28 September 2015

U.S. Department of Transportation

Federal Aviation Administration 800 Independence Avenue, SW Washington, DC 20591

Dear Sir or Madam:

Pursuant to Section 333 of the FAA Modernization and Reform Act, I, Ricardo Del Valle (“Petition er”) , owner of 360 Aerial Pixels hereby apply for an exemption from the listed Federal Aviation Regulations (FARs) to allow commercial UAS operations under the outlined conditions and those established by the FAA as required by Section 333.

The petit ioner would like to formally submit for an exemption from part 21, subpart H; and Sections 45.23(b), 91.7(a) , 91.9 (b)(2), 91.119,91.121,91.151(a), 91.203(a) and (b)

, 91.405(a), 91.407(a)(1), 91.409(a)(2), and 91.417(a) and (b) of Tittle 14, Code of Federal Regulations (14CFR). The proposed exemption will allow us to operate a UAS for the purposes of capturing aerial videos and ph otographs and land surveying /mapping

. Granting this exemption will be in favor of the public’s interest, and also improve safety

i n the aerial imaging industry.

The petitioner holds an FAA Commercial Pilot Certificate and Flight Instructor

Certificates

. The petitioner has a vast knowledg e of not just UASs, but also manned

aviati on operations and regulations. In addition, t he p etiti oner has been flying radio

controlled aircraft as a hobby for over five years, and currently flies medium sized Unmanned Aerial Vehicles (UAV s ) as a military contractor with a tour in Afghanistan.

Ricardo Del Valle

Owner

360 Aerial Pixels

10035 Moors hire Circle Orlando, FL 32829 ricardo@360aerialpixels.com (407) 766

- 2093Aircraft to be used

360 Aerial Pixels will operate the DJI Phantom 3 and the 3D Robotics Iris+ . Both are

multi

- rotors (quad copter) capable of vertical takeoff and landing and ar e operated by a Ground Station which includes a controller for flight controls and camera operation. The DJI Phantom 3 will also include a tablet or phone to assist in video or photograph capture and flight information. The 3D Robotics Iris+ will include a video monitor for camera display and a laptop or tablet with a moving map and flight monitoring.

In general, both have the ability to be controlled by the operator either manually, autopilot assisted, or fully autonomously. They both utilize GPS to disp lay altitude, heading, and ground speed. Both are approximately 3

- 4 pounds and are powered by a Lithium Polymer battery driving four electric motors with maximum speeds that do not

exceed 30 knots.

UAS Operations & Limitations

The operation of the UAS will be conducted under the following conditions, which

ens ure safe operations:

• The UAS will operate at an altitude up to 400ft AGL

.

• At all times the Pilot in Command (PIC) will be accompanied by a trained observer whom will be close enough to communi cat e verbally with the PIC

.

• The PIC, at a minimum will have a Sport Pilot Certificate with a current Third

Class Medical.

• The PIC will carry (in person) at all times his/her Pilot Certificate, Medical, and valid Drivers License. In addition, a copy of the F AA Exemption will be located inside the transport case for the UAS and GS, and be readily available when

needed.

• The PIC and observer will maintain visual line of sight (VLOS) with the UAS at

all times

.

• The PIC will perform preflight checks of the UAS bef ore every flight to ensure proper operation in accordance to the checklist. See Appendix A and C.

• Flight time will be limited to no more than 15 minutes; this ensures the UAS is safe on the ground with at least 20% battery power remaining.

• UAS operations will be conducted during daylight hours, and in VFR weather

conditions.

• UAS will be initiated in a safe, clear area to allow the onboard Global Positioning System (GPS) receiver to save that point as its return home (RH) point in case

communications betwee n the controller/ground station (GS) and the UAS is lost. The UAS will autonomously and safely fly back to this point and land.

• The PIC will obtain permission from the owner or operator if the UAS is to operate closer than 500 feet of any structures, vess els, or vehicles.

• Before take off, the PIC will perform a risk assessment to assess the area for any potential dangers, get a general look of the intended flight area, and determine the best location to initiate the UAS (which will be the RH point).• The UAS must yield to any manned aircraft at all times.

• If the operation of the UAS requires flight within 5 miles of an a irport or heliport,

the PIC will contact the owner, or controlling agency for approval, along with pertinent information to include but n ot limited to: the time of operations, length of time, altitude, and location of operations.

