December 25, 2015 U.S. Department ofTransportation Docket Management System 1200 NewJerseyAve., SE Washington, DC 20590 Re: Petition ofBenjamin Dean UpscaleAerial for an ExemptionPursuant to Section 333 of the FAA Modernization and ReformAct of2012 Director: Flight Standards Service: Pursuantto Section 33 3 ofthe FAA Modernization and ReformAct of2012 ("ReformAct") and 14 C.F.R. Part 11, Benjamin Dean UpscaleAerial ("UpscaleAerial") hereby applies for an exemption from the FederalAviation Regulations ("FARs") identified belowto allow commercial operation ofsmall unmanned aerial vehicles (i.e., "small unmanned aircraft" or "UAS") for the purpose ofconducting aerial photography, videography, and inspections for residential and commercial real property for the real estate industry. This petition for exemption is made based on information outlined in this Petition for Exemption, as well as the accompanying UpscaleAerial documents; 1. PIC Flight Operations Manual and; 2. Operations Manuals (Collectively 2 and 3 are referred to as "Documents & Manuals") 3. User Guide and; 4. Flight Manual 1 (Collectively 3 and 4 are referred to as "Manufacturer's Manuals") UpscaleAerial submits these supporting materials as confidential documents pursuantto 14 C.F.R. § 11.35(b), as the materials contain confidential commercial and/orproprietary information that Upscale Aerial has not and will not share with other requesting parties. Additionally, these documents contain operating conditions and procedures that are not generally available to the public and are protected from release under the Freedom ofInformationAct, 5 U.S.C. § 552 et. seq.. 

### NOTE: ALLATTACHMENTS SET FORTH IN SUPPORT OF THIS LETTER OF PETITIONARE CONFIDENTIALAND SHALLNOT BE RELEASED TO THE PUBLIC WITHOUT WRITTENAUTHORIZATION FROM THE PETITIONER.

1 •Theterm "Manufacturer's Manual" also includes all relevant manufacturer publications, including, but not limited to: operations and flight manuals, user guides, component maintenance manuals, pilottraining manuals, service information letters and, safety/service bulletins.U.S Department ofTransportation December 25, 2015 Page2 Foryour convenience, this Petition is organized as follows: I. 

### Description ofPetitioner II. Description ofProposed Operations A. Aerial Videography, Photography and Inspection 

### III. Relevant StatutoryAuthority IV. UpscaleAerial's Proposed UAS Operations Meet the Requirements of Section 333 Ofthe Reform Act A. Approval is Warranted Based onthe UAS's Size, Weight, Speed, and Operational Capability B. Approval is Warranted Based onthe Operational Restrictions Set Forth inthe Operations Manuals 

### V. Regulations From Which Exemption is Requested A. 14 C.P.R. Part 21, Subpart H -Airworthiness Certificates and 14 C.P.R. § 91.203(a)(l) B. 14 C.P.R. Part 27Airworthiness Standards: Normal Category Rotorcraft C. 14 C.P.R. §§ 91.9(c), 45.23(b) and 45.27(a): Aircraft Marking and IdentificationRequirements D. 14 C.P.R.§ 91.405(a), 91.407(a)(1), 91.409(a)(1) and (2); 91.417(a) and (b): Maintenance Inspections E. 14 C.P.R. Part 61, 14 C.P.R. § 61.3, 14 C.P.R. § 61.113: Private Pilot Privileges and Limitations F. 14 C.P.R.§ 91.7(a): CivilAircraftAirworthiness G. 14 C.P.R. § 91.9(b)(2): CivilAircraft Flight Manual intheAircraft and 14 C.P.R.§ 91.203(a) and (b): Carrying CivilAircraft Certification and Registration H. 14 C.P.R.§ 91.103: PreflightAction I. 14 C.P.R.§ 91.109(a): Flight Instruction J. 14 C.P.R.§ 91.119(c): Minimum SafeAltitudes K. 14 C.P.R.§ 91.121: Altimeter Settings L. 14 C.P.R.§ 91.151(a): Fuel Requirements for Flight inVFR Conditions 

### Vl. Drug and Alcohol Program VII. Public Interest VIII. Privacy IX. Federal Register Summary X. ConclusionU.S Department ofTransportation December 25, 2015 Page3 

### I. DESCRIPTION OF PETITIONER UpscaleAerial is based inRimersberg, PA working in photography, videography, and inspection service for the real estate industry. The Company specializes in, and will continue to focus onthe photography, videography and inspection ofreal property for the industrial and commercial real estate industry. The Company's Principal and ChiefPilot Dustin Smithhas been flying UAV Quadcopters as a hobby for more than one year without incident, logginghundreds ofhours flying. Uponthe grant ofthe 333 Exemptionthe Company's business will specialize in photography, videography and inspection ofreal property. UpscaleAerial's staffare well trained and experienced inproviding support as visual observers ("VO") for the pilot in command ("PIC") in addition to any otherneeded on site assistance. All ofthe equipment owned by UpscaleAerial is ofthe highest quality gear and has been able to provide these services safely and without any claims or incident. Upscale Aerial's goal is to advise the perspective clientthatUpscaleAerial is following all the applicable state and federal rules to ensure the safety ofthe public while providing the client with a competitive and cost effective product. UpscaleAerial seeks an exemptionto allow for photography, videography and otherrelated mediaproducts. The contact information for Petitioner is as follows: Dustin Smith Benjamin DeanUpscaleAerial 61 Acme St. Rimersburg, PA 16248 Phone: 814.229.2486: Email: dustincdlsmith@gmail.com 

### II. DESCRIPTION OF PROPOSED OPERATION UpscaleAerial seeks an exemption pursuantto Section 333 ofthe ReformActto operate the DJI Inspire; and DJI Phantom 3 (referred to BD-UAS) (under 55lbs) for the proposed operations discussed hereinbelow. All UAS operations will occur under tightly controlled conditions on private property or approved location where UpscaleAerial has received verifiable permissionto operate from the landowner, controller or authorized representative. The proposed UAS operations will be conducted in accordance withthe conditions and limitations ofthis Petition for Exemption and UpscaleAerial's Operations Manuals. As detailed in UpscaleAerial's Operations Manuals, all UAS operations will be limited to daytime VFRconditions, within visual line-ofsight ("VLOS") ofthe operator, in uncontrolled airspace, and will occur at least 5 nm away from an airport reference point. Moreover, UpscaleAerial's Operations Manuals incorporate redundant safeguards to assure the aircraft does not travel outside the controlled area ofUAS operations, including GPS "geo-fencing" technologies.U.S Department ofTransportation December 25, 2015 Page4

### A. Aerial Videography, Photography, Cinematography and Inspection UpscaleAerial seeks to use small BD-UAS for the purpose ofconducting aerial photography, videography and inspection for the real estate industry. UpscaleAerial has purposefullytailored its operations to meet the requirements established by the FAAinprior grants ofexemption authorizing commercial use ofUAS in the real estate industry, including:

• Trudeau, Realtor® (ExemptionNo. 11138) • Alon Sicherman (Exemption No. 11728) • Sokoler Medly (ExemptionNo. 11341) • Raven Executive (ExemptionNo. 12639) All UAS photography, videography and inspection operations will occur onprivate property or approved location in a controlled area away from spectators and persons not involved inthe recording process. In addition, the filming will be conducted between dawn and dusk to ensure maximum safety for the public and those involved inthe manipulation and operation ofthe UAS; VFR conditions, at altitudes below 400' above ground level ("AGL"). As set forth below, UpscaleAerial's operations provide an equivalent level ofsafety which is superior to performing the same work using conventional fixed-wing aircraft orhelicopters. Small UAS video production is also saferthan traditional manned aircraft performing the same function. Videographer-inspectors also frequently need to climb rooftops, trees, ladders or otherwise perform elevated work, which exposes them to the risk ofdangerous falls, electrocution or other work related injuries. In addition, depending onthe nature ofthe video needed and inspection, proximityto equipment, and othermechanical hazards associated with industrial sites and construction facilities often involves a risk ofexposure to hazardous conditions. The use ofBD-UAS mitigates these hazards and is ultimately a much safer and cost efficient method ofperforming these and most othertypes ofinspections. Moreover, conventional operations using rotorcraft and fixed-wing aircraft in low level operations present risks associated with vehicles weighing tens ofthousands ofpounds (including payload) and carrying large amounts offuel which inherentlypresents significant fire hazards as well as exposure to other chemical contaminates. Itis importantto note the use of small UAS in this area will not onlybe safer and more cost effective to the perspective user or purchaser ofthe service, butthe quality and expanse ofacquired information will be far more robust given the low cost associated with its acquisition and otherpotential consumers an inexpensive product. UAS video production is more reliable, and allows for the collection, dissemination, and storage ofvisual and other sensory data with greaterprecision and duration at a very low cost. Small UASs will also be capable ofaccessing and inspecting areas that would otherwise be inaccessible orhighly dangerous using conventional aircraft or other inspection methods. 

### III. RELEVANT STATUTORYAUTHORITY This Petition for Exemption is submitted pursuantto Section 333(a) through (c) ofthe FAAModernization and ReformAct of2012 ("ReformAct"). Congress has directed the FAAU.S Department ofTransportation December 25, 2015 Page5 "to safely accelerate the integration ofcivil unmanned aircraft systems into the national airspace system." Pursuantto Section 333 ofthe ReformAct, the FAAAdministrator is to permit unmanned aircraft systems to operate inthe National Airspace Systems ("NAS") where it is safe to do so based onthe following considerations:

• The UAS's size, weight, speed and operational capability; • Operation ofthe UAS in close proximity to airports andpopulated areas; and • Operation ofthe UAS within the visual line ofsight ofthe operator. Additionally, the FAAAdministrator has general authority to grant exemptions from the agency's safetyregulations and minimum standards when the Administrator decides a requested exemption is in the public interest. See 49 U.S.C. § 106(f) (defining the authority ofthe Administrator); 49 U.S.C. § 44701(f) (permitting exemptions from§§ 44701(a), (b) and § § 44702

- 44716, et seq.). A party requesting an exemption must explainthe reasons whythe exemption: (1) would benefit the public as a whole, and (2) would not adversely affect safety (or how it would provide a level ofsafety at least equal to the existing rules). See 14 C.F.R. § 11.81 (petitions for exemption). 

### IV. UPSCALEAERIAL'S PROPOSED BD-UAS OPERATIONS MEET THE REQUIREMENTS OF SECTION 333 OF THE REFORMACT The small BD-UAS operations proposed byUpscaleAerial as noted above inthis Petition for Exemption qualify for expedited approval pursuant to Section 333 ofthe ReformAct as each of the statutory criteria and relevant factors are satisfied. A. Approval is Warranted Based on the 

### VAS's Size, Weight, Speed, and Operational Capability A Grant ofExemption is appropriate for operations conducted using the UASs due to their size weight, speed, and operational capability.

• The BD-UAS utilized by UpscaleAerial has been approved for use inprior Section 333 Grants ofExemptionfrom the FAA. 2

• The BD-UAS weighs less than 55 pounds, including payload

• The BD-UAS will not be flown at a ground speed in excess of50 knots. The exemptionholder mayuse either groundspeed or calibrated airspeed to determine compliance withthe 50 knot speed restriction.

• Altitude information will be generated by equipment onboard the UAS as specified using GPS triangulation, digitally encoded barometric altimeter, radio '

2 See e.g., Grant ofExemption to Trudeau, Realtor® (Exemption No. 11138); Grant ofExemption to Alon Sicherman (Exemption No. 11728); Grant ofExemption to Sokoler Medly (Exemption No. 11341).U.S Department ofTransportation December25, 2015 Page6 altimeter, or any combinationthereof. This information will be transmitted to the pilot viatelemetric data feed.

• The BD-UAS will have system redundancies and independent functionality to ensure the overall safety and predictability ofthe system. Ifconnection to the remote control or ground control station is lost, failsafe systems will permit the UASs to return to a predetermined location and safely land without injury or damage.

