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Elite Air Productions

2416 Fields South Dr. Unit 202

Champaign, IL 61822

April 11th, 2015

Docket Operations, M-30

U.S. Department of Transportation

Room W12-140, West Building Ground Floor

1200 New Jersey Avenue, SE.

Washington, DC 20590-0001

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

Federal Aviation Regulations

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, Elite Air Productions (Operator) seeks an exemption from 

Federal Aviation Regulations (FARs) to allow commercial operations of their UASs (Unmanned 

Aerial Systems) for the purpose of conducting aerial photography, video, and survey for various 

industries.

Approval of exemptions for Elite Air Productions will allow commercial operations of UASs to 

film in rural natural and sparse residential areas. Our pilots involved with operations cover a 

wide array of aviation expertise. All of our operations will be completed with two active 

operators. The Pilot In Command (PIC) is a licensed fixed wing airline transport pilot, 

commercial licensed rotorcraft pilot, and possesses a current first class medical certificate. The 

second operator has 13 years of combined sUAS experience. This includes 5 years of sUAS 

industry employment. The requested exemption should be granted because operation of the 

proposed small UASs conducted in the strict conditions outlined below, will provide an 

equivalent level of safety, as Congress intended, while still allowing commercial operations. Our 

lightweight aircraft, DJI Phantom 2 and DJI Inspire 1 covered by the exemption operate in a safe 

flight envelope that give a higher margin of safety than full scale aircraft in many filming 

environments. Our intended operations with UAS will keep us at slow speeds, low to the ground, 

and operating away from airports and dense populations. Congress created many factors to 

consider when approving Section 333 for UAS. Our petition, details, and supporting documents 

provide all the necessary information that satisfies Congress’s intent. Additionally, the extensive 

experience of the PIC; in regulated airspace and UAS, gives our exemption favor for approval. 
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The name and address of the applicant is:

Elite Air Productions

Address: 2416 Fields South Dr. Unit 202 Champaign, IL 61822

Phone: 708-415-0660

Regarding the Unmanned Aircraft Systems

1. The requested exemption would support an application for a commercial Certificate of 

Authorization (COA) to use the below described UAS, so long as operations are 

conducted within and under the conditions outlined herein or as may be established by 

the FAA as required by Section 333. Like the FAA, it is the Operator’s mission to provide 

the safest and most efficient means of Civil Commercial implementation into the National 

Airspace System (NAS). Furthermore, the Operator is comprised of members with the 

equivalent of a FAA Commercial Certificate or higher adding an additional layer of high 

regard for safe operations as well as the necessary high-level of understanding of the 

NAS and FARs.

● DJI Inspire 1 – Reference Inspire 1 User Manual (EN) v1.0

○ The Inspire 1 is a quadcopter UAS capable of capturing 4K video and 

transmitting an HD video signal to a ground station. Equipped with retractable 

landing gear, it can capture an unobstructed 360 degree view from its camera. 

The built-in camera has an integrated gimbal to maximize stability and weight 

efficiency while minimizing space. When no GPS signal is available, Vision 

Positioning technology provides hovering precision.

2. Reference Inspire 1 User Manual (EN) v1.2 [FCC Compliance – Appendix Pg 62]

3. Reference Inspire 1 Maintenance Manual v1.0

● DJI Phantom 2 – Reference Phantom 2 User Manual (EN) v1.4

○ The Phantom 2 is a quadcopter UAS capable of carrying a GoPro Hero 3 or 4 

camera and transmit a video signal to a ground station. It is equipped with fixed 

landing gear and a 3-axis gimbal.

4. Reference Phantom 2 User Manual (EN) v1.4

5. Reference Zenmuse H3 3D User Manual (EN) v1.04

6. Reference iOSD Mini User Manual (EN) v1.06

7. Reference 2.4g Bluetooth Datalink & iPad Ground Station User Guide (EN) v1.10
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Regarding the Unmanned Aircraft PIC

8. Operator proposes to operate its UASs with a pilot holding, at a minimum, a private pilot 

certificate.

● The UAS PIC will be trained in advance for the safe operation of the UAS to be 

operated. This will include operation of the UAS both in normal and emergency modes of 

operation, and will include familiarization with the user manual published by the UAS 

manufacturer. Training will also include types of maneuvers to be performed and the 

safe operation in relation to persons, property and applicable airspace.

○ The PIC must have accumulated a minimum of 100 flight cycles and 25 hours of 

total time as a UAS pilot and at least 10 hours logged as a UAS’s pilot with a 

similar UAS type.

● All operations must utilize Visual Observers (VOs). VOs who are not pilots and will 

attend ground training to understand the roles of an observer, communication 

procedures, and proper visual scan techniques, operations at non-towered airports, and 

appropriate sections of the Aeronautical Information Manual.

9. The PIC must possess at least a third-class airman medical certificate for all of 

petitioner’s flight operations.

