September 27

, 2015

U.S. Department of Transportation Docket Management System 1200 New Jersey Ave., SE Washington, DC 20590

Re: Petition of Elevated Media Productions for an Exemption Pursuant to Section 333 of the

FAA Modernization and Reform Act of 2012

Director: Flight Standards Service:

Pursuant to Section 333 of the FAA Modernization and Reform Act of 2012 ("Reform Act") and
14 C.F.R. Part 11, Elevated Media Productions (“ Elevated Media ”) hereby applies for an exemption from the Federal Aviati on Regulations ("FARs") identified below to allow commercial operation of small unmanned aerial vehicles (i.e., "small unmanned aircraft" or "UAS") for the purpose of conducting aerial videography and photography filming for the motion picture, television, and web industry

.

This petition for exemption is made based on information outlined in this Petition for Exemption, as well as the accompanying documents;

1. PIC Flight Operations Manual and;

2. Operations Manuals ( Collectively 2 and 3 are referred to as Documents and Manuals)

3. User Guide and;

4. Flight Manual 1
( Collectively 3 and 4 are referred to as "Manufacturer's Manuals").

Elevated Media submits these supporting materials as confidential documents pursuant to 14 C.F.R. § 11.35(b), as the materials contain confidential commercial and/or proprietary

information that Elevated Media has not and will not share with other requesting parties. Additionally, these documents contain operating conditions and procedures that are not generally

avai lable to the public and are protected from release under the Freedom of Information Act, 5 U.S.C. § 552 et. seq.

For your convenience, this Petition is organized as follows:

I. Description of Petitioner

1 . The term "Manufacturer's Manual" also includes all relevant manufacturer publications, including, but not limited to: operations and flight manuals, user guides, component maintenance manuals, pilot training manuals, service
information letters and, safety/se rvice bulletins

.U.S Department of Transportation

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II. Description of Proposed Operations

A. A erial videography , photography and cinematogr a phy

III. Relevant Statutory Authority

IV. Proposed UAS Operations Meet the Requirements of Section 333 of the

Reform Act

A. Approval is Warranted Based on the UAS's Size, Weight, Speed, and Operational Capability

B. Approval is Warranted B ased on the Operational Restrictions Set Forth in the Operations Manuals

V. Regulations From Which Exemption is Requested

A. 14 C.F.R. Part 21, Subpart H

– Airworthiness Certificates and 14 C.F.R. § 91.203(a)(1)

B. 14 C.F.R. Part 27 Airworthiness Standards: Norma l Category Rotorcraft

C. 14 C.F.R. §§ 91.9(c), 45.23(b) and 45.27(a): Aircraft Marking and Identification Requirements

D. 14 C.F.R. § 91.405(a), 91.407(a)(1), 91.409(a)(1) and (2); 91.417(a) and (b): Maintenance Inspections

E. 14 C.F.R. Part 61, 14 C.F.R. § 61.3, 1 4 C.F.R. § 61.113: Private Pilot Privileges and

Limitations

F. 14 C.F.R. § 91.7(a): Civil Aircraft Airworthiness

G. 14 C.F.R. § 91.9(b)(2): Civil Aircraft Flight Manual in the Aircraft and 14 C.F.R. § 91.203(a) and (b): Carrying Civil Aircraft Certification and Registration

H. 14 C.F.R. § 91.103: Preflight Action

I. 14 C.F.R. § 91.109(a): Flight Instruction

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

K. 14 C.F.R. § 91.121: Altimeter Settings

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

V1. Drug and Alcohol Program

VII. Public Interest

VIII. Privacy

IX. Federal Register Summary

X. Conclusion

I. DESCRIPTION OF PETITIONER

Elevated Media , based in Westlake Village, CA provides aerial videography, photography and cinematography for t he movie and TV industry utilizing the latest UAV technology. ElevatedU.S Department of Transportation

September 27

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Media aims to provide high quality aerial video, using the latest UAS technologies, to every client in a safe and professional manners. Elevated Media works to produce video graphy and photography via controlled flights for the promotional purposes, commercial art and stock footage. The Company’s Principal and Chief Pilot Trevor Thompson has been flying UAV Quadcopters as a hobby for more than three year s without incident, spen d ing thou sands of hours flying. Upon the grant of the 333 Exemption the Company’s business will specialize in production of v ideography and photography for their client base.

Elevated Media’s staff are well trained and experienced in providing support as visual ob servers (“VO”) for the pilot in command (“PIC”) in addition to any other needed on site assistance

.
All of the equipment owned by Elevated Media is of the highest quality gear and ha s been able to provide these services safely and without any claims or inc ident

. Elevated Media’s goal is to advise the perspective client that Elevated Media is following all the applicable state and federal rules to ensure the safety of the public while providing the client with a competitive and cost effective product.

Elev ated Media seeks an exemption to allow for aerial filmmaking as well as photography, videography services and other related media products.

The contact information for Petitioner is as follows:

T revor Thompson

Elevated Media Productions

3717 E. Thousand Oaks Blvd. Westlake Village, CA 91362

Phone: 805

- 4 27

- 2282

Email: Trevor@ElevatedMediaProductions.com

II. DESCRIPTION OF PROPOSED OPERATION

Elevated Media seeks an exemption pursuant to Section 333 of the Reform Act to operate the

DJI Phanton 2 and DJI Inspire ( all under 55lbs) also known as ( EM

- UAS ) for the proposed operations discussed herein below. All UAS operations will occur under tightly controlled conditions on private property where Elevated Media has received verifiable permission to

operate from the landowner, controller or authorized representative. The proposed UAS operations will be conducted in accordance with the conditions and limitations of this Petition for Exemption and Elevated Media’s Operations Manuals. As detailed in Elevated Me dia’s Operations Manuals, all UAS operations will be limited to daytime VFR conditions, within

visual line

- of

- sight ("VLOS") of the operator, in uncontrolled airspace, and will occur at least 5 mm away from an airport reference point

. Moreover, Elevated Me dia’s Operations Manuals incorporate redundant safeguards to assure the aircraft does not travel outside the controlled area of UAS operations, including GPS "geo

- fencing" technologies.

A. Aerial C losed

- S et Videography, P hotography and C inematography

Elevat ed Media seeks to use small EM

- UAS for the purpose of conducting closed

- set aerial videography and photography for narrative, documentary, commercial, and reality projects.

