May 1, 2015

U.S. Department of Transportation Docket Management System 1200 New Jersey AVE., SE Washington, DC 20590

RE: Exemption Request Under Section 333 of the FAA Reform Act and Part 11 of the Federal Aviation Regulations

To Whom It May Concern:

Pursuant to Section 333 of the FAA Modernization and Reform Act of 2012 ("FAA Reform Act') and 14 C.F.R. Part 11, AerOptix, LLC hereby requests an exemption from Federal Aviation Regulations ("FARs") listed below to allow operation of our Small Unmanned Aircraft Systems (sUASs) commercially in airspace regulated by the Federal Aviation Administration (FAA) so long as such operations are conducted with and under the conditions outlined herein or as may be established by the FAA as required by Section 333.

This exemption is in accordance with protocols outlined in this petition for exemption, the enclosed AerOptix Operations Manual, AerOptix Flight Training Manual, and upon request the DJI UAS manufacturer's operations and/or instructions manual, DJI UAS User’s Manuals, DJI UAS Quick Start Guides, DJI "Phantom Pilot Training Guide" and any other requirements established by the FAA pursuant to Section 333 of the Reform Act.

This exemption would permit commercial operation by AerOptix, which uses a DJI Phantom 2 Vision plus, DJI Phantom 3 (a new type but almost identical to the proven sUAS type already granted with Exemption 11300), and DJI Inspire 1, to conduct sUAS aerial data collection. AerOptix's operation under the exemption will be subject to strict operating requirements and conditions to ensure an equivalent level of safety to currently authorized operations using manned aircraft and under conditions as may be modified by the FAA as required by Section 333.

Page of 1 9 10971 FOUR SEASONS PLACE, MB8, CROWN POINT, IN 46307 (219) 381-4484 10971 Four Seasons Place, MB8 Crown Point, IN 46307AerOptix wishes to pursue this request exemption so as to enable commercial interests within industries related to real estate, marketing, surveying, aerial photography/videography, construction sight monitoring, pipeline surveying and inspection, Law Enforcement investigations, emergency services site management in cases of natural and manmade disasters as well as search and rescue, environmental monitoring, power lines, communications towers, wind turbines, and surveying tasks such as precision agriculture, mining, transportation, and forestry.

The FAA has issued grants of exemption in circumstances similar in all material respects to those presented in our petition. In Grants of Exemption Nos. 11300, 11330, 11062 to Astraeus Aerial (see Docket No. FAA

− 2014

− 0352), 11109 to Clayco, Inc. (see Docket No. FAA

− 2014

− 0507), 11112 to VDOS Global, LLC (see Docket No. FAA

− 2014

− 0382), and 11213 to Aeryon Labs, Inc. (see Docket No. FAA

− 2014

− 0642), the FAA found that the enhanced safety achieved using an unmanned aircraft (UA) with the specifications described by the petitioner and carrying no passengers or crew, rather than a manned aircraft of significantly greater proportions, carrying crew in addition to flammable fuel, gives the FAA good cause to find that the UAS operation enabled by this exemption is in the public interest.

Operations will be in compliance with AerOptix Operational Manual. AerOptix would like to specifically request exemptions from 14 CFR 21, 14 CFR 91.203, 14 CFR 45.23, 14 CFR 45.29, 14 CFR 91.9, 14 CFR 61.113, 14 CFR 91.109, 14 CFR 91.119, 14 CFR 91.121, 14 CFR 91.151, 14 CFR Subpart E (91.401- 91.417). These regulations will be listed in an itemized form below. 14 CFR21 14 CFR 91.203 14 CFR45.23 14 CFR45.29 14 CFR 91.9 14 CFR 61.113 14 CFR 91.109 14 CFR 91.119 14 CFR 91.121 14 CFR 91.151 14 CFR 91.401-91.417

The primary PIC will be Chief-Operating-Officer (COO) and Chief Pilot Dennis Dickinson. Other PIC's may be considered if currently qualified as a FAA certified pilot (with a minimum of a Sport or Recreational Certified Pilot) that COO and Chief Pilot deems satisfactorily able to 1) strictly fly within AerOptix Operational Manual and 2) has passed "AerOptix PIC Qualification Standards" dictated within our Flight Training Manual. COO Dickinson is an ATP with over

Page of 2 9 10971 FOUR SEASONS PLACE, MB8, CROWN POINT, IN 46307 (219) 381-448411,000hrs and is currently a major airline pilot with over 17 years of Part 121 experience within the National Airspace System (NAS), and 4 years of flight instruction. He has 9 years of RC model aircraft flying and more than 15hrs recently with a DJI Phantom II. He is very familiar with CRM, safety standards and the FARs. These experiences will be applied to AerOptix's flight operation and explained within AerOtix's Operations Manual and AerOptix's Flight Training Manual (labeled confidential below).

