July 8, 2015

U.S. Department of Transportation

Docket Management System

1200 New Jersey Ave. SE

Washington, DC 20590

Ref: Exemption Request Section 333 of the FAA Reform Act 

To Whom It May Concern,

In accordance with Section 333 of the FAA Modernization and Reform Act of 2012 and 14 C.F.R. Part

11, The Oxios Agency, a licensed business in the State of Arizona, hereby applies for exemptions from 

the following Federal Aviation Regulations (FARs) in order to operate a small Unmanned Aircraft

System (UAS) for commercial applications in airspace that is governed by the Federal Aviation

Administration (FAA). All flight operations will be conducted under the conditions and boundaries 

outlined herein or as established by the FAA in accordance with Section 333.

The exemptions, as requested by the Oxios Agency, would permit the provision of commercial services 

to customers that are in need of aerial imagery from a UAS. The Oxios Agency requests these 

exemptions in order to perform commercial flights in the following areas:

• Real Estate Photography

• Golf Course Photography

• Commercial Property Construction

• Aerial Inspection

• Special Events

All flights will be conducted over private or controlled access property with the consent and knowledge 

of the property owner or controlling party. All flight operations will maintain a 500 foot buffer from all 

nonparticipating persons, vessels, vehicles, and structures unless sufficient barriers are in place to

protect nonparticipating persons from undue harm. Flight operations will also only be operated near 

vessels, vehicles, and structures where the property owner/controller has granted permission and a

safety assessment has been made.

All of the Oxios Agency’s flight operations will be conducted by pilots that are holding current

FAA Private, Student or Commercial Licenses with appropriate medical certificates. All visual observers 

(VO) will be trained to perform their required duties before flight operations begin.

REGULATIONS FROM WHICH AN EXEMPTION IS REQUESTED: 

• 14 CFR 61.113(a)

• 14 CFR 91.7(a)

• 14 CFR 91.119(c)

• 14 CFR 91.121

_________________________________________________________________________________

The Oxios Agency | 18631 N. 1st Ave | Phoenix, Arizona | (480) 233-7347
• 14 CFR 91.151(a)

• 14 CFR Subpart E (91.401 – 91.417)

THE UNMANNED AIRCRAFT SYSTEM (UAS) 

The proposed UAS and any future UAS used to perform services and flight training will be registered in 

accordance with 49 U.S.C. 44103, Registration of Aircraft, as well as 14 C.F.R Part 47, Aircraft 

Registration, and marked in accordance with 14 C.F.R. Part 45, Identification and Registration Marking.

DJI Phantom 3 Professional 

The Oxios Agency is seeking this exemption in order to operate a DJI Phantom 3 Professional

quadcopter equipped with the DJI Remote Controller Ground Control Station (GCS), a 3-axis Gimbal 

and built-in DJI 4K/12Megapixel camera. DJI’s Pilot app software will be the GCS operating system. 

Safety failsafe features equipped ensuring safe operations include:

• Geofence capability that will limit the height and horizontal distance that the Phantom 3 can fly 

from the operator.

• Return to Home and Land mode- In the case of low battery or lost communication between the 

Phantom 3 and the operator, the Phantom 3 will return to the point of takeoff and land itself. 

This mode can be manually turned on by the operator at any point in the flight.

• Land mode- Loss of GPS signal will engage land mode. The Phantom 3 will land automatically at 

its current position if in a flight mode that requires GPS signal.

• Telemetry radio communication provides real time feedback

• GPS and Global Navigation Satellite System (GLONASS) combine to make the Phantom 3 

completely aware of its location and relation to the pilot. It hovers more precisely, moves more 

_________________________________________________________________________________

The Oxios Agency | 18631 N. 1st Ave | Phoenix, Arizona | (480) 233-7347
accurately, and locks onto satellites faster. With the new availability of GLONASS, a minimum of 

36 satellites are available to the pilot around the world at any time

A list of the UAS specifications from the manufacturer’s operator manual is included in this petition.