.U.S Department of Transportation

September 27

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Elevated Media has purposefully tailored its operations to meet the requirements e stablished by the FAA in prior grants of exemption authorizing commercial use of UAS in the motion picture and television filmmaking industry, including :

 Astraeus Aerial (Exemption No. 11062)

 Aerial MOB, LLC (Exemption No. 11066)

 Pictorvision, Inc. (Exemp tion No. 11067)

 HeliVideo Productions, LLC (Exemption No. 11065)

 Snaproll Media, LLC (Exemption No. 11063)

 RC Pro Productions Consulting, LLC d/b/a Vortex Aerial (Exemption No. 11064)

 Flying

- Cam, LLC (Exemption No. 11080)

 Aerocine, LLC (Exemption No. 11150 )

 Team 5, LLC (Exemption No. 11158)

 Alan D. Purwin (Exemption No. 11161)

 Helinet Aviation Services, LLC (Exemption No. 11160)

 Picture Factory, Inc. (Exemption No. 11178)

All UAS recording operations will occur on private property in a controlled area away from spectators and persons not involved in the film making process . In addition, the filming will be

conducted between dawn and dusk to ensure maximum safety for the public and those involved in the manipulation and operation of the UAS ; VFR conditions, a t altitudes below 400' above ground level (“AGL”).

As set forth below, Elevated Media’s operations provide an equivalent level of safety which is superior to performing the same work using conventional fixed

- wing aircraft or helicopters.

Small UAS recor ding operations is also safer than traditional manned aircraft performing the same function. Conventional operations using rotorcraft and fixed

- wing aircraft in low level operations present risks associated with vehicles weighing tens of thousands of pound s (including payload) and carrying large amounts of fuel which inherently presents significant fire hazards as well as exposure to other chemical contaminates

. It is important to note the use of small UAS in this area will not only be safer and more cost effective to the perspective user or purchaser of the service , but the quality and expanse of acquired information will be far more robust given the low cost associated with its acquisition and other potential consumers an inexpensive product

.

UAS record ing is more reliable, and allows for the collection, dissemination, and storage of visual and other sensory data with greater precision and duration at a very low cost . Small UAS will also be capable of accessing and inspecting areas that would otherwise be inaccessible or highly dangerous using conventional aircraft or other inspection methods.

III. RELEVANT STATUTORY AUTHORITY

This Petition for Exemption is submitted pursuant to Section 333(a) through (c) of the

FAA Modernization and Reform Act of 2012 ("Reform Act"). Congress has directed the FAA "to safely accelerate the integration of civil unmanned aircraft systems into the national airspace system." Pursuant to Section 333 of the Reform Act, the FAA Administrator is to permitU.S Department of Transportation

September 27

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u nmanned aircraft syst ems to operate in the National Air Space ("NAS") where it is safe to do so

b ased on the following considerations:

● The UAS's size, weight, speed and operational capability; ● Operation of the UAS in close proximity to airports and populated areas; and

● Operation of the UAS within the visual line of sight of the operator.

Additionally, the FAA Administrator has general authority to grant exemptions from the agency's safety regulations and minimum standards when the Administrator decides a requested

exemp tion is in the public interest. See 49 U.S.C. § 106(f) (defining the authority of the Administrator); 49 U.S.C. § 44701(f) (permitting exemptions from §§ 44701(a), (b) and §§ 44702

– 44716, et seq.). A party requesting an exemption must explain the reasons why the exemption: (1) would benefit the public as a whole, and (2) would not adversely affect safety (or how it would provide a level of safety at least equal to the existing rules). See 14 C.F.R. § 11.81 (petitions for exemption).

IV. ELEVATED MEDIA’S PROPOSED EM

- UAS OPERATIONS MEET THE REQUIREMENTS OF SECTION 333 OF THE REFORM ACT

The small EM

- UAS operations proposed by Elevated Media as noted above in this Petition for Exemption qualify for expedited approval pursuant to Section 333 of the Reform Act as each of the statutory criteria and relevant factors are satisfied.

A. Approval is Warranted Based on the UAS's Size, Weight, Speed, and Operational Capability

A Grant of Exemption is appropriate for operations conducted using the UAS s due to their size weight, speed, and operational capability.

 The UAS ’s utilize d by Elevated Media have been approv ed for use in prior

Section

333 Grants of Exemption from the FAA. 2

 The UAS s weigh less th an 55 pounds, including payload

 The UAS s will not be flown at a gro und speed in excess of 50 knots.

 Altitude information will be generated by equipment onboard the UA S as specified using GPS triangulation, digitally encoded barometric altimeter, radio altimeter, or any combination thereof. This information will be transm itted to the pilot via telemetric data feed.

2 See e.g., Grant of Exemption to Shotover Camera Systems L.P. (Exemption No. 11159); Grant of Exemption to VDOS Global, LLC (Exemption No. 11112); Grant of Exemption to LowCountryRC, Corp. (Exemption No. 11184); Grant of Exemption to Alan Purwin (Exemption No. 11161); Grant of Exemption to Helinet Aviation Services (Exemption No. 11160); Grant of Exemption to Total Safety U.S., Inc. (Exemption No. 11156).U.S Department of Transportation

September 27

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 The EM

- UAS will have system redundancies and independent functionality to

ensure the overall safety and predictability of the system. If connection to the remote control or ground control station is lost, fails afe systems will permit the UAS s to return to a predetermined location and safely land without injury or damage.

 The radio frequencies used for operations and control of the EM

- UAS comply with the Federal Communications Commission ("FCC") and other approp riate government oversight agency requirements. T he operating frequency for the EM

UAS is 2.4 GHz frequency bands.

If the same operations were conducted using a helicopter, the aircraft's take

- off weight would likely exceed 6,000 pounds depending on paylo ad . The difference in weight between the EM

UAS and a helicopter significantly reduces the potential harm to the participating and non

participating individuals and/ or surrounding property in the event of an unintended accident or incident. In addition, t he risk to the onboard pilot and camera operator is eliminated.

B. Approval is Warranted Based on the Operational Restrictions Set Forth in

Elevated Media’s Operations Manuals

Elevated Media’s Operations Manuals and the Manufacturer's Manual for the selec ted EM

- UAS will contain all the procedures and limitations necessary to safely and successfully perform the operations specified in this Petition for Exemption. To assist the FAA in making a safety

assessment of Elevated Media’s proposed operations, below is a summary of operational

limitations and conditions that Elevated Media will adhere to, and which will ensure an equivalent or higher level of safety to operations conducted under current regulatory guidelines:

1. The EM

- UAS weighs less than 55 pounds, wi th payload

.

2. All operations shall be conducted over private or controlled

- access property with verifiable permission from the land owner/controller or authorized representative. Permission from land owner/controller or authorized representative will be obt ained

for each scheduled flight prior to operation

.

3. All UAS operated under the Grant of Exemption will 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 will be as large as practicable.

4. Minimum crew for each flight operation will consist of a pilot, who will be Pilot

- in Command ("PIC") of the EM

- UAS , and one or more Visual Observers ("Observer") as necessary to safely conduct the mission.

5. PICs shall possess either a private, recreational, or sport pilot certificate. The PIC

must also hold a current Class III 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 will also meet the flight review requirements specified in 14 C.F.R 61.56 in an aircraft in which the PIC is rated on his or her pilot

certificate.U.S Department of Transportation

September 27

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6. The EM

- UAS shall be operated within VLOS of the PIC and O bserver at all times.

