February 5, 2016

U.S. Department of Transportation 

Docket Management System 

1200 New Jersey Ave., SE 

Washington, DC 20590 

RE: Exemption Request under § 333 of the FAA Modernization and Reform Act of 2012 of the Federal 

Aviation Regulations from 14 CFR Part 21; 14 CFR §§ 45.23(b); 61.113 (a) & (b); 61.315(a) & (c); 

91.7(a); 91.9(b); 91.103; 91.109(a); 91.119(c); 91.121; 91.151(a); 91.203; 91.405(a); 91.407(a)(1); 

91.409(a)(2); 91.417(a) & (b). 

Dear Sir or Madam, 

Pursuant to § 333 of the Federal Aviation Administration (“FAA”) Modernization and Reform 

Act of 2012, Pub. L. No. 112-95 (2012), 126 Stat. 11 (the “Reform Act”), the FAA’s general exemption 

authority under 49 USC § 44701(f), and 14 CFR Part 11, UpUp Aerial Imaging LLC. (hereinafter, the 

“Petitioner”), an owner and operator of small Unmanned Aircraft Systems (“UAS”), hereby petitions for 

exemptions from 14 CFR Part 21, Subpart H (Airworthiness Certificates), 14 CFR §§ 45.23(b), 61.113(a) 

& (b), 61.315(a) & (c), 91.7(a), 91.9(b)(2), 91.103(b)(1), 91.109(a), 91.119(c), 91.121, 91.151, 91.203(a) 

& (b), 91.405(a), 91.407(a)(1), 91.409(a)(1) & (2), and 91.417(a) & (b). The proposed exemptions, if 

granted, would allow Petitioner to conduct commercial operations of small UAS for purposes to include: 

aerial photography, aerial videography (marketing), precision agriculture, real estate, exterior structure 

inspections, UAS training, and volunteer search and rescue missions under the conditions outlined herein 

and as may be established by the FAA in granting the above requested exemptions. 

As described more fully below, based on the small size of Petitioner’s UAS, the qualifications and 

experience of Petitioner’s pilot, and the limited, controlled-access environments within which Petitioner 

will operate, the requested exemptions clearly fall within the safety parameters envisioned by Congress as 

set forth in § 333 of the Reform Act. Additionally, the enhanced safety achieved by replacing significantly 

larger manned aircraft carrying crew and flammable fuel with small UAS weighing less than 55 pounds 

under the specific guidelines and procedures proposed by Petitioner gives the FAA good cause to find that 

the UAS operations enabled by this petition are in the public interest. Thus, the requested exemptions 

should be granted. 

THE NAME AND ADDRESS OF PETITIONER: 

UpUp Aerial Imaging LLC 

Attn: David Wilkeson, Partner 

4641 Canfield-Niles Road

Canfield, OH 44406

330- 333-1186

dave@upupvideo.com 
BACKGROUND OF PETITIONER

Petitioner is a multifaceted digital media, digital marketing, film, and video production company 

founded by Rob Palowitz, David Wilkeson, and Nick Miller. Mr. Palowitz is also the owner of Palo 

Creative, an advertising and digital marketing company founded in 1999. His experience spans over 25 

years of target marketing, direct mail and graphics production. Mr. Miller is an experienced digital media 

specialist and hobbyist UAS enthusiast being involved with every facet of up and coming technologies. 

Mr. Wilkeson is a career technology entrepreneur as well as an FAA licensed private pilot since 1996, and 

has extensive experience as a hobbyist UAS pilot dating back to the mid-1980’s. The team’s combined

background in aviation, film, video, and photography production, and knowledge and experience with 

UAS platforms provide a level of trust that will ensure the integrity and safety of all UAS operations 

conducted by Petitioner pursuant to the requested exemptions. 

