Up The Photography

2400 Timberline Dr

. #284 Grapevine , TX 76051

December 21 , 2015

U.S. Department of Transportation

Federal Aviation Administration Docket Operations, M

- 30 1200 New Jersey Avenue , SE

Room W12

- 140, West Building Ground Floor Washington DC 20590

**Re: Petition of**  **Up The Photography for an**  **Exemption Pursuant to Section 333 of the**

**FAA Modernization and**  **Reform Act of 2012 to Operate Unmanned Aircraft**  **Systems for Aerial Cinematography, Photography and Data Collection**

Dear Sir or Madam:

P ursuant to Section 333 of the FAA Modernization and Reform Act of 2012 (the “Reform Act”) And 14 C.F.R. Part 11, Up The Photography (“ Applicant”) , hereby applies for an exemption from t he Federal Aviation Regulations identified below to allow for the commercial operation of the UASs described below for aerial cinematography, photography and data

collection

.

Applicant requests that the FAA review this petition pursuant to its “summary grant” process as the FAA has already granted exemptions similar in all material respects to this petition. See FAA Grant of Exemption Nos. 11062, 11109, 11112 and 11213. The reasons stated by the FAA in granting the exemp tions listed above also apply to this petition, and the grant of this petition is in the public interest.

**I. REGULATIONS FOR WHICH EXEMPTION IS REQUESTED**

Applicant requests exemption from the following regulations:

• 14 C.F.R

. Part 21, Subpart H;

• 14 C.F.R

. Part 27;

• 14 C.F.R

. § 45.23 (b);

• 14 C.F.R. § 45.27 (a);

• 14 C.F.R

. § 61.113;

### 2 • 14 C.F.R

. § 91.7 (a);

• 14 C.F.R

. § 91.9 (b) (2);

• 14 C.F.R

. § 91.9 (c);

• 14 C.F.R

. § 91.103;

• 14 C.F.R

. § 91.109 (a);

• 14 C.F.R

. § 91.119;

• 14 C.F.R

. § 91.121;

• 14 C.F.R

. § 91.151 (a) & (b)

• 14 C.F.R

. § 91.203 (a) & (b);

• 14 C.F.R

. § 91.405 (a);

• 14 C.F.R

. § 91.407 (a) (l);

• 14 C.F.R

. § 91.409 (a) (2);

• 14 C.F.R

. § 91.417 (a) & (b).

**II. STATUTORY AUTHORITY FOR REQUESTED EXEMPTIONS**

This petition for exemption is submitted in accordance with Section 333 of the Reform Act. Congress has directed the FAA “to safely accelerate the integration of civil unmanned aircraft systems into the national airspace system.” Pursuant to Section 333 of the Reform Act, the FAA Administrator is to permit operation of an unmanned aircraft system (“UAS”) where it does not create a hazard to users of the national airspace system (“NAS”) or the public or pose a threat to national security based on the followi ng considerations:

• The size, weight, speed and operational capability;

• Operation in proximity to airports and populated areas; and

• Operation within visual line of sight of the operator.

The Federal Aviation Act grants the FAA Administrator authority to grant exemptions from the agency’s safety regulations and minimum standards when the Administrator decides an exemption is in the public interest. See 49 U.S.C. §§ 106(f), 44701

- 44716, et seq

.

**III. CONTACT INFORMATION FOR APPLICANT**

Applicant’s address is listed below.

Up The Photography

2400 Timberline Dr. #284 Grapevine, TX 76051 (469) 364

- 4007

daniel.dennis @ upthephotography .com

**IV. DESCRIPTION OF PROPOSED OPERATIONS**

Up The Photography is a video production company

. Applicant is requesting exemptions from

### 3 applicable Federal Aviation Regulations (FARs) pursuant to Section 333 of the Reform Act for aerial cinematography, photography and data collection. UAS s offer the video industry an innovative and safer option for filming. This n ew tool for marketing and promotional purposes will allow for creative and exciting aerial shots, and is the latest in a myriad of new technologies being used by the industry to further enhance the consumer experience.

