10 / 23 /2015

U. S. Department of Transportation Docket Management System 1200 New Jersey Ave., SE Washington, DC 20590

Re: Exemption Request Section 333 of the FAA Reform Act

Dear Sir or Madam:

Pursuant to Section 333 of the FAA Modernization and Reform Act of 2012 (the Reform Act) and 14 C.F.R. Part 11, Elevate UAS LLC

, a small family owned business and operator of Sm all Unmanned Aircraft Systems ( sUAS ), hereby applies for an exemption from the listed Federal Aviation Regulations (“FARs”) to allo w pre

- planned, controlled commercial operation of its s UAS , so long as such operations are conducted within and under the conditions outlined herein or as may be established by the Federal Aviation Administration (FAA) as required by § 333.

Elevate UAS LLC will provide on

- demand commercial sUAS operation s for public and private sector clients for the following applications below:

Aerial Vi deography & Photography/Mapping

Real Estate

Agriculture Survey

Forestry Photography/Mapping

Gravel , Mining and other E xtracti on R esource Photography/Mapping

Construction Mapping/Inspection

Infrastructure Inspection

Scientific Research

Environmental Assessment

These operations will only be conducted within an d under the conditions outlined herein or as may be established by the FAA as required by Section 333. As detailed below, the requested exemption would permit the operation of sUAS under controlled conditions in airspace that is 1) limited 2) predetermined 3) controlled and 4) would provide safety and enhancements to clients’ business operations . Approval of this exemption would thereby enhance safety and fulfill the Secretary of Transportation’s (the FAA Administrator’s) responsibilities to “...establish requirements for the safe operation of such aircraft systems in the national airspace system.” Section 333(c) of the Reform Act.2 **The name and address of the applicant is:**

Elevate UAS LLC 1554 Walnut St Eugene, OR 97403 Phone 541

- 521

- 6670 Colgan Smith, CE O Email: c smith@ Elevate UAS .com
**Regulations from which the exemption is requested:**

14 CFR 21; 45.23 (b )

14 CFR 61.133 (a) & (b )

14 CFR 91.7 (a)

14 CFR 91.9 (b) (2)

14 CFR 91.109 (a)

14 CFR 91.119 (c )

14 CFR 91.121

14 CFR 91.151 (a)

14 CFR 91.203 (a) & (b)

14 CFR 91.405 (a)

14 CFR 91.407 (a) (1)

14 CFR 91.409 (a) (1) & (2)

14 CFR 91.417 (a) & (b)

**I. FAA EXEMPTION AUTHORITY** 

Section 333(b) of the Reform Act looks to ensure that any and all sUAS operations in the National Airspa c e System (NAS) do not create a hazard to the user, the public, or are a threat to national security. In making this determination, the Secretary will consider the specifications of the sUAS (including the size, weight, speed and operational capability)

as well as the population of the surrounding area during flight, proximity to airports, and other safety protocol such as hav ing the Pilot (PIC) be within Visual Line of Sight (VLOS) at all times.

Elevate UAS LLC requests permission to operate a very lightweight sUAS of 1280 grams ( under 3 pounds ) that has a maximum speed of 16 meters/second ( less than 32 knots) at altitudes lower than 400 feet AGL . Flights will be limited to 20 minutes , be pre

-3 determined and have verbal or written consent from l andowners. Elevate UAS LLC will only operate in safe conditions as outlined in the Mission Plan Worksheet (see Appendix, Exhibit I), and the PIC will maintain VLOS at all times. Given the safety features of the proposed sUAS and the restricted and safe en vironment in which operations will occur, as well as the strong equivalent level of safety surrounding the proposed exemptions, Elevate UAS LLC requests permission to conduct commercial operations that will be of significant public benefit.

Limitations an d conditions for operation will achieve an equivalent or higher level of safety. Elevate UAS LLC will adhere to limitations and conditions in conducting its commercial operations including:

• The sUAS will be less than 20 pounds including payload

.

• The sUAS will not be operated at a speed exceedin g 32 knots.

• A pre

- flight inspection will take place prior to each flight to ensure safe conditions, and if the conditions are deemed unsafe, then the flight will not take place ( s ee Appendix , Exhibit II )

.

• Flights will have a maximum flight time of 20 minutes. The sUAS calculates battery reserve in real time and return s to the ground station with 20% battery
power reserve if that occur s before the 20

- minute flight time.

• Flights will be operated with a radio frequ ency of 2.400

- 2.483 GHz.

• Flights will nev er exceed 400 feet AGL

.

