# ~PIXEL

# FREEZ

Pixel FreezLLC 142knightsbridgeRd. Bluflton,Sc.29910 Tel# 843-384-1993 Website: www.pixelfreez.com October 22, 2015 Attn: U.S. DepartmentofTransportation Docket Operations West Building Ground Floor, Room w12-140 1200NewJerseyAve, SE Washington, DC 20590 RE: PixelFreezLimitedLiability Corporation (LLC) \···

REQUESTANEXEMPTIONFROM THE REQUIREMENTS OFTITLE 14 OF THE CODE OFFEDERALREGULATIONS: SECTIONS 61.113(a) & (b), 91.7(a), 91.121, 91.151(b), 91.405(a), 91.407(a)(l), 91.409(a)(1) & (a)(2), AND 91.417(a) & (b) CONCERNING COMMERCIAL OPERATION OF DJI Phantom 3 UNMANNEDAIRCRAFT SYSTEMS PURSUANTTO SECTION 333 OF THEFAAMODERNIZATIONAND REFORMACTOF 2012 (PUBLIC LAW 112-95)

Owner Pixel FreezLLC 142knightsbridge rd. Bluflton,Sc. 29910 Tel# 843-384-1993 Email: aaron@pixelfreez.com

1

### TABLE OF CONTENTS Page GLOSSARYOFABBREVIATIONS

...........................................................................................3 SUMMARY.

..................................................................................................................................4 INTRODUCTIONAND INTERESTS OF PETITIONER

...........................................................4 BACKGROUND

............................................................................................................................4 BASIS FORPETITION

.................................................................................................................5 NAMEANDADDRESS OF PETITIONER

.................................................................................6

THE SPECIFIC SECTIONS OF 14 C.P.R. FROMWHICHPixelFreezLLC SEEKS EXEMPTION

................................................................................................................................? THEEXTENT OF RELIEF Pixel FreezLLC SEEKSAND THE REASONPixel FreezLLC SEEKS THERELIEF

...............................................................................................................10 THE REASONS WHYGRANTINGPixel FreezLLC'S REQUESTWOULD BEIN THE PUBLIC INTEREST

..................................................................................................................12 THE REASONS WHYGRANTINGTHEEXEMPTIONTO Pixel FreezLLC WOULD NOT ADVERSELYAFFECT SAFETY

...............................................................................................14 SUMMARYTHAT CAN BEPUBLISHED INTHEFEDERALREGISTER

.........................25 ANYADDITIONALINFORMATION, VIEWS, ORARGUMENTSAVAILABLE TO SUPPORT Pixel FreezLLC'S REQUEST

...................................................................................25 CONCLUSION

..............................................................................................................................25 APPENDICES

...............................................................................................26

2AGL AOI ATC ATO AV CFR COA FAA FAR GCS GPS LOL NAS NOTAM PIC Section 333 

## so SOP UA UAS VFR VLOS VMC VTOL GLOSSARYOFABBREVIATIONS Above GroundLevel Area ofInterest AirTraffic Control AirTraffic Organization Aerial Vehicle Code ofFederal Regulations Certificate ofAuthorization FederalAviationAdministration FederalAviation Regulation Ground Control Station Global Positioning System Loss ofLink NationalAirspace System Notice toAirman PilotIn Command FAAModernization and ReformActof2012 (FMRA) Safety Observer Standard Operating Procedures UnmannedAircraft UnmannedAircraft System Visual FlightRules Visual Line ofSite Visual Meteorological Conditions Vertical TakeoffandLanding

3SUMMARY Pixel Freez LLC hereafterreferredto as Pixel FreezLLC seeks exemption from the requirements of 14 C.ER §§ 61.113(a) & (b), 91.7(a), 91.121, 91.151(b), 91.405(a), 91.407(a)(1), 91.409(a)(1) & (a)(2), and 91.417(a) & (b), to operate an Unmanned Aircraft System (DJI Phantom 3) pursuantto Section 333 ofthe FAAModernization and ReformActof2012 (FMRA). This exemption will permit Pixel FreezLLC to operate anUnmannedAircraft System (UAS) for the commercial purpose of conducting aerial video and photography of construction sites, residential and commercial real estate, civil landscapes and events over certain areas of the United States. INTRODUCTIONAND INTERESTS OFTHEPETITIONER Pixel Freez LLC has for over eight years provided their clients (which include private sector businesses and non-profits, along with local state and federal agencies) with expertise and knowledge in video and multimedia marketing, advertising, public relations and training using advanced technologies and solutions. Pixel Freez LLC has worked on productions over the past eight years in all types oflocations with a perfect client and employee safety record. The objective of Pixel Freez LLC and our Unmanned Aircraft System (DJI Phantom 3) aerial operations is to provide a more affordable, high-quality production system for a variety of governmental, commercial, public, and residential uses, specificallytargeting



### • Construction sites before and after 

### • Appraisals 

### • Real-estate marketing


### • Economic development


### • Civic landmarks


### • Special event coverage 

### • Private and governmental training


### • Film Shoots
My staffhas safely flown small RC electric quadcopters recreationally for approximately 2months and 55 flights without incident.

4

### BACKGROUND UnmannedAircraft Systems: DJI Phantom 3. UAS Pixel Freez LLC seeks an exemption to operate DJI Phantom 3 system for compensation orhire within the NAS. The DJI Phantom 3 is vertical takeoffand landing (VTOL) Unmanned Aircraft (UA) with a Ground Control Station (GCS) utilizing electronic tablet or smartphone systems. The DJI Phantom 3 has a maximum gross weight of approximately 1280g. while having a diagonal dimension of 590mm, a maximum speed of approximately 16 rnls (ATTI mode, no wind) and a maximum flying height of6000 m. However, operating speeds and altitudes will be restricted as proposed in this petition. The DJI Phantom 3 is equipped with four main rotors; driven by Lithium Polymer battery powered electric motors. Detailed specifications can be found inAppendixA (Page 54) ofthe UserManual: http: 

### IIdown 1 o ad. dj i- innovations. com

### Idown 1 o ads

### Iphantom_3 

### Ien

### I Phantom_3 _Advanced_ User_ Manual_ v1.6 _en.pdf The DJI Phantom 3 that will be operated by Pixel Freez LLC will be registered in accordance with 49 U.S.C. 44103,Registration of Aircraft, as well as 14 C.F.R Part47,AircraftRegistration, and marked inaccordance with 14 C.P.R. Part45, Identification andRegistrationMarking.



