ALX	3D	Designs	LLC	– 1932	77th pl	– Lubbock,	TX	79423	– (806)	535	-3825 1

January	7,	2016

U.S.	Department	of	Transportation

Docket	Management	System

1200	New	Jersey	Ave.,	SE

Washington,	D.C.	20590

Re:	Petition	ALX	3D	Designs	LLC for	Exemption	from	Certain	Federal	

Aviation	Regulations	to	Operate	Unmanned	Aircraft	Systems	Pursuant	to	

Section	333	of the	FAA	Modernization	and	Reform	Act

Dear	Sir	or	Madam:

Pursuant	to	Section333	of	the	FAA	Modernization	and	Reform	Act	("FMRA")	

and	14	C.F.R.	part	11,	ALX	3D	Designs	LLC	("ALX	3D")	hereby	petitions	the	Federal	

Aviation	Administration	("FAA")	for	exemption	from	14	C.F.R.	§§	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,	91.15l(a)(l),	

91.405(a),	91.407(a)(l),	91.409(a)(l)	and	(2),	and	91.417(a)	and	(b),	and	any	other	

rules	the	FAA	deems	necessary,	to	enable	ALX	3D	to	operate	unmanned aircraft	

systems	("UAS")	for	aerial	data	collection.	Specifically,	ALX	3D seeks	to	operate	UAS	

for	commercial	production of	3D	video	and	photogrammetry	models using	the	DJI	

Phantom	2,	DJI	Phantom	3,	and	the	DJI	Inspire	1.	 Because this	petition	is	similar	in	

all	material	respects	to	previously	granted Section	333	petitions,	ALX	3D requests	

expedited	approval	pursuant	to	the	FAA's	summary	grant	process.

I.	PROPOSED	OPERATIONS	AND	PUBLIC	INTEREST	BENEFITS

ALX	3D	Designs	is	an	employee-owned	company	and	one	of	the	nation’s	

leading	providers	of	certain	types	of	3D	scanning	and	photogrammetry	models,	

owning	and/or	providing	scanning	and	photogrammetry	services	in	7	US	cities.			In	

addition	to	3D	scanning	services, ALX	3D	also	offers	video	editing	and	production	

for	several	industries	including	real	estate,	construction,	and	artwork	installments.		

ALX	3D	also	owns	real3Destates.com	(a	Texas	based,	real	estate	focused	3D	

modeling	site).		

ALX	3D	strives	to	provide	the	most	immersive	and	accurate	3D	models	

available	to	clients	and	the	public	in	general	through	real3Destates.com.		This	3D	

content	is	invaluable	to	clients	in	many	industries	by	allowing	accurate	viewing	and	

surveying	of	a	location	remotely.		UAS	can	provide	a	safe	and	cost	effective	way	to	

achieve	these	objectives.		ALX	3D	seeks	to	use	the	UAS	to	conduct	aerial	data	

collection	that	will	serve	a	variety	of	functions, including	commercial	video	

production,	photogrammetric	models	used	for	surveying,	mapping,	or	evaluating	

different	locations.		Granting	of	this	petition	will	enable	ALX	3D	to	better	serve	its	

clients	and	the	public	across	the	country,	as	ALX	3D	will	be	able	to	obtain	key	aerial	

data	for	mapping	and	surveying	as	well	as	other	content	to	operate	its	business	

more	effectively,	efficiently,	and	safely	than	ever	before.		
ALX	3D	Designs	LLC	– 1932	77th pl	– Lubbock,	TX	79423	– (806)	535	-3825 2

Photos	to	be	used	in	photogrammetry	are	a	central	component	of	ALX	3D’s	

intended use	of	the	UAS.			These	photogrammetric	models	will	serve	a	critical	

function	to	the	community	by	allowing	locations	to	be	viewed,	surveyed,	measured,	

and	mapped	remotely	with	out	need	of	people	and	equipment	on	site.		Some	

locations	may	be	remote	and	have	dangerous	features	or	fragile	ecosystems	where	

the	presence	and	use	of	unnecessary	people	or	equipment	would	become	a	danger	

those	present	and	the	public	as	a	whole.		A	UAS	would	eliminate the	need	for	such	

people	and	equipment	and	possible	error	by	providing	data	to	be	used	in	a	

photogrammetric	model	that	would	provide	all	data	and	reference	material	needed.		

