# Rupprecht Law P. A.

324 Datura Stre et, Suite 200 | West Palm Beach, FL 33401 P: (561) 222

- 6979 | E: jon@jrupprechtlaw.com | W: www.jrupprechtlaw.com

June 1 8 , 2015 U. S. Department of Transportation Docket Management System 1200 New Jersey Ave., SE, West Building Ground Floor, Room W 12

- 140 , Washington, DC 20590

Re: Request for Exemption under Section 333 of the FAA Modernization and Reform Act and Par t 11 of the Federal Aviation Regulations from 14 C.F.R. 61.23(a) and (c); 61.101(e)(4) and (5); 61.113(a); 61.315(a); 91.119(c); 91.121; 91.151(a)(1); 91.405(a); 91.407(a)(1); 91.409(a)(1) and (2); 91.417(a) & (b).

PETITION FOR EXEMPTION

Dear Sir or Madam : Pursuant to Section 333 of the FAA Modernization and Reform Act of 2012 (the Reform Act) and 14 C.F.R. Part 11, Aerialpixels, L LC , an operator of Small Unmanned Aircraft (UA) hereby applies for an exemption from the listed Federal Aviatio n Regulations ("FARs") to allow commercial operation
of its UA.



### T ABLE OF 

### C ONTENTS I. QUICK REFERENCE SUMMARY

................................ ................................ ................................ ....... 3
II. PETITIONER’ S CONTACT INFO:

................................ ................................ ................................ ...... 3 III. REGULATIONS FROM WHICH THE EXEMPTION IS REQUESTED

................................ .......... 4
IV. EXTENT OF RELIEF THE PETITIONER SEEKS FROM THE ABOVE LISTED REGULATIONS

................................ ................................ ................................ ................................ ................................ ..... 4
A. 14 C.F.R. § 61.23(a) & (c): Medical Certificates

................................ ................................ ............. 4
B. 14 C.F.R. § 61.101(e)(4) & (5): Recreational Pilo t Privileges and Limitations & 14 C.F.R. § 61.315(a): Sport Pilot Limitations.

................................ ................................ ................................ .......... 4
C. 14 C.F.R. § 61.113 (a): Private Pilot Privileges and Limitations: Pilot In Command.

.................... 4
D. 14 C.F.R. § 91.7(a): Civil Aircraft Airworthiness.

................................ ................................ ........... 5
E. 14 C.F.R. § 91.119: Minimum Safe Altitudes

................................ ................................ .................. 52

F. 14 C.F.R. § 91.121: Altimeter Settings

................................ ................................ ............................ 5
G. 14 C.F.R. § 91.151(a): Fuel Requirements for Flight in VFR Conditions

................................ ....... 6
H. 14 C.F.R. § 91.405 (a); § 91.407 (a) (1); § 91.409 (a) (2); § 91.417(a) & (b): Maintenance Inspections

................................ ................................ ................................ ................................ ............... 6
V. REASONS WHY GRANTING THIS PETITION WOULD BE IN THE PUBLIC INTEREST

.......... 6 VI. EQUIVALENT LEVEL OF SAFETY

................................ ................................ ................................ .. 7
VII. THE PETITIONER REQUESTS THAT THE PUBLICATION AND COMMENT PROCEDURES BE WAIVED IN ACCORDANCE WITH 14 C.F.R. § 11.87.

................................ ................................ .. 15
VIII. FEDERAL REGISTER SU MMARY

................................ ................................ .............................. 16
IX. OPERATING DOCUMENTS

................................ ................................ ................................ ............ 17
X. STATUTORY AUTHORITY TO GRANT THIS PETITION

................................ ............................. 17
XI. CONCLUSION

................................ ................................ ................................ ................................ ... 183

I. QUICK REFERENCE SUMMARY

 Types of aircraft to be flown :

o Phantom 2 (Previou sly granted in Exemption No. 11699)

o Phantom 3 ( Previously granted in in Exemption No. 11845 )

o DJI S900 (Previously granted in Exemption No. 11697)

o DJI Inspire (Previously granted in Exemption No. 11607)

o Cinestar 6

o Cinestar 8 (Previously granted in Exemption No. 11408)

o Mini250

o Custom Aerialpixels FX8 Pro Elite

 The operations will be for:

o Aerial data collection, 1

o Closed

- set f

ilm/television production
, o F light instru ction,

o Repair and build testing,

o Advertising,

o Research and develo pment , o Demonstrations
, and

o M arket survey

.

