February 24, 2016

U.S. Department of Transportation

Docket Management System

1200 New Jersey Ave., SE

Washington, D.C. 20590

Re: Petition of Steve Upshaw for Exemption from Certain Federal Aviation Regulations to Operate 

Unmanned Aircraft Systems Pursuant to Section 333 of the FAA Modernization and Reform Act -

UAS Registration #FA3FXAPK7L

Dear Sir or Madam:

Pursuant to Section333 of the FAA Modernization and Reform Act ("FMRA") and 14

C.F.R. part 11, Steve Upshaw hereby petitions the Federal Aviation Administration

("FAA") for exemption from 14 C.F.R. §§ 61.2, 61.3, 61.5, 61.23, 61.101, 61.113,

61.315, 91.7, 91.119, 91.121, 91.15l, 91.215, 91.405, 91.407, 91.409, and 91.417, and any other rules 

the FAA deems necessary, to enable Steve Upshaw to operate unmanned aircraft systems ("UAS") 

for aerial data collection. Specifically, Steve Upshaw seeks to operate UAS for aerial video 

production, commercial production, and contract video production using the Freefly Systems 

Cinestar 8, DJI Phantom and the DJI Inspire. Because this petition is similar in all material respects 

to previously-granted Section 333 petitions, Steve Upshaw requests expedited approval pursuant to 

the FAA's summary grant process.

I. PROPOSED OPERATIONS AND PUBLIC INTEREST BENEFITS

Steve Upshaw is a real estate agent and contract video producer. Permitting Steve Upshaw to use 

UAS will result in better video production. Through their unique views, UAS can provide a 

perspective that footage taken from the ground cannot. Moreover, UAS can improve the accuracy 

and depth of information that Steve Upshaw can convey to the public during production of the video 

product. Authorization to operate UAS will enable Steve Upshaw to provide information and 

imagery to the public that is otherwise unavailable given existing barriers. Using UAS, Steve 

Upshaw can ensure the safety of his crewmembers while also gathering crucial information for his

viewers. Pursuant to this authorization, Steve Upshaw will conduct additional operations allowing 

him to bring content to its viewers more safely, efficiently, and effectively. First, Steve Upshaw is 

involved in the production of commercial and marketing content. Steve Upshaw will use UAS to 

safely and efficiently obtain interesting aerial footage that will enhance this content and provide a 

unique perspective to viewers. Steve Upshaw is committed to the safe operation of his UAS, and will 

adhere to stringent operating conditions in conformity with past grants of exemption. These 

conditions ensure that Steve Upshaw will operate safely in the national airspace, mitigate the risks of 

harming other aircraft or people or property on the ground, and present no threat to national security. 

Adhering to these parameters, Steve Upshaw will be able to safely and effectively operate his UAS to 

the benefit of his viewers, crewmembers and the general public.
II. THEUAS Registration #FA3FXAPK7L

Steve Upshaw requests an exemption to operate the Freefly Systems Cinestar 8, DJI Phantom and the 

DJI Inspire, all of which are well below 55 pounds including payload. Through the Section 333 

exemption process, the FAA has authorized use of all UAS for which exemption is requested herein.

III. REQUEST FOR SUMMARY GRANT

Because this petition is similar in material respects to previous petitions the FAA has

granted, Steve Upshaw requests that the FAA issue a summary grant of exemption pursuant to the

agency's expedited summary grant process. Steve Upshaw will adhere to a series of operating 

parameters that will offer the same level of safety as the conditions the FAA currently requires in its 

summary grants.

IV. APPLICANT INFORMATION

The name and contact information of the applicant is:

Steve Upshaw

1106 Wilmore Rd

Memphis TN 38117

' Regulations from which exemption is requested:

14 C.F.R. §§ 61.2;

14 C.F.R. §§ 61.3;

14 C.F.R. §§ 61.5;

14 C.F.R. §§ 61.23;

14 C.F.R. §§ 61.101;

14 C.F.R. §§ 61.113;

14 C.F.R. §§ 61.315;

14 C.F.R. §§ 91.7;

14 C.F.R. §§ 91.119;

14 C.F.R. §§ 91.121;

14 C.F.R. §§ 91.151;

14 C.F.R. §§ 91.405;

14 C.F.R. §§ 91.407;

14 C.F.R. §§ 91.409;

14 C.F.R. §§ 91.417.

V. OPERATING PARAMETERS

Steve Upshaw will adhere to the following operating parameters when operating UAS pursuant

to a grant of the requested exemption:

1. Operations will be conducted using the Freefly Systems Cinestar 8, DJI Phantom, and the DJI 

Inspire.

