I 

j 

I 

I 

U.S. Department ofTransportation 

Docket Management System 

1200 New Jersey Avenue SE 

Washington, DC 20590 

RE: Exemption Request Section 333 of the FAA Reform Act 

Dear Sir or Madam: 

; : -._ 

This petition is being submitted on our behalf without legal counsel or consulting services. 

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

Act), and 14 C.F.R. Part 11, Eley & Associates Consulting LLC, a safety and 

environmental consulting services company, hereby applies for an exemption from the 

Federal Aviation Regulations (FARs) listed below to allow operation of our Small 

Unmanned Aircraft System (sUAS) commercially in airspace regulated by the Federal 

Aviation Administration (FAA) so long as such operations are conducted with and under 

the conditions outlined herein or as may be established by the FAA as required by Section 

333. 

The requested exemption would permit Eley & Associates Consulting LLC to pursue its 

commercial interests in providing services to clients using a small advanced sUAV in the 

following areas: 

• Jobsite Inspections 

• Accident Investigations 

• Stormwater (SWPPP) Inspections/Audits 

• Environmantal Inspections/ Audits 

• Confined Space Operations 

• Workzone Inspections/ Audits 

• Job Progress Photo/Video 

• Catastrophic Events (i.e. Hurricane, Tornado, Explosion, Fire, Hazardous 

Material Spills) 

Eley & Associates Consulting LLC states that all sUAS flights will occur over private or 

controlled access property and will do so with the property owner's consent and 

knowledge and that only people who have consented or otherwise have agreed to be 

in the area where videography will take place. 
Additionally, Eley & Associates Consulting LLC's sUAS pilot holds an FAA Private Pilot's 

License with a Class III Medical Certificate. If observers are not qualified pilots, they 

will attend a ground school to understand the proper roles of an observer, 

communication procedures, proper visual scan techniques, operations at non-towered 

airports and appropriate sections of the Aeronautical Information Manual (AIM). 

Regulations from which exemption is requested: 

14 C.F.R. Part 21 

14 C.F.R. 45.23(b) 

14 C.F.R. 61.113(a) & (b) 

14 C.F.R. 91.7(a) 

14 C.F.R. 91.9(b) (2) 

14 C.F.R. 91.109 

14 C.F.R. 91.119 

14 C.F.R. 91.121 

14 C.F.R. 91.151(a) 

14 C.F.R. 91.203(a) & (b) 

14 C.F. R. 91.205(b) 

14 C.F.R. 91.215 

14 C.F.R. 91.401-91.417 

Unmanned Aircraft System 

sUAVs are often seen as superior to helicopters as an aerial video gathering platform 

due to the smaller devices cheaper equipment and personnel cost, reduced noise and 

as such, a much smaller environmental impact which promotes publicsafety. 

Eley & Associates Consulting LLC is petitioning for an exemption to operate a DJI 

Phantom 2 with a GoPro stabilized HD camera, 3DR Solo with a Go Pro stabilized HD 

camera, and GPS safety features which limit its ability to limit the height they flies 

above ground level (AGL), to limit the radius ofthe distance it flies from the operator 

and to exclude it from operations within designated Oass B, C and D airspace including 

a no-fly zone feature. The DJI Phantom 2 and3CR.Sct>aB:> have a failsafe function that is 

triggered in the event communication is lost between the sUAS and the main controller 

transmitter. At that time, the sUAS will return to its point of takeoff and land safety. If 

the connection is restored, the PIC can regain control of flight and land manually. 

These specifications meet with the Model Aircraft Operating Standards as set below: 

• The petitioner will only operate its sUAS in line-of-sight of a pilot and/or 

observer and will operate at sites that are 'sufficient distance' from populated 

areas within the sterile area described in the FOPM. Such operations will ensure 

that the sUAS will "not create a hazard to users of the national airspace system 

or the public." 

• When flying the sUAS within three (3) miles of an airport, airport operators will 

be notified and the operator will give the right-of-way to avoid flying in the 

proximity of full-scale aircraft. 
• Maximum flight time for each operation will be 40 minutes. 

• Flights will be terminated when battery levels reach 25%, allowing sufficient 

reserve flight time to safely land the sUAS. 

• The sUAS will be programmed so it will not be operated at an altitude that 

exceeds 400 feet AGL, and not more than 200 feet above an elevated platform 

from which videography is planned. 

• Minimum crew for each operation shall consist of: sUAS pilot, a visual sUAS 

observer, and the camera operator. 

• The sUAS PIC will be an FAA licensed airman holding a minimum of a Private 

Pilot certificate and a current FAA medical certificate. 

• The sUAS operated by the petitioner weighs less than 25 pounds, including all 

payload (i.e. camera, lens, and stabilized gimbal). 