 The petitioner will operate under the restrictions listed below and those in the F light O perations P rocedure M anual (FOPM) and the Motion Picture and TV Operations Manual ( MPTOM) which will be confidentially submitted.

 We already agree to all the restrictions listed in Exemption # 11284 which are listed below.

II

. PETITIONER ’ S CONTACT INFO: Aerialpixels, LLC Attn: Kavi Email: shop@aerialpixels.com Address: 20731 Keswick Street, Winnetka, California 91306 Rupprecht Law, P.A. Attn: Jonathan Rupprecht Email: jon@ jrupprechtlaw.com Address: 324 Datura Street, Suite 200, West Palm Beach, Florida 33401

1 “ Aerial data collection includes any remote sensing and measuring by an instrument(s) aboard the UA. Examples include imagery (photography, vid eo, infrared, etc.), electronic measurement (precision surveying, RF analysis, etc.), chemical measurement (particulate measurement, etc.), or any other gathering of data by instruments aboard the UA. ” Exemption No. 114824

III

. REGULATIONS FROM WHICH THE EXEMPTION IS REQUESTED

 14 C.F.R. § 61.23(a) and (c)

 14 C.F.R. § 61.101 (e)( 4 ) and ( 5 )

 14 C.F.R. § 61.113 (a)

 14 C.F.R. § 61.315 (a)

 14 C.F

.R. § 91.7 (a)

 14 C.F.R. § 91.119 (c)

 14 C.F.R. § 91.121

 14 C.F.R. § 91.151 (a)( 1 )

 14 C.F.R. § 91.405 (a)

 14 C.F.R. § 91.407 (a)( 1 )

 14 C.F.R. § 91.409 (a)( 1 ) & ( 2 )

 14 C.F.R. § 91.417 (a) & (b)

I V

. EXTENT OF RELIEF THE PETITIONER SEEKS FROM THE ABOVE LISTED REGUL ATIONS

A. 14 C.F.R. § 61.23 (a) & (c): Medical Certificates
Exemption # 11221 , # 11284, and many others have provided that a U.S. driver’s license
could be used in lieu of the medical certificate provides an equivalent level of safety. The Petitioner
is likewi se seeking the same set of previously granted restrictions.

B. 14 C.F.R. § 61.101(e)(4) & (5): Recreational Pilot Privileges and Limitations & 14 C.F.R. § 61.315(a): Sport Pilot Limitations. Exemption # 11221, # 11284, and many others have declared that th ere is an equivalent level of safety as the FAR’s by requiring the PIC to “ hold either an airline transport, commercial, private, recreational, or sport pilot certificate.” Likewise
, Aerialpixels, LLC is also performing commercial
UAS work and is asking for the same restrictions which have been previously deemed to provide an equivalent level of safety as the burdensome regulations.

C. 14 C.F.R. § 61.113 (a): Private Pilot Privileges and Limitations: Pilot In Command.

Sub

- sections 61.113(a) li mit private pilots to non

- commercial operations. Because the UAS will not carry a pilot or passengers, the proposed operations can achieve the equivalent level of5

safety of current operations by requiring the PIC operating the aircraft to have a sport pilo t license rather than a commercial pilot's license to operate this small UAS. Unlike a conventional aircraft that carries the pilot and passengers, the UAS is remotely controlled with no living thing on board.

D. 14 C.F.R . § 91.7(a ): Civil Aircraft Airworthi ness. As there will be no airworthiness certificate issued for the unmanned aircraft, and no FAA regulatory standard will exist for determining airworthiness of the UA, the requirements contained in
the confiden tially submitted FOPM and MPTOM and the restrictio ns already agreed to will provide an equivalent level of safety.
Furthermore, all of the aircraft has been previously evaluated and deemed to have the equivalent level of safety of the regulations if operated under the restrictions above. Therefore, this

a ircraft should not be required to have an airworthiness certificate based upon the FAA’s previous
determinations.

