UNITED STATES OF AMERICA

DEPARTMENT OF TRANSPORTATION

FEDERAL AVIATION ADMINISTRATION 

WASHINGTON, DC

PETITION FOR EXEMPTION OF: 

UP AERIAL MEDIA, LLC

FOR AN EXEMPTION SEEKING RELIEF FROM THE REQUIREMENTS OF 

TITLE 14 OF THE CODE OF FEDERAL REGULATIONS

SECTIONS 14 C.F.R 91.151(a)(1), 91.405(a), 91.407(a)(1), 91.409(a)(1) & (a)(2), AND 91.417(a) & (b) 

CONCERNING COMMERCIAL OPERATION OF THE 

DJI PHANTOM 2 AND S800 EVO UNMANNED AIRCRAFT SYSTEMS

PURSUANT TO SECTION 333 OF 

THE FAA MODERNIZATION AND REFORM ACT OF 2012 (PUBLIC LAW 112-95)

Federal Docket Number ____________

Submitted on 05 January 2015

Mr. Todd Chikasawa, CEO

Up Aerial Media, LLC

1235 Flynn Road

Camarillo, CA 93012

Tel. (805) 389-8900

Todd@upaerialmedia.com
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TABLE OF CONTENTS

GLOSSARY OF ABBREVIATIONS.................................................................................3 

SUMMARY.........................................................................................................................4 

INTRODUCTION AND INTERESTS OF PETITIONER .................................................4 

BACKGROUND .................................................................................................................5 

BASIS FOR PETITION ......................................................................................................6 

NAME AND ADDRESS OF PETITIONER............................................................7

THE SPECIFIC SECTIONS OF 14 C.F.R. FROM WHICH UP AERIAL MEDIA,

LLC SEEKS EXEMPTION ....................................................................................8

THE EXTENT OF RELIEF UP AERIAL MEDIA, INC. SEEKS AND THE 

REASON UP AERIAL MEDIA, LLC SEEKS THE RELIEF................................10

THE REASONS WHY GRANTING UP AERIAL MEDIA, INC.'S REQUEST

WOULD BE IN THE PUBLIC INTEREST...................................................11

THE REASONS WHY GRANTING THE EXEMPTION WOULD NOT 

ADVERSELY AFFECT SAFETY...........................................................................15

SUMMARY THAT CAN BE PUBLISHED IN THE FEDERAL REGISTER......33

ANY ADDITIONAL INFORMATION, VIEWS, OR ARGUMENTS AVAILABLE

TO SUPPORT UP AERIAL MEDIA, LLC’S REQUEST ......................................34

CONCLUSION.....................................................................................................................34

GLOSSARY OF ABBREVIATIONS
3

AGL Above Ground Level 

AOI Area of Interest

ATC Air Traffic Control 

ATO Air Traffic Organization 

AV Aerial Vehicle

C.F.R. Code of Federal Regulation

COA Certificate of Authorization

DJI DJI INC, Unmanned Aerial System manufacturer

FAA Federal Aviation Administration

FAR Federal Aviation Regulation

GCS Ground Control Station

LOL Loss of Link

NAS National Airspace System

NOTAM Notice to Airman

PIC Pilot In Command

Section 333 FAA Modernization and Reform Act of 2012 (FMRA) Section 333

SOP Standard Operating Procedures

UA Unmanned Aircraft

UAS Unmanned Aircraft System

VFR Visual Flight Rules

VLOS Visual Line of Site

VMC Visual Meteorological Conditions

VO Visual Observer

SUMMARY
4

Up Aerial Media, LLC seeks exemption from the requirements of 14 C.F.R §§ 91.151(a)(1), 91.405(a), 

91.407(a)(1), 91.409(a)(1) & (a)(2), and 91.417(a) & (b), to operate an Unmanned Aircraft System pursuant to 

Section 333 of the FAA Modernization and Reform Act of 2012 (FMRA). This exemption will permit Up 

Aerial Media, LLC to operate an Unmanned Aircraft System (UAS) for the commercial purpose of conducting 

aerial imagery over narrowly defined designated areas of the United States.

INTRODUCTION AND INTERESTS OF THE PETITIONER

Up Aerial Media, LLC (hereinafter referred to as “Up Aerial Media”) is an experienced, recognized 

veteran in the media and marketing production industry. Mr. Chikasawa and his previous marketing production 

companies have been media for over twenty-five (25) years. Mr. Chikasawa and Up Aerial Media have

developed a team of former military pilots with extensive military aviation and aerial remote sensing experience 

to include military tactical aircraft and Unmanned Aerial Vehicle (UAV) experience. He has had a wide range 

production service contracts with many entertainment multi-media conglomerates. Mr. Chikasawa intends to 

leverage the aviation expertise inherent within his company through UAS media production. Up Aerial Media is 

focused on providing solutions for utilizing unmanned aircraft to safely and efficiently collect digital imagery

for the arts and marketing clients.

Up Aerial Media has fully equipped each of its small unmanned aircraft for aerial photography and 

cinematography, primarily for use in the movie and television broadcast industry, though given their stability 

and maneuverability, they may be used for other cinematography or real estate marketing.

To date, Up Aerial Media has rejected all offers to work with film, television, commercial television 

production companies and directors on locations within the United States, to ensure it is in compliance with any 

applicable FARs. 

Approval of Up Aerial Media’s exemption request would permit its operation of lightweight, unmanned 
5

(remotely controlled in line of sight) UASs in tightly controlled and limited airspace. Predetermined, 

specifically marked areas of operation, cordoned off locations and corresponding enhancements to current 

safety controls will allow Up Aerial Media to operate within current safety parameters and new ones being 

implemented. As identified, similar lightweight, remote controlled UASs are legally operated by amateurs with 

no flight experience, flight safety training, flight safety plan or controls in place to prevent catastrophe. Up 

Aerial Media is utilizing advanced flight planning software to plan, evaluate and implement all aerial 

cinematography activities with a preflight safety and flight plan system. All flights will be conducted by 

Commercial Instrument-rated pilots with either U.S. Navy or U.S. Air Force flight backgrounds.

As set forth in this Petition, Up Aerial Media seeks to commercially operate its DJI UASs (Phantom 2 & 

S800 EVO) over specific areas of the United States for the purpose of conducting aerial imagery.

BACKGROUND

Up Aerial Media seeks an exemption to operate four to six rotor UASs for compensation or hire within 

the national airspace system (“NAS”). The commercially available UASs are comprised of unmanned aircraft 

(UA) and a transportable ground control station. Up Aerial Media UASs utilize from four to six counter-rotating 

propellers for extreme balance, control and stability. They each weigh less than 30 pounds, including cinematic 

or other equipment. The UAs have a maximum gross weight of less than nine (8.15) pounds, while having a 

span of 31.5 inches. The UAs are equipped with a Lithium Polymer battery powered electric motors.

