Aerial Optics LLC

3120 106th AVE SW

Dickinson, ND 58601

Tel. 701-290-7713

Kelly_eddy_sykora@hotmail.com

U.S. Department of Transportation October 15, 2015

Docket Management System

1200 New Jersey AVE S.E.

Washington, D.C. 20590

Dear Sir or Madam:

Pursuant to Section 333 of the FAA Modernization and Reform Act of 2012 and 14 C.F.R. Part 11 

Aerial Optics LLC and operator of Small Unmanned (“sUAS”) equipped to take aerial 

photography/videography in the United States National Airspace for data collection purposes

applies for and exemption from the listed Federal Aviation Regulations to allow commercial 

operation of its sUASs, so long as such operations are conducted within and under the 

conditions outlined herein or as may be established by the FAA as required by Section 333.

Approval of exemption for Aerial Optics LLC will allow commercial operations of sUASs in low 

density populated areas in the National Airspace for aerial photography/videography. Aerial 

Optics LLC requests confidential treatment for certain information provided or information by 

request. Specifically, Aerial Optics LLC user manual, operating procedures, personal information 

related to PIC, including copy of his pilot license not be made public in order to protect his 

identity. These documents are not available to the public and are protected from release under 

the Freedom of Information Act 5 U.S.C. 552 et seq. 

For ease of viewing this petition refer to the table of contents which starts on page 2. If any 

additional information is needed please contact Aerial Optics LLC at 701-290-7713 or email at 

Kelly_eddy_sykora@hotail.com.
Summary

I. Summary

II. Aerial Optics LLC Contact information

III. Aerial Optics LLC Operations

A. The sUAS

B. Flight Conditions

C. Flight Operations

IV. Privacy

V. Aircraft and Equivalent Level of Safety

VI. Public Interest and Safety

VII. Regulations from Which Exemption is Requested

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

B. 14 C.F.R. 91.119(c) Minimum safe altitudes: General

C. 14 C.F.R. 91.121 Altimeter Settings 

D. 14 C.F.R. 91.151 Fuel requirements for flight in VFR conditions

E. 14 C.F.R. 91.405 (a) and (b) Maintenance Required

F. 14 C.F.R. 91.407 Operation after maintenance, preventive maintenance, 

rebuilding, or alteration

G. 14 C.F.R. 91.409 Inspections

H. 14 C.F.R. 91.417 Maintenance records

I. 14 C.F.R. 61.23 (a) and (c)

J. 14 C.F.R. 61.101 e 4 & 5, 61.113 a, 61.315

I. Summary 

Aerial Optics LLC seeks an exemption from the following rules:

91.7(a); 14; 14 C.F.R.91.119(b) and (c); 14 C.F.R. 121; 14 C.F.R. 91.151; 14 C.F.R. 14 C.F.R. 405 

(a) and (b); 14 C.F.R. 91.407; 14 C.F.R. 91.409; and 14 C.F.R. 91.417.

Approval of exemption for Aerial Optics LLC will allow commercial operations of sUAS’s in low 

density populated areas in the National Airspace for aerial photography and/or videography 

for data collection purposes. The primary pilot in command (PIC) is a certified commercial 

fixed wing pilot with 1000hours, and has a second class medical certificate with hundreds of 

hours working under part 137. The visual observer (VO) has over 100 hours experience with 

RC aircraft as a hobbyist and holds a valid U.S. driver’s license. Aerial Optics will never operate 

with without a PIC holding a minimum of a sport pilot’s license. The requested exemption 
should be granted because of proposed operation of the DJI Phantom 3, DJI Inspire, eXom, 

and precision hawk Hawkeye MKIII Lancaster. The DJI Phantom 3 UASs weighs 2lbs 13oz with 

full payload. DJI Inspire weighs 6.47lbs, the eXom weighs 3.9lbs with full pay load. The 

Lancaster weighs 5.3lbs full pay load. The DJI Phantom 3, DJI Inspire, eXom and precision 

hawk will allow for a cost efficient method of photo and videography, while not compromising 

safety. The 7 factors congress directed to the FAA to consider when approving Section 333 

exemptions petitions – size, weight, speed, operational capability, proximity to airports, 

proximity to populated areas, and operation within visual line of sight – each support the 

request. In particular, the aircraft are small and will operate at slow speeds, close to the 

ground, far from airports in a low risk, low population environment. In addition, the 

experience of the PIC will strongly benefit the safety of operations with the sUAS.

