May 20, 2015

Administrator Federal Aviation Administration U.S. Department of Transportation Docket Management System 1200 New Jersey Ave., S.E. Washington, DC 2059
Re: Exemption Request under Section 333 of the FAA Reform Act
Pursuant to the FAA Modernization and Reform act of 2012, Public Law 112-95 (P.L. 112-95), and 14 CFR Part 11 §333, AirPix, LLC , here by seeks and applies for an exemption to the Federal Aviation Regulations (FARs) to allow the operation of Small Unmanned Aircraft Systems (sUAS) commercially in airspace regulated by the Federal Aviation Administration (FAA) under the conditions and limitations set forth in this petition. The requested exemption would permit AirPix, LLC to operate small, unmanned aircraft system (sUAS) for the purpose of providing an aerial photography and survey service to private consumers. The areas of use include photogrammetric surveys in the real estate, mining, construction, and agriculture industries. Approval of the AirPix, LLC exemption would enhance air safety and fulfill the responsibility of the Secretary of Transportation to “... establish requirements for the safe operation of such aircraft systems in the national airspace system” Sincerely yours,

Peter J. Dailey, PhD Director of Flight Operations , AirPix, LLC 304.421.1472 dr.pete@airpixus.com Dr. Pete Dailey 140 Sunset Drive Charleston, WV 25301 AIRPIX, LLCAirPix, LLC of 2 17

1. Summary of the exemption s requested AirPix, LLC seeks relief from specific aspects of flight regulations that can not reasonably be applied to small unmanned aircraft, and relief from commercial restrictions applied to airmen holding private or sport ratings engaged in flying unmanned aircraft for compensation or hire.

2. Relief sought AirPix, LLC wishes to operate small Unmanned Aircraft Systems hereafter sUAS, for commercial purposes including, but not limited to: photogrammetry; visual and photographic industrial or commercial inspection; aerial data collection, agricultural assessments; with subsequent analyses. Relief from the following rules is sought as commercial use of sUAS is currently prohibited by law unless that commercial use is performed under a grant of exemption. The relief sought addresses the
commercial use of unmanned fixed and rotary wing aircraft under 55 pounds gross takeoff weight. Application is made for exemption from or modification to the following
rules:

14 CFR § 45.23 (b) Display of marks; general. (b) 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.AirPix, LLC of 3 17

AirPix, LLC seeks relief from 14 CFR § 45.23 (b) to allow sUV registration markings to be displayed in a size proportional to the size of the sUVS in an area visible from the outside of the sUV.

14 CFR § 45 (a) and (b)1 and 3 Size of marks. (a) Except as provided in paragraph (f) of this section, each operator of an aircraft must display marks on the aircraft meeting the size requirements of this section. (b) Height. Except as provided in paragraph (h) of this part, the nationality and registration marks must be of equal height and on— (1) Fixed-wing aircraft, must be at least 12 inches high

... (3) Rotorcraft, must be at least 12 inches high

... AirPix, LLC seeks relief from 14 CFR § 45 (a) and (b)1 and 3 to allow registration marks to be displayed on the aircraft proportional to the size and space available on the sUAS.

14 CFR §61.101 e (4) (5) Recreational pilot privileges and
limitations

. (e) Except as provided in paragraphs (d) and (i) of this section, a recreational pilot may not act as pilot in command of an aircraft— (4) For compensation or hire; (5) In furtherance of a business;
AirPix, LLC seeks an exemption from 14 CFR §61.101 e (4) and (5) rule to allow airmen holding recreational pilot privileges to act as a Pilot In Command (PIC) of an sUAS for compensation or for hire in furtherance of a business using small unmanned aircraft.

14 CFR §61.113 (a) Private pilot privileges and limitations: Pilot in
command. (a) Except as provided in paragraphs (b) through (h) of this section, no person who holds 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.AirPix, LLC of 4 17

AirPix, LLC seeks an relief from 14 CFR §61.113 (a) to allow a Pilot in Command (PIC) of an sUAS holding a private pilot airman’s certificate to fly an sUAS for compensation or hire.

