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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 small unmanned aircraft 

systems (sUASs) seeks an exemption from the Federal Aviation Regulations listed below, to 

allow 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 enhancements 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 inspection, 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 patrolling, 

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 granted 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.
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The name and address 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, 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)

14 CFR § 91.417 (a) & (b)

Make and Models we seek exemption for:

DJI Phantom 3, DJI Inspire 1, DJI Spreading Wings S1000, and 3DR Solo.

This 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 

Guides, and the Smart Flight Battery Safety Guidelines (hereafter collectively referred to as 

“Manufacturer’s Operations Manuals”).

The characteristics of the sUASs, detailed sUASs operator requirements, and sUASs operating 

parameters given below will ensure that all Aerial Panoptics sUAS operations are carried out 

with an equivalent or higher level of safety than currently authorized manned aircraft operations. 

The details below regarding Aerial Panoptics’ intended sUAS applications provide clear 

evidence that approval of this exemption is in the public interest.

Characteristics of the sUAS

The Phantom 3, Inspire 1, Spreading Wings S1000, and Solo, are all very similar sUAS. All 

listed sUASs are less than 53 inches across, measured diagonally (including the propellers), 
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constructed primarily of plastic, weigh less than 10 pounds and are powered by Lithium Polymer

batteries. The maximum 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 sUAS offer geofencing and max altitude features to restrict the maximum vertical and horizontal distance the 

aircraft will fly from its home point.

Each sUAS operated by Aerial Panoptics for commercial use will be registered in accordance 

with 14 CFR § 47, and will be marked in accordance with 14 CFR § 45, Subpart C, in a size as 

large as practical 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 pertinent 

instructions in the user manuals. Repairs, component changes, and software/firmware updates 

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 sUAS 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 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 condition for safe flight. All Aerial Panoptics sUASs will comply with all applicable 

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.

sUAS 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 operate 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 structures. 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 commercial operation of the DJI Phantom 3, DJI Inspire 1, DJI Spreading Wings S1000, and 

3DR Solo.
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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 operational 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).

sUAS 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 airspeed to determine compliance with 

the 87 knot speed restriction. In no case will the sUAS be operated at airspeeds greater 

than the maximum sUAS 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 operations will occur at or below 400 ft. above ground level (AGL) or the maximum 

altitude specified 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 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 Aerial Panoptics. The letter of agreement with 

the airport management must be made available to 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 outlined 

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 as 
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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 revised 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 amendment 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 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.

 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 condition 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 will be mandatory that all personnel 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 predetermined location and land.

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

 The PIC is prohibited from beginning 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 

battery 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 aircraft 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 operated by the PIC from any moving device or vehicle.
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 sUASs will not be operated directly over nonparticipating persons unless barriers or 

structures are present that sufficiently protect nonparticipating persons from the sUASs

and/or debris in the event 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 reported 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 reasons for the requested exemptions

Aerial Panoptics requests 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 Panoptics 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.§44701 (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 areas 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 conventional 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 materials 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 inability to carry a substantial external load.
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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 certificate, 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 stated 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, 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, 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 stated 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 there 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 exemption 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 

structure 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.
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14 CFR § 91.121 – Altimeter Setting

This regulation requires each person operating an 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 technological 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 

operation 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 Panoptics 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 technicians 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

will document and maintain all maintenance records for the sUAS. An equivalent level of safety 

will be achieved because 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 sUAS 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 reducing 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 safety and integrity 

of the country’s infrastructure. 
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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 21, 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 

inspection, 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 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 that 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. Please 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