July 17, 2015

Exemption No. 12067

Regulatory Docket No. FAA–2015–0750

Mr. Douglas R. Duer

Owner

Elite Aerial Images, Co.

3210 Bird Drive

Erie, PA 16510

Dear Mr. Duer:

This letter is to inform you that we have granted your request for exemption. It transmits our 

decision, explains its basis, and gives you the conditions and limitations of the exemption, 

including the date it ends.

By letter dated March 16, 2014, you petitioned the Federal Aviation Administration (FAA) on 

behalf of Elite Aerial Images, Co. (hereinafter petitioner or operator) for an exemption. The 

petitioner requested to operate an unmanned aircraft system (UAS) to conduct surveying and 

3D aerial mapping; agriculture crop assessment and growth patterns; golf course 

management; insurance company claim assessment; special events; construction site; and 

ecological impact assessment.

See Appendix A for the petition submitted to the FAA describing the proposed operations and 

the regulations that the petitioner seeks an exemption.

The FAA has determined that good cause exists for not publishing a summary of the petition 

in the Federal Register because the requested exemption would not set a precedent, and any 

delay in acting on this petition would be detrimental to the petitioner.

Airworthiness Certification

The UAS proposed by the petitioner is a DJI Phantom 2.
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In accordance with the statutory criteria provided in Section 333 of Public Law 112−95 in 

reference to 49 U.S.C. § 44704, and in consideration of the size, weight, speed, and limited 

operating area associated with the aircraft and its operation, the Secretary of Transportation 

has determined that this aircraft meets the conditions of Section 333. Therefore, the FAA 

finds that relief from 14 CFR part 21, Certification procedures for products and parts, 

Subpart H—Airworthiness Certificates, and any associated noise certification and testing 

requirements of part 36, is not necessary.

The Basis for Our Decision

You have requested to use a UAS for aerial data collection. The FAA has issued grants of 

exemption in circumstances similar in all material respects to those presented in your petition. 

In Grants of Exemption Nos. 11062 to Astraeus Aerial (see Docket No. FAA−2014−0352), 

11109 to Clayco, Inc. (see Docket No. FAA−2014−0507), 11112 to VDOS Global, LLC (see

Docket No. FAA−2014−0382), and 11213 to Aeryon Labs, Inc. (see Docket No. 

FAA−2014−0642), the FAA found that the enhanced safety achieved using an unmanned 

aircraft (UA) with the specifications described by the petitioner and carrying no passengers or 

crew, rather than a manned aircraft of significantly greater proportions, carrying crew in 

addition to flammable fuel, gives the FAA good cause to find that the UAS operation enabled 

by this exemption is in the public interest.

Having reviewed your reasons for requesting an exemption, I find that—

• They are similar in all material respects to relief previously requested in Grant of 

Exemption Nos. 11062, 11109, 11112, and 11213;

• The reasons stated by the FAA for granting Exemption Nos. 11062, 11109, 11112, and 

11213 also apply to the situation you present; and 

• A grant of exemption is in the public interest.

Our Decision

In consideration of the foregoing, I find that a grant of exemption is in the public interest. 

Therefore, pursuant to the authority contained in 49 U.S.C. 106(f), 40113, and 44701, 

delegated to me by the Administrator, Elite Aerial Images, Co. is granted an exemption from 

14 CFR §§ 61.23(a) and (c), 61.101(e)(4) and (5), 61.113(a), 61.315(a), 91.7(a), 91.119(c), 

91.121, 91.151(a)(1), 91.405(a), 91.407(a)(1), 91.409(a)(1) and (2), and 91.417(a) and (b), to 

the extent necessary to allow the petitioner to operate a UAS to perform aerial data collection. 

This exemption is subject to the conditions and limitations listed below.

Conditions and Limitations

In this grant of exemption, Elite Aerial Images, Co. is hereafter referred to as the operator.
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Failure to comply with any of the conditions and limitations of this grant of exemption will be 

grounds for the immediate suspension or rescission of this exemption.