### BASIS FOR PETITION Petitioner, Pixel Freez LLC, pursuant to the provisions ofthe Federal Aviation Regulations (14 C.P.R. § 11.61) and the FAA Modernization and Reform Act of 2012 (FMRA), Section 333, Special Rules for Certain Unmanned Aircraft Systems, hereby petitions the Administrator to commercially operate the DJI Phantom 3, UAS in the National Airspace System (NAS), and for an exemption from the requirements of 14 C.F.R §§ 61.113(a) & (b), 91.7(a), 91.121, 91.151(b), 91.405(a), 91.407(a)(l), 91.409(a)(1) & (a)(2), and 91.417(a) & (b). In consideration of the speed, weight, size, and limited operating area associated with the unmanned aircraft and its operation, Pixel Freez LLC operation ofDJI Phantom 3 UAS meets the conditions ofFMRA Section 333 and therefore, will not require an airworthiness certificate in accordance with 14 C.P.R. Part21, SubpartH. Accordingly, Pixel FreezLLC requests relieffrom Sections 91.405(a), 91.407(a)(1), 91.409(a)(l) & (a)(2), and 91.417(a) & (b), as these sections set forth requirements for maintenance that only apply to aircraftwith an airworthiness certificate. Pixel Freez LLC submits that the requested reliefis proper since an equivalent level of safety will be ensured. Pixel Freez LLC will use experienced personnel or technicians to perform maintenance, alterations, or preventive maintenance onthe UAS using the methods, techniques,

5and practices prescribed in the operating documents (i.e., Monthly Maintenance Log, and Dn Phantom 3 Instruction Manual). Furthermore, Pixel Freez LLC will document and maintain all maintenance records for the DJI Phantom 3 UAS. Relieffrom certain requirements ofSection 61.113(a) and (b), entitled Private pilot privileges and limitations: Pilot in command, is requested by Pixel Freez LLC to the extent necessary to allow a Pilot in Command (PIC) holding a private pilot or higher level certificate, as well as an airman medical certificate, and who has demonstrated, by meeting minimum flight- hour and currency requirements, thatthe PIC is able to safely operate the DJI Phantom 3 UAS in a manner consistent with this exemption, including evasive and emergency maneuvers and maintaining appropriate distances from people, vessels, vehicles and structures. Pixel Freez LLC seeks relieffrom Section 91.7(a), entitled Civil aircraft airworthiness, because the DnPhantom 3 UAS do notrequire an airworthiness certificate in accordance with 14 C.P.R. Part 21, Subpart H. As such, Pixel Freez LLC submits that they will ensure thatthe DJI Phantom 3 UAS are in an airworthy condition, prior to every flight, by determining that the UAS are in compliance with the operating documents (i.e., Monthly Maintenance Log, and DJI Phantom 3 Instruction Manual), and thatthe aircraft are ina condition for safe flight. Pixel Freez LLC also seeks an exemption from the requirements of Section 91.121, entitled Altimeter Settings, as the DJI Phantom 3 UAS will not have a typical manually adjustable barometric altimeter onboard. However, height Above Ground Level (AGL) information ofthe DJI Phantom 3 UAS will be provided to the PIC via Global Positioning System (GPS) equipment and radio communications telemetry data link, which downlinks from the UA to the GCS for active monitoring ofthe flight path. This height information, combined with Pixel Freez LLC's operation ofthe DJI Phantom 3 UAS within visual line of sight, at or below 400 feet AGL, will ensure a level ofsafety equivalentto Section 91.121. Additionally, Pixel Freez LLC seeks an exemption from the requirements ofSection 91.15l(b), entitled Fuel requirementsforflight in VFR conditions. Pixel Freez LLC submits that safety will not be affected by operation of the DJI Phantom 3 UAS during daylight hours in visual meteorological conditions (VMC) under visual flight rules (VFR), with enough battery power to fly for a total duration ofapproximately 18 minutes. Battery power indicators are also able to show exactly how much battery power is left, as well as how much time is needed to return safely backto point oftake-off. In accordance with 14 C.P.R. § 11.81, Pixel Freez LLC provides the following information in supportofits petitionfor exemption:

6A. Name andaddress ofthe Petitioner. The name and address ofthe Petitioner andpoint ofcontactis:

AaronFriesen Owner Pixel FreezLLC 142knightsbridgerd. Bluffton,Sc. 29910 Tel# 843-384-1993 Email: aaron@pixelfreez.com

B.The specific sections of14 C.F.R. from which Pixel Freez LLC seeks exemption. 1. PixelFreez LLC seeks exemptionfrom the requirements ofSection 61.113(a)And (b). Section 61.113, entitled Private pilot privileges and limitations: Pilot in command, subsections (a) and (b) prescribe the following, inrelevantpart: (a) No person who holds a private pilot certificate may act as a pilot in command (PIC) ofan aircraft that is carrying passengers or property for compensation or hire;
nor may thatperson, for compensation orhire, act as PIC ofan aircraft. (b) A private pilot may, for compensation or hire, act as PIC of an aircraft in connectionwithany business or employment if- (1) The flight is only incidental to thatbusiness oremployment; and (2) The aircraftdoes not carry passengers orproperty for compensation orhire. 2.PixelFreez LLC seeks exemptionfrom the requirements ofSection 91.7(a). Section 91.7, entitled Civil aircraftairworthiness, subsection (a), states the following: (a) Noperson may operate a civil aircraftunless itis in an airworthy condition. 3. PixelFreez LLC seeks exemptionfrom the requirements ofSection 91.121. Section91.121, entitledAltimeter settings, subsection (a), statesthe following, in part: (a) Eachperson operating an aircraft shall maintainthe cruising altitude orflight level ofthat aircraft, as the case may be, by reference to an altimeter that is set, when operating--

7(1) Below 18,000 feet MSL, to-- (i) The current reported altimeter setting of a station along the route and within 1 00 nautical miles ofthe aircraft; (ii) Ifthere is no station within the area prescribed in paragraph (a)(l)(i) of this section, the current reported altimeter setting ofan appropriate available station; or

(iii) Inthe case ofan aircraft not equipped with a radio, the elevation ofthe departure airport or an appropriate altimeter setting available before departure. 4. ThePixelFreez LLC seeks exemptionfrom the requirements ofSection 91.151(b). Section 91.151, entitledFuel requirementsforflight in VFR conditions, subsection (b), states the following: (b) No person may begin aflight in a rotorcraft under VFR conditions unless (considering windand forecast weather conditions) there is enoughfuel tofly to the firstpoint of intended landing and, assuming normal cruising speed, tofly after that for atleast20minutes. 5. ThePixelFreez LLC seeks exemptionfrom the requirement ofSection 91.405(a). Section 91.405, entitledMaintenance required, subsection (a), states the following: Each owneroroperator ofan aircraft- (a) Shall have that aircraft inspected as prescribed in subpart E ofthis part and shall between required inspections, except as provided in paragraph (c) of this section, have discrepancies repaired as prescribedinpart43 ofthis chapter[.] 6.The PixelFreezLLC seeks exemptionfrom the requirements ofSection 91.407(a)(l) Section 91.407, entitled Operation after maintenance, preventive maintenance, rebuilding, oralteration, subsection (a)(l), states the following: (a) No person may operate any aircraft that has undergone maintenance, preventive maintenance, rebuilding, or alterationunless-- (1) Ithas been approved for return to service by a person authorized under§ 43.7 ofthis chapter. 7. The Pixel Freez LLC seeks exemption from the requirements of Sections 91.409(a)(1) And91.409(a)(2). Section 91.409, entitledInspections, subsection (a), states the following:

8(a) Except as provided in paragraph (c) ofthis section, no person may operate an aircraft unless, withinthe preceding 12 calendar months, ithas had

-- (1) An annual inspection in accordance with part 43 ofthis chapter and has been approved for returnto service by a person authorized by§ 43.7 ofthis chapter; or (2) An inspection for the issuance of an airworthiness certificate in accordance withpart 21 ofthis chapter. 8. The Pixel FreezLLC seeks exemption from the requirements of Sections 91.417(a) And 91.417(b). Section 91.417, entitled 

### Maintenance records, subsections (a) and (b), state the following: (a) Except for work performed in accordance with §§ 91.411 and 91.413, each registered owner oroperator shall keep the following records for the periods specified inparagraph (b) ofthis section: (1) Records of the maintenance, preventive maintenance, and alteration and records of the 1 00-hour, annual, progressive, and other required or approved inspections, as appropriate, for each aircraft (including the airframe) and each engine, propeller, rotor, and appliance ofan aircraft. The records mustinclude-- (i) A description (or reference to data acceptable to the Administrator) ofthe workperformed; and (ii) The date ofcompletionofthe workperformed; and (iii) The signature, and certificate number ofthe person approving the aircraft for returnto service. (2) Records containing the following information: (i) The total time in service ofthe airframe, each engine, each propeller, and eachrotor.

