July 29

, 2015

Exemption No. 12222 Regulatory Docket No. FAA

– 20 15

– 2007

Mr. John A Hardway Elevated Media Concepts, Inc. 4400 Huxley Drive Ellicott City, MD 21043

Dear Mr. Hardway :

This letter is to inform you that we have granted your request for exemption. It transmits our decision, explains its basis, and gives you the conditions and limitations of the exemption, including the date it ends.

By letter dated May 6, 2015

, you petitioned the Federal Aviation Administration (FAA) on
behalf of Elevated Media Concepts, Inc. ( hereinafter petitioner or operator ) for an exemption

. The petitioner requested to operate an unmanned ai rcraft system (UAS) to conduct aerial photography , cinematography, inspections, and videography

.

See Appendix A for the petition submitted to the FAA des cribing the proposed operations and
the regulations that the petitioner seeks an exemption

.

The FAA has determined that good cause exists for not publishing a summary of the petition in the Federal Register because the requested exemption would not set a precedent, and any delay in acting on this petition would be detrimental to the petitioner

.

Airworthiness Certification

The UAS proposed by the petitioner is a DJI Inspire 1

.

In accordance with the statutory criteria provided in Section 333 of P ublic Law 112

− 95 in
reference to 49 U

. S

. C

. § 44704, and in consideration of the size, weight, speed, and limited operating area associated with the aircraft and its operation, the Secretary of Transportation
has determined that this aircraft meets the conditions of Section 333. Therefore, the FAA2

finds that relief from 14 CFR part 21

, C ertification procedures for products and part s, Subpart H

— Airworthiness Certificates , and any associated noise certification and testing requirements of part 36, is not necessary.

The Basis for Our Decision

You have requested to use a UAS for aerial data collection 1

. The FAA has issued grants of exemption in circumstances similar in all material respects to those presented in your petition. In Grants of Exemption No s

. 11062 to Astraeus Aerial ( see Docket No. FAA−2014−0352),
11109 to C layco, Inc. ( see Docket No. FAA

− 2014

− 0507), 11112 to VDOS Global, LLC ( see Docket No. FAA−2014−0382), and 11213 to Aeryon Lab s , Inc. ( see Docket No. FAA−2014−0642), the FAA found that the enhanced safety achieved using an unmanned aircraft (UA) with the specifications described by the petitioner and carrying no passengers or crew, rather than a manned aircraft of significantly greater propo rtions, carrying crew in addition to flammable fuel, gives the FAA good cause to find that the UAS operation enabled by this exemption is in the public interest.

Having reviewed your reasons for requesting an exemption, I find that

—

 They are similar in all material respects to relief previously requested in Grant of Exemption Nos. 11062, 11109, 11112, and 11213 ;

 The reasons stated by the FAA for granting Exemption Nos. 11062, 11109, 11112, and
11213 also apply to the situation you pre sent; and

 A grant of exemption is in the public interest.

Our Decision

In consideration of the foregoing, I find that a grant of exemption is in the public interest. Therefore, pursuant to the authority contained in 49 U.S.C. 106(f), 40113, and 44701, delegated to me by the Administrator, Elevated Media Concepts, Inc. is granted an exemption
from 14 CFR §§ 61.23(a) and ( c ), 61.101(e)(4 ) and (5), 61.113(a), 61.315(a) , 91.7(a), 91.119(c), 91.121, 91.151(a)(1), 91.405(a), 91.407(a)(1), 91.409(a)(1) and (2) , and 91.417(a) and (b), to the extent necessary to allow the petitioner to operate a UAS to perform aerial data
collection

. This exemption is subject to the conditions and limitations listed below.

Conditions and Limitations

In this grant of exemption, Elevated Media Concepts, Inc. is hereafter referred to as
the operator.

1 Aerial data collection includes any remote sensing and measuring by an instrument(s) aboard the UA. Examples include imagery (photography, video, infrared, etc.), electronic measurement (precision surveying, RF analysis, etc.), chemical measurement (part iculate measurement, etc.), or any other gathering of data by
instruments aboard the UA.3

Failure to comply with any of the conditions and limitations of this grant of exemption will be grounds for the immediate suspension or rescission of this exemption.