E. 14 C.F.R. § 91.119 : Minimum Safe Altitudes
Section 91.119 establishes safe altitudes for operation of civil aircraft. Section 91.119 (d)
allo ws helicopters to be operated at less than the minimums prescribed, provided the person operating the helicopter complies with any route or altitudes prescribed for helicopters by the FAA.

B ecause of the lack of flammable fuel, any risk associated with these operations is far less than those presently presented with conventional aircraft operating at or below 500 AGL. In addition, the low

- altitude , 500 foot and below, operations of the U AS will ensure separation between these small UAS operations and the operations of conventional aircraft that must comply with
Section 91.119

.
F. 14 C.F.R. § 91.121 : Altimeter Settings This regulation requires each person operating an aircraft to maintain cr uising altitude by reference to an altimeter that is set "... to the elevation of the departure airport or an appropriate altimeter setting available before departure." As the UAS may not have a barometric altimeter, but instead a GPS altitude read out, an exemption may be needed. An equivalent level of safety will be achieved by the6

operator, pursuant to following the confidentially submitted FOPM and MPTOM. Furthermore, many other petitions have been granted allowing GPS to be used in lieu of an altimeter setting.

G. 14 C.F. R. § 91.151 (a): Fuel Requirements for Flight in VFR Conditions
Section 91.151 (a) prohibits an individual from beginning "a flight in an airplane under VFR conditions unless (considering wind and forecast weather conditions) there is enough fuel to fly to the first point of intended landing, and, assuming normal cruising speed

- ( 1 ) During the day, to fly after that
for at least 30 minutes; or ( 2 ) At night, to fly after that for at least 45 minutes."
Applicant believes that an equivalent level of safety can be achieved by restricting operations to “the intended operation and to operate after that for at least five minutes or with the reserve power recommended by the manufacturer if greater. ” Exemption # 11284 , at page 5

.
H. 14 C.F.R. § 91.405 (a); § 91.407 (a) ( 1 ); § 91.409 (a) ( 2 ); § 91.417 (a) & (b): Maintenance Inspections These regulations require that an aircraft operator or owner "shall have that aircraft inspected as prescribed in subpart E of this part and shall between required inspections, except as pr ovided in paragraph (c) of this section, have discrepancies repaired as prescribed in part 43 of this chapter" 2 and others shall inspect or maintain the aircraft in compliance with Part 43. Given that these sections and Part 43 apply only to aircraft with an airworthiness certificate, these sections will not apply to the applicant. An equivalent level of safety will be achieved because these small UAS’s are very limited in size and will carry a small payload and operate only in restricted areas for limited periods of time. Moreover, the operator is the person most familiar with the aircraft and best suited to maintain the aircraft in an airworthy condition to provide the equivalent level of safety. Lastly, the petitioner will operate in
accordance with the confiden tially submitted FOPM and MPTOM which will provide an equivalent level of safety as the burdensome regulations.

V

. REASONS WHY GRANTING THIS PETITION WOULD BE IN THE PUBLIC INTEREST

2 14 C.F.R. § 91.405(a).7

The Petitioner intends to produce picture and video content . If the petiti oner does not have the option of using the Petitioner’s UA, the only other way to obtain the aerial footage is by usi ng manned aircraft which pose a danger to the pilot as well as individuals on the ground. There ar e no pilots on
board the UA and due to the smal l size of the UA, there is less risk pos ed to the public on the ground in case of an emergency. Additionally, the UA has multiple motors while mos t manned aircraft have only

one engine.

M anned airplanes and helicopters produce great amou nts of noise pollution disrupting the quiet enjoyment of private property of the public on the ground. UA are much quieter and will not disrupt the

pu blic as much as manne d aircraft ; thus, the public will benefit from a reduction in noise pollution

.