Each of Up Aerial Media’s small unmanned aircraft are designed to primarily hover in place and operate 

at less than a 50 knot maximum speed. They are capable of vertical and horizontal operations but operate only 

within the line of sight of the remote control pilot. In addition to the remote control pilot, Up Aerial Media uses 

a spotter and a technician, such that, at minimum, three Up Aerial Media personnel govern the safe flight of an 

Up Aerial Media aircraft at all times. Up Aerial Media’s pilots hold a commercial instrument rating from the 
6

FAA and maintain a current FAA flight physical. The intent is to operate the UASs in a designated sterile area 

of less then 400 feet AGL and less than 1,300 feet laterally from the ground station. Extensive preflight 

planning will take place in order to deconflict UAS operations and any controlled airspace as well as all 

potential obstacles to flight (power lines, elevated lights, and populated areas).

The UAs that will be operated by Up Aerial Media will be registered in accordance with 49 U.S.C. 

44103, Registration of Aircraft, as well as 14 C.F.R Part 47, Aircraft Registration, and marked in accordance 

with 14 C.F.R. Part 45, Identification and Registration Marking if deemed appropriate by the FAA.

BASIS FOR PETITION

Petitioner, Up Aerial Media, LLC, pursuant to the provisions of the Federal Aviation Regulations (14 

C.F.R. § 11.61) and the FAA Modernization and Reform Act of 2012, Section 333, Special Rules for Certain 

Unmanned Aircraft Systems, hereby petitions the Administrator to operate the UAS in the national airspace 

system, and for an exemption from the requirements of 14 C.F.R §§ 91.151(a)(1), 91.405(a), 91.407(a)(1), 

91.409(a)(1) & (a)(2), and 91.417(a) & (b).

In consideration of the size, weight, speed, and limited operating area associated with the unmanned 

aircraft and its operation, Up Aerial Media’s operation of UASs meets the conditions of Section 333 and will 

not require an airworthiness certificate in accordance with 14 C.F.R. Part 21, Subpart H.

Therefore, Up Aerial Media requests relief from Sections 91.405(a), 91.407(a)(1), 91.409(a)(1) & (a)(2), 

91.417(a) & (b), as these sections set forth requirements for maintenance that only apply to aircraft with an 

airworthiness certificate.

Up Aerial Media submits that the requested relief is proper since an equivalent level of safety will be 
7

ensured. Up Aerial Media will use its technicians to perform unscheduled maintenance or preventive 

maintenance on the unmanned aircraft system using the methods, techniques, and practices prescribed in the 

manufacturer’s maintenance manual. The manufacturer of the UASs, DJI Inc., will perform all complex 

maintenance. Up Aerial Media will document and maintain all maintenance records for its UASs. Up Aerial 

Media will utilize an FAA compliant Safety Management System (SMS) for its maintenance an operations 

programs. 

Up Aerial Media also seeks an exemption from the requirements of Section 91.151(a)(1), Fuel 

requirements for flight in VFR conditions. Up Aerial Media submits that safety will not be affected by 

terminating flights of the battery powered UA after 45 minutes of continuous operation, with 10 minutes 

remaining battery power.

In accordance with 14 C.F.R. § 11.81, Up Aerial Media provides the following information in support of 

its petition for exemption: 

A. Name And Address Of The Petitioner.

The name and address of the Petitioner is:

Up Aerial Media, LLC

1235 Flynn Road

Suite 409

Camarillo, California 93012

The point of contact for this Petition and specific contact information is as follows:

Todd Chikasawa

Up Aerial Media, LLC

1235 Flynn Road, Suite 409

Camarillo, California 93012

Tel: (805) 389-8900

Email: Todd@upaerialmedia.com
8

B. The Specific Sections Of 14 C.F.R. From Which Up Aerial Media Seeks Exemption.

1. Up Aerial Media Seeks Exemption From The Requirements Of Section 91.151(a)(1). 

Section 91.151, entitled Fuel requirements for flight in VFR conditions, subsection (a)(1),

states the following:

(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[.]

2. Up Aerial Media Seeks Exemption From The Requirement Of Section 91.405(a).

Section 91.405, entitled Maintenance required, subsection (a), states the following: Each owner or 

operator of an aircraft—

(a) Shall have that aircraft inspected as prescribed in subpart E of this part and shall between required 

inspections, except as provided in paragraph (c) of this section, have discrepancies repaired as 

prescribed in part 43 of this chapter[.]

3. Up Aerial Media Seeks Exemption From The Requirements Of Section 91.407(a)(1).

Section 91.407, entitled Operation after maintenance, preventive maintenance, rebuilding, or alteration, 

subsection (a)(1), states the following:

(a) No person may operate any aircraft that has undergone maintenance, preventive maintenance, 

rebuilding, or alteration unless--

(1) It has been approved for return to service by a person authorized under § 43.7 of this chapter[.]

4. Up Aerial Media Seeks Exemption From The Requirements Of Sections 91.409(a)(1) And 

91.409(a)(2).

Section 91.409, entitled Inspections, subsection (a), states the following: 

(a) Except as provided in paragraph (c) of this section, no person may operate an aircraft unless, within 

the preceding 12 calendar months, it has had --

(1) An annual inspection in accordance with part 43 of this chapter and has been approved for return to 

service by a person authorized by § 43.7 of this chapter; or

(2) An inspection for the issuance of an airworthiness certificate in accordance with part 21 of this 

chapter.
9

5. Up Aerial Media Seeks Exemption From The Requirements Of Sections 91.417(a) And 

91.417(b).

Section 91.417, entitled Maintenance records, subsections (a) and (b), state the following:

(a) Except for work performed in accordance with §§ 91.411 and 91.413, each registered owner or 

operator shall keep the following records for the periods specified in paragraph (b) of this section:

(1) Records of the maintenance, preventive maintenance, and alteration and records of the 100-hour, 

annual, progressive, and other required or approved inspections, as appropriate, for each aircraft 

(including the airframe) and each engine, propeller, rotor, and appliance of an aircraft. The records must 

include--

(i) A description (or reference to data acceptable to the Administrator) of the work performed; and

(ii) The date of completion of the work performed; and

(iii) The signature, and certificate number of the person approving the aircraft for return to service.

(2) Records containing the following information: 

(i) The total time in service of the airframe, each engine, each propeller, and each rotor.

(ii) The current status of life-limited parts of each airframe, engine, propeller, rotor, and appliance.

(iii) The time since last overhaul of all items installed on the aircraft which are required to be overhauled 

on a specified time basis.

(iv) The current inspection status of the aircraft, including the time since the last inspection required by 

the inspection program under which the aircraft and its appliances are maintained.

(v) The current status of applicable airworthiness directives (AD) and safety directives including, for 

each, the method of compliance, the AD or safety directive number and revision date. If the AD or 

safety directive involves recurring action, the time and date when the next action is required.

(vi) Copies of the forms prescribed by § 43.9(d) of this chapter for each major alteration to the airframe 

and currently installed engines, rotors, propellers, and appliances.

(b) The owner or operator shall retain the following records for the periods prescribed:

(1) The records specified in paragraph (a)(1) of this section shall be retained until the work is 

repeated or superseded by other work or for 1 year after the work is performed.

(2) The records specified in paragraph (a)(2) of this section shall be retained and transferred with 

the aircraft at the time the aircraft is sold.

