U.S. Department of Transportation

Docket Management System

1200 New Jersey Ave S.E.

Washington, D.C. 20590

Re: Request for Exemption under Section 333 of the FAA Modernization and Reform Act of 

2012 and Part 11 of the Federal Aviation Regulations from Certain Provisions of 14 C.F.R.

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, Botlink is applying for an exemption from the Federal Aviation 

Regulations (FARs) to allow commercial operation of its Unmanned Aircraft Systems (UAS). 

Specifically, Botlink seeks an exemption to perform research, development, aerial photography, 

aerial videography, and aerial data collection. This request is substantially similar to other data 

collection petitions previously approved, and should be considered under the expedited 

summary grant procedures.

Approval of the exemption for the petitioner will allow commercial operations of the 3D Robotics 

Quadrotor, 3D Robotics Solo, DJI Phantom 2, DJI Phantom 3, AgEagle, and Aerobotic ER-1. in 

class G airspace nationwide unless otherwise prescribed by an Air Traffic Organization (ATO) 

issued COA. Operation of the UAs under the strict conditions proposed below will provide an 

equivalent level of safety, as Congress intended, while still allowing commercial operations. 

Operations using these UAs are far safer than conventional operations conducted with 

helicopters and fixed-wing aircraft that weight thousands of pounds, carry highly flammable fuel, 

and operate in close proximity to the ground, trees, infrastructure, and people. 

Congress directed the FAA to consider seven factors in deciding whether to approve Section 

333 exemption petitions - size, weight, speed, operational capability, proximity to airports, 

proximity to populated areas, and operation within visual line of sight. In this case, each factor 

supports the exemption request. In particular, these UA are small and will operate at slow 

speeds and close to the ground. It will be able to more safely and efficiently conduct the 

operations that would otherwise involve risk of injury or death. The substantial increase of safety 

and decrease of risk to human life and to property weighs heavily in favor of granting the 

exemption. 

See the table of contents below for the full exemption request. If we can provide any additional 

information to assist your in the processing of our exemption request, please contact us at (701) 

353-9482 or via email at shawn@botlink.io.

Thank you,

Shawn Muehler

COO, Botlink
APPENDICE LIST

Exhibit 1: Botlink Flight Operations Manual

Exhibit 2: Botlink Software User Manual

Exhibit 3: Aerobotic ER-1 Operating Manual

Exhibit 1 has been submitted confidentially to the FAA and is not available to the public.
I. Publishable Summary

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:

Petitioner seeks an exemption from the following rules:

14 C.F.R. 61.23(a) and (c); 14 C.F.R. 61.101(e)(4) and (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); 14 C.F.R. 91.407(a)(1); 14 C.F.R. 

91.409(a)(1) and (2); and 14 C.F.R. 91.417(a) and (b) to operate commercially 

small unmanned aircraft systems.

Approval of the exemption requested by the petitioner will allow commercial 

operation of the 3D Robotics Quadrotor, 3D Robotics Solo, DJI Phantom 2, DJI 

Phantom 3, AgEagle, and Aerobotic ER-1 for the purpose of research, 

development, aerial photography, aerial videography, and aerial data collection in 

Class G airspace nationwide, unless otherwise prescribed by an ATO-issued 

COA. The requested exemption should be granted because operation of small 

UA weighing 55 pounds or less, conducted in the strict conditions outlined below, 

will provide an equivalent level of safety while still allowing commercial 

operations. The lightweight aircraft covered by the exemption are far safer than 

conventional operations conducted with helicopters and fixed-wing aircraft 

weighing thousands of pounds and carrying highly flammable fuel, and operating 

in close proximity to the ground and people. The seven factors Congress directed 

the FAA to consider when approving Section 333 exemption petitions - size, 

weight, speed, operational capability, proximity to airports, proximity to populated 

areas, and operation within visual line of sight – each support the request. In 

particular, the aircraft are small, and will operate at slow speeds, and close to the 

ground. The substantial increase of safety and decrease of risk to human life, 

coupled with the low risk use of UAs to conduct these operations, weigh heavily 

in favor of granting the exemption.

