Nicholas A Testa (Owner/Operator)

FLYPIX LLC.

1140 Pelican Pl

Safety Harbor, FL 34695

September 29th, 2015

U.S. Department of Transportation

Docket Management System 

1200 New Jersey Ave., SE Washington DC 20590

Re: Exemption Request Pursuant to Section 333 of the FAA Reform Act and Part 11 of 

the Federal Aviation Regulations from:

14 CFR 21 subpart H; 

14 CFR 45.23(b); 

14 CFR 61.113(a); 

14 CFR 91.7(a); 

14 CFR 91.9(b)(2);

14 CFR 91.103;

14 CFR 91.109;

14 CFR 91.119(c);

14 CFR 91.121;

14 CFR 91.151(a);

14 CFR 91.203 (a) and (b);

14 CFR 91.405 (a);

14 CFR 91.407 (a) (1)

14 CFR 91.409 (a)(1) and (2);

14 CFR 91.417(a) and (b)
To whom it may concern:

Pursuant to Section 333 of the FAA Modernization and Reform Act of 2012 and 14 CFR 

Part 11, Nicholas A. Testa owner and operator of FLYPIX LLC., hereby applies for an

exemption from the listed Federal Aviation Regulations to allow commercial operation of 

a small UAS, so long as such operations are conducted within and under the conditions 

outlined herein or as may be established by the FAA as required by Section 333, for all 

operators of small Unmanned Aerial Systems (UAS) working for FLYPIX LLC.

Commercial operation small UAS, as described herein, which are equipped with cameras 

and sensors, would operate in the following manner:

1. Aerial photography and/or video for public and/or private use including real estate,

architecture, land surveying, engineering and other related professional activities.

2. Aerial video and/or photography for public and/or private use including television, 

public events, and cinematography.

3. Aerial inspection/photography of residential/commercial structures under contract with

the owners or local government authority.

4. Aerial video/photography or providing live video feed to assist with search and rescue

operations in cases of an emergency or natural disaster only when the local authorities or

government has requested it by contract or donation.

As described below, the requested exemption would permit the operation of small UAS 

under controlled conditions in the NAS that would be a) limited b) controlled c) 

predetermined and d) will provide safety enhancements to the already safe operations in 

the industry presently using conventional aircraft. Approval of this exemption would 

thereby enhance safety and fulfill the Secretary of Transportation's (the FAA 

Administrator's) responsibilities to “.... establish requirements for the safe operation of 

such aircraft systems in the national airspace system."

The name, phone, email and address of the applicant:

Name: FLYPIX LLC.

 Nicholas A. Testa (Owner/Operator)

Phone: (727) 450-9651

Email: cuttingedge727@icloud.com

Address: 1140 Pelican Pl 

Safety Harbor, FL 34695
Regulations from which the exemption is requested:

14 CFR Part 21 subpart H

14 CFR 45.23 (b)

14 CFR 61.113(a)

14 CFR 91.7 (a)

14 CFR 91.9 (b) (2)

14 CFR 91.103

14 CFR 91.109

14 CFR 91.119(c)

14 CFR 91.121

14 CFR 91.151 (a)

14 CFR 91.203 (a) & (b)

14 CFR 91.405 (a)

14 CFR 91.407 (a) (1)

14 CFR 91.409 (a) (2)

14 CFR 91.417 (a) & (b)

The small UAS's I will be using are multi-rotor craft that weigh less than 55lbs. including 

payload. Under normal conditions they operate at speeds under 45 Mph or 39 Knots and 

have the ability to hover and move along a vertical and horizontal plane simultaneously. 

They will operate visual line of sight by the exempted persons only obeying all other 

local and federal laws. Given the size and performance of the small UAS and the 

controlled environment provided, the proposed operations will adhere to the Reform 

Act's safety requirements. The approval of this application presents no national security 

issues. Regarding the level of safety surrounding the proposed operations and the public 

benefit, reduction in environmental impacts, including but not limited to reduced 

emissions and noise, the grant of the requested exemption is in the public interest. 

