### 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

1Glossary 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

2Table 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

3Summary 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.

4The 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.

5The 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.

6Operation 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.

7List 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.

814 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.

9Summary 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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