June 26, 2015

 Exemption No. 11929

 Regulatory Docket No. FAA–2015–0345

Mr. Michael J. Lyons

President

9three Solutions Inc.

1281 Suncrest Towne Centre Drive

Morgantown, WV 26505

Dear Mr. Lyons:

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.

The Basis for Our Decision

By letter dated February 5, 2015, you petitioned the Federal Aviation Administration (FAA) 

on behalf of 9three Solutions Inc. (hereinafter petitioner or operator) for an exemption. The 

exemption would allow the petitioner to operate an unmanned aircraft system (UAS) to 

conduct inspections of mining facilities and inspections of oil and natural gas pipelines and 

components.

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.
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Airworthiness Certification

The UAS proposed by the petitioner is an Align M690.

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 

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.

 

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.
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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, 9three Solutions Inc. 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.

Conditions and Limitations

In this grant of exemption, 9three Solutions Inc. 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 Align M690 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 
4

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, 

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.
5

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.

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 
6

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.

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.
7

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.

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 June 30, 2017, unless sooner superseded or rescinded.

Sincerely,

/s/

John S. Duncan

Director, Flight Standards Service

Enclosures
February 5, 2015

U.S. Department of Transportation

Docket Management System

1200 New Jersey Ave., SE

Washington, D.C. 20590

Re: Petition of 9three Solutions, for an Exemption Pursuant to Section 333 of the 

FAA Modernization and Reform Act of 2012

Dear Gentlemen:

Pursuant to Section 333 of the FAA Modernization and Reform Act of 2012 (“Reform 

Act”) and 14 C.F.R. Part 11, 9three Solutions (“9three”), hereby applies for an exemption from 

the Federal Aviation Regulations (“FARs”) identified below, to allow commercial operations of 

small unmanned aerial vehicles (i.e. “small unmanned aircraft “ or “UAS”).

The exemption is made based on information in this petition, as well as the 

accompanying Align M690 Operations and Safety Manual (“Operations Manual”) and the flight 

and maintenance manuals for the UASs identifies and incorporated by reference into the 

accompanying packet

For your convenience, the petition is organized as follows:

I. Description of Petitioner

II. Types of Operations

A. Request to Use UASs for Survey and Inspection of Mining Facilities

B. Request to Use UASs for Survey and Inspection of Oil and Natural Gas 

Pipelines and Associated Components

III. Relevant Statutory Authority

IV. 9three Proposed UAS Operations Meet the Requirements of Section 333 of the 

Reform Act

V. Regulations From Which Exemption is Requested

A. 14 C.F.R. Part 21, Subpart H – Airworthiness Certificates and 14 C.F.R § 

91.203

B. 14 C.F.R. Part 27 Airworthiness Standards: Normal Category Rotorcraft

C. 14 C.F.R. §§ 91.9(c), 45.23(b) and 45.27(a): Aircraft Marking and 

Identification Requirements

D. 14 C.F.R. § 91.9(b)(2): Civil Aircraft Flight Manual in the Aircraft and 14 

C.F.R. § 91.203(a) and (b): Carrying Civil Aircraft Certification and 

Registration

E. 14 C.F.R. § 91.7(a): Civil Aircraft Airworthiness

F. 14 C.F.R. § 91.103: Preflight Action

G. 14 C.F.R. § 91.109(a): Flight Instruction

H. 14 C.F.R. § 91.119: Minimum Safe Altitudes

I. 14 C.F.R. § 91.121: Altimeter Settings
J. 14 C.F.R. § 91.151(a): Fuel Requirements for Flight in VFR Conditions

K. 14 C.F.R. § 91.405(a), 91.407(a)(1), 91.409(a)(2); 91.417(a) and (b): 

Maintenance Inspections

L. 14 C.F.R. § 61.113

VI. Drug and Alcohol Program

VII. Public Interest

VIII. Privacy

IX. Federal Register Summary

X. Conclusion

I. DESCRIPTION OF PETITIONER

9three is a privately held company that provides technical solutions for energy companies 

in the Southwestern Pennsylvania and Northern West Virginia regions: offering innovative 

approaches to solve these companies’ operational, engineering, and business challenges. 9three 

has a wide variety of experience in the coal and gas industry and holds unique understanding of 

how large energy companies operate. 9three also understands how state government 

requirements impact energy company operations and has built automated hardware and software 

enterprise-grade systems that optimize processes and reduce workload by utilizing cutting-edge 

technologies.

