August 5, 2015

Exemption No. 12351

Regulatory Docket No. FAA–2015–1033

Mr. Ebiri Nkugba

Elevated Perspective, LLC

824 Paradise Lake Drive SE.

Grand Rapids, MI 49546

Dear Mr. Nkugba:

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 April 9, 2015, you petitioned the Federal Aviation Administration (FAA) on 

behalf of Elevated Perspective, LLC (hereinafter petitioner or operator) for an exemption. 

The petitioner requested to operate an unmanned aircraft system (UAS) to conduct aerial 

imaging for agriculture, construction/architecture, and real estate.

See Appendix A for the petition submitted to the FAA describing 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 3D Robotics X-8.

In accordance with the statutory criteria provided in Section 333 of Public 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 FAA 
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finds that relief from 14 CFR part 21, Certification procedures for products and parts, 

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 collection1. The FAA has issued grants of 

exemption in circumstances similar in all material respects to those presented in your petition. 

In Grants of Exemption Nos. 11062 to Astraeus Aerial (see Docket No. FAA−2014−0352), 

11109 to Clayco, Inc. (see Docket No. FAA−2014−0507), 11112 to VDOS Global, LLC (see

Docket No. FAA−2014−0382), and 11213 to Aeryon Labs, 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 proportions, 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 present; 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 Perspective, LLC 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 Perspective, LLC 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 (particulate measurement, etc.), or any other gathering of data by 

instruments aboard the UA.
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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 3D Robotics X-8

when weighing less than 55 pounds including payload. Proposed operations of any 

other aircraft will require a new petition or a petition 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 operated 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 by 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; 

electronic messaging or texting is not permitted during flight 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 followed. 

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 revised 

documents to the Administrator or any law enforcement official upon request. The 
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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 revision 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 FAA’s 

UAS Integration Office (AFS−80) may be contacted if questions arise regarding 

updates or revisions 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 further 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 operating 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 aircraft 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 Columbia, Puerto Rico, a territory, a possession, or the Federal 

government. The PIC must 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.

14. The operator may not permit any PIC to operate unless the PIC demonstrates the 

ability to safely operate the UAS in a manner consistent 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 manner consistent with 

14 CFR § 61.51(b). Flights for the purposes of training the operator’s PICs and VOs 
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(training, proficiency, and experience-building) and determining the PIC’s ability to 

safely operate the UAS in a manner consistent with how the UAS will 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 

training, proficiency, and experience-building flights, all persons not essential 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 current FAA Airport/Facility Directory (AFD) or for airports not 

denoted with an ARP, the center of the airport symbol as denoted on the current 

FAA-published aeronautical chart, unless a letter of agreement with that airport’s 

management is obtained or otherwise 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 less 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 signal, the UA must return to a 

pre-determined location within the private or controlled-access property.

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 conducted 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.
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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 Administrator 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 must 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. 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; 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 and 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 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.

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

boundaries of the operational area as defined by the applicable COA must be reported 

to the FAA'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.
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30. At least 3 days before aerial filming, the operator of the UAS affected by this 

exemption must submit a written Plan of Activities to the local Flight Standards

District Office (FSDO) with jurisdiction over the area of proposed filming. The 3-day 

notification may be waived with the concurrence of the FSDO. The plan of activities 

must include 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 the person responsible for the on-scene operation of 

the UAS;

d. Make, 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 production, 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.

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

Sincerely,

/s/

John S. Duncan

Director, Flight Standards Service

Enclosures
April 9, 2015

U.S. Dept. of Transportation, Docket Operations

West Building Ground Floor, Room w12­140

1200 New Jersey Avenue, SE.,

Washington, DC 20590

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

the Federal Aviation Regulations from: 14 CFR 61.315; 14 CFR 91.103; 91.119; 91.121;

91.151(a); 91.405; 91.407; 91.409; & 91.417(a) and (b).

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, Elevated Perspective, LLC hereby applies for an

exemption from the Federal Aviation Regulations (“FARs”) to allow commercial

operation of its UASs for agriculture, construction/architecture, and real estate imaging

purposes.