This type of aerial imagery and data collection will be performed by rotorcraft aircraft. Use of a UAS will greatly reduce safety risks because the UAS will not carry flammable fuel or a pilot, and operations can be performed at considerable savings and allow for better imagery.

The UAS s operated by Applicant weigh less than 55 pounds, inc luding all payload. They operate

at speeds less than 87 knots, can hover, and can simultaneously move in multiple directions. In no case will the UAS be operated at airspeeds greater than the maximum op erating airspeed recommended by the aircraft manufacturer.

**A. Aircraft to be Operated** 

Applicant intends to operate the UASs identified below (together, the “Aircraft”). This petition incorporates the material contained in the Manufacturer’s Manuals (togeth er, the “Manuals”). 1 Each UAS is more fully described in its User Manual. (See Footnote 1.)

**1. Freefly Alta**  Applicant will operate the Freefly Alta. The FAA has already approved use of the Alta in FAA Exemption No. 12428 ( Docket No. FAA

- 2015

- 1945).

**2. DJI**  **Spreading Wings S1000 +**  Applicant will operate the DJI Spreading Wings S1000 + . The FAA has already approved use of the Spreading Wings S1000 + in FAA Exemption No. 13551 (Docket

No. FAA

- 2015

- 2803).

**3. DJI Inspire 1**  Applicant will operate the DJI Inspire 1. Th e FAA has already approved use of the Inspire 1 in FAA Exemption No. 12411 (Docket No. FAA

- 2015

- 2186).

**4. DJI Phantom 3**  Applicant will operate the DJI Phantom 3. The FAA has already approved use of the Phantom 3 in FAA Exemption No. 11696 (Docket No. FAA

- 201 5

- 0746).

**5. DJI Phantom 2**  Applicant will operate the DJI Phantom 2. The FAA has already approved use of the Phantom 2 in FAA Exemption No. 13551 (Docket No. FAA

- 2015

- 2803).

1 The Freefly Alta Manuals are publically available at http://freeflysystems.com/software

- manuals The DJI Spreading Wings S 1000+ Manuals are publically available at http://www .dji.com/product/spreading

- wings

s1000

- plus/download The DJI Inspire 1 Manuals are publically available at http://www.dji.com/product/inspire

- 1/download The DJI Phantom 3 Manuals are publically available at http://www.dji.com/product/phantom

- 3/download The DJI Phantom 2 Manuals are publically available at http://www.dji.com/product/phantom

- 2/download

The 3DRobotics Solo Manuals are publically available at https://3drobotics.com/kb/solo

- user

- manual

### 4 **6. 3D**  **R obotics**  **Solo** Applicant will operate the 3D Robotics Solo. The FAA has already approved use of the Solo in FAA Exemption No. 13551 (Docket No. FAA

- 2015

- 2803).

**B. Applicant’s Proposed Operations Demonstrate an Equivalent Level of Safety** 

**1. General**  **Description of Proposed Flight Operations**

Applicant proposes to operate within the limitations and performance specifications listed in this application and in the Manuals. These limitations provide for at least and equivalent, or higher, level of safety for operations under the current regulatory structure because the proposed operations are safer than conventional operations using helicopters or fixed wing aircraft which carry an operator and flammable fuel. The proposed flight operations are similar in all material respects to operations already approved by the FAA and are therefore subject to the FAA’s “summary grant” process.

The proposed operations do not crate any hazard to users of the NAS or pose a threat to national security. The Aircraft are ba ttery operated with a maximum flight time of less than 25 minutes. The Aircraft weigh less than 55 pounds. The Aircraft will be operated at or below 400 feet AGL within the Visual Line of Sight (VLOS) of the Pilot in Command (PIC). The UAS operations will be over private or controlled access property with the permission of the owner/controller or authorized agent.

