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U.S. Department of Transportation

Docket Management System

1200 New Jersey Ave., SE

Washington, DC 20590

AeroOptix’s Petition for Exemption to Operate Unmanned Aircraft Systems 

Pursuant to Section 333 of the FAA Modernization and Reform Act of 2012

Purposed Use:

Proposed Aircraft: 

Petitioner’s Name and Address: 

Aerial Photography, Closed –Set Filming 

In The Motion Picture and Television 

Industries

DJI S1000 with DJI A2 Flight Computer

Chris Kunkle DBA AeroOptix

Po Box 1809

Santa Ynez, CA 93460

Phone: 805.350.0499

Email: ckunkle@aerooptix.com
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I. Summary

Pursuant to Section 333(a) through (c) (“Section 333”) of the FAA Modernization and 

Reform Act of 2012 (‘Reform Act’) and the Federal Aviation Administrations’ (“FAA”) 

general exemption authority under 49 U.S.C. §447019F0, Chris Kunkle dBA AeroOptix 

(“Petitioner”) petitions for exemption from 14 Code of Federal Regulations (“CFR”) 

sections: 61.113(a) & (b), 61.133(a), 91.7(a), 91.9(b)(2), 91.103(b)(1), 91.119(c), 91.121, 

91.151, 91.203(a) & (b), 91.405(a), 91.407(a)(1), 91.409(a)(2), 91.417(a) & (b). The 

proposed exemptions, if granted, would allow Petitioner to operate small unmanned 

aircraft systems (“UAS”) weighing 55 pounds or less for the purpose of aerial 

photography and closed-set filming for motion pictures, music videos, web videos, 

corporate videos, real estate marketing videos, television programs and commercials, and 

still photography. Additionally the collection of agriculture and conservation supporting 

scientific data in FAA approved COA’s.

Based on the size of the Petitioner’s UAS, the qualifications and the experience of the 

Petitioner’s UAS operators, and the restricted, sterile environment within which the 

Petitioner will operate, the requested exemptions fall squarely within the zone of safety 

envisioned by Congress and set forth in Section 333. Additionally, enhanced safety 

achieved by replacing significantly larger manned aircraft carrying crew and flammable 

fuel with small UAS carrying no passengers or crew and operated under specific 

guidelines and procedures proposed by Petitioner, gives the FAA good cause to find the 

UAS operations enable by this petition are in the publics best interest. Moreover, the 

requested exemptions are similar in all the material aspects to the request for which 

exemptions have been previously granted, e.g., Exemption Nos. 11289, 11062, 11109, 

111112, 11213. Thus, the requested exemptions should be granted.

II. Identity of Petitioner

Chris Kunkle dBA AeroOptix is a California based sole proprietorship owed and 

operated by a certified pilot and small business owner. The owner has over 15 years in 

the aviation industry and understands the safety and importance of following strict 

guidelines.

III. Statutory Authority for Exemption

The Administrator of the Federal Aviation Administration (“FAA”) possesses both 

general and specific authority to grant the requested exemption.

First, the FAA Administrator may exempt an operator from FAA safety regulations and 

minimum standards when the Administrator concludes the exemption is in the public 

interest. See 49U.S.C. §§ 106(f), 40113, 44701(±) (permitting exemptions from §§ 

44701(a), (b) and §§ 44702-44716, et seq.). A party requesting an exemption must 

explain why the exemption: (1) would benefit the public as a whole, and (2) would not 

adversely affect safety (or how it would provide a level of safety at least equal to the 

existing rules). See 14 C.F.R. § 11.81 (petitions for exemptions).
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Second, Section 333 of the Reform Act specifically authorizes the FAA Administrator to 

grant exemptions for the operation of UAS. Indeed, the Reform Act directs the 

Administrator to (1) undertake formal rulemaking to speed up the integration of UAS into 

the national airspace (‘NAS”) but in the meanwhile, (2) to permit unmanned aircraft 

systems to operate in the NAS if doing is in the publics best interest, does not pose a 

threat to national security, and does not create a hazard to users of the NAS, taking into 

consideration the following:

 The UAS’s size, weight, speed,, and operational capability.

