March 3, 2016

Attn:

U. S. Department of Transportation Docket Operations

West Building Ground Floor, Room w12-140

1200 New Jersey Ave, SE Washington, DC 20590

Exemption Request Pursuant to Section 333 of the FAA Reform Act and Part 11 of the Federal Aviation 

Regulations from: 14 CFR 21 subpart H 

14 CFR 45.23(b) 

14 CFR 61.113(a) and (b) 

14 CFR 91.7(a) 

14 CFR 91.9(b)(2) 

14 CFR 91.103 

14 CFR 91.109 

14 CFR 91.119(c) 

14 CFR 91.121 

14 CFR 91.151(a) 

14 CFR 91.203 (a) and (b) 

14 CFR 91.405 (a) 

14 CFR 91.407 (a) (1) 

14 CFR 91.409 (a)(1) and (2) 

14 CFR 91.417(a) and (b) 

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

Part 11, James Bender, operator of Unmanned Aircraft Systems (UAS), hereby applies for an exemption from 

the listed Federal Aviation Regulations (“FARs”) to allow commercial operation of designated UAS, provided 

such operations are conducted within and under the conditions outlined herein or as may be established by 

the FAA as required by Section 333. 

Commercial operation of an UAS, as described herein, which are equipped with camera(s) 

and sensors, would provide professional services in the following areas: 

1. Aerial photography and/or video for public and/or private use including real estate, 

architecture, land surveying, engineering and other related professional activities. 

2. Aerial video and/or photography for public and/or private use including television, public 

events, cinematography and newsgathering. 

3. Aerial inspection/photography of residential/commercial structures under contract with the 

owners or local government authority. 

4. Aerial inspection/photography of residential/commercial utility infrastructure including but 

not limited to electrical power lines, wind turbines and cell towers. 

5. Aerial video/photography or providing live video feed to assist with search and rescue 

operations in cases of an emergency or natural disaster only when the local authorities or 

government has requested it by contract or donation. 

6. Training to persons individually or belonging to both private and/or public organizations to 

increase awareness and improve safety for current and future UAS operations within the 

NAS. 

As described fully below, the requested exemption would permit the operation of designated 

UAS as set forth in this document under controlled conditions in the NAS that would be 

a) limited 

b) controlled

c) predetermined

d) safe. 
Approval of this exemption would increase public awareness of UAS operations and enhance safety to 

aid in fulfilling the Secretary of Transportation’s (the FAA Administrator’s) responsibilities to 

“....establish requirements for the safe operation of such aircraft systems in the national airspace 

system.” 

I plan to operate a UAS, the DJI PHANTOM 2+, which is comprised of an unmanned aircraft (UA or 

Phantom 2) and a transportable ground station. The Phantom 2 is referred to as a quad-copter with a 

maximum gross weight of about 3 pounds. It is equipped with four rotors that are driven by electric 

motors powered by batteries. The UA has a maximum airspeed of 16 m/s. 

I also plan to operate a UAS, the DJI PHANTOM 3 PROFESSIONAL, which is comprised of an unmanned 

aircraft (UA or Phantom 3) and a transportable ground station. The Phantom 3 is referred to as a quadcopter with a maximum gross weight of about 3 pounds. It is equipped with four rotors that are driven 

by electric motors powered by batteries. The UA has a maximum airspeed of 16 m/s.

Given the small size of the UAS’s involved and the restricted controlled environment within 

which they will operate, the applicant fits within that zone of safety (an equivalent level of safety) 

in which Congress envisioned that the FAA must, by exemption, allow commercial operations of 

UASs to commence immediately. Also due to the size of the UASs and the controlled areas in 

which the relevant UASs will operate, approval of the application presents no national security 

issue. Given the following, the grant of the requested exemptions is clearly in the public interest: 

Brent C. Johns of PXL Media Studios proposes that the exemption requested herein apply to civil aircraft 

that have the characteristics and that operate with the limitations listed herein. These limitations 

provide for an exceptional level of safety to operations. These limitations and conditions to which Brent 

Johns agrees to be bound when conducting commercial operations under an FAA issued exemption 

including: 

1. The UAS will weigh less than 55 lbs. 

2. Flights will be operated within line of sight of operator. 

3. Maximum total flight time for each operational flight will be 30 minutes. 

4. Flights will be terminated at 15% battery power reserve. 

5. Flights will be operated at an altitude of no more than 400 feet AGL 

6. UAS operator will be trained and certified in the proper safety and operations of the UAS. 

7. The UAS will only operate within a controlled area as defined in the Procedures. 

8. The operator will post advisor notice around the controlled area. 

9. The operator will have been trained in operation of UAS generally and received up-to-date 

information on the particular UAS to be operated as required. 

10. If the UAS loses communications or loses its GPS signal, the UAS will have capability to return to 

a pre-determined location within the Security Perimeter and land. 

11. The UAS will have the capability to abort a flight in case of unpredicted obstacles or 

emergencies. 

Accordingly, the applicant respectfully requests that the FAA grant the requested exemption and 

are prepared to modify or amend any part of this request to satisfy the need for an equivalent 

level of safety. We look forward to working with your office. Please contact us at any time if 

additional information or clarifications are needed. 

Sincerely, 

Brent C. Johns 

PO Box 576 

Murphy, OR 97533 

info@pxlmediastudios.com 

Website: www.PXLMediaStudios.com