Manned aircraft are at risk of fuel spillage and fire in the event of an incident or accident. The proposed UASs carry no fuel, and therefore t he risk of fire following an incident or accident due to fuel spillage is eliminated. Compared to manned aircraft, the UASs being operated by the Applicant reduces the risk to participating persons in close proximity to the Aircraft due to the limited size , weight, operating conditions, and design safety features.

The Applicant’s Aircraft have the capability to operate safely after experiencing

certain in

- flight failures, as specified in the Manuals. The Aircraft are also able to respond to a lost

- link event with a pre

- conditioned, predictable, automated flight

maneuver.

**2. Specific Limitations on Proposed Flight Operations** 

Given the small size involved, the restricted environment within which they will operate, the procedures listed below, and pilot cert ification requirements, Applicant’s proposed operations would “not create a hazard to users of the NAS or the public or pose a threat to national security.” Reform Act Section 333 (b)(1).

1. The Aircraft weigh less than 55 pounds.

2. Each Aircraft will be iden tified by serial number, registered with the FAA, and have identification (N

- Number) markings as large as practicable.

3. Flights will be operated within VLOS of the PIC

.

### 5 4. Prior to each flight, a zero altitude initiation point will be established and

confirm ed for accuracy by PIC.

5. The PIC will ensure that before each flight, there is enough available power for the UAS 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.

6. The Aircraft will be operated during daylight and in VFR conditions.

7. Flights will not exceed 400 feet AGL.

8. Flights will be operated at a lateral distance of at least 500 feet from any persons or property not associated with the operation who have not given prior permission.

9. Flights will be limited to a groundspeed of 87 knots (100 mph).

10. Minimum crew for each flight will consist of a PIC and a Visual Observer (VO).

11. The PIC will hold either an airline transport, commercial, priv ate, recreational or sport pilot certificate. The PIC will also hold a current FAA airman medical certificate or a valid U.S. driver’s license issued by a state or the Federal Government. The PIC will also meet the flight review requirements specified in

1 4 C

. F

. R

. § 61.56.

12. Prior to the flight, a Mission Plan will be created setting forth the limitations for the flight as well as contact information for the PIC.

13. Prior to each flight, the PIC will conduct a preflight inspection and determine the UAS is in a condition for safe flight.

14. The flight operations will yield the right of way to other manned aircraft operations.

15. The Aircraft will only operate over private or controlled access property with the permission of the owner/controller or authorized representative.

16. The Aircraft will not operate within 5 nautical miles of an airport unless a letter of agreement is obtained.

17. All required permissions and permits will be obtained from territory, state, county or city jurisdictions prior to flight.

18. If the Aircraft loses communications, it will have the capability to return to a predetermined location within the operational area and land. The UAS will utilize a geofence where practicable in case of emergencies.

19. If the Aircraft loses its GPS signal it will have the capability of being flown manually to a predetermined location within the operational area and land.

### 6 20. The flight wil l be aborted in case of unpredicted obstacles or emergencies.

21. UAS operations will be conducted within the parameters of the Manuals.

**3. Flight Recovery, Lost Communications, and Lost GPS Procedures** 

The flight recovery, lost communications, and lost GPS pr ocedures are more fully

documented in the Manuals.

**V. SPECIFIC FAR EXEMPTIONS REQUESTED**

Applicant seeks an exemption from several interrelated provisions of 14 C.F.R. Parts 21, 45, 61, and 91 for purposes of conducting the requested operations. Listed below are (1) the specific FAR sections for which exemption is sought, and (2) the operating procedures and safeguards that Applicant has established which will ensure a level of safety better than or equal to the rules from which exemption is sought. See 14 C.F.R. § 11.81 (e).

**A. 14 C.F.R. Part 21, Subpart H** 

**– Airworthiness Certificates and 14 C.F.R. §**  **91.203(a)(1)**

The FAA has stated that no exemption is needed from this section if a finding is made under the Reform Act that the UAS selected provides an equivalent level of safety when compared to aircraft normally used for the same application. These criteria are met with this petition, and therefore no exemption is needed. See Grant of Exemption No. 11062, Docket No. FAA 2014

- 0352 at 13

- 14, 22. If the FAA determines that there are some characteristics of the Aircraft that fail to meet the requirements of the Reform A ct, an exemption is requested.