(ii) The current status oflife-limited parts ofeach airframe, engine, propeller, rotor, and appliance.

(iii) The time since last overhaul ofall items installed on the aircraft which
are requiredto be overhauled ona specifiedtime basis. (iv) The current inspection status ofthe aircraft, including the time since the last inspection required by the inspection program under which the aircraft and its appliances are maintained.

9(v) The current status ofapplicable airworthiness directives (AD) and safety directives including, for each, the method of compliance, the AD or safety directive number and revision date. If the AD or safety directive involves recurring action, the time and date whenthe next action is required.

(vi) Copies of the forms prescribed by 

### § 43.9(d) of this chapter for each major alteration to the airframe and currently installed engines, rotors, propellers, and appliances. (b) The owner or operator shall retain the following records for the periods prescribed: (1) The records specified inparagraph (a)(l) ofthis section shall be retained until the work is repeated or superseded by other work or for 1 year after the work is performed. (2) The records specified inparagraph (a)(2) ofthis section shall be retained and transferredwiththe aircraft atthe timethe aircraft is sold. (3) A list ofdefects furnished to a registered owner or operator under 

### § 43.11 of this chapter shall be retained until the defects are repaired and the aircraft is approved for returnto service. 

### C. The extent of relief Pixel Freez LLC seeks and the reason Pixel Freez LLC seeks the relief. 1. Extent ofreliefPixel Freez LLC seeks and the reason Pixel Freez LLC seeks relieffrom Section 61.113(a) and (b). Relieffrom Section 61.113(a) and (b) entitled Private pilotprivileges and limitations: Pilot in command, is requested to the extent necessary to allow a PIC holding a private pilot or higher level certificate, as well as a current and valid airman medical certificate, and who has met certain flight-hour and currency requirements, to conductthe proposed UAS flight operations for compensation orhire. This reliefis requested since the limitations set forth in Section 61.113(a) and (b) state that a private pilot may, for compensation or hire, act as PIC of an aircraft in connection with any business or employment if: (1) The flight is only incidental to that business or employment; and (2) The aircraft does not carry passengers orproperty for compensation orhire. As set forth more fully below, Pixel Freez LLC submits that an equivalent level ofsafety will be maintained because no PIC will be allowed to operate the DJI Phantom 3 UAS unless that PIC has met certain flight-hour and currency requirements, demonstrating that the PIC is able to safely operate either the DJI Phantom 3 UAS in a manner consistent with the operations

10specifications as described in this exemption, including evasive and emergency maneuvers, as well as maintaining appropriate distances from people, vessels, vehicles and structures. Further, Pixel Freez LLC submits that all flights ofthe DJI Phantom 3 UAS, conducted by the PIC pursuant to the grant ofthis Petition: (1) will be incidental to Pixel Freez LLC's business; (2) will not carrypassengers orproperty for compensation orhire. 

### 2. Extent ofreliefPixel FreezLLC seeks and the reason Pixel FreezLLC seeks relieffrom Section91.7(a). Relief from Section 91.7(a) entitled 

### Civil aircraft airworthiness, is requested to the extent required to allow Pixel Freez LLC to determine that the DJI Phantom 3 UAS are in airworthy condition prior to every flight by ensuring that the UAS are in compliance with the operating documents (i.e., the Pixel Freez LLC Aerial Operations Manual, Monthly Maintenance Log, and DJI Phantom 3Instruction Manual). Pixel Freez LLC seeks the requested reliefbecause the DJI Phantom 3 UAS does not require an airworthiness certificate 

### inaccordance with 14 C.F.R. Part21, Subpart H. Therefore, Pixel Freez LLC will ensure that the DJI Phantom 3 UAS are in airworthy conditionbased upon compliance with the operating documents (i.e., Monthly Maintenance Log, and DJI Phantom 3) prior to every flight, and further, determine that the aircraft are in condition for safe flight, as stated in the conditions and limitations below. 

### 3. Extent ofreliefPixel Freez LLC seeks and the reason Pixel Freez LLC seeks relieffrom Section91.121. Relief from Section 91.121, entitled Altimeter settings, may be required to allow flight operations of the DJI Phantom 3 UAS, which utilize a barometric pressure sensor, GPS equipment, and a radio communications telemetry data link to downlink altitude information from the UA to the PIC at the ground control station (GCS). Since the FAA requires that any altitude information concerning UAS operations be reported to air traffic control (ATC) in feet above ground level (AGL), Pixel Freez LLC seeks the requested reliefbecause the DJI Phantom 3 UA's altimeter may be set on the ground to zero feet AGL, rather than the local barometric pressure orfield altitude, before eachflight. Considering the limited altitude ofthe proposed operations, relieffrom 14 CFR 91.121 is sought to the extent necessary to comply with the applicable conditions and limitations stated below. As
more fully set forth herein, an equivalent level of safety will be maintained since the DJI Phantom 3 UAS are equipped with a barometric pressure sensor and GPS equipment, which automatically ensures that a ground level pressure setting will be established prior to each flight, and providesthe PIC with altitude information ofthe UAonthe display ofthe GCS. 