 

EXEMPTION REQUESTS AND EQUIVALENT LEVEL OF SAFETY

The Oxios Agency requests an exemption from the following regulations as well as any additional 

regulations found by the FAA to be necessary for safe and efficient UAS flight operations:

14 CFR 61.113(a), Private pilot privileges and limitations: Pilot in command 

This regulation states that no person holding 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 of an aircraft.

The extent of relief sought and reasons: 

We believe that a Pilot in Command (PIC) with a current Third Class Private license or Student Pilot

license or higher along with a medical certificate has sufficient skills and knowledge to complete 

operations, especially after completing a UAS knowledge and training course. We do not think that a 

commercial pilot license will significantly improve a PIC’s performance while operating a UAS. The PIC of 

the UAS will be, or be under the direct supervision of, a FAA Certificated Private Pilot with current Third 

Class or higher medical certificate. It is believed that the operation and limitations set forth in the flight 

operations manual will equate to the safe operation of the UAS. Therefore, we ask for an exemption 

from 14 CFR 61.113(a) in order to operate commercially with the minimum of a private pilot license.

14 CFR 91.7(a) Civil aircraft airworthiness 

This regulation states that no person may operate a civil aircraft unless it is in an airworthy condition.

The extent of relief sought and reasons: 

The DJI Phantom 3 Professional UAS does not require an airworthiness certificate in accordance with 

14 C.F.R. Part 21, Subpart H. As such, the Oxios Agency submits that it will ensure that the UAS is in an 

airworthy condition, prior to every flight, by determining that the UAS is in compliance with the 

operating documents (i.e., User Manuals, Maintenance Manuals, and Safety Guidelines issued by DJI), 

and that the UAS is in a condition for safe flight. Therefore, we request exemption from this regulation.

14 CFR 91.119(c) Minimum safe altitudes 

This regulation states that no person may operate an aircraft below 500 feet above the surface as well 

as within 500 feet of any person, vessel, vehicle, or structure.

The extent of relief sought and reasons: 

We believe that, because of the nature of most UAS operations, an exemption is required in order to 

allow operation closer than 500 feet to vessels, vehicles, or structures as long as permission is granted 

from the owning/controlling parties and an assessment is made to assure that people and property are 

safe from undue harm. We also request that operations be allowed over congested areas as long as 

the operations stay within the following standards:

_________________________________________________________________________________

The Oxios Agency | 18631 N. 1st Ave | Phoenix, Arizona | (480) 233-7347
• Flight operations will remain 500 feet from all nonparticipating persons, vehicles, and structures 

unless:

a. Barriers or structures are present that sufficiently protect nonparticipating persons from debris 

in the event of an accident.

b. Participating persons are made aware of the dangers of the UAS operation and the safety 

precautions that have been put into place.

c. The aircraft is operated near vessel, vehicles, or structures only where the property 

owner/controller has granted permission and the PIC has made a safety assessment in regard 

to the close operation to these objects.

d. Operations near the PIC or VO do not present an undue hazard to the PIC or VO per 91.119(a).

e. All operations will be conducted over private or controlled-access property with prior 

permission from the property owner/controller or authorized representative.

14 CFR 91.121 Altimeter settings 

This regulation requires each person operating an aircraft to maintain cruising altitude by reference to 

an altimeter.

The extent of relief sought and reasons: 

As our UAS does not utilize a standard barometric altimeter, we request exemption from 91.121 to the 

extent necessary to comply with applicable conditions and limitations. The altimeter reading for our 

UAS is calculated by GPS. The accurate and continuous readings that we receive from this GPS system 

allow us to operate the UAS below set minimums at all times. Therefore, we request exemption from 

this regulation.

14 CFR 91.151(a) Fuel requirements for flight in VFR conditions 

This regulation states that no person may begin a flight in an airplane under day-VFR conditions unless 

there is enough fuel to fly to the first point of intended landing and, after that, fly for an additional 30 

minutes. This regulation is intended to create a safe flying environment by creating sufficient fuel 

reserves. 

