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11/3/2014

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 from 14 CFR Part 21, Subpart H; 14 CFR § 91.203(a)(1);14 CFR

Part 27: 14 CFR §§ 91.9(c), 45.23(b) and 45.27(a);14 CFR § 61.113 (a) & (b);14 CFR § 

91.7(a); 91.9(b)(2); 91.103; 91.109(a); 91.119; 91.121; 91.151(a); 91.203 (a) & (b); 

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

Dear Sir or Madam:

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

Act") and 14 CFR Part 11, Solusia Air, LLC ("Petitioner"), a utility aerial service 

company that performs telecommunications and utility structure inspection, construction 

and maintenance services, hereby applies for an exemption from Federal Aviation 

Regulations ("FARs") identified below, to allow commercial operation of small 

unmanned aerial systems (“sUAS") 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 333.1

This exemption is in accordance with protocols outlined in this petition for exemption, 

protocols defined in the following proprietary and confidential documents: 

Exhibit A - Solusia Air Operations of the Aibotix Aibot X6 sUAS Safety Risk 

 Management Document (SRMD);

Exhibit B - Solusia Air Standard Operating Procedures (SOP);

Exhibit C - Aibot X6-V2 Manual containing Flight and Maintenance Information;

Exhibit D - Solusia Air Safety Program; and

any other requirements established by the FAA pursuant to Section 333 of the Reform 

Act.2

For your convenience, this petition is organized as follows:

 

1

The conditions proposed by the applicant are drawn from Order 8900.1 CHG 0, Volume 3

2

Petitioner submits Exhibits A-D, its Manuals, as a Confidential documents under 14 CFR § 11.35(b), as the Manuals

contain confidential commercial and proprietary information that the Petitioner has not and will not share with

others. The Manuals contain operating conditions and procedures that are not available to the public and are

protected from release under the Freedom of informationAct5U.S.C.§552et.seq.
I. Petitioner's Description

II. Relevant Statutory Authority

III. Qualification for Approval Under Section 333 of the Reform Act

IV. Description of Proposed Operations

V. Regulations From Which Exemption is Requested

A. 14 CFR Part 21, Subpart H-Airworthiness Certificates & 14 CFR § 91.203(a)

(1).

B. 14 CFR Part 27: Airworthiness Standards: Normal Category Rotorcraft.

C. Aircraft Marking and Identification Requirements: 14 CFR §§ 91.9(c), 45.23(b) 

and 45.27(a).

D. 14 CFR § 61.113 (a) & (b): Private Pilot Privileges and Limitations: Pilot in 

Command.

E. 14 CFR § 91.7(a): Civil Aircraft Airworthiness.

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

G. 14 CFR § 91.103: Preflight Action.

H. 14 CFR § 91.109(a): Flight Instruction.

I. 14 CFR § 91.119: Minimum Safe Altitudes.

J. 14 CFR § 91.121 Altimeter Settings.

K. 14 CFR § 91.151(a): Fuel Requirements for Flight in VFR Conditions.

L. 14 CFR § 91.203 (a) & (b): Carrying Civil Aircraft Certification and 

Registration.

M. 14 CFR §§ 91.405(a); 91.407(a)(1); 91.409(a)(2); 91.417 (a) & (b): 

Maintenance Inspections

VI. Public Interest

VII. Privacy

VIII. Federal Register Summary

IX. Conclusion
I. Petitioner's Description

Petitioner is supported by Aibotix the manufacturer of the Aibot X6 a small Unmanned 

Aircraft System (sUAS) that is a lightweight, six bladed multi-rotor, vertical takeoff and 

landing (VTOL) sUAS specifically designed for safety and ease of operation. 

The principals of Solusia Air have been in the business of telecommunications and 

utility structure inspection, construction and maintenance business for 16 years for the 

parent company Solusia. Through that experience, the principals have developed a 

strong safety culture. 

To further enhance its aviation safety competence, the petitioner engaged JDA Aviation 

Technology Solutions (JDA) to provide aviation safety, certification and compliance 

expertise and to assist them implement a Safety Management Systems (SMS). As a 

precursor to the intended Solusia Air operation, a Safety Risk Assessment (SRA) was 

completed and recorded in Exhibit A the Safety Risk Management Document (SRMD). 

The SRMD assessed and mitigated potential risks of the Aibot X6 operations in precise 

confines of the tower structures that will be inspected. The SRMD will also serve as the 

baseline for the SMS and help ensure that the operations of the petitioner will comply 

with rigorous safety operation standards and procedures.

