March 8, 2016

U.S. Department of Transportation 

Docket Management System

1200 New Jersey Ave., SE 

Washington, DC 20590

Re: Petition of Elevated Analytics, LLC. for Grant of Exemption Pursuant to Section 

333 of the FAA Modernization and Reform Act of 2012

To Whom it May Concern:

Pursuant to Section 333 of the FAA Modernization and Reform Act of 2012 (Reform 

Act) and 14 C.F.R. Part 11, Elevated Analytics, LLC. (Elevated Analytics) hereby applies for a

Grant of Exemption from the Federal Aviation Regulations (FARs) identified below, to operate

small unmanned aerial vehicles (i.e., small unmanned aircraft systems or UAS) for the purpose

of conducting aerial data collection in support of industrial infrastructure inspection and 

maintenance activities, precision agriculture, public entity support operations, wildlife and forestry 

monitoring, aerial surveying, construction site inspection and monitoring, bridge inspections, 

utility-power generation system inspections and patrolling, pipeline inspections and patrolling, 

structural assessment of tall structures such as, but not limited to, wind turbines, communications 

towers, and flare stacks, as well as aerial photography and videography for both commercial and 

residential real estate marketing and event photography/videography, training to persons 

individually or belonging to both private and public organizations to increase awareness and 

improve safety for current and future UAS operations within the NAS.

Elevated Analytics respectfully submits that this Petition for Exemption qualifies for

expedited approval, as the Federal Aviation Administration (FAA) has previously issued grants

of exemption in circumstances similar in all material respects to those presented herein.

In addition to this Petition for Exemption, Elevated Analytics will also submit the

following operating documents under separate cover:

 Elevated Analytics Operations Manual

Elevated Analytics submits this manual as confidential documents under separate cover 

pursuant to 14 C.F.R. § 11.35(b), as the manual contains confidential commercial and proprietary 

information that is not generally made available to the public. As a result, the information is also 

protected from release under the Freedom of Information Act, 5 U.S.C. § 552 et seq.
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Page 2 

For your convenience, this Petition is organized as follows:

TABLE OF CONTENTS

Page

I. BACKGROUND & DESCRIPTION OF PETITIONER ....................................................................3

II. DESCRIPTION OF PROPOSED OPERATION...............................................................................3

III. RELEVANT STATUTORY AUTHORITY ....................................................................................9

IV. ELEVATED ANALYTICS' PROPOSED UAS OPERATIONS MEET THE REQUIREMENTS OF

SECTION 333 OF THE REFORM ACT ......................................................................................9

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

Operational Capability ............................................................................................9

B. Approval is Warranted Based on the Operational Restrictions in Elevated Analytics

Operating Documents .....................................................................10

V. REGULATIONS FROM WHICH EXEMPTION IS SOUGHT.........................................................11

A. 91.9(c), 45.23(b) and 45.27(a): Aircraft Marking and Identification

Requirements ........................................................................................................11

B. 91.405(a), 91.407(a)(1), 91.409(a)(1) and (2); 91.417(a) and (b):

Maintenance Inspections .......................................................................................12

C. 61.23(a) and (c), 61.113, 61.101(e)(4) and (5), 61.315: Private,

Recreational and Sport Pilot Medical Certificate, Privileges and

Limitations ............................................................................................................13

D. 91.7(a): Civil Aircraft Airworthiness ....................................................................13

E. 91.9(b)(2): Civil Aircraft Flight Manual in the Aircraft and 91.203(a) and

(b): Carrying Civil Aircraft Certification and Registration ...................................14

F. 91.103: Preflight Action ........................................................................................15

G. 91.109(a): Flight Instruction .................................................................................15

H. 91.119(c): Minimum Safe Altitudes Over Other Than Congested Areas .............15

I. 91.121: Altimeter Settings ....................................................................................16

J. 91.151(a): Fuel Requirements for Flight in VFR Conditions ...............................17

VI. DRUG AND ALCOHOL PROGRAM .........................................................................................17

VII. PUBLIC INTEREST................................................................................................................17

VIII. PRIVACY .............................................................................................................................18

IX. FEDERAL REGISTER SUMMARY...........................................................................................18

X. CONCLUSION.......................................................................................................................18
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I. BACKGROUND & DESCRIPTION OF PETITIONER

Elevated Analytics, LLC. is a tech startup from experts in the Chemical and Mechanical 

Engineering fields. Using small unmanned aerial vehicles (sUAVs) to provide clean, lessexpensive, and reliable methods of transporting state-of-the-art sensor and recording equipment to 

hard-to-reach and even dangerous locations. Our patented sensors, accompanied with state-of-theart retrieval methods, provide real time, instant data of emissions and provide high-resolution 

pictures and videos. Utilizing these methods, companies improve their products or facilities to 

exceed high goals of environmental stewardship.

