2/5/16

U.S. Department of Transportation

Docket Management System

1200 New Jersey Ave., SE

Washington, DC 20590

RE: Exemption Request Section 333 of the FAA Reform Act and 

Part 11 of the Federal Aviation Regulations

Dear Sir or Madam:

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

and 14 C.F.R. Part 11, Alaska Aerial Technologies, LLC (“Operator”) requests an exemption 

from the Federal Aviation Regulations (“FARs”) listed below and discussed in Appendix A.

1

 

Operator seeks the exemption to allow it to use the (2) 3DR Solo (s) in (i) commercial aerial 

photography and videography, including rural real estate documentation, rights-of-way and

remote site documentation (ii) aerial monitoring and data collection involving, but not limited to, 

commercial volumetric measurements, construction site documentation, and other sites 

requiring low altitude aerial imaging. Additionally, Alaska Aerial Technologies, LLC has

developed a relationship with various public safety agencies to assist with their future sUAS 

needs operating under Public Entity COAs, so long as those operations are conducted within 

and under the conditions specified herein or as established by the FAA in an exemption granted 

under either Section 333 or Section 49 U.S.C. § 44701(f).

The operating conditions and limitations set forth below, which Operator is willing to accept, are 

identical to those in the exemption granted to Aeryon Labs, Inc.2 The only material difference in 

this request is a change in the aircraft that Operator proposes to use; however, the FAA has 

also granted an exemption request for use of the 3DR Solo for commercial purposes.

3

 Because 

the 3DR Solo specified in this request is the same craft that the FAA has already approved, and 

because Operator will operate the aircraft fully in compliance with the conditions in exemption

precedent, the FAA need not provide notice in the Federal Register or ask for public comment. 

As a result, this exemption qualifies for summary processing.

As described more fully below, the requested exemption would authorize commercial operations 

using the 3DR Solo, which is a small unmanned aerial vehicle (“UAV”) with a weight of well 

under 55 pounds. The 3DR Solo will be operated at low altitude in limited airspace under 

controlled conditions; it has automated control features. Operator will provide commercial 

 

1 See Pub. Law 112-95, 126 Stat. 11, § 333 (2012).

2 See Aeryon Labs, Inc., FAA Exemption No. 11213, Regulatory Docket No. FAA-2014-0642 

(Mar. 24, 2015).

3 See Mr. Michael Intschert, FAA Exemption No. 11832, Regulatory Docket No. FAA-2015-1166 

(June 16, 2015).
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services in accordance with the FAA sUAS regulations and our own operations and procedures 

document. Any individual operating the [3DR Solo] will hold at least a recreational or sport pilot 

certificate and a U.S. state issued driver’s license. 

Use of this small, lightweight UAV for the proposed uses will provide significant benefits, 

particularly as compared to using traditional aircraft for these purposes. Alaska Aerial 

Technologies, LLC has used traditional manned aircraft, both fixed wing and helicopters for 

aerial photography since it began in 2007. The need for smaller, lighter, less expensive imaging 

platforms that can operate at low altitudes has been evident for years. We are experienced 

assessing risks, working with the FAA and ATC, and have done work for agencies including the 

National Park Service. Our PIC is a commercial airline pilot with current instrument, commercial 

SEL, SES, commercial MEL, and ATP ratings. Utilizing sUAS will enhance our capabilities and 

safety by decreasing the need for traditional aircraft for close-in aerial imaging. Compliance 

with the requested strict operating conditions, as they may be modified by the FAA, will ensure 

at least an equivalent level of safety to currently authorized operations using manned aircraft

and likely will provide a greater level of safety. Consequently, as discussed below, grant of this 

exemption would enhance safety and fulfill the Secretary of Transportation’s (the FAA 

Administrator’s) responsibilities under Section 333(c) of the Reform Act to “establish 

requirements for the safe operation of such aircraft systems in the national airspace system.”