II. Petitioner’s Contact Information

Shawn Muehler

Botlink COO

118 N Broadway, Unit 504

Fargo, ND 58102

Phone: (701) 353-9482

Email: shawn@botlink.io

III. Background on Botlink

Botlink is a team of professional and military pilots, engineers, and communicators on a 

mission to build the world’s most capable UAV platform, providing our users the capability to 

safely control their drone, remain compliant & process data over the cellular network. No matter 

the task or location, Botlink enables everyone to do more with your drone.
Shawn Muehler, Botlink COO and an officer in the U.S. Air Force, has been serving our 

country and flying both manned and unmanned aircraft for over a decade. His love of flying 

model aircraft and Cessnas in his youth transpired into flying Learjets and military drones as a 

profession, and Shawn's extensive aviation and technology background is the inspiration for 

Botlink.

IV. Proposed Operations

A. The UAs

The requested exemption will permit petitioner to operate the 3D Robotics Quadrotor, 3D 

Robotics Solo, DJI Phantom 2, DJI Phantom 3, AgEagle, and the Aerobotic ER-1.

The 3D Robotics Quadrotor, 3D Robotics Solo, DJI Phantom 2, DJI Phantom 3, DJI 

Inspire 1, and AgEagle have all been previously approved for commercial operation under 

Section 333 Exemptions. Operating manuals and support documentation have not been 

included with this exemption request but are available upon request. 

The Aerobotic ER-1 has not been previously approved for operation under a Section 333 

Exemption. This UA falls within the the seven factors Congress directed the FAA to consider 

when approving Section 333 exemption petitions - size, weight, speed, operational capability, 

proximity to airports, proximity to populated areas, and operation within visual line of sight. It has 

the following specifications:
Exhibit 2 contains the Botlink Software User Manual. This Manual contains information about 

the Botlink XRD Flight Controller and Botlink Control and Safety Software. Exhibit 3 contains the 

Aerobotic ER-1 Operating Manual. This Manual contains full specifications of the Aerobotic 

ER-1 airframe. Please refer to these document for full specifications of the UA.

B. The Crew

The crew will consist of a pilot-in-command (PIC) and a visual observer (VO). The PIC 

and VO will have been trained in operation of UAs and received up-to-date information on the 

UA to be operated pursuant to this grant. The PIC will have, at minimum, a sport pilot license 

and a U.S. driver’s license. Please refer to Exhibit 1, Section 2: Crew Qualifications and 

Currency for further information regarding crew members.

C. Flight Conditions

The UA will be used for research, development, aerial photography, aerial videography, 

and aerial data collection in Class G airspace (unless otherwise prescribed by an ATO-issued 

COA) under 400 feet above ground level (“AGL”) and under controlled conditions over restricted 

property. Petitioner will only operate its UA in visual meteorological conditions (VMC). The UA 

will at all times be no less than 500 feet below and no less than 2,000 feet horizontally from a 

Airframe Aerobotic ER-1

Control System Botlink XRD Flight Controller and Botlink Control 

and Safety Software.

Datalinks Main: 4G LTE cellular communications

Backup: 915 MHz handheld RC transmitter

Maximum Speed 61 knots

Size Wingspan = 12.25 feet

Length = 5.7 feet

Maximum Weight 20 pounds

Maximum Altitude 5000 feet for guaranteed cellular connection

Ground Control Station Botlink Control and Safety Software.

Software is installed on either a mobile device or 

laptop. Backup Spektrum RC transmitter for 

emergency use.

Motor Hacker A50 14L Series Motor

Payloads GoPro Hero 3, Sony QX 1, Sentera Dual, other 

payloads as required that fall within weight and 

balance limits

Return Home Procedures Has programmable failsafe procedures in the 

event the aircraft loses control link or GPS. Aircraft 

can be programmed to return to the home location 

and perform an autonomous landing.
cloud, and petitioner will not conduct operations unless visibility is at least 3 statute miles from 

the PIC. The flight crew will always make a safety assessment of the risk of every operation, 

and will only operate when it is determined that no hazards are present.

D. Flight Operations

The purpose of the UA flights for which exemption is requested will be for research, 

development, aerial photography, aerial videography, and aerial data collection. Every UA flight 

will use at minimum a two person flight crew: a PIC and a VO. Petitioner will fly the UA no higher 

than 400 feet above ground level (AGL).