Currently, inspection, construction and maintenance of telecommunication and utility 

structures require employees to climb the structures or towers. Tower climbs involve 

the largest risk to personnel safety to Solusia Air personnel. On average since 2003, 

there have been 10 wireless telecom tower fatalities per year in the US. There have 

been nine fatalities to date in 2014. Solusia Air intends to utilize sUAS technology to 

reduce risks to their employees associated with tower climbs by first utilizing the Aibot

X6 to pre-inspect to determine if a climb is necessary and second to identify hazards to 

be mitigated before climbing.

The petitioner intends the sUAS Pilot in Command (PIC) to have either a private pilot 

license (PPL) or an Unmanned Aircraft System (UAS) certificate (when it is available). 

They also intend to use a Safety Officer (SO) to act as an on-site observer for each 

mission. Both the PIC and the SO will hold Class II medicals and have unique training

specific to Solusia Air Aibot X6 operations.

Consistent with the requirements of 14 CFR § 11.81(a), Petitioner provides the following 

information in support of its petition for exemption:

The name and address of the Petitioner is: 

Chris Moccia, CEO

Solusia Air, LLC

3355 Lenox Road, Suite 750
Atlanta, GA 30326

404.272.4905

II. Relevant Statutory Authority

This petition for exemption is submitted to fulfill Congress' goal in passing Section 

333(a) through (c) of the Reform Act. In the Reform Act, Congress directed the FAA "to 

safely accelerate the integration of civil unmanned aircraft systems into the national 

airspace system" and, under Section 333 of that law, directed the Secretary of 

Transportation ("FAA Administrator") 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 shall determine, at a minimum:

(1) which types of unmanned aircraft systems, if any, as a result of their size, weight, 

speed, and operational capability, proximity to airports and populated areas; and

operation within visual line of sight do not create a hazard to users of the national 

airspace system or the public or pose a threat to national security; and

(2) whether a certificate of waiver, certificate of authorization, or airworthiness 

certification under section 44704 of title 49, United States Code is required for the 

operation of unmanned aircraft systems identified under paragraph (1).

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" (Emphasis added).3

In addition, the FAA Administrator has general authority to grant exemptions from its 

safety regulations and minimum standards when the Administrator decides a requested 

exemption is in the public interest. See 49 U.S.C. § 44701(f) (authorizing the grant of 

exemptions from a requirement of regulations prescribed pursuant to section 44701(a)-

(b) and sections 44702-44716). A party requesting an exemption must explain the 

reasons why the exemption: (1) would benefit the public as a whole, and; (2) would not 

adversely affect safety (or how it would provide a level of safety at least equal to the 

existing rules). See 14 CFR § 11.81; FAA, Petition for Exemptions.

Solusia Air will solely utilize the Aibot X6 aircraft, maximum takeoff weight of 13.22

pounds with payload (well below the upper limit of 55 or fewer lbs. including payload). 

This aircraft will operate, under normal conditions at a speed of no more than 22 Knots 

Indicated Air Speed (KIAS) and have the capability to hover, and move in the vertical 

and horizontal plane simultaneously. It will operate only in line of sight of the PIC and 

SO and will operate only within the sterile area defined by 100’ radius surrounding the 

telecommunications or utility structure and under 400’ AGL. The sterile area confines 

the aircraft to airspace that is not currently navigable by manned aircraft per 14 CFR

 

3

Section 333 places the duty on the Administrator, inter alia, 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.
91.119. Such operations will insure that the sUAS will “not create a hazard to users of 

the NAS or the public.”4

Given the small size of the Aibot X6 and the restricted sterile environment within which it 

will operate, the petitioner falls squarely within the 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 Aibot X6 sUAS 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 of dramatically increased safety 

of aviation versus non-aviation inspection services associated with allowing sUAS 

technology to support Solusia Air operations, the grant of the requested exemptions is 

in the public interest. Accordingly, the petitioner respectfully requests that the FAA grant 

the requested exemption without delay.

III. Qualification for Approval Under Section 333 of the Reform Act

The proposed operations in this petition for exemption qualify for expedited approval 

under Section 333 of the Reform Act. Each of the statutory criterial and other potentially 

relevant factors are satisfied.

The proposed operations would permit the use of small and relatively inexpensive UAS 

under controlled conditions in airspace that is: (1) limited; (2) predetermined; (3) strictly 

controlled as to access, and; (4) would provide an increased level of safety beyond that 

existing when Solusia Air personnel are used to accomplish the same purpose.