II. Contact Information

Aerial Optics LLC

3120 106th AVE SW 

Dickinson, ND 58601

Tel: 701-290-7713

Kelly_eddy_sykora@hotmail.com

III. Aerial Optics LLC Operations

The requested exemption will permit the operation of the DJI Phantom 3, DJI Inspire, 

eXom and precision hawk Hawkeye MKIII Lancaster. 

A. The sUAS

The sUAS will have the fallowing specifications:

Airframe: DJI Phantom 3 Professional

Weight: 2lbs 13oz

Batteries: 23 minute flight time, 68 Wh, 15.2 V

Camera: Sony EXMOR 1⁄2.3

Airframe: DJI Inspire

Weight: 6.47lbs.

Batteries: 18 minutes

Camera: X3 FC350
Airframe: eXom 

Weight: 3.9lbs. 

Flight Time: 22 minutes

Camera: 38MP Still images, HD (1280 x 720 pixels) Recorded on board or streamed, Thermal 

(80 x 60 pixels) overlaid on main camera stream, head nav cam VGA (640 x 480 pixels)

Airframe: Precision Hawkeye MKIII Lancaster

Weight: 3lbs. 

Flight Time: 31-60 minuets 

Camera: Visual 18.4 Megapixels, Multispectral (Narrowband Blue, Green, Red, Red Edge, 

Near-Infrared), at 1.2 megapixel, thermal infrared 640 x 512

All user manuals available upon request. 

B. Flight Conditions

The sUAS will be flown in airspace under 400 feet above ground level (AGL) and under 

controlled conditions in rural areas. Aerial Optics LLC will avoid congested and densely 

populated areas and will work with the local Flight Standard District Offices to 

determine safe areas to fly in. Aerial Optics LLC will operate its sUAS in VMC, 

meteorological conditions: no less than 500 feet below and no less than 2,000 feet 

horizontally from a cloud or when visibility at least 3 statute miles from the PIC. The 

flight crew will always make a safety assessment of the risk of every operation, and 

will only operate when it is determined that no undue hazards are present. 

C. Fight Operations 

Aerial Optics LLC will require that the sUAS is in line of sight for both PIC and visual 

observer (VO). Flights will never exceed 400 feet.

The week of the operation the flight crew will determine what safety precautions will 

be required, and if the site is safe to fly avoiding 5miles with in any airport or operating 

in congested areas unless we obtain a letter of agreement with the local airport. If 

unsure of any site Aerial Optics LLC will work with local airports and FSDO office. The 

crew will contact any neighbors that may be in the vicinity of the flight. The sUAS will 

be flown only over land that has permission from the land owner or the landowner’s 

agent. The notification will consist of time, place, and type of sUAS operation being 

conducted. The flight crew will conduct a safety briefing with the owners and/or 

agent.

The flight crew will obtain all aeronautical and weather data information before every 

flight to determine if conditions will remain VMC throughout the flight. 
Before the flight the flight crew will have an extensive safety briefing. They will discuss 

where and when each member will be, where the sUAS and what pattern the sUAS 

will be flown. The flight crew will wear bright clothing so each member can be easily 

visible. 

The fight crew will check all NOTAMS, and no fly zones. This prevents flights into 

restricted zones. Aerial Optics will avoid and take every precaution to avoid these 

zones.

Prior to flight, a pre-flight inspection of the sUAS will be completed. The flight crew 

will go through a pre-determined checklist before every flight to ensure nothing is 

ever overlooked.

The flight crew will determine the sUAS designated takeoff/ landing area. It will be 

marked with a mobile pad that will be brightly colored and marked. Bright cones will 

be placed 20feet away from landing pad to ensure a safe distance from sUAS. 

During flight operations if any connection is lost between sUAS and controller unit it 

will automatically recognize a lost connection and return the sUAS to the designated 

landing area by GPS. For inquiring any more information on sUAS’s fail safe functions, 

refer to the DJI, eXom and precision hawk flight manual that is available at request. 

The Flight crew will conduct a post flight inspection of the sUAS. The crew will go 

through a pre-determined post flight checklist, as well as logging flight times. 

The sUAS will never be flown in wind that may cause any safety issues. Aerial Optics 

will never operate in conditions with less than 10miles visibility and 2500foot AGL 

ceiling. 

