March 8, 2016

Exemption Request Under Section 333 of the FAA Reform Act and Part 11 of the Federal

Aviation Regulations

Dear Sir/Madam:

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

and 14 C.F.R. Part11, Aerial Optics Unlimited Operator of the DJI Inspire 1 Unmanned Aircraft

Systems (UAS) seeks exemption from the Federal Aircraft Regulations (FARs) as described

below. This exemption will permit Jared Sutherland, sole proprietor of Aerial Optics Unlimited to

operate the described above UAS privately and commercially for the purpose of aerial

photography, videography, thermal imaging, research and development, and search and

rescue. Photo services will include videos and photographs of real estate, businesses and

events. This service provides a benefit to public acceptance and controlled integration into the

National Airspace System as well as the environmental benefits for the Ag community.

Operations by Aerial Optics Unlimited, will adhere to all applicable FARs , Airworthiness

directives, Notices to Airmen and Operator's Handbook. Aerial Optics Unlimited will operate in

controlled conditions, within visual line of sight at altitudes no higher than 400 ft. AGL. Any UAS

operated by Aerial Optics Unlimited will not exceed 55 lbs. Weight.

QUALIFICATIONS OF OPERATOR Jared Sutherland of Aerial Optics Unlimited has many

hours of UAV multi rotor piloting experience and has experience in videography and

photography for non commercial use. Jared Sutherland will be the operator and have

responsibility to maintain safe operations. Aerial Optics Unlimited will be safe and professional

in business operations and maintain awareness of piloted aircraft and promote safe guidelines

for integration of UAS into National Airspace System. Speedy approval would be greatly

appreciated as my livelihood is at stake and is reliant upon this exemption being granted. Thank

you for your speedy consideration and approval.

Applicant:

Aerial Optics Unlimited

907 Perdock Ct.

Washington, IA 52353

Jared Sutherland

Phone: 319­458­9889

email: Sutherlandsenterprises@gmail.com

1 Regulations from which exemption is requested are as follows: 14 CFR Part 21; 14 CFR

91.203(a) & (b); 14 CFR 45.23 14 CFR 61.113 14 CFR Part 91.7(a) ; 14 CFR. Part 91.9(b)(2);

14 CFR 91.107; 14 CFR 91.109; 14 CFR 91.121(a); 14 CFR. 91.119; 14 CFR 91.105; 14 CFR

91.151(a); 14 CFR 91.405(a); 14 CFR 91.407(a)(1); 14 CFR 91.409(a)(2); 14 CFR 91.417(a)

Justification for exemption from above regulations:
14 C.F.R. Subpart H: Airworthiness Certificates 14 C.F.R. & 91.203(a)(1)

Section 91.203(a)(1) requires all civil aircraft to have a certificate of airworthiness. Part

21,Subpart H, entitled Airworthiness Certificates, establishes procedural requirements for the

issuance of airworthiness certificates as required by FAR 91.203(a)(1). Given the size of the

aircraft and limited operating area associated with its use, it would be unnecessary to go

through the certificate of airworthiness process under Part 21 Subpart H to achieve current

safety levels. An exemption meets the requirements of an equivalent level of safety under Part

11 and Section 333 of the Reform Act. The FAA and Section 333 of the Reform Act both

authorize the FAA to exempt aircraft from the requirement for an airworthiness certificate, upon

consideration of the size, weight, speed, operational capability and proximity to airports and

populated areas of the UAS.

14 C.F.R. 45.23 Identification, markings, placard:

This regulation requires certain dimensions and requirements for markings to be displayed on

aircraft. Due to small size of UAS this requirement would be impractical. An equivalent level can

be displayed in small letters where the word “experimental” can be placed on in compliance with

CFR 45.29 (f).

14 C.F.R. 61.113 (a),(b) Private pilot privileges and limitations: Pilot in Command

This regulation states that no person who holds a private pilot certificate may act as 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. Requiring a

commercial pilot certificate would not be necessary for UAS operation. Operator of Aerial Optics

Unlimited is familiar with operations and safety issues involved in operating in National Air

Space.

