1

Applicant

Ben Anderson

Hightop Studioz LLC

303 N 8th St

River Falls, WI 54022 

651-261-6610

hightopstudioz@gmail.com

Attachment

3d Robotics_Solo_User Manual

3d Robotics_Solo_Quick Setup Guide

August 19, 2015

U. S. Department of Transportation

Docket Management System

1200 New Jersey Ave., SE

Washington, DC 20590

Dear Sir or Madam:

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

14 C.F.R. Part 11, Ben Anderson, doing business as Hightop Studioz LLC, manager and operator of 

Small Unmanned Aircraft Systems (“sUASs”) equipped to conduct closed-set aerial photography and 

videography, here by applies for an exemption from the listed Federal Aviation Regulations (“FARs”) to 

allow commercial operation of its sUASs, so long as such operations are conducted within and under the 

conditions outlined herein or as may be established by the FAA as required by Section 333.

As described more fully below, the requested exemption would permit the operation of small, 

unmanned and relatively inexpensive sUAS under controlled conditions in airspace that is 1) limited 2) 

predetermined 3) controlled as to access and 4) would provide safety enhancements to the already safe 

operations while using conventional aircraft. Approval of this exemption would thereby enhance safety 

and fulfill the Secretary of Transportation’s (the FAA Administrator’s) responsibilities to “...establish

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

333(c) of the Reform Act.

* Please see attachment “3d Robotics_Solo_User Manual” for safety precautions I use for every flight.

Regulations from which the exemption is requested:

14 CFR Part 21 subpart H 14 CFR 45.23 (b) 14 CFR 91.7 (a) 14 CFR 91.9 (b) (2) 14 CFR 91.103 14 CFR 

91.109 14 CFR 91.119 (c) 14 CFR 91.121 14 CFR 91.203 (a) and (b) 14 CFR 91.405 (a) 14 CFR 91.407 

(a) (1) 14 CFR 91.409 (a) (2) 14 CFR 91.417 (a) and (b)

Ben Anderson, Hightop Studioz LLC, 303 N 8th St, River Falls, WI 54022, 651-261-6610, hightopstudioz@gmail.com
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This exemption application is expressly submitted to fulfill Congress’ goal in passing Section 

333(a) through (c) of the Reform Act. This law directs the Secretary of Transportation to consider 

whether certain unmanned aircraft systems may operate safely in the national airspace system (NAS) 

before completion of the rulemaking required under Section 332 of the Reform Act. In making this 

determination, the Secretary is required to determine which types of UASs do not create a hazard to users 

of the NAS or the public or pose a threat to national security in light of the following: 

• 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 visual line of sight of the operator

• Operation of the UAS in daylight

Reform Act § 333 (a). Lastly, if the Secretary determines that such vehicles “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)1

. 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, that includes sUASs, from the 

requirement that all civil aircraft must have a current airworthiness certificate.

The Administrator may grant an exemption from a requirement of a regulation prescribed under 

subsection (a) or (b) of this section or any sections 44702-44716 of this title if the Administrator finds the 

exemption in the public interest. 49 U.S.C. §44701(f) See also 49 USC §44711(a); 49 USC §44704; 14 

CFR §91.203 (a) (1).

Hightop Studioz LLC’s sUASs are rotorcraft, weighting 55 or fewer lbs. including payload. They 

operate, under normal conditions at a speed of no more than 50 knots and have the capability to hover, 

and move in the vertical and horizontal plane simultaneously. They will operate only in line of sight and 

will operate only within the sterile area. Such operations will insure that the sUAS will “not create a 

hazard to users of the national airspace system or the public.”2

Given the small size of the sUASs involved and the restricted sterile environment within which 

they will operate, the applicant falls squarely within that zone of safety (an equivalent level of safety) in 

which Congress envisioned that the FAA must, by exemption, allow commercial operations of UASs to 

commence immediately. Also due to the size of the UASs and the restricted areas in which the relevant 

sUASs will operate, approval of the application presents no national security issue. Given the clear 

direction in Section 333 of the Reform Act, the authority contained in the Federal Aviation Act, as 

amended; the strong equivalent level of safety surrounding the proposed operations, and the significant 

public benefit, including enhanced safety, reduction in environmental impacts, including reduced 

emissions associated with allowing UASs for movie and television operations, the grant of the requested 

exemptions is in the public interest. Accordingly, the applicant respectfully requests that the FAA grant 

the requested exemption without delay.