• The sUAS will operate at speeds of no more than 50 knots, can hover, and can 

simultaneously move vertically and horizontally. 

• Given the small size of the sUAS and the restricted sterile environment within 

which it will operate, Eley & Associates Consulting LLC's operations adhere to 

the Reform Act's safety requirements. 

The fact the pilot holds an FAA Sport Pilot license demonstrates Eley & Associates 

Consulting LLC's high regard for safe operations with an understanding of FARs, 

pre- flight inspections, knowledge of operations and differences in airspace 

classifications, maintenance and repair, as well as being trained to high safety 

standards. 

Under the requested exemption, Eley & Associates Consulting LLC's ensures all 

operators have completed sUAS education and training programs including all 

applicable regulations and guidance documents; including aeronautical background 

information such as charts, NOTAMS and Aircraft Circulars; Radio Communications 

Procedures; Human Factors and Crew Resource Management; Basic sUAS 

Aerodynamics; Weather factors; Airmanship and Decision-making and Safe 

Operations Procedures. 

We respectively request exemption under Section 333 to enable Eley & 

Associates Consulting LLC to operate efficient, limited, low-risk commercial sUAS 

operations for the activities stated respecting at all times the space and privacy of 

citizens and property while keeping airspace safe. 

www.eleysafety.com 

dale@eleysafety .com 
EXEMPTION REQUESTS AND EQUIVALENT LEVEL OF SAFETY 

Eley & Associates Consulting LLC requests an exemption from the following 

regulations as well as any additional regulations that may technically applyto 

the operation of the sUAV System: 

14 CFR Part 21, Airworthiness Certificates 

This part establishes the procedures for the issuance of an airworthiness certificate. 

While the FAA continues to work to develop airworthiness standards for Unmanned 

Aerial Systems, we request an experimental certificate be issued for the DJI Phantom 

2 and the 3DR Solo under either, or both, of the following provisions: 

21.191 Experimental certificates. Experimental certificates are issued for the 

following purposes: 

(a) Research and development. Testing new aircraft design concepts, new aircraft 

equipment, new aircraft installations, new aircraft operating techniquesr or new uses 

for aircraft. 

(b) Showing compliance with regulations. Conducting flight tests and other 

operations to show compliance with the airworthiness regulations including flights to 

show compliance for issuance of type and supplemental type certificates, flights to 

substantiate major design changes, and flights to show compliance with the function 

and reliability requirements of the regulations. Since the experimental certificate can 

be used for commercial purposes such as market surveys, sales demonstrations, and 

customer crew training, we would expect that an experimental certificate would 

permit our commercial purpose as well. The aircraft will not carry persons or 

property, will not carry fuel, and will only fly under strict operational requirements. 

Combined with the UA's light weight, being constructed primarily of carbon fiber and 

plastic, we propose that the UA will be at least as safe, if not safer, than a 

conventionally certificated aircraft performing the same mission. If an experimental 

airworthiness certificate is not appropriate for this application, then we >tequest an 

exemption of 14 CFR Part 21, Subpart H, and the requirement for an airworthiness 

certificate in general, citing the equivalent level of safety outlined in the previous 

paragraph. 

14 CFR 45.23 Display of marks; general and 45.29 Size of marks 

These regulations provide that each aircraft must display "N" and the aircraft's 

registration number in letters at least 3 inches high. Additionally, the aircraft must 

display the word "EXPERIMENTAL" in letters at least 2 inches high near the entrance 

to the cabin, cockpit, or pilot station. The sUAV does not have an entrance in which 

the word "EXPERIMENTAL" can be placed, and may not have a registration number 

assigned to it by the FAA. We propose to achieve an equivalent level of safety by 

including the word "EXPERIMENTAL" in the placard on the top of the aircraft, as 

shown above, where the PIC, VO and others in the vicinity of the aircraft while it is 

preparing for launch will be able to see the designation. Additionally, we.-feel that the 

permanent placard discussed in the previous paragraph will provide the aircraft's 

registration information at the ground station. Finally, we will display at the ground 

station a high contrast flag or banner that contains the words "Unmanned Aircraft 

Ground Station" in letters 3 inches high or greater. Since the aircraft will operate 

within 3/4 NM of the ground station, the banner should be visible to anyone that 

observes the aircraft and chooses to investigate its point of origin. 
14 CFR 61.113 Private pilot privileges and limitations: Pilot in Command and 

61.133 Commercial pilot privileges and limitations. 

The regulation provides that no person who holds a Private Pilot certificate may act 

as pilot in Command of an aircraft for compensation or hire. Subparagraph (b) 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. Our proposed operations require that the PIC must hold at 

least a Private Pilot Certificate issued by the FAA and since the aircraft cannot carry 

passengers or property, we feel we meet the intent of 61.113 Subparagraph (b) 

even though the intent of this application is to conduct a business. 