### 4. Extent ofreliefPixel Freez LLC seeks andthe reason Pixel Freez LLC seeks relieffrom Section91.15l(b).

11Relieffrom Section 91.151(b) entitled Fuel requirements for flight in VFR conditions, is requested to the extent required to allow flights ofthe battery powered Dll Phantom 3 UAS during daylight hours in visual meteorological conditions (VMC), under visual flight rules (VFR), for a total duration of 18 minutes per fully charged battery. Pixel Freez LLC seeks the requested reliefbecause without an exemption from Section 91.151(b), the flight time duration ofthe battery powered DJI Phantom 3 UAS will severely constrain the practicality ofany aerial video or still photo flight operations that Pixel Freez LLC proposes to conduct pursuant to this Petition. Significantly, as set forth below, the technical specifications ofthe Dll Phantom 3 UAS, the DJI Phantom 3 operating documents, and Pixel Freez LLC's proposed operating limitations, ensure that Pixel Freez LLC will safely operate the battery powered Dll Phantom 3 UAS during daylight hours in visual meteorological conditions (VMC), under visual flight rules (VFR), with enoughbatterypowerto fly for atotal duration of 18 minutesperfully charged battery. 5. Extent ofreliefPixel Freez LLC seeks and the reason Pixel Freez LLC seeks relieffrom Sections91.405(a),91.407(a)(l),91.409(a)(l) & (a)(2), and91.417(a) & (b). Since Sections 91.405(a), 91.407(a)(l), 91.409(a)(l) & (a)(2), and 91.417(a) & (b) only apply to aircraft with an airworthiness certificate, Pixel Freez LLC requests relief from these sections because the DJI Phantom 3UAS do notrequire airworthiness certificates. As set forth more fully below, the DJI Phantom 3 UAS meet the conditions ofFMRA Section 333 for operation without an airworthiness certificate. Accordingly, Pixel Freez LLC will use trained technicians to perform maintenance, alterations, or preventive maintenance on the UAS using the methods, techniques, and practices prescribed in the UAS operating documents (i.e., the Pixel Freez LLC Aerial Operations Manual, Monthly Maintenance Log, and DJI Phantom 3 Instruction Manual). Furthermore, Pixel Freez LLC will document and maintain all maintenance records for the Dll Phantom 3UAS. D. The reasons why granting Pixel FreezLLC request wouldbe in the public interest; that is,howitwouldbenefit thepublic as a whole. Granting the present Petition will further the public interest by allowing Pixel Freez LLC to safely, efficiently, and economically perform aerial video and photography ofconstruction sites, real estate, events and civic landscape over certain areas ofthe United States. Additionally, use of the Dll Phantom 3 UAS will decrease congestion of the NAS, reduce pollution, and provide significant benefits to the economy. Notably, the benefits ofPixel Freez LLC's proposed operation ofthe Dll Phantom 3 UAS will be realized without implicating any privacy issues.

12

### 1.Thepublic will benefit from decreasedcongestionofthe NAS. The DJI Phantom 3 UAS are light-weight, battery powered aircraft and serve as a safe, efficient, and economical alternative to the manned aircraft traditionally utilized to obtain aerial imagery. By reducing the number ofmanned aircraft needed to perform aerial acquisitions, an exemption allowing the use of a DJI Phantom 3 UAS would reduce the number of manned aircraft operations in the NAS, reduce noise and air pollution, as well as increase the safety oflife and property inthe air and onthe ground. Furthermore, by reducing the number of manned aircraft operating in the NAS, congestion around airports caused by arriving and departing aircraft will be reduced. The DJI Phantom 3 UAS do not require an airport to takeoff or land. Likewise, a reduction of manned aircraft conducting aerial video and photography missions would result in fewer aircraft that must be handled by air traffic control during the ground, takeoff, departure, arrival, and landing phases of flight operations. 2.ThePublic will benefitfrom the safetyandefficiencyoftheDJIPhantom3 UAS. Conducting aerial acquisitions with the DJI Phantom 3 UAS, instead ofmanned aircraft, will greatly benefit the public by drastically reducing the levels ofair and noise pollution generated during traditional aerial video and still photography flight operations. By using battery power and electric motors, the DJI Phantom 3 UAS produce no air pollution, and is the most viable environmentally conscious alternative to the cabin class, six cylinder internal combustion engine aircraft that are typically utilized for aerial video and photography, while burning approximately 20-30 gallons per hour ofleaded aviation fuel. The DJI Phantom 3 UAS, while reducing the carbon footprint ofaerial acquisitions, also eliminates noise pollution, as the UAS are propelled by battery powered electric motors, ratherthan an internal combustion engine. By using the DJI Phantom 3 UAS to perform aerial acquisitions, the substantial risk to life and property inthe air and onthe ground, which is usually associated withtraditional manned aircraft flight operations, particularly when conducted at relatively lowheightsAGL will be substantially reduced or completely eliminated. Aside from the lack offlight crew members located onboard the aircraft, the DJI Phantom 3 UAS (weighing approximately 1280 gat their maximum gross weight with diagonal dimension of 590 mm, and with no fuel on board), has less physical potential for collateral damage to life and property onthe ground, and in the air, compared to the manned aircraft that typically conduct similar operations (weighing approximately 3,000 pounds with a wingspan ofapproximately 35 feet, a lengthof29feet, and a fuel capacity of90 gallons). 3. Performingaerialvideo and photographyoperations withthe DJIPhantom3 UAS will benefittheeconomy. In addition to being safe and efficient, the DJI Phantom 3 UAS are also an economical alternative to using manned aircraft to conduct similar aerial operations. As such, operation of

13the DJI Phantom 3 UAS will allow United States based companies, like Pixel Freez LLC, to remain competitive and contribute to growth ofthe U.S. economy. Specifically, with the rising cost of aviation fuel and the Environmental Protection Agency ("EPA") regulatory actions phasing out leaded aviation fuels, U.S. owned and operated companies must adopt new and alternative technology in order to remain competitive. Operating the battery powered DJI Phantom 3 UAS is one such technology that not only allows companies greater operational flexibility compared to manned aircraft, but provides such flexibility without the high operational cost ofatraditional manned aircraft. By operating the DJI Phantom 3 UAS, companies such as Pixel Freez LLC, can remain competitive and profitable, and therefore, provide greater job stability to employees and contractors, which will ultimately contribute to growth ofthe U.S. economy. Improved financial performance ofU.S. companies, through commercial use ofthe DJI Phantom 3 UAS, provides a stable workforce that increases consumer spending; improves local, state, and federal tax revenues; and allows companies to invest in research and development in order to remain competitive both inthe United States and abroad. 4.There areno privacyissues. Similar to the manned aerial acquisition flight operations that have been conducted for decades, Pixel Freez LLC's proposed operation ofthe DJI Phantom 3 UAS will not implicate any privacy issues. Specifically, the DJI Phantom 3 UAS will be operated only in compliance with operating documents (i.e., Pixel FreezLLC Aerial Operations Manual, Monthly Maintenance Log, and DJI Phantom 3 Instruction Manual) which requires property owner involvement as well as local law enforcement notification, and in accordance with the FederalAviation Regulations, including the minimum altitude requirements of 14 C.P.R. § 91.119. E. The reasons why granting the exemption would not adversely affect safety, or how the exemption would provide a level of safety at least equal to that provided by the rule from whichPixel FreezLLC seeks exemption. 1.Reasons why the DJIPhantom3 UAS meettheconditions oftheFAAModernizationand ReformActof2012 (FMRA) Section333. In consideration of the size, weight, speed, and limited operating area associated with the unmanned aircraft and its operation, Pixel Freez LLC's operation ofthe DJI Phantom 3 UAS meet the conditions ofFMRA Section 333, and will not require an airworthiness certificate in accordance with 14 C.P.R. Part 21, SubpartH. Section 3 3 3 provides authority for a UAS to operate without airworthiness certification and sets forth requirements for consideringwhether aUAS will create ahazardto users ofthe NAS or the public, or otherwise pose a threat to national security. Specifically, FMRA Section 333 states the following, inpart:

14(a) In General.--Notwithstanding any other requirement ofthis subtitle, andnot later than 180days after the date of enactment of thisAct, the Secretary ofTransportation shall determine 