1. Operations authorized by this grant of exemption are limited to the DJI Inspire 1 when weighing less than 55 pounds including payload. Proposed operations of any other aircraft will require a new petition or a p etition to amend this exemption

.

2. Operations for the purpose of closed

- set motion picture and television filming are

not permitted.

3. The UA may not be operated at a speed exceeding 87 knots (100 miles per hour). The exemption holder may use either groundspeed or calibrated airspeed to determine compliance with the 87 knot speed restriction. In no case will the UA be operated at airspeeds greater than the maximum UA operating airspeed recommended by the
aircraft manufacturer.

4. The UA must be operate d at an altitude of no more than 400 feet above ground level (AGL). Altitude must be reported in feet AGL.

5. The UA must 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 b y any device other than corrective lenses, as specified on the PIC’s FAA

- issued airman medical certificate or
U.S. driver’s license.

6. All operations must utilize a visual observer (VO). The UA 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 ;

e lectronic messaging or texting is not permitted during f light operations. The PIC must be designated before the flight and cannot transfer his or her designation for the duration of the flight. The PIC must ensure that the VO can perform the duties required of the VO.

7. This exemption and all documents needed to operate the UAS and conduct its operations in accordance with the conditions and limitations stated in this grant of exemption, are hereinafter referred to as the operating documents. The operating
documents must be accessible during UAS operations and made available to the Administrator upon request. If a discrepancy exists between the conditions and limitations in this exemption and the procedures outlined in the operating documents, the conditions and limitations herein take precedence and must be f ollowed. Otherwise, the operator must follow the procedures as outlined in its operating documents. The operator may update or revise its operating documents. It is the operator’s responsibility to track such revisions and present updated and revised4

do cuments to the Administrator or any law enforcement official upon request. The operator must also present updated and revised documents if it petitions for extension or amendment to this grant of exemption. If the operator determines that any update

or r evision would affect the basis upon which the FAA granted this exemption, then the operator must petition for an amendment to its grant of exemption. The FA A’s UAS Integration Office (AFS− 80) may be contacted if questions arise regarding updates or revisi ons to the operating documents.

8. Any UAS that has undergone maintenance or alterations that affect the UAS operation or flight characteristics, e.g.

, replacement of a flight critical component, must undergo a functional test flight prior to conducting furt her operations under this exemption. Functional test flights may only be conducted by a PIC with a VO and must remain at
least 500 feet from other people. The functional test flight must be conducted in such a manner so as to not pose an undue hazard to persons and property.

9. The operator is responsible for maintaining and inspecting the UAS to ensure that it is in a condition for safe operation.

10. Prior to each flight, the PIC must conduct a pre

- flight inspection and determine the
UAS is in a condition for safe flight. The pre

- flight inspection must account for all potential discrepancies, e.g.

, inoperable components, items, or equipment. If the inspection reveals a condition that affects the safe operation of the UAS, the aircraft is prohibited from o perating until the necessary maintenance has been performed and the UAS is found to be in a condition for safe flight.

11. The operator must follow the UAS manufacturer’s maintenance, overhaul, replacement, inspection, and life limit requirements for the airc raft and
aircraft components.

12. Each UAS operated under this exemption must comply with all manufacturer safety bulletins.

13. Under this grant of exemption, a PIC must hold either an airline transport, commercial, private, recreational, or sport pilot certificate. The PIC must also hold a current FAA airman medical certificate or a valid U.S. driver’s license issued by a state, the District of Col u mbia, Puerto Rico, a territory, a possession, or the Federal government. The PIC must also meet the fligh t revi ew requirements specified in
14 CFR § 61.56 in an aircraft in which the PIC is rated on his or her pilot certificate.