Operator also requests a blanket Certificate of Waiver or Authorization (“COA”) for flights up to 

200 feet above ground level in the form approved by the FAA. Operator acknowledges that 

current FAA guidance requires a separate COA to fly at altitudes above 200 feet above ground 

level, and it will apply for COAs when required. Operator will also file any required Notices to 

Airmen for its flights.

The name and address of the applicant are:

Alaska Aerial Technologies, LLC

Attn: Brandon Anderson

PO Box 2283

Seward, AK 99664

Ph: 907-491-0385

Email: Brandon@alaskaaerial.com

The regulations from which the exemption is requested are as follows:

14 C.F.R. § 61.23(a) & (c); 

14 C.F.R. § 61.101(e)(4) & (5)

14 C.F.R. § 61.113(a);

14 C.F.R. § 61.315(a);

14 C.F.R. § 91.7(a);

14 C.F.R. § 91.119(c);

14 C.F.R. § 91.121 

14 C.F.R. § 91.151(a);

14 C.F.R. § 91.405(a);
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14 C.F.R. § 91.407(a)(1);

14 C.F.R. § 91.409(a)(2);

14 C.F.R. § 91.417(a) & (b)

Appendix A provides detail on each rule listed above and also explains why an exemption from 

each rule is not only appropriate, but will provide an equivalent level of safety and serve the 

public interest.

THE APPLICABLE LEGAL STANDARD UNDER SECTION 333

Approval of this exemption application to permit commercial use of the 3DR Solo will advance 

the Congressional mandate in Section 333 of the Reform Act to accelerate the introduction of 

unmanned aerial systems (“UASs”) into the national airspace system (“NAS”) if it can be 

accomplished safely. The Reform Act directs the Secretary of Transportation to consider 

whether certain UASs may operate safely in the NAS before completion of the rulemaking to 

establish general requirements for use of UASs. The Secretary must determine what types of 

UASs will not create a hazard to users of the NAS or the public and will not pose a threat to 

national security in light of the following:

 The size, weight, speed, and operational capability of the UAS;

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

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

Reform Act § 333(a)(1). Once the Secretary determines that UASs “may operate safely in the 

national airspace system, the Secretary shall establish requirements for the safe operation of 

such aircraft in the national airspace system.” Id. § 333(c) (emphasis added).4

PUBLIC INTEREST BENEFITS AND EQUIVALENT LEVEL OF SAFETY

The Federal Aviation Act also expressly provides that “[t]he Administrator may grant an 

exemption from a requirement of a regulation . . . . or any of sections 44702-44716 of this title if 

the Administrator finds the exemption is in the public interest.” 49 U.S.C. § 44701(f). See also

49 U.S.C. § 44711(a); 49 U.S.C. § 44704; 14 C.F.R. § 91.203(a)(1). This statutory authority

specifically includes exempting civil aircraft (as defined under § 40101 of the Act) from the 

airworthiness certificate requirement and regulations requiring that aircraft in commercial service 

be operated by commercial pilots.

This proposed exemption is in the public interest because of its evident equivalent level of 

safety, as well as the significant public benefit, including reduced costs and improved safety,

 

4 This provision requires the Administrator both to process applications for Section 333 

exemptions, but also, if he deems the conditions proposed in an application must be modified to 

allow approval, to supply conditions for the safe operation of the UAS. Operator is willing to 

consult with the FAA staff to address any issues raised by this application that may require such 

modifications.
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that will result from its proposed use. This exemption will apply to the 3DR Solo when operated

in accordance with the conditions proposed below. These conditions provide for at least an 

equivalent level of safety to operations with conventional aircraft under the current regulatory 

structure (and, in practice, a higher level of safety).

Specifically, use of a jet or piston powered aircraft for the purposes proposed in this application 

would be high risk, requiring operation very close to people and structures. Such vehicles 

weigh thousands of pounds, carry large amounts of highly flammable fuel, and provide limited 

maneuverability. In comparison, a small UAS like the 3DR Solo presents very little risk as it 

weighs much less than 55 pounds with payload, is powered by batteries, and is designed to be 

highly maneuverable. In addition, the UAS will not carry any passengers or crew and, as a 

result, will not expose individuals to the risks associated with conventional flight. Thus, 

operation of this small craft, in accordance with the strict conditions listed below, will provide an 

equivalent level of safety that is more than sufficient to support the grant of the requested 

exemption.