1 Applicant interprets this provision to place the duty on the Administrator to not only process applications for 

exemptions under section 333, but for the Administrator to craft conditions for the safe operation of the UAS, if it 

should be determined that the conditions set forth herein do not fulfill the statutory requirements for approval. 2 Reform Act Section 333 (b).

Ben Anderson, Hightop Studioz LLC, 303 N 8th St, River Falls, WI 54022, 651-261-6610, hightopstudioz@gmail.com

 
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These limitations and conditions to which Hightop Studioz LLC agrees to be bound when

conducting commercial operations under an FAA issued exemption include:

1. The sUAS will weigh less than 55 lbs. 

2. Flights will be operated within line of sight of a pilot and/or observer.

3. Maximum total flight time for each operational flight will be 30 minutes. Flights will be 

terminated at 25% battery power reserve should that occur prior to the 30 minute limit.

4. Flights will be operated at an altitude of no more than 400 feet AGL or, not more than 200 feet 

above an elevated platform from which filming is planned.

5. Minimum crew for each operation will consist of the sUAS Pilot, the Visual Observer, and the 

Camera Operator.

6. sUAS pilot will be an FAA licensed airman with at least a private pilot’s certificate and third 

class medical. The observer will hold at least a third class medical.

7. sUAS Pilot will be Pilot in Command (PIC). If a pilot certificate holder other than the sUAS 

Pilot, who possess the necessary PIC qualifications, is also present on set (i.e. the Aerial 

Coordinator), that person can also be designated as PIC.

8. The UAS will only operate within a confined “Sterile Area” as defined in the Manual. Section H, 

I and J of the Manual requires the establishment of a “Security Perimeter” for the flight 

operations area. 

9. A briefing will be conducted in regard to the planned sUAS operations prior to each day’s 

production activities. It will be mandatory that all personnel who will be performing duties within 

the boundaries of the safety perimeter be present for this briefing.

10. The operator will file a FAA Form 7711-1, or its equivalent, as modified in light of the requested 

exemption, with the appropriate Flight Standards District Office.

11. The operator will obtain the consent of all persons involved in the filming and ensure that only 

consenting persons will be allowed within 100 feet of the flight operation, and this radius may be 

reduced to 30 feet based upon an equivalent level of safety determination, as required by Section 

K of the Manual. With the advanced permission of the relevant FSDO, operations at closer range 

can be approved.

12. The operator will submit a written Plan of Activities to the FSDO three days before the proposed 

shoot as required in Section K of the Manual.

13. Pilot and observer will have been trained in operation of UAS generally and received up-to-date 

information on the particular UAS to be operated as required Sections M and N of the Manual.

14. Observer and pilot will at all times be able to communicate by voice and/or text.

15. Written and/or oral permission from the relevant property holders will be obtained.

16. All required permissions and permits will be obtained from territorial, state, county or city 

jurisdictions, including local law enforcement, fire, or other appropriate governmental agencies.

17. If the sUAS loses communications or loses its GPS signal, the UAS will have capability to return 

to a pre-determined location within the Security Perimeter and land.

18. The sUAS will have the capability to abort a flight in case of unpredicted obstacles or 

emergencies.

Ben Anderson, Hightop Studioz LLC, 303 N 8th St, River Falls, WI 54022, 651-261-6610, hightopstudioz@gmail.com
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14 C.F.R. Part 21, Subpart H: Airworthiness Certificates 14 CFR §91.203 (a) (1) 

Subpart H, entitled Airworthiness Certificates, establishes the procedural requirements for the 

issuance of airworthiness certificates as required by FAR §91.203 (a) (1). Given the size and limited 

operating area associated with the aircraft to be utilized by the applicant, an exemption from Part 21 

Subpart H meets the requirements of an equivalent level of safety under Part 11 and Section 333 of the 

Reform Act. The Federal Aviation Act (49 U.S.C. §44701 (f)) and Section 333 of the Reform Act both 

authorize the FAA to exempt aircraft from the requirement for an airworthiness certificate, upon 

consideration of the size, weight, speed, operation capability, and proximity to airports and populated area 

of the particular UAS. In all cases, an analysis of these criteria demonstrates that the sUAS operated 

without an airworthiness certificate, in the restricted environment and under the conditions proposed will 

be at least as safe, or safer, than a conventional aircraft (fixed wing or rotorcraft) operating with an 

airworthiness certificate without the restrictions and conditions proposed. 

