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### U.S. Department ofTransportation Docket Management System 1200 NewJerseyAvenue SE Washington, DC 20590

RE: Exemption Request Section 333 ofthe FAA ReformAct

Dear Sir or Madam: ; : -._



### This petition is being submitted on our behalfwithout legal counsel or consulting services.

Pursuant to Section 333 ofthe 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 ofour 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 oras may be established by the FAA as required by Section 333.

The requested exemption would permit Eley & 

### Associates Consulting LLC to pursueits 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 privateor 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 thearea 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. Ifobservers are not qualified pilots, they will attend a ground school to understand the proper roles ofan observer, communication procedures, propervisual scan techniques, operations at non-towered airportsand appropriate sections ofthe 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 AircraftSystem

sUAVs are often seen as superior to helicopters as an aerial video gathering platform dueto the smallerdevices 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 limitits abilityto limitthe heightthey flies above ground level (AGL), to limitthe radius ofthe distance itflies from the operator andto exclude itfrom operations withindesignated 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 sUASwill return to its point oftakeoffand land safety. If the connection is restored, the PIC can regain control offlight and land manually.

These specifications meetwith the Model Aircraft Operating Standards as set below:

• The petitionerwill only operate its sUAS in line-of-sight ofa pilotand/or observer and will operate at sites that are 'sufficient distance'from populated
areas within the sterile area described in the FOPM. Such operations willensure thatthe sUAS will "not create a hazard to users ofthe national airspace system
or the public."

• When flying the sUAS within three (3) miles ofan airport, airport operatorswill be notified and the operator will give the right-of-way to avoid flying inthe proximity offull-scale aircraft.

### • Maximum flight time for each operation will be 40 minutes.

• Flights will be terminated when battery levels reach 25%, allowingsufficient
reserve flight time to safely land the sUAS.

• The sUAS will be programmed so itwill not be operated at an altitudethat exceeds 400 feet AGL, and not morethan 200 feet above an elevated platform from which videography is planned.

• Minimum crew for each operation shall consist of: sUAS pilot, a visualsUAS observer, and the camera operator.
• The sUAS PIC will be an FAA licensed airman holding a minimum ofa Private Pilot certificate and a current FAA medical certificate.

• The sUAS operated by the petitionerweighs less than 25 pounds, includingall payload (i.e. camera, lens, and stabilized gimbal).

• The sUAS will operate atspeeds of no morethan 50 knots, can hover, and can simultaneously move vertically and horizontally.

• Given the small size ofthe sUAS and the restricted sterile environmentwithin which itwill operate, Eley & 

### Associates Consulting LLC's operations adhere to the Reform Act's safety requirements.

The factthe pilot holds an FAA Sport Pilot license demonstrates Eley & 

### Associates Consulting LLC's high regard for safe operationswith an understanding of FARs, pre- flight inspections, knowledge ofoperations and differences in airspace classifications, maintenance and repair, as well as being trained to highsafety standards.

Underthe 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; RadioCommunications Procedures; Human Factors and Crew Resource Management; Basic sUAS Aerodynamics; Weatherfactors; 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 operationsforthe activities stated respecting at all times the space and privacy of citizensand property while keeping airspacesafe.

www.eleysafety.com dale@eleysafety.com

### EXEMPTION REQUESTS AND EQUIVALENT LEVEL OFSAFETY

Eley 

### & Associates Consulting LLC requests an exemption from the following regulations as well as any additional regulations that may technically applyto the operation ofthe sUAVSystem:

14CFR Part 21, Airworthiness Certificates This part establishesthe proceduresforthe issuance of an airworthiness certificate. While the FAA continues to workto develop airworthiness standardsfor Unmanned Aerial Systems, we request an experimental certificate be issued forthe DJI Phantom 2 and the 3DR Solo undereither, or both, ofthe following provisions: 21.191 Experimental certificates. Experimental certificates are issued forthe following purposes: (a) Research and development.Testing new aircraft design concepts, new aircraft equipment, new aircraft installations, new aircraft operating techniquesror new uses for aircraft. (b) Showing compliance with regulations. Conducting flight tests and other operationsto show compliance with the airworthiness regulations including flightsto show compliance for issuance oftype and supplemental type certificates, flightsto substantiate majordesign changes, and flights to show compliance with the function and reliability requirements ofthe regulations. Sincethe experimental certificate can be used for commercial purposes such as market surveys, sales demonstrations, and customer crew training, we would expectthat an experimental certificate would permit our commercial purpose as well. The aircraftwill not carry persons or property, will notcarry fuel, and will onlyfly understrict operational requirements. Combined with the UA's lightweight, being constructed primarily ofcarbon fiberand plastic, we propose thatthe UAwill be at least as safe, if not safer, than a conventionally certificated aircraft performing the same mission. Ifan experimental airworthiness certificate is not appropriate forthis 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 ofsafety outlined in the previous paragraph.

