UpTopShots, LLC Request for Section 333 Exemption

1 Section 1: Introduction , and Granting Up TopShots, LLC Exemption in Public Interest

1.1 Operator’s/Applicant’s name and address
Adam A. Thiel

CEO UpTopShots, LLC 1359 Gantry Rd. North Port FL, 34288
aathiel@comcast.net

941

- 661

- 2302
Private Pilot License number: 3287210
Florida Drivers License number: T400001830410

1.2 Granting Exemption in Public Interest UpTopShots , LLC is a provider of ground based aerial photography primarily to the real
estate market in Southwest Florida. Through the use of a truck mounted 17 meter pneumatic mast, UpTopShots, LLC is able to capture the front as well as the rear of properties, providing an overall picture for prospective buyers. The use of a UAS would
be for situatio ns where accessibility is not possible or videos are required . In addition to other proposed uses

.

Adam A. Thiel, is a licensed Private Pilot holding certificate number 3287210. Mr. Thiel
also has numerous hours recreationally flying a Blade Nano QX. Up TopShots , LLC has the background and experience to safely integrate within the NAS and provide low

- risk,

cost

- effective airborne data and photography to its customers.

UpTopShots , LLC also pr oposes to commercially operate its DJI Phantom III,
Professional UAS platform for the purposes of aerial inspections, crop and agricultural surveys, aerial photography, videography, data collection and other flight operations conforming to the propos ed limitations and restrictions. UpTopShots

, LLC holds that commercially operating an UAS within the NAS under these same limitations and restrictions will not pose a hazard to manned aircraft, and that operation of its UAS is in the public best interest by providing an inexpensive, low

- risk alterna tive to manned
data collection observations

.

Section 2: Regarding the Unmanned Aircraft System

The FAA’s public guidance on filing an exemption under Section 333 is reprinted below. This section intends to fulfill each requirement of this guidance.

1. Petitioners should describe how the proposed UAS operation will be safely conducted to minimize risk to the NAS or to persons and property on the ground. Specifically, petitioners should2

describe the design and operational characteristics for the type(s ) of UAS they intend to operate, e.g. aircraft performance and performance limitations, operating procedures, and aircraft loading information in as much detail as possible. This could be provided in the petition or in an Aircraft Flight Manual or similar document.

NOTE: The FAA will consider all information and data submitted by the petitioner that describes the UAS developmental and operational history. This could include statistical data or other documentation for the specific design and performance cha racteristics of the UAS, including the operational history and operational failure modes, obtained through previous Research & Development (R&D) and/or flight test activities, e.g. operations conducted under a COA, with a civil airworthiness certificate, o r under other authorized operating conditions.

2. Petitioners should describe any procedures they would implement, such as pre

- flight inspections, maintenance, and repair, to ensure that the UAS is in a condition for safe flight. This could be provided in the petition, an Aircraft Flight Manual, a Maintenance and Inspection Manual, or similar document.

NOTE: The Aircraft Flight Manual and Maintenance and Inspection Manual may be separate documents or combined in a single document.

3. The petitioner shoul d describe the Radio Frequency (RF) spectrum used for control of the UAS and associated equipment that is part of the UAS (i.e., sensors, cameras, etc.), and whether it complies with Federal Communications Commission (FCC) or other appropriate government

o versight agency requirements.

NOTE: Petitioners should be able to provide the FCC approval letter or show compliance with FCC requirements upon request.

UpTopShots , LLC intends to commercially operate a UAS weighing less than 10lbs, during daylight hours , within visual line of sight of the PIC, at altitudes less than 400ft AGL and at speeds less than 35mph. The UpTopShots PIC shall be a fully qualified airmen, holding at least a sport pilot certificate and associated medical clearance. The proposed UAS is equipped with

GPS

- enabled autopilots (Return To Home) , capable of safe, steady autonomous flight and guided by the PIC. The proposed UAS is a commercially ava ilable, “off the shelf” product that
h as accumulated innumerable flight hours across the world, a nd has proven itself a low

- risk, safe aircraft. Given the small size and weight, low altitudes, slow speeds, a qualified PIC, a GPS

equipped autopilot, data

- link and countless flight hours, UpTopShots , LLC holds that commercially operating t his UAS under the limitations and restrictions set forth is a safe alternative to the current regulatory structure and minimizes risk to the NAS or to persons and property on the ground.3

