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. , hereb y applies for an exemption from the listed Federal Aviation Regulations to allow commerci al operation of

a small UAS, so long as such operations are conducted within and under the conditions outlined herein or as m ay be established b y the FAA as required b y Section 333, for all operators of small Unmanned Aerial S ys tems (UAS) working for **FLYPIX LLC**

**.** Commercial operation small UAS, as described herein, which are equipped with cameras and sen sors, would operate in the following manner:

1. Aerial photograph y and/or video for public and/or private use including real estate, architecture, land surveying, engineerin g and other related professional activities. 2. Aerial video and/or photograph y for public and/or private u se including television, public events, and cinematograph y. 3. Aerial inspection/photograph y 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 onl y when the local authorities or government has requested it by c ontract 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

presentl y using conventional aircraft. Approval of this exemption would thereb y enhance safet y and fulfill the Secretary of Transportation's (the FAA Administrator's) responsibilities to “.... esta blish requirements for the safe operation of such aircraft s ys tems in the national airspace s ys tem."

**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 3469 5Regulations 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 mu lti

- 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 abilit y to hover and move along a vertical and horizontal plane simultaneously

. They will operate visual line of sight by the exempted persons onl y obe yi ng 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 safet y requirements. The approval of th is application presents no national securit y 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 re quested exemption is in the public interest. Accordingl y 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 o r higher level of safety because operations will further enhance the safet y 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 fl ight 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 fe et Above Ground L evel (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 (PI C), 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 PI C will obtain verbal/written consent of all persons invo lved with the planned operation and ensure that only con senting 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 safet y determination, as required under the FOM. With the advanced permission or direction of the FSDO, oper ations at closer range may be approved. 8. The PI C and VO will have been trained in operation of s mall UAS and receive up

- to

date 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 PI C 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 sign al, the small UAS will have the capability

to return to a pre

- determined location within a designated location and land
aut onomously

. 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 Sec tion 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 th e 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 anal ys is 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 certifi cate 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 withi n 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 safet y enh ancements provide a greater degree of safet y t o the public and property owners than conventional operations conducted with airworthiness certificates issued under 14 C.F.R. Part 21, Subpart H. Lastl y, application of these same criteria demonstrates that th ere is no credible threat to national securit y 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 n or more than 6 inches high, the words "limited," "restricted," "light

- sport," "experimental," or "provisiona l," 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 letteri ng will be impossible. The word "Experimental" will be placed on the fuselage in compliance with §45.29 (f). The equivalent level of safet y will be provided by having the small UAS marked on its fuselage as required b y §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 L imitations: Pilot in Command.

Pursuant to 14 CFR 61.113 (a), no person who holds a private pilot ce rtificate 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 condi tion. 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 equ ivalent 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 civi l 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 an y combination thereof. The sm all UAS, given its size and configuration has no ability or place to carry such a flight manual on the aircraft, not onl y 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 lev el of safety

will be maintained by

keeping the flight manual at the ground control point where the pilot fl yi ng 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 ce rtain actions bef ore 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 requirem ents, 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 (exc ept a manned free balloon) that is being used for flight instruction unless that aircraft has full y 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 communicate s 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 safet y provided b y 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. Sect ion 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 b y the FAA. As this exemption is for a small UAS that is a h elicopter and the exemption requests authority to operate at altitudes up to 400 AGL , or not more than 200 above an elevated platform from which f ilming is planned, an exemption may be needed to allow such operations. As set forth herein, the small UAS wil l 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 ope rated in a restricted area with securit y 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 propert y owner or local officials. Because of the advance notice to the property owner and participants in the filming activity, all affec ted individuals will be aware of the planned flight operations. Compared to flight operations with aircraft or rotorcraft weighting f ar more than the maximum 551bs. proposed herein and the lack of flammable fuel, any risk associated with these operations is far less than those presentl y 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 cr uising altitude by reference to an altimeter that is set " ... to the elevation of the departure ai rport 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 safet y 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 fl y to the first point of intended landing, and, assuming normal cruising speed

- (1) During th e day , to fl y 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 §91.1 51, 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 onl y people and propert y owners or official repres entatives who have signed waivers will be allowed, with less than 30 minutes of reserve fuel, does not engender the ty pe of risks that Section 91.151{a) was intended to alleviate given the size and speed of the small UAS. Additionally , limiting small UAS f lights to 10 minutes would greatl y reduce the utility for which the exemption will be granted. Applicant believes that an equivalent level of safet y can be achieved by limiting flights to 30 minutes or 25% of battery power

whichever happens first. This re striction would be more than adequate to return the small UAS to its planned landing zone from an ywhere in its limited operating area.

**14 C.F.R. §91.203 (a) and (b):** Carrying Civil Aircraft Certification and Registration The regulation provides in pertine nt part: (a) Except as provided in§ 91.715, no person may operate a civil a ircraft 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 cert ificate 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 docume nts 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 regu lations 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 appl y only to aircraft with an air

worthiness 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 safet y will be achieved because these small UASs
are very limited in size and will carry a small payload and operate onl y 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 s mall UAS is in working order prior to initiating flight, perform required maintenance, and keep a log of an y m aintenance performed. Moreover, the operator is the person most familiar with the aircraft and best suited to maintain the aircraft in an airworth y condition to provide the equivalent level of safety. An equivalent level of safety will be achieved because maintenance and i nspections 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 p rior to initiating flight and perform required maintenance needed.**Small UAS Information**

Small UAS's to be used

, are as follows but not limited to

, provi ding they are within the parameters exempted by

the FAA.

1. **DJI Phantom 3 Professional**  Weight (Battery

& Propellers I

ncluded)

- 2.8211bs. Hover Accuracy

- Vertical:+/

- .33ft (when Vision Positioning is active) or +/

- 1.64ft Horizontal: +/

- 4.9 ft Max Yaw An gular 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. Sincerel y,

Nicholas A Testa Owner /Operator

- FLYPIX LLC.