# Aerial Optics LLC

3120 106 th 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 photograph y/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 t he 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 photograp hy/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 pilo t 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 aircr aft 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 ma intenance, 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 c ertified commercial fixed wing pilot with 1000hours, and has a s econd 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. driv er’s license

. Aerial Optics will never operate with without a PIC holding a minimum of a sport pilot’s license. The requested exemptionshould be granted because of proposed operation of the DJI Phantom 3

, DJI Inspire, eXom

,

and precision hawk Hawkeye MKII I Lancaster . The DJI Phantom 3 UASs weighs 2lbs 13oz with full payload. DJI Inspire weighs 6.47lbs, t he eXom weigh s 3.9lbs with full pay load. The

Lancaster weigh s 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 en vironment . In addition, the experience of the PIC will strongly benefit the safety of operations with the sUAS.

II. Contact Information

Aerial Optics LL C

3120 106 th 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 s UAS

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 FC350Airframe: 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 Hawk eye MKIII Lanca ster 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 O ffices 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 bot h PIC and visual observer (VO). Flights will never exceed 400 fee t

. 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 conges ted 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. Th e s UAS will
be flown only over land that has permission from the land owner or the landowner’s agent. The notification will consi st of time, place, and type of s UAS operation being
conducted

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

Th e 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 s UAS
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

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

zones

. Prior to flight, a pre

- flight inspection of the s UAS 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 f rom s UAS.

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 fai l safe functions, refer to the DJI, eXom an d 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, a s well as logging flight times.

The s UAS 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. Privac y

There is no concerns that Aerial Optics use of the s UAS 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 p ersons 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 s UAS 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 VO4. Maximum flight time will be 75% of battery life, this data will be timed and is

vis ible through live feed

. 5. The s UAS 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 t o fly and remain familiar with s UAS.

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 gro und 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, a re 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 p otential 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, t he PIC and VO will similarly be safely on the grou nd, 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 L LC 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 d aylight 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 o perate 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 airport s: 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 sigh t: The PIC will always fly the s UAS 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 de scribed 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 t he “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 cap able 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 re pair 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 requir ements 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 prev iously 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 exe mption 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 aircr aft 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. Th erefore, 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.

O perations 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 mon itoring 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 flig hts 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 Ae rial 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, beca use, 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 flightto ensure that the sUAS functions properly. The FAA has previously determined that

following the manufacture’s requirements for maintenance, inspec tion, 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 mainte nance, 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 previousl y. 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

s mall 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 p ilots certificate, will conduct maintenance on the sUAS and keep logs of the battery cycle and repairs need on t he 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 respectf ully 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 fig ht, the flight crew will conduct an inspection of the uUAS described previously.

H. 14 C.F.R. 91.417 Maintenance recordsAerial 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 o f 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 c omponents. 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 2 nd 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 sufficie nt knowledge to fly a sUAS for commercial operations.