### ifcertain unmanned aircraft systems may operate safely in the national airspace system before completion ofthe plan and rulemaking required by section 332 of thisActorthe guidance requiredby section 334 of thisAct. (b) Assessment ofUnmanned Aircraft Systems.--In making the determination under subsection (a), the Secretary shalldetermine, ata minimum-- (]) which types ofunmanned aircraft systems, 

### ifany, as a result oftheir size, weight, speed, operational capability, proximity to airports and populated areas, andoperation within visual line of sightdo not create a hazardto users ofthe national airspace system or the public or pose a threat to national security; and (2) whether a certificate of waiver, certificate of authorization, or airworthiness certification under section 44704 oftitle 49, United States Code, is requiredfor the operation ofunmanned aircraft systems identified underparagraph (1). (c) Requirementsfor Safe Operation.--!/the Secretary determines under this section that certain unmanned aircraft systems may operate safely in the national airspace system, the Secretary shall establish requirements for the safe operation ofsuch aircraftsystems in the nationalairspace system. In seeking this exemption, Pixel Freez LLC submits that the DJI Phantom 3 UAS can operate safely in the NAS pursuantto FMRA Section 333, as demonstrated by: (a) the characteristics of the DJI Phantom 3 UAS; (b) the pilot certification requirement; and (c) the specific operating limitations.



### a.The specifications oftheDJIPhantom 3 UAS 

### demonstrateits safecharacteristics. The DJI Phantom 3 UAS does notcreate a hazard to users oftheNAS orthe public, or otherwise pose a threatto national security considering its size, weight, speed, and operational capability. 

### i. Technical specifications oftheDJIPhantom3 UAS. The technical specifications ofthe DJI Phantom 3 UAS are set forth by the DJI Phantom 3 User Manual, attached hereto asAppendixA. 

### ii.TheDJIPhantom3 UAS Global Positioningmodes enabletheUAS to remain within a defined operationalarea. The DJI Phantom 3 UAS may be operated inbothmanual and global positioning flight modes. A complete description ofthe flight andnavigational modes ofthe DJI Phantom 3 UAS is provided at Pages 11-18 ofthe DJI Phantom 3 UserManual attachedhereto asAppendixA.

15iii.The DJIPhantom 3 UAS aredesignedforautomatic ReturntoHomePointor hoverintheeventofloss ofthecontrollink ornavigation. When the Control Link is lost, the DJI Phantom 3 UAS will remain stationary, in flight, for 3 seconds ormore. If, after 3 seconds, the DJI Phantom 3 UAS does notreacquire control link data from the GCS, the UAS will assume thatthe Control Link is lost and the will returnto the home position (i.e., failsafe mode) via GPS, and will descendto the takeoffposition and shutdown. A complete description ofthe Failsafe Functions ofthe DJI Phantom 3 UAS are set forth at Pages 14 ofthe DJI Phantom 3 UserManual, attachedhereto asAppendixA. iv. TheDJIPhantom 3 GCS andits operation. A complete description ofthe operation and specifications ofthe DJI Phantom 3 GCS and flight control software is provided at Pages 35-38 ofthe DJI Phantom 3User Manual. DJI Phantom 3 User Manual is attachedhereto asAppendixA. b.FlightoperationsofDJIPhantom 3 UAS is limitedto theline ofsightofa certificated pilotincommandwitha safetyobserver. Pixel Freez LLC video production staffwill be the only persons to act as a pilot in command (PIC) ofthe DJI Phantom 3 UAS. Additionally, a safety observer will assist them at all times during flight operations.

c.Flights ofDJIPhantom 3 UAS will beconductedpursuantto specific operating limitations. In seeking this exemption, Pixel FreezLLC proposesto commercially operate DJI Phantom 3 UAS for the special purpose ofconducting aerial video and photography overcertain areas of United States, pursuantto the following specific operating limitations. 1. Operations authorized by this grant ofexemption will be limited to the following aircraft described in the operating documents, rotorcraft UAS weighing less than 55 pounds maximum gross weight: DJI Phantom 3 UnmannedAircraft Systems. Proposed operations ofany other aircraft will require a new petition or a petition to amend this grant. 2. UAS operations under this exemption will be limited to conducting operations for the purpose ofaerial video and photography. 3. The UAS may notbe flown at anindicated airspeed exceeding 20 knots. 4. The UAmustbe operated at an altitude ofno more than 400 feet above ground level (AGL), as indicated by the procedures specified in the operating documents unless a special request is made and approvedby ATC. All altitudes reportedto ATC mustbe in feetAGL.

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### 5. The UAS must be operated within visual line of sight (VLOS) ofthe PIC at all times. This requires the PIC to be able to use human vision unaided by any device other than corrective lenses, as specified on the PIC's FAA-issued airman medical certificate. 6. The primary use offirst person view (FPV) by the PIC or safety observer (SO) is notpermitted. 7. All operations must utilize a safety observer (SO). The SO may be used to satisfy the VLOS requirement as long as the PIC always maintains VLOS capability. The SO and PIC must be able to communicate verbally at all times. Electronic messaging or texting is not permitted during flight operations. The PIC must be designated before the flight and cannot transfer his or her designation for the duration ofthe flight. The PIC must ensure that the SO can perform the functions prescribed in the operating documents. 8. The SO must notperform any other duties beyond assisting the PIC with seeing and avoiding other air traffic and other ground based obstacles/obstructions and is not permitted to operate the camera or other instruments. 9. The operating documents and the grant of exemption must be accessible during UAS operations and made available to the Administrator upon request. If a discrepancy exists between the conditions and limitations contained in the grant of exemption and the procedures outlined in the operating documents, the conditions and limitations contained in the grant ofexemption take precedence and must be followed. Otherwise, the operator must follow the procedures as outlined in its operating documents. The operator may update or revise its operating documents. It 

### is the operator's responsibility to track such revisions and present updated and revised documents to the Administrator upon request. The operator must also present updated and revised documents if it petitions for extension or amendment to the grant of exemption. If the operator determines that any update or revision would affect the basis upon which the FAA granted the exemption, then the operator must petition for amendment to its grant of exemption. The FAA's UAS Integration Office (AFS-80) may be contacted if questions arise regarding updates or revisions to the operating documents. 10. Prior to each flight the PIC must inspect the UAS to ensure that it is in a condition for safe flight. Ifthe inspection reveals a conditionthat affects the safe operation ofthe UAS, the aircraft is prohibited from operating until the necessary maintenance has beenperformed and the UAS is found to be in a condition for safe flight. The Ground Control Station must be included in the preflight inspection. All maintenance and alterations mustbe properly documentedinthe aircraft records.