• The radio frequencies used for operations and control ofthe BD-UAS comply withthe Federal Communications Commission ("FCC") and other appropriate government oversight agency requirements. The operating frequency for the BD-UAS is 2.4 GHz frequency bands. Ifthe same operations were conducted using a helicopter, the aircraft's take-offweight would likely exceed 6,000 pounds depending on payload. The difference inweight betweenthe BDUAS and a helicopter significantly reduces the potential harm to the participating and nonparticipating individuals and/or surrounding property inthe event ofanunintended accident or incident. In addition, the risk to the onboardpilot and camera operator is eliminated. B. Approval is Warranted Based on the Operational Restrictions Set Forth in UpscaleAerial's Operations Manuals UpscaleAerial's Operations Manuals and the Manufacturer's Manual for the selected BD-UAS will contain all the procedures and limitations necessary to safely and successfully performthe operations specified inthis Petition for Exemption. To assist the FAAin making a safety assessment ofUpscaleAerial's proposed operations, below is a summary ofoperational limitations and conditions that UpscaleAerial will adhere to, and whichwill ensure an equivalent orhigher level ofsafetyto operations conducted under current regulatory guidelines: 1. The BD-UAS weighs less than 55 pounds, withpayload. 2. All operations shall be conducted overprivate or controlled-access property with verifiable permissionfrom the land owner/controller or authorizedrepresentative. Permission from land owner/controller or authorized representative will be obtained for each scheduled flight priorto operation. 3. All UASs operated under the Grant ofExemption will be identified by serial number, registered in accordance with 14 CFRpart 47, and have identification (N-Number) markings in accordance with 14 CFRpart 45, Subpart C. Markings will be as large as practicable. 4. Minimum crewfor each flight operation will consist ofa pilot, who will be Pilot-in Command ("PIC") ofthe BD-UAS, and one or more Visual Observers ("Observer") as necessary to safely conductthe mission. 5. PICs shall possess either a private, recreational, or sportpilot certificate. The PIC must also hold a current FAA airman medical certificate or a valid U.S. driver's license issued by a state, the District ofColumbia, Puerto Rico, a territory, aU.S Department ofTransportation December 25,2015 Page7 possession, or the Federal government. The PIC will also meetthe flight review requirements specified in 14 C.F.R 61.56 in an aircraft in whichthe PIC is rated on his or herpilot certificate. 6. The BD-UAS shall be operated withinVLOS ofthe PIC and Observer at all times. The PIC must use human vision unaided by any device otherthan corrective lenses, as specified onthe PIC's FAA-issued medical certificate. 7. The PIC and Observer designated for any operation will be able to communicate verbally at all times. 8. Electronic messaging or texting will notbe permitted during flight operations. 9. The additional requirements identified in the Grant ofExemption shall be added to the UpscaleAerial's Operations Manuals. The Operations Manuals will be maintained and made available to theAdministrator uponrequest. Ifa discrepancy exists betweenthe conditions and limitations inthe Grant ofExemption and Upscale Aerial's Operations Manuals, the conditions and limitations in the Grant of Exemption shall take precedence and mustbe followed. Otherwise, UpscaleAerial shall follow the procedures outlined in their Operations Manuals. 10. UpscaleAerial may update orrevise its Operations Manuals. Revisions will be tracked and a revised copy ofthe Manual will be provided to theAdministrator upon request. UpscaleAerial will also present an updated and revised Operations Manuals ifit petitions for extension or amendment to its Grant ofExemption. Ifan update or revision would affect the basis upon which the FAA grants the exemption, Upscale Aerial will seek an amendment to its Grant ofExemption. UpscaleAerial will contact the FAA's UAS Integration Office (AFS-80) ifquestions arise regarding updates or revisions to the operating documents. 11. Upscale Aerial Operations Manuals and its Grant ofExemption will be available to the PIC at the ground control station anytime the BD-UAS is operating. 12. The PIC is prohibited from beginning a BD-UAS flight unless (considering wind and forecast weather conditions) there is enoughpower to fly to the first intended point of landing, and assuming normal cruising speed, to fly after that for at least 10 minutes. 13. Maximumtotal flight time for each operational flight using the BD-UAS will be limited to 40 minutes orthe amount oftime the UAS can be flown and still maintain a reserve batterypower ofno less than 25%, whichever occurs first. 14. Flights will be operated at an altitude ofno more than400 feet AGL and will never enter navigable controlled airspace without timely prior written authorization and approval from the FAA. Inthe event the structure being inspected exceeds 400 feet AGL, the UAS will not be operated more than 100 feet above the highest point onthe structure, and no more than 50 feet horizontally from the structure.U.S Department ofTransportation December 25,2015 Page 8 15. Flight operations mustbe conducted at least 500 feet from all nonparticipating persons. (persons otherthanthe PIC, VO, operator trainees or essential persons), vessels, vehicles, and structures unless:

a. Barriers or structures are present that sufficiently protect nonparticipating persons from the UAand/or debris in the event ofan accident. The operator must ensure that nonparticipating persons remain under such protection. Ifa situation arises where nonparticipating persons leave suchprotection and are within 500 feet ofthe UA, flight operations must cease immediately and/or; b. The aircraft is operated near vessels, vehicles or structures where the owner/controller ofsuch vessels, vehicles or structures has grantedpermission and the PIC has made a safety assessment ofthe risk ofoperating closerto those objects and determined that it does notpresent anundue hazard, and;

c. Operations nearer to the PIC, VO, operatortrainees or essential persons do not present an undue hazard to those persons per §91.119(a). 16. The BD-UAS may not be operated less than 500 feet below orless than 2,000 feet horizontally from a cloud orwhen visibility is less than 3 statute miles from the PIC. 17. The BD-UAS may not operate within 5 nm ofan airport reference point as denoted on a current FAA-published aeronautical chart unless a letter ofagreement withthat airport's management is obtained, and the operation is conducted in accordance with a NOTAM as required bythe FAA. The letter ofagreement with the airport management will be made available to the Administratorupon request. 18. Priorto each flight the PIC shall inspect the BD-UAS to confirm that it is in a condition safe for flight. The pre-flight inspection will account for all discrepancies, e.g. inoperable components, items, or equipment, not already covered inthe relevant sections ofthe operating documents as well as equipment updates. The PIC shall not operate any BD-UAS ifthe inspectionreveals a conditionthat affects the safe operation ofthe BD-UAS until the necessary maintenance has beenperformed and the BD-UAS is found to be in a condition for safe flight. The ground control station shall be included inthe preflight inspection. All maintenance and alternations must be properly documented inthe UAS's records as required by UpscaleAerial's Operations Manuals. 19. UpscaleAerial will timely carry out its maintenance, inspections, and record keeping requirements in accordance with the Operations Manuals. Maintenance, inspection, and alterations will be fully noted in the BD-UAS records, including total time in service, description ofwork accomplished, date completed and the signature ofthe authorized personreturning the BD-UAS to service. 20. Any BD-UAS that has undergone maintenance or alterations that affect the UAS operation or flight characteristics (e.g., replacement ofa flight critical component) musttimely undergo a functional test flight in accordance with Upscale Aerial's Operations Manuals. The PIC who conducts the functional test flight mustmake anU.S Department ofTransportation December 25, 2015 Page9 entry inthe UAS aircraft records ofthe flight. The requirements and procedures for a functional test flight and BD-UAS record entry shall be included in the Upscale Aerial's Operations Manuals. 21. The BD-UAS will be operated and maintained according to the Manufacturer's Manuals and any required manufacturer Safety/Service Bulletins and productupdates. 22. Priorto the operation, a Mission Packet will be created in accordance withthe requirements on Upscale Aerial's Operations Manuals. 23. UpscaleAerial will obtain anAirTraffic Organization ("ATO") issued Certificate of Waiver orAuthorization, otherwise known as a COA, priorto conducting any operations under this Grant ofExemption. ANOTAM will be issued as required by the COA. All operations will be conducted in accordance with airspace requirements intheATO issued COAincluding class ofairspace, altitude level and potential transponder requirements. 24. All required permissions and permits will be obtained from territorial, state, county or cityjurisdictions, including local law enforcement, fire or other appropriate governmental agencies. 25. Ifthe BD-UAS loses communication with the PIC, it will have the capabilityto safely return to a pre-determined location within the operational area and land safely. 26. Contingency plans will be in place to safely terminate flight ifthere is a loss of communicationbetween the PIC and the Observer. 27. The BD-UAS will have the capability to safely abort flight inthe case ofunpredicted obstacles or emergencies. 28. PICs and Observers will have at least a current Class III Medical Certificate or a valid and current state driver's license issued within the United States. 29. Priorto conducting operations for filming, the PIC will have accumulated and logged, in a manner consistent with 14 CFR § 61.51(b), a minimum of200 flight cycles and 25 hours total time as a UAS rotorcraft pilot and at least 10 hours logged as a UAS pilot with a similar BD-UAS type platform. This requirement can be achieved by flights conducted and logged as a hobbyist. 30. Priorto conducting operations for filming, the PIC will have accumulated and logged, in a manner consistent with 14 CFR 

