June 26
, 2015

Exemption No. 11929 Regulatory Docket No. FAA

– 20 15

–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 all ow the petitioner to operate an unmanned ai rcraft system (UAS) to conduct inspection s of mining facilities and inspections of oil and natural gas pipelines and components

. See Appendix A for the petition submitted to the FAA des cribing the proposed operations and the regulations that the petitioner seeks an exemption

.

The FAA has determ ined 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

.2

Airworthiness Certification

The UAS proposed by the petitioner is a n 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 pro vided in Section 333 of P ublic 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 tes ting requirements of part 36, is
not necessary.

The Basis for Our Decision

You have requested to use a UAS for aerial data collection 1 . The FAA has issued grants of exemption in circumstances similar in all material respects to those presented in your petition. In Grants of Exemption No s

. 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 Lab s , Inc. ( see Docket No. FA A−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, carryi ng 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 re spects 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 U A

.3

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 Administrato r, 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 compli ance 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 ;

e lectronic 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 the4

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 accordan ce 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 d iscrepancy 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 procedur es 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 offici al 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 FA A’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 flight s 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 maint aining 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 exe mption 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 cert ificate or a valid U.S. driver’s license issued by a state, the District of Col u mbia, Puerto Rico, a territory, a possession, or the Federal government. The PIC must also meet the flight revi ew requirements specified in 14 CFR § 61.56 in an aircraft in w hich 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, includin g 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 (traini ng, 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 traini ng, 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 conditio ns (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 wi th an ARP, the center of the airport symbo l 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 ag reement 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 sign al, 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 the6

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 cond ucted 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 C FR 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 un der 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 r emain 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 person s, 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 su ch 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 a ny 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 control led

- access property with permission from the property owner/controller or authorized represe ntative. 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 d efined by the applicable COA must be reported to the FA A'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 t elevision 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 op erator for the UAS aerial filming conducted under this grant of exemption;

c. Name and phone number of th e 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 r equest; 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 ex emption, 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

EnclosuresFebruary 5, 2015

U.S. Department of Transportation Docket Management Sy stem 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”), hereb y 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 accompan yi ng Align M690 Operations and Safety M anual ( “ Operations Manua l”) and the flight and maintenance manuals for the UASs identifies and incorporated by r eference into the accompan yi ng 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):**  **Airc raft**  **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 S outhwestern Pennsylvania and Northern West Virginia region s: offering innovative approaches to solve the se companies’ operational, engineering, and business challen ges. 9three has a wide variet y of experience in the coal and gas industry and holds unique understanding of how large energy

c ompanies operate. 9three also understands how state government requirements impact energy c ompan y operations and has built automated hardware and software enterpri se

- grade sy stems that optimiz e 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 o f proposed and existing construction sites

. Currently these companies use commercial aircraft to perform these roles. Companies are l ooking for not onl y a lower cost option
, but a solution that can yi eld 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 analy sis and engineering design considerations. These inspections are conducted on private property , not accessible to the public
, to help ensure safet y

. 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 electricit y, heat generation, etc.**B. Request**  **to Use**  **UASs for**  **Survey and**  **Inspe ction**  **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 us ing a rotorcraft and crew that fl y 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 an y flammable fuel compared to the rotorcraft and will not carry an yone onboard; reducing the ri sk to human life substantially

. Utilizing a UAS will reduce the risk to both human life and property

substantially

while still being able to properl y 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 safel y accelerate the integration of civil unmanned aircraft sy stems into the national airspace sy stem.” Pursuant to Section 333 of the Reform Act, The FAA Administrator is to permit unmanned aircraft sy stems 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 operati onal 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 t o grant exemptions from the ag ency ’s safet y 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 authorit y of the Administrator); 49 U.S.C. § 44701(f) ( permitting exemptions from § 44701(a), (b) and § 44702

– 44716, et seq .)

