Attention:

U. S. Department of Transportation Docket Operations 

West Building Ground Floor, Room w12-140 

1200 New Jersey Ave, SE Washington, DC 20590

JAN 28, 2016

Re: Public Guidance for Petitions for Exemption Filed under Section 333

REQUEST: This document provides a petition for exemption to the FAA to operate unmanned aircraft in 

the National Airspace System (NAS).

Specifically, this document outlines the petitioners request for exemption. This information will assist 

the FAA in determining whether to grant relief from its regulations and will assist the Secretary of 

Transportation with determining whether to grant relief from airworthiness certification requirements 

under the FAA Modernization and Reform Act of 2012, Public Law 112-95 FEB.

Section 333 Petition Request for Jared Maxfield as Mrk8r to fly a UAS from manufacturing company 

3DRobotics named 3DR Solo.

In order to provide safe and environmentally-friendly aerial videography and photography for and public 

business interests, I, Evan Brown, pursuant to Section 333 of the FAA Modernization and Reform Act 

of2012 ("FRMA"), would like to formally submit for exemptions from the following Section 333 

regulations:

• 14 C.F.R. Part 21

• 14 C.F.R. 45.23(b)

• 14 C.F.R. 61.113(a) and (b)

• 14 C.F.R. 91.7(a)

• 14 C.F.R. 91.9(b)(2)

• 14 C.F.R. 91.119(c),

• _ 14 C.F.R. 91.121,

• 14 C.F.R. 91.151(a)(l),

• 14 C.P.R. 91.203(a) and (b),

• 14 C.F:R. 91.405(a),

• 14 C.F.R. 91.407(a)(l),

• 14 C.F.R. 91.409(a)(l) and (2),

• 14 C.P.R. 91.417(a) and (b)

I am requesting these exemptions so that I may safely operate the 3DR Solo UAS commercially along the 

guidelines of the accompanying operator's manual as well as P AA guidelines for U AS flight and safety 

guidelines set by the Academy of Model Aeronautics (AMA).
TABLE OF CONTENTS

GLOSSARY OF ABBREVIATIONS...........................................................................................3

SUMMARY...........................................................................................................................4

BACKGROUND & INTERESTS OF PETITIONER.......................................................................4

BASIS FOR PETITION............................................................................................................4

NAME AND ADDRESS OF PETITIONER.................................................................................6

THE SPECIFIC SECTIONS OF 14 C.F.R. FROM WHICH MRK8R SEEKS EXEMPTION .............7

THE EXTENT OF RELIEF MRK8R SEEKS AND THE REASON THE

MRK8R SEEKS THE RELIEF....................................................................................................9

THE REASONS WHY GRANTING MRK8R’S REQUEST WOULD BE

IN THE PUBLIC INTEREST ...................................................................................................11

THE REASONS WHY GRANTING THE EXEMPTION TO MRK8R

WOULD NOT ADVERSELY AFFECT SAFETY.........................................................................12

SUMMARY THAT CAN BE PUBLISHED IN THE FEDERAL REGISTER....................................22

ANY ADDITIONAL INFORMATION, VIEWS, OR ARGUMENTS AVAILABLE TO

SUPPORT MRK8R’S REQUEST............................................................................................22

CONCLUSION.....................................................................................................................23

APPENDICES.............................................................................................................................. 23
GLOSSARY OF ABBREVIATIONS

AGL Above Ground Level

AOI Area of Interest

ATC Air Traffic Control

ATO Air Traffic Organization

AV Aerial Vehicle

CFR Code of Federal Regulations

COA Certificate of Authorization

FAA Federal Aviation Administration

FAR Federal Aviation Regulation

GCS Ground Control Station

GPS Global Positioning System

LOL Loss of Link

NAS National Airspace System

NOTAM Notice to Airman

PIC Pilot In Command

Section 333 FAA Modernization and Reform Act of 2012 (FMRA)

SO Safety Observer

SOP Standard Operating Procedures

UA Unmanned Aircraft

UAS Unmanned Aircraft System

VFR Visual Flight Rules

VLOS Visual Line of Site

VMC Visual Meteorological Conditions

VTOL Vertical Takeoff and Landing
SUMMARY:

Jared Maxfield hereafter referred to as Mrk8r seeks exemption from the requirements of 14 C.F.R §§ 

61.113(a) & (b), 91.7(a), 91.121, 91.151(b), 91.405(a), 91.407(a)(1), 91.409(a)(1) & (a)(2), and 91.417(a) 

& (b), to operate an Unmanned Aircraft System (3DR Solo) pursuant to Section 333 of the FAA 

Modernization and Reform Act of 2012 (FMRA). This exemption will permit Mrk8r to operate an 

unmanned Aircraft System (UAS) for the commercial purpose of conducting aerial video and 

photography of construction sites, residential and commercial real estate, civil landscapes and events 

over certain areas of the United States.

BACKGROUND:

Unmanned Aircraft Systems: 3DR Solo, UAS Mrk8r seeks an exemption to operate 3DR Solo system for 

compensation or hire within the NAS. The 3DR Solo is vertical takeoff and landing (VTOL) Unmanned 

Aircraft (UA) with a Ground Control Station (GCS) utilizing electronic tablet or smart phone systems. The 

3DR Solo has a maximum gross weight of approximately 3.3 lb. while having a height dimension of 10.2”, 

a maximum speed of approximately 18 mph and a maximum flying height of 400'. The 3DR Solo is 

equipped with four main rotors; driven by Lithium Polymer battery powered electric motors. The 3DR 

Solo that will be operated by Mrk8r will be registered in accordance with 49 U.S.C. 44103, Registration 

of Aircraft, as well as 14 C.F.R Part 47, Aircraft Registration, and marked in accordance with 14 C.F.R. 

Part 45, Identification and Registration Marking. 

The scope of work for the 3DR Solo UAS will include, but not be limited to... photography/video footage 

for advertising, real estate, aerial surveying, event photography/video, location/site information, and 

visual education along with recreation activities for commercial profit.