Petitioner seeks to complement the years of successful marketing campaigns produced by Palo 

Creative, as well as offer imaging services directly to other clients, and leverage Mr. Wilkeson’s aviation 

skills and knowledge to offer the widest possible range of UAS services in a manner consistent with the 

parameters set forth in § 333 of the Reform Act. Petitioner seeks the requested exemptions to permit 

Petitioner to offer commercial UAS services for a variety of industries and applications, including: 

• Aerial surveying and mapping 

• Precision Agriculture inspections 

• Aerial photography 

• Aerial videography and video marketing 

• Real estate marketing and inspections 

• Exterior structure inspections

• General construction and contracting

• Pipeline preparation or survey

• Interior manufacturing inspection or mapping

• Public entity support operations 

• UAS training, and 

• Volunteer search and rescue operations 

Petitioner plans to conduct operations under the requested exemptions using the DJI Inspire 1, DJI 

Phantom 3 Professional, 3D Robotics Y6, and 3D Robotics Solo small UAS. 

REQUESTED EXEMPTIONS

Petitioner requests relief from the following regulations: 

• 14 CFR Part 21; 

• 14 CFR § 45.23(b); 

• 14 CFR § 61.113(a) & (b); 

• 14 CFR § 61.315(a) & (c); 

• 14 CFR § 91.7(a); 
• 14 CFR § 91.9(b)(2); 

• 14 CFR § 91.103(b)(1); 

• 14 CFR § 91.109(a); 

• 14 CFR § 91.119; 

• 14 CFR § 91.121; 

• 14 CFR § 91.151(a); 

• 14 CFR § 91.203; 

• 14 CFR § 91.405(a); 

• 14 CFR § 91.407(a)(1); 

• 14 CFR § 91.409(a)(2);  14 CFR § 91.417(a) & (b) 

EXTENT OF RELIEF SOUGHT BY PETITIONER AND REASONS FOR SEEKING SUCH RELIEF

14 CFR Part 21, Subpart H: Airworthiness Certificates

This section establishes the procedural requirements for the issuance of airworthiness certificates 

and other airworthiness approvals. Given the size, weight, speed, and limited operating area associated 

with the UAS to be utilized by Petitioner, an exemption from 14 CFR Part 21, Subpart H (Airworthiness 

Certificates), subject to certain conditions and limitations, is warranted, and meets the requirements for an 

equivalent level of safety under 14 CFR Part 11 and § 333 of the Reform Act. 49 USC § 44701(f) and 

§ 333 of the Reform Act both authorize the FAA to exempt aircraft, including UAS, from the requirement 

for an airworthiness certificate upon consideration of the size, weight, speed, operational capabilities, 

proximity to airports and populated areas, and operation within visual line of sight. The UAS operated 

without an airworthiness certificate in the restricted environment and under the conditions and limitations 

proposed by Petitioner will be at least as safe, or safer, than a conventional aircraft (fixed wing or 

rotorcraft) operating with an airworthiness certificate issued under 14 CFR Part 21, Subpart H, and not 

subject to the proposed limitations and conditions. 

The UAS to be operated by Petitioner (DJI Inspire 1, DJI Phantom 3 Professional, 3D Robotics 

Y6, and 3D Robotics Solo) all weigh much less than 55 lbs. fully loaded, will be operated at a speed of no 

more than 50 knots, will carry neither a pilot nor passengers, will carry no explosive or flammable 

materials or fuel, and will be operated exclusively in predetermined, controlled-access environments. 

Petitioner’s UAS will use a radio frequency spectrum for operation and control that complies with Federal 

Communications Commission (“FCC”) requirements, and will be operated only in accordance with the 

procedures proposed herein and as may be established by the FAA. 

Petitioner’s UAS will be equipped with redundant safety mechanisms allowing safe operation 

after experiencing certain in-flight failures. If a lost-link event occurs, including loss of ground 

communications or loss of GPS signal, Petitioner’s UAS will have the ability to perform a pre-coordinated, 

predictable, automated flight maneuver and return to a predetermined location within a designated security 

perimeter for landing. 

Unlike operations of other civil aircraft, operations under the requested exemptions will be tightly 

controlled and monitored by both the pilot in command (“PIC”) and a Visual Observer (“VO”) in order 

to ensure the Petitioner’s UAS remains within operational limitations and to ensure the safety of 

operations. These enhancements to current safety practices and regulations provide a greater degree of 

safety to the public and property owners than conventional aircraft operations conducted by aircraft with 

an airworthiness certificate. Lastly, there is no intrinsic credible threat to national security posed by UAS 
due to the size, speed, restricted operational environments, lack of explosive materials and flammable 

fuels or other liquids, and inability to carry passengers or a substantial external load. 