### § 61.51(b), a minimum ofhours pursuant to 54 CFR § 61.51(b) as UAS pilot operating the make and model ofBD-UAS to be utilized for operations under the exemption and three take-offs and three landing in the preceding 90 days.U.S Department ofTransportation December 25,2015 Page 10 31. Operations shall occur during daytime VFRMeteorological Conditions; flights under special visual flight rules ("SVFR") shall notbe conducted. 32. The BD-UAS shall remain clear and yield the right ofway to all other manned operations and activities at all times (including, but not limited to, ultralight vehicles, parachute activities, parasailing activities, hang gliders, etc.). 33. BD-UAS Operations under Instrument Flight Rules, at night, orbeyond VLOS are prohibited. 34. The UAS will not be operated from an elevatedplatform unless designed and engineered specifically for suchpurposes and be in compliance withthe general restrictions imposed bythe applicable regulations. Additionally no PIC will provide any film-flight operations while in motion from atop any elevatedplatform vehicle or device. 35. Before conducting operations, the radio frequency spectrum used for operation and control ofthe BD-UAS will comply withthe Federal Communications Commission (FCC) or other appropriate government oversight agency requirements. 

### V. REGULATIONS FROM WHICH EXEMPTION IS REQUESTED The FederalAviationAct expressly grants the FAAthe authority to issue exemptions. This statutory authority, by its terms, includes exempting civil aircraft, as the term is defined under § 40101 ofthe Act, including UASs, from its safety regulations and minimum standards when the Administrator decides a requested exemption is inthe public interest.3 UpscaleAerial seeks an exemption from several interrelated provisions ofTitle 14 ofthe Code of Federal Regulations ("14 C.F.R") Parts 21, 45, 61 and 91 for purposes ofconducting the requested operations using BD-UAS platforms noted above. Listed below are: (1) the specific sections of 14 C.F.R for which exemption is sought, and (2) the operating procedures and safeguards that Petitionerhas established which will ensure a level ofsafety betterthan or equal to the rules from which exemption is sought.4 

### UNMANNEDAIRCRAFT SYSTEM A. 14 C.F.R. Part 21, Subpart H -Airworthiness Certificates and 14 C.F.R. §91.203(a)(l) The FAAhas stated that no exemption is needed from this section ifa finding is made under the ReformAct that the UAS selectedprovides an equivalent level ofsafety when compared to

3 49 U.S.C. §44701(f) (authorizing the grant ofexemptions from requirements ofregulations prescribed pursuant to Sections 44701(a) and (b) and Sections 44702- 44716). 4 14 C.F.R § 11.81(e), which requires a petition for exemption to include: The reasons why granting the exemption would not adversely affect safety, orhow the exemption would provide a level ofsafety at least equal to that providedbythe rule from which you seek exemption.U.S Department ofTransportation December 25, 2015 Page 11 aircraft normally used for the same application. These criteria are met and in point offact exceeded, and therefore no exemption is needed. 5 If, however, the FAAdetermines that there are some characteristics ofthe chosen UAS that fail to meetthe requirements ofthe ReformAct, an exemption is requested. EquivalentLevelof Safety UpscaleAerial's use ofthe BD-UAS is safe when taking into account its size, weight, speed, and operational capability. As set forth in the description ofproposed operations in Section IV(A), the BD-UAS weighs less than 55 pounds, including payload and will not be flown at a ground speed in excess of50 knots. The BD-UAS is also equipped with safety features which will allow Petitionerto operate the BD-UAS safely after experiencing certain in-flight contingencies or failures as noted below. 6 7 Additionally, the BD-UAS carries neitherpilots norpassengers, carries no explosive materials or flammable liquid fuels, or other elements identified by Homeland Security as being prohibitive and operate exclusively withinthe parameters stated in UpscaleAerial's Operations Manuals. Operations conducted under this exemption will be closely controlled and monitored bythe PIC operator and will be conducted in compliance with local public safety requirements, to provide security for the area ofoperation. UpscaleAerial will also provide the FAAwith advance notice ofall operations viaNOTAMs as required by the applicable COA. In all cases, operation ofthe BD-UAS under the proposed conditions will be at least as safe as, or safer than, conventional rotorcraft operating with an airworthiness certificate. Lastly, the BD-UASs do not need a means to communicate with other aircraft orATC, because those capabilities will be solelypossessed by

5 See Grant ofExemption No. 11062 to Astraeus Aerial (FAA-2014-0352 at pgs. 13-14, 22). 6 See e.g., Grant ofExemption No. 11184 to Low Country RC, Corp. (FAA-2014-0803 at pg. 3): "The [DJI S1000] has the capability to operate safely after experiencing certain in-flight contingencies orfailures and uses an autopilot system to maintain UAS stability and control. The UAS is also able to respond to a loss ofglobal positioning system (GPS) or a lost-link event with a pre-coordinated, predictable, automated flight maneuver, and manual flight control functionality as a backup. These safety features provide an equivalent level ofsafety comparedto a manned aircraft performing a similar operation."

7 See e.g., Grant ofExemption No. 11184 to VDOS Global, LLC. (FAA-2014-0382 at pgs. 4-5): "The EP-UAS can be operated entirely by a touch-screen, map-based interface. This means the operator only needs to command the system where to go, and the system does all the flying for the operator. The EP-UAS canbe operated inboth semi and fully autonomous flight modes, with the operator simply clicking on a map to create a pre-planned flight path for a flight. In addition, the operator can create no fly zones ormaximum flight ranges and altitudes so the system cannot enter areas deemed unsafe orunnecessary to fly over. The petitioner states further that the UAS has built-in intelligent fault handling which allows the EP-UAS to detect a system fault while in the air and automatically fly backto its takeofflocation and land. Faults that can be detected include: loss ofcommunication; exceeding pre-set wind thresholds; and low battery levels." All flight operations are global positioning system (GPS) controlled, making the system easy to navigate. Atany point ifthe operator is not explicitly commanding the system to move, the system automatically holds its GPS position. The flight control system employs not only GPS positioningbut a variety ofsensors including sonar, barometric pressure, temperature, wind speed and others to ensure stability so long as wind thresholds are not exceeded. Also a flight termination link- to prevent a 'fly away' or otherpotentially dangerous situation

- is available to the operator."U.S Department ofTransportation December25, 2015 Page 12 the PIC and Observer, who are not onboardthe BD-UAS. 8 Inaddition, no sense-and-avoid technology is necessary for the BD-UASs because they will be operated at all times inVFR conditions and within VLOS ofthe PIC and Operator. 9 

### B. 14 C.F.R. Part27Airworthiness Standards: Normal Category Rotorcraft Title 14 C.P.R. Part 27 sets forth the procedural requirements for airworthiness certification of normal category rotorcraft. To the extentthat UpscaleAerial's small BD-UAS would otherwise require certification under Part 27, Petitioner seeks an exemption from Part 27's airworthiness standards for the same reasons identified in the request for exemption from 14 C.P.R. R. Part 21, Subpart H, 

### supra. C. 14 C.F.R. §§ 91.9(c), 45.23(b) and 45.27(a): Aircraft Marking and Identification Requirements Upscale Aerial seeks an exemption from the aircraft marking and identification requirements contained in 14 C.P.R.§§ 91.9(c), 45.23(b) and 45.27(a).