14. The operator may not permit any PIC to operate unless the PIC demonstrates the ability to safely operate the UAS in a manner consis tent with how the UAS will be operated under this exemption, including evasive and emergency maneuvers and maintaining appropriate distances from persons, vessels, vehicles and structures. PIC qualification flight hours and currency must be logged in a ma nner consistent with5

14 CFR § 61.51(b). Flights for the purposes of training the operator’s PICs and VOs (traini ng, proficiency, and experience

- building) and determining the PIC’s ability to safely operate the UAS in a manner consistent with how the UAS w ill be operated under this exemption are permitted under the terms of this exemption. However, training operations may only be conducted during dedicated training sessions. During
traini ng, proficiency, and experience

- building flights, all persons not es sential for flight operations are considered nonparticipants, and the PIC must operate the UA with appropriate distance from nonparticipants in accordance with 14 CFR § 91.119.

15. 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.

16. The UA may not operate within 5 nautical miles of an airport reference point (ARP) as
denoted in the curr ent FAA Airport/Facility Directory (AFD) or for airports not denoted with an ARP, the center of the airport symbo l as denoted on the current
FAA

- published aeronautical chart, unless a letter of agreement with that airport’s management is obtained or otherw ise permitted by a COA issued to the exemption holder. The letter of agreement with the airport management must be made available to the Administrator or any law enforcement official upon request.

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

18. If the UAS loses communications or loses its GPS sign al, the UA must return to a

pre

- determined location within the pr ivate or controlled

- access prop erty.

19. The PIC must abort the flight in the event of unpredicted obstacles or emergencies.

20. The PIC is prohibited from beginning a flight unless (considering wind and forecast weather conditions) there is enough available power for the UA to conduct the intended operation and to operate after that for at least five minutes or with the reserve power recommended by the manufacturer if greater.

21. Air Traffic Organization (ATO) Certificate of Waiver or Authorization (COA). All operations shall be cond ucted in accordance with an ATO

- issued COA. The exemption holder may apply for a new or amended COA if it intends to conduct operations that cannot be conducted under the terms of the attached COA

.

22. All aircraft operated in accordance with this exemption must be identified by serial number, registered in accordance with 14 CFR part 47, and have identification (N− Number) markings in accordance with 14 CFR part 45, Subpart C. Markings must be as large as practicable.6

23. Documents used by the operator to ensure the safe operation and flight of the UAS and any documents required under 14 CFR §§ 91.9 and 91.203 must be available to the PIC at the Ground Control Station of the UAS any time the aircraft is operating.
These documents must be made available to the Adminis trator or any law enforcement official upon request.

24. The UA must remain clear and give way to all manned aviation operations and
activities at all times.

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

26. All Flight operations m ust be conducted at least 500 feet from all nonparticipating persons, vessels, vehicles, and structures unless:

a. Barriers or structures are present that sufficiently protect nonparticipating persons
from the UA and/or debris in the event of an accident. Th e 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 ; and
b. 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 a nd determined that it does not present an undue hazard.

The PIC, VO, operator trainees or essential persons are not considered nonparticipating persons under this exemption.

27. All operations shall be conducted over private or control led

- 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.

28. Any incident, accident, or flight op eration that transgresses the lateral or vertical boundaries of the operational area as defined by the applicable COA must be reported
to the FA A's UAS Integration Office (AFS− 80) within 24 hours. Accidents must be reported to the National Transportation Safety Board (NTSB) per instructions
contained on the NTSB Web site: www.ntsb.gov

.

If this exemption permits operations for the purpose of closed

- set motion picture and television filming and production, the following additional conditions and limitations apply.

29. The operator must have a motion picture and television operations manual (MPTOM) as documented in this grant of exemption.7

30. At least 3 days before aerial filming, the operator of the UAS affected by this
exempt ion must submit a written Plan of Activities to the local Flight Standards District Office (FSDO) with jurisdiction over the a rea of proposed filming. The 3

- day notification may be waived with the concurrence of the FSDO. The plan of activities
must incl ude at least the following:

a. Dates and times for all flights;
b. Name and phone number of the operator for the UAS aerial filming conducted under this grant of exemption;

c. Name and phone number of th e person responsible for the on

- scene operation of the UAS;
d. Ma ke, model, and serial or N− Number of UAS to be used;

e. Name and certificate number of UAS PICs involved in the aerial filming;
f. A statement that the operator has obtained permission from property owners and/or local officials to conduct the filming production event; the list of those who gave permission must be made available to the inspector upon request;

g. Signature of exemption holder or representative; and
h. A description of the flight activity, including maps or diagrams of any area, city,
town, county, and/or state over which filming will be conducted and the altitudes essential to accomplish the operation.