The sUAS to be operated hereunder is less than 55 lbs. fully loaded, carries neither a pilot nor 

passenger, carries no explosive materials or flammable liquid fuels, and operates exclusively within a 

secured area as set out in the Manual. Unlike other civil aircraft, operation under this exemption will be 

tightly controlled and monitored by both the operator, pursuant to the Manual’s requirements, and under 

the requirements and in compliance with local public safety requirements, to provide security for the area 

of operation as is now done with conventional filming. The FAA will have advance notice of all 

operations. These safety enhancements, which already apply to civil aircraft operated in connection with 

motion picture and television production, provide a greater degree of safety to the public and property 

owners than conventional operations conducted with airworthiness certificates issued under 14 C.F.R. 

Part 21, Subpart H. Lastly, application of these same criteria demonstrates that there is no credible threat 

to national security posed by the UAS, due to its size, speed of operation, location of operation, lack of 

explosive materials or flammable liquid fuels, and inability to carry a substantial external load. 

14 C.F.R. § 45.23 (b). Making of the Aircraft, requires: 

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 mores than 6 inches high, the words “limited,” :restricted,” “light-sport,” 

“experimental,” or “provisional,” as applicable. Even though the UAS will have no airworthiness 

certificates, an exemption may be needed as the UAS will have no entrance to the cabin, cockpit or pilot 

station on which the word “Experimental” can be place. Given the size of the sUAV, two-ince lettering 

will be impossible. The word “Experimental” will be placed on the fuselage in compliance with §45.29 

(f).

Even though the UAS will have no airworthiness certificates, an exemption may be needed as the 

UAS will have no entrance to the cabin, cockpit or pilot station on which the word “Experimental” can be 

place. Given the size of the sUAV, two-ince lettering will be impossible. The word “Experimental” will 

be placed on the fuselage in compliance with §45.29 (f).

Ben Anderson, Hightop Studioz LLC, 303 N 8th St, River Falls, WI 54022, 651-261-6610, hightopstudioz@gmail.com
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The equivalent level of safety will be provided by having the sUAV marked on its fuselage as 

required by §45.29 (f) where the pilot, observer and others working with the sUAV will see the 

identification of the UAS as “Experimental.” The FAA has issued the following exemptions to this 

regulation to Exemptions Nos. 10700, 8738, 10167 and 10167A.

14 C.F.R. § 61.113 (a) & (b): Private Pilot Privileges and Limitations: Pilot in Command

Sections 61.113 (a) & (b) limit private pilots to non-commercial operations. Because the UAS 

will not carry a pilot or passengers, the proposed operations can achieve the equivalent level of safety of 

current operations by requiring the PIC operating the aircraft to have a private pilot’s license rather than a 

commercial pilot’s license to operate this small UAS. Unlike a conventional aircraft that carries the pilot 

and passengers, the sUAS is remotely controlled with no living thing on board. The area of operation is 

controlled and restricted, and all flights are planned and coordinated in advance as set forth in the Manual. 

The level of safety provided by the requirements included in the Manual exceeds that provided by a single 

individual holding a commercial pilot’s certificate operating a conventional aircraft. The risks associated 

with the operation of the sUAS are so diminished from the level of risk associated with commercial 

operations contemplated by Part 61 when drafted, that allowing operations of the sUAS as requested with 

a private pilot as the PIC exceeds the present level of safety achieved by 14 C.F.R. §61.113 (a) & (b). 

14 C.F.R. §91.7(a): Civil aircraft airworthiness

The regulation requires that no person may operate a civil aircraft unless it is in airworthy 

condition. As there will be no airworthiness certificate issued for the aircraft, should this exemption be 

granted, no FAA regulatory standard will exist for determining airworthiness. Given the size of the 

aircraft and the requirements contained in the Manual for maintenance and use of safety check lists prior 

to each flight, as set forth in Sections J, L and Q, an equivalent level of safety will be provided.

