A. Petition Summary

Pursuant with Section 333 of the FAA Modernization and Reform Act of 2012, UP Aerial 

Cinematography LLC, requests exemption from the following Federal Aviation Regulations that 

are found under Title 14 of the Code of Federal Regulations (CFR): 14 CFR parts §§ 61.113(a), 

91.119(c), 91.121(a), and 91.151. WPP seeks expedited approval and exemption from the 

CFRs listed above in order to operate the DJI Phantom 3, and DJI Inspire 1 Pro. Unmanned 

Aircraft System (UAS) for the purpose of providing services in the domains of Precision 

Agriculture, Emergency services operations, Aerial inspections, Real Estate survey, and other 

commercial filmmaking applications. Operation of the DJI Phantom 3, and DJI Inspire 1 Pro by 

UP Aerial Cinematography LLC will follow strict operational limitations as outlined in this 

document and all recommendations by the FAA.

B. Background

1. UP Aerial Cinematography

Established in 2014, UP Aerial Cinematography makes available to the general public, the 

services of still photography and videography applications. Part of the services offered include 

the opportunity for aerial photography for the purposes of documentation and preservation. 

Applications for aerial imagery include, but may not be limited to: Real Estate Survey, Real 

Property Inspection, Storm Damage Survey, Disaster Relief, Search and Rescue efforts, and 

Commercial Filmmaking applications.

2. DJI Phantom 3 Pro

The DJI Phantom 3 Pro is the newest and most advanced UAS offered by DJI at the time of this 

application. It is 24 inches wide, weights 2.8 lbs, has a max speed of 35mph, and climbs at 16 

feet/second. The DJI Inspire 1 is also the newest most advanced UAS offered in another line by 

DJI. It weighs 7.5 pounds, measurements are 36 inches, and goes 35mph, and it also climbs 

at 16 feet/second. A gyro-stabilized camera makes it an ideal platform for aerial photography 

and cinema photography applications. Both aircraft have a Return-To-Home function in the 

event of total loss of signal from the controller, or when battery remaining reaches a critically low 

level. The controllers are (2.400 GHz-2.483 GHz) has the capable range of 1.2 miles. The First 

Person View (FPV) video is relayed from the onboard camera a device, in my case, an iPhone6 

or iPad mounted on the controller.

3. Pilot

David Ryan Gillaspie will act as the sole PIC for UP Aerial Cinematography. 

In flight school obtaining pilot license at the time this application is being submitted.

13 Hours Total Flight Time (At the time this application is being submitted)

350 Hours UAS flight time

C. Statutory Authority

1. FAA Modernization and Reform Act of 2012, Section 333

Section 333 (a) states that the FAA “shall determine if certain unmanned aircraft systems may 

operate safety in the national airspace system before completion of the plan and rulemaking 

required by Section 332”. Section 333 (b) then lists several factors that should be considered in 
determining which UAS’ would be eligible for expedited integration into the National Airspace 

System (NAS). Specifically UAS’ that “as a result of their size, weight, speed, operational 

capability, proximity to airports and populated areas, and operation within visual line of sight do 

not create a hazard to the users of the national airspace system or the public, or pose a threat 

to national security”. If a UAS meets the criteria laid forth in Section 333 (b), Section 333 (c) 

then gives the FAA the authority to decide if an airworthiness certification as specified by Title 49 

United States Code, Section 44704 is even required for operation. Section 333 (c) specifically 

states that the FAA can determine “whether a certificate of waiver, certificate of authorization, or 

airworthiness certification under section 44704 of Title 49, United States Code, is required for 

the operation of unmanned aircraft systems”. Thus, the FAA has the ability to allow a UAS that 

meets the criteria put forth in Section 333 (b) to operate within the NAS without an airworthiness 

certification as long as the UAS does not pose any hazard or threat to the NAS, public, and 

national security.

2. How UP Aerial Cinematography Meets Criteria In Section 333

Below are the criteria laid forth in Section 333 (b) and a detailed description of how Up Aerial 

Cinematography meets each of these criteria.

a. Size, Weight, and Speed

The DJI Phantom 3 Pro is 24 inches wide, weights 2.8 lbs, and has a max speed of 35mph. 

The Inspire 1 Pro is 36 inches wide, weighs 7.5 pounds, and also has a max speed of 35mph. 