(3) A list of defects furnished to a registered owner or operator under § 43.11 of this chapter 

shall be retained until the defects are repaired and the aircraft is approved for return to service.
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C. The Extent Of Relief Up Aerial Media Seeks And The Reason Up Aerial Media Seeks The Relief.

1. Extent Of Relief Up Aerial Media Seeks And The Reason Up Aerial Media Seeks Relief 

From Section 91.151(a)(1).

Relief from Section 91.151(a)(1) is requested to the extent required to allow flights of the battery 

powered UA during daylight hours in visual flight rules (VFR) conditions to continue for a total duration 

of 20 minutes, with 10 minutes of battery power remaining. Up Aerial Media seeks the requested relief 

because without an exemption from Section 91.151(a)(1), the flight time duration of the battery powered 

UA will be reduced by one third, which would severely constrain the practicality of any aerial imagery

operations that Up Aerial Media proposes to conduct pursuant to this Petition.

Significantly, as set forth below, the technical specifications of the UAS, the Operations Manual, 

and Up Aerial Media’s proposed operating limitations, ensure that Up Aerial Media will safely operate 

the battery powered UA during daylight hours in VFR conditions for a total duration of 20 minutes, with 

10 minutes of battery power remaining.

2. Extent Of Relief Up Aerial Media Seeks And The Reason Up Aerial Media Seeks Relief 

From Sections 91.405(a), 91.407(a)(1), 91.409(a)(1) & (a)(2), and 91.417(a) & (b).

Since Sections 91.405(a), 91.407(a)(1), 91.409(a)(1) & (a)(2), and 91.417(a) & (b) only apply to 

aircraft with an airworthiness certificate, Up Aerial Media requests relief from these Sections because 

the planned UAS does not require an airworthiness certificate. As set forth more fully below, the UAS 

meets the conditions of Section 333 for operation without an airworthiness certificate. Accordingly, Up 

Aerial Media will use Up Aerial Media technicians to perform unscheduled maintenance or preventive 

maintenance on the unmanned aircraft system using the methods, techniques, and practices prescribed in 

the manufacturer’s maintenance manual. The manufacturer of the UASs, DJI Inc., will perform all 

complex maintenance. Furthermore, Up Aerial Media will document and maintain all maintenance 

records for the UAS within an FAA compliant Safety Management System (SMS).
11

D. The Reasons Why Granting Up Aerial Media’s Request Would Be In The Public Interest; That Is, 

How It Would Benefit The Public As A Whole.

Granting the present Petition will further the public interest by allowing Up Aerial Media to 

safely, efficiently, and economically perform commercial aerial imagery acquisitions, in support of 

media and marketing industries. Additionally, use of UASs will decrease congestion of the NAS, reduce 

pollution, and provide significant benefits to the economy. Notably, the benefits of the proposed 

operation of the Up Aerial Media UASs will be realized without implicating any privacy issues.

1. The Public Will Benefit from Progression of the Arts through Aerial Imagery.

Up Aerial Media submits this Petition to commercially operate its UASs and perform aerial 

imagery in support of the United States motion picture and television industries. Up Aerial Media will 

provide safe, efficient, and economical aerial imagery operations to further the motion picture and 

television industry, which are critical to the U.S. economy and the well being of the general public.

The specific operations that Up Aerial Media will perform demonstrate how the requested 

exemption will directly benefit the media and marketing industries and the public. Whether it is the 

amalgam of scientific discoveries applicable to feature film making (including those drawing upon 

architecture, physics, engineering and cultural inclusiveness) to advancements in publicly usable 

technologies or advancements in equipment available to law enforcement personnel/first responders that 

does not cost millions of dollars, granting Up Aerial Media exemption request substantially furthers the 

public's interest in ways known and currently unknown.

2. The Public Will Benefit From Decreased Congestion Of The NAS.

Up Aerial Media UASs battery powered and serves as a safe, efficient, and economical 

alternative to the manned aircraft traditionally utilized to obtain aerial imagery. By reducing the amount 

of manned aircraft needed to perform aerial acquisitions, an exemption allowing the use of a UAS would 
12

reduce the amount of manned aircraft in the NAS, reduce noise and air pollution, as well as increase the 

safety of life and property in the air and on the ground.

Furthermore, by reducing the number of manned aircraft operating in the NAS, congestion 

around airports caused by arriving and departing aircraft will be reduced. A UA does not require an 

airport to takeoff or land. Likewise, a reduction of manned aircraft conducting aerial survey missions 

would result in fewer aircraft that must be handled by air traffic control during the ground, takeoff, 

departure, arrival, and landing phases of flight operations.

3. The Public Will Benefit From The Safety And Efficiency Of A UAS.

Conducting aerial acquisitions with the an Up Aerial Media UAS, instead of manned aircraft, 

will greatly benefit the public by drastically reducing the levels of air and noise pollution generated 

during traditional aerial survey flight operations. By using battery power and an electric motor, an Up 

Aerial Media UAS produces no air pollution, and is the most viable environmentally conscious 

alternative to the cabin class, six cylinder internal combustion twin-engine aircraft that are typically 

utilized for aerial imagery, while burning approximately 20-30 gallons per hour of leaded aviation fuel. 

Lightweight UAS, while reducing the carbon footprint of aerial imagery, also eliminates noise pollution, 

as its battery powered electric motor is barely audible during the takeoff phase, and cannot be heard 

when operating more than 100 feet above ground level.

By using the a UAS to perform aerial imagery, the substantial risk to life and property in the air and on 

the ground, which is usually associated with traditional manned aircraft flight operations, will be 

substantially reduced or completely eliminated. Aside from the lack of aircrew members located 

onboard the aircraft, a lightweight UA (weighing approximately thirty (35) pounds at its maximum gross 

weight with a span of 31.5 inches, with no fuel on board), has less physical potential for collateral 
13

damage to life and property on the ground, and in the air, compared to the manned aircraft that typically

conduct aerial imagery (weighing approximately 2,950 pounds, 32 foot length and a fuel capacity of 128

gallons). Up Aerial Media UASs are battery powered and create no emissions. If an Up Aerial Media 

UAS crashes there is no fuel to ignite and explode. The impact of Up Aerial Media lightweight UASs is 

far less than a full size helicopter, notwithstanding the statistically noteworthy safety record of full size 

helicopters used in motion picture capture. The public's interest is furthered by minimizing ecological 

and crash impacts by permitting motion picture capture through Up Aerial Media lightweight UASs.

4. Performing Aerial Imagery Operations With The DJI UAS Will Benefit The 

Economy.

In addition to being safe and efficient, the Up Aerial Media UAS fleet is also an economical 

alternative to using manned aircraft to conduct aerial acquisitions. As such, operation of these UASs will 

allow United States based companies, like Up Aerial Media, to remain competitive and contribute to 

growth of the U.S. economy. Specifically, with the rising cost of aviation fuel and the Environmental 

Protection Agency (“EPA”) regulatory actions phasing out leaded fuels, U.S. owned and operated 

companies must adopt new and alternative technology in order to remain competitive. Operating the 

battery powered UASs is one such technology that not only allows companies greater operational 

flexibility compared to manned aircraft, but provides such flexibility without the high operational cost of 

a traditional manned aircraft.

