United States of America Department of Transportation 

Federal Aviation Administration 

Washington, DC 

Regulatory Docket No. ____________ 

Petition for exemption of: 

A Pixel Above, LLC. 

Seeking relief from the requirements of title 14 of the code of federal regulations: 

14 C.F.R. § 21, Subpart H; 14 C.F.R. § 43.11; 14 C.F.R. § 91.103;14 C.F.R. § 91.105; 14 C.F.R. § 91.119; 

14 C.F.R. § 91.121; 14 C.F.R. § 91.151(a); 14 C.F.R. § 91.215; 14 C.F.R. § 91.405(a) and (d); 14 C.F.R. § 

91.407(a)(1); 14 C.F.R. § 91.409(a)(2); 14 C.F.R. § 417(a) and (b)

Concerning commercial operations of DJI Inspire 1 UAS pursuant to section 333 of 

The FAA Modernization and Reform Act of 2012 

Public Law 112-95 

Submitted on January 11, 2016

Matthew Jackson 

Owner 

A Pixel Above, LLC. 

971 Harrison Crossroad Loop 

Reidsville, NC 27320 

Email: apixelabove@outlook.com

1
Glossary of Abbreviations 

AGL Above Ground Level 

AOI Area of Interest 

ATC Air Traffic Control 

ATO Air Traffic Organization 

AV Aerial Vehicle 

CFR Code of Federal Regulations 

COA Certificate of Authorization 

FAA Federal Aviation Administration 

FAR Federal Aviation Regulation 

GCS Ground Control Station 

GPS Global Positioning System 

LOL Loss of Link 

NAS National Airspace System 

NOTAM Notice to Airman 

PJB Pre Job Briefing 

PIC Pilot In Command 

PO Payload Operator 

RTH Return to Home 

SECTION 33 FAA Modernization and Reform Act of 2012 (FMRA) Section 333 

SOP Standard Operating Procedures 

UA Unmanned Aircraft 

UAS Unmanned Aircraft System 

VFR Visual Flight Rules 

VLOS Visual Line of Site 

VMC Visual Meteorological Conditions 

VO Visual Observer 

VTOL Vertical Takeoff and Landing

2
Table of Contents 

Cover Page .............................................................................................................1 

Glossary of Abbreviations ................................................................................................2 

Table of Contents ................................................................................................................3 

Summary ...............................................................................................................................4 

Unmanned Aircraft ...................................................................................................................5 

The Ground Control Station/Controller ............................................................................6 

Operation of the Unmanned Aircraft ......................................................................................7 

List of Exemptions for Consideration ......................................................................................................8 

Summary for Federal Register/Conclusion .....................................................................10

3
Summary 

Dear Sir or Madam: 

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

C.F.R. Part 11. A Pixel Above, LLC seeks exemption from requirements of the following: 14 C.F.R. § 21, 

Subpart H; 14 C.F.R. § 43.11; 14 C.F.R. § 91.103;14 C.F.R. § 91.105; 14 C.F.R. § 91.119; 14 C.F.R. § 

91.121; 14 C.F.R. § 91.151(a); 14 C.F.R. § 91.215; 14 C.F.R. § 91.405(a) and (d); 14 C.F.R. § 91.407(a)

(1); 14 C.F.R. § 91.409(a)(2); 14 C.F.R. § 417(a) and (b), to operate the Unmanned Aircraft Systems 

detailed below with owner/operators/coordinators permission and appropriate authorization. 

• Real Estate Photography/Videography 

• Marketing and Advertising 

• Land Development 

• Construction 

• Land Appraisal 

• Insurance Claims 

• Gold Course Planning 

• Inspections 

• Resort/Recreation 

• Wedding Photography/Videography 

• Surveying 

• Agriculture 

• Special Events 

• Vineyard/Winery 

• Utility

Request for this exemption is in the public interest for there are many services that can be provided by 

Unmanned Aircraft Systems that are currently conducted by manned aircraft. Using a UAS for many of 

these applications creates an environmentally friendly, lower cost solution to both the operator and 

consumer. These aircraft can be operated without risk of loss of life or limb, and without significant 

financial impact to the operator or any person or property on the ground in the event of the loss of an 

aircraft. Utilizing these UAS will create a safe and more productive work environment, reduce 

environmental pollution and have a positive impact on the local economy which is in the public interest. 