These small, lightweight aircraft that operate at relatively slow speeds will pose little to no 

hazard to people or structures on the ground, thus making it an exponentially safer alternative to 

manned, fixed wing aircraft for aerial imaging.

b. Operational Capability

The primary function of the DJI Phantom 3 and DJI Inspire 1 Pro is to provide a stabilized aerial 

platform for remote sensing at altitudes at or below the current FAA UAS restrictions and 

limitations, or the limitations as amended in the future. For applications in industrial automation 

the offers a cost effective, environmentally friendly, and safe solution for aerial inspections. The 

data gathering capabilities of the DJI Phantom 3 and DJI Inspire 1 Pro will benefit individuals 

and companies, which is of great benefit to the economy and the public.

The UAS can take off and land vertically and can be launched and recovered from any stable 

surface or by hand, requiring no runway for take-off and landing and no transit to and from the 

site. Once airborne, the DJI Phantom 3 and DJI Inspire 1 Pro will fly at an altitude of 400 ft AGL 

or less, or the most current FAA altitude restrictions as changed in the future, over the 

designated area. Prior to flight, the Pilot in Command (PIC) sets a designated flight area and 

flight parameters to ensure that the DJI Phantom 3 or DJI Inspire 1 Pro will remain within the 

confines of the approved site and not exceed a maximum altitude 400 ft. AGL, or the most 

current FAA altitude restrictions as changed in the future over the designated area. If onboard 

sensors detect a critical issue at any time, such as a low battery state or loss of GPS signal, the 

DJI Phantom 3 or DJI Inspire 1 Pro will immediately execute preprogrammed safety procedures 

(Reference Appendix A). The DJI Phantom 3’s small operational footprint and built-in safety 

protocol provide a much safer alternative for aerial imaging and would pose a minimal hazard to 

the NAS or public.
c. Proximity to Airports/Populated Areas

UP Aerial Cinematography will only operate the DJI Phantom 3 and DJI Inspire 1 Pro over 

agricultural and/or industrial operation locations for the purpose of collecting aerial imagery. In 

addition, if operation are within

5NM of an airport UP Aerial Cinematography will coordinate with appropriate FAA authorities/air 

traffic control agencies. Two-way communication will be established with the airport control 

tower, and an LOA will be obtained from the airport manager prior to commencing flight in or 

near Class C, D, E airspace. No flight will be conducted in Class A or B airspace. During flights 

within Class C, D airspace, the lowest altitude possible to complete my mission will be 

maintained.

d. Visual Line of Sight (VLOS)

The DJI Phantom 3 and DJI Inspire 1 Pro will be flown in accordance with day Visual Flight 

Rules (VFR) and only in Visual Meteorological Conditions (VMC) during day-light hours. The DJI 

Phantom 3 and DJI Inspire 1 Pro will operate within 1 NM and VLOS of the PIC, at an altitude 

400 ft. AGL or less, or the most current FAA altitude restrictions as changed in the future, over 

the designated area.. The Safety Observer will be responsible for ensuring that the DJI 

Phantom 3 and DJI Inspire 1 Pro remains within VLOS at all times and will also assist in 

spotting potential hazards. 

e. Operating in proximity of powered aircraft

If the DJI Phantom 3 and DJI Inspire 1 Pro PIC or Observer notices powered aircraft 

approaching the area of operations, See and Avoid procedures are in effect at all times. The 

DJI Phantom 3 and or the DJI Inspire 1 Pro will be maneuvered in a manner in which to give the 

right-of-way to the powered aircraft. If the powered aircraft is to remain in the immediate area, 

i.e. for crop dusting operations, the DJI Phantom 3 or DJI Inspire 1 Pro will land and cease 

operations until the powered aircraft has left the area. 

3. Other Relevant Factors

a. Operational Limitations

UP Aerial Cinematography has established the following operational limitations for DJI Phantom 

3 and DJI Inspire 1 Pro over designated areas.

o DJI Phantom 3 and DJI Inspire 1 Pro are only permitted over designated areas

o The DJI Phantom 3 and DJI Inspire 1 Pro operate at or below 400 ft. AGL, or the most current 

FAA altitude restrictions as changed in the future

o The DJI Phantom 3 and DJI Inspire 1 Pro operate within 1 NM and within VLOS of the PIC 

and Safety Observer

o The DJI Phantom 3 and DJI Inspire 1 Pro operate in accordance with Day Visual Flight Rules 

and only in Visual Meteorological Conditions during daylight hours
o All employees working on-site will be thoroughly briefed on DJI Phantom 3 and DJI Inspire 1 

Pro prior to operations commencing

o DJI Phantom 3 and DJI Inspire 1 Pro operations will be conducted by commercially certified 

pilots.

o UP Aerial Cinematography will also follow any guidance from the FAA in accordance with Sec 

333 (c) which states that after determining if UAS meets the criteria for safe operation that the 

FAA “shall [also] establish requirements for the safe operation of the” UAS in the NAS.

