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 27 th , 2016 Litepixels Digital Photography & CROXIE.com 1515 Ward Avenue, Apt 201, Honolulu, Hawaii 96822 Tel: (808)393

- 5448 Email: dc@croxie.comTABLE 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 S ECTIONS OF 14 C.F.R. FROM WHICH LITEPIXELS DIGIT AL

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 T HE 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.

...................................................................................................................... ... 34GLOSSARY 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 LandingSUMMARY

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 cont racted 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 p hotographic 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 w i th 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 photogra phy and cinematography

• Promotional videos for businesses, non

- profits & government entities
• Agricultural surveys and environmental monitoring

• Unique Business viewpoint surveys , analysis and documentationBACKGROUND
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) wit h 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 S tation (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 7 in and weighs 2.8 pounds, well under the 55 lbs manda ted 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 Profes sional ’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 , pursu ant 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 oper ate 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 forthrequirements 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 s afety 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 Pro fessional 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 an d
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 condi tion, 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.
Litepixel s 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 informati on, 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 Digi tal 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 DJ I

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 Speci fic Sections Of 14 C.F.R. from w hich Litepixels Digital Photography &

CROXIE.com s eeks e xemption.

1. Litepixels Digital Photography & CROXIE.com seeks exemption from the r equi rements o f

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

ac t 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 requirin g a medical certificate: Requirements
and duration, subsection (a) prescribe the following, in relevant part:(f) Except as provided inparagraphs (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, en titled 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 Digit al 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 prescribe d 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 Requir ements 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 p erformed in accordance with §§ 91.411 and 91.413, each registeredowner 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 reco rds 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 (o r 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 conta ining 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 t he 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

ap pliances.
(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 th e 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 Photo graphy & 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 p eople, 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 Relie f 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 certifi cate, as well as a current and validdriver’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

ho lds 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 exemptio n.”

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 ap propriate 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 s port 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 f or 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 UASoperations 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 recreat ional and sport pilot certificates may serve as the PIC for UAS operations.

4. Extent Of Relief Litepixels Digital Photography and CROXIE.com Seeks 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 prio r 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 P hantom 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 altitu de

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 Photogra phy &

CROXIE.com seeks the requested relief because the DJI Phantom 3 Professional UA’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 andlimitations stated below. As more fully set forth herein, an equivalent level of safety will be

maintained since the DJI Phan tom 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 min utes 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 fli ght 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 Petit ion.
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 Li tepixels 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 t o 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 Photog raphy & 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 3Professional 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 t he 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

Professional Instruction 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; T hat 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, re al 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 Pub lic 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 lif e 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 requir e 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 landin g 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 a viation 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 usin g the DJI

Phantom 3 Professional UAS to 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 Professiona l is 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 o ne such technology that not only allows companies greater operational flexibility
compared to manned aircraft, but provide s 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, pro vide
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 workf orce 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

Phan tom 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 Professional UA Meet The Conditions Of The FAAModernization and Reform Act of 2012 (FMRA) Section 333.
In consideration of the size, weight, speed, and limite d 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 ru lemaking 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 resu lt 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 th e 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 sys tems 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

Ch aracteristics.

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 Th e 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 m odes 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 Profe ssional 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 Certific ated 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. Propose d
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 a t 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 AT C. 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
requireme nt 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 tra nsfer 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

othe r 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 Administra tor 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 outlinedin 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 proper ly 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 co nducts 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 o perating

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 require ments, 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 si gnature 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

- classmedical certificate.
18. The operator may not permit any PIC to operate unless the PIC meets the operato r’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, ve ssels, 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 mu st 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 condi tions
(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 l etter 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 mil es 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 sp eed 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 exe mption. This COAwill 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 w ith 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 t he
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), vess els, 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 p rotection. 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/contr oller 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 are a 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 mai ntained 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, vehic les and
structures. Considering Litepixels Digital Photography & CROXIE.com proposed area of operations,

and th e 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 Pro fessional 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 meetin g 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 pi lot (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 operationsunder 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 & CRO XIE.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 prio r 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 hour s 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 ex emption. 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. 1 1062 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 wo uld 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 require d 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 Pro fessional 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 m aneuvers 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 establis hed 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 Se ction 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 Photogra phy & CROXIE.com will ensure that it will safely operatethe 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 th e 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 ex periences 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

a utomatically.
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 fo r 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 mater ial 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 rega rd 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 Professi onal 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 op erating

documents, Litepixels Digital Photography & CROXIE.com will maintain the equivalent level ofsafety 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 Exhi bit 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 pra ctices 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 perf ormed 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, 1 1138, 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 UASwill 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 th ereto 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 tha t 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 Natu re 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 Se ction 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 t he 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 UAS s 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, efficien tly, 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 &

CRO XIE.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