July 15, 2015

Exemption No. 12046

Regulatory Docket No. FAA–2015–1534

Mr. Dennis Dickinson

COO & Chief Pilot

AerOptix, LLC

10971 Four Seasons Place, MB8

Crown Point, IN 46307

Dear Mr. Dickinson:

This letter is to inform you that we have granted your request for exemption. It transmits our 

decision, explains its basis, and gives you the conditions and limitations of the exemption, 

including the date it ends.

By letter dated May 1, 2015, you petitioned the Federal Aviation Administration (FAA) on 

behalf of AerOptix, LLC (hereinafter petitioner or operator) for an exemption. The petitioner

requested to operate an unmanned aircraft system (UAS) to conduct aerial surveys, 

photography, videography, and inspections.

See Appendix A for the petition submitted to the FAA describing the proposed operations and 

the regulations that the petitioner seeks an exemption.

The FAA has determined that good cause exists for not publishing a summary of the petition 

in the Federal Register because the requested exemption would not set a precedent, and any 

delay in acting on this petition would be detrimental to the petitioner.

Airworthiness Certification

The UAS proposed by the petitioner are the DJI Phantom 2 Vision+, DJI Phantom 3, and DJI 

Inspire 1.

The petitioner requested relief from 14 CFR part 21, Certification procedures for products 

and parts, Subpart H—Airworthiness Certificates. In accordance with the statutory criteria 
2

provided in Section 333 of Public Law 112−95 in reference to 49 U.S.C. § 44704, and in 

consideration of the size, weight, speed, and limited operating area associated with the 

aircraft and its operation, the Secretary of Transportation has determined that this aircraft 

meets the conditions of Section 333. Therefore, the FAA finds that the requested relief from 

14 CFR part 21, Certification procedures for products and parts, Subpart H—Airworthiness 

Certificates, and any associated noise certification and testing requirements of part 36, is 

not necessary.

The Basis for Our Decision

You have requested to use a UAS for aerial data collection1. The FAA has issued grants of 

exemption in circumstances similar in all material respects to those presented in your petition. 

In Grants of Exemption Nos. 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.

Having reviewed your reasons for requesting an exemption, I find that—

 They are similar in all material respects to relief previously requested in Grant of 

Exemption Nos. 11062, 11109, 11112, and 11213;

 The reasons stated by the FAA for granting Exemption Nos. 11062, 11109, 11112, and 

11213 also apply to the situation you present; and 

 A grant of exemption is in the public interest.

Our Decision

In consideration of the foregoing, I find that a grant of exemption is in the public interest. 

Therefore, pursuant to the authority contained in 49 U.S.C. 106(f), 40113, and 44701, 

delegated to me by the Administrator, AerOptix, LLC is granted an exemption from 14 CFR 

§§ 61.23(a) and (c), 61.101(e)(4) and (5), 61.113(a), 61.315(a), 91.7(a), 91.119(c), 91.121, 

91.151(a)(1), 91.405(a), 91.407(a)(1), 91.409(a)(1) and (2), and 91.417(a) and (b), to the 

extent necessary to allow the petitioner to operate a UAS to perform aerial data collection. 

This exemption is subject to the conditions and limitations listed below.

 

1 Aerial data collection includes any remote sensing and measuring by an instrument(s) aboard the UA. 

Examples include imagery (photography, video, infrared, etc.), electronic measurement (precision surveying, RF 

analysis, etc.), chemical measurement (particulate measurement, etc.), or any other gathering of data by 

instruments aboard the UA.
3

Conditions and Limitations

In this grant of exemption, AerOptix, LLC is hereafter referred to as the operator.

Failure to comply with any of the conditions and limitations of this grant of exemption will be 

grounds for the immediate suspension or rescission of this exemption.

1. Operations authorized by this grant of exemption are limited to the DJI Phantom 2 

Vision+, DJI Phantom 3, and DJI Inspire 1 when weighing less than 55 pounds 

including payload. Proposed operations of any other aircraft will require a new 

petition or a petition to amend this exemption.

2. Operations for the purpose of closed-set motion picture and television filming are 

not permitted. 

3. The UA may not be operated at a speed exceeding 87 knots (100 miles per hour). The 

exemption holder may use either groundspeed or calibrated airspeed to determine 

compliance with the 87 knot speed restriction. In no case will the UA be operated at 

airspeeds greater than the maximum UA operating airspeed recommended by the 

aircraft manufacturer.

4. The UA must be operated at an altitude of no more than 400 feet above ground level 

(AGL). Altitude must be reported in feet AGL.

5. The UA must be operated within visual line of sight (VLOS) of the PIC at all times. 

This requires the PIC to be able to use human vision unaided by any device other than 

corrective lenses, as specified on the PIC’s FAA-issued airman medical certificate or 

U.S. driver’s license.