Regarding the Operation of the Unmanned Aircraft

10. Operator proposes Civil Commercial operation of an UAS to operate in the following 

manner:

● Aerial photography and/or video for public and/or private use including real estate, 

architecture, land surveying, engineering and other related professional activities.

● Aerial video and/or photography for public and/or private use including television, public 

events, cinematography and news gathering.

● Aerial inspection/photography of residential/commercial structures under contract with 

the owners or local government authority

● Aerial inspection/photography of residential/commercial utility infrastructure including but 

not limited to electrical power lines, wind turbines and cell towers.

● Aerial video/photography or providing live video feed (so as long as all other parameters 

are met contained herein) to assist with search and rescue operations in cases of an 

emergency or natural disaster only when the local authorities or government has 

requested it by contract or donation.
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● The ability to offer training to persons individually or belonging to both private and/or 

public organizations that have interests in the use and application of a UAS for the 

purpose of the safe operation of a UAS to enhance the safety of the National Airspace 

System (NAS) as well as for the protection of the persons and property.

○ For additional operator adherence:

■ Reference Inspire 1 User Manual (EN) v1.2

■ Reference Phantom 2 User Manual (EN) v1.4

11. The UAS may not be flown at an indicated airspeed exceeding 29 knots (15 m/s). The 

UAS must be operated at an altitude of no more than 400 feet above ground level (AGL). 

The UA may 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. UAS 

operations may not be conducted during night, as defined in 14 CFR § 1.1.

● All operations must be conducted under visual meteorological conditions (VMC). Flights 

under special visual flight rules (SVFR) are not authorized.

● A briefing will be performed regarding the planned UAS operations prior to each day’s 

flight consisting of all the days’ production activities.

● Flights will be terminated at 25% battery power.

12. As described fully above, the requested exemption would permit the operation of an 

UAS under controlled conditions in the NAS that would be a) limited b) controlled c) 

predetermined and d) will provide safety enhancements to the already safe operations in 

the industry presently using conventional aircraft. Approval of this exemption would 

thereby 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.”

Given the small size of the UAS and the controlled environment provided, the proposed 

operations will adhere to the Reform Act’s safety requirements. The approval of this application 

presents no national security issues. Regarding the level of safety surrounding the proposed 

operations and the public benefit, reduction in environmental impacts, including but not limited 

to reduced emissions and noise, the grant of the requested exemption is in the public interest.

 

13. The UAS may not operate within 5 nautical miles of an airport reference point as 

denoted on a current FAA-published aeronautical chart unless a letter of agreement with 

the airport’s management is obtained, and the operation is conducted in accordance with 

a Notice to Airmen (NOTAM), as required by the operator’s COA.

14. The UAS must be operated within the visual line of sight (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 must be able to communicate verbally at all 

times. Electronic messaging or texting is not permitted during flight operations.
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15. Operator’s Point of Contact – Springfield FSDO

Springfield, IL FSDO

1250 North Airport Drive

Suite 1

Springfield, Illinois 62707-8417

17. Operator will obtain required COAs once exemption is granted.

Exemption Requests and Equivalent Level of Safety

14 CFR Part 21, Subpart H: Airworthiness Certificates 14 CFR § 91.203 (a)(1)

Based on the limited size, weight, operating conditions, design safety features, and the imposed 

conditions and limitations, Operator has demonstrated that its operations would not adversely 

affect safety compared to similar operations conducted with aircraft that have been issued an 

airworthiness certificate under 14 CFR part 21, Subpart H. Therefore, as the FAA found for 

Astraeus Aerial, Exemption 11062, and the requested relief from 14 CFR Part 21, and any 

associated noise certification and testing requirements of part 36, is not necessary.

14 CFR § 45.23 (b) – Display of marks

Since Operator’s UAS has no entrance to the cabin, cockpit, or pilot station on which the 

markings can be placed, two inch lettering will be impossible. Official marking systems for small 

UAS have not yet been established for operations inside the NAS.

 

Operator is prepared to mark the UAS with the name of the organization and location nor origin 

and fulfill any other request by the FAA to this topic in accordance with 45.29 (f) where the pilot, 

observer, and others working with the sUAS will see the identification of the sUAS. The FAA has 

issued the following exemptions to this regulation, see Exemption Nos. 8738, 10167, 10167A 

and 10700.

14 CFR § 61.113 (a) & (b) - Private pilot privileges and limitations

This regulation provides:

(a) This regulation provides that no person that holds a private pilot certificate may act as pilot 

in command of an aircraft for compensation or hire.

(b) This allows a private pilot to act as pilot in command of an aircraft in connection with any 

business or employment if: (1) The flight is only incidental to that business or employment; and 

(2) The aircraft does not carry passengers or property for compensation or hire.
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All the requirements of a private pilot certificate will prepare the UAS operator for the 

environment that they will be operating in.