• 14 C.P.R.§ 91.9(c), CivilAircraft Flight Manual, Marking and Placard requirements, provides that: No person may operate a U.S.-registered civil aircraft unless that aircraft is identified in accordance with Part 45 ofthis chapter.

• 14 C.P.R. 

### §45.23(b), Markings oftheAircraft, states: When marks include only the Roman capital letter "N" and the registration number is displayed onlimited, restricted orlight-sport category aircraft orexperimental orprovisionally certificated aircraft, the operator must also display onthat aircraft near each entrance to the cabin, cockpit, or pilot station, in letters not less than 2 inches nor more than 6 inches high, the words "limited," "restricted," "light-sport, "experimental," or "provisional," as applicable.

• 14 C.P.R.§ 45.27(a), Rotorcraft, states: Each operator ofa rotorcraft must display onthat rotorcraft horizontally onboth surfaces ofthe cabin, fuselage, boom, ortail the marks required by 

### §45.23. In a previous Grant ofExemption, the FAAdetermined that exemption from these requirements was warrantedprovided that the aircraft "have identification (N-Number) markings in

8 See Grant ofExemption No. 11062 to Astraeus Aerial (FAA-2014-0352 at pg. 13).

9 • IdU.S Department ofTransportation December 25, 2015 Page 13 accordance with 14 C.F.R Part 45, Subpart C ifthe markings are as large as practicable." 10 EquivalentLevelof Safety All BD-UAS flown by Upscale Aerial will bearN-numbermarkings that are as large as practicable in accordance with 14 C.F.R. Part 45, Subpart C. 11 D. 14 C.F.R. § 91.405(a), 91.407(a)(l), 91.409(a)(l) and (2); 91.417(a) and (b): Maintenance Inspections Upscale Aerial seeks an exemption from the maintenance inspection requirements contained in 14 C.F.R. 

### § 91.405(a), 91.407(a)(l), 91.409(a)(2); 91.417(a) and (b). These regulations specify maintenance and inspection standards in reference to 14 C.F.R. Part 43. See, e.g., 14 C.F.R. 

### § 91.405(a) (stating that each owner or operator ofan aircraft "[s]hall have the aircraft inspected as prescribed in subpart E ofthis part and shall betweenrequired inspections

...have discrepancies repaired as prescribed in part 43 ofthis chapter"). An exemption from these regulations is needed because Part43 andthese sections only apply to aircraft with an airworthiness certificate, which the UASplatforms to be operatedunder this grant of exemption will not have. (Emphasis added) EquivalentLevelof Safety An equivalent level ofsafety will be achieved or exceeded because maintenance and inspections will be timely performed in accordance with the Manufacturer's Manual and any required manufacturer Safety or Service Bulletins. Further, as required by UpscaleAerial's Operations Manuals, the PIC will conduct a pre-flight inspection ofthe BD-UAS and all associated equipmentto account for all discrepancies and/or inoperable components. Maintenance will be performed and verified to address any conditions potentially affecting safe operation ofthe BDUASs and no flights will occurunless, and until, all flight critical components ofthe BD-UAS have been found to be airworthy and in a condition safe for operation. A functional test flight will be conducted following the replacement ofany flight-critical components. As required by UpscaleAerial's Operations Manuals, the PIC who conducts the functional test flight will make an entry in the BD-UAS aircraft records ofthe flight. UpscaleAerial's Operations Manual also includes requirements to follow the manufacturer's UAS aircraft/component, maintenance, overhaul, replacement, inspection, and life limit requirements for the following applicable components: powertrain system (powerplant), propellers, avionics and control surfaces (including ailerons/elevons), structures & airframe, camera system, electrical systems (including batteries), ground control station, hazard accessories, and spare parts. Further, UpscaleAerial's Operations Manuals also include procedures to document and maintain a record ofthe BD-UAS'smaintenance, preventative maintenance, alterations, status ofreplacement/overhaul componentparts, and the total time in service ofthe BD-UAS used under this Grant ofExemption. As a whole, the maintenance and inspectionprocedures required in UpscaleAerial's Operations Manuals ensure that an equivalent orhigher level ofsafety will be achieved.

1

# °FAA DocketNo. FAA-2014-0352 II See, e.g., FAA DocketNo. FAA-2014-0352, at 14.U.S Department ofTransportation December 25, 2015 Page 14 PILOT-IN-COMMAND OFTHE VAS 

### E. 14 C.F.R. § 61.113: Private Pilot Privileges and Limitations UpscaleAerial seeks exemption from 14 CFR § 61.113, whichrestricts private pilot certificate holders from flying aircraft for compensation orhire, and would also require a second class medical certificate. The purpose ofPart 61 is to ensure thatthe skill and competency ofany PIC matches the airspace in whichthe PIC will be operating, as well as requiring certifications ifthe private pilot is carrying passengers or cargo for hire. In this case, while the BD-UAS will be operated as part ofa commercial operation, they carry neither passengers nor cargo. Inthe Grant ofExemptionto AstraeusAerial, the FAA determined that the unique characteristics ofUAS operation outside ofcontrolled airspace did not warrant the additional cost and restrictions attendant withrequiring the PIC to have a Commercial Pilot Certificate and Class II Medical Certificate. 12 The fulfillment ofthe additional requirements for a private pilotto become qualified as a commercial pilot would not lead to any additional safety benefits whenUAS operations are involved. EquivalentLevelof Safety The restrictions UpscaleAerial has placed on its BD-UAS operations meet or exceed the restrictions similarly imposed onAstraeusAerial. UpscaleAerial will operate onprivate property away from persons and propertynot involved inthe operation. UpscaleAerial will also obtain anATO issued COApriorto conducting any operations under this Grant ofExemption. All operations will be conducted in accordance with airspace requirements intheATO issued COA including class ofairspace, altitude level and potential transponder requirements. ANOT AM will also be issued as required bythe applicable COA. In addition to these flight restrictions, Upscale Aerial will further ensure safe operation by requiring that any PIC be thoroughly versed not only in airspace and communication issues pertaining to all aircraft operators but also in the unique aspects ofBD-UAS flight. As set forth inthe Operations Manuals, pilots will have experience not only in BD-UAS operations generally but have logged flight time in the specific make and model used for the operations before they are permitted to participate in commercial flights on behalfofUpscaleAerial. The pilot qualification, training, and currency requirements in the Operations Manuals ensure that Upscale Aerial pilots are competent andproficient in the BD-UAS they are operating. UpscaleAerial's training and qualificationrequirements are consistent with those contained inpriorFAA Section 333 Grants ofExemption, and will provide a higher level ofcompetency andproficiency for its pilots and will ensure at least an equivalent level ofsafety to the public. OPERATING PARAMETERS OFTHE VAS F. 14 C.F.R. § 91.7(a): CivilAircraftAirworthiness Inasmuch as there will be no airworthiness certificate issued for the UASs, UpscaleAerial seeks an exemption from 14 C.P.R.§ 91.7(a), which requires that a civil aircraft be in airworthy

12 Exemption No. 11062 (FAA DocketNo. FAA-2014-0352).U.S Department ofTransportation December25, 2015 Page 15 conditionto be operated. The FAAhas statedthatno exemption is required for 14 C.F.R. § 91.7(a) to the extent thatthe requirements ofPart 21 are waived orfound inapplicable. 13 Accordingly, Petitioner requests that the requirements for§ 91.7(a) betreated in accordance with SectionV(A), supra. G. 14 C.F.R. 