D. Basis for Petition

1. Name and Address of the Petitioner

David Gillaspie

UP Aerial Cinematography

6501 Red Hook Plaza

St. Thomas, VI 00802

Phone: 503-330-9644

Email: upusvi@gmail.com

2. Specific Sections of 14 CFR from which UP Aerial Cinematography Seeks Exemption

Below are the sections from which UP Aerial Cinematography seeks exemption, with specifics 

on the extent of relief sought, reason for relief, and why exemption would not adversely affect 

safety.

Section 61.113(a); UP Aerial Cinematography will conduct operations in compliance with the 

following definitions and guidelines: PIC is defined as the person responsible for the safe 

ground and flight operation of the aircraft and onboard systems. The PIC/Operator may be 

augmented by supplemental pilots/operators however; overall responsibility of the flight, 

regardless of who may be piloting the UA, will reside with a single PIC/Operator who retains 

ultimate decision-making authority. The PIC/Operator shall be fully qualified to operate the UAS 

IAW applicable Service directives. PICs/Operators must not perform crew duties for more than 

one UAS at a time. PICs/Operators are not allowed to perform concurrent duties both as pilot/

operator and observer. Observer: All observers must have an understanding of federal aviation 

regulations applicable to the airspace where the UA will operate. Observers are considered a 

crew member of the UAS. Observers must not perform crew duties for more than one UAS at a 

time. Observers are not allowed to perform concurrent duties both as pilot and observer. 

Ancillary personnel such as flight engineers/observers/support personnel must be thoroughly 

familiar with and possess operational experience of the equipment being utilized. If the subject 

systems being utilized are for observation and detection of other aircraft for collision avoidance 

purposes, they must be thoroughly trained on collision avoidance procedures and techniques 

and have direct communication with the UAS pilot, observer, and other applicable personnel on 

an inter- communication system.

UP Aerial Cinematography Pilot-in-Command will designate a certified pilot and have overall 

responsibility for flight operations. 

Based on the above operational guidelines and the extensive amount of flight time I have with 

UAS systems, I feel the exemption would not adversely affect safety. In addition we feel the 
oversight of an ATP Certified Pilot during all operations meet the intent of 14 CFR Part 

61.113(a).

Section 91.121 requires a person operating an aircraft to maintain cruising altitude or flight level 

by reference to an altimeter that is set to the elevation of the departure airport or barometric 

pressure. The DJI Phantom 3 and DJI Inspire 1 Pro have a barometer integrated auto pilot 

system. The auto pilot system calibrates the barometer when initialized. The DJI Phantom 3 and 

DJI Inspire 1 Pro are constantly monitored by the pilot in command and spotter, thus ensuring 

operation at safe altitudes. For these reasons, UP Aerial Cinematography requests an 

exemption to § 91.121’s altimeter requirements.

Section 91.119 prescribes the minimum safe altitudes under which aircraft may not operate, 

including 500 feet above the surface and away from any person, vessel, vehicle, or structure in 

non- congested areas. See 14 C.F.R. § 91.119(c). Section § 91.119(d)(1) allows for a helicopter 

to operate at less than those minimum altitudes when it can be operated “without hazard to 

persons or property on the surface,” provided that “each person operating the aircraft complies 

with any routes or altitudes specifically prescribed for helicopters by the FAA.” To demonstrate 

the intended agricultural-related services and industrial automation applications, the DJI 

Phantom 3 and DJI Inspire 1 Pro are normally operated at approximately 20 feet to 400 feet 

above the surface of a field or other agricultural area or within an industrial complex. In addition, 

due to the nature of the DJI Phantom 3 and DJI Inspire 1 Pro operation, the pilot in command 

and the designated spotter may at times be as much as 500 feet away during operation. 

Furthermore, by operating at such lower altitudes, the DJI Phantom 3 will DJI Inspire 1 Pro will 

not interfere with other aircraft that are subject to the minimum safe altitude regulations. An 

exemption from § 91.119’s minimum safe altitude regulations is therefore warranted.

Section 91.151(a,1,2) states "No person may begin 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."