Recently, multiple companies have approached 9three expressing interest in using an 

UAS to inspect power substations, oil and gas wells, and private wireless towers as well as 

provide 3D mapping and aerial photogrammetry of proposed and existing construction sites. 

Currently these companies use commercial aircraft to perform these roles. Companies are 

looking for not only a lower cost option, but a solution that can yield better information and 

reduce the risk to human life. Utilizing a UAS will meet these requirements with the most 

important factor being safety, as personnel would not be inside or in proximity to the equipment.

II. TYPES OF OPERATIONS

A. Request to Use UASs for Survey and Inspection of Mining Facilities

9three is requesting exemptions pursuant to Section 333 to conduct inspections of mining

companies’ surface operations. 9three will use its ability to conduct inspection to maintain safety

at the facilities and provide predictive failure analysis and engineering design considerations. 

These inspections are conducted on private property, not accessible to the public, to help ensure 

safety. Using a UAS to conduct inspections may reduce human risk as some of these structures 

can be dangerous due to their height above ground, proximity to electricity, heat generation, etc.
B. Request to Use UASs for Survey and Inspection of Oil and Natural Gas 

Pipelines and Associated Components

9three also seeks exemption pursuant to Section 333 to conduct inspections of Oil and 

Natural Gas pipelines and the associated components. These inspections are conducted every two 

weeks using a rotorcraft and crew that fly along the pipeline looking for problems. There are 

many advantages to using a UAS to conduct these inspections versus a rotorcraft.

Using a UAS will be much safer than a rotorcraft in the inspection process. The UAS will 

weigh no more than 17 pounds compared to thousands of pounds for a rotorcraft. The UAS will 

not carry any flammable fuel compared to the rotorcraft and will not carry anyone onboard; 

reducing the risk to human life substantially. Utilizing a UAS will reduce the risk to both human 

life and property substantially while still being able to properly inspect pipelines.

III. RELEVANT STATUTORY AUTHORITY

This petition for exemption is submitted in accordance with Section 333(a) through (c) of 

the FAA Modernization and Reform Act of 2012. Congress has directed the FAA “to safely 

accelerate the integration of civil unmanned aircraft systems into the national airspace system.”

Pursuant to Section 333 of the Reform Act, The FAA Administrator is to permit unmanned 

aircraft systems to operate in the National Airspace (“NAS”) where it is safe to do so based on 

the following considerations:

 The UAS’s size, weight, speed and operational capability;

 Operation of the UAS in close proximity to airports and populated areas; and

 Operation of the UAS within the visual line of sight of the operator.

Additionally, the FAA Administrator has general authority to grant exemptions from the 

agency’s safety regulations and minimum standards when the Administrator decides a requested 

exemption is in the public interest. See 49 U.S.C. § 106(f) (defining the authority of the 

Administrator); 49 U.S.C. § 44701(f) (permitting exemptions from § 44701(a), (b) and § 44702 –

44716, et seq.). A party requesting an exemption must explain the reasons why the exemption: 

(1) would benefit the public as a whole, and (2) would not adversely affect the safety (or how it 

would provide a level of safety at least equal to the existing rules). See 14 C.F.R. § 11.81 

(petitions for exemption).

IV. 9three PROPOSED OPERATIONS MEET THE REQUIREMENTS OF SECTION 

333 OF THE REFORM ACT

The proposed operations in the Petition for Exemption qualify for expedited approval 

under Section 333 of the Reform Act. Each of the statutory criteria and other relevant factors are 

satisfied.
A. Approval is Warranted Based on the UASs Size, Weight and Operational 

Capability

9three will employ the UASs identified in Section 2 of the accompanying Operations 

Manual. This UAS will be used for all of the operations as set forth in the Operations Manual. 