14 CFR § 45.23(b): Display of Marks

This section requires that “[w]hen marks include only the Roman capital letter “N” and the 

registration number is displayed on limited, restricted, or light-sport category aircraft or experimental or 

provisionally certificated aircraft, the operator must also display on that aircraft near each entrance to the 

cabin, cockpit, or pilot station, in letters not less than 2 inches nor more than 6 inches high, the words 

“limited,” “restricted,” “light-sport,” “experimental,” or “provisional,” as applicable.”

Even though the Petitioner’s UAS will have no airworthiness certificate, an exemption may be 

necessary as the UAS will have no entrance to the cabin, cockpit, or pilot station on which the word 

“experimental,” etc., can be placed. Also, given the size of Petitioner’s UAS, two-inch lettering will be 

impossible. Petitioner understands the need for markings and will mark all of its UASs in the largest 

possible lettering on the UAS fuselage so that anyone observing Petitioner’s UAS will be able to see the 

markings. 

14 CFR § 61.113(a) & (b): Private Pilot Privileges and Limitations: Pilot in Command (PIC) and

14 CFR § 61.315(a) & (c): Sport Pilot Privileges and Limitations

These sections limit private pilots and sport pilots to non-commercial operations. Because 

Petitioner’s UAS will not carry a pilot or passengers, the proposed operations can achieve the equivalent 

level of safety of current operations by requiring the PIC operating Petitioner’s UAS to have a private 

pilot’s or sport pilot’s license rather than a commercial pilot’s license to operate Petitioner’s small UAS. 

Unlike a conventional aircraft that carries the pilot and passengers, Petitioner’s UAS are remotely 

controlled with no persons onboard. The area of operation will be controlled and restricted, and all flights 

will be planned and coordinated in advance. The risks associated with the operation of Petitioner’s UAS 

are so diminished from the level of risk associated with commercial operations contemplated by 14 CFR 

Part 61 when drafted, that allowing operations of Petitioner’s UAS as requested with a private pilot or 

sport pilot as the PIC exceeds the present level of safety achieved by 14 CFR §§ 61.113(a) & (b) and 

61.315(a) & (c). 

14 CFR § 91.7(a): Civil Aircraft Airworthiness

This section prohibits any person from operating a civil aircraft unless it is in an airworthy 

condition. As there will be no airworthiness certificate issued for Petitioner’s UAS, should this exemption 

be granted, no FAA regulatory standard will exist for determining airworthiness. Given the size of the 

aircraft and the requirements contained in the UAS manufacturer’s manuals and use of safety checklists1

prior to each flight, an equivalent level of safety will be provided. In accordance with the pertinent part of 

 1 See Appendix A
14 CFR § 91.7(b), the PIC for all of Petitioner’s UAS operations shall be responsible for determining 

whether the aircraft is in a safe condition for flight, including the use of pre-flight safety checklists.2

14 CFR § 91.9(b)(2): Civil Aircraft Flight Manual, Marking, and Placard Requirements

This sections provides in pertinent part that “[n]o person may operate a U.S.-registered civil 

aircraft ... For which an Airplane or Rotorcraft Flight Manual is not required by § 21.5 of this chapter, 

unless there is available in the aircraft a current approved Airplane or Rotorcraft Flight Manual, approved 

manual material, markings, and placards, or any combination thereof.” Petitioner’s UAS, given their size 

and configuration, have no ability to carry a physical flight manual on the aircraft. The equivalent level 

of safety will be maintained by keeping the flight manual at the ground control point where the PIC 

operating Petitioner’s UAS will have immediate access to it. 

14 CFR § 91.103(b)(1): Preflight Action

This regulation requires each PIC to take certain actions before flight to insure the safety of each 

flight. As FAA approved rotorcraft flight manuals will not be provided for the aircraft, an exemption will 

be needed. Petitioner will comply with the other applicable procedures and requirements stated in § 

91.103(a) & (b). Specifically, the PIC will take all action including reviewing weather, flight battery 

requirements, aircraft performance data, and landing and takeoff distances before initiating a flight. The 

PIC will also account for all relevant site-specific conditions in their preflight procedures.3 Risks presented 

by sun glare will be mitigated by the PIC’s and VO’s ability to see other air traffic and initiate a return-tohome sequence if needed. 

