 

SOP, and the Maintenance Manual, for maintaining the aircraft and checking it before each 

flight to ensure that it is in peak operational condition, an equivalent level of safety will be

provided.

4. Section 91.105. Flight crewmembers at stations.

Petitioner seeks an exemption from 14 C.F.R. 91.105. Section 91.105, entitled Flight 

crewmembers at stations, states (emphasis added):

(a) During takeoff and landing, and while en route, each required flight 

crewmember shall—
20

(1) Be at the crewmember station unless the absence is necessary to 

perform duties in connection with the operation of the aircraft or in 

connection with physiological needs; and

(2) Keep the safety belt fastened while at the crewmember station.

(b) Each required flight crewmember of a U.S.-registered civil aircraft shall, 

during takeoff and landing, keep his or her shoulder harness fastened while at his 

or her assigned duty station. This paragraph does not apply if—

(1) The seat at the crewmember's station is not equipped with a shoulder 

harness; or,

(2) The crewmember would be unable to perform required duties with the 

shoulder harness fastened.

In general, Section 91.105 requires pilot and crew to be at their duty stations and 

harnessed during flight. Petitioner seeks exemption from the Section 91.105 because the S1000

sUAS is by definition an unmanned aircraft, having neither pilot nor crew so as to be stationed or 

harnessed as required by the regulation. An equivalent or even higher level of safety can be

provided instead by using an unmanned aircraft controlled by a PIC who at all times is located at 

and controls the S1000 from the GCS. 

5. Section 91.119(c). Minimum safe altitudes.

Petitioner seeks an exemption from 14 C.F.R. 91.119(c). Section 91.119, entitled Minimum 

safe altitudes: General, subsection (d) states (emphasis added):

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.

Section 91.119(c) establishes safe altitudes for operation of civil aircraft over other than 

congested areas. Petitioner seeks exemption from subsection 91.119(c) because, pursuant to this 

Petition, the S1000 sUAS will at times be operated at or below 200 or 400 feet AGL.

An equivalent or even higher level of safety can be provided instead by, as provided 

herein, operating so as to de-conflict with manned vehicles operating above 500 feet AGL, within
21

the VLOS of the PIC with the assistance of a VO so as to ensure the safety of and de-confliction 

with any persons or property in the air and on the ground, including participating and nonparticipating personnel, 100 feet and 500 feet, respectively, away from who the UA would 

generally be restricted. Further the S1000 sUAS flight operations will be monitored at all 

times by both the PIC and VO and will be in compliance with local public safety requirements,

so as to prevent access to the restricted areas of operation. 

The FAA has set precedence by previously granted exemptions in circumstances similar,

in all material respects, to those presented herein.

6. Section 91.121. Altimeter settings.

Petitioner seeks an exemption from 14 C.F.R. 91.121. Section 91.121, entitled Altimeter 

settings, 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.” Petitioner seeks exemption from Section 91.121 because the 

S1000 sUAS does not use or have on board a typical barometric altimeter as contemplated by the 

regulation. 

Note: An equivalent level of safety will be provided instead, by operating the sUAS at 

or below 400 feet AGL, within the VLOS of the PIC (with the assistance of a VO), with altitude 

information downlinked from the S1000 to the PIC to maintain altitude and ensure safety. Prior 

to each flight, a zero altitude/AGL will be established at the launch site, as confirmed for 

accuracy by the PIC. 

7. Section 91.151(b). Fuel requirements for flight in VFR conditions.

Petitioner seeks an exemption from 14 C.F.R. 91.151(b). Section 91.151(b), entitled Fuel 

requirements for flight in VFR conditions, states (emphasis added):

(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, assuming normal cruising speed, to fly 

after that for at least 20 minutes.

The S1000 is an unmanned aircraft, and thus would not begin a flight with a person in it 

as the regulation contemplates. To the extent the regulation applies to the S1000, the S1000 has 

a maximum flight duration of 15-18 minutes, depending upon atmospheric conditions and type 

of camera or sensor. 
22

An equivalent level of safety can be achieved by terminating the flight at 20% battery 

power reserve or 3 minutes whichever occurs first, as provided in the SOP. Given that the

S1000 will be operated within the VLOS of the PIC, within the confines of the particular 

landowner’s property with prior written consent of the landowner and participating and nonparticipating personnel, this restriction would provide more than enough battery reserve to 

accommodate a safe return to the landing zone from anywhere in the operating area with no 

adverse effect on the safety of persons and property in the air or on the ground. 

