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August 10, 2015

U.S. Department of Transportation 

Federal Aviation Administration

Docket Management System

1200New Jersey Ave, SE

Washington, DC 20590

Re: Up Above Productions, LLC- Petition for Exemption

Attachments: These attachments are too large for submission via the 

submission portal. They are available at this website for viewing or 

download.

http://dji.com/product/phantom-2/download

1) Phantom 2 Professional User Manual

2) Phantom 2 Professional Quick Start Guide

3) Phantom 2 Safety Guidelines and Disclaimer

References:

1) FAA Exemption No. 11138, Regulatory Docket No. FAA20140481 in 

the matter of the petition of Douglas Trudeau.

2) FAA Exemption No. 11136, Regulatory Docket No. FAA-2014-0508 in 

the matter of the petition of Advanced Aviation Solution LLC.

3) FAA Exemption No. 11437, Regulatory Docket No. FAA–2015–0221 

in the matter of the petition of Marcus D. Melhus.

Dear Sir or Madam:

Pursuant to Section 333 of the FAA Modernization and Reform Act of 12

(“FMRA”) and 14 C.F.R. 11.81, Up Above Productions, LLC (“UAP”) seeks 

an exemption for the Federal Aviation Regulations (“FARs”) listed below to 

permit commercial operation of small Unmanned Aircraft Systems (“UAS”) 

to perform various tasks including:

 Aerial surveying and mapping;
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 Filmmaking, cinematography, and videography;

 Inspections;

 Agriculture and crop imaging;

 Construction services;

 Environmental management and analysis;

 Real estate marketing and promotions;

 Wildlife and forestry monitoring; and

 Business marketing and promotions.

The one UAS proposed for use by UAP is the DJI Phantom 2. UAP’s 

UAS operations will be conducted under the safeguards described in this 

petition and as may be further established by FAA.

The agency has already issued over 1,000 Section 333 exemptions to 

various commercial enterprises for UAS applications ranging from aerial 

photography and precisions agriculture to construction and surface mining. 

In issuing the Section 333 Grants, FAA found that “the enhanced safety 

achieved using an unmanned aircraft (UA) with the specifications described 

by the petitioner... gives the FAA good cause to find that the UAS operation 

enabled by the exemption is in the public interest.” This public interest and 

safety justifications apply to UAP’s petition, and should enable the FAA to 

grants UAP’s petition on an expedited basis. 

The requested exemption would permit UAP to operate the specified 

UAS under controlled conditions in low-altitude airspace. UAP’s UAS is a 

small, weighing 55 pounds or less, and under normal conditions, it will 

operate at speeds of 50 knots or less. Under no circumstances will the UAS 

be operated at speeds exceeding 87 knots. 

I. Petitioner

UAP is a multi-media production company seeking to utilize UAS 

technology to offer our clients different opportunities to market, capture, 

promote, or analysis their personal or business interest. UAP seeks to 

incorporate UAS technology and techniques to UAP’s other media 

production services in order to offer our clients creative options.

All communication regarding UAP’s petition should be directed to:

Up Above Productions, LLC

209 Anderson Ave.
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Fort Valley, GA 31030

Attn: Hunter Smith

II. Operations

Design

The DJI Phantom 2 is comprised of a UAS. It is a quad-copter that is 

equipped with four rotors that are driven by electronic motors and 

powered by batteries. It is approximately less than or equal to 1300 

grams in weight from takeoff. It is 350mm long diagonally. 

Aircraft Registration:

The UAS will be identified by serial number, PT646018350 V2.0 and 

registered in accordance with 14 C.F.R. § 47, and have an identification 

marking in accordance with 14 C.F.R. § 45 Subpart C. these marking will 

be made as large as is practicable on the UAS in accordance with 14 

C.F.R. § 45.29 (f). 

Maintenance Standards

- Pilot in charge must determine whether UAS is in condition for safe 

flight.

- Pre and post flight inspections will be routinely conducted.

- Maintenance will be performed in accordance with the 

manufacturer’s guidelines and by certified technicians.

- All inspections and maintenance will be documented in house.

- After maintenance, certified technicians will verify the UAS is ready 

for flight.

Operations Execution

All flight operations will:

- Fly below 400 feet and remain clear of surrounding obstacles.

- Keep the aircraft within visual line of sight at all times.

- Remain well clear of and not interfere with manned aircraft 

operations.

