### Petition of **UpAngle Productions, LLC for**  **Exemption Pursuant to Section 333 of the FAA Modernization and Reform Act of 2012** 
Dear Sir or Madam, Pursuant to Section 333 of the FAA Modernization and Reform Act of 2012 and 14 CFR Part 11, UpAngle Productions, LLC is hereby requesting an exemption from the listed Federal Aviation Regulations to operate a small Unmanned Aircraft System for the purpose of recording photography and videography for compensation or hire. This exemption would permit comm ercial operation by UpAngle Productions , LLC, using Cinestar

- 8 MK and DJI Phantom 2 UAS ’s in order to provide the following services:

• real estate advertising

• land surveying

• agricultural surveying

• commercial advertisement

• personal event photography and videography

• commercial event photography and videography

• industrial inspections UpAngle Productions, LLC’s operation under the exemption will be subject to strict operating requirements and conditions to ensure an equivalent level of safety to currently authorized operations using manned aircraft and under conditions as may be modified by the FAA as required by Section 333. UpAngle Productions, LLC respectfully submits this request for an exemption due to its use of sUAS ’ s/UAS ’ s. Approval of this exemption would enhance safety and fulfill the Secretary of Transportation’s responsibilities under Section 333(c) of the Reform Act to “establish requirements for the safe operation of such aircraft systems in the national airspace system.” UpAngle Productions, LLC has organized this exemption request as follows: **I. Petitioner’s Description**  **II. Relevant Statutory Authority**  **III. Q** **ualifications for Approval Under Section 333 of the Reform Act IV.**  **Description of Proposed Operations V.**  **Regulations from which Exemption is Requested VI.**  **Public Interest VII.**  **Privacy VIII.**  **Federal Registry Summary IX.**  **Conclusion I.**  **Petitioner’s Description**

UpAngle Productions, LLC , headquartered in Pasco, WA , is a company that provides aerial drone footage for consumers and businesses alike. The services we provide include but are not limited to:

• real estate advertising

• land surveying

• commercial advertisement

• personal event photography and videography

• commercial event photography and videography

• industrial inspections UpAngle Productions, LLC ’s goal is to operate in an accident

- free environment while serving our community. UpAngle Productions, LLC is owned/operated by two m anaging owners with over 15 years of combined RC Aircraft / UAS/UAV/Drone experience: Bryan Monarch 3801 Artesia Drive Pasco, WA 99301 ( 509 ) 592

- 3651 bryan@upangle.com Daniel Monarch 14934 E Outer Springer Loop Palmer, AK 99645 (907 ) 745

- 3326 dan@upangle.com
**II. Relevant Statutory Authority**  This petition for exemption is submitted to fulfill Congress’ goal in passing Section 333(a) through (c) of the Reform Act. Congress has directed the FAA “to safely accelerate the integration of civil unmanned aircraft systems into the national airspace system.” Pursuant to Section 333 of the Reform Act, the FAA Administrator is to consider whether certain unmanned aircraft systems may operate safely in the National Airspace (“NAS”) before completion of formal UAS legislation, based on the following considerations:

• The UAS’s size, weight, speed, and operational capability;

• Operation of the UAS in close proximity to airports and populated areas; and

• Operation of the UAS within the visual line of sight of the operator. If the Secretary determines that such vehicles “may operate safely in the National Airspace System, the Secretary shall establish requirements for the safe operation of such airc raft in the National Airspace System.”Additionally, the FAA Administrator has general authority to grant exemptions from its safety

regulations and minimum standards, and has done so on numerous occasions, when the Administrator decides a requested exemption is in the public interest. A party requesting an exemption must explain the reasons why the exemption: (1) would benefit the public as a whole, and (2) would not adversely affect safety (or how it would provide a level of safety at least equal to the existing rules). The Federal Aviation Act expressly grants the FAA the authority to issue exemptions. This statutory authority, by its terms, includes exempting civil aircraft, as the term is defined under 40101 of the Act, from the requirement that all c ivil aircraft must have a current airworthiness certificate and those regulations requiring commercial pilots to operate aircraft in commercial service:

**The Administrator may grant an exemption from a requirement of a regulation prescribed under subsection**  **(a) or (b) of this section or any of sections**  **44702 -** **44716 of this title if the Administrator finds**

**the exemption in the public interest**
**. III.**  **Qualifications for Approval Under Section 333 of the Reform Act** The proposed operations in this petition for exemption qualify for expedited approval under Section 333 of the Reform Act. Each of the statutory criteria and other relevant factors are satisfied. The proposed operations would permit UpAngle Productions, LLC the use of small unmanned aircraft systems under co ntrolled conditions in airspace that is: (1) predetermined; (2) access controlled; (3) enhanced with an increased level of safety beyond that existing when fixed or rotor wing aircraft are used to accomplish the same purpose. UpAngle Productions, LLC uses two UAS ’s ( Cinestar

- 8 MK, DJI Phantom 2 ) that are multi

- rotor, weighing less than 55 pounds, including payload. Under normal conditions, they operate at speeds less than 50 mph and have the capability to fly, hover, and move in the vertical and horizontal plane. UpAngle Productions, LLC ’s UAS ’ s will operate in line of sight, during daylight hours, and will only operate within a sterile area. UpAngle Productions, LLC will operate at or below 400 feet above ground and will file a NOTAM for each flight operated in controlled airspace. All required permissions and permits would be obtained from territorial, state, county, or city jurisdictions, including local law enforcement, fire, or other appropriate governmental agencies prior to operating a UAS. Given the small size of the UAS’s involved and the restricted sterile environment within which they will operate, UpAngle Productions, LLC ’s exemption falls within the zone of safety and demonstrates an equivalent level of safety, in which Congress desired the FAA to permit commercial UAS operations by exemption pending the completion of formal legislation. Also, due to the size of the UAS ’ s and the confined area in which th ey will operate, approval of the exemption presents no hazard in the National Airspace System. Considering the clear direction in Section 333 of the Reform Act, the authority contained in the Federal Aviation Act, as amended, the equivalent level of safety surrounding theproposed operations, and the significant public benefit, the grant of the requested

exemptions is also in the public interest. **IV. Description of Proposed Operations**  To assist the FAA in its safety assessment of UpAngle Productions, LLC ’s proposed UAS operations, below is a summary of operational limitations and conditions that will ensure an equivalent or higher level of safety to operations conducted under current regulatory guidelines:
1. The UAS will weigh less than 55 pounds, 2. Flights wil l be operated within line of sight of the PIC and observer. 3. Maximum total flight time for each operational flight will be limited to the amount of time the UAS can be flown and still maintain a reserve battery power of no less than 25%. 4. Flights will be ope rated at an altitude of no more than 400 feet above ground. 5. C rew for each operation will consist of the UAS Pilot in Command and a Visual Observer whenever possible

. If a VO does not participate in a flight operation the PIC will not wear anything that obstructs their peripheral vision. 6. Prior to the operations at a particular location, a site inspection will have been conducted. 7. All UAS’s will be maintained in accordance with inspection programs specified in the manufacturer’s guidelines. 8. The PIC, VO, and a ny other operational personnel will have been fully trained prior to having any operational responsibilities. 9. All required permissions and permits would be obtained from territorial, state, county or city jurisdictions, including local law enforcement, fire or other appropriate governmental agencies. 10. If the UAS loses communication signal, the UAS will have the capability to return to a predetermined location with in the sterile area and land. 11. The UAS PIC has the capability to abort a flight in case of unpredicted obstacles or emergencies. 12. UpAngle Productions, LLC , by following FAA, NTSB, and AFS

- 80 best practices, will assure no individuals’ privacy is violated. 13. Procedures have been established by UpAngle Productions, LLC to contact ATC prior to operating in airspace other than G. **V. Regulations from which Exemption is Requested**  To use a UAS for data collection, UpAngle Productions, LLC requests relief from the following sections of Title 14 of the Code of Federal Regulations :

