1 Aerial Panoptics, LLC
63 Putnam Street Suite 202 Saratoga Springs, NY 12866

(518) 290

- 0405

January 6 , 2016 U.S. Department of Transportation, Docket Operations West Building Ground Floor, Room W12

- 140 1200 New Jersey Avenue, SE Washington, DC 20590

RE: Exemption Request Pursuant to Section 333 of the FAA Modernization and Reform
Act of 2012

Dear Sir or Madam,

Pursuant to Section 333 of the Federal Aviation Administration ( FAA ) Modernization and Reform Act of 2012, Pub. L. No.112

- 95, 126 Stat.11 (amending 49 U.S.C.) (hereinafter, the “Reform Act”) and 14 CFR Part 11, Aerial Panoptics

, LLC, an operator of s mall unmanned aircraft systems (sUASs) seeks an exemption from the Federal Aviation Regulations listed below, to

allo w commercial operation of its sUASs. As described more fully below, the requested exemption would permit the operation of sUASs under controlled conditions in airspace that is limited, predetermined, controlled as to access, and would provide safety enhanc ements to the already safe operations in the industry. Approval of this exemption would thereby enhance safety and fulfill the Secretary of Transportation’s responsibilities to “... establish requirements for the safe operation of such aircraft systems in the national airspace system.” Reform Act 333 (c).

The requested exemption would authorize Aerial Panoptics to conduct commercial operations using the following models for aerial photography and videography, agricultural data collection, bridge inspectio n, building construction and maintenance, construction site inspection and monitoring, damage assessments, education and research, engineering inspection, flare stack inspection, infrastructure inspection, insurance investigation, pipeline inspection and p atrolling, tower inspection, utility and power generation systems inspections, and other similar applications.

This application is substantially similar to previous Grants of Exemptions and therefore appropriate for summary approval. Several previously gr anted exemptions cited the following “similar” operations as a basis for granting of the exemptions: Grants of Exemption Nos: 11062, 11109, 11112, and 11213 . Accordingly, we submit that this Exemption does not require publication and notice in the Federal Register for purposes of notice and comments.2

The name and addres s of the applicant :

Aerial Panoptics , LLC

Attn: Michael Woytowich
63 Putnam Street Suite 202 Saratoga Springs, NY 12866 (518) 290

- 0405
Email: mw @aerialpanoptics.com

Regulations from which the exemption is requested :

14 CFR § 21, S ubpart H 14 CFR § 61.23 (a) & (c) 14 CFR § 61.101(e)(4) & (5) 14 CFR § 61.113 (a) 14 CFR § 61.315 (a) 14 CFR § 91.7 (a) 14 CFR § 91.119 (c) 14 CFR § 91.121 14 CFR § 91.151 (a) (1) 14 CFR § 91.405 (a)
14 CFR § 91.407 (a) (1) 14 CFR § 91.409 (a)(1) & (2) 14 CFR § 91.417 (a) & (b)

Make and Models w e seek exemption for:

DJI Phantom 3, DJI Inspir e 1, DJI Spreading Wings S1000

, and 3DR Solo

.

T his petition for exemption is supported by the information contained in the DJI Phantom 3, DJI Inspire 1 , DJI Spreading Wings S1000

, and 3DR Solo User Manuals

, and supporting Training
Guide s , and the Smart Flight Battery Safety Guidelines (hereafter collec tively referred to as “Manufacturer’s Operations Manuals”).

The characteristics of the sUAS s , detailed sUAS s operator requirements, and sUAS s operating parameters given below will ensure that all Aerial Panoptics s UAS operations are carried out with an eq uivalent or higher level of safety than currently authorized manned aircraft operations. The details below regarding Aerial Panoptics ’ intended s UAS applications provide clear evidence that approval of this exemption is in the public interest.