1. Operations authorized by this grant of exemption are limited to the DJI Phantom 2

when weighing less than 55 pounds including payload. Proposed operations of any 

other aircraft will require a new petition or a petition to amend this exemption.

2. Operations for the purpose of closed-set motion picture and television filming are 

not permitted. 

3. The UA may not be operated at a speed exceeding 87 knots (100 miles per hour). The 

exemption holder may use either groundspeed or calibrated airspeed to determine 

compliance with the 87 knot speed restriction. In no case will the UA be operated at 

airspeeds greater than the maximum UA operating airspeed recommended by the 

aircraft manufacturer.

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

(AGL). Altitude must be reported in feet AGL.

5. The UA must be operated within visual line of sight (VLOS) of the PIC at all times. 

This requires the PIC to be able to use human vision unaided by any device other than 

corrective lenses, as specified on the PIC’s FAA-issued airman medical certificate or 

U.S. driver’s license.

6. All operations must utilize a visual observer (VO). The UA must be operated within 

the visual line of sight (VLOS) of the PIC and VO at all times. The VO may be used 

to satisfy the VLOS requirement as long as the PIC always maintains VLOS 

capability. The VO and PIC must be able to communicate verbally at all times; 

electronic messaging or texting is not permitted during flight operations. The PIC

must be designated before the flight and cannot transfer his or her designation for the 

duration of the flight. The PIC must ensure that the VO can perform the duties 

required of the VO.

7. This exemption and all documents needed to operate the UAS and conduct its 

operations in accordance with the conditions and limitations stated in this grant of 

exemption, are hereinafter referred to as the operating documents. The operating 

documents must be accessible during UAS operations and made available to the 

Administrator upon request. If a discrepancy exists between the conditions and 

limitations in this exemption and the procedures outlined in the operating documents, 

the conditions and limitations herein take precedence and must be followed. 

Otherwise, the operator must follow the procedures as outlined in its operating 

documents. The operator may update or revise its operating documents. It is the 

operator’s responsibility to track such revisions and present updated and revised 

documents to the Administrator or any law enforcement official upon request. The 
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operator must also present updated and revised documents if it petitions for extension 

or amendment to this grant of exemption. If the operator determines that any update 

or revision would affect the basis upon which the FAA granted this exemption, then 

the operator must petition for an amendment to its grant of exemption. The FAA’s 

UAS Integration Office (AFS−80) may be contacted if questions arise regarding 

updates or revisions to the operating documents.

8. 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 prior to conducting further operations under this exemption. 

Functional test flights may only be conducted by a PIC with a VO and must remain at 

least 500 feet from other people. The functional test flight must be conducted in such 

a manner so as to not pose an undue hazard to persons and property.

9. The operator is responsible for maintaining and inspecting the UAS to ensure that it is 

in a condition for safe operation.

10. Prior to each flight, the PIC must conduct a pre-flight inspection and determine the 

UAS is in a condition for safe flight. The pre-flight inspection must account for all 

potential discrepancies, e.g., inoperable components, items, or equipment. 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.

11. The operator must follow the UAS manufacturer’s maintenance, overhaul, 

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

aircraft components.

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

safety bulletins.

13. Under this grant of exemption, a PIC must hold either an airline transport, 

commercial, private, recreational, or sport pilot certificate. The PIC must also hold a 

current FAA airman medical certificate or a valid U.S. driver’s license issued by a 

state, the District of Columbia, Puerto Rico, a territory, a possession, or the Federal 

government. The PIC must also meet the flight review requirements specified in 

14 CFR § 61.56 in an aircraft in which the PIC is rated on his or her pilot certificate.

14. The operator may not permit any PIC to operate unless the PIC demonstrates the 

ability to safely operate the UAS in a manner consistent with how the UAS will be 

operated under this exemption, including evasive and emergency maneuvers and 

maintaining appropriate distances from persons, vessels, vehicles and structures. PIC 

qualification flight hours and currency must be logged in a manner consistent with 