### § 91.9(b)(2): CivilAircraft Flight Manual in theAircraft and 14 C.F.R. 

### § 91.203(a) and (b): Carrying CivilAircraft Certification and Registration Title 14 C.F.R. § 91.9(b) (2) and§ 91.203(a) and (b) require the operatorto carry airworthiness documents and other aircraft manuals onboard the aircraft. Pursuantto 14 C.F.R. § 91.9(b) (2): (b) No person may operate a U.S.-registered civil aircraft- (2) Forwhich anAirplane or Rotorcraft Flight Manual is required by § 21.5 ofthis chapter, unless there is available inthe aircraft a current approvedAirplane or Rotorcraft Flight Manual, approved manual material, markings, and placards, or any combination thereof. Pursuant to 14 C.F.R. § 91.203(a) and (b): (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 atthe cabin or cockpit entrance so that itis legible to passengers or crew. Giventhe small size and configuration ofthe BD-UAS, it would be impossible to keep airworthiness documents and other aircraft manuals onboardthe BD-UAS because there is simplyno room andthe BD-UAS has no cabin or cockpit. As a way to comply withthe code UpscaleAerial will maintainthe documents withthe PIC and make them available for inspection. EquivalentLevelof Safety In an FAA Office ofChiefCounsel's Opinion datedAugust 8, 2014, and prepared by Dean E. Griffith,Attorney, AGC-220, it was acknowledgedthat the intent of 14 C.F.R. 91.9(b) and 91.203(a) and (b) is met ifthe pilot ofthe unmanned aircrafthas access to the UAS flight manual, registration certificate, and other required documents from the ground control station from whichhe or she is operating the aircraft. 14 As this FAA Office ofChiefCounsel Opinion 13 See Id. at 13-14,22.

14 Memorandum from Mark Bury, FAAAssistant ChiefCounsel for International Law, Legislation and Regulation, to John Duncan, FAAFlight Standards Service (Aug. 8, 2014); see also DocketNo. FAA-2014-0352 at 16-18.U.S Department ofTransportation December 25, 2015 Page 16 clarifies, the intent ofthe rule is to ensure the pilot has access to these key documents during flight. Therefore, an equivalent level ofsafety will be achieved by ensuring thatthe pilot has access to the documents at the ground control station from which he or she is piloting the UAS. H. 14 C.F.R. § 91.103: PreflightAction UpscaleAerial seeks an exemption from 14 C.F.R. 

### § 91.103, whichrequires a PIC to become familiar with specific information before each flight, including information contained in the FAA-approved Flight Manual onboardthe aircraft. While the PIC will be familiar with all information necessary to safely conductthe flight, an exemption is requested to the extent that an FAA-approved Flight Manual is required. EquivalentLevelof Safety An equivalent level ofsafety will be provided by following the Upscale Aerial's Operations Manuals and the Manufacturer's Manual. The PIC will perform a series ofchecklists designed to identify any defects or inoperable components in accordance withthe UpscaleAerial's Operations Manuals, including checklists covering Pre-Flight, Launch, Landing, and Post-Flight procedures. The PIC will also be required to review weather, flight requirements, battery charge, landing and takeoffdistance, UAperformance data, and contingency landing areas-before initiation offlight. UpscaleAerial's Operations Manuals andthe Manufacturer's Manual will be kept at the ground control station and will be accessible to the PIC at all times while operating the UAS. I. 14 C.F.R. § 91.109(a): Flight Instruction UpscaleAerial seeks an exemption from 14 C.F.R. § 91.109(a), whichprovides inpertinentpart that "[n]o 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." UASs and remotely piloted aircraft, by their design, do nothave functional dual controls. Instead, flight control is accomplished through the use ofa device that communicates withthe aircraft viaradio communications. Accordingly, an exemption will be required for the flight instruction requirements of 14 C.F.R. 

### § 91.109(a). EquivalentLevelof Safety Given the size and speed ofthe UASs that UpscaleAerial intends to use, an equivalent level of safe training can still be performed without dual controls because no pilot orpassengers are aboard the UAS, and as required bythe UpscaleAerial's Operations Manuals, all persons will be a safe distance away in the event that the UAS experiences any difficulties during flight instruction. Moreover, as required by the Upscale Aerial's Operations Manuals, all flight training will be conducted in controlled and sterile environment. As a whole, the safety procedures provided for in Upscale Aerial's Operations Manuals ensure thatthe proposedUAS operations provide an equivalent or higher level ofsafetythanthat provided bythe flight instruction regulations.U.S Department ofTransportation December25, 2015 Page 17 J. 14 C.F.R. § 91.119(c): Minimum SafeAltitudes UpscaleAerial requests an exemption from the minimum safe altitude requirements of 14 C.P.R. § 91.119(c). 15 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.P.R. § 91.119(c). Section 91.119(d) allows for a helicopter to operate at less than those minimum altitudes when it can be operated "without hazardto persons orproperty onthe surface," provided that "eachperson operating the helicopter complies with any routes or altitudes specifically prescribed for helicopters by the FAA." An exemption is required because the proposed BD-UAS operation will normally need to occur below400 feet AGL. In circumstances where the BD-UAS is used to inspect a structure whose height exceeds 400 feetAGL, the BD-UAS will not be operated more than 100 feet above the highestpoint onthe structure, and within 50 feet horizontally ofthe structure. Additionally, due the nature ofthe proposed operations, the Pilot and/or Observers(s) may needto be less than 500 feet away from the BD-UAS. EquivalentLevelof Safety Comparedto flight operations with rotorcraft weighing far more thanthe maximum weights proposedherein, and giventhe lack offlammable fuel withthe above noted UASs, any risk associated with these operations is far less than those whichpresently exist with conventional aircraft. An equivalent level ofsafety will be achieved giventhe size, weight, and speed ofthe BD-UASs, as well as the controlled location where the operations will occur. In order to avoid any risk to manned aircraft, flight operations will be restricted to 400 feet AGL orbelow, or when inspecting a U.S. structure whose height exceeds 400 feetAGL, within 100 feet above the highestpoint onthat structure and 50 feet horizontally ofthe structure. As set forth in the Operations Manuals, the BD-UAS will be operated in a restricted area, and all flights will be operated at a lateral distance ofat least 500 feet from any nonparticipating persons, unless thatperson is in a position where he or she is shielded from the BD-UAS and any possible debris resulting from its failure. As required by the Operations Manuals, flights will be terminated ifa nonparticipating person within 500 feet ofthe BD-UAS leaves a shielded position. Further, its operations will occur at least 500 feet away from vehicles or structures unless the property owner/controllertimely has grantedpermission and the PIC has made a safety assessment ofthe risk ofoperating closerto those objects and, operations near the PIC or Observer will notpresent an undue hazard per § 91.119(a). Adherence to these restrictions in UpscaleAerial's Operations Manuals will ensure operations can be conducted without