PIC requirements will be: 1. A minimum of a Sport or Recreational FAA pilots certificate 2. FAA medical certificate or valid US driver's license and wear corrective lenses if needed. 3. Must meet flight review requirements specified in 61.56 for their rating. 4. Have at least 25hrs of multi-rotor sUAS experience, of which, a minimum of 5hrs must be in each sUAS type (ie DJI Phantom series or DJI Inspire 1). To maintain currency PIC must log 2hr and 3 take-offs and landings every 90 days.

The name and address of the applicant are:



### AerOptix, LLC ATTN: Dennis Dickinson (COO & Chief Pilot) Business Phone: (844) UAV PROS email: dennisdickinson@icloud.com Business Address: AerOptix, LLC 10971 Four Seasons Pl, MB8 Crown Point, IN 46307 Address: 8416 Doubletree Dr. N Crown Point, IN 46307 Phone: 219-381-4484

Radio transmission will be in compliance with all FCC regulations. They are 5.8 GHz Remote Controller Receiver, Flight Control System and 2.4 GHz Wi-Fi Module are inside the sUAS's.

Paperwork: The ground control station will always include a copy of the pilot’s license, AerOptix Operations Manual, DJI User Manuals, AerOptix Flight Training Manual as amended with conditions or limitations scripted by the FAA, copy of the granted exemption, pursuant to the grant of this exemption by the FAA, copy of the insurance certificate, business cards and any other relevant paper work for the specific event.

Page of 3 9 10971 FOUR SEASONS PLACE, MB8, CROWN POINT, IN 46307 (219) 381-4484AerOptix Standard Operating Procedures will be as follows:

• All sUAS operated by AerOptix will weigh less than 55lbs, including payload.

• sUAS will not be operated at speeds exceeding 100mph (87kts) groundspeed. In no case will we operate above the maximum speeds recommended by the manufacture.

• sUAS will not be operated at an altitude greater than 400ft (AGL) above ground level.

• We will always operate the sUAS within visual line of sight (VLOS) of the PIC at all times. No human vision unaided devices will be used (other than corrective lenses, as specified on the PIC's FAA-issued airman medical certificate or US driver's license.)

• All operations will be conducted with a visual observer (VO). The sUAS will remain within VLOS of both the PIC and VO. Communication will always remain within verbal means between PIC and VO without the aid of electronic devices. Transferring PIC during the duration of a flight will be prohibited.

• We will always abide by flying within the limits of our Operating Manual. However, the conditions and limitations stated in this exemption will always take precedence and must be followed should there be a discrepancy. AerOptix may revise and update the Operating Manual.

• Our Operating documents will always be available to the Administrator and law enforcement official upon request.

• Any sUAS under our control needing maintenance or alterations that effect its operation or flight characteristics will undergo a functional test flight (remaining 500ft from other people) prior to any commercialized use (in accordance to this exemption ). A PIC and VO must conduct the test flight.

• AerOptix is responsible for maintaining and inspecting the sUASs to ensure they are in a condition for safe operation.

• The PIC will conduct a pre-flight inspection for each flight taking into account all potential discrepancies. If anything is found that could effect the safe operation the sUAS will be prohibited from flight.

• We will follow manufacture's User Manuals and any safety bulletins.

• All operations will be conducted during the day and under VFR (visual flight rules).

• We will not conduct any operations within 5 miles from any airport (ARP reference) unless a LOA (letter of agreement) with that airport's management is obtained (if permitted by a COA).

• We will always give way to manned aircraft.

• We will not operate less than 500ft below, 2000ft horizontally from any cloud. We will not operate when visibility is less than 3 miles.

• Batteries are a critical component of the all electric sUAV's. As such:

Page of 4 9 10971 FOUR SEASONS PLACE, MB8, CROWN POINT, IN 46307 (219) 381-4484• If signal is lost or Low Battery Warning is issued, sUAS will return to "Home Position."

• Our sUAS will operate allowing for enough battery power for the intended operation and then have enough "reserve power" to operate for a further 5min. PIC must account for forecasted weather and wind.

• Any Flight Battery indicating 20-30% remaining battery life (one blinking LED1 light when checking battery life--per DJI User Manuals) will be retired from AerOptix flight operations.

• We will not conduct operations from a moving vehicle or device.

• We will always conduct operations 500ft from all nonparticipating persons, vessels, vehicles, and structures, unless, owner/controller of any vessels, vehicles, or structures has granted permission.

• All operations over property will have permission.

• Any incidents, accidents, or flight transgressions will be reported to the FAA's UAS Integration Office (AFS-80) within 24hrs. Any accidents will be reported to the NTSB.