. A party

r equesting an exemption must ex plain 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 safe ty 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 f or expedited appro val under Section 333 of the Reform Act. Each of the statutory c riteria 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 accompan ying 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 3 3 mph, and vertical ascent speed will be limited to 1 4 mph, and will not have a weight in excess of 17 pounds . The UAS has an integrated GPS sy stem 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 c ertain events. T he sy stem 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 an d limitations to successfull y perform inspections of Oil and Gas facilities, pipeline and associated equipment. To assist the FAA in its safet y assessment of 9three operations, listed below is a summary o f operational limitations and conditions which will ensure a level of safet y equal to or exceeding the level of safet y for operations that are conducted under the current regulatory guidelines:

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

2. Flights will be operated within the line of sight o f 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 an y persons
or propert y that are not directly r elated 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 P IC
, one or more Visual Observers dependent on the safet y requirements of the operation, and a Sensor Operator if the onboard sensor requires human control.

8. The PI C 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 tosafel y 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 PI C during the entire operation.

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

11. Prior to an y 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 l oses its GPS, it will have the capability t o return to a pre

- determined home location set up before flight and safel y land.

14. Contingency

p lans will be in place to safely t erminate the flight if there is a loss of communication between the pilot and the obs erver.

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 g rants the FAA the authorit y to issue exemptions. This statutory

a uthorit y, b y its terms, includes exempting civil aircraft as the term is defined under § 40101 of the Act, including UASs, from its safety r egulations and minimum standards when the Administrator decides a requested exemption is in the publ ic 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. Li sted 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 safet y that is better than or equal to the rules from which the exemption is sought.

**A. 14 C.F.R. Part 21, Subpart H** 

**– Airworthi**  **ness Cert ificates 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 safet y when compared to aircraft normally u sed for the same application. These criteria have been met, andtherefore no exemption is needed. See Grant of Exemption to Clayco, In c., Docket No. FAA

2014

- 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 I I
, Supra
, the UAS weigh less than 17 pounds and will be flown less than 33mph and in a sparsel y populated

area. Additionall y, 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 m onitored and controlled by the PI C and will be conducted in compliance with local public safety r equirements. 9three will also provide the FAA with advance notice of all operations via NOTAM prior to any op erations. 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 PI C and observer, who are not onboard the UAS. Additionally , no sense and avoid technology is necessary on th e UAS due to the fact that it will be operated b y V LOS at all times.

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

14 C.F.R. Part 27 s ets forth the procedural requirements for airworthiness certification of normal category

r otorc raft. To the extent 9three’s UAS would otherwise require certification under P art 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

o perate 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), M arkings of the Aircraft, states:

When marks include only the Roman capital letter “N” and the registration number is display ed on limited, restricted or light

- sport category a ircraft or experimental or provisionally c ertificated aircraft, the operator must also display

on that aircraft near each entrance to the cabin, cockpit, o r 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 mus t display o n that rotorcraft horizontally o n both surfaces of the cabin, fuselage, boom, or tail the marks required b y § 45.23.

In a previous Grant of Exemption, the FAA determined that exemption from these requirements was warranted provided that the air craft “have identification “(N

- Number) markings in accordance with 1 4 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**  **Certificati on**  **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 § 2 1.5 of this chapter, unless there is available in the aircra ft a current approved Airplane or Rotorcraft Flight Manual, approved manual material, markings, and placards, or any combination thereof.

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

(a) Except as provided in § 91.715, no person may o perate 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 p aragraph (a) of this section or a special flight authorization issued un der § 91.715 is display ed 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 dat ed August 8, 2014, the UAS flight manual and other documentation will be kept at the control station with the PI C 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 airworth y condition to be operated. The FAA has stated that no exemption is required to the exte nt 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 PI C to become familiar with specific information before each flight, including information contained in the FAA

- approved Flight Manual on board the aircraft. While the PI C will be familiar with all information necessary

to safel y 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 safet y will be provided by f ollowing the Ai r cra ft Operations Manual and the flight manual provided by the manufacturer. The PI C will take all required preflight actions; including performing all required checklists, and reviewing the following: flight requirements, battery c harge, mission requirements, aircraft performance data, takeoff and landing distance, weather, and emergency l anding areas before flight. The Operations Manual and manufacturer’s flight manual will be kept at the ground station with the PI C at all times.