Equivalent Level of Safety : The Aircraft are safe when taking into account their size, weight, speed, and operational capability. They weigh less than 55 pounds and will be flown at speeds

less than 87 knots ( 100 miles per hour ) , and in VLOS of the operator. The Aircraft do not carry pilots, passengers, explosive materials, or flammable liquid fuels. The Aircraft will be operated within the parameters of the Manuals.

The proposed operations will be at least as safe as, or safer than, conventional rotorcraft or fixed wing aircraft operating with an airworthiness certificate without the restrictions and conditions proposed here.

**B. 14 C.F.R. Part 27 Airworthiness Standards: Normal Category Rotorcraft** 

14 C.F.R. Part 27 sets f orth the procedural requirements for airworthiness certification of normal category rotorcraft. To the extent the UASs would otherwise require certification under Part 27, Applicant seeks an exemption from Part 27’s airworthiness standards for the same rea sons identified in the request for exemption from 14 C.F.R. Part 21, Subpart H.

**C. 14 C.F.R. §§ 45.23(b), 45.27(a) and 91.9(c): Aircraft Marking and Identification**  **Requirements**

14 C.F.R. § 45.23(b), Markings of the Aircraft states:

When marks include on ly the Roman capital letter “N” and the registration number is displayed

### 7 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 t he cabin, cockpit, or pilot station, in letters not less than 2 inches nor more than 6 inches high, the words “limited,” “restricted,” “light

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

14 C.F.R. § 45.27(a) states:

**Rotorcraft.** Each operato r of a rotorcraft must display on that rotorcraft horizontally on both surfaces of the cabin, fuselage, boom, or tail the marks required by § 45.23.

14 C.F.R. § 91.9(c) states:

No person may operate a U.S.

- registered civil aircraft unless that aircraft is identified in accordance with part 45 of this chapter.

In a previous Grant of Exemption, the FAA determined that exemption from these requirements was warranted provided that the aircraft “have identification (N

- N umber) markings in accordance with 14 CFR part 45, Subpart C if the markings are “as large as practicable.” See Exemption No. 11062, Docket No. FAA 2014

- 0352, at p. 14.

Equivalent Level of Safety : Applicant will mark all UASs with their N

- Number in a prominent spot on the fuselage with markings that are as large as practicable.

**D. 14 C.F.R. § 61.113: Private Pilot Privileges and Limitations** 

Applicant seeks exemption from 14 CFR § 61.113, which re stricts private pilots from flying aircraft for compensation or hire and would also require a second class medical certificate. The purpose of Part 61 is to ensure that the skill and competency of any PIC matches the airspace in which the PIC will be opera ting, as well as requiring certifications if the pilot is carrying passengers or cargo for hire.

While the UAS will be operated as part of a commercial operation, they carry neither passengers nor cargo. In the Grant of Exemption in FAA Docket No. FAA

- 20 14

- 0352, the FAA determined that the unique characteristics of UAS operation outside of controlled airspace did not warrant the additional cost and restrictions attendant with requiring the PIC to have a commercial pilot

certificate and a class II medical certificate. The FAA has also determined that the required knowledge for a commercial pilot covers the same fundamental principles as a private pilot.

The FAA has recently granted exemptions allowing operations by people who hold an airline
transport, co mmercial, private, recreational, or sport pilot certificate with a current FAA airman medical certificate or a valid U.S. driver’s license issued by a state or the Federal Government. The PIC must also meet the flight review requirements specified in 14 CF R § 61.56. See FAA Exemption No. 11374.

Applicant will ensure the PIC will meet the requirements listed in the above paragraph. Applicant will also ensure the PIC will have completed the manufacturers’ training guidelines outlined in

the Manuals.