31. Flight operations may be conducted closer than 500 feet from participating persons consenting to be involved and necessary for the filming productio n, as specified in the exemption holder’s MPTOM.

Unless otherwise specified in this grant of exemption, the UAS, the UAS PIC, and the UAS operations must comply with all applicable parts of 14 CFR including, but not limited to,
parts 45, 47, 61, and 91.8

This exemption terminates on July 31, 2017 , unless sooner superseded or rescinded.

Sincerely,

/s/
John S. Duncan Director, Flight Standards Service

EnclosuresElevated Media Concepts, I nc.

May 6 th , 2015 4400 Huxley

Drive Ellicott City , MD 21043 Cell (443) 722

- 3335
Email: jhardway @y ahoo.com

U.S. Department of Transportation Docket Management Sy stem 1200 New Jersey

Ave., SE Washington, DC 20590

RE: Exemption Request Section 333 of the FAA Reform Act of 2012
Attachments: 1) DJ I Inspire 1

- User Manual v1.2 2) DJ I Inspire 1

- (Quick Start Guide)
3 DJI Maintenance v1.0

References: 1) FAA Exemption No. 11138 , Regulatory Docket No. FAA20140481 in the matter of the petition of DOUGLAS TRUDEAU 2) FAA Exemption No. 11136, Regulatory Docket No. FAA

– 2014

– 0508 in the matter of the petition of ADVANCED AVIATION SOLUTIONS LLC 3) FAA Exemption No. 11080 Regul atory Docket No. FAA20140355 in the matter of the petition of FL YI NG CAM INC

Dear Sir or Madam, I, John A Hardway

president and head UAS Operator of Elevated Media Concepts , Inc. ( “ the Petitioner ” ), in accordance with the FAA ’ s Guidelines for Submitting a Petition for Exemption under section 333 of the FAA Modernization and Reform Act of 2012

, hereb y request exemption from the following sections of Title 14, Code of Federal Regulations §§

**61.113(a) ;**  **61.113(b) ;**  **91.119(c) ;**  **91.121 ;**  **91.151(a) ;**  **91.405(a) ;**  **91.407(a)(1) ;**  **91.409 (a)(1)**  **; 91.409(a)(2)**  **; 91.417(a) & (b)**  **;**

In order to operate small unmanned aircraft s ys tems (UAS) commercially in airspace regulated b y the Federal Aviation Administration (FAA) for the purposes of aerial photograph y, cinematograph y, videography

, and other flight operations that could be perform ed safel y and
more cost effectivel y with the use of small UAS at low altitude within the U.S. national airspace

sy stem as compared to a manned aircraft. Operations will be performed only at the request of and with the authorization and permission of client s or their authorized agents in order to
facilitate commerce and raise awareness of the beneficial uses of small unmanned air s ys tems. 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. The conditions identified and proposed b y the Petitioner are drawn from references 1

- 3.**The FARs**

The Petitioner seeks exemption from the above mentioned FARs for the following

reasons ; **61.113(a) & (b)** ; The Petitioner req uests relief in order to facilitate the utilization of an experienced UAS operator with the a ddition of a trained observer. All pre

- flight inspection, maintenance and flight logs will be saved and made available to the FAA an d Secretary of Transportation ( SoT) for
review ; with the purpose of safel y integrating civil UAS operation in the National Airspace Sy stem

. **91.119(c)** As discussed in Exemption 11138 (DOUGLAS TRUDEAU), operations conducted closer than 500 feet to the ground may require that the UA be op erated closer than 500 feet to essential persons, or objects that would not be possible without additional relief. The Petitioner requests modification, waiver or exemption and clarification concerning the terms “ congested areas ” and