14 CFR § 91.109(a): Flight Instruction

This section provides in pertinent part that “[n]o person may operate a civil aircraft (except a 

manned free balloon) that is being used for flight instruction unless that aircraft has fully functioning dual 

controls.” UAS, by their design, do not have functional dual controls. Flight control is accomplished 

through the use of a control box that communicates with the aircraft via radio communications. Given the 

size and speed of Petitioner’s UAS, an equivalent level of safe training can be achieved without dual 

controls because no pilot or passengers are aboard the UAS and all persons will be a safe distance away 

in the event that the UAS experiences any difficulties during flight instruction. The FAA has approved 

exemptions for flight training without fully functional dual controls for a number of aircraft and for flight 

instruction in experimental aircraft. See Exemptions Nos. 5778K and 9862A. 

14 CFR § 91.119: Minimum Safe Altitudes

 2 Id.

3 Id.
This section establishes minimum safe altitudes for operation of civil aircraft. § 91.119(d) allows 

helicopters to be operated at less than the minimums prescribed, provided the person operating the 

helicopter complies with any route or altitudes prescribed for helicopters by the FAA. Similarly, 

§ 91.119(c) provides that, over other than congested areas, no person may operate an aircraft below an 

altitude of 500 AGL, except over open water or sparely populated areas. As this exemption is for a UAS 

that closely mimics the flight characteristics of a helicopter, and the exemption requests authority to 

operate at altitudes no higher than 400 feet AGL, an exemption may be needed to allow such operations. 

As set forth herein, Petitioner’s UAS will never operate at higher than 400 feet AGL, nor beyond 

visual line of sight (“VLOS”) of the PIC and VO, whichever is closer. It will, however, be operated in a 

restricted area with individuals tasked with ensuring public safety, and where buildings and people will 

not be exposed to operations without their pre-obtained consent and training. 

The equivalent level of safety will be achieved given the size, weight, and speed of Petitioner’s 

UAS as well as the restricted environments within which they will be operated. No flight will be taken 

without the permission of the property owner. Because of the advance notice to the property owner and 

the participants in the UAS operation, all affected individuals will be aware of the planned flight 

operations. Compared to flight operation with manned aircraft or rotorcraft weighing far more than 

Petitioner’s UAS and the lack of flammable fuels onboard, any risk associated with Petitioner’s operations 

is far less than that presently presented by conventional aircraft operating at or below 500 feet AGL. In 

addition, the low- altitude operations of Petitioner’s UAS will ensure separation between Petitioner’s UAS 

operations and the operations of conventional aircraft that must comply with § 91.119. Furthermore, the 

manufacturer of some of Petitioner’s UAS, DJI, has implemented Firmware updates that limit UAS flights 

around airports, along with distance and elevation limits. 

14 CFR § 91.121: Altimeter Settings

In pertinent part, this section 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 Petitioner’s UAS may not have a barometric altimeter, 

but instead a GPS altitude readout, an exemption may be needed. An equivalent level of safety will be 

achieved by the PIC confirming the altitude of the launch site shown on the GPS altitude indicator, and 

prior to each flight, a zero altitude initiation point will be established and confirmed for accuracy by the 

PIC. The PIC will also ensure effective pairing with multiple GPS sources to guarantee accurate detection 

of altitude. 

14 CFR § 91.151(a): Fuel Requirements for Flight in VFR Conditions

This section prohibits a person 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 normal 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 Petitioner’s UAS provide approximately 12-15 minutes of powered flight 

in hover mode without payload. Thus, Petitioner’s UAS will not be able to meet the 30 minute reserve 

requirement contained in 14 CFR § 91.151(a). Operating Petitioner’s UAS in a tightly controlled area 

where only people or property owners or official representatives who have signed waivers will be allowed, 
with less than 30 minutes of reserve power, does not engender the type of dangers that § 91.151(a) was 

intended to alleviate given the size and speed of Petitioner’s UAS. Petitioner believes that an equivalent 

level of safety can be achieved by prohibiting Petitioner’s PIC from beginning any flights unless, 

considering the wind and forecast weather conditions, there is enough available power for Petitioner’s 

UAS to conduct the intended operation and to operate after that for at least five minutes or with the reserve 

power recommended by the manufacturer, whichever is greater. This restriction would be more than 

adequate to return the Petitioner’s UAS to its planned landing zone from anywhere in its limited operating 

area. FAA has granted similar exemptions; see e.g. Exemption Nos. 2689F, 5745, 10673, and 10808. 

