Private and Confidential

Scott Ashe 

Phyxius Aviation LLC

115 Kennington Dr.

Goose Creek, SC - Section 333 Exemption Petition

February 11, 2016

U. S. Department of Transportation Docket Management System

1200 New Jersey Ave,

SE Washington, DC 20590 

Re: Exemption Request Section 333 of the FAA Reform Act of the Federal Aviation Regulations 

from 14 C.F.R. 45.23(b); 14 C.F.R. Part 21; 14 C.F.R. 61.113(a)&(b); 91.7(a); 91.9(b) (2); 

91.103(b); 91.109; 119.121; 91.151(a); 91.203(a)&(b); 91.405(a); 91.407(a) (1); 91.409(a) (2); 

91.417(a)&(b) 

Dear Sir or Madam, I, Scott Ashe (Phyxius Aviation LLC), am writing pursuant to the FAA 

Modernization and Reform Act of 2012 and the procedures contained within 14 C.F.R. 11, to 

request that Phyxius Aviation LLC, an owner and operator of small unmanned aircraft, be 

exempted from the Federal Aviation Regulations (“FARs”) listed below so that Phyxius Aviation 

LLC may operate our small ultra-lightweight unmanned aircraft system (“UAS”) in commercially 

regulated airspace by the Federal Aviation Administration (“FAA”). 

Following exemption and approval by the FAA, Phyxius Aviation LLC will primarily use our

professionally built DJI Phantom 3 Professional UAS equipped with cameras for the following 

applications: Closed-Set Film Operations on Film and Television Productions, as well as aerial 

videography/cinematography to safely enhance films and commercials; augmentation of real 

estate listing videos; and the creation of visual and topography layout videos for Search and 

Rescue (SAR) missions for state and local agencies, education, agricultural inspections and 

building and construction zone inspections.

Phyxius Aviation LLC’s exemption request would permit the operation of ultra-lightweight, 

unmanned (i.e. piloted by remote control) UAS’s for the development of community and 

government use videos, permissible within property boundaries for individual homeowners and 

within in tightly controlled, limited airspaces predetermined in areas away from the general 

public, airports, heliports and vehicular traffic. Currently, similar lightweight, remote controlled 

UAS's are legally operated by unmonitored amateur hobbyists with no safety plan or controls in 

place to prevent catastrophe. Furthermore, it is our intent to assist future FAA safety protocols 

and regulations exclusive to lightweight UAS's for specific video and photography usage by 

sharing information with the FAA as Phyxius Aviation LLC records flight data and other pertinent 

information gained through permitted flight operations. 
2

2

In addition, granting Phyxius Aviation LLC’s exemption request will comply with the Secretary of 

Transportation’s (FAA Administrator’s) instructions to not only integrate UAS's into the national 

airspace system, but to “...establish requirements for the safe operation of such aircraft systems 

[UAS's] in the national airspace system” under Section 333(c) of the Reform Act specific to the 

use of UAS's for real estate/Realtor purposes, educational videos, Search and Rescue, 

land/trusts inspections, agricultural field monitoring, film/video productions, closed-set motion 

picture film operations and television, and structure inspections, to aid state and local agencies.

Further, Phyxius Aviation LLC will conduct operations in compliance with the protocols 

described herein or as otherwise established by the FAA. For the reasons stated below,

Phyxius Aviation LLC respectfully requests the grant of an exemption allowing us to operate 

ultra lightweight, remote controlled UAS’s to aid academic community awareness, to 

benefit/stimulate attraction to the metro Goose Creek and to enhance personal and public video 

feeds. A grant that will ultimately allow UAS’s to play a more positive role in our local 

community by increasing employment opportunities, heightening security measures and 

decreasing government expenditures by reducing the need for heavier manned aircraft, 

containing costly, combustible fuel- a potential public hazard in and of itself. 
3

3

I. Contact Information:

Scott Ashe

Phyxius Aviation LLC

115 Kennington Dr.

Phone: 843-830-0074

Email: scottashe2@gmail.com

II. The Specific Sections of Title 14 of the Code of Federal Regulations from Which 

Phyxius Aviation LLC Requests Exemption are: 

14 CFR 21; 14 C.F.R. 45.23(b); 

14 CFR 61.113 (a) & (b); 

14 C.F.R. 91, et seq.; 

14 CFR 407 (a) (1); 

14 CFR 409 (a) (2); and, 

14 CFR 417 (a) & (b). 

III. The Extent of relief Phyxius Aviation LLC Seeks and the Reason They Seek Such Relief: 

Phyxius Aviation LLC submits this application in accordance with the Reform Act, 112 P.L. 95 

§§ 331-334, seeking relief from any currently applicable FARs operating to prevent Phyxius 

Aviation LLC contemplated commercial cinematic, academic and other flight operations within 

the national airspace system. The Reform Act in Section 332 provides for such integration of 

civil unmanned aircraft systems into our national airspace system as it is in the public’s interest 

to do so. Phyxius Aviation LLC’s ultra-lightweight UAS meets the definition of “small unmanned 

aircraft” as defined in Section 331 and therefore the integration of our ultra-lightweight UAS is 

expressly contemplated by the Reform Act. We would like to operate our ultra-lightweight UAS 

prior to the time period by which the Reform Act requires the FAA to promulgate rules governing 

such craft. Thereby, providing direct experience and valuable information for formal regulation 

that can be administered uniformly to all related UAS aerial video and photography. The 

Reform Act guides the Secretary in determining the types of UAS's that may operate safely in 

our national airspace system. Considerations include: The weight, size, speed and overall 

capabilities of the UAS's; whether the UAS will be operated near airports or heavily populated 

areas; and, Whether the UAS will be operated by line of sight. 112 P.L. 95 § 333 (a). 