1711. Any UAS that has undergone maintenance or alterations that affect the UAS operation orflight characteristics, e.g. replacement ofa flight critical component, must undergo a functional test flight. The PIC who conducts the functional test flight must make anentry inthe aircraftrecords. 12. The pre-flight inspection must account for all potential discrepancies, e.g. inoperable components, items, or equipment, not already covered in the relevant sections ofthe operating documents. 13. The operator must follow the UAS manufacturer's aircraft/component, maintenance, overhaul, replacement, inspection, and life limitrequirements. 14. The operator must carry out its maintenance, inspections, and record keeping requirements, in accordance with the operating documents. Maintenance, inspection, alterations, and status ofreplacement/overhaul component parts must be noted in the aircraft records, including total time in service, description ofwork accomplished, and the signature ofthe authorizedpersonreturning the UAS to service. 15. Each UAS operated under this exemption must comply with all manufacturer Safety Bulletins. 16. The authorized person must make an entry in the aircraft record ofthe corrective action takenagainst discrepancies discovered between inspections. 17. The PIC mustpossess at least a private pilot certificate and at least a current thirdclass medical certificate. 18. The operator may not permit any PIC to operate unless the PIC meets the operator's qualification criteria and demonstrates the ability to safely operate the UAS in a manner consistent with how the UAS will be operated under the exemption, including evasive and emergency maneuvers and maintaining appropriate distances from persons, vessels, vehicles and structures. PIC qualification flight hours must be logged in a manner consistent with 14 C.F.R. § 61.51(b). Flights for the purposes of training the operator's PICs are permitted under the terms ofthe exemption. However, training operations may only be conducted during dedicated training sessions. During training, proficiency, and experience-building flights, all persons not essential for flight operations are considered nonparticipants, and the PIC must operatethe UAwith appropriate distance from nonparticipants in accordance with 14 C.P.R.§ 91.119. 19. UAS operations may not be conducted during night, as defined in 14 C.P.R.§ 1.1. All operations must be conducted under visual meteorological conditions (VMC). If flight at night is required, a special request will be made at the FAA office closest to proposed area ofoperations. Flights under special visual flight rules (SVFR) are not authorized.

1820. The UA may not operate within 5 nautical miles ofan airport reference point as denoted on a current FAA-published aeronautical chart unless a letter of agreement with that airport's management is obtained, and the operation is conducted in accordance with a NOTAM as required by the operator's COA. The letter of agreement with the airport management must be made available to the Administrator uponrequest. 21. The UA may not be operated less than 500 feet below or less than 2,000 feet horizontally from a cloud orwhenvisibility is lessthan 3 statute miles from the PIC. 22. Ifthe UA loses communications or loses its GPS signal, it must return to a predetermined location within the planned operating area and land or be recovered in accordance withthe operating documents. 23. The PIC must abort the flight in the event ofunpredicted obstacles or emergencies in accordance withthe operating documents. 24. The PIC is prohibited from beginning a flight unless (considering wind and forecast weather conditions) there is enough power to fly at normal cruising speed to the intended landing point and landthe UAwith 25% battery powerremaining. 25. The operator must obtain an Air Traffic Organization (ATO) issued Certificate of Waiver orAuthorization (COA) prior to conducting any operations under the grant of exemption. This COA will also require the operator to request a Notice to Airman (NOTAM) not more than 72 hours in advance, but not less than 48 hours prior to the operation. All operations shall be conducted in accordance with airspace requirements in the ATO issued COA including class of airspace, altitude level and potential transponderrequirements. 26. All aircraft operated in accordance with the exemption must be identified by serial number, registered in accordance with 14 C.P.R. part 47, and have identification (NNumber) markings in accordance with 14 C.P.R. part45, Subpart C. Markings must be as large as practicable. 27. Before conducting operations, the radio frequency spectrumused for operation and control ofthe UAmust comply with the Federal Communications Commission (FCC) or other appropriate government oversight agency requirements. 28. The documents required fewer than 14 C.P.R. 91.9 and 91.203 must be available to the PIC at the Ground Control Station ofthe UAS any time the UAS is operating. These documents mustbe made available to the Administrator or any law enforcement official uponrequest.

1929. The UA must remain clear and yield the right of way to all manned aviation operations and activities at all times. 30. The UAS may notbe operatedby the PIC from any moving device orvehicle. 31. Flight operations must be conducted at least 500 feet from all nonparticipating persons (persons other than the PIC, SO, operator trainees or essential persons), vessels, vehicles, and structures unless:

a. Barriers or structures are present that sufficiently protect nonparticipating persons from the UA and/or debris in the event ofan accident. The operator must ensure that nonparticipating persons remain under such protection. If a situation arises where nonparticipating persons leave such protection and are within 500 feet ofthe UA, flight operations must cease immediately and/or; b. The aircraft is operated near vessels, vehicles or structures where the owner/ controller ofsuch vessels, vehicles or structures has granted permission and the PIC has made a safety assessment of the risk of operating closer to those objects and determinedthat itdoes notpresent an undue hazard, and;

c. Operations nearer to the PIC, SO, operator trainees or essential persons do notpresent anundue hazard to those persons per§ 91.119(a). 32. All operations shall be conducted over private or controlled-access property with permission from the land owner/controller or authorized representative. Permission from land owner/controller or authorizedrepresentative will be obtained for each flight to be conducted.

33. Any incident, accident, or flight operation that transgresses the lateral or vertical boundaries ofthe operational area as defined by the applicable COAmust be reported to the FAA's UAS Integration Office (AFS-80) within 24 hours. Accidents must be reported to the National Transportation Safety Board (NTSB) per instructions contained onthe NTSB Web site: www.ntsb.gov. 

### 2. Reasons why an exemption from the requirements ofSection 61.113(a) and (b) would not adversely affect safety. Pixel Freez LLC submits that the equivalent level ofsafety established by Section 61.113(a) and (b) will be maintained because no PIC will be allowed to operate the 

### DllPhantom 3 UAS unless that PIC has demonstrated, by meeting minimum flight-hour and currency requirements, that the PIC is able to safely operate the 

### Dll Phantom 3 UAS in a manner consistentwith the exemption, including evasive and emergency maneuvers and maintaining appropriate distances from people, vessels, vehicles and structures.

20Considering Pixel Freez LLC's proposed area of operations, and the operating limitations set forth-above; the parallel nature ofprivate pilot aeronautical knowledge requirements to those of commercial pilot requirements (See Exemption No. 11062); and the airmanship skills necessary to safely operate the DJI Phantom 3 UAS, Pixel Freez LLC submits that the additional manned airmanship experience ofa commercially certificatedpilotwould not correlate to the airmanship skills necessary for Pixel FreezLLC's specific proposedflight operations. The FAA has previously granted relief from Section 61.113(a) and (b) specific to UAS, in circumstances similar, in all material respects, to those presented herein (e.g. Exemption Nos. 11062, 11063, 11064, 11065, 11066, 11067, 11080, 11109, 11110, 11112, 11136, 11138, 11150, 11153, 11156, 11158, 11159, 11160, 11161). Pixel Freez LLC will not allow any PIC to operate the DJI Phantom 3 UAS unless that PIC has demonstrated, by meeting minimum flight-hour requirements orthe DJI Phantom 3 UAS training and currency requirements, that the PIC is able to safely operate the DJI Phantom 3 UAS in a manner consistent with this exemption, including evasive and emergency maneuvers and maintaining appropriate distances from people, vessels, vehicles and structures. Specifically, the PIC musthave accumulated and logged, in a manner consistent with 14 C.F.R. § 61.51(b), 25 hours oftotal time as a UAS rotorcraft pilot (with a minimum of5 hours ofthose hours as a UAS pilotoperating the same make and model ofUAS to be used for operations under the exemption). In addition to the hour requirements, the PIC must accomplish 3 takeoffs and landings inthe preceding 90 days (for currency purposes). As in Exemption Nos. 11062, 11138, and 11153, prior documented flight experience that was obtained in compliance with applicable regulations will ensure an equivalent level of safety during Pixel Freez LLC's proposed operations. The Administrator has held that prior documented flight experience that was obtained in compliance with applicable regulations would ensure safe operations, stating as follows: In Exemption No. 11062, the FAA required that prior to conducting operations for the purpose ofmotionpicture filming (or similar operations), the PIC musthave accumulated and logged, in a manner consistent with 14 CFR 61.51(b), 25 hours oftotal time as a UAS rotorcraft pilot including at least 10 hours logged as a UAS pilot with a multi-rotor UAS. Prior to operations under Exemption No. 11062, the PIC must also have accumulated and logged a minimum of5 hours as a UAS pilot operating the same make and model ofUAS to be used for operations under the exemption. For clarification, the FAA considers these minimum hourrequirements to be inclusive ratherthan additive; i.e. 5hours make and model time may be included inthe 10 hours ofmulti-rotortime and the 10 hours may be included inthe total25 hours ofUAS rotorcraft time. In addition to the hour requirements, the PIC must accomplish 3 takeoffs and landings inthe preceding 90 days (for currency purposes). The FAA finds that at a minimum, the flight-hour

