AXYZ3

333 Broadway

#803

Anaheim, CA 92815

424-201-0808

axyz3@axyz3.com

U.S. Dept. of Transportation, Docket Operations

West Building Ground Floor, Room w12-140

1200 New Jersey Ave, SE.,

Washington, DC 20590

SUBJECT

Request for Exemption's to operate Small Unmanned Aircraft Systems (UAS), both within the United 

States of America borders and territories, as well as internationally, for Aerial photography and/or 

video for real estate, architecture, land surveying, engineering and other related professional 

activities; aerial video and/or photography for television, public events, cinematography and 

newsgathering; aerial video and/or photography within closed-set motion picture and television 

filming production; aerial inspection/photography of residential/commercial structures,

residential/commercial utility infrastructure; aerial video/photography to assist with search and 

rescue operations; and training for UAS operations.

PETITION SUMMARY

Pursuant to Section 333 of the FAA Modernization and Reform Act of 2012 (the "Reform Act") and 14

C.F.R. Part 11, AXYZ3 an operator of Unmanned Aircraft Systems ("UAS(s)") for aerial photography 

and videography for aerial photography and/or video for real estate, architecture, land surveying, 

engineering and other related professional activities; aerial video and/or photography for television, 

public events, cinematography and newsgathering; aerial video and/or photography within closed-set 

motion picture and television filming production; aerial inspection/photography of

residential/commercial structures; residential/commercial utility infrastructure; aerial 

video/photography to assist with search and rescue operations; and training for UAS operations 

hereby petitions for an exemption from the Federal Aviation Regulations ("FARs") to allow commercial 

operation of its UAS(s), both within the United States of America borders and territories, as well as 

internationally.

REQUESTED EXEMPTIONS

14 CFR 61.101(e)(4) and (5); 61.113(a) and (b); 61.23(a) and (c); 61.315(a); 91.119(c); 91.121; 

91.151(a); 91.405(a); 91.407(a)(1); 91.409 (a)(1) and (2); 91.417(a) and (b); 91.7(a).

61.113(a) & (b)

The petitioner requests relief in order to facilitate the utilization of an experienced UAS operator 

with the addition of a trained observer. All pre-flight inspection, maintenance and flight logs will 

be saved and made available to the FAA and Secretary of Transportation (SoT) for review; with 

the purpose of safely integrating civil UAS operation in the National Airspace System. The 
petitioner will conduct flights as the authorized UAS Operator. The UA controlled by the Operator 

will perform at altitudes well below the permissible limits for other civil aircrafts, eliminating the 

risk to other aircrafts.

61.23(a) and (c)

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

of any flight for compensation or hire to hold a comprehensive FAA issued medical certificate. In 

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

established in the conditions and limitations of this exemption, a person that holds a U.S. issued 

driver’s license who is operating a UAS will not adversely affect safety. The FAA is granting relief 

from § 61.23(a) to allow any pilot that holds one of the pilot’s certificates discussed above to 

operate a UAS under this exemption with a U.S. issued driver’s license, in lieu of an FAA-issued 

medical certificate. The FAA is also granting relief from § 61.23(c) to allow sport pilot certificate 

holders to operate aircraft other than LSA with a U.S. issued driver’s license under this 

exemption.”

61.315(a)

The petitioner requests relief in order to allow a PIC holding a sport pilot or higher level certificate 

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

91.119(c)

As discussed in Exemption 11138 (DOUGLAS TRUDEAU), operations conducted closer than 500 

feet to the ground may require that the UAS be operated closer than 500 feet to essential persons, 

or objects that would not be possible without additional relief. The petitioner requests 

modification, waiver or exemption and clarification concerning the terms “congested areas” and 

“densely populated”. The petitioner requests waiver for this condition to allow reasonable and 

responsible operations in areas of subdivisions and neighborhoods if required. The petitioner will 

primarily operate the UAS between ground level and 400 feet. The UAS will be operated over

designated properties with the consent of the local municipality or their designated agent and 

while maintaining a safe distance from persons. The petitioner will compile flight data from the 

logs. This data may assist the FAA in development of regulations for commercial operations in 

low-risk, controlled environments.

91.121

As discussed in Exemption 11138 (DOUGLAS TRUDEAU) is inapplicable since the UAS does not 

have an altimeter and instead utilizes electronic GPS with a barometric sensor for altitude 

information. Altitude information is generated by the UA on board computing system, its then 

received and displayed at the operators ground station.

91.151(a)

As discussed in Exemption 11136 (ADVANCED AVIATION SOLUTIONS LLC) prior relief has been 

granted for manned aircraft to operate at less than the prescribed minimums, including 

Exemption Nos. 2689, 5745, and 10650. In addition, similar UAS specific relief has been granted 

in Exemption Nos. 8811, 10808, and 10673 for daytime, VFR conditions. The UAS provides battery 
power remaining in percent to the PIC. The UA batteries provide approximately 25 minutes of 

powered flight. Information provided in the operating documents discusses procedures regarding

remaining battery power management. Those documents contain a condition in which the PIC 

will initiate a landing procedure when battery remaining reaches a specified level. Given the 

limitations on proposed operations and the location of those proposed operations, The FAA found 

that a reduced minimum power reserve for flight in daytime VFR conditions was reasonable.

91.405(a); 91.407(a)(1); 91.409 (a)(1) & (2); 91.417(a) & (b)

As discussed in Exemption 11138 (DOUGLAS TRUDEAU), The petitioner proposes to inspect and 

ensure that the UAS is in a condition for safe flight in accordance with the operating documents. 