In addition to the noise pollution reducti on , engine or turbine powered aircraft produce exhaust
which affects the environment while the UA of the petitioner are electric and do not produce any
emiss ion

. The environment and the public are b enefited by the use of UA.

UA use batteries for po wer which are not as flammable and explosive as 100LL or Jet A. If there was an emergency where the UA crashed, there is less chance of individuals being injure d from an explosion or fire

. UA also use smaller propellers than manned helicopters which will cause far less damage in the case of a crash than the “ grena d ing ” that typically happens during a manned helicopter
crash.

Lastly, the UA will be operated at lower altitudes than manned aircraft . Thus, the public benefits
because the danger of a mid

- air collis ion is lessened.

VI. EQUIVALENT LEVEL OF SAFETY The applicant proposes that the exemption requested herein applies to civil aircraft that have the characteristics and that operate with the limitations listed herein. These limitations provide for at least an equivalent or even higher level of safety to operations under the current regulatory structure.8

These limitations and conditions are identica l to Exemption # 11284 except for the difference in
aircraft

. Aerialpixels, LLC agrees to be bound when conducting commercial UA operations. The list of limitations and conditions include the following:

1. Operations authorized by th is grant of exemption are limited to the DJI Phantom 2, DJI Phantom 3, DJI Inspire, DJI S900, Cinestar 8, Cinestar 6, Mini 250mm, and a custom Aerialpixels FX8 Pro Elite when weighing less than 55 pounds including payload. Proposed operations of any other aircraft will require a new pe tition or a petition to amend this exemption.
2. Operations for the purpose of closed

- set motion picture and television filming are permitted.
3. The UA may not be operated at a speed exceeding 87 knots (100 miles per hour). The exemption holder may use ei ther groundspeed or calibrated airspeed to determine compliance
with the 87 knot speed restriction. In no case will the UA be operated at airspeeds greater than the maximum UA operating airspeed recommended by the aircraft manufacturer.

4. The UA must be o perated at an altitude of no more than 400 feet above ground level (AGL). Altitude must be reported in feet AGL.
5. The UA 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 una ided by any device other than corrective lenses, as specified on the PIC’s FAA

- issued airman medical certificate or U.S. driver’s
license.
6. All operations must utilize a visual observer (VO). The UA must be operated within the visual line of sight (VLOS) of the PIC and VO at all times. 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; electronic messaging or texting is not permitted
duri ng flight operations. The PIC must be designated before the flight and cannot transfer his or her designation for the duration of the flight. The PIC must ensure that the VO can perform the duties required of the VO.9

7. This exemption and all documents nee ded to operate the UAS and conduct its operations in accordance with the conditions and limitations stated in this grant of exemption, are hereinafter referred to as the operating documents. The operating documents must be accessible during UAS operations and made available to the Administrator upon request. If a discrepancy exists between the conditions and limitations in this exemption and the procedures outlined in the operating documents, the conditions and limitations herein 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 doc uments to the Administrator or any law enforcement official upon request. The operator must also present updated and revised documents if it petitions for extension or amendment to this grant of exemption. If the operator determines that any update or revi sion would affect the basis upon which the FAA granted this exemption, then the operator must petition for an 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.
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 prior to conducting further operations under this exemption. Functional test flights may only be conducted by a PIC with a VO and must remain at least 500 feet from other people. The functional test flight must be conducted in such a manner so as to not pose an undue hazard to perso ns and property.

9 . The operator is responsible for maintaining and inspecting the UAS to ensure that it is in a condition for safe operation.
10. Prior to each flight, the PIC must conduct a pre

- flight inspection and determine the UAS is in
a condition fo r safe flight. The pre

- flight inspection must account for all potential discrepancies, e.g. inoperable components, items, or equipment. If the inspection reveals a10

condition that affects the safe operation of the UAS, the aircraft is prohibited from operat ing until the necessary maintenance has been performed and the UAS is found to be in a condition for safe flight.
11. The operator must follow the UAS manufacturer’s maintenance, overhaul, replacement, inspection, and life limit requirements for the aircra ft and aircraft components.

