UNITED STATES OF AMERICA DEPARTMENT OF TRANSPORTATION FEDERAL

AVIATION ADMINISTRATION WASHINGTON, DC

Regulatory Docket No.

IN THE MATTER OF THE PETITION FOR EXEMPTION OF: 

Litepixels Digital Photography & CROXIE.com 

FOR AN EXEMPTION SEEKING RELIEF FROM THE REQUIREMENTS OF TITLE 14 OF THE 

CODE OF FEDERAL REGULATIONS SECTIONS 61.101(e)(4) & (5), 61.113(a) & (b), 61.23(a), 

61.315(a), 91.7(a), 91.121, 91.151(b), 91.405(a), 91.407(a)(1), 91.409(a)(1) & (a)(2), AND 91.417(a) 

& (b) CONCERNING COMMERCIAL OPERATION OF DJI PHANTOM 3 PROFESSIONAL

UNMANNED AIRCRAFT SYSTEMS PURSUANT TO SECTION 333 OF THE FAA 

MODERNIZATION AND REFORM ACT OF 2012 (PUBLIC LAW 112-95)

Submitted on January 27th, 2016

Litepixels Digital Photography & CROXIE.com

1515 Ward Avenue, Apt 201, Honolulu, Hawaii 96822

Tel: (808)393-5448

Email: dc@croxie.com
TABLE OF CONTENTS

Page

GLOSSARY OF ABBREVIATIONS .........................................................................................3

SUMMARY .............................................................................................................................4

INTRODUCTION AND INTERESTS OF PETITIONER..........................................................4

BACKGROUND..........................................................................................................................5

BASIS FOR PETITION...............................................................................................................5

NAME AND ADDRESS OF PETITIONER. .............................................................................8

THE SPECIFIC SECTIONS OF 14 C.F.R. FROM WHICH LITEPIXELS DIGITAL 

PHOTOGRAPHY & CROXIE.COM SEEKS EXEMPTION....................................................8

THE EXTENT OF RELIEF LITEPIXELS DIGITAL PHOTOGRAPHY & 

CROXIE.COM SEEKS AND THE REASON LITEPIXELS DIGITAL 

PHOTOGRAPHY & CROXIE.COM SEEKS THE RELIEF .......................................12

THE REASONS WHY GRANTING LITEPIXELS DIGITAL PHOTOGRAPHY & 

CROXIE.COM’S REQUEST WOULD BE.IN THE PUBLIC INTEREST .............................17

THE REASONS WHY GRANTING THE EXEMPTION WOULD NOT ADVERSELY

AFFECT SAFETY ......................................................................... .................................20

SUMMARY THAT CAN BE PUBLISHED IN THE FEDERAL REGISTER. .......................34

ANY ADDITIONAL INFORMATION, VIEWS, OR ARGUMENTS AVAILABLE TO

SUPPORT LITEPIXELS DIGITAL PHOTOGRAPHY & CROXIE.COM’S REQUEST......34

CONCLUSION....................................................................................................................... ...34
GLOSSARY OF ABBREVIATIONS

AGL Above Ground Level

AOI Area of Interest

ATC Air Traffic Control

ATO Air Traffic Organization

AV Aerial Vehicle

CFR Code of Federal Regulations

COA Certificate of Authorization

FAA Federal Aviation Administration

FAR Federal Aviation Regulation

GCS Ground Control Station

GPS Global Positioning System

LOL Loss of Link

NAS National Airspace System

NOTAM Notice to Airman

PIC Pilot In Command

Section 333 FAA Modernization and Reform Act of 2012 (FMRA) Section 333

SO Safety Observer

SOP Standard Operating Procedures

UA Unmanned Aircraft

UAS Unmanned Aircraft System

VFR Visual Flight Rules

VLOS Visual Line of Site

VMC Visual Meteorological Conditions

VTOL Vertical Takeoff and Landing
SUMMARY

David Croxford seeks exemption from the requirements of 14 C.F.R §§ 61.101(e)(4) and

(5), 61.315(a), 61.23(a), 91.7(a), 91.121, 91.151(b), 91.405(a), 91.407(a)(1), 91.409(a)(1) & (a)(2),

and 91.417(a) & (b), to operate an Unmanned Aircraft System pursuant to Section 333 of the FAA

Modernization and Reform Act of 2012 (FMRA). This exemption will permit Litepixels Digital 

Photography & CROXIE.com to operate an Unmanned Aircraft System (UAS) for the commercial 

purpose of conducting aerial video and photography of any news event, contracted private event, 

personal events and other forms of Commercial Photography contracted by News and Feature 

publications and broadcasting stations within the United States.

INTRODUCTION AND INTERESTS OF THE PETITIONER

Litepixels Digital Photography & CROXIE.com will provide its clients with the highest quality 

digital content for use in their commercial, personal, and non-profit multimedia projects. Litepixels 

Digital Photography & CROXIE.com will bring together years of professional marketing expertise, 

award-winning photographic talent and state-of-the art technology to make studio quality productions 

within reach for organizations of any size. Litepixels Digital Photography & CROXIE.com will also 

leverage years of professional news gathering experience to become a leading provider of news 

coverage, personal & unique viewpoint coverage for the clients with whom they contract. 

Litepixels Digital Photography & CROXIE.com has over 20 years commercial experience in all 

aspects of the News gathering and distribution industry. The objective of Litepixels Digital 

Photography & CROXIE.com aerial video and photography operations is to provide high quality 

imaging for a variety of commercial, public, and residential uses, specifically targeting:

• Aerial news event videography and photography

• Feature Videography and Documentary photography and cinematography

• Promotional videos for businesses, non-profits & government entities

• Agricultural surveys and environmental monitoring

• Unique Business viewpoint surveys, analysis and documentation
BACKGROUND

Unmanned Aircraft Systems: DJI Phantom 3 Professional UAS

Litepixels Digital Photography & CROXIE.com seeks an exemption to operate DJI systems for 

compensation or hire within the NAS. The DJI Phantom 3 Professional is a vertical takeoff and 

landing (VTOL) Unmanned Aircraft (UA) with a Ground Control Station (GCS) utilizing electronic 

tablet or smart phone systems. The Phantom 3 Professional is an electric powered rotary wing UAS 

that is capable of transmitting live airborne video images and location information to a Ground 

Control Station (GCS). The Phantom 3 Professional stores the photographs and data on board and 

makes them available for download after completion of the flight. The Phantom 3 Professional is 

23.5 in x 23.5 in x 7in and weighs 2.8 pounds, well under the 55 lbs mandated in the FMRA. The 

Phantom 3 Professional can conduct hovering flight and has a maximum cruising speed of 42 knots. 

It is battery powered, has a flight endurance of 23 minutes and can operate in temperatures

ranging from 0° to 40° C. The Phantom 3 Professional’s omni-directional antenna has a range of 2.1 

km and operates in the 2.420 – 2.483 GHz frequency range.

The Phantom 3 Professional that will be operated by Litepixels Digital Photography & CROXIE.com

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.

BASIS FOR PETITION

Petitioner, Litepixels Digital Photography & CROXIE.com, pursuant to the provisions of the Federal 

Aviation Regulations (14 C.F.R. § 11.61) and the FAA Modernization and Reform Act of 2012 

(FMRA), Section 333, Special Rules for Certain Unmanned Aircraft Systems, hereby petitions the

Administrator to commercially operate the DJI Phantom 3 Professional in the National Airspace 

System (NAS), and for an exemption from the requirements of 14 C.F.R §§ 61.101(e)(4) and (5), 

61.315(a), 61.23(a), 91.7(a), 91.121, 91.151(b), 91.405(a), 91.407(a)(1), 91.409(a)(1) & (a)(2), and 

91.417(a) & (b).