The PIC must use human vision unaided by any device other than corrective lenses, as specified on the PIC's FAA

- issued medical certificate.

7. The PIC and Observer designated for any operation will be able to communicate verbally at all times.

8. Electronic messaging or texting will not be permitted during flight operations.

9. The additional requirements identified in the Grant of Exemption shall be added to

the Elevated Media’s Operations Manuals. The Operations Manuals will be

maintained and made available to the Administrator upon request. If a discrepancy exists between the conditions and limitations in the Grant of Exemption and Elevated

Media’s Operations Manuals, the conditions and limitations in the Grant of Exemption shall take pre cedence and must be followed. Otherwise, Elevated Media shall follow the procedures outlined in their Operations Manuals.

10. Elevated Media may update or revise its Operations Manuals. Revisions will be tracked and a revised copy of the Manual will be provid ed to the Administrator upon

request. Elevated Media will also present an updated and revised Operations Manuals if it petitions for extension or amen d ment to its Grant of Exemption. If an update or revision would affect the basis upon which the FAA grant s the exemption,

Elevated Media will seek an amendment to its Grant of Exemption. Elevated Media

will contact the FAA’s UAS Int e gration Office (AFS

- 80) if questions arise regarding updates or revisions to the ope r ating documents.

11. Elevated Media Operations Manuals and its Grant of Exemption will be available to the PIC at the ground control station anytime the EM

- UAS is operating.

12. The PIC is prohibited from beginning a EM

- UAS flight unless (considering wind and forecast weather conditions) there is enough power to fly to the first intended point of landing, and assuming normal cruising speed, to fly after that for at least 10 minutes.

13. Maximum total flight time for each operational flight using the EM

- UAS will be

limited to 40 minutes or the amount of time the UAS can be flown and still maintain a reserve battery power of no less than 25%, whichever occurs first.

14. Flights will be operated at an altitude of no more than 400 feet AGL and will never enter navigable controlled airspace without timely prior writ ten authorization and approval from the FAA. In the event the structure being inspected exceeds 400 feet AGL, the UAS will not be operated more than 100 feet above the highest point on the structure, and no more than 50 feet horizontally from the structure

.

15. Flight operations must be conducted at least 500 feet from all nonparticipating persons. (persons other than the PIC, VO, operator trainees or essential persons), vessels, vehicles, and structures unless:U.S Department of Transportation

September 27

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a. Barriers or structures are present that suffici ently 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 an d are within 500 feet of the UA, flight operations must cease immediately and/or;

b. The aircraft is operated near vessels, vehicles or structures where the owner/controller of such vessels, vehicles or structures has granted permission

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, and;

c. Operations nearer to the PIC, VO, operator trainees or essential persons do not present an undue hazard to those persons per § 91.119(a).

16. The EM

- UAS 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.

17. The EM

- UAS may not operate within 5 nm of an airport reference point as denoted

on a current FAA

- published aeronautical chart unless a letter of agreement with that airport’s management is obtained, and the operation is conducted in accordance with a NOTAM as required by the Elevated Media COA. The letter of agreement with th e airport management will be made available to the Administrator upon request.

18. Prior to each flight the PIC shall inspect the EM

- UAS to confirm that it is in a condition safe for flight. The pre

- flight inspection will account for all discrepancies, e.g. i noperable components, items, or equipment, not already covered in the relevant sections of the operating documents as well as equipment updates . The PIC shall not

operate any EM

- UAS if the inspection reveals a condition that affects the safe operation of t he EM

- UAS until the necessary maintenance has been performed and

the EM

- UAS is found to be in a condition for safe flight. The ground control station shall be included in the preflight inspection. All maintenance and alternations must be properly documente d in the UAS ’s records as required by Elevated Media’s Operations Manuals.

19. Elevated Media will timely carry out its maintenance, inspections, and record keeping requirements in accordance with the Operations Manuals. Maintenance, inspection,

and alteratio ns will be fully noted in the EM

- UAS records, including total time in service, description of work accomplished, date completed and the signature of the authorized person returning the EM

- UAS to service.

20. Any EM

- UAS that has undergone maintenance or altera tions that affect the UAS operation or flight characteristics (e.g., replacement of a flight critical component)

must timely undergo a functional test flight in accordance with Elevated Media’s Operations Manuals. The PIC who conducts the functional test f light must make an entry in the UAS aircraft records of the flight. The requirements and procedures for a functional test flight and EM

- UAS record entry shall be included in the Elevated

Media’s Operations Manuals.U.S Department of Transportation

September 27

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21. The EM

- UAS will be operated and maintain ed according to the Manufacturer's

Manuals and any required manufacturer Safety/Service Bulletins and product updates

.

22. Prior to the operation, a Mission Packet will be created in accordance with the requirements on Elevated Media’s Operations Manuals.

23. El evated Media will obtain an Air Traffic Organization ("ATO") issued Certificate of Waiver or Authorization, otherwise known as a COA, prior to conducting any operations under this Grant of Exemption. A NOTAM will be issued as required by the COA. All opera tions will be conducted in accordance with airspace requirements in the ATO issued COA including class of airspace, altitude level and potential transponder requirements.

24. All required permissions and permits will be obtained from territorial, state, count y or city jurisdictions, including local law enforcement, fire or other appropriate governmental agencies.

25. If the EM

- UAS loses communication with the PIC , it will have the capability to safely return to a pre

- determined location within the operational are a and land safely.

26. Contingency plans will be in place to safely terminate flight if there is a loss of

communication between the PIC and the Observer.

27. The EM

- UAS will have the capability to safely abort flight in the case of unpredicted

obstacles or emer gencies.

28. PICs and Observers will have at least a curren t Class III Medical Certificate or a valid

and current state driver’s license issued within the United States

.

29. Prior to conducting operations for filming, the PIC will have accumulated and logged, in a manner consistent with 14 CFR § 61.51(b), a minimum of 200 flight cycles and 25 hours total time as a UAS rotorcraft pilot and at least 10 hours logged as a UAS

p i lot with a similar EM

- UAS type platform

. This requirement can be achieved by flights con ducted and logged as a hobbyist

.

30. Prior to conducting operations for filming, the PIC will have accumulated and logged,

in a manner consistent with 14 CFR § 61.51(b) , a minimum of hours pursuant to 54 CFR § 61.51(b) as UAS pilot operating the make and mode l of EM

- UAS to be utilized for operations under the exemption and three take

- offs and three landing in the preceding 90 days

.

31. Operations shall occur during daytime VFR Meteorological Conditions; flights under special visual flight rules ("SVFR") shall not be conducted.

