April 26, 2015

U.S. Department of Transportation

Docket Management System

Room W12­140

1200 New Jersey Ave., SE

Washington, DC 20590

Subject: Exemption request under Section 333 of the FAA Reform Act.

Dear Sir/Ma’am:

Pursuant to Section 333 of the FAA Modernization and Reform Act of 2012 Pixelhawk Aerial

Cinematography LLC, the operator of small Unmanned Aircraft Systems (UAS) seeks an

exemption from the Federal Aviation Regulations (FARs) 14 CFR §§ 61.23(a) and (c),

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 the extent necessary to allow

Pixelhawk Aerial Cinematography LLC to operate a UAS to perform aerial data collection.

The requested exemption would permit Pixelhawk Aerial Cinematography, LLC to

commercially operate UAS for the following purposes:

∙ Airborne photography and videography

∙ Emergency services support

∙ Search and rescue

∙ Emergency Services training

∙ UAS operations training

∙ UAS capability demonstrations

Furthermore, Pixelhawk Aerial Cinematography LLC will research, develop, and commercially

operate UAS to conduct:

∙ Agriculture and land surveying

∙ News gathering and reporting

∙ Railroad inspections

∙ Bridge inspections

∙ Infrastructure inspection

∙ Tall structure inspections (smokestacks, cell phone towers, windmills, and electrical

transmission towers, ect.)
The primary purpose of Pixawlhawk is to assist other industries by providing safe and efficient

UAS support. The uses of UAS to perform airborne photography and

videography as well as aerial inspections and surveying have two major benefits. First, small

UAS are considerably safer than using manned aircraft in the previously mentioned tasks,

and also reduces the fall risk of workers. Second, UAS allows the completion of many tasks

at a fraction of the cost using traditional means. Granting this exemption is in the public

interest because it will dramatically enhance safety, lower­cost, and improve the efficiency of

many industries.

Pixelhawk Aerial Cinematography LLC will conduct the aforementioned tasks by using the

following small sized UAS: DJI Phantom 2 vision+, DJI Phantom 3 Professional. The listed

UAS are very small, all weighing less than 25 pounds, and have advanced navigation systems

and automated control features that enhance safety.

Pixelhawk Aerial Cinematography LLC respectfully submits a grant of exemption is in the

public interest because the use of small UAS in lieu of comparatively more expensive and

hazardous fixed and rotary wing aircraft or other conventional manned methods of inspection

greatly enhances efficiency and achieves a level of safety that is significantly higher.

Furthermore, Pixelhawk Aerial Cinematography LLC will assist other industries in the safe

application of UAS and promote the benefits of safe UAS operations. Approval of this

exemption would enhance safety and fulfilled the Secretary of Transportation's responsibility

under the section 333(c) of the FAA Modernization and Reform Act of 2012 to “establish

requirements for the safe operation of such aircraft systems in the national airspace system.”

Name and address of the applicant:

Mark N. Goodwin

Pixelhawk Aerial Cinematography

Cell: (918) 852­3942

Email: nick.tpd@gmail.com

Address: 1535 E 77th St,

Tulsa, OK 74136

JUSTIFICTION UNDER SECTION 333

According to the FAA’s Public Guidance for Petitions for Exemption Filed under Section 333
“Section 333 grants the Secretary of Transportation the authority to determine if an unmanned

aircraft system, as a result of its size, weight, speed, operational capability, proximity to airports

and populated areas, and operation within visual line of sight does not create a hazard to users of

the national airspace system or the public or pose a threat to national security”. Pixelhawk Aerial

Cinematography LLC submits that the small size and weight of the purposed UAS coupled with

the fact that the operations will be conducted at low altitudes, slow airspeed, and within visual

line of sight of the operator; our operations pose no potential hazard to the national airspace

system, general public, or present any threat to national security.

Airworthiness of the UAS

The Federal Aviation Act (49 U.S.C.§44701 (f)) and Section 333 of the Reform Act both

authorize the FAA to exempt aircraft from the requirement for an airworthiness certificate, upon

consideration of the size, weight, speed, operational capability of the particular UAS. Pixelhawk

Aerial Cinematography LLC purposes using DJI Phantom 2 vision+, Tarot X4 and Tarot 650.