 How close the UAS would operate to airports and populated areas. 

 That the operator would keep the UAS in his direct, visual line of sight.

 Thus, the FAA has full authority to grant the requested exemptions.

Specific Regulations for Which an Exemption is Sought

IV. Petitioner requests exemptions from the following regulations:

Section 61.113 prescribes the “no person who holds a private pilot certificate may act as a 

pilot in command of an aircraft that is carrying passengers or property for compensation 

or hire; nor may that person, for compensation or hire, act as pilot in command of an 

aircraft,” (see Section 61.113(a)), and that “private pilot may, for compensation or hire, 

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,” (see Section 61.113(b)).

Section 61.133(a) sets forth privileges for persons holding commercial pilot certificates, 

including a prevision impliedly limiting to persons holding a commercial pilot certificate 

the ability to act as pilot in command of an aircraft “[f] or compensation or hire.”

Section 91.103(b)(1) prescribes, in pertinent part, that each pilot in command shall, 

before beginning a flight, become familiar with all available information concerning that 

flight, to include, “for any flight, runway lengths at airports of intended October 1, 2014 

use, and the following takeoff and landing distance information:... For civil aircraft for 

which approved Airplane or 5 Rotorcraft Flight Manual containing takeoff and landing 

distance data is required, the takeoff and landing distance date contained therein.”

Section 91.119(c) prescribes that, except when necessary for takeoff or landing, no 

person may operate an aircraft below the following altitudes: “Over other than congested 

areas. An Altitude of 500 feet above the service, except over open water or sparsely 

populated areas. In those cases, the aircraft may not be operated closer than 500 feet to 

any person, vessel, vehicle, or structure. 

Section 91.121 requires, in pertinent part, each person operating an aircraft to maintain 

cruising altitude by reference to an altimeter that is set “to the elevation of the departure 

airport or an appropriate altimeter setting available before departure.”
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Section 91.151(a) prescribes that no person may begin a flight in an airplane under VFR 

conditions unless (considering wind and forecast weather conditions) there is enough fuel 

to fly the first point of the 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 for at 

least 45 minutes.

Section 91.203 prohibits, in subpart (a), any person operating a civil aircraft unless it has 

within it (1) an appropriate and current airworthiness certificate; and (2) and effective 

U.S. registration certificate issued to its owner or, for operation within the United State, 

the second copy of the Aircraft Registration Application as provided for in October 1, 

§47.31(c). Section 91.203 prescribes, in subpart (b), that no person may operate a civil 

aircraft unless the airworthiness certificate or a special flight authorization issued under 

§91.715 is displayed at the cabin or cockpit entrance so that it is legible to the passengers 

or crew.

Section 91.405(a) requires, in pertinent part, that an aircraft operator or owner shall have 

the aircraft inspected as prescribed in subpart (e) of the same part and shall, between 

required inspections, except as provided in paragraph (c) of the same section, have 

discrepancies repaired as prescribed in Part 43 of the chapter.

Section 91.407(a)(1) prohibits, in pertinent part, any person from operating an aircraft 

that has undergone maintenance, preventative maintenance, rebuilding, or alteration 

unless it has been approved for return to service by a person authorized under §43.7 of 

the same chapter.

Section 91.409(a)(2) prescribes, in pertinent part, that no person may operate an aircraft 

unless, within the preceding 12 calendar months, it had an inspection for the issuance of 

an airworthiness certificate in accordance with part 21 of this chapter.