**G. 14 C.F.R. § 91.109(a): Flig**  **ht Instruction**

9three seeks an exemption from 14 C.F.R. § 91.109(a), which provides that “{n }o person may o perate a civil aircraft (except a manned free balloon) that is being used for flight instruction unless that aircraft has full y functioning dual controls.” UASs and remotel y piloted aircraft, by

their design do not have functional dual control s. 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 i n the event that the UAS experiences and difficulties during flight instruct ion. Ina ddition 9three will conduct flight training at AMA approved flying sites. The training flights will be conducted in a sterile training area and will otherwise compl y with the provisions in the Operations Manual for flights at the test site. In add ition, 9three’s proposed method of operation provides superior levels of safet y.

**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 min imum safe a l titudes under which aircraft may n ot operate, including 500 feet above the surface and away f rom an y 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 propert y on the surface,” provided that “each person operating the helicopter complies with any r outes or altitudes specificall y prescribed for the helicopters by th e 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 th an those that presently e xist with conventional aircraft. An equivalent level of safet y 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 r isk to aircraft, flight operati ons 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 r eference 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 c an be achieved if the UAS will be operated at 400’ AGL or below and within VLOS in addition to GPS based altitude information relay ed 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.**  **§ 91.15**  **1(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

b egin a flight in an airplane under VFR conditions unless (considering wind and forecast weather conditions) there is enough fuel to fly t o the first point of intended landing and, assuming normal cruising speed

– (1) During the day , to fl y 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 p ower means that no meaningful flight operations can be conducted while still maintaining a 30 minute reserve power suppl y. 9three proposes that all flights compl y with this requirement by m andating that the aircraft be safel y landed with no less than 25% of remaining battery life.

**Equivalent Level of Safety**

The FAA has states that an equivalent level of safet y 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 safet y.

**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 be tween 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 a ppl y to aircraft with an airworthiness certificate, which the UAS wil l not have.

**Equivalent Level of Safety**

An equivalent level of safety w ill 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 aflight operations checklist is completed by the PI C 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 fl yi ng 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 o f an y PI C matches the ai rspace in which both the PI C 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 n either passengers nor cargo. In the Grant of Exemption in FAA Docket No. FAA

- 2014

- 0507, the FAA determi ned that

a person holding a private pilot certificate “would not adversely affect operations in the NAS or present a hazard to persons or propert y on the groun d.”

9three will operate in a sterile area away f rom persons and propert y not directly i nvolved in the operation. Itw ill be flown within VL OS at 400’ AGL or below. A NOTAM will be issued between 24 and 48 hours before the flight is to occur.

**Equivalent L evel of Safety** 

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

P IC b e thoroughl y familiar with the airspace being operated in but also in the unique aspects of UAS flight. Pilots will also b e 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 s ys tem will provide a higher level of competency and proficiency

fo r its pilots resulting in a safer operational environment.

**VI. DRUG AND ALCOHOL PROGRAM** 

9three has a very

s trict 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 w ay s. National policy s et by C ongress favors earl y integration of UAS into NAS in controlled, safe working environments such as tho se 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 p assenger
carryi ng counterparts, do not carry any human life or flammabl e fuel thus reducing the risk to human life in the event of an accident. Currentl y 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 r educed. Having a 15 pound UAS operatearound 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 f ederal, state or local laws regarding privacy

.

**IX. FEDERAL REGISTER SUMMARY** 

Pursuant to 14 C.F.R. Part 11, the following summary i s 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 safet y by r educing risk to the general public and propert y owners from the hazards associated with performing the same work with co nventional 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 t o 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 i n many way s including (1) significantl y improving safet y 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. Ly ons, President

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