The UAS will be limited to a maximum flight speed of 33mph, and vertical ascent speed will be 

limited to 14mph, and will not have a weight in excess of 17 pounds. The UAS has an integrated 

GPS system to calculate the UASs’ position and height and to relay that information via a secure 

connection to the operator. In addition, the UAS has failsafe modes that are triggered by certain 

events. The system permits the aircraft to return to a predetermined location and land to prevent 

injury.

B. Approval is Warranted Based on the Operational Restrictions Set Forth in 

the Operations Manual

The 9three Operations Manual contain all of the procedures and limitations to 

successfully perform inspections of Oil and Gas facilities, pipeline and associated equipment. To 

assist the FAA in its safety assessment of 9three operations, listed below is a summary of 

operational limitations and conditions which will ensure a level of safety equal to or exceeding 

the level of safety for operations that are conducted under the current regulatory guidelines:

1. The UAS that is used by 9three will weigh 17 pounds or less.

2. Flights will be operated within the line of sight of both the pilot and observer at 

all times

3. Maximum total flight time for each flight will be limited to the amount of time the 

UAS can be flown and still land with at least 25% battery power remaining.

4. Flights will be operated at an altitude of no more than 400 feel AGL.

5. Flights will be operated at a lateral distance of at least 100 feet from any persons 

or property that are not directly related to the operation who have not given prior 

permission.

6. Aircraft speed will be limited to 33mph for forward flight and vertical ascent will 

be limited to 14mph.

7. Minimum crew for each operations will consist of the IAS PIC, one or more 

Visual Observers dependent on the safety requirements of the operation, and a 

Sensor Operator if the onboard sensor requires human control.

8. The PIC will have at least a private pilot’s license and will have sufficient 

knowledge of the area where the operation is taking place, as well as training to 
safely operate the UAS in accordance with the standards set forth in the 

Operations Manual.

9. The designated Observer will be in constant voice contact with the PIC during the 

entire operation. 

10. The UAS will operate in accordance with the safety and operational requirements 

of the Operations Manual.

11. Prior to any operation a Mission Plan will be created setting forth the limitations 

for the flight as well as any hazard information

12. A NOTAM will be issued no more than 48 hours in advance of flight, but not less 

than 24 hours before flight. 

13. If the UAS lose communications or loses its GPS, it will have the capability to 

return to a pre-determined home location set up before flight and safely land.

14. Contingency plans will be in place to safely terminate the flight if there is a loss 

of communication between the pilot and the observer.

15. The UAS will have the capability to abort a flight in case of unpredicted obstacles 

or emergency while in flight.

V. REGULATIONS FROM WHICH EXEMPTION IS REQUESTED

The Federal Aviation Act expressly grants the FAA the authority to issue exemptions. 

This statutory authority, by its terms, includes exempting civil aircraft as the term is defined 

under § 40101 of the Act, including UASs, from its safety regulations and minimum standards 

when the Administrator decides a requested exemption is in the public interest.

9three seeks and exemption from several interrelated provisions of 14 C.F.R. Parts 21, 

45, 61, and 91 for purposes of conducting the requested operations using a UAS. Listed below 

are (1) the specific sections of 14 C.F.R. for which exemption is sought, and (2) the operating 

procedures and safeguards that 9three has put into place which will ensure a level of safety that 

is better than or equal to the rules from which the exemption is sought.

A. 14 C.F.R. Part 21, Subpart H – Airworthiness Certificates and 14 C.F.R. 

§ 91.203(a)(1)

The FAA has stated that no exemption is necessary from this section if a finding is made 

under the Reform Act that the UAS selected provides an equivalent level of safety when 

compared to aircraft normally used for the same application. These criteria have been met, and 
therefore no exemption is needed. See Grant of Exemption to Clayco, Inc., Docket No. FAA2014-0507 at page 5. If however, the FAA determines that there are characteristics of the UAS 

that fail to meet the requirements of the Reform Act, an exemption is requested.