14 CFR § 61.51(b). Flights for the purposes of training the operator’s PICs and VOs 
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(training, proficiency, and experience-building) and determining the PIC’s ability to 

safely operate the UAS in a manner consistent with how the UAS will be operated 

under this exemption are permitted under the terms of this exemption. However, 

training operations may only be conducted during dedicated training sessions. During 

training, proficiency, and experience-building flights, all persons not essential for 

flight operations are considered nonparticipants, and the PIC must operate the UA 

with appropriate distance from nonparticipants in accordance with 14 CFR § 91.119.

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

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

under special visual flight rules (SVFR) are not authorized.

16. The UA may not operate within 5 nautical miles of an airport reference point (ARP) as 

denoted in the current FAA Airport/Facility Directory (AFD) or for airports not 

denoted with an ARP, the center of the airport symbol as denoted on the current 

FAA-published aeronautical chart, unless a letter of agreement with that airport’s 

management is obtained or otherwise permitted by a COA issued to the exemption 

holder. The letter of agreement with the airport management must be made available 

to the Administrator or any law enforcement official upon request.

17. 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 PIC.

18. 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.

19. The PIC must abort the flight in the event of unpredicted obstacles or emergencies.

20. The PIC is prohibited from beginning a flight unless (considering wind and forecast 

weather conditions) there is enough available power for the UA to conduct the 

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

power recommended by the manufacturer if greater.

21. Air Traffic Organization (ATO) Certificate of Waiver or Authorization (COA). All 

operations shall be conducted in accordance with an ATO-issued COA. The 

exemption holder may apply for a new or amended COA if it intends to conduct 

operations that cannot be conducted under the terms of the attached COA.

22. All aircraft operated in accordance with this exemption must be identified by serial 

number, registered in accordance with 14 CFR part 47, and have identification 

(N−Number) markings in accordance with 14 CFR part 45, Subpart C. Markings must 

be as large as practicable.
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23. Documents used by the operator to ensure the safe operation and flight of the UAS and 

any documents required under 14 CFR §§ 91.9 and 91.203 must be available to the 

PIC 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.

24. The UA must remain clear and give way to all manned aviation operations and 

activities at all times. 

25. The UAS may not be operated by the PIC from any moving device or vehicle. 

26. All 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 the UA and/or debris in the event of an accident. The operator must ensure 

that nonparticipating persons remain under such protection. If a situation arises 

where nonparticipating persons leave such protection and are within 500 feet of 

the UA, flight operations must cease immediately in a manner ensuring the safety 

of nonparticipating persons; and

b. The owner/controller of any vessels, vehicles or structures has granted permission 

for operating closer to those objects and the PIC has made a safety assessment of 

the risk of operating closer to those objects and determined that it does not 

present an undue hazard.

The PIC, VO, operator trainees or essential persons are not considered 

nonparticipating persons under this exemption.

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

permission from the property owner/controller or authorized representative. 

Permission from property 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.

If this exemption permits operations for the purpose of closed-set motion picture and 

television filming and production, the following additional conditions and limitations apply.

29. The operator must have a motion picture and television operations manual (MPTOM) 

as documented in this grant of exemption.
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30. At least 3 days before aerial filming, the operator of the UAS affected by this 

exemption must submit a written Plan of Activities to the local Flight Standards 

District Office (FSDO) with jurisdiction over the area of proposed filming. The 3-day 

notification may be waived with the concurrence of the FSDO. The plan of activities 

must include at least the following:

a. Dates and times for all flights;

b. Name and phone number of the operator for the UAS aerial filming conducted 

under this grant of exemption;

c. Name and phone number of the person responsible for the on-scene operation of 

the UAS;

d. Make, model, and serial or N−Number of UAS to be used;

e. Name and certificate number of UAS PICs involved in the aerial filming;

f. A statement that the operator has obtained permission from property owners 

and/or local officials to conduct the filming production event; the list of those 

who gave permission must be made available to the inspector upon request;

g. Signature of exemption holder or representative; and

h. A description of the flight activity, including maps or diagrams of any area, city, 

town, county, and/or state over which filming will be conducted and the altitudes 

essential to accomplish the operation.

