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U.S. Department of Transportation 

Docket Operations 

1200 New Jersey Avenue, SE 

Washington, DC 20590-0001 

August 26, 20 15 

Re : Exemption Request Section 333 ofthe FAA Reform Act of2012 

and Part 11 ofthe Federal Aviation Regulations 

To whom it may concern: 

320 East Buffalo Street, Suite 700 

Milwaukee, W isconsin 53202 

20720 Watertown Rd ., Suite 202 

Waukesha, Wisconsin 53 186 

1001 Glen Oaks L1nc, Suite 22 1 

Mequon, Wisconsin 53092 

T elcphone 4 14 .27 1.3400 

Facsimile 4 14 .271.384 1 

www.halli ngcayo.com 

Scott N JJums 

Richard j Cnyo 

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Robar j Dl'cmzk 

Angdn C Foy 

Patricitz /.. Crovr 

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jt'rrmy P. Lt'llimon 

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Pmrick T 0 'Nl'ill 

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Mark E. Srmrlrrs 

1Hirhnel H. Scluwlnum 

St'an J\1. Swunq 

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D11vid H. I ifllling 

We represent Up High Productions LLC ("Up High"), a Wisconsin Limited Liability 

Company, with regard to the above matter. Pursuant to Section 333 of the FAA Modernization and 

Reform Act of2012 ("Reform Act" and 14 C.F.R. Part 11 , Up High, the operator of a DJI Phantom 

("UA") seeks an exemption from the Federal Aviation Regulations (FARs) as listed and discussed 

below. 

Up High's team has flown its UA as well as other model aircraft for recreational purposes 

for hundreds of hours without incident. Up High's UA is equipped to take aerial videography and 

photography to enhance and promote real estate listings. 

Up High's exemption request will permit the operation of comparatively inexpensive, 

lightweight UAs in tightly controlled and limited airspace. This airspace will include areas away 

from the general public, airports, stadiums, and similar locations. Currently, similar lightweight, 

remote controlled UAs are legally operated by unmonitored and untrained hobbyists with no safety 

controls or protocols, and proposed FAA regulations anticipate that the use of very small UAs such 

as the DJI Phantom 2 will be permitted without special exemption or registration. However, Up 

High has safety protocols and controls in place to avoid and prevent public hazards and prevent 

interference with other aircraft which could cause catastrophe. Further, the use of Up High's UAs 

for real estate purposes reduces the need to operate conventional aircraft at a greater threat to 

environmental and public safety as well as a greater cost to the end user. 

As described more fully below, Up High's requested exemption would authorize 

commercial operations of aerial photography and videography, using Up High's UA, which will 

be operated under controlled conditions at an altitude of no greater than four hundred ( 400) feet 

AGL in airspace that is limited in scope. The UA has automated control features including features 

which direct the UA to safely land at its origination point in the event of equipment malfunction. 

The UA will be operated by a trained and experienced operator. 

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Up High's specific requests are discussed in detail below. 

Statutory Authority for Exemptions 

The Federal Aviation Act expressly grants the FAA authority to issue exemptions. This statutory 

authority includes exempting civil aircraft, as the term is defined under §40101 of the Act, 

including UAs, 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). 

Section 333(b) of the Reform Act assists the Secretary in determining whether UAs may operate 

in the National Airspace System (NAS) without creating a hazard to the user, the public, or a threat 

to National security. In making this determination, the Secretary must consider: 

• The UA's size, weight, speed, and operational capability; 

• Whether the UA operates within the visual line of sight of the operator; 

• Whether the UA operates outside of highly populated areas and away from close proximity to 

airports. See Reform Act §333(a). 

If the Secretary determines that a U A "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." ld. §333(c). 

Up High's UA is a DJI Phantom 2 Vision+ quad copter "drone" (manual enclosed), weighing less 

than15 pounds including its payload. The weight of the aircraft, including battery and propellers, 

is less than 3 pounds per the manufacturer. 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. The UA will operate only in the pilot's visual line of sight at all times and will 

operate only within the recommendations described in the flight manual, Such operations will 

insure that the U A will "not create a hazard to users of the national airspace system or the public." 