The proposed systems have the inherent advantage of being small in size and battery­operated

therefore do not carry flammable fuel, this significantly reduces any potential damage in the

event of a mishap. Pixelhawk Aerial Cinematography LLC will operate the proposed UAS below

400 feet AGL, at speeds less than that recommended by the manufacturer, and at all times less

than 50 knots. Operations will only be conducted in during daylight hours, in uncontrolled

airspace, unless specific permission is granted by the controlling agency, and within visual line

of sight of the operator.

Operation of the UAS

Pixelhawk Aerial Cinematography LLC will ensure that the exemption does not adversely

affect safety and will operate at a level of safety at least equal to existing rules by operating

with the following limitations and conditions:

∙ All operations will strictly adhere to manufactures owners, operators and maintenance

manual.

∙ All operations will occur in class G airspace, unless specifically authorized by the

controlling authority.

∙ All operations will be conducted during daylight hours.

∙ All operations will occur below 400 feet AGL.

∙ All operations will be conducted and visual meteorological conditions with visibility of at

least three nautical miles.
∙ All operations will be conducted with at least 500 feet below clouds and with a horizontal

separation of at least 2000 feet.

∙ At no time will the operator allow the aircraft within 500 feet of nonparticipating person,

structure, or vehicle.

∙ Preflight operations will be conducted in accordance with the manufacturer's

recommendation and preflight checklist.

∙ All maintenance will be conducted in accordance with manufacturers recommendations

and documented in the aircraft logbook

PIC Requirements

Pixelhawk Aerial Cinematography LLC respectfully submits that the operator requirements

should take into account the advanced internal navigation and autopilot systems of the proposed

UAS. The DJI and ASCTEC systems both have a high degree of control and are extremely

stable even in high wind environments. Both companies incorporate various built­in capabilities

that limit the potential for operations outside of the aircraft capability.

The pilot in charge (PIC) is solely responsible for the safe operation of the UAS. Pixelhawk

Aerial Cinematography LLC will only use PIC’s who possess and FAA commercial or private

pilot's license and a class III medical. Pixelhawk Aerial Cinematography LLC will also ensure

that all PICs comply with manufacturer training requirements, and have been deemed safe and

proficient by the chief pilot.

The regulations from which the exemption is requested are as follows:

14 C.F.R. Part 21;

14 C.F.R. 45.23(b);

14 C.F.R. 61.113(a) & (b);

14 C.F.R. 61.133(a);

14 C.F.R. 91.7(b);

14 C.F.R. 91.9(b)(2);

14 C.F.R. 91.109(a);

14 C.F.R. 91.119;

14 C.F.R. 91.121;

14 C.F.R. 91.151(a);
14 C.F.R. 91.203(a) & (b);

14 C.F.R. 91.405(a);

14 C.F.R. 91.407(a)(1);

14 C.F.R. 91.409(a)(2);

14 C.F.R. 91.417(a) & (b).

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

Subpart H, Airworthiness Certificates, establishes the procedural requirements for the issuance

of airworthiness certificates as required by FAR §91.203 (a) (1). Given the size and limited

operating area associated with the aircraft to be utilized by Pixelhawk Aerial Cinematography

LLC, an exemption from Part 21 Subpart H meets the requirements of an equivalent level of

safety under Part 11 and Section 333 of the Reform Act. The Federal Aviation Act (49

U.S.C.§44701 (f)) and Section 333 of the Reform Act both authorize the FAA to exempt

aircraft from the requirement for an airworthiness certificate, upon consideration of the size,

weight, speed, operational capability, and proximity to airports and populated areas of the

particular UAS. Our small UAS's will be operated at low speed in a controlled environment,

away from airports and any densely populated area. An analysis of these criteria demonstrates

that the UAS's operated without an airworthiness certificate, in the restricted environment and

under the conditions proposed will be at least as safe, or safer, than a conventional aircraft

(fixed wing or helicopter) operating with an airworthiness certificate without the restrictions

and conditions proposed.