• **§61.101(e)(4) and (5) and §61.113(a) Private Pilot Limitations: Pilot in Command** Sections 61.101(e)(4) and (5) and 61.113(a) limits private pilots to non

- commercial operations. However, because the aircraft will not carry pilots or passengers and is limi ted in the type of operation and the area of operation, a private pilot can achieve the equivalent level of safety for the proposed operations as a commercial pilot. First, unlike conventionalmanned aircraft, UAS ’ s are remotely controlled by a ground based pilot operator in a

controlled and restricted area. Second, the aircraft is much smaller than a manned aircraft

. The level of risk associated with its’ operation is diminished from the level of risk associated with commercial operations contemplated by part 61. Therefore, allowing aircraft use by a private pilot as the PIC meets or exceeds the present level of safety sought by 14 CFR 61.101(e)(4)&(5) and 61.113(a).

• **§61.315(a) Sport Pilot Limitations** Section 61.315(a) limits sport pilots to non

- commercial operations. However, because the aircraft will not carry pilots or passengers and is limited in the type of operation and the area of operation, a sport pilot can achieve the equivalent level of safety for the proposed operations as a commercial pilot. First, unlike conventional manned aircraft, UAS ’ s are remotely controlled by a ground based pilot operator in a controlled and restricted area. Second, the aircraft is much smaller than a manned aircraft . The level of risk associated with its’ operation is diminished from the level of risk associated with commercial operations contemplated by part 61. Therefore, allowing aircraft use by a sport pilot as the PIC meets or exceeds the present level of safety soug ht by 14 CFR 61.315(a).

• **§91.7(a) Civil Aircraft Worthiness** Section 91.7(a) requires a civil aircraft to be in an airworthy condition for operation, which accordingly includes an airworthiness certificate in accordance with 14 CFR part 21, Subpart H. To mai ntain an equivalent level of safety, the PIC will ensure that the aircraft is in compliance with the Operating Manual and the FOPM prior to each flight. Additionally, the Pilot will still comply with 91.7(b) and ensure that the aircraft is in condition fo r a safe flight.

• **§91.119(c) Minimum Safe Altitudes** Section 91.119(c) establishes safe altitudes for operation of civil aircraft over other than congested areas. UpAngle Productions, LLC requests authority to operate up to 400 AGL over uncontested areas. The aircraft will operate in a limited area within pre

- defined boundaries with the consent of the landowner/controller and require that all non

- essential persons remain clear of the flight area during operations. The PIC will make a safety assessment of t he risk of operating the aircraft and ensure no undue hazard is present for persons or property. Considering the size, weight and speed of the aircraft, these protections will ensure the equivalent level of safety of minimum safe altitudes. Compared to flight operations for manned aircraft and the lack of flammable fuel, any risk associated with the proposed aircraft operations is far less than conventional aircraft operating at or below 500 ft AGL. In addition, the low

- altitude operations of the aircraft will ensure separation with conventional aircraft.

• **§91.121 Altimeter Settings** Section 91.121 requires each person operating an aircraft to maintain cruising altitude by reference to an altimeter that is set “to the elevation of the departure airport or a n appropriate altimeter setting available before departure.” The Cinestar

- 8 MK and DJI Phantom 2 do not have a barometric altimeter, but instead use GPS altitude data. UpAngleProductions, LLC establishes an equivalent level of safety by requiring the pilot to confirm

that the GPS altitude is set to zero before every flight.

• **§91.151(a)(1) Fuel Requirements for Flight in VFR Conditions** Section 91.151(a)(1) requires all day VFR flights to operate with enough fuel to fly to first point of intended landing and then for at least an additional thirty minutes. The batteries that power UpAngle Productions, LLC unmanned aircraft systems provide approximately 20 minutes of powered flight time and therefore is unable to meet this requirement. However, the Cinestar

- 8 MK and DJI Phantom 2 have a low battery alarm along with a critical battery limit that automatically sends the aircraft back to its departure point. Also, because the aircraft will be flying in a confined area without the presence of non

essential persons a nd with landowner/controller permissions, an equivalent level of safety can be achieved by flight planning all flights to return to intended landing site with a minimum of 25% reserve power in accordance with the FOPM.