Characteris tics of the sUAS

The Phantom 3, In spire 1, Spreading Wings S1000

, and Sol o, are all very similar s UAS. A ll
listed sUASs are less than 53 inches across, measured diagonall y ( including the propellers )

,3

constructed primarily of plastic

, weigh less than 10 pounds and are powered by Lithium Polymer
batteries . The max imum flight speed for all listed sUASs is less than 55 mph. All listed sUASs

contain an on

- board GPS and an inertial measurement unit for flight stabilization and automatic failsafe return to home in case of a lost control signal. Additionally, these s UAS offer geo

fencing and max altitude features to restrict the maximum vertical and hor izontal distance the
aircraf t will fly from its home point.

Each sUAS operated by Aerial Panoptics for commercial use will be regis tered in accordance
with 14 CF R § 47, and will be marked in accordance with 14 CFR § 45, Subpart C, in a size as large as pr actical for the size of the sUAS. All sUASs operated by Aerial Panoptics will be maintained in accordance with the manufacture’s maintenance, overhaul, replacement, inspection, and life limit requirements for the aircraft and aircraft components and all pe rtinent instructions in the user manuals. Repairs, component changes, and software/firmware updat es will be recorded in the sUAS’ maintenance log. Maintenance log entries will include the date, sUAS ID number, registration number, current sUAS flight time, a description of work performed, and the name of the individual who completed the work. Any s UAS that has undergone maintenance or alterations that affect the sUAS operation or flight characteristics, e.g. replacement of a flight critical component, must undergo a functional test flight, prior to use in any commercial operations. The functional test flight must be conducted in such a manner so as to not pose an undue hazard to persons and property. The Pilot in Command ( PIC ) who conducts the functional test flight must make an entry in the maintenance log . A pre

- flight inspection of the sUAS will be completed by the PIC prior to each flight operation as specified in

the Aerial Panoptics sUAS Flight Operations Manual. If the inspection reveals a condition that
affects the saf e operation of the s UAS, the aircraft is removed from service and prohibited from operating until the necessary maintenance has been performed and the s UAS is found to be in a condition for safe flight. All Aerial Panoptics s UAS s will comply with all appli cable manufacturer safety bulletins.

The safety and reliability of the DJI Phantom 3, DJI Inspire 1, DJI Spreading Wings S1000, and
3DR Solo sUAS are further supported by the fact that numerous FAA exemptions have previously been approved for their use in commercial operations.

s UAS Operator Requirements

All Aerial Panoptics sUAS operators will hold at least an FAA issued private, recreational, or sport pilot certificate and a valid U.S. driver’s license issued by a state, the District of Colombia, Puerto Rico, a territory, a possession, or the Federal government. In addition, Aerial Panoptics
will ensure safe operations by not allowing any PIC to opera te a sUAS unless that PIC has demonstrated, that he/she is able to safely operate the sUAS in a manner consistent with the exemption, including evasive and emergency maneuvers and maintaining appropriate distances from people, vessels, vehicles and structu res. All operators will either meet the flight review requirements specified in 14 CFR § 61.56 or will annually complete and log at least 4 hours of ground instruction with a certified flight instructor (CFI) covering regulations and issues pertinent

to co mmercial operation of the DJI Phantom 3, DJI Inspire 1, DJI Spreading Wings S1000, and
3DR Solo

.4

The individual acting as PIC of a sUAS will be identified prior to any flight and will not change once the flight has begun. The PIC is the individual in oper ational control of the flight operation from beginning to end and is responsible for safe flight of the sUAS. All PIC flight hours used to demonstrate qualifications and currency will be logged in a manner consistent with 14 CFR § 61.51(b).

s UAS Operating Parameters and equivalent level of safety

In order to provide for a level of safety at least equivalent to operations conducted using manned aircraft, all Aerial Panoptics commercial sUAS operations will be conducted in accordance with the following specific operating limitations:

 The sUAS may not be operated at a speed exceeding 87 knots (100 miles per hour). Aerial Panoptics may use either groundspeed or calibrated airsp eed to determine compliance with the 87 knot speed restriction. In no case will the s UA S be operated at airspeeds greater
than the maximum s UA S operating airspeed recommended by the aircraft manufacturer.

 The sUAS (including payload) will weigh less than 55 lbs.

 All operations shall be conducted in accordance with an Air Traffic Organization ( ATO )

- issued Certificate of Authorization ( COA )

.