Please refer to the following exhibits for more information regarding flight operations:

Exhibit 1:

Section 3: Airworthiness 

Section 4: Airspace

Section 5: Standard Operating Procedures

V. Aircraft and Equivalent Level of Safety

The petitioner proposes that the exemption apply to the UAs that have the 

characteristics and that operate with the limitations proposed herein. These limitations provide 

for a level of safety at least equivalent to or higher than manned aircraft operations under the 

current regulatory structure. Section V below identifies the limitations and conditions to which 

the petitioner agrees to be bound when conducting commercial operations under a grant of this 

petition. Appendix A contains a matrix connecting (i) the specific proposed condition with (ii) the 

FAR provision for which it provides equivalent level of safety and (iii) one or more recent Section 

333 exemption grants in which the FAA recognized this equivalent level of safety.

Approval of the commercial operations outlined in this petition presents non national 

security issue The PIC will possess, at a minimum, a sport pilot’s certificate, so he or she will 

have been subject to security screenings by the Department of Homeland Security.

VI. Proposed Conditions of the Exemption

1. The UAs, including battery and payload, will weigh no more than 55 pounds.

2. UA operations under this exemption will be limited to conducting operations for the purpose 

of research, development, aerial photography, aerial videography, and aerial data collection 

in Class G airspace nationwide, unless otherwise prescribed by an ATO issued COA.

3. Flights will be operated within line of sight of a PIC and VO.

4. Flights will be operated at an altitude of no more than 400’ AGL, as indicated by the 

procedures specified in the operating documents.

5. The UA will not be flown at an indicated airspeed of over 87 knots.

6. Minimum flight crew for each operation will consist of a PIC and VO.
7. The PIC will have a minimum of a sport pilot license and either a U.S. driver’s license or a 

third class medical certificate.

8. The petitioner will not permit any PIC to operate the UA unless the PIC meets its 

qualification criteria and demonstrates the ability to safely operate the UA in a manner 

consistent with how the UA will be operated under this exemption, including evasive and 

emergency maneuvers and maintaining appropriate distances from person, vessels, 

vehicles, and structures. PIC qualification flight hours and currency will be logged in a 

manner consistent with 14 CFR 61.51(b). A record of the PIC training will be documented 

and made available upon request by the Administrator. Training operations will only be 

conducted during dedicated training sessions. During training and proficiency flights, all 

persons not essential for flight operations will be considered nonparticipants and the PIC will 

operate the UA with appropriate distance from them in accordance with 14 CFR 91.119.

9. The VO will not perform any other duties beyond assisting the PIC with seeing and avoiding 

other air traffic and other ground based obstacles, and will not be permitted to operate the 

camera or other instruments.

10. The PIC will be designated before the flight and may transfer his or her designation to other 

qualified PIC. The PIC will ensure that the VO can perform the functions prescribed in these 

conditions and operating documents.

11. A pre-flight briefing will be conducted in regards to the planned UA operations prior to each 

day’s activities. All personnel who are performing duties in connection with the flight activity 

will be present for the briefing.

12. Prior to each flight, the PIC will inspect the UA and GCS to ensure it is in a condition for safe 

flight. The preflight inspection will account for all potential discrepancies. If the inspection 

reveals a condition that affects the safe operation of the UA, the aircraft will be prohibited 

from operating until the required maintenance is performed. All maintenance and alterations 

will be properly documented in the aircraft records.

13. Petitioner will conduct a functional check flight on any UA that has undergone maintenance 

or alterations that affect the UA operation or flight characteristics, e.g. replacement of a flight 

critical component. The PIC who conducts the functional check flight will make an entry in 

the aircraft records.

14. The petitioner will follow the UA manufacturer’s maintenance, overhaul, replacement, 

inspection, and life limit requirements for the aircraft and aircraft components.

15. The UA will be operated within visual line of sight of the PIC and VO at all times.

16. The PIC will not begin a flight unless (considering wind and forecast weather conditions) 

there is enough power for the UA 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.
17. The UA will have the capability to abort a flight in case of unexpected obstacles or 

emergencies.