The extent of relief sought and reasons: 

Therefore, we do not request an exemption from this regulation but, instead, request that the term 

“fuel” be changed to “battery power.” We also request that our battery power reserve for our UAS 

operations be 30%. Our UAS has capabilities that allow the PIC to monitor battery power levels as well 

as a return to land feature that will engage when battery levels reach a critical level, therefore returning 

the UAS automatically to the point of takeoff.

14 CFR Subpart E (91.401 – 91.417) 

These regulations mandate stringent maintenance regulations that are designed to increase the safety 

of the flying environment by ensuring adequate inspections and servicing of aircraft. 

The extent of relief sought and reasons: 

We are requesting exemption from these regulations because we believe that, due to the simplicity and 

the ease of repair, general and preventive maintenance can be performed by the PIC. The PIC is

required to make a thorough preflight inspection before each operation. In the case of a discovery of 

faulty equipment, most replacement and repair can simply be done on site as long as repairs are of an 

_________________________________________________________________________________

The Oxios Agency | 18631 N. 1st Ave | Phoenix, Arizona | (480) 233-7347
airworthy manner. Major repair will still have to be performed by a licensed repair facility which will be 

logged in the UAS records.

We believe that our comprehensive preflight inspection, the simplicity of the UAS itself, the nature of 

the UAS’s operations, and the fact that no passengers are on board the aircraft make our operations 

eligible for exemption from CFR Subpart E (91.401 – 91.417).

EXERCISE OF PRIVELEGES OUTSIDE THE UNITED STATES 

The Oxios Agency requests exemption privileges to operate the UAS outside of the United States, 

particularly in the country of México. Our company offers marketing services to golf course operators 

and management companies throughout México and also owns and manages two web sites that 

promote golf to tourists worldwide: GolfRockyPoint.net and Golfof Mexico.net. Being that our services 

is based out of Phoenix, Arizona, the closest Mexico tourist destination and prime web site activity is 

focused on Puerto Peñasco, Sonora México. At a minimum, the Oxios Agency requests to perform UAS 

operations specifically in the city of Puerto Peñasco (also known as “Rocky Point” to Americans and 

Canadian tourists) if a blanket authorization is not granted for the entire country. Secondary, tertiary

and other markets would include (Los Cabos, Cancun, Ensenada, Nayarit and Puerto Vallarta vacation 

regions). The Oxios Agency would exercise the same safety practices and procedures regulated by the 

FAA for national UAS operations outlined in this petition for services performed in México.

 

PUBLIC INTEREST & SAFETY 

The enhanced safety of small unmanned UAS eliminates the greater risk alternatives when using larger 

manned aircraft, carrying fuels at low altitudes. In addition this relatively new technology provides 

clients access to photographic and videography services and information that were previously not 

financially cost effective. Conducting aerial acquisitions with a UAS, instead of manned aircraft, will 

greatly benefit the public by drastically reducing the levels of air and noise pollution generated during 

traditional aerial video and still photography flight operations. By using battery power and electric 

motors, our UAS will produce no air pollution, and is the most viable environmentally conscious 

alternative to the internal combustion engine aircraft that are typically utilized for aerial video and 

photography, while burning approximately 20-30 gallons per hour of leaded aviation fuel. Our UAS, 

while reducing the carbon footprint during flights, will also eliminate noise pollution, as the UAS is 

propelled by a battery powered electric motor, rather than an internal combustion engine.

The FAA, by granting the Oxios Agency’s exemption request, will serve to stimulate development of 

viable commercial UAS operations while guiding the public's understanding of how UAS can be legally 

and beneficially integrated into the National Air Space, NAS.

FLIGHT OPERATIONS 

The operator and PIC will guarantee that operations adhere to strict standards as set below:

• Prior to their first operation, all Pilots in Command (PIC) employed by the Oxios Agency will 

complete a UAS training program that highlights critical areas including applicable regulations 

and documents, charts, Small UAS Aerodynamics, Weather Factors and Safe Operating 

Procedures.