The F AA stated in its grant of an exception to Astraeus Aerial the “the FAA considers the overriding safety factor for the limited operations proposed by the petitioner to be the airmanship skills acquired through UAS

- specific flight cycles, flight time, and sp ecific make and model

### 8 experience, culminating in verification through testing.” See Exemption No. 11062, Docket No.

FAA 2014

- 0352, at p. 18. The proposed operations can achieve an equivalent level of safety by requiring the knowledge and experience in the UAS operations described above.

Equivalent Level of Safety : The restrictions Applicant has placed on its UAS operations meet or exceed the restrictions similarly imposed on Astraeus Aerial in FAA Docket No. FAA

- 2014

- 0352 and those listed in the FAA’s “summary grant” process.

**E. 14 C.F.R. § 91.7(a): Civil Aircraft Airworthiness** 

Applicant seeks an exemption from 14 C.F.R. § 91.7(a), which requires that a civil aircraft be in airworthy condition to be operated. The FAA has stated that no exemption is required to the extent that the requirements of Part 21 are waived or found inapplicable. Accordingly Applicant requests that the requirements for Section 91.7 be treated in accordance with FAR Part 21 Subpart

H. See Grant of Exemption No. 11062, p. 19.

**F. 14 C.F.R. § 91.9(b)(2): Civil Aircraft Flight Manual in the Aircraft; 14 C.F.R. §§**  **91.203(a) and (b): Carrying Civil Aircraft Certification and Registration**

Pursuant to 14 C.F.R. § 91.9(b )(2):

(b) No person may operate a U .S.

- registered civil aircraft

...

(2) 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, approved manual material, markings, and placards, or any combination thereof.

Pursuant to 14 C.F.R. § 91.203(a) and (b):

(a) Except as provided in § 91.715, no person may operate a civil aircraft unless it has within it the following: (1) An appropriate and current airworthiness certificate...

(b) No person may oper ate 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.

Applica nt does not request an exemption from this section but instead notifies the FAA that, in accordance with FAA Office of Chief Counsel’s Opinion dated August 8, 2014, the UAS flight manual, registration certificate and other documentation will be kept at the control station with the PIC during flight. The Chief Counsel’s Office has held that for all UAS operations, this alternate method constitutes full compliance with the regulations. See also Grant of Exemption No. 11062, pp. 19

- 20, and Grant of Exemption N o. 8607.

**G. 14 C.F.R. § 91.103: Preflight Action** 

Applicant seeks an exemption from 14 C.F.R. § 91.103, which requires a PIC to become familiar with specific information before each flight, including information contained in the FAA

approved Flight Manual on board the aircraft. The aircraft will not have a Flight Manual on board. The PIC will take all actions including reviewing weather, flight battery requirements, landing and takeoff distances and aircraft performance data before initiation of flight. Under these

### 9 circumstances, the FAA has stated that no exemption is required. See Grant of Exemption No. 11062, p. 20. An exemption is requested to the extent that an FAA

- approved Flight Manual is required.

Equivalent Level of Safety: An equivalent level of safety will be provided by following the

Manuals. The PIC will take all required preflight actions

- including performing all required checklists and reviewing weather, flight requirements, battery charge, landing and takeoff distance, aircraft performance data, and contingency landing areas

- before init iation of flight. The applicable Manuals will be kept at the ground station with the operator at all times.

**H. 14 C.F.R. § 91.109(a): Flight Instruction** 

Applicant seeks an exemption from 14 C.F.R. § 91. 109(a), which provides that “n o 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.” UASs and remotely piloted aircraft, by their design, do not have functional dual controls. Instead, flight co ntrol is accomplished through the use of the Ground Control Station (GCS) that communicates with the aircraft via radio

communications.

Equivalent Level of Safety: When flight instruction is performed, no pilots will be on board the

aircraft and the GCS will be a safe distance from the aircraft and the public, causing no safety hazard. Given the size and speed of the UAS, an equivalent level of safe training can still be achieved without dual controls because no pilot or passengers are aboard the aircraft , and all persons will be a safe distance away in the event that the aircraft experiences any difficulties during flight instruction. In addition, Applicant will conduct flight training at a remote facility away from population centers. These training flig hts will comply with the provisions in the Manuals. Accordingly, Applicant’s proposed method of operation provides superior levels of safety.