*Please reference Grant of Exemption No. 11062 to Astraeus Aerial (Astraeus), the FAA 

determined that a PIC with a private pilot certificate operating a UAS would not adversely affect 

operations in the NAS or present a hazard to persons or property on the ground.

14 CFR § 91.7 (a) & (b) - Civil aircraft airworthiness

This regulation provides:

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

(b) The pilot in command of a civil aircraft is responsible for determining whether that aircraft is 

in condition for safe flight. The pilot in command shall discontinue the flight when unairworthy 

mechanical, electrical, or structural conditions occur.

While the operator’s UAS will not require an airworthiness certificate, operator is required to 

ensure that its aircraft is in an airworthy condition – based on compliance with the operating 

documents prior to every flight. As previously determined with Astraeus Aerial, Exemption 

11062, relevant materials may be kept in a location accessible to the PIC in compliance with the 

regulations.

14 CFR § 91.9 (b)(2) - Civil Aircraft Flight Manual, marking, and placard requirements

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

As previously determined with Astraeus Aerial, Exemption 11062, relief from these sections are 

not necessary. Relevant materials may be kept in a location accessible to the PIC in compliance 

with the regulations.

14 CFR § 91.109 - Flight instruction: Simulated instrument flight and certain flight tests

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

instruction unless that aircraft has fully functioning dual controls."

The controls for a UAS do not currently have a set of fully functioning dual controls. If a UAS’s 

pilot is being trained, the pilot performing the training would be directly supervising and could 

take over the controls from the pilot in training if the need arose. This would be similar to the 

technique of a "throw-over type" control wheel in some fixed wing aircraft. We feel that this 

technique meets the intent 91 .109 and provides an equivalent level of safety.
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14 CFR § 91.119 - Minimum safe altitudes

This regulation provides that over sparsely populated areas the aircraft cannot be operated 

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

Since the typical mission of this UAS would be photography or survey of persons, vessels, 

vehicles or structures it would be necessary to operate closer than 500 feet to the items listed. 

Operations will only be flown over property or persons where permission has been obtained, 

and careful pre-planning has been performed. Further, UAS aircraft operate at a very slow 

airspeed, and a low mass, and do not need as much space to operate safely, as outlined in 

91.119. We believe the slower speed, smaller mass and careful pre-planning would provide an 

equivalent level of safety. Furthermore, Operator can place barriers and/or structures to 

sufficiently protect nonparticipating person from the UA or debris in the event of an accident.

14 CFR § 9l.l21 - Altimeter settings

This regulation provides that aircraft shall maintain cruising altitudes by reference to an altimeter 

setting available within 100 nautical miles of the aircraft.

The UAS will normally be flying close to the ground, and in line of sight of the PIC or an 

observer. This line of sight operation will provide separation from other aircraft, obstructions and 

terrain 

Providing an equivalent level of safety. Additionally, the altitude information generated by 

onboard GPS equipment installed on the aircraft will aid in estimating the altitude.

 

14 CFR § 91.151 - Fuel requirements for flight in VFR conditions

This regulation provides that no person may begin a flight in an airplane under day- VFR 

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

that for at least 30 minutes. We feel the intention of this paragraph it to provide a reasonable 

reserve of energy to plan for a safe landing should there be a delay in landing. Given the close 

proximity to the ground station, the ability for the UAS to land in a very small space and the built 

in energy level monitoring of the UAS there is a resulting equivalent level of safety if the flight is 

planned to be completed with 25% battery energy remaining. We request an exemption to the 

word "fuel" and ask for an equivalent interpretation with the word "energy".

14 CFR § 91.205 (b) – Powered civil aircraft with standard category U.S. airworthiness 

certificates: Instrument and equipment requirements

Since the Operator’s UAS does not have a standard category U.S. airworthiness certificate, 

relief from 14 CFR § 91.205 is not necessary.
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14 CFR § 91.215 - ATC transponder and altitude reporting equipment and use

Section 91.215 (b) (3) includes provision for aircraft not originally certificated with an enginedriven electrical system or which has not subsequently been certified with such a system 

installed. For UAS not equipped with a transponder, subparagraph (d)(3) authorizes requests for 

ATC authorized deviations made to the ATC facility having jurisdiction over the concerned 

airspace within the time periods specified. For operation of an aircraft that is not equipped with a 

transponder, the request must be made at least one hour before the proposed operation.

14 CFR § 91.401 – 91.417 – Maintenance, preventive maintenance, and alterations

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

an airworthy condition, including compliance with part 39 and 43. Operator believes that 

adherence to their documents containing preflight and post flight checks for the UAS is sufficient 

to ensure that safety is not adversely affected.

The following document is included in this petition, marked as Proprietary: Elite Air 

Productions Flight Operations Manual Rev. 1.0 dated 06-14-2015

Respectfully,

/s/

Jonathan Gruber

Chief Pilot, Elite Air Productions

Steven Petrotto

President, Elite Air Productions

Phone: 708.415.0660

e-mail: eliteairproductions@gmail.com