4
The Unmanned Aircraft 

A Pixel Above, LLC. will be operating a DJI Inspire 1 Pro which is a commercially available UAS system 

from the top rated UAV company. System Specifications, flight and maintenance manuals of UAS are 

available upon request. 

The DJI Inspire 1 Pro is a quadcopter design with 4 lightweight electric motor/rotor that has the ability to 

take off and land vertically. When equipped with its X5 camera and battery the drone comes in at a 

weight of 8.8 lbs. The Inspire 1 Pro comes with a avionics suite containing an on-board flight computer 

with GPS navigation and inertial measurement unit (IMU) based altitude stability system, a barometric 

altimeter sensor and compass unit. An onboard processor receives signals for flight and payload control 

from a ground-based transmitter/controller/ground station device. An on-board telemetry system delivers 

flight data from the flight computer to the downlink radio transmitter to provide the Pilot in Command 

(PIC) with information such as altitude AGL, horizontal and vertical speed, compass direction of flight, 

bearing and distance to the controlling station, current waypoint, battery status, current flight mode, GPS 

health status, loss of link status, and GPS position. This data is displayed to the PIC via the Ground 

Control Station (GCS) application running on one or more computer devices such as a smart phone, tablet 

or PC. 

The DJI Inspire 1 Pro has features that will make using the UA safer and more reliable such as the return 

to home (RTH) which when enabled from the controller will request the UA to return to the take off 

location after reaching a safe altitude that was designated in the pre job briefing (PJB) and programmed 

into the settings. If a LOL accrues then the UA will automatically start the RTH procedure and land at the 

take off location. The DJI Inspire 1 Pro is equipped with smart battery technology that can monitor the 

battery in real time and send that data to the PIC, this information will tell the PIC how much battery life 

the Inspire 1 Pro has remaining and also calculate the amount of power the UA needs to reach the take off 

location before running out of power. Also when the UA reaches the 30 percent mark in alerts the PIC 

with a low battery indicator as well as a red flashing light on the rear of the UA for a visual reference to 

the PIC and VO. If the Inspire 1 Pro has not been landed by a preset battery percentage then the UA will 

automatically start the RTH procedure and land at the take off location or designated landing site. 

The DJI Inspire 1 Pro carries an on-board camera capable of capturing 16 MP photos, 4K HD video and 

1080P video stream to the ground station VIA the downlink transmitter for the PIC and optional Payload 

Operator (PO) to review, record and stream. 

All UA’s operated by A Pixel Above, LLC 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 in a size as large as practical for the size of the 

UA 

All UA’s operated by A Pixel Above, LLC will be maintained in accordance with the manufactures 

maintenance and user manuals. Repairs, inspections (except preflight), component changes, and software/

firmware updates will be recorded in the UA’s airframe maintenance logbook. Logbook entries will 

include date, airframe serial number, registration number, current airframe flight time, description of work 

performed, part number and serial number of components replaced if available, signature of person 

performing the work.