Elevated Analytics collects aerial data using state of the art photography and sensor 

equipment and a remote controlled multirotor UAS. This system is both safer and more 

economical than performing the same work by either sending a man aloft or using a helicopter 

or fixed wing aircraft.

In accordance with 14 C.F.R. § 11.81(a), Elevated Analytics provides the following 

information in support of its Petition for Exemption.

The contact information for Petitioner is as follows: 

Zach Smith

Elevated Analytics, LLC.

P.O. Box 1926

Owasso, OK 74055

(918) 513-2550

Email: zsmith@elevatedanalytic.com

II. DESCRIPTION OF PROPOSED OPERATION

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

commercially operate the following sUAV/UAS makes and models:

DJI Phantom 3, DJI Inspire 1, DJI Spreading Wings S900, DJI Spreading Wings S1000, and 

DJI Matrice 100

Elevated Analytics is committed to maintaining the highest standards of flight safety,

and will utilize its knowledge and experience gained conducting industrial testing and flight of 

fixed-wing aircraft to ensure the safe operation of all aircraft. As part of its commitment to 

safety and innovation, Elevated Analytics is asking for this exemption, in part, to reduce 

the risk of injury to its employees and contractors who participate in the proposed activities 

the petitioner requests, including, but not limited to: damage to agriculture, natural habitat, 

buildings and other structures within the United States. All UAS operations will be performed

in accordance with the accompanying Elevated Analytics operating documents, and in 

accordance with the requirements of an applicable COA. The Petitioner proposes that the 

exemption requested herein apply to civil aircraft that have the characteristics and that operate with 
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the limitations listed herein. These limitations provide for at least an equivalent or even higher 

level of safety to operations under the current regulatory structure because the proposed operations 

represent a safety enhancement to the operations conducted with conventional aircraft or with 

humans climbing up and around structures. These conditions are drawn from Exemptions 11136, 

11138, 11172, 11174 and 11177, 11062, 11109, 11112, and 11213 and as recent as 11857.

These limitations and conditions to which Elevated Analytics (referred to as “Operator”) agrees to 

be bound when conducting commercial operations under an FAA issued exemption include:

1. Operations authorized by this grant of exemption are limited to the aircraft listed 

previously, which is a multirotor weighing up to 55 pounds. Proposed operations 

of any other aircraft will require a new petition or a petition to amend this grant.

2. The UA may not be flown at an indicated airspeed exceeding 30 mph (10 mph 

during inspections).

3. The UA must be operated at an altitude of no more than 400 feet above ground 

level (AGL), as indicated by the procedures specified in the Operator’s manual. All 

altitudes reported to ATC must be in feet AGL.

4. The UA must be operated within visual line of sight (VLOS) of the Aircraft 

Operator at all times. This requires the Aircraft Operator to be able to use human 

vision unaided by any device other than corrective lenses.

5. The Exemption Holder’s manuals must be amended to include all conditions and 

limitations required by the FAA. The manuals must be maintained and made 

available to the Administrator upon request. If a discrepancy exists between the 

conditions and limitations in the exemption and the procedures outlined in the 

Exemption Holder’s Operator’s manual, the conditions and limitations in the 

exemption take precedence and must be followed. Otherwise, the Aircraft Operator 

must follow the procedures as outlined in its Aircraft’s manual. The Exemption 

Holder may update or revise its manuals. It is the Exemption Holder’s responsibility 

to track such revisions and present updated and revised documents to the 

Administrator upon request. The Exemption Holder must also present updated and 

revised documents if it petitions for an extension or amendment of this exemption. 

If the Exemption Holder determines that any update or revision would affect the 

basis upon which the FAA granted this exemption, then the Exemption Holder must 

petition for amendment to its exemption.

6. Prior to each flight, the Aircraft Operator must inspect the UAS to ensure it is in a 

condition for safe flight. If the inspection reveals a condition that affects the safe 

operation of the UAS, the aircraft is prohibited from operating until the necessary

maintenance has been performed, and the UAS is found to be in a condition for 

safe flight. The Ground Control Station must be included in the preflight 

inspection. All maintenance and alterations must be properly documented in the 

aircraft records.
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7. Any UAS that has undergone maintenance or alterations that affect the UAS 

operation or flight characteristics, e.g., replacement of a flight critical component, 

must undergo a functional test flight in accordance with the Exemption holder’s 

Manuals. The Aircraft Operator who conducts the functional test flight must make 

an entry in the UAS aircraft records of the flight. The requirements and procedures 

for a functional test flight and aircraft record entry must be added to the Exemption 

Holder’s Operator’s manual.