• 360 Aerial Pixels will maintain maintenance records for each individual aircraft for any maintenance performed on the UAS

. See Appendix B. If maintenance was perf ormed on a flight critical component, a test flight will be performed to ensure proper operation. In addition, the test flight will be properly documented on that specific aircraft’s record.

• Maintenance will be performed in accordance to the manufacturer’ s procedures

and intervals

.

• The PIC will verify either by calling the nearest Flight Service Station (FSS) or going online to its web based form for any Temporary Flight Restrictions (TFR)

in the area of intended operation, and any other applicable Notice s To Airmen (NOTAMs).

• The PIC must no t permit another PIC to operate the UAS unless that operator meets the PIC requir ements. However, the PIC operating the UAS may not transfer the controls of the UAS while the UAS is in flight. If a transfer of

controls is to happen between PIC , the UAS must land and terminate the current

fli ght and a new flight initiated under the command of the new PIC.

Exemptions Requested

We request exemption from 91.7(a), which requires an aircraft to have an airworthiness

certifi cate. This regulation is not applicable to our operation since there is currently no applicable certificate. With this exemption we request to allow 360 Aerial Pixels to determine if the UAS is in an airworthy condition prior to every flight by performing monthly inspections, maintenance records, and preflight checks.

We request an exemption from 91.405(a), 91.407(a)(1), 91.409(a)(2) and 91.417(a) and (b) Maintenance inspections since they only apply to aircraft with an airworthiness

certificate. However

, the PIC will perform a preflight inspection of the UAS before each flight , and routine preventative maintenance in accordance to the UAS instruction

manual

. In addition, monthly inspections of the UAS will be conducted to ensure proper operation. Monthly inspections will be performed on the last day of every calendar month

and will be recorded on the air craft’s maintenance record. Lastly, a test flight will be performed at the conclusion of the successful monthly inspection.

We request an exemption from 91.121 Altimeter settings since the UAS use s GPS

altitude. T he FAA requires that UAS operating altitudes be r eported in feet AGL. Therefore, altimet er settings are not applicable because the UAS reports in feet AGL.

We request an exemption from 91.151(a) Fuel requirements for VFR flights. The UAS utilizes a battery for electric power, and will be landed when t he low battery alert

activates or 15 minutes of flight time has elapsed, whichever occurs first. If the lowbattery alert was to be missed by the PI C (unlikely), the UAS will autonomously fly back to the RH point and land. Therefore, this regulation does not apply, but we have established safety measures to fly and land with sufficient battery power reserves like it would have applied to a conventiona l aircraft.

We request exemption from 91.119, which contains safe altitudes for the operation of

civil aircraft. The UAS will not be flown above an altitude of 400 feet AGL. The PIC of the UAS will choose the safest altitude required to fly based on the t ype of work to be done and clearance from obstacles. The size, weight, and speed of the UAS achieve an equivalent or higher level of safety.

We request exemption from 91.9 (b)(2), which requires an aircraft manual to be onboard

the aircraft. Given the s ize of the aircraft and the fact that it will not carry a crew and/or passengers this regulation is inapplicable. However, the manual provided by the manufacturer will be with the ground station and easily accessible to the operator.

Public Interest

Aer ial photos and/or videos for real estate advertising and marketing have proven to be an excellent tool. It provides a different perspective for homebuyers and highlights key aspects of a property from a bird’s eye view. Aerial photography and videography i n the real estate market have been used before, however it was performed by conventional fixed, or rotor wing aircraft. These aircrafts are very costly to operate and impractical for

small businesses. Therefore, granting this exemption will make it afforda ble to use aerial photos and videos for marketing and advertising of real estate. Also, from our experience the optimal altitudes for aerial photos and vid eos fall below 200 feet AGL, which is an altitude that is impractical for a manned aircraft.

The op eration of the UAS will not pose a threat to the public given the small size and weight , and low speeds . In addition, contrary to manned aircraft the UAS will not carry combustible fuel, further decreasing the risk to the public and a more environment

frie ndly solution. Larger manned aircraft used for aerial imaging can weigh in exces s of 3,000 pounds and carry i n excess of 50 gallons of fuel, which can pose a risk to persons below in case of an emergency.

Any questions, comments, or concerns please don’t hesitate to contact (407) 766

- 2093 or ricardo@360aerialpixels.com

Thank you,

Ricardo Del Valle

Owner

360 Aerial Pixel s