 All sUAS ope rations will occur at or below 4 00 ft. above ground l evel ( AGL ) or the maximum
altitude s pecified in the COA limitations.

 No sUAS will be operated 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 o n 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 Aerial Panoptics . The letter of agreement with the airport management must be made available t o the Administrator or any law enforcement official upon request.

 The sUAS 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 U.S. driver’s license.

 Minimum crew for each operation will consist of the sUAS Pilot and Visual Observer. The
Pilot and Visual Observer will at all times be able to communicate by voice or text.

 All operating documents and a grant of exemption must be accessible during sUAS operations and made available to the Administrator upon request. If a discrepancy exists between the conditions and limitations in the grant of exemption and the procedures out lined in the operating documents, the conditions and limitations in the grant of exemption take precedence and must be followed. Otherwise, the PIC must follow the procedures as5

outlined in the operating documents. Aerial Panoptics may update or revise its operating documents. However, it is Aerial Panoptics’ responsibility to track such revisions and present updated and revised documents to the Administrator or any law enforcement official upon request. Aerial Panoptics must also present updated and revise d documents if it petitions for extension or amendment to the grant of exemption. If Aerial Panoptics determines that any update or revision would affect the basis upon which the FAA granted the exemption, then Aerial Panoptics must petition for an amendme nt to the grant of exemption.

 sUAS 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 . The sUAS may not be operate d less
than 5 00 feet below or less than 2,000 feet horizontally from a cloud or when visibility is less
than 3 statute miles from the PIC.

 Prior to each flight the PIC must inspect the sUAS to ensure that it is in a condition for safe flight. If the inspection reveals a condition that affects the safe operation of the sUAS, the aircraft is removed from service and prohibited from operating until the necessary maintenance has been performed and the sUAS is found to be in a condi tion for safe flight. All maintenance and alterations must be properly documented in our maintenance log

.

 A briefing will be conducted in regard to the planned sUAS operations prior to each day's production activities. It wi ll be mandatory that all person ne l that will be performing duties within boundaries of the safety perimeter be present for this briefing.

 If the sUAS loses communications or loses its GPS signal, the sUAS will have the capability

to return to a pre determined location and land.

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

 The PIC is prohibited from begi nning a flight unless the sUAS battery level is at 75% or higher. The PIC must begin returning the sUAS to the designated landing area when the

bat tery level drops below 25%.

 Documents used by the operator to ensure the safe operation and flight of the sUAS 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 sUAS any time the a ircraft is operating. These documents must be made available to the Administrator or any law enforcement official upon request.

 The sUAS must remain clear and give way to all manned aviation operations and activities

at all times.

 The sUAS may not be ope rated by the PIC from any moving device or vehicle.6

 sUAS s will not be operated directly over nonparticipating persons unless barriers or structures are present that sufficiently protect nonparticipating persons from the s UA Ss
and/or debris in the ev ent of an accident.

 Any incident, accident, or flight operation that transgresses the lateral or vertical boundaries of the operational area as defined by the applicable COA will be reported to the FAA's UAS Integration Office (AFS

- 80) within 24 hours. Accidents will be repor ted to the National Transportation Safety Board (NTSB) per instructions contained on the NTSB Web site: www.ntsb.gov

.

Explanation of the extent of relief and reaso ns for the requested exemptions

Aerial Panoptics reque sts an exemption from the following regulations as well as any additional regulations that may technically apply to the operation of the DJI Phantom 3, DJI Inspire 1, DJI Spreading Wings S1000, and 3DR Solo sUAS:

14 CFR Part 21, Subpart H

– Airworthiness Certificates 14 CFR § 91.203 (a)(1)

Given the small size of the sUAS, the controlled operating areas, limitations and conditions,

