UpShot Productions

Owner: Kevin Mahaney

780 Wilson Creek Rd.

Ellensburg Wa,98926

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

Federal Aviation Regulations from: 14 CFR 21 subpart H; 14 CFR 45.23(b); 14 CFR 61.113(a) 

and (b); 14 CFR 91.7(a); 14 CFR 91.9(b)(2); 14 CFR 91.103; 14 CFR 91.109; 14 CFR 

91.119(c); 14 CFR 91.121; 14 CFR 91.151(a); 14 CFR 91.203(a) and (b); 14 CFR 91.405(a); 14 

CFR 91.407(a)(1) 14 CFR 91.409(a)(1) and (2); 14 CFR 91.417(a) and (b)

Dear Sir or Madam:

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

Act) and 14 CFR Part 11, UpShot Productions (Kevin Mahaney), Owner of an Unmanned 

Aircraft System (UAS), Hereby applies for an exemption from the listed Federal Aviation 

Regulations (FARs) to allow UpShot Productions to legally operate its DJI Phantom 3 UAS, so 

long as such operations are conducted within and under the conditions outlined herein or as 

may be established by the FAA as required by section 333.

The proposed exemption would allow UpShot Productions to operate a small UAS under 

controlled conditions in FAA regulated airspace that is 1) limited 2) predetermined 3) controlled, 

for purposes of unmanned aerial photography and videography for real estate as well as small 

business promotional media. If the exemption is granted, UpShot Productions will conduct 

commercial UAS flights following all conditions set forth by the FAA Section 333 with emphasis 

on safety and operational requirements. 

Proposed Operations of UpShot Productions UAS 

● Aerial Video and Photography for Real Estate and business promotion purposes.

Upshot products will follow all FAA UAS Safety Operating Guidelines including but not limited to 

the following.

● The UAS will operate no more than 200 feet above ground level and within a radius of 

1000 feet of Pilot in Command (PIC) and will not exceed 35mph.

● Operations will only occur during daytime conditions abiding by Visual Flight Rules 

(VFR) within Visual line of sight (VLOS) of the UAS pilots at all times.

● Obtain permission from the owner or representative of the owner to conduct operations

○ If operations occur within 500 feet of any vessel, vehicle, or structure, a safety 

assessment will be conducted.

● Flight times will be limited to 10-15 minutes per flight. Allowing 25% of total battery 

battery to be used to safely land the UAS. This exceeds the manufacturer's 

recommended minimum battery level parameters for “return to home” function.

● DJI Phantom 3 utilizes Global Positioning System (GPS), which will automatically land 

(return to home) the UAS in any cases where Communication between PIC and craft is 

lost or the battery levels reach a critical level.
● DJI Phantom 3 also has “return to home” button on controller.

● Contact Airports if operations are within a 5 mile radius. Advise Airports of all pertinent 

information including but not limited to: time of flight, flight duration, elevation of flight.

● Only operate UAS in safe weather conditions. Unsafe conditions include, but are not 

limited to high wind, poor visibility, low clouds or any conditions that may cause the pilot 

to lose VLOS or control of the UAS.

This will be achieved by:

○ Obtaining and reviewing weather reports prior to flight

○ Procedures for a mid-flight abort in cases where weather or other factors cause 

conditions to become unsafe or dangerous. 

● Only operate in controlled environment

○ Will have procedures in place to identify and avoid any hazardous areas such as 

power lines, street lights, trees, airports, densely populated areas (yellow areas 

on VFR charts)

○ Will have procedures in place to abort flights that have safety breaches or 

dangerous issues.

○ Will always operate UAS with 2 people, with a designated “visual observer (VO)” 

who will also keep constant Visual Contact with UAS along with PIC.

○ Will have policies that will clear the operational flight area of any non-essential 

personnel.

● We will conduct extensive preflight inspections on the UAS, utilizing procedures that will 

check integrity of all operational parts including but not limited to: propellers, aircraft 

antenna, aircraft LED lights, remote buttons, control sticks, signal strength between craft 

and remote, signal strength of GPS, battery strength. 

● We will follow guidelines of 14 CFR 61.51(b) along with our own safety operation 

procedures.

○ The PIC will have a minimum of 6 hours logged operating the craft before 

commercial use, along with over 10 hours operating UAS quadcopters in various 

conditions and environments. 

○ With emphasis on safety, we will have training procedures that include 

emergency landing, evasive maneuvers and other possible dangerous scenarios 

such as yielding the right away to any airplane or helicopter that comes within 5 

miles of the operating UAS.

UpShot Productions requests exemptions from the specific regulations outlined below and any 

additional regulations that may technically apply to the operation of the UAS for purposes of 

acquiring photos and videos which will promote local economic growth through employment and 

tax base.

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

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

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

Given the size and limited operating area associated UAS, an exemption from Part 21 Subpart 

H meets the requirements of an equivalent level of safety under Part 11 and 333 of the Reform 
Act. Federal Aviation Act (49 U.S.C.4470 1 (f)) and 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 UAS. 

