June 5, 2015

Exemption No. 11749 Regulatory Docket No. FAA

– 20 15

– 0872

Mr. Blaine N. Miller
Owner
Elevated Cinematics LLC
623 Grecken Green Peachtree City, GA 30269

Dear Mr. Miller :

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 26, 2015 , you petitioned the Federal Aviation Administration (FAA) on
behalf of Elevated Cinematics LLC ( hereinafter petitioner or operator ) for an exemption . The petitioner requested to operate an unmanned ai rcraft system (UAS) to conduct collection of aerial photo and video assets

.

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 are the DJI Phantom 2 and the Tarot 680

In 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 limited2

operating area associated with the aircra ft 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 1

. The FAA has issued grants of exemption in circumstances similar 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 pe titioner 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 granti ng 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.
Th erefore, pursuant to the authority contained in 49 U.S.C. 106(f), 40113, and 44701, delegated to me by the Administrator, Elevated Cinematics LLC 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 limi tations listed below.

1 Aerial data collection includes any remote sensing and measuring by an instrument(s) aboard the UA. Examples include imagery (photography, video, infrared, etc.), electronic measurement (precision surveying, RF analysis, etc.), chemical measurement (par ticulate measurement, etc.), or any other gathering of data by
instruments aboard the UA.3

Conditions and Limitations

In this grant of exemption, Elevated Cinematics LLC is hereafter referred to as the operator.

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 and
Tarot 680 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 ;

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 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 dur ing 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 pr ecedence and must be followed.4

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 operator must also present updated and revised documents if it petitions for extension or amendment to this grant of exemption. If the operator determine s 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 FA A’s UAS Integration Office (AFS− 80) may be contacted if questions arise regar ding 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 pr ior 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 po se 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 aircraf t 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 req uirements 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 be5

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 (traini ng, proficiency, and experience

- building) and determining the PIC’s ability to safely operate the UAS in a manner consistent wit h 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
traini ng, 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
deno ted in the current FAA Airport/Facility Directory (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 obt ained 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 fe et 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 sign al, the UA must return to a

pre

- determined location within the pr ivate or control led

- 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 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 exemp tion must be identified by serial number, registered in accordance with 14 CFR part 47, and have identification6

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

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 o perations 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 ac cident. 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 manne r 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 thos e 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 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 op eration that transgresses the lateral or vertical boundaries 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 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 a dditional conditions and limitations apply.7

29. The operator must have a motion picture and television operations manual (MPTOM) as documented in this grant of exemption.

30. At least 3 days before aerial filming, the operator of the UAS affected by this exempti on 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 inclu de 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. Mak e, 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 June 30, 2017 , unless sooner superseded or rescinded.

Sincerely,

John S. Duncan Director, Flight Standards Service

EnclosuresElevated Cinematics LLC
623 Grecken Green Peachtree City GA 30269 PH: (770) 377-7469

March 26, 2015

United States Department of Transportation

Federal Aviation Administration Docket Operations 1200 New Jersey Avenue SE Washington DC 20590



### Re: Petition for an exemption seeking relief from specific sections of Title 14
CFR under Section 333 of the FAA Modernization and Reform Act of 2012 (Public Law 112-95)

Dear Sir or Madam:

Pursuant to Section 333 of the FAA Modernization and Reform Act of 2012 and 14 CFR Part 11, Elevated Cinematics LLC hereby seeks an exemption from the Federal Aviation Regulations as detailed below for the purpose of conducting commercial Unmanned Aerial System (UAS) operations in the National Airspace System (NAS).

