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Upstate	Aerial	Photography	&	Editing LLC.

DBA:	Upstate	Aerial

25	April,	2015

U.	S.	Department	of	Transportation

Docket	Management	System

1200	New	Jersey	Ave.,	SE

Washington,	DC 20590

Re:	Exemption	Request	Section	333	of	the	FAA	Reform	Act	and	Part	11	of	the	Federal	

AviationRegulations	from	14	C.F.R.	45.23(b); 14	CFR	Part	21; 14	CFR	61.113	(a)	&	(b);	91.7	

(a); 91	.9	(b)(2); 91.103(b);	91	.109; 91.119;	91	.121;	91.151(a); 91.203(a)	&	(b); 91.405	

(a);	91.407(a)	(1); 91.409	(a)	(2); 91.417	(a)	&	(b).

Dear	Sir	or	Madam:

Pursuant	to	Section	333	of	the	FAA	Modernization	and	Reform	Act	of	2012	(the	Reform

Act)	and	14	C.F.R.	Part	11,	Upstate	Aerial	Photography	&	Editing, LLC.	DBA	as	Upstate	Aerial

hereby	applies	for	an	exemption	from	the	listed	Federal	Aviation	Regulations	("FAR")	to	

allow	commercial	operation	of	its	UAV’s,	so	long	as	such	operations	are	conducted	within	

and	under	the	conditions	outlined	herein	or	as	may	be	established	by	the	FAA	as	required	

by	Section	333.

The	requested	exemption	would	permit	the	operation	of small,	unmanned	and	UAV’s	under	

controlled	conditions	in	airspace	that	is 1)	limited	2)	predetermined	3)	Controlled as	to	

access.

UAV	flights	performed	by	Upstate	Aerial in	all	scenarios,	can	readily	be	protected	with	

secured	access	by	the	staff	of	Upstate	Aerial,	comparable	to	that	of	a	movie	production	set.	

The	structures	on	these	properties	provided	sufficient	protection	from	the	decent	of	the	

UAV	and	can	be	completed	with	much	less	risk	than	what	would	be	assumed	in	a	manned	

operation	at	low	altitudes.	Upstate	Aerial plans	to	offer	video inspection,	photogrammetry,	

and	photography	services	for	commercial	purposes	initially	including:

1. ISR	(Intelligence,	Surveillance,	and	Reconnaissance)	only	under	direct	supervision	

of	local	law	enforcement	agencies

2. Corporate	events	(ie:	banquets,	conventions,	awards	ceremonies,	expositions,	

demonstrations)

3. Outdoor	events	(ie:	boating	regattas,	automobile	racing,	moto-cross,	sporting)

4. Promotional	video	and	commercial	production	for	businesses	and	film	industry

5. Thermal	video	for	solar	industry

6. Thermal	and	HD	video	for	commercial	grade	towers	I.E.	Cell	Towers,	Radio	Towers

7. Thermal	video	for	construction	inspections

8. Real	estate	video	showcasing	of	residential	and	commercial	grade	properties	for	the	

purpose	of	resale

9. Aerial	mapping	and	plotting	of	commercial	and	residential	land.	(ie:	topography	for	

new	construction,	agricultural	planning	and	inspection	of	new	and	existing	crops)
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10. Imaging	for	photogrammetry	for	the	Architectural,	Engineering,	and	Construction	

(AEC)	industry

11. The	ability	to	offer	training	to	persons	individually	or	belonging	to	both	private	

and/or	public	organizations	that	have	interests	in	the	use	and	application	of	sUAS	

for	the	purpose	of	the	safe	operation	of	sUAS	to	enhance	the	safety	of	the	National	

Airspace	System	(NAS)	as	well	as	for	the	protection	of	the	persons	and	property.		

12. Aerial	video/photography	or	providing	live	video	feed	to	assist	with	search	and	

rescue	operations	in	cases	of	an	emergency	or	natural	disaster	only	when	the	local	

authorities	or	government	has	requested	it	by	contract	or	donation.	