**I. 14 C.F.R. § 91.119(c): Minimum Safe Altitudes in Uncongested Areas** 

Applicant requests an exemption from the minimum safe altitude requirements of 14 C.F.R. § 91.119(c). Section 91.119(c) prescribes that an aircraft may not be operated closer than 500 feet to any person, vessel, vehicle, or structure. This petition provide s for Applicant’s operations at least 500 feet from persons and structures not involved in the operations. The FAA has already determined that relief from Section 91.119(c) is warranted for UAS operations in uncongested areas with similar flight restrictio ns as those imposed by Applicant. See Grant of Exemption No. 11062, p. 20

- 21.

Equivalent Level of Safety: Compared to flight operations with rotorcraft or fixed wing aircraft weighing far more than the maximum weights proposed herein, and given the lack of flammable fuel, any risk associated with these operations is far less than those that presently exist with conventional aircraft. An equivalent level of safety will be achieved given the size, weight, and speed of the UAS, as well as the locations where it is operated. In order to avoid any risk to aircraft, flight operations will be restricted to 400 feet AGL or below. Other aircraft are already prohibited from operating closer than 500 feet from structures where Applicant proses to operate.

This is air space where other aircraft do not normally operate. As set forth in the Manuals and herein, the UAS will be operated in the remote sites, away from persons or structures not involved in the operation. All persons who are not involved with Applicant’s opera tions will be required to be at least 500 feet from flight operations. This will pose no risk to the public because other aircraft are not operating in these areas.

### 10 **J. 14 C.F.R. § 91.121: Altimeter Settings** 

This petition seeks an exemption from 14 C.F.R. § 91.121, which requires a person operating an aircraft to maintain cruising altitude or flight level by reference to an altimeter that is set to the elevation of the departure airport. The Aircraft proposed here use both barometric pressure

sensors and GP S to determine altitude but do not have the ability to set in a current altimeter setting. An exemption is required to the extent that the Aircraft do not have a barometric altimeter setting. The altitude of the UAS is monitored by the PIC on the ground co ntrol station and by the

visual observer.

Equivalent Level of Safety: The FAA has stated that an equivalent level of safety can be achieved if the aircraft will be operated at or below 400 feet AGL and within visual line

- of

- sight in addition to GPS based altitude information relayed in real time to the operator. See Grant of Exemption No. 11062, p. 20

- 21. The Aircraft will be operated at or below 400 feet AGL and otherwise comply with the limitations in the Grant of Exemption No. 11062.

**K. 14 C.F.R. § 91.151(a): Fuel Requirements for Flight in VFR Conditions** 

Applicant reques ts an exemption from 14 C.F.R. § 91.151(a)’s fuel requirements for flight in

VFR conditions. Section 91.151 states:

(a) No person may begin a flight in an airplane under VFR conditions unless (considering wind and forecast weather conditions) there is e nough 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.

Here, the technological limitations on the UAS battery power means that no meaningful flight operations can be conducted while maintaining a 30 minute reserve. The aircraft are battery powered with a maximum flight time of less than 25 minutes. The PIC wil l ensure that before each flight, there is enough available power for the UAS 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.

Equivalent Level of Safety: The FAA has stated that an equivalent level of safety is provided if the UAS flight is conducted under daytime VFR flight conditions using VLOS, and terminated with at least 25% reserve battery power still available. See Grant of Exemption No. 1106 2, p. 21

- 22. The FAA’s “summary grant” process provides that the PIC is prohibited from beginning a flight unless there is enough available power to conduct the intended operation and to operate after that for at least five minutes or with the reserve powe r recommended by the manufacturer if

greater. See FAA Exemption No. 11374 (FAA Docket No. 2015

- 0091 at p. 5). The limitations here provide that the PIC will ensure that before each flight, there is enough available power for

the UAS 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.