31. Flight operations may be conducted closer than 500 feet from participating persons 

consenting to be involved and necessary for the filming production, as specified in the 

exemption holder’s MPTOM.

Unless otherwise specified in this grant of exemption, the UAS, the UAS PIC, and the UAS 

operations must comply with all applicable parts of 14 CFR including, but not limited to, 

parts 45, 47, 61, and 91.

This exemption terminates on July 31, 2017, unless sooner superseded or rescinded.

Sincerely,

/s/

John S. Duncan

Director, Flight Standards Service

Enclosure
Elite Aerial Images

3210 Bird Dr - Erie - PA 16510

814-897-9637

1

U.S. Department of Transportation

Docket Management System March 16, 2014

1200 New Jersey Ave. SE

Washington, DC 20590

Re: Exemption Request Section 333 of the FAA Reform Act

Dear Sir/Madam

I am submitting this petition on my own, on the behalf of my company Elite Aerial Images, Co. 

without the aid of legal council.

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

14 C.F.R. Part 11, Elite Aerial Images, Co. (EAI) which is owned and operated by Douglas 

Woodcrafters, Co., a sole proprietor, operating in the State of Pennsylvania. 

EAI who has been building and operating Small Unmanned Aircraft Systems for the past 5 years, 

wishes to apply for an exemption from the Federal Aviation Regulations (FAR) listed below to 

allow operation of our sUAS commercially in airspace regulated by the Federal Aviation 

Administration (FAA) so long as such operations are conducted with and under the conditions 

outlined herein or as may be established by the FAA as required by Section333.

The requested exemption would permit EAI to pursue its commercial interests in providing services 

to companies interested in aerial data that can only be captured by using newly developed sUAS in 

the following areas:

 Surveying and 3D aerial mapping

 Agriculture crop assessment and growth patterns

 Golf course management

 Insurance company claim assessment

 Special events

 Construction site and ecological impact assessment

EAI asserts that all sUAS flights that will occur over private or controlled access property will do 

so with the property owner’s consent and knowledge and that only people who have consented or 

otherwise have agreed to be in the area where flight activity is taking place. Additionally, I am a 

private pilot with 3,000 hours of flight time logged and am the sole operator of the sUAS we own 

and operate. Our observers will attend ground school to be taught the rules and regulation as they

pertain to operating private aircraft under Visual Flight Rules (VFR) over civilian population areas 

as described and set fourth in the Aeronautical Information Manual.
Elite Aerial Images

3210 Bird Dr - Erie - PA 16510

814-897-9637

2

The substance of this request is essentially the same as that granted to Falcon Sky Cam 

Regulatory Docket No. FAA-2014-0884 in that EAI is engaged in aerial photography of land, 

buildings, and insurance claims, by using remote controlled sUAS to see the condition of fields, 

crops, ecological impact, and financial losses do to destruction by fire and other natural disasters, 

without the need to drive over or climb on the property being so assessed.

EAI has equipped each of our sUAS aircraft GoPro cameras for aerial photography including video 

and still pictures and special lens adaptations to make them very accurate in the 3 D mapping 

activity. By doing so we have the ability to produce high-resolution photography of remote 

locations that would be difficult or dangerous to reach on foot. This would be especially

problematic while doing loss claim work for insurance companies.