When conducting commercial operations, Operator agrees to be bound by the following

limitations, which are drawn from the exemption granted to Aeryon Labs, Exemption No. 11213:

1. Operations authorized by this grant of exemption are limited to the 3DR Solo 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 grant.

2. Operations for the purpose of closed-set motion picture and television filming are not 

permitted.

3. The UAS may not be operated at a speed exceeding 87 knots (100 miles per hour). 

Operator may use either groundspeed or calibrated airspeed to determine compliance 

with the speed restriction. In no case will the UAS be operated at airspeeds greater than 

the maximum UAS operating airspeed recommended by the aircraft manufacturer, which 

in this case is 47.8 knots (55 miles per hour).

4. The UAS 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 UAS 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 UAS 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 
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flight and cannot transfer his or her designation for the duration of the flight. The PIC 

must ensure that the VO can perform the duties required of the VO. 

7. The exemption and all documents needed to operate the UAS and conduct its 

operations in accordance with the conditions and limitations stated in the 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 in the exemption 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. 
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13. Under this grant of exemption, a PIC must hold either a 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 Colombia, 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 UAS 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 UAS 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 UAS must return to a 

predetermined 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 UAS to conduct the intended 

operation and to operate after that for at least five minutes or with the reserve power 

recommended by the manufacturer if greater. 
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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 UAS 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 UAS 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. 

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 
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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.

********

Privacy. Operator will conduct all UAS operations in compliance with applicable federal, state, 

or local privacy laws and regulations.

National Security. Grant of this exemption will not raise any national security issues. In light 

of the size, load carrying capacity, speed at which the proposed craft operates, and because it 

carries no explosives or other dangerous materials, the UAS poses no threat to national 

security.

********

For these reasons, Operator seeks an exemption from the FARs set forth in Appendix A to 

operate commercially a small unmanned vehicle (55 lbs. or less) in the use case described

above.

Operator’s compliance with the criteria provided in Section 333 of the Reform Act of 2012 –

size, weight, speed, operating capabilities, proximity to airports and populated areas, and 

operation within visual line of sight, and national security – is more than sufficient to support 

grant of an exemption to allow commercial operation of Operator’s UAS for the purposes 

outlined herein and is fully consistent with exemption precedent. The FAA should promptly

grant this request.

Very truly yours,

Brandon Anderson

Owner, Alaska Aerial Technologies, LLC

cc: William Crozier

Robert Pappas

Jake Troutman

Dean Griffith, Esquire

Thuy H. Cooper
APPENDIX A

EXEMPTION REQUEST AND EQUIVALENT LEVEL OF SAFETY DEMONSTRATION UNDER 

APPLICABLE RULES SUBJECT TO EXEMPTION

Operator requests an exemption from the following regulations as well as any additional 

regulations that the FAA staff may deem to apply to its utilization of the 3DR Solo in commercial 

activities:

14 C.F.R. § 61.23(a) and (c): Medical Certificates: Requirement and Duration

Sections 61.23(a) and (c) address the requirement of medical certificates for pilots. Section 

61.23(a) requires a person exercising the privileges of a recreational pilot to hold at least a third 

class medical certificate. Section 61.23(c) permits the holder of a sport pilot certificate to act as 

PIC of a light-sport aircraft with either a medical certificate or U.S. issued driver’s license. Lightsport aircraft may weigh up to 1,430 pounds and seat up to two persons, including the pilot. 

The proposed craft weighs much less than 55 pounds with payload and will not carry pilots, 

passengers, or cargo. The proposed craft also will be operated within visual line of sight of the 

PIC and below 400 feet above ground level and limited to operations with permission over 

private or controlled-access property. 

