### 1 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 Upstat e	Aerial hereby	applies	for	an	exemption	from	the	listed	Fed eral	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

.

T he	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	A erial 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	compl eted	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,	Surveillan ce,	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	v ideo	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)

### 2 10. I maging	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	s UAS 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

rescu e	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	onl y	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	t he 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	ap plicant	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)

### 3 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 Transport ation	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 determ i ne	which	types	of	UAV do	not	crea te	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 i n	close	proximity	to	airports	and	populated	areas ; and

• Operation	of	the	UAV within	visua l	line	of	sight	of	the	operator

Reform	Ac t§	333 (a).	Lastly,	if	the	Secretary	det ermines	that	such	vehicles	"may operate safely	in	the	national	airspace	system,	the	Secretary	shall	establish	requirements	for the safe	operat ion	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	i ts	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	requ ire ment	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 5 5	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	Confid ential	and	Proprietary	document under	14 CFR	11

. 35	(b)	as	the	entire	Procedures	co ntains	proprietary	inf ormation	that	the	applicant has not	and	will	not	share	with	others.	The	Procedures	contains	operating	conditions	and procedures	that	are	not	available	to	the	publ i c	and	are	p rotected	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 i n	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:

### 4 • 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	prop osed 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	com mercial	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	observ er	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	allo w	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

### 5 advanced	permission	of	the	FSDO,	operation s	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	sU AS	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,	Subpar t	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	requ irements	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	autho rize	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	populat ed	areas	of the	particular UA V

. 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	win g or	rotorcraft)	operating	with an	airworthiness	certificate	without	the	restrictions	and conditions	proposed.

The	UAV ’s to	be	o perated	hereunder	is	less	than	5 5	lbs

. fully	loaded,	carries	neither	a pilot
nor	passenger,	car ries	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	u se	of	safety checklists prior	to	each	flight,	an	equivalent	level	of	safety will	be	provided.

### 6 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	aircr aft

. The	equ i valent	level	of	safety	will	be	maintained	by	k eeping	the	flight	manual	at	the ground control	point where	the	operator	flying	the UA V will	have	immed i ate	access	to	it.	The FAA	has	issued	the	following	exemptions	to	this	regulation : Exemption	N os

. 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	re viewing	weather,	flight	battery requireme nts,	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	Exempti on	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.

### 7 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,	we i ght,	and	speed	of	the	UAV as	well	as	the	location	where	it	is	operated.	In	addition,	the low

- altitude	operations	of	the UAV w ill	ensur e	separation	between	these	small

- UAS	o perations	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	cruisin g	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 UA V 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	beg i nning " a	flight	in	an	a i rplane	under VFR conditions	unless	(considering	wind	and	forecast	weather	conditions)	there	is	enough	fuel to	fly	to	the	first	poi nt	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	t he	battery	powering	the	UAV provides	approximately	4 0	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

. G i ven	the	limitation s	on	the	UAV's proposed	flight area and	the	location of	its	proposed	operations	within	a	pr edetermined area,	a	longer	time frame	for flight	in	daylight	or	night	VFR	conditions	is	reasonable

. Applicant	believes	tha t an	exemption	from 1 4	CFR	§91

. 15 1	(a)	falls	within	the	scope	of
p r ior	exemptions.	See	Exempt ion	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

, limit ing	UAV flights	to	10	minutes	would	greatly	reduce	the	utility	for	which the	exemption	will be	granted

. Applicant	believes t hat	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	be en	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 pe r son	may	operate	a	civil	a ircraft	unless	it	has within	it the	following :

(1)	An	appropriate	and	cur rent	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 fu lly	loaded	weighs	no	more	than	5 5	lbs	and	is	operated	without	an	on	board	pilot. As such

, there	i s	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	keepin g	these	documents	at	the	ground control point where	the	operator	flying	the	UAV will	have	immedi ate	access	to	them

, to	the extent	they	are	applicable	to	the UA V

. 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	insp ections, 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	o nly	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	a chieved	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 highe r 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	operat e	commercially	a	small unmanned vehicle	(551bs	or	less)	for	the	purpose	of	inspection,	monitoring

, mapping	and photographing attached	equipment	and	engineering	st udies	involving	co mmunication
tower operations.

Public	Interest

Approval	of	Upstate	Aerial’s	use	of UAS s 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	Se ction	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	a irports	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	inc ident.	By	contrast,	use	of	Upstate	Aerial’s UAS ’s	a re safe,	economical	and	efficie nt. When	compared	to	similar	operations,	utilizing	a	UAS	poses much	less	of	a	safety	concern	for	the	general	public	with	less	fuel,	t ime,	noise	and	other resources.			UAS’s	utilized	by	Upstate	Aerial	are	lightweight	(below	5 5lbs),	are carried	(not flown)	to	and	from	the	area	of	activity, which remove s the	need	for	an	airborne	crew,	and
pose s less	risk	to	people	and	infrastructure	on	the	ground,	as	well	as	other	aircraft. P hotography and	video	collected	will	provide	engineers ,	architects,	and	contractors with valuable	infor mation	as	to	th e	safety	of	various	structures. Moreov er,	in	regards	to	survey and	inspection	operations,	it	will	lessen	the	need	for inspections	by	individuals	that	must often climb	structures	or use	equipm ent	to	observe	sites	from	heights	above	the	surface

, which	often	times	pose	fall	hazards. The	use	of	a	U AS ’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	c olleges	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	resp onders	nearby	who may require	assistan ce,	including	fire	fighters,	local	law enforcement	agencies,	FEMA,	etc.	with	situational	awareness	for	scene	asse ss ment	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

- carry ing	capacity,	the	sp eed	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	red uced 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	Homelan d	Security.	49	U.S.C.	§ 44903(j)(2)(D)(i). In	regards	to	p rivacy : All	flights	will	occur	over	private	or	controlled areas	with	the	owner's or	participates consent. Any	person s 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	o perations,	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	3 33	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 f or	the grant	of	the	requested	exemptions	allowing	comme rcial	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