The	benefits	of	accurate	3D	models	to	traditional	surveying	methods	are	well	

documented.		In	but	one	recent	example,	a	private	contractor	was	trying	to	build	

level	platform	for	a	construction	project	by	raising	and	filling	a	retaining	wall	inside	

a	canyon.		The	terrain	and	landscape	made	accurate	surveying	of	the	volume	to	be	

filled	impossible	and	the	end	result	was	the	contractor	just	made	a ballpark	estimate	

for	the	amount	of	dirt	needed.		Several	weeks	into	the	project, and	after	construction	

had	started,	it	became	known	that	the	estimate	was	far	short	and	that	new	plans	

would	have	to	be	drawn	up	and	the	retaining	wall	rebuilt	to	account	for	the	actual	

amount	of	dirt	needed	to	fill	the	volume.		This	mistake	was	not	only	costly	but	

pushed	the	project	back	several	weeks,	required	many	more	man	and	equipment	

hours,	and	put	workers	and	the	public	in	danger	with	an	unnecessary	amount	of	

traffic	and	construction	equipment	present	in	this	inhabited	area.				These	additional	

public	costs	and	risks	would	be	completely	offset	by	use	of	an	UAS	by	ALX	3D.		

Permitting	ALX	3D	to	use	UAS	will	result	in	better	surveying	practices	and	

safer	data	collection.		Through	their	geographic	reach	and	unique	views	UAS	can	

provide	data	and	generate	models	that	data	taken	from	the	ground	cannot,	

enhancing	people’s	ability	to	gain	information	by	providing	the	most	accurate	

reorientation	of	an	area	possible.		Authorization	to	operate	UAS	will	enable	ALX	3D	

to	provide	information	and	imagery	to	the	public	that	is	otherwise	unavailable	given	

existing	barriers,	such	as	those	created	by	environmental	hazards.	Using	UAS,	ALX	

3D	can	ensure	the	safety	of	its	crewmembers	while	also	gathering	crucial	

information	for	its	clients	and	the	general	public.		Granting of	this	petition	could	also	

lead	to	better	emergency	response	on	the	first	responder	side,	as	the	ability	to	use	

UAS	will	enable	ALX	3D	to	assist	public	safety	by	making	available	to	local	

authorities	information	and	images	that	might	not	have	been	immediately	

accessible	using	traditional	surveying	and	mapping	techniques.		

Pursuant	to	this	authorization,	ALX	3D will	conduct	additional	operations	

allowing	it	to	bring	content	to	its	clients and	the	public more	safely,	efficiently,	and	

effectively.		ALX	3D	is	involved	in	the	production	of	commercial	and	marketing	

content.	ALX	3D	will	use	UAS	to	safely	and	efficiently	obtain	interesting	aerial	

footage	that	will	enhance	this	content	and	provide a	unique	perspective	to	the	

public.		

In	addition	to	fostering	significant	public	interest	benefits,	ALX	3D’s	

operations	will	carry	minimal	risk.		Using	UAS	for	data	gathering	will	eliminate	the	

dangers	associated	with	conducting	these	activities	on	foot, using	ground	

equipment, or	in	manned	aircraft	and	enable	ALX	3D	to	efficiently	and	deliver	

complete	and	accurate	data	and	other	content	to	its clients	and	the	viewing	public.		
ALX	3D	Designs	LLC	– 1932	77th pl	– Lubbock,	TX	79423	– (806)	535	-3825 3

As	discussed	in	more	detail	below,	ALX	3D is	committed	to	the	safe	operations of	its	

UAS,	and	will	adhere	to	stringent	operating	conditions	in	conformity	with	past	

grants	of	exemption.	These	conditions	ensure	that	ALX	3D will	operate	safely	in	the	

national	airspace,	mitigate the	risks	of	harming	other	aircraft	or	people	or	property	

on	the	ground,	and	present	no	threat	to	national	security.	Adhering	to	these	

parameters,	ALX	3D will	be	able	to	safely	and	effectively	operate	its	UAS	to	the	

benefit	of	its employees, clients,	and	the	public.

