PixelMii, LLC Petition for Section 333 Exemption For Purposes of Operating Sm all Unmanned Aircraft Systems

October 12, 2015

Name and Address of Petitioner: Filing for Petitioner: PixelMii, LLC Aero One, LLC 2372 Heritage Greens Dr. 2111 Oakview Rd SE Naples, FL 34119 Atlanta, GA 30317October 12, 2015

U.S. Department of Transportation Docket Management System 1200 New Jersey Ave., SE Washington, DC 20590

Re: Petition of Kenneth Delaney (PixelMii, LLC) for an Exemption Request Pursuant to Section 333 of the FAA Reform Act and Part 11 of the Federal Aviation Regulations from 14 C.F.R. Part 21, Subpart H; §§ 45.23 (b); 61.113(a) & (b); 91.109; 91.119(c); 91.121; 91.151(a); 91.203(a) and (b); 91.405(a); 91.407(a)(l); 91.409(a)(1) and (2); a n d 91.417(a) & (b)

Dear Sir or Madam:

Pursuant to Section 333 of the FAA Modernization and Reform Act of 2012 (the "Reform Act") and 14 C.P.R. Part 11, Kenneth Delaney (PixelMii, LLC), PixelMii, LLC does hereby apply for an exemption from the Federal Aviation Regulations ("FARs") identified below, to allow commercial use of small unmanned aircraft systems ("sUAS") for the purposes of: aerial photography and videography and real estate under certain conditions set forth in the PixelMii, LLC confidential Flight Operations Manual and conditions set forth in the FAA-issued "Exemption No. 11062", and related exemptions issued to operators for the same purposes. Additionally, pursuant to 14 CFR § 11.87, we request the FAA not to delay action based on the following:

1. This petition for exemption does not set precedent. Previous identical exemption requests have been approved.

2. The requested relief is identical to exemptions granted previously, specifically, Exemption(s) Nos. 11062 (Astraeus Aerial), 11066 (Aerial MOB), and 11065 (Helivideo).

3. A delay in action on this petition would adversely affect pending requests for aerial imaging operations and result in lost opportunity and wages for participating crew, and a delay in the public benefit of granting this petition. In addition, a competitive advantage for unapproved commercial sUAS operators exists and continues to grow every day.

4. PixelMii has arranged for an airline transpor t pilot to act as pilot in command for its commercial flights. In addition, Kenneth Delane y is nearing completion of his private pilot rating, so they will have 2 qualified pilots.

Notwithstanding the request not to publish this petition request in the Federal Register, PixelMii, LLC has submitted supporting materials including the confidential "Flight Operations Manual" which are confidential documents pursuant to 14 CFR § 11.35(b) and are not available to the public.Pursuant to 14 CFR § 11.87:



### 1. This application is submitted on behalf of:

PixelMii, LLC 2372 Heritage Greens Dr. Naples, FL 34119



### 2. 14 C.F.R.--

‐ Regulations for which exemption is requested: 1) 21, Subpart H 2) 45.23(b) 3) 61.113(a) and (b) 4) 91.109 5) 91.119(c) 6) 91.121 7) 91.151(a) 8) 91.203(a) and (b) 9) 91.405(a) 10) 91.407(a)(1) 11) 91.409(a)(1) and (2) 12) 91.417(a) and (b)

Unmanned Aircraft Systems (UASs) operated by PixelMii, LLC weigh less than 55 pounds, including all payload. They operate at speeds of less than 50 knots, can hover, and can move in multiple directions. PixelMii, LLC will only operate its UASs in visual line of sight (VLOS) and will operate only within the sterile environment described in the Flight Operations Manual (FOM). Such operations will insure that the UAS will not create a hazard to users of the NAS or the public.

Given the small size of the UASs and the restricted area that they will be operated, PixelMii, LLC’ UAS operations adhere to the Reform Act’s safety requirements.

Additionally, due to the size of the UASs and the limited area in which they will operate, approval of this application presents no national safety concerns. Based on the substantial level of safety surrounding the proposed operations, and the significant public benefit (enhanced safety), reduction in environmental impacts in the outdoor setting these UASs will operate leaving no trace of activity behind, the grant of the requested exemption is in the public interest. Accordingly, PixelMii, LLC respectfully requests that the FAA grant the requested exemption.