6. All operations must utilize a visual observer (VO). The UA must be operated within 

the visual line of sight (VLOS) of the PIC and VO at all times. The VO may be used 

to satisfy the VLOS requirement as long as the PIC always maintains VLOS 

capability. The VO and PIC must be able to communicate verbally at all times; 

electronic messaging or texting is not permitted during flight operations. The PIC 

must be designated before the flight and cannot transfer his or her designation for the 

duration of the flight. The PIC must ensure that the VO can perform the duties 

required of the VO.

7. This exemption and all documents needed to operate the UAS and conduct its 

operations in accordance with the conditions and limitations stated in this grant of 

exemption, are hereinafter referred to as the operating documents. The operating 

documents must be accessible during UAS operations and made available to the 

Administrator upon request. If a discrepancy exists between the conditions and 

limitations in this exemption and the procedures outlined in the operating documents, 
4

the conditions and limitations herein take precedence and must be followed. 

Otherwise, the operator must follow the procedures as outlined in its operating 

documents. The operator may update or revise its operating documents. It is the 

operator’s responsibility to track such revisions and present updated and revised 

documents to the Administrator or any law enforcement official upon request. The 

operator must also present updated and revised documents if it petitions for extension 

or amendment to this grant of exemption. If the operator determines that any update 

or revision would affect the basis upon which the FAA granted this exemption, then 

the operator must petition for an amendment to its grant of exemption. The FAA’s 

UAS Integration Office (AFS−80) may be contacted if questions arise regarding 

updates or revisions to the operating documents.

8. Any UAS that has undergone maintenance or alterations that affect the UAS operation 

or flight characteristics, e.g., replacement of a flight critical component, must undergo 

a functional test flight prior to conducting further operations under this exemption. 

Functional test flights may only be conducted by a PIC with a VO and must remain at 

least 500 feet from other people. The functional test flight must be conducted in such 

a manner so as to not pose an undue hazard to persons and property.

9. The operator is responsible for maintaining and inspecting the UAS to ensure that it is 

in a condition for safe operation.

10. Prior to each flight, the PIC must conduct a pre-flight inspection and determine the 

UAS is in a condition for safe flight. The pre-flight inspection must account for all 

potential discrepancies, e.g., inoperable components, items, or equipment. If the 

inspection reveals a condition that affects the safe operation of the UAS, the aircraft is 

prohibited from operating until the necessary maintenance has been performed and the 

UAS is found to be in a condition for safe flight.

11. The operator must follow the UAS manufacturer’s maintenance, overhaul, 

replacement, inspection, and life limit requirements for the aircraft and 

aircraft components.

12. Each UAS operated under this exemption must comply with all manufacturer 

safety bulletins.

13. Under this grant of exemption, a PIC must hold either an airline transport, 

commercial, private, recreational, or sport pilot certificate. The PIC must also hold a 

current FAA airman medical certificate or a valid U.S. driver’s license issued by a 

state, the District of Columbia, Puerto Rico, a territory, a possession, or the Federal 

government. The PIC must also meet the flight review requirements specified in 

14 CFR § 61.56 in an aircraft in which the PIC is rated on his or her pilot certificate.
5

14. The operator may not permit any PIC to operate unless the PIC demonstrates the 

ability to safely operate the UAS in a manner consistent with how the UAS will be 

operated under this exemption, including evasive and emergency maneuvers and 

maintaining appropriate distances from persons, vessels, vehicles and structures. PIC 

qualification flight hours and currency must be logged in a manner consistent with 

14 CFR § 61.51(b). Flights for the purposes of training the operator’s PICs and VOs 

(training, proficiency, and experience-building) and determining the PIC’s ability to 

safely operate the UAS in a manner consistent with how the UAS will be operated 

under this exemption are permitted under the terms of this exemption. However, 

training operations may only be conducted during dedicated training sessions. During 

training, proficiency, and experience-building flights, all persons not essential for 

flight operations are considered nonparticipants, and the PIC must operate the UA 

with appropriate distance from nonparticipants in accordance with 14 CFR § 91.119.

15. UAS operations may not be conducted during night, as defined in 14 CFR § 1.1. All 

operations must be conducted under visual meteorological conditions (VMC). Flights 

under special visual flight rules (SVFR) are not authorized.

16. The UA may not operate within 5 nautical miles of an airport reference point (ARP) as 

denoted in the current FAA Airport/Facility Directory (AFD) or for airports not 

denoted with an ARP, the center of the airport symbol as denoted on the current 

FAA-published aeronautical chart, unless a letter of agreement with that airport’s 

management is obtained or otherwise permitted by a COA issued to the exemption 

holder. The letter of agreement with the airport management must be made available 

to the Administrator or any law enforcement official upon request.

17. The UA may not be operated less than 500 feet below or less than 2,000 feet 

horizontally from a cloud or when visibility is less than 3 statute miles from the PIC.

18. If the UAS loses communications or loses its GPS signal, the UA must return to a 

pre-determined location within the private or controlled-access property.