12 . Each UAS operated under this exemption must comply with all manufacturer safety
bulletins.
13. Under this grant of exemption, a PIC must hold either an airline transport, commercial, private, recreational, or sport pilot cer tificate. The PIC must also hold a current FAA airman medical certificate or a valid U.S. driver’s license issued by a state, the District of Colombia, Puerto Rico, a territory, a possession, or the Federal government. The PIC must also meet the flight rev iew requirements specified in 14 CFR § 61.56 in an aircraft in which the PIC is rated on his or her pilot certificate.
14. The operator may not permit any PIC to operate unless the PIC demonstrates the ability to safely operate the UAS in a manner consiste nt with how the UAS will be operated under this exemption, including evasive and emergency maneuvers and maintaining appropriate distances from persons, vessels, vehicles and structures. PIC qualification flight hours and currency must be logged in a manne r consistent with 14 CFR § 61.51(b). Flights for the purposes of training the operator’s PICs and VOs (training, proficiency, and experience

building) and determining the PIC’s ability to safely operate the UAS in a manner consistent
with how the UAS will be operated under this exemption are permitted under the terms of this exemption. However, training operations may only be conducted during dedicated training sessions. During training, proficiency, and experience

- building flights, all persons
not essentia l for flight operations are considered nonparticipants, and the PIC must operate the UA with appropriate distance from nonparticipants in accordance with 14 CFR § 91.119

.11

15. 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.
16. The UA may not operate within 5 nautical miles of an airport reference point (ARP) as
denoted in the curren t FAA Airport/Facility Directory (AFD) or for airports not denoted with an ARP, the center of the airport symbol as denoted on the current FAA published aeronautical chart, unless a letter of agreement with that airport’s management is obtained or
otherwis e permitted by a COA issued to the exemption holder. The letter of agreement with the airport management must be made available to the Administrator or any law enforcement official upon request.
17. The UA may not be operated less than 500 feet below or le ss than 2,000 feet horizontally from a cloud or when visibility is less than 3 statute miles from the PIC.
18. If the UAS loses communications or loses its GPS signal, the UA must return t predetermined location within the private or controlled

- access prop erty.

19 . The PIC must abort the flight in the event of unpredicted obstacles or emergencies.
20. The PIC is prohibited from beginning a flight unless (considering wind and forecast weather conditions) there is enough available power for the UA to conduct the intended operation and to operate after that for at least five minutes or with the reserve power recommended by the manufacturer if greater.
21. Air Traffic Organization (ATO) Certificate of Waiver or Authorization (COA). All operations
shall be cond ucted in accordance with an ATO

- issued COA. The exemption holder may apply for a new or amended COA if it intends to conduct operations that cannot be conducted
under the terms of the attached COA.
22. All aircraft operated in accordance with this exemptio n must be identified by serial number, registered in accordance with 14 CFR part 47 , and have identification (N Number) markings
in accordance with 14 CFR part 45 , Subpart C. Markings must be as large as practicable.12

23. Documents used by the operator to e nsure the safe operation and flight of the UAS and any 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 th e Administrator or any law enforcement official upon request.

24 . The UA must remain clear and give way to all manned aviation operations and activities at
all times.

25 . The UAS may not be operated by the PIC from any moving device or vehicle.

26. All Fli ght operations must be conducted at least 500 feet from all nonparticipating 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 of an 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 of the UA, flight operations must cease immediately in a manner ensuring the safety of nonparticipating persons; and
b. The owner/controller of any vessels, vehicles or structures has granted permission for operating closer to those objects and the PIC has made a safety assessment of the risk of operating close r to those objects and determined that it does not present an undue hazard.
The PIC, VO, operator trainees or essential persons are not considered nonparticipating persons under this exemption.
27. All operations shall be conducted over private or controll ed

- access property with permission from the property owner/controller or authorized representative. Permission from property owner/controller or authorized representative will be obtained for each flight to be
conducted.
28. Any incident, accident, or flig ht operation that transgresses the lateral or vertical boundaries of the operational area as defined by the applicable COA must be reported to the FAA's UAS13