Flight time will be limited to 75% of the battery life.

IV. Privacy

There is no concerns that Aerial Optics use of the sUAS will cause any issues of 

invasions of privacy. All flights will occur with permissions from land owners, and 

neighboring persons will be contacted in advanced to flight. The only 

photography/videography will be of the people/property will be the persons that hire 

Aerial Optics. 

V. Aircraft and Equivalent level of safety

These are limitations Aerial Optics LLC will agree to operate while conducting 

commercial applications under the exemption:

1. The sUAS will weigh less than 50lbs.

2. All flights will be operated in VMC

3. Flights will be operated with in line of sight of PIC and VO
4. Maximum flight time will be 75% of battery life, this data will be timed and is 

visible through live feed.

5. The sUAS will always remain clear and give way to all manned operations.

6. Flights will be no higher than 400ft AGL

7. Minimum crew will be PIC and VO

8. A pre-flight checklist, post-flight checklist and log time book will be kept for every 

flight.

9. Every flight will have a safety briefing for all crew members

10. Aerial Optics will request a NOTAM no more than 72 hours in advanced. 

11. A copy of the PIC medical certificate and license can be submitted as requested

12. PIC and VO will continue to fly and remain familiar with sUAS. 

13. PIC and VO will remain in constant communication throughout the flight.

14. Aerial Optics will have written permission from landowner, and/or authorized 

agent for the job site being flown. 

VI. Public Interest and Safety 

Use of the sUAS will increase ground safety by eliminating the need to have manned 

aircraft take videos or photographs. As the FAA recognized in the Douglas Trudeau, 

Realtor Exemption, No. 11138.

“Manned aircraft conducting aerial filming and photography can weigh 5,000 lbs. 

or more, are operated by an onboard pilot and may carry other onboard 

crewmembers, as well as 100 gallons or more of fuel. The petitioner’s [sUAS] weighs 

less than 3 lbs. The pilot and crew will be remotely located from the aircraft. The 

limited weight reduces the potential for harm to persons or damage to property in 

the event of an incident or accident. The risk of an onboard pilot and crew during an 

incident or accident is eliminated with the use of a [sUAS] for the proposed operation” 

As in the cited exemption, Aerial Optics LLC will use a DJI Phantom 3 Professional 

weighing 2 lbs. 3oz. The eXom weighing 3.9lbs and Precision Hawk weighing 5.3lbs, 

DJI Inspire weighing 6.47lbs will not have an increased risk with slightly more weight. 

Aerial Optics operations, the PIC and VO will similarly be safely on the ground, 

directing the sUAS at altitudes no higher than 400 feet. Aerial Optics will not fly over 

congested or densely populated locations, and will work with local FSDO when 

planning operations. Aerial Optics LLC flight crew will make a safety assessment prior 

to each operation, and will only operate when there are no undue risks.

The small weight of the sUAS’s (with the exception of the precision hawk weighing 

5.3lb) is less than the size envisioned in Section 334(c)(2)(c) of the FAA Modernization 

and Reform Act of 2012, which allows government agencies “to operate unmanned 

aircraft weighing 4.4 pounds or less, if operated –
(i) Within the line of sight of the operator;

(ii) Less than 400 feet above the ground;

(iii) During daylight conditions; 

(iv) Within class G airspace;

(v) Outside of 5 statue miles from any airport, heliport, seaplane base, spaceport, 

or other location with aviation activities.”

Congress’s determination that government agencies should be allowed to operate such 

aircraft in these situations, with no further restrictions on location, population density, or 

pilot experience and training, indicates that Congress did not believe that aircraft of this 

size and weight warranted additional attention.

Proximity to airports: Aerial Optics will only will only operate in Class G airspace, and will 

notify ATC and the local FSDO prior to operations, as described previously.

Proximity to populated areas Aerial Optics will avoid flying in populated areas.

Operation within visual line of sight: The PIC will always fly the sUAS within its line of sight.

Location: Aerial Optics will operate in rural, remote areas, with low population density.

Altitude: no more than 400feet AGL

Restricted area in which the sUAS will be operated: as described above, prior to the day 

of the flight, the flight crew will visit with neighbors to inform them of the filming over 

the consenting landowner’s property. During operations which will occur in rural areas, 

the flight crew will set out cones to mark the “home area” for the sUAS, and will monitor 

the area to make sure no one comes into the flight area. Should any nonparticipating 

individual enter the flight area, operations will immediately cease.