3. Aircraft And Equivalent Level Of Safety:

The operating limitations proposed by PixelMii, LL C provide for a higher level of safety because operations further enhance safety of aerial photog raphy and videography operations compared to using conventional aircraft.

As set forth in the FOM, the limitations and conditions include:

• The UASs will weigh less than 55 pounds• Flights will be operated within line of sight of a pilot and observer

• Maximum flight time for each flight will be 30 minutes or at 25% of battery power reserve, whichever comes first.

• Flights will be operated at an altitude of no more than 400 feet AGL as indicated by onboard GPS system.

• Minimum crew for each operation will consist of the UAS pilot and an observer.

• A UAS pilot will be Pilot in Command (PIC).

• A UAS pilot will be an FAA licensed airman with at least a sport pilot’s certificate.

• The UAS will only operate within a confined “sterile area” as defined in the FOM.

• The FOM requires the establishment of a “Security Perimeter” for the flight operations area.

• A briefing will be conducted for planned UAS operations prior to each day’s flight.

• All personnel performing duties within the boundaries of the safety perimeter are required

to attend.

• The operator will file a FAA Form 7711-1 or its equivalent, as modified in light of the requested exemption, with the appropriate Flight Standards District Office (FSDO).

• The operator will obtain consent of all persons involved in the flight operation and ensure that only consenting persons will be allowed within 100 feet of the flight operation.

• The operator will submit a written plan of activities to the FSDO three days before the proposed shoot as required in the FOM.

• The pilot and observer must be trained in UA operations and received current information on the particular UAS to be operated as required by the FOM.

• The observer and pilot will at all times be able to communicate by voice.

• Written and/or oral permission from the relevant property holders will be

obtained.

• All required permissions and permits will be obtained from territorial, state, county, or city jurisdictions, including local law enforcement, fire or other managing governmental agencies.

• The UAS will operate clear of clouds.

• If the UAS loses communications, the UAS will and does have the capability to return to a pre-determined location within the Security Perimeter and land safely.

• The UAS will have the capability to abort a flight in case of unpredicted obstacles or emergencies.

Section 21, Subpart H: Airworthiness Certificates Subpart H, entitled Airworthiness Certificates, establishes the procedural requirements for the issuance of airworthiness certificates as requi red by FAR §91.203 (a) (1). Given the size and limited operating area associated with the aircraft to be utilized by the Ap plicant, an exemption from Part 21 Subpart H meets the requirements of an equivalent level of safety under Part 11
and Section 333 of the Reform Act. The Federa l Aviation Act (49 U.S.C.§44701 (f)) and Section
333 of the Reform Act both authorize the FAA to exempt aircraft from the requirement for an airworthiness certificate, upon co nsideration of the size, weight , speed, operational capability, and proximity to airports and populated areas of the particular sUAS. In all cases, an analysis of these criteria demonstrates that the sUAS operat ed without an airworthin ess certificate, in the
limited environment and under the co nditions proposed will be at leas t as safe, or safer, than aconventional aircraft (fixed wing or rotorcraft) operating with an airworthiness certificate without the restrictions and conditions proposed.

The sUAS to be operated hereunder is less than 55 Ibs. fully loaded, carries neither a pilot nor passenger, carries no explosive materials or fl ammable liquid fuels, and operates within a relatively small area. Unlike other civil aircraft, operations under this exemption will be tightly controlled and monitored by the Pilot/"Operat or" and the visual observer. These safety enhancements, which already apply to civil airc raft operated to conduct aerial videography and photography services, provide a greater degree of safety to the public and property owners than conventional operations conducted with airworthiness certificates issued under 14 C.F.R. Part 21, Subpart H. Lastly, application of these same cr iteria demonstrates that there is no threat to national security posed by the sUAS, due to its si ze, speed of operation, limited operational area, lack of explosive materials or flammable liquid fuel s, and inability to carry a substantial external
load.

Section 45.23(b): Marking of the Aircraft

The regulation requires:

When marks include only the Roman capital letter "N" and the registration number is displayed on limited, restricted or light--

‐ sport category aircraft or experimental or provisionally certificated aircraft, the operator must also display on that aircraft near each entrance to the cabin, cockpit, or pilot station, in letters not less than 2 inches nor more than 6 inches high, the words "limited," "restricted," "light--

‐ sport," "experimental," or "provisional," as applicable.