8. The Exemption Holder must follow the manufacturer’s UAS aircraft/component, 

maintenance, overhaul, replacement, inspection, and life limit requirements, with 

particular attention to flight critical components that may not be addressed in the 

manufacturer’s manuals.

9. The Exemption Holder must carry out its maintenance, inspections, and record 

keeping requirements in accordance with the Operator’s Manuals. Maintenance, 

inspection, and alterations must be noted in the aircraft logbook, including total 

flight hours, description of work accomplished, and the signature of the authorized 

technician returning the UAS to service.

10. The authorized technicians must receive and document training referenced in the 

Exemption Holder’s Manuals.

11. Each UAS operated under this exemption must comply with all manufacturer 

System and Safety Bulletins.

12. The Exemption Holder’s maintenance personnel must make a record entry in the 

UAS logbook or equivalent document of the corrective action taken against 

discrepancies discovered between inspections.

13. Prior to commencing operations, the Aircraft Operator shall have logged at least 20

hours of total time as a UA rotorcraft pilot with the same or similar equipment to 

that is operated by E.A.

14. If the UAS loses communications or loses its GPS signal, the UA must return to a 

pre-determined location within the private or controlled-access property and land 

or be recovered in accordance with the Exemption Holder’s Manuals.

15. The Aircraft Operator must abort the flight in the event of unpredicted obstacles or 

emergencies, including unauthorized people entering the flight area, in accordance 

with the Exemption Holder’s Manuals.

16. The PIC will ensure that the batteries of the sUAS have sufficient power to perform 

the desired flight and safely return to the home position and land with 25% power 

remaining.

17. All aircraft operated in accordance with the exemption must be identified by serial 

number, registered in accordance with 14 CFR part 47, and have identification (N-
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Number) markings in accordance with 14 CFR part 45, Subpart C. Markings must 

be as large as practicable.

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

control of the UA must comply with the Federal Communications Commission 

(FCC) or other appropriate government oversight agency requirements.

19. The documents required under 14 CFR 91.9 and 91.203 must be available to the 

Operator at the Ground Control Station of the UAS any time the aircraft is 

operating. These documents must be made available to the Administrator or any 

law enforcement official upon request.

20. The UA must remain clear and yield the right of way to all other manned 

operations and activities at all times (including, but not limited to: ultra-light 

vehicles, parachute activities, parasailing activities, hang gliders, etc.). 

21. The UA may not be operated by the Aircraft Operator from any moving device or 

vehicle.

22. UAS operations may not be conducted during night, as defined in 14 CFR 1.1.

23. All operations must be conducted under visual meteorological conditions (VMC). 

The UA may not be operated less than 500 feet below or less than 2,000 feet 

horizontally from a cloud or when visibility is less than 3 statute miles from the 

Operator.

24. During operations the UA may not operate within 5 nautical miles of the 

geographic center of an airport 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, if as required by the 

Operator’s COA. The letter of agreement with the airport management must be 

made available to the Administrator upon request.

25. The UA may not be operated over congested or densely populated areas unless the 

conditions set for in #26 are satisfied. These populated areas include, but are not 

limited to, the yellow areas depicted on World Aeronautical Charts (WAC), 

Sectional Aeronautical Charts (Sectionals), or Terminal Area Charts (TAC). 

However, aeronautical charts may not reflect pertinent local information. 

Ultimately, it is the Operator’s responsibility to maintain the minimum safe 

altitudes required by § 91.119 (d) (1).

26. Flight operations must be conducted at least 500 feet from all nonparticipating 

persons, vessels, vehicles, and structures unless:

a. Barriers or structures are present that sufficiently protect nonparticipating 

persons from debris in the event of an accident. The Aircraft Operator must 

ensure that nonparticipating persons remain under such protection. If a

situation arises where nonparticipating persons leave such protection and 
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are within 30 feet of the UA, flight operations must cease immediately 

and/or;

b. The aircraft is operated near vessels, vehicles or structures where the land 

owner/controller has granted permission and/or the Aircraft Operator has 

made a safety assessment of the risk of operating closer to those objects 

and;

c. Operations near the Aircraft Operator do not present an undue hazard to the 

Operator per § 91.119(a).

27. All operations shall be conducted over private or controlled access property with 

permission from the land owner/controller or authorized representative. Permission 

from land owner/controller or authorized representative will be obtained for each 

flight to be conducted.

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

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

reported to the FAA’s UAS Integration Office (AFS-80) within 24 hours. 

Accidents must be reported to the National Transportation Safety Board (NTSB)

per instructions contained on the NTSB Web site: www.ntsb.gov.