By operating the lightweight UASs, companies such as Up Aerial Media can remain competitive 

and profitable, and therefore provide greater job stability to employees and contractors, which will 

ultimately contribute to growth of the film and marketing industries and as a result, the U.S. economy. 

Improved financial performance of U.S. companies, through commercial use of UASs, provides a stable 

workforce that increases consumer spending; improves local, state, and federal tax revenues; and allows 
14

companies to invest in research and development in order to remain competitive both in the United 

States and abroad.

5. There Are No Privacy Issues.

Like the manned aerial acquisition flight operations that have been conducted for decades, the 

proposed operation of lightweight UASs will not implicate any privacy issues. Up Aerial Media only 

operates its UASs in predetermined areas and only in compliance with well-regarded safety protocols 

such as those contained within the well established and commonly known Motion Picture and Television 

Industry. Specifically, Up Aerial Media UASs will be operated only in accordance with all Federal 

Aviation Regulations, including the minimum altitude requirements of 14 C.F.R. § 91.119. 

E. The Reasons Why Granting The Exemption Would Not Adversely Affect Safety, Or How The 

Exemption Would Provide A Level Of Safety At Least Equal To That Provided By The Rule From 

Which Up Aerial Media Seeks Exemption.

1. Reasons Why Up Aerial Media UASs Meet The Conditions Of The FAA Modernization 

and Reform Act of 2012 (FMRA) Section 333.

In consideration of the size, weight, speed, and limited operating area associated with the 

unmanned aircraft and its operation, Up Aerial Media’s operation of lightweight UASs meets the 

conditions of FMRA Section 333, and will not require an airworthiness certificate in accordance with 14 

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

Section 333 provides authority for UAS to operate without airworthiness certification and sets forth 

requirements for considering whether a UAS will create a hazard to users of the NAS or the public, or 

otherwise pose a threat to national security. Specifically, FMRA Section 333 states the following, in 

part:

(a) In General.--Notwithstanding any other requirement of this subtitle, and not later than 180 

days after the date of enactment of this Act, the Secretary of Transportation shall determine if 
15

certain unmanned aircraft systems may operate safely in the national airspace system before 

completion of the plan and rulemaking required by section 332 of this Act or the guidance 

required by section 334 of this Act.

(b) Assessment of Unmanned Aircraft Systems.--In making the determination under subsection 

(a), the Secretary shall determine, at a minimum--

(1) which types of unmanned aircraft systems, if any, as a result of their size, weight, 

speed, operational capability, proximity to airports and populated areas, and operation 

within visual line of sight do not create a hazard to users of the national airspace system 

or the public or pose a threat to national security; and

(2) whether a certificate of waiver, certificate of authorization, or airworthiness 

certification under section 44704 of title 49, United States Code, is required for the 

operation of unmanned aircraft systems identified under paragraph (1).

(c) Requirements for Safe Operation.--If the Secretary determines under this section that certain 

unmanned aircraft systems may operate safely in the national airspace system, the Secretary 

shall establish requirements for the safe operation of such aircraft systems in the national 

airspace system.

In seeking this exemption, Up Aerial Media submits that its lightweight UASs can operate safely 

in the NAS pursuant to FMRA Section 333, as demonstrated by: (a) the safe operational history and 

current use of its UASs in the NAS; (b) the characteristics of the Up Aerial Media UASs; (c) Up Aerial 

Media’s commercial, instrument rated pilot certification requirement; (d) the specific operating 

limitations; and (e) adopting best safety practices from military and the FAA.

a. The DJI UAS Has A Proven History Of Operation In The NAS Pursuant To 

A Certificate Of Authorization (“COA”).

The DJI UAS has already been granted exemptions pursuant to Sec. 333 to operate commercially 

in the NAS for the purpose of performing aerial acquisitions. On January 06, 2015, Mr. Douglas 

Trudeau, was granted two exemptions pursuant to Sec. 333 to commercially operate the DJI UAS (also 

known as the Phantom 2) for the purpose of real estate marketing in certain located within the state of 

Arizona.

Up Aerial Media intends to operate the similar UASs, DJI Phantom 2 and S800 EVO, with a 
16

similar camera system (GoPro) in California. Up Aerial Media intends to utilize commercial instrument 

rated pilots with current FAA medical certificate with extensive flight experience in order to increase the 

safety of its operations.

b. The Specifications Of The DJI UAS Demonstrate Its Safe Characteristics.

The DJI UASs (S800 EVO & Phantom 2) does not create a hazard to users of the NAS or the 

public, or otherwise pose a threat to national security considering its size, weight, speed, and operational 

capability.

i. Technical Specifications Of The DJI S800 EVO UAS.

Unmanned Aircraft System The DJI S800 EVO is an Unmanned Aircraft System 

six bladed hexa-rotor and a transportable ground 

station.

Unmanned Aircraft Dimensions Diagonal Wheelbase:800mm

Frame Arm Length:350mm

Frame Arm Weight (Including Motor, ESC, 

Propeller): 304g 

Center Frame Diameter:240mm

Center Frame Weight:365g

Bi-pod Size: 

500mm(Length)X415mm(Width)X320mm(Height)

Bi-pod Weight:428g

Total Weight:2.6kg

Engine (Propulsive Unit) Engine Type Cert: None 

Propulsive Unit Type: Lithium ion battery powered, 

500W direct drive electric motor

Stator Size:41x14mm

KV: 320rpm/V

Max Power: 360W

Weight: 147g

Fuel Not Applicable. 

NOTE: The DJI UAS is powered by a Lithium 

Polymer rechargeable battery, Up Aerial Media 
17

Propeller Six engineered plastic or carbon fiber blades

Size:15x04in

Weight:15g

Battery LiPo (6S, 10000mAh~15000mAh, 15C(Min)) 

Flight Parameters Power Battery: LiPo 

(6S, 10000mAh~15000mAh(Min), 15C)

Max Power Consumption: 2100W

Hover Power Consumption: 720W

Hover Time Max: 20 min 

(@10000mAh & Takeoff Weight 6Kg,Load Weight 

1.5Kg)

Maximum Tilt Angle 35 degrees

Maximum Yaw Angular Velocity 150 degrees/sec

Maximum Weights Takeoff Weight: 6.0kg~8.0kg

Load Weight:0kg~2.5kg

Empty Weight 3.7 kg

Frequencies Signal Frequency:30Hz~450Hz

NOTE: FCC license is not required to utilize the above 

frequencies; If video is utilized, uplink, downlink, and 

video are all on 2.4 Ghz.

Minimum Crew (1) The DJI S800 EVO UAS can be operated by a 

single operator, however Up Aerial Media plans to 

operate with a three (3)-person crew. The threeperson crew will be comprised of one pilot, one 

spotter, and one safety supervisor.

Number of Seats (0) Not Applicable.

Fuel Capacity Not Applicable.

Oil Capacity Not Applicable.

