1 

# Petition	for	Exemption	Filed	Under	Section	333

Petitioner
Janie	Eick,	Chief	Executive	Officer,	Chief	sUAS	Operator,	an d	Founder,	Elevated Images, 3213 210th	Street,	Terril,	IA	51364 ElevatedImages1@gmail.com

.

Date:	6 J uly 2015



### Objective

Seek	FAA exemption	to	Title	14	of	Code	of	Federal	Regulations,	sections:

• 61.113(a)

• 91.103(b)(2)

• 91.105

• 91.109

• 91.119(b)	and	(c)

• 91.121

• 91.151(a)	and	(b)

• 91.405(a)

• 91.407(a)(1)

• 91.409(a)(1)	and	(2)

• 91.417(a)	and	(b)



### Definitions

• AGL	=	Above	Ground	L evel

• ATC	=	Air	Traffic	C ontrol

• CFR	=	Code	of	Federal	Regulations

• NAS	=	National	Air	Space

• NPRM	=	Notice	of	Proposed	Rule	Making

• sUAS	=	Small	Unmanned	Aerial	S ystem,	consisting	of	the	Inspire	1	aircraft, remote		controller	from	DJI	(and	iOS	mobile	device).

• TSA	=	Transportation	Security	Administration,	an	agency	of	the	U.S. Department	of		Homeland	Security.

• UA	=	Unmanned	A ircraft	=	DJI	Inspire	1	aircraft

• USC	=	United	States	Code

• VFR	=	Visual	Flight	R ules



### Company	Description Elevated	Images (hereafter,	“the	Company”)	offers	aerial	photography	and videography	services	for	real	estate	brokers,	appraisers,	property	managers;

builders	of	homes	and	build ings	(no	higher	than	500	AGL);	special	events;	building inspections;	tourism	promotion;	outdoor	recreational	facilities;	landscape;	farmers; chambers	of	commerce	&	associated	businesses	for	marketing	campaigns;	public agencies;	and	wildlife	conservation	or ganizations.2 The	Company	was	founded	in	2015	by	Janie	Eick,	CEO	and	Chief	sUAS	Operator.

The	Company	uses	the Inspire	1 UAS	from	DJI.	Key	features	include:

• Positioning:	GPS	&	GLONASS	systems,	visual	and	sonar	sensors,	live	view	&	map;

•		Internal	Me asurement	Unit	(IMU):	6

- axis	gyroscope,	accelerometer,	barometer; •		Flight	termination	system

- in	the	event	of	low	battery	or	loss	of	communication	link •		Power	Management	System

- when	to	return	home,	auto	land,	battery	cell	health; •		Flight	teleme try

- altitude,	speed,	distance; •		4K	video	and	12	megapixel	imaging.

Key	specifications	of	the	sUAS	include: •		Weight	=	6.5	pounds,	including	battery,	gimbal,	and	camera

•		Size	=	17.3	x	11.8	x	17.1	inches •		Maximum	ascent	speed	=	16	feet	/	seco nd •		Maximum	horizontal	speed	=	49	miles	(statute)	/	hour •		Flight	time	~	18	minutes

•		Rotors	=	4



### Regulatory	Relief	Requests

In	this	section,	the	petitioner	uses	the following	outline	to	address	potential	CFR	impacts:

• If	relief	from	the	regulation	is	requested; •	The	reason	whether	or	not	relief	is	requested; •	Mitigation	that	will	be	taken	to	follow	the	rule	if	relief	is	requested.

1.		Part	21

- Certification	Procedures	for	Products	and	Parts,	Subpart	H

- Airworthiness	Certificates:

1. Relief	requested:	No;	don’t	believe	is	necessary

2. Reason:	In	accordance	with	statutory	criteria	provided	in	Section	333	of

Public	Law	112

- 95	in	reference	to	49	U.S.C.	§	44704,	and	consideration	of	the	size, weight,	speed, and	limited	operating	area	associated	with	the	aircraft	and	its operation,	this	aircraft	meets	the	conditions	of	Section	333	and	as	such	the petitioner	believes	that	any	associated	noise	certification	and	testing	requirements of	part	36	is	not	necessary.