15 Relieffrom§ 91.119(a) will notbe necessary because Petitioner will be able to perform an emergency landing without undue hazard to persons orproperty on the ground in the event ofa failure. Petitioner's proposedUAS operations will not occur over congested areas, and therefore an exemption from § 91.119(b) will notbe necessary. See e.g., Grant ofExemption No. 11157 to Slugwear, Inc., dba Like on a tree Aerial (FAA-2014-0534 at 15).U.S Department ofTransportation December 25, 2015 Page 18 compromising public safety. 16 

### K. 14 C.F.R. § 91.121: Altimeter Settings UpscaleAerial seeks an exemption from 14 C.F.R. 

### §91.121, which requires a person operating an aircraft to maintain cruising altitude orflight level by reference to an altimeter that is setto the elevation ofthe departure airport orbarometric pressure. An exemption is required to the extentthat the UASs do not have a barometric altimeter, but rather a GPS altitude read out. EquivalentLevelof Safety The FAAhas stated that an equivalent level ofsafety to the requirements of 14 C.F.R. §91.121 can be achieved in circumstances where: (1) the UASs will be operated below 400 feet AGL or below17

, (2) within VLOS, (3) where GPS based altitude information is relayed in real time to the operator at a ground-based on-screen display and, (4) where priorto each flight, a zero altitude initiation point is established for the PIC to confirm accuracy ofthe onboard GPS. 18 The BD-UAS that UpscaleAerial intends to use for the proposed operations will meet all these operational characteristics. Moreover, as required by UpscaleAerial's Operations Manuals, the PIC will be required to calibrate the aircraft's GPS compass priorto each flight operation. Like prior FAA Section 333 Grants ofExemption, the BD-UAS UpscaleAerial intends to use, and the safety mitigation procedures contained inthe Operations Manuals, both ensure that an equivalent level ofsafety or greater level will be achieved, and a Grant ofExemptionto the requirements of 

### § 191.121 is therefore appropriate. L. 

### 14 C.F.R. § 

### 91.151(a): Fuel Requirements for Flight in VFR Conditions Upscale Aerial requests an exemption from 14 C.F.R. §91.151(a)'s fuel requirements for flight in VFR conditions. Section 91.151 states: (a) No personmay 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 ofintended landing and, assuming normal cruising speed

-

16 See e.g., Grant ofExemption No. 11138 to Douglas Trudeau (FAA-2014-0481 at 19): "Ifbarriers or structures are present that can sufficiently protect nonparticipating persons from the UA or debris in the event ofan accident, then the UA may operate closer than 500 feet to persons afforded such protection. The operatormust also ensure that nonparticipating persons remain under such protection. Ifa situation arises where nonparticipating persons leave such protection and are within 500 feet ofthe UA, flight operations must cease immediately. When considering how to immediately cease operations, the primary concern is the safety ofthose nonparticipating persons. In addition, the FAA finds that operations may be conducted closer than 500 feet to vessels, vehicles and structures when the owner/controller ofany such vessels, vehicles or structures grants permission for the operation and the PIC makes a safety assessment ofthe risk ofoperating closer to those objects and determines that it does not present an undue hazard." 17 Ifthe height ofthe structure being inspected exceeds 400 feet AGL, the UAS will not be operated more than I00 feet above the highest point onthe structure. 18 See Grant ofExemption No. 11062 to Astraeus Aerial (FAA-2014-0352 at 21).U.S Department ofTransportation December 25, 2015 Page 19 (1) Duringthe day, to fly afterthat for at least 30 minutes; or (2) At night, to fly after that for at least 45 minutes. Here, the technological limitations on UAS battery powermeans that no meaningful flight operations can be conducted while still maintaining a 30-minute battery reserve. An exemption from the fuel requirements of 14 C.P.R. § 91.151(a) is therefore required. Moreover, it is not UpscaleAerial's intention to fly the BD-UASs at night. EquivalentLevelof Safety In the Grant ofExemptionto VDOS (ExemptionNo. 11112), the FAAdetermined that an equivalent level ofsafety to the fuel requirements for flight inVFR conditions could be achieved byprohibiting the PIC from beginning a BD-UAS flight unless (considering wind and forecast weather conditions) there was enoughpowerto fly to the first intended point oflanding and, assuming normal cruising speed, to fly after that for at least 10 minutes. Inreaching this conclusion, the FAAconsidered that the UAS batteries for the BD-UAS provide approximately 50 minutes ofpowered flight (withpayload) and provided battery level and batterytime remaining inminutes and seconds to the PIC. 19 The FAA also considered the fact the BD-UAS operating manual states: "start every flight with a fully charged battery in the aerial vehicle", and that in the event that the BD-UAS should run low onpower, the PIC will be alerted and can safely land the- BD-UAS as soon as possible. Like the VDOS Grant ofExemption, Upscale Aerial's use ofthe BD-UAS, combined with the requirements ofPetitioner's Operations Manuals, ensure that an equivalent level ofsafety can be achieved and in fact exceeded. Similarly, in the Grant ofExemptionto Alan Purwin (ExemptionNo. 11161), the FAA determined that an equivalent level ofsafety to the fuel requirements for flight inVFR conditions could be achieved byprohibiting the PIC from beginning a flight withthe UAunless (considering wind and forecast weather conditions), there was enoughpowerto safely fly at normal cruising speed to the intended landing point and land the UAwith 25% battery power remaining. UpscaleAerial will adhere to this limitation for its BD-UAS flights. The BD-UAS includes a low battery warning system and the amount ofbattery reserve power remaining is continuously transmitted to the PIC viatelemetric datafeed, which downlinks from the BD-UAS to a ground-based-on-screen display. 20 As required by Upscale Aerial's Operations Manuals, the PIC will promptly fly the BD-UAS backto the home launch location orpredetermined abort location where it may safely land, while still maintaining a minimum of25% reserve batterypower. UpscaleAerial submits that the procedures requiring flights to be safely terminated once the batteries fall below 25% capacity, combined withthe requirement that flights only be conducted within a secure, isolated area, using a UAS weighing less than 55 pounds, and within VLOS ofthe PIC and Observer(s), ensure that the proposed operationwill provide an 19

. Grant ofExemption No. 11112 to VDOS Global, LLC (FAA-2014-0382 at 10). 20

. The EP-UAS ground control station displays, the UASs position, navigation route, tail number, altitude, heading, north seeking arrow, range to targets, calculated target position, date/time, and sensorheading and orientation relative to the UAS.U.S Department ofTransportation December 25, 2015 Page 20 equivalent orhigher level ofsafety to the public to thatprovided by the regulations from which exemption is sought. 