Given these safety parameters, Operator requests that the FAA waive Section 61.23(a) upon a 

finding that an equivalent level of safety will be provided by allowing operation of the proposed 

craft by pilots with a recreational or sport pilot certificate and a valid U.S. state issued driver’s 

license, in lieu of an FAA-issued medical certificate. Operator also requests that the FAA grant 

relief from Section 61.23(c) to allow sport pilot certificate holders to operate aircraft other than 

light-sport aircraft with a valid U.S. issued driver’s license. The FAA has granted exemptions to 

conduct similar operations in a number of cases, including Exemptions 11213 and 11832. 

14 C.F.R. § 61.101(e)(4) & (5), 61.113(a), and 61.315(a): Recreational Pilot Privileges and 

Limitations; Private Pilot Privileges and Limitations: Pilot in Command; What are the 

privileges and limits of my sport pilot certificate?

Sections 61.101(e)(4) & (5) and 61.113(a) limit recreational or private pilots to non-commercial 

operations. Unlike a conventional aircraft that carries a pilot, passengers, and cargo, the 

proposed craft in this case is remotely controlled with no passengers or property of others on 

board. Section 61.315(a) addresses the privileges and limitations of the holder of a sport pilot 

certificate. 

Operating conditions need to take into account the characteristics of the particular UAS. The

proposed craft has a high degree of pre-programmed control and various built-in navigation and 

other technical capabilities that strictly limit the potential for operation outside of the operating 

conditions set forth in the exemption application. These features include:

 Geo-fencing function;

 An automated “return home” function;

 The ability to land the UAS at its current location;

 A pause function that stops the UAS’s movement and causes it to hover at its current 

location;
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 Automatic return home if signal link is lost; 

 Automatic return home if the battery charge level reaches 5 percent or less; and

 The ability to take manual control of the UAS in emergencies.

In light of these safety features, operators of the proposed craft should not be required to hold a 

commercial pilot certification. Rather, possession of a recreational or sport pilot certificate

should suffice.

Given the proposed craft’s size, speed, lack of flammable fuel and operational capabilities, its 

operation presents much less risk than associated with commercial operations contemplated by 

Part 61 with conventional aircraft (fixed wing or rotorcraft). Operation as set forth herein meets 

or exceeds the present level of safety provided under the regulations cited above and does not 

rise to the level of requiring a commercial pilot to operate the aircraft.

Thus, an equivalent level of safety will be provided by allowing operation of the proposed craft

with a recreational or sports pilot certificate, under the conditions set forth in the exemption 

request. The FAA has granted exemptions to conduct similar operations in a number of cases,

including Exemptions 11213 and 11832. 

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

This regulation provides that no person may operate a civil aircraft unless it is in airworthy 

condition. In previous grants, the FAA has stated that, since the petitioner’s UAV will not require 

an airworthiness certificate, the pilot, for purposes of this rule, may determine the aircraft is in an 

airworthy condition prior to flight. Given the size of the aircraft and the requirements to which 

the Operator has agreed relating to airworthiness, as set forth in the manual provisions, an 

equivalent level of safety will be achieved by ensuring compliance with the manual provisions 

prior to each flight. The FAA has granted exemptions to conduct similar operations in 

Exemptions 11062 through 11067, 11080, 11109, 11110, 11136, 11138, 11213 and 11832.

14 C.F.R. § 91.119(c): Minimum Safe Altitudes.

Section 91.119 establishes safe altitudes for operation of civil aircraft. Specifically, 91.119(c) 

limits aircraft flying over areas other than congested areas to an altitude of 500 feet above the 

surface, except over open water or sparsely populated areas. In those cases, the aircraft may 

not be operated closer than 500 feet to any person, vessel, vehicle, or structure.

The proposed craft will never operate at higher than 400 feet AGL. It also will be operated to 

avoid congested or populated areas. Because the proposed use must be accomplished at

relatively low altitudes (seldom over 100’ AGL) and at altitudes less than 500 feet AGL, an 

exemption from Section 91.119(c) is needed.