32. The EM

- UAS shall remain clear and yield the right of way to all other manned operations and activities at all times (including, but not limited to, ultralight vehicles, parachute activities, parasailing activities, hang gliders, etc.).U.S Department of Transportation

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33. EM

- UAS Operations under Instrument Flight Rules, at night, or beyond VLOS are prohibited.

34. The EM

- UAS will not be operated from an elevated platform or moving

device/vehicle.

35. Before conducting operations, the radio frequency spectrum used for operation and

c ontrol of the EM

- UAS will comply with the Federal Communications Commission (FCC) or other appropriate government oversight agency requirements.

V

. REGULATIONS FROM WHICH EXEMPTION IS REQ UESTED

The Federal Aviation Act expressly grants the FAA the autho rity to issue exemptions. This statutory authority, by its terms, includes exempting civil aircraft, as the term is defined under § 40101 of the Act, including UAS , from its safety regulations and minimum standards when the Administrator decides a requeste d exemption is in the public interest. 3

Elevated Media seeks an exemption from several interrelated provisions of Title 14 of the Code of Federal Regulations ("14 C.F.R") Parts 21, 45, 61 and 91 for purposes of conducting the requested operations using EM

- UAS platforms noted above . Listed below are: (1) the specific sections of 14 C.F.R for which exemption is sought, and (2) the operating procedures and safeguards that Petitioner has established which will ensure a level of safety better than or equal

to t he rules from which exemption is sought. 4

UNMANNED AIRCRAFT SYSTEM

A. 14 C.F.R. Part 21, Subpart H

– Airworthiness Certificates and 14 C.F.R. §91.203(a)(1)

The FAA has stated that no exemption is needed from this section if a finding is made under the

Refo rm Act that the UAS selected provides an equivalent level of safety when compared to aircraft normally used for the same application. These criteria are met and in point of fact

exceeded

, and therefore no exemption is needed. 5 If, however, the FAA determ ines that there are some characteristics of the chosen UAS that fail to meet the requirements of the Reform Act, an exemption is requested.

Equivalent Level of Safety

3 49 U.S.C. § 44701(f) (authorizing the grant of exemptions from requirements of regu lations prescribed pursuant to Sections 44701(a) and (b) and Sections 44702

- 44716).

4 14 C.F.R § 11.81(e), which requires a petition for exemption to include: The reasons why granting the exemption would not adversely affect safety, or how the exemption would provide a level of safety at least equal to that

pr o vided by the rule from which you seek exemption.

5 See Grant of Exemption No. 11062 to Astraeus Aerial (FAA

- 2014

- 0352 at pgs. 13

- 14, 22).U.S Department of Transportation

September 27

, 2015 Page 11

Elevated Media’s use of the EM

- UAS are safe when taking into account their size, weight , speed, and operational capability. As set forth in the description of proposed operations in Section IV ( A), the EM

- UAS weigh less than 55 poun ds , including payload and will not be flown at a ground speed in excess of 50 knots. The EM

- UAS are also equip ped with safety features which will allow Petitioner to operate the EM

- UAS safely after experienc ing certain in

- flight contingencies or failures as noted below

. 6 7 Additionally, the EM

- UAS carry neither pilots nor passengers, carry no explosive materials or flammable liquid fuels, or other elements identified by Homeland Security as being prohibitive and operate exclusively within the parameters stated

in Elevated Media’s Operations Manuals

.

Operations conducted under this exemption will be closely contro lled and monitored by the PIC operator and will be conducted in compliance with local public safety requirements, to provide security for the area of operation. Elevated Media will also provide the FAA with advance notice of all operations via NOTAMs as re quired by the applicable COA. In all cases, operation of the

EM

- UAS under the proposed conditions will be at least as safe as, or safer than, conventional rotorcraft operating with an airworthiness certificate

. Lastly, the EM

- UAS do not need a means

to com municate with other aircraft or ATC, because those capabilities will be solely possessed by the PIC and Observer, who are not onboard the EM

- UAS

. 8 In addition, no sense

- and

- avoid technology is necessary for the EM

- UAS because they will be operated at all times in VFR conditions and within VLOS of the PIC and Operator

. 9

B. 14 C.F.R. Part 27 Airworthiness Standards: Normal Category Rotorcraft

6 See e.g., Grant of Exemption No. 11184 to LowCountryRC, C orp. (FAA

- 2014

- 0803 at pg. 3): "The [DJI S1000] has the capability to operate safely after experiencing certain in

- flight contingencies or failures and uses an auto

pilot system to maintain UAS stability and control. The UAS is also able to respond to a lo ss of global positioning system (GPS) or a lost

- link event with a pre

- coordinated, predictable, automated flight maneuver, and manual flight control functionality as a backup. These safety features provide an equivalent level of safety compared to a manned aircraft performing a similar operation."

7 See e.g., Grant of Exemption No. 11184 to VDOS Global, LLC. (FAA

- 2014

- 0382 at pgs. 4

- 5): The EM

- UAS can be operated entirely by a touch

- screen, map

- based interface. This means the operator only needs to command the system where to go, and the system does all the flying for the operator. The EM

- UAS can be operated in both semi and fully autonomous flight modes, with the operator simply clicking on a map to create a pre

- planned flight path for a flight. In addition , the operator can create no fly zones or maximum flight ranges and altitudes so the system cannot enter areas deemed unsafe or unnecessary to fly over. The petitioner states further that the UAS has built

- in intelligent fault handling which allows the EM

- UAS to detect a system fault while in the air and automatically fly back to its takeoff location and land. Faults that can be detected include: loss of communication; exceeding pre

- set wind thresholds; and low battery levels.

All flight operations are glo bal positioning system (GPS) controlled, making the system easy to navigate. At any point if the operator is not explicitly commanding the system to move, the system automatically holds its GPS position. The flight control system employs not only GPS posit ioning but a variety of sensors including sonar, barometric pressure, temperature, wind speed and others to ensure stability so long as wind thresholds are not exceeded. Also a flight termination link

– to prevent a 'fly away' or other potentially dangerou s situation

– is available to the operator."

8 See Grant of Exemption No. 11062 to Astraeus Aerial (FAA

- 2014

- 0352 at pg. 13).

9 . IdU.S Department of Transportation

September 27

, 2015 Page 12

Title 14 C.F.R. Part 27 sets forth the procedural requirements for airworthiness certification of normal category rotor craft. To the extent that Elevated Media’s small EM

- UAS would otherwise require certification under Part 27, Petitioner seeks an exemption from Part 27's airworthiness standards for the same reasons identified in the request for exemption from 14 C.F.R. R. Part 21, Subpart H, supra

.

C. 14 C.F.R. §§ 91.9(c), 45.23(b) and 45.27(a): Aircraft Marking and Identification Requirements

Elevated Media seeks an exemption from the aircraft marking and identification requirements contained in 14 C.F.R. §§ 91.9(c), 45.23 (b) and 45.27(a).