Equivalent Level of Safety

The UAS identified in Section 1 of the Operations Manual is safe when its size, weight, 

speed and operational capability are taken into account. As set forth in Section II, Supra, the 

UAS weigh less than 17 pounds and will be flown less than 33mph and in a sparsely populated 

area. Additionally, the UAS will not be carrying pilots or passengers, explosive materials, 

flammable liquid fuels, and will operate exclusively within the parameters that are outlined in the 

Operations Manual.

Operations that take place under this exemption will be closely monitored and controlled 

by the PIC and will be conducted in compliance with local public safety requirements. 9three 

will also provide the FAA with advance notice of all operations via NOTAM prior to any 

operations. During all operations the UAS operated under the proposed conditions, will be at 

least as safe as, or safer than conventional rotorcraft operating with an airworthiness certificate 

without the restrictions and conditions of the proposed UAS operations.

The UAS themselves do not need to communicate with other aircraft or ATC, due to the 

fact that those capabilities will be possessed by the PIC and observer, who are not onboard the 

UAS. Additionally, no sense and avoid technology is necessary on the UAS due to the fact that it 

will be operated by VLOS at all times. 

B. 14 C.F.R. Part 27 Airworthiness Standards: Normal Category Rotorcraft

14 C.F.R. Part 27 sets forth the procedural requirements for airworthiness certification of 

normal category rotorcraft. To the extent 9three’s UAS would otherwise require certification 

under Part 27, 9three seeks an exemption from Part 27’s airworthiness standards for the same 

reasons which were identified in the request for exemption from 14 C.F.R. Part 21, Subpart H, 

supra.

C. 14 C.F.R. §§ 91.9(c), 45.23(b) and 45.27(a): Aircraft Marking and 

Identification Requirements

9three seeks and exemption from the aircraft marking and identification requirements 

contained within 14 C.F.R. §§ 91.9(c), 45.23(b) and 45.27(a).

 14 C.F.R. § 91.9(c), Civil Aircraft Flight Manual, Marking and Placard requirements, 

provides that:

No person may operate a U.S.-registered civil aircraft unless that aircraft is 

identified in accordance with Part 45 of this chapter.
 14 C.F.R. § 45.23(b), Markings of the Aircraft, states:

When marks include only the Roman capital letter “N” and the registration 

number is displayed on limited, restricted or light-sport category aircraft or 

experimental or provisionally certificated aircraft, the operator must also display

on that aircraft near each entrance to the cabin, cockpit, or pilot station, in letters 

not less than 2 inches nor more than 6 inches high, the words “limited,” 

“restricted,” “light-sport,” “experimental,” or “provisional,” as applicable.

 14 C.F.R. § 45.27(a), Rotorcraft, states:

Each operator of a rotorcraft must display on that rotorcraft horizontally on both 

surfaces of the cabin, fuselage, boom, or tail the marks required by § 45.23.

In a previous Grant of Exemption, the FAA determined that exemption from these 

requirements was warranted provided that the aircraft “have identification “(N-Number) 

markings in accordance with 14 CFR part 45, Subpart C if the markings are as large as 

practicable.” FAA Docket No. FAA-2014-0352.

Equivalent Level of Safety

9three will mark all aircraft with appropriate markings on a prominent place on the 

fuselage as large as possible if relief is not granted from 14 C.F.R. Part 21, Subpart H.

D. 14 C.F.R. § 91.9(b)(2): Civil Aircraft Flight Manual in the Aircraft and 14 

C.F.R. § 91.203(a) and (b): Carrying Civil Aircraft Certification and 

Registration

Pursuant to 14 C.F.R. § 91.9(b)(2):

(b) No Person may operate a U.S.-registered civil aircraft –

...

(2) For which an Airplane or Rotorcraft Flight Manual is required by § 21.5 of this 

chapter, unless there is available in the aircraft a current approved Airplane or 

Rotorcraft Flight Manual, approved manual material, markings, and placards, or 

any combination thereof.