Petitioner's sUAS is a six bladed multi-rotor, vertical takeoff and landing (VTOL) aircraft, 

weighting 13.22 or fewer pounds including payload specifically designed for safety and 

maximum ease of operation. It operates, under normal conditions, at a speed of no 

more than 22 KIAS and has the capability to hover, and move in the vertical and 

horizontal plane simultaneously.

Petitioner's Aibot X6 sUAS will operate in line-of-sight of the PIC and SO and will 

operate only within a sterile area surrounding objects that are current obstructions to 

navigable airspace for manned aircraft. Such operations will ensure that the Aibot X6 

sUAS will "not create a hazard to users of the National Airspace System or the public."

Given the small size of the sUAS involved and the restricted sterile flight operation 

environment, this petition for exemption falls squarely within the zone of safety i.e., 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 sUAS will operate, 

approval of the application presents no national security issue.
Considering the clear direction in Section 333 of the Reform Act, the authority contained 

in the Federal Aviation Act, as amended, the 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 the proposed operations, the grant of the requested exemptions is 

also in the public interest.

Accordingly, Petitioner respectfully requests that the FAA grant the requested 

exemption without delay.

IV. Description of Proposed Operations

The Exhibit B Standard Operating Procedures (SOP) describes the policies and 

procedures for Petitioner's proposed Aibot X6 sUAS operations. To assist the FAA in its 

safety assessment of Petitioner's proposed Aibot X6 sUAS operations, below is a 

summary of operational limitations and conditions which will ensure an equivalent or 

higher level of safety to operations conducted under current regulatory guidelines:

1. The Aibot X6 sUAS weighs less than 13.22 lbs.

2. Flights will be operated within line-of-sight of the PIC and SO.

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

be terminated at 27% 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 above ground 

level ("AGL").

5. Minimum crew for each operation will consist of the Aibot X6 sUAS PIC and an

SO.

6. The PIC will be an FAA licensed airman with a private pilot's certificate or UAS 

certificate (when the FAA issues the criteria and procedures for a UAS license)

and a second class medical certificate.

7. The Aibot X6 sUAS pilot will be the PIC. If a pilot certificate holder other than the 

Aibot X6 sUAS Pilot is present and possesses the necessary PIC qualifications, 

that person can also be designated as PIC.

8. The Aibot X6 sUAS will only operate within a confined by geo-fence to a sterile 

area defined by 100’ radius surrounding the telecommunications or utility 

structure and under 400’ AGL.

9. A pre-flight briefing, in accordance with the SOP (Exhibit B proprietary and 

confidential material) will be conducted in regard to the planned Aibot X6 sUAS 
operations prior to each flight mission. It will be mandatory that all personnel who 

will be performing duties within the boundaries of the safety perimeter be present 

for the flight briefing.

10.Notification of flight operations to the FAA will be consistent with the Certificate of 

Authorization (COA) requirements. Petitioner will notify air traffic control or 

airport management at non-towered airports prior to operating within 5 miles of 

an airport.

11.Solusia Air will obtain consent of the PIC and SO to be within 30 feet of the flight 

operation.

12.The PIC and SO will be trained in operation of Aibot X6 sUAS and will have 

received up-to-date maintenance and flight log information on the particular Aibot

X6 sUAS to be operated, as required in Section 3 of the Solusia Air SOP.

13.The PIC and SO will at all times be able to communicate by voice and/or text.

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

obtained.

15.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.

16.If the Aibot X6 sUAS loses communications or loses its GPS signal, the Aibot X6 

sUAS is equipped with advanced safety features that will allow the Aibot X6 

sUAS to automatically return to the launch location within the geo-fence 

perimeter.

17.The Aibot X6 sUAS will have the capability to abort a flight in case of unpredicted 

obstacles or emergencies.

V. Petitioner Requests Exemption From the Following Regulations

The Federal Aviation Act expressly grants the FAA the authority to issue exemptions. 

By its terms, this statutory authority includes exempting civil aircraft, as the term is 

defined under §40101 of the Act, including sUAS, from its safety regulations and 

minimum standards when the Administrator decides a requested exemption is in the 

public interest.9

Petitioner seeks an exemption from several interrelated provisions of 14 CFR Parts 21, 

45 and 91 for purposes of conducting aerial surveys and inspections using sUAS. Listed 

below are: (1) the specific sections of 14 CFR for which exemption is sought; and (2) 

the operating procedures and safeguards that Petitioner has established which will 

ensure a level of safety equal to or better than the rules from which exemption is 
sought. 