Each of these items reflect in favor of an exemption for Phyxius Aviation LLC. Our UAS’s utilize 

eight (8) or less rotating propellers for balance, control and stability. Our UAS’s are equipped 

with the following via video and data telemetry:

1) Altimeter 

2) Attitude indicator 

3) Ground Speed indicator 

4) Magnetic compass 

5) Heading indicator 

6) Vertical speed indicator 

7) Course deviation indicator 
4

4

8) Radio magnetic indicator 

9) GPS location 

10) Battery consumption and Battery Left with approximate time. 

11) Loiter and circle mode. 

12) Auto safety or RTL (Return To Launch) 

13) Auto landing technology. 

Each UAS weighs less than seven (7) pounds (far below the maximum 55 pound limit) including 

camera(s) with or without gimbal (a camera stabilizer). Phyxius Aviation LLC considers safety 

as foremost with each flight. Our small unmanned aircraft is designed to hover in place, circle in 

a specific place or loiter via GPS and can be operated in winds up to 30.4 knots (35mph) wind. 

For safety, stability, and fear of financial loss we will not fly in winds exceeding 21.7 knots (25 

mph). Built in safety systems include a GPS mode that allows our UAS to hover/circle in place 

or land when radio controls are released. 

With three (3) modes to choose from, we will fly with the modes safest to complete the videos 

for aerial videography/photography and have the ability to choose the safest, most reliable and 

stable mode to prevent accident and hazard. When pilot communication from the radio control 

is lost, UAS is designed to slowly descend to the point of takeoff and/or to land at the point of 

launch after ascending to a pre-set altitude to ensure the UAS will clear any obstacles that may 

be between the takeoff point and the current position of the UAS. This failsafe altitude will not 

be set more than 200ft and is determined before each flight. 

Phyxius Aviation LLC will not operate our UAS near airports, hospitals, nor police heliports, and 

will not operate near areas where general public is within fifty to one hundred (50-100) yards 

depending on location, conditions, and weather. We are constantly on alert for any manned 

aircraft (police/medical helicopters, etc.) and prepared to land/abort immediately to the nearest 

and safest ground point should a manned aircraft approach our location or we suspect manned 

aircraft may approach near our location. Our UAS’s are capable of vertical and horizontal 

operations, and are flown only within our line of sight, as the remote control pilot. Our UAS's 

are also flown with a second operator who aids in watching for any obstacles, including manned 

aircraft, within the flight zone of the UAS. Utilizing battery power rather than combustible fuels, 

flights generally last between ten (10) to twenty five (25) minutes, with an altitude under one 

hundred fifty (150) feet. Smart Mode’s includes, position hold, self-leveling, altitude command, 

GPS, return home feature, and safety control to return home or land in the event of 

communication interruption between RC transmitter and UAS.

Phyxius Aviation LLC utilizes a fresh fully charged battery with each flight as a safety 

precaution; full flight time limit for each battery is eight (8) to thirty (30) minutes as tested. We

do not operate our UAS at or below manufacturer recommend minimum charge levels for 

operation; preferring to remain well within a safe operating range to insure adequate 

communication between radio control and UAS to eliminate potential for crash, loss of control or 

hazard. Reserve batteries are at hand with each exercise to insure replacement for sufficient 

safe level of operation. We do not believe in taking risks that may cause a crash that could 
5

5

create hazard to the public/property/manned aircraft, and have no desire to lose an investment. 

We have clocked numerous practice flights in remote areas as a hobbyist simulating flights for 

future commercial use to gain familiarization with the characteristics of this specific UAS's 

performance under different temperature and weather conditions. We also practice 

computerized simulated flights to maintain adequate skills and response reflex time. All this for 

the sake of safety. 

Phyxius Aviation LLC is extremely cautious when operating our UAS/ultra-lightweight unmanned 

aircraft and will not “create a hazard to users of the national airspace system or the public.” 112 

P.L. 95 § 333 (b). Given the small size and weight of our UAS, it falls well within Congress’s 

contemplated safety zone when it promulgated the Reform Act and the corresponding directive 

to integrate UAS's into the national airspace system. Phyxius Aviation LLC’s UAS, used in 

hobby flight, has a demonstrable safety record and does not pose any threat to the general 

public or national security. 