AerOptix is submitting this petition on its own behalf. If the FAA requires any modifications to our AerOptix exemption request, we request the opportunity to amend this petition to include any modifications the FAA may require before granting or rejecting the petition for exemption. AerOptix will amend its petition to meet any additional standards for the integration of small UAS operation into the NAS.

AerOptix also requests that the FAA keep materials labeled "Confidential" from the public record for the purpose of maintaining our intellectual property.

Public Interest

Granting the requested exemption will benefit the public interest as a whole in many ways, including (1) significantly improving safety and reducing risk by alleviating human exposure to danger like from a helicopter or low flying aircraft, (2) improving the quality of services and decreasing clients' costs compared with conventional flight operations , (3) helping to create jobs within the local industry.

Aerial videography for geographical awareness, real estate marketing, construction sights, pipeline surveying, surveying tasks such as precision agriculture, mining, transportation, and forestry have been around for a long time through manned fixed wing aircraft and helicopters, but for small business owners, its expense has been cost-prohibitive. By granting this exemption we would be able to provide this service at a much lower cost. Further, our small

Page of 5 9 10971 FOUR SEASONS PLACE, MB8, CROWN POINT, IN 46307 (219) 381-4484UAS will pose no threat to the public given its small size and lack of combustible fuel when compared to larger manned aircraft.

We will have a positive impact on the public interest by providing services that are not available to the general public but are in high demand by both private and municipal parties.

AerOptix's respectfully request that the FAA grants this exemption request. Satisfaction of the criteria provided in Section 333 of the Reform Act of 2012-- size, weight, speed, operating capabilities, proximity to airports and populated areas and operation within visual line of sight with a highly experienced PIC – provide more than adequate justification for the grant of the requested exemptions allowing commercial operation of applicant’s UAS.

ATTACHED: Exemption Request And Equivalent Level of Safety AerOptix Operational Manual (confidential) AerOptix Flight Training Manual (confidential)

The above are submitted as Confidential Documents under 14 C.F.R. § 11.35(b) and exempt from disclosure under the Freedom of Information Act, 5 U.S.C. § 552 et seq., and any other requirements established by the FAA pursuant to Section 333 of the Reform Act

Available On Request: DJI User Manuals for Phantom II Vision +, DJI Phantom 3, and DJI Inspire 1 and also the DJI Phantom Pilot Training Guide.

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# Exemption Request and Equivalent Level of Safety

AerOptix requests an exemption from the following regulations as well as any additional regulations that may technically apply to the operation of the sUAV System:

14 CFR Part 21, Airworthiness Certificates This part establishes the procedures for the issuance of an airworthiness certificate. While the FAA continues to work to develop airworthiness standards for Unmanned Aerial Systems, we request an exemption be issued for the DJI Phantom 2 Vision Plus, DJI Phantom 3, and DJI Inspire 1 under either, or both, of the following provisions:

Given the size, weight, speed, and limited operating area associated with the sUAS, we feel an exemption from 14 CFR part 21, Subpart H (Airworthiness Certificates) and § 91.203(a) and (b) (Certifications required), subject to certain conditions and limitations, is warranted and meets the requirements for an equivalent level of safety under 14 CFR part 11 and Section 333 of P.L. 112-95 (Section 333).

14 CFR 45.23 Display of marks; general and 45.29 Size of marks We request an exemption from § 45.23 Marking of the aircraft because the UAS will not have a cabin, cockpit or pilot station on which to mark certain words or phrases. Further, the two-inch lettering is di ffi cult to place on such a small aircraft with dimensions smaller than the minimal lettering requirement. Regardless of this, we can mark the UAS in the largest possible lettering by placing the word “Experimental” on its fuselage as required by § 45.29(f) so that anyone will see the markings.

14 CFR 61.113 Private pilot privileges and limitations: Pilot in Command and 61.133 Commercial pilot privileges and limitations. The regulation provides that no person who holds a Private Pilot certificate may act as pilot in Command of an aircraft for compensation or hire. Subparagraph (b) allows a private pilot to act as pilot in command 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 or property for compensation or hire. Our proposed operations require that the PIC must hold at least a Sport or Recreational Pilot Certificate issued by the FAA and since the aircraft cannot carry passengers or property, we feel we meet the intent of 61.113 Subparagraph (b) even though the intent of this application is to conduct a business.

14 CFR 91.7 Prohibits the Operation of an aircraft without an airworthiness certificate. Prohibits the operation of an aircraft without an airworthiness certificate. Petitioner requests exemption based on previous Exemption No. 11138. The FAA has ruled that this make and model of aircraft (UAS) does not require an airworthiness certificate.