• The designated flight area will be at least 500 feet from nonparticipating persons, vehicles, vessels, or structures unless approval is granted prior to flight.

• Flights will only take place during the daytime

.

• Each operation will consist of th e sUAS Pilot (PIC) and Visual Observer (VO) , as required, who will keep the sUAS within visual line of sight (VLOS) at all times

.

• The sUAS will only operate within a planned flight profile, unless conditions warrant a different path due to changing c onditions and environment

.

• All flights will be conducted within set guid elines of weather constraints

.

• All flight s will be conducted 5NM outside o f designed airport reference point (ARP) as indicated in the current FAA Airport/Facility Directory (AFD)

.

• PIC will possess a n active private pilot license or higher , approved by the FAA

, and a n active U.S. driver’s license. The PIC will also have logged a minimum of five hours operating the make/model of the sUAS within the previous 90 days. PIC will submit a PIC application (see Appendix , Exhibit VII ) before operating a sUAS for commercial purposes.

• Prior to each flight, a briefing will be conducted in regard to the planned s UAS operation

. Attendance will be mandatory for personnel who will be performing duties within the boundaries of the safety perimeter.

• PIC will abort a flight if there are unex pected obstacles or emergencies.

• Necessary written or verbal permissions and permits will be obtained from property owner or authorized representative, territorial, state, county or city jurisdictions, including local law enforcement, fire, or other appropriate governmental agencies.4 • The sUAS Pilot will receive up

- to

- date information on the sUAS they are operating

.

• The sUAS will not be operated by the PIC from any moving device or vehicle

.

• The applicant will obtain a Certificate of Wai ver or Authorization (COA) from the Air Traffic Organization (ATO) prior to con ducting operations in the NAS.

• Any incident, accident or boundary transgression as determined by the COA will be reported within 24 hours to the FAA’s UAS Integration Office (AFS

- 80) and all accidents will be reported to the National Transportation Safety Board (NTSB)

.

**II. THE PROPOSED**  **s UAS** 

The DJI Phantom 3 Advanced is a popular quad

- copter with a weight of 1280 grams, or just over 2.8 pounds , including the battery and propellers. The DJI Phantom 3 Advanced comes equipped with a lightweight high definition camera. The maximum speed is 16
mete rs/second, which is just over 31 knots

. Battery life limits flights to approximately 23 minutes under ideal conditions

. To maintain geospatial orientation, the sUAS utilizes an internal inertial measuring unit (IMU) with an integrated barometric sensor augmented with global positioning system (GPS). The PIC obtains real time video and telemetry in formation at the ground control station in order to monitor battery level, GPS signal strength, altitude (AGL), dis tance from PIC, camera imagery and control camera angle.

The DJI Phantom 3 Advanced has several autopilot safety features that include “Auto

Takeoff” where by a single button initiate s motors, lifting the sUAS to a pre

- specified maximum height set by the PIC where it will hover until directed. The “Auto

- Return Home” button can be used whenever there is a GPS signal, and the sUAS recalls where
t he flight began and returns on command. T he “Failsafe” feature returns the sUAS to the original takeoff site and lands safely when the Intelligent Battery Signal is low or there is loss of communication with the PIC

. In addition , the Intelligent Battery Signal has built

in sensors and bright LEDs that update the battery status in real

- time. The sUAS continuously calculates distance and amoun t of power needed to return to the ground station , and does so if it reaches a critically low battery level. The Phantom 3 Advanced is also equipped with a vision positioning system , which uses ultrasonic signals to detect the ground surface at heights between 0.3 and 3 meters

. The “No Fly Zone” feature

, put forth by the sUAS manufacturer DJI, ensures the sUAS do es not fly within restricted flight areas. These safety features greatly re duce the danger of human error. The area of operation will be controlled and restricted, and all flights will be planned and coordinated in advance as set forth in the Mission Plan Worksheet (see Appendix , Exhibit I )

.

**III. PUBLIC INTEREST** 

The integration of sUAS for aerial survey, mapping, inspection, photography and videography will provide a service that industries are either using currently with traditional aircraft or seeking to use but cannot afford. By utilizing sUAS versus manned aircraft, there is increased public safety through the light

- physical nature of the sUAS that reduces damage in the case of accidents and through a reduction in carbon emissions and5 noise pollution. For those currently unable to use traditional aircraft due to the high cost, sUAS will provide a service never available before that can help businesses be more efficient and successful.