The FAA found that adherence to the petitioner’s operating documents and the conditions and 

limitations specified, describing the requirements for maintenance, inspection, and recordkeeping, were sufficient to ensure that safety would not be adversely affected.

91.7(a)

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

As such, AXYZ3 submits that it will ensure that the UASs are in an airworthy condition, prior to 

every flight, by determining that the UASs are in compliance with the operating documents (i.e., 

Monthly Maintenance Log, and Instruction Manual), and that the aircraft are in a condition for 

safe flight.

PROPOSED OPERATIONS

All UAS flights will occur over private or controlled access areas with the property owner's prior 

consent and knowledge. AXYZ3 proposes to avoid flight over populated areas and operations over 

people who have not provided consent. Satisfying the criteria provided in Section 333 of the Reform 

Act of 2012 (size, weight, speed, operating capabilities, proximity to airports and populated areas and 

operation within visual line of sight) provide adequate justification to grant AXYZ3's requested 

exemptions, thereby allowing AXYZ3's UAS commercial operations. 

Prior to conducting operations for the purpose of closed-set motion picture and television filming and 

production, AXYZ3 will obtain and possess a motion picture and television operations manual 

(MPTOM), as documented in the grant of exemption. Furthermore, at least 3 days before aerial 

filming, AXYZ3 will submit a written Plan of Activities to the local Flight Standards District Office (FSDO) 

with jurisdiction over the area of proposed filming.

As established by the exemptions previously granted by the FAA, approval of AXYZ3's exemption 

would enhance safety and fulfill the Secretary of Transportation's (the FAA Administrator's) 

responsibilities to " ... establish requirements for the safe operation of such aircraft systems in the 

national airspace system." Section 333 (c) of the Reform Act. UAS(s) operated by AXYZ3 weigh less 

than 55 pounds, including the payload (IE. camera, lens, and gimbals). They operate at speeds of no 

more than 50 knots, can hover, and can simultaneously move vertically and horizontally. AXYZ3, 

UAS(s) will only be Pilot in Command (PIC), with supplemental Visual Observer, (VO), and maintaining 

visual line of sight and will operate only within the sterile environment described in the SOP. Such 

operations will insure that the UAS will "not create a hazard to users of the National Airspace System, 

(NAS) or the public." Given the small size of AXYZ3's UAS(s) and the restricted sterile environment 
within which they will operate, the UAS(s) operations adhere to the Reform Act's safety requirements 

while avoiding additional national security issues.

UAS

The petitioner seeks exemption to operate, for compensation or hire within the National Airspace 

System, with the following UA Multifunctional Quad-rotor Systems:

• DJI Inspire 1, Matrice 100, Phantom 2, Phantom 3, Spreading Wings S900, Spreading Wings 

S1000+

• 3D Robotics X8-M, X8+, IRIS+, Solo

• Blade 350 QX3, Chroma

• Yuneec Q500 Typhoon

All of these UASs are highly successful consumer grade small rotor crafts in the quadcopter 

configuration. They are vertical takeoff and landing (VTOL) UAS with a Ground Control Station (GCS)

utilizing an electronic tablet or mobile device. All systems contain internal measuring units (IMU) with 

integrated barometric sensors augmented with global positioning systems (GPS) to maintain their 

geospatial orientation and position. Real time video control station allows the operator and/or PIC to 

monitor battery level, GPS signal strength, altitude, distance from PIC, camera imagery, and control 

camera angle. Integrated failsafe mode Return to Home aid and assist operations for either loss of RC 

or GPS signal. The onboard flight controllers will warn the pilot via telemetry and external lighting 

cues before reaching a low battery state. The UASs have the capability to abort flights and return to 

home safely in case of any unpredicted obstacles or emergencies.

SAFETY & RISK MITIGATION

Aerial Safety is of the utmost concern. I the petitioner have reviewed FAA exemptions reference’s 1-

3 Conditions and Limitations section and believes that the procedures specified therein are 

reasonable and will be utilized in order to manage and mitigate risk and ensure public safety. A 

preflight checklist is being developed and employed to ensure that the UA airworthiness and will be 

verified before each launch. Airworthiness will be maintained by performance of routine inspections 

before each flight, maintaining flight and maintenance logs. These documents will be made available 

upon request to assist in future implementation of safety standards and regulations. The petitioner 

will only operate the UAS over designated properties with the clients’ consent. Flight plans will be 

predetermined to limit the UASs flight time and limit safety concerns. The petitioner will take into 

account distance from persons and potential flight obstacles prior to operating the UAS. UAS 

operations will always be within VLOS of the PIC and the observer. The petitioner/Operator will carry 

suitable insurance for the protection of the Operator and the Public thus providing positive and 

responsible UAS operations in the community.

PUBLIC INTEREST

The enhanced safety of small unmanned UAS eliminates the greater risk alternatives when using 

larger manned aircraft, carrying fuels at low altitudes. In addition, this relatively new technology 

provides clients access to photographic and videographic services and information that were 

previously not financially cost effective. AXYZ3 proposes procedures and operational guidelines to 
provide the FAA good cause for granting instant petition enabling the commercial operation of 

AXYZ3's UAS(s) and those being in the public interest.

The FAA, by granting AXYZ3's exemption request, will serve to stimulate development of viable 

commercial UAS operations while guiding the public's understanding of how UAS can be legally and 

beneficially integrated into the National Air Space, NAS.

CONCLUSION

For the foregoing reasons, the exemptions requested herein should be granted and AXYZ3 should be 

permitted to conduct UAS commercial operations, both within the United States of America borders 

and territories, as well as internationally, according to the SOP and such additional parameters as the 

FAA should deem necessary.

Respectfully submitted, 

Thai Chau

AXYZ3