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 ph otography or video graphy . 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

materia l 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, C O 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/m otion 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 came ra 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 U AS 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 wit h 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

maxi mum 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 guidel ines.

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 ma intenance 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 operati ng 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 f light 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 3 rd clas s 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 40 0 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 takeo ff 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

b e in a condition of safe flight by the PIC.

14. Any UAS that has undergone maintenance or alterations to any critical flight component, th at UAS will undergo a functional test flight prior to conducting operations under this exemption.

15. UAV will follow the UAS ma nufacturer’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 un predicted 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 reg istration 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 pur p oses of aerial photography, videography , a nd cinematography . UAV’s flights will only be conducted by FAA

c ertific ated 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, de crease 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 aircraf t. 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. T he

i mpacted 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 a nd 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 Vis ion

APPENDIX

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