Elevate UAS LLC will use sUAS that are battery powered, lightweight, fl y close to the ground and kept within visual line of sight (VLOS), and therefore , provides a safer alternati ve to manned aircraft that are much heavier , include risk to the operator and carry large amounts of combustible fuel. This alternative provides a great benefit to the public and those around the operations as the potential collateral damage to life and property in the air and on the ground is much smaller

. Moreover, the sUAS is battery powered and releases zero ca rbon emissions as opposed to traditiona l manned aircraft, which carry liquid fuel that is combusted and emitted directly to the atm osphere. Elevate UAS LLC uses a sUAS with a rechargeable lithium ion battery rather than burning fossil fuels, thus greatly r educing the environmental impact of aerial imaging and data collection. Noise pollution is al so greatly reduced when using a sUAS

, as it is propelled by small battery powered electric motors as opposed to an internal combustion engine.

Not only will the use of sUAS increase safety and reduce environmental impact, but it will also create an affordable option for companies to collect and analyze data that has never been available before. Where aerial data collection used to only be available to a few, this technology will enable all companies of every size the ability to collect and analyze pertinent information that will ultimately provide more job s, increase the quality of work and lead to greater technological innovations within multiple and diverse indu stries.

**IV. SPECIFIC REGULATIONS** 

**14 C**

**. F** 

**. R** 

**. §**  **45.23 (b)** 

**- Display of Marks; general** 

The regulation requires: 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 2 inches nor more than 6 inches high, the words “limited,” “restricte d,” “light

- sport,” “experimental,” or “provisional,” as applicable.

As the s UAS will have no cabin, cockpit, or pilot station, Elevate UAS LLC is unable to display these marks, and therefore requests exemption from this regulation. Due to the size of the DJI Phantom 3 Advanced

, 2 inch lettering is not possible. In order to provide an equivalent level of safety, Elevate UAS LLC request s permission to have the sUAS marked “Experimental” on its fuselage where the identification can be viewed clearly in lettering as large as practical

.
**14 C**

**. F** 

**. R** 

**. § 61.133(a)&**  **(b)**

**- Commercial pilot privileges and limitations** 6 These sections indicate that no person with a private pilot license may act in command of an aircraft for compensation or hire. Elevate UAS LLC requests exemption from having a commercial license as the proposed operations can match an equivalent level of safety with a FAA Certificated Private Pilot . This is due to the fact that there is inherently less risk in operating a sUAS as it will not carry a pilot, passengers or cargo, will not have explosive or flammable material and will weigh less than 20 pounds including payload.

**14 C**

**. F** 

**. R** 

**. §**  **91.7 (a)** 

**– Civil Aircraft Airworthiness** 

The regulation requires that no person may operate a civil aircraft unless it is in airworthy condition. However, t here is no airworthiness certificate issued for the aircraft. Given the specifications for the sUAS requested for exemption, including the small size and restricted nature of flight s , an equiv alent level of safety will be achieved by continued compliance with the DJI manuals prior to flight without having an airworthiness certificate

.

**14 C**

**. F** 

**. R** 

**. §**  **91. 9(b)(2)**

**– Civil Aircraft Flight Manual Requirements** 

This regulation indicates that: No person may operate a U.S.

- registered civil aircraft

— ... unless there is available in the aircraft a current, approved Airplane or Rotorcraft Flight Manual or the manual provided.

Due to the size and configuration of the sUAS , it is incapable of carrying a flight manual on the aircraft. As the PIC will be on the ground, an equivalent level of safety will be achieved with the flight manual kept at the ground control point where the Pilot has immediate access to it.

**14 C.F.R. § 91.109 (a)** 

**– Flight Instructi**  **on**

This regulation provides that: No 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.

The sUAS do es not have fully functioning dual controls by design. Flight control for the sUAS is conducted through the use of a control box that communicates with the aircraft. The equivalent level of safety will be achieved with proper training prior to commercial
ope rations, which is appropriate given the size and speed of the sUAS and the fact that no persons will be aboard the aircraft.