1

### TABLE OF CONTENTS

Page

GLOSSARY OF ABBREVIATIONS..................................................................3

NAME AND ADDRESS OF THE PETITIONER...................................................4

BACKGROUND AND OPERATING DESCRIPTION.............................................5

SPECIFIC SECTIONS OF 14 CFR FROM WHICH

ELEVATED CINEMATICS LLC SEEKS EXEMPTION AND

THE EXTENT OF RELIEF SOUGHT AND THE REASON

THAT THE RELIEF IS SOUGHT......................................................................9

THE REASONS WHY GRANTING THE REQUEST

WOULD BE IN THE PUBLIC INTEREST..........................................................13

THE REASONS WHY GRANTING THE REQUEST

WOULD NOT ADVERSELY AFFECT SAFETY...................................................14

SUMMARY SUITABLE FOR THE PUBLIC REGISTER.........................................14

ADDITIONAL INFORMATION, VIEWS, AND ARGUMENTS AVAILABLE TO SUPPORT ELEVATED CINEMATICS LLC’S REQUEST...................15

ADDENDUM..............................................................................................16

- Elevated Cinematics LLC Preflight Safety Checklist

- DJI Phantom 2 Manual - Tarot 680 with DJI Naza Flight Controller - Tarot 680 Ground Control System

- FCC License - AMA Safety Code

2

### GLOSSARY OF ABBREVIATIONS

AGL Above Ground Level

ATC Air Traffic Control

ATO Air Traffic Organization

UAV Unmanned Aerial Vehicle

CFR Code of Federal Regulations

COA Certificate of Authorization

FAA Federal Aviation Administration

FAR Federal Aviation Regulation

GCS Ground Control System

GPS Global Positioning System

LOL Loss of Link

NAS National Airspace System

NOTAM Notice to Airman

PIC Pilot in Command

Section 333 FAA Modernization and Reform Act of 2012 Section 333

SOP Standard Operating Procedures

VFR Visual Flight Rules

VLOS Visual Line of Sight

VMC Visual Meteorological Conditions

VO Visual Observer

VTOL Vertical Takeoff and Landing

3

### NAME AND ADDRESS OF THE PETITIONER:

The name and address of the petitioner is:

Elevated Cinematics LLC Blaine N Miller, Owner

623 Grecken Green Peachtree City GA 30269 (770) 377-7469

Airline Transport Pilot # 3286199

FAA First Class Medical Certificate issued 07/21/2014

Southwest Airlines B737 First Officer

FCC Amatuer Radio License # 0023625049 (Copy of FCC License in Addendum )

4

### BACKGROUND AND OPERATING DESCRIPTION

Elevated Cinematics LLC seeks exemption from the requirements of 14 CFR FAR Parts 91.7 (a), 91.9 (b) 2, 91.119, 91.121, 91.151 (a), 91.405 (a), 91.407 (a)1, 91.409 (a) 1 and 2, 91.417 (a) and (b) pursuant to Section 333 of the FAA Modernization and Reform Act of 2012. This exemption will permit Elevated Cinematics LLC to obtain an appropriate Certificate of Authorization to operate the described UAV aircraft below within the NAS for the commercial purpose of collecting aerial photo and video assets.

Elevated Cinematics LLC was formed in 2015 by Blaine N Miller. Mr. Miller is an active Part 121 commercial pilot for Southwest Airlines, holding ATP certificate # 3286199 with Type Ratings in the EMB 120, EMB145, DC-9, and B737 aircraft, and holds a valid FAA First Class Medical Certificate. Mr. Miller has been flying RC aircraft recreationally and competitively for over 30 years and has 2 years of experience operating the type of UAVs that will be flown under the desired exemption.

Elevated Cinematics LLC seeks to provide aerial photo and video services for a variety of clients to include residential/commercial real estate brokers, insurance companies, and roofing / construction contractors. As set forth in this petition, Elevated Cinematics LLC seeks to commercially operate it UAVs with the highest level of safety and professionalism consistent with Mr. Miller’s long history as an aviation professional.

Description of the UAV aircraft and ground control station (GCS):

DJI Phantom 2:

The DJI Phantom 2 is a small quadcopter that takes off and lands vertically (VTOL) and is powered by 4 electric motors and a 5200 milliampere lithium polymer battery pack. It has a ready to fly gross weight of 2.2 pounds and can fly a mission of about 14 minutes duration on a fully charged battery, and has a maximum airspeed of approximately 29 knots. It has a sophisticated onboard flight controller with GPS integration that provides stabilized flight and extremely precise control from the portable Ground Control Station (GCS). There is a flight telemetry system that delivers flight data from the onboard flight computer to the GCS including altitude AGL, horizontal and vertical speed, battery voltage, compass direction of flight and direction back to the takeoff point. The flight controller also has many built-in safety features that will command the Phantom to return to the takeoff point in the event of a Loss of Link (LOL). There is a low battery voltage indication at 20% battery power remaining, and a “hard” warning at 15% remaining that will begin a slow descent for landing. The user can define maximum flight parameters such as altitude and/or lateral distance from the GCS. The Phantom 2 has a 3 axis gimbal that provides stabilization for a small digital camera allowing for smooth