Petitioner acknowledges that some of the below cited requests were addressed in FAA 

Order 11062 (Grant of Exemption to Astraeus Aerial, Docket FAA-2014- 0352) and for 

which no action was taken by the FAA. The FAA’s analysis did, however, recite the 

petitioner’s information as the basis for the no action; this Petition recites all of the 

previous sections for which exemptions were requested therein.

A. 14 C. F.R. Part 21, Subpart H -Airworthiness Certificates & 14 C. F.R. §

91.203(a) (1).

This petition seeks an exemption from 14 CFR Part 21, Subpart H, which 

establishes the procedural requirements for the issuance of airworthiness certificates 

as required by 14 CFR §91.203(a)(1). Given the size, weight, speed and limited, 

obstructed and unpopulated operating area associated with the Aibot X6 sUAS to be 

utilized by the Petitioner, 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, operational capability, and 

proximity to airports and populated areas of the particular UAS.

The Aibot X6 sUAS to be operated hereunder is less than 13.22 pounds fully loaded, 

carries neither a pilot nor passenger, carries no explosive materials or flammable 

liquid fuels, and operates exclusively within a sterile area adjacent to structures that 

are considered obstructions to manned aircraft. Unlike other civil aircraft, aircraft 

operations will be tightly controlled and monitored by the PIC and SO pursuant to the 

Solusia Air SOP requirements and in compliance with local public safety 

requirements. Site security for the area of operation is consistent with existing 

requirements for maintaining public safety. The operation has been reviewed by a 

panel of subject matter experts to identify risks and safety requirements to mitigate 

those risks per Exhibit A Solusia Air Aibotix Aibot X6 Operations SRMD. 

Equivalent Level of Safety

In all cases, an analysis of these criteria demonstrates that the Aibot X6 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 

rotorcraft operating with an airworthiness certificate issued under 14 CFR Part 21, 

Subpart H. without the restrictions and conditions of the proposed Aibot X6 sUAS 

operations. The same criteria demonstrate that there is no credible threat to national 

security posed by the Aibot X6 sUAS, 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.
B. 14 C. F.R. Part 27: Airworthiness Standards: Normal Category Rotorcraft.

14 CFR Part 27 sets forth the procedural requirements for airworthiness certification 

of normal category rotorcraft. To the extent the Petitioner's Aibot X6 sUAS would 

otherwise require certification under Part 27, as a rotorcraft, Petitioner requests an 

exemption from Part 27's airworthiness standards for the same reasons identified in 

the exemption request from item A. 14 CFR Part 21, Subpart H.

C. 14 C. F.R. §§ 91.9(c), 45.23(b) and 45.27(a). Aircraft Marking and 

Identification Requirements:

This petition seeks an exemption from the aircraft marking and identification 

requirements of 14 CFR §§ 91.9(c), 45.23(b) and 45.27(a).

14 CFR § 91.9(c), Civil aircraft flight manual, marking, and placard requirements, 

provides that:

No person may operate a U.S.-registered civil aircraft unless that aircraft is 

identified in accordance with part 45 of this chapter.

14 CFR § 45.23(b), Markings of the Aircraft, states:

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 more than 6 inches high, the words "limited," 

"restricted," "light-sport," "experimental," or "provisional," as applicable.

14 CFR § 45.27(a), Rotorcraft, states:

Each operator of a rotorcraft must display on that rotorcraft horizontally on both 

surfaces of the cabin, fuselage, boom, or tail the marks required by §45.23.

Exemption from § 45.23(b) is warranted because the Aibot X6 sUAS has no cabin, 

cockpit, or pilot station or entrance of any kind on which the word "Experimental" can 

be placed. Moreover, given the size of the Aibot X6 sUAS, two-inch lettering would 

be impossible. The word "Experimental" will be placed on the fuselage in compliance 

with § 45.29(f).

Given the nature of the specific relief sought by this exemption request, Petitioner 

requires relief from the associated marking and identification requirements of § 

45.27(a) and § 91.9(c), which would require compliance with § 45.23(b).
Equivalent Level of Safety

An equivalent level of safety for exemptions to the aircraft marking and identification 

requirements of §§ 91.9(c), 45.23(b) and 45.27(a), will be provided by having the 

sUAS marked on its fuselage as required by §45.29(f) where the pilot, observer, and 

others working with the sUAS will see the identification of the UAS as 

"Experimental." Additionally, Petitioner will ensure compliance with any requests of 

sUAS marking by the FAA.

The FAA has issued the following exemptions to the aircraft marking requirements of 

§ 45.23(b): Exemptions Nos. 10700, 8738, 10167 and 10167A.

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

Command.