As described previously, Aerial Optics flight crew will be capable to repair and maintain 

all sUAS’s to meet an equivalent level of safety of this section.

Equivalent level of safety: The nature of the sUAS is that of a model aircraft, and the 

operators of Aerial Optics who will maintain and when necessary repair the sUAS will 

conduct inspections and maintenance based on maintenance guidelines provided by the 

manufacturer of the sUAS. The capabilities of these operators to maintain and repair the 

sUAS will be listed in the operator’s manual and meet the requirements for an equivalent 

level of safety pursuant to Section 333 for the type of sUAS, its intended to use, the rural 

operating environment.

VII. Regulations from Which Exemption is Requested

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

The FAA has previously stated that no exemption is required for a member of the DJI 

Phantom family. Aerial Optics requests the same determination to be made for its DJI 

Phantom, DJI Inspire, eXom and Hawkeye MKIII Lancaser. 
Alternatively, Aerial Optics requests an exemption from 14 C.F.R. The regulation requires 

that no person may operate a civil aircraft unless it is in airworthy condition, As there will 

be no airworthiness certificate issued for the aircraft should this exemption be granted, 

no standard will exist for determining airworthiness.

Equivalent level of safety: Aerial Optics will keep all sUAS’s maintenance and safety 

information at the ground station. Where it will be readily accessible to the PIC and VO 

before, during and after operations. This exemption provides and equivalent level of 

safety as 14 C.F.R. 91.7(a) because the PIC will be able to make the determination of 

whether the sUAS is in an airworthy mechanical and electrical condition, in accordance 

with 14 C.F.R. 91.7(b).

B. 14 C.F.R. 91.119(c): Minimum safe altitudes: General.

Aerial Optics requests an exemption from 14 C.F.R. 91.119 subpart (c). This regulation 

provides:

“Except when necessary for takeoff or landing, no person may operate an aircraft

below the fallowing altitudes...

(c) Over other than congested areas. An altitude of 500 feet above the surface, 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.”

Aerial Optics will not operate the sUAS any higher than 400 feet AGL.

Equivalent level of safety: Aerial Optics will operate the sUAS no higher than 400 feet AGL. 

Aerial Optics will not operate in congested areas, and will work with the local FSDO when 

planning operations. Aerial Optics flight crew will make a safety assessment prior to each 

operation, and only operate after it determines that there is no undue hazard present.

C. 14 C.F.R. 91.121: Altimeter settings 

Aerial Optics requests an exemption from 14 C.F.R. 91.121. This part provides guidelines 

for altimeter use in maintaining the cursing altitude or flight level of the aircraft. Aerial 

Optics is not requesting a general exemption from the requirement that its sUAS have an 

altimeter

D. 14 C.F.R. 91.151: Fuel requirements for flight in VFR conditions.
The sUAS Aerial Optics will fly is powered by electricity, using lithium polymer batteries 

that currently have a flight limit of approximately no more than 25 minutes. Therefore, 

due to the limitations of the batteries, it is currently impossible to comply with Part 

91.151. However, the sUAS will be operated in a manner with at least the equivalent level 

of safety as that of a manned aircraft complying with Part 91.151.

Operations of a sUAS with less than 30 minutes of reserve fuel does not engender the 

type of risks that Section 91.151(a) was intended to alleviate. During the entire flight, the 

PIC will always have a visual line of sight of the sUAS and the VO will be monitoring the 

battery life via the telemetry display on the laptop at the ground station. The sUAS will 

always have enough power to land safely, given the minimum level of capacity of the 

batteries.

Equivalent level of safety: Aerial Optics will limit flights to 75% fo battery capacity. With 

25% this amount of time will be more than sufficient for the PIC to safely return to and 

land in the “home area.” As battery power increases, the number of minutes the sUAS 

can operate before reaching the 75% mark will also increase. As new batteries are 

obtained and put into use, Aerial Optics will continue to terminate flights after 75% of 

battery power has been used.

E. 14 C.F.R. 91.405 (a) and (d): Maintenance Required

This section requires that aircraft be inspected as prescribed by Section E, 14 C.F.R. 