18. The UA will be programmed so that if it loses communications or loses its GPS signal, it will 

return to a pre-determined location within the planned operating area and land or be 

recovered in accordance with the operating documents.

19. The operating documents required under 14 CFR 91.9 and 91.203 will be maintained and 

available to the PIC at the GCS any time the UA is operating. The documents will be made 

available to the Administrator or any law enforcement official upon request. If a discrepancy 

exists between the conditions and limitations in the exemption grant and the procedures 

outlined in the operating documents the grant conditions and limitation will take precedence 

and will be followed. Otherwise, the petitioner will follow the procedures outlined in its 

operating documents. If it updates or revises its operating documents, it will present updated 

and revised documents to the Administrator upon request.

20. Petitioner will obtain permission from the landowner or authorized agent of the landowner 

over which flights will be conducted.

21. UA operations will not be conducted at night, as defined in 14 CFR 1.1. All operations will be 

conducted under VMC conditions. Flights will not be conducted under special visual flight 

rules.

22. The petitioner will obtain an ATO issued Certificate of Authorization (COA) prior to 

conducting any operations under the grant of exemption. Petitioner will request a NOTAM 

not more than 72 hours in advance, but not less than 24 hours prior to an operation.

23. The UA will not be operated within 5 nautical miles of an airport reference point as denoted 

on a current FAA-published aeronautical chart unless a letter of agreement with that airport’s 

management has been obtained, and the operation is conducted in accordance with a 

NOTAM as required by the operator’s COA. Any letter of agreement with the airport 

management will be made available to the Administrator upon request.

24. The UA will 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.

25. All operations will be conducted in Class G airspace or as otherwise prescribed in an ATO 

issue COA.

26. All aircraft operated in accordance with this exemption will 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 will be as large as practicable.

27. The UA will remain clear and yield the right of way to all manned aviation operations and 

activities at all times.

28. The UA will not be operated by the PIC from any moving device or vehicle.
29. Petitioner will conduct all flight operations at least 500 feet from all nonparticipating persons, 

vessels, vehicles, and structures unless one of the following three conditions are met:

• Barriers or structures are present that sufficiently protect nonparticipating persons 

from the UA and/or debris in the event of an accident. 

• The aircraft is operated near vessels, vehicles, or structures where the owner/controller 

of such vessels, vehicles, or structures has granted permission and the PIC has made a 

safety assessment of the risk of operating closer to those objects and determined that it 

does not present undue hazard.

• Operations nearer to the PIC, VO, operator trainees, or essential persons do not present 

an undue hazard to those persons per part 91.119(a).

30. Petitioner will report any incident, accident, or flight operation that transgresses the lateral or 

vertical boundaries of the operational area as defined by the applicable COA to the FAA’s 

UAS Integration Office (AFS-80) within 24 hours. Petitioner will report accidents to the 

National Transportation Safety Board (NTSB) per instructions contained on the NTSB 

website: www.ntsb.gov.

VII. Privacy

There is little concern that the proposed flights will cause invasions of privacy. All flights 

will occur over either (a) public rights of way where there is no expectation of privacy; (b) over 

private property with permission of the landowner/authorized agent and consent of participating 

individuals. In the event data is inadvertently collected of a person or property not in the flight 

area, it will be immediately deleted or cropped from the images. 

Petitioner will also follow the Association for Unmanned Vehicle Systems International 

(AUVSI) Code of Conduct for all operations.

VIII. Public Interest and Safety

The planned UA use will increase safety for a variety of aerial operations traditionally 

done with manned aircraft. Generally, manned operations are more time consuming and more 

expensive that the same operations done with a UA. Use of manned aircraft poses enhanced 

risk to the pilot and onboard crew, who would be several hundred feet in the air.

The enhanced safety and reduced environmental impact achieved using a UA and 

carrying no passengers or crew, rather than a manned aircraft of significantly greater 

proportions, carrying crew in addition to flammable fuel, gives the FAA good cause to find that 

the UA operation enabled by this exemption is in the public interest.

Botlink has prepared a risk management tool that it will utilize during operations. This 

tool can be found in Exhibit 1.