IV. How Phyxius Aviation LLC’s Request Will Benefit the Public as A Whole: Aerial videography 

for geographical awareness, education, search and rescue, land management, structure 

inspections and for real estate marketing has been around for a long time through manned fixed 

wing aircraft and helicopters. For small budget companies, average homeowners, and property 

owners the expense of such aerial videography is cost prohibitive. Only large companies and 

high-end Realtors or luxury homeowners can afford to absorb such expense; depriving nonluxury owners and lower budget companies from a valuable marketing tool. Manned aircraft 

pose a threat to the public through potential catastrophic crash that the Goose Creek community 

has experienced in the past with military aircraft, medical helicopters, and news helicopters 

crashes near the city of Goose Creek. Each of these resulted in loss of life and the combustible 

fuel exploded and burned on impact. Police helicopters have made emergency hard landings 

near city limits. Phyxius Aviation LLC's UAS poses no such threat since size and lack of 

combustible fuel alleviates any potential threat to the public. Congress has already proclaimed 

that it is in the public’s interest to integrate commercially flown UAS's into the national airspace 

system, hence the passing of the Reform Act. Granting Phyxius Aviation LLC’s exemption 

request furthers the public interest through academic/visual awareness of the geographical 

benefits in and around the metro Goose Creek area. Our ultra-light weight UAS is battery 

powered and creates no emissions that can harm the environment. The consequence of our 

ultra-lightweight UAS crashing is far less than a full size helicopter or fixed wing aircraft; which 

are heavy, contain combustible fuel and can cause catastrophic devastation to the public. The 

public’s interest is furthered by minimizing ecological and crash threat by permitting aerial 

video/photo capture through our battery operated ultra-lightweight UAS's. 

Permitting Phyxius Aviation LLC to immediately fly within national air space furthers economic 

growth. Granting our exemption request substantially furthers the economic impact for the 

metro Goose Creek and surrounding community for companies looking to relocate or build 

around the Goose Creek metro area as well as individuals looking to relocate for career 

advancement through academic and geographical awareness. Both of which serve as a 

stimulus to the community. 
6

6

V. Reasons Why Phyxius Aviation LLC’s Exemption Will Not Adversely Affect Safety or How the 

Exemption Will Provide a Level of Safety At Least Equal To Existing Rule: Phyxius Aviation 

LLC’s exemption will not adversely affect safety. Quite the contrary, for the reasons stated 

permitting Phyxius Aviation LLC to log more flight time in FAA controlled airspace, with 

communication with the FAA, will allow us to contribute to the innovation and implementation of 

new and novel, as of yet undiscovered safety protocols for Realtors, land, and structured 

owners. In addition, Phyxius Aviation LLC submits the following representations of 

enhancements to current aerial videography and photography: Our UAS’s weigh less than

seven (7) pounds complete with an integrated ultra-lightweight camera; we only operate our

UAS below 200 feet (well within the 400 foot permissible ceiling set by the FAA Modernization 

and Reform Act of 2012); our UAS only operate for 3-30 minutes per flight; we land our UAS 

prior to manufacturer recommended minimum level of battery power; we pilot our UAS through 

remote control only by line of sight; and have live video feed for a secondary pilot to monitor 

video recording; we receive a live telemetry feed from our UAS during all flights which include 

remaining battery voltage, distance, altitude, and any anomalies that may occur during flight;

Our UAS’s Command and Control utilizes spread spectrum 2.4 GHz-2.485 GHz frequencies 

in accordance with CFR 47, Part 15 for model aircraft use.

Our UAS’s camera system utilizes 5.725 GHz-5.875 GHz frequencies in accordance with CFR 

47, Part 15.

Our UAS’s have a GPS controlled flight controller- a flight safety feature whereby it hovers or 

circles and then lands at the GPS takeoff point if communication with the remote control pilot 

is lost; we actively record and analyze flight data through the DJI Phantom 3 Professional flight 

controller app to constantly update and enhance safety protocols; we only operate in reasonably 

safe environment that are strictly controlled, are away from power lines, elevated lights, airports

and actively populated areas; we conduct extensive preflight inspections and protocol, during 

which safety carries primary importance; we always obtain all necessary permissions prior to 

operation; and, we have procedures in place to abort flights in the event of safety breaches or 

potential danger. Phyxius Aviation LLC’s safety protocols provide a level of safety equal to or 

exceeding existing rules. It is important to note that absent the integration of commercial UAS 

into our national airspace system, helicopters are the primary means of aerial video and 

photography for community awareness real estate, structured inspections, land management 

and search and rescue. While the safety record of such helicopters is remarkably astounding, 

there has been local incidents involving loss of life as well as extensive property damage; it is 

far safer to operate a battery powered ultra-lightweight UAS. First, the potential loss of life is 

diminished because UAS's carry no people on board and we only operate our UAS in specific 

areas away from mass populations. Second, there is no fuel on board a UAS and thus the 

potential for fire or explosions is greatly diminished. Third, the small size and extreme 

maneuverability of our UAS allow us to remotely pilot away from and avoid hazards quickly and 

safely. Lastly, given its small size and weight, even when close enough to capture amazing 

images, our UAS need not be so close to the objects they are focused on through the 

technology and use of post editing software allowing pan and zoom. Accordingly, our UAS has 
7

7

been experimentally operated for familiarization/competency and will continue to operate at and 

above current safety levels. 