This petition seeks an exemption from the private pilot privileges and limitations of 

§61.113 (a) & (b), which states:

Private pilot privileges and limitations: Pilot in command.

(a) Except as provided in paragraphs (b) through (h) of this section, no person 

who holds a private pilot certificate may act as pilot in command of an aircraft 

that is carrying passengers or property for compensation or hire; nor may that 

person, for compensation or hire, act as pilot in command of an aircraft. 

(b) A private pilot may, for compensation or hire, act as pilot in command of an 

aircraft in connection with any business or employment if: 

(1) The flight is only incidental to that business or employment; and 

(2) The aircraft does not carry passengers or property for compensation or hire. 

Private Pilot Privileges and Limitations: Pilot in Command.

Except as provided in paragraphs (b) through (h) of this section, no person who 

holds a private pilot certificate may act as pilot in command of an aircraft that is 

carrying passengers or property for compensation or hire; nor may that person, for 

compensation or hire, act as pilot in command of an aircraft.

A private pilot may, for compensation or hire, act as pilot in command of an aircraft 

in connection with any business or employment if:

The flight is only incidental to that business or employment; and the aircraft does not 

carry passengers or property for compensation or hire. Section 61.113(a) limits 

private pilots to being in command of non-commercial flights. Section 61.113(b) (1) 

provides an exception that allows a private pilot to command an aircraft without 

passengers or property, in connection with business or employment if “the flight is 
only incidental to that business or employment." That exception likely does not apply 

to the proposed operations under this petition for exemption, as the flights are not 

incidental to the proposed aerial surveys and inspections but rather essential to it. 

Accordingly, this petition seeks an exemption to § 61.113(a)'s commercial limitation 

and/or § 61.113(b) (1)'s requirement that the flight be incidental to the business to 

benefit from the exception.

Equivalent Level of Safety

As required by the SOP (Exhibit B), Petitioner's Aibot X6 sUAS operators acting as 

PIC will hold a private pilot license or UAS pilot certificate (when the FAA issues the 

regulations for applying for a UAS pilot certificate) and manufacturers flight training 

specific to the Aibot X6. Because the Aibot X6 sUAS will not carry a pilot or 

passengers, the proposed operations can achieve the equivalent level of safety to § 

61.113 (a) and (b), by requiring the PIC operating the sUAS to have a private pilot 

license or UAS certificate and flight training specific to the Aibot X6.

Unlike a conventional aircraft that carries the pilot and passengers, the Aibot X6 

sUAS is remotely controlled with no living being on board. Moreover, the area of 

operation is controlled and restricted, and all flights are planned and coordinated in 

advance as set forth in the Solusia Air SOP.

The level of safety provided by the requirements included in the Solusia Air SOP

exceeds that provided by a single individual holding a commercial pilot's certificate 

operating a conventional aircraft in accordance with § 61.113 (a) & (b). The risks 

associated with the operation of small, lightweight UAS in an airspace adjacent to 

obstructions are diminished from the level of risk associated with commercial 

operations contemplated by Part 61 when drafted, that allowing the proposed 

operations in this petition for exemption with a PIC holding a private pilot license or 

UAS pilot certificate exceeds the present level of safety achieved by §61.113 (a) & 

(b).

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

This petition seeks an exemption from 14 CFR § 91.7(a), which requires that a civil 

aircraft be in an airworthy condition to be operated. Inasmuch there will be no 

airworthiness certificate issued for the sUAS, should this exemption be granted, no 

FAA regulatory standard will exist for determining airworthiness.

Equivalent Level of Safety

The Aibot X6 sUAS has over 200 commercial operators around the world and a 

stellar safety record. Given the size of the sUAS, the requirements contained in the 

Exhibit B Solusia Air SOP, Exhibit C Aibot X6 Manual, the training requirements of 

the PIC and SO and use of safety checklists prior to each flight, an equivalent level 

of safety will be provided.
The FAA has issued the following exemptions to this regulation: Exemption Order 

11062.

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

This petition seeks an exemption from the flight manual requirements of 14 CFR § 

91.9(b) (2), which states:

(b) 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.

Given its size, configuration, and load capacity, the Aibot X6 sUAS has no ability to 

carry such a manual on the aircraft, not only because there is no pilot on board, but 

because there is simply no room or capacity to carry such an item on the aircraft.

Equivalent Level of Safety

The safety related purpose of this manual requirement can be equally satisfied by 

maintaining the Exhibit C Aibot X6 Manual at the ground control point where the pilot 

flying the Aibot X6 sUAS will have immediate access to it. Accordingly, Petitioner 

requests an exemption from § 91.9(b) (2)'s flight manual requirements, on the 

condition that the Aibot X6 sUAS flight manual be available at the control point 

during each operation.