BASIS FOR PETITION:

Petitioner, Mrk8r, pursuant to the provisions of the Federal Aviation Regulations (14 C.F.R. § 11.61) and 

the FAA Modernization and Reform Act of 2012 (FMRA), Section 333, Special Rules for Certain 

Unmanned Aircraft Systems, hereby petitions the Administrator to commercially operate the 3DR Solo, 

UAS in the National Airspace System (NAS), and for an exemption from the requirements of 14 C.F.R §§ 

61.113(a) & (b), 91.7(a), 91.121, 91.151(b), 91.405(a), 91.407(a)(1), 91.409(a)(1) & (a)(2), and 91.417(a) 

& (b). 

In consideration of the speed, weight, size, and limited operating area associated with the unmanned 

aircraft and its operation, Mrk8r operation of 3DR Solo UAS meets the conditions of FMRA Section 333 

and therefore, will not require an airworthiness certificate in accordance with 14 C.F.R. Part 21, Subpart 

H. 
Accordingly, Mrk8r requests relief from Sections 91.405(a), 91.407(a)(1), 91.409(a)(1) & (a)(2), and 

91.417(a) & (b), as these sections set forth requirements for maintenance that only apply to aircraft with 

an airworthiness certificate. 

Mrk8r submits that the requested relief is proper since an equivalent level of safety will be ensured. 

Mrk8r will use experienced personnel or technicians to perform maintenance, alterations, or preventive 

maintenance on the UAS using the methods, techniques, and practices prescribed in the operating 

documents (i.e., Monthly Maintenance Log, and 3DR Solo Instruction Manual). Furthermore, Mrk8r will 

document and maintain all maintenance records for the 3DR Solo UAS. 

Relief from certain requirements of Section 61.113(a) and (b), entitled Private pilot privileges and 

limitations: Pilot in command, is requested by Mrk8r to the extent necessary to allow a Pilot in 

Command (PIC) holding a private pilot or higher level certificate, as well as an airman medical certificate, 

and who has demonstrated, by meeting minimum flight hour and currency requirements, that the PIC is 

able to safely operate the DJI Phantom UAS in a manner consistent with this exemption, including 

evasive and emergency maneuvers and maintaining appropriate distances from people, vessels, vehicles 

and structures. 

Mrk8r seeks relief from Section 91.7(a), entitled Civil aircraft airworthiness, because the 3DR Solo UAS 

do not require an airworthiness certificate in accordance with 14 C.F.R. Part 21, Subpart H. As such, 

Mrk8r submits that they will ensure that the 3DR Solo UAS is in an airworthy condition, prior to every 

flight, by determining that the UAS are in compliance with the operating documents (i.e., Monthly 

Maintenance Log, and 3DR Solo Instruction Manual), and that the aircraft are in a condition for safe 

flight. 

Mrk8r also seeks an exemption from the requirements of Section 91.121, entitled Altimeter Settings, as 

the 3DR Solo UAS will not have a typical barometric altimeter onboard. However, altitude information of 

the 3DR Solo UAS will be provided to the PIC via Global Positioning System (GPS) equipment and radio 

communications telemetry data link, which downlinks from the UA to the GCS for active monitoring of 

the flight path. This altitude information, combined with Mrk8r’s operation of the 3DR Solo UAS within 

visual line of sight, at or below 400 feet AGL, will ensure a level of safety equivalent to Section 91.121. 

Additionally, Mrk8r seeks an exemption from the requirements of Section 91.151(b), entitled Fuel 

requirements for flight in VFR conditions. Mrk8r submits that safety will not be affected by operation of 

the 3DR Solo UAS during daylight hours in visual meteorological conditions (VMC) under visual flight 

rules (VFR), with enough battery power to fly for a total duration of approximately 23 minutes. Battery 

power indicators are also able to show exactly how much battery power is left, as well as how much 

time is needed to return safely back to point of take-off. In accordance with 14 C.F.R. § 11.81, Mrk8r

provides the following information in support of its petition for exemption: 
A.Name & Address of the Petitioner:

The name and address of the Petitioner and point of contact is: 

Jared Maxfield

President at Mrk8r

8960 Clinton Landing Rd.

Lake Point, UT 84074

jared@mrk8r.com

B. The Specific Sections Of 14 C.F.R. From Which Mrk8r Seeks Exemption. 1.

1. Mrk8r Seeks Exemption From The Requirements Of Section 61.113(a) And (b). 

Section 61.113, entitled Private pilot privileges and limitations: Pilot in command, subsections 

(a) and (b) prescribe the following, in relevant part: 

(a) No person who holds a private pilot certificate may act as a pilot in command (PIC) of 

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

person, for compensation or hire, act as PIC of an aircraft. 

(b) A private pilot may, for compensation or hire, act as PIC 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. 

2. Mrk8r Seeks Exemption From The Requirements Of Section 91.7(a). 

Section 91.7, entitled Civil aircraft airworthiness, subsection (a), states the following: 

(a) No person may operate a civil aircraft unless it is in an airworthy condition. 

3. Mrk8r Seeks Exemption From The Requirements Of Section 91.121. 

Section 91.121, entitled Altimeter settings, subsection (a), states the following, in part: 

(a) Each person operating an aircraft shall maintain the cruising altitude or flight level of 

that aircraft, as the case may be, by reference to an altimeter that is set, when operating—

(1) Below 18,000 feet MSL, to—

(i) The current reported altimeter setting of a station along the route and within 

100 nautical miles of the aircraft; 

(ii) If there is no station within the area prescribed in paragraph (a)(1)(i) of this 

section, the current reported altimeter setting of an appropriate available station; or 
(iii) In the case of an aircraft not equipped with a radio, the elevation of the 

departure airport or an appropriate altimeter setting available before departure. 

4. Mrk8r Seeks Exemption From The Requirements Of Section 91.151(b). 

Section 91.151, entitled Fuel requirements for flight in VFR conditions, subsection 

(b), states the following: 

(b) No person may begin a flight in a rotorcraft 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, to fly after that for at least 20 minutes. 

5. Mrk8r Seeks Exemption From The Requirement Of Section 91.405(a). 

Section 91.405, entitled Maintenance required, subsection (a), states the following: Each owner 

or operator of an aircraft—

(a) 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[.] 