Reform Act§ 333 (b). Given the small size of the UAS involved and the restricted environment 

within which they will operate, Up High's application falls squarely within the zone of safety (an 

equivalent level of safety) in which Congress envisioned that the FAA must, by exemption, allow 

commercial operations ofUA to commence immediately. Also due to the small size of the UAs 

and the low altitudes and restricted areas in which Up High's UA will operate, approval of the 

application presents no national security issue. 

Given the clear direction in Section 333 of the Reform Act, the authority contained in the Federal 

Aviation Act, as amended; the strong equivalent level of safety surrounding the proposed 

operations, and the significant public benefit, including enhanced safety, the grant of the requested 

exemptions is in the public interest. Accordingly, Up High respectfully requests that the FAA grant 

the requested exemption without delay. 

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Public Interest 

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 NAS before completion of 

the rulemaking required under Section 332 of the Reform Act. By granting an exemption the FAA 

will fulfill Congress's intent of allowing UA to operate with significant safety precautions in low 

risk environments. 

Up High seeks to use its UA for real estate photography and videography, primarily for marketing 

of real estate for sale. The company also anticipates using its UA to assist with real estate 

inspections and, if requested and technically feasible, to assist with law enforcement investigation. 

The company also anticipates using its UA to help clients preserve events, capturing video for 

general marketing purposes, and in circumstances where customers request aerial photography or 

videography for other reasons. Currently, helicopters and piloted aircraft are being used for this 

purpose, with their attendant safety risks. UAs can replace these devices at a considerable increase 

in safety, as the UAs Up High uses are lightweight, carry no pilot or passengers and have 

combustible material on board. Additionally, UAs reduce the environmental impact by 

dramatically decreasing the energy and fossil fuels used for aerial imaging and data collection. 

Equivalent Level of Safety 

Up High 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 at 

least an equivalent or even higher level of safety to operations under the current regulatory 

structure because the proposed operations represent a safety enhancement to the already safe 

protocols followed on real estate imaging operations conducted with helicopters and other 

conventional aircraft. 

Up High agrees to be bound by the following limitations when conducting its UAS operations 

under an FAA issued exemption: 

1. The U A will be less than 15 pounds. 

2. Flights will be operated within visual line of sight of a pilot. 

3. Maximum total flight time for each operational flight will be 25 minutes (with anticipated total 

flight time of no more than 18 minutes) per the DJI Phantom specifications. The UA calculates 

battery reserve in real time, and will return to its ground station should the battery deplete prior to 

the time limit. 

4. Flights will be operated at an altitude of200 feet AGL, never exceeding 400 feet AGL. 

5. Crew for each operation will consist of the UA pilot who will keep the UA within his visual line 

of sight at all times and a spotter. 

6. The UA pilot will be trained in flight, operations, and safety procedures as detailed in this 

document and as detailed in the DJI manual, enclosed. 

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7. The UA will only operate within the defined areas as defined in this document. This document 

and the Manual also require the establishment of a Security Perimeter for the flight operations 

area. 

8. A briefing will be conducted in regard to the planned UA operations prior to each day's 

production activities. It will be mandatory that all personnel who will be performing duties within 

the boundaries of the safety perimeter be present for this briefing. 

9. All onsite personnel will consent to the UA flyover on site by waiver, and the operator will 

obtain additional verbal or written consent of all persons who will be allowed within 1 00 feet of 

the flight operation. 

10. The pilot will have been trained in operation of UA generally and received up-to-date 

information on the particular U A to be operated. 

11. Written and/or oral permission from the relevant property holders will be obtained. 

12. All required permissions and permits will be obtained from territorial, state, county or city 

jurisdictions, including local law enforcement, fire, or other appropriate governmental agencies. 

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

predetermined location within the Security Perimeter and land. 

