P.O. Box 905 Parker, CO 80134

pminne@yahoo.com 303-808-6700 www.MinnePhotography.com

Minne Photography, LLC dba Up Above Vision

16425 Sequoia CT

Parker, CO 80134

January 5, 2016

U.S. Department of Transportation

Docket Management System

1200 New Jersey Ave., SE

Washington, DC 20590

RE: Exemption Request Pursuant to Section 333 of the FAA Modernization and Reform Act of 2012 

(“FMRA”)

Dear Sir or Madam:

Current rules and regulations do not allow for commercial use of unmanned aircraft systems for 

photography or videography. Therefore, pursuant to Section333 of the FAA Modernization and Reform 

Act ("FMRA") and 14 C.F.R. part 11, Minne Photography LLC dba Up Above Vision ("UAV") hereby petitions 

the Federal Aviation Administration ("FAA") for exemption from the Code of Federal Regulations (“C.F.R.”) 

to enable UAV to operate unmanned aircraft systems ("UAS" or as commonly referred to as “drone” or 

“quadcopter”) for commercial aerial photography and videography. Since this petition is very similar in 

material respects to previously granted Section 333 petitions, UAV requests expedited approval pursuant 

to the FAA's summary grant process. 

I. APPLICANT CONTACT INFORMATION

Minne Photography, LLC dba Up Above Vision

Office location: 16425 Sequoia CT, Parker, CO 80134

Mailing Address: 16425 Sequoia CT, Parker, CO 80134

Phone: 303-808-6700

Email: pminne@yahoo.com

Contact person: Paul Minne

II. PROPOSED OPERATIONS AND SAFETY BENEFITS (reasons seeking exemption)

1. Specifically, UAV is seeking an exemption to the C.F.R.s (listed below in section IV) in order to 

conduct commercial aerial photography and videography for facilities inspection, land 

inspection/surveying, real estate, events, advertising, and television/motion picture 

cinematography (MPTOM is included with this submission).

2. In many situations, manned aircraft are not ideal for low level flight photography, videography, 

and cinematography due to either safety concerns regarding a filming location, access to the 

location, environmental issues, costs, or noise related issues.

3. Compared to manned aircraft, UAS are:

a. Quieter and less disruptive to the public.
b. More environmentally friendly because they do not burn fossil fuels.

c. Less complicated and have fewer systems making them easier to operate and maintain, 

which in turn, offers a level of safety that would be at least equal to manned aircraft if not 

far greater in favor of the simpler UAS.

d. More maneuverable in the event of an emergency or unanticipated obstacle which 

increases safety.

e. Better able to more safely get their camera payloads into tight location spots.

f. Can get closer to the subject that is being captured on film or video. Being able to get the 

camera closer is in the interest of the public because it keeps the impacted area of the 

filming location smaller and less disruptive to the public at large.

III. UNMANNED AIRCRAFT SYSTEMS (UAS)

UAV requests an exemption to operate the DJI Phantom 3 and the DJI Spreading Wings S1000 

commercially. Both of these UAS weigh less than 55 pounds including payload. Both of these UAS have 

been previously authorized by the FAA through the 333 exemption petition process. UAV would like the 

option to add different UAS makes and models to its fleet in the future via an amendment to this 

exemption.

IV. REGULATIONS FROM WHICH EXEMPTION IS REQUESTED:

1. 14 C.F.R. Part 21 Subpart H: UAS are not issued Airworthiness Certificates.

2. 14 C.F.R § 45.23: UAS are not large enough to comply with the marking rules.

3. 14 C.F.R § 45.27(a): The locations to place marking are not practical or do not exist with UAS.

4. 14 C.F.R. § 45.29: The size of required marking is not possible with UAS.

5. 14 C.F.R. § 61.113: UAS do not carry passengers or property for hire.

6. 14 C.F.R § 91.9: Onboard manuals and placards on UAS are not possible, practical, or necessary.

7. 14 C.F.R. § 91.109(a): UAS do not have dual controls.

8. 14 C.F.R. § 91.119: By design, UAS operate close to the ground and structures. The UAS also needs 

to remain within line of sight of the pilot in command (“PIC”) or visual observer (“VO”) and the 

published minimum safe altitudes could make this impractical if not impossible.

9. 14 C.F.R. § 91.121: UAS do not have altimeters installed instead use GPS for altitude reporting.

10. 14 C.F.R. § 91.151: UAS do not carry fuel. The battery that powers the UAS will allow for a 

maximum of 25 minutes of flight time.

11. 14 C.F.R. § 91.203: UAS do not have the ability to carry or display certificates.

12. 14 C.F.R. § 91.215: UAS do not have transponders installed.

13. 14 C.F.R. § 91.405: UAS maintenance will be done per the UAS manufacturer guidelines.

14. 14 C.F.R. § 91.407(a)(1): UAS will not be maintained by persons authorized under Part 43.7. The 

UAS will be maintained by the Chief Pilot, PIC, or by an authorized factory service center which is 

more practical.

15. 14 C.F.R. § 91.409(a)(1) and (2); (b): Annual inspections are unnecessary for UAS as they will be 

thoroughly inspected by the PIC prior to each flight.

16. 14 C.F.R. § 91.417: UAS maintenance records will be kept in an electronic log book in a simple 

format of date performed and description of maintenance completed.

V. OPERATING PARAMETERS AND SAFETY

In addition to following any relevant local, State, and Federal rules and regulations that are in affect and 

which are not practical to list in this petition, UAV will adhere to the following operating parameters when 

operating UAS pursuant to the requested exemption:

1. Flight operations will be conducted exclusively using UAS.
2. The chief pilot will be Paul Minne (FAA Airman Certificate 2863738). The chief pilot will approve 

and be responsible for all flight operating procedures, manuals, training, UAS maintenance, flight 

operations and supported ground operations for UAV.

