2015-07-02

Exemption Request for FAR 333

Mike Nilsson

360

2807 131st St SE

Everett, WA 98208

(425) 622-8230

mike.jo.nilsson@gmail.com

Our company 360 is seeking exemptions from the Following FAR Parts in title 14 code of regulations.

Purpose: To use a remote controlled helicopter that weigh 3.9 lb (1.8 kg) to conduct aerial photos

and aerial videography to enhance real estate listings.

Following are the parts that 360 are seeking exemptions for with abbreviation of rules and alternate 

proposals for stated exemption.

1. 14 C.F.R. 21 and 14 C.F.R. 91: Airworthiness Certificates & Manuals.

14 C.F.R. 21, Subpart H, entitled Airworthiness Certificates, sets forth requirements for 

procurement of necessary airworthiness certificates in relation to FAR § 91.203(a)(1). The 

size, weight and enclosed operational area C9 Capture’s UAS permits exemption from Part 21 

because 3DR Solo meets (and exceeds) an equivalent level of safety pursuant to Section 333 

of the Reform Act. The FAA is authorized to exempt aircraft from the airworthiness 

certificate requirement under both the Act (49 U.S.C. § 44701 (f)) and Section 333 of the 

Reform Act. Both pieces of legislation permit the FAA to exempt UAS's from the 

airworthiness certificate requirement in consideration of the weight, size, speed, 

maneuverability and proximity to areas such as airports and dense populations. 

14 C.F.R. 91.7(a) prohibits the operation of an aircraft without an airworthiness certificate. As 

no such certificate will be applicable in the form contemplated by the FARs, this Regulation is 

inapplicable.

14 C.F.R. § 91.9 (b) (2) requires an aircraft flight manual in the aircraft. As there are no on 

board pilots or passengers, and given the size of the UAS's, this Regulation is inapplicable. An 

equivalent level of safety will be achieved by maintaining safety/flight manual delineating 

areas of where safety can be defined. The FAA has previously issued exemptions to this 

regulation in Exemption Nos. 8607, 8737, 8738, 9299, 9299A, 9565, 9565B, 10167, 10167A, 

10602, 10700 and 32827.

4 C.F.R. § 91.121 regarding altimeter settings is inapplicable as the 3DR Solo utilizes 

electronic global positioning systems with a barometric sensor. 

14 C.F.R. § 91.203 (a) and (b) provides for the carrying of civil aircraft certifications and 

registrations. They are inapplicable for the same reasons described above. 

2. 14 C.F.R. § 45.23: Marking of the Aircraft. Applicable Codes of Federal Regulation require 

aircraft to be marked according to certain specifications. Our 3DR Solo are by definition, 

unmanned. They do not have a cabin, cockpit or pilot station on which to mark certain words 
or phrases. Further, two-inch lettering is difficult to place on such small aircraft with 

dimensions smaller that minimal lettering requirement. Regardless, 360 will mark its UAS’s 

in the largest possible lettering by placing the word “EXPERIMENTAL” on its fuselage as 

required by 14 C.F.R. §45.29 (f).The FAA has previously issued exemptions to this regulation 

through Exemptions Nos. 8738, 10167, 10167A and 10700.

3. 14 C.F.R. § 61.113: Private Pilot Privileges and Limitations: PIC

Mike Nilsson will be the operator of the UAS as he has a Commercial Pilots license (Cert no 

2434246).

4. 14 C.F.R. 91.119: Minimum Safe Altitudes. 14 C.F.R. § 91.119 prescribes safe altitudes for the 

operation of civil aircraft. It allows helicopters to be operated at lower altitudes in certain 

conditions. 360’s 3DR Solo will never operate at an altitude greater than 200 AGL; safely 

below the standard of 400 AGL. I, Mike Nilsson will however operate our UAS in safe areas 

away from public and traffic, providing a level of safety at least equivalent to or below those 

in relation to minimum safe altitudes. Given the size, weight, maneuverability and speed of 

the 3DR Solo, an equivalent or higher level of safety will be achieved.

6. 14 C.F.R. 91.405 (a); 407 (a) (1); 409 (a) (2); 417(a) & (b): Maintenance Inspections.

These Regulations only apply to aircraft with an airworthiness certificate. They will not,

therefore, apply to 360’s UAS. However, as a safety precaution 360 operator Mike Nilsson 

will inspect the UAS before and after each flight.

Summary; the FAA may publish in the Federal Register: A. 14 C.F.R. 21 and 14 C.F.R. 91: 

Airworthiness Certificates, Manuals and The Like. 14 C.F.R. 21, Subpart H, entitled 

Airworthiness Certificates, sets forth requirements for procurement of necessary 

airworthiness certificates in relation to FAR § 91.203(a)(1). The size, weight and enclosed 

operational area of 360 permit exemption from Part 21 because 360 meets an equivalent 

level of safety pursuant to Section 333 of the Reform Act. The FAA is authorized to exempt 

aircraft from the airworthiness certificate requirement under both the Act (49 U.S.C. § 44701 

(f)) and Section 333 of the Reform Act. Both pieces of legislation permit the FAA to exempt 

UAS's from the airworthiness certificate requirement in consideration of the weight, size, 

speed, maneuverability and proximity to areas such as airports and dense populations. 360 

operation and UAS meets or exceeds each of the elements. 14 C.F.R. § 91.9 (b) (2) requires 

an aircraft flight manual in the aircraft. As there are no pilots or passengers, and given the 

size of the UAS's, this Regulation is inapplicable. An equivalent level of safety will be achieved 

by maintaining a manual. The FAA has previously issued exemptions to this regulation in 

Exemption Nos. 8607, 8737, 8738, 9299, 9299A, 9565, 9565B, 10167, maintenance program 

that involves regular software updates and curative measures for any damaged hardware. 

Therefore, an equivalent level of safety will be achieved.