VI. A Summary the FAA May Publish in the Federal Register: 

14 C.F.R. 21 and 14 C.F.R. 91: Airworthiness Certificates, Manuals and the Like. 14 C.F.R. 21, 

Subpart H, entitled Airworthiness Certificates, sets forth requirements for procurement of 

necessary airworthiness certificates in relation to FAR §91.203(a)(1). The size, weight and 

enclosed operational area of Phyxius Aviation LLC’s UAS permits exemption from Part 21 

because our UAS meets (and exceeds) an equivalent level of safety pursuant to Section 333 of 

the Reform Act. The FAA is authorized to exempt aircraft from the airworthiness certificate 

requirement under both the Act (49 U.S.C. § 44701 (f)) and Section 333 of the Reform Act. 

Both pieces of legislation permit the FAA to exempt UAS's from the airworthiness certificate 

requirement in consideration of the weight, size, speed, maneuverability and proximity to areas 

such as airports and dense populations. Phyxius Aviation LLC’s current and projected UAS's 

meet or exceed each of the elements.

14 C.F.R. 91.7(a) prohibits the operation of an aircraft without an airworthiness certificate. As 

no such certificate will be applicable in the form contemplated by the FARs, this Regulation is 

inapplicable. 

14 C.F.R. § 91.9 (b) (2) requires an aircraft flight manual in the aircraft. As there are no on 

board pilots or passengers, and given the size of the UAS's, this Regulation is inapplicable. An 

equivalent level of safety will be achieved by maintaining a safety/flight manual delineating 

areas of where safety can be defined. 

The FAA has previously issued exemptions to this regulation in Exemption Nos. 8607, 8737, 

8738, 9299, 9299A, 9565, 9565B, 10167, 10167A, 10602, 10700 and 32827. 

14 C.F.R. § 91.121 regarding altimeter settings is inapplicable insofar as our UAS utilizes 

electronic global positioning systems with a barometric sensor or controlled GPS “geofencing”.

14 C.F.R. § 91.203 (a) and (b) provides for the carrying of civil aircraft certifications and 

registrations. They are inapplicable for the same reasons described above. The equivalent 

level of safety will be achieved by maintaining any such required certifications and registrations 

by Phyxius Aviation LLC. 

B. 14 C.F.R. § 45.23: Marking of the Aircraft. Applicable Codes of Federal Regulation require 

aircraft to be marked according to certain specifications. Our UAS can be marked with the 

appropriate “N” number once this “N” number has been given.

C. 14 C.F.R. § 61.113: Private Pilot Privileges and Limitations: PIC. Pursuant to 14 C.F.R. §§ 

61.113 (a) & (b), private pilots are limited to non-commercial operations. The sUAS Pilot in 

Command must possess at least a sport pilot certificate and a driver's license. The PIC must 

also meet the flight review requirements specified in 14 CFR § 61.56 in which the PIC is rated 
8

8

on his/her pilot certificate as outlined in 14 C.F.R. § 61. Phyxius Aviation LLC will only operate 

its UAS using an FAA licensed pilot. 

D. 14 C.F.R. 91.119: Minimum Safe Altitudes. 14 C.F.R. § 91.119 prescribes safe altitudes for 

the operation of civil aircraft. It allows helicopters to be operated at lower altitudes in certain 

conditions. Our UAS will never operate at an altitude greater than 300 feet AGL; safely below 

the standard of 400 feet AGL. Phyxius Aviation LLC will however operate our UAS in safe 

areas away from public and traffic, providing a level of safety at least equivalent to or below 

those in relation to minimum safe altitudes. Given the size, weight, maneuverability and speed 

of our UAS, an equivalent or higher level of safety will be achieved.

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

Manual

The above-cited Regulations require, amongst other things, aircraft owners and operators to 

“have [the] 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. . . .” These Regulations only apply to aircraft with an 

airworthiness certificate. They will not, therefore, apply to Phyxius Aviation LLC's, UAS. 

However, as a safety precaution we inspect our UAS before and after each flight. 

A Summary The FAA May Publish in the Federal Register: A. 14 C.F.R. 21 and 14 C.F.R. 91: 

Airworthiness Certificates, Manuals and The Like. 14 C.F.R. 21, Subpart H, entitled 

Airworthiness Certificates, sets forth requirements for procurement of necessary airworthiness 

certificates in relation to FAR § 91.203(a)(1). The size, weight and enclosed operational area of 

our UAS permits exemption from Part 21 because Phyxius Aviation LLC’s UAS meets an 

equivalent level of safety pursuant to Section 333 of the Reform Act. The FAA is authorized to 

exempt aircraft from the airworthiness certificate requirement under both the Act (49 U.S.C. § 

44701 (f)) and Section 333 of the Reform Act. Both pieces of legislation permit the FAA to 

exempt UAS's from the airworthiness certificate requirement in consideration of the weight, size, 

speed, maneuverability and proximity to areas such as airports and dense populations. Our

UAS meets or exceeds each of the elements. 14 C.F.R. 91.7(a) prohibits the operation of an 

aircraft without an airworthiness certificate. As no such certificate will be applicable in the form 

contemplated by the FARs, this Regulation is inapplicable. 14 C.F.R. § 91.9 (b) (2) requires an 

aircraft flight manual in the aircraft. As there are no pilots or passengers, and given the size of 

the UAS's, this Regulation is inapplicable. An equivalent level of safety will be achieved by 

maintaining a manual. The FAA has previously issued exemptions to this regulation in 

Exemption Nos. 8607, 8737, 8738, 9299, 9299A, 9565, 9565B, 10167, maintenance program 

that involves regular software updates and curative measures for any damaged hardware. 