3. All flights will be conducted with at least one PIC and one VO.

a. The PIC will hold at least a private pilot certificate and a 3rd class FAA Airman Medical 

Certificate or a valid driver’s license.

b. The PICs are Paul Minne (FAA Airman Certificate 2863738, airplane single engine land, 

instrument airplane) and Alexander Minne (FAA Airman Certificate 3779456, airplane 

single engine land). 

4. UAS will remain within visual line of sight of the PIC or the VO at all times during flight. The PIC 

and VO will remain in verbal contact during flight. Each PIC and VO team will operate one UAS at 

a time.

5. During all flights, the UAS will remain under 400 feet above ground level and under 87 knots of 

true airspeed.

6. UAS will be flown within the manufacturer’s published limitations.

7. All flights will be conducted during daylight times under Visual Flight Rules and in visual 

meteorological conditions.

8. The PIC will keep the UAS at an appropriate and safe distance from all persons, vessels, vehicles, 

and structures as determined by the PIC for each flight. These distances will be based on 

emergency maneuvers that may be necessary for any given flight, location of obstacles, or 

situation.

9. During all flights, the PIC will not fly the UAS directly above any bystanders or persons not directly 

involved in the production or flight except as may be necessary per UAV’s MPTOM (included with 

this petition).

10. Prior to takeoff for any flight conducted within any Class B, C, D, or E airspace, the PIC will attain

any required flight clearance from the appropriate FAA air traffic controller(s) for that airspace. 

11. Prior to each flight, the PIC will check the weather, NOTAMs, and Temporary Flights Restrictions 

(“TFRs”) that may be in effect in the location of the flight. All NOTAMS and TFRs will be followed.

12. UAV will have operating documents on site and accessible during UAS flight operations.

13. Prior to each flight, the PIC will conduct a pre-flight inspection of the UAS and determine that the 

UAS is airworthy and in condition for a safe flight. If the UAS is found to not be airworthy, the UAS 

will not be operated until the necessary maintenance has been performed and the UAS is found to 

be in a condition of safe flight by the PIC.

14. Any UAS that has undergone maintenance or alterations to any critical flight component, that UAS 

will undergo a functional test flight prior to conducting operations under this exemption.

15. UAV will follow the UAS manufacturer’s maintenance, overhaul, replacement, inspection, and life 

limit requirements, as well as safety bulletins, for the UAS and associated components. UAV will 

keep maintenance records for all UAS.

16. The PIC will abort the flight in the event that unpredicted obstacles or emergencies occur, and will 

yield right of way to all manned aviation activities.

17. UAV will register each owned UAS with the FAA. UAV will have registration documents for each 

UAS on site during each flight.

18. UAV will clearly mark registration numbers (aka N Numbers) on each of its UAS in a size and font 

that is appropriate to the size of the UAS.

19. Any other safety concerns that are unique to each flight due to the location or the nature of the 

flight as determined by the Chief Pilot or PIC will be strictly followed.
20. Any other rules and regulations that the FAA may grant in relation to the exemption requested or 

future changes to regulations.

VI. SUMMARY TO BE PUBLISHED IN THE FEDERAL REGISTER

Minne Photography, LLC dba Up Above Vision (“UAV”) seeks exemption from 14 C.F.R. Part 21 Subpart H, 

14 C.F.R § 45.23, 14 C.F.R § 45.27(a), 14 C.F.R. § 45.29, 14 C.F.R. § 61.113, 14 C.F.R § 91.9, 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, 14 C.F.R. § 91.203, 14 C.F.R. § 91.215, 

14 C.F.R. § 91.405, 14 C.F.R. § 91.407(a)(1), 14 C.F.R. § 91.409(a)(1) and (2)(b), 14 C.F.R. § 91.417 and 

therefore an authorization to conduct commercial unmanned aerial systems operations for the purposes 

of aerial photography, videography, and cinematography. UAV’s flights will only be conducted by FAA 

certificated pilots flying small highly reliable electric unmanned aircraft that are less than 55 pounds with 

camera payload.

VII. BENEFIT AND INTEREST TO THE PUBLIC

Aerial photography and videography are proven strategies to enhance marketing efforts, decrease costs 

associated with doing business, and to increase business success. The aerial photography and 

videography industry is not new. However, until recently it was conducted through the use of costly 

manned aircraft preventing many small companies or individuals to utilize this business tool. By granting 

this exemption, UAV would be able to provide more affordable services to individuals (e.g. real estate 

agents), small entities (e.g. independent film makers), larger corporations (e.g. golf course clubs), and 

public entities (e.g. towns or universities) with small advertising and production budgets.

Furthermore, the small UAS will pose no threat to public safety given its small size and lack of combustible 

fuel when compared to larger manned aircraft. UAS operate quieter than manned aircraft and are 

therefore less of a nuisance. The operation of UAS will minimize harm to the environment and add to 

economic growth by providing information to companies and individuals who wish to develop land. The 

impacted area when using a UAS for film production is smaller and less disruptive to the public at large. 

Events serviced by our business enhance vitality and add culture to the communities we serve.

VIII. CONCLUSION

Thank you for your prompt attention and consideration. Minne Photography/UAV and its customers are 

committed to safe UAS operations. Please do not hesitate to contact me directly with any questions or 

concerns at 303-808-6700.

Sincerely,

Paul Minne

Member Minne Photography/Up Above Vision

APPENDIX

DJI UAS Operation Manuals can be found at http://www.dji.com/