5and accurate photo and video acquisition. The Phantom 2 carries a low power Video Transmitter that transmits live video feed data to a 7 inch LCD screen that displays live video data to the operator and/or Visual Observer (VO). In the Addendum below is the DJI Phantom 2 User

Manual.

Tarot 680:

The Tarot 680 is a small VTOL hexacopter that is powered by 6 electric motors and a 5000 milliampere lithium polymer battery pack. It has a motor to motor “wingspan” of 30 inches, and has a ready to fly gross weight of 3.8 pounds. It can fly a mission of about 12 minutes on a fully charged battery pack, and has a maximum airspeed of approximately 29 knots. The Tarot 680 has an onboard flight controller (DJI Naza) with GPS integration that has the exact same operating and safety features and flight characteristics as the Phantom 2 described above (including the two battery low level warnings). The camera and camera gimbal carried onboard

the Tarot 680 is the same as carried on the Phantom 2. The GSC for the Tarot 680 consists of a Spectrum DX9 RC transmitter used by the operator to control the UAV, as well as the same 7 inch LCD screen to view live video downlink images. In the Addendum below is a photograph of the Tarot 680 UAV and the related Ground Control System.

Ground Control Station (GCS):

The GCS consists simply of a hand-held RC transmitter used to pilot the UAV and a 7 inch LCD screen attached to the RC transmitter to view the live image of the on board camera. This makes the GCS very portable and allows for flexibility and ease of use. It is also very non-intrusive for observers and non-participants.

6The RC transmitter transmits on the 2.4 GHZ band at a power of 100mw and requires no FCC license to operate.The 7 inch LCD screen receives and displays the video signal being transmitted from the 5.8 GHZ 400 mw video transmitter on board the UAV. This system does require an Amateur Radio License from the FCC. Mr. Miller holds a Technician Operator License from the FCC ( FCC Registration # 0023625049 granted 05-12-2014) - a copy is

included in the Addendum.

Pilot in Command:

Blaine N Miller is the founder and owner of Elevated Cinematics LLC and will be the sole PIC and operator of the UAV being flown. Mr. Miller is an active Part 121 air carrier pilot with more than 17 years of airline experience and over 14,000 flight hours logged. Mr. Miller currently holds and maintains an FAA First Class Medical certificate. Mr. Miller was graduated in 1995 from Embry-Riddle Aeronautical University with the degree of Bachelor of Science in Aeronautical Science. He has flown RC aircraft of various types for more than 30 years and has participated in competitions at the national level. He is a long time member of the Academy of Model Aeronautics (AMA # 154165). He has 2 years experience flying the UAV aircraft that will be flown under the desired exemption, with more than 50 hours of flight time and over 250 flight cycles flying the UAVs to be utilized. He is fully capable and familiar with the various operating procedures, limitations, and safety features of the equipment to be utilized as described in detail above and referenced in the applicable manufacturer manuals (see attached manufacturer manuals in the Addendum). Mr. Miller’s qualifications and experience will allow him to maintain a safe and efficient operation that will preserve public safety and provide a useful and valuable service to both the clients of Elevated Cinematics LLC and the general public.

Visual Observer (VO):

Elevated Cinematics LLC will utilize a VO consistent with FAA and AMA established best practices.