2.1 Proposed UAS

UpTopShots , LLC intends to operate the DJI Phantom III, Professional w ith the ability to conduct vertical takeoffs and landings, hover, and carry payloads such as cameras, sensors and other equipment necessary to complete its aerial photography, cinematography, videography, mapping, crop surveying and ins pection tasks. The UAS
is described as follows:

DJI Phantom III, Professional

The Phantom III system is comprised of a four

- rotor unmanned aircraft and handheld controller, which is responsible for both operation and camera functions. The gross weight of the Phantom III , Professional is 128 0g /2.8lbs inclusive of battery and camera , and it measures 350mm /13.8in across rotor

- to

- rotor. Its maximum horizontal, ascent and descent speeds are 1 6 m/s ( 35 mph)

, 5 m/s (11.2mph) and 3 m/s (6.7mph) respectively. The Phantom III is powered
with a 15.2 volt Lithium Ion batter y and flies for approximately 23 minutes. More detailed specifications are available in the DJI Phantom III Operations Manual, which is attached as Appendix 1.

2.2 Maintenance & Ins pection

UpTopShots , LLC shall follow the DJI Phantom III, Professional maintenance, overhaul, inspection and record

- keeping guidelines as specified in the operations manual, attached as Appendix 1. UpTopShots , LLC will conduct inspections and

maintenanc e, which shall be noted in the aircraft’s logbook including total flight hours and the nature of maintenance performed. Comprehensive maintenance will

be in conformance with the manufacturer’s guidelines.

In advance of every flight operation, the Pilot In Command (PIC) will thoroughly inspect the UAS to ensure it is safe to fly as described in Appendix 2

. Furthermore, the PIC will conduct a pre

- flight checklist as described in the Operations Manual. With both inspections completed and passed, the UAS shall be deemed safe to fly.

The Phantom III, Professional proposed under this request for exemption will be in compliance with all manufacturer maintenance, system and safety
bulletins.4

2.3 Radio Communications

All radio systems used in the Phantom III , Professional comply with FCC regulations and have earned FCC approval. UpTopShots , LLC shall operate the

UAS in compliance with those approvals. Certificates of compliance may be found in Operations manuals in Appendix 1.

Th e Phantom III, Professional operate s in two different FCC

- approved bands. The remote control operates between 5.728 and 5.85GHz, and the video/data link operates between 2412MHz and 2462MHz.

Section 3: Regarding the Unmanned Aircraft PIC

The FAA’s public guidance on filing an exemption under Section 333 is reprinted below. This section intends to fulfill each requirement of this guidance.

Regarding the Unmanned Aircraft PIC

4. Petitioners should describe the qualifications required of any PIC(s) who will be directly responsible for the operation of the UAS, including information such as: the level of airman certificate held; any applicable training related to the operation; and any minimum hours of flight experience required by the PIC(s), both total flight time and the time with the particular UAS. If the operation would use visual observers, petitioners should describe their roles and qualifications.

5. Petitioners should descri be the medical standards and certification of the PIC(s) directly responsible for the operation of the UAS.

UpTopShots , LLC PIC shall possess a current airline transport, commercial, private, recreational or sport pilot certificate. The PIC shall also ho ld a current FAA airman medical certificate or a valid U.S. Driver’s License. The PIC shall also meet the flight review requirements specified in 14 CFR § 61.56 in an aircraft in which the PIC is rated on his or her pilot certificate.

Prior to commercial operations, UpTopShots , LLC PIC shall have accumulated and logged a
minimum of 25 hours total time as an UAS pilot. Flights for the purposes of training UpTopShots

, LLC’s PICs and VOs (training, proficiency, and experience

- building) and determining the PIC ’s ability to safely operate the UAS in a manner consistent with how the UAS will be operated under this exemption, are requested under the terms of this exemption. Training operations shall only be conducted during dedicated training sessions. During trai ning, proficiency, and experience

- building flights, all persons not essential for f light operations shall be considered nonparticipants, and the PIC shall operate the UA with appropriate distance from nonparticipants in accordance5

with 14 CFR § 91.119.

Section 4: Regarding the Operation of the Unmanned Aircraft

The FAA’s public guidance on filing an exemption under Section 333 is reprinted below, along
with UpTopShots , LLC’s proposal. This section intends to fulfill each requirement of this guidance.