Aerial Pan optics will adhere to during flight operations, an exemption from Part 21 Subpart H meets the requirements of an equivalent level of safety under Part 11 and Section 333 of the “Reform Act” with consideration “of the size, weight, speed, operational capability, and proximity to airports and populated areas of the particular UAS.” The Federal Aviation Act (49 U.S.C.§4 4701 (f)) 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 area s of the particular UAS. In all cases, an analysis of these criteria demonstrates that the UAS operated without an airworthiness certificate, in the restricted environment and under the conditions proposed will be at least as safe, or safer, than a convent ional aircraft (fixed wing or rotorcraft) operating with an airworthiness certificate without the restrictions and conditions proposed. The sUAS to be operated are less than 55 lbs. fully loaded, carry neither a pilot nor passenger, carry no explosive mate rials or flammable liquid fuels, and will operate exclusively within a secured and designated area. Unlike other civil aircraft, operations under this exemption will be tightly controlled and monitored by the operator pursuant to the Manual’s requirements. The FAA will have advance notice of all operations. These safety enhancements provide a greater degree of safety to the public and property owners than conventional operations conducted with airworthiness certificates issued under 14 CFR Part 21, Subpart H. Lastly, application of these same criteria demonstrates that there is no credible threat to national security posed by the sUAS, due to its size, speed of operation, location of operation, lack of explosive materials or flammable liquid fuels, and inabi lity to carry a substantial external load.7

14 CFR § 61.23 (a) and (c) Medical certificates

– Requirement and Duration

Although established regulations require an airman to obtain a medical certificate when exercising the privileges of his or her certi ficate, no such FAR’s exist regarding sUAS operations. Therefore Aerial Panoptics requests relief from this regulation and subparts.

14 CFR § 61.101 (e)(4) and (5)

– Recreational pilot privileges and limitations

Aerial Panoptics seeks relief from said st ated regulations as Aerial Panoptics will be conducting commercial aerial services for compensation and in furtherance of a business. Aerial Panoptics would like to use the Recreational certificate by the PIC to operate the sUAS.

14 CFR § 61.113 (a)

– Pilot in Command

Because the sUAS will not carry a pilot or passengers, the proposed operations can achieve the equivalent level of safety of current operations by requiring the PIC operating the aircraft to hold at least an FAA issued private, recreation al, or sport pilot certificate and a valid U.S. driver’s license issued by a state, the District of Colombia, Puerto Rico, a territory, a possession, or the Federal government, rather than a commercial pilot’s license to operate a sUAS. The risks

attendant to the operation of sUAS is far less than the risk levels inherent in the commercial
activities outlined in 14 CFR 61.

14 CFR § 61.315 (a)

– What are the privileges and limits of my sport pilot certificate?

Aerial Panoptics seeks relief from the above s tated regulation, as it will conduct commercial aerial services. Aerial Panoptics would like to use the Sport Pilot Certification for its PIC’s of said sUASs stated earlier in this petition.

14 CFR § 91.7 (a)

– Civil Aircraft Airworthiness

Inasmuch as th ere will be no airworthiness certificate issued for the sUAS, Aerial Panoptics seeks an exemption from 14 CF. § 91.7(a), which requires that a civil aircraft be in airworthy condition to be operated. The FAA has stated that no exemption is required for 14 CFR § 91.7(a) to the extent that the requirements of Part 21 are waived or found inapplicable. See Grant of Exemption to Astraeus Aerial, Docket No. FAA

- 2014

- 0352 at 13

- 14, 22.

14 CFR § 91.119 (c)

– Minimum Safe Altitude

Aerial Panoptics requests an exe mption from the minimum safe altitude requirements of 14 CFR § 91.119 (c). Section 91.119 (c) prescribes the minimum safe altitudes under which aircraft may not operate, including 500 feet above the surface and away from any person, vessel, vehicle, or

str ucture in non

- congested areas. An exemption is required because in order to perform the intended operations, the sUAS will need to be operated lower than 400 feet AGL.8

14 CFR § 91.121

– Altimeter Setting

This regulation requires each person operating a n aircraft to maintain cruising altitude by reference to an altimeter that is set "...to the elevation of the departure airport or an appropriate altimeter setting available before departure." As the sUAS may not have a barometric altimeter,

but instead a GPS altitude read out, an exemption may be needed. To provide an equivalent level of safety, the sUAS utilize a GPS system and internal gyroscopes to calculate the altitude.