In consideration of the speed, weight, size, and limited operating area associated with the

unmanned aircraft and its operation, Litepixels Digital Photography and CROXIE.com’s operation of 

the DJI Phantom 3 Professional UAS meets the conditions of FMRA Section 333 and therefore, will 

not require an airworthiness certificate in accordance with 14 C.F.R. Part 21, Subpart H.

Accordingly, Litepixels Digital Photography & CROXIE.com requests relief from Sections 

91.405(a), 91.407(a)(1), 91.409(a)(1) & (a)(2), and 91.417(a) & (b), as these sections set forth 
requirements for maintenance that only apply to aircraft with an airworthiness certificate.

Litepixels Digital Photography & CROXIE.com submits that the requested relief is proper since an 

equivalent level of safety will be ensured. Litepixels Digital Photography & CROXIE.com will use 

experienced personnel or technicians to perform maintenance, alterations, or preventive maintenance 

on the UASs using the methods, techniques, and practices prescribed in the operating documents 

(i.e., Monthly Maintenance Log, and DJI Phantom 3 Professional Instruction Manual). Furthermore, 

Litepixels Digital Photography & CROXIE.com will document and maintain all maintenance

records for the DJI Phantom 3 Professional UAS.

Relief from certain requirements of Section 61.101(e)(4) and (5) entitled Recreational pilot

privileges and limitations: Pilot in command, and from Section 61.315(a) entitled What are the

privileges and limits of my sport pilot certificate, and from Section 61.23(a) entitled Medical

certificates: Requirements and duration, is requested by Litepixels Digital Photography & 

CROXIE.com to the extent necessary to allow a Pilot in Command (PIC) holding a sport pilot or 

higher level certificate, as well as a valid driver’s license, and who has demonstrated, by meeting 

minimum flight-hour and currency requirements, that the PIC is able to safely operate the DJI 

Phantom 3 Professional UAS in a manner consistent with this exemption, including evasive and 

emergency maneuvers and maintaining appropriate distances from people, vessels, vehicles and 

structures.

Litepixels Digital Photography & CROXIE.com seeks relief from Section 91.7(a), entitled Civil 

aircraft airworthiness, because the DJI Phantom 3 Professional UAS do not require an airworthiness 

certificate in accordance with 14 C.F.R. Part 21, Subpart H. As such, Litepixels Digital Photography 

& CROXIE.com submits that it will ensure that the DJI Phantom 3 Professional UAS are in an 

airworthy condition, prior to every flight, by determining that the UASs are in compliance with the 

operating documents (i.e., Monthly Maintenance Log, and DJI Phantom 3 Professional

Instruction Manual), and that the aircraft are in a condition for safe flight.

Litepixels Digital Photography & CROXIE.com also seeks an exemption from the requirements of 

Section 91.121, entitled Altimeter Settings, as the DJI Phantom 3 Professional UA will not have a 

typical barometric altimeter onboard. However, altitude information of the DJI Phantom 3 

Professional UA will be provided to the PIC via Global Positioning System (GPS) equipment and 

radio communications telemetry data link, which downlinks from the UA to the GCS for active 

monitoring of the flight path. This altitude information, combined with Litepixels Digital 

Photography & CROXIE.com’s operation of the DJI Phantom 3 Professional UAS within visual line 

of sight, at or below 500 feet AGL, will ensure a level of safety equivalent to Section 91.121.
Additionally, Litepixels Digital Photography & CROXIE.com seeks an exemption from the 

requirements of Section 91.151(b), entitled Fuel requirements for flight in VFR conditions. Litepixels 

Digital Photography & CROXIE.com submits that safety will not be affected by operation of the DJI 

Phantom 3 Professional UA during daylight hours in visual meteorological conditions (VMC) under 

visual flight rules (VFR), with enough battery power to fly for a total duration of approximately 19

minutes to the first point of intended landing and, assuming normal cruising speed, to fly after that 

for at least 4.5 minutes.

In accordance with 14 C.F.R. § 11.81, Litepixels Digital Photography & CROXIE.com provides the 

following information in support of its petition for exemption:

A. Name And Address Of The Petitioner.

The name and address of the Petitioner and point of contact is:

David Croxford

Litepixels Digital Photography & CROXIE.com

1515 Ward Avenue, Apt 201

Honolulu, HI 96822

Tel:(808)393-5448

Email: dc@croxie.com

B. The Specific Sections Of 14 C.F.R. from which Litepixels Digital Photography & 

CROXIE.com seeks exemption.

1. Litepixels Digital Photography & CROXIE.com seeks exemption from the requirements of 

Section 61.101(e)(4) and (5)

Section 61.101, entitled Recreational pilot privileges and limitations: Pilot in command, 

subsection (e)(4) and (5) prescribe the following, in relevant part:

(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;

2. Litepixels Digital Photography & CROXIE.com Seeks Exemption From The Requirements 

Of Section 61.23(a).

Section 61.23(a), entitled Operations requiring a medical certificate: Requirements

and duration, subsection (a) prescribe the following, in relevant part:(f) Except as provided in 
paragraphs (d) and (i) of this section, a recreational pilot may not act

as pilot in command of an aircraft

3. Litepixels Digital Photography & CROXIE.com Seeks Exemption From The Requirements 

Of Section 61.315(a).

Section 61.315(a), entitled What are the privileges and limits of my sport pilot

certificate, subsection (a) prescribe the following, in relevant part: (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.-

4. Litepixels Digital Photography & CROXIE.com Seeks Exemption From The Requirements 

Of Section 91.7(a).

Section 91.7, entitled Civil aircraft airworthiness, subsection (a), states the following: (a) No 

person may operate a civil aircraft unless it is in an airworthy condition.

5. Litepixels Digital Photography & CROXIE.com Exemption From The Requirements Of 

Section 91.121.

Section 91.121, entitled Altimeter settings, subsection (a), states the following, in part:

(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.

6. Litepixels Digital Photography & CROXIE.com Exemption From The Requirements Of 

Section 91.151(b).

Section 91.151, entitled Fuel requirements for flight in VFR conditions, subsection (b),

states the following:
(b) No person may begin a flight in a rotorcraft 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, to fly after that for at least 20

minutes.

7. Litepixels Digital Photography & CROXIE.com Exemption From The Requirement Of 

Section 91.405(a).

Section 91.405, entitled Maintenance required, subsection (a), states the following: 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[.]

8. Litepixels Digital Photography & CROXIE.com From The Requirements Of Section 

91.407(a)(1)

Section 91.407, entitled Operation after maintenance, preventive maintenance, rebuilding,

or alteration, subsection (a)(1), states the following:

(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[.]

9. Litepixels Digital Photography & CROXIE.com Seeks Exemption From The Requirements 

Of Sections 91.409(a)(1) and 91.409(a)(2).

Section 91.409, entitled Inspections, subsection (a), states the following:

(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.

10. Litepixels Digital Photography & CROXIE.com Exemption From The Requirements Of 

Sections 91.417(a) and 91.417(b).

Section 91.417, entitled Maintenance records, subsections (a) and (b), state the following:

(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:

(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, a nd

appliances.

(b) The owner or operator shall retain the following records for the periods

prescribed:

(1) The records specified in paragraph (a)(1) of this section shall be retained until the work is

repeated or superseded by other work or for 1 year after the work is performed.

(2) The records specified in paragraph (a)(2) of this section shall be retained and transferred

with the aircraft at the time the aircraft is sold.
(3) A list of defects furnished to a registered owner or operator under § 43.11 of this chapter

shall be retained until the defects are repaired and the aircraft is approved for return to

service.

C. The Extent Of Relief Litepixels Digital Photography & CROXIE.com Seeks And The 

Reason Litepixels Digital Photography & CROXIE.com Seeks The Relief.