Given the 3DR Solo’s weight and speed and the material with which it is built, an equivalent 

level of safety will be achieved. Moreover, as set forth in the proposed conditions, all flights will 

be conducted with the permission of the landowner or those who control the land as well as the 

permission of local officials, if required. Advance notice to the landowner will ensure that all 

affected individuals will be aware of the flights. Given the characteristics of the sUAS, any risk 

of these operations will be much less than the risks associated with similar operations by 

conventional aircraft weighing thousands of pounds and carrying flammable fuel. In addition, 

given the limitations on the altitude of UAS operations, the UAS will maintain separation 
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between its operations and the operations of conventional aircraft that must comply with Section 

91.119. The FAA has granted exemptions to conduct similar operations in Exemptions 11062 

through 11067, 11080, 11110, 11136, 11138, 11150, 11153, 11213, and 11832.

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

Section 91.121 requires that each person operating an aircraft shall maintain the cruising 

altitude or flight level of that aircraft, as the case may be, by reference to an altimeter that is set, 

when operating below 18,000 feet MSL to: (a) the current reported altimeter setting of a station 

along the route and within 100 nautical miles of the aircraft; (b) if there is no station within the 

area prescribed in paragraph (a)(1)(i) of this section, the current reported altimeter setting of an 

appropriate available station; or (c) in the case of an aircraft not equipped with a radio, the 

elevation of the departure airport or an appropriate altimeter setting available before departure.

To provide an equivalent level of safety, the 3DR Solo autopilot establishes the reference 

altitude (ground level) with the on-board GPS during the pre-flight tests. The UAS’s barometer 

and GPS equipment ensure safety by providing the PIC with information concerning the altitude 

of the UAS during flight.]

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

Section 91.151(a) prohibits an individual from beginning “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.”

The 3DR Solo’s battery provides approximately 25 minutes of powered flight, approximately 

20 minutes with payload. Without an exemption from § 14 C.F.R. 91.151, flights of the 

proposed craft would not be possible. In light of the limitations on its proposed operations and 

the location of those proposed operations, an exemption from Section 91.15(a) is reasonable.

Operating the small UAS does not pose the kinds of risks that Section 91.151(a) was meant to 

prevent, particularly in light of the UAS’ size and the speed at which it operates as well as its 

lack of onboard pilot, passenger, or cargo. Further, if the 3DR Solo reaches a critical battery 

state, it simply returns to home and lands.

Operator believes that an equivalent level of safety can be achieved by maintaining five minutes 

of reserve fuel, which, allowing approximately 15 minutes of flight time with payload, would be 

more than adequate to return the proposed craft to its planned landing zone from anywhere in 

its operating area.

Similar exemptions have been granted to other operators, including Exemptions 11062 through 

11067, 11080, 11109, 11110, 11112, 11136, 11138, 11150, 11153, 11213, and 11832.

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

Section 91.405(a) requires that an aircraft operator or owner “shall have that aircraft inspected 

as prescribed in subpart E of this part and shall between required inspections, except as 

provided in paragraph (c) of this section, have discrepancies repaired as prescribed in part 43 of 
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this chapter . . . .” Section 91.407 similarly makes reference to requirements in Part 43; 

Section 91.409(a)(2) requires an annual inspection for the issuance of an airworthiness 

certificate. Section 91.417(a) requires the owner or operator to keep records showing certain 

maintenance work that has been accomplished by certificated mechanics, under Part 43, or 

licensed pilots and records of approval of the aircraft for return to service.

The Operator of the proposed craft will perform maintenance in accordance with the manual

provisions. An equivalent level of safety will be achieved because the small UAS is not a 

complex mechanical device, and it will carry a small payload and operate only in restricted 

predetermined areas. As provided in the manual provisions, the Operator will ensure that the 

UAS is in working order prior to initiating flight, perform required maintenance, and keep a log of 

any maintenance that is performed; moreover, the Operator is the person most familiar with the 

aircraft and is best suited to maintain the aircraft in an airworthy condition and to ensure an 

equivalent level of safety. The FAA has granted exemptions for similar operations in 

Exemptions 11062 through 11067, 11080, 11109, 11110, 11112, 11136, 11138, 11213, and 

11832.