6. Mrk8r Seeks Exemption From The Requirements Of Section 91.407(a)(1) 

Section 91.407, entitled Operation after maintenance, preventive maintenance, rebuilding, or 

alteration, subsection (a)(1), states the following: 

(a) No person may operate any aircraft that has undergone maintenance, preventive 

maintenance, rebuilding, or alteration unless—

(1) It has been approved for return to service by a person authorized under § 

43.7 of this chapter[.] 

7. Mrk8r Seeks Exemption From The Requirements Of Sections 91.409(a)(1) And 91.409(a)(2). 

Section 91.409, entitled Inspections, subsection (a), states the following: 

(a) Except as provided in paragraph (c) of this section, no person may operate an aircraft 

unless, within the preceding 12 calendar months, it has had –

(1) An annual inspection in accordance with part 43 of this chapter and has been 

approved for return to service by a person authorized by § 43.7 of this chapter; or 

(2) An inspection for the issuance of an airworthiness certificate in accordance 

with part 21 of this chapter. 9 

8. Mrk8r Seeks Exemption From The Requirements Of Sections 91.417(a) And 91.417(b). 
Section 91.417, entitled Maintenance records, subsections (a) and (b), state the following: 

(a) Except for work performed in accordance with §§ 91.411 and 91.413, each registered 

owner or operator shall keep the following records for the periods specified in paragraph (b) of 

this section: 

(1) Records of the maintenance, preventive maintenance, and alteration and 

records of the 100-hour, annual, progressive, and other required or approved 

inspections, as appropriate, for each aircraft (including the airframe) and each engine, 

propeller, rotor, and appliance of an aircraft. The records must include—

(i) A description (or reference to data acceptable to the Administrator) 

of the work performed; and 

(ii) The date of completion of the work performed; and (iii) The 

signature, and certificate number of the person approving the aircraft for return 

to service. 

(2) Records containing the following information: 

(i) The total time in service of the airframe, each engine, each propeller, 

and each rotor. 

(ii) The current status of life-limited parts of each airframe, engine, 

propeller, rotor, and appliance. 

(iii) The time since last overhaul of all items installed on the aircraft 

which are required to be overhauled on a specified time basis. 

(iv) The current inspection status of the aircraft, including the time since 

the last inspection required by the inspection program under which the aircraft 

and its appliances are maintained. 

(v) The current status of applicable airworthiness directives (AD) and 

safety directives including, for each, the method of compliance, the AD or safety 

directive number and revision date. If the AD or safety directive involves 

recurring action, the time and date when the next action is required. 

(vi) Copies of the forms prescribed by § 43.9(d) of this chapter for each 

major alteration to the airframe and currently installed engines, rotors, 

propellers, and appliances. 10 

(b) The owner or operator shall retain the following records for the periods 

prescribed: 
(1) The records specified in paragraph (a)(1) of this section shall be 

retained until the work is repeated or superseded by other work or for 1 year 

after the work is performed. (2) The records specified in paragraph (a)

(2) of this section shall be retained and transferred with the aircraft at 

the time the aircraft is sold. 

(3) A list of defects furnished to a registered owner or operator under § 

43.11 of this chapter shall be retained until the defects are repaired and the 

aircraft is approved for return to service. 

C. The Extent Of Relief Mrk8r Seeks And The Reason Mrk8r Seeks The Relief. 

1. Extent Of Relief Mrk8r Seeks And The Reason Mrk8r Seeks Relief From Section 61.113(a) And (b). 

Relief from Section 61.113(a) and (b) entitled Private pilot privileges and limitations: Pilot in command, 

is requested to the extent necessary to allow a PIC holding a private pilot or higher level certificate, as 

well as a current and valid airman medical certificate, and who has met certain flight-hour and currency 

requirements, to conduct the proposed UAS flight operations for compensation or hire. 

This relief is requested since the limitations set forth in Section 61.113(a) and (b) state that a private 

pilot may, for compensation or hire, act as PIC 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. 

As set forth more fully below, Mrk8r submits that an equivalent level of safety will be maintained 

because no PIC will be allowed to operate the 3DR Solo UAS unless that PIC has met certain flight-hour 

and currency requirements, demonstrating that the PIC is able to safely operate either the 3DR Solo UAS 

in a manner consistent with the operations specifications as described in this exemption, including 

evasive and emergency maneuvers, as well as maintaining appropriate distances from people, vessels, 

vehicles and structures. 

Further, Mrk8r submits that all flights of the 3DR Solo UAS, conducted by the PIC pursuant to the grant 

of this Petition: (1) will be incidental to Mrk8r’s business; and (2) will not carry passengers or property 

for compensation or hire. 

2. Extent Of Relief Mrk8r Seeks And The Reason Mrk8r Seeks Relief From Section 91.7(a). 

Relief from Section 91.7(a) entitled Civil aircraft airworthiness, is requested to the extent required to 

allow Mrk8r to determine that the 3DR Solo UAS are in airworthy condition prior to every flight by 

ensuring that the UAS is in compliance with the operating documents (i.e., Mrk8r Aerial Operations 

Manual, Monthly Maintenance Log, and 3DR Solo Instruction Manual). 

Mrk8r seeks the requested relief because the 3DR Solo UAS do not require an airworthiness certificate 

in accordance with 14 C.F.R. Part 21, Subpart H. Therefore, Mrk8r will ensure that the 3DR Solo UAS are 
in airworthy condition based upon its compliance with the operating documents (i.e., Monthly 

Maintenance Log, and 3DR Solo) prior to every flight, and further, determine that the aircraft are in 

condition for safe flight, as stated in the conditions and limitations below. 

3. Extent Of Relief Mrk8r Seeks And The Reason Mrk8r Seeks 

Relief From Section 91.121. Relief from Section 91.121, entitled Altimeter settings, may be required to 

allow flight operations of the 3DR Solo UAS, which utilize a barometric pressure sensor, GPS equipment, 

and a radio communications telemetry data link to downlink altitude information from the UA to the PIC 

at the ground control station (GCS). Since the FAA requires that any altitude information concerning UAS 

operations be reported to air traffic control (ATC) in feet above ground level (AGL), Mrk8r seeks the 

requested relief because the 3DR Solo UA’s altimeter may be set on the ground to zero feet AGL, rather 

than the local barometric pressure or field altitude, before each flight. 

