24 August 2015

U.S. Department of Transportation

Docket Management System

1200 New Jersey Ave., SE

Washington, DC 20590

Re: Modification to Application 2015-1573 for Issuance of Section 333 

Exemption Based upon Exemption 11110 Issued to Trimble Navigation 

Ltd.

Dear Sir or Madam,

Upstate Aerial Photography & Editing, LLC (“Upstate Aerial, LLC”) herewith applies for 

the issuance of an exemption under Section 333 of the FAA Modernization and Reform 

Act of 2012 based upon Exemption 11110 issued to Trimble Navigation Ltd. (“Trimble”) 

on December 10, 2014 in FAA Docket 2014-0367. The requested exemption would 

allow Upstate Aerial, LLC to operate the UX5 aircraft manufactured by Trimble or other 

Trimble aircraft approved for commercial operations under Exemption 11110, as 

amended, such as the UX5hp for which an amendment has been filed. Upstate Aerial, 

LLC notes that the FAA recently authorized use of the Trimble UX5 by a third party in 

Exemption No. 11257, Regulatory Docket No. FAA–2014–0889, on April 2, 2015, under 

updated conditions, and hereby confirms that it will accept such conditions as well as 

those set forth in Exemption No. 11240, Regulatory Docket No. FAA-2014-0894.

The name and contact information for the applicant are:

Brian L Scott

Upstate Aerial Photography & Editing, LLC 

dba Upstate Aerial, LLC

204 Dairwood Dr

Simponville, SC, 29680 

Phone: 619.972.7382

Bscott58d@gmail.com and

bscott@upstateaerial.com

Upstate Aerial, LLC intends to operate the UX5 or the UX5hp from Trimble and will 

operate it in strict compliance with the conditions set forth in Exemption 11110, as such 

conditions may be amended or modified by the FAA from time to time, as was done in 

Exemption Nos. 11240 and 11257, or such other conditions as the FAA shall specify, 

and the following manuals: 

1) Trimble UX5 Data Sheet; and

2) Trimble UX5 Aerial Imaging Solution User Guide (User Guide)

Copies of these manuals are attached.
U.S. Department of Transportation

24 August 20154 September 2015

Page 2

These manuals are very similar to the manuals submitted by Trimble in support of the 

issuance of Exemption 11110, updated to reflect changes reported in Trimble’s 

March 4, 2015 amendment to Exemption 11110. The manuals will be updated by 

Trimble, as needed to reflect any changes to Exemption 11110, based on amendments 

thereto.

Upstate Aerial, LLC acknowledges that under current FAA guidance a separate 

Certificate of Waiver or Authorization (“COA”) is required to fly at altitudes in excess of 

200 feet AGL, and it will apply for COAs where required. Upstate Aerial, LLC hereby 

requests a blanket COA for flights up to 200 feet AGL in the form approved by the FAA. 

Upstate Aerial, LLC will also file NOTAMs for its flights, as required.

To the extent necessary, Upstate Aerial, LLC refers the FAA to the original exemption 

and the amended exemption requests submitted by Trimble in Docket FAA-2014-0367 

for demonstration of the public interest and an equivalent level of safety. Because the 

UX5 and the UX5hp specified in this request are the same or, essentially the same, as 

the craft already approved in Exemption 11110, and will operate the aircraft in strict 

compliance with the conditions in existing exemptions previously granted by the FAA, or 

as they may be amended, notice need not be provided in the Federal Register nor 

public comment solicited.1

If you have any questions, please contact the undersigned.

Very truly yours,

Brian L Scott

Upstate Aerial Photography & Editing, LLC

204 Dairwood Dr,

Simpsonville, SC, 29680

																																																						 1 Applicant reads Section 333 as placing the duty on the Administrator not only to process 

applications for exemptions under Section 333 but, if he determines that the conditions set forth herein do 

not fulfill the statutory requirements for approval, to craft conditions for the safe operation of the UAS.