14 CFR § 91.203(a) & (b): Civil Aircraft: Certifications Required

This regulation provides in pertinent part that “(a)...no person may operate a civil aircraft unless 

it has within it the following: (1) an appropriate and current airworthiness certificate... (b) No person may 

operate a civil aircraft unless the airworthiness certificate required by paragraph (a) of this section ... is 

displayed at the cabin or cockpit entrance so that it is legible to passengers or crew.”

Petitioner’s UAS fully loaded weighs less than 55 pounds and is operated without a pilot, 

passengers, or crew onboard. As such, there is no is ability or place to carry certification and registration 

documents or to display them on Petitioner’s UAS. An equivalent level of safety will be achieved by 

keeping these documents at the ground control station where the PIC will have immediate access to them, 

to the extent they are applicable to Petitioner’s UAS. FAA has issued numerous exemptions to this section; 

see e.g. Exemption Nos. 9565, 9665, 9789, 9789A, 9797, and 10700. 

14 CFR §§ 91.405(a), 91.407(a)(1), 91.409(a)(1) & (2), and 91.417(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 sections and Part 43 apply only to aircraft with an airworthiness certificate, these 

sections will not apply to Petitioner. Petitioner will strictly adhere to the safety and maintenance 

procedures included in all applicable UAS manufacturer’s instructions and operating manuals. To the 

extent such information is not included in the guidelines as developed by the manufacturers, Petitioner 

will undertake to develop and document maintenance, overhaul, replacement, and inspection 

requirements, and procedures to document and maintain maintenance records with regards to Petitioner’s 

UAS.4 An equivalent level of safety will be achieved because Petitioner’s UAS are very limited in size 

and will carry small payloads and operate only in restricted areas for limited periods of time. If mechanical 

issues arise, Petitioner’s UAS can land immediately and will be operating from no higher than 400 AGL. 

The Petitioner will ensure that its UAS are in working order prior to initiating each flight, perform regular 

maintenance, and keep a log of any maintenance performed. Moreover, Petitioner is the person most 

familiar with the aircraft and is best suited to maintain the aircraft in an airworthy condition in order to 

ensure safe operations. 

 4 See Appendix B, Appendix C, and Appendix D
EQUIVALENT LEVEL OF SAFETY

Petitioner proposes that the exemptions requested herein apply to civil aircraft that have the 

characteristics and that operate within the limitations listed herein. Petitioner’s requested exemptions will 

not adversely affect safety, and Petitioner’s proposed operational limits will provide for at least an 

equivalent or even greater degree of safety than for similar operations conducted using conventional, 

manned aircraft, due to the size, speed, and limited operating area of Petitioner’s UAS. 

The UAS Petitioner plans to operate are small, multi-rotor rotorcraft, each weighing much less than 

55 pounds including their payload. They will operate, under normal conditions, at a speed of no more than 

50 knots. Operations will be performed by a fully qualified and trained UAS PIC, as outlined below, to 

ensure that Petitioner’s UAS will “not create a hazard to users of the national airspace system or the 

public.” Given the small size of Petitioner’s UAS and the pre-planned, controlled-access environment 

within which they will operate, Petitioner believes that these operations fall squarely within that zone of 

safety in which Congress envisioned that the FAA must, by exemption, allow commercial operations of 

UAS to commence immediately. Also, operation in a secured, pre-defined area will prevent the possibility 

of a national security issue. The operation of Petitioner’s UAS by knowledgeable aviation professionals 

with experience in the national airspace system (“NAS”) will serve to enhance safety, add to the public 

benefit, and reduce environmental impacts related to current methods of aerial operations of the kind 

proposed by Petitioner. 