5
The Ground Control Station/Controller 

The UAS products A Pixel Above, LLC intends to operate under this exemption use a series of 

components to comprise the ground control station (GCS). The first and primary components of the 

ground segment is a handheld pilot controller and an optional handheld payload controller. The pilot 

controller provides a user interface for flight altitude commands augmented by the UA’s onboard IMU 

and GPS aided stabilization system. The controller also has options for manipulating the flight mode, 

payload gimbal, camera functions, and landing gear if equipped. The Datalink (Light Bridge) component 

uses a frequency range of 2.4GHz to 2.48GHz frequency range with a power output of approximately 

125mW. The uplink sends flight and payload commands to the UA’s autopilot which then processes the 

commands along with sensor inputs to manipulate the motor speed controllers and provide the desired 

response. The downlink transmitter on the UA operates on a 5.728GHz to 5.85GHz and an output power 

of approximately 25mW. The downlink transmitter provides live video from the on-board camera plus all 

the UA flight data described above. Downlink data and video is received by the pilot controller and 

optional payload controller which is then displayed to the PIC and optional PO via an application on a 

handheld device such as a smart phone, tablet or PC. The GCS application also provides a heads up 

display of pertinent flight data and UA status reports along with a moving map display. Both the uplink 

and downlink transmitters have been tested and comply with part 15 of the FCC rules for a class B digital 

device. 

6
Operation of the Unmanned Aircraft 

The UAS’s size, weight, limited range and payload capacity, along with restricted use within a COA area 

monitored by A Pixel Above, LLC in no way presents a national security issue. The Exemptions requested 

by A Pixel Above, LLC provide for the equivalent, if not a higher, level of safety than the current similar 

manned airborne photo/video systems due to the dangers associated with much larger, heavier, and faster 

conventional manned aircraft. 

A Pixel Above, LLC unmanned aircraft operations will also comply with the following limitations: 

• Operations will occur in Class G airspace at no more than 400 ft AGL or the maximum 

altitude specified in the COA limitations. 

• Operations can be conducted within Class E and Class D airspace but only with an approved 

letter of agreement/authorization with the controlling agency/airfield manager and will not exceed 

400 ft or the maximum altitude specified in the COA limitations. 

• A Pixel Above, LLC will not operate a UA within 5 miles of an airport or heliport unless prior 

permission has been obtained from the controlling agency/airfield manager. 

• A Pixel Above, LLC will not operate the UA at an airspeed greater than 42 knots. 

• A Pixel Above, LLC will only operate the UA in the daytime under VFR conditions. 

• A Pixel Above, LLC will obtain the appropriate COA for the desired flight area as required 

and remain in compliance with the COA restrictions. 

• A Pixel Above, LLC will file the appropriate notice to airmen for the desired flight area as 

required. 

• A Pixel Above, LLC will obtain permission from the property owner, authorized agent or 

controlling agency prior to operation at that location. 

• A Pixel Above, LLC will ensure the operational area is posted/access controlled and the 

operational area is clear of personnel not involved in the UAS flight operation. 

• A Pixel Above, LLC PIC will complete the manufactures preflight checklist as well as the A 

Pixel Above, LLC preflight risk assessment sheet. 

• A Pixel Above, LLC will maintain a copy of the current user/operations manual for the UAS 

with the ground control station during operation. 

• A Pixel Above, LLC will ensure the UA remains clear of and yield the right of way to all 

manned aircraft operations and activities at all times. 

• The UAS will not be operated by the PIC from any moving vehicle or device. 

• Any incident, action, or flight operation that transgresses the lateral or vertical boundaries of 

the operational area as defined by the applicable COA will be reported to the FAA’s Integration 

Office (AFS-80) within 24 hours. Accidents will be reported to the National Transportation Safety 

Board (“NTSB”). Further flight operations will not be conducted until the incident, accident, or 

transgression is reviewed by the AFS-80 and authorization to resume is provided.