Sections 91.417(a) and (b) prescribes, in pertinent part, that-

(a) Each registered owner or operator shall keep the following records for the 

periods specified in paragraph (b) of this section:

1. Records of the maintenance, preventative maintenance, and alteration 

and records of the 100-hour, annual, progressive, and other or 

approved inspection, as appropriate, for each aircraft (including the 

airframe) and each engine, propeller, rotor, and appliance of an 

aircraft. The records must includei. A description (or reference to the data accepted to the 

Administrator) of the work performed; and 

ii. The date of completion of the work performed; and

iii. The signature, and certificate number of the person approving 

the aircraft for return for service

2. Records containing the following information:
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i. The total time in service of the airframe, each engine, each 

propeller, and each rotor.

ii. The current status of the life-limited parts of each airframe, 

engine, propeller, rotor, and appliance.

iii. The time since last overhaul of all items installed on the 

aircraft which are required to be overhauled on specific time 

basis.

iv. The current inspection status of the aircraft, including the time 

since the last inspection required by the inspection program 

under which the aircraft and its appliances are maintained.

v. The current status of applicable airworthiness directives (AD) 

and safety directives including, for each, the method of 

compliance, the AD or safety directive number and revision 

date, if the AD or safety directive involves recurring action, the 

time and date when the next action is required.

vi. Copies of the forms prescribed by §43.9(d) of this chapter for 

each major alternation to the airframe and currently installed 

engines, rotors, propellers, and appliances.

(b) The owner or operator shall retain the following records for the periods 

prescribed:

1. The records specified in paragraph (a)(1) of this section shall be 

retained until the work is repeated or superseded by the work for one 

year after the work is performed.

2. The records specified in paragraph (a)(2) of this section shall be 

retained and transferred with the aircraft at the time the aircraft is sold.

3. A list of defects furnished to a registered owner or operator under 

§43.11 of this chapter shall be retained until the defects are repaired 

and the aircraft is approved for return to service.

V. Petitioners Proposed Operations Satisfy Section 333

A. Unmanned Aircraft Systems

The UAS to be operated under this request are less than 55lbs. fully loaded, will be 

operated at a speed of no more than 87 knots (see e.g., Exemption No. 11289 (Birds Eye 

Solutions), p. 3, Condition (“C.”) 3), carry neither a pilot nor passenger, carry no 

explosive materials or flammable liquids, and operate exclusively within a secured area. 

Petitioner’s UAS use a radio frequency spectrum for operating and control that complies 

with Federal Communications Commission (“FCC”) requirements, and Petitioner has 

integrated safety features into the UAS, as described in the Film and Motion Picture 

Flight Operations Manual (“FMPFOM”) and Appendix A. Petitioner is tendering the 

FMPFOM under separate cover as a Confidential document as defined in 14 C.F.R. 

§11.35(b). The entire FMPFOM contains confidential commercial and proprietary 

information the Petitioner has not and shall not share. The Operating conditions and 

procedures contained in the Operations Manual are not available to the public and are 

protected from release under the Freedom of Information Act, 5 U.S.C. §552 et seq., and 
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any other requirements established by the FAA pursuant to Section 333 of the FAA 

Reform Act.

Petitioner’s UAS are equipped with redundant safety mechanisms allowing them to 

operate safely after experiencing certain in-flight failures. If a lost-link event occurs, 

including the loss of ground communications and/or the loss of a GPS signal, Petitioner’s 

UAS have the ability to perform a pre-coordinated, predictable, automated flight 

maneuver and return to a predetermined location within a designated security perimeter

for landing. The UAS further have the ability to abort flight in the event of unpredicted 

obstacles or emergencies. All flights will be terminated after maximum of 30 minutes or 

with 25% remaining battery power, whichever occurs first. Thus, good cause exists for 

granting Petitioner’s requested relief from 14 C.F.R. §91.151(a0 (setting forth fuel 

requirements for flight in VFR conditions).

Petitioner’s UAS will be identified by serial number, registered in accordance with 14 

C.F.R. Part 47, and have identification (N-Number) markings in accordance with 14 

C.F.R. Part 45, Subpart C. Markings will be as large as practicable.

Regarding Petitioner’s request relief from 14 C.F.R. §91.121 (Altimeter Settings), 

Petitioner seeks such relief because Petitioner will not have a typical barometric altimeter 

onboard the UAS. Instead, altitude information will be provided to the UAS PIC via a 

digitally encoded telemetric data feed, which downlinks from the aircraft to the groundbased on-screen display. The altitude information will be generated by equipment 

installed onboard the UAS, using GPS triangulation, digitally encoded barometric 

altimeter, radio altimeter, or any combination thereof. Prior to each light, a zero altitude 

initiation point will be established and confirmed for accuracy by the UAS PIC. Thus, 

good cause exists for granting the requested relief from C.F.R. §91.121.