Even though the UAS will have no airworthiness certificate, an exemption may be needed as the UAS will have no entrance to the cabin, cockpit or pilot station on which the word “Experimental” can be placed. Given the size of the sUAV, two-inch lettering will be impossible.

The FAA has issued the following exemptions to this regulation to Exemptions Nos. 10700, 8738, 10167 and 10167A.

Section 61.113(a) and (b): Private Pilot Privileges and Limitations: Pilot in Command.

PixelMii, LLC is seeking relief from this regulation, as the requirement for a Commercial Pilot License with a second class medical would be an unnecessary burden on the operator with regard to obtaining and certifying UA pilots.

The UAS will not carry a pilot or passengers, and the proposed operations can achieve the equivalent level of safety by requiring the pilot to possess a private pilot's license only. This level of knowledge and skill combined with the proposed operating procedures described in the Flight Operations Manual (VLOS only, closed-set requirements, etc.) will more than adequately allow safe operation within the national airspace system, and with regard to persons or property on the ground. The additional knowledge and skill requirements for a Commercial Pilot's license do not add any level of safety with respect to closed--

‐ set small UAS operations in the same manner they do with full scale, passenger--

‐ carrying aircraft.

An equivalent or greater level of safety is achieved by requiring UA pilots to have aminimum number of hours logged, flight sequences, knowle dge and experience testing, etc. as described in the Flight Operations Manual.

Section 91.109: Flight Instruction

Section 91.103 provides that no person may opera te a civil aircraft (except a manned free balloon) that is being used for flight instruction unless that aircraft has fully functioning dual

controls.

sUASs and remotely piloted aircraft, by their d esign do not have fully functional dual controls. Flight control is accomplished through the use of a control box that communicates with the aircraft via radio communication. The FAA has approved exemptions for flight training without fully functional dual controls for a number of aircraft and for flight instruction in experimental aircraft. See Exemption Nos. 5778K & 9862A. The e quivalent level of safety is provided by the fact that neither a pilot nor passengers will be carri ed in the aircraft and by the size and speed of

the aircraft.

Section 91.119(c): Minimum Safe Altitudes.

Section 91.119 establishes safe altitudes for operation of civil aircraft. Section 91.119 (d) allows helicopters to be operated at less than the minimums prescrib ed, provided the person operating the helicopter complies with any r oute or altitudes prescribed for helicopters by the FAA. As this exemption is for a sUAS that is a helicopter and the exemption requests authority to operate at altitudes up to 400 Above Ground Level (AGL,) or not more than

200 above an elevated platform from which filming is planned, an exemption may be

needed to allow such operations. As set forth herein, except for the limited conditions stated

in the Flight Operations Manual, the UAS will not operate at higher than 400 AGL. It will however be operated in a restricted area with security perimeter, where buildings and people will not be exposed to operations without their pre-obtained notification and consent when required.

An equivalent level of safety will be achiev ed given the size, weight, and speed of the UAS

as well as the location where it is operated. No flight will be made wi thout the permission

of the property owner or local officials. Beca use of the advance notice to the property

owner and participants in the flight activity, al l affected individuals will be aware of the planned flight operations as set forth in the FO M. Compared to flight operations with

aircraft or rotorcraft weighing far more than the maximum 55 lbs. proposed herein and carrying flammable fuel, any risk associated with these operations is far less than those presently presented with conventional aircra ft operating at or below 500 AGL. In addition,

the low

‐ altitude operations and horizontal separati on from airports will ensure separation

between these sUAS operations and the operations of c onventional aircraft that must comply

with Section 91.119.

Section 91.121 : Altimeter Settings

PixelMii, LLC is seeking relief from this regulation, as the UA will not have a

barometric altimeter.

Section 91.121 requires each person operating an aircraft to maintain cruising altitude byreference to an altimeter that is set “... to an elevation of the departure airport or an appropriate altimeter setting availa ble before departure.” As a UAS may not have a barometric altimeter, but instead a GPS altitude, an exemption is needed. An equivalent level of safety will be achieved by the operator, pursuant to the FOM, confirming the altitude of

the launch site shown on the GPS altitude indicator before flight.

Section 91.151(a): Fuel Requirements for Flight in VFR Conditions

PixelMii, LLC is seeking relief from the fuel requirements of this FAR as current battery technology allows the UA to fly for approximately 15

‐ 30 minutes in normal conditions. As 91.151(a) requires a 30

‐ minute reserve AFTER reaching the point of intended landing, there is no practical flight possible under this regulation.