14 C.F.R. 91.7(a): Civil aircraft airworthiness.

This regulation requires that no person may operate a civil aircraft unless it is in airworthy

condition, Should the exemption be granted allowing commercial operation of the UAS without

an airworthiness certificate, no standard will exist for airworthiness of the UAS. Given the size of

the aircraft and the requirements that already have been met in the approved standard

operating procedure including maintenance , inspection manual and safety checklist will be

achieved by following compliance with the DJI operating manual prior to flight.

14 C.F.R. 91.9(b)(2): Civil Aircraft Flight Manual in the aircraft.

This regulation provides: No person may operate a US registered civil aircraft...for which an

airplane or rotorcraft flight manual is not required by 21.5 of this chapter, unless there is an

available one in the aircraft a current approved airplane or rotorcraft flight manual, approved

manual material, markings, placards, or any combination thereof. The equivalent compliance

will be achieved by keeping the flight manual in possession of the pilot flying the UAS enabling

immediate access.

14 C.F.R. 91.107 Pilot/passenger restraint systems.
This regulation requires restraint systems for pilots/passengers. This reg would not apply to

UAS aircraft used by Aerial Optics Unlimited

14 C.F.R. 91.109 Flight Instruction

This regulation provides that no person may operate a civil aircraft (except for free balloon) that

is being used for flight instruction unless that aircraft has fully functioning dual controls. The

UAS does not have dual controls. The FAA has approved exemptions in the past for

experimental aircraft. Flight instruction for UAS would be with instructor standing next to student

who can easily take control box from student to ensure safe flight of UAS. This would be an

equivalent level of safety.

14 C.F.R. 91.121(a) Altimeter

This regulation requires an aircraft be operated referenced to an altimeter set to proper

barometric pressure. This would not apply to UAS since it would not be at cruising altitudes and

it would not be operated above 400 feet AGL. Altitude is controlled with GPS data transmitted to

pilot of the UAS.

14 C.F.R. 91.319(a)(1) Flight Instruction

This regulation requires dual controls for flight instruction. Although dual controls are not

available, equivalent training can be accomplished with instructor standing next to student

where the instructor is able to take control of UAS with hand held transmitter.

14 C.F.R 91.119 Minimum safe altitudes

Since our UASs are vertical takeoff and landing and can hover we request to operate in

accordance with 91.119(d). Right of way will be given to all manned aircraft. All affected persons

will be notified of flights including property owner.

14 C.F.R. 91.151(a) Fuel Requirements for Flight in VFR conditions.

This regulation requires 30 min. of fuel (daylight) and 20 minutes (night) from point of intended

landing. UAS equivalent safety can be obtained by landing when 25% battery power remains

which is transmitted to the UAS pilot from the aircraft. There is no pilot on board the UAS, so

even if it lost power, the UAS will slowly descend to a gentle landing. So the risk of injury or

damage is slight to non existent compared to power failure of a full size aircraft.

14 C.F.R. 91.203(a) & (b) Carrying Civil Aircraft Registration

This regulation requires an airworthiness certificate to be displayed in the aircraft. The UAS is

too small to carry such documents. Any certificate or document required from the FAA would be

in possession of UAS pilot and can be presented to anyone needing to see it.

14 C.F.R 91.405(a), 407(a)(1), 409(a)(2), 417(a) Maintenance Inspections

Section 91.405 requires that an aircraft owner “shall have that aircraft inspected as prescribed in

subpart E of this part and shall between required inspections, except as provided in paragraph

(c) of this section, have discrepancies repaired as prescribed in part 43 of this chapter...”
Section 91,407 makes reference to requirements in Part 43, Section 91.409(a)(2) requires an

annual inspection for the issuance of an airworthiness certificate.

Aerial Optics Unlimited will maintain and inspect the UAS by complying with manufacturer (DJI)

recommendations in manual and applying any software updates. A pre­flight checklist will be

used before each flight to insure the UAS is safe to fly.

Aerial Optics Unlimited Operating and Safety Procedures UAS operated will be the DJI Inspire

which commonly used and has been approved for 333 Exemption many times already. All

safety features will be regularly used such as propeller blade guards, Return To Home,

Geofencing, Live Tracking, Fail safe takeoff and landing, bright red and yellow reflective visibility

markings, etc. If any information is lacking PLEASE contact me speedily as this exemption is

extremely important to my business survival and to the success of those that are requesting my

services. Thank you.