The proposed operations in this Petition for Exemption are not new or novel to the FAA. 

The FAA has previously issued grants of exemption to use small UAS for proposed activities 

the petitioner requests: See e.g.,

 Exemption No. 11062 to Astraeus Aerial for closed set filming (Docket No. 

FAA-2014-0352)

 Exemption No. 11109 to Clayco, Inc. for aerial imaging to monitor and 

ensure safety of construction sites (Docket No. FAA–2014–0507)

 Exemption No. 11110 to Trimble Navigation LTD for the purpose of 

precision aerial surveys (Docket No. FAA-2014-0367)

 Exemption No. 11111 to Woolpert, Inc. for precision aerial survey (Docket 

No. FAA-2014-0506)

 Exemption No. 11112 to VDOS Global, LLC for aerial inspection, training 

and flight demonstration (Docket No. FAA−2014−0382)

 Exemption No. 11114 to Woolpert, Inc. for precision aerial survey (Docket No. 

FAA-2014-0398)

 Exemption No. 11136 to Advanced Aviation Solutions, LLC to perform 

precision agriculture (Docket No. FAA–2014–0508)

 Exemption No. 11153 to Burnz Eye View, Inc. to perform aerial photography 

and inspection (Docket No. FAA–2014–0519)

 Exemption No. 11156 to Total Safety US for flare stack and other industrial 

infrastructure inspection (Docket No. FAA-2015-0648)

 Exemption No. 11167 to Pravia, LLC. for the purpose of providing highresolution aerial imagery in support of, biomass analysis and estimation, yield 

monitoring, leaf area indexing and reporting of geographical data and overall 

crop health to a domestic agricultural seed company (Docket No. FAA–2014–

0789)
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 Exemption No. 11192 to Viking Unmanned Aerial Systems, Inc. to conduct 

aerial photography and 3D mapping for the agriculture, energy, infrastructure, 

ranching, and construction industries (Docket No. FAA-2014-0850)

 Exemption No. 11204 to Build Imagery, LLC. for aerial photography for the 

architectural, engineering, and construction industry sites and in motion picture 

and television operations (Docket No. FAA–2014–0886)

 Exemption No. 11213 to Aeryon Labs, Inc. to perform market research, aerial 

surveys, mapping, and inspections (Docket No. FAA−2014−0642)

 Exemption No. 11222 to Vision Services Group, LLC to collect high quality, 

actionable data for use by agronomists, crop consultants, and forestry 

professionals (Docket No. FAA−2014−0563)

 Exemption No. 11286 to Balfour Beatty Construction Services US to conduct 

aerial imaging at construction sites (Docket No. FAA−2014−0960)

 Exemption No. 11293 to Erie Insurance Group to conduct research and 

development at its own facilities and property surveys and inspections, and 

risk assessment, risk management, loss prevention, and underwriting 

(Docket No. FAA–2014–0962)

 Exemption No. 11364 to Real Estate Strategies, LLC. to augment real 

estate research analysis and for-sale listing photographs and videos (Docket 

No. FAA–2015–0116)

 Exemption No. 11419 to Mr. Douglas R. Dorrer to conduct educational 

community outreach, aerial real property and pre/post environmental 

remediation surveys, and not-for-profit Search and Rescue operations 

supporting local law enforcement (Docket No. FAA–2015–0185)

 Exemption No. 11467 to Aerial Inspection Resources, LLC. to conduct 

examination and monitoring of power lines, pipelines and related utility

structures (Docket No. FAA–2015–0261)

 Exemption No. 11540 to Titan Aerial, LLC. to conduct aerial photography 

and videography (Docket No. FAA–2015–0395)

 Exemption No. 11721 to Aerial Works, Inc. to conduct visual inspections 

of telecommunications towers and power lines and engineering research

with local universities addressing a number of small UAS concerns (Docket 

No. FAA–2015–0141)

 Exemption No. 11761 to Dronair Solutions for utility and industrial infrastructure 

inspections (Docket No. FAA-2015-0648)

 Exemption No. 11813 to CellAntenna Corporation to conduct visual observation, 

inspection, and recording and RF signal extension and detection work (Docket 

No. FAA–2015–1010)

 Exemption No. 11857 to Liberty Mutual Insurance Company to conduct aerial 

photography for home and business roof inspection, and large structure/fire site 

inspection (Docket No. FAA–2015–0513)

 Exemption No. 11865 to SkySpecs, Inc. to conduct visual inspection and 

photography of vertical structures (Docket No. FAA–2015–0478)

 Exemption No. 12031 to Orlando Aerial Videos to conduct market research, 

aerial surveys, mapping, inspections, and aerial data collection (Docket No. 