II.	THE	UAS

ALX	3D requests	an	exemption	to	operate	the	DJI	Phantom	2,	DJI	Phantom	3,	

and	the	DJI	Inspire	1,	all	of	which	are	well	below	55	pounds	including	payload.	

Through	the	Section	333	exemption	process,	the	FAA	has	authorized	use	of	all	UAS	

for	which	exemption	is	requested	herein.	1

III.	REQUEST	FOR	SUMMARY	GRANT

Because	this	petition	is	similar	in	material	respects	to	previous	petitions	the	

FAA	has	granted,	ALX	3D requests	that	the	FAA	issue	a	summary	grant	of	exemption	

pursuant	to	the	agency's	expedited	summary	grant	process.	Specifically,	the	public	

interest	and	safety	benefits	ALX	3D's	operations	will	achieve	are	materially	similar	

to	those	recognized	in	Grants	of	Exemption	Nos.	11062	to	Astraeus	Aerial	(see	

Docket	No.	FAA-2014-0352),	Ill	09	to	Clay	co,	Inc.	(see	Docket	No.	FAA-2014-0507),	

11112	to	VDOS	Global,	LLC	(see	Docket	No.	FAA-2014-0382),	and	11213	to	Aeryon	

Labs,	Inc.	(see	Docket	No.	FAA-2014-0642).	ALX	3D will	adhere	to	a	series	of	

operating	parameters	that	will	offer	the	same	level	of	safety	as	the	conditions	the	

FAA	currently	requires	in	its	summary	grants.

2

IV.	APPLICANT	INFORMATION

The	name	and	contact	information	of	the	applicant	is:

Alex	Leach

Owner

ALX	3D	Designs	LLC

1932	77th pl

Lubbock,	TX	79423

Regulations	from	which	exemption	is	requested:

14	C.F.R.	§§	61.23(a)	and	(c);

14	C.F.R.	§§	61.101(e)(4)	and	(5);

14	C.F.R.	§	61.113(a);

14	C.F.R.	§	61.315(a);

14	C.F.R.	§	91.7(a);

14	C.F.R.	§	91.119(c);
ALX	3D	Designs	LLC	– 1932	77th pl	– Lubbock,	TX	79423	– (806)	535	-3825 4

14	C.F.R.	§	91.121;

14	C.F.R.	§	91.151(a)(l);

14	C.F.R.	§	91.405(a);

14	C.F.R.	§	91.407(a)(1);

14	C.F.R.	§§	91.409(a)(l)	and	(2);

14	C.F.R.	§§	91.417(a)	and	(b).

V.	OPERATING	PARAMETERS

ALX	3D	 will	adhere	to	the	following	operating	parameters	when	operating	

UAS	pursuant	to a	grant	of	the	requested	exemption:

1.	Operations	will	be	conducted	using	the DJI	Phantom	2,	DJI	Phantom	3,	and	

the	DJI	Inspire	1.

2.	The	UAS	will	not	be	operated	at	a	speed	exceeding	87	knots	(1	00	miles	per	

hour),	at	an altitude	greater	than	400	feet	above	ground	level,	or,	when	

visibility	is	less	than	3	statute miles,	less	than	500	feet	below	or	2,000	feet	

horizontally	from	a	cloud.	All	operations will	be	conducted	during	the	day	

under	visual	meteorological	conditions.

3.	All	operations	will	be	conducted	in	accordance	with	a	Certificate of	Waiver	

or Authorization	("COA'').