### - All operations will utilize a VO



### - The PIC and VO will be able to communicate by voice at all times



### - The PIC will brief the VO and others concerning the hazards unique to each flight



### - The VO may not operate the aircraft



### - The UAV will be operated in VLOS of the PIC and VO at all times



### - The PIC will be aware of the sight limitations of the VO and plan the flight accordingly



### - Electronic messaging, texting, or any other distracting activity shall not be permitted during flight operations



### - The PIC shall be responsible to ensure that the VO is fully capable of performing the required

duties

7Operating Procedures: UAV operations will be conducted for the purpose of collecting photo and video footage that will be used for assisting real estate brokers in advertising real property for sale, assisting construction and roofing contractors with detailed site inspection and project progress, and capturing other photo and video footage that would be either impractical or impossible using full size aircraft. The proposed operations would be conducted as follows:



### - Before and after each flight, a Preflight Safety Checklist will be completed to ensure UAV and GSC airworthiness and status, as well as the consistency of condition that checklist usage provides instead of reliance on memory ( see detailed Preflight Safety Checklist in

Addendum ).



### - All aircraft will be maintained as part of the Preflight Safety Checklist, which mandates that before flight the UAV, GSC, and its separate components must be updated with the latest firmware version from the manufacturer as spelled out in the applicable Operating Manual. Aircraft will be checked before flight for overall condition, nicks or cracks in propellors, security of all fasteners, and for proper LED status light indications. Flight battery packs will not be used beyond the manufacturers recommended maximum number of cycles.



### - Aircraft flights will terminate with not less than 20% useable battery life, or 3 minutes of flight time remaining



### - Aircraft will be flown at a maximum altitude of 400 AGL and not more than 1/2 mile lateral distance from the PIC and VO to ensure VLOS at all times. Most flight missions require

much less than these maximum distance values. These vertical and horizontal distance limits shall be monitored in real time by the telemetry data displayed on the GSC and will be set within the DJI Flight Controller as manual limits per the DJI Operator Manuals.



### - Aircraft will be flown at a maximum airspeed of 30 knots (35 MPH)



### - The minimum flight visibility for operations shall be 3 statute miles, and a minimum distance from clouds will be maintained (500 ft below and 2000 ft horizontally)



### - Aircraft will never be flown via First Person View (FPV) by either the PIC or VO



### - No flight operations will be conducted at night as defined by 14 CFR 1.1



### - No flight operations shall be conducted closer than 5 nautical miles from any airport 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 as required by the operator’s COA.



### - The UAV will remain clear and yield the right-of-way to all manned aircraft at all times



### - The UAV will not be operated closer than 500 feet to any nonparticipating persons, vehicles, or vessels unless there is a structure or barrier to protect such persons or property from the UAV or debris in the event of an accident, or unless the owner of such vehicles/vessels has granted permission and the PIC has made a safety assessment of risk of operating closer to those objects and determined that it does not present an undue hazard, and that operations nearer to the PIC, VO, operator trainees or other essential persons do not present an undue hazard to those persons per FAR 91.119(a)



### - The UAV will not be operated over any congested or densely populated areas.

8

### - All provisions of the AMA Safety Code (see Addendum) will be adhered to as part of a best practices strategy.

Maintenance:



### - All UAV and GSC equipment will be maintained by checked for manufacturer Firmware updates and Safety Bulletins



### - No alterations or modifications will be performed unless such action will not pose any degradation in safety of performance, and a functional flight test will be performed to verify functionality and safety of the affected equipment.



### - Any maintenance, repair, or alteration will be recorded in an aircraft logbook. PIC performed maintenance will be limited to replacing faulty/worn out components and updating Firmware per manufacturers specifications. Any other maintenance will be performed by the applicable manufacturer or their approved repair facility.



### - Total flight time of the UAV and GSC shall be recorded in the aircraft logbook.



### - Lithium polymer batteries shall not be used beyond the recommended service life or number of cycles as specified by the manufacturer.

The petitioner believes that the described operating procedures and limitations, maintenance plan, combined with the low weight, speed, and limited area of operation described for the intended missions will ensure a measure of safety equal to or greater than a full-size aircraft, and that the public will not be subject to any undue hazard.