FAA–2015–1301)

 Exemption No. 12645 to Allied Drones to conduct aerial infrastructure 

inspections and surveys for the bridge, tower, and building construction and 
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maintenance industries (Docket No. FAA–2014-0804)

 Exemption No. 13953 to Flares & Stacks, Inc. to conduct aerial data collection in 

support of industrial infrastructure inspection, and maintenance activities (Docket 

No. FAA–2015–3021)

 Exemption No. 14118 to 10-8 Video LLC to perform aerial data collection and 

closed set motion picture and filming (Docket No. FAA–2015–4596)

The low-risk UAS operations proposed by Elevated Analytics in this Petition for

Exemption fall squarely within the category of aerial data collection that has been subject

to previous approval.

III. RELEVANT STATUTORY AUTHORITY

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

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 permit unmanned aircraft systems to operate in the 

NAS where it is safe to do so based 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 

exemption 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 ANALYTICS' PROPOSED UAS OPERATIONS MEET THE

REQUIREMENTS OF SECTION 333 OF THE REFORM ACT

Elevated Analytics proposed operations in this Petition for Exemption qualify

for expedited approval under Section 333 of the Reform Act, as each of the statutory criteria

and relevant factors are satisfied and the FAA has previously issued grants of exemption 

in circumstances similar to those presented in this Petition for Exemption.

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

Operational Capability

The proposed sUAV/UAS makes and models meet the requirements of Section 333 of the

Reform Act due to its weight, speed and operational capabilities. In addition, multiple prior 

exemptions were awarded to prior applicants using the same make and models as proposed by Elevated 
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Analytics. 

The flight control system of each make and model provide for safe operation. The flight

system provides position and altitude lock in windy conditions. This permits precise hovering

and stability. In addition, the controller comes with both an automatic and manual return-to-home

feature to efficiently deal with unexpected flight contingencies. The system's enhanced fail-safe

ensures that the multi-rotor will hover automatically if it loses RC signal. After losing the signal

for a certain time period, the device will calculate the safest way to return the vehicle to the

home position. The vehicle will hover over the GPS start point and land automatically.

The system also provides Intelligent Orientation Control (IOC). This allows the 

controller to give commands to the vehicle based on its direction from the controller and is 

independent of the orientation of the vehicle. This prevents the pilot from inadvertently issuing 

flight commands in directions different from the one intended. Finally, the controller provides 

the ability to customize two levels of low battery warning to provide adequate time to terminate 

the flight with an enhanced level of safety.

The proposed make and models used by Elevated Analytics have common characteristics with

other UAS approved for use in previous Section 333 Grants of Exemption, including:

 They weigh less than 55 pounds including payload;

 They have the capability to operate safely after experiencing certain in-flight contingencies

or failures, and it employs an auto-pilot system to maintain UAS stability and control.

The UAS is also able to respond to a loss of GPS or a lost-link event with a precoordinated, predictable, automated flight maneuver. These safety features provide an

equivalent level of safety compared to a manned aircraft performing a similar operation

and mitigate the risk of command and control link failures;

 The radio frequencies used for operations and control of the UAS comply with the 

Federal Communications Commission (FCC) and other appropriate government oversight 

agency requirements; and

 The UAS all operate at a speed of 87 knots or less.

B. Approval is Warranted Based on the Operational Restrictions in

Elevated Analytics' Operating Documents

The operating documents for the selected UAS contain all the procedures and limitations 

necessary to safely and successfully perform the proposed operations. To expedite the FAA's 

safety assessment of Elevated Analytics' proposed UAS operations, Elevated Analytics has tailored

its operating documents to comply with the conditions and limitations imposed on similarly

situated petitioners seeking to use small UAS for aerial data collection. See e.g., Grant of

Exemption No. 14602 issued to Midwest Aerial Vantage, Docket No. FAA–2015–5558. In

particular, the operating documents contain systems and procedures to permit Elevated Analytics

to comply with the conditions and limitations in the FAA's Grant of Exemption. Id.
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V. REGULATIONS FROM WHICH EXEMPTION IS SOUGHT

The Federal Aviation Act expressly grants the FAA the authority 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 requested exemption is in the public interest.

