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 surveyin g, 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 ; a erial inspection/photography of residential/commercial structures

, residential/commercial utility infrast ru cture; aerial video/photography to assist with search and rescue operations; and training for UAS operations.

PETITION SUMMARY

Pursuant to Section 33 3 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 a erial 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 infrast ru cture; aerial video/photography to assist with search and rescue operations; and training for UAS operations hereby petitions for an exe mption from the Federal Aviation Regulations ("FARs") to allow com mercial 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); 61.1 13(a) and (b); 61.23(a) and (c); 61.315(a); 91. 1 19(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 operatio n in the National Airspace System. Thepetitioner 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 ai rcrafts.

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 granti ng 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 c ertificate 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 fee t 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 wai ver 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 4 00 feet. The UAS will be operated over designated properti es 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 ope rations 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 batterypower re maining 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 wh ich 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 accordan ce 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 record

keeping, 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 c ontrolled 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 operation s.

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 grant ed 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 airsp ace 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 an d 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 environmentwithin which they will operate, the UAS(s) operations adhere to the Reform Act's sa fety requirements while avoiding additional national security issues.

UAS

The petitioner seeks exemption to operate

, for compensation or hire withi n the National Airspace System, with the following UA Multi functional Quad

- rotor Systems:

• DJI Inspire 1, Matr ice 100, Phantom 2, Phantom 3, Spreading Wings S 9 00

, 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 landin g (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

geospa tial 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 sa fely 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 spe cified 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. Airworthine ss 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 petitio ner 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 UA S 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 clien ts access to photographic and videographic services and information that were previously not financially cost effective. AXYZ3 proposes procedures and operational guidelines toprovide the FAA good cause for granting instant p etition enabling the commercia l 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 Amer ica 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