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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;2

 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 option s. All communication regarding UAP’s petition should be directed to: Up Above Productions, LLC 209 Anderson Ave.3

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 diag onally.
A ircraft 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 b e 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
A ll 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.4

- 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 lice nse may conduct commercial UAS operations under a Section 333 grant in lieu
o f 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 operati on in the National Airspace System. c. 14 C.F.R. § 91.119(c)5 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
r easonable 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 w hile 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 S OLUTIONS 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 10 673 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 b attery 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, Th e 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), 91.121,6

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 heli copter 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 platf orm 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 operat ions 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 ensure7

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 alt itude 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 n ormal 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 re serve 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 complian ce 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,8

does not engender the typ e 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 operatin g 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 accompli shed 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 peri ods 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 lo g 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 ensure9

that the sUAS is in working order p rior 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 servi ces 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 benef it 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 operate d 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 red uces 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 refe rence’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 ensu re that the UA airworthiness will be10

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 ope rate 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 airspac e 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 petitione r 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 obtai n the capability to offer those services while remaining incompliance.

Respectfully yours, Hunter D. P. Smith