91.401-91.421. As shown below, Aerial Optics is applying for an exemption for these 

sections, due to the fact that its operators will inspect the sUAS prior to each flight and 

keep maintenance records of all parts that are replaced, in accordance with sUAS 

manufactures instructions. Because the Sections discussed below are concerned with 

manned aircraft, and as such have inspection requirements designed for the safety of 

passengers, they are inapplicable to Aerial Optics.

Aerial Optics is also applying for an exemption to subparts(a) and (d) of this section, which 

requires a placard to be installed and references 43.11. As noted previously, Aerial Optics 

requests and exemption to the placard requirement, because, due to the small size of the 

sUAS, there is no room to place the placard. 

Despite the requested exemption from subparts (a) and (d) of this section, Aerial Optics 

will follow subparts (b) and (c) of this subpart. 

Equivalent level of safety: To achieve an equivalent level of safety to 14 C.F.R 91.405(a) 

and (b), Aerial Optics will keep logbooks detailing all maintenance and repairs to the sUAS. 

The logbooks will be available to the PIC and VO before during and after sUAS operation. 

Prior to conducting post-maintenance operations, the flight crew will conduct a test flight 
to ensure that the sUAS functions properly. The FAA has previously determined that 

following the manufacture’s requirements for maintenance, inspection, and record 

keeping are sufficient to ensure that safety is not adversely affected. 

F. 14 C.F.R. 91.407: Operation after maintenance, preventive maintenance, rebuilding, or 

alteration

This section requires that any aircraft which “has undergone maintenance, preventative 

maintenance, rebuilding, or alteration unless...[i]t has been approved for return to service 

by a person authorized under 43.7 of this chapter...”

However, Aerial Optics has requested an exemption from 43.7 and 43.11 as described 

previously. The capability of the operators to maintain and repair the sUAS meets the 

requirements for an equivalent level of safety pursuant to Section 333 for both the type 

of sUAS, its intended use, and the rural operation environment. Additionally, due to the 

small size of the sUAS, there is no room to place inspection placards. 

Therefore, because Aerial Optics has requested an exemption from 43.7 and 43.11, Aerial 

Optics respectfully requests an exemption from 91.407. The primary PIC, who holds a 

commercial pilots certificate, will conduct maintenance on the sUAS and keep logs of the 

battery cycle and repairs need on the body or the propellers of the sUAS.

Equivalent level of safety: The proposed exemption will meet an equivalent level of safety 

to 14 C.F.R. 91.407 because Aerial Optics will regularly inspect and maintain its sUAS in 

accordance with the sUAS operators manual, and keep detailed inspection and 

maintenance records that will be available to the PIC and VO before, during and after 

operations. Prior to conducting post-maintenance operations, Aerial Optics will conduct 

a test flight to ensure that the sUAS functions properly. 

G. 14 C.F.R. 91.409 Inspections

This section lays out specific requirements for inspections of aircraft. Aerial Optics 

respectfully requests and exemption from these requirements because they are intended 

to maintain the safety of maned aircraft significantly larger and capable of significantly 

longer flights than its sUAS. Aerial Optics pre-flight and post-flight inspections meet or 

exceed the level of safety achieved by adherence to 14 C.F.R. 91.409.

Equivalent level of safety: As discussed above, Aerial Optics has an inspection procedure 

that provides and equivalent level of safety to 14 C.F.R. 91.409. Before and after each 

fight, the flight crew will conduct an inspection of the uUAS described previously.

H. 14 C.F.R. 91.417 Maintenance records
Aerial Optics respectfully requests an exemption from this section, as it is only applicable 

for aircraft with an airworthiness certificate. Because Aerial Optics will not have an 

airworthiness certificate this section is inapplicable. 

Equivalent level of safety: The requested exemption will meet an equivalent level of 

safety to 14 C.F.R. 91.417 because Aerial Optics will keep detailed maintenance records 

on every part as it is replaced, including but not limited to propellers, batteries, and 

electrical components. The detailed maintenance records will be accessible to the PIC and 

VOf before, during and after operations. 

I. C.F.R. 14 61.23 (a) and (c) Medical certificates: Requirement and duration.

Aerial Optics LLC pilot holds a 2nd class medical, and the VO holds a current US driver’s 

license. 

J. C.F.R 14 61.101 (e) 4&5, 61.113 a, 61.315 a 

Aerial Optics LLC pilot will hold a minimum of a sports pilot license. The written test 

requirement for a sports pilot license will be sufficient knowledge to fly a sUAS for 

commercial operations.