On or about March 12, 2015 the FAA granted exemption to Build Imagery to operate the

Iris quadcopter manufactured by 3D Robotics. Elevated Perspective is petitioning to use

another model by this same manufacturer (3D Robotics). Our model is the X­8

“Octo­quad” copter. This petition is submitted with the understanding that the FAA’s

Summary Grant process may aid in the review and approval process.

Low­level oblique photos and video from several angles are far more effective than

ground­ based imagery for displaying the characteristics of farmed crops, and complex

properties with several buildings and large trees. The benefits of reduced cost, reduced

noise interference and improved quality of presentation from the UAS will be valuable to

and benefit construction professionals, farmers seeking to be responsible with costly

irrigation and fertilizer resources, and community leaders in the development of project

site characteristics. The construction and real estate based photography occurs in

restricted or other areas where access to the public is strictly limited and controlled. As a

result, the operation has no substantial impact on any third persons not involved in the

actual site project

Elevated Perspective LLC’s requested exemption would permit the operation of small,

unmanned UAS under controlled conditions in and on construction site projects,

unimproved and unoccupied farmland airspace that is: (i) limited, (ii) predetermined, (iii)

subject to controlled access, and (iv) provide greater safety than manned aircraft

operations of a similar nature and scope. As established by the exemptions already

granted by the FAA, approval of Elevated Perspective LLC’s exemption would 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.” Section 333(c) of the Reform Act.
The name and address of the applicant is:

Elevated Perspective, LLC

Attn: Ebiri Nkugba

Ph: 616.206.8017

Email: ebirinkugba@gmail.com

Address: 824 Paradise Lake Dr. SE Grand Rapids, MI 49546

Regulations from which the exemption is requested:

14 CFR 61.315

14 CFR 91.103

14 CFR 91.119

14 CFR 91.121

14 CFR 91.151(a)

14 CFR 91.405(a)

14 CFR 407(a)(1)

14 CFR 409(a)(2)

14 CFR 417(a) and (b)

UASs operated by Elevated Perspective LLC weigh less than 55 pounds, including the

payload (i.e. camera, lens, and gimbal). They operate at speeds of no more than 50 knots,

can hover, and can simultaneously move vertically and horizontally. Elevated Perspective

LLC will only operate its UASs in line of sight, daytime, and in atmosphere which will

allow 3 SM visibility from a control station, and will operate only within the area(s)

described above. Such operations will insure that the UAS will “not create a hazard to

users of the national airspace system or the public.”

Given the small size of Elevated Perspective LLC's UASs and the restricted

environment(s) within which they will operate, Elevated Perspective LLC's proposed

UAS operations adhere to the Reform Act’s safety requirements. Additionally, due to the

size of the UASs and the limited areas in which they will operate, approval of this

application presents no national security issues. Based on the substantial level of safety

surrounding the proposed operations, and the significant public benefit (enhanced safety),

reduction in environmental impacts (reduced emissions and noise), the grant of the

requested exemption is in the public interest. Accordingly, Elevated Perspective LLC

respectfully requests that the FAA grant the requested exemption.

Aircraft And Equivalent Level Of Safety

The operating limitations proposed by Elevated Perspective LLC provide for at least an

equivalent or higher level of safety because operations further enhance safety of aerial

data acquisition using conventional aircraft.

The limitations and conditions include:
1. The UASs will weigh a maximum of 10 lbs, including payload.

2. The UASs size will be no more than 40 inches in diameter, including any rigging.

3. The UAS is a multi­rotorcraft type in octo­quad configuration.

4. In observance of the FAA NPRM (docket number FAA­2015­0150); Elevated

Perspective LLC will not operate a UAS within 5 miles of an airport without

notification of the appropriate airport operator or airport tower (when an air traffic

facility is located at the airport).

5. A pre­flight inspection procedure will be used prior to any flight operations in

accordance with the document entitled “Flight Checklist” authored by the

manufacturer 3D Robotics (see attached documents with this petition).

6. Any discrepancies noted during the pre­flight inspection will be repaired and an

operational check completed prior to additional operation of that UAS in the

NAS.