The FAA has set precedence by previously granted exemptions in circumstances similar,

in all material respects, to those presented herein. 

8. Sections 91.405(a), 91.407(a)(1), 91.409(a)(2), 91.417(a) and (b). Maintenance 

inspections and recording.

Section 91.405(a), entitled Maintenance required, states:

Each owner or operator of an aircraft—

(a) 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;

Section 91.407(a)(1), entitled Operation after maintenance, preventive maintenance, rebuilding, 

or alteration, states:

(a) No person may operate any aircraft that has undergone maintenance, 

preventive maintenance, rebuilding, or alteration unless—

(1) It has been approved for return to service by a person authorized under 

§ 43.7 of this chapter;

Section 91.409 (a)(2), entitled Inspections, states:

(a) Except as provided in paragraph (c) of this section, no person may operate an 

aircraft unless, within the preceding 12 calendar months, it has had—

(1) An annual inspection in accordance with part 43 of this chapter and 

has been approved for return to service by a person authorized by § 43.7

of this chapter; or

(2) An inspection for the issuance of an airworthiness certificate in 

accordance with part 21 of this chapter.
23

No inspection performed under paragraph (b) of this section may be substituted 

for any inspection required by this paragraph unless it is performed by a person 

authorized to perform annual inspections and is entered as an “annual” inspection 

in the required maintenance records.

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

(a) Except for work performed 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, preventive maintenance, and alteration and 

records of the 100-hour, annual, progressive, and other required or approved 

inspections, as appropriate, for each aircraft (including the airframe) and each 

engine, propeller, rotor, and appliance of an aircraft. The records must include—

(i) A description (or reference 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 containing 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 last 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 the aircraft, including the time since 

the last inspection required by the inspection program under which 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 safety directive 
24

involves recurring action, the time and date when the next action is 

required.

(vi) Copies of the forms prescribed by § 43.9(d) of this chapter for each 

major alteration to the airframe and currently 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 registered owner or operator under § 43.11 of 

this chapter shall be retained until the defects are repaired and the aircraft is 

approved for return to service.

In general, these regulations require that an airworthy certificated aircraft be inspected as

prescribed in 14 C.F.R. Part 91, Subpart E (Maintenance, Preventive Maintenance, and 

Alterations), any discrepancies be repaired and the aircraft be approved for return to service as

prescribed in Part 43 (Maintenance, Preventive Maintenance, Rebuilding, and Alterations) and 

that any work on the aircraft be recorded and such records maintained. 

Petitioner seeks an exemption because, as addressed, the S1000 sUAS will operate 

pursuant to this Petition without airworthiness certification. An equivalent level of safety can be 

provided instead by requiring, as provided herein, that inspections and maintenance be 

accomplished according to the inspection, maintenance, and preflight sections of the 

Maintenance Manual and SOP, and IAW the manufacturer’s guidance in the S1000 User’s 

Manual. Among other things, the S1000 will be inspected prior to each flight to confirm that it 

is in good working order. Any maintenance or repairs will be perform and logged, and, upon 

any work being performed on the S1000, it will be checked and approved for flight by personnel 

before being returned to service. 

The FAA has set precedence by previously granted exemptions in circumstances similar, 

in all material respects, to those presented herein. 
25

J. Conclusion

As set forth in the document above, the following summary is provided for publication 

in the Federal Register. Petitioner seeks an exemption pursuant to Section 333 of the FAA 

Modernization and Reform Act of 2012, 49 U.S.C. § 44701(f), and 14 C.F.R. Part 11 to permit 

safe operation of the S1000 sUAS commercially, for the purposes of aerial imagery and 

surveying relating to precision agriculture. By granting this Petition, the FAA Administrator 

will be fulfilling the Congressional mandate of Section 333 of the FAA Modernization and 

Reform Act of 2012 to expedite approval of operations of certain sUAS in the NAS, while also 

advancing the interests of the public.

WHEREFORE, in accordance with the Title 49 of the United States Code, the Code of 

Federal Regulations, and the FAA Modernization and Reform Act of 2012, Section 333, 

Petitioner respectfully requests that the Administrator grant this Petition for an exemption from 

the requirements of 14 C.F.R. §§ 45.27(a), 61.113(a) and (b), 91.7(a), 91.105, 91.119(c), 

91.121, 91.151(b), 91.405(a), 91.407(a)(1), 91.409(a)(1) and (b), and 91.417(a) and (b).

cc: Ty Rosier, Elevated Horizons, LLC