The UAV	applications listed	above	are	closed	to	the general	public,	providing	the	

opportunity	to	operate	only	in	an	area	where	informed, consenting	participants	and	

personnel	are	present.

Where	Towers	and	solar	panel	farms	are	concerned,	Upstate	Aerial will	be	operating	within

airspace previously	reviewed	by	the	FAA	for	the	construction	of	the	tower	therefore	the	

airspace	of	the controlled	operations	area	creates	no	additional	hazard	to	the	national	

airspace system.	Approval	of this	exemption	would	therefore	create	no	safety	concerns	

regarding	national	airspace	and	fulfill the	Secretary	of	Transportation's	(the	FAA	

Administrator's)	responsibilities	to	"	...	establish requirements	for	the	safe	operation	of	such	

aircraft	systems	in	the	national	airspace	system." Section	333(c)	of	the	Reform	Act.

The	name	and	address	of	the	applicant	is:

Upstate	Aerial	Photography	&	Editing, LLC.

DBA:	Upstate	Aerial

Attn:	Brian	L	Scott

Email	bscott@upstateaerial.com

204	Dairwood	Dr

Simpsonville,	SC	29680

619.972.7382

Regulations	from	which	the	exemption	is	requested:

14	C.F.R. Part 21

14	C.F.R.	45.23 (b)

14	CFR	61.113(a);	

14	C.F.R.	91.7	(a)

14	C.F.R. 91.9	(b)	(2)

14	C.F.R.	91.103

14	C.F.R.	91.109

14	C.F.R.	91.119

14	C.F.R.	91.121

14 C.F.R.	91.151	(a)

14	C.F.R. 91.203	(a)	&	(b)

14	C.F.R. 91.405	(a)

14	C.F.R. 407	(a)	(1)

14	C.F.R. 409	(a)	(2)
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14	C.F.R. 417	(a)	&	(b)

This	exemption	application	is	expressly	submitted	to	fulfill	Congress'	goal	in	passing

Section	333(a)	through	(c)	of	the	Reform	Act.	This	law	directs	the	Secretary	of	

Transportation	to	consider	whether	certain	unmanned aircraft	systems	may	operate	safely	

in	the	national	airspace system	(NAS)	before	completion	of	the	rulemaking	required	under	

Section	332	of	the	Reform Act.	In	making	this	determination,	the	Secretary	is	required	to	

determine	which	types	of	UAV	do	not	create	a	hazard	to	users	of	the	NAS	or	the	public	or	

pose	a	threat	to	national	security	in light	of	the	following:

•	The	UAV size,	weight,	speed,	and	operational	capability;

•	Operation	of	the	UAV in	close	proximity	to	airports	and	populated	areas;	and

•	Operation	of	the	UAV within	visual	line	of	sight	of	the	operator

Reform	Act§	333(a).	Lastly,	if	the	Secretary	determines	that	such	vehicles	"may	operate	

safely	in	the	national	airspace	system,	the	Secretary	shall	establish	requirements	for the	

safe	operation	of	such	aircraft	in	the	national	airspace	system."	Applicant	interprets	this

provision	to	place	the	duty	on	the	Administrator	to	not	only	process	applications	for	

exemptions under	section	333,	but	for	the	Administrator	to	craft	conditions	for	the	safe	

operation	of	the	UAS, if	it	should	be	determined	that	the	conditions	set	forth	herein	do	not	

fulfill	the	statutory requirements	for	approval.	The	Federal	Aviation	Act	expressly	grants	

the	FAA	the	authority	to issue	exemptions.	This	statutory	authority	by	its	terms	includes	

exempting	civil	aircraft,	as	the term	is	defined	under	§401	01	of	the	Act that includes	UAV,	

from	the	requirement	that	all	civil aircraft	must	have	a	current	airworthiness	certificate.