### SPECIFIC SECTIONS OF 14 CFR FROM WHICH
ELEVATED CINEMATICS LLC SEEKS EXEMPTION AND

THE EXTENT OF RELIEF SOUGHT AND THE REASON
THAT THE RELIEF IS SOUGHT



### - The petitioner believes that as per Section 333 of PL 112-95, and in consideration of the size, weight, speed, and limited operating area associated with the aircraft and it’s operation, that relief from 14 CFR Part 21 Subpart H regarding Airworthiness Certificates is not necessary and therefore relief is not sought.

FAR Part 91.7(a) prescribes that -

No person may operate a civil aircraft unless it is in an airworthy condition.

9Relief is requested to maintain an airworthy condition by compliance with the operating procedures, checklists, and documents prescribed in this petition prior to every flight.

Far Part 91.9 (b) 2 prescribes that -

(b) No person may operate a U.S.-registered civil aircraft—

(1) 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 or the manual provided for in § 121.141(b) ; and

(2) (2) For which an Airplane or Rotorcraft Flight Manual is not 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.

Relief is requested to comply by keeping all relevant company operating procedures, limitations, logbooks, and checklists in a location accessible to the PIC.

Far Part 91.119 prescribes in part that -

Except when necessary for takeoff or landing, no person may operate an aircraft below the following altitudes: (c) Over other than congested areas. 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.

Relief is sought for FAR 91.119 (c) because that UAV aircraft will be operated below 400 feet AGL and would not be able to comply with this subparagraph. Petitioner would operate in accordance with the limitations described in this petition or by any other limitations the FAA deems necessary.

Far Part 91.121 prescribes in part that -

(a) Each person operating an aircraft shall maintain the cruising altitude or flight level of that aircraft, as the case may be, by reference to an altimeter that is set, when operating— (1) Below 18,000 feet MSL, to—

10(i) The current reported altimeter setting of a station along the route and within 100 nautical miles of the aircraft; (ii) If there is no station within the area prescribed in paragraph (a)(1)(i) of this section, the current reported altimeter setting of an appropriate available station;

or (iii) In the case of an aircraft not equipped with a radio, the elevation of the departure airport or an appropriate altimeter setting available before departure;

or (2) At or above 18,000 feet MSL, to 29.92 ′′ Hg.

Relief is sought because the UAV aircraft does not have a typical barometric altimeter on board, and all reported altitudes will be reported in feet AGL.

Far Part 91.151(a) prescribes that -

(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. (b) No person may begin a flight in a rotorcraft 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, to fly after that for at least 20 minutes.

Relief is sought to operate at less than the prescribed minimums because UAV will never be flown more than 1/2 mile from the point of intended landing, and that safety will be maintained by monitoring the elapsed time in flight, real time battery voltage condition, and the 2 level low battery warnings detailed above in the UAV description. The PIC will never begin a flight unless there is enough power to fly to the intended point of landing at normal cruising speed and still land with 20% battery power remaining.

Far Part 91.405 (a), 91.407 (a) 1, 91.409 (a) 1 and 2, 91.417 (a) and (b) prescribe that -

91.405 (a) Each owner or operator of an aircraft—

11(a) Shall 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;

91.407 (a) 1 (a) No person may operate any aircraft that has undergone maintenance, preventive maintenance, rebuilding, or alteration unless— (1) It has been approved for return to service by a person authorized under §43.7 of this chapter; and

91.409 (a) 1 and 2 (a) Except as provided in paragraph (c) of this section, no person may operate an aircraft unless, within the preceding 12 calendar months, it has had— (1) An annual inspection in accordance with part 43 of this chapter and has been approved for return to service by a person authorized by §43.7 of this chapter; or (2) An inspection for the issuance of an airworthiness certificate in accordance with part 21 of this chapter.