7
List of Exemptions for Consideration 

Based on the facts and descriptions we have provided, we respectfully request that the FAA grant A Pixel 

Above, LLC the following requested exemptions: 

14 C.F.R. § 21, Subpart H; 14 C.F.R. § 43.11; 14 C.F.R. § 91.103;14 C.F.R. § 91.105; 

14 C.F.R. § 91.109; 14 C.F.R. § 91.119; 14 C.F.R. § 91.121; 14 C.F.R. § 91.151(a); 

14 C.F.R. § 91.215; 14 C.F.R. § 91.405(a) and (d); 14 C.F.R. § 91.407(a)(1); 

14 C.F.R. § 91.409(a)(2); 14 C.F.R. § 417(a) and (b). 

14 C.F.R. 21, Subpart H: Airworthiness Certificate 

A Pixel Above, LLC requests an exemption from 14 C.F.R. 21, Subpart H. This Subpart establishes the 

procedures for the issuance of an airworthiness certificate. A Pixel Above, LLC requests an exemption 

from Part 21, Subpart H because the UA’s meets an equivalent level of safety pursuant to Section 333 of 

the Reform Act due to its small size, light weight, and restricted operating environment. 

14 C.F.R 43.11: Records for Inspections 

A Pixel Above, LLC requests an exemption from 14 C.F.R. 43.11. This part provides that maintenance 

record entries be maintained, that the inspector list discrepancies, and to affix placards to the aircraft. Due 

to its small size the UAS proposed for use, does not have room for placards to be placed in or on it and no 

inspections for UAS have been certified by FAA at the present time. However, as a condition to the grant 

of the exemption, A Pixel Above, LLC will perform the inspections and time replaceable items 

recommended by the manufacturer and keep records and log books of all maintenance and repairs. 

14 C.F.R 91.103: Preflight Action 

A Pixel Above, LLC requests an exemption from 14 C.F.R. 91.103. This regulation requires each PIC to 

take certain actions before flight to insure the safety of flight. As FAA approved flight manuals will not be 

provided for the UAS, an exemption is needed. The PIC will follow the manufactures preflight inspection 

and complete the A Pixel Above, LLC preflight risk assessment which includes reviewing weather, flight 

battery requirements, landing and takeoff areas, loss of link plan, etc. before flight. 

14 C.F.R 91.105: Flight Crew-members at Stations 

A Pixel Above, LLC requests an exemption from 14 C.F.R. 91.105. since this part is not applicable due to 

the UA carrying no flight crew-members. An equivalent level of safety will be maintained by ensuring 

the PIC does not change inflight. 

14 C.F.R 91.119: Minimum Safe Altitudes 

A Pixel Above, LLC requests an exemption from 14 C.F.R. 91.119 which establishes safe altitudes for 

operation of civil aircraft. Section 91.119(c) prevents flying an aircraft at an altitude of less than 500 feet 

or operating an aircraft closer than 500 feet to any person, vessel, vehicle, or structure. As this exemption 

requests authority to operate from ground level up to altitudes of 400 feet, an exemption is needed to 

allow such operations. The UAS will never operate at altitudes higher than 400 feet above ground level. 

It will however be operated on/over private property with the landowner’s consent. The equivalent level 

of safety will be achieved given the size, weight, limited speed of the UAS as well as maintaining a 

location clear of non-essential personnel where it is operated. No flight will be taken without the 

permission of the landowner, authorized official, or controlling agency. Compared to flight operations 

with aircraft or rotorcraft weighing far more than the proposed UA’s weight and the lack of flammable 

fuel on the UAS, any risk associated with the UAS operations is far less than similar operations with 

conventional aircraft. 

8
14 C.F.R 91.121: Altimeter Settings 

A Pixel Above, LLC requests an exemption from 14 C.F.R. 91.121. This regulation requires each person 

operating an aircraft to maintain cruising altitude by reference to an altimeter that is set “. . .to the 

elevation of the departure airport or an appropriate altimeter setting available before departure.” Although 

the UA does have a barometric altimeter sensor, it is not adjustable and relies instead on a GPS altitude 

and ultrasonic sensor for displaying AGL altitude to the PIC therefore an exemption is requested. An 

equivalent level of safety will be achieved by the operator confirming the altitude of the launch site 

shown on the GPS altitude indicator before flight as well as the operator receiving live feedback 

information about the UA, including the height of the UA, its forward velocity, and compass heading. The 

operator will be able to observe and limit the maximum height of the UA to 400’ AGL or less. 