EAI exemption request would permit us to operate lightweight, unmanned (remotely controlled in 

line of sight) sUAS’s in tightly controlled and limited airspace. Predetermined, specifically marked 

areas of operation as well as Global Positioning Satellite (GPS) navigation maps which incorporate 

restricted, no fly zones and control zones of airports, will allow EAI to operate within current safety 

parameters as well as the new ones being implemented.

The Extent of Relief EAI Seeks and Its Justification for Such Relief:

Regulation from EAI request exemption:

14 C.F.R. 61.113(a) and (b)

14 C.F.R. 91.7(a)

14 C.F.R. 91.9(b) (2)

14 C.F.R. 91.109

14 C.F.R. 91.119

14 C.F.R. 91.121

14 C.F.R. 91.151(a)

14 C.F.R. 91.205(b)

14 C.F.R. 91.215

14 C.F.R. (91.401-91.417)

Unmanned Aircraft System

sUASs are seen as a better photographic platform to helicopters because these smaller devices are 

less expensive, they produce less noise, and they have much less environmental impact and are less 

likely to cause injury to the public and or property.
Elite Aerial Images

3210 Bird Dr - Erie - PA 16510

814-897-9637

3

I am petitioning for exemption to enable EAI to operate DJI Phantom2, v2, systems, equipped with 

a 3 axis Zenmuse Gimbal, and a GoPro Hero 4, Black camera. This sUAS has a built in capacity to 

limit the height it flies above the ground, to limit the radius of the distance it flies from the operator 

and to exclude it for Class B, C, and D airspace including No Fly Restricted Zones. The Phantom 

also has the failsafe feature of the Naza-M autopilot system which means when the communication 

between the main controller and the transmitter is lost, the Phantom will return to the home starting 

point and land safely.

The above specifications meet with the Model Aircraft Operating Standards as set below:

 The petitioner will only operate its sUAS in line of sight of a pilot/observer and will operate 

at sites that are sufficient distance from populated areas within the sterile area described in 

the FOPM. Such operations will insure that the sUAS will not create a hazard to users of 

the national airspace or the public.

 When flying sUAS within 3 miles of an airport, airport operators will be notified and the 

operator will give the right of way to avoid flying in the proximity of full scale aircraft.

 Maximum flight time for each operational flight will be 30 minutes.

 Flights will be terminated at 25% battery power reserve should that occur prior to the 30 

minute limit.

 The sUAS will be programmed so it will not be operated at an altitude of no more than 4oo 

feet AGL, and not more than 200 feet above a fixed platform from which operations are 

conducted.

 The minimum crew for each operation will consist of the sUAS pilot and the Visual 

Observer.

 The sUAS pilot will be an FAA licensed Private Pilot with a Second Class Medical 

Certificate.

 The sUAS will weigh less than 55 pounds including its payload of camera and gimbal.

 The sUAS will fly no more than 50 knots and can hover plus move horizontally and 

vertically.

 Given the small size of the sUAS, and the restricted airspace within which it will operate, I 

believe our sUAS operations will comply with both the spirit and the rules intended by the 

Reform Act safety requirements.

Additionally, the fact that I am a private pilot and hold a FFA Pilots License demonstrates that I 

have a high regard to safe operations with a through understanding of the FAR’s, preflight 

inspections, maintenance and repair, operations within airspace, as well as being trained to high 

safety standards.
Elite Aerial Images

3210 Bird Dr - Erie - PA 16510

814-897-9637

4

As part of this request for exemption, I (EAI) give my personal assurance that all persons involved 

in aerial operations have completed sUAS education and training including all applicable 

regulations and guidance documents.

I respectfully request exemption under Section 333 to enable EAI to operate efficient, limited, lowrisk commercial sUAS operations for the activities stated, respecting at all times, the space and 

privacy of citizens and property as we keep our skies safe.

Sincerely yours,

Douglas R. Duer

Owner/Elite Aerial Images, Co.

3210 Bird Drive

Erie, Pennsylvania 16510

814-897-0637