Page of 7 9 10971 FOUR SEASONS PLACE, MB8, CROWN POINT, IN 46307 (219) 381-448414 CFR 91.9 Civil aircraft flight manual, marking, and placard requirements.

We request an exemption from § 91.9(b)(2) which requires an aircraft flight manual in the aircraft, however since there are no pilots or passengers on board the aircraft and given its size, this regulation is inapplicable. We believe an equivalent level of safety will be achieved by maintaining a operations manual and flight training manual with the UAS ground station.

14 CFR 91.109 Flight Instruction; Simulated instrument flight and certain flight tests. The regulation states "No person may operate a civil aircraft that is being used for flight instruction unless that aircraft has fully functioning dual controls." The sUAS System ground-based control station consists of a hand-held radio transmitter and while it does not o ff er a second set of "controls", both the student and instructor can, and will, operate the single set of controls simultaneously. With both student and instructor having "hands-on" the controls during flight, this technique meets the intent 91.109 and provides an equivalent level of safety.

91.119 Minimum safe altitudes: General.

We request an exemption from § 91.119 which prescribes safe altitudes for the operation of civil aircraft, but it allows helicopters to be operated at lower altitudes in certain conditions. We will not operate our UAS above the altitude of 400 feet above ground level (AGL) and will also only operate in safe areas away from the (500ft away from any non-participating) people or property public and tra ffi c, thus “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 the UAS, an equivalent or higher level of safety will be achieved.

The majority of the operations proposed will operate around 100 to 150 feet AGL as this usually provides the best angle of capture for the type of photography and videography operations proposed.

The UAS utilized for this exemption is of exceptionally light weight and is not capable of speeds over 100mph . The UAS is equipped with GPS guided auto pilot with a return home function in case loss of control by the PIC and is powered by sealed batteries thereby reducing the chance of post impact fire to nearly zero.

There will be cases when the 500 foot to property will need to be exempted. (Example: Aerial Video of a 2 story home roof to determine and/or document extent of storm damage.) In this type of operation every assurance will be made to keep persons outside of a reasonable, safe, clear area of operations and will only be conducted with the express permission of the property owner.

We will implement procedures and policies to ensure that any person in the general vicinity of operations will be aware of such operations and ensure that all non-essential personnel are cleared of the area of operations

Page of 8 9 10971 FOUR SEASONS PLACE, MB8, CROWN POINT, IN 46307 (219) 381-4484CFR 91.121 Altimeter settings. The sUAS will always fly below 400 feet AGL and will not need to maintain cruising altitudes in order to prevent conflict with other aircraft.

We request relief from 91.121 for the following reason. The UAS is equipped with GPS derived altitude capability, however due to the limited altitude requested in this exemption, the FAA has previously granted Exemption for these types of operations. Reference Exemption No. 11138.

14 CFR 91.151 Fuel requirements for flight in VFR conditions.

We request an exemption from 91.151(a) Fuel requirements for flight in VFR conditions. The UAV is 100% electric and two low battery alerts are issued -per the operating documents, the UAV will be landed at the first alert. Also, our flights will last only around 20 minutes each, and the UAS has an automated function which results in immediatelanding when a low battery is detected. The PIC will not begin a flight unless (considering wind and forecast weather conditions) there is enough power to fly to the first point of intended landing and, assuming normal cruising speed, land the sUAS with 5min reserve battery power remaining.

14 CFR 91.203(a) & (b) Civil aircraft: Certifications required. To obtain an equivalent level of safety and meet the intent of 91.203, we propose that documents deemed appropriate for this aircraft by the FAA will be co-located with the crew at the ground control station and available for inspection upon request. In order to identify the aircraft, we propose that the information found on airworthiness and registration certificates be permanently a ffi xed to the aircraft via placard containing the following information plus the word "EXPERIMENTAL" to satisfy the requirement of 14 CFR 45.23.

14 CFR Subpart E 91.401- 91.417 - Maintenance, Preventive Maintenance, Alterations The regulation provides that the operator is primarily responsible for maintaining the aircraft in an airworthy condition, including compliance with part 39 and 43. Paragraphs 91.407 and 91.409 require that the aircraft be "approved for return to service by a person authorized under 43.7" after maintenance and inspection. It is our intention that the PIC perform maintenance and inspection of the aircraft and "be authorized to approve the aircraft for return to service." The PIC will ensure that the aircraft is in an airworthy condition prior to every flight and in addition conduct detailed inspections once a month. Maintenance performed by the PIC is limited to repairing small cracks, replacing a propeller, checking electrical connections and updating software and firmware for the on-board computer. All other maintenance will be performed by the manufacturer or their designated repair facility. The PIC will document work performed in accordance with 91.417. We feel that due to the size, construction, and simplicity of the aircraft, the PIC can ensure an equivalent level of safety.

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