Integration Office (AFS

- 80) within 24 hours. Accidents must be reported to the National Transportat ion Safety Board (NTSB) per instructions contained on the NTSB Web site: www.ntsb.gov.
For the purpose of closed

- set motion picture and television filming and production, the following additional conditions and limitations apply.
29. The operator must hav e a motion picture and television operations manual (MPTOM) as documented in this grant of exemption.
30. At least 3 days before aerial filming, the operator of the UAS affected by this exemption must submit a written Plan of Activities to the local Flight Standards District Office (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 operator for the UAS aerial filming conducted 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 UAS to be used;

e . Name and certificate number of UAS PICs involved in the aerial filming;
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 mu st be made available to the inspector upon request;
g. Signature of exemption holder or representative; and
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 conduct ed and the altitudes essential to accomplish the operation.14

31. Flight operations may be conducted closer than 500 feet from participating persons consenting to be involved and necessary for the filming production, as specified in the exemption holder’s MP TOM.
Aerialpixels, LLC ’s UA are rotorcraft, weighing 55 lbs. or less including payload. They operate, under normal conditions at a speed of no more than 50 knots and they have the capability to hover, and
move in the vertical and horizontal plane simultaneously. They will operate only within VLOS and only
within the restrictions above and inside the confidentially submitted FOPM and MPTOM. Such operations will insure that the UA will "not create a hazard to users of the national airspace system or the public." 3
Given the small size of the UA involved and the restricted environment within which they will operate, the applicant falls squarely within that zone of safety (an equivalent level of safety) in which Congress envisioned that the FAA must, by exemption, allow commercial operations of UA to commence immediately. Also
, due to the size of the UA and the restricted areas in which the relevant UA will operate, approval of the application presents no national security issue.
Since the UA fully l oaded weighs no more than 55 lbs. and is operated without an onboard pilot, there is no ability or place to carry certification and registration documents or to display them on the unmanned aircraft. An equivalent level of safety will be achieved by keepin g these documents at the ground control point where the pilot flying the UA will have immediate access to them. Also, given the size of the unmanned aircraft, the FAA registration number will be displayed on the airframe in as large a font as possible.

3 Refor m Act Section 333(b).15

V II. THE PETITIONER REQUESTS THAT THE PUBLICATION AND COMMENT PROCEDURES BE WAIVED IN ACCORDANCE WITH 14 C.F.R. § 11.87

. § 11.87 Are there circumstances in which FAA may decide not to publish a summary of my petition for exemption? The FAA may not publish a summary of your petition for exemption and request comments if you present or we find good cause why we should not delay action on your petition. The factors we consider in deciding not to request comment include: (a) Whether granting your petition would set a precedent. (b) Whether the relief requested is identical to exemptions granted previously. (c) Whether our delaying action on your petition would affect you adversely. (d) Whether you filed your petition in a timely manner.

Corresponding to the above sub

- sections, the Petitioner has good cause to request the FAA to waive the comment period and not delay action on the petition because:
(a) Aerialpixels, LLC would not set any precedent. Aerialpixels, LLC agrees to the SAM E exact

limitations as Exemption # 11284. Furthermore, all of the aircraft have already been evaluated
under previous petitions , except for the Cinestar 6, mini250, and Custom Aerial pixels FX8 Pro

Elite ; however, those aircraft are not functionally different from other previously granted aircraft.

(b) Aerialpixels, LLC agrees to the SAME exact limitations as Exemption # 11284

.
(c) Delaying th e granting of this petition would adversely affect the public, the FAA, and
Aerialpixels, LLC

. The public, as well as the FAA, would be better served by the FAA quickly
granting this petition and thereby freeing up limited FAA resources and allowing FAA inspectors
to dedicate their time and attention to much higher priorities. Moreover, Aerialpixels, LLC is
adversely affected by the above listed regulations.