### 11 **L. 14 C.F.R. §§ 91.405(a), 91.407(a)(l), 91.409(a)(2); 91.417(a) and (b): Maintenance**  **Inspections**

Applicant seeks an exemption from the maintenance inspection requirements contained in 14 C.F.R. § 91.405(a), 91.407(a)(l), 91.409(a)(2); 91.417(a) and (b). These regulations specify maintenance and inspection standards in reference to 14 C.F.R. Part 43. S ee , e.g ., 14 C.F.R. § 91.405(a) (stating that each owner or operator of an aircraft “[s]hall have the aircraft inspected as prescribed in subpart E of this part and shall between required inspections ... have discrepancies repaired as prescribed in part 43 of this chapter”). An exemption from these regulations is needed because Part 43 and these sections only apply to aircraft with an airworthiness certificate, which the UAS proposed here will not have.

Equivalent Level of Safety: An equivalent level of s afety will be achieved because maintenance and inspections will be performed in accordance with the Manuals. This includes maintenance, overhaul, replacement, and preflight inspection requirements. See Exemption No. 11062 (FAA

Docket No. 2014

- 0352, at p. 1 4

- 15) and Exemption No. 11374 (FAA Docket No. 2015

- 0091, at p. 4). Applicant will follow the Aircraft manufacturer’s maintenance requirements. Flights will not be conducted unless a flight operations checklist is performed that includes all of the aircraft ’s
components.

**VI. PUBLIC INTEREST**

Granting Applicant’s petition for exemption furthers the public interest. National policy set by Congress favors early integration of UAS into the NAS in controlled, safe working environments such as proposed in this petition. By granting this petition, th e FAA will fulfill Congress’s intent of allowing UAS to operate safely in the NAS before completion of the rulemaking required

under Section 332 of the Reform Act.

Moreover, use of UAS will promote the efficient use of resources and decrease safety

- relat ed incidents involving traditional aircraft. The public has an interest in promoting the use of UAS and in reducing the hazards and emissions associated with alternate use of helicopters and small airplanes to conduct similar operations.

**VII. PRIVACY**

All flights will occur over private or controlled access property with the owner’s consent and will be conducted in accordance with any federal, state or local laws regarding privacy.

**VIII. SUMMARY FOR FEDERAL REGISTER**

Pursuant to 14 C.F.R. Part 11, t he following summary is provided for publication in the Federal Register, should it be determined that publication is needed:

Applicant seeks an exemption from the following rules to allow for UAS operations for aerial cinematography , photography, and data collection : 14 C.F.R Part 21, Subpart H; 14 C.F.R Part 27; 14 C.F.R § 45.23(b); 14 C.F.R. § 45.27(a); 14 C.F.R § 61.113; 14 C.F.R § 91.7(a); 14 C.F.R § 91.9(b)(2); 14 C.F.R § 91.9(c); 14 C.F.R § 91.103; 14 C.F.R § 91.109(a); 14 C.F.R § 91.119 (c) ; 14 C .F.R § 91.121; 14 C.F.R § 91 .151(a) & (b) 14 C.F.R § 91.203 (a) & (b); 14 C.F.R §

### 12 91.405(a); 14 C.F.R § 91.407(a)(l); 14 C.F.R § 91.409(a)(2); 14 C.F.R § 91.417 (a) & (b).

The exemption will promote the public interest while enhancing safety by reducing risk to the operator, the general public, and property owners from the substantial hazards associated with performing equivalent operations using conventional aircraft and ro torcraft.

**IX. CONCLUSION**

Applicant has satisfied the requirements of Section 333 of the Reform Act to permit operation of the Aircraft proposed here. This petition warrants review by the FAA under the “summary grant” process for immediate approval as this petition would not set a precedent, and any delay in acting on this petition would be detrimental to the Applicant.

If you have any questions or require any additional information, please do not hesitate to contact the undersigned.

Respectfully su bmitted,

**Daniel Dennis** Owner, Up The Photography