Accordingly the applicant requests that the FAA grant the requested exemption with 

minimum delay. 
AIRCRAFT AND EQUIVALENT LEVEL OF SAFETY The operation limitations 

proposed for an equivalent or higher level of safety because operations will further 

enhance the safety of the persons and/or property using conventional aircraft. These 

limitations and conditions to which the applicant agrees to adhere to when conducting

commercial operations under the FAA issued exemption as set forth in the Flight 

Operations Manual

(FOM) include:

1. The small UAS will weigh less than 55 lbs.

2. Flights will be operated within line of sight of a pilot and/or observer.

3. Maximum flight time for each operational flight will be 30 minutes. Flights will be 

terminated at 25% battery power reserve or 30 minutes of flight time whichever occurs 

first.

4. Flights will be operated at an altitude of no more than 400 feet Above Ground Level 

(AGL) and not more than 200 feet above an elevated platform from which filming is 

planned.

5. Minimum crew for each operation will consist of the small UAS Pilot in Command 

(PIC), the Visual Observer (VO) when needed and may include but not limited to a 

Camera Operator.

6. A briefing will be performed regarding the planned small UAS operations prior to each 

day's flight consisting of all the days' production activities.

7. The PIC will obtain verbal/written consent of all persons involved with the planned 

operation and ensure that only consenting persons will be allowed within 100 feet of the 

flight operation, and the radius may be reduced to 30 feet based upon an equivalent level 

of safety determination, as required under the FOM. With the advanced permission or 

direction of the FSDO, operations at closer range may be approved.

8. The PIC and VO will have been trained in operation of small UAS and receive up-todate information for the particular small UAS to be operated and will be able to show 

upon request their competent ability to operate the small UAS and/or Camera.

9. The PIC and VO will be able to communicate by voice, radio, and/or text at all times.

10. Written and/or verbal permission and permits will be obtained from territorial, state, 

county or city jurisdictions, including law enforcement, fire or other appropriate 

governmental agencies when needed.

11. If the small UAS loses communications or loses GPS signal, the small UAS will have 

the capability to return to a pre-determined location within a designated location and land

autonomously.

12. The small UAS will have the capability to abort a flight in case of unpredicted 

obstacles, weather, or emergencies.
14 C.F.R. Part 21, Subpart H: Airworthiness Certificates 14 C.F.R. §91.203 (a) (1)

Subpart H, entitled 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 the 

Applicant, 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 small UAS. In all cases, an analysis of these criteria demonstrates 

that the small UAS 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 rotorcraft) operating with an airworthiness certificate 

without the restrictions and conditions proposed. The small UAS to be operated 

hereunder is less than 55 lbs. fully loaded, carries neither a pilot nor passenger, carries no 

explosive materials or flammable liquid fuels, and operates exclusively within a secured 

and designated area. Unlike other civil aircraft, operations under this exemption will be 

tightly controlled and monitored by both the operator and under the requirements and in 

compliance with local public safety requirements. These safety enhancements 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 posed by the small UAS, due to its size, speed of operation, location of 

operation, lack of explosive materials or flammable liquid fuels, and inability to carry a 

substantial external load.

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

The regulation requires: When marks include only the Roman capital letter "N" and the 

registration number is displayed on limited, restricted or light-sport category aircraft or 

experimental or provisionally certificated aircraft, the operator must also display on that 

aircraft near each entrance to the cabin, cockpit, or pilot station, in letters not less than 2 

inches nor more than 6 inches high, the words "limited," "restricted," "light-sport," 

"experimental," or "provisional," as applicable. Even though the small UAS will have no 

airworthiness certificate, an exemption may be needed as the small 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 small UAS, two-inch 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 small UAS marked on its 

fuselage as required by §45.29 (f) where the pilot, observer and others working with the 

small UAS will see the identification of the small UAS as "Experimental."
14 C.F.R. § 61.113(a): Private Pilot Privileges and Limitations: Pilot in Command.

