UpTopShots, LLC Request for Section 333 Exemption

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Section 1: Introduction, and Granting UpTopShots, 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 situations 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. UpTopShots, 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 proposes 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 proposed 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 alternative 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 should 
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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 characteristics 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, or 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 should 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 

oversight 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 available, “off the shelf” product that 

has accumulated innumerable flight hours across the world, and has proven itself a low - risk, 

safe aircraft. Given the small size and weight, low altitudes, slow speeds, a qualified PIC, a GPSequipped autopilot, data -link and countless flight hours, UpTopShots, LLC holds that 

commercially operating this 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.
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2.1 Proposed UAS

UpTopShots, LLC intends to operate the DJI Phantom III, Professional with 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 inspection 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 1280g/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 16 m/s (35mph), 

5m/s (11.2mph) and 3m/s (6.7mph) respectively. The Phantom III is powered 

with a 15.2 volt Lithium Ion battery 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 & Inspection 

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 

maintenance, 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.
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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.

The Phantom III, Professional operates 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 describe 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 hold 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 training, proficiency, and experience -

building flights, all persons not essential for flight operations shall be considered nonparticipants, 

and the PIC shall operate the UA with appropriate distance from nonparticipants in accordance 
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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-participating 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 intended 

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 daylight 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 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.

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 15m/s (34mph). 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 obstacles 
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(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 should 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 that 

airport’s management is obtained and/or otherwise permitted by an Air Traffic Organizationissued 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 accordance with the 

statutory mandate under Section 333(b)(1). Petitioners should describe how they intend 

to comply with his mandate.
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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 FAAissued 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 sufficient 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 District 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 aerial 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.
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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.
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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 structures 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.
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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.
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14 C.F.R Part Summary of Regulation Proposed Action

91.151 Fuel 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 

location 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 conditions 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 conditions 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.
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UpTopShots, LLC proposes certain 14 CFR exemptions to allow commercial operation of its 

small unmanned aircraft systems for the purposes of aerial photography, cinematography, 

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 collections 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 increasing 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 

climber 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 herein, 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 conduct 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 – Published 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.
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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