Given the size, weight, speed, and limited operating area associated with the aircraft to be 

utilized by the applicant, an exemption from C.F.R. Part 21, Subpart H (Airworthiness 

Certificates), subject to certain conditions and limitations, is warranted (if necessary) and 

meets the requirements for equivalent level of safety under 14 C.F.R. Part 11 and Section 

333. The UAS operated without an airworthiness certificate in the restricted environment 

and under the conditions and limitations proposed by the Petitioner will be at least as 

safe, or safer, than a conventional aircraft (fixed or rotorcraft) operating with an 

airworthiness certificate issued under 14 C.F.R. Part 21, Subpart H, and not subject to the 

proposed limitations and conditions.

Petitioner will strictly comply with safety and maintenance procedures included in all 

applicable UAS manufacturer’s instructions and operating manuals. To the extent such 

information is not included in the guidelines developed by the manufactures, Petitioner 

will develop and document maintenance, overhaul, replacement, and inspection 

requirements, procedures to document and maintain maintenance records with regard to 

Petitioner’s UAS, and UAS technician qualification criteria. Petitioner’s operations 

manuals will include, maintenance requirements for petitioner’s UAS, including “oncondition’ maintenance and modifications. In light of these mitigation factors, 
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exemptions from 14 C.F.R. §§91.405(a), 91.407(a)(1) and 91.417(a) and (b) are 

warranted. 

B. UAS Pilot in Command

Petitioner’s UAS pilot in command (PIC) shall hold at least a recreational, sport pilot 

license, private or commercial pilots license, and valid driver’s license to satisfy the 

medical requirement. According to the FAA, “the FAA considers the overriding safety 

factor for the limited operations proposed by the petitioner to be the airmanship skills 

acquired through UAS-specific flight cycles, flight time, and specific make and model 

experience, culminating in verification through testing.” See exemption No. 11062, 

Regulatory Docket No. FAA-2014-0352, at p. 18. With those factors in mind, Petitioner’s 

UAS PIC shall be required to meet several conditions and limitations as outlined in the 

FMPFOM, including the following:

 The UAS PIC will have accumulated and logged a minimum of 200 flight cycles 

and 25 hours of total time as a UAS pilot and at least 10 hours logged as a UAS 

pilot with a similar US type (single blade or multirotor).

 The UAS PIC will have accumulated and logged a minimum of five hours of 

flight time with specific make and model of the UAS to be utilized for operations 

under the exemption and three takeoffs and landings in the preceding 90 days.

 The UAS PIC will have successfully completed the qualification process as 

specific in the operations manuals, to include a knowledge and skill set.

Regarding Petitioner’s requested relief from 14 C.F.R. § 91.7(a), it is Petitioner’s 

understanding that Petitioner’s UAS will not require an airworthiness certificate in 

accordance with 14 C.F.R Part 21, Subpart H, and that exemption from 14 C.F.R. § 

91.7(a) is therefore unnecessary. To the extent such an exemption is deemed necessary, 

Petitioner asserts that it should be granted in light of the safety of the procedures 

proposed herein. In accordance with the pertinent part of 14 C.F.R. § 91.7(b), the 

operator in command of Petitioner’s UAS shall be responsible for determining whether 

the aircraft is in safe condition for flight. Petitioner’s manuals for maintenance and 

operations shall include safety checklists to be used by the operator in command prior to 

each flight.

