From:

Brian James Betker

21301 Prospect Ave

Tehachapi, CA 93561

To:

Dear Sir or Madam: 

Pursuant to Section 333 of the FAA Modernization and Reform Act of 2012 (the reform act) and CFR Part 

11; I, Brian Betker, owner and operator of the Unmanned Aircraft System (UAS) registered as N589XQ, 

would like to formally request to be exempted from the Federal Aviation Regulations listed below so 

that I may operate UASs commercially in airspace regulated by the FAA so long as such operations are 

conducted within and under the conditions outlined herein or as established by the FAA as required by 

Section 333. 

I am a private pilot located in Tehachapi, California. I am requesting exemption from the regulations 

listed below to perform aerial photography and videography for hire with the UAS N589XQ. As will be 

outlined in this letter, my goal is to prove that all of my operations in pursuit of this line of business will 

follow the intent of the regulations coded in 14 CFR with respect to the public's safety. 

The UAS I intend to operate is registered with the FAA as N589XQ, serial number S111A5606971. It is a 

3D Robotics Solo rotorcraft weighing 4 pounds with a maximum level flight speed of 33 MPH. It features 

a built in flight computer that includes many safety features such as GPS-stabilized hovering, return to 

home, altitude restrictions, automated no-fly-zones and an integrated power management system 

which includes full telemetry to the user’s radio controller. Communication with the UAS is done via a 

handheld controller. All data is transferred via a 2.4GHz network link very similar to WiFi found in many 

homes in the US. It is an FCC certified solution (FCC ID 2ADYD-S111A).

I submit this application in accordance with the Reform Act, 112 P.L. 95 331-334, seeking relief from any 

currently applicable FARs preventing the operation of commercial use of small UAS in the National 

Airspace System (NAS). The reform act section 332 provides for such integration of civil unmanned 

aircraft into our national airspace system as it is in the public's interest to do so. As described above, 

N589XQ meets the definition of "small unmanned aircraft" as defined in Section 331. 

After researching the applicable regulations for operating N589XQ in the NAS, I respectfully request the 

grant of an exemption from the following specific sections of the Title 14 CFR:

14 CFR 91.7 (a)

91.7 prohibits the operation of an aircraft without an airworthiness certificate. However, the FAA is 

authorized to exempt aircraft from the airworthiness certificate requirement under both the Act 49 USC 

4470(f) and Section 333 of the Reform Act. Both pieces of legislation permit the FAA to exempt UAS 

from airworthiness certificates in consideration of weight, size, speed, maneuverability and proximity to 

areas such as airports and dense populations. N589XQ is sufficiently small and slow that the first three 

elements should not be a factor. In addition, N589XQ will be operated only in sparsely populated areas 
10+ statute miles from any airports. Due to the flight characteristics and intended missions of N589XQ, I 

would like to request an exemption from 91.7.

14 CFR 91.119

91.119 describes minimum safe flight altitudes for civil aircaft. It allows rotorcraft to be operated at 

lower altitudes in certain conditions. In the interest of public safety, N0000XT will exclusively be 

operated below 400ft AGL. In pursuit of the intended commercial purpose of photographing real 

property, it may also be operated closer than 500ft to people or property. In consideration of 91.119, 

N589XQ will only be operated in sparsely populated areas 500ft or more away from any nonparticipating persons or property. “Non-participating” means any person or property which N589XQ has 

not been specifically granted permission to fly near. 

14 CFR 91.121

91.121 deals with the altimeter setting of the aircraft. N589XQ is not equipped with a pressurealtimeter, and rather uses highly-accurate GPS data to derive altitude. All altitude reported is relative to 

ground level. Since the aircraft will never be flown higher than 400ft, I believe that the safety 

considerations coded into 91.121 do not apply to N589XQ.

14 CFR 91.151 (a)(1)

91.151 concerns fuel requirements for flight. Specifically, it mandates that in day VFR, an aircraft must 

carry enough fuel to fly to the point of intended landing and still have 30 minutes of useable fuel. 

N589XQ is powered by electrical batteries and has a maximum flight duration of 18 minutes. Thus, it 

would be impossible to conform with 91.151 during any normal operations. However, due to its small 

nature, N589XQ is capable of landing on any flat surface with a lateral clearance of 2 feet in any 

direction. This means that it is not unsafe to operate N589XQ in situations of low fuel. N589XQ will 

never be operated with under 3 minutes of remaining flight time for commercial purposes.

14 CFR 91.405 (a), 14 CFR 91.407 (a)(1), 14 CFR 91.409 (a)(1) & (a)(2)

These regulations deal with inspection and maintenance requirements for civil aircraft. N589XQ is, in 

general, an extremely simple system, consisting of the following components:

a) Plastic frame

b) Four electric motors

c) Battery

d) Computer control unit

A pre-flight checklist, which is provided by the manufacturer’s handbook will be performed before every 

flight. This checklist should be sufficient to ensure that defects or malfunctions of any of the above 

components are detected prior to flight. For this reason, I believe that the formal inspection and 

maintenance requirements for civil aircraft are not necessary for the operations I propose.

For reference purposes, the FAA has previously issued exemptions to the above regulations for similar 

purposes in Exemptions Nos. 11062, 11109, 11109, 11112 and 11213.

In addition to the above restrictions, I plan to further restrict my operations in the manner described 

below to ensure the safety of the general public and their property:
1. Flights will only occur in the day time hours.

2. N589XQ will only be operated for commercial purposes by Brian Betker, private pilot, certificate 

number 3712741. 

3. Brian Betker will maintain a current and valid medical certificate whenever N589XQ is operated 

for commercial purposes.

4. Flights will be terminated at any time weather and wind deteriorate to "unsafe for flight" by 

manufacturers recommendations as outlined in the operating handbook.

5. Flights will only operate in VFR conditions. 

6. N589XQ will never be operated at a weight greater than 55lbs.

7. N589XQ will never fly above 400ft AGL.

8. N589XQ will always be flown within visual line of sight (VLOS) of Brian Betker.

9. Consent will be obtained from all non-participating persons and property within 1000ft of the 

intended flight path of N589XQ.

10. N589XQ will observe all airspace regulations applicable to standard civil aircraft.

11. N589XQ will not be flown within 10 miles of any airport.

12. A preflight checklist outlined in the operating handbook will be completed before every flight.

Approval of these 333 Exemptions allowing commercial operation of N589XQ in the service of aerial 

photography will greatly enhance safety by reducing the overall risk associated with the use of manned 

aircraft in similar roles. Traditional aerial photography requires large aircraft to fly in close proximity of 

populated areas and people in general. Even in the unlikely event of a crash or collision, N589XQ

represents very little risk of injury to people or property due to its small weight and operational speed.

I respectfully request the FAA grant its exception without delay. The FAA has the authority to issue the 

exemption sought by Brian Betker pursuant to the Federal Aviation Act, 85 P.L. 726 (1958) as amended 

(the ACT). 

Thank you for your consideration,

Brian Betker

Private Pilot, Cert #3712741