August 20, 2015

United States Department of Transportation Docket Management Sy stem 1200 New Jersey Ave , SE West Building Ground Floor Room W12

- 140 Washington, DC 20590 Re: Exemption Request Pursuant to Section 333 of the FAA Reform Act of 2012

Dear Sir or Madam:
Pursuant to Section 333 of the FAA Modernization and Reform Act of 2012 (the Reform Act) and C.F.R. Part 11, Elevated Home Tours LLC, owner and operator of Small Unmanned Aircraft Systems (UASs), request to be exempted from the Federal Aviat ion Regulations (FARs) l isted below so that Elevated Home Tours Photograph y may operate UASs commerciall y in airspace regulated by the Federal Aviation Administration; as long as such operations are conducted within and under the conditions outlined herein or as may be established b y the FAA as required b y section 333. Elevated Home Tours LLC, is owned and operated by Bryan Bowen , who is a professional p ilot with an Airl ine Transport Pilot license with over 5000 hours operating commerciall y. All UAV operat ions will be in ac cordance with operating p rocedures established by

the FAA. Elevated Home Tours LLC operates or may operate the following UAS aircraft: DJIPhantom 2 and 3, DJI Inspire 1 and DJ I S1000. The Name and address of the applicant is: Elevated H ome Tours , LLC Attn: Bryan Bowen Phone: (541) 840

- 7400 Email: elevatedhometours@gmail.com Address: 2443 NW North Albany Road, Albany , Oregon 97321

As described below, the requested exemption would permit the operation of lightweight (less than 55 lbs total take off gross weight) UASs under controlled conditions for commercial use by professional certificated pilots thereby enhancing safet y and fulfill the Secretary of Transportation's (the FAA Administrator's) responsibilities to " establish requirement s for the safe operation of such aircraft sy stems in the national airspace s ys tem." Section 333(c) of the Reform Act.
Elevated Home Tours respectfully requests the grant of an exemption to the following specific sections of the Title 14 Code of federal Re gulations allowing it to operate lightweight UAS s for commercial use: 14 CFR 21, subpart H, 14 CFR 45.23(b), 14 CFR 91.7(a), 91.9 (b)(2), 91.103(b), 91.109, 91.119, 91.121, 91.151(a), 91.203(a) &(b), 91.405(a),91.407(a)(1), 91.409(a)(2), 91.417(a) &(b).
Elevated Home Tours submits this application in accordance with the Reform Act, 112 P.L . 95 331

- 334, seeking relief from an y currentl y applicable FAR s operating to pr event Elevated Home Tours’ future commercial use of small UASs to operate in the national airspace s ys tem as described below. The Reform Act Section 332 provides for such integration of civil unmanned aircraft s ys tems into our national airspace s ys tem as it is in the public 's interest to do so. Elevated Home Tours’ lightweight UASs meet the de finition of "small unmanned aircraft" as defined in section 331 and therefore the integration of Elevated Home Tours’ lightweight UASs are expressl y co ntemplated by the Reform Act. Elevated Home Tours would like to operate its lightweight UASs prior to the time period by which the Reform Act requires the FAA to promulgate rules governing such aircraft. The Reform Act directs the Secretary of Transportation to consider whether certain unmanned aircraft s ys tems may operate safel y in the national airspace s ys tem (NAS) before completion of the rulemaking required under Section 332 of the Reform Act. In making this determination, the Secretary is required to determine which types of UASs do not create a hazard to users of the NAS or the public or pose a threat t o national securit y in light of the following: • The UAS's size, weight, speed and operational capability • Operation of the UAS in close proximity to airports and populated areas • Operation of the UAS within visual line of sight of the operator
Reform Act 333 (a). If the secretary determines that such vehicles "may operate safel y in the National Airspace S ystem, the Secretary shall establish requirements for the safe operation of such aircraft in the National Airspace Sy stem."
Elevated Home Tours’ UASs are rotorcraft weighing less than 55 pounds including payload. They

operate at a speed of less than 50 knots and have the capability to hover and move in the vertical and horizontal plane simultaneously