Max. Operating Altitude 1,200 ft. AGL

Nominal Endurance Max: 20 min (@15000mAh&6.7Kg Takeoff Weight)

Ambient Outside Air Temperature (OAT) -5 to +60C

Wind Limitation 17.9 mph
18

Camera System GoPro Hero 3 or GoPro Hero 4

Maintenance This DJI UAS must be maintained in accordance with 

the manufacturer’s maintenance manual, or later FAA 

accepted revision.
19

Technical Specifications Of The DJI Phantom 2 UAS.

Unmanned Aircraft System The DJI Phantom 2 is an Unmanned Aircraft System 

four bladed rotorcraft and a transportable ground 

station.

Unmanned Aircraft Dimensions Diagonal Length:350mm

Total Weight:1.3kg

Engine (Propulsive Unit) Engine Type Cert: None 

Propulsive Unit Type: Lithium ion battery powered, 

500W direct drive electric motor

Fuel Not Applicable. 

NOTE: The DJI UAS is powered by a Lithium 

Polymer rechargeable battery, Up Aerial Media 

Propeller Four engineered plastic

Size: 9 in

Battery LiPo (5200mAh, 11.1V, 15C(Min)) 

Flight Parameters Hover Time Max: 25 min 

(@10000mAh & Takeoff Weight 6Kg,Load Weight 

1.5Kg)

Maximum Tilt Angle 35 degrees

Maximum Yaw Angular Velocity 200 degrees/sec

Maximum Weights Takeoff Weight: 1.3kg

Load Weight:.3kg

Empty Weight 1.0 kg

Frequencies Signal Frequency:240Hz

Communications Distance: 1,000meters
20

NOTE: FCC license is not required to utilize the above 

frequencies; If video is utilized, uplink, downlink, and 

video are all on 2.4 Ghz.

Minimum Crew (1) The DJI S800 EVO UAS can be operated by a 

single operator, however Up Aerial Media plans to 

operate with a two (2)-person crew. The two-person 

crew will be comprised of one pilot, and one visual 

observer (safety focused).

Number of Seats (0) Not Applicable.

Fuel Capacity Not Applicable.

Oil Capacity Not Applicable.

Max. Operating Altitude 400 ft. AGL

Nominal Endurance Max: 25 min 

Ambient Outside Air Temperature (OAT) -10 to +50C

Wind Limitation 20 mph

Camera System GoPro Hero 3 or GoPro Hero 4

Maintenance This DJI UAS must be maintained in accordance with 

the manufacturer’s maintenance manual, or later FAA 

accepted revision.
21

ii. The DJI UAS Autonomous Flight And Navigation Modes Enable the DJI UAS To 

Remain Within A Defined Operational Area.

A complete description of the autonomous modes and methods of navigation for the DJI S800 

EVO and the Phantom 2 UAS is provided in the Phantom 2 User Manual, version 1.2 in paragraph 6.4,

pages 25 through 26. A copy of the DJI Phantom 2 & DJI S800 EVO UAS User Manual, which contains 

proprietary information, is attached hereto as Exhibit A, and is to be held in a separate file pursuant to 

14 C.F.R. § 11.35(b)1.

iii. Although a degradation or loss of the control link, and/or degradation or loss of the 

																																																							 1 Exhibits to this Petition contain proprietary information, and in accordance with 14 C.F.R. § 11.35(b), are not to be included in the 

Federal Docket Management System (FDMS).
22

source of navigation, is unlikely, it is a situation that is well planned for and 

therefore, is a benign event. 

The DJI (both S800 EVO and Phantom 2) unmanned aircraft (UA) use a failsafe approach for all 

avionics failure conditions, including the event of a loss of communications (“Loss of Link”). When the 

aircraft is initializing, the aircraft will record the current GPS coordinates as the home point. If the DJI 

UA encounters loss of link with the ground control station, it will attempt to reacquire communications. 

Upon loss of the communication signal for greater then three seconds, the DJI UA flight control system 

will automatically control the aircraft to return to home and land to reduce injuries or damage. 

The landing procedure for Loss of Link is identical to a normal landing procedure. The DJI UA return to 

its home position and hover at 20 meters and then the aircraft will descend automatically to a normal 

landing. 

The DJI UA Phantom 2 User Manual, version 1.2 in paragraph 6.4, pages 25 through 26 fully describes 

the features of the DJI UA and sets forth the unmanned aircraft’s operation in loss, loss of 

communications, loss GPS, or software crash. A copy of DJI UAS Phantom 2 Users Manual, which 

contains proprietary information, is attached hereto as Exhibit A, and is to be held in a separate file 

pursuant to 14 C.F.R. § 11.35(b).

iv. The DJI Ground Control Station And Its Operation.

A complete description of the operation and specifications of the ground control station (GCS) 

and for the DJI UAS is provided in the DJI Phantom 2 Users Manual at Chapter 3. Software is 

developed by DJI and is installed and configured by the user in accordance with Chapter 7 of the 

Phantom 2 User’s Manual. 

A copy of the DJI UA Phantom 2 Users Manual, which contains proprietary information, is attached 

hereto as Exhibit A, and is to be held in a separate file pursuant to 14 C.F.R. § 11.35(b).

v. Safe Mobile Operation Of The DJI UAS (Phantom 2 and S800 EVO).

Up Aerial Media does not intend to operate UASs from vehicles, however does feel UAS 

operations may be safely operated by a Pilot-in-Command (PIC) and safety observer co-located with a 

GCS on a mobile vehicle or watercraft, in order to efficiently perform aerial imagery. Limitations and 

requirements apply to mobile operations of the DJI UAS, including the following:

The driver/operator of the vehicle must be licensed and fully understand his/her role in the operation.

The mobile vehicle must be organized and clear of any unnecessary debris prior to the operation.

Equipment and personnel positioning within the vehicle must be predetermined and agreed upon 

by the team. Each team member must use appropriate safety restraint equipment, and such equipment 

should not interfere with safe flight.

The PIC must have ready communication with the driver/operator of the vehicle as well as the safety 

observer.
23

GCS software must be configured for constant updating of GCS position on the map overlay, and the 

PIC must be kept aware of vehicle position. The GCS must be mounted or fixed to the vehicle to ensure 

that no excess movement will shift the GCS during operations.

The route of the moving vehicle must be determined prior to operation and the PIC must ensure 

that no part of the route will obscure the safety observer’s view of the vehicle or cause any physical 

obstacles or obstructions to any member of the flight team.

The Area of Interest (AOI) must be large enough to warrant mobile operations, and the aircraft 

cannot be allowed to exit the AOI under any circumstance. The only change to the standard operating 

procedures (SOP’s) with mobile operations must be an update of the LOL (Loss of Link) site. Mobile 

operations are only permitted if suitable LOL sites are within 500 ft. of the PIC at all times. The entire 

AOI must also meet the “sterile environment” of a static site, otherwise mobile operations are 

prohibited.

A copy of the DJI Phantom 2 and S800 EVO User Manuals, which contains proprietary 

information, is attached hereto as Exhibit A, and is to be held in a separate file pursuant to 14 C.F.R. § 

11.35(b).

c. Flight Operations Of The DJI UAS Are Limited To The Line Of Sight Of An 

FAA Certificated Commercial Instrument Rated Pilot in Command With A 

Safety Observer.