4. All	operations	will	use	a	pilot-in-command	("PIC")	and	a	visual	observer	

("VO"),	and	the UAS	will	remain	within	the	visual	line	of	sight	of	the	PIC	or	

the	VO	at	all	times.	The PIC	will	maintain	VLOS	capability	and	the	ability	to	

communicate	verbally	with	the	VO at	all	times.

5.	The	PIC	will	hold	an	airline	transport,	commercial,	private,	recreational,	or	

sport	pilot certificate,	as	well	as	an	FAA	airman medical	certificate	or	a	valid	

U.S.	driver's	license. The	PIC	will	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.

6.	ALX	3D will	ensure	prior	to	operation	that	the	PIC	has	demonstrated	the	

ability	to	safely operate	the	UAS	in	a	manner	consistent	with	how	the	UAS	

will	be	operated	under	this exemption,	including	evasive	and	emergency	

maneuvers	and	maintaining	appropriate distances	from	persons,	vessels,	

vehicles	and	structures. PIC	qualification	flight	hours and	currency	will	be	

logged	in	a	manner	consistent	with	14 C.F.R.	§	61.51(b).

7.	ALX	3D’s operating	documents	will	be	accessible	during	UAS	operations	

and	made available	to	the	Administrator	upon	request.
ALX	3D	Designs	LLC	– 1932	77th pl	– Lubbock,	TX	79423	– (806)	535	-3825 5

8.	Prior	to	each	flight,	the	PIC	will	conduct	a	pre-flight	inspection	and	

determine	the	UAS	is in	a	condition	for	safe	flight.	If	the	inspection	reveals	a	

condition	that	affects	the	safe operation	of	the	UAS,	the	UAS	will	not	be	

operated	until	the	necessary	maintenance	has been	performed	and	the	UAS	is	

found	to	be	in	a	condition	for	safe	flight.

9.	Any	UAS	that	has	undergone	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	prior	to	conducting	further

operations	under	this	exemption.

10.	ALX	3D will	follow	the	UAS	manufacturer's	maintenance,	overhaul,	

replacement,

Inspection,	and	life	limit	requirements,	as	well	as	safety	bulletins,	for	the	

aircraft	and aircraft	components.

11.	The	PIC	will	abort	the	flight in	the	event	of	unpredicted	obstacles	or	

emergencies,	and will	yield	to	all	manned	aviation	activities.

12.	ALX	3D will register	and	mark	its	UAS	in	accordance	with	14	C.P.R.	parts	

47	and	45.

VI.	THE	FAA'S	AUTHORITY	TO	GRANT	THIS	PETITION

The	FAA	has	authority	to	grant	the	exemption	requested	herein	under	the	

FMRA	and	the Federal	Aviation	Act.	Section	333	of	the	FMRA	deals	specifically	with	

integrating	UAS	into	the national	airspace,	and	directs	the	Secretary	of	

Transportation	to	determine	which	UAS,	"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."3 Section	333	further	

directs the	Secretary	to	"establish	requirements	for	the	safe	operation	of	such	

aircraft	systems	in	the national	airspace	system.	"4 The	Federal	Aviation	Act	

authorizes	the	Administrator	of	the	FAA to	grant	exemptions	from	regulations	

prescribed	under	certain	provisions	of	the	Act	where	such exemptions	are	in	the	

public	interest.	5 Part	11	of	the	Federal	Aviation	Regulations	governs	the

FAA's	exemption	process	and	requirements.6 		The	FAA	has	granted	more	than	1,100	

exemptions to	date	pursuant	to	its	Section	333	and	exemption	authority,	enabling	

commercial	UAS operations	in	a	wide	variety	of	industries.