91.417 (a) and (b) (a) Except for work performed in accordance with §§91.411 and 91.413, each registered owner or operator shall keep the following records for the periods specified in paragraph (b) of this section: (1) Records of the maintenance, preventive maintenance, and alteration and records of the 100-hour, annual, progressive, and other required or approved inspections, as appropriate, for each aircraft (including the airframe) and each engine, propeller, rotor, and appliance of an aircraft. The records must include— (i) A description (or reference to data acceptable to the Administrator) of the work performed; and (ii) The date of completion of the work performed; and (iii) The signature, and certificate number of the person approving the aircraft for

return to service. (2) Records containing the following information: (i) The total time in service of the airframe, each engine, each propeller, and each

rotor. (ii) The current status of life-limited parts of each airframe, engine, propeller, rotor, and appliance. (iii) The time since last overhaul of all items installed on the aircraft which are required to be overhauled on a specified time basis. (iv) The current inspection status of the aircraft, including the time since the last inspection required by the inspection program under which the aircraft and its appliances are maintained. (v) The current status of applicable airworthiness directives (AD) and safety directives including, for each, the method of compliance, the AD or safety

12directive number and revision date. If the AD or safety directive involves recurring action, the time and date when the next action is required. (vi) Copies of the forms prescribed by §43.9(d) of this chapter for each major alteration to the airframe and currently installed engines, rotors, propellers, and appliances. (b) The owner or operator shall retain the following records for the periods prescribed: (1) The records specified in paragraph (a)(1) of this section shall be retained until the work is repeated or superseded by other work or for 1 year after the work is performed. (2) The records specified in paragraph (a)(2) of this section shall be retained and transferred with the aircraft at the time the aircraft is sold. (3) A list of defects furnished to a registered owner or operator under §43.11 of this chapter shall be retained until the defects are repaired and the aircraft is approved for return to service.

Relief from these sections is sought because it is our intention to perform any maintenance and inspections as described above and that this will ensure a high level of safety. As provided in the Preflight Safety Checklist (see Addendum) the PIC will be responsible for ensuring that the aircraft is in airworthy condition prior to every flight. The PIC will document any work performed as detailed above in the aircraft logbook as well as cumulative flight time.



### THE REASONS WHY GRANTING THE REQUEST WOULD

BE IN THE PUBLIC INTEREST

Granting the present Petition would benefit the public interest by allowing Elevated Cinematics LLC to safely, efficiently, and economically provide commercial aerial photo and video services for a variety of clients. These services will allow our clients and end users to experience these photo and video assets thus enhancing their own businesses and creating economic opportunities for everyone involved.

13In addition, it is our desire to play a role of constructive public education on the benefits and uses of civil UAV systems by being an example of what is possible when this new technology is used

in a safe and useful manner.

The public would benefit as well from the decrease in the air pollution, noise, and potential danger of using large manned aircraft with flammable fuel on board and an internal combustion engine to accomplish what our UAV aircraft can do using small, quiet electric motors and a small battery pack.



### THE REASONS WHY GRANTING THE REQUEST WOULD NOT
ADVERSELY AFFECT SAFETY

Because of the speed, weight, size, and limited operating area associated with the proposed UAV aircraft operations, the Petitioner submits that our proposed flights would not create a hazard to other users of the NAS or to the public, or otherwise pose a threat to the national security. We also submit that Elevated Cinematics LLC can safely operate in the NAS pursuant to FMRA

Section 333 because:

1. We have detailed the operating characteristics of the UAV system.

2. The PIC is qualified and has an abundance of operational experience.

3. We will operate pursuant to a detailed set of operating limitations and procedures as set forth in this Petition to ensure the highest level of safety to ourselves, our clients, and the public.



### SUMMARY SUITABLE FOR THE PUBLIC REGISTER

Elevated Cinematics LLC seeks exemption from the requirements of 14 CFR Parts 91.7 (a), 91.9 (b) 2, 91.119, 91.121, 91.151 (a), 91.405 (a), 91.407 (a) 1, 91.409 (a) 1 and 2, 91.417 (a) and (b). This exemption will permit Elevated Cinematics LLC to commercially operate a UAV aircraft for the purpose of collecting aerial photo and video assets for a variety a clients.

14

### ADDITIONAL INFORMATION, VIEWS, AND ARGUMENTS AVAILABLE TO SUPPORT ELEVATED CINEMATICS LLC’S REQUEST

This Petition is made pursuant to the FAA Moderization and Reform Act of 2012 Section 333. As stated above, Elevated Cinematics LLC will operate safely in the NAS without creating an undue hazard to other users of the NAS, the general public, or by posing a threat to national security. Elevated Cinematics LLC operation will also provide a benefit to the public interest as detailed in this petition.