The FAA has issued the following exemptions to this regulation: Exemption Order 

11062.

G. 14 C. F.R. § 91.103: Preflight Action.

This petition seeks an exemption from § 91.103, which requires a PIC to become 

familiar with specific information before each flight, including information contained in 

the FAA -approved Flight Manual on board the aircraft. Inasmuch as an FAA 

approved flight manual will not be provided for the sUAS, an exemption will be 

needed.

Equivalent Level of Safety

An equivalent level of safety will be provided by following the Exhibit C Aibot X6 

Manual comprehensive preflight checklist and Exhibit B Solusia Air Section 3 

General Preflight Checklist. The PIC will take all actions, including reviewing weather

and NOTAMs, flight battery requirements, landing and takeoff distances, and aircraft
performance data, before initiation of flight.

H. 14 C. F.R. § 91.109(a): F light Instruction.

This petition seeks an exemption from 14 CFR § 91.109(a), which provides that:

(a) 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. Instead, flight control is accomplished through the use of a control box that 

communicates with the sUAS via radio communications.

Equivalent Level of Safety

Given the size and speed of the Aibot X6 sUAS, an equivalent level of safe training 

can still be performed without dual controls because no pilot or passengers are 

aboard the Aibot X6 sUAS, the system is equipped with an automatic come home 

feature that can be triggered at any time to respond to unpredicted challenges and 

all persons will be a safe distance away should the Aibot X6 sUAS experience any 

difficulties during flight instruction. Additionally, the aircraft’s light weight and slow 

speeds with no pilot or passengers on board create less of a danger to the public 

than aircraft equipped with dual controls.

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) and other sUASs (See FAA Order 11062). 

I. 14 C. F.R. § 91.119: Minimum Safe Altitudes.

This petition seeks an exemption from the minimum safe altitude requirements of 14 

CFR § 91.119. Section 91.119 prescribes the minimum safe altitudes under which 

aircraft may not operate, including 500 feet above the surface and away from any 

person, vessel, vehicle, or structure in non-congested areas. See 14 CFR § 

91.119(c). Section § 91.119(d) (1) allows for a helicopter to operate at less than 

those minimum altitudes when it can be operated "without hazard to persons or 

property on the surface," provided that "each person operating the helicopter 

complies with any routes or altitudes specifically prescribed for helicopters by the 

FAA."

To provide the intended telecommunication and utility structure inspections, the 

Aibot X6 sUAS will normally need to be operated within a range of 100 feet laterally 

from the structure being inspected and under 400’ AGL. Accordingly, due to the 

nature of the proposed operations, the PIC and the SO will be less than 100 feet

away from structures during the operation, and an exemption is therefore required.
Equivalent Level of Safety

Compared to flight operations with rotorcraft weighting far more than the maximum 

13.22 lbs. proposed herein, and the lack of flammable fuel, any risk associated with 

these operations is far less than those presently presented with conventional aircraft. 

An equivalent level of safety will be achieved given the size, weight, speed of the 

UAS as well as the location where it is operated. As set forth in the Exhibit B Solusia 

Air SOP, the Aibot X6 sUAS will be operated in a geo-fenced sterile area, where 

buildings and people will not be exposed to operations without their pre-obtained 

consent. No flight will be taken without the permission of the property owner and/or 

local officials. Because of the advance notice to the property owner and participants, 

all affected individuals will be aware of the planned flight operations as set forth in 

the SOP. Furthermore, by operating at such lower altitudes adjacent to obstructions, 

the Aibot X6 sUAS will not interfere with other aircraft that are subject to the 

minimum safe altitude regulations.

J. 14 C. F.R. § 91.121 Altimeter Settings.

This petition seeks an exemption from 14 CFR § 91.121, which requires a person 

operating an aircraft to maintain cruising altitude or flight level by reference to an 

altimeter that is set to the elevation of the departure airport or barometric pressure. 

An exemption is required because the Aibot X6 sUAS does not have a barometric 

altimeter, but rather a GPS altitude read out.

Equivalent Level of Safety

An equivalent level of safety will be achieved by following the procedures set forth in 

the General Preflight Checklist in Exhibit B Solusia Air SOP. As prescribed in the 

SOP, the operator will confirm the altitude of the launch site shown on the GPS 

altitude indicator before flight. The flight plan will be programmed to maintain 

appropriate altitude above ground and under 400’ AGL. Moreover, the PIC will use 

the GPS altitude indicator to constantly monitor the Aibot X6 sUAS’s height, thus 

ensuring operation at safe altitudes.