VII.	SUMMARY	TO	BE	PUBLISHED	IN	THE	FEDERAL	REGISTER

Should	the	FAA	determine	that	publication	in	the	Federal	Register	is	required,	ALX	

3D offers	the	following	summary	pursuant	to	section	11.81	of	the	FAA's	rules:7
ALX	3D	Designs	LLC	– 1932	77th pl	– Lubbock,	TX	79423	– (806)	535	-3825 6

Petitioner:	ALX 3D	Designs	LLC

Sections	of	14	C.	FR.	Affected:	14	C.F.R.	§§	61.23(a)	and	(c);	14	C.F.R.	§§	61.101(e)(4)	

and	(5); 14	C.F.R.	§	61.113(a);	14	C.F.R.	§	61.315(a);	14	C.F.R.	§ 91.7(a);	14	C.F.R.	§	

91.119(c);	14 C.F.R.	§	91.121;	14	C.F.R.	§	91.15l(a)(l);	14	C.F.R.	§	91.405(a);	14	C.F.R.	

§	91.407(a)(l);	14 C.F.R.	§§	91.409(a)(1)	and	(2);	14	C.F.R.	§§	91.417(a)	and	(b).

Description	of	Relief	Sought:	Petitioner	seeks	relief	from	the	requirements	of	14	

C.F.R.	§§ 61.23(a)	and	(c);	14	C.F.R.	§§	61.101(e)(4)	and	(5);	14	C.F.R.	§	61.113(a);	

14	C.F.R.	§ 61.315(a);	14	C.F.R.	§	91.7(a);	14C.F.R.	§	91.119(c);	14	C.F.R.	§	91.121;	14	

C.F.R.	§ 91.151(a)(l);	14	C.F.R.	§	91.405(a);	14	C.F.R.	§	91.407(a)(1);	14	C.F.R.	§§	

91.409(a)(l)	and (2);	14	C.F.R.	§§	91.417(a)	and	(b)	to	operate	unmanned	aerial	

systems	for	newsgathering, content	production,	and	facilities	inspection.

VIII.	CONCLUSION

As	demonstrated	above,	the	UAS	operations	ALX	3D has	proposed	in	this	petition	for

exemption	will	garner	significant	public	benefits	while	presenting	minimal	safety	

risks.		ALX	3D’s petition	satisfies	the	criteria	of	Section	333	of	the	FMRA	and	is	

substantially	similar to	previous	petitions	the	FAA	has	granted,	meriting	a	summary	

grant	of	exemption.	ALX	3D respectfully	requests	that	the	FAA	grant	this	petition	to	

enhance	ALX3D’ ability	to	provide	accurate	and	useful	data	and	content	to	its	clients	

and	public	viewers. Please	do	not	hesitate	to	contact	ALX	3D’s owner, Alex	Leach	of	

ALX	3D	Designs LLC	at	806-535-3825	or	alx3Ddesigns@gmail.com with	any	

questions	about	this	filing.		

Sincerely,

Alex	Leach

ALX	3D	Designs	LLC
ALX	3D	Designs	LLC	– 1932	77th pl	– Lubbock,	TX	79423	– (806)	535	-3825 7

1	-- See	Exemption	No.	11274A	to	United	Services	Automobile	Association,	

Regulatory	Docket	No.	FAA- 2014-0796	(authorizing	use	of	the	3DR	Solo,	DJI	

Phantom	3,	and	DJI	inspire);	Exemption	No.	11875	to	Green	Bee Limited,	Regulatory	

Docket	No.	F	AA-20	15-0698	(authorizing	use	of	the	DJI	Phantom	2);	Exemption	No.	

12023	to William	J.	Henderson,	Regulatory	Docket	No.	FAA-2015-1518	(authorizing	

use	of	the	Yuneec	Q500	Typhoon).	

2	-- See,	e.g.,	Exemption	No.	12160	to	Star	Engineering	Services	LLC,	Regulatory	

Docket	No.	FAA-20	15-1690	(Jul.	27,	2015).

3--		Pub.	L.	No.	112-95,	126	Stat.	75-76	(codified	as	a	Note	to	49	U.S.C.	§	40101).

4	-- Id.	

5	-- 49	U.S.C.	§	44701	(f)	("The	Administrator	may	grant	an	exemption	form	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	is	

in	the	public	interest.").		

6	-- See	49	C.F.R.	Part	1	1.

7	-- Id.§	11.81(f).