Regarding Petitioner’s requested relief from 14 C.F.R. §91.9(b)(2) (Civil aircraft flight 

manual, marking, and placard and requirements §91.203(a) and (b), (Civil aircraft: 

certifications required), it Petitioner’s understanding the relief from there regulation is no 

longer necessary in light of the FAA Memorandum “Interpretation regarding whether 

certain required documents may be kept at the unmanned aircraft’s control station.,” 

dated August 8, 2014. To the extent the FAA deems an exemption from this section 

necessary for Petitioner’s proposed operations, such exemption should be granted in light 

of the mitigation fact that Petitioner will maintain the documents required under 14 

C.F.R. §§91.0 and 91.203 at the UAS ground control station during flights. Additionally, 

100% of the Petitioners operations will utilize a visual observer (‘VO”). The Vo may be 

used to satisfy the VLOS requirement as long as the PIC always maintains VLOS 
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capability. The VO and the PIC will be able to communicate verbally at all times during 

operational flights.

Regarding Petitioner’s requested relief from 14 C.F.R. §91.103(b)(1), Petitioner will 

comply with the other applicable procedures and requirements stated in § 91.103(a) and 

(b). Specifically, the PIC will take all actions including weather, flight battery 

requirements, aircraft performance data, and landing and takeoff distances before 

initiation of flight. The PIC will also account for all relevant site-specific conditions in 

their preflight procedures. Risks presented by sun glare will be mitigated by the PIC and 

the VO’s ability to see other air traffic and initiate a return-to-home sequence if needed.

C. Operating Parameters of Petitioner’s UAS

Petitioner’s UAS operations will be conducted within a sterile environment of closed-set 

filming. In this controlled environment, Petitioner’s operations will remain within VLOS 

of the PIC and Vo, below 400 feet AGL, and at speeds below 87 knots. See Exemption 

No. 11289, p 3, C. 3,4) only participating persons will be permitted within the operating 

area. Consistent with the relief typically provided to manned operations under FAA 

Order 8900.1, Volume 3, Chapter 8, Section 1, Petitioner request relief from 14 C.F.R. 

§91.119© with respect to those participating persons, vehicles, and structures directly 

involved in the performance of the actual filming. Regarding distance from participating 

persons, the operations manuals set forth safety factors for authorized and consenting 

production personnel. Because those procedures are specific to participating persons, no 

further FSDO or aviation safety approval is necessary for reductions to the distances 

specified in the Petitioner’s manual.

Regarding the distance from nonparticipating persons, Petitioner will ensure that no 

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

involved and necessary for the filming production, with the possibility of reducing this 

distance to no less than 200 feet if it would not adversely affect safety and the 

Administrator has approved it. This is consistent with FAA Order 8900.1, V3, C8, S1.

Petitioner will not conduct UAS operations within 5 nautical miles of the geographic of a 

non-towered airport unless a letter of agreement with that airport’s management is 

obtained and the operation is conducted in accordance with a Notice to Airman 

(“NOTAM”). Additionally, Petitioner will not operate in Class B, C or D 13 airspace 

without a written approval from the FAA. Nor will Petitioner operate less than 500 feet 

below or less than 2,000 feet horizontally from cloud or when visibility is less than 3 

statute miles from PIC.

Petitioner’s UAS will remain clear and yield the right of way to all manned operations 

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

activities, parasailing, activities, and hang gliders).

Although the Petitioner seeks to comply with the waiver process as described in the FAA 

Order 8900.1, V3, C8, S1 (Issue a Certificate of Waiver for Motion Picture and 
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Television Filming), the current section of Order 8900.1 has specific processes that 

preclude a jurisdictional FAA FSDO from issuing the required Certificate of Waiver, 

because the section did not originally provide for UAS operations. Thus, Petitioner seeks 

exceptions from the applicable regulations normally waived during that process. 

Petitioner proposes that the FAA include the require notifications and coordination with 

the jurisdictional FSDOs through the conditions and limitations accompanying the 

requested exemption, and the exemption sought herein will take the place of the 

Certificate of Waiver normally issued by a jurisdictional FSDO under 8900.1. Under this 

rubric, Petitioner will notify every FSDO with jurisdiction over the area that the 

Petitioner plans to operate, just as with manned filming operations, and those FSDOs will 

have the ability to coordinate further conditions and limitations with the UAS Integration 

Office to address any local concerns.