The limitations and conditions to which Petitioner agrees to be bound when conducting 

commercial operations under this petition include but are not limited to the following, at a minimum: 

1. Safety will be the first and foremost consideration for all of Petitioner’s UAS operations. 

2. Petitioner will conduct operations using only the DJI Inspire 1, DJI Phantom 3 Professional, 3D 

Robotics Y6, and 3D Robotics Solo UASs, each of which weighs less than 55 pounds fully loaded. 

3. Petitioner’s UAS PIC will be required to be an FAA licensed airman with at least a Sport Pilot 

certificate and hold at least an FAA Third Class Medical certificate or valid driver’s license. 

4. Petitioner’s UAS PIC will be responsible at all times for the safe operation of each flight 

conducted pursuant to the requested exemptions. 

5. All flights will be operated within VLOS of the PIC at all times. 

6. All operations will utilize a visual observer (“VO”). The VO will be used to maintain VLOS with 

the UAS so long as the PIC also always maintains VLOS capability, and the PIC and VO will at 

all times remain close enough to be able to communicate verbally during flight operations. The 

PIC will be responsible for ensuring that the VO can perform the duties required by the VO. 

7. The UAS will operate at no more than 50 knots, and in no case will UAS be operated at airspeeds 

greater than the maximum operating airspeed recommended by the UAS manufacturer. 

8. This exemption, if granted, and all other documents needed to operate Petitioner’s UAS and 

conduct operations in accordance with the limitations and conditions as set forth herein and as 

established by the FAA will at all times be kept with the PIC at the ground control station and 

will be immediately available upon request. 

9. Petitioner’s UAS will utilize GPS navigation, failsafe, return-to-home (“RTH”), and/or flight 

abort safety features. 

10. The PIC will be prohibited from beginning a flight unless, considering the wind and forecast 

weather conditions, there is enough available power for Petitioner’s UAS to conduct the intended 
operation and to operate after that for at least five minutes or with the reserve power recommended 

by the manufacturer, whichever is greater. 

11. Flights will be operated at an altitude at or below 200 feet above ground level (“AGL”) under 

normal conditions, and will never exceed 400 feet AGL. 

12. Petitioner will not allow its PIC to operate unless the PIC demonstrates the ability to safely operate 

Petitioner’s UAS in a manner consistent with how the UAS will be operated as proposed herein, 

including evasive and emergency maneuvers and maintaining appropriate distances from persons 

and property, and including familiarization with applicable airspace restrictions and the UAS 

operations manuals. 

13. Operations will only be conducted under Visual Flight Rules (“VFR”) conditions. 

14. Petitioner’s UAS will only be operated within a pre-planned, controlled-access flight perimeter 

sized so as to allow the PIC and VO to maintain VLOS with the UAS at all times during flight 

operations. 

15. A briefing will be conducted in regard to each planned UAS operation, and the safety thereof, 

prior to operation at each new location. 

16. All persons not directly involved with UAS flight operations will be prohibited from entering the 

flight perimeter unless there exists therein barriers or structures sufficiently robust to protect 

nonparticipating persons from the UAS and/or debris in the event of an accident.

17. All UAS operations will be conducted over private or controlled-access property with permission 

from the property owner or property controller or their respective authorized representative. 

Permission from the property owner or controller or their authorized representative will be 

obtained prior to each operation.

18. If the UAS loses communications or loses its GPS signal, it will have the capability to return to a

pre-determined location within the flight perimeter.

19. The PIC will have the power, and the duty, to abort all flight operations in the event of unpredicted 

obstacles or emergencies.

The Requested Exemptions Promote the Public Interest

The enhanced safety achieved by replacing significantly larger manned aircraft carrying 

crew, passengers, and flammable fuel with small UAS carrying no passengers, crew, or 

flammable fuel under the specific guidelines and procedures proposed by Petitioner gives 

FAA good cause to find that the UAS operations enabled by this petition are in the public 

interest. Moreover, by replacing the manned aircraft traditionally used for the kinds of 

operations proposed by Petitioner with small UAS, Petitioner will be able to provide aerial 

operations services at a greatly reduced cost, making these kinds of services available to a greater 

range of businesses and consumers, thereby enhancing the utility of aerial operations and 

benefitting the economy as a whole. Similarly, the small, electric battery-powered UAS 

utilized by Petitioner will benefit the public as a whole by greatly reducing the pollution 

and ecological impact associated with traditional aircraft and rotorcraft operations.