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

Section 91.9 (b) (2) provides: No person may operate a U.S.-registered civil aircraft. (2) For 

which an Airplane or Rotorcraft Flight Manual is not 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.

The sUAS, given its size and configuration has no ability or place to carry such a flight manual 

on the aircraft, not only because there is no pilot on board, but because there is no room or capacity to 

carry such an item on the aircraft. The equivalent level of safety will be maintained by keeping the flight 

manual at the ground control point where the pilot flying the sUAS will have immediate access to it. The 

FAA has issued the following exemptions to this regulation: Exemption Nos. 8607, 8737, 8738, 9299, 

9299A, 9565, 9565B, 10167, 10167A, 10602, 32827, and 10700.

Ben Anderson, Hightop Studioz LLC, 303 N 8th St, River Falls, WI 54022, 651-261-6610, hightopstudioz@gmail.com
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14 C.F.R. § 91.103: Preflight action

This regulation requires each pilot in command to take certain actions before flight to insure the 

safety of flight. As FAA approved rotorcraft flight manuals will not be provided for the aircraft an 

exemption will be needed. An equivalent level of safety will be provided as set forth in the Manual. The 

PIC will take all actions including reviewing weather, flight battery requirements, landing and takeoff 

distances and aircraft performance data before initiation of flight. All of this is found in the attached “3d 

Robotics_Solo_User Manual.”

14 C.F.R. §91.109: Flight instruction

Section 91.103 provides that no 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. 

sUASs and remotely piloted aircraft, by their design do not have fully functional dual controls. 

Flight control is accomplished through the use of a control box that communicates with the aircraft via

radio communications. The FAA has approved exemptions for flight training without fully functional 

dual controls for a number of aircraft and for flight instruction in experimental aircraft. See Exemption 

Nos.5778K & 9862A. The equivalent level of safety provided by the fact that neither a pilot nor 

passengers will be carried in the aircraft and by the size and speed of the aircraft.

14 C.F.R. §91.119: Minimum safe altitudes 

Section 91.119 establishes safe altitudes for operation of civil aircraft. Section 91.119 (d) allows 

helicopters to be operated at less than the minimums prescribed, provided the person operating the 

helicopter complies with any route or altitudes prescribed for helicopters by the FAA. As this exemption 

is for a sUAS that is a helicopter and the exemption requests authority to operate at altitudes up to 400 

AGL, or not more than 200 above an elevated platform from which filming is planned, an exemption may 

be needed to allow such operations. As set forth herein, except for the limited conditions stated in the 

Manual, the UAS will never operate at higher than 400 AGL. It will however be operated in a restricted 

area with security perimeter, where buildings and people will not be exposed to operations without their 

pre-obtained consent.

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

as the location where it is operated. No flight will be taken without the permission of the property owner 

or local officials. Because of the advance notice to the property owner and participants in the filming 

activity, all affected individuals will be aware of the planned flight operations as set forth in the Manual. 

Compared to flight operations with aircraft or rotorcraft weighting far more than the maximum 55lbs. 

proposed herein and the lack of flammable fuel, any risk associated with these operations is far less than 

those presently presented with conventional aircraft operating at or below 500 AGL in the movie industry. 

In addition, the low-altitude operations of the sUAS will ensure separation between these small-UAS 

operations and the operations of conventional aircraft that must comply with Section 91.119.

Ben Anderson, Hightop Studioz LLC, 303 N 8th St, River Falls, WI 54022, 651-261-6610, hightopstudioz@gmail.com
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14 C.F.R. §91.121 Altimeter Settings

This regulation requires each person operating an aircraft to maintain cruising altitude by 

reference to an altimeter that is set “...to the elevation of the departure airport or an appropriate altimeter 

setting available before departure.” As the sUAS may not have a barometric altimeter, but instead a GPS 

altitude read out, an exemption may be needed. An equivalent level of safety will be achieved by the 

operator, pursuant to the Manual and Safety Check list, confirming the altitude of the launch site shown 

on the GPS altitude indicator before 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 battery powering the sUAS provides approximately 15 minutes of powered flight. To meet 

the 30 minute reserve requirement in 14 CFR §91.151, sUAS flights would not be possible. Given the 

limitations on the UAS’s proposed flight area and the location of its proposed operations within a 

predetermined area, a longer time frame for flight in daylight VFR conditions is reasonable. 