3. Mitigation:	Not	applicable.

2. 45.23	(b)

- Display	of	marks;	general:

1. Relief	requested:	No.

2. Reason:	Aircraft	will	be	registered	with	the	FAA	and	marked	with	an	“N” number	on	the	left	and	right	side	in	a	size	as	large	as	practical.

3. Miti gation:	Not	applicable.	Will	comply.3 3.	47.15

- Registration	number:

1. Relief	requested:	No.

2. Reason:	Aircraft	will	be	registered	with	the	FAA	and	marked	with	an	“N” number	on	the	left	and	right	side	in	a	size	as	large	as	practical.

3. Mitigation:	Not	applicable.	Will	comply.

4.	61.113(a)

- Private pilot privileges and limitations

– Pilot in Command:

1. Relief	requested:	Yes.

2. Reason:	It	is	understood	that	49	USC	44711	requires	the	FAA	to	issue	airman certificates.	However,	as	of	the date	of	this	petition,	none	of	the	airman certificates	issued	by	the	FAA	for	student,	recreational,	private,	commercial, airline	transport,	or	sport	pilots	seems	to	be	a	good	fit	for	sUAS	pilots.	As

stated	in	NPRM	FAA

- 2015

- 0150

- 0017,	the	airman	certificat ion	requirements for	a	private	or	commercial	pilot	certificate	imposes	an	unnecessary	burden on	the	Company’s	business.	Much	of	the	knowledge	required	for	a	private	or commercial	pilot	certificate	does	not	apply	to	operating	the	sUAS	per	the Company	UAS	Po licies	and	Procedures	and	does	not	result	in	a	significant, relevant	safety	benefit.	The	sUAS’	size,	weight,	operational	capability, proximity	to	airports	and	populated	areas,	and	operation	within	daylight, clear	visibility,	and	visual	line

- of

- sight	rules pose	minimal	risk	to	public safety	or	pose	a	threat	to	national	security.

3. Mitigation:	The	petitioner	clearly	understands	the	importance	of	being trained	in	and	knowledgeable of	operating	the	sUAS	in	the	NAS	in	a responsible	manner	to	so	as	not	to	adve rsely	affect	the	operations	in	the	NAS or	present	a	hazard	to	persons	or	property	on	the	ground.	The	petitioner proposes	the	following	mitigation:

1.	Knowledge	&	training.	Compliance	with	the	Company’s	Operator	Training Policy	and	completion	of	the	Opera tor	Training	Program	which	specifies	the training	required	of	operators	before	conducting	flight	for	commercial purposes.	They	include:

1. Viewing	DJI	videos:

• Introducing	the	Inspire	1

• Unboxing	the	Inspire	1

• Quick	Start	Guide

• Pilot	App	Tutorial

• Setting	It Up

• How	to	Fly

• Dual	Operator

• Flight	Simulator	App4 2. Viewing	websites:

• Know	Before	You	Fly

• DJI	No	Fly	Zones

• SkyVector	Aeronautical	Charts

3. Reading:

• DJI:

*		User	Manual *		Quick	Start	Guide *		Safety	Guidelines *		Battery	Safety	Guidelines

* Maintenance	Manual

• FAA	Pilot’s	Handbook	of	Aeronautical	Knowledge:

*		Preface *		Chapter	1

- Introduction	to	Flying *		Chapter	7

– Flight	Instruments *		Chapter	8

– Flight	Manuals *		Chapter	14

- Airspace *		Chapter	16

– Aeromedical	Factors *		Chapter	17

– Aeronautical	Decision	Making

• FAA	/	AeroNave	Aeronautical	Chart	User’s	Guide

4. Flight	practice	(specifics	provided	in	the	Company’s	UAS Policies	and	Procedures):

• Pilot	App	Simulator

• Flying	the	UAS

• Proficiency

• Currency

2. National	security.	The	operator	does	not	present	a	threat	to	national security.

3. Medical.	The	operator	holds	a	valid	U.S.	driver’s	license.	The	operator	has general	annual	physical	exams.

5. 91.7

- Civil	aircraft	airworthiness:

1. Relief	requested:	No.

2. Reason:	It	is	critical	that	the	sUAS	can	be	flown	in	a	safe	manner.

3. Mitigation:	The	sUAS	undergoes	a	maintenance	check	per	the	specifications and	procedures	provided	in	the	Inspire	1	Maintenance	Manual.	UAS	Policies

and	Proc edures	require	the	completion	of	a	Pre

- Flight	and	Post

- Flight Checklist	for	each	flight.5 6. 91.103(b)(2)

- General	Operating	and	Flight	Rules,	Subpart	B

- Flight	Rules, Preflight	action:

1. Relief	requested:	Yes.

2. Reason:	The	UA	for	this	petition	wi ll	not	be	flown	at	airports.	Takeoff	and landing	distances	are	zero	since	the	aircraft	is	a	sUAS.

3. Mitigation:	The	capture	of	still	images	and	video	along	with	associated	flight path	will	be	discussed	and	agreed

- upon	with	the	client	in	advance	of	the

s hoot	and	confirmed	or	revised	just	prior	to	flight.	The	sUAS	displays, records,	and	retains	flight	data	including	take

- off	height,	take

- off

- speed, horizontal	distance	traveled,	horizontal	speed,	altitude,	flown	flight	path,	and other	flight	parameters.

7. 91.105

- General	Operating	and	Flight	Rules,	Subpart	B

- Flight	Rules,	Flight

crew	members	at	stations:

1. Relief requested:	Yes.

2

. Reason:	The	UA	is	unmanned	and	does	not	have	on

- board	pilots,	and	as	such, no	safety	harnesses	are	worn.

3. Miti gation:	The	sUAS	operator	will	always	be	in	sole	control	of	the	UA.	If absence	of	the	operator	is	necessary	in	connection	with	physiological	or other	emergent	needs,	the	operator	shall	first	land	the	UA	in	a	prompt manner	to	assure	public	safety.

8

. 91. 109

- General	Operating	and	Flight	Rules,	Subpart	B

- F light	Rules,	Flight

Instruction:

1. Relief	requested:	Yes.

2. Reason:	The	UA	does	not	have	flight	dual	controls.	(A	slave	controller	is	an option	but	can	only	be	configured	to	control	the	gimbal	and camera	for unique	image	capture.	It	cannot	control	the	aircraft	flight.)

3. Mitigation:	The	Company’s	Operator	Training	Program	requires	practice time	on	the	Simulator	app.

9. 91.119(b)	and	(c)

- General	Operating	and	Flight	Rules,	Subpart	B

- Flight

Minimum	safe	altitudes:	General:

1. Relief	requested:	Yes.

2. Reason:	UAS	will	be	flown	no	higher	than	500	feet	AGL	as	proposed	in	NPRM

FAA

- 2015

- 0150

- 0017.6 3. Mitigation:	Per	the	Company	UAS	Policies	and	Procedures,	UA	will	not	be flown	higher	than	500	feet	AGL.	All	flight	operations	will	be	conducted	at

least	200	feet	from	all	non

- participating	persons,	vessels,	vehicles,	and

structures	unless:

a. Barriers	o r	structures	are	present	that	sufficiently	protect nonparticipating	persons	from	the	UA	and/or	debris	in	the	event	of	an accident.	The	operator	will	ensure	that	nonparticipating	persons	remain under	such	protection.	In	the	vent	such	persons	leave	the	prote ction	area	and are	within	200	feet	of	the	UA,	the	operator	will	cease	operation	immediately in	a	manner	ensuring	the	safety	of	nonparticipating	persons:	and

b. The	owner/controller	of	any	vessels,	vehicles,	or	structures	as	granted permission	for	operat ing	closer	to	those	subjects	and	the	operator	has	made a	safety	assessment	of	the	risk	of	operating	closer	to	those	objects	and determined	that	it	does	not	present	an	undue	hazard.

The	distance	of	200	feet	was	chosen	based	on	target	real	estate	lots	of	about	0.5 acres	which	for	assumption	sake	measure	about	150	feet	by	150	feet.

10.	91.121

- General	Operating	and	Flight	Rules,	Subpart	B

- Altimeter	settings:

1. Relief	requested: Yes.

2. Reason:	The	UAS	is	unable	to	take	input	from	stations.

3. Mitigation:	The	UAS	under	this	petition	contains	an	on

- board	barometer.	It’s altitude	is	based	on	barometric	pressure	reading	at	take

- off.