Maximum safe flight time for the DJI Phantom 3 and DJI Inspire 1 Pro is 15 minutes. All flight 

are executed during daylight under line of sight operation provided VFR conditions exist. The 

DJI Phantom 3 and DJI Inspire 1 Pro uses lithium polymer batteries as the power source. 

During flight operations battery levels are displayed on the ground station terminal and available 

to the PIC for review. In addition the DJI Phantom 3 and DJI Inspire 1 Pro is equipped with an 

LED indicator to notify the operator of low battery status. Moreover, the DJI Phantom 3 and DJI 

Inspire 1 Pro autopilot system is configured to return to home if the battery voltage drops below 

a configured parameter. The requirements under CRF §91.151(a,1,2) (b) are not applicable to 

the operation of the DJI Phantom 3 and DJI Inspire 1 Pro.

3. How request benefits public as a whole

The DJI Phantom 3 and DJI Inspire 1 Pro are a safe, efficient, and an economical alternative to 

manned, fixed wing aircraft or helicopters that are currently being used to conduct aerial 

imaging of agricultural and industry . There are a four major reasons why the public would 

benefit from granting DFH exemptions from these regulations. Authorizing DJI Phantom 3 and 

or DJI Inspire 1 Pro flights over designated areas would 1) reduce the number of manned 

aircraft in the NAS, 2) reduce air and noise pollution, 3) reduce the risk to life and property on 

the ground, and 4) increase agricultural and industrial economic growth.
Utilizing the DJI Phantom 3 and DJI Inspire 1 Pro in lieu of a traditional manned aircraft will 

result in the overall reduction of manned aircraft in the NAS. Thus there will be less aircraft that 

require control and coordination with Air Traffic Controllers (ATC). Because the DJI Phantom 3 

and DJI Inspire 1 Pro can take-off and land on-site and operate at an altitude of 400 ft. AGL (or 

less) within VLOS of the PIC there is no need for ATC to provide coordination during ground, 

take-off, departure, transit, arrival, and landing phases of flight. As the skies over the United 

States get busier and busier, any small effort to lighten the load of the Air Traffic Controllers 

would be of great benefit to the public.

At 2.8 lbs and 7.5 lbs. the battery operated DJI Phantom 3 and DJI Inspire 1 Pro with four 

electric motors provides a much quieter alternative to manned aircraft. Traditionally a manned 

aircraft would have to transit from the departure airport to the desired site and fly at low altitudes 

to achieve high-resolution imagery. The DJI Phantom 3 and DJI Inspire 1 Pro will require no 

transit time, and the electric motors will be exponentially quieter than an internal combustion 

motor on passenger aircraft that is typically used to conduct aerial imaging. In addition the DJI 

Phantom 3 and DJI Inspire 1 Pro requires no fuel since it is battery operated. A manned aircraft 

on the other hand typically burns 20-30 gallons of aviation fuel per hour which is polluting the air 

not only over the site but over the path of transit and around the airport. Conducting aerial 

imaging with the DJI Phantom 3 and DJI Inspire 1 Pro in lieu of a manned aircraft would thus 

greatly reduce both air pollution and noise pollution which is of great benefit to the public.

Using the DJI Phantom 3 and DJI Inspire 1 Pro would also greatly reduce if not completely 

eliminate the risk to life and property on the ground. The DJI Phantom 3’s and DJI Inspire 1 Pro 

small size and weight pose no hazard to people or structures on the ground as opposed to a 

manned aircraft, which has a much greater potential for collateral damage. In addition the DJI 

Phantom 3 and DJI Inspire 1 Pro are unmanned and as a result the risk associated with piloting 

this aircraft is non-existent. Overall the DJI Phantom 3 and DJI Inspire 1 Pro provides a much 

safer alternative to manned, aircraft operations for the purpose of collecting aerial imagery.

Lastly, Economic Potential; the UAS industry has the potential to create 100,000 U.S. jobs and 

contribute $82 billion to the GDP by 2025. An estimated 80 percent of UAS growth will come in 

the emerging science of precision agriculture, providing spatial and temporal data to optimize 

crop health and resource management, disaster damage survey, news gathering, and other 

aerial applications.

UP Aerial Cinematography is dedicated to developing UAS technology for civilian applications 

by providing educators, and business, with unique opportunities to help innovate and grow UAS 

technology from the ground-up. Results of the non-proprietary research conducted by UP Aerial 

Cinematography provides a conduit for new market identification and product refinement. UP 

Aerial Cinematography’s unique business model encourages market expansion of UAS's 

utilization while providing economic benefits to the community.