Applicant believes that an exemption from 14 CFR §91.151(a) falls within the scope of prior 

exemptions. See Exemption 10673 (allowing Lockheed Martin Corporation to operate without 

compliance with FAR 91.151 (a)). Operating the small UAS, in a tightly controlled area where only 

people and property owners or official representatives who have signed waivers will be allowed, with less 

than 15 minutes of reserve fuel, does not engender the type of risks that Section 91.151(a) was intended to 

alleviate given the size and speed of the small UAS. Additionally, grounding sUAS flights which do not 

have sufficient reserves, would greatly reduce the utility for which the exemption will be granted. 

Applicant believes that an equivalent level of safety can be achieved by limiting flights to 15 

minutes or 25% of battery power whichever happens first. This restriction would be more than adequate 

to return the sUAS to its planned landing zone from anywhere in its limited operating area.

Similar exemptions have been granted to other operations, including Exemptions 2689F, 5745, 

10673, and 10808.

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

The regulation provides in pertinent part: 

(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 entrance so that it is legible to passengers or crew. 

Ben Anderson, Hightop Studioz LLC, 303 N 8th St, River Falls, WI 54022, 651-261-6610, hightopstudioz@gmail.com
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The UAS fully loaded weighs no more than 55 lbs. and is operated without an onboard pilot. As 

such, there is no ability or place to carry certification and registration documents or to display them on the 

sUAS. 

An equivalent level of safety will be achieved by keeping these documents at the ground control 

point where the pilot flying the sUAS will have immediate access to them, to the extent they are 

applicable to the sUAS. The FAA has issued numerous exemptions to this regulation. A representative 

sample of other exceptions includes Exemption Nos. 9565, 9665, 9789, 9789A, 9797, 9797A, 9816A, and 

10700.

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

These regulations require 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 this chapter...,” and 

others shall inspect or maintain the aircraft in compliance with Part 43. The drone to be used is a 3DR 

Solo. At 3.3 lbs. (no camera) and 3.9 lbs. with GoPro® and Solo Gimbal attached, the weight of these 

UAS meets the definition of "small unmanned aircraft" found in section 331.

Given that these section and Part 43 apply only to aircraft with an airworthiness certificate, these 

sections will not apply to the applicant. Maintenance will be accomplished by the operator pursuant to the 

flight manual and operating handbook as referenced in the Manual.(See Sections L and Q) An equivalent 

level of safety will be achieved because these small UASs are very limited in size and will carry a small 

payload and operate only in restricted areas for limited periods of time. If mechanical issues arise the 

UAS can land immediately and will be operating from no higher than 400 feet AGL. As provided in the 

Manual, 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 performed. Moreover, the operator is the person 

most familiar with the aircraft and best suited to maintain the aircraft in an airworthy condition to provide 

the equivalent level of safety.

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 needed: 

Applicant seeks an exemption from the following rules: 14 C.F.R. §21, subpart H; 14 C.F.R 

45.23(b);14 C.F.R. §§ 61.113( a) & (b);91.7 (a); 91.9 (b) (2);91.103(b);91.109; 91.119; 91.121; 

91.151(a);91.203(a) and (b); 91.405 (a); 91.407 (a) (1); 91.409 (a) (2); 91.409 (a) (2) and 91.417 (a) & (b) 

to operate commercially a small unmanned vehicle (55lbs or less) in closed-set aerial photography and 

videography.

Approval of exemptions allowing commercial operations of sUASs in the multimedia industry 

will enhance safety by reducing risk. Conventional film operations, using jet or piston power aircraft, 

operate at extremely low altitudes just feet from the subject being filmed and in extreme proximity to 

people and structures; and present the risks associated with vehicles that weigh in the neighborhood of 

4,000lbs., carrying large amounts of jet A or other fuel (140 gallons for jet helicopters shown below). 

Such aircraft must fly to and from the film location. In contrast, a sUAS weighing fewer than 55 lbs. and 

Ben Anderson, Hightop Studioz LLC, 303 N 8th St, River Falls, WI 54022, 651-261-6610, hightopstudioz@gmail.com