14 CFR §61.315(a)(c) 2, 3 What are the privileges and limits of my sport pilot certificate? (a) If you hold a sport pilot certificate you may act as pilot in command of a light-sport aircraft, except as specified in paragraph (c) of this section. (c) You may not act as pilot in command of a light-sport aircraft: (2) For compensation or hire. (3) In furtherance of a business.
AirPix, LLC seeks an exemption from 14 CFR §61.315(a) and (c) 2 and 3 to allow a PIC holding a sport pilot airman’s certificate to fly an sUAS for compensation or hire.

14 CFR § 91.7(a) Civil aircraft airworthiness. (a) No person may operate a civil aircraft unless it is in an airworthy condition. 14 CFR § 21 Certification procedures for products and parts, subpart H - Airworthiness Certificates; part 35 Airworthiness Standards: Propellers; part 36 Noise Standards; part 43 Maintenance, Preventive Maintenance, Rebuilding and Alteration.
AirPix, LLC seeks relief from 14 CFR § 91.7(a) and 14 CFR § 21 as small unmanned aircraft, considering the size, weight, speed and limited area for their operation; and meeting the statutory criteria outlined in Section 333 of Public Law 112-95 in reference to 49 USC § 44704; and that the Secretary of Transportation has determined that aircraft of the type to be used by AirPix, LLC meet the conditions of Section 333; and that this class of unmanned aircraft do not require associated certification and testing by persons qualified as described under part 43.AirPix, LLC of 5 17

14 CFR § 91.103 Preflight action. Each pilot in command shall, before beginning a flight, become familiar with all available information concerning that flight. This information must include— (b) For any flight, runway lengths at airports of intended use, and the following takeoff and landing distance information: (2) For civil aircraft other than those specified in paragraph (b)(1) of this section, other reliable information appropriate to the aircraft, relating to aircraft performance under expected values of airport elevation and runway slope, aircraft gross weight, and wind and temperature.
AirPix, LLC seeks an exemption from 14 CFR § 91.103(b)(2) in the event that an sUAS may be engaged in aerial photography on or around an airport, using the airport runways for conducting sUAS flight operations. An illustration of this occurrence would be similar to assessing a recent runway slope failure at Yeager Airport, in Charleston, West Virginia (CRW). The relief sought would exempt the sUAS PIC from knowledge of runway lengths, elevations, etc of the airport being surveyed when used for sUAS takeoffs and landings, as this knowledge is not relevant for sUAS operation.

14 CFR § 91.109: Flight instruction; Simulated instrument flight and certain flight tests. (a) 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. However, instrument flight instruction may be given in an airplane that is equipped with a single, functioning throw over control wheel that controls the elevator and ailerons, in place of fixed, dual controls, when— (1) The instructor has determined that the flight can be conducted safely; and (2) The person manipulating the controls has at least a private pilot certificate with appropriate category and class ratings.AirPix, LLC of 6 17

AirPix, LLC seeks an exemption from 14 CFR § 91.109 requiring dual controls for training and instructional flights when the PIC conducting the training has determined that the area designated for training can safely accommodate the anticipated training and
instruction.

Relief from 14 CFR § 91.119(c); Minimum safe altitudes: General. Except when necessary for takeoff or landing, no person may operate an aircraft below the following altitudes: (c) Over other than congested areas. An altitude of 500 feet above the surface, except over open water or sparsely populated areas. In those cases, the aircraft may not be operated closer than 500 feet to any person, vessel, vehicle, or structure.
AirPix, LLC seeks relief from 14 CFR § 91.119(c) minimum safe altitude. AirPix, LLC anticipates that flight operations shall be conducted over private or controlled-access property with the permission of the property owners or authorized representatives.