Therefore, an equivalent level of safety will be achieved. In summary, Phyxius Aviation LLC

seeks an exemption from the following Regulations:14 C.F.R. 21, subpart H; 14 C.F.R. 45.23(b); 

14 C.F.R. §§ 61.113 (a) & (b); 14 C.F.R. §91.7 (a); 14 C.F.R. § 91.9 (b)(2); 14 C.F.R. § 

91.103(b); 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. §§ 91.203(a) and (b); 14 C.F.R. § 91.405 (a); 14 C.F.R. § 91.407 (a)(1); 14 C.F.R. § 
9

9

91.409 (a) (2); 14 C.F.R. § 91.409 (a ) (2); and, 14 C.F.R. §§ 91.417 (a) & (b) to commercially 

operate Phyxius Aviation LLC's small unmanned vehicle/lightweight unmanned aircraft vehicle 

in community awareness, education, structural inspection land management, search and rescue 

and real estate operations, and to develop economic platforms for the aforementioned to 

enhance the experience of those seeking to relocate, rebuild, reevaluate and to find in the metro 

Goose Creek area. 

F. Additional FAA Required Operating Conditions and Limitations

When not covered elsewhere in this Operations Manual, the following conditions and 

limitations apply:

1. The UA must weigh less than 55 pounds (25kg), including energy source(s) 

and equipment

2. The UA may not be flown at a speed exceeding a ground speed of 85 knots.

3. Flights must be operated at an altitude of no more than 500 feet above ground level 

(AGL), as indicated by the procedures specified in the operator's manual. All 

altitudes reported to ATC must be in feet AGL.

4. The UAS must be operated within visual line of sight (VLOS) of the 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 state driver’s license.

5. All operations must utilize a visual observer (VO). The VO may be used to satisfy 

the VLOS requirement, as long as the PIC always maintains VLOS capability. The 

VO and PIC must be able to communicate verbally at all times.

6. If a discrepancy exists between these limitations and any procedure outlined elsewhere 

in this operations manual, the conditions and limitations herein take precedence and 

must be followed.

7. Prior to each flight, the PIC must inspect the UAS to ensure it is in a condition for safe 

flight. If the inspection reveals a condition that affects the safe operation of the UAS, 

the aircraft is prohibited from operating until the necessary maintenance has been 

performed and the UAS is found to be in a condition for safe flight. The Ground 
10

10

Control Station, if utilized, must be included in the preflight inspection. All 

maintenance and alterations must be properly documented in the aircraft records.

8. Any UAS that has undergone maintenance or alterations that affect the UAS operation 

or flight characteristics, e.g. replacement of a flight critical component, must undergo a 

functional test flight in accordance with the operator's manual. The PIC who conducts 

the functional test flight must make an entry in the UAS aircraft records of the flight.

9. The operator must follow the manufacturer's UAS aircraft/component, maintenance, 

overhaul, replacement, inspection, and life limit requirements. When unavailable, aircraft 

maintenance/component/overhaul, replacement, and inspection/maintenance

requirements must be established and identified in the operator's manual. At a minimum, 

the following must be included in the operator's manual:

a. Actuators / Servos

b. Transmission (single rotor)

c. Powerplant (motors)

d. Propellers

e. Electronic speed controller 

f. Batteries

g. Mechanical dynamic components (single rotor)

h. Remote command and control

i. Ground control station (if used)

j. Any other components as determined by the operator

10. The Pilot in Command (PIC) must possess at least a sport pilot certificate and at least a 

current state driver’s license. The PIC must also meet the flight review requirements 

specified in 14 CFR § 61.56 in an aircraft in which the PIC is rated on his/her pilot 

certificate.

11. Prior to operations conducted for the purpose of motion picture filming (or similar 

operations), the PIC must have accumulated and logged, in a manner consistent with 14

CFR § 61.51 (b), a minimum of 200 flight cycles and 25 hours of total time as a UAS 

rotorcraft pilot and at least ten hours logged as a UAS pilot with a similar UAS type (single 

blade or multirotor). Prior documented flight experience that was obtained in compliance 

with applicable regulations may satisfy this requirement. Training, proficiency, and 
11

11

experience-building flights can also be conducted under this grant of exemption to 

accomplish the required flight cycles and flight time. During training, proficiency, and 

experience-building flights, all persons not essential for flight operations are considered 

non-participants, and the PIC must operate the UAS with appropriate distance from nonparticipants in accordance with 14 CFR § 91.119.