“ densely populated ” . T he Petitioner requests waiver for this condition to allow reasonable and responsible operations in areas of subdivisions and neighborhoods if required.
The Petitioner will primarily operate the UAS between ground level and 200 feet. The UAS will be operat ed over designated properties with the owner ’ s consent and while maintaining a safe distance from persons. The Petitioner will compile flight data from the logs. This data may assist the FAA in development of regulations for commercial operations in low

- ri sk, controlled
environments.
**91.121** As discussed in Exemption 11138 (DOUGLAS TRUDEAU) is inapplicable since the
UAS does not have an altimeter and instead utilizes electronic GPS with a barometric sensor for
altitude information. **91.151(a)**
As discussed in Exemption 11136 (ADVANCED AVIATION SOLUTIONS LLC) prior relief has been granted for manned aircraft to operate at less than the prescribed minimums, including Exemption Nos. 2689, 5745, and 10650. I n addition, similar UAS specific relief has been granted in Exemption Nos. 8811, 10808, and 1 0673 for day time, VFR conditions. The UAS provides battery

power remaining in percent to the PI C. The UA ba tteries provide approximately
23 minutes of powered flight. Information provided in the operating documents discusses procedures regarding remaining battery power management. Those documents contain a condition in which the PIC will initiate a landing procedure when battery remaining reaches a specified level. Given the limitations on proposed operations and the location of those proposed operations, T he FAA found that a reduced minimum power reserve for flight in day time VFR
conditions was reasonable. **91.405(a) ;**  **91.407(a)(1) ;**  **91.409 (a)(1) & (2) ;**  **91.417(a) & (b)**
As discussed in Exemption 11138 (DOUGLAS TRUDEAU), The Petitioner proposes to inspect and ensure that the UAS is in a condition for safe flight in accordance with the operating
documents. The FAA found that adherence to the Petitioner ’ s operating documents and the conditions and limitations specified, describing the requirements for maintenance , inspection, and recordkeeping, were sufficient to ensure that safet y would not be adversely affected.**Other Relief**

The Petitioner further ask s for relief to permit Petitioner to operate and launch a UAS for photograph y/ filming/and data collecting from a boat in a marine environment at times when operating from a land base is not a viable option. The p urpose s for such launches include, but are not limited to, seashore/water erosion studies, wetland area survey s , natural disaster assistance

– such as se arch and rescue in a flood zone

– and sailing events where race operations take place
off shore. In such situation s where launching from land is not feasibly possible , this relief could potentially

save lives

– if, for example, the UAS could search are as deemed high risk with
human life aboard

– and could benefit the environment and wildlife

.

The Petitioner will ensure, for all f lights that launc h from a boat or floating platform , that
the UAS will remain in VLOS of the PI C and VO. Any movement perfor med by the vessel will only be for the purpose of improv ing visual safet y and/ or landing and takeoff.

The dy namic home point feature of the UAS further ensures that, in the event of brief communication disruption, the UAS will return to the point of fligh t origination, or to the GPS coordinates of the last ground station transmission, whichever is the most recent.

**The UAS**
The DJ I Inspire 1 is a highly successful consumer grade small rotorcraft in the quadcopter configuration with an advertised Max Takeoff W eight: 6 lbs 10.5oz with T48 (5700 mah) Battery . It is designed primaril y to carry aloft a high definition camera. I t has an advertis ed maximum speed of less than 45 knots (22 m/s) and a maximum climb rate of l ess than 1000 feet per minute (5 m /s). It is powered b y four electric motors with a distance between mo tors of less than 23 inches (580 mm).