Pursuant to 14 C.F.R. § 91.203(a) and (b):

(a) Except as provided in § 91.715, no person may operate a civil aircraft unless it 

has within it the following:

(1) An appropriate and current airworthiness certificate...
(b) No person may operate a civil aircraft unless the airworthiness certificate required 

by paragraph (a) of this section or a special flight authorization issued under §

91.715 is displayed at the cabin or cockpit entrances so that it is legible to 

passengers or crew.

9three does not request an exemption from this section but instead notifies the FAA that, 

in accordance with FAA Office of Chief Counsel’s Opinion dated August 8, 2014, the UAS 

flight manual and other documentation will be kept at the control station with the PIC during 

flight, The Chief Counsel’s Office has held that for all UAS operations, this alternate method 

constitutes full compliance with the regulations. 

E. 14 C.F.R. § 91.7(a): Civil Aircraft Airworthiness

9three seeks and exemption from 14 C.F.R § 91.7(a), which requires that all civil aircraft 

be in airworthy condition to be operated. The FAA has stated that no exemption is required to the 

extent that the requirements of Part 21 are waived or found inapplicable. Accordingly, 9three 

requests that the requirements for Section 91.7 be treated in accordance with Section V (A), 

supra. 

F. 14 C.F.R. § 91.103: Preflight Action

9three seeks an exemption from 14 C.F.R. § 91.103, which requires a PIC to become 

familiar with specific information before each flight, including information contained in the 

FAA-approved Flight Manual on board the aircraft. While the PIC will be familiar with all 

information necessary to safely conduct flight operations, an exemption is requested to the extent 

that an FAA-approved Flight Manual is required.

Equivalent Level of Safety

An equivalent level of safety will be provided by following the Aircraft Operations 

Manual and the flight manual provided by the manufacturer. The PIC will take all required 

preflight actions; including performing all required checklists, and reviewing the following: 

flight requirements, battery charge, mission requirements, aircraft performance data, takeoff and 

landing distance, weather, and emergency landing areas before flight. The Operations Manual 

and manufacturer’s flight manual will be kept at the ground station with the PIC at all times. 

G. 14 C.F.R. § 91.109(a): Flight Instruction

9three seeks an exemption from 14 C.F.R. § 91.109(a), which provides that “{n}o person 

may operate a civil aircraft (except a manned free balloon) that is being used for flight 

instruction unless that aircraft has fully functioning dual controls.” UASs and remotely piloted 

aircraft, by their design do not have functional dual controls. Instead, flight control is 

accomplished through the use of a device that communicates with the aircraft via radio 

communication through the output of the transmitter.
Equivalent Level of Safety

Given the size and speed of the UAS used by 9three, and equivalent level of safe training 

can still be performed without dual controls because no pilot or passengers are aboard the UAS, 

and all persons will be a safe distance away in the event that the UAS experiences and 

difficulties during flight instruction. In addition 9three will conduct flight training at AMA 

approved flying sites. The training flights will be conducted in a sterile training area and will 

otherwise comply with the provisions in the Operations Manual for flights at the test site. In

addition, 9three’s proposed method of operation provides superior levels of safety.

H. 14 C.F.R. § 91.119: Minimum Safe Altitudes

9three requests and exemption from the minimum safe altitude requirements of 14 C.F.R. 

§ 91.119. Section 91.119 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. See 14 C.F.R. § 91.119(c). Section 91.119(d) allows for a 

helicopter to operate at less than those minimum altitudes when it can be operated “without 

hazard to persons or property on the surface,” provided that “each person operating the 

helicopter complies with any routes or altitudes specifically prescribed for the helicopters by the 

FAA.”