Pursuant to 14 CFR 61.113 (a), no person who holds a private pilot certificate may act as 

a pilot in command of an aircraft that is carrying passengers or property for compensation 

or hire. Our small UAS do not carry any pilots or passengers nor property therefore I am 

seeking an exemption to 14 CFR 61.113(a). Although helpful, a pilot's license will not 

ensure remote control piloting skills. The risks attendant to the operation of small UAS is 

far less than the risk levels inherent in the commercial activities outlined in 14 CFR 61. I

feel the operation and limitations set forth in the FOM will equate to the safe operation of 

the small UAS.

14 C.F.R. §91.7(a): Civil Aircraft Airworthiness.

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

condition. As there will be no airworthiness certificate issued for the aircraft, should this 

exemption be granted, no FAA regulatory standard will exist for determining 

airworthiness. Given the size of the aircraft for maintenance and 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.

Section 91.9 (b) (2) provides: No person may operate a U.S.-registered civil aircraft ... (2) 

For which an Airplane or Rotorcraft Flight Manual is not required by §21.5 of this 

chapter, unless there is available in the aircraft a current approved airplane or Rotorcraft 

Flight Manual, approved manual material, markings, and placards, or any combination 

thereof. The small 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 small UAS will have immediate access to it.

14 C.F.R. § 91.103: Preflight Action.

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

insure the safety of flight. As FAA approved rotorcraft flight manuals will not be 

provided for the aircraft an exemption will be needed. The OPERATOR will take all 

actions including reviewing weather, flight battery requirements, landing and takeoff 

distances and aircraft performance data before initiation of flight.

14 C.F.R. §91.109: Flight Instruction.

Section 91.103 provides 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. Small UAS and remotely piloted aircraft, by their design do not have fully

functional dual controls. Flight control is accomplished through the use of a control box 

that communicates with the aircraft via radio communications. The FAA has approved 

exemptions for flight training without fully functional dual controls for a number of 

aircraft and for flight instruction in experimental aircraft. The equivalent level of safety

provided by the fact that neither a pilot nor passengers will be carried in the aircraft and 

by the size and speed of the aircraft.
14 C.F.R. §91.119: Minimum Safe Altitudes.

Section 91.119 establishes safe altitudes for operation of civil aircraft. Section 91.119 (d) 

allows helicopters to be operated at less than the minimums prescribed, provided the 

person operating the helicopter complies with any route or altitudes prescribed for 

helicopters by the FAA. As this exemption is for a small UAS that is a helicopter and the 

exemption requests authority to operate at altitudes up to 400 AGL, or not more than 200 

above an elevated platform from which filming is planned, an exemption may be needed 

to allow such operations. As set forth herein, the small UAS will never operate at higher

than 400 AGL with the exception that in circumstances where the small UAS is used to 

survey or photograph a structure whose height exceeds 400 feet AGL, the small UAS will 

not be operated more than 100' above the highest point on the structure. It will however 

be operated in a restricted area with security perimeter, where buildings and people will 

not be exposed to operations without their prior consent. The equivalent level of safety 

will be achieved given the size, weight, speed of the small UAS as well as the location 

where it is operated. No flight will be taken without the permission of the property owner 

or local officials. Because of the advance notice to the property owner and participants in 

the filming activity, all affected individuals will be aware of the planned flight 

operations. Compared to flight operations with aircraft or rotorcraft weighting far more 

than the maximum 551bs. proposed herein and the lack of flammable fuel, any risk 

associated with these operations is far less than those presently presented with 

conventional aircraft operating at or below 500 AGL. In addition, the low-altitude 

operations of the small UAS will ensure separation between these small- UAS operations

and the operations of conventional aircraft that must comply with Section 91.119.

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 small UAS may not have 

a barometric altimeter, but instead a GPS altitude read out, an exemption may be needed. 

An equivalent level of safety will be achieved by the operator, pursuant to the safety 

check list and live flight data monitoring, 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

Section 91.151 (a) 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; or {2} At night, to fly

after that for at least 45 minutes." The battery powering the small UAS provides 

approximately 30 minutes of powered flight. To meet the 30 minute reserve requirement 

in 14 CFR §91.151, small UAS flights would be limited to approximately 10 minutes in 

length. Given the limitations on the small UAS's proposed flight area and the location of 

its proposed operations within a predetermined area, a longer time frame for flight in 

daylight or twilight VFR conditions is reasonable.