7. Flights will be operated within line of sight of a pilot and/or observer.

8. Maximum flight time for each operational flight will be 30 minutes. Flights will

be terminated at 25% battery power reserve should that occur prior to the 30

minute limit.

9. Flights will be operated at an altitude of no more than 400 feet AGL

10. Minimum crew for each operation will consist of the UAS Pilot

11. A UAS pilot will be an FAA licensed airman with at least a sport pilot’s

certificate (or “higher” eg. recreational, private, commercial, or ATP

certificate(s)) and valid driver’s license.

12. A UAS Pilot will be Pilot in Command (PIC).

13. The UAS will only operate within a confined area, to be agreed upon by Elevated

Perspective LLC and the property owner or manager prior to flight operations.

14. A briefing will be conducted for planned UAS operations prior to each flight. All

personnel performing duties within the boundaries of the safety perimeter are

required to attend.

15. The operator will file a FAA Form 7711­1, or its equivalent, as modified in light

of the requested exemption, with the appropriate Flight Standards District Office.

16. Written or oral permission from the relevant property holders or managers will be

obtained prior to flight.

17. 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.

18. If the UAS loses communications or loses its GPS signal, the UAS will have the

capability to return to a pre­determined location within the Security Perimeter and

land.

19. The UAS will have the capability to abort a flight in case of unpredicted obstacles

or emergencies.

Privileges and Limitations:

Pilot in Command Section 61.315 limits sport pilots to non­commercial operations.

Because the UAS will not carry a pilot or passengers, the proposed operations can
achieve the equivalent level of safety of current operations by requiring the PIC operating

the aircraft to have at least a sport pilot’s license (or “higher” eg. recreational, private,

commercial or ATP certificate(s)) rather than just a commercial pilot’s license to operate

a small UAS. Unlike a conventional manned aircraft, a UAS is remotely controlled by a

ground­based operator. The operational area is controlled and restricted, and all flights

are planned and coordinated in advance. The level of safety exceeds that provided by a

single individual holding a commercial pilot’s certificate operating a conventional

aircraft. The risks associated with the use of a UAS are so diminished from the level of

risk associated with commercial operations contemplated by Part 61 allowing UAS use

by a sport pilot as the PIC exceeds the present level of safety sought by 14 C.F.R.

§61.315.

14 C.F.R. § 91.103: Preflight Action. Section 91.103 requires each pilot to preflight an

aircraft before flight to insure the safety of flight. As FAA approved rotorcraft flight

manual will not be used, an exemption is requested. However, an equivalent level of

safety will be provided. The PIC will take all actions, including reviewing weather, flight

battery requirements, and aircraft performance data before commencement of flight.

14 C.F.R. §91.119(c): Minimum Safe Altitudes

Section 91.119 establishes safe altitudes for operation of civil aircraft. Section 91.119

provides, in pertinent part, that: “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.”

Because Elevated Perspective LLC requests authority to operate at altitudes only up to

400 AGL, an exemption is needed to allow such operations. The UAS will be operated in

a restricted area within a security perimeter, where people will not be exposed to

operations without their pre­ obtained consent.

The equivalent level of safety will be achieved given the size, weight, and speed of the

UAS as well as the location where it is operated. No flight will be taken without the

permission of property owners or local officials. Because of the advance notice to the

property owners and participants in the aerial data acquisition activity, all affected

individuals will be informed of the planned flight operations. Compared to flight

operations for manned aircraft and the lack of flammable fuel, any risk associated with

the proposed UAS operations is far less than conventional aircraft operating at or below

500 AGL. In addition, the low­altitude operations of the UAS will ensure separation

between a UAS and conventional aircraft.

14 C.F.R. §91.121 Altimeter Settings
Section 91.121 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.” As a UAS may not have a

barometric altimeter, but instead a GPS altitude data, an exemption is needed. An

equivalent level of safety will be achieved by the operator, pursuant to the Flight

Checklist, confirming the altitude of the launch site shown on the GPS altitude indicator

before flight.