Considering the limited altitude of the proposed operations, relief from 14 CFR 91.121 is sought to the 

extent necessary to comply with the applicable conditions and limitations stated below. As more fully 

set forth herein, an equivalent level of safety will be maintained since the 3DR Solo UAS are equipped 

with a barometric pressure sensor and GPS equipment, which automatically ensures that a ground level 

pressure setting will be established prior to each flight, and provides the PIC with altitude information of 

the UA on the heads-up display of the GCS. 

4. Extent Of Relief Mrk8r Seeks And The Reason Mrk8r Seeks Relief From Section 91.151(b). 

Relief from Section 91.151(b) entitled Fuel requirements for flight in VFR conditions, is requested to the 

extent required to allow flights of the battery powered 3DR Solo UAS during daylight hours in visual 

meteorological conditions (VMC), under visual flight rules (VFR), for a total duration of 23 minutes. 

Mrk8r seeks the requested relief because without an exemption from Section 91.151(b), the flight time 

duration of the 12 battery powered 3DR Solo UAS will severely constrain the practicality of any aerial 

video or still photo flight operations that Mrk8r proposes to conduct pursuant to this Petition. 

Significantly, as set forth below, the technical specifications of the 3DR Solo UAS, the 3DR Solo operating 

documents, and Mrk8r’s proposed operating limitations, ensure that Mrk8r will safely operate the 

battery powered 3DR Solo UAS during daylight hours in visual meteorological conditions (VMC), under 

visual flight rules (VFR), with enough battery power to fly for a total duration of 23 minutes. 

5. Extent Of Relief Mrk8r Seeks And The Reason Mrk8r Seeks Relief From Sections 91.405(a), 

91.407(a)(1), 91.409(a)(1) & (a)(2), And 91.417(a) & (b). 

Since Sections 91.405(a), 91.407(a)(1), 91.409(a)(1) & (a)(2), and 91.417(a) & (b) only apply to aircraft 

with an airworthiness certificate, Mrk8r requests relief from these Sections because the 3DR Solo UAS 

do not require airworthiness certificates. As set forth more fully below, the 3DR Solo UAS meet the 

conditions of FMRA Section 333 for operation without an airworthiness certificate. Accordingly, Mrk8r

will use trained technicians to perform maintenance, alterations, or preventive maintenance on the UAS 

using the methods, techniques, and practices prescribed in the UAS operating documents (i.e., the 
Mrk8r Aerial Operations Manual, Monthly Maintenance Log, and 3DR Solo Instruction Manual). 

Furthermore, Mrk8r will document and maintain all maintenance records for the 3DR Solo UAS. 

D. The Reasons Why Granting Mrk8r Request Would Be In The Public Interest; That Is, How It Would 

Benefit The Public As A Whole. 

Granting the present Petition will further the public interest by allowing Mrk8r to safely, efficiently, and 

economically perform aerial video and photography of construction sites, real estate, events and civic 

landscape over certain areas of the United States. 

Additionally, use of the 3DR Solo UAS will decrease congestion of the NAS, reduce pollution, and provide 

significant benefits to the economy. Notably, the benefits of Mrk8r’s proposed operation of the 3DR 

Solo UAS will be realized without implicating any privacy issues. 

1. The Public Will Benefit From Decreased Congestion Of The NAS. The 3DR Solo UAS are battery 

powered and serve as a safe, efficient, and economical alternative to the manned aircraft traditionally 

utilized to obtain aerial imagery. By reducing the 13 amount of manned aircraft needed to perform 

aerial acquisitions, an exemption allowing the use of a 3DR Solo UAS would reduce the amount of 

manned aircraft in the NAS, reduce noise and air pollution, as well as increase the safety of life and 

property in the air and on the ground. 

Furthermore, by reducing the number of manned aircraft operating in the NAS, congestion around 

airports caused by arriving and departing aircraft will be reduced. The 3DR Solo UAS do not require an 

airport to takeoff or land. Likewise, a reduction of manned aircraft conducting aerial video and 

photography missions would result in fewer aircraft that must be handled by air traffic control during 

the ground, takeoff, departure, arrival, and landing phases of flight operations. 

2. The Public Will Benefit From The Safety And Efficiency Of The 3DR Solo UAS. Conducting aerial 

acquisitions with the 3DR Solo UAS, instead of manned aircraft, will greatly benefit the public by 

drastically reducing the levels of air and noise pollution generated during traditional aerial video and still 

photography flight operations. By using battery power and electric motors, the 3DR Solo UAS produce 

no air pollution, and is the most viable environmentally conscious alternative to the cabin class, six 

cylinder internal combustion engine aircraft that are typically utilized for aerial video and photography, 

while burning approximately 20-30 gallons per hour of leaded aviation fuel. The 3DR Solo UAS, while 

reducing the carbon footprint of aerial acquisitions, also eliminates noise pollution, as the UAS are 

propelled by battery powered electric motors, rather than an internal combustion engine. 

By using the 3DR Solo UAS to perform aerial acquisitions, the substantial risk to life and property in the 

air and on the ground, which is usually associated with traditional manned aircraft flight operations, will 

be substantially reduced or completely eliminated. Aside from the lack of flight crew members located 

onboard the aircraft, the 3DR Solo UAS (weighing approximately 2.8 pounds at their maximum gross 

weight with diagonal dimension of 23.2 inches, and with no fuel on board), has less physical potential 

for collateral damage to life and property on the ground, and in the air, compared to the manned 
aircraft that typically conduct similar operations (weighing approximately 6,000 pounds with a wingspan 

of approximately 42 feet, a length of 34 feet, and a fuel capacity of 180 gallons). 

3. Performing Aerial Video and Photography Operations With The 3DR Solo UAS Will Benefit The 

Economy. 