19. The PIC must abort the flight in the event of unpredicted obstacles or emergencies.

20. The PIC is prohibited from beginning a flight unless (considering wind and forecast 

weather conditions) there is enough available power for the UA to conduct the 

intended operation and to operate after that for at least five minutes or with the reserve 

power recommended by the manufacturer if greater.

21. Air Traffic Organization (ATO) Certificate of Waiver or Authorization (COA). All 

operations shall be conducted in accordance with an ATO-issued COA. The 

exemption holder may apply for a new or amended COA if it intends to conduct 

operations that cannot be conducted under the terms of the attached COA.
6

22. All aircraft operated in accordance with this exemption must be identified by serial 

number, registered in accordance with 14 CFR part 47, and have identification 

(N−Number) markings in accordance with 14 CFR part 45, Subpart C. Markings must 

be as large as practicable.

23. Documents used by the operator to ensure the safe operation and flight of the UAS and 

any documents required under 14 CFR §§ 91.9 and 91.203 must be available to the 

PIC at the Ground Control Station of the UAS any time the aircraft is operating. 

These documents must be made available to the Administrator or any law enforcement 

official upon request.

24. The UA must remain clear and give way to all manned aviation operations and 

activities at all times. 

25. The UAS may not be operated by the PIC from any moving device or vehicle. 

26. All Flight operations must be conducted at least 500 feet from all nonparticipating 

persons, vessels, vehicles, and structures unless:

a. Barriers or structures are present that sufficiently protect nonparticipating persons 

from the UA and/or debris in the event of an accident. The operator must ensure 

that nonparticipating persons remain under such protection. If a situation arises 

where nonparticipating persons leave such protection and are within 500 feet of 

the UA, flight operations must cease immediately in a manner ensuring the safety 

of nonparticipating persons; and

b. The owner/controller of any vessels, vehicles or structures has granted permission 

for operating closer to those objects and the PIC has made a safety assessment of 

the risk of operating closer to those objects and determined that it does not 

present an undue hazard.

The PIC, VO, operator trainees or essential persons are not considered 

nonparticipating persons under this exemption.

27. All operations shall be conducted over private or controlled-access property with 

permission from the property owner/controller or authorized representative. 

Permission from property owner/controller or authorized representative will be 

obtained for each flight to be conducted.

28. Any incident, accident, or flight operation that transgresses the lateral or vertical 

boundaries of the operational area as defined by the applicable COA must be reported 

to the FAA's UAS Integration Office (AFS−80) within 24 hours. Accidents must be 

reported to the National Transportation Safety Board (NTSB) per instructions 

contained on the NTSB Web site: www.ntsb.gov.
7

If this exemption permits operations for the purpose of closed-set motion picture and 

television filming and production, the following additional conditions and limitations apply.

29. The operator must have a motion picture and television operations manual (MPTOM) 

as documented in this grant of exemption.

30. At least 3 days before aerial filming, the operator of the UAS affected by this 

exemption must submit a written Plan of Activities to the local Flight Standards 

District Office (FSDO) with jurisdiction over the area of proposed filming. The 3-day 

notification may be waived with the concurrence of the FSDO. The plan of activities 

must include at least the following:

a. Dates and times for all flights;

b. Name and phone number of the operator for the UAS aerial filming conducted 

under this grant of exemption;

c. Name and phone number of the person responsible for the on-scene operation of 

the UAS;

d. Make, model, and serial or N−Number of UAS to be used;

e. Name and certificate number of UAS PICs involved in the aerial filming;

f. A statement that the operator has obtained permission from property owners 

and/or local officials to conduct the filming production event; the list of those 

who gave permission must be made available to the inspector upon request;

g. Signature of exemption holder or representative; and

h. A description of the flight activity, including maps or diagrams of any area, city, 

town, county, and/or state over which filming will be conducted and the altitudes 

essential to accomplish the operation.

31. Flight operations may be conducted closer than 500 feet from participating persons 

consenting to be involved and necessary for the filming production, as specified in the 

exemption holder’s MPTOM.

Unless otherwise specified in this grant of exemption, the UAS, the UAS PIC, and the UAS 

operations must comply with all applicable parts of 14 CFR including, but not limited to, 

parts 45, 47, 61, and 91.
8

This exemption terminates on July 31, 2017, unless sooner superseded or rescinded.

Sincerely,

/s/

John S. Duncan

Director, Flight Standards Service

Enclosures
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 

Page 2 of 9 10971 FOUR SEASONS PLACE, MB8, CROWN POINT, IN 46307 (219) 381-4484
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.

Page 3 of 9 10971 FOUR SEASONS PLACE, MB8, CROWN POINT, IN 46307 (219) 381-4484
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:

Page 4 of 9 10971 FOUR SEASONS PLACE, MB8, CROWN POINT, IN 46307 (219) 381-4484
• 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 

Page 5 of 9 10971 FOUR SEASONS PLACE, MB8, CROWN POINT, IN 46307 (219) 381-4484
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.

Page 7 of 9 10971 FOUR SEASONS PLACE, MB8, CROWN POINT, IN 46307 (219) 381-4484
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