The	Administrator	may	grant	an	exemption	from	a	requirement	of	a	regulation	prescribed	

under	subsection	(a)	or	(b)	of	this	section	or	any	sections	44702-44716	of	this	title	if	the

Administrator	finds	the	exemption	in	the	public	interest.	49	U.S.C.	§44701(f)	See	also	49	USC	

§44711(a);	49	USC	§44704;	14	CFR	§91.203(a)	(1).

Upstate	Aerial’s UAV’s consist	of	manufacturer	built 4	and	6 engine	multirotor	craft,	

weighing	55	or	fewer	lbs.	including	payload.	They operate,	under	normal	conditions,	at	a	

speed	of	no	more	than	50	knots	and	have	the	capability to	hover,	and	move	in	the	vertical	

and	horizontal	plane	simultaneously.	They	will	operate	only	in line	of	sight	and	will	operate	

only	within	a	small	controlled	area	described	in	the	Confidential Operations	Procedures,	

attached	as	Exhibit	A	(hereinafter	"Procedures")	Such	operations	will insure	that	the	UAV

will	"not	create	a	hazard	to	users	of	the	national	airspace	system	or	the public.''

Applicant	submits	this	Procedure as	a	Confidential	and	Proprietary	document	under	14

CFR	11	.35	(b)	as	the	entire	Procedures	contains	proprietary	information	that	the	applicant	

has	not	and	will	not	share	with	others.	The	Procedures	contains	operating	conditions	and

procedures	that	are	not	available	to	the	public	and	are	protected	from	release	under	the	

Freedom	of	Information	Act	5 USC	552	et.seq. Given	the	small	size	of	the	UAV’s involved	and	

the	restricted	controlled	environment within	which	they	will	operate,	the	applicant	falls	

squarely	within	that	zone	of	safety	(an equivalent	level	of	safety)	in	which	Congress	

envisioned	that	the	FAA	must,	by	exemption,	allow commercial	operations	of	UAV’s to	

commence	immediately.	Also	due	to	the	size	of	the	UAV’s and	the	controlled	areas	in	which	

the	relevant	UAV’s will	operate,	approval	of	the	application presents	no	national	security	

issue.	Given	the	following,	the	grant	of	the	requested	exemptions is	clearly	in	the	public	

interest:
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•	Clear direction	in	Section	333	of	the	Reform	Act,	the	authority	contained	in	the Federal				

Aviation	Act,	as	amended

•	The level	of	safety	surrounding	the	proposed	operations that	implement	the	use	of	HD	and	

thermal	imagining,	and	the	significant	public	benefit

•	Innovative reductions	in	physical	dangers	of	personnel	climbing	towers	(e.g.,	thermal	

imaging	of	active	wasp/hornet	nests,	electrical	“hot	spots”...)	and/or the	use	of	high-rise

heavy	equipment thus	reduced	emissions	associated	with allowing	UAV’s	operations.

Accordingly,	the	applicant	respectfully	requests	that	the	FAA	grant	the	requested	exemption

without	delay.

AIRCRAFT	AND	EQUIVALENT	LEVEL	OF	SAFETY

The	applicant	proposes	that	the	exemption	requested	herein	apply	to	civil	aircraft	that have	

the	characteristics	and	that	operate	with	the	limitations	listed	herein.	These	limitations

provide	for	an	exceptional	level	of	safety	to	operations.	These	limitations	and	conditions	to

which	Upstate	Aerial agrees	to	be	bound	when	conducting	commercial	operations	under	an	

FAA	issued	exemption	include:

1. The	sUAS	will	weigh	less	than	55	lbs.

2. Flights	will	be	operated	within	line	of	sight	of	a	pilot	and/or	observer	and	give	way	

to	manned	aircraft.

3. Maximum	flight	time	for	each	operational	flight	will	be	30	minutes.	Flights	will	be	

terminated	at	20%	battery	power	reserve	or	30	minutes	of	flight	time	whichever	

occurs	first.	