Equivalent Level of Safety

Compared to flight operations that are conducted with rotorcraft weighing far more than 

the maximum weights proposed herein, and given the lack of flammable fuel, any risk associated 

with these operations is far less than those that presently exist with conventional aircraft. An 

equivalent level of safety will be achieved given the size, weight, and speed of the UAS, as well 

as the location where it will be operated. In order to avoid any risk to aircraft, flight operations 

will be restricted to 400’ AGL or below. 

I. 14 C.F.R. § 91.121: Altimeter Settings

9three seeks an exemption from 14 C.F.R. § 91.121, which requires a person operating an 

aircraft to maintain cruising altitude or flight level by reference to an altimeter that is set to the 

elevation of the departure airport or barometric pressure. An exemption is required to the extent 

that the UAS does not have a barometric altimeter, but rather a GPS altitude read out. 

Equivalent Level of Safety

The FAA has states that an equivalent level of safety can be achieved if the UAS will be 

operated at 400’ AGL or below and within VLOS in addition to GPS based altitude information 

relayed in real time to the operator. See Grant of Exemption to Astraeus Aerial, Docket No. 
FAA-2014-0352. As the attached Operations Manual indicates, the chosen UAS meets these 

requirements in that a zero altitude initiation point will be obtained prior to flight operations. 

J. 14 C.F.R. § 91.151(a): Fuel Requirements for Flight in VFR Conditions

9three requests an exemption from 14 C.F.R. § 91.151(a)’s fuel requirements for flight in 

VFR conditions. Section 91.151 states:

(a) No person may begin a flight in an airplane under VFR conditions unless 

(considering wind and forecast weather conditions) there is enough fuel to fly to 

the first point of intended landing and, assuming normal cruising speed –

(1) During the day, to fly after that for at least 30 minutes; or

(2) At night, to fly after that for at least 45 minutes.

Here, the technological limitations on UAS battery power means that no meaningful 

flight operations can be conducted while still maintaining a 30 minute reserve power supply. 

9three proposes that all flights comply with this requirement by mandating that the aircraft be 

safely landed with no less than 25% of remaining battery life.

Equivalent Level of Safety

The FAA has states that an equivalent level of safety is provided if the UAS flight is 

terminated with at least 25% reserve battery power still available. See Grant of Exemption to 

Astraeus Aerial, Docket No. FAA-2014-0252. The Operations Manual confirms this limit, which 

provides an equivalent level of safety.

K. 14 C.F.R § 91.405(a), 91.407(a)(1), 91.409(a)(2); 91.417(a) and (b): 

Maintenance Inspections

9three seeks an exemption from the maintenance inspection requirements contained in 14 

C.F.R. § 91.405(a), 91.407(a)(1), 91.409(a)(2); 911.417(a) and (b). These regulations specify 

maintenance and inspections standards in reference to 14 C.F.R. Part 43. See, e.g., 14 C.F.R. §

91.405(a) (stating that each owner or operator of an aircraft “[s]hall have the aircraft inspected as 

prescribed in subpart E of this part and shall between required inspections ...have discrepancies 

repaired as prescribed in part 43 of this chapter”). An exemption from these regulations is needed 

because Part 43 and these sections only apply to aircraft with an airworthiness certificate, which 

the UAS will not have.

Equivalent Level of Safety

An equivalent level of safety will be achieved because maintenance and inspections will 

be performed in accordance with the UAS Manufacturer’s Manual, as referenced in the 

Operations Manual. As provided in the Operations Manual, flights will not be conducted unless a 
flight operations checklist is completed by the PIC that includes all aircraft components. The 

Operations Manual also sets requirements for maintenance log book and record keeping as well 

as routine and post-flight maintenance. The Operations Manual sets requirements for both annual 

maintenance and preventative maintenance based on hours of flight.

L. 14 C.F.R. § 61.113: Private Pilot Privileges and Limitations

9three seeks exemption from 14 C.F.R § 61.113, which restricts private pilot certificate 

holders from flying aircraft for compensation or hire, and would also require a second class 

medical certificate. The purpose of Part 61 is to ensure that the skill and competency of any PIC 

matches the airspace in which both the PIC and UAS will be operating, as well as requiring 

certifications if the private pilot is carrying passengers or cargo for hire. In this care, while the 

UAS will be operated as part of a commercial operation, it will carry neither passengers nor 

cargo. In the Grant of Exemption in FAA Docket No. FAA-2014-0507, the FAA determined that 

a person holding a private pilot certificate “would not adversely affect operations in the NAS or 

present a hazard to persons or property on the ground.”