1. Extent Of Relief Litepixels Digital Photography & CROXIE.com Seeks And The 

Reason Litepixels Digital Photography & CROXIE.com, Seeks Relief From Section 

61.113(a) and (b).

Relief from Section 61.113(a) and (b) entitled Private pilot privileges and limitations: Pilot in

command, is requested to the extent necessary to allow a PIC holding a private pilot or higher 

level certificate, as well as a current and valid airman medical certificate, and who has met 

certain flight hour and currency requirements, to conduct the proposed UAS flight operations 

for compensation or hire.

This relief is requested since the limitations set forth in Section 61.113(a) and (b) state that

a private pilot may, for compensation or hire, act as PIC of an aircraft in connection with any

business or employment if: (1) The flight is only incidental to that business or employment; 

and (2) The aircraft does not carry passengers or property for compensation or hire.

As set forth more fully below, Litepixels Digital Photography & CROXIE.com submits that 

an equivalent level of safety will be maintained because no PIC will be allowed to operate the 

DJI Phantom 3 Professional UAS UA unless that PIC has met certain flight-hour and 

currency requirements, demonstrating that the PIC is able to safely operate either the DJI 

Phantom 3 Professional UAS in a manner consistent with the operations specifications

as described in this exemption, including evasive and emergency maneuvers, as well as 

maintaining appropriate distances from people, vessels, vehicles and structures .

Further, Litepixels Digital Photography & CROXIE.com submits that all flights of the DJI 

Phantom 3 Professional UAS, conducted by the PIC pursuant to the grant of this Petition: (1) 

will be incidental to Litepixels Digital Photography & CROXIE.com business; and (2) will 

not carry passengers or property for compensation or hire.

2. Extent Of Relief Litepixels Digital Photography & CROXIE.com Seeks And The Reason 

Litepixels Digital Photography & CROXIE.com Seeks Relief From Section 61.23(a).

Relief from Section 61.23(a), entitled Operations requiring a medical certificate:

Requirements and duration, is requested to the extent required to necessary to allow a PIC 

holding a sport pilot certificate or higher level certificate, as well as a current and valid 
driver’s license, to conduct the proposed UAS flight operations for compensation or hire.

This relief is requested since the limitations set forth in Section 61.23(a) otherwise require 

the PIC of any flight for compensation or hire to hold a comprehensive FAA issued medical 

certificate.

In Exemption No. 11213 to Aeryon Labs, Inc., the FAA “finds that, because of the risk 

mitigations established in the conditions and limitations of this exemption, a person that 

holds a U.S. issued driver’s license who is operating a UAS will not adversely affect safety. 

The FAA is granting relief from § 61.23(a) to allow any pilot that holds one of the pilot’s 

certificates discussed above to operatea UAS under this exemption with a U.S. issued 

driver’s license, in lieu of an FAA-issued medical certificate. The FAA is also granting relief 

from § 61.23(c) to allow sport pilot certificate holders to operate aircraft other than LSA with 

a U.S. issued driver’s license under this exemption.”

3. Extent Of Relief Litepixels Digital Photography & CROXIE.com Seeks And The Reason 

Litepixels Digital Photography & CROXIE.com Seeks Relief From Section 61.315(a).

Relief from Section 61.315(a) entitled What are the privileges and limits of my sport pilot

certificate, is requested to the extent necessary to allow a PIC holding a sport pilot or higher 

level certificate to conduct the proposed UAS flight operations for compensation or hire.

This relief is requested since the limitations set forth in Section 61.315(a) restrict a sport pilot

from acting as the PIC of any flight for compensation or hire, or for the furtherance of any 

business.

In Exemption No. 11213 to Aeryon Labs, Inc., the FAA re-assessed the level of pilot

certificate that would be appropriate for the petitioner’s operations. In evaluating this 

petition, similar to the evaluation of the private and commercial pilot certificates in 

Exemption No. 11062, the agency compared the aeronautical knowledge requirements of the 

recreational and sport pilot certificates to those of the private pilot certificate. They found 

that the aeronautical knowledge requirements that would be applicable to a UAS operation 

for a recreational pilot and sport pilot certificate are substantially similar as those for a 

private pilot certificate.

Additionally, similar to the private and commercial pilot certificates, holders of recreational

and sport pilot certificates are subject to security screening by the Department of Homeland 

Security (DHS).

Therefore, because they must demonstrate aeronautical knowledge relevant to UAS
operations and are subject to DHS screening, factors that were considered by the FAA in 

allowing private pilot operations under previous exemptions, the FAA now determines that 

holders of recreational and sport pilot certificates may serve as the PIC for UAS operations.

4. Extent Of Relief Litepixels Digital Photography and CROXIE.comSeeks And The Reason 

Litepixels Digital Photography & CROXIE.com Seeks Relief From Section 91.7(a).

Relief from Section 91.7(a) entitled Civil aircraft airworthiness, is requested to the extent

required to allow David Croxford, Litepixels Digital Photography & CROXIE.com to 

determine that the DJI Phantom 3 Professional UAS are in airworthy condition prior to every 

flight by ensuring that the UAS is in compliance with the operating documents (i.e., the DJI 

Phantom 3 Professional Maintenance Manual, Monthly Maintenance Log, and DJI Phantom 

3 Professional Instruction Manual).

Litepixels Digital Photography & CROXIE.com seeks the requested relief because the DJI 

Phantom 3 Professional UAS do not require an airworthiness certificate in accordance with 

14 C.F.R. Part 21, Subpart H. Therefore, Litepixels Digital Photography & CROXIE.com

will ensure that the DJI Phantom 3 Professional UAS are in airworthy condition based upon 

its compliance with the operating documents (i.e., Monthly Maintenance Log, and DJI 

Phantom 3 Professional Instruction Manual) prior to every flight, and further, determine that 

the aircraft are in condition for safe flight, as stated in the conditions and limitations below.

5. Extent Of Relief Litepixels Digital Photography & CROXIE.com Seeks And The Reason 

Litepixels Digital Photography & CROXIE.com Seeks Relief From Section 91.121.

Relief from Section 91.121, entitled Altimeter settings, may be required to allow flight

operations of the DJI Phantom 3 Professional UAS, which utilize a barometric pressure 

sensor, GPS equipment, and a radio communications telemetry data link to downlink altitude 

information from the UA to the PIC at the ground control station (GCS). Since the FAA 

requires that any altitude information concerning UAS operations be reported to air traffic 

control (ATC) in feet above ground level (AGL), Litepixels Digital Photography & 

CROXIE.com seeks the requested relief because the DJI Phantom 3 ProfessionalUA’s 

altimeter may be set on the ground to zero feet AGL, rather than the local barometric 

pressure or field altitude, before each flight.

Considering the limited altitude of the proposed operations, relief from 14 CFR

91.121 is sought to the extent necessary to comply with the applicable conditions and 
limitations stated below. As more fully set forth herein, an equivalent level of safety will be 

maintained since the DJI Phantom 3 Professional UAS are equipped with a barometric 

pressure sensor and GPS equipment, which automatically ensures that a ground level 

pressure setting will be established prior to each flight, and provides the PIC with altitude 

information of the UA on the heads-up display of the GCS.

6. Extent Of Relief Litepixels Digital Photography & CROXIE.com Seeks And The Litepixels 

Digital Photography & CROXIE.com Relief From Section 91.151(b).

Relief from Section 91.151(b) entitled Fuel requirements for flight in VFR conditions, is

requested to the extent required to allow flights of the battery powered DJI Phantom 3 

Professional UAS during daylight hours in visual meteorological conditions (VMC), under 

visual flight rules (VFR), for a total duration of 19.5 minutes to the first point of intended 

landing and, assuming normal cruising speed, to fly after that for at least 4.5 minutes. 