_________________________________________________________________________________

The Oxios Agency | 18631 N. 1st Ave | Phoenix, Arizona | (480) 233-7347
• The PIC must show that they are able to safely operate the UAS in a safe manner before 

proceeding with operations.

• The UAS will be operated at airspeeds below 29 knots.

• The UAS will be operated below 400 feet above ground level (AGL) at all times.

• The UAS will be operated within visual line of sight (VLOS) at all times.

• All operations will utilize a visual observer (VO). The UAS will be operated within the visual line of 

sight (VLOS) of the PIC and VO at all times.

• The VO will not perform any other duties beyond assisting the PIC with seeing and avoiding 

traffic and other ground based obstacles.

• Proper preflight inspections will take place before each flight.

• The UAS may not operate within 5 nautical miles of an airport reference point unless a letter of 

agreement with that airport’s management is obtained or a Certificates of Waiver or 

Authorization (COA) is granted by the FAA for specific UAS operations

• Operations will be conducted in accordance with a Notice to Airmen (NOTAM).

• The UAS may not be operated less than 500 feet below or less than 2,000 feet horizontally from 

a cloud or when visibility is less than 3 statute miles from the PIC.

• The PIC must maintain a battery reserve that allows the UA to return to point of landing at 

normal cruise speed and land with 30% battery power.

• The UAS must remain clear of and yield to all other air traffic.

• Flight operations will remain 500 feet from all nonparticipating persons, vehicles, and structures 

unless:

a. Barriers or structures are present that sufficiently protect nonparticipating person from 

debris in the event of an accident.

b. All participating persons will be made aware of the dangers of flying a UA and the safety 

precautions and features that are in place.

c. The aircraft is operated near vessel, vehicles, or structures where the property 

owner/controller has granted permission and the PIC has made a safety assessment in 

regard to the close operation to these objects.

_________________________________________________________________________________

The Oxios Agency | 18631 N. 1st Ave | Phoenix, Arizona | (480) 233-7347
d. Operations near the PIC or VO do not present an undue hazard to the PIC or VO per 

91.119(a).

• All operations will be conducted over private or controlled-access property with prior 

permission from the property owner/controller or authorized representative.

ECONOMIC BENEFITS 

In addition to being safe and efficient, the petitioner’s UAS is also an economical alternative to using 

manned aircraft to conduct similar aerial operations. As such, operation of the UAS’s such as the 

Petitioners’ UAS will allow companies, like the Oxios Agency, to remain competitive and contribute to 

the growth of the U.S. economy. Specifically, with the rising cost of aviation fuel and the Environmental 

Protection Agency (“EPA”) regulatory actions phasing out leaded aviation fuels, U.S. owned and 

operated companies must adopt new and alternative technology in order to remain competitive. 

Operating the battery powered UAS is one such technology that not only allows companies greater 

operational flexibility compared to manned aircraft, but provides such flexibility without the high 

operational cost of a traditional manned aircraft.

CONCLUSION 

The Oxios Agency is confident that the knowledge of the PIC, along with the strict safety standards set 

by the Oxios Agency, the FAA, and the physical safety properties of the UAS, will allow safe and efficient 

operations. Granting the present Petition will further the public interest by allowing the Oxios Agency 

to safely, efficiently, and economically perform aerial video and photography of client sites, events, and 

landscape over certain areas of the United States. Additionally, use of the UAS will decrease congestion 

of the NAS, reduce pollution, and provide significant benefits to the economy. Notably, the benefits of 

the Oxios Agency's proposed operation of the UAS will be realized without implicating any privacy 

issues.

The Oxios Agency hereby requests exemption under Section 333 in order to pursue commercial UAV 

applications with the intent to provide customers with the safest, highest quality platform available.

Sincerely,

Jason Oxios, Owner

The Oxios Agency

18631 N. 1st Ave

Phoenix, AZ 85027

Attachments: 

• DJI Phantom 3 Professional specifications from the manufacturer’s operator manual

_________________________________________________________________________________

The Oxios Agency | 18631 N. 1st Ave | Phoenix, Arizona | (480) 233-7347