● 14 C.F.R. § 91.9(c), Civil Aircraft Flight Manual, Marking and Placard requirements, provides that:

No person may operate a U.S.

- registered civil aircraft unless that aircraft is identified in accordance with Part 45 of this chapter.

● 14 C.F.R. § 45. 23(b), Markings of the Aircraft, states:

When marks include only the Roman capital letter "N" and the registration number is displayed on limited, restricted or light

- sport category aircraft or experimental or provisionally certificated aircraft, the oper ator must also display on that aircraft near each entrance to the cabin, cockpit, or pilot station, in letters not less than 2 inches nor more than 6 inches high, the words "limited," "restricted," "light

- sport, "experimental," or "provisional," as applica ble.

● 14 C.F.R. § 45.27(a), Rotorcraft, states:

Each operator of a rotorcraft must display on that rotorcraft horizontally on both surfaces of the cabin, fuselage, boom, or tail the marks required by § 45.23.

In a previous Grant of Exemption, the FAA determi ned that exemption from these requirements was warranted provided that the aircraft "have identification (N

- Number) markings in accordance with 14 C.F.R Part 45, Subpart C if the markings are as large as practicable." 10

Equivalent Level of Safety

All EM

- U AS flown by Elevated Media will bear N

- number markings that are as large as practicable in accordance with 14 C.F.R. Part 45, Subpart C. 11

10 FAA Docket No. FAA

- 2014

- 0352.

11 See, e.g., FAA Docket No. FAA

- 2014

- 0352, at 14.U.S Department of Transportation

September 27

, 2015 Page 13

D. 14 C.F.R. § 91.405(a), 91.407(a)(1), 91.409(a)(1) and (2); 91.417(a) and (b): Maintenance Inspections

Elevated Media seeks an exemption from the maintenance inspection requirements contained in 14 C.F.R. § 91.405(a), 91.407(a) (1), 91.409(a ) ( 2); 91.417(a) and (b). These regulations specify maintenance and inspection standards in reference to 14 C.F.R. Part 43. See, e.g ., 14 C.F.R. § 91.405(a) (stating that each owner or operator of an aircraft "[s]hall have the aircraft inspected as prescribed in subpart E of this part and shall between required inspections ...have discrepancies repaired as prescribed in part 43 of this c hapter"). An exemption from these regulations is needed because Part 43 and these sections only apply to aircraft with an airworthiness certificate, which

the UAS platforms to be operated under this grant of exemption will not have

. (Emphasis added)

Equi valent Level of Safety

An equivalent level of safety will be achieved or exceeded because maintenance and inspections

will be timely performed in accordance with the Manufacturer's Manual and any required manufacturer Safety or Service Bulletins. Further, as required by Elevated Media’s Operations Manuals, the PIC will conduct a pre

- flight inspection of the EM

- UAS and all associated equipment to account for all discrepancies and/or inoperable components. Maintenance will be performed and verified to addres s any conditions potentially affecting safe operation of the EM

UAS and no flights will occur unless, and until, all flight critical components of the EM

- UAS have been found to be airworthy and in a condition safe for operation. A functional test flight wi ll be conducted following the replacement of any flight

- critical components. As required by

Elevated Media’s Operations Manuals, the PIC who conducts the functional test flight will make an entry in the EM

- UAS aircraft records of the flight.

Elevated Medi a’s Operations Manual also includes requirements to follow the manufacturer’s UAS aircraft/component, maintenance, overhaul, replacement, inspection, and life limit requirements for the following applicable components: powertrain system (powerplant),

prope llers, avionics and control surfaces (including ailerons/elevons), structures & airframe, camera system, electrical systems (including batteries), ground control station, hazard accessories, and spare parts. Further, Elevated Media’s Operations Manuals als o include procedures to document and maintain a record of the EM

- UAS ’s maintenance, preventative maintenance, alterations, status of replacement /overhaul component parts, and the total time in

service of the EM

- UAS used under this Grant of Exemption. As a whole, the maintenance and inspection procedures required in Elevated Media’s Operations Manuals ensure that an equivalent or higher level of safety will be achieved.

PILOT

- IN

- COMMAND OF THE UAS

E. 14 C.F.R. § 61.113: Private Pilot Privileges and Limitatio ns Elevated Media seeks exemption from 14 CFR § 61.113, which restricts private pilot certificate holders from flying aircraft for compensation or hire, and would also require a second class medical certificate. The purpose of Part 61 is to ensure that the skill and competency of any PIC matches the airspace in which the PIC will be operating, as well as requiring certifications if the private pilot is carrying passengers or cargo for hire. In this case, while the EM

- UAS will be operated as part of a commer cial oper ation, they carr y neither passengers nor cargo. In the Grant of Exemption to Astraeus Aerial, the FAA determined that the unique characteristics of UASU.S Department of Transportation

September 27

, 2015 Page 14

operation outside of controlled airspace did not warrant the addition al cost and restrictions attendant with requiring the PIC to have a Commercial Pilot Certificate and Class II Medical

Certificate. 12 The fulfillment of the additional requirements for a private pilot to become qualified as a commercial pilot would not lead to any additional safety benefits when UAS operations are involved.

Equivalent Level of Safety

The restrictions Elevated Media has placed on its EM

- UAS operations meet or exceed the restrictions similarly imposed on Astraeus Aerial. Elevated Media will operate on private

prope rty away from persons and property not involved in the operation. Elevated Media will also obtain an ATO issued COA prior to conducting any operations under this Grant of Exemption. All operations will be conducted in accordance with airspace requirements in the ATO issued COA including class of airspace, altitude level and potential transponder requirements. A NOTAM will also be issued as required by the applicable COA.

In addition to these flight restrictions, Elevated Media will further ensure safe ope ration by requiring that any PIC be thoroughly versed not only in airspace and communication issues pertaining to all aircraft operators but also in the unique aspects of EM

- UAS flight. As set forth

in the Operations Manuals, pilots will have experience n ot only in EM

- UAS operations generally but have logged flight time in the specific make and model used for the operations before they are permitted to participate in commercial flights on behalf of Elevated Media . The pilot qualification, training, and cur rency requirements in the Operations Manuals ensure that

Elevated Media pilots are competent and proficient in the EM

- UAS they are operating. Elevated

Media’s training and qualification requirements are consistent with those contained in prior FAA

Section 333 Grants of Exemption, and will provide a higher level of competency and proficiency for its pilots and will ensure at least an equivalent level of safety to the public

.

OPERATING PARAMETERS OF THE UAS

F. 14 C.F.R. § 91.7(a): Civil Aircraft Airworthiness

I nasmuch as there will be no airworthiness certificate issued for the UAS, Elevated Media seeks an exemption from 14 C.F.R. § 91.7(a), which requires that a civil aircraft be in airworthy condition to be operated. The FAA has stated that no exemption is r equired for 14 C.F.R. § 91.7(a) to the extent that the requirements of Part 21 are waived or found inapplicable. 13 Accordingly, Petitioner requests that the requirements for § 91.7(a) be treated in accordance with

Section V (A), supra.