Up Aerial Media will only utilize FAA certificated Commercial Instrument Rated Pilots who 

possess a valid Airman Medical Certificate to act as a pilot in command of the DJI UAS. All current Up 

Aerial Media UAS pilots are U.S. Navy and Air Force veterans. Specifically, Up Aerial Media 

maintains two commercial instrument rated pilots with the following qualifications:

Pilot 1 – Multi-Engine, Commercial Instrument Rated Pilot, Turbo-jet Flight Engineer

Type Ratings; L382 (C-130E & C-130J), L188 (P3)

Former U.S. Naval Aviator and U.S Air Force Command Pilot, Instructor Pilot

Total Flight Time: 4,300 hours

DJI UAS Flight Time: Approximately 60 hours

Pilot 2 - Multi-Engine, Commercial Instrument Rated Pilot

Type Ratings; L382

U.S. Air Force Command Pilot, Evaluator Pilot, 

Total Flight Time: 4,500 hours

DJI UAS Flight Time: Approximately 50 hours

Both pilots will complete a Class one flight physical prior to commercial UAS operations.

Additionally, a safety observer, who will also possess a valid Airman Medical Certificate, and 

who has completed a private pilot ground school, and passed the FAA private pilot knowledge test, will 

assist all pilots. Additionally, both the pilot in command and safety observer must complete the Up 

Aerial Media DJI Operators Course pass a UAS Users Manual exam. 

Up Aerial Media pilots will conduct detailed preflight planning with special attention to airspace 
24

deconfliction and a focus on conducting operations in uncongested areas.

A copy of the DJI Phantom 2 and S800 EVO User Manuals, which contains proprietary information, is 

attached hereto as Exhibit A, and is to be held in a separate file pursuant to 14 C.F.R. § 11.35(b).

d. Flights Will Be Conducted Pursuant To Specific Operating Limitations.

In seeking this exemption, Up Aerial Media proposes to commercially operate the DJI UASs for 

the special purpose of conducting aerial imagery over the United States. The intent is to operate UASs 

in a very small, defined area (400 feet vertically and 1,500 feet laterally from the point of origin) in 

support of multimedia outlets (television and film) as well as the real estate market. Up Aerial Media 

will maintain close contact with the local Van Nuys FSDO and keep them appraised of operations in 

support of motion picture and television industry. Operations will be conducted pursuant to the 

following specific operating limitations:

1) Operations authorized by the grant of exemption will be limited to the following aircraft described in 

the operating documents, which is a rotorcraft weighing less than 18 pounds: DJI S800 EVO or DJI 

Phantom 2. Proposed operations of any other aircraft will require a new petition or a petition to amend 

the grant.

2) The DJI UA may not be flown at an indicated airspeed exceeding 51 knots horizontal speed.

3) The DJI UA will be operated at an altitude of no more than 400 feet above ground level (AGL). All 

altitudes reported to ATC must be in feet.

4) The DJI UA must be operated within visual line of sight (VLOS) of the Pilot in Command (PIC) at all 

times. This requires the PIC to be able to use human vision unaided by any device other than corrective 

lenses, as specified on the PIC’s FAA-issued airman medical certificate.

5) All operations must utilize a Visual Observer (VO). The VO may be used to satisfy the VLOS 

requirement as long as the PIC always maintains VLOS capability. The VO and PIC must be able to 

communicate verbally at all times. The PIC must be designated before the flight and will not transfer his 

or her designation for the duration of the flight. The PIC must ensure that the VO can perform the 

functions prescribed in the users manual.

6) The operating documents and the grant of exemption must be maintained and made available to the 

Administrator upon request. If a discrepancy exists between the conditions and limitations in the 

exemption and the procedures outlined in the operating documents, the conditions and limitations in the 

grant of exemption take precedence and must be followed. Otherwise, the operator must follow the 

procedures as outlined in its operating documents. The operator may update or revise its operating 

documents. It is the operator’s responsibility to track such revisions and present updated and revised 

documents to the Administrator upon request. The operator must also present updated and revised 

documents if it petitions for extension or amendment to the grant of exemption. If the operator 

determines that any update or revision would affect the basis upon which the FAA granted the 

exemption, then the operator must petition for amendment to its grant of exemption. The FAA’s UAS 

Integration Office (AFS-80) may be contacted if questions arise regarding updates or revisions to the 

operating documents.
25

7) Prior to each flight, the PIC will inspect the Up Aerial Media UAS to ensure it is in a condition for 

safe flight. If the inspection reveals a condition that affects the safe operation of the Up Aerial Media

UAS, the Up Aerial Media UA is prohibited from operating until the necessary maintenance has been 

performed and the DJI UAS is found to be in a condition for safe flight. The Up Aerial Media Ground 

Control Station will be included in the preflight inspection. All maintenance and alterations will be 

properly documented in the aircraft records.

8) Any Up Aerial Media UAS maintenance or alterations that affect the UAS operation or flight 

characteristics, e.g. replacement of a flight critical component, will undergo a functional test flight. The 

PIC who conducts the functional test flight will make an entry in the DJI UA aircraft record of the flight.

9) In addition to the pre-flight inspection section in the operating documents, the preflight inspection 

will also account for all discrepancies, i.e. inoperable components, items, or equipment, not already 

covered in the relevant sections of the operating documents.

10) The operator will follow the DJI manufacturer’s UAS aircraft/component, maintenance, overhaul, 

replacement, inspection, and life limit requirements.

11) The operator will carry out its maintenance, inspections, and record keeping requirements, in 

accordance with the operating documents. Maintenance, inspection, and alterations will be noted in the

aircraft logbook, including total flight hours, description of work accomplished, and the signature of the 

authorized DJI maintenance personnel or PIC returning the Up Aerial Media UAS to service.

12) The operator’s DJI authorized maintenance personnel or PIC will make a record entry in the Up 

Aerial Media UAS logbook or equivalent document of the corrective action taken against discrepancies 

discovered between inspections.

13) The operator’s DJI authorized maintenance personnel, PIC and VO must receive and document 

training.

14) The Up Aerial Media UAS operated under the exemption will comply with all manufacturer System 

and Safety Bulletins.

15) The PIC will possess at least a FAA-issued commercial instrument pilot certificate and a valid FAAissued airman medical certificate. The PIC must also meet the flight review requirements specified in 14 

C.F.R. 61.56 in an aircraft in which the PIC is rated on his or her pilot certificate.

16) Prior to operating for hire, the PIC and VO must have successfully completed Up Aerial Media’s 

training syllabus as outlined in the operating documents. In addition, the PIC and VO must also have 

successfully completed annual (recurrent) training in accordance with the operating documents. A 

record of training must be documented and made available upon request by the Administrator. Training, 

proficiency, and experience-building flights for the purpose of training pilots and VOs to conduct flights 

authorized by the exemption are permitted under the terms of the exemption.

17) If the Up Aerial Media UA loses communications or loses its GPS signal, it must return to a predetermined location within the planned operating area and land, or be recovered in accordance with the 

operating documents.
26

18) The PIC must abort the flight in the event of unpredicted obstacles or emergencies pursuant to the 

operating documents.