In all cases, 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 rotorcraft) operating with an 

airworthiness certificate without the restrictions and conditions of proposed UAS operations.

The UAS to be operated by UpShot Productions is less than 55lbs. Fully loaded, carries 

neither pilot, nor passengers, carries no explosive or flammable materials including combustible 

fuels, and operates exclusively within a secured area. Unlike other civil aircraft, operations 

under this exemption will be controlled and monitored by both the pilot (PIC) and “visual 

observer(VO)” as a secondary monitor for safety issues, and a technician, which assists in 

matters related to maintaining the UAS and also monitors for safety concerns. These 

enhancements to current safety practices and regulations, which already apply to civil aircraft, 

provide a greater degree of safety to the public and property owners than conventional aircraft

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 intrinsic credible threat to 

national security posed by the UAS, 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 CFR 45.23(b) Display of marks; general and 45.29 Size of marks

These regulations provide that each aircraft must display "N" and the aircraft's registration 

number in letters at least 3 inches high. Additionally, the aircraft must display the word 

"EXPERIMENTAL" in letters at least 2 inches high near the entrance to the cabin, cockpit, or 

pilot station. The UAS does not have an entrance in which the word "EXPERIMENTAL" can be 

placed. We propose an equivalent level of safety by including the word "EXPERIMENTAL" on 

the top and bottom of the aircraft, where the PIC (Pilot In Control), VO (Visual Observer) and 

others in the vicinity of the aircraft while it is preparing for launch will be able to see the 

designation. We will display at the ground station a high contrast flag or banner that contains the 

words "Unmanned Aircraft Ground Station" in letters 4 inches high or greater. The banner will 

be visible to anyone that observes the aircraft and chooses to investigate its point of origin.

14 CFR 91.7(a) Civil Aircraft Worthiness

UpShot Productions request an exemption from 91.7(a) which prohibits the operation of an 

aircraft without an airworthiness certificate, since there is currently no certificate applicable to 

our operation, this regulation is inapplicable. 

14 CFR 91.9 Civil aircraft flight manual, marking, and placard requirements.

UpShot Productions request an exemption from 91.9(b)(2) which requires an aircraft flight 

manual in the aircraft, however since there are no pilots or passengers on board the aircraft and 
given its size, this regulation is inapplicable. We believe an equivalent level of safety will be 

achieved by maintaining a safety/flight manual with the UAS ground station. 

14 CFR 91.119 Minimum safe altitudes

UpShot Productions requests an exemption from the minimum safe altitude requirements of 14 

CFR 91.119. 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 CFR 91.119(c). Section 91.119(d)(1) allows for a 

hazard to persons helicopter complies with any routes or altitudes specifically prescribed for 

helicopters

14 CFR 91.121 Maintain cruising altitude or flight level by reference to an altimeter

UpShot Productions requests an exemption from 14 CFR 91.121, which 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. An exemption is required 

because the UAS does not have a barometric altimeter, but the Phantom 3 software has a GPS 

altitude meter display. PIC will use display to constantly monitor altitude during the flight.

14 CFR 91.151(a) 

UpShot Productions requests an exemption from 14 CFR 91.151(a) fuel requirements for flight 

in VFR conditions. Section 91.151 states: (a) 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. 

The battery powering the Phantom 3 UAS provides approximately 20 minutes of powered flight. 

An exemption from the 30 minute reserve requirement in 14 CFR 91.151 is therefore required. 

Equal levels of safety can be achieved by limiting flight times to approximately 10-15 minutes or 

until 25% of battery life remains , whichever comes first. This is more than enough battery 

power to achieve a safe landing.

14 CFR 91.405(a); 91.407(a)(1); 91.409(a)(2); 91.417(a)&(b) Maintenance and inspection 

standards in reference to 14 C.F.R. Part 43.

UpShot Productions requests exemptions from these regulations because Part 43 and these 

sections apply only to aircraft with an airworthiness certificate, which the UAS will not have. 

UpShot Productions will achieve an equivalent level of safety because maintenance and 

inspections will be performed in accordance with the DJI Phantom 3 Aircraft Operations Manual.

The operator will ensure that the UAS is in working order prior to initiating flight, perform all 

required maintenance, and keep a comprehensive log of any maintenance performed on UAS.

The UAS small size, carrying capacity, and the fact that flight operations will only take place in 

controlled areas for limited periods of time, create less risk than the same factors associated 

with conventional fixed-wing aircraft and rotorcraft performing the same operation.

14 CFR 91.103 PIC to become familiar with specific information before each flight
UpShot Productions requests an exemption from 91.103, which requires a PIC to become 

familiar with specific information before each flight, including information contained in the FAA 

approved Flight Manual on board the aircraft. As an FAA approved flight manual will not be 

provided for the UAS, an exemption will be needed. 

The equivalent Level of Safety will be achieved by following the DJI manufactures aircraft 

manual with comprehensive preflight checklist. Other comprehensive preflight information 

gathering and interpreting will be done by the PIC utilizing weather reports, web based 

mapping(google earth) battery requirements, determining safe takeoff and landing areas. All 

pertinent information will be gathered and interpreted by PIC before any flights. 