15

### ADDENDUM

Included in this Addendum are the following documents in this order:

1. Preflight Safety Checklist

2. DJI Phantom 2 User Manual

3. Tarot 680 UAV photo

4. Tarot 680 GCS photo

5. FCC License

6. AMA Safety Code

16

### ELEVATED CINEMATICS LLC
PREFLIGHT SAFETY CHECKLIST

PREFLIGHT



### - ALL FIRMWARE UPDATES........................................................COMPLETE



### - UAV/GSC BATTERIES......................................................FULLY CHARGED



### - ALL FASTENERS / WIRING / CONNECTORS....................................SECURE



### - PROPELLERS.......................................BALANCED, SECURE, NO DAMAGE



### - FLIGHT BRIEFING...................................................................COMPLETE

BEFORE TAKEOFF



### - GSC POWER........................................................................................ON



### - UAV POWER.........................................................................................ON



### - CAMERA..............................................................................................ON



### - LED STATUS LIGHTS....................................CHECK FOR CORRECT STATUS



### - COMPASS CALIBRATION.........................................PERFORM IF REQUIRED



### - FINAL VISUAL CHECK OF AOA.....................................................PERFORM

AFTER LANDING



### - UAV POWER..........................................................................................OFF



### - GSC POWER.........................................................................................OFF



### - CAMERA POWER...................................................................................OFF



### - BATTERY AND MOTOR TEMPERATURE..................................CHECK NORMAL©2013

- 201 5 DJI. All Rights Reserved. 1 | 

# PHANTOM 2 User Manual V1. 4

For PHANTOM 2 Flight Controller Firmware version V 3

. 10

& PHANTOM 2 Assistant version V 3. 8

& PHANTOM RC Assistant version V1.1

201 5.01

Congratulations on purchasing your new DJI product. Please thoroughly read the entire contents of this manual to

fully use and understand the product.

It is advised that you regularly check the PHANTOM 2 ’s product page at www.dji.com which is updated on a

regular basis. This will provide services such as product information, technical updates and manual corrections. Due

to any unforeseen changes or product upgrades, the information contained within this manual is subject to change

wit hout notice.

DJI and PHANTOM 2 are registered trademarks of DJI. Names of product, brand, etc., appearing in this manual are

trademarks or registered trademarks of their respective owner companies. This product and manual are copy

righted by DJI with all r ights reserved.

If you have any questions or concerns regard ing your product, please contact your dealer or DJI Customer Service

.

### TAROT 680 UAV WITH DJI NAZA FLIGHT CONTROLLER

### TAROT 680 GROUND CONTROL SYSTEMAcademy of Model Aeronautics Na tional Model Airc raft Safety Code

Effective January 1, 2014

A. GENERAL : A model aircraft is a non-human-carrying aircraft capable of sustained flight in the atmosphere. It may not exceed limitation s of this code and is intended exclusively for sport, recreation

, education and/or competition. All model flights must be conducted in accordance with this safety code and any additional rules specific to the flying site.
1. Model aircraft will not be flown: (a) In a careless or reckless manner. (b) At a location where model aircraft activities are prohibited.
2. Model aircraft pilots will: (a) Yield the right of way to all human-carrying aircraft. (b) See and avoid all aircraft and a spotter must be used when appropriate. (AMA Document #540-D.) (c) Not fly higher than approximately 400 feet above ground level within three (3) miles of an airport without notifying the ai rport operator. (d) Not interfere with operations and traffic patterns at any airport, heliport or seaplane base except where there is a mixed use agreement. (e) Not exceed a takeoff weight, including fuel, of 55 pounds unless in compliance with the AMA Large Model Airplane program. ( AMA Document 520-A.) (f) Ensure the aircraft is identified with the name and address or AMA number of the owner on the inside or affixed to the outs ide of the model aircraft. (This does not apply to model aircraft flown indoors.) (g) Not operate aircraft with metal-blade propellers or with gaseous boosts except for helicopters operated under the provision s of AMA Document #555. (h) Not operate model aircraft while under the influence of alcohol or while using any drug that could adversely affect the pi lot’s ability to safely control the
model. (i) Not operate model aircraft carrying pyrotechnic devices that explode or burn, or any device which propels a projectile or d rops any object that creates a hazard to persons or property. Exceptions:

x Free Flight fuses or devices that burn producing smoke and are securely attached to the model aircraft during flight.