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

This petition seeks an exemption from 14 CFR § 91.151(a)'s fuel requirements for 

flight in VFR conditions. Section 91.151 states:

(a) No person may begin 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 Aibot X6 sUAS provides approximately 30 minutes of 

powered flight. An exemption from the 30 minute reserve requirement in 14 CFR

§91.151 is therefore required.

Equivalent Level of Safety

An equivalent level of safety can be achieved by limiting flights to 30 minutes or 27% 

of battery power, whichever happens first. This restriction would be more than 

adequate to return the Aibot X6 sUAS to its launch location from anywhere within its 

limited operating area. Operation of the Aibot X6 sUAS with less than 30 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 Aibot X6. Moreover, operation will be 

limited to controlled areas where only people and property owners, or official 

representatives who have signed waivers will be allowed.

This request for exemption falls within the scope of prior exemptions. See e.g. 

Exemption Order 11062 

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

Registration.

This petition seeks an exemption from civil aircraft certification and registration 

requirements of 14 CFR § 91.203 (a) and (b). 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.

In addition to the fact that Petitioner is seeking an exemption from the airworthiness 

certificate requirements, an exemption to this regulation is necessary because: 

(1) The Aibot X6 load capacity and size does not allow it to carry 

certification and registration documents; 

(2) The Aibot X6 does not have a cabin or cockpit entrance at which the 

documents could be displayed; and

(3) There are no passengers or crew for whom the certificates need be displayed.

Equivalent Level of Safety

An equivalent level of safety will be achieved by keeping these documents, to the 
extent they are applicable to the Aibot X6 sUAS, at the ground control point where 

the pilot flying the Aibot X6 sUAS will have immediate access to them.

The FAA has issued numerous exemptions to this regulation. See, inter alia,

Exemption Order 11062 

M. 14 C. F.R. §§ 91.405(a); 91.407(a) (1); 91.409(a) (2); 91.417 (a) & (b):

Maintenance Inspections.

This petition seeks an exemption from the maintenance inspection requirements of 

14 CFR §§ 91.405(a); 91.407(a) (1); 91.409(a) (2); 91.417 (a) & (b). Which state:

These regulations specify maintenance and inspection standards in reference to 14 

CFR Part 43. See, e.g., 14 CFR § 91.405(a) (stating that each owner or operator of 

an aircraft "[s]hall have that aircraft inspected as prescribed in subpart E of this part 

and shall between required inspections . . . have discrepancies repaired as 

prescribed in part 43 of this chapter"). An exemption to these regulations is needed 

because Part 43 and these sections apply only to aircraft with an airworthiness 

certificate, which the Aibot X6 sUAS will not have.

Equivalent Level of Safety

An equivalent level of safety will be achieved because maintenance and inspections 

will be performed in accordance with the Exhibit C Aibot X6 V2 Manual. The 

operator will ensure that the Aibot X6 sUAS is in working order prior to initiating 

flight, perform required maintenance, and keep a log of any maintenance performed. 

The operator is most familiar with the aircraft and best suited to maintain the aircraft 

in an airworthy condition to provide the equivalent level of safety.

If mechanical issues arise, the Aibot X6 sUAS can land immediately and will be 

operating no higher than 400 feet AGL. Moreover, the Aibot X6 sUAS small size, 

carrying capacity, and the fact that flight operations will only take place in restricted 

areas for limited periods of time, create less risk than the same factors associated 

with conventional fixed-wing aircraft and rotorcraft performing the same operation.

VI. Public Interest

Consistent with the requirements of 14 CFR §11.81(d), Petitioner offers the following 

reasons why granting this petition for exemption is in the public interest, i.e., how 

granting it would benefit the public as a whole.

Approval of exemptions allowing commercial operations of small and lightweight sUAS 

in the utility aerial services industry benefits the public as a whole in the following ways:

 It helps fulfill Congress' goal in passing Section 333(a) through (c) of the Reform 

Act, namely, the FAA Administrator's assessment of whether certain UAS may 
operate safely in the National Airspace System before completion of the 

rulemaking required under Section 332 of the Reform Act.

 The operation significantly improves safety and reduces risk by alleviating human 

exposure to danger associated with current telecommunications survey and 

inspection methods, namely, tower climbs. The public's interest is furthered by 

reducing human exposure to death or serious injury associated with personnel 

performing telecommunications and utility structure or tower inspections and 

patrols.