Description of Specific Exemptions Sought 

14 CFR Part 21, Subpart H: Airworthiness Certificates 

14 C.P.R. §91203(a)(1) Subpart H 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 Up High, 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 UA. Up High's small UA will be operated at low speed in a 

controlled environment. 

An analysis of these criteria demonstrates that the UAs 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 helicopter) operating with an airworthiness 

certificate without the restrictions and conditions proposed. The U AS to be operated hereunder is 

less than 15 pounds fully loaded, carries neither a pilot nor passenger, carries no explosive 

materials or flammable liquid fuels, and operates exclusively within a designated area as set out in 

this document and the DJI manual. Like other civil aircraft, operations under this exemption will 

be tightly controlled and monitored by the operator, pursuant to this document and the DJI 

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Manual's requirements, and under the requirements and in compliance with local public safety 

requirements, to provide security for the area of operation as is currently done on active 

construction sites. These safety enhancements, provide a greater degree of safety to the public and 

property owners than conventional operations conducted with airworthiness certificates issued 

under 14 C.F .R. Part 21, Subpart H. 

Lastly, application of these same criteria demonstrates that there is no credible threat to national 

security posed by the UA, due to its size, speed of operation, location of operation, lack of 

explosive materials or flammable liquid fuels, and ability to carry only small payloads. 

14 C.F.R. 45.23(b): Marking of the Aircraft 

This regulation requires certain experimental, provisionally certificated aircraft, or light-sport 

category aircraft to be marked with letters between 2 inches and 6 inches high "limited," 

"restricted," "lightsport," "experimental," or "provisional," near each entrance to a cabin, cockpit, 

or pilot station. Even though the UA will have no airworthiness certificate, an exemption may be 

needed as the U A will have no entrance to the cabin, cockpit or pilot station on which the word 

"Experimental" can be placed. Given the size of the UA, two-inch lettering will be impossible. 

The word "Experimental" will be placed on the fuselage in compliance with §45.29 (f). The 

equivalent level of safety will be provided by having the UAS marked on its fuselage as required 

by §45.29 (f) where the pilot, observer and others working with the UAS will see the identification 

of the UA as "Experimental." The FAA has issued several exemptions to this requirement, 

including Exemptions Nos. 10700, 8738, 10167 and 10167A. 

14 CFR 61.113 (a) & (b): Private pilot privileges and limitations: Pilot in command 

Sections 61.113 (a) & (b) limit private pilots to non-commercial operations. Because the UA will 

not carry a pilot or passengers, the proposed operations can achieve the equivalent level of safety 

of current operations by requiring the pilot operating the aircraft to have completed 30 hours of 

hobby flight on the UA and to have thoroughly read the operating manual prior to piloting it for 

commercial purposes. Unlike a conventional aircraft that carries the pilot and passengers, the UA 

is remotely controlled with no living thing or cargo on board. The area of operation is controlled 

and restricted, and all flights are planned and coordinated in advance as set forth in this document. 

The risks associated with the operation of the UA are so diminished from the level of risk 

associated with commercial operations contemplated by Part 61 when drafted, that allowing 

operations of the UA as requested with a pilot who has met the minimum requirements of this 

document exceeds the present level of safety achieved by 14 C.F.R. §61.113 (a) & (b). 

Additionally, the FAA imposes no licensing requirements on any individual operating a UA for 

hobby purposes; no additional safety is gained through requiring a pilot's license and the attendant 

cost for lessons and examination for commercial flight. 

Up High agrees that the Pilot in Command will possess a valid United States Driver's License or 

FAA Medical Certificate. 

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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 Manual for maintenance and use of 

safety checklists prior to each flight, as set forth in this document, an equivalent level of safety 

will be provided. 

14 CFR 91.9 (b)(2): Civil aircraft flight manual, marking, and placard requirements 

The UA, 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 pilot flying the UAs will have immediate 

access to it. The FAA has issued several exemptions to this regulation, including Exemption Nos. 

8607,8737,8738,9299,9299A,9565,9565B, 10167, 10167A, 10602,32827,and 10700. 