An equivalent or greater level of safety exists as the exact battery level remaining is transmitted to the pilot via radio telemetry, and given that the operating area for the UA is in close proximity to the pilot (VLOS), an unsafe condition where the UA is unable to return for landing due to low battery condition is easily avoidable. Additionally, should a defective battery prematurely deplete, the UA is configured to auto land above the point at which the flight controller detects low voltage. And, as part of the PixelMii, LLC FOM, it is a requirement that any flight be terminated if telemetry is lost. Otherwise, a flight limit of 30 minutes or 25% battery remaining is prescribed.

Section 91.203(a) and (b): Carrying Civil Aircraft Certification and Registration

The regulation requires that an airworthiness certificate be displayed in the cabin.

The UAS fully loaded weighs no more than 55 lbs. and is operated without an onboard pilot. As such, there is no ability to place or carry certification and registration documents or to display them on the sUAS. Each sUAS operated by PixelMii, LLC will be registered with the FAA and all documentation carried by the PIC.

An equivalent level of safety will be achieved by keeping these documents at the ground control point where the pilot flying the sUAS will have immediate access to them, to the extent they are applicable to the sUAS. The FAA has issued numerous exemptions to this regulation. A representative sample of other exceptions includes exemption nos. 9565, 9665, 9789, 9789A, 9797, 9797A, 9816A, and 10700.

Section 91.405(a), 91.407(a)(1), 91.409(a)(2); 91.417(a) and (b): Maintenance Inspections

PixelMii, LLC is seeking re lief from the above stated FAR's as the UA will not have an airworthiness certificate. Therefore there is no requirement to perform an inspection in order to maintain airworthiness as stated in Appendix D to Part 43 for 100 hr. and annual inspections.

An equivalent or greater level of safety exists as the PixelMii, LLC Flight Operations Manual does prescribe regular maintenance and inspections, compliance with manufacturer's service bulletins, test flights after maintenance, technician training, and so forth, in the spirit of the scope and detail of Appendix D to Part 43. In addition, while mechanical failures are not out of the question, a crash resulting from a catastrophic failure has a very small amountof risk of injury when compared to a failure in a passenger-carrying full-size aircraft, for which this regulation was intended.

4. Public Interest:

PixelMii, LLC believes that allowing commercial use of small, unmanned aircraft will enhance the safety of operations by reducing the risk associated with low altitude full-size aircraft operations. A manned, turbine powered helicopter operating in close proximity to personnel on the ground has a far greater risk of injury than a small, lightweight UA carrying no combustible fuel, especially when the UA is operating within the parameters of the PixelMii,

LLC FOM. Additionally, the safe integration of sUAS within the national airspace is a growing concern amongst pilots, the FAA, and general public. This exemption would provide a safe stepping-stone to a more robust set of future sUAS rules.

5. Level of Safety:

An equivalent level of safety is provided for as outlined for each of the FAR's above for which relief is sought.

6. Summary:

PixelMii, LLC seeks exemption from the following rules for the commercial operation of a small unmanned aerial system in order to conduct operations for the purposes of aerial photography and videography and real estate below an altitude of 400' AGL and within a limited operating area: 14 C.P.R. Part 21, Subpart H; 45.23(b); 61.113(a) & (b); 91.109; 91.119(c); 91.121; 91.151(a); 91.203(a) and (b); 91.405(a); 91.407(a)(l); 91.409(a)(1) and (2); 91.417(a) & (b). This exemption will enhance the level of safety currently obtainable using

full

- sized, manned helicopters for the same type of work.

7. Privacy :

All flights will occur over private or controlled access property with the property owner’s or controlling authority’s prior consent and knowledge. Photography and videography will be of people who have consented to being filmed or otherwise have agreed to be in the area where filming will take place.

Satisfaction of the criteria provided in Section 333 of the Reform Act of 2012

‐ size, weight, speed, operating capabilities, proximity to airports and populated areas, operation within visual line of sight, and national security - provide more than adequate justification for the grant of the requested exemptions allowing commercial operation of applicant’s sUAS in accordance with the Flight Opera tions Manual appended hereto.If you have any questions or need any additional information, pl ease contact the undersigned at 770-

681-9985 or at aeroone@aeroone.net.

On behalf of PixelMii, LLC,

/s/

Owen Carroll
Founder and Owner Aero One, LLC