 Petitioner's Aibot X6 sUAS is battery powered and creates no emissions. If 

Petitioner's Aibot X6 sUAS crashes, there is no fuel to ignite and explode. Any 

impact of Petitioner's lightweight Aibot X6 sUAS is, obviously, far less than 

potentially harmful emissions associated with cranes and lift equipment. The 

public's interest is furthered by minimizing ecological impact of an accident and 

by reducing human exposure to emissions.

 Visual surveys are valuable tools for telecommunications and utility structure

inspections. However, the obstructed environment with cables and power lines 

impede aerial surveys and inspections from conventional manned aircraft. The 

use of the Aibot X6 sUAS addresses these problems and is a powerful tool for 

performing a wide-range of telecommunication and utility structure inspection and 

patrol applications. The public as a whole will benefit from the safer and more 

cost-effective utility aerial services that Aibot X6 sUAS operations provide.

VII. Privacy

All flights will occur over Petitioner's property or the telecommunications and utility 

customer's property with the telecommunications or utility customer's prior consent and 

knowledge.

VIII. Federal Register Summary

Pursuant to 14 CFR Part 11, the following summary is provided for publication in the 

FEDERAL REGISTER, should it be determined that publication is needed:

Solusia Air, LLC seeks an exemption from the following rules:

14 CFR Part 21, Subpart H; 14 CFR § 91.203(a)(1);14 CFR Part 27: 14 CFR §§ 91.9(c), 

45.23(b) and 45.27(a);14 CFR § 61.113 (a) & (b);14 CFR § 91.7(a); 91.9(b)(2); 91.103; 

91.109(a); 91.119; 91.121; 91.151(a); 91.203 (a) & (b); 91.405(a); 91.407(a)(1); 

91.409(a)(2); 91.417 (a) & (b)

Approval of exemptions allowing commercial operations of small and lightweight 

unmanned aircraft ("sUAS") in the telecommunications and utility structure inspection 

industry will enhance safety by reducing risk to human life. Conventional operations in 
this industry using personnel to climb telecommunication and utility structures present 

the risks associated with unknown hazards that often lead to accidents, incidents and 

fatalities.

In contrast, the Aibot X6 sUAS weighing fewer than 13.22 lbs. and powered by batteries 

eliminates virtually all of that risk, given the reduced mass and lack of combustible fuel 

carried on board. The Aibot X6 sUAS is transported, not flown, to the designated survey 

area and set up. The Aibot X6 sUAS carries no passengers or crew and provides the 

inspection services eliminating the requirement for personnel to climb the structure and, 

therefore does not expose personnel to the risks associated with unknown hazards.

The operation of sUASs like the Aibot X6 , weighing less than 13.22 lbs., provides an 

equivalent level of safety and thus supports the grant of the exemptions requested 

herein, including exempting the applicant from the requirements of Part 21 and allowing 

commercial operations. The lightweight sUASs operate at slow speeds, close to the 

ground, and in a sterile environment adjacent to obstructions. As a result, they are far 

safer than conventional aerial survey and inspection operations conducted with fixedwing aircraft or helicopters or manned tower climbs.

IX. Conclusion

The Aibot X6 as a result of its size, weight, speed, operational capability, distance from 

airports and populated areas and operation within a contained area adjacent to 

obstacles within visual line of sight do not create a hazard to users of the national 

airspace system or pose a threat to national security. Adequate justification exists for 

the grant of the requested exemptions allowing commercial operation of Solusia Air 

LLC’s Aibot X6 sUAS in the telecommunication and utility structure services industry in 

accordance with Exhibit A, B, C and D appended hereto.

If additional information is required, or if you have any questions regarding this Petition 

for Exemption, please contact Joe Del Balzo at JDA (301-941-1462; 

jdelbalzo@jdasolutions.aero) for technical questions and as to any legal issues, JE 

Murdock III (202-333-5986; sandy_murdock@yahoo.com) for any legal issues.

Solusia Air, LLC. Exemption Request

Section 333 of the FAA Reform Act and Part 11 of the Federal 

Aviation Regulations

Exhibits A, B, C, D

Confidential commercial and proprietary information protected 

under 14 CFR § 11.35(b) and are protected from release under the 

Freedom of information Act 5 U.S.C. § 552 et.seq.

The information contained in this exhibit has been submitted in the 

physical copies which were hand delivered at the FAA Office of Rulmaking

(ARM). If more copies are needed by FAA, requests made to Joseph Del

Balzo will be honored
Respectfully Submitted,

Joseph Del Balzo Chris Moccia

JDA Aviation Technology Solutions President & CEO

Agent for Solusia Air Solusia Air