14 CFR 91.7 Prohibits the Operation of an aircraft without an airworthiness 

certificate. 

As no such certificate will be applicable in the form contemplated by the FARs, this 

Regulation is inapplicable. 

14 CFR 91.9 Civil aircraft flight manual, marking, and placard requirements. 

This regulation provides that no person may operate an aircraft unless a current, 

approved flight manual is in the aircraft. We assume that the intent of this 

requirement is to ensure that flight manual information is available to the aircrew 

while operating the aircraft. We request an exemption to this requirement since the 

aircraft is not only too small to carry documentation, the documentation would not 

be available to the crew during flight operations. To obtain an equivalent level of 

safety and meet the intent of 91.9, we propose that a current, approved sUAS Flight 

Manual must be available to the crew at the ground station anytime the aircraft is in, 

or preparing for, flight. 

14 CFR 91.109 Flight Instruction; Simulated instrument flight and certain 

flight tests. ,. 

The regulation states "No person may operate a civil aircraft that is being used for 

flight instruction unless that aircraft has fully functioning dual controls." The sUAS 

System ground-based control station consists of a hand-held radio transmitter and 

while it does not offer a second set of "controls", both the student and instructor can, 

and will, operate the single set of controls simultaneously. With both student and 

instructor having "hands-on" the controls during flight, this technique meets the 

intent 91.109 and provides an equivalent level of safety. 

91.119 Minimum safe altitudes: General. 

The regulation states 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 the sUAS 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-planned has been performed. The aircraft will be 

operated at a low altitude allowing, if a power unit fails, an emergency landing 

without undue hazard to persons or property on the surface. Therefore we maintain 

that due to the small size of the UAS, the hazard to persons, vehicles and structures 

is minimal compared to manned aircraft, which should be considered in granting the 

exemption. 
CFR 91.121 Altimeter settings. 

The regulation requires that aircraft shall maintain cruising altitudes by reference to 

an altimeter setting available within 100 NM of the aircraft. The sUAS will always fly 

below 400 feet AGL and will not need to maintain cruising altitudes in order to 

prevent conflict with other aircraft. An Above Ground Level altimeter measurement 

above the takeoff point is transmitted via radio from the sUAS on-board computer to 

the display screen held by the PIC, providing a constantly updated AGL readout. 

14 CFR 91.151 Fuel requirements for flight in VFR conditions. 

The regulation provides that no person may begin a flight in an airpla11e under dayVFR 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 is 

to provide an energy reserve as a safety buffer for delays to landing. The sUAV is 

battery operated and the maximum duration of flight from a single battery charge is 

12 minutes with a 20% reserve. Since the aircraft will never fly more than 3/4 NM 

from the point of intended landing, a full battery charge at launch will ensure that we 

meet the reserve energy requirement of this paragraph. We request an exemption to 

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

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

The regulation provides that an airworthiness certificate, with the registration 

number assigned to the aircraft and a registration certificate must be aboard the 

aircraft. Additionally, subparagraph (b) provides that the airworthiness certificate be 

"displayed at the cabin or cockpit entrance so that it is legible to passel'lgers or 

crew." At a maximum gross weight of 5.3 pounds, the sUAS is too small to carry 

documentation, does not have an entrance, and is not capable of carrying 

passengers or crew. To obtain an equivalent level of safety and meet the intent of 

91.203, we propose that documents deemed appropriate for this aircraft by the FAA 

will be co-located with the crew at the ground control station and available for 

inspection upon request. In order to identify the aircraft, we propose that the 

information found on airworthiness and registration certificates be permanently 

affixed to the aircraft via placard containing the following information plus the word 

"EXPERIMENTAL" to satisfy the requirement of 14 CFR 45.23. 

14 CFR Subpart E 91.401- 91.417 - Maintenance, Preventive Maintenance, 

Alterations 

The regulation provides that the operator is primarily responsible for maintaining the 

aircraft in an airworthy condition, including compliance with part 39 aPid 43. 

Paragraphs 91.407 and 91.409 require that the aircraft be "approved for return to 

service by a person authorized under 43.7" after maintenance and inspection. It is 

our intention that the PIC perform maintenance and inspection of the aircraft and "be 

authorized to approve the aircraft for return to service." The PIC will ensure that the 

aircraft is in an airworthy condition prior to every flight and in addition conduct 

detailed inspections after every two hours of flight. Maintenance performed by the 

PIC is limited to repairing small cracks, replacing a propeller, checking electrical 

connections and updating software and- firmware for the on-board computer. All 

other maintenance will be performed by the manufacturer or their designated repair 

facility. The PIC will document work performed in accordance with 91.417. We feel 

that due to the size, construction, and simplicity of the aircraft, the PIC can ensure 

an equivalent level of safety.