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 1 of 9 10971 FOUR SEASONS PLACE, MB8, CROWN POINT, IN 46307 (219) 381-4484

10971 Four Seasons Place, MB8

Crown Point, IN 46307 
AerOptix 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 

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11,000hrs 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.

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AerOptix 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:

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• 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 

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UAS 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.

Page 6 of 9 10971 FOUR SEASONS PLACE, MB8, CROWN POINT, IN 46307 (219) 381-4484
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 difficult 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.

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14 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 offer 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 traffic, 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 8 of 9 10971 FOUR SEASONS PLACE, MB8, CROWN POINT, IN 46307 (219) 381-4484
CFR 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 immediate 

landing 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 affixed 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.

Page 9 of 9 10971 FOUR SEASONS PLACE, MB8, CROWN POINT, IN 46307 (219) 381-4484