14 C.F.R. §91.151(a): Fuel Requirements for Flight in VFR Conditions

Section 91.151(a) prohibits an individual from beginning “a flight in an airplane 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 – (1) During the day, to fly after that for at least 30 minutes . . . .”

The battery powering the Elevated Perspective LLC UAS provides approximately 18

minutes of powered flight. To meet the 30­minute reserve requirement in 14 CFR

§91.151, UAS flights will be limited to approximately 10 minutes in length. Given the

limitations on the UAS’s proposed flight area and its proposed operations within a

predetermined location, a longer time frame for flight in daylight VFR conditions is

reasonable. Furthermore, operating the UASs in a tightly controlled area where only

people & property owners notified of the operation will be allowed, less than 30 minutes

of reserve fuel does not engender the type of risk that §91.151(a) was intended to address.

Elevated Perspective LLC believes that safety can be achieved by limiting flights to 10

minutes or 25% of battery power, whichever occurs first. This restriction would be more

than adequate to return the UAS to a pre­determined landing zone from anywhere in its

limited operating area.

Elevated Perspective LLC is not seeking an exemption for nighttime UAS operations.

14 C.F.R. §91.405 (a); 407 (a) (1); 409 (a) (2); 417(a) & (b): Maintenance Inspections

These regulations require that an aircraft operator or owner 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...,” and others shall inspect or maintain the aircraft in

compliance with Part 43.

Given that these sections and Part 43 apply only to aircraft with an airworthiness

certificate, these sections will not apply to Elevated Perspective operations. Maintenance

will be accomplished by the operator. An equivalent level of safety will be achieved

because the UASs are limited in size, will carry a small payload and operate only in

restricted areas for limited periods of time. If mechanical issues arise, the UAS can land
immediately and will be operating from no higher than 400 feet AGL. The operator will

ensure that the UAS is in working order prior to flight, perform any required

maintenance, and perform a check to ensure the required repair was effective and that the

UAS is in a safe and operable condition prior to additional flight.

Summary for Publication

Pursuant to 14 C.F.R. Part 11, the following summary is provided for publication in the

Federal Register, should it be determined that publication is needed:

Elevated Perspective LLC seeks an exemption from the following rules:

14 C.F.R. §§ 61.315(a) and (b); 91.103; 91.119(c); 91.121; 91.151(a); 91.405(a);

91.407(a)(1); 91.409(a)(2); and 91.417(a) and (b) to operate commercially a small

unmanned vehicle (55 pounds or less) for agriculture, construction/ architecture, and real

estate imaging purposes.

As established by the UAS exemptions already granted by the FAA, allowing

commercial operations of UASs in these industries will enhance safety by reducing risk.

Conventional film and photogrammetry operations, using manned aircraft, operate at low

altitudes and present the risks associated with aircraft that weigh around 4,000 pounds,

and which carry large amounts of fuel. Such aircraft must also fly to and from the area for

use. In contrast, a UAS weighing fewer than 55 pounds and powered by batteries

eliminates virtually all of that risk given the small size and lack of combustible fuel. The

UAS is carried, and not flown, to an area for use. In this regard, the UAS carries no

passengers or crew and, therefore, will not expose them to the risks associated with

manned flights.

The operation of UASs conducted in the strict conditions outlined in the petition will

provide an equivalent level of safety supporting the grant of the exemption requested.

The UASs operate at slow speeds, close to the ground, and in a sterile environment. As a

result, they are far safer than conventional operations conducted with aircraft carrying

fuel and flying near persons and property on the surface.

Privacy

All flights will occur over private or controlled access areas with the property owner’s

prior consent and knowledge. Photo or film will be only of people who have given their

consent or otherwise have agreed to be in the area where the flight will take place.

Satisfaction of the criteria provided in Section 333 of the Reform Act of 2012 (size,

weight, speed, operating capabilities, proximity to airports and populated areas and

operation within visual line of sight and national security) provide more than adequate

justification to grant Elevated Perspective LLC's requested exemption, allowing for

Elevated Perspective LLC's commercial UAS operations for the agriculture,

construction/architecture, and real estate industries.
Regards,

Ebiri Nkugba

Elevated Perspective, LLC