Litepixels Digital Photography & CROXIE.com seeks the requested relief because without

an exemption from Section 91.151(b), the flight time duration of the battery powered DJI 

Phantom 3 Professional UA will severely constrain the practicality of any aerial video or still 

photo flight operations that Litepixels Digital Photography & CROXIE.com proposes to 

conduct pursuant to this Petition.

Significantly, as set forth below, the technical specifications of the DJI Phantom 3 

Professional UAS, the DJI Phantom 3 Professional operating documents, and Litepixels 

Digital Photography & CROXIE.com’s proposed operating limitations, ensure

that Litepixels Digital Photography & CROXIE.com will safely operate the battery powered 

DJI Phantom 3 Professional UAS during daylight hours in visual meteorological conditions 

(VMC), under visual flight rules (VFR), with enough battery power to fly for a total duration 

of 19.5 minutes to the first point of intended landing and, assuming normal cruising speed, to 

fly after that for at least 4.5 minutes.

7. Extent Of Relief Litepixels Digital Photography & CROXIE.com Seeks And The Reason 

Litepixels Digital Photography & CROXIE.com Seeks Relief From Sections 91.405(a), 

91.407(a)(1), 91.409(a)(1) & (a)(2), and 91.417(a) & (b).

Since Sections 91.405(a), 91.407(a)(1), 91.409(a)(1) & (a)(2), and 91.417(a) & (b) only 

apply to aircraft with an airworthiness certificate, David Croxford, Litepixels Digital 

Photography & CROXIE.com requests relief from these Sections because the DJI Phantom 3 
Professional UAS does not require airworthiness certificates. As set forth more

fully below, the DJI Phantom 3 Professional UAS meets the conditions of FMRA Section 

333 for operation without an airworthiness certificate. Accordingly, David Croxford, 

Litepixels Digital Photography & CROXIE.com will use trained technicians to

perform maintenance, alterations, or preventive maintenance on the UASs using the methods,

techniques, and practices prescribed in the UAS operating documents (i.e., the DJI Phantom 

3 Professional Maintenance Manual, Monthly Maintenance Log, and DJI Phantom 3 

ProfessionalInstruction Manual).

Furthermore, Litepixels Digital Photography & CROXIE.com will document and maintain all 

maintenance records for the DJI Phantom 3 Professional UAS.

D. The Reasons Why Granting David Croxford, Litepixels Digital Photography & 

CROXIE.com Request Would Be In The Public Interest; That Is, How It Would Benefit 

The Public As A Whole.

Granting the present Petition will further the public interest by allowing Litepixels Digital 

Photography & CROXIE.com to safely, efficiently, and economically conduct aerial video 

and photography of news events providing its clients with the highest quality digital content 

for use in their commercial, personal, and non-profit multimedia projects, specifically 

targeting:

• Aerial news event videography and photography

• Feature Videography and Documentary photography and cinematography

• Promotional videos for businesses, non-profits & government entities

• Agricultural surveys and environmental monitoring

• Unique Business viewpoint surveys, analysis and documentation of outdoor recreational 

facilities, real estate, special events, and landscapes over certain areas of the United States.

Additionally, use of the DJI Phantom 3 Professional UAS will decrease congestion of the 

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

of Litepixels Digital Photography & CROXIE.com’s proposed operation of the DJI Phantom 

3 Professional UAS will be realized without implicating any privacy issues.

1. The Public Will Benefit From Decreased Congestion Of The NAS.

The DJI Phantom 3 Professional UAS are battery powered and serve as a safe, efficient, and 

economical alternative to the manned aircraft traditionally utilized to obtain aerial imagery. 
By reducing the amount of manned aircraft needed to perform aerial acquisitions, an 

exemption allowing the use of a DJI Phantom 3 Professional UAS would reduce the amount 

of manned aircraft in the NAS, reduce noise and air pollution, as well as increase the safety 

of life and property in the air and on the ground.

Furthermore, by reducing the number of manned aircraft operating in the NAS, congestion

around airports caused by arriving and departing aircraft will be reduced. The DJI Phantom 3 

Professional UAS do not require an airport to takeoff or land. Likewise, a reduction of 

manned aircraft conducting aerial video and photography missions would result in fewer 

aircraft that must be handled by air traffic control during the ground, takeoff, departure, 

arrival, and landing phases of flight operations.

2. The Public Will Benefit From The Safety And Efficiency Of The DJI Phantom 3 Professional

UAS.

Conducting aerial acquisitions with the DJI Phantom 3 Professional 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, the DJI Phantom 3 Professional UAS produce no air 

pollution, and is the most viable environmentally conscious alternative to the cabin class, six 

cylinder 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. 

The DJI Phantom 3 Professional UAS, while reducing the carbon footprint of aerial 

acquisitions, also eliminates noise pollution, as the UASs are propelled by battery

powered electric motors, rather than an internal combustion engine. By using the DJI 

Phantom 3 Professional UASto perform aerial acquisitions, the substantial risk to life and 

property in the air and on the ground, which is usually associated with traditional manned 

aircraft flight operations, will be substantially reduced or completely eliminated. Aside from 

the lack of flight crew members located onboard the aircraft, the DJI Phantom 3 Professional 

UAS (weighing approximately 2.5 pounds maximum gross weights with a

length of 23 inches, width of 23 inches, and with no fuel on board), has less physical 

potential for collateral damage to life and property on the ground, and in the air, compared to 

the manned aircraft that typically conduct similar operations (weighing approximately 6,000 

pounds with a wingspan of approximately 42 feet, a length of 34 feet, and a fuel capacity of 

180 gallons).
3. Performing Aerial Video and Photography Operations With The DJI Phantom 3 

Professional UAS Will Benefit The Economy.

In addition to being safe and efficient, the DJI Phantom 3 Professionalis also an economical 

alternative to using manned aircraft to conduct similar aerial operations. As such, operation 

of the DJI Phantom 3 Professional UAS will allow United States based companies, like 

Litepixels Digital Photography & CROXIE.com, to remain competitive and contribute to 

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 DJI Phantom 3 Professional 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.

By operating the DJI Phantom 3 Professional UAS, companies such as Litepixels Digital 

Photography & CROXIE.com, can remain competitive and profitable, and therefore, provide 

greater job stability to employees and contractors, which will ultimately contribute to growth 

of the U.S. economy. Improved financial performance of U.S. companies, through 

commercial use of the DJI Phantom 3 Professional UAS, provides a stable workforce that

increases consumer spending; improves local, state, and federal tax revenues; and allows 

companies to invest in research and development in order to remain competitive both in the 

United States and abroad.

4. There Are No Privacy Issues.

Similar to the manned aerial acquisition flight operations that have been conducted for 

decades, Litepixels Digital Photography & CROXIE.com proposed operation of the DJI 

Phantom 3 Professional UAS will not implicate any privacy issues. Specifically, the DJI 

Phantom 3 Professional UAS will be operated only in compliance with the conditions set 

forth in any exemption granted under this petition.

E. The Reasons Why Granting The Exemption Would Not Adversely Affect Safety, Or How

The Exemption Would Provide A Level Of Safety At Least Equal To That Provided By

The Rule From Which Litepixels Digital Photography & CROXIE.com Seeks Exemption.

1. Reasons Why The DJI Phantom 3 ProfessionalUA Meet The Conditions Of The FAA 
Modernization and Reform Act of 2012 (FMRA) Section 333.