- Not fly within 5 miles of an airport unless contact is made with the 

airport and control tower before flying.

- Not fly near groups of people, stadiums or member of the general 

public. 
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- Be conducted using a UAS weighing less than 55 lbs.

- Not fly in a careless or reckless manner.

- Limit flight to days when weather will not create unnecessary safety 

risks.

- Limit flight to remote areas away from the public, and if possible 

conducted on a closed set.

- Be conducted with the permission of property owner or controller 

where the flight is taking place.

- Have a predetermined flight plan that all crew members are aware of. 

III. Regulations from Which an Exemption is Requested

UAP requests an exemption from the following regulations to the extent 

necessary to conduct the operations described:

a. 14 C.F.R. § 61.23(a) and (c)- medical certificates: requirements and 

duration

These above sections generally require pilots of manned aircraft 

to hold a FAA medical certificate. As of March 24, 2015, however, 

FAA determined that operators holding a valid driver’s license may 

conduct commercial UAS operations under a Section 333 grant in lieu 

of a third class medical certificate. Therefore, UAP request the same 

exemption from these provisions.

b. 14 C.F.R. § 61.113(a) & (b)

The petitioner requests relief in order to facilitate the 

utilization of an experienced UAS operator. Our UAS operators have 

had numerous hours of UAS recreational flights. UAP will achieve an 

equivalent level of safety as achieved by current regulations because 

UAP’s UAS does not carry any pilots or passengers. Furthermore, 

while helpful, a pilot license will not ensure remote control piloting 

skills. The risks attendant to the operation of UAP UAS is far less than 

the risk levels inherent in the commercial activities outlined in 14 

C.F.R. § 61, et seq. Additionally, all pre-flight inspection, maintenance 

and flight logs will be saved and made available to the FAA and 

Secretary of Transportation (SoT) for review; with the purpose of 

safely integrating civil UAS operation in the National Airspace 

System.

c. 14 C.F.R. § 91.119(c) 
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As discussed in Exemption 11138 (DOUGLAS TRUDEAU), 

operations conducted closer than 500 feet to the ground may require 

that the UA be operated closer than 500 feet to essential persons, or 

objects that would not be possible without additional relief. The 

petitioner requests modification, waiver or exemption and 

clarification concerning the terms “congested areas” and “densely 

populated”. 

The petitioner requests waiver for this condition to allow 

reasonable and responsible operations in areas of subdivisions and 

neighborhoods if required. The petitioner will primarily operate the 

UAS between ground level and 200 feet. The UAS will be operated 

over designated properties with the owner’s consent and while 

maintaining a safe distance from persons. The petitioner will compile 

flight data from the logs. This data may assist the FAA in 

development of regulations for commercial operations in low-risk, 

controlled environments.

d. 14 C.F.R. § 91.121 

As discussed in Exemption 11138 (DOUGLAS TRUDEAU) is 

inapplicable since the UAS does not have an altimeter and instead 

utilizes electronic GPS with a barometric sensor for altitude information. 

91.151(a) as discussed in Exemption 11136 (ADVANCED AVIATION 

SOLUTIONS LLC) prior relief has been granted for manned aircraft to 

operate at less than the prescribed minimums, including Exemption 

Nos. 2689, 5745, and 10650. In addition, similar UAS specific relief has 

been granted in Exemption Nos. 8811, 10808, and 10673 for daytime, 

VFR conditions. The UAS provides battery power remaining in percent 

to the PIC. The UA batteries provide approximately 25 minutes of 

powered flight. Information provided in the operating documents 

discusses procedures regarding remaining battery power management. 

Those documents contain a condition in which the PIC will initiate a 

landing procedure when battery remaining reaches a specified level. 

Given the limitations on proposed operations and the location of those 

proposed operations, The FAA found that a reduced minimum power 

reserve for flight in daytime VFR conditions was reasonable. 

As discussed in Exemption 11437 (MARCUS D. MELHUS) prior relief 

has been granted for unmanned aircraft is in the public interest and 

under the authority in 49 U.S.C. 106(f), 40113, and 44701, MR. 