4. Flights	will	be	operated	at	an	altitude	of no	more	than	200	feet	Above	Ground	Level	

(AGL)	when	not	coordinated	with	Service	Center	and	ATC	and	follow	the	established	

safety	guidelines	as allowed	by	the	FAA	20	March	2015	Memorandum	(CFR	14	Part	

107).		Separate	COA	applications	will	be	filed	to	allow	for	flights	above	200’	AGL	per	

the	existing	333	application	procedures.

5. Flights	will	be	conducted	under	Visual	Flight	Rules	during	daytime	hours.	

6. Minimum	crew	for	each	operation	will	consist	of	the	sUAS Pilot,	the	Visual	Observer	

(VO)	and	may	include	but	not	limited	to	a	Camera	Operator.	

7. The	sUAS	pilot	will	be	a	designated	Pilot	in	Command	(PIC)	and	hold	a	current	Third	

or	higher	Class	Medical	Certificate,	along	with	a	private	pilot	license.	If	the	PIC	feels	

another	operator	to	be	qualified	with	the	necessary	skills	to	be	PIC	&	possess	a	

Third	or	higher	Class	Medical	and	a	valid	state	driver’s	license,	that	person	may	be	

designated	PIC	provided	they	have	a	minimum	of	20	hours	of	flight	time	with	the	

sUAS.	

8. A	briefing	will	be	performed	regarding	the	planned	sUAS	operations	prior	to	each	

day’s	flight	consisting	of	all	the	days’	production	activities.	

9. The	operator	will	file	FAA	Form	7711-1,	or	its	equivalent,	as	modified	in	light	of	the	

requested	exemption, with	the	appropriate	local	Flight	Standards	District	Office	

(FSDO)	no	more	than	72	hours	but	no	less	than	24 hours	from	planned	operation.	

10. The	operator	will	obtain	verbal/written	consent	of	all	persons	involved	with	the	

planned	operation	and	ensure	that	only	consenting	persons	will	be	allowed	within	

100	feet	of	the	flight	operation,	and	the	radius	may	be	reduced	to	30	feet	based	upon	

an	equivalent	level	of	safety	determination,	as	required	under	the	FOM.	With	the	
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advanced	permission	of	the	FSDO,	operations	at	closer	range	may	be	approved.	

11. The	PIC	and	VO	will	have	been	trained	in	operation	of	sUAS	and	receive	up-to-date	

information	for	the	particular	sUAS	to	be	operated.	

12. The	PIC	and	VO	will	be	able	to	communicate	by	voice,	radio,	and/or	text	at	all	times.

13. Written	and/or	verbal	permission	and	permits	will	be	obtained	from	territorial,	

state,	county	or	city	jurisdictions,	including	law	enforcement,	fire	or	other	

appropriate	governmental	agencies.	

14. If	the	sUAS	loses	communications	or	loses	GPS	signal,	the	sUAS	will	have	the	

capability	to	return	to	a	pre-determined	location	within	a	designated	location	and	

land	autonomously.	

15. The	sUAS	will	have	the	capability	to	abort	a	flight	in	case	of	unpredicted	obstacles,	

weather,	or	emergencies.

14	C.F.R.	Part	21,	Subpart	H:	Airworthiness	Certificates	14	C.F.R.	§91.203	(a)	(1)

Subpart	H,	entitled	Airworthiness	Certificates,	establishes	the	procedural	requirements for	

the	issuance	of	airworthiness	certificates	as	required	by	FAR	§91.203	(a)	(1).

Given	the	size	and	limited	operating	area	associated	with	the	aircraft	to	be	utilized	by	the

Applicant,	an	exemption	from	Part	21	Subpart	H	meets	the	requirements	of	an	equivalent	

level	of	safety	under	Part	11	and	Section	333	of	the	Reform	Act.	The	Federal	Aviation	Act	

(49 U.S.C.§44701	(f))	and	Section	333	of	the	Reform	Act	both	authorize	the	FAA	to	exempt	

aircraft	from	the	requirement	for	an	airworthiness	certificate,	upon	consideration	of	the	

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

the	particular UAV.	In	all	cases,	an	analysis	of	these	criteria	demonstrates	that	the	UAV

operated	without an	airworthiness	certificate,	in	the	restricted	environment	and	under	the	

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

or	rotorcraft)	operating	with	an	airworthiness	certificate	without	the	restrictions	and	

conditions	proposed.