1

Elevated Analytics seeks an exemption from several interrelated provisions of 14

C.F.R. Parts 45, 61 and 91 for purposes of conducting the requested operations using

small UAS, including:

FAR Description

91.9(c); 45.23(b) and

45.27(a)

Aircraft Marking and Identification Requirements

91.405(a); 91.407(a)(1);

91.409(a)(1) and (2);

91.417(a) and (b)

Maintenance and Inspection Requirements

61.23(a) and (c), 61.113;

61.101(e)(4) and (5), 

61.315

Private, Recreational and Sport Pilot Medical Certificate,

Privileges and Limitations

91.7(a) Civil Aircraft Airworthiness

91.9(b)(2); 91.203(a) and

(b)

Carrying Aircraft Flight Manual, Certification and 

Registration in

91.103 the Prefli Airght craAftction

91.109(a) Flight Instruction

91.119(c) Minimum Safe Altitudes Over Other than Congested Areas

91.121 Altimeter Settings

91.151(a) Fuel Requirements for Flight in VFR Conditions

Listed below are the specific sections of 14 C.F.R. for which an exemption is sought,

and the operating procedures and safeguards that Petitioner has established which will ensure

a level of safety better than or equal to the rules from which exemption is sought.

2

A. 91.9(c), 45.23(b) and 45.27(a): Aircraft Marking and

Identification Requirements

Elevated Analytics 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).

 

1

See 49 U.S.C. § 44701(f) (authorizing the grant of exemptions from requirements of regulations prescribed pursuant 

to Sections 44701(a) and (b) and Sections 44702 - 44716)

2

See 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 provided by the rule from which

you seek exemption.
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● 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 operator must also

display on that aircraft near each entrance to the cabin, cockpit, or pilot station,

in letters not less than two inches nor more than six inches high, the words

"limited," "restricted," "light-sport, "experimental," or "provisional," as 

applicable.

● 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 prior grants of exemption under Section 333 of the Reform Act, the FAA determined 

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."

3 All UAS flown by Elevated Analytics will bear Nnumber markings that are as large as practicable in accordance with 14 C.F.R. Part 45, Subpart C.

4

B. 91.405(a), 91.407(a)(1), 91.409(a)(1) and (2); 91.417(a) and (b): Maintenance

Inspections

Elevated Analytics seeks an exemption from the maintenance inspection requirements 

contained in 14 C.F.R. § 91.405(a), 91.407(a)(1), 91.409(a)(1) and (2); 91.417(a) and (b). These 

regulations specify maintenance and inspection standards in reference to 14 C.F.R. Part 43.

5 An 

exemption from these regulations is needed because Part 43 and these sections only apply to 

aircraft with an airworthiness certificate, which the UAS to be operated under this grant of

exemption will not have.

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

be performed in accordance with the operating documents and any required manufacturer Safety 

or Service Bulletins. Further, as required by the operating documents, the Pilot in Command 

 

3

FAA Docket No. FAA-2014-0352.

4

See, e.g., FAA Docket No. FAA-2014-0352, at 14.

5 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 chapter.").
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(PIC) will conduct a pre-flight inspection of the UAS and all associated equipment to account for 

all discrepancies and/or inoperable components. Maintenance will be performed and verified to 

address any conditions potentially affecting safe operation of the UAS and no flights will occur 

unless, and until, all flight critical components of the UAS have been found to be airworthy and 

in a condition safe for operation. A functional test flight will be conducted following the 

replacement of any flight-critical components. The PIC who conducts the functional test flight

will make an entry in the UAS aircraft records of the flight.

The Petitioner will also follow the UAS manufacturer’s maintenance, overhaul,

replacement, inspection, and life limit requirements for the aircraft and aircraft components.

Moreover, maintenance records of the UAS maintenance, preventative maintenance, alterations,

status of replacement/overhaul component parts, and the total time in service of the Petitioner's

UAS will be kept. As a whole, the maintenance and inspection procedures followed by the 

Petitioner will ensure that an equivalent or higher level of safety will be achieved.

C. 61.23(a) and (c), 61.113, 61.101(e)(4) and (5), 61.315: Private, Recreational 

and Sport Pilot Medical Certificate, Privileges and Limitations

Elevated Analytics seeks exemption from these sections, which restricts private,

recreational or sport pilot certificate holders from flying aircraft for compensation or hire, and

would also require a Class II 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 UAS will be operated as part of a commercial operation, it carries neither

passengers nor cargo.

In the Grant of Exemption No. 11062 to Astraeus Aerial

6

, the FAA determined that the 

unique characteristics of UAS operation outside of controlled airspace did not warrant the 

additional cost and restrictions attendant with requiring the PIC to have a Commercial Pilot 

Certificate and Class II Medical Certificate. 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.

More recently, the FAA determined that holders of recreational and sport pilot 

certificates would also have adequate aeronautical knowledge to pilot a UAS. Accordingly, 

because these individuals would also be subject to security screening by the Department of 

Homeland Security (DHS), the FAA determined that holders of recreational and sport pilot 

certificates would be qualified to serve as the PIC for UAS operations.

