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 commercial 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. Qualifications 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 managing 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 aircraft 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 civil 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 controlled 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 they 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 the 
proposed 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 will 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 operated at an altitude of no more than 400 feet above ground.

5. Crew 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 any 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 within 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 limited 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 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 

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 sought 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 maintain 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 for 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 the 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 an 

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. UpAngle 
Productions, 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 nonessential persons and 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 

operations 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 performed 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 level 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 

will 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 unavoidable 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 the applicable 14 CFR sections.