The	UAV’s to	be	operated	hereunder	is	less	than	55	lbs.	fully	loaded,	carries	neither	a pilot	

nor	passenger,	carries	no	explosive	materials	or	flammable	liquid	fuels,	and	operates

exclusively	within	a	controlled	area	as	set	out	in	the	Procedures.	Unlike	other	civil	aircraft,

operations	under	this	exemption	will	be	tightly	controlled	and	monitored	by	the	operator,

pursuant	to	the	Procedures	requirements.	Lastly,	application	of	these	same	criteria

demonstrates	that	there	is	no	credible	threat	to	national	security	posed	by	the	UAV,	due	to	

its size,	speed	of	operation,	location	of	operation,	lack	of	explosive	materials or	flammable	

liquid fuels,	and	inability	to	carry	a	substantial	external	load.

14	C.F.R.	§91.7(a):	Civil	aircraft	airworthiness.

The	regulation	requires	that	no	person	may	operate	a	civil	aircraft	unless	it	is	in	airworthy

condition.	As	there	will	be	no airworthiness	certificate	issued	for	the	aircraft,	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	Procedures	for	

maintenance	and	use	of	safety	checklists prior	to	each	flight,	an	equivalent	level	of	safety	

will	be	provided.
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14	C.F.R.	§	91.9	(b)	(2):	Civil	Aircraft	Flight	Manual	in	the	Aircraft.

Section	91.9(b)(2)	provides:

No	person	may	operate	a U.S.-registered	civil	aircraft...

(2)	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.

The	UAV,	given	its	size	and	configuration	has	no	ability	or	place	to	carry	such	a	flight

manual	on	the	aircraft,	not	only	because	there	is	no	pilot	on	board,	but	because	there	is	no

room	or	capacity	to	carry	such	an	item	on	the	aircraft.

The	equivalent	level	of	safety	will	be	maintained	by	keeping	the	flight	manual	at	the	ground	

control	point where	the	operator	flying	the	UAV will	have	immediate	access	to	it.	The

FAA	has	issued	the	following	exemptions	to	this	regulation:	Exemption	Nos.	8607,	8737,	

8738, 9299,	9299A,	9565,	95658,	10167,	10167A,	10602,	32827,	and	10700.

14	C.F.R.	§	91.103:	Preflight	action

This	regulation	requires	each	operator	to	take	certain	actions	before	flight	to	insure	the

safety	of	flight.	As	FAA	approved	rotorcraft	flight	manuals	will	not	be	provided	for	the	

aircraft	an exemption	will	be	needed.	An	equivalent	level	of	safety	will	be	provided	as	set	

forth	in

Procedures.	The	operator	will	take	all	actions	including	reviewing	weather,	flight	battery	

requirements,	landing	and	takeoff	distances	and	aircraft	performance	data	before	initiation	

of flight.

14	C.F.R.	§91.109:	Flight	instruction:

Section	91.103	provides	that	no	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.

UAV’s and	remotely	piloted	aircraft,	by	their	design	do	not	have	fully	functional	dual

controls.	Flight	control	is	accomplished	through	the	use	of	a	control	box	that	communicates	

with the	aircraft	via	radio	communications.	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	Exemption	Nos.5778K	&	9862A.	The	equivalent	

level	of	safety provided	by	the	fact	that	neither	a	pilot	nor	passengers	will	be carried	in	the	

aircraft	and	by	the size	and	speed	of	the	aircraft.