MELHUS was 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, 
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91.151(a)(1), 91.405(a), 91.407(a)(1), 91.409(a)(1) and (2), and 91.417(a) 

and (b).

e. 14 C.F.R. §91.7(a)

Civil aircraft airworthiness. The regulation requires that no person 

may operate a civil aircraft unless it is in airworthy condition. As there 

will be no airworthiness certificate issued for the aircraft, should this 

exemption be granted, no FAA regulatory standard will exist for 

determining airworthiness. Given the size of the aircraft for maintenance 

and use of safety check lists prior to each flight, as set forth in Sections J, 

L and Q, an equivalent level of safety will be provided.

f. 14 C.F.R. §91.119

Minimum safe altitudes Section 91.119 establishes safe altitudes for 

operation of civil aircraft. Section 91.119 (d) allows helicopters to be 

operated at less than the minimums prescribed, provided the person 

operating the helicopter complies with any route or altitudes prescribed 

for helicopters by the FAA. As this exemption is for a sUAS that is a 

helicopter and the exemption requests authority to operate at altitudes 

up to 400 AGL, or not more than 200 above an elevated platform from 

which filming is planned, an exemption may be needed to allow such 

operations. As set forth herein, the sUAS will never operate at higher 

than 400 AGL with the exception that in circumstances where the sUAS 

is used to survey or photograph a structure whose height exceeds 400 

feet AGL, the sUAS will not be operated more than 100' above the 

highest point on the structure. It will however be operated in a restricted 

area with security perimeter, where buildings and people will not be 

exposed to operations without their pre-obtained consent. 

The equivalent level of safety will be achieved given the size, weight, 

speed of the sUAS as well as the location where it is operated. No flight 

will be taken without the permission of the property owner or local 

officials. Because of the advance notice to the property owner and 

participants in the filming activity, all affected individuals will be aware 

of the planned flight operations. Compared to flight operations with 

aircraft or rotorcraft weighting far more than the maximum 55lbs. 

proposed herein and the lack of flammable fuel, any risk associated with 

these operations is far less than those presently presented with 

conventional aircraft operating at or below 500 AGL in the movie 

industry. In addition, the low-altitude operations of the sUAS will ensure 
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separation between these small- UAS operations and the operations of 

conventional aircraft that must comply with Section 91.119.

g. 14 C.F.R. §91.121 Altimeter Settings 

This regulation requires each person operating an aircraft to maintain 

cruising altitude by reference to an altimeter that is set “...to the 

elevation of the departure airport or an appropriate altimeter setting 

available before departure.” As the sUAS may not have a barometric 

altimeter, but instead a GPS altitude read out, an exemption may be 

needed. An equivalent level of safety will be achieved by the operator, 

pursuant to the safety check list and live flight data monitoring, 

confirming the altitude of the launch site shown on the GPS altitude 

indicator before flight.

h. 14 C.F.R. § 91.151(a): 

Fuel Requirements for Flight in VFR Conditions Section 91.151 (a) 

prohibits an individual from beginning “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.” 

The battery powering the sUAS provides approximately 30 minutes of 

powered flight. To meet the 30 minute reserve requirement in 14 CFR 

§91.151, sUAS flights would be limited to approximately 10 minutes in 

length. Given the limitations on the sUAS’s proposed flight area and the 

location of its proposed operations within a predetermined area, a 

longer time frame for flight in daylight or twilight VFR conditions is 

reasonable. 

Applicant believes that an exemption from 14 CFR §91.151(a) falls 

within the scope of prior exemptions. See Exemption 10673 (allowing 

Lockheed Martin Corporation to operate without compliance with FAR 

91.151 (a)). Operating the small UAS, in a tightly controlled area where 

only people and property owners or 6 official representatives who have 

signed waivers will be allowed, with less than 30 minutes of reserve fuel, 
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does not engender the type of risks that Section 91.151(a) was intended 

to alleviate given the size and speed of the small UAS. Additionally, 

limiting sUAS flights to 10 minutes would greatly reduce the utility for 

which the exemption will be granted. 

Applicant believes that an equivalent level of safety can be achieved 

by limiting flights to 30 minutes or 25% of battery power— whichever 

happens first. This restriction would be more than adequate to return 

the sUAS to its planned landing zone from anywhere in its limited 

operating area. 

Similar exemptions have been granted to other operations, including 

Exemptions 2689F, 5745, 10673, and 10808.

i. 14 C.F.R. §91.405 (a); 407 (a) (1); 409 (a) (2); 417(a) & (b): 

Maintenance Inspections These regulations require that an aircraft 

operator or owner “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...,” and others shall inspect or 

maintain the aircraft in compliance with Part 43.

Given that these section and Part 43 apply only to aircraft with an 

airworthiness certificate, these sections will not apply to the applicant. 