19) The operator must obtain an Air Traffic Organization (ATO) issued Certificate of Waiver or 

Authorization (COA) prior to conducting any operations under the grant of exemption. This COA will 

also require the operator to request a Notice to Airman (NOTAM) not more than 72 hours in advance, 

but not less than 48 hours prior to the operation.

20) The Up Aerial Media UA operated in accordance with the exemption will be identified by serial 

number, registered in accordance with 14 C.F.R. part 47, and have identification (N-Number) markings 

in accordance with 14 C.F.R part 45, Subpart C.

21) Before conducting operations, the radio frequency spectrum used for operation and control of the Up 

Aerial Media UA must comply with the Federal Communications Commission (FCC) or other 

appropriate government oversight agency requirements.

22) The documents required under 14 C.F.R § 91.9 must be available to the PIC at the Ground Control 

Station of the Up Aerial Media UAS any time the aircraft is operating. These documents must be made 

available to the Administrator or any law enforcement official upon request.

23) The DJI UA must remain clear and yield the right of way to all other aircraft operations and 

activities at all times.

24) If the DJI UAS is operated from a moving device or vehicle, the operation must be in accordance 

with the operating documents.

25) DJI UAS operations will not be conducted during night, as defined in 14 C.F.R. § 1.1.

26) All operations must be conducted under visual meteorological conditions (VMC). The Up Aerial 

Media UA will not be operated less than 500 feet below or less than 2,000 feet horizontally from a cloud 

or when visibility is less than 3 statute miles from the PIC.

27) During operations in the National Airspace System, the UA will not operate within 5 nautical miles

of the geographic center of an airport as denoted on a current FAA- published aeronautical chart unless a 

letter of agreement with that airport’s management is obtained, and the operation is conducted in 

accordance with a NOTAM as required by the operator’s COA. The letter of agreement with the airport 

management must be made available to the Administrator upon request.

28) The DJI UA will not be operated over congested or densely populated areas. These areas include but 

are not limited to the yellow areas depicted on World Aeronautical Charts (WAC), Sectional 

Aeronautical Charts (Sectionals), or Terminal Area Charts (TAC). However, aeronautical charts may not 

reflect pertinent local information. Ultimately, it is the PIC’s responsibility to maintain the minimum 

safe altitudes required by 14 C.F.R. § 91.119.

29) Operation of the DJI UA must be conducted at least 500 feet from all persons, vessels, vehicles, and 

structures not directly involved in the operation.

30) Operations of the UA may be conducted at distances less than 500 feet from participating persons, 
27

vessels, vehicles or structures that perform an essential function in connection with the special purpose 

operations. Operations closer than 500 feet from the PIC, VO, operator trainees and essential persons, 

are permitted when operationally necessary; but never so close as to present an undue hazard, per 14 

C.F.R. § 91.119(a).

31) Operations of the UA may be conducted at distances less than 500 feet from unoccupied vessels, 

vehicles or structures owned by the land owner/controller when the land owner/controller grants such 

permission and the PIC makes a safety assessment of the risk from operations closer to these objects.

32) All operations shall be conducted 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.

33) Any incident, accident, or flight operation that transgresses the lateral or vertical boundaries of the 

operational area as defined by the applicable COA must be reported to the FAA’s UAS Integration 

Office (AFS-80) within 24 hours. Accidents meeting the requirements of 49 C.F.R. part 830 must be 

reported to the National Transportation Safety Board (NTSB) per instructions contained on the NTSB 

Web site: www.ntsb.gov.

2. Reasons Why An Exemption From The Requirements Of Section 91.151(a)(1) 

Would Not Adversely Affect Safety.

A grant of this exemption would ensure the level of safety established by 14 C.F.R. Section 

91.151(a)(1) because the technical specifications of the DJI UAS, the Phantom 2 and S800 EVO User

Manuals, and Up Aerial Media’s proposed operating limitations ensure that Up Aerial Media may safely 

operate the battery powered DJI UA during daylight hours in VMC for 15 minutes, landing with 5

minutes of battery power remaining. Furthermore, previous exemptions granted by the FAA concerning 

Section 91.151(a)(1) establish that safety is not adversely affected when the technical characteristics and 

operating limitations of a UAS are considered.

The DJI UA is powered by a Lithium Ion 5.2 Amp hour, 11.1V battery, and is protected by a low 

battery fail safe, while the ground control station (GCS) provides a battery indicator on the heads-up 

display, which indicates the DJI UA’s current remaining battery power measured in volts, providing the 

PIC with constant awareness of the real-time battery voltage during a flight.

The DJI UA possesses a low battery failsafe. The low battery failsafe flies the UA a determined 

“home” location when the UA battery reaches a certain threshold of time as configured by the operator 

(determined by Up Aerial Media to 40 percent of battery power). 

Furthermore, an exemption from the requirements of Section 91.151(a)(1) would not adversely 

affect safety because Up Aerial Media will only conduct flights during daylight hours in VMC, with the 

duration of each flight not to exceed 20 minutes, as set forth by the DJI User Manuals. 

A copy of the DJI Phantom 2 and S800 EVO User Manuals, which contains proprietary 

information, is attached hereto as Exhibit A, and is to be held in a separate file pursuant to 14 C.F.R. § 

11.35(b).

Likewise, as set forth above, Up Aerial Media has proposed specific operating limitations in this 
28

Petition that will maintain the level of safety established by Section 91.151(a)(1), including the 

following: 

(1) the DJI UA will only be operated during daylight hours (i.e. between the end of morning civil 

twilight and the beginning of evening civil twilight, as published in the American Air Almanac, 

converted to local time); 

(2) DJI UA will only be operated pursuant to visual flight rules (VFR) in visual meteorological 

conditions (VMC); and 

(3) the duration of each flight shall not exceed 20 minutes.

Significantly, previous exemptions granted by the FAA concerning Section 91.151(a)(1) 

establish that safety is not adversely affected when the technical characteristics and operating limitations 

of the UAS are considered. Relief has been granted for manned aircraft to operate at less than the 

minimums prescribed in Section 91.151(a), including Exemption Nos. 2689, 5745, and 10650. 

Moreover, the FAA has previously granted relief from Section 91.151(a)(1), specific to UAS, in 

circumstances similar, in all material respects, to those presented herein (e.g. Exemption Nos. 8811, 

10808, 10673, 11042, 11062, 11063, 11064, 11065, 11066, 11067, 11080, 11109, 11110).

3. Reasons Why An Exemption From The Requirements Of Sections 91.151(a)(1), 

91.405(a), 91.407(a)(1), 91.409(a)(1) & (a)(2), And 91.417(a) & (b) Would Not 

Adversely Affect Safety.

In seeking this exemption, Up Aerial Media submits that the level of safety with regard to the 

regulatory maintenance and alteration requirements established by Sections 91.405(a), 91.407(a)(1), 

91.409(a)(1) & (a)(2), 91.417(a) & (b) will be met because Up Aerial Media, or DJI the manufacturer of 

the UAS, will use its trained technicians to perform maintenance, alterations, or preventive maintenance 

on the unmanned aircraft system using the methods, techniques, and practices prescribed in the 

manufacturer’s maintenance manual. Furthermore, Up Aerial Media will document and maintain all 

maintenance records for the DJI UAS.