14	C.F.R.	§91.119:	Minimum	safe	altitudes

Section	91.119	establishes	safe	altitudes	for	operation	of	civil	aircraft.	Section	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.
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As	this	exemption	is	for	a	UAV that	is	a	helicopter	and	the	exemption	requests	authority to	

operate	at	altitudes	up	to	400	AGL,	an	exemption	may	be	needed	to	allow	such	operations.

As	set	forth	herein,	except	for	the	limited	conditions	stated	in	the	Procedures,	the	UAV	will	

never	operate	at	higher	than	400	AGL.

The	equivalent	level	of	safety	will	be	achieved	given	the	size,	weight,	and	speed	of	the	UAV	

as	well	as	the	location	where	it	is	operated.	In	addition,	the	low-altitude	operations	of	the	

UAV	will	ensure	separation	between	these	small-UAS	operations	and	the	operations	of	

conventional aircraft	that	must	comply	with	Section	91.119.

14	C.F.R.	§91.121	Altimeter	Settings

This	regulation	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	the	UAV may	not	have	a	

barometric	altimeter, but	instead	a	GPS	altitude	read	out,	an	exemption	may	be	needed.	An	

equivalent	level	of	safety will	be	achieved	by	the	operator,	pursuant	to	the	Procedures	and	

Safety	Check	list,	confirming the	altitude	of	the	launch	site	shown	on	the	GPS	altitude	

indicator	before	flight.

14	C.F.R.	§	91.151(a): Fuel	Requirements	for	Flight	in	VFR	Conditions

Section	91	.151	(a)	prohibits	an	individual	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."

In	ideal	conditions	the	battery	powering	the	UAV provides	approximately	40	minutes	of	

powered	flight.	To	meet	the	30-minute reserve	requirement	in	14	CFR	§91	.151,	UAV	flights	

would	be	limited	to approximately	10	minutes	in	length.	Given	the	limitations	on	the	UAV's	

proposed	flight	area and	the	location of	its	proposed	operations	within	a	predetermined	

area,	a	longer	time	frame	for flight	in	daylight	or	night	VFR	conditions	is	reasonable.

Applicant	believes	that	an	exemption	from	14	CFR	§91	.151	(a)	falls	within	the	scope	of	

prior	exemptions.	See	Exemption	10673	(allowing	Lockheed	Martin	Corporation	to	operate

without	compliance	with	FAR	91.151	(a)).	Operating	the	small	UAS,	in	a	tightly	controlled	

area, with	less	than	30	minutes	of	reserve	fuel,	does	not	engender	the	type	of	risks	that	

Section 91	.151	(a)	was	intended	to	alleviate	given	the	size	and	speed	of	the	small	UAS.	

Additionally, limiting	UAV flights	to	10	minutes	would	greatly	reduce	the	utility	for	which	

the	exemption	will be	granted.

Applicant	believes	that	an	equivalent	level	of	safety	can	be achieved	by	limiting	flights	to 30	

minutes	or	15%	of	battery	power	whichever	happens	first.	This	restriction	would	be	more

than	adequate	to	return	the	UAV to	its	planned	landing	zone	from	anywhere	in	its	limited

operating	area.

Similar	exemptions	have	been	granted	to	other	operations,	including	Exemptions	2689F,

5745,	10673,	and	10808.
8

14	C.F.R.	§91.203	(a)	and	(b):	Carrying	Civil	Aircraft	Certification	and	Registration

The	regulation	provides	in	pertinent	part:

(a)	Except	as	provided	in	§	91.715,	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 or	a	special	flight	authorization	issued	under	§91.715	is	

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

The	UAV fully	loaded	weighs	no	more	than	55	lbs	and	is	operated	without	an	on	board	pilot.	

As such,	there	is	no	ability	or	place	to	carry	certification	and	registration	documents	or	to	

display them	on	the	UAV.