Petitioner will obtain an Air Traffic Organization (“ATO”) issued Certificate of Waiver 

or Authorization (“COA”) prior to conduction any operations under this grant of 

exemption. In Fulfilling its requirements under the COA, Petitioner will be required to 

request a NOTAM not more than 72 hours in advance, but not less than 48 hours prior to 

operation.

D. The Requested Exemption Promotes the Public Interest

The enhanced safety achieved by replacing significantly larger manned aircraft carrying 

crew and flammable fuel with small UAS carrying no passengers and no crew and 

operating under specific guidelines and procedures proposed by Petitioner gives the FAA 

good cause to find that the UAS operations enabled by the instant Petition are in the 

public interest. Moreover, as the FAA has already recognized, “UAS provide an 

additional tool for the filmmaking industry, Agriculture and Conservation adding a 

greater degree of flexibility, which supplements the current capabilities offered by 

manned aircraft.” See Exemption No. 11062, Regulatory Docket No. FAA-2014-0352, at 

p. 22.

VI. Privacy

All flights will occur over private property or controlled access property with the 

property owner’s prior consent and knowledge. Filming will be of people who have also 

consented to being filmed or otherwise have agreed to be in area where filming will take 

place.

VII. Conclusion

For the reasons explained above, the regulatory exemptions requested should be granted, 

and Petitioner should be permitted to conduct small UAS operations for the purpose of 

closed-set filming for motion pictures, music videos, web videos, corporate videos, real 

estate marketing videos, television programs and commercials, and still photography

using DJI S1000 with DJI A2 Flight Computer.
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Respectfully submitted,

Chris Kunkle dBA AeroOptix

/s/ Chris Kunkle

Chris Kunkle

President

Appendix A – Flight Manual
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Flight Restrictions

1. No flight will be made with a UAS gross weight exceeding 55 pounds;

2. All operations must occur in FAA approved airspace at no more than 400 feet AGL, at an 

airspeed of no more that 87 knots and no further than 3⁄4 NM from PIC;

3. All operations must utilize a visual observer (VO). The VO and the PIC must be able to 

communicate verbally at all times during a flight operation;

4. Operations will be restricted to flight over private property with the permission of the 

property owner;

5. The PIC must have accumulated and logged, in a matter consistent with 14 C.F.R. § 

91.61.51(b), a minimum of 100 flight cycles and 25 hours of total time as a UA rotorcraft 

pilot and at least ten hours logged as a UA pilot with similar UA type.;

6. All required permits will be obtained from state and local government prior to operation;

7. The UA will not be operated over densely populated areas;

8. The UA will not be operated at airshows;

9. The UA will not be operated over any open air assembly of people;

10. The UA will not be operated heavily trafficked roads;

11. The UA will not be operated within 5 NM of an airport or heliport without written 

permission from the Airport Manager;

12. Operations will be restricted to day and weather conditions equivalent to VFR;

13. The PIC will brief the VO and property owner about the operations and risk before the 

first flight at each new location

14. No flight may be made without a successful Pre-Flight Inspection by the PIC before each 

operation to ascertain that the UA Is in a condition safe for flight.

PIC Should Verify The Following Items Before Starting The Pre-Flight Process

1. Verify COA is Approved

2. Verify NOTAM Filed (if applicable)

3. Verify FSDO coordination completed

4. Verify closest Unicom/Tower Frequency for monitoring

Pre-Flight Checklist

1. Check UA battery health using Hyperion EOS Sentry Battery Checker, confirming 

battery percentage is suitable for mission;

2. Check all wiring connections are tight;

3. Check all propellers are undamaged and no cracks exist in any structural members of the 

UA;

4. Turn radio controller on, move all control switches to forward or UP position and throttle 

control stick to natural position;

5. Plug in battery pack to UA

6. Await status light to confirm that UA has connected to GPS satellites (no red flashes) and 

proper light sequence for desired flight mode;

7. Turn on camera.

Pre-Takeoff Checklist

1. Confirm navigations boom lights; 

2. Confirm VO is ready;

3. Confirm area cleared of all non-essential personnel.