The UAS to be operated is less than 25 lbs. fully loaded, carries neither a pilot nor passenger,

carries no flammable liquid fuels, and operates exclusively within a secured area. Like other civil

aircraft, operations under this exemption will be tightly controlled and monitored by the PIC. If

required, the FAA and general public will have advance notice of all operations.

These safety enhancements, which already apply to civil aircraft operated in connection with

private property, industrial sites, railroad yards and the like provide a greater degree of safety to

the public and property owners than conventional operations conducted with airworthiness

certificates issued under 14 C.F.R. Part 21, Subpart H. Lastly, application of these same criteria

demonstrates that there is no credible threat to national security and the NAS posed by the UAS,

due to its size, speed of operation, location of operation, lack flammable liquid fuels, and limited

ability to carry an external load.

14 C.F.R. § 45.23(b): Marking of the Aircraft

This regulation requires certain experimental, provisionally certificated aircraft, or light­sport

category aircraft to be marked with letters between 2 inches and 6 inches high "limited,"
"restricted," "light­sport," "experimental," or "provisional," near each entrance to a cabin,

cockpit, or pilot station.

Even though the UAS will have no airworthiness certificate, an exemption may be needed as the

UAS will have no entrance to the cabin, cockpit or pilot station on which the word

"Experimental" can be placed. Given the size of the UAS, two­inch lettering will be impossible.

The word "Experimental" will be placed on the fuselage in compliance with §45.29 (f).

The equivalent level of safety will be provided by having the UAS marked on its fuselage as

required by §45.29 (f) where the pilot, observer and others working with the UAS will see the

identification of the UAS as "Experimental." The FAA has issued the following exemptions to

this regulation: Exemptions Nos. 10700, 8738, 10167 and 10167A.

14 C.F.R. § 61.113(a) & (b); 61.133(a): Private Pilot Privileges and Limitations; Pilot in

Command; Commercial Pilot Privileges and Limitations​.

Part 61.113 (a) states that no person who holds a private pilot certificate may act as pilot in

command of an aircraft that is carrying passengers or property for compensation or hire; nor

may that person, for compensation or hire, act as pilot in command or an aircraft. Part 61.113 (b)

states that a private pilot may, for compensation or hire, act as pilot in command of an aircraft in

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

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

hire. Section 61.133(a) requires an individual with a commercial pilot’s license to be pilot in

command of an aircraft for compensation or hire.

Pixelhawk Aerial Cinematography LLC proposes that all operations require that the PIC must

either hold an either a Commercial or Private Pilot Certificate issued by the FAA. Since there are

currently no means available for the pilot of a UAS to gain the experience in an equivalent

category and class in order to apply for a commercial UAS pilot's license, using pilots qualified

under other categories and classes meets or exceeds the present level of safety provided under 14

C.F.R. § 61.113(a) & (b). Given the unique nature of commercial UAS operations we do not

believe that it rises to the level of requiring a commercial pilot to operate the aircraft under§

61.133(a).

14 C.F.R. § 91.7(a): Civil aircraft airworthiness.

This regulation requires that no person may operate a civil aircraft unless it is in airworthy

condition. Should the exemption be granted allowing commercial operation of the UAS without

an airworthiness certificate, no standard will exist for airworthiness of the UAS. Given the size

of the aircraft and the requirements published by the manufacturer for maintenance and the use

of safety checklists prior to each flight, an equivalent level of safety will be provided.
14 C.F.R. § 91.9(b)(2): Civil Aircraft Flight Manual in the Aircraft.

The UAS, given its size and configuration has no ability or place to carry such a flight manual

on the aircraft, not only because there is no pilot on board, but because there is no room or

capacity to carry such an item on the aircraft.

The equivalent level of safety will be maintained by keeping the flight manual at the ground

control point where the pilot flying the UAS will have immediate access to it. The FAA has

issued the following exemptions to this regulation: Exemption Nos. 8607, 8737, 8738, 9299,

9299A, 9565, 9565B, 10167, 10167A, 10602, 32827, and 10700.

14 C.F.R. 91.103: Preflight Action

This regulation requires each pilot in command take certain actions before flight to ensure the

safety of flight. An exemption is needed from this requirement as the pilot will take separate

preflight actions, including checking for weather conditions, checking flight battery

requirements, checking takeoff and landing distances, and all other actions in the manufactures

preflight checklist. These actions will provide an equivalent level of safety.