7

D. 91.7(a): Civil Aircraft Airworthiness

Inasmuch as there will be no airworthiness certificate issued for the UAS, Elevated 

 

6

FAA Docket No. FAA-2014-0352 .

7

See Grant of Exemption No. 11213 to Aeryon Labs, Inc. (Docket No. FAA-2014-0642 at pgs.8-9).
U.S. Department of Transportation

February 10, 2016

Page 14

Analytics seeks an exemption from 14 C.F.R. § 91.7(a), which requires that a civil aircraft be in

an airworthy condition to be operated. While Petitioner’s UAS will not have an airworthiness 

certificate, the FAA has determined that for the purposes of this exemption the pilot may 

determine the aircraft is in an airworthy condition prior to flight. The operating documents

contain procedures, which allow the PIC to determine whether the aircraft is in a condition safe 

for flight, and an exemption from § 91.7(a) is therefore warranted.

E. 91.9(b)(2): Civil Aircraft Flight Manual in the Aircraft and 91.203(a) and 

(b): Carrying Civil Aircraft Certification and Registration

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

airworthiness documents and other 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 available 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 operate 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 UAS, it would be impossible to keep 

airworthiness documents and other aircraft manuals on board the UAS because there is simply no 

room and the UAS has no cabin or cockpit.

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.8 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 

 

8 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

February 10, 2016

Page 15

access to the documents at the ground control station from which he or she is piloting the UAS.

9

F. 91.103: Preflight Action

Petitioner 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 

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

FAA-approved Flight Manual is required.

Adherence to the requirements in the operating documents will ensure that the UAS is in 

an airworthy condition prior to flight. The PIC will perform a series of checklists designed to 

identify any defects or inoperable components, which cover pre-flight, take-off, 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 

areas—before initiation of flight. Petitioner's operating documents will be kept at the ground 

control station and will be accessible to the PIC at all times while operating the UAS.

G. 91.109(a): Flight Instruction

Petitioner 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 functioning 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).

Given the size and speed of the UAS that Petitioner intends to use, an equivalent level of 

safe training can still be achieved without dual controls because no pilot or passengers are aboard 

the UAS, and as required by the operating documents, all persons will be a safe distance away in

the event that the UAS experiences any difficulties during flight instruction. Moreover, all flight 

training will be conducted in controlled and sterile environment. As a whole, the procedures 

provided for in the operating documents ensure that UAS flight instruction can be performed 

safely.

H. 91.119(c): Minimum Safe Altitudes Over Other Than Congested Areas

Elevated Analytics requests an exemption from the minimum safe altitude requirements

 

9

See also Exemption No. 11213 to Aeryon Labs, Inc. at pg. 11:

The petitioner requested relief from 14 CFR § 91.9(b)(2): Civil aircraft flight manual, marking,

and placard requirements and § 91.203(a) and (b): Civil aircraft: Certifications required. The

FAA has previously determined that relief from these sections is not necessary. See Exemption

No. 11062. Relevant materials may be kept in a location accessible to the PIC in compliance with

the regulations.
U.S. Department of Transportation

February 10, 2016

Page 16

of 14 C.F.R. § 91.119(c).

10 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, or structure in non-congested areas. See 14 C.F.R. § 91.119(c).

An exemption is required because the proposed UAS operations will normally need to 

occur below 400 feet AGL. Additionally, due to the nature of the proposed operations, the PIC 

and/or Observers may need to be less than 500 feet away from the UAS. Compared to flight 

operations with rotorcraft weighing far more than the maximum weights proposed herein, and 

given the lack of flammable fuel with the UAS, any risk associated with these operations is far 

less than those that presently exist with conventional aircraft.

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

UAS, as well as the controlled location where the operations will occur. In order to avoid any

risk to manned aircraft, flight operations will be restricted to below 400 feet AGL. The UAS will

be operated in a controlled environment, and all flights will occur at a lateral distance of at least

500 feet from nonparticipating persons, unless that person is in a position where he or she is

shielded from the UAS and any possible debris resulting from UAS failure. Procedures will be

in place to ensure flight operations can be safely terminated if a nonparticipating person within

500 feet of the UAS leaves a shielded position. Further, UAS operations will occur at least

500 feet away from vehicles or structures unless the property owner/controller has granted

permission and the PIC has made a safety assessment of the risk of operating closer to those

objects, and operations near the PIC or Observer will not present an undue hazard per §

91.119(a). Adherence to these restrictions will ensure the proposed operations can be conducted

without compromising safety to persons or property on the ground.

I. 91.121: Altimeter Settings

To the extent necessary for Elevated Analytics to conduct the proposed operations, 

Petitioner requests 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.