An	equivalent	level	of	safety	will	be	achieved	by	keeping	these	documents	at	the	ground	

control	point where	the	operator	flying	the	UAV will	have	immediate	access	to	them,	to	the

extent	they	are	applicable	to	the	UAV.	The	FAA	has	issued	numerous	exemptions	to	this

regulation.	A	representative	sample	of	other	exceptions	includes	Exemption	Nos.	9565,	

9665, 9789,	9789A,	9797,	9797A,	9816A,	and	10700.

14	C.F.R.	§91.405	(a);	407	(a)	(1);	409	(a)	(2);	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	section	and	Part	43	apply	only	to	aircraft	with	an	airworthiness	certificate,

these	sections	will	not	apply	to	the	applicant.	The	operator	will	accomplish	maintenance	

pursuant	to	the	flight	manual	and	operating	handbook	as	referenced	in	the	Procedures.	An

equivalent	level	of	safety	will	be	achieved	because	these	small	UAV’s are	very	limited	in	size

and	will	carry	a	small	payload	and	operate	only	in	controlled	areas	for	limited	periods	of	

time.	If mechanical	issues	arise	the	UAV can	land	immediately	and	will	be	operating	from	no	

higher than	400	feet	AGL.	As	provided	in	the	Procedures,	the	operator will	ensure	that	the	

UAV is	in working	order	prior	to	initiating	flight,	perform	required	maintenance,	and	keep	a	

log	of	any maintenance	performed.	Moreover,	the	operator	is	the	person	most	familiar	with	

the	aircraft	and best	suited	to	maintain	the	aircraft	in	an	airworthy	condition	to	provide	the	

equivalent	level	of safety.

Pursuant	to	14	C.F.R.	Part	11,	the	following	summary	is	provided	for	publication	in	the

Federal	Register,	should	it	be determined	that	publication	is	needed:

Applicant	seeks	an	exemption	from	the	following	rules:

14	C.F.R.	§21,	subpart	H;	14	C.F.R	45.23(b); 14	C.F.R.	§§	61.113(a)	&	(b); 91.7(a);	91.9(b)	
9

(2); 91.103(b); 91.109;	91.119;	91.121;	91.151(a); 91.203(a)	and	(b);	91.405	(a);	91.407	(a)	

(1); 91.409	(a)	(2);	91.409	(a)	(2)	and	91.417	(a)	&	(b)	to	operate	commercially	a	small	

unmanned	vehicle	(551bs	or	less)	for	the	purpose	of	inspection,	monitoring,	mapping	and	

photographing attached	equipment	and	engineering	studies	involving	communication	

tower	operations.

Public	Interest	

Approval	of	Upstate	Aerial’s	use	of	UASs in	lieu	of	comparatively	hazardous	operations	

currently	conducted	with	conventional	fixed	wing	and/or rotary	aircraft	offers	a	net	safety	

benefit	and	will	achieve	an	enhanced	level	of	safety,	as	mandated	under	Section	333(c)	of	

the	Reform	Act	and	serves	the	public	interest.		Conventional	aerial	photography,	inspection	

and	monitoring	operations	using	manned	aircraft	involve	heavy	aerial	aircraft	that	must	

transit	from	airports	to	the	operational	location,	carrying	significant	amounts	of	

combustible	fuel,	and	a	multi-person	crew.	Manned	aircraft	are	also	at	risk	of	fuel	spillage	

and	fire	in	the	event	of	an	accident	or	incident.	By	contrast,	use	of	Upstate	Aerial’s	UAS’s	are

safe,	economical	and	efficient.		When	compared	to	similar	operations,	utilizing	a	UAS	poses	

much	less	of	a	safety	concern	for	the	general	public	with	less	fuel,	time,	noise	and	other	

resources.			UAS’s	utilized	by	Upstate	Aerial	are	lightweight	(below	55lbs),	are	carried	(not	

flown)	to	and	from	the	area	of	activity,	which	removes the	need	for	an	airborne	crew,	and	

poses less	risk	to	people	and	infrastructure	on	the	ground,	as	well	as	other	aircraft.	