(d) The petition has been filed in a timely manner.16

V III. FEDERAL REG ISTER SUMMARY Pursuant to 14 C.F.R. Part 11, the following summary is provided for publication in the Federal Register, should it be determ ined that publication is needed.
Applicant seeks an exemption from the following rules: 14 C.F.R. 61.23(a) and (c); 6 1.101(e)(4) and (5); 61.113(a); 61.315(a); 91.119(c); 91.121; 91.151(a)(1); 91.405(a); 91.407(a)(1); 91.409(a)(1) and (2); 91.417(a) & (b) to operate commercially a small unmanned vehicle (55 lbs. or less) for closed

- set TV and movie filming and also for aerial data gathering, instructing, repair or build testing, advertising, research and development, demonstrations, and market survey using a DJI Phantom 2, DJI Phantom 3, DJI Inspire, DJI S900, Cinestar 8, Cinestar 6, Mini 250mm, and a custom Aerialpixels FX8 Pro Elite

. This exemption will allow commercial operations of UA ’s which will enhance safety by reducing risk. The alternative to using a UA is to use a jet or piston power aircraft carrying large amounts of jet A or other fuel. Not only is the operation dangerous at the location, the aircraft must fly to the location and back to the home airport

. Our UA will weigh less than 55 lbs. and powered by batteries which eliminates most of the risk because no highly flammable fuel will be involved

. The UA will carry no passengers or crew ; thus, eliminating most of the risk to the pilot and personnel. The operations of the UA listed under the restrictions proposed herein will provide an equivalent level of sa fety as th e Federal Aviation Regulations.17

IX

. OPERATING DOCUMENTS Aerialpixels, LLC will operate only within the limitations above and the limitations listed in the confidentially submitted FOPM and MPTOM

. Th e limitations above
, from the previously granted exemption
, will be followed if there is a conflict with the FOPM or MPTOM.

X

. STATUTORY AUTHORITY TO GRANT THIS PETITION The Federal Aviation Act expressly grants the FAA the authority to issue exemptions. This statutory authority by its terms includes exempting civil aircraft, as the term is defined under § 40101 of
the Act that includes UAS ’ s, from the requirement that all civil aircraft must have a current airworthiness certificate. “The Administrator may grant an exem ption from a requirement of a regulation prescribed under subsection (a) or (b) of this section or any sections 44702

- 44716 of this title if the Administrator finds the exemption in the public interest.” 49 U.S.C. § 44701(f). See also 49 U

. S

. C

. § 44711(b).
This exemption petition is expressly submitted to fulfill Congress' goal in passing Section 333(a) through (c) of the FAA Modernization and Reform Act of 2012. This law directs the Secretary of Transportation to consider whether certain unmanned aircraft systems may operate safely in the national airspace system (NAS) before completion of the rulemaking required under Section 332 of the FAA Modernization and Reform Act. In making this determination, the Secretary is required to determine which types of UA do not create a hazard to users of the NAS or the public or pose a threat to national security in light of the following:

 The UA’s size, weight, speed, and operational capability;

 Operation of the UA in close proximity to airports and populated areas; and,

 Operation of the UA within visual line of sight of the operator (VLOS). 4
If the Secretary determines that such vehicles "may operate safely in the national airspace system, the Secretary shall establish requirements for the safe operation of such aircra ft in the national

4 FAA Modernization and Reform Act of 2012 at § 333 (a).18

airspace system." Id. § 333(c) (emphasis added). 5 The FAA has already established requirements for summary grants which will be further discuss ed below.

XI

. CONCLUSION The operation of Aerialpixels, LLC using a small UAS , weighing less than 55 lbs., conducted under the pro posed restrictions outlined above, will provide an equivalent level of safety supporting the grant of the exemptions requested herein.
If I can be of any assistance to further expedite this petition, please do not hesitate to contact me at (561)222

- 6979 or at my email jon@jrupprechtlaw.com

Sincerely yours,

_____________________ Jonathan Rupprecht, Esq.

5 Applicant interprets this provision to place the duty on the Administrator to not only process applications for exemptions under section 333, but for the Administrator to cra ft conditions for the safe operation of the UAS, if it should be determined that the conditions set forth herein do not fulfill the statutory requirements for approval.