14 CFR 91.109 Flight Instruction

UpShot Productions requests an exemption from the 14 CFR 91.109(a) which provides that 

person may operate a civil aircraft (except a manned free balloon) that is being used for flight 

instruction unless that aircraft has fully UAS and remotely piloted aircraft, by their design do not 

have fully functional dual controls. The control box communicates with the UAS through radio 

communications.

Equal levels of safety will be achieved based on the size and speed of UAS an equal level of 

safe training can be achieved without the “dual controls”because the UAS is unmanned and all 

essential personnel will be a safe distance away in the event of difficulties during the flight.

14 CFR 61.113(a) Private Pilot Privileges and Limitations: Pilot in Command

UpShot Productions requests an exemption from the private pilot privileges and limitations of 

61.113 (a) & (b): Private Pilot Privileges and Limitations: The regulation provides that no person 

that holds a Private Pilot certificate may act as pilot in Command of an aircraft for compensation 

or hire. Subparagraph (b) allows a private pilot to act as pilot in command of an aircraft in 

connection with any business or employment if: (1) The flight is only incidental to that business 

or employment; and (2) The aircraft does not carry passengers or property for compensation or 

hire. The UAS aircraft cannot carry passengers or property, therefore an exemption is needed. 

Public Interest

The current Aerial Photography and Videography uses either fixed wing aircraft or helicopters 

which have expensive operating costs, the use of large heavy aircrafts, and manned flight

operation introduces certain elements of risk for the public and pilot safety. Along with the 

additional risk associated with manned flight, the cost to small business owners is often 

expensive. By granting UpShot Productions an exemption, we will be able to provide 

photography and videography at a lower cost. This will stimulate local commerce by giving the 

small business owner access to high quality promotional media, while also minimizing safety 

risks by utilizing a small unmanned UAS.

UAS Overview UpShot Productions will operate the DJI Phantom 3 Professional

● Dimensions

○ Size-40.36cm x 40.36cm x 19.05 x or 16inch x 16inch x 7.5inch
○ Weight- 1280g total or 2lbs 13oz total

● Speed

○ Under still air maximum speed is no more than 16m/s or 35mph with a cruising

speed of 11m/s or 25mph

● Motors

○ 4 motors total

○ Motor model DJI 3510

● Power

○ 4480mAh 4s LiPo Lithium Polymer Battery

● Propellers

○ Model DJI 1345

● Remote Controller

○ DJI issued C3 remoter controller

○ Operating frequency- 2.400GHz-2.483GHz

○ Live Video frequency- 2.4GHz ISM (max range- 1.2 miles)

● Operation Parameters

○ UpShot Productions will operate the UAS with visual line of sight within a closed 

off pre-determined area; With authorization of the the property owner or 

representative.

DJI Phantom 3 GENERAL FEATURES

● Ready to fly

● Precision flight and stable hovering

● GPS/GLONASS positioning and auto return home

● FAA no-fly zones locked out via DJI installed software

● Onscreen real-time flight parameters

○ High Definition 4k camera

○ 3 Axis camera stabilization

○ Adobe lens profile support

○ Album synchronization

○ DJI VISION APP-System requirement of Mobile Device: iOS version 6.0 or 

above/ Android system version 4.0 or above

● CAMERA

○ Operating Environment Temperature- 0 degrees C to 40 degrees C

○ FOV- 94 degrees/85degrees

○ Sensor Size- 1/ 2.3”

○ Max Resolution-4096x2162p @24/25 fps

● TRANSMITTER

○ Communication Distance (open area) – CE: 2000m; FCC: 2000m

○ Transmitter Power- CE: 16dBm; FCC: 20dBm

○ Operating Frequency- 2.400 GHz- 2.483 GHz

○ Receiver Sensitivity (1%PER) :-101dBm +/- 2dBm

○ Battery- 6000 mAh LiPo 2s
○ Working Voltage- 1.2A @ 7.4V

Conclusion

The approval of this application presents no national security issues. Due to the small size of 

the unmanned UAS and the controlled environment, all proposed operations will meet or exceed 

the Reform Act’s safety requirements. Regarding the level of safety surrounding proposed 

operations and the public/economic benefit, the grant of the requested exemption is in the public 

interest for the following reasons: reduction in environmental impacts, including but not limited to 

reduced emissions and noise. For this reason, UpShot Productions requests that the FAA grant 

the requested exemption with minimum delay. 

Manuals and Specifications:

- DJI Phantom 3 Professional User Manual

- http://download.djiinnovations.com/downloads/phantom_3/en/Phantom_3_Professional_User_Man

ual_v1.2_en.pdf

I would like to thank you for your consideration in granting the exemptions mentioned in this 

document. If additional information is required or if you have any questions please contact Kevin 

Mahaney, 509-856-7238 owner of UpShot Productions

Thank you,

Kevin Mahaney

UpShot Productions

Kevin.m.mahaney@gmail.com