Regarding the Operation of the Unmanned Aircraft

6. Petitioners should fully describe their intended UAS operation(s). Petitioners should describe how the proposed operation(s) would not adversely affect safety, or how they would provide a level of safety at least equivalent to that provided by the rule from which exemption is sought. Petitioners should address any plans to implement clearly defined operational borders and procedures to ensure public safety, which includes persons and property both in the air and on the ground. This can be described in the petition, in an Operations Manual, or similar document. NOTE: The FAA will closely examine the proposed operation(s) with respect to safety of flight, NAS safety considerations, and the safety of the non

- par ticipating persons and property during the operational period and within the operational area.

7. Petitioners should specify the proposed maximum operating speed and altitude, and describe minimum flight visibility and distance from clouds for their intende d operation(s). Petitioners should describe potential hazards and safety mitigations associated with these proposed conditions. These issues can be addressed in the petition, an Operations Manual, or similar document.

The UAS will be operated during dayl ight hours, in compliance with visual flight rules, and flown within direct visual line of sight of the PIC at all times and never over congested or densely populated areas unless specifically authorized by the Air Traffic Organization

- issued
COA. The PI C shall use human vision unaided by any device other than corrective lenses, as specified on the PIC’s FAA

- issued airman medical certificate or U.S. driver’s license.

The UAS shall be operated at an altitude of no more than 400ft AGL, unless specifically authorized and operating under the terms of the COA, at speeds less than 1 5 m/s (3 4 mph). The

UAS will not be operated less than 500ft below or less than 2000ft horizontally from a cloud, or when visibility is less than 3 statute miles.

Prior to beginning a flight, the PIC shall clearly establish the limits in latitude, longitude and altitude AGL to ensure compliance with the COA under which the UAS is flown and establish the “sterile area” for operations. If at any time, this area is breached by unpredicted obstacles6

(manned aircraft or otherwise), the PIC shall abort the flight. Manned aircraft shall have right of way at all times.

In case of a reduced or diminished control link, the UAS will automatically return to a predetermined point within the private or controlled

- access property.

The PIC shall not begin a flight unless there is sufficient available power for the UAS to complete the intended mission and to operate for at least five minutes after that.

By operating within the limitations and guidelines set forth herein, UpTopShots , LLC shall provide an equivalent level of safety to operations under the existing regulatory structure.

8. Petitioners should describe the characteristics of the area of intended operation(s) and the associated potential hazards, in accordance with the statutory mandate under Section 333 regarding proximity to populated areas. These issues can be addressed in the petition, an Operations Manual, or similar document.

9. Petitioners sh ould describe if they intend to operate in the proximity of any airports, in accordance with the statutory mandate under Section 333 regarding proximity to airports.

All flight operations will be conducted at least 500ft from all nonparticipating persons , vessels, vehicles and structures on private or controlled access property with permission from the property owner/controller or authorized representative. In some cases due to mission requirements, the UAS will be operated closer than 500ft to commercial and industrial infrastructure and facilities. In these instances, UpTopShots , LLC shall have the authorization of the property owner/controller or from an authorized representative, and the PIC shall have conducted a safety assessment and determined that it does not present an undue hazard. Permission from the property owner/controller or authorized representative will be obtained for each flight to be conducted.

Flight operations will not take place with 5nm of airport unless a letter of agreement with t hat airport’s management is obtained and/or otherwise permitted by an Air Traffic Organization

issued COA. Foreseen hazards include encroachment of manned aviation operations and non

- participants on the ground. Both of these hazards are mitigated by choice of location (non

- congested areas) and strict limits on range (visual line of sight) and altitude established herein. Operation under these limits effectively mitigates these risks.

10. The UAS must be operated within visual line

- of

- sight (VLOS), in acco rdance with the statutory mandate under Section 333(b)(1). Petitioners should describe how they intend to comply with his mandate.7

11. Petitioners should describe any procedures they would implement for conducting a preflight safety risk assessment to determine that the UAS is in a condition for safe flight (14 CFR § 91.7(b)) and that the planned operation can be completed safely. These procedures can be addressed in the petition, an Aircraft Flight Manual, Operations Manual, or similar document.