21requirements in ExemptionNo. 11062 are appropriate to practice and build proficiency in the skills necessary to safely conduct the petitioner's proposed operations. The FAA also finds that prior documented flight experience that was obtained in compliance with applicable regulations would satisfy this requirement. Training, proficiency, and experience-building flights can also be conducted under the grant of exemption to accomplish the required flight time. During training, proficiency, and experience-building flights the PIC is required to operate the UA with appropriate distances in accordance with 14 C.F.R 91.119. ExemptionNo. 11138 atpage 15. Accordingly, Pixel Freez LLC will ensure safe operations by not allowing any PIC to operate the DJI Phantom 3 UAS unless that PIC has demonstrated, by meeting minimum flight-hour and currency requirements, thatthe PIC is able to safely operate the DJI Phantom 3 UAS in a manner consistent with the exemption, including evasive and emergency maneuvers and maintaining appropriate distances from people, vessels, vehicles and structures. 

### 3.Reasons why anexemptionfrom therequirements ofSection 91.7(a) would notadversely affect safety. The equivalent level ofsafety established by Section 91.7(a) will be maintained because prior to every flight, Pixel Freez LLC will ensure that the DJI Phantom 3 UAS is in an airworthy condition based upon the UAS's compliance with its operating documents and as stated in the conditions and limitations herein. Additionally, the FAA has previously granted relief from Section 91.7(a) specific to UAS, in circumstances similar, in all material respects, to those presented herein (e.g. Exemption Nos. 11062, 11063, 11064, 11065, 11066, 11067, 11080, 11109, 11110, 11112, 11136, 11138, 11150, 11153, 11156, 11157, 11158, 11159, 11160, 11161). 

### 4. Reasons why an exemption from the requirements ofSection 91.121 would not adversely affect safety. The equivalent level of safety established by Section 91.121 will be maintained because the altitude information ofthe DJI Phantom 3 UAS will be provided to the PIC via GPS equipment and a radio communications telemetry data link, which downlinks from the UA to the GCS for active monitoring ofthe flight path and altitude. This altitude information, combined with Pixel Freez LLC's operation ofthe DJI Phantom 3 UAS within visual line of sight, at or below 500 feet AGL, will ensure a level of safety equivalent to Section 91.121. The altitude information will be generated by GPS equipment installed onboard the aircraft. Prior to each flight, a zero altitude initiationpointis automatically establishedby the UAS at ground level. The FAA has previously granted relieffrom Section 91.121 specific to UAS, in circumstances similar, in all material respects, to those presented herein (e.g. Exemption Nos. 11062, 11063,



### 2211064, 11065, 11066, 11067, 11080, 11109, 11112, 11136, 11138, 11150, 11153, 11156, 11157, 11158, 11159, 11160, 11161).

5. Reasons why an exemption from the requirements of Section 91.151(b) would not adversely affect safety. A grant ofthis exemption would ensure an equivalent level of safety established by 14 C.P.R. Section 91.151(b) as a result of(1) the technical specifications ofthe DJI Phantom 3 UAS; (2) the limitations on the proposed flight operations; and (3) the location of the proposed flight operations. Accordingly, Pixel Freez LLC will ensure that it will safely operate the battery powered DJI Phantom 3 UAS during daylight hours in VFR conditions, with enough battery powerto fly for atotal duration of 18 minutes. Here, as in Exemption No. 11109, the technical specifications ofthe DJI Phantom 3 UAS; the limitations on the proposed flight operations; and the location ofthe proposed operations, will ensure an equivalent level of safety established by 14 C.P.R. Section 91.151(b). Furthermore, safety will be ensured as the DJI Phantom 3UAS provide audible and visual warnings to the PIC at the GCS when the UAS experiences low battery voltage, the first warning occurring at approximately 50% remaining battery power, and again at approximately 75% remaining battery power. At the critically low battery level, the DJI Phantom 3 UAS will descend and land automatically. Significantly, previous exemptions granted by the FAA concerning Section 91.151 establish that safety is not adversely affected whenthe technical characteristics and operating limitations ofthe UAS are considered. Relief has been granted for manned aircraft to operate at less than the minimums prescribed in Section 91.151, including Exemption Nos. 2689, 5745, and 10650. Moreover, the FAA has previously granted relief from Section 91.151 specific to UAS, in circumstances similar, in all material respects, to those presented herein (e.g. Exemption Nos. 8811, 10808, 10673, 11042, 11062, 11063, 11064, 11065, 11066, 11067, 11080, 11109, 11110, 11136, 11138, 11150, 11153, 11156,11157,11158, 11159, 11160, 11161). 6. Reasons why anexemptionfrom therequirementsofSections 91.405(a),91.407(a)(l),91.409(a)(l) & (a)(2),And91.417(a) & (b) wouldnotadversely affect safety. In seeking this exemption, Pixel Freez LLC submits that the equivalent level of safety with regard to the regulatory maintenance and alteration requirements established by Sections 91.405(a), 91.407(a)(l), 91.409(a)(1) & (a)(2), and 91.417(a) & (b) will be met because Pixel Freez LLC will use trained technicians to perform maintenance, alterations, or preventive maintenance on the UAS using the methods, techniques, and practices prescribed in the operating documents (i.e., the Pixel FreezLLCAerial Operations Manual, Monthly Maintenance