Satisfaction of 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 - provide more than adequate justification for the 

grant of the requested exemption allowing commercial operation of the petitioner’s UA pursuant 

to Botlink’s rules of operation.
IX. Regulations from Which Exemption is Requested

14 C.F.R. 61.101(e)(4) and (5); 14 C.F.R. 61.113(a); 14 C.F.R. 61.315(a): Pilot privileges and 

limitations

These regulations limit sport, recreational, and private pilots from performing commercial 

operations. Botlink can achieve an equivalent level of safety because the UAs will not 

carry pilots or passengers. Further, having an FAA pilot license does not correlate to the 

skills required to operate a UA safely. Further, the risks of Botlink UA operations are far 

less than the risk levels associated with manned commercial operations. Thus, allowing 

Botlink to operate its UA with a sport pilot license or greater will achieve an equivalent or 

better level of safety.

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

This regulation prohibits the operation of an aircraft without an airworthiness certificate. 

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

Regulation is no applicable. 

14 C.F.R. 91.119 (c): Minimum safe altitudes

This regulation prescribes safe altitudes for the operation of civil aircraft. Botlink will 

operate below 400’ AGL unless otherwise allowed by an ATO-issued COA. Botlink 

operations will also occur in secured areas with the permission of the land owner. Given 

the size, weight, maneuverability, and speed of Botlink UAs, this will provide an 

equivalent level of safety to manned operations.

14 C.F.R. 91.121: Altimeter settings

This regulation requires each person operating the 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 UA 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 PIC 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) outlines fuel requirements for beginning a flight in VFR conditions. 

Relief from Section 91.151(a)(1) is requested to the extent required to allow flights of a 

variety of UAS during daylight hours in visual flight rule conditions to continue until 5 

minutes of battery power remain or the manufacturers recommendation, whichever is 

greater. Botlink seeks the requested relief because without an exemption from Section 

91.151(a)(1), the flight time duration of the selected aircraft will be reduced and severely 

constrain the practicality of any aerial acquisition of data that Botlink proposes to 

conduct pursuant to this exemption request.
The technical specifications of the proposed UA, their Operating Manuals, and Botlink’s 

proposed operating limitations, ensure that Botlink will safely operate the selected 

aircraft during daylight hours in VFR conditions until the battery reserve limits proposed 

above remain.

14 CFR 91.405(a); 14 CFR 91.407(a)(1); 14 CFR 91.409(a)(1) and (2); 14 CFR 91.417(a) and 

(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.

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

certificate, these sections will not apply to Botlink. Maintenance will be accomplished 

pursuant to the User Guide or Operating Manual. An equivalent level of safety will be 

achieved because these UAs are 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 UA can land immediately and will be operating from no higher than 400’ AGL. 

The PIC will ensure that the UA is in working order prior to initiating flight, perform 

required maintenance and keep a log of any maintenance performed. Moreover, the 

PIC 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.
X. Summary

In summary, Botlink seeks an exemption from 14 C.F.R. 61.23(a) and (c); 14 C.F.R. 

61.101(e)(4) and (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); 14 C.F.R. 91.407(a)(1); 

14 C.F.R. 91.409(a)(1) and (2); and 14 C.F.R. 91.417(a) and (b) to operate commercially small 

unmanned aircraft systems. Granting Botlink’s request for exemption will reduce current risk 

levels and therefore enhance safety. Currently, manned commercial operations rely primarily on 

the use of larger aircraft running on combustible fuel. Botlink’s UAs do not contain combustible 

fuel, are smaller, lighter, and more maneuverable than conventional manned aircraft. 

Furthermore, Botlink’s UAs operate at lower altitudes. There are no pilots or passengers on 

Botlink’s UA which decreases the likelihood of death or serious injury. Botlink’s aircraft all weigh 

less than 55 pounds and travel slower than 87 knots in secure areas which will provide an 

equivalent level of safety that is currently achieved under current FARs.

Accordingly, Botlink respectfully requests that the FAA grant its exemption request 

without delay. The FAA has the authority to issue the exemption sought by Botlink pursuant to 

the FAA’s Reform Act of 2012. Thank you for your time and consideration.

Respectfully Submitted,

Shawn Muehler

COO, Botlink