12. Prior to operations conducted for the purpose of motion picture filming (or similar 

operations), the PIC must have accumulated and logged, in a manner consistent with 14

CFR § 61.51 (b), a minimum of five hours as UAS pilot operating the make and model of 

UAS to be utilized for operations under the exemption and three take-offs and three 

landings in the preceding 90 days. Training, proficiency, experience-building, and take-off 

and landing currency flights can be conducted under this grant of exemption to accomplish 

the required flight time and 90 day currency. During training, proficiency, experiencebuilding, and take-off and landing currency flights, all persons not essential for flight 

operations are considered non-participants, and the PIC must operate the UAS with 

appropriate distance from non-participants in accordance with 14 CFR § 91.119.

13. Prior to any flight operations authorized by this grant of exemption, the PIC and 

visual observer (VO) must have successfully completed a qualification process, as 

outlined in the operator’s manual. As this is a requirement stipulated by the operator, 

the test must be developed and implemented by a qualified person designated at the 

sole discretion of the operator. A record of completion of this qualification process must 

be documented and made available to the Administrator upon request.

14. Prior to operations conducted for the purpose of motion picture filming (or similar 

operations), a flight demonstration, administered by an operator-approved and -qualified 

pilot must be successfully completed and documented. This documentation must be 

available for review upon request by the Administrator. Because the knowledge and 

airmanship test qualifications have been developed by the operator, and there are no 

established practical test standards that support a jurisdictional FAA FSDO evaluation 

and approval of company designated examiners, the petitioner will conduct these tests in 

accordance with the operator’s manual.
12

12

15. The UAS may not be operated directly over any person, except authorized and 

consenting production personnel, below an altitude that is hazardous to persons or 

property on the surface in the event of a UAS failure or emergency.

16. Regarding the distance from participating persons, the operator’s manual has safety 

mitigations for authorized and consenting production personnel. At all times, those 

persons must be essential to the closed-set film operations. Because these procedures 

are specific to participating persons, no further FSDO or Aviation Safety Inspector (ASI) 

approval is necessary for reductions to the distances specified in the petitioner’s 

manuals. This is consistent with the manned aircraft procedures described in FAA Order 

8900.1, V3, C8, S1 Issue a Certificate of Waiver for Motion Picture and Television 

Filming.

17. Regarding distance from non-participating persons, the operator must ensure that no 

persons are allowed within 500 feet of the area except those consenting to be involved and 

necessary for the filming production. This provision may be reduced to no less than 200 

feet if it would not adversely affect safety and the Administrator has approved it. For 

example, an equivalent level of safety may be determined by an aviation safety inspector’s 

evaluation of the filming production area to note terrain features, obstructions, buildings, 

safety barriers, etc. Such barriers may protect non-participating persons (observers, the 

public, news media, etc.) from debris in the event of an accident. This is also consistent 

with the same FAA Order 8900.1, V3, C8, and S1. 18. If the UAS loses communications or 

loses its GPS signal, the UA must return to a pre-determined location within the security 

perimeter and land or be recovered in accordance with the operator’s manual.

18. If the UAS loses communications or loses its GPS signal, the UA must return to a predetermined location within the security perimeter and land or be recovered in accordance 

with the operator’s manual.

19. The UAS must abort the flight in the event of unpredicted obstacles or emergencies in 

accordance with the operator’s manual.

20. Each UAS operation must be completed within 30 minutes flight time or with 25% battery 

power remaining, whichever occurs first.
13

13

21. The operator must obtain an Air Traffic Organization (ATO) issued Certificate of Waiver or 

Authorization (COA) prior to conducting any operations under this 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.

22. All aircraft operated in accordance with this exemption must be identified by serial 

number, registered in accordance with 14 CFR part 47, and have identification (NNumber) markings in accordance with 14 CFR part 45, Subpart C. Markings must 

be as large as practicable.

23. The operator must develop procedures to document and maintain a record of the UAS 

maintenance, preventative maintenance, alterations, status of replacement/overhaul 

component parts, and the total time in service of the UAS. These procedures must be 

added to the operator’s manual.

24. Each UAS operated under this exemption must comply with all manufacturer Safety

Bulletins.

25. The operator must develop UAS technician qualification criteria. These criteria must be 

added to the operator’s manual.

26. The preflight inspection section in the operator’s manual must be amended to include the 

following requirement: The preflight inspection must account for all discrepancies, i.e. 

inoperable components, items, or equipment, not covered in the relevant preflight 

inspection sections of the operator’s manual.

27. Before conducting operations, the radio frequency spectrum used for operation and 

control of the UAS must comply with the Federal Communications Commission (FCC) or 

other appropriate government oversight agency requirements.

28. At least three days before scheduled filming, the operator of the UAS affected by this 

exemption must submit a written Plan of Activities to the local FSDO with jurisdiction 

over the area of proposed filming. The 3-day notification may be waived with the 

concurrence of the FSDO. The plan of activities must include at least the following:

a. Dates and times for all flights

b. Name and phone number of the person responsible for the UAS filming 

production under this grant of exemption

c. Name and phone number of the person responsible for the on-scene operation 

of the UAS.

d. Make, model and serial or N-number of the UAS to be used
14

14

e. Name and certificate number of the UAS PIC's involved in the filming 

production event 

f. A statement that the operator has obtained permission from property 

owners and/or local officials to conduct the filming production event; the 

list of those who gave permission must be made available to the 

inspector upon request.

g. Signature of exemption-holder or representative

h. A description of the flight activity, including maps or diagrams of any area, 

city, town, county, and/or state over which filming will be conducted and the 

altitudes essential to accomplish the operation

29. The documents required under 14 CFR § 91.9 and § 91.203 must be available to the PIC 

at the ground control station of the UAS any time the aircraft is operating. These 

documents must be made available to the Administrator or any law enforcement official 

upon request.