In addition to being safe and efficient, the 3DR Solo UAS are also an economical alternative to using 

manned aircraft to conduct similar aerial operations. As such, operation of the 3DR Solo UAS will allow 

United States based companies, like Mrk8r, to remain competitive and contribute to growth of the U.S. 

economy. Specifically, with the rising cost of aviation fuel and the Environmental Protection Agency 

(“EPA”) regulatory actions phasing out leaded aviation fuels, U.S. owned and operated companies must 

adopt new and alternative technology in order to remain competitive. Operating the battery powered 

3DR Solo UAS is one such technology that not only allows companies greater operational 14 flexibility 

compared to manned aircraft, but provides such flexibility without the high operational cost of a 

traditional manned aircraft. 

By operating the 3DR Solo UAS, companies such as Mrk8r, can remain competitive and profitable, and 

therefore, provide greater job stability to employees and contractors, which will ultimately contribute to 

growth of the U.S. economy. Improved financial performance of U.S. companies, through commercial 

use of the 3DR Solo UAS, provides a stable workforce that increases consumer spending; improves local, 

state, and federal tax revenues; and allows companies to invest in research and development in order to 

remain competitive both in the United States and abroad.

4. There Are No Privacy Issues. Similar to the manned aerial acquisition flight operations that have been 

conducted for decades, Mrk8r’s proposed operation of the 3DR Solo UAS will not implicate any privacy 

issues. Specifically, the 3DR Solo UAS will be operated only in compliance with operating documents 

(i.e., Mrk8r Aerial Operations Manual, Monthly Maintenance Log, and 3DR Solo Instruction Manual) 

which requires property owner involvement as well as local law enforcement notification, and in 

accordance with the Federal Aviation Regulations, including the minimum altitude requirements of 14 

C.F.R. § 91.119. 

E. The Reasons Why Granting The Exemption Would Not Adversely Affect Safety, Or How The 

Exemption Would Provide A Level Of Safety At Least Equal To That Provided By The Rule From Which 

Mrk8r Seeks Exemption. 

1. Reasons Why The 3DR Solo UAS Meet The Conditions Of The FAA Modernization and Reform Act of 

2012 (FMRA) Section 333. 

In consideration of the size, weight, speed, and limited operating area associated with the unmanned 

aircraft and its operation, Mrk8r’s operation of the 3DR Solo UAS meet the conditions of FMRA Section 

333, and will not require an airworthiness certificate in accordance with 14 C.F.R. Part 21, Subpart H. 
Section 333 provides authority for a UAS to operate without airworthiness certification and sets forth 

requirements for considering whether a UAS will create a hazard to users of the NAS or the public, or 

otherwise pose a threat to national security. Specifically, FMRA Section 333 states the following, in part: 

(a) In General.--Notwithstanding any other requirement of this subtitle, and not later than 180 

days after the date of enactment of this Act, the Secretary of Transportation shall determine if certain 

unmanned aircraft systems may operate safely in the national airspace system before completion of the 

plan and rulemaking required by section 332 of this Act or the guidance required by section 334 of this 

Act. 15 

(b) Assessment of Unmanned Aircraft Systems.--In making the determination under subsection 

(a), the Secretary shall determine, at a minimum—

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

speed, 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). 

(c) Requirements for Safe Operation.--If the Secretary determines under this section that certain 

unmanned aircraft systems may operate safely in the national airspace system, the Secretary shall 

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

In seeking this exemption, Mrk8r submits that the 3DR Solo UAS can operate safely in the NAS pursuant 

to FMRA Section 333, as demonstrated by: (a) the characteristics of the 3DR Solo UAS; (b) the pilot 

certification requirement; and (c) the specific operating limitations. 

a. The Specifications Of The 3DR Solo UAS Demonstrate Its Safe Characteristics. 

The 3DR Solo UAS does not create a hazard to users of the NAS or the public, or otherwise pose a threat 

to national security considering its size, weight, speed, and operational capability. 

i. Technical Specifications Of The 3DR Solo UAS. 

The technical specifications of the 3DR Solo UAS are set forth by the 3DR Solo User Manual, attached 

hereto as Appendix A. 

ii. The 3DR Solo UAS Global Positioning Modes Enable The UAS To Remain Within A Defined 

Operational Area. 
The 3DR Solo UAS may be operated in both manual and global positioning flight modes. A complete 

description of the flight and navigational modes of the 3DR Solo UAS is provided in the 3DR Solo User 

Manual attached hereto as Appendix A. 

iii. The 3DR Solo UAS Are Designed For Automatic Return To Home Point Or Hover In The Event 

Of Loss Of The Control Link Or Navigation. 

When the Control Link is lost, the 3DR Solo UAS will remain stationary, in flight, for 3 seconds or more. 

If, after 3 seconds, the 3DR Solo UAS does not reacquire control link data from the GCS, the UAS will 

assume that the Control Link is lost and the will return to the home position (i.e., failsafe mode) via GPS, 

and will descend to the takeoff position and shutdown. 16 A complete description of the Failsafe 

Functions of the 3DR Solo UAS are set forth at pages 12 through 14 of the 3DR Solo User Manual, 

attached hereto as Appendix A. 

iv. The 3DR Solo GCS And Its Operation. 

A complete description of the operation and specifications of the 3DR Solo GCS and flight control 

software is provided at pages 23 through 29 of the 3DR Solo User Manual. 3DR Solo User Manual is 

attached hereto as Appendix A. 

b. Flight Operations Of 3DR Solo UAS Is Limited To The Line Of Sight Of A Certificated Pilot in Command 

With A Safety Observer. 

Mrk8r video production staff will be the only persons to act as a pilot in command (PIC) of the 3DR Solo

UAS. Additionally, a safety observer will assist him at all times during flight time. 

c. Flights Of 3DR Solo UAS Will Be Conducted Pursuant To Specific Operating Limitations. 

In seeking this exemption, Mrk8r proposes to commercially operate 3DR Solo UAS for the special 

purpose of conducting aerial video and photography over certain areas of United States, pursuant to the 

following specific operating limitations. 

1. Operations authorized by this grant of exemption will be limited to the following aircraft 

described in the operating documents, rotorcraft UAS weighing less than 55 pounds maximum gross 

weight: 3DR Solo Unmanned Aircraft Systems. Proposed operations of any other aircraft will require a 

new petition or a petition to amend this grant. 