Applicant believes that an exemption from 14 CFR §91.151{a) falls within the scope of 

prior exemptions.
Operating the small UAS, in a tightly controlled area where only people and property 

owners or official representatives who have signed waivers will be allowed, with less 

than 30 minutes of reserve fuel, does not engender the type of risks that Section 

91.151{a) was intended to alleviate given the size and speed of the small UAS. 

Additionally, limiting small UAS flights to 10 minutes would greatly reduce the utility

for which the exemption will be granted. Applicant believes that an equivalent level of 

safety can be achieved by limiting flights to 30 minutes or 25% of battery powerwhichever happens first. This restriction would be more than adequate to return the small 

UAS to its planned landing zone from anywhere in its limited operating area.

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

The regulation provides in pertinent part:

(a) Except as provided in§ 91.715, no person may operate a civil aircraft unless it has 

within it the following:

(1) 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. The 

small UAS fully loaded weighs no more than 55 lbs. and is operated without an on board 

pilot. As such, there is no ability or place to carry certification and registration documents 

or to display them on the small UAS.

An equivalent level of safety will be achieved by keeping these documents at the ground 

control point where the pilot flying the small UAS will have immediate access to them; to 

the extent they are applicable to the small UAS.

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

These regulations 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 section and Part 43 apply only to aircraft 

with an airworthiness certificate, these sections will not apply to the applicant. The 

operator pursuant to the flight manual and operating handbook will complete 

maintenance. An equivalent level of safety will be achieved because these small UASs 

are very limited in size and will carry a small payload and operate only in restricted areas 

for limited periods of time. If mechanical issues arise the small UAS can land 

immediately and will be operating from no higher than 400 feet AGL. The operator will 

ensure that the small UAS is in working order prior to initiating flight, perform required 

maintenance, and keep a log of any maintenance performed. Moreover, the operator is the 

person most familiar with the aircraft and best suited to maintain the aircraft in an

airworthy condition to provide the equivalent level of safety.

An equivalent level of safety will be achieved because maintenance and inspections will 

be performed in accordance with the small UAS Manufacturer's Manual, as referenced in 

the Aircraft Operations Manual

(AOM}. As provided in the FOM, the operator will ensure that the small UAS is in 

working order prior to initiating flight and perform required maintenance needed. 
Small UAS Information

Small UAS's to be used, are as follows but not limited to, providing they are within the 

parameters exempted by the FAA.

1. DJI Phantom 3 Professional

Weight (Battery & Propellers Included) -2.8211bs.

Hover Accuracy- Vertical:+/- .33ft (when Vision Positioning is active) or +/- 1.64ft

Horizontal: +/- 4.9 ft

Max Yaw Angular Velocity -200°/s

Max Tilt Angel -35°

Max Ascent Speed -16 ft/s

Max Descent Speed - 9 ft/s

Max Flight Speed -36m ph

DJI Phantom 3 Battery

DJI 4480mAH LiPo Battery

DJI Phantom 3 Gimbal

Controllable Range- Pitch -90 degrees to +30 degrees

Stabilization- 3-axis (pitch, roll, yaw)

DJI Phantom 3 Camera

Operating Temperature Range -32°F -104°F

Sensor Size -1/2.3 in.

Effective Pixels -14M

Resolution -4384x3288

HD Video Recording

UHD: 4096x2160p 24/25, 3840x2160p 24/25/30

FHD: 1920x1080p 24/25/30/48/50/60

HD: 1280x720p 24/25/30/48/50/60

Recording Field of View -110°/85°

DJI Phantom 3 Transmitter

Operating Frequency -2.400GHz -2.483GHz

Communication Distance (unobstructed) -FCC Compliance: 2400 ft

Receiver Sensitivity (1%PER) -101dbm +/- 2dbm

Transmitter Power -FCC Compliance: 20dbm

CE: 16dbm

Conclusion

Thank you for the consideration of these exemptions.

Sincerely,

Nicholas A Testa

Owner/Operator-FLYPIX LLC.