9three will operate in a sterile area away from persons and property not directly involved 

in the operation. It will be flown within VLOS at 400’ AGL or below. A NOTAM will be issued 

between 24 and 48 hours before the flight is to occur.

Equivalent Level of Safety

In addition to these flight restrictions, 9three will further ensure safe flight operation by 

requiring that any PIC be thoroughly familiar with the airspace being operated in but also in the 

unique aspects of UAS flight. Pilots will also be required to conduct training flights at a local 

AMA site to gain flight experience and become familiar with the way the UAS flies and how it 

responds to inputs. 9three believes that this system will provide a higher level of competency and 

proficiency for its pilots resulting in a safer operational environment.

VI. DRUG AND ALCOHOL PROGRAM

9three has a very strict policies in place regarding drug and alcohol use that ensures no 

person may act as a PIC, observer, or sensor operator if they are under the influence of alcohol or 

any drug

VII. PUBLIC INTEREST

Granting 9three’s exemption request furthers the public interest in many ways. National 

policy set by Congress favors early integration of UAS into NAS in controlled, safe working 

environments such as those proposed with this petition. Additionally the public also has an 

interest in reducing the hazards and emissions associated with the alternate use of helicopters or 

other aircraft used to conduct similar inspections. The UAS are much lighter than their passenger 

carrying counterparts, do not carry any human life or flammable fuel thus reducing the risk to 

human life in the event of an accident. Currently these inspections are done with helicopters or 

light aircraft; if these inspections were done with a UAS instead it would benefit the public as the 

risk of an accident affecting human life are drastically reduced. Having a 15 pound UAS operate 
around oil and gas facilities also poses far less risk to the facilities if there was an accident. If 

there was an accident during an inspection of oil and gas facilities in a full size helicopter full of 

flammable fuel the potential for death and sever damage to the facilities including environmental 

consequences is much higher than if a drone crashed while doing the same inspection. In light of 

all these advantages it furthers the public interest to use a UAS instead of other aircraft for these 

inspections.

VIII. PRIVACY

All flights will be conducted in accordance with any federal, state or local laws regarding 

privacy.

IX. FEDERAL REGISTER SUMMARY

Pursuant to 14 C.F.R. Part 11, the following summary is provided for publication in the 

Federal Register, should it be determined that publication is necessary:

9three seeks an exemption from the following rules:

14 CRF Part 21, Subpart H; 14 CFR Part27; 14 CFR 45.23(b); 14 CFR § 61.113; 14 CFR 

91.7(1); 14 CFR 91.9(b)(2); 14 CFR 91.103; 14 CFR 91.109(a); 14 CFR 91.119; 14 CFR 91.121; 

14 CFR 91.151(a); 14 CFR 91.203(a) & (b); 14 CFR 91.405(a); 14 CFR 91.407(a)(1); 14 CFR 

91.409(a)(2); 14 CFR 91.417 (a) & (b).

This exemption will enhance the safety by reducing risk to the general public and 

property owners from the hazards associated with performing the same work with conventional 

rotorcraft and aircraft.

X. CONCLUSION

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, operation within 

visual line of sight, and national security; provides more than adequate justification for the grant 

of the requested exemptions to permit 9three to operate the selected UAS in the manner 

described within. 

Granting the requested exemption will benefit the public interest in many ways including 

(1) significantly improving safety and reducing risk to human life, and (2) improving the quality 

of services offered and decreasing the operating costs compared to those of conventional aircraft 

and rotorcraft.

 9three Solutions Inc.
________________________ 

Michael J. Lyons, President

Attachments: UAS Operations Manual, Flight Log, Preflight Checklist.