It utilizes an internal inertial measuring unit (I MU) with integrated barometric sensor augmented with global positioning sy stem (GPS) to maintain it s geospatial orientation and position. I t is controlled primarily through an FCC certified radio control (RC) unit. Real time video and telemetry

information is transmitted back to a ground control station allowing the operator and/or PI C to monitor batter y level, RC signal strength, GPS signal strength, altitude (AGL), distance from PIC, camera imagery , and control camera angle. It has failsafe modes of operation for either loss of RC or GPS signal. Altitude can be limited by the onboard flight
controller and maximum altitude can be preprogrammed by the PIC. Battery

life limits flight times to approximately

18 minutes with a T47 batteries, and 22 minutes with a T48 b attery . The onboard flight controller will warn the pilot via telemetry and external light ing cues before reaching a low battery

state. An automatic termination of flight and landing will be initiated when the battery

reaches a predetermined low state . I t is ant icipated in an y flight when the
aircrafts batte ry

capacity reaches a 30% level, the Petitioner will terminate the and land the
UAV.**Risk mitigation**

The Petitioner has reviewed FAA exemptions reference ’ s 1

- 3 Conditions and Limitations section and believes that the procedures specified therein are reasonable and will be utilized in order to manage and mitigate risk and ensure public safet y. A preflight checklist will be developed and employ ed to ensure that the UA S airworthiness will be verified before launch.

Airworthiness will be maintained by performance of routine inspections before each flight, maintaining flight and maintenance logs to record time on failure prone components. These documents will be made available to the FAA and SoT to assist in future implementation
of safet y standards and regulations. The Petitioner will o nly operate the UAS over designated properties with the owner ’ s consent.

Flight plans will be predetermined to limit the UAS s flight time and limit safet y concerns. The Petitioner will take into account distance from persons and potential flight
obstacle s prior to operating the UAS. UAS operation will alway s be within VLOS of the PI C and
the VO

.

**Added Background Information**

In addition to the above, my training as a private pilot will benefit Elevated Media
C oncepts in performing safe and effective UAS operations in a commercial environment.

My FAA private pilot ’ s certificate , first obtained in September 2006, includes the following disciplines : private pilot fixed wing (+300 hrs ) ; and priva te pilot r otorcraft

– helicopter (+50 hrs, and an instrume nt rating (+120 hrs) )

. Using the same pre

- flight and in

- flight techniques
needed for manned aircraft is beneficial to m y safe and effective operation of UAS on multiple
levels , including operational awareness, risk management , creati on of flight plans,
und erstanding flight charts, communicating with ATC, and checking NOTAMS, METARS and other pertinent information

.

This combination of experience and knowledge with manned aircraft, with over 300
hours of fl yi ng UAV ’ s, and with over four ye ars of building an d designing multirotor UAVs, puts me in the unique position of being able to identify and address safet y i ssues at all stages of flight.

**Public interest**

Use of the UAS in lieu of a manned aircraft would enhance safety and reduce the environmental impact as compared to similar operations conducted with manned aircraft of greater proportions, carrying a crew and flammable fuel. Additionally , use of the UAS i n order to facilitate commerce could lead to economic growth. Operations for this petition will enable service for propert y owners or their designees seeking an enhanced perspective for characteristics, amenities, and benefits of their desired photographic subjects that cannot be display ed through ground level videography /photography . Aerial photography is a valuablemarketing tool that can lead to increased commerce and enhance personal photography . Aerial

survey ing and inspections can increase work site e fficiency , improve volumetric estimations and
reduce risks. The Petitioner will provide clients with photographic data for these purposes on a

‘ for hire ’ basis acting as an independent contractor. A visual observer will be utilized. Flight data including U A flight time, Control Unit operation time, incident, accident, and details concerning

any deviations from normal operations will be available to FAA for use in collecting data regarding the use of UAS as part of this application. This data may be submitte d to FAA via
traditional means or other means as required.

**Conclusion**
The Petitioner is requesting this exemption for the purposes of “ aerial photograph y, cinematograph y, videography , inspections and other flight operations ” . The reason for such a

genera l and broad based request is that the Petitioner wishes to utilize a business strateg y of horizontal integration and maximize economies of scope in order to capitalize on opportunities as they may arise in the future without the long turnaround time associ a ted with additional exemptions. The Petitioner 's business model is based on the id ea of offering ad hoc small UAS services to individuals or companies who wish to e mploy these services as a safe, effective, and legal option to enhance their business or h obby

. The primary purpose of seeking this exemption is to obtain the capability to offer th ose services while remaining in compliance

Respectfully

submitted

John A Hardway

President & Head UAS Operator Elevated Media Concepts