ALX	3D	Designs	LLC

– 1932	77 th pl

– Lubbock,	TX	79423

– (806)	535

- 3825 1 January	7,	20 16

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	1 4	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	produ ction of	3D	video	and	photogrammetry models using	th e	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	t o	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	ph otogrammetry	models, owning	and/ or	providin g	scanning	and	photogrammetry	services	in	7 US	cities.			In

addition	to	3D	s canning	services

, ALX	3D	also	offers	video	editing	and	production for	several	industries	including	real	estate,	construction,	and	artwork	installments.

ALX	3D	also	owns	real3Destat es.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	ab le	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	77 th 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	t he	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	dangero us	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	estimat e 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

amoun t	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	eq uipment	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	geo graphic	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	w ill	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	crucia l information	for	its	clients	and	the	general	public. Grant ing 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

author ities	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	77 th pl

– Lubbock,	TX	79423

– (806)	535

- 3825 3 As	discussed	in	more	detail	below, ALX	3D is committed	to	the	safe	operations o f	its UAS,	and	will	adhere	to	stringe nt	operating	conditions	in	confor mity	with	past grants	of	exemption.	These	conditions	ensure	that ALX	3D will	operate	safely	in	the national	airspace, mitigate the	risks	of	harming	ot her	aircraft	or	people	or	proper ty

o n	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	requ ested	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	gra nt	process.	Specifically,	the	public

inte rest	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	condi tions	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	77 th 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	77 th 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	operat ing	parameters	when	operating

U AS pursuant	to a	grant	of	the	requested	exemption:

1.	Operations	will	be	conducted	using	th e 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	tha n	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	("CO A'').

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	transpor t,	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	mann er	consistent	with	how	the	UAS

w ill	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	mann er	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	77 th 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 i n	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	U AS	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	abor t	the flight in	the	event	of	unpredicte d	obstacles	or emergencies,	and will	yield	to	all	manned	aviation	activities.

12. ALX	3D will register	and	mark	its	UAS	in	accorda nce	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	exemp tion	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,	w eight,	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

sys tem	or	the	public	or	pose	a	threat to	national security." 3 Section	333	fu rther

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	unde r	certain	provisions	of	the	Act	where	such exemptions	a re	in	the public	interest. 5 Par t	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	th e	following	summar y	pursuant	to	section	11.81	of	the	FAA's	rules: 7ALX	3D	Designs	LLC

– 1932	77 th 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	t he	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.	§	9 1.407(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 AL X	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	LLCALX	3D	Designs	LLC

– 1932	77 th pl

– Lubbock,	TX	79423

– (806)	535

- 3825 7 1

-- See	Exemption	No. 11274A	to	United	Services	Automobile	Associa tion, Regulator y	Docket	No.	FAA

- 2014

- 0796	(authorizing	use	of	the	3 DR	Solo,	DJI Phantom	3,	and	DJI	i nspire);	Exemption	No.	11875	to	Green	Bee Limited,	Regulatory

Docket	No.	F	AA

- 20	15

- 0698	(authorizing	use	of	th e	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	En gineering	Services	LLC,	Regulator y Docket	No.	FAA

- 20	15

- 1690	(J ul.	27,	20 15).

3

-- Pub.	L.	No.	112

- 95,	126	Stat.	75

- 76	(codified	as	a	Note	to	49	U.S.C.	§	40101).

4

-- I d.

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

-- I d.§	11.81(f ).