2. The UAS will not be operated at a speed exceeding 87 knots (100 miles per hour), at an

altitude greater than 200 feet above ground level, or, when visibility is less than 3 statute

miles, less than 500 feet below or 2,000 feet horizontally from a cloud. All operations

will be conducted during the day under visual meteorological conditions.

3. All operations will be conducted in accordance with a Certificate of Waiver or

Authorization ("COA'').
4. All operations will use a pilot-in-command ("PIC") and the UAS will remain within the visual line 

of sight of the PIC. The PIC will maintain VLOS capability at all times.

5. The PIC will hold a valid U.S. driver's license.

6. Steve Upshaw will ensure prior to operation that the PIC has demonstrated the ability to safely

operate the UAS in a manner consistent with how the UAS will be operated under this

exemption, including evasive and emergency maneuvers and maintaining appropriate

distances from persons, vessels, vehicles and structures.

7. Steve Upshaw 's operating documents will be accessible during UAS operations and made

available to the Administrator upon request.

8. Prior to each flight, the PIC will conduct a pre-flight inspection and determine the UAS is

in a condition for safe flight. If the inspection reveals a condition that affects the safe

operation of the UAS, the UAS will not be operated until the necessary maintenance has

been performed and the UAS is found to be in a condition for safe flight.

9. Any UAS that has undergone maintenance or alterations that affect the UAS operation or

flight characteristics, e.g., replacement of a flight critical component, will undergo a

functional test flight prior to conducting further operations under this exemption.

10. Steve Upshaw will follow the UAS manufacturer's maintenance, overhaul, replacement,

inspection, and life limit requirements, as well as safety bulletins, for the aircraft and

aircraft components.

11. The PIC will abort the flight in the event of unpredicted obstacles or emergencies, and

will yield to all manned aviation activities.

12. Steve Upshaw will register and mark his UAS in accordance with 14 C.P.R. parts 47 and 45.

VI. THE FAA'S AUTHORITY TO GRANT THIS PETITION

The FAA has authority to grant the exemption requested herein under the FMRA and the

Federal Aviation Act. Section 333 of the FMRA deals specifically with integrating UAS into the

national airspace, and directs the Secretary of Transportation to determine which UAS, "as a

result of their size, weight, speed, operational capability, proximity to airports and populated

areas, and operation within visual line of sight do not create a hazard to users of the national

airspace system or the public or pose a threat to national security. Section 333 further directs

the Secretary to "establish requirements for the safe operation of such aircraft systems in the

national airspace system. The Federal Aviation Act authorizes the Administrator of the FAA

to grant exemptions from regulations prescribed under certain provisions of the Act where such

exemptions are in the public interest. Part 11 of the Federal Aviation Regulations governs the

FAA's exemption process and requirements. The FAA has granted more than 3,400 exemptions

to date pursuant to its Section 333 and exemption authority, enabling commercial UAS

operations in a wide variety of industries.

VII. SUMMARY TO BE PUBLISHED IN THE FEDERAL REGISTER

Should the FAA determine that publication in the Federal Register is required, Steve Upshaw

offers the following summary pursuant to section 11.81 of the FAA's rules:

Petitioner: Steve Upshaw

Sections of 14 C.F.R. Affected: 14 C.F.R. §§ 61.2, 61.3, 61.5, 61.23, 61.101, 61.113, 61.315, 91.7, 

91.119, 91.121; 91.15l, 91.405; 91.407, 91.409, 91.417.

Description of Relief Sought: Petitioner seeks relief from the requirements of 14 C.F.R. §§

61.2, 61.3, 61.5, 61.23, 61.101, 61.113, 61.315, 91.7, 91.119, 91.121; 91.15l, 91.405; 91.407, 

91.409, 91.417 to operate unmanned aerial systems for video content production.
VIII. CONCLUSION

As demonstrated above, the UAS operations Steve Upshaw has proposed in this petition for

exemption will garner significant public benefits while presenting minimal safety risks.

Steve Upshaw 's petition is substantially similar to previous petitions the FAA has granted, meriting a 

summary grant of exemption. Steve Upshaw respectfully requests that the FAA grant this petition to 

enhance Steve Upshaw 's ability to provide content to his viewership.

Sincerely,

Steve Upshaw