11.	91.151(a)	and	(b)

- General	Operating and	Flight	Rules,	Subpart	B

- Fuel requirements	for	flight	in	VFR	conditions:

1. Relief	requested:	Yes.

2. Reason:	The	fuel	for	this	UA	is	100%	battery	power.	Designed	maximum flight	time	is	approximately	18	minutes	with	a	standard	4500	mAh	battery.

3. Mitigation:	The	low	battery	level	failsafe	is	triggered	with	the	battery	is depleted	to	a	point	that	may	affect	safe	return	of	the	UA.	Advanced algorithms	calculate	the	distance	of	the	UA	and	estimated	time	to	return home,	letting	the	operator	know when	it’s	time	to	fly	back.	The	operator	is advised	via	the	Pilot	App	to	return	home	or	land	the	aircraft	immediately when	the	warning	is	displayed.	The	aircraft	will	return	automatically	to	the home	point	if	no	action	is	taken	after	a	10	second	countdown .	The	UA	will land	automatically	if	the	current	battery	level	can	only	support	the	aircraft	to land	to	the	ground	from	the	current	altitude.	Per	the	UA	manufacturer	and the	Company’s	preflight	checklist,	the	battery	is	to	be	fully	charged	before initiating flight	operations.7 12.	91.405(a)

- General	Operating	and	Flight	Rules,	Subpart	E

- Maintenance Required:

1. Relief	requested:	Yes.

2. Reason:	FAA

- required	inspections	are	not	specified	for	this	UAS.

3. Mitigation:	According	to	the	Company	UAS	Pol icies	and	Procedures,	any anomalies	observed	during	the	preflight,	flight,	or	post	flight	check	that would	adversely	affect	the	safe	control	of	the	UA	must	be	resolved	before resuming	flight	operations.

13.	91.407(a)(1)

- General	Operating	and	Flight	Rul es,	Subpart	E

- Operations after	maintenance,	preventive	maintenance,	rebuilding,	or	alteration:

1. Relief	requested:	Yes.

2. Reason:	No	person	authorized	under	§43.7	of	chapter	1	of	Title	14	exists	to approve	a	return	to	service	for	this	type	of	UAS.

3. Mitigation:	If	aircraft	requires	repair	by	the	manufacturer,	the	manufacturer conducts	flight	test	worthiness	after	repairs	and	before	shipping	the	UA	back	to	the operator.	The	Company’s	UAS	Policies	and	Procedures	and	the	manufacturer’s correspondence with	the	petitioner	specify	to	calibrate	the	Internal	Measurement Unit	after	every	firmware	upgrade.	This	is	done	by	the	operator.

14.	91.409(a)(1)	and	(2)

- General	Operating	and	Flight	Rules,	Subpart	E

- Inspections:

1. Relief	requested:	Yes.

2. Reas on:	Per	the	manufacturer’s	maintenance	manual,	this	UA	does	not undergo	annual	inspections.	Airworthiness	certificates	do	not	apply	to	this

UA.

3. Mitigation:	Per	the	manufacturer’s	maintenance	manual,	maintenance	and inspections	are	conducted	after	ever y	200	flights	or	50	hours	of	flight.

15.	91.417(a)	and	(b)

- General	Operating	and	Flight	Rules,	Subpart	E

– Maintenance	records:

1. Relief	requested:	Yes.

2. Reason:	Maintenance,	preventive	maintenance	and	alterations	are	not

conducted	at	100

- hour	an d	annual	intervals.	The	type	of	record	details	call out	in	this	section	do	not	apply	to	this	UA.

3. Mitigation:	The	operator	does	record	all	maintenance	in	the	Operator	Log Book	per	the	Company’s	UAS	Policies	and	Procedures.	Records	are	retained8 for	as	l ong	as	the	UA	is	flown	and	are	available	for	inspection	by	the	FAA Administrator	upon	request.