14 C.F.R. § 91.109(a) & 91.319(a)(1): Flight Instruction

These regulations provide that no person may operate a civil aircraft (except a manned free

balloon) that is being used for flight instruction unless that aircraft has fully functioning dual

controls.

By design, UASs and remotely piloted aircraft do not have fully functional dual controls. Flight

control is accomplished through the use of a control station that communicates with the aircraft

via radio communications. The FAA has previously approved exemptions for aircraft without

fully functional dual controls. The equivalent level of safety provided by the fact that neither a

pilot nor passengers will be carried in the aircraft, the ability to control the UAS via radio

signals from the controller, and by the size and speed of the aircraft.

14 CFR § 91.119: Minimum Safe Altitudes

Section 91.119 establishes safe altitudes for operation of civil aircraft. Specifically, 91.119(c)

limits aircraft flying over areas other than congested areas to an altitude of 500 feet above the

surface, except over open water or sparsely populated areas. In those cases, the aircraft may not

be operated closer than 500 feet to any person, vessel, vehicle, or structure.
The equivalent level of safety will be achieved given the size, weight, speed of the UAS as well

as the location where it is operated. No flight will be taken without the permission of the

property owner. Compared to flight operations with aircraft weighing far more than the

maximum 55 lbs. proposed herein and carrying flammable fuel, any risk associated with our

operations is far less than those presently presented with helicopters and other conventional

aircraft operating at or below 500 AGL. In addition, the low­altitude operations of the UAS will

ensure separation between these UAS operations and the operations of conventional aircraft.

14 C.F.R § 91.121 Altimeter Settings

This regulation 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." As the UAS does not have a barometric altimeter,

but instead a GPS altitude read out, an exemption is needed. An equivalent level of safety will be

achieved by the operator confirming the altitude of the launch site shown on the GPS altitude

indicator before flight.

14 C.F.R. § 91.151(a): Fuel Requirements for Flight in VFR Conditions

This regulation prohibits an individual from beginning “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.”

An equivalent level of safety can be achieved by limiting flights to what the manufacturer

recommends, or enough battery reserve to ensure that the UAS lands at the ground station with at

least 25% of battery power (as determined by the onboard monitoring system and the pilot),

whichever happens first. This restriction would be more than adequate to return the UAS to its

planned landing zone from anywhere in its limited operating area. Similar exemptions have been

granted to other operations, including Exemptions 2689F, 5745, 10673, and 10808.

14 C.F.R. § 91.203 (a) & (b): Carrying Civil Aircraft Certification and Registration

This regulation requires: “no person may operate a civil aircraft unless it has [. . .] an appropriate

and current airworthiness certificate”. “(b) No person may operate a civil aircraft unless the

airworthiness certificate required by paragraph (a) of this section or a special flight authorization

issued under §91.715 is displayed at the cabin or cockpit entrance so that it is legible to

passengers or crew”.
An equivalent level of safety will be achieved by keeping these documents at the ground

control point where the pilot flying the UAS will have immediate access to them. The FAA has

issued numerous exemptions to this regulation. A representative sample of other exceptions

includes Exemption Nos. 9565, 9665, 9789, 9789A, 9797, 9797A, 9816A, and 10700.

14 C.F.R. § 91.405(a); 407(a)(1); 409(a)(2); 417(a) & (b): Maintenance Inspections

Section 91.405(a) requires 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 .

. . .” Section 91.407 similarly makes reference to requirements in Part 43; Section

91.409(a)(2) requires an annual inspection for the issuance of an air worthiness certificate.

Section 91.417(a) requires the owner or operator to keep records showing certain maintenance

work that has been accomplished by certificated mechanics, under Part 43, or licensed pilots and

records of approval of the aircraft for return to service.

Given that these section and Part 43 apply only to aircraft with an airworthiness certificate, these

sections will not apply to Pixelhawk Aerial Cinematography LLC UAS. An equivalent level of

safety, given the small size and unique characteristics of the aircraft, will be maintained by the

operator accomplishing and documenting all required maintenance specified by the

manufacturer.