• **§91.405(a), §91.407(a)(1), §91.409(a)(1) and (2), §91.417(a) and (b) Maintenance**  **Inspections** Sections §91.405(a), §91.407(a)(1), §91.409(a)(1) and (2), §91.417(a) and (b) require that an aircraft operator or owner shall “have that aircraft inspected as prescribed in subpart E of this part and shall between required inspections, except as provided in paragraph (c) of this section, have discrepancies repaired as prescribed in part 43 of this chapter...,” and others shall inspect or maintain the aircraft in compliance with Part 43. Given that these sections and Part 43 apply only to aircraft with an airworthiness certificate, these sections will not apply to UpAngle Productions, LLC operations. Maintenance will be accomplished by UpAngle Productions, LLC in accordance with the operation s manual and FOPM. The Pilot in Command will ensure that the aircraft is in working order prior to flight and will perform some maintenance and inspection of the aircraft and “be authorized to approve the aircraft for return to service.” Additionally, the Pilot in Command will conduct detailed inspections of the aircraft every 10 hours of flight. Maintenance performed by the PIC is limited to repairing small cracks , replacing propellers , and updating software and firmware. All other maintenance will be pe rformed by the manufacturer. UpAngle Productions, LLC will keep a log of maintenance performed. Moreover, UpAngle Productions, LLC and the PIC are most familiar with the aircraft and best suited to maintain it in an airworthy condition. An equivalent leve l of safety will be achieved because the Cinestar

- 8 MK and DJI Phantom 2 are limited in size, will carry a small payload and operate only in restricted areas for limited periods of time. If mechanical issues arise, the aircraft can land immediately and wi ll be operating no higher than 400 feet AGL. **VI. Privacy** There is little concern that the proposed flights will cause invasions of privacy because

flights will occur over private or controlled access property with the land owner’s prior consent and knowledge. **VII. Public Interest** 
Use of the Cinestar

- 8 MK and DJI Phantom 2 drone is in the public interest because it is safer for people and structures than conventional manned aircraft. First, risk to the flight crew is virtually eliminated by using an unmanned aircraft. Second, by flying a small aircraft weighing less than 55 pounds and carrying no fuel, risk to persons and structures on the ground is greatly reduced. Finally, use of the Cinestar

- 8 MK and DJI Phantom 2 benefit the public because it is better for the environment through reduction in noise and environmental pollution. **VIII. Federal Registry Summary**  UpAngle Productions, LLC seeks an exemption from the following sections of Title 14 of the Code of Federal Regulation: 61.101(e)(4) and (5), 61.113(a), 61.315(a), 91 .7(a), 91.119(c), 91.121, 91.151(a)(1), 91.405(a), 91.407(a)(1), 91.409(a)(1) and (2), and 91.417(a) and (b) to commercially operate an unmanned aircraft system for commercial purposes including but not limited to: real estate advertising, land surveying, commercial advertisement, personal event photography and videography, commercial event photography and videography, and industrial inspections. As established by the UAS exemptions already granted by the FAA, allowing commercial operations of UAS ’ s for aerial purposes will enhance safety by reducing risk. Conventional aerial work using manned aircraft present un avoidable risks to flight crew and persons and structures on the ground because the aircraft are heavy and flying at low altitudes with large amounts of fuel. In contrast, a UAS weighing less than 55 pounds and powered by batteries eliminates virtually all of that risk given the small size and lack of combustible fuel. Environmental risks are also eliminated by using an aircraft that does not have emissions. Therefore, by using an UAS for the purposes outlined by UpAngle Productions, LLC , the risk to persons and structures will be significantly reduced. **IX. Conclusion**  UpAngle Productions, LLC requests an exemption from the aforementioned sections of 14 CFR. The exemption is in the public interest because it will increase safety for persons and structures and UpAngle Productions, LLC will provide an equivalent or greater level of safety as provided for in t he appli cable 14 CFR sections.