G. 14 C.F.R. § 91.9(b)( 2): Civil Aircraft Flight Manual in the Aircraft and 14 C.F.R. § 91.203(a) and (b): Carrying Civil Aircraft Certification and Registration

12 Exemption No. 11062 (FAA Docket No. FAA

- 2014

- 0352).

13 See Id. at 13

- 14, 22

.U.S Department of Transportation

September 27

, 2015 Page 15

Title 14 C.F.R. § 91.9(b) (2) and § 91.203(a) and (b) require the operator to carry airworthiness

documents and othe r aircraft manuals onboard the aircraft. Pursuant to 14 C.F.R. § 91.9(b) (2):

(b) No person may operate a U.S.

- registered civil aircraft

–

... (2) For which an Airplane or Rotorcraft Flight Manual is required by § 21.5 of this chapter, unless there is avai lable in the aircraft a current approved Airplane or Rotorcraft Flight Manual, approved manual material, markings, and placards, or any combination

thereof.

Pursuant to 14 C.F.R. § 91.203(a) and (b):

(a) Except as provided in § 91.715, no person may oper ate a civil aircraft unless it has within it the following:

(1) An appropriate and current airworthiness certificate...

(b) No person may operate a civil aircraft unless the airworthiness certificate required by paragraph (a) of this section or a special flight authorization issued under § 91.715 is displayed at the cabin or cockpit entrance so that it is legible to passengers or crew.

Given the small size and configuration of the EM

- UAS , it would be impossible to keep

airworthiness documents and other ai rcraft manuals on board the EM

- UAS because there is simply no room and the EM

- UAS has no cabin or cockpit. As a way to comply with the code

Elevated Media will maintain the documents with the PIC and make them available for inspection.

Equivalent Level o

f Safety

In an FAA Office of Chief Counsel's Opinion dated August 8, 2014, and prepared by Dean E. Griffith, Attorney, AGC

- 220, it was acknowledged that the intent of 14 C.F.R. 91.9(b) and 91.203(a) and (b) is met if the pilot of the unmanned aircraft has access to the UAS flight manual, registration certificate, and other required documents from the ground control station from which he or she is operating the aircraft. 14 As this FAA Office of Chief Counsel Opinion clarifies, the intent of the rule is to ensure the pilot has access to these key documents during flight. Therefore, an equivalent level of safety will be achieved by ensuring that the pilot has access to the documents at the ground control station from which he or she is piloting the UAS.

H. 1 4 C.F.R. § 91.103: Preflight Action

Elevated Media seeks an exemption from 14 C.F.R. § 91.103, which requires a PIC to become familiar with specific information before each flight, including information contained in the

FAA

- approved Flight Manual on board the aircraft. While the PIC will be familiar with all

14 Memorandum from Mark Bury, FAA Assistant Chief Counsel for International Law, Legislation and Regulation, to John Duncan, FAA Flight Standards Service (Aug. 8, 2014); see also Docket No. FAA

- 2014

- 0352 at 16

- 18.U.S Department of Transportation

September 27

, 2015 Page 16

information necessary to safely conduct the flight, an exemption is requested to the extent that an

FAA

- approved Flight Manual is required.

Equivalent Level of Safety

An equivalent level of safety wi ll be provided by following the Elevated Media’s Operations Manuals and the Manufacturer's Manual. The PIC will perform a series of checklists designed to identify any defects or inoperable components in accordance with the Elevated Media’s Operations Manu als, including checklists covering Pre

- Flight, Launch, Landing, and Post

- Flight procedures. The PIC will also be required to review weather, flight requirements, battery charge, landing and takeoff distance, UA performance data, and contingency landing are as

— before initiation of flight. Elevated Media’s Operations Manuals and the Manufacturer's Manual will be kept at the ground control station and will be accessible to the PIC at all times while operating

the UAS.

I. 14 C.F.R. § 91.109(a): Flight Instruct ion

Elevated Media seeks an exemption from 14 C.F.R. § 91.109(a), which provides in pertinent part that "[n]o person may operate a civil aircraft (except a manned free balloon) that is being used for flight instruction unless that aircraft has fully funct ioning dual controls." UAS and remotely piloted aircraft, by their design, do not have functional dual controls. Instead, flight control is accomplished through the use of a device that communicates with the aircraft via radio communications. Accordingly, an exemption will be required for the flight instruction requirements of 14 C.F.R. § 91.109(a).

Equivalent Level of Safety

Given the size and speed of the UAS that Elevated Media intends to use, an equivalent level of safe training can still be performed without dual controls because no pilot or passengers are aboard the UAS, and as required by the Elevated Media’s Operations Manuals, all persons will be a safe distance away in the event that the UAS experiences any difficulties during flight

instruction. Moreover, as required by the Elevated Media’s Operations Manuals, all flight training will be conducted in controlled and sterile environment. As a whole, the safety procedures provided for in Elevated Media’s Operations Manuals ensure that the proposed UAS operations provide an equivalent or higher level of safety than that provided by the flight instruction regulations.

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

Elevated Media requests an exemption from the minimum safe altitude requirements of 14 C.F.R. § 91.119(c). 15 Section 91. 119 prescribes the minimum safe altitudes under which aircraft may not operate, including 500 feet above the surface and away from any person, vessel, vehicle,

15 Reli ef from § 91.119(a) will not be necessary because Petitioner will be able to perform an emergency landing without undue hazard to persons or property on the ground in the event of a failure. Petitioner's proposed UAS operations will not occur over congeste d areas, and therefore an exemption from § 91.119(b) will not be necessary. See e.g., Grant of Exemption No. 11157 to Slugwear, Inc., dba Likeonatree Aerial (FAA

- 2014

- 0534 at 15).U.S Department of Transportation

September 27

, 2015 Page 17

or structure in non

- congested areas. See 14 C.F.R. § 91.119 (c). Section 91.119(d) allows for a helicopter to operate at less than those minimum altitudes when it can be operated "without hazard to persons or property on the surface," provided that "each person operating the helicopter complies with any routes or a ltitudes specifically prescribed for helicopters by the FAA."

An exemption is required because the proposed EM

- UAS operations will normally need to o c cur below 400 feet AGL. In circumstances where the EM

- UAS is used to inspect a structure whose height exc eeds 400 feet AGL, the EM

- UAS will not be operated more than 100 feet above the highest point on the structure, and within 50 feet horizontally of the structure. Add i tionally, due the nature of the proposed operations, the Pilot and/or Observers(s) may nee d to be less than 500 feet away from the EM

- UAS

.