14 C.F.R. 91.103: Preflight Action This regulation requires each pilot in command take certain 

actions before flight to ensure the safety of flight. An exemption is needed from this requirement 

as the pilot will take separate preflight actions, including checking for weather conditions, 

checking flight battery requirements, checking takeoff and landing distances, and all other actions 

in the Preflight Checklist in the Manual or imposed by the FAA. These actions will provide an 

equivalent level of safety. 

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. This 

exemption is for a multi-rotor craft that flies similarly to a helicopter, with vertical take off and 

vertical landing, which will typically operate at altitudes of 100-200 AGL, so an exemption may 

be needed to allow such operations. The UA will never operate at altitude higher than 400 AGL 

and will be in a defined area. The equivalent level of safety will be achieved given the size, weight, 

speed of the UA as well as the location where it is operated. No flight will be taken without the 

permission of the property owner or local officials. Because of the advance notice to the property 

owner and any onsite personnel as outlined in the Manual, all affected individuals will be aware 

of the planned flight operations. Compared to flight operations with aircraft or rotorcraft weighting 

far more than the maximum 15 pounds proposed herein and carrying flammable fuel, any risk 

associated with our operations is far less than those presently presented with helicopters and other 

conventional aircraft operating at or below 500 AGL. In addition, the low-altitude operations of 

the UAs will ensure separation between these small UA 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 U A may not have a barometric altimeter, but instead a 

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GPS altitude read out, an exemption may be needed. An equivalent level of safety will be achieved 

by the operator, pursuant to the Manual and Safety Check list, confirming the altitude of the launch 

site shown on the GPS altitude indicator before flight. 

14 CFR 91.151 (a): Fuel requirements for flight in VFR conditions 

Section 91.151 (a) outlines fuel requirements for beginning a flight in VFR conditions. Up High's 

U A is limited to operations in controlled environments as outlined in the Manual, and has a limited 

range and flight time which require an exemption from 14 CFR 91.151(a). The battery powering 

the UA provides approximately 25 minutes of powered flight and Up High anticipates removing 

the UA from service after 18 minutes of flight. To meet the 30 minute reserve requirement in 14 

CFR §91.151, UA flights would be virtually impossible. Given the limitations on the UA'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. Up High 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 UA, in a tightly controlled area, with less than 30 minutes of 

reserve fuel, does not implicate the type of risks that Section 91.151(a) was intended to alleviate 

given the size and speed of the small UA. Additionally, limiting UA flights to mere minutes would 

greatly reduce the utility for which the exemption will be granted. An equivalent level of safety 

can be achieved by limiting flights to 18 minutes, or enough battery reserve to ensure that the UAS 

lands at the ground station with at least 20% of battery power (as determined by the on board 

monitoring system and the pilot), whichever happens first. This restriction would be more than 

adequate to return the UA 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. 

14 CFR 91.203 (a) & (b): Carrying civil aircraft certification and registration 

The regulation provides in 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 UA, with payload, weighs no more than 15 pounds and is operated without an onboard pilot. 

Therefore there is no ability or place to carry certification and registration documents or to display 

them on the UA. An equivalent level of safety will be achieved by keeping these documents at the 

ground flight control point where the pilot flying the UA will have immediate access to them, to 

the extent they are applicable to the U A. 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 CFR 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 

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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 Up High. Maintenance will be accomplished by the operator pursuant to 

the flight manual and operating handbook as referenced in this Document and the DJI Manual. An 

equivalent level of safety will be achieved because these small UAs are very limited in size and 

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

mechanical issues arise the UAS can land immediately and will be operating from no higher than 

400 feet AGL. As provided in the DJI Manual and this document, the operator will ensure that the 

UA 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. 

Technical Specifications: DJI Phantom 2 Vision + 

See attached User Manual p. 48. 

Thank you for your consideration. Please contact me if you require anything further. 

Encl. 

cc: Up High Productions LLC 

Very truly yours, 

HALLING & CA YO, S.C. 

A-tt 

Stacie H. Rosenzweig 

shr@hallingcayo.com 

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