As described above, The UAS will be operated during daylight hours, in compliance with visual flight rules, and flown within direct visual line of sight of the PIC at all times. The PIC shall use human vision unaided by any device other than corrective lenses, as specified on the PIC’s FAA

issued airman medical certificate or U.S. driver’s license.

In advance of every flight operation, the Pilot In Command (PIC) will thoroughly inspect the

UAS to ensure it is safe to fly as described in Appendix 1 . Furthermore, the PIC will conduct a

pre

- flight checklist as described in Appendix 1

, and ensure the planned operation can be completed safely with su fficient battery reserves (including wind and terrain limitations). With both inspections completed and passed, the UAS shall be deemed safe to fly.



### 12. If petitioners intend to conduct operations which have existing requirements to notify Flight

Standards Di strict Offices (FSDOs) prior to operations

– such as motion picture and television filming, or pipeline and powerline patrol

– petitioners should describe their intended coordination in this regard for their proposed operation(s).

UpTopShots , LLC’s aer ial infrastructure inspections, cinematography/videography or agricultural operations do not require notification to FSDOs.

13. The FAA intends to require entities who obtain an exemption under this process to also obtain a Certificate of Waiver or Authorization (COA) from the FAA Air Traffic Organization prior to conducting operation(s) in the NAS. The COA application is
available here.

As stated previously, UpTopShots , LLC shall obtain an Air Traffic Organization

- issued COA prior to conducting any operations under this requested grant of exemption. UpTopShots , LLC seeks primarily to operate under the “Blanket 200ft COA” guidance offered by the FAA in March, 2015 and respectfully requests that COA be issued concurrently with these exemptions. For operations not conforming to the “Blanket 200ft COA” guidance, UpTopShots , LLC will seek separate and additional COAs to operate its UAS

.8

Section 5: Requested Exemptions

14 C.F.R Part Summary of Regulation Proposed Action 21, Subpart H Airworthiness Certification In consideration of the size, weight, speed, and limited operating area associated with the aircraft and its operation, the FAA has previously held that this aircraft meets the conditions of Section 333, therefore, requested relief rom 14 CFR part 21, and any associated noise certification and testing requirements of part 36, is not necessary.

45.23(b) Display of Marks UpTopShots, LLC UAS shall be identified by serial number and N

- number, in markings as large as practical given the small size of the aircraft. However, the 2inch minimum set forth in this rule is impractical, therefore relief is requested.9

14 C.F.R Part Summary of Regulation Proposed Action 61.23(a) 61.101(e)(4&5) 61 113(a) & (b) 61.133(b) 61.315(a) Certification: Pilots, Flight Instructors and Ground
Instructors In previous petitions for exemption, the FAA has held that a PIC of an UAS holding at least a Sport Pilot certificate and a U.S. Driver’s License, or greater medical certification, would

not adversely affect safe operations within the NAS or present a hazard to people

or struct ures on the ground. Relief, subject to the limitations provided in this document, is requested.

91.7(a) Civil Aircraft Airworthiness The PIC, operating on behalf of UpTopShots, LLC, shall perform preflight inspections and ensure airworthiness prior to flight as described in this document, manuals and appropriate appendices. Relief from this requirement is not necessary. 91.9(b)(2) & (c) Civil aircraft flight manual, marking, and placard requirements UpTopShots, LLC shall provide a current UAS Flight Manual, and operational instruction material at the location of the PIC and/or Ground Station. The FAA has previously determined that, given this, relief from this requirement is not necessary.

91.103 Preflight Action UpTopShots, LLC will perform. Relief is not

necessary.10

14 C.F.R Part Summary of Regulation Proposed Action
91.105 Flight Crewmembers at
Stations No human will be aboard the UAS operated by UpTopShots, LLC, however, the FAA has held in previous petitions that relief is not necessary.

91.109(a) Flight Instruction UpTopShots, LLC will conduct flight training in accordance with the guidance and limitations offered in this document, as well as the Operations & Flight Manuals attached as appendices to this document. The FAA has held in previous petitions that relief is not necessary.

91.119 Minimum Safe Altitudes Request relief within limitations and restrictions proposed herein, specifically
in Section 4.