Equivalent Level of Safety

Compared to flight operations with rotorcraft weighing far more than the maximum weights proposed herein, and given the lack of flammable fuel with the above noted UAS, any risk

a s sociated with these operations is far less than those which presently exist with conventional

ai r craft. An equivalent level of safety will be achieved given the size, weight, and speed of the

EM

- UAS , as well as the controlled location where the operation s will occur. In order to avoid any risk to manned aircraft, flight operations will be restricted to 400 feet AGL or below, or when inspecting a U.S. structure whose height exceeds 400 feet AGL, within 100 feet above the highest point on that structure and 50 feet horizontally of the structure.

As set forth in the Operations Manuals, the EM

- UAS will be operated in a restricted area, and all flights will be operated at a lateral distance of at least 500 feet from any nonparticipating persons, unless that pe rson is in a position where he or she is shielded from the EM

- UAS and any possible debris resulting from its failure. As required by the Operations Manuals, flights will be terminated if a nonparticipating person within 500 feet of the EM

- UAS leaves a shie lded position. Further, its operations will occur at least 500 feet away from vehicles or structures unless the property owner/controller timely has granted permission and the PIC has made a safety assessment of the risk of operating closer to those objec ts and, operations near the PIC or Observer will not present an undue hazard per § 91.119(a). Adherence to these restrictions in

Elevated Media’s Operations Manuals will ensure operations can be conducted without compromising public safety. 16

K. 14 C.F.R. § 91.121: Altimeter Settings

16 See e.g., Grant of Exemption No. 11138 to Douglas Trudeau (FAA

- 2014

- 0481 at 19): "If ba r riers or structures are present that can sufficiently protect nonparticipating persons from the UA or debris in the event of an accident, then the UA may operate closer than 500 feet to persons afforded such protection. The operator must als o 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. When conside r ing how to immediately cease operations, the primary concern is the safety of those nonparticipating persons. In add i tion, the FAA finds that operations may be conducted closer than 500 feet to vessels, vehicles and structures when the owner/controller of any such vessels, vehi cles or structures grants permission for the operation and the PIC makes a safety assessment of the risk of operating closer to those objects and determines that it does not pr e sent an undue

haz ard."U.S Department of Transportation

September 27

, 2015 Page 18

Elevated Media seeks an exemption from 14 C.F.R. § 91.121, which requires a person operating an aircraft to maintain cruising altitude or flight level by reference to an altimeter that is set to the elevation of the departure airport or barometric pressure. An exemption is required to the extent that the UAS do not have a barometric altimeter, but rather a GPS altitude read out.

Equivalent Level of Safety

The FAA has stated that an equivalent level of safety to the requireme nts of 14 C.F.R. §91.121 can be achieved in circumstances where: (1) the UAS will be operated below 400 feet AGL or

below 17 , (2) within VLOS, (3) where GPS based altitude information is relayed in real time to the operator at a ground

- based on

- screen displa y and, (4) where prior to each flight, a zero altitude initiation point is established for the PIC to confirm accuracy of the onboard GPS. 18

The EM

- UAS that Elevated Media intends to use for the proposed operations will meet all these operational character istics. Moreover, as required by Elevated Media’s Operations Manuals, the PIC will be required to calibrate the aircraft's GPS compass prior to each flight operation. Like prior FAA Section 333 Grants of Exemption, the EM

- UAS Elevated Media intends to use, and the safety mitigation procedures contained in the Operations Manuals, both ensure that an equivalent level of safety or greater level will be achieved, and a Grant of Exemption to the requirements of § 191.121 is therefore appropriate

.

L. 14 C.F.R. § 91 .151(a): Fuel Requirements for Flight in VFR Conditions

Elevated Media requests an exemption from 14 C.F.R. § 91.151(a)'s fuel requirements for flight

in VFR conditions. Section 91.151 states:

(a) No person may begin a flight in an airplane under VFR co nditions 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; or

(2) At night, to fly after that for at least 45 minutes.

Here, the technological limitations on UAS battery power means that no meaningful flight operations can be conducted while still maintaining a 30

- minute battery reserve. An exemption from the fuel requirements of 1 4 C.F.R. § 91.151(a) is therefore required. Moreover, it is not

Elevated Media’s intention to fly the EM

- UAS s at night.

Equivalent Level of Safety

In the Grant of Exemption to VDOS (Exemption No. 11112), the FAA determined that an equivalent level of sa fety to the fuel requirements for flight in VFR conditions could be achieved

17 If the height of the structure being inspected exceeds 400 feet AGL, the UAS will not be ope r ated more than 100 feet above the highest point on the structure.

18 See Grant of Exemption No. 11062 to Astraeus Aerial (FAA

- 2014

- 0352 at 21).U.S Department of Transportation

September 27

, 2015 Page 19

by prohibiting the PIC from beginning a EM

- UAS flight unless (considering wind and forecast weather conditions) there was enough power to fly to the first intended point of landin g and, assuming normal cruising speed, to fly after that for at least 10 minutes. In reaching this conclusion, the FAA considered that the UAS batteries for the EM

- UAS provide approximately 50 minutes of powered flight (with payload) and provided battery l evel and battery time remaining in minutes and seconds to the PIC. 19 The FAA also considered the fact the EM

- UAS operating manual states: “start every flight with a fully charged battery in the aerial vehicle”, and

that in the event that the EM

- UAS should r un low on power, the PIC will be alerted and can safely land the

- EM

- UAS as soon as possible. Like the VDOS Grant of Exemption, Elevated

Media’s use of the EM

- UAS , combined with the requirements of Petitioner's Operations Manuals, ensure that an equivalent level of safety can be achieved and in fact exceeded

.

Similarly, in the Grant of Exemption to Alan Purwin (Exemption No. 11161), the FAA determined that an equivalent level of safety to the fuel requirements for flight in VFR conditions

could be achieved by prohibiting the PIC from beginning a flight with the UA unless (considering wind and forecast weather conditions), there was enough power to safely fly at normal cruising speed to the intended landing point and land the UA with 25% battery power

remain ing. Elevated Media will adhere to this limitation for its EM

- UAS flights.

The EM

- UAS includes a low battery warning system and the amount of battery reserve power remaining is continuously transmitted to the PIC via telemetric data feed, which downlinks from

the EM

- UAS to a ground

- based

- on

- screen display. 20 As required by Elevated Media’s Operations Manuals, the PIC will promptly fly the EM

- UAS back to the home launch location or

pre

- det ermined abort location where it may safely land, while still maintai ning a minimum of 25% reserve battery power. Elevated Media submits that the procedures requiring flights to be safely terminated once the batteries fall below 25% capacity, combined with the requirement that flights only be conducted within a secure, isol ated area, using a UAS weighing less than 5 5 pounds, and within VLOS of the PIC and Observer(s), ensure that the proposed operation will provide an equivalent or higher level of safety to the public to that provided by the regulations from which exemption is sought

.