Additionally, the UAS will be operated within the line of sight of the PIC and VO. 

14 C.F.R 91.151(a): Fuel Requirements for Flight in Visual Flight Rules (“VFR”) Conditions 

A Pixel Above, LLC requests an exemption from 14 C.F.R. 91.151(a) as stated prohibits an individual 

from beginning “a flight in an airplane under visual flight rules 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: During the day, to fly after that for at least 30 minutes; or At night, to fly after that 

for at least 45 minutes.” The battery powering the UAS provides approximately 25 minutes of powered 

flight making it impossible to meet the 30 minute reserve requirement in 14 C.F.R. §91.151. A Pixel 

Above, LLC believes that an equivalent level of safety can be achieved by limiting flights to 25 minutes 

or 30 percent of remaining battery power, whichever happens first. This restriction would be more than 

adequate to return the UA to its planned landing zone from anywhere in its limited LOS operating area. In 

addition the UA reports its current battery condition and alerts the PIC when battery level is near the 

desired threshold (30%) for returning to the landing position from its current location. 

14 C.F.R 91.405 (a) & (d); 407 (a)(1); 409 (a)(2); 417(a) & (b): Maintenance Inspections 

A Pixel Above, LLC requests an exemption from 14 C.F.R. 91.405 (a) and (d); 407 (a)(1), 409(a)(2), and 

417 (a) and (b). These regulations require that an aircraft operator or owner “shall have that aircraft 

inspected as prescribed in subpart E of this part and shall between required inspections, except as 

provided in paragraph (c) of this section, have discrepancies repaired as prescribed in part 43 of this 

chapter . . .,” and others shall inspect or maintain the aircraft in compliance with Part 43. Given that these 

sections and Part 43 apply only to aircraft with an airworthiness certificate, these sections will not apply 

to A Pixel Above, LLC. Maintenance will be accomplished by the operator in accordance to the 

manufacturer’s maintenance and user manuals for the proposed UAS. An equivalent level of safety will 

be achieved because these small UAS are very limited in size and will carry a small camera and operate 

only in restricted areas for limited periods of time. If mechanical issues arise, the UAS can land 

immediately and will be operating from no higher than 400 feet above ground level. A Pixel Above, LLC 

will take UA to a local certified dealer when performing required maintenance or will ship back to 

manufacture, and keep a log of any maintenance performed.

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Summary for the Federal Register 

The following summary is provided for publication in the Federal Register, A Pixel Above, LLC requests 

exemptions from the following regulations: 14 C.F.R. § 21, Subpart H; 14 C.F.R. § 43.11; 14 C.F.R. § 

91.103;14 C.F.R. § 91.105; 14 C.F.R. § 91.119; 14 C.F.R. § 91.121; 14 C.F.R. § 91.151(a); 14 C.F.R. § 

91.215; 14 C.F.R. § 91.405(a) and (d); 14 C.F.R. § 91.407(a)(1); 14 C.F.R. § 91.409(a)(2); 14 C.F.R. § 

417(a) and (b) to operate commercially a small unmanned aircraft (10 pounds or less) in support of 

commercial real estate photography/videography, marketing and advertising, land development, 

construction, land appraisal, insurance claims, golf course planning, inspections, resort/recreation, 

wedding photography/videography, surveying, agriculture, special events, vineyard/winery and utility

with the owners/operators/coordinators permission and appropriate authorization. 

Privacy 

All flights will occur over private or controlled access property with the landowner’s prior consent and 

knowledge. Since areas will be restricted there is little to no chance that there will be non-essential 

personnel who have not consented to being in close proximity with the UAS operation. 

Conclusion 

A Pixel Above, LLC is prepared to modify or amend any part of this request to satisfy the need for an 

equivalent level of safety. Please contact us at any time if you require additional information or 

clarification. We look forward to working with your office.

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