Since the DJI UAS will be inspected as prescribed by the manufacturer’s user manual, Up Aerial 

Media will maintain the level of safety established by Sections 91.405(a), 91.409(a)(1), and 

91.409(a)(2). The DJI User Manual does not set forth Scheduled Maintenance Inspection Procedures for 

each system and component. Additionally, the exemption sought will not adversely affect safety 

because Up Aerial Media will perform maintenance, alterations or preventive maintenance on the 

unmanned aircraft system using the methods, techniques, and practices prescribed or conducted by the 

manufacturer. The DJI User Manual details procedures for components of the unmanned rotorcraft.

A copy of the DJI User Manual, which contains proprietary information, is attached hereto as 

Exhibit A, and is to be held in a separate file pursuant to 14 C.F.R. § 11.35(b).

Furthermore, the exemption sought would maintain the level of safety established by Sections 

91.407, 91.417(a) and 91.417(b) because all maintenance of the DJI UAS will be performed by Up 

Aerial Media technicians, who will document and maintain maintenance records for the DJI UAS. A 

maintenance action form must will be completed and saved in the maintenance logs for all maintenance 

that is performed on the Up Aerial Media UAS. Up Aerial Media will utilize an FAA compliant Safety 
29

Management System (SMS) in order to track maintenance actions and identify recurring maintenance or 

operations issues.

Significantly, previous exemptions granted by the FAA concerning Sections 91.405(a), 

91.407(a)(1), 91.409(a)(1) & (a)(2), 91.417(a) & (b) establish that safety is not adversely affected when 

the technical characteristics and operating limitations of a UAS are considered. The FAA has previously 

granted relief specific to UAS in circumstances similar, in all material respects, to those presented herein 

(e.g. Exemption Nos. 11062, 11063, 11064, 11065, 11066, 11067, 11080, 11109, 11110, 11112).

4. The FAA May Prescribe Any Other Conditions For Safe Operation.

In accordance with Section 333 of the FAA Modernization and Reform Act of 2012 (FMRA) 

and 14 C.F.R. § 21.16 entitled Special Conditions, Up Aerial Media requests that the FAA prescribe 

special conditions for the intended operation of the DJI UAS, which contain such safety standards that 

the Administrator finds necessary to establish a level of safety equivalent to that established by 14 

C.F.R. Part 21, Subpart H, and 14 C.F.R §§ 91.151(a)(1), 91.405(a), 91.407(a)(1), 91.409(a)(1) & (a)(2), 

and 91.417(a) & (b). Such special conditions will permit safe operation of the unmanned aircraft for the 

limited purpose of conducting aerial acquisitions over certain rural areas in the United States. FMRA 

Section 333 sets forth the requirements for considering whether a UAS will create a hazard to users of 

the NAS or the public, or otherwise pose a threat to national security; and further, provides the authority 

for such UAS to operate without airworthiness certification in accordance with any requirements that 

must be established for the safe operation of the aircraft systems in the NAS.

Likewise, the Administrator may prescribe special conditions pursuant to 14 C.F.R. § 21.16, for 

operation of the Up Aerial Media owned, DJI UAS, since the airworthiness regulations of 14 C.F.R. Part 

21 do not contain adequate or appropriate safety standards, due to the novel or unusual design features 

of the rotorcraft. Section 21.16, entitled Special Conditions, states the following:

If the FAA finds that the airworthiness regulations of this subchapter do not contain adequate or 

appropriate safety standards for an rotorcraft, aircraft engine, or propellers because of a novel or unusual 

design feature of the aircraft, aircraft engine or propeller, the prescribes special conditions and 

amendments thereto for the product. The special conditions are issued in accordance with Part 11 of this 

chapter and contain such safety standards for the aircraft, aircraft engine or propeller as the FAA finds 

necessary to establish a level of safety equivalent to that established in the regulations. See 14 C.F.R. § 

21.16.

Therefore, in accordance with FMRA Section 333 and 14 C.F.R. § 21.16, the FAA may

prescribe special conditions for Up Aerial Media’s intended operation of the DJI UAS, which contain 

such safety standards that the Administrator finds necessary to establish a level of safety equivalent to 

that established by 14 C.F.R. Part 21, Subpart H, and 14 C.F.R Sections 91.151(a)(1), 91.405(a), 

91.407(a)(1), 91.409(a)(1) & (a)(2), and 91.417(a) & (b).

F. A Summary That Can Be Published In The Federal Register, stating:

The Rules From Which Up Aerial Media Seeks Exemption:

Up Aerial Media seeks exemption from the requirements of 14 C.F.R Sections 

91.151(a)(1), 91.405(a), 91.407(a)(1), 91.409(a)(1) & (a)(2), and 91.417(a) & (b).
30

A Brief Description Of The Nature Of The Exemption Up Aerial Media Seeks:

This exemption will permit Up Aerial Media to commercially operate an Unmanned 

Aircraft System (UAS) for the purpose of conducting aerial imagery over small, defined 

operational areas of the United States.

G. Any Additional Information, Views, Or Arguments Available To Support Up Aerial Media’s 

Request.

This Petition is made pursuant to the FAA Modernization and Reform Act of 2012 

(FMRA) Section 333, which directs the Secretary of Transportation to determine if 

certain UAS may operate safely in the NAS. As such, Up Aerial Media’s request for 

exemption may be granted pursuant to the authority of FMRA Section 333 and 14 C.F.R. 

Part 11, as set forth above.

FMRA Section 333 sets forth the requirements for considering whether a UAS will create 

a hazard to users of the NAS or the public, or otherwise pose a threat to national security; 

and further, provides the authority for such UAS to operate without airworthiness 

certification.

As discussed in detail above, the DJI UAS has in the past, and will continue in the future, 

to operate safely in the NAS without creating a hazard to users of the NAS, or the public, 

or otherwise pose a threat to national security.

CONCLUSION

As set forth herein, Up Aerial Media, LLC seeks an exemption pursuant to 14 C.F.R. § 11.61 and 

Section 333 of the FAA Modernization and Reform Act of 2012 (FMRA), which will permit safe operation of 

the DJI UAS commercially, without an airworthiness certificate, for the limited purpose of conducting aerial 

imagery over small, defined operational areas of the United States. By granting this Petition, the FAA 

Administrator will be fulfilling the Congressional mandate of the FAA Modernization and Reform Act of 2012, 

while also advancing the interests of the public, by allowing Up Aerial Media, LLC to safely, efficiently, and 

economically operate the DJI UASs commercially within the NAS.

WHEREFORE, in accordance with the Federal Aviation Regulations and the FAA Modernization and 

Reform Act of 2012, Section 333, Up Aerial Media, LLC respectfully requests that the Administrator grant this 

Petition for an exemption from the requirements of 14 C.F.R Sections 91.151(a)(1), 91.405(a), 91.407(a)(1), 

91.409(a)(1) & (a)(2), and 91.417(a) & (b), and permit Up Aerial Media, LLC to operate the DJI UAS for the 

purpose of acquiring aerial imagery over specific areas of the United States.

Dated: February 2, 2015