x Rocket motors (using solid propellant) up to a G-series size may be used provided they remain attached to the model during flig ht. Model rockets may be flown in accordance with the National Model Rocketry Safety Code but may not be launched from model aircraft.

x Officially designated AMA Air Show Teams (AST) are authorized to use devices and practices as defined within the Team AMA Progr am Document. (AMA Document #718.) (j) Not operate a turbine-powered aircraft, unless in compliance with the AMA turbine regulations. (AMA Document #510-A.)
3. Model aircraft will not be flown in AMA sanctioned events, air shows or model demonstrations unless: (a) The aircraft, control system and pilot skills have successfully demonstrated all maneuvers intended or anticipated prior to the specific event. (b) An inexperienced pilot is assisted by an experienced pilot.
4. When and where required by rule, helmets must be properly worn and fastened. They must be OSHA, DOT, ANSI, SNELL or NOCSAE app roved or comply with comparable standards.

B. RADIO CONTROL (RC)

1. All pilots shall avoid flying directly over unprotected people, vessels, vehicles or structures and shall avoid endangerment of life and property of others.
2. A successful radio equipment ground-range check in accordance with manufacturer’s recommendations will be completed before the first flight of a new or repaired model aircraft.
3. At all flying sites a safety line(s) must be established in front of which all flying takes place. (AMA Document #706.) (a) Only personnel associated with flying the model aircraft are allowed at or in front of the safety line. (b) At air shows or demonstrations, a straight safety line must be established. (c) An area away from the safety line must be maintained for spectators. (d) Intentional flying behind the safety line is prohibited.
4. RC model aircraft must use the radio-control frequencies currently allowed by the Federal Communications Commission (FCC). Only individuals properly licensed by the FCC are authorized to operate equipment on Amateur Band frequencies.
5. RC model aircraft will not knowingly operate within three (3) miles of any pre-existing flying site without a frequency-management agreement. (AMA Documents #922 and #923.)
6. With the exception of events flown under official AMA Compet ition Regulations, excluding takeoff and landing, no powered model may be flown outdoors closer than 25 feet to any individual, except for the pilot and the pilot's helper(s) located at the flightline.
7. Under no circumstances may a pilot or other person touch an outdoor model aircraft in flight while it is still under power, exc ept to divert it from striking an
individual.
8. RC night flying requires a lighting system providing the pilot with a clear view of the model’s attitude and orientation at all times. Hand-held illumination systems are inadequate for night flying operations.
9. The pilot of an RC model aircraft shall: (a) Maintain control during the entire flight, maintaining visual contact without enhancement other than by corrective lenses presc ribed for the pilot. (b) Fly using the assistance of a camera or First-Person View (F PV) only in accordance with the procedures outlined in AMA Document #550. (c) Fly using the assistance of autopilot or stabilization system only in accordance with the procedures outlined in AMA Document # 560.

C. FREE FLIGHT

1. Must be at least 100 feet downwind of spectators and automobile parking when the model aircraft is launched. 2. Launch area must be clear of all individuals except mechanics, officials, and other fliers. 3. An effective device will be used to extinguish any fuse on the model aircraft after the fuse has completed its function.

D. CONTROL LINE

1. The complete control system (including the safety thong where applicable) must have an inspection and pull test prior to fly ing. 2. The pull test will be in accordance with the current Competition Regulations for the applicable model aircraft category. 3. Model aircraft not fitting a specific category shall use thos e pull-test requirements as indicated for Control Line Precisio n Aerobatics. 4. The flying area must be clear of all utility wires or poles and a model aircraft will not be flown closer than 50 feet to a ny above-ground electric utility lines. 5. The flying area must be clear of all nonessential participants and spectators before the engine is started.