14 CFR § 91.151 (a) (1)

– Fuel Requirements for VFR Flight

Here, the technologica l limitations on sUAS battery power means that no meaningful flight operations can be conducted while still maintaining a 30

- minute battery reserve. An exemption from the fuel requirements of 14 CFR § 91.151(a) is therefore required. Given the area of

oper ation for the sUAS, Aerial Panoptics believes that an equivalent level of safety is achieved by requiring at least 75% battery power in order to begin a flight and requiring the sUAS to return to land when the battery power reaches 25%.

14 CFR §91.405 (a) ; 407 (a) (1); 409 (a); 417 (a) & (b)

– Maintenance and Maintenance Inspections

Since Sections 91.405 (a), 91.407 (a)(1), 91.409 (a)(1) & (a)(2), and 91.417 (a) & (b) only apply to aircraft with an airworthiness certificate, Aerial Pan optics requests relief from these Sections because the sUAS does not require an airworthiness certificate. The sUAS meets the conditions of Section 333 for operation without an airworthiness certificate. Accordingly, Aerial Panoptics

will use its trained t echnicians to perform maintenance, alterations, or preventive maintenance on the sUAS using the methods, techniques, and practices prescribed in the manufacturer's maintenance manual and as accomplished in the current COAs. Furthermore, Aerial Panoptics

wi ll document and maintain all maintenance record s for the sUAS. An equivalent level of safety

will be achieved beca use the sUAS are small in size and are not complex mechanical devices

.

Why exemption is in the public interest

Commercial operations of sUAS in the service of aerial data and video collection and surveys substantially enhance safety by reducing the overall risk associated with traditional aircraft or by reducing hazardous inspections conducted manually. Use of conventional manned aircraft carry flammable fuels that are not carried by the s UAS and emit pollutants associated with internal combustion engines whereas the sUASs proposed herein are battery powered and have no emissions. Typical tower, bridge, and construction inspections may require use of ladders, scaffolding, or rigging which require inherently dangerous climbing activities during the inspection process whereby using a sUAS would avert potential fatalities or injuries. In addition, by reducin g the cost of inspections and surveys, the public will benefit by permitting them to purchase aerial data collection services that would otherwise be unaffordable where their previous choices were limited to manned operations , therefore improving the safet y and integrity of the country’s infrastructure

.9

Summary that may be published in the Federal Register

Aerial Panoptics , LLC requests the grant of an exemption to the following specific sections of the Title 14 Code of federal Regulations : 14 CFR Part 2 1, Subpart H; 14 CFR §§ 61.23 (a) & (c);
14 CFR 61.101 (e)(4) & (5); 14 CFR 61.113 (a); 14 CFR 61.315 (a); 14 CFR 91.7 (a); 14 CFR

91.119 (c) ; 14 CFR 91.121; 14 CFR 91.151 (a) (1); 14 CFR 91.405 (a); 14 CFR 91.407 (a) (1); 14 CFR 91.409 (a) (1) & (2); and 14 CFR 91.417 (a) & (b) to commercially operate its small unmanned aircraft systems to support a variety of industry and business applications, to include, but not limited to, aerial photography and videography, agricultural data collection, bridge

in spection, building construction and maintenance, construction site inspection and monitoring, damage assessments, education and research

, engineering inspection, flare stack inspection, infrastructure inspection, insurance investigation, pipeline inspectio n and patrolling, tower inspection, utility and power generation systems inspections , and other similar applications.

Conclusion

Aerial Panoptics respectfully requests that the FAA grant the exemption sought in this request. Aerial Panoptics believes th at considering the small size and weight of the sUAS, along with the sUAS PIC training and certification requirements stipulated above and the strict operating guidelines proposed herein, it is clearly demonstrated that the sUAS will be operated safely in the national air space (NAS) with an equivalent or greater level of safety compared to manned
aircraft.

We are prepared to modify or amend any part of this request as deemed necessary by the FAA to satisfy the need for an equivalent level of safety. Pleas e contact us at any time if you require
additional information or clarification.

Respectfully Submitted,

Aerial Panoptics , LLC Michael Woytowich
Chief Executive Officer

518

- 290

- 0405 mw@aerialpanoptics.com