91.121 Altimeter Settings The UAS UpTopShots , LLC proposes to operate measures altitude with both barometric pressure sensors and GPS. Prior to each flight, the barometric altimeter will be set to 0ft AGL instead of the setting of the nearest reporting station. UpTopShots, LLC holds that by counting altitude in AGL, zeroed at the point of departure, will ensure conformance to the COA restrictions under which the UAS is operating. Given the low operating altitudes of system and operating within the proposed restrictions, relief is requested.11

14 C.F.R Part Summary of Regulation Proposed Action
91.151 F uel Requirements in VFR Conditions As described in this document, the UAS UpTopShots, LLC proposes to operate have total endurance of between 20 and 30 minutes. UpTopShots, LLC will ensure missions are conducted with sufficient reserve to operate for at least five minutes after the intended mission is complete. The short flight time makes the reserves specified in 91.151 impractical and therefore relief is requested.
91.203 Certifications Required UpTopShots, LLC will place these documents at the locati on of the ground station and/or with the PIC. The FAA has previously held that this is sufficient to provide an equivalent level of safety, and therefore, relief is requested.
91.405 Maintenance Required Relief is requested within the limitations and cond itions set forth in Section 2.2 of this document.
91.407 Operation After Maintenance Relief is requested within the limitations and conditions set forth in Section 2.2 of this document.
91.409 Inspections Relief is requested within the limitations and co nditions set forth in Section 2.2 of this document.
91.417 Maintenance Records Relief is requested within the limitations and conditions set forth in Section 2.2 of this document.

Section 6: Public Interest & Equivalent Level of Safety

Though this is addressed in pieces of this petition, a more complete answer is provided in this

section.12

UpTopShots , LLC proposes certain 14 CFR exemptions to allow commercial operation of its small unmanned aircraft systems for the purposes of aerial photography, cinem atography, videography, mapping, crop surveying, inspections and other flight operations, so long as such operations are conducted within and under the conditions outlined herein.

Traditional agricultural operations such as crop inspections and data colle ctions under the current regulatory structure include the use of manned aircraft, which are expensive, inefficient and cannot be safely operated in close proximity to the ground. By using a UAS to complete these missions the public interest is served by in creasing safety to pilots, passengers
and non

- participants on the ground.

Traditional industrial infrastructure inspection operations under the current regulatory structure are often performed 1) from the ground, where high detail is impossible 2) by a
cl imber at great risk to his or her personal safety, or 3) by a manned aircraft where flying close to elevated infrastructure is extremely dangerous, and not permitted by 14 CFR 91.119.

Grant of exemption, with the conditions and limitations set forth herei n, to UpTopShots , LLC will provide for at least an equivalent or better level of safety, reduce risk to life and property, thereby serving the public interest.

Section 7: Summary of Exemption Request for the Federal Register

In accordance with 14 CFR 11 .81 and Section 333 of the FAA Modernization and Reform Act of 2012, P.L. 112

- 95, UpTopShots , LLC seeks exemption from the requirements of 14 C.F.R §§ Part 21, Subpart H, 45.23(b), 61.23(a), 61.101(e)(4&5), 61 113(a) & (b), 61.133(b), 61.315(a), 91.7(a), 91 .9(b)(2) & (c ), 91.103, 91.105, 91.109(a), 91.119, 91.121, 91.151, 91.203, 91.405, 91.407, 91.409 and 91.417 to operate small unmanned vehicles weighing 55lbs or less for commercial purposes.

Approval of these exemptions will allow UpTopShots , LLC to con duct safe, commercial operation of small unmanned aircraft for the purposes of aerial photography, cinematography, videography, mapping, crop surveying, inspections and other flight operations. Section 8: Compliance with 14 CFR 11.81

14 CFR 11.81a

– Publi shed on Cover Page.

14 CFR 11.81b

– Please see Section 5.

14 CFR 11.81c

– Please see Sections 2, 3, 4 and 5. 14 CFR 11.81d

– Please see Section 6.13

14 CFR 11.81e

– Please see Section 6.

14 CFR 11.81f

– Please see Section 7.

14 CFR 11 .81g

– Please see Appendices 1

- 4 . 14 CFR 11.81h

– Not applicable.

Appendix 1: DJI Phantom III, Professional Operations Manual

Appendix 2: DJI Phantom Safety Guidelines

Appendix 3: DJI Intelligent Flight Battery Safety Guidelines

Appendix 4: DJI Phantom Pilot Training Guide