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U.S

. Department of Transportation Docket Ope rations 1200 New Jersey Avenue, S E Washington , DC 20590-0001 August 26 , 20 15

Re : Exemption Request Section 333 ofthe FAA Reform Act o f2012 and Part 11 ofthe Federal Aviation Regulations
To whom it may concern : 32 0 East Buffalo S t reet, Suite 7 00 Milwaukee, W iscons in 53202 20 72 0 Watertow n Rd

. , Su it e 202 Wau kesha, Wi sco n sin 53 186
1001 G le n Oaks L1nc, Su ite 22 1 M equon, W i sconsin 53 09 2
T elcphone 4 14

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Facs imi le 4 14 .271.384 1

www.halli ngcayo.com

Scott N JJums Richard j Cnyo ThomtLJ \\1.**Cwmin~bmn** Robarj Dl'cmzk

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.fmmrl : D11vid H. I i fllling We repre sent Up High Productions LLC ( " Up High"), a Wisconsin Limited Liabilit y Company, with r ega rd to the above matter. Pursuant to S ection 333 ofthe FAA Mo derni zati on and Reform Act of2012 ( " Reform Act " and 14 C.F .R. Part 11 , Up Hi gh, the operator of a DJI Phanto m ("UA") seeks an exemption from the Federal Aviation Regulati ons (FAR s) as li sted and discu ssed below . Up High 's team has flown its UA as well as other model aircraft f o r recreational purposes for hundreds ofhours withou t incident. Up High's UA is equipped to take aeri al v ideograph y and photography to enhance and promote real estate li s tings . Up Hi gh 's exemp tion request will permit the operation of comparatively inexpensive, lightweight UAs in tightly contro lled and limited airspace. Thi s airspace w ill include areas away from the general public , airports, stadiums , and similar locations . Curr ently, s imilar lightweight, remote contro ll ed UAs are legally operated by unmonitored and untrain ed hobb yists w ith no s afety controls or protocols , and propo sed FAA regulation s anticipate that the use ofvery small UAs such as the DJI Phantom 2 w ill be permitted w ithout special exemptio n or registratio n. However, Up Hi gh has s afety protoco l s and controls in place to avo id and p revent pub lic hazards and prevent interference w ith other aircraft which could cause catastrophe. Fur ther, the use of Up High' s UA s fo r real estate purpos es reduces the need t o operate conventi onal aircraft at a greater threat to environmental and public saf ety as well as a greater cost to the e nd u ser. As describ ed more fu lly below, Up High's reque sted exemption wo uld authorize commercial operations of aerial photography and videography, using Up H igh 's UA, which w ill be operated under contro ll ed 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 wi ll b e 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 ofthe 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 UA "may operate safely in the national airspace system, the Secretary shall establish requirements for the safe operation ofsuch 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 ofno 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 UA will "not create a hazard to users ofthe 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 ofthe 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 ofthe 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) ofthe Reform Act. This law directs the Secretary ofTransportation to consider whether certain unmanned aircraft systems may operate safely in the NAS before completion of the rulemaking required under Section 332 ofthe 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, ifrequested 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 UA 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 ofthe 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 UA 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. Ifthe 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 ofthe 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 UAS 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 UA will have no entrance to the cabin, cockpit or pilot station on which the word "Experimental" can be placed. Given the size ofthe 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 ofthe property owner or local officials. Because ofthe advance notice to the property owner and any onsite personnel as outlined in the Manual, all affected individuals will be aware ofthe 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 UA 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 ofthe 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 UA 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 ofthe 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) ofthis 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 UA. 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) ofthis section , have discrepancies repaired as prescribed in part 43 of t his 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 w ill be operating fro m 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 m aintenance , 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 yo u r e quire anything further.

Encl. cc: Up High Productions LLC Very truly yours , HALLING & CAYO, S.C. 

# A-tt

Stacie H. Rosen zweig shr @ hallingcayo.com

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