Public	Interest Granting	the	requested	relief	is	in	the	public	interest.	FAA	approval	of	the	petitioner to	fly	the	subject	sUAS	enables	the	petitioner	to	offer several	key	benefits	to	the public	as	a	whole,	including,	but	not	limited	to:

• Home	owners	and	their	real	estate	brokers	would	increase	the	probability	of meeting	or	exceeding	their	asking	price	and	reducing	the	time	on	the	market by	being	able	to	show	a ttention

- getting	aerial	images	and	video	of	their property	on	sales	web	sites;

• Property	managers	can	more	quickly	and	safely	inspect	their	grounds,	roofs, and	structures	to	forestall	any	adverse	issues	with	tenants’	living environment	and	potentially	re duce	overall	maintenance	costs;

• Builders	can	inspect	for	anomalies	during	construction	to	verify	proper workmanship	and	potentially	reduce	the	costs	of	unexpected	repairs;

• Solar	panel	installers	can	inspect	their	installations	quicker	and	more	safely than	climbing	ladders;

• Public	works	entities	can	inspect	their	systems	from	new	perspectives	that provide	faster,	more	thorough,	and	more	cost	effective	means	of	assessing the	conditions	of	their	systems.

• Farmers	can	inspect	their	farmland	and	pastures	in	less	time	and	can	more readily	identify	any	concerning	growth	patterns	by	using	aerial	imaging rather	than	ground

- based	machines	and	travel;

• Farmers	can	use	aerial	images	of	their	corn	mazes	in	their	m arketing campaign	resulting	in	increased	revenue;

• Chambers	of	Commerce,	wineries,	media	&	marketing	firms,	and	other

businesses	could	use	attention

- getting	aerial	images	and	video	fly

- throughs in	their	marketing	campaigns	to	increase	revenue;

• Wildlif e	conservation	organizations	can	use	aerial	imaging	to	attain	a	more comprehensive	understanding	of	the	wildlife	they	monitor;

• Search	and	rescue	organizations	and	their	clients	would	be	able	to	utilize aerial	imaging	service	to	potentially	more	quickly locate	individuals.	That would	result	in	quicker	medical	care,	potential	of	reduction	in	loss	of	life,	and

reduced	search	costs.

Public	Safety Granting	the	requested	relief	would	not	adversely	af fect	public	safety,	and	in

fact provide	a	level	of	safet y	that	is	equal	to	that	provided	by	the	rules	cited in	the	requested	relief.

The	subject	UAS	of	this	petition	provides	the	same	if	not	more	nimble	and safer	alternative	to	using	manned	aircraft	that	weigh	multi

- magnitudes	more, carry	highly	flammable	an d	explosive	fuels,	and	carry	persons	where	the	risk of	injury	or	worse	is	greater.9 Privacy To	meet	the	spirit	of	the	Presidential	Memorandum:	Promoting	Economic Competitiveness	While	Safeguarding	Privacy,	Civil	Rights,	and	Civil	Liberties

in	Domestic Use	of	Unmanned	Aircraft	Systems,	the	Company	has	policies and	procedures	in	place	to	protect	the	public’s	privacy,	civil	rights,	and	civil liberties.	Permission	is	required	to	conduct	flight	operations	on	private

property.

Federal	Register	Summary

Eleva ted	Images seeks	an	exemption	for	the	following	rules: 14	CFR	Chapter	1,	sections:	61.113(a),	91.103(b)(2),	91.105,	91.109,	91.119(b)	and (c),	91.121,	91.151(a)	and	(b),	91.405(a),	91.407(a)(1),	91.409(a)(1)	and	(2),	and 91.417(a)	and	(b).

Approval	of	the se	exemptions	will	allow Elevated	Images to	offer	contracted commercial	UAS	operations	for	a	wide	range	of	industries	and	applications. Granting	these	exemptions	will	enhance	public	safety	by	reducing	the	risk	to	the general	public	from	hazards	associated with	performing	the	same	service	with

conventional	manned	aircraft.

Additional	Supporting	Information Several	documents	are	provided	with	this	petition	in	support	of	the	relief	request. They	include:

1. Aircraft	manufacturer

- DJI:

• Release	Note	2015.2.27

• Inspire	1	User	Manual

• Inspire	1	Safety	Guidelines	v1.0

• Inspire	1	Flight	Battery	Safety	Guidelines	v1.0

• Inspire	1	Maintenance	Manual	v1.0

• Monthly	Maintenance	Log	Book