August 20, 2015

United States Department of Transportation

Docket Management System

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 

Aviation Regulations (FARs) listed below so that Elevated Home Tours Photography 

may operate UASs commercially 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 by the FAA as required by section 333.

Elevated Home Tours LLC, is owned and operated by Bryan Bowen, who is a

professional pilot with an Airline Transport Pilot license with over 5000 hours operating 

commercially. All UAV operations will be in accordance with operating procedures

established by the FAA. Elevated Home Tours LLC operates or may operate the 

following UAS aircraft: DJI Phantom 2 and 3, DJI Inspire 1 and DJI S1000.

The Name and address of the applicant is:

Elevated Home 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

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.

Elevated Home Tours respectfully requests the grant of an exemption to the 

following specific sections of the Title 14 Code of federal Regulations allowing it to 

operate lightweight UASs 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 any currently applicable FARs operating to 

prevent Elevated Home Tours’ future commercial use of small UASs to operate in the 

national airspace system as described below. The Reform Act Section 332 provides for 

such integration of civil unmanned aircraft systems into our national airspace system as it 

is in the public's interest to do so. Elevated Home Tours’ lightweight UASs meet the 

definition of "small unmanned aircraft" as defined in section 331 and therefore the 

integration of Elevated Home Tours’ lightweight UASs are expressly contemplated 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 systems may operate safely in the national airspace system (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 to national 

security 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 safely in 

the National Airspace System, the Secretary shall establish requirements for the safe 

operation of such aircraft in the National Airspace System."

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 system 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 

safety in which Congress envisioned that the FAA must, by exemption allow commercial 

operations of UASs to commence immediately. Also due to the size of the UASs and the 

areas and altitudes they will operate, approval of the exemption presents no national 

security 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 safety surrounding the proposed operations, the significant public 
benefit, including enhanced safety, reduced emissions from utilizing UASs verses

traditional aircraft as well as the economic impact of greatly reducing the cost of aerial 

photography thereby benefiting the greater public's interest. Accordingly, 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 in line-of-sight by a ground-based pilot

2. Flights will only occur in the daytime 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 remaining

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 rating 

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

Responsibility. 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 and 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 Elevated 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 

requirement 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 by 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 by

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 Action

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 any 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 Instruction; Simulated instrument 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 by 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 gyroscopes 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 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; or (2) At night, to fly after that for at least 45 minutes"

The battery powering the UAS provides approximately 25 minutes of

powered flight, which is less than the reserve requirement alone by FARs 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 equivalent 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

Exemptions 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, cockpit 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, 10167A, 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 safety 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 55lbs, 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 

aircraft 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 its flight worthiness prior to launch. Each UAS is flown in 

compliance with the applicable manufacture’s manual to include all software 

update cycles as well as flight checklists. In the event of a malfunction the UAS 

can land immediately.

Privacy

All flights will occur over private or controlled access property with the

property 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).

Approval of the above exemptions allowing commercial operations of small

UASs in the service of aerial photography will greatly enhance safety by reducing the 

overall risk associated with traditional aircraft. Traditional aerial photography requires 

large aircraft weighing thousands of pounds and carrying hundreds of pounds of fuel 

presenting a significant risk to life and property. With Elevated Home Tours’ use of small 

UASs weighing less than 55 lbs, powered by batteries and operating at or below 400 

AGL they virtually eliminate all of the risk associated with traditional aerial photography. 

The UASs will carry no people thereby eliminating the exposure to the risks associated 

with flying while accomplishing the same task in a much safer manner.

Elevated Home Tours LLC respectfully 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").

Sincerely,

Bryan Bowen

Elevated Home Tours LLC

2443 NW North Albany Rd

Albany, Oregon 97321