23Log, and DJI Phantom 3 Instruction Manual). Furthermore, Pixel Freez LLC will document and maintain all maintenance records for the DllPhantom 3 UAS. Since the Dll Phantom 3 UAS will be inspected as prescribed by the operating documents, Pixel Freez LLC will maintain the equivalent level of safety established by Sections 91.405(a), 91.409(a)(1), and 91.409(a)(2). A copy ofthe Dll Phantom 3 User Manuals are attached hereto
as AppendixA and B; a copy ofthe Dll Phantom 3 UAS Maintenance Log is attached hereto as Appendix C. Likewise, the exemption sought will not adversely affect safety because Pixel Freez LLC will
use trained technicians to perform maintenance, alterations or preventive maintenance on the UAS using the methods, techniques, andpracticesprescribedbythe operating documents. Furthermore, the exemption sought would maintain an equivalent level ofsafety established by Sections 91.407, 91.417(a) and 91.417(b), because all maintenance ofthe DJI Phantom 3 UAS will be performed by trained technicians. Maintenance will be documented and maintained utilizing the monthly maintenance log. Significantly, previous exemptions granted by the FAAconcerning Sections 91.405(a), 91.407(a) (1), 91.409(a)(l) & (a)(2), and 91.417(a) & (b) establish that safety is not adversely affected whenthe technical characteristics and operating limitations ofthe UAS are considered. In consideration ofPixel Freez LLC's proposed operating limitations, the operating documents, and the technical aspects ofthe DJI Phantom 3 UAS, Pixel Freez LLC submits that safety will notbe adversely affected by granting exemption from 14 C.P.R. Sections 91.405(a), 91.407(a)(l) and (a)(2), 91.409(a)(2), and 91.417(a) and (b). The FAAhas previously grantedreliefspecific to UAS in circumstances similar, in all material respects, to those presentedherein (e.g. Exemption Nos. 11062, 11063, 11064, 11065, 11066, 11067, 11080, 11109, 11110, 11112, 11136, 11138, 11150, 11153, 11156, 11157, 11158, 11159, 11160, 11161). 7. TheFAAmay prescribeanyotherconditions for safe operation. In accordance with Section 333 ofthe FAAModernization and ReformAct of2012 (FMRA) and 14 C.P.R. § 21.16 entitled Special Conditions, requests thatthe FAAprescribe special conditions for the intended operation ofthe DJI Phantom 3 UAS, which contain such safety standards that the Administrator finds necessary to establish a level of safety equivalent to that established by 14 C.P.R. Part 21, Subpart H, and 14 C.F.R §§ 61.113(a) & (b), 91.7 (a), 91.121, 91.151(b), 91.405(a), 91.407(a)(1), 91.409(a)(l) & (a)(2), and 91.417(a) & (b). Such special conditions will permit safe operation of the UAS for the limited purpose of conducting aerial video and photography over certain areas ofthe United States for compensation orhire. FMRASection 333 sets forth the requirements for considering whether a UAS will create a hazard to users ofthe NAS or the public, or otherwise pose a threat to national security; and further, provides the



### 24authority for such UAS to operate without airworthiness certification in accordance with any requirements thatmustbe establishedfor the safe operation ofthe UAS intheNAS. Likewise, theAdministratormay prescribe special conditions pursuantto 14 C.P.R. § 21.16, for operation ofthe DJI Phantom 3 UAS, since the airworthiness regulations of 14 C.P.R. Part 21 do not contain adequate or appropriate safety standards, due to the novel or unusual design features ofthe aircraft. Section 21.16, entitled Special Conditions, states the following: If the FAA finds that the airworthiness regulations of this subchapter do not contain adequate or appropriate safety standards for an aircraft, aircraft engine, or propeller because ofa novel or unusual design feature ofthe aircraft, aircraft engine or propeller, he prescribes special conditions and amendments thereto for the product. The special conditions are issued in accordance with Part 11 ofthis chapter and contain such safety standards for the aircraft, aircraft engine or propeller as the FAA finds necessary to establish a level ofsafety equivalentto that established inthe regulations. See 14 C.P.R.§ 21.16. Therefore, in accordance withFMRA Section 3 3 3 and 14 C.P.R. §21.16, the FAAmay prescribe special conditions for Pixel Freez LLC's intended operation ofthe DJI Phantom 3 UAS, which contain such safety standards that the Administrator finds necessary to establish a level ofsafety equivalent to that established by 14 C.P.R. Part 21, Subpart H, and 14 C.F.R Sections 61.113(a) & (b), 91.7(a), 91.121, 91.151(b), 91.405(a), 91.407(a)(1), 91.409(a)(1) & (a)(2), and 91.417(a) & (b). 

### A summary that can be published in the Federal Register, stating: The rules from which Pixel FreezLLC seeks exemption: The Pixel Freez LLC seeks exemption from the requirements of 14 C.F.R Sections 61.113(a)&(b), 91.7(a), 91.121, 91.151(b), 91.405(a), 91.407(a)(1), 91.409(a)(l) & (a) (2), and91.417(a) & (b). 

### ABriefDescriptionofthe natureoftheexemptionPixel FreezLLC seeks: This exemption willpermit The Pixel Freez LLC to commercially operate an Unmanned Aircraft System (VAS)for thepurpose ofconducting aerial video andphotography over certain areas of the United States. 

### Any additional information, views, or arguments available to support Pixel Freez LLC's request. This Petition is made pursuant to the FAA Modernization and Reform Act of 2012 (FMRA) Section 333, which directs the Secretary of Transportation to determine if certain UAS may

25operate safely in the NAS. As such, Pixel Freez LLC's request for exemption may be granted pursuantto the authority ofFMRASection 333 and 14 C.P.R. Part 11, as set forth above. FMRA Section 333 sets forth the requirements for considering whether a UAS will create a hazard to users ofthe NAS or the public, or otherwise pose a threat to national security; and further, provides the authority for such UAS to operate without airworthiness certification. As discussed in detail above, Pixel Freez LLC will operate the DJI Phantom 3 UAS safely in the NAS, without creating a hazard to users ofthe NAS, or the public, or otherwise pose a threat to national security.



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### CONCLUSION As set forth herein, Pixel Freez LLC seeks an exemption pursuant to 14 C.P.R. § 11.61 and Section 333 ofthe FAAModernization and ReformAct of2012 (FMRA), which will permit safe operation ofthe DJI Phantom 3 UAS commercially, without an airworthiness certificate, for the limited purpose of conducting aerial video and photography over certain areas of the United States. By granting this Petition, the FAA Administrator will be fulfilling the Congressional mandate ofthe FAA Modernization and Reform Act of2012, while also advancing the interests ofthe public, by allowing Pixel Freez LLC to safely, efficiently, and economically operate the DJI Phantom 3 UAS commercially withintheNAS. WHEREFORE, in accordance with the Federal Aviation Regulations and the FAA Modernization and ReformAct of2012, Section 333, Pixel Freez LLC respectfully requests that the Administrator grant this Petition for an exemption from the requirements of 14 C.F.R Sections 61.113(a) & (b), 91.7(a), 91.121, 91.151(b), 91.405(a), 91.407(a)(1), 91.409(a)(l) & (a) (2), and 91.417(a) & (b), and permit Pixel Freez LLC to operate the DJI Phantom 3 UAS commercially for the purpose ofconducting aerial video and photography over certain areas of the United States. Dated: October22, 2015

Owner Pixel Freez LLC 142knightsbridge rd. Bluffton,Sc. 29910 Tel# 843-384-1993 Email: aaron@pixelfreez.com

27Auuendices:

A- Linkto DJI Phantom 3 Manual: Click on link below http :I I down 1 o ad. d j i- innovations. corn I down 1 o ads I ph anto rn 3 I en I Phantom 3 Advanced User Manual v1.6 en.pdf

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