Maintenance will be accomplished by the operator pursuant to the flight 

manual and operating handbook. An equivalent level of safety will be 

achieved because these small UASs are very limited in size and will carry 

a small payload and operate only in restricted areas for limited periods 

of time. If mechanical issues arise the sUAS can land immediately and 

will be operating from no higher than 400 feet AGL. The operator will 

ensure that the sUAS is in working order prior to initiating flight, 

perform required maintenance, and keep a log of any maintenance 

performed. Moreover, the operator is the person most familiar with the 

aircraft and best suited to maintain the aircraft in an airworthy condition 

to provide the equivalent level of safety. 

An equivalent level of safety will be achieved because maintenance 

and inspections will be performed in accordance with the sUAS 

Manufacturer's Manual, as referenced in the Aircraft Operations 

Manual. As provided in the Operations Manual, the operator will ensure 
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that the sUAS is in working order prior to initiating flight and perform 

required maintenance needed.

IV. Public Interest and Safety

Authorizing UAP to conduct commercial operations using a UAS 

under the conditions specified herein would direct achieve the safety 

requirements of the FAA. The FAA has the authority to select companies 

who are able to achieve a high level of safety while providing desired 

UAS services to the public at large. UAP is one of those companies.

UAP will provide its UAS services in strict operating environments. 

UAP will be performing its services in locations they have direct 

permission for the owner/operator. The use of an UAS will benefit the 

public by promoting client’s businesses, events, real estate, etc. This new 

creative way to use technology with help the public become a more 

informed shopper, and indirectly, lead to more jobs, increase wages, and 

economic growth. 

Further, the use of UAS in this field will benefit the public by utilizing 

a safer aircraft for creative purposes. Aerial photography and 

videography has been limited to manned fixed wing aircraft and 

helicopters. These aircraft can weigh 5000 lbs. or more and are operated 

by an on board pilot, in addition to other onboard crew members, as 

necessary. In comparison, Petitioner's aircraft weighs just 3 lbs. and the 

pilot and crew will be remotely located from the aircraft. The limited 

weight of the aircraft significantly reduces the potential for harm to 

persons or damage to property in the event of an incident or accident 

while the risk to on board pilot and crew is eliminated. 

Further, manned aircraft can carry 100 gallons or more of fuel and 

therefore are at risk of fuel spillage or fire in the event of an incident or 

accident. The DJI Phantom 2 carries no fuel and therefore the risk of fire 

following an incident or accident due to fuel spillage is related.

V. Risk mitigation 

The petitioner has reviewed FAA exemptions reference’s 13

Conditions and Limitations section and believes that the procedures 

specified therein are reasonable and will be utilized in order to manage 

and mitigate risk and ensure public safety. A preflight checklist will be 

developed and employed to ensure that the UA airworthiness will be 
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verified before launch. Airworthiness will be maintained by performance 

of routine inspections before each flight, maintaining flight and 

maintenance logs to record time on failure prone components.

“The UA may not operate in Class B, C, or D airspace without written 

approval from the FAA. The UA may not operate within 5 nautical miles 

of the geographic center of a non towered airport as 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 letter of agreement with the airport management must be 

made available to the Administrator upon request.” 

Operations within 5 miles of an airport are not anticipated to be 

routine but the petitioner is requesting a mechanism to facilitate such 

activities without requesting a new and separate exemption(s) should 

the need arise. Operations within class B airspace are not requested due 

to the lack of mode C transponder.

VI. Conclusion 

The petitioner is requesting this exemption for the purposes of “aerial 

photography, cinematography, videography, mapping, crop surveying, 

inspections and other flight operations”. The reason for such a general 

and broad based request is that the petitioner wishes to utilize a business 

strategy of horizontal integration and maximize economies of scope in 

order to capitalize on opportunities as they may arise in the future 

without the long turnaround time associated with additional 

exemptions. The petitioner's business model is based on the idea of 

offering ad hoc small UAS services to individuals or companies who wish 

to employ these services as a safe, effective, and legal option to enhance 

their business or hobby. The petitioner’s own market research shows

pent up demand for these services currently exists in the real estate 

market and other markets are just beginning to emerge. The petitioner 

has refrained from engaging in commercial use of the UAS. The primary 

purpose of seeking this exemption is to obtain the capability to offer 

those services while remaining incompliance. 

Respectfully yours,

 Hunter D. P. Smith