. They also contain onboard telemetry

indicating altitude speed and distance from the ground and operator. The UAS will operate only within the line of sight of the pilot within a protected flight area as described below. Such operations will insure that the UASs will not create a hazard to the users of the national airspace s ys tem or the public. The very small nature of the UASs utilized by Elevated Home Tours combined with the safety protocols outlined below will allow for a greater than equivalent level of safet y in which Congress envisioned that the FAA must, by exemption allow commercial operations of UASs to commence immediatel y. Also due to the size of the UASs and the areas and altitudes they

will operate, approval of the exemption presents no national securit y issue and absolutely minimal safety concerns which have been mitigated through a rigorous risk management process. Given the clear direction given in Section 333 of the Reform Act, the authority contained in the Federal Aviation Act, as amended; the strong equivalent level of safet y surroun ding the proposed operations, the significant publicbenefit, including enhanced safety, reduc ed emissions from utilizing UASs verses

traditional aircraft as well as the economic impact of greatl y reducing the cost of aerial photograph y thereb y benefiting the greater public's interest. Accordingl y, the applicant requests that the FAA grant the requested exemption without delay

. The following limitations are considered to be binding for the operation of UASs for commercial purposes by Elevated Home Tours : 1. Flights will be operated i n line

- of

- sight b y a ground

- based pilot 2. Flights will only

occur in the day

time and clear of clouds 3. The UASs will weigh less than 55lbs at take off and during flight 4. Flights will be terminated with 25% of battery life r emaining 5. Flights will be operated at an altitude at or below 400' AGL 6. Pilots, camera operators and observers will be trained IAW the applicable portion of the UAS's manual. 7. Minimum UAS crew will be one certificated Commercial pilot or higher ratin g with a current FAA medical. A camera operator and or observer may be added as required to further reduce the possibility of task saturation by

the pilot depending on the mission requirements. 8. Pilot, observer and camera operator will maintain real time communication capability throughout flight operations. 9. The UAS Pilot will conduct a full site survey to determine the Area of R esponsibility . Each survey will include the assessment of potential hazards to include but not limited to airspace classification, NOTAMS, temporary flight restrictions, closest airport proximity , natural and manmade obstacles, and unnecessary

persons which may

pose a risk to operations or safety. If deemed necessary , the crew will employ additional personal as safety observers. 10 . Written and or verbal permission from the relevant property owners will be obtained prior to flight. 11 . If the UAS loses communications or loses its GPS signal, the UAS will have the capability

to return to a pre

- determined location within the AOR an d land autonomously

. 12 . The UAS will have the ability to abort a flight in case of unpredicted obstacles or emergencies. **14 C.F.R Part 21 Subpart H: Airworthiness Certificates 14 C.F.R. 91.7(a), 91.203 (a)(1)**  Subpart H, entitled Airworthiness Certificates, sets forth requirements for procurement of necessary airworthiness certificates in relation to FAR 91.203(a)(1). The size, weight and defined area of operations for Elevated Home Tours UAS flights permits exemption from Part 21 because Elevat ed Home Tours meets an equivalent level of safety pursuant to Section 333 of the Reform Act. The FAA is authorized to exempt aircraft from the airworthiness certificate requireme nt under both the ACT (49 U.S. C.44701 ( f)) and Section 333 of the Reform Act. Both pieces of legislation permit the FAA to exempt UASs from the airworthiness certificate requirement in consideration of weight, size, speed,maneuverability and proximity

to areas such as airports and dense populations. Elevated Home Tours meets or exceeds each of these elements. 14 C.F.R. 91.203 (a &b) provides for carrying of civil aircraft certifications and registrations. They are inapplicable for the same reasons stated above. The equivalent level of safety will be achieved b y maintaining such certifications and registrations at Elevated Home Tours flight operations center. 14 C.F.R. 91.7(a) prohibits the operation of an aircraft without an airworthiness certificate. As no such certificate will be applicable in the form contemplated by the FARs , this regulation is inapplicable. **14 C.F.R. 91.9(b)(2) Civil Aircraft Flight Manual in the Aircraft**

14 C.F.R. 91.9(b)(2) requires an aircraft flight manual in the aircraft. As there are no pilots or passengers, and given the size of the UASs, this regulation is inapplicable. An equivalent level of safety will be achieved b y maintaining an operators manual at the flight operations center. The FAA has previously

issued exemptions to this regulation in Exemption Nos. 8607, 8737, 8738, 9299, 9299A, 9565 , 9565B, 10167, 10167A, 10602, 10700 and 32827. **14 C.F.R. 91.103(b) Preflight A ction** 

14 C.F.R. 91.103 Each pilot in command shall, before beginning a flight, become familiar with all available information concerning that flight. This information must include: (b) For an y flight, runway lengths at airports of intended use, and the following takeoff and landing distance information. This subparagraph is not applicable due to our off airfield operations. **14 C.F.R. 91.109 Flight I nstruction; Simulated ins**  **trument flight and certain Flight**  **tests.** 14 C.F.R. 91.109 and all the subparagraphs address the operation of a civil manned aircraft in conjunction with training and flight tests. The UAS to be employed b y Elevated Home Tours are not designated in this category

. **14 C.F.R. 91.121 Altimeter Settings**

14 C.F.R. 91.121 regarding altimeter settings is inapplicable because Elevated Home Tours UASs utilize GPS systems and internal gy roscopes to provide spatial stability

and a reference datum.