VI. DRUG AND ALCOHOL PROGRAM

Elevated Media will have policies in place to ensure that no person may participate in EM

- UAS flight operations if they are under the influence of alcohol or any drug.

VII. PUBLIC INTEREST

The public interest w ill be served by granting Elevated Media’s Petition for Exemption. Congress has established a national policy that favors early integration of UAS into the NAS in controlled, safe working environments such as those proposed in this Petition. Granting this

19 Grant of Exemption No. 11112 to VDOS Global, LLC (FAA

- 2014

- 0382 at 10).

20 The EM

- UAS ground control station displays, the UASs position, navigation route, tail number, altitude,

hea d ing, north seeking arrow, range to targets, calculated target position, date/time, and senso r heading and

orientation rel a tive to the UAS.U.S Department of Transportation

September 27

, 2015 Page 20

Petition for Exemption helps fulfill Congress' goal in passing Section 333(a) through (c) of the

Reform Act

— the FAA Administrator's assessment of whether certain UAS may operate safely in the NAS before completion of the statutorily required rulemaking.

T he proposed EM

- UAS operations in this Petition for Exemption significantly improve s the safety and reduce s risk of harm, physical injury and property damage to the public at large, the property owners from whom permission was granted for use by Petitioner and abutting properties, staff of Petitioner, unsuspecti n g passersby, inspecting engineers from relevant organizations and all those who may be in the local vicinity . Traditional methods of inspecting

and monitoring potential filming locations and relevant sites and facilities requires location personnel to climb towers

, trees, venture onto precarious roofs and other dangerous scenarios

, perform elevated work for which the individual is neither trained n or equipped to perform , which exposes them to unneces sary risk of serious physical injury from dangerous falls or other physical mishaps

. Moreover, inspectors/surv eyors are often unnecessarily exposed to hazardous conditions, unsafe environments, culturally tense situations and other hazards associated with identifying specific locations for potential recording sites to be used in film or TV production. The use of small UASs can eliminate these hazards and ultimately creating a much safer method of performing these types of inspections creating a safer envir onment for the public as well as

Elevated Media employees.

The use of small UAS also enhances safety and reduces risk to the surrounding public because, unlike manned aircraft weighing thousands of pounds, carrying crew in addition to flammable

fue l, the UAS carry no passengers, crew or explosive fuel . Further more , in the unlikely event of an accident, Elevated Media’s small battery powered EM

- UAS presents significantly less danger

to persons on the ground when compared to operations by conventional manned aircraft. 21 As

Petitioner's EM

- UAS are battery powered, the public will also benefit from a reduction in

harmful petroleum emissions associated with conventional aircraft performing in the same functions proposed herein. Air quality will naturally be impr oved with the reduction of fuel powered vehicles.

Lastly, as recognized by the FAA in prior Section 333 Grants of Exemption to filmmakers, UAS provide an additional economic tool for the aerial filming notwithstanding the industry, adding a greater degr ee of flexibility, which supplements the current capabilities offered by manned

aircraft. 22 The quality of the finished product is enhanced and provides a greater finished product demand which will aid the current UAS industry and provide additional jobs a s the cost of providing the needed product is greatly reduced while reducing the difficulty with which the finished product is created . The demand for the current industrial product is increasing and will continue to increase given the enhanced flexibilit y of production ; therefore, given the lower cost,

21 See Grant of Exemption No. 11158 to Team 5, LLC (FAA

- 2014

- 0783 at 12): "Manned helicopters conducting aerial filming can weigh 6,000 pounds or more and are operated by an onboard pilot, in addition to other onboard crewmembers, as necessary. The petitioner’s UAs will weigh less than 55 pounds with no onboard pilot or crew. The pilot and crew will be remotely located from the aircraft. The limited weight significantly reduces the potential for harm to particip ating and nonparticipating individuals or property in the event of an incident or accident. Risk to an onboard pilot and crew during an incident or accident is eliminated with the use of a UA for the aerial filming operation."

22 See e.g., Grant of Exempti on No. 11178 to Picture Factory, Inc. (FAA

- 2014

- 0794 at 18).U.S Department of Transportation

September 27

, 2015 Page 21

owner/operators and others in the relevant industry will be more inclined to utilize the services of

commercial UAS along with a n appropriate licensed PIC’s

.

VIII. PRIVACY

All EM

- UAS operations will be conducted in accordance with applicable federal, state, and local laws regarding privacy. All operations shall be conducted over private or controlled

- access property with permission from the land owner/controller or authorized representative. Permission

f rom land owner/controller or authorized representative will be obtained for each flight to be

conducted.

IX. FEDERAL REGISTER SUMMARY

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: Petitioner seeks an exemption from the following rules in Title 14 of the Code of Federal Regulations:

Part 21, Subpart H; Part 27; 45.23(b); 45.27(a); 61.113; 91.7(a); 91.9(b)(2); 91.9(c); 91.103; 91.109(a); 91.119( c); 91.121; 91.151(a); 91.203 (a) & (b); 91.405(a); 91.407(a ) ( 1); 91.409(a ) ( 1) & (2); 91.417 (a) & (b).

The exemption will enhance safety by reducing risk to the aircraft crew, production crew, general public, property owners and city structures from th e substantial hazards associated with performing equivalent film work and aerial video production with conventional fixed

- wing aircraft, rotorcraft, or other methods.

X. CONCLUSION

Elevated Media’s Petition for Exemption satisfies the criteria articulat ed in Section 333 of the Reform Act of 2012 including weight, speed, operating capabilities, proximity to airports and populated areas, operation within VLOS and national security. The proposed EM

- UAS operations will benefit the public as a whole by improv ing safety and reducing risk by alleviating human exposure to danger while lowering the attendant related costs thereby increasing the demand for the finished product. In consideration of the foregoing, this Petition for Exemption provides the FAA with mor e than adequate justification for granting the requested exemptions allowing Elevated Media to use small EM

- UAS in the recorded production of its product.U.S Department of Transportation

September 27

, 2015 Page 22

We thank you for your prompt consideration of our requested exemptions.

Respectfully S ubmitted,

Trevor Thompson

Elevated Media Productions

3717 E. Thousand Oaks Blvd. Westlake Village, CA 91362

Phone: 805

- 4 27

- 2282

Email: Trevor@ElevatedMediaProductions.com

(The following attached items contain proprietary and commercial information exempt from disclosure under the Freedom of Information Act, 5 U.S.C. § 522 et seq., and should be held in a separate file pursuant to 14 C.F.R. § 11.35(b)).

Attachments: 1. General Operations Manual 2. PIC Operating Manual 3. Company Protocols

4. Locatio n Protocols 5. Flight Communications Protocols 6. Departing Location Protocols

7. Transmitter Protocols 8. Preflight Checklist 9. Post Flight Checklist 10. Equipment Checklist

11. UAS Manufacturer’s Manuals

a. User Manuals

b. UAS Maintenance Manuals