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

of aerial video and photography. 

3. The UAS may not be flown at an indicated airspeed exceeding 20 knots. 

4. The UA must be operated at an altitude of no more than 400 feet above ground level (AGL), 

as indicated by the procedures specified in the operating documents unless a special request is made 

and approved by ATC. All altitudes reported to ATC must be in feet AGL. 
5. The UAS must be operated within visual line of sight (VLOS) of the PIC at all times. This 

requires the PIC to be able to use human vision unaided by any device other than corrective lenses, as 

specified on the PIC’s FAA-issued airman medical certificate. 

6. The use of first person view (FPV) by the PIC or safety observer (SO) is not permitted. 

7. All operations must utilize a safety observer (SO). The SO may be used to satisfy the VLOS 

requirement as long as the PIC always maintains VLOS capability. The SO and PIC must be able to 

communicate verbally at all times. Electronic messaging or texting is not permitted during flight 

operations. The PIC must be designated before the flight and cannot transfer his or her designation for 

the duration of the flight. The PIC must ensure that the SO can perform the functions prescribed in the 

operating documents. 

8. The SO must not perform any other duties beyond assisting the PIC with seeing and avoiding 

other air traffic and other ground based obstacles/obstructions and is not permitted to operate the 

camera or other instruments. 

9. The operating documents and the grant of exemption must be accessible during UAS 

operations and made available to the Administrator upon request. If a discrepancy exists between the 

conditions and limitations contained in the grant of exemption and the procedures outlined in the 

operating documents, the conditions and limitations contained in the grant of exemption take 

precedence and must be followed. Otherwise, the operator must follow the procedures as outlined in its 

operating documents. The operator may update or revise its operating documents. It is the operator’s 

responsibility to track such revisions and present updated and revised documents to the Administrator 

upon request. The operator must also present updated and revised documents if it petitions for 

extension or amendment to the grant of exemption. If the operator determines that any update or 

revision would affect the basis upon which the FAA granted the exemption, then the operator must 

petition for amendment to its grant of exemption. The FAA’s UAS Integration Office (AFS-80) may be 

contacted if questions arise regarding updates or revisions to the operating documents. 

10. Prior to each flight the PIC must inspect the UAS to ensure that it is in a condition for safe 

flight. If the inspection reveals a condition that affects the safe operation of the UAS, the aircraft is

prohibited from operating until the necessary maintenance has been performed and the UAS is found to 

be in a condition for safe flight. The Ground Control Station must be included in the preflight inspection. 

All maintenance and alterations must be properly documented in the aircraft records. 

11. Any UAS that has undergone maintenance or alterations that affect the UAS operation or 

flight characteristics, e.g. replacement of a flight critical component, must undergo a functional test 

flight. The PIC who conducts the functional test flight must make an entry in the aircraft records. 

12. The pre-flight inspection must account for all potential discrepancies, e.g. inoperable 

components, items, or equipment, not already covered in the relevant sections of the operating 

documents. 
13. The operator must follow the UAS manufacturer’s aircraft/component, maintenance, 

overhaul, replacement, inspection, and life limit requirements. 

14. The operator must carry out its maintenance, inspections, and record keeping requirements, 

in accordance with the operating documents. Maintenance, inspection, alterations, and status of 

replacement/overhaul component parts must be noted in the aircraft records, including total time in 

service, description of work accomplished, and the signature of the authorized person returning the UAS 

to service. 

15. Each UAS operated under this exemption must comply with all manufacturer Safety 

Bulletins. 

16. The authorized person must make an entry in the aircraft record of the corrective action 

taken against discrepancies discovered between inspections. 

17. The PIC must possess at least a private pilot certificate and at least a current third class 

medical certificate. 

18. The operator may not permit any PIC to operate unless the PIC meets the operator’s 

qualification criteria and demonstrates the ability to safely operate the UAS in a manner consistent with 

how the UAS will be operated under the exemption, including evasive and emergency maneuvers and 

maintaining appropriate distances from persons, vessels, vehicles and structures. PIC qualification flight 

hours must be logged in a manner consistent with 14 C.F.R. § 61.51(b). Flights for the purposes of 

training the operator’s PICs are permitted under the terms of the exemption. However, training 

operations may only be conducted during dedicated training sessions. During training, proficiency, and 

experience-building flights, all persons not essential for flight operations are considered nonparticipants, 

and the PIC must operate the UA with appropriate distance from nonparticipants in accordance with 14 

C.F.R. § 91.119. 

19. UAS operations may not be conducted during night, as defined in 14 C.F.R. § 1.1. All 

operations must be conducted under visual meteorological conditions (VMC). If flight at night is 

required, a special request will be made at the FAA office closest to proposed area of operations. Flights 

under special visual flight rules (SVFR) are not authorized. 

20. The UA may not operate 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 

is obtained, and the operation is conducted in accordance with a NOTAM as required by the operator’s 

COA. The letter of agreement with the airport management must be made available to the 

Administrator upon request. 

21. The UA may not be operated less than 500 feet below or less than 2,000 feet horizontally 

from a cloud or when visibility is less than 3 statute miles from the PIC. 
22. If the UA loses communications or loses its GPS signal, it must return to a predetermined 

location within the planned operating area and land or be recovered in accordance with the operating 

documents. 

23. The PIC must abort the flight in the event of unpredicted obstacles or emergencies in 

accordance with the operating documents. 

24. The PIC is prohibited from beginning a flight unless (considering wind and forecast weather 

conditions) there is enough power to fly at normal cruising speed to the intended landing point and land 

the UA with 25% battery power remaining. 

25. The operator must obtain an Air Traffic Organization (ATO) issued Certificate of Waiver or 

Authorization (COA) prior to conducting any operations under the grant of exemption. This COA will also 

require the operator to request a Notice to Airman (NOTAM) not more than 72 hours in advance, but 

not less than 48 hours prior to the operation. All operations shall be conducted in accordance with 

airspace requirements in the ATO issued COA including class of airspace, altitude level and potential 

transponder requirements. 