### VI. DRUGAND ALCOHOL PROGRAM UpscaleAerial will have policies inplace to ensure that no person may participate in BD-UASs flight operations ifthey are underthe influence ofalcohol or any drug. 

### VII. PUBLIC INTEREST The public interest will be served by granting UpscaleAerial's Petition for Exemption. Congress has established a national policy that favors early integration ofUAS into the NAS in controlled, safe working environments such as those proposed inthis Petition. Granting this Petition for Exemption helps fulfill Congress' goal inpassing Section 333(a) through (c) ofthe Reform Act-the FAAAdministrator's assessment ofwhether certain UAS may operate safelyin the NAS before completion ofthe statutorily required rulemaking. The proposed BD-UAS operations inthis Petition for Exemption significantly improves the safety and reduces risk ofharm, physical injury and property damage to the public at large, the property owners from whompermission was granted for use by Petitioner and abutting properties, staffofPetitioner, unsuspecting passersby, inspecting engineers from relevant organizations and all those who may be in the local vicinity. Traditional methods ofinspecting and monitoring potential locations and relevant sites and facilities requires locationpersonnel to climb towers, trees, venture onto precarious roofs and otherdangerous scenarios, perform elevated work for which the individual is neithertrained nor equipped to perform, which exposes themto unnecessary risk ofserious physical injury from dangerous falls or other physical mishaps. Moreover, inspectors/surveyors are often unnecessarily exposed to hazardous conditions, unsafe environments, culturally tense situations and other hazards associated with identifying specific locations for potential recording sites to be used inthe end product. The use ofsmall UASs can eliminate these hazards and ultimately create a much safermethod of performingthese types ofinspections creating a safer environment for the public as well as Upscale Aerial employees. The use ofsmall UAS also enhances safety and reduces risk to the surroundingpublic because, unlike manned aircraft weighing thousands ofpounds, carrying crewin addition to flammable fuel, the UAS carry no passengers, crew or explosive fuel. Furthermore, inthe unlikely event of an accident, UpscaleAerial's small battery powered BD-UAS presents significantly less danger to persons on the ground when comparedto operations by conventional manned aircraft. 21 As Petitioner's BD-UAS are batterypowered, the public will also benefit from a reduction in harmful petroleum based emissions associated with conventional aircraftperforming in the same

21 See Grant ofExemption No. 11158 to Team 5, LLC (FAA-2014-0783 at 12): "Manned helicopters conducting aerial filming can weigh 6,000 pounds or more and are operated by an onboardpilot, in addition to other onboard crewmembers, as necessary. The petitioner's UAS will weigh less than 55 pounds with no onboardpilot or crew. The pilot and crew will be remotely located from the aircraft. The limited weight significantlyreduces the potential for harm to participating and nonparticipating individuals orproperty in the event ofan incident or accident. Risk to an onboard pilot and crew during an incident or accident is eliminated with the use ofa UAfor the aerial filming operation."U.S Department ofTransportation December 25, 2015 Page 21 functions proposedherein. Air quality will naturally be improved withthe reduction offuel powered vehicles. Lastly, as recognized by the FAAinprior Section 333 Grants ofExemptionto filmmakers, UASs provide an additional economic tool for the aerial filming notwithstanding the industry, adding a greater degree offlexibility, which supplements the current capabilities offered bymanned aircraft. 22 The quality ofthe finished product is enhanced and provides a greater finished product demand which will aid the current UAS industry and provide additionaljobs as the cost of providing the needed product is greatly reduced while reducing the difficulty with whichthe finished product is created. The·demand for the current industrial product is increasing and will continue to increase given the enhanced flexibility ofproduction; therefore, given the lower cost, owner/operators and others inthe relevant industry will be more inclined to utilize the services of commercial UAS along with an appropriate licensed PIC's. 

### VIII. PRIVACY All BD-UAS operations will be conducted in accordance with applicable federal, state, and local laws regarding privacy. All operations shall be conducted overprivate or controlled-access property with permission from the land owner/controller or authorized representative. Permission from land owner/controller or authorized representative will be obtained for each flight to be conducted. 

### IX. FEDERAL REGISTER SUMMARY Pursuant to 14 C.P.R. Part 11, the following summary is provided for publication inthe FEDERAL REGISTER, should itbe determined that publication is needed: Petitioner seeks an exemption from the following rules in Title 14 ofthe Code ofFederal Regulations: Part 21, Subpart H; Part 27; 45.23(b); 45.27(a); 61.113; 91.7(a); 91.9(b)(2); 91.9(c); 91.103; 91.109(a); 91.119(c); 91.121; 91.151(a); 91.203 (a) & (b); 91.405(a); 91.407(a)(l); 91.409(a)(1) & (2); 91.417 (a) & (b). The exemption will enhance safety byreducing risk to the aircraft crew, production crew, general public, property owners and city structures from the substantial hazards associated with performing equivalent film work and aerial video production with conventional fixed-wing aircraft, rotorcraft, or othermethods. 

### X. CONCLUSION UpscaleAerial's Petition for Exemption satisfies the criteria articulated in Section 333 ofthe ReformAct of2012 which includes weight; speed; operating capabilities; proximityto airports and populated areas; operation within VLOS and national security. The proposed BD-UAS operations will benefitthe public as a whole by improving safety and reducing risk by alleviating human exposure to danger while lowering the attendantrelated costs thereby increasingthe

22 See e.g., Grant ofExemption No. 11178 to Picture Factory, Inc. (FAA-2014-0794 at 18).U.S Department ofTransportation December 25, 2015 Page 22 demand for the finished product. In consideration ofthe foregoing, this Petition for Exemption provides the FAAwith more than adequatejustification for granting the requested exemptions allowing Upscale Aerial to use small BD-UAS s in the recorded production ofits product. We thankyou for your prompt consideration ofour requested exemptions. 

# Respectfui!U?

Dust Smi(///AA.A._ Benjamin Dean Upscale Aerial 61 Acme St. Rimersburg, PA 16248 Phone: 814.229.2486: Email: dustincdlsmith@gmail.com (The following attached items containproprietary and commercial information exempt from disclosure under the Freedom ofinformationAct, 5 U.S.C. 

### § 522 et seq., and should be held in a separate file pursuantto 14 C.P.R.§ 11.35(b)). Attachments: 1. General Operations Manual 2. PIC Operating Manual 3. Company Protocols 4. Location Protocols 5. Flight Communications Protocols 6. Departing Location Protocols 7. Transmitter Protocols 8. Preflight Checklist 9. Post Flight Checklist 10. Equipment Checklist 11. UAS Manufacturer's Manuals a. User Manuals b. UAS Maintenance Manuals

PETITIONERREQUESTS THAT GOOD CAUSE EXISTS TO EXEMPTANYPART OF THIS PETITION FROM BEING PUBLISHED IN THE FEDERAL REGISTER PUBLIC FORUM BECAUSE THE REQUESTED EXEMPTION WOULD NOT SETA PRECEDENT,ANDANYDELAY INACTING ON THIS PETITION WOULD BE DETRIMENTALTO THE PETITIONER.