Relief from 14 CFR § 91.121: Altimeter settings. (a) Each person operating an aircraft shall maintain the cruising altitude or flight level of that aircraft, as the case may be, by reference to an altimeter that is set, when operating — (1) Below 18,000 feet MSL, to— (i) The current reported altimeter setting of a station along the route and within 100 nautical miles of the aircraft; (ii) If there is no station within the area prescribed in paragraph (a)(1)(i) of this section, the current reported altimeter setting of an appropriate available station; or (iii) In the case of an aircraft not equipped with a radio, the elevation of the departure airport or an appropriate altimeter setting available before departure; or

... AirPix, LLC seeks an exemption from 14 CFR § 91.121 as the anticipated sUASs perform a self-calibration and zero of the onboard barometer on power up, providing barometric measurement of altitude above ground level. Determination of altitudes AGL have greater applicability for maintaining theAirPix, LLC of 7 17

requested 500 foot AGL flight envelop during line-of-sight flight flight envelope restrictions.

Relief from 14 CFR § 91.151: Fuel requirements for flight in VFR
conditions (a) No person may begin 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.
AirPix, LLC seeks an exemption from 14 CFR § 91. 151 as the use of sUAS are in close proximity to the launch and landing areas; that anticipated flight times are shorter than the margin of safety in § 91.151; that failsafe actions programmed into the anticipated class of sUAS flight controllers can provide a margin of public safety without excessive reserve power; that the anticipated class of sUAS do not carry flammable fuel in the event of a crash; and that unmanned aircraft by definition have no flight crew or passengers who's safety benefits from fuel reserves.

Relief from 14 CFR § 91.405: Maintenance required.
Each owner or operator of an aircraft— (a) 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;
AirPix, LLC seeks relief from 14 CFR § 91.405 as sUAS pose no safety hazard to pilot, crew, or passengers; that maintenance and inspection to this class of aircraft does not require the level of sophistication or knowledge required of manned aircraft.AirPix, LLC of 8 17

Relief from 14 CFR § 91.407: Operation after maintenance, preventive maintenance, rebuilding, or alteration. (a) No person may operate any aircraft that has undergone maintenance, preventive maintenance, rebuilding, or alteration unless— (1) It has been approved for return to service by a person authorized under §43.7 of this chapter; and (2) The maintenance record entry required by §43.9 or §43.11, as applicable, of this chapter has been made.
AirPix, LLC seeks an relief from 14 CFR § 91.407 as the skill and sophistication required of person authorized under §43.7 is not required for sUAS; that the maintenance record for sUAS be limited to the requirements of §43. 9 (a) 1-4 as sufficient as it is anticipated that the sUAS will not interact with ATC, the barometric system of an sUAS does not have the sophistication of a manned aircraft.

Relief from 14 CFR § 91.409 : Inspections (a) Except as provided in paragraph (c) of this section, no person may operate an aircraft unless, within the preceding 12 calendar months, it has had— (1) An annual inspection in accordance with part 43 of this chapter and has been approved for return to service by a person authorized by §43.7 of this chapter; or (2) An inspection for the issuance of an airworthiness certificate in accordance with part 21 of this chapter.
AirPix, LLC seeks an relief from 14 CFR § 91.409 as previously noted person’s authorized for part 43 inspections have a level of knowledge and skill not required for an sUAS due to simpler systems, easy access for inspection, and no requirement for airworthiness as specified in part 21.

Relief from 14 CFR § 91.417: Maintenance records. (a) Except for work performed in accordance with §91.411 and 91.413, each registered owner or operator shall keep the following records for the periods specified in paragraph (b) of this section:AirPix, LLC of 9 17

(1) Records of the maintenance, preventive maintenance, and alteration and records of the 100-hour, annual, progressive, and other required or approved inspections, as appropriate, for each aircraft (including the airframe) and each engine, propeller, rotor, and appliance of an aircraft. The records must include— (i) A description (or reference to data acceptable to the Administrator) of the work performed; and (ii) The date of completion of the work performed; and (iii) The signature, and certificate number of the person approving the aircraft for return to service. (2) Records containing the following information: (i) The total time in service of the airframe, each engine, each propeller, and each rotor. (ii) The current status of life-limited parts of each airframe, engine, propeller, rotor, and appliance. (iii) The time since last overhaul of all items installed on the aircraft which are required to be overhauled on a specified time basis. (iv) The current inspection status of the aircraft, including the time since the last inspection required by the inspection program under which the aircraft and its appliances are maintained. (v) The current status of applicable airworthiness directives (AD) and safety directives including, for each, the method of compliance, the AD or safety directive number and revision date. If the AD or safety directive involves recurring action, the time and date when the next action is required. (vi) Copies of the forms prescribed by §43.9(d) of this chapter for each major alteration to the airframe and currently installed engines, rotors, propellers, and appliances.
AirPix, LLC seeks relief from 14 CFR § 91.417 in that components such as propellers, motors, airframe do not have a service life equivalent to manned aircraft; that there is no service life data by which to judge mean time to failure; that these components are inexpensive and easily replaced obviating the need for maintenance details required in § 91.417.

3. Unmanned Aircraft Systems and Procedures AirPic, LLC anticipates the use of the following sUAS platforms, flight management systems (FMS), and ground control stations (gcs) during flight operations.AirPix, LLC of 10 17

Fixed wing aircraft SenseFly eBee (https://www.sensefly.com/drones/ebee.html) using
senseFLY eMotion ground control software.
3D Robotics Aero-M (http://3drobotics.com/kb/aero-m/ ) using the
Pixhawk flight management system (http://3drobotics.com/kb/ pixhawk/) flight management system. RMRC Anaconda airframe (https://dl.dropboxusercontent.com/u/ 1459803/RMRC%20Anaconda%20Manual.pdf) with 3D Robotics
Pixhawk flight management system (http://3drobotics.com/kb/ pixhawk/ ).

Rotary wing aircraft
3D Robotics Iris and Iris+ multirotor airframe. Operations manual(http://3drobotics.com/wp-content/uploads/2015/02/IRIS-PlusOperation-Manual-vH-web.pdf) and flight checklist (http://3drobotics.com/wp-content/uploads/2015/04/IRIS-Plus-FlightChecklist-vB.pdf), and 3D Robotics Pixhawk flight management system (http://3drobotics.com/kb/pixhawk/ ).

3D Robotics X8 and X8+ multi rotor operations manual (http://3drobotics.com/wp-content/uploads/2015/04/X8-Operation-ManualvC.pdf) and flight checklist (http://3drobotics.com/wp-content/ uploads/2015/04/X8-Checklist-vB.pdf), and 3D Robotics Pixhawk flight management system (http://3drobotics.com/kb/pixhawk/). Future airframes not covered by any grant of exemption to these rules will be filed by amendment and registration prior to use.
Preflight inspection will be performed following the manufacture provided flight manual and support materials. Flight operations andfailsafe action will be programmed to provide for the safety of nonparticipating persons on the ground.

3D Robotics Solo using the Pixhawk flight management system ( http://3drobotics.com/solo/ and http://3drobotics.com/kb/pixhawk/ )AirPix, LLC of 11 17

Payload Anticipated onboard photographic equipment includes, but is not limited to the following classes of cameras. GoPro Hero 3 and Hero 4 series cameras ( http://shop.gopro.com/

cameras ), with a weight of approximately 150 grams. Mobius Action Cam ( https://www.mobius-actioncam.com/ ), with a weight of approximately 40 grams. Canon Powershot ELPH and SX series of cameras, with a weight of approximately 350 grams.
Ground Control Station (GCS) Manual Flight control Pre-programmed automated flight operations maybe over ridded, cancelled, or directed to land by the PIC from an FCC approved radio control link with the sUAS such as ( http://www.frsky-rc.com/product/ pro.php?pro_id=137 ).

Mission Planner GSC software ( Wiki at URL http:// planner.ardupilot.com/) and/or Tower ( http://3drobotics.com/kb/ tower-overview/ ) will be used to program and monitor flight operations. Data link between the sUAS and GSS will be through FCC approved data radio link including but not limited to the 3DRRadio V2 (http://3drobotics.com/wp-content/uploads/2013/10/3DRRadio-V2-doc1.pdf ).
Failsafe Actions: Fixed Wing Failsafe Modes

(Reference: http://plane.ardupilot.com/wiki/arduplane-setup/apmsfailsafe-function/)

• Throttle Failsafe

• GCS Failsafe

• Battery FailsafeAirPix, LLC of 12 17

Failsafe Actions: Rotary Wing Failsafe Modes

(Reference: http://copter.ardupilot.com/wiki/common-advancedconfiguration/)

• Radio Failsafe

• Battery Failsafe

• GCS Failsafe

• GPS Failsafe

• Extended Kaman Filter (EKF) and Direction Cosine-matrix (DCM) Failsafe
Failsafe Actions, all sUAS Each sUAS FMS
4. Public benefit of the proposed commercial application of sUAS Manned flight has a greater statistical risk to human life , for both the flight crew and to the public from aircraft carrying flammable fuel. These risks are avoided by the use of small unmanned aerial systems.

a. The use of sUAS mitigates hazards to the public by reduced exposure and noise from manned aircraft and eliminating flammable and/or toxic fuels from flight operations.
b. The use of sUASs reduces the cost of obtaining environmental, industrial, civil structure, and agricultural data, which benefits producers and consumers through increased hazard awareness and reduced dependance on the need for a human to be put in harms way to inspect civil structures or to obtain data for determining material volumes of aggregates, coal, or ore.

c. Environmental impacts are reduced through eliminating sources of hydrocarbon emissions, volatile fuels, and physical exposure toAirPix, LLC of 13 17

the relatively large number of manned aircraft performing in
similar roles.
d. Small Unmanned Aerial Systems are capable of operation within airspace unreachable by manned aircraft. Access limitations due to the proximity of civil structures; whether to persons on the ground in close proximity or exposure to hazards to the flight crew during operations of manned aircraft.

e. The sUAS is of particular benefit in those areas where public health and welfare concerns exist and an immediate response is necessary to address those concerns.

Public Benefit Example Use Case The useful benefit of unmanned aerial vehicle systems to the public health and welfare was a recent partial hillside failure at the end of a runway at Yeager Airport (CRW), included by referenced in the included photographs taken by a local news service. The mass of earth and rock continued to move after the initial failure. The failure created an immediate public safety concern for those with residences below the failed runway. the continued slope movement limited access for surveyors and geotechnical engineers to determine the quantity of mass of material movement accurately assess the continued threat to public safety. The unstable land mass prevented a survey traversing the affected area, as the instability of the slope would place surveyors in harms way.AirPix, LLC of 14 17

Addition examples of commercial aerial photography include the inspection of natural gas transmission lines. The NTSB has included natural gas pipeline safety on its 2014 Most Wanted List (http:// www.ntsb.gov/safety/mwl/Documents/ 2014/05_MWL_PipeSafety.pdf ). The December 11, 2012, pipeline rupture that occurred west of I-77 near Sissonville, West Virginia is a significant example of the need for enhanced inspection. Gas pipelines are presently inspected from manned rotary winged aircraft, and subject manned aircraft flying at low altitudes to intersecting power transmission lines and other civil structures. These obstructions are a constant and immediate danger to flight crews as described in the UPAC Safety Guide for Helicopter Operators (https://www.rotor.com/portals/1/committee/ upac_guide.pdf).

5. Safety not adversely a ff ected: AirPix, LLC will mitigate the safety provisions of the grant of exception through the following actions.

a. Airframes used by AirPix, LLC will be registered and marked in accordance with § 47 subparts A and B 47 , with reasonably sized markings defined by FAA in any grant of exemption requested in this petition.
b. Airframes will at least comply with the maintenance and inspection requirements of the manufacturer in their published literature and at best be established for the various sub-systems based on flight time and component history. Flight time and maintenance records will be kept in a maintenance log for each registered sUAS aircraft.

c. All repair and maintenance work will be conducted and approved by AirPix director of flight operations. Qualification of personnel will be determined through demonstration of disassembly, inspection, and testing of airframe components, motorAirPix, LLC of 15 17

assemblies, autopilot and navigation sensors, with reassembly and programming of autopilot.
d. Each sUAS will be required to undergo a non-commercial test flight after: replacement of major components; after flight controller firmware updates; after ground station software updates.

e. A successful flight test will consist of program action by the autopilot demonstrat ing:
1. Three autonomous landings.
2. Successful autonomous course navigation to a minimum of five pre-programmed waypoints in the sUAS autopilot.
3. Successful demonstration of failsafe actions for:

a. Loss of command radio signal.
b. Loss of ground control station (GCS) communication.

c. Exceeding geofence (radius and elevation) envelope.
d. Low power.

When required by mission task loading the PIC may, at his/her discretion, elect to augment flight operations with an individual acting as a visual observer (VO). The VO’s duties consist of maintaining unaided visual contact with the sUAS while scanning the immediate area for manned aircraft while maintain verbal communication with the PIC. The VO will be medically qualified to maintain unaided visual line of sight, by possessing minimally a government issued driver license or a FAA Class 2 or 3 medical certificate. The sUAS PIC will, in every instance, give way to manned aircraft, and will safely terminate sUAS flight operations upon observation of manned aircraft in close proximity to the sUAS operation area.AirPix, LLC of 16 17

Any AirPix, LLC personal operating as Pilot In Command will : 1. Possess an Airman Certificate issued under 14 CFR § 61

. 2. Possess a government issued driver license or a Second or Third Class medical certificate issued under 14 CFR § 67 commiserate with the Airman Certificate issued under § 61 commiserate with the PIC’s airman rating.
3. Have accumulated a total of 30 hours of flight experience with an sUAS rotorcraft or fixed-wing airframe of the type and model described in this petition. The PIC will have demonstrated a minimum of 3 takeoffs and landings with a sUAS of the configuration and weight considered under this petition within the prior 90 days.
4. The AirPix, LLC PIC will ensure flight operations safety by:

a. Conducting a pre-flight inspection (including ground control station, if any) of the sUAS and a perform a safety risk assessment of the intended area of operation prior to each flight.
b. Conducting flight operations in daylight VFR conditions

.
c. Ensure the sUAS attains speed no greater than 87 knots (100 mph)
d. Ensure flight operation altitudes will be no greater than 400 feet above ground level.

e. Ensure flight operations do not encroach into Class B, C or D airspace, or published approach, SID or STAR, or take place within 5 nautical miles of an airport without notification and/or contact with the nearest Flight Standards District Office (FSDO). The nearest FSDO to the intended operational area will be notified at least 3 days prior to allow for the publication of a Notice To Airmen (NOTAM) stating the area and times ofAirPix, LLC of 17 17

sUAS flight operations from the nearest radio navigation aid within 10 nm of the intended flight operations.
f. Ensure flight operation not be made near persons as required in 14 CFR § 91.119 and not over persons on the ground without prior permission.
5. During flight operations, be in possession of:
1. Airman’s Certificate
2. Manufacturers’ user manuals
3. Personal logbook
4. sUAS flight and maintenance logbooks
5. Medical certificate or driver license
6. Copy of the FAA grant of exemption.
7. AirPix Flight Operations and Procedures Manual (FOPM) and Aircraft Flight Manuals (AFM)

. 6. Ensure that for battery powered propulsion using Lithium Polymer (LiPo) batteries, flight planning will not intentionally deplete more than 76% of the battery’s nominal charge voltage to minimize the risk of battery overheating.
7. Ensure that incidents adverse to persons or property will be reported to the nearest FSDO within 24 hours of occurrence.
8. Ensure observation of any applicable local FSDO requirements or
restrictions.
9. sUAS will use FCC approved radios compliant for command & control of the aircraft with well-defined and tested lost data link procedure.