26. All aircraft operated in accordance with the exemption must be identified by serial number, 

registered in accordance with 14 C.F.R. part 47, and have identification (NNumber) markings in 

accordance with 14 C.F.R. part 45, Subpart C. Markings must be as large as practicable. 

27. Before conducting operations, the radio frequency spectrum used for operation and control 

of the UA must comply with the Federal Communications Commission (FCC) or other appropriate 

government oversight agency requirements. 

28. The documents required fewer than 14 C.F.R. 91.9 and 91.203 must be available to the PIC 

at the Ground Control Station of the UAS any time the UAS is operating. These documents must be 

made available to the Administrator or any law enforcement official upon request. 

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

activities at all times. 

30. The UAS may not be operated by the PIC from any moving device or vehicle. 

31. Flight operations must be conducted at least 500 feet from all nonparticipating persons 

(persons other than the PIC, SO, operator trainees or essential persons), vessels, vehicles, and structures 

unless: 

a. Barriers or structures are present that sufficiently protect nonparticipating persons 

from the UA and/or debris in the event of an accident. The operator must ensure that 

nonparticipating persons remain under such protection. If a situation arises where 

nonparticipating persons leave such protection and are within 500 feet of the UA, flight 

operations must cease immediately and/or; 
b. 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 an undue hazard, and; 20 

c. Operations nearer to the PIC, SO, operator trainees or essential persons do not 

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

32. All operations shall be conducted over private or controlled-access property with permission 

from the land owner/controller or authorized representative. Permission from land owner/controller or 

authorized representative will be obtained for each flight to be conducted. 

33. Any incident, accident, or flight operation that transgresses the lateral or vertical boundaries 

of the operational area as defined by the applicable COA must be reported to the FAA's UAS Integration 

Office (AFS-80) within 24 hours. Accidents must be reported to the National Transportation Safety Board 

(NTSB) per instructions contained on the NTSB Web site: www.ntsb.gov. 

2. Reasons Why An Exemption From The Requirements Of Section 61.113(a) And (b) Would Not 

Adversely Affect Safety. 

Mrk8r submits that the equivalent level of safety established by Section 61.113(a) and (b) will be 

maintained because no PIC will be allowed to operate the 3DR Solo UAS unless that PIC has 

demonstrated, by meeting minimum flight-hour and currency requirements, that the PIC is able to safely 

operate the 3DR Solo UAS in a manner consistent with the exemption, including evasive and emergency 

maneuvers and maintaining appropriate distances from people, vessels, vehicles and structures. 

Considering Mrk8r’s proposed area of operations, and the operating limitations set forth-above; the 

parallel nature of private pilot aeronautical knowledge requirements to those of commercial pilot 

requirements (See Exemption No. 11062); and the airmanship skills necessary to safely operate the 3DR 

Solo UAS, Mrk8r submits that the additional manned airmanship experience of a commercially 

certificated pilot would not correlate to the airmanship skills necessary for Mrk8r’s specific proposed 

flight operations. 

The FAA has previously granted relief from Section 61.113(a) and (b) specific to UAS, in circumstances 

similar, in all material respects, to those presented herein (e.g. Exemption Nos. 11062, 11063, 11064, 

11065, 11066, 11067, 11080, 11109, 11110, 11112, 11136, 11138, 11150, 11153, 11156, 11158, 11159, 

11160, 11161). 

Mrk8r will not allow any PIC to operate the 3DR Solo UAS unless that PIC has demonstrated, by meeting 

minimum flight-hour requirements or the 3DR Solo UAS training and currency requirements, that the 

PIC is able to safely operate the 3DR Solo UAS in a manner consistent with this exemption, including 

evasive and emergency maneuvers and maintaining appropriate distances from people, vessels, vehicles 

and structures. 
Specifically, the PIC must have accumulated and logged, in a manner consistent with 14 C.F.R. § 

61.51(b), 25 hours of total time as a UAS rotorcraft pilot (with a minimum of 5 hours of those 21 hours 

as a UAS pilot operating the same make and model of UAS to be used for operations under the 

exemption). In addition to the hour requirements, the PIC must accomplish 3 takeoffs and landings in 

the preceding 90 days (for currency purposes). 

As in Exemption Nos. 11062, 11138, and 11153, prior documented flight experience that was obtained 

in compliance with applicable regulations will ensure an equivalent level of safety during Mrk8r’s 

proposed operations. The Administrator has held that prior documented flight experience that was 

obtained in compliance with applicable regulations would ensure safe operations, stating as follows: 

In Exemption No. 11062, the FAA required that prior to conducting operations for the purpose 

of motion picture filming (or similar operations), the PIC must have accumulated and logged, in a 

manner consistent with 14 CFR 61.51(b), 25 hours of total time as a UAS rotorcraft pilot including at 

least 10 hours logged as a UAS pilot with a multi-rotor UAS. Prior to operations under Exemption No. 

11062, the PIC must also have accumulated and logged a minimum of 5 hours as a UAS pilot operating 

the same make and model of UAS to be used for operations under the exemption. For clarification, the 

FAA considers these minimum hour requirements to be inclusive rather than additive; i.e. 5 hours make 

and model time may be included in the 10 hours of multi-rotor time and the 10 hours may be included 

in the total 25 hours of UAS rotorcraft time. In addition to the hour requirements, the PIC must 

accomplish 3 takeoffs and landings in the preceding 90 days (for currency purposes). The FAA finds that 

at a minimum, the flight-hour requirements in Exemption No. 11062 are appropriate to practice and 

build proficiency in the skills necessary to safely conduct the petitioner’s proposed operations. The FAA 

also finds that prior documented flight experience that was obtained in compliance with applicable 

regulations would satisfy this requirement. Training, proficiency, and experience-building flights can also 

be conducted under the grant of exemption to accomplish the required flight time. During training, 

proficiency, and experience-building flights the PIC is required to operate the UA with appropriate 

distances in accordance with 14 C.F.R 91.119. 

Exemption No. 11138 at page 15. 

Accordingly, Mrk8r will ensure safe operations by not allowing any PIC to operate the 3DR Solo UAS 

unless that PIC has demonstrated, by meeting minimum flight-hour and currency requirements, that the 

PIC is able to safely operate the 3DR Solo UAS in a manner consistent with the exemption, including 

evasive and emergency maneuvers and maintaining appropriate distances from people, vessels, vehicles 

and structures. 