30. The UAS must remain clear and yield the right of way to all other manned operations 

and activities at all times (including, but not limited to, ultralight vehicles, parachute 

activities, parasailing activities, hang gliders, etc.).

31. UAS operations may not be conducted during night, as defined in 14 CFR § 1.1. All 

operations must be conducted under visual meteorological conditions (VMC). Flights 

under special visual flight rules (SVFR) are not authorized.

32. The UAS cannot be operated by the PIC from any moving device or vehicle.

33. The UAS may not be operated less than 500 feet below or less than 2,000 feet 

horizontally from a cloud or when visibility is less than 3 statute miles from the PIC.

34. The UAS may not operate in Class B, C, or D airspace without written approval from the 

FAA. The UAS may not operate within 5 miles of the geographic center of a non-towered 

airport 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 upon request.

35. Any 1) incident, 2) accident, or 3) flight operation that transgresses the lateral or vertical 

boundaries of the operational area as defined by the applicable COA must be reported to 

the Federal Aviation Administration’s (FAA) UAS Integration Office (AFS-80) within 24 

hours. Accidents must be reported to the National Transportation Safety Board (NTSB) 
15

15

per instructions contained on the NTSB Web site: www.ntsb.gov. Further flight operations 

may not be conducted until the incident, accident, or transgression is reviewed by AFS-80 

and authorization to resume operations is provided.

Currently, the aforementioned aerial videography/photography relies primarily on the use of 

larger aircraft running on combustible fuel, posing potential risk to the public. Granting Phyxius 

Aviation LLC’s request for exemption will reduce current risk levels and thereby enhance safety. 

Our UAS craft do not contain potentially explosive fuel, is smaller, lighter and more 

maneuverable than conventional video and photographic aircraft with much less flight time. 

Further, we operate at lower altitudes and in controlled airspace eliminating potential public risk 

flying to and from established airfields. Phyxius Aviation LLC has been informally analyzing and 

recording flight information and will compile safety protocols and the implementation of a flight 

operations manual for usage that exceeds currently accepted means and methods for safe 

flight. Formal collection of information shared with the FAA will enhance the FAA's internal 

efforts to establish protocols for complying with the FAA Modernization and Reform Act of 2012. 

There are no personnel on board Phyxius Aviation LLC’s UAS and therefore the likelihood of 

death or serious bodily injury is significantly diminished Phyxius Aviation LLC’s operation of our

UAS, weighing less than seven (7) pounds and traveling at lower speeds within limited areas 

low to the ground will provide an equivalent level of safety as that achieved under current FARs. 

Accordingly, Phyxius Aviation LLC respectfully requests that the FAA grant our exemption 

request and are willing to cooperate in sharing information to benefit the FAA, safety of manned 

aircraft, and the general public at large. 

Respectfully submitted, 

Scott Ashe

Phyxius Aviation LLC 

115 Kennington Dr.

Goose Creek, SC 29445

843-830-0074

Scottashe2@gmail.com

10
16

16

Appendix A

List of Aircraft

No. Make and Model Descr

iption

Serial No. Registration

No.

1 DJI Phantom 3 

Professional

Electric powered, 4 rotor, 

small unmanned 

multirotor helicopter

P76DCK06A20314 Pending

Appendix B 

1. DJI Phantom 3 Professional

The operation of the DJI Phantom 3 Professional system is as follows.

1. Build Materials

I. Plastic

II. Aluminum 

2. Motor Configuration

I. The Phantom 3 flight in a 4 motor quadcopter setup. 

3. Payload

I. The Phantom 3 carries its own integrated camera. 

II. Maximum All-up Weight- 4lbs

4. Maintaining the Phantom 3

I. Before each flight:

1. Check all hardware to ensure it is securely tightened.

2. Check that the motor is level and locked in place.

3. Check the propeller to ensure it is tight and there are no visible signs of cracks, stress and/or 

chips. Replace if propeller is questionable.

4. Check all wiring to motors, motor controllers, batteries, and flight controller for signs of wear, 

cracks or stress.

5. Check all navigational lighting to ensure it is properly working.

II. After 45 hours of flight
17

17

1. Remove and check all motors and motor mounts for signs of wear and tear. Replace as 

necessary. 

2. Remove motor controllers and visually inspect and check for damage. Replace as 

necessary. 

3. Remove flight controllers and visually inspect and check for damage. Replace as necessary. 

4. Check for cuts, fraying, cracks, and/or loose/cold solder connections. Fix before flying.

5. Check for updates to flight controller firmware. If available, install and perform a minimum of 

15 test flights before conducting commercial work.