14CFR45.23 Displayof marks; general and 45.29 Size of marks These regulations provide that each aircraft must display "N" and the aircraft's registration number in lettersat least 3 inches high. Additionally, the aircraft must displaythe word "EXPERIMENTAL" in letters at least 2 inches high nearthe 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 ofsafety by including the word "EXPERIMENTAL" in the placard on the top ofthe aircraft, as shown above, where the PIC, VO and others in the vicinity ofthe aircraft while it is preparing for launch will be able to see the designation. Additionally, we.-feel thatthe permanent placard discussed in the previous paragraph will provide the aircraft's registration information atthe ground station. Finally, we will display at the ground station a high contrast flag or bannerthat contains the words "Unmanned Aircraft Ground Station" in letters 3 inches high or greater. Since the aircraft will operate within 3/4 NM ofthe ground station, the banner should be visible to anyonethat observesthe aircraft and chooses to investigate its point oforigin.

### 14CFR61.113 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 ofan aircraft for compensation or hire. Subparagraph (b) allows
a private pilotto act as pilot in command ofan 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 thatthe PIC must hold at least a Private Pilot Certificate issued bythe FAA and since the aircraft cannotcarry passengers or property, wefeel we meetthe intent of 61.113 Subparagraph (b)
even though the intent ofthis application is to conduct a business.



### 14CFR91.7 Prohibitsthe Operation ofan aircraftwithoutan airworthiness certificate. As no such certificate will be applicable in the form contemplated bythe FARs, this Regulation is inapplicable.



### 14CFR91.9 Civil aircraftflight 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 thatthe intent of this requirement is to ensure that flight manual information is availableto the aircrew while operating the aircraft. We request an exemption to this requirement sincethe 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 meetthe intent of91.9, we propose that a current, approved sUAS Flight Manual must be available to the crew atthe ground station anytime the aircraft is in,
or preparing for, flight.



### 14CFR91.109 Flight Instruction; Simulated instrumentflight and certain flighttests. ,. The regulation states "No person may operate a civil aircraftthat is being used for flight instruction unless that aircraft has fully functioning dual controls." The sUAS System ground-based control station consists ofa hand-held radio transmitterand while it does not offera second set of "controls", both the student and instructorcan, and will, operatethe single set ofcontrols simultaneously. With both student and instructor having "hands-on" the controls during flight, thistechnique meets the intent 91.109 and provides an equivalent level ofsafety.



### 91.119 Minimum safealtitudes: General. The regulation statesthat oversparsely populated areasthe aircraft cannot be operated closerthan 500 feet to any person, vessel, vehicle, orstructure. Sincethe typical mission ofthe sUAS would be photography or survey of persons, vessels, vehicles or structures it would be necessaryto operate closerthan 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, ifa 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 ofthe 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 referenceto
an altimetersetting available within 100 NM oftheaircraft. The sUAS will always fly below 400 feet AGL and will not need to maintain cruising altitudes in orderto prevent conflict with other aircraft. An Above Ground Level altimeter measurement above the takeoff point istransmitted via radio from the sUAS on-board computerto the display screen held by the PIC, providing a constantly updated AGL readout.

14CFR91.151 Fuel requirements forflight in VFR conditions. The regulation provides that no person may begin a flight in an airpla11e underdayVFR conditions unless there is enough fuel to fly tothe first point of intended landing and to fly afterthatfor at least 30 minutes. We feel the intention ofthis paragraph is to provide an energy reserve as a safety bufferfor delays to landing. The sUAV is battery operated and the maximum duration offlight from a single battery charge is 12 minutes with a 20% reserve. Since the aircraft will neverfly more than 3/4 NM from the point of intended landing, a full battery charge at launch will ensurethatwe meet the reserve energy requirement ofthis paragraph. We request an exemptionto the word "fuel" and ask for an equivalent interpretation with the word "energy".

14 CFR91.203(a) & (b) Civil aircraft: Certifications required. The regulation provides that an airworthiness certificate, with the registration numberassigned tothe aircraft and a registration certificate must be aboard the aircraft. Additionally, subparagraph (b) provides thatthe airworthiness certificate be "displayed at the cabin orcockpit entrance so that it is legible to passel'lgers or crew." At a maximum gross weight of5.3 pounds, the sUAS is too small to carry documentation, does not have an entrance, and is not capable of carrying passengers orcrew. To obtain an equivalent level ofsafety and meetthe intent of 91.203, we proposethat documents deemed appropriate forthis aircraft by the FAA will be co-located with the crew atthe ground control station and available for inspection upon request. In orderto identifythe aircraft, we propose thatthe information found on airworthiness and registration certificates be permanently affixed to the aircraftvia placard containing the following information plus the word "EXPERIMENTAL" to satisfythe requirement of 14 CFR 45.23.

14CFRSubpart E 91.401- 91.417

- Maintenance, Preventive Maintenance, Alterations The regulation providesthatthe 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 thatthe aircraft be "approved for return to service by a person authorized under43.7" after maintenance and inspection. 

### It is
our intention thatthe PIC perform maintenance and inspection ofthe aircraft and "be authorized to approve the aircraft for return to service."The PIC will ensure thatthe aircraft is in an airworthy condition priorto every flight and in addition conduct detailed inspections aftereverytwo hours offlight. Maintenance performed by the PIC is limited to repairing small cracks, replacing a propeller, checking electrical connections and updating software and- firmware forthe on-board computer. All other maintenance will be performed bythe manufacturerortheirdesignated repair facility. The PIC will documentwork performed in accordance with 91.417. We feel that due to the size, construction, and simplicity ofthe aircraft, the PIC can ensure an equivalent level ofsafety.