3. Reasons Why An Exemption From The Requirements Of Section 91.7(a) Would Not Adversely Affect 

Safety. 

The equivalent level of safety established by Section 91.7(a) will be maintained because prior to every 

flight, Mrk8r will ensure that the 3DR Solo UAS is in an airworthy condition based upon the UAS’s 

compliance with its operating documents and as stated in the conditions and limitations herein. 
Additionally, the FAA has previously granted relief from Section 91.7(a) specific to UAS, in circumstances 

similar, in all material respects, to those presented herein (e.g. Exemption Nos. 11062, 11063, 11064, 

11065, 11066, 11067, 11080, 11109, 11110, 11112, 11136, 11138, 11150, 11153, 11156, 11157, 11158, 

11159, 11160, 11161). 

4. Reasons Why An Exemption From The Requirements Of Section 91.121 Would Not Adversely Affect 

Safety. 

The equivalent level of safety established by Section 91.121 will be maintained because the altitude 

information of the 3DR Solo UAS will be provided to the PIC via GPS equipment and a radio 

communications telemetry data link, which downlinks from the UA to the GCS for active monitoring of 

the flight path and altitude. This altitude information, combined with Mrk8r’s operation of the 3DR Solo

UAS within visual line of sight, at or below 500 feet AGL, will ensure a level of safety equivalent to 

Section 91.121. The altitude information will be generated by GPS equipment installed onboard the 

aircraft. Prior to each flight, a zero altitude initiation point is automatically established by the UAS at 

ground level. 

The FAA has previously granted relief from Section 91.121 specific to UAS, in circumstances similar, in all 

material respects, to those presented herein (e.g. Exemption Nos. 11062, 11063, 11064, 11065, 11066, 

11067, 11080, 11109, 11112, 11136, 11138, 11150, 11153, 11156, 11157, 11158, 11159, 11160, 11161). 

5. Reasons Why An Exemption From The Requirements Of Section 91.151(b) Would Not Adversely Affect 

Safety. 

A grant of this exemption would ensure an equivalent level of safety established by 14 C.F.R. Section 

91.151(b) as a result of (1) the technical specifications of the 3DR Solo UAS; (2) the limitations on the 

proposed flight operations; and (3) the location of the proposed flight operations. Accordingly, Mrk8r

will ensure that it will safely operate the battery powered 3DR Solo UAS during daylight hours in VFR 

conditions, with enough battery power to fly for a total duration of 23 minutes. 

Here, as in Exemption No. 11109, the technical specifications of the 3DR Solo UAS; the limitations on the 

proposed flight operations; and the location of the proposed operations, will ensure an equivalent level 

of safety established by 14 C.F.R. Section 91.151(b). Furthermore, safety will be ensured as the 3DR Solo

UAS provide audible and visual warnings to the PIC at the GCS when the UAS experiences low battery 

voltage, the first warning occurring at approximately 33% remaining battery power, and again at 

approximately 10% remaining battery power. At the critically low battery level, the 3DR Solo UAS will 

descend and land automatically. 

Significantly, previous exemptions granted by the FAA concerning Section 91.151 establish that safety is 

not adversely affected when the technical characteristics and operating limitations of the UAS are 

considered. Relief has been granted for manned aircraft to operate at less than the minimums 

prescribed in Section 91.151, including Exemption Nos. 2689, 5745, and 10650. Moreover, the FAA has 

previously granted relief from Section 91.151 specific to UAS, in circumstances similar, in all material 

respects, to those presented herein (e.g. Exemption Nos. 8811, 10808, 10673, 11042, 11062, 11063, 
11064, 11065, 11066, 11067, 11080, 11109, 11110, 11136, 11138, 11150, 11153, 11156, 11157, 11158, 

11159, 11160, 11161). 

6. Reasons Why An Exemption From The Requirements Of Sections 91.405(a), 91.407(a)(1), 91.409(a)(1) 

& (a)(2), And 91.417(a) & (b) Would Not Adversely Affect Safety. 

In seeking this exemption, Mrk8r submits that the equivalent level of safety with regard to the 

regulatory maintenance and alteration requirements established by Sections 91.405(a), 91.407(a)(1), 

91.409(a)(1) & (a)(2), and 91.417(a) & (b) will be met because Mrk8r will use trained technicians to 

perform maintenance, alterations, or preventive maintenance on the UAS using the methods, 

techniques, and practices prescribed in the operating documents (i.e., Mrk8r Aerial Operations Manual, 

Monthly Maintenance Log, and 3DR Solo Instruction Manual). Furthermore, Mrk8r will document and 

maintain all maintenance records for the 3DR Solo UAS. 

Since the 3DR Solo UAS will be inspected as prescribed by the operating documents, Mrk8r will maintain 

the equivalent level of safety established by Sections 91.405(a), 91.409(a)(1), and 91.409(a)(2). A copy of 

the 3DR Solo User Manuals are attached hereto as Appendix A and B; a copy of the 3DR Solo UAS 

Maintenance LOG is attached hereto as Appendix C. 

Likewise, the exemption sought will not adversely affect safety because Mrk8r will use trained 

technicians to perform maintenance, alterations or preventive maintenance on the UAS using the 

methods, techniques, and practices prescribed by the operating documents. 

Furthermore, the exemption sought would maintain an equivalent level of safety established by Sections 

91.407, 91.417(a) and 91.417(b), because all maintenance of the 3DR Solo UAS will be performed by 

trained technicians. Maintenance will be documented and maintained utilizing the monthly 

maintenance log. 

Significantly, previous exemptions granted by the FAA concerning Sections 91.405(a), 91.407(a)(1), 

91.409(a)(1) & (a)(2), and 91.417(a) & (b) establish that safety is not adversely affected when the 

technical characteristics and operating limitations of the UAS are considered. 

In consideration of Mrk8r’s proposed operating limitations, the operating documents, and the technical 

aspects of the 3DR Solo UAS, Mrk8r submits that safety will not be adversely affected by granting 

exemption from 14