The FAA has stated that an equivalent level of safety to the requirements of 14 C.F.R. §

91.121 can be achieved in circumstances where: (1) the UAS will be operated 400 feet AGL or 

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

operator at a ground-based on-screen display and, (4) where prior to each flight, a zero altitude 

initiation point is established for the PIC to confirm accuracy of the onboard GPS.

The UAS that Petitioner intends to use for performing the proposed operations meet all 

these operational characteristics. Before each flight the PIC will calibrate the aircraft's GPS

compass. As the FAA has determined in circumstances similar to this Petition for Exemption,

Petitioner's UAS and the safety mitigation procedures contained in the operating documents,

 

10 Relief 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 congested 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 at pg. 15 (Docket No. FAA-2014-

0534 ).
U.S. Department of Transportation

February 10, 2016

Page 17

ensure that an equivalent level of safety will be achieved, and a grant of exemption to the

requirements of § 191.121 is therefore appropriate.

J. 91.151(a): Fuel Requirements for Flight in VFR Conditions

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

for flight in Visual Flight Rules (VFR) conditions. Section 91.151 states:

(a) No person may begin 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.

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 14 C.F.R. § 91.151(a) is therefore required.

The FAA has previously granted relief from the fuel requirements of § 91.151(a) for 

flight in daytime VFR conditions in circumstances similar to those presented in this Petition for

Exemption.

11 In Exemption No. 11213 to Aeryon Labs, Inc.12

, the FAA determined that a 

requirements prohibiting the PIC from beginning a UAS flight unless (considering wind and 

forecast weather conditions) there was enough available power for UAS to operate for the 

intended operational time and to operate after that for at least five minutes or with the reserve 

power recommended by the manufacturer if greater, would ensure an equivalent level of safety

to the fuel requirements of § 91.151(a).

13 Petitioner's operating documents impose this same 

requirements and an exemption from § 91.151(a)'s fuel requirements for flight in VFR conditions 

is therefore appropriate.

VI. DRUG AND ALCOHOL POLICY

Elevated Analytics has established policies to ensure that no person may participate in

UAS flight operations if they are under the influence of alcohol or any drug which may impair 

safe operations.

VII. PUBLIC INTEREST

The public interest will be served by granting Elevated Analytics' Petition for Exemption. 

Congress has established a national policy that favors early integration of UAS into the National 

Air Space (NAS) in controlled, safe working environments such as those proposed in this 

Petition. Granting this Petition for Exemption helps fulfill Congress' goal in passing Section 

 

11 See e.g., Exemption Nos. 8811, 10808, and 10673. 

12 Docket No. FAA-2014-0642.

13 Exemption No. 11213 at pg. 12.
U.S. Department of Transportation

February 10, 2016

Page 18

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.

The proposed UAS operations in this Petition for Exemption significantly improve safety 

and reduce risk by alleviating the public's exposure to danger associated with traditional aerial 

data collection methods, namely, full size fixed-wing aircraft and rotorcraft. The UASs Elevated 

Analytics intends to use are light weight, are battery powered, and create no emissions. Moreover, 

in the unlikely event that one of Petitioner's UAS crash, there is no fuel to ignite and explode. 

Any accident involving Petitioner's small lightweight UAS will present significantly less danger 

to the pilot and other individuals on the ground than one involving a full size helicopter.

VIII. PRIVACY

The proposed operations will be conducted in accordance with applicable federal, state, 

or local laws regarding privacy. Elevated Analytics will not conduct flight operations over

property that it does not own or control without the prior consent and knowledge of the property

owner.

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:

45.23(b); 45.27(a); 61.23(a) and (c); 61.113; 61.101(e)(4) and (5); 61.315;

91.7(a); 91.9(b)(2); 91.9(c); 91.103; 91.109(a); 91.119(b); 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 general public and property 

owners from the substantial hazards associated with using conventional fixed-wing aircraft or, 

rotorcraft for aerial data collection.

X. CONCLUSION

The proposed operations in this Petition for Exemption satisfy the criteria articulated in 

Section 333 of the Reform Act and the FAA has issued grants of exemption in circumstances 

similar in all respects to those presented by Elevated Analytics in this Petition for Exemption.

In consideration of the foregoing, this Petition for Exemption provides the FAA with all the 

necessary justification for granting the requested exemptions allowing Elevated Analytics to

operate small UAS for the purpose of aerial data collection.

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

have any questions, or if you need additional information to support the requested exemptions, 

please do not hesitate to contact us.
U.S. Department of Transportation

February 10, 2016

Page 19

Respectfully,

Zach Smith

President, Elevated Analytics, LLC.