July 17, 2015

Exemption No. 12067 Regulatory Docket No. FAA

– 20 15

– 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 exempti on . The petitioner requested to operate an unmanned ai rcraft system (UAS) to conduct surveying and 3D aerial mapping ; agriculture crop assessment and growth patterns ; golf course management ; in surance company claim assessment ; special events ; construction site ; and ecological impact assessment

.
See Appendix A for the petition submitted to the FAA des cribing 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 i s a DJI Phantom 2

.2

I n accordance with the statutory criteria provided in Section 333 of P ublic 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

, C ertification 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 si milar in all material respects to those presented in your petition. In Grants of Exemption No s

. 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 Lab s , 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 t han 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 requesti ng 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 Limit ations

In this grant of exemption, Elite Aerial Images, Co. is hereafter referred to as the operator.3

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 exemp tion

.

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 mor e 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

co rrective 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 ;

e lectronic 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 con duct 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 Adm inistrator 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 o perator 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 Administrat or or any law enforcement official upon request. The4

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 b asis upon which the FAA granted this exemption, then the operator must petition for an amendment to its grant of exemption. The FA A’s UAS Integration Office (AFS− 80) may be contacted if questions arise regarding updates or revisions to the operating docum ents.

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

- fl ight 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 Col u mbia, Puerto Rico, a territory, a possession, or the Federal government. The PIC must also meet the flight revi ew 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

op erated 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 VOs5

(traini ng, 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 exemp tion are permitted under the terms of this exemption. However, training operations may only be conducted during dedicated training sessions. During traini ng, proficiency, and experience

- building flights, all persons not essential for flight operations ar e 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 conducte d 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 Directo ry (AFD) or for airports not denoted with an ARP, the center of the airport symbo l 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 f rom a cloud or when visibility is less than 3 statute miles from the PIC.

18. If the UAS loses communications or loses its GPS sign al, the UA must return to a

pre

- determined location within the pr ivate or controlled

- access property.

19. The PIC must abort the fl ight 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 cond ucted 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, regis tered 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.6

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 offici al 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 f rom 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 nonparti cipating 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 perso ns ; 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

prese nt 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 control led

- 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 bound aries of the operational area as defined by the applicable COA must be reported to the FA A'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 N TSB 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.7

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 a rea 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 th e person responsible for the on

- scene operation of the UAS; d. Make, model, and serial or N− Number of UAS to be u sed;

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 mu st 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.

Unl ess 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 so oner 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 Sy stem 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 m y compan y 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 Penns yl vania.

EAI who has been building and operating Small Unmanned Aircraft Sy stems for the past 5 y ears, wishes to apply

for an exemption from the Federal Aviation Regulations ( FAR) listed below to allow operation of our sUAS commerciall y in airspace regulated b y the Federal Aviation Administration (FAA) so long as such operations are conducted with and under the conditions outlined herein or as may be established b y the FAA as r equired 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 b y using newly developed sUAS in the following areas:

 Survey ing an d 3D aerial mapping

 Agriculture crop assessment and growth patterns

 Golf course management

 Insurance compan y claim assessment

 Special events

 Construction site and ecological impact assessment

EAI asserts that all sUAS flights that will occur over private or controlled access propert y will do so with the propert y owner’s consent and knowledge and that onl y 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 3,0 00 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 civili an 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, wi thout 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 photograph y 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 abilit y 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 (remotel y controlled in line of sight) sUAS’s in tightly controlled and limited airspace. Predetermined, specifically marked areas of operation as well as Global Positioning Satelli te (GPS) navigation maps which incorporate restricted, no fl y 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 cau se injury

to the public and or propert y.

# Elite Aerial Images

**3210 Bird Dr**

**- Erie** 

**- PA 16510** 
**814**

**- 897** 

**- 9637** 

3 I am petitioning for exemption to enable EAI to operate DJ I Phantom2, v2, sy stems, equipped with a 3 axis Zenmuse Gimbal, and a GoPro Hero 4, Black camera. This sUAS has a built in capacit y to limit the height it flies above the ground, to limit the radiu s of the distance it flies from the operator and to exclude it for Class B, C, and D airspace including No Fl y Restricted Zones. The Phantom also has the failsafe feature of the Naza

- M autopilot sy stem 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 safel y.

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

 The petitioner will only operate its sUAS in line of sig ht 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 p ublic.

 When fly ing sUAS within 3 miles of an airport, airport operators will be notified and the operator will give the right of way to avoid fl yi ng 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 pay load of camera and gimbal.

 The sUAS will fly

no more than 50 knots and can hover plus move horizontally and verticall y.

 Given the small size of the sUAS, and the restricted airspace within which it will operate, I believe our sUAS o perations will comply with both the spirit and the rules intended by the Reform Act safet y requirements.

Additionally , the fact that I am a private pilot and hold a FFA Pilots L icense demonstrates that I have a high regard to safe operations with a throu gh understanding of the FAR’s, preflight inspections, maintenance and repair, operations within airspace, as well as being trained to high safet y 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 in volved 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, low

risk 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.

Sincerel y yours,

Douglas R. Duer Owner/Elite Aerial Images, Co. 3210 Bird Drive Erie, Penns yl vania 16510 814

- 897

- 0637