**14 C.F.R. 91.151 Fuel Requirements for Flight in VFR Conditions** 

14 C.F.R. 91.151 prohibits an individual from beginning a "flight in anairplane 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 fl y after that for at least 30 minutes; or (2) At night, to fly after that for at least 45 minutes" The battery

powering the UAS provides approximately 25 minutes of powered fl ight, which is less than the reserve requirement alone b y F ARs for day or night VFR flight. Given the limitations on the UAS's flight envelope, proposed AOR size, battery

life and its ability

to land immediately

it is reasonable to allow an exception. An e quivalent level of safety can be achieved by

limiting flights to 25% of battery power. This restriction would be more than adequate to return the UAS to its planned landing zone in the AOR. Similar exemptions have been granted to other operations, including E xemptions 2689F, 5745, 10673 and 10808. **14 C.F.R. 45.23 Marking of the Aircraft**

Applicable Codes of Federal regulations require aircraft to be marked according to certain specifications. Elevated Home Tours UASs are unmanned; do not have a cabin, cock pit or pilot station on which to mark certain words or phrases. Further, two

- inch lettering is impractical to place on such small aircraft. The FAA has previously

issued exemptions to this regulation through Exemptions Nos. 8738, 10167, 10167 A, and 10700.
**14 C.F.R. 91.119 Minimum Safe Altitudes**

14 C.F.R. 91.119 prescribes safe altitudes for the operation of civil aircraft. It allows helicopters to be operated at lower altitudes in certain conditions. Elevated Home Tours will only operate its UASs at or below 400 AGL. Elevated Home Tours will operate its UASs in a defined AOR that has been carefully reviewed for hazards and minimizes the presence of any persons not essential for operations. Flights will only be conducted over private property with consent of the property owner. The equivalent level of safet y will be achieved given the size, weight and speed of the UAS as well as the location where it is operated. Compared to flight operations with traditional aircraft or rotorcraft weighing far more than 5 5lbs, operating below 500 AGL , with flammable fuel , UAS operations present a far smaller risk. **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 the ai rcraft inspected as prescribed in subpart E of this part and shall between required inspections, except as prescribed 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. These regulations only

apply to aircraft with an airworthiness certificate.They will not, therefore, apply to Elevated Home Tours should its requested exemption be granted. As an equivalent level of safety Elevated Home Tours requires its pilots to conduct a preflight, through flight and post flight inspection of the UAS to ensure it s flight worthiness prior to launch. Each UAS is flown in compliance with the applicable manufacture ’ s manual to include all s oftware update cycles as well as flight checklists. In the event of a malfunction the UAS can land immediatel y. **Privacy** All flights will occur over private or controlled access property with the propert y owner's prior consent and knowledge. **Summary**
Elevated Home Tours is seeking exemption from the following rules: 14 CFR 21, subpart H, 14 CFR 45.23(b), 14 CFR 91.7(a), 91.9 (b)(2), 91.103(b), 91.109, 91.119, 91.121, 91.151(a), 91.203(a)&(b), 91.405(a), 91.407(a)(1), 91.409(a)(2), 91.417(a)&(b). Appro val of the above exemptions allowing commercial operations of small UASs in the service of aerial photograph y will greatly enhance safety b y reducing the overall risk associated with traditional aircraft. Traditional aerial photography requires large aircraft weighing thousands of pounds and carrying hundreds of pound s of fuel presenting a significant risk to life and property. With Elevated Home Tours’ use of small UASs weighing less than 55 lbs, powered b y batteries and operating at or below 400 AGL they virtuall y eliminate all of the risk associated with traditional aerial photograph y. The UASs will carry

no people thereb y eliminating the exposure to the risks associated with flying while accomplishing the same task in a much safer manner.
Elevated Home Tours LLC respectfull y requests that the FAA grant its exception without delay . The FAA has the authority to issue the exemption sought by Elevated Home Tours LLC pursuant to the Federal Aviation Act, 85 P.L. 726 (1958), as amended (the "Act" ).
Sincerel y,
Bryan Bowen Elevated Home Tours LLC 2443 NW North Albany

Rd Albany , Oregon 97321