Photography and	video	collected	will	provide	engineers,	architects,	and	contractors with	

valuable	information	as	to	the	safety	of	various	structures.		Moreover,	in	regards	to	survey	

and	inspection	operations,	it	will	lessen	the	need	for inspections	by	individuals	that	must	

often	climb	structures	or	use	equipment	to	observe	sites	from	heights	above	the	surface,	

which	often	times	pose	fall	hazards.

The	use	of	a	UAS’s in	the	real	estate	industry	provides	both	the	buyer	and	seller	with	a	

higher	level	of	marketing	and	service.			Partnership	with	local	schools	and	colleges	will	

serve	the	public	interest	by	providing	a	forum	for	education	in	regards	to	technology,	

innovation,	and	regulatory	safety	requirements.		

With	regards	to	emergency	response,	approval	of	Upstate	Aerial’s	exemption	request	will	

benefit	first	responders	nearby	who may require	assistance,	including	fire	fighters,	local	law	

enforcement	agencies,	FEMA,	etc.	with	situational	awareness	for	scene	assessment	and	

situational awareness,	disaster	relief,	and	response	coordination.		Upstate	Aerial	will	at	all

times	offer	our	services	to	local,	regional,	and	federal	agencies	while	remaining subject	to	all	

limitations	in	regards	to	public	safety	and	privacy.

No	national	security	issue	is	raised	by	the	grant	of	the	requested	exemptions.	Given	the	size,	

load-carrying	capacity,	the	speed	at	which	the	sUAS	operates,	and	the	fact	that	they	do	not	

carry	explosives	or	other	dangerous	materials,	the	use	of	the	sUAS	pose	no	threat	to	

national	security.	In	fact,	the	threat	of	causing	damage	to	property	is	significantly	reduced	

with	the	extremely	low	weight	of	the	sUAS	and	limited	operating	areas.	Any	other	security	

concerns	are	ameliorated	by	the	fact	that	all	individuals	holding	an	FAA	airman	certificate	

are	subject	to	a	security	screening	by	the	U.S.	Department	of	Homeland	Security.	49	U.S.C.	§	

44903(j)(2)(D)(i).			In	regards	to	privacy: All	flights	will	occur	over	private	or	controlled	

areas	with	the	owner's	or	participates	consent.	Any	persons	photographed	or	videoed	will	

have	consented	prior	to	filming	or	otherwise	have agreed	to	being	in	the	area	prior	to	the	

filming	taking	place.

The	grant	of	the	requested	exemption	is	in	the	public	interest	based	on	the	clear	direction	in	

Section	333,	the	Federal	Aviation	Act,4	the	high	and	equivalent	level	of	safety	of	the	

proposed	operations,	and	the	significant	public	benefit,	including	enhanced	safety	and	cost	
10

savings	to	be	realized	as	a	result	of	the	use	of	the	sUAS	for	aerial	imagery,	video,	data	

collection	and	inspections.	It	is	also	in-line	with	the	previous	Grants	of	Exemption by	the	

FAA	for	the	same	and	similar	sUAS	models.	[FAA	Exemption	Nos.	11357,	11325,	11327.]	

Accordingly,	Upstate	Aerial respectfully	requests	that	the	FAA	grant	an	expedited	

exemption.

Satisfaction	of	the	criteria	provided	in	Section	333	of	the	Reform	Act	of	2012-- size, weight,	

speed,	operating	capabilities,	proximity	to	airports	and	populated	areas	and	operation

within	visual	line	of	sight	and	national	security	- provide	more	than	adequate	justification	

for	the grant	of	the	requested	exemptions	allowing	commercial	operation	of	applicant's	UAV

in	and pursuant	to	the	Procedures	appended	hereto.

Respectfully,

Brian	L.	Scott

Owner

Airman	Certificate	No:	3717070

Upstate	Aerial	Photography	&	Editing LLC.

DBA:	Upstate	Aerial