**14 C.F.R. § 91.119 (c)** 

**– Minimum Safe Altitudes** 

This regulation gives minimum flight altitudes for aircrafts. Specifically, part (c)

, which refers to areas other than congested areas, indicates that : Except when necessary for takeoff or landing, no person may operate an aircraft below the following altitudes...An altitude of 500 feet above the surface, except over open water or sparsely populated areas. In those cases, the aircraft may not be operated closer than 500 feet to any person, vessel, vehicle, or structure.7 Elevate UAS LLC will comply with the exemptions for sUAS flight that stipulate the maximum flight altitude is 400 feet AGL, which make this regulation impossible to observe. The lightweight nature of the s UAS , the approval and knowledge by landowners that flight will be occurring in a pre

- defined flight area and the fact that ther e are no persons on board make it much less of a risk to fly at lower altitudes, and provide an equivalent level of safety

. **14 C.F.R. § 91.121**

**– Altimeter Settings** 

This regulation requires that: each person operating an aircraft shall maintain the cruising altitude or flight level of that aircraft...by referenc e to an altimeter that is set “to the elevation of the departure airport or an appropriate altimeter setting available before departure

. ”

The s UAS do es not have a barometric altimeter, but instead utilizes a GPS altitude, making it necessary to have an exemption for flight

. An equivalent level of safety will be achieved by the operator , pursuant to the manufacturer’s flight m anual and Pre

- flight C hecklist (see Appendix, Exhibits IX and II) , by using l ive flight monitoring that will read the elevation of the pre

- flight launch site as well as AGL elevation on the Aircraft Status I ndicator to confirm the altitude.

**14 C.F.R. § 91.**  **151 (a)** 

**– Fuel Requirements** 

This requirement stipulates that: 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...During the day, to fly after that for at least 30 minutes.

As the s UAS under consideration is battery operated and not powered by fuel, an exemption is needed. An equivalent level of safety is achieved through the safe ty features of the DJI Phantom 3 Advanced

. These include t he “Failsafe” feature that returns the sUAS to the original takeoff site and lands safely when the Intelligent Battery Signal is low

, as well as the built

- in sensors of the Intelligent Battery Signal that update the battery status in real

- time , continuously calculating distance and am ount of power needed to return to the ground station , which it does if it reaches critically low battery level

. These safety features, as well as limiting flights to 20 m inutes, will ensure that the sUAS has enough battery power to land safely during each flight.

**14 C.F.R. § 91.203(a)& (b)** 

**– Civil Aircraft: Certifications Required** 

The regulation provides in pertinent part: Except as provided in § 91.715, no person may operate a civil aircraft unless it has within it the following: An appropriate and current airworthiness certificate. . . . 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.8 As s UAS do not have a cabin or cockpit entrance, there are no passengers or crew to view the certificate. Given the small size of the s UAS and its general composition, there is no ability to carry certification or other documents aboard the aircraft. An equivalent level of safety will be achieved by having these documents at the ground control point where the Pilot has immediate access to them

.
**14 CFR § 91.405**  **(a) , 407(a)**  **(1) , 409(a)**  **(1) &(2), 417(a)&**  **(b)**

**– Maintenance, Inspections** 

These regulations require that each aircraft operator or owner “ sha ll have that aircraft inspected as prescribed in subpart E of this part and shall between required inspections, except as provided in paragraph (c) of this section, have discrepancies repaired as prescribed in part 43 of this chapter”..., and others shall inspect or maintain the aircraft in compliance with Part 43. As these secti ons and Part 43 apply only to aircraft with an airworthiness certificate, and the s UAS being requested for use do es not have an airworthiness certificate

, Elevate UAS LLC respectfully request s exemption from these regulations.

The operator of the s UAS will perform or have maintenance performed on the ai rcrafts pursuant to the flight m anual and operating handbook (see Appendix, Exhibit IX) . If maintenance, alteration or repair is required, a functional test fight will be performed and recorded to ensure the s UAS is in good working condition before flight in order to achieve an equivalent level of safety (see Appendix, Exhibit VI)

.
Given the small size of the s UAS , the fact that no persons will be onboard, operation will occur in restricted and pre

- approv ed areas, and the relative simplicity of the s UAS components co mpared to other aircrafts, Elevate UAS LLC believe s an equivalent level of safety is met through pre

- flight inspections which will occur before each flight and through following the s UAS manufa cturer’s maintenance, overhaul, replacement, inspection and life limit requirements for the aircraft and its components.

**V. CONCLUSION** 

Approval of exemptions allowing commercial operations of sUAS will reduce safety risks from manned aircraft operations, eliminate carbon emissions and noise pollution and be cost effective for businesses across industries. There is an equivalent level of safety met through the lightweight, low

- flying, controlled and pre

- determined nature of the sUAS and through other legal and safety pro cedures directed by the FAA, UAS manufacturer and common sense

. Due to the strong equivalent level o f safety and clear public good, Elevate UAS LLC respectfully requests exemption and permission to safely operate a sUAS in the NAS for commer cial purposes.

Respectfully,

Colgan B. Smith Elevate UAS LLC