Appendix C

Personal Protocols/Controls/Flight Manual 

Protocols and Controls 

Phyxius Aviation LLC, Goose Creek, SC

Safety for public on the ground as well as manned aircraft above is an essential and utmost 

consideration for aerial videos and photography. As such, safety protocols and controls must 

be implemented through pre-flight preparation and during flight. 

Pre-Flight Protocol: 

1. Check batteries with voltage meter to insure fully charged and ready for use. 

2. Inspect batteries for damage or leakage that may affect proper operation. 

3. Inspect propellers for cracks, chips or damage that may cause sudden loss of propulsion 

or unmanageable/uncontrolled flight. 

4. Check all GPS and Telemetry connections prior to flight. 

5. Check weather forecasts for wind advisory or other conditions that may impact flight. 

6. Consult Sky Vector aeronautical Charts (Skyvector.com) for airport vicinity and flight 

paths of possible air traffic.

7. Contact respective airport to advise of estimated flight time, estimated flight duration, 

estimated elevation of flight, and any other pertinent information. 

Inspect flight area for 

1. Vicinity of public safety helipads/heliports

2. Vicinity of medical helipads/heliports 
18

18

3. Vicinity of light poles vicinity or utility wires 

4. Vicinity of trees flocks of birds that may cause interference and potential flight 

impact Vicinity of any elevated obstructions that may pose potential flight hazard 

5. Vicinity of roadways with moderate to heavy traffic that can be distracted public 

Gatherings that may attract viewers optional point of control for best visual site of 

UAS while in flight 

6. Emergency landing areas 

Takeoff and landing 

1. Inspect area for best and safest point of takeoff and landing 

2. If in a subdivision or area that is within 150 feet of a residential street, post 

warning sign(s)/stand(s) "Attention Aerial Photography In Progress ‐ Remain 

Back 150 Feet” 

Flight Protocol: takeoff and land from same location (have alternate landing areas in case of 

emergencies) remain alert to birds, sound or aircraft, curious public, and approaching vehicles 

do not allow anyone to engage in conversation or distract the remote control pilot restrict flight to 

minimal elevation sufficient to acquire desired results remained prepared for emergency landing 

at all times pay attention to flight time – warning meter for low voltage. 

Set voltage meter alarm for low voltage and flight timer as a safety alert land UAS and shut 

down propulsion immediately following landing – priority of disconnecting batteries 

Post flight: 

1. Disconnect battery to prevent accidental activation of propulsion system 

2. Secure UAS in a safe location 

3. Remove all warning signs from public access areas Emergency or Suspected Hazard: 

Immediate land UAS at safest and closet ground location in the event 

1. Manned aircraft is heard or seen in vicinity of flight 

2. There is a public gathering within established safety boundary wanting to 

observe flight 

3. Pilot is being distracted from focusing on flight and safety 

4. Sudden change in weather (wind bursts) 

5. Sudden increase in vehicular traffic in vicinity of flight 

6. Birds enter into proximity of flight 

7. Any sudden unsafe event that can cause collision, distraction or interruption of 

control 
19

19

Safety for public on the ground as well as manned aircraft above is an essential and utmost 

consideration for aerial videos and photography. 

Maintaining a record of safe flight for FAA request and for determining future UAS safety 

protocols is imperative. The following is a template for flight records to be kept:

Date:____________________ 

Location:___________________________________________________ 

Pre‐ flight Inspection: 

o Yes o No 

Comment: _________________________________________________ 

Elements 

Proximity to airport: _________________ (see attached map pinpointing approximate location 

of flight) 

Airport notified: No Yes 

Date:_______________ Time: ______________ 

Phone Number: _______________________ 

Contact Name:___________________________________ 

Nearest major intersection: 

______________________________________________________________ 

Proximity to medium traffic road: 

_________________________________________________________ 

Proximity to heavily traveled roadway road: 

_________________________________________________ 

Proximity to congested population: 

________________________________________________________ 

Approx. Takeoff Time: GMT: 

Weather Good Fair Poor Comment: 

Visibility Good Fair Poor Comment: 
20

20

Wind Speed ___mph ___Gusts/MPH ___avg/MPH Comment: 

Approx. Landing Time: GMT: Estimated Elevation Ground level: 

Safety Concerns: 

Additional Comments: 

Sea level: 

Appendix 'D'

Aircraft Manuals

This Appendix includes UAS manufacturer's user manuals, maintenance instructions, and 

illustrated parts catalogs. These manuals may be attached to the docket when submitted. 

Information regarding design, aircraft performance, fail-safe features, operating limitations, 

normal and emergency procedures, and maintenance and inspection procedures is contained 

within the manuals and supplemental information documents listed below:

1. Phantom 3 Professional User Manual V1.6

2. Phantom 3 Professional Release Notes en 12.24

3. Phantom 3 Professional Quick Start Guide en V1.2 1214

4. Phantom 3 Intelligent Flight Battery Safety Guidelines en

5. Phantom 3 Charging Hub User Manual en

6. Phantom 3 Safety Guidelines and Disclaimer

For more information or questions about this manual please contact:

Scott Ashe

Phyxius Aviation LLC

115 Kennington Dr.

Goose Creek, SC 29445

843-830-0074

Scottashe2@gmail.com