Congress and the FAA, through passage of the Reform Act and in numerous Exemptions 

(see e.g. Exemption No. 11 062), have already recognized that UAS provide a greater degree of 

flexibility and safety than traditional manned aircraft when used within certain operational limits

and for the kinds of operations proposed herein by Petitioner. Granting Petitioner exemption to
operate its UAS commercially furthers economic growth and public safety while limiting the 

ecological impacts of aerial operations. Thus, FAA has good cause to grant this petition.

Conclusion

For the forgoing reasons, the exemptions requested by Petitioner herein should be granted and 

Petitioner should be permitted to conduct commercial UAS operations in accordance with 

the limitations and conditions proposed herein and as established by the FAA.

Respectfully submitted,

David Wilkeson, Partner

UpUp Aerial Imaging LLC
APPENDIX A Preflight Checklist

ENVIRONMENTAL:

□ Check for people, animals, property in the flight vicinity. 

□ Nofy any bystanders or nearby property owner of your intentions. 

□ If flying FPV, discuss flight plan with your check‐pilot. 

□ If flying in controlled airspace, notify airspace authority of your intentions. 

□ First Aid / Safety Kit on hand, stocked, readily accessible, and visible to anyone in the area 

HARDWARE / EQUIPMENT:

== VISUALLY INSPECT THE AIRFRAME == 

□ Cracks (especially in high stress areas like joints) 

□ Loose or damaged screws / fasteners / bands / straps / ties 

□ Loose or damaged wiring 

□ Loose or damaged connections (solder, plugs, etc) 

□ Inspect prop mounts & screws & apply slight counter pressure on arms to check for loosened construction 

□ Inspect/clean camera lens and ensure that cameras are secured 

□ Ba ery/batteries fully charged, properly seated & secured 

□ Remove props and test fail‐safe behavior (if applicable) 

□ Props are smooth and free of damage/defect (check blade, surface, & hub) 

□ Tighten prop adapters (careful not to over tighten which may damage prop) 

□ Ensure voltage alarm is connected 

□ Ensure arming/idle timeout is properly configured (6‐15 seconds is generally acceptable) 

□ Check whether the right model is selected in the transmitter (if applicable) 

□ Check your RC transmitter shows the right range and centering for all sticks 

□ If desired, perform range test 

PRE‐FLIGHT:

== POWER UP == 

□ Ba eries charged & secured 

□ Posion quad in a level, safe location for takeoff 

□ If using onboard video recorder (i.e., Gopro), turn on camera 

□ All transmitter controls move freely in all directions 

□ All transmitter trims in its neutral position 

□ All transmitter switches in correct position (typically away) 

□ Transmi er throttle to zero 

□ Radio transmitter on 

□ Connect/power on battery to airframe 

□ Ensure led indicators & audible tones are all correct 

□ Timer on (if applicable) 
□ Scan for nearby people or animals 

□ Stand clear ‐ audibly, loudly announce the word "CLEAR!" 

□ Arm flight controller 

== PRE TAKEOFF == 

□ Increase throttle slightly listening for any abnormalities 

□ Short 20‐30 second hover at 3‐5 feet 

(Listen for any weird vibrations or anything that sounds loose) 

Version 1.1 
APPENDIX B Sample Maintenance Log

UpUp Aerial Imaging LLC – UAS Maintenance Log 

DATE UAS ITEM (Motors, ESC, etc.) NOTES (maintenance performed, etc.)
APPENDIX C Sample Battery Log

UpUp Aerial Imaging LLC – UAS Battery Log 

DATE BATTERY FLIGHT TIME NOTES (Charge Time, etc.)
APPENDIX D Sample Flight Log

UpUp Aerial Imaging LLC – UAS Flight Log 

DATE UAS BATTERY FLIGHT AREA FLIGHT TIME NOTES (Client, Purpose of flight, etc.)