In consideration of the size, weight, speed, and limited operating area associated with the 

unmanned aircraft and its operation, Litepixels Digital Photography & CROXIE.com’s

operation of the DJI Phantom 3 Professional UAS meet the conditions of FMRA Section 333, 

and will not require an airworthiness certificate in accordance with 14 C.F.R. Part 21, 

Subpart H. Section 333 provides authority for a UAS to operate without airworthiness 

certification and sets forth requirements for considering whether a UAS will create a hazard 

to users of the NAS or the public, or otherwise pose a threat to national security. Specifically, 

FMRA Section 333 states the following, in part:

(a) In General.--Notwithstanding any other requirement of this subtitle, and not later 

than 180 days after the date of enactment of this Act, the Secretary of Transportation shall 

determine if certain unmanned aircraft systems may operate safely in the national airspace 

system before completion of the plan and rulemaking required by section 332 of this Act or 

the guidance required by section 333 of this Act.

(b) Assessment of Unmanned Aircraft Systems.--In making the determination under 

subsection (a), the Secretary shall determine, at a minimum-(1) which types of unmanned 

aircraft systems, if any, as a result of their size, weight, speed, operational capability, 

proximity to airports and populated areas, and operation within visual line of

sight do not create a hazard to users of the national airspace system or the public or pose a 

threat to national security; and(2) whether a certificate of waiver, certificate of 

authorization, or airworthiness certification under

section 44704 of title 49, United States Code, is required for the operation of unmanned 

aircraft systems identified under paragraph (1). (c) Requirements for Safe Operation.--If the 

Secretary determines under this section that certain unmanned aircraft systems may operate 

safely in the national airspace system, the Secretary shall establish requirements for the safe 

operation of such aircraft systems in the national airspace system.

In seeking this exemption, Litepixels Digital Photography & CROXIE.com submits that the DJI 

Phantom 3 Professional UAS can operate safely in the NAS pursuant to FMRA Section 333, as 

demonstrated by:

(a) the characteristics of the DJI Phantom 3 Professional UAS; (b) the pilot certification requirement; 

and

(c) the specific operating limitations.
a. The Specifications Of The DJI Phantom 3 Professional UAS Demonstrate Its Safe

Characteristics.

The DJI Phantom 3 Professional UAS does not create a hazard to users of the NAS or the public, or 

otherwise pose a threat to national security considering its size, weight, speed, and operational 

capability.

i. Technical Specifications Of The DJI Phantom 3 Professional UAS.

The technical specifications of the DJI Phantom 3 Professional UAS is set forth by the DJI Phantom 

3 Professional Specifications and Data Sheet, attached hereto as Exhibit A.

ii. The DJI Phantom 3 Professional UAS Autonomous Flight And Navigation Modes 

Enable The UAS To Remain Within A Defined Operational Area.

The DJI Phantom 3 Professional UAS may be operated in both manual and fully autonomous flight 

modes.

A complete description of the flight and navigational modes of the DJI Phantom 3 Professional UAS

is provided in the DJI Phantom 3 Professional User Manual, attached hereto as Exhibit B.

iii. The DJI Phantom 3 Professional UAS Are Designed For Automatic Return To Home 

Point Or Hover In The Event Of Loss Of The Control Link Or Navigation.

When the Control Link is lost, the DJI Phantom 3 Professional UA will remain stationary, in flight, 

for 3 seconds or more. If, after 3 seconds, the DJI Phantom 3 Professional UA does not reacquire 

control link data from the GCS, the UA will assume that the Control Link is lost and the UA will 

return to the home position (i.e., failsafe mode) via GPS, and will descend to the takeoff position and 

shutdown.

A complete description of the Failsafe Functions of the DJI Phantom 3 Professional UAS are set 

forth in the DJI Phantom 3 Professional User Manual, attached hereto as B.

iv. The DJI Phantom 3 Professional GCS And Its Operation.

A complete description of the operation and specifications of the DJI Phantom 3 Professional GCS 

and flight control software is provided in the DJI Phantom 3 Professional User Manual. DJI Phantom 

3 Professional User Manual is attached hereto as Exhibit B.

b. Flight Operations Of DJI Phantom 3 Professional UAS Are Limited To The Line Of Sight Of 

A Certificated Pilot in Command With A Safety Observer.

David Croxford, Litepixels Digital Photography & CROXIE.com will only utilize certificated pilots 

who possess a current and valid airman medical certificate to act as a pilot in command (PIC) of the 

DJI Phantom 3 Professional UAS. Additionally, a safety observer will assist all pilots during flight 

time.
c. Flights Of DJI Phantom 3 Professional UAS Will Be Conducted Pursuant To Specific 

Operating Limitations.

In seeking this exemption, proposes to commercially operate DJI Phantom 3 Professional UAS for 

the special purpose of conducting aerial video and photography over certain areas of United States,

pursuant to the following specific operating limitations:

1. Operations authorized by this grant of exemption will be limited to the following aircraft

described in the operating documents, rotorcraft UASs weighing less than 55 pounds

maximum gross weight: DJI Phantom 3 Professional Unmanned Aircraft System. Proposed 

operations of any other aircraft will require a new petition or a petition to amend this grant.

2. UAS operations under this exemption will be limited to conducting operations for the purpose of 

aerial video and photography.

3. The UAs may not be flown at an indicated airspeed exceeding 20 knots.

4. The UA must be operated at an altitude of no more than 500 feet above ground level (AGL), as

indicated by the procedures specified in the operating documents unless a special request is made

and approved by ATC. All altitudes reported to ATC must be in feet AGL.

5. The UAs must be operated within visual line of sight (VLOS) of the PIC at all times. This

requires the PIC to be able to use human vision unaided by any device other than corrective

lenses, as specified on the PIC’s FAA-issued airman medical certificate.

6. The use of first person view (FPV) by the PIC or safety observer (SO) is not permitted.

7. All operations must utilize a safety observer (SO). The SO may be used to satisfy the VLOS

requirement as long as the PIC always maintains VLOS capability. The SO and PIC must be able

to communicate verbally at all times. Electronic messaging or texting is not permitted during

flight operations. The PIC must be designated before the flight and cannot transfer his or her

designation for the duration of the flight. The PIC must ensure that the SO can perform the

functions prescribed in the operating documents.

8. The SO must not perform any other duties beyond assisting the PIC with seeing and avoiding

other air traffic and other ground based obstacles/obstructions and is not permitted to operate the

camera or other instruments.

9. The operating documents and the grant of exemption must be accessible during UAS

operations and made available to the Administrator upon request. If a discrepancy exists between

the conditions and limitations contained in the grant of exemption and the procedures outlined in

the operating documents, the conditions and limitations contained in the grant of exemption take

precedence and must be followed. Otherwise, the operator must follow the procedures as outlined
in its operating documents. The operator may update or revise its operating documents. It is the

operator’s responsibility to track such revisions and present updated and revised documents to the

Administrator upon request. The operator must also present updated and revised documents if it

petitions for extension or amendment to the grant of exemption. If the operator determines that

any update or revision would affect the basis upon which the FAA granted the exemption, then

the operator must petition for amendment to its grant of exemption. The FAA’s UAS Integration

Office (AFS-80) may be contacted if questions arise regarding updates or revisions to the

operating documents.

10. Prior to each flight the PIC must inspect the UAS to ensure that it is in a condition for safe

flight. If the inspection reveals a condition that affects the safe operation of the UAS, the aircraft

is prohibited from operating until the necessary maintenance has been performed and the UAS is

found to be in a condition for safe flight. The Ground Control Station must be included in the

preflight inspection. All maintenance and alterations must be properly documented in the aircraft

records.

11. Any UAS that has undergone maintenance or alterations that affect the UAS operation or

flight characteristics, e.g. replacement of a flight critical component, must undergo a functional

test flight. The PIC who conducts the functional test flight must make an entry in the aircraft

records.

12. The pre-flight inspection must account for all potential discrepancies, e.g. inoperable

components, items, or equipment, not already covered in the relevant sections of the operating

documents.

13. The operator must follow the UAS manufacturer’s aircraft/component, maintenance,overhaul,

replacement, inspection, and life limit requirements.

14. The operator must carry out its maintenance, inspections, and record keeping requirements, in

accordance with the operating documents. Maintenance, inspection, alterations, and status of

replacement/overhaul component parts must be noted in the aircraft records, including total time

in service, description of work accomplished, and the signature of the authorized person returning

the UAS to service.

15. Each UASs operated under this exemption must comply with all manufacturer Safety

Bulletins.

16.The authorized person must make an entry in the aircraft record of the corrective action taken

against discrepancies discovered between inspections.

17. The PIC must possess at least a private pilot certificate and at least a current third-class
medical certificate.

18. The operator may not permit any PIC to operate unless the PIC meets the operator’s

qualification criteria and demonstrates the ability to safely operate the UAS in a manner

consistent with how the UAS will be operated under the exemption, including evasive and

emergency maneuvers and maintaining appropriate distances from persons, vessels, vehicles and

structures. PIC qualification flight hours must be logged in a manner consistent with 14 C.F.R. §

61.51(b). Flights for the purposes of training the operator’s PICs are permitted under the terms of

the exemption. However, training operations may only be conducted during dedicated training

sessions. During training, proficiency, and experience-building flights, all persons not essential

for flight operations are considered nonparticipants, and the PIC must operate the UA with

appropriate distance from nonparticipants in accordance with 14 C.F.R. § 91.119.

19. UAS operations may not be conducted during night, as defined in 14 C.F.R. §

19.1. All operations must be conducted under visual meteorological conditions

(VMC). If flight at night is required, a special request will be made at the FAA

office closest to proposed area of operations. Flights under special visual flight

rules (SVFR) are not authorized.

20. The UA may not operate within 5 nautical miles of an airport reference point as denoted on a

current FAA-published aeronautical chart unless a letter of agreement with that airport’s

management is obtained, and the operation is conducted in accordance with a NOTAM as

required by the operator’s COA. The letter of agreement with the airport management must be

made available to the Administrator upon request.

21. The UA 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.

22. If the UA loses communications or loses its GPS signal, it must return to a predetermined 

location within the planned operating area and land or be recovered in accordance with the operating

documents.

23. The PIC must abort the flight in the event of unpredicted obstacles or emergencies in accordance

with the operating documents.

24. The PIC is prohibited from beginning a flight unless (considering wind and forecast weather

conditions) there is enough power to fly at normal cruising speed to the intended landing point

and land the UA with 25% battery power remaining.

25. The operator must obtain an Air Traffic Organization (ATO) issued Certificate of Waiver or

Authorization (COA) prior to conducting any operations under the grant of exemption. This COA
will also require the operator to request a Notice to Airman (NOTAM) not more than 72 hours in

advance, but not less than 48 hours prior to the operation. All operations shall be conducted in

accordance with airspace requirements in the ATO issued COA including class of airspace,

altitude level and potential transponder requirements.

26. All aircraft operated in accordance with the exemption must be identified by serial number,

registered in accordance with 14 C.F.R. part 47, and have identification (N-Number) markings in

accordance with 14 C.F.R. part 45, Subpart C. Markings must be as large as practicable.

27. Before conducting operations, the radio frequency spectrum used for operation and control of the

UA must comply with the Federal Communications Commission (FCC) or other appropriate

government oversight agency requirements.

28. The documents required fewer than 14 C.F.R. 91.9 and 91.203 must be available to the PIC at the

Ground Control Station of the UAS any time the UAS is operating. These documents must be

made available to the Administrator or any law enforcement official upon request.

29. The UA must remain clear and yield the right of way to all manned aviation operations and

activities at all times.

30. The UAS may not be operated by the PIC from any moving device or vehicle.

31. Flight operations must be conducted at least 500 feet from all nonparticipating persons (persons

other than the PIC, SO, operator trainees or essential persons), vessels, vehicles, and structures

unless:

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

UA and/or debris in the event of an accident. The operator must ensure that nonparticipating

persons remain under such protection. If a situation arises where nonparticipating persons

leave such protection and are within 500 feet of the UA, flight operations must cease

immediately and/or;

b. The aircraft is operated near vessels, vehicles or structures where the owner/controller of

such vessels, vehicles or structures has granted permission and the PIC has made a safety

assessment of the risk of operating closer to those objects and determined that it does not

present an undue hazard, and;

c. Operations nearer to the PIC, SO, operator trainees or essential persons do not present an

undue hazard to those persons per § 91.119(a).

32. All operations shall be conducted over private or controlled-access property with permission 

from the land owner/controller or authorized representative. Permission from land owner/controller 

or authorized representative will be obtained for each flight to be conducted.
33. Any incident, accident, or flight operation that transgresses the lateral or vertical boundaries

of the operational area as defined by the applicable COA must be reported to the FAA's UAS

Integration Office (AFS-80) within 24 hours. Accidents must be reported to the National

Transportation Safety Board (NTSB) per instructions contained on the NTSB Web site:

www.ntsb.gov.

2. Reasons Why An Exemption From The Requirements Of Section 61.113(a) And (b) Would

Not Adversely Affect Safety.

Litepixels Digital Photography and CROXIE.com submits that the equivalent level of safety 

established by Section 61.113(a) and (b) will be maintained because no PIC will be allowed to 

operate the DJI Phantom 3 Professional UAS unless that PIC has demonstrated, by meeting 

minimum flight-hour and currency requirements, that the PIC is able to safely operate the DJI 

Phantom 3 Professional UAS in a manner consistent with the exemption, including evasive and 

emergency maneuvers and maintaining appropriate distances from people, vessels, vehicles and 

structures. Considering Litepixels Digital Photography & CROXIE.com proposed area of operations, 

and the operating limitations set forth-above; the parallel nature of sport pilot aeronautical knowledge 

requirements to those of commercial pilot requirements (See Exemption No. 11062); and the 

airmanship skills necessary to safely operate the DJI Phantom 3 Professional UAS, Litepixels Digital 

Photography & CROXIE.com submits that the additional manned airmanship experience of a 

commercially certificated pilot would not correlate to the airmanship skills necessary for Litepixels 

Digital Photography & CROXIE.com specific proposed flight operations.

The FAA has previously granted relief from Section 61.113(a) and (b) specific to UAS, in

circumstances similar, in all material respects, to those presented herein (e.g. Exemption Nos. 11062,

11063, 11064, 11065, 11066, 11067, 11080, 11109, 11110, 11112, 11136, 11138, 11150, 11153,

11156, 11158, 11159, 11160, 11161).

Litepixels Digital Photography & CROXIE.com will not allow any PIC to operate the DJI Phantom 3 

Professional UAS unless that PIC has demonstrated, by meeting minimum flight-hour requirements 

or the DJI Phantom 3 Professional UAS training and currency requirements, that the PIC is able to 

safely operate the DJI Phantom 3 Professional UAS in a manner consistent with this exemption, 

including evasive and emergency maneuvers and maintaining appropriate distances from people, 

vessels, vehicles and structures.

Specifically, the PIC must have accumulated and logged, in a manner consistent with 14

C.F.R. § 61.51(b), 25 hours of total time as a UAS rotorcraft pilot (with a minimum of 5 hours of

those hours as a UAS pilot operating the same make and model of UAS to be used for operations 
under the exemption). In addition to the hour requirements, the PIC must accomplish 3 takeoffs and 

landings in the preceding 90 days (for currency purposes).

As in Exemption Nos. 11062, 11138, and 11153, prior documented flight experience that was

obtained in compliance with applicable regulations will ensure an equivalent level of safety during 

Litepixels Digital Photography & CROXIE.com proposed operations. The Administrator has held 

that prior documented flight experience that was obtained in compliance with applicable regulations 

would ensure safe operations, stating as follows:

In Exemption No. 11062, the FAA required that prior to conducting operations for the

purpose of motion picture filming (or similar operations), the PIC must have accumulated and

logged, in a manner consistent with 14 CFR 61.51(b), 25 hours of total time as a UAS

rotorcraft pilot including at least 10 hours logged as a UAS pilot with a multi-rotor UAS.

Prior to operations under Exemption No. 11062, the PIC must also have accumulated and

logged a minimum of 5 hours as a UAS pilot operating the same make and model of UAS to

be used for operations under the exemption. For clarification, the FAA considers these

minimum hour requirements to be inclusive rather than additive; i.e. 5 hours make and model

time may be included in the 10 hours of multi-rotor time and the 10 hours may be included in

the total 25 hours of UAS rotorcraft time. In addition to the hour requirements, the PIC must

accomplish 3 takeoffs and landings in the preceding 90 days (for currency purposes). The

FAA finds that at a minimum, the flight-hour requirements in Exemption No. 11062 are

appropriate to practice and build proficiency in the skills necessary to safely conduct the

petitioner’s proposed operations. The FAA also finds that prior documented flight experience

that was obtained in compliance with applicable regulations would satisfy this requirement.

Training, proficiency, and experience-building flights can also be conducted under the grant

of exemption to accomplish the required flight time. During training, proficiency, and

experience-building flights the PIC is required to operate the UA with appropriate distances

in accordance with 14 C.F.R 91.119.

Exemption No. 11138 at page 15.

Accordingly, Litepixels Digital Photography & CROXIE.com will ensure safe operations by not 

allowing any PIC to operate the DJI Phantom 3 Professional UAS unless that PIC has demonstrated, 

by meeting minimum flight-hour and currency requirements, that the PIC is able to safely operate the

DJI Phantom 3 Professional UAS in a manner consistent with the exemption, including evasive and

emergency maneuvers and maintaining appropriate distances from people, vessels, vehicles

and structures.
3. Reasons Why An Exemption From The Requirements Of Section 91.7(a) Would

Not Adversely Affect Safety.

The equivalent level of safety established by Section 91.7(a) will be maintained because prior

to every flight, Litepixels Digital Photography & CROXIE.com will ensure that the DJI Phantom 3 

Professional UAS is in an airworthy condition based upon the UAS’s compliance with its operating 

documents and as stated in the conditions and limitations herein. Additionally, the FAA has 

previously granted relief from Section 91.7(a) specific to UAS, in circumstances similar, in all 

material respects, to those presented herein (e.g. Exemption Nos. 11062, 11063, 11064, 11065,

11066, 11067, 11080, 11109, 11110, 11112, 11136, 11138, 11150, 11153, 11156, 11157, 11158, 

11159, 11160, 11161).

4. Reasons Why An Exemption From The Requirements Of Section 91.121 Would

Not Adversely Affect Safety.

The equivalent level of safety established by Section 91.121 will be maintained because the

altitude information of the DJI Phantom 3 Professional UAS will be provided to the PIC via GPS 

equipment and a

radio communications telemetry data link, which downlinks from the UAS to the GCS for active

monitoring of the flight path and altitude. This altitude information, combined with Altiora Media,

LLC’s operation of the DJI Phantom 3 Professional UAS within visual line of sight, at or below 500 

feet AGL, will

ensure a level of safety equivalent to Section 91.121. The altitude information will be generated by

GPS equipment installed onboard the aircraft. Prior to each flight, a zero altitude initiation point is

automatically established by the UASs at ground level.

The FAA has previously granted relief from Section 91.121 specific to UAS, in

circumstances similar, in all material respects, to those presented herein (e.g. Exemption

Nos. 11062, 11063, 11064, 11065, 11066, 11067, 11080, 11109, 11112, 11136, 11138, 11150,

11153, 11156, 11157, 11158, 11159, 11160, 11161).

5. Reasons Why An Exemption From The Requirements Of Section 91.151(b) Would

Not Adversely Affect Safety.

A grant of this exemption would ensure an equivalent level of safety established by 14 C.F.R.

Section 91.151(b) as a result of (1) the technical specifications of the DJI Phantom 3 Professional 

UAS; (2) the

limitations on the proposed flight operations; and (3) the location of the proposed flight operations.

Accordingly, Litepixels Digital Photography & CROXIE.com will ensure that it will safely operate 
the battery powered DJI Phantom 3 Professional UA during daylight hours in VFR conditions, with 

enough battery power to fly for a total duration of 18.5 minutes to the first point of intended landing

and, assuming normal cruising speed, to fly after that for at least 4.5 minutes.

Here, as in Exemption No. 11109, the technical specifications of the DJI Phantom 3 Professional 

UAS; the limitations on the proposed flight operations; and the location of the proposed operations, 

will ensure an equivalent level of safety established by 14 C.F.R. Section 91.151(b). Furthermore, 

safety will be ensured as the DJI Phantom 3 Professional UAS provide audible and visual warnings 

to the PIC at the GCS when the UAs experiences low battery voltage, the first warning occurring at 

approximately 33% remaining battery power, and again at approximately 10% remaining battery 

power. At the critically low battery level, the DJI Phantom 3 Professional UAS will descend and land 

automatically.

Significantly, previous exemptions granted by the FAA concerning Section 91.151 establish

that safety is not adversely affected when the technical characteristics and operating limitations of the

UAS are considered. Relief has been granted for manned aircraft to operate at less than the 

minimums prescribed in Section 91.151, including Exemption Nos. 2689, 5745, and 10650. 

Moreover, the FAA has previously granted relief from Section 91.151 specific to UAS, in 

circumstances similar, in all material respects, to those presented herein (e.g. Exemption Nos. 8811, 

10808, 10673, 11042, 11062, 11063, 11064, 11065, 11066, 11067, 11080, 11109, 11110, 11136, 

11138, 11150, 11153, 11156, 11157, 11158, 11159, 11160, 11161).

6. Reasons Why An Exemption From The Requirements Of Sections 91.405(a),

91.407(a)(1), 91.409(a)(1) & (a)(2), And 91.417(a) & (b) Would Not Adversely Affect

Safety.

In seeking this exemption, Litepixels Digital Photography & CROXIE.com submits that the 

equivalent level of safety with regard to the regulatory maintenance and alteration requirements 

established by Sections 91.405(a), 91.407(a)(1), 91.409(a)(1) & (a)(2), and 91.417(a) & (b) will be 

met because Litepixels Digital Photography & CROXIE.com will use trained technicians to perform

maintenance, alterations, or preventive maintenance on the UAS using the methods, techniques, and 

practices prescribed in the operating documents (i.e., the DJI Phantom 3 Professional Maintenance 

Manual, Monthly Maintenance Log, and DJI Phantom 3 Professional Instruction Manual). 

Furthermore, Litepixels Digital Photography & CROXIE.com will document and maintain all 

maintenance records for the DJI Phantom 3 Professional UAS.

Since the DJI Phantom 3 Professional UAS will be inspected as prescribed by the operating

documents, Litepixels Digital Photography & CROXIE.com will maintain the equivalent level of 
safety established by Sections 91.405(a), 91.409(a)(1), and 91.409(a)(2). A copy of the DJI Phantom 

3 Professional User Manuals are attached hereto as Exhibit B; a copy of the DJI Phantom 3 

Professional Maintenance Manual is attached hereto as Exhibit C; a copy of the DJI Phantom 3 

Professional UAS Maintenance LOG is attached hereto as Exhibit D.

Likewise, the exemption sought will not adversely affect safety because Litepixels Digital 

Photography & CROXIE.com will use trained technicians to perform maintenance, alterations or 

preventive maintenance on the UAS using the methods, techniques, and practices prescribed by the 

operating documents.

Furthermore, the exemption sought would maintain an equivalent level of safety

established by Sections 91.407, 91.417(a) and 91.417(b), because all maintenance of the DJI

Phantom 3 Professional UAS will be performed by trained technicians. Maintenance will be 

documented and maintained utilizing the monthly maintenance log. Significantly, previous 

exemptions granted by the FAA concerning Sections 91.405(a), 91.407(a)(1), 91.409(a)(1) & (a)(2), 

and 91.417(a) & (b) establish that safety is not adversely affected when the technical characteristics 

and operating limitations of the UAS are considered.

In consideration of Litepixels Digital Photography & CROXIE.com proposed operating limitations, 

the operating documents, and the technical aspects of the DJI Phantom 3 Professional UAS, 

Litepixels Digital Photography & CROXIE.com submits that safety will not be adversely affected by 

granting exemption from 14 C.F.R. Sections 91.405(a), 91.407(a)(1) and (a)(2), 91.409(a)(2), and 

91.417(a) and (b). The FAA has previously granted relief specific to UAS in circumstances similar, 

in all material respects, to those presented herein (e.g. Exemption Nos. 11062, 11063, 11064, 11065, 

11066, 11067, 11080, 11109, 11110, 11112, 11136, 11138, 11150, 11153, 11156, 11157, 11158, 

11159, 11160, 11161).

7. The FAA May Prescribe Any Other Conditions For Safe Operation.

In accordance with Section 333 of the FAA Modernization and Reform Act of 2012 (FMRA)

and 14 C.F.R. § 21.16 entitled Special Conditions, Litepixels Digital Photography & CROXIE.com

requests that the FAA prescribe special conditions for the intended operation of the DJI Phantom 3 

Professional UAS, which contain such safety standards that the Administrator finds necessary

to establish a level of safety equivalent to that established by 14 C.F.R. Part 21, Subpart H, and 14

C.F.R §§ 61.113(a) & (b), 91.7 (a), 91.121, 91.151(b), 91.405(a), 91.407(a)(1), 91.409(a)(1) & (a)(2),

and 91.417(a) & (b). Such special conditions will permit safe operation of the UAs for the limited

purpose of conducting aerial video and photography over certain areas of the United States for

compensation or hire. FMRA Section 333 sets forth the requirements for considering whether a UAS
will create a hazard to users of the NAS or the public, or otherwise pose a threat to national security;

and further, provides the authority for such UAS to operate without airworthiness certification in

accordance with any requirements that must be established for the safe operation of the UAS in the

NAS. Likewise, the Administrator may prescribe special conditions pursuant to 14 C.F.R.

§ 21.16, for operation of the DJI Phantom 3 Professional UAS, since the airworthiness regulations of 

14 C.F.R. Part 21 do not contain adequate or appropriate safety standards, due to the novel or unusual

design features of the aircraft. Section 21.16, entitled Special Conditions, states the following:

If the FAA finds that the airworthiness regulations of this subchapter do not contain adequate

or appropriate safety standards for an aircraft, aircraft engine, or propeller because of a novel

or unusual design feature of the aircraft, aircraft engine or propeller, he prescribes special

conditions and amendments thereto for the product. The special conditions are issued in

accordance with Part 11 of this chapter and contain such safety standards for the aircraft,

aircraft engine or propeller as the FAA finds necessary to establish a level of safety

equivalent to that established in the regulations. See 14 C.F.R. § 21.16.

Therefore, in accordance with FMRA Section 333 and 14 C.F.R. § 21.16, the FAA may

prescribe special conditions for Litepixels Digital Photography & CROXIE.com’s intended operation 

of the DJI Phantom 3 Professional UAS, which contain such safety standards that the Administrator 

finds necessary to establish a level of safety equivalent to that established by 14 C.F.R. Part 21,

Subpart H, and 14 C.F.R Sections 61.113(a) & (b), 91.7(a), 91.121, 91.151(b), 91.405(a),

91.407(a)(1), 91.409(a)(1) & (a)(2), and 91.417(a) & (b).

F. A Summary That Can Be Published In The Federal Register, stating: The Rules From

Which David Croxford, Litepixels Digital Photography & CROXIE.com Seeks Exemption:

Litepixels Digital Photography & CROXIE.com seeks exemption from the requirements of 14 C.F.R 

Sections 61.101(e)(4) and (5), 61.315(a), 61.23(a), 91.7(a), 91.121, 91.151(b), 91.405(a),

91.407(a)(1), 91.409(a)(1) & (a)(2), and 91.417(a) & (b).

A Brief Description Of The Nature Of The Exemption Litepixels Digital Photography & 

CROXIE.com Seeks:

This exemption will permit Litepixels Digital Photography & CROXIE.com to commercially operate 

an Unmanned Aircraft System (UAS) for the purpose of conducting aerial video and photography 

over certain areas of the United States.

G. Any Additional Information, Views, Or Arguments Available To Support Litepixels Digital 

Photography & CROXIE.com’s request.
This Petition is made pursuant to the FAA Modernization and Reform Act of 2012 (FMRA)

Section 333, which directs the Secretary of Transportation to determine if certain UAS may operate

safely in the NAS. As such, Litepixels Digital Photography & CROXIE.com request for exemption 

may be granted pursuant to the authority of FMRA Section 333 and 14 C.F.R. Part 11, as set forth 

above.

FMRA Section 333 sets forth the requirements for considering whether a UAS will create a

hazard to users of the NAS or the public, or otherwise pose a threat to national security; and further,

provides the authority for such UAS to operate without airworthiness certification.

As discussed in detail above, Litepixels Digital Photography & CROXIE.com will operate the DJI 

Phantom 3 Professional UASs safely in the NAS, without creating a hazard to users of the NAS, or 

the public, or otherwise pose a threat to national security.

CONCLUSION

As set forth herein, Litepixels Digital Photography & CROXIE.com seeks an exemption pursuant to 

14 C.F.R § 11.61 and Section 333 of the FAA Modernization and Reform Act of 2012 (FMRA), 

which will permit safe operation of the DJI Phantom 3 Professional UAS commercially, without an 

airworthiness certificate, for the limited purpose of conducting aerial video and photography over 

certain areas of the United States. By granting this Petition, the FAA Administrator will be fulfilling 

the Congressional mandate of the FAA Modernization and Reform Act of 2012, while also 

advancing the interests of the public, by allowing Litepixels Digital Photography & CROXIE.com to 

safely, efficiently, and economically operate the DJI Phantom 3 Professional UAS commercially 

within the NAS.

WHEREFORE, in accordance with the Federal Aviation Regulations and the FAA

Modernization and Reform Act of 2012, Section 333, Litepixels Digital Photography & 

CROXIE.com respectfully requests that the Administrator grant this Petition for an exemption from 

the requirements of 14 C.F.R Sections 61.101(e)(4) and (5), 61.315(a), 61.23(a), 91.7(a), 91.121, 

91.151(b), 91.405(a), 91.407(a)(1), 91.409(a)(1) & (a)(2), and 91.417(a) & (b), and permit Litepixels 

Digital Photography & CROXIE.com to operate the DJI Phantom 3 Professional UAS commercially 

for the purpose of conducting aerial video and photography over areas of the United States.

Respectfully submitted,

David Croxford

Litepixels Digital Photography & CROXIE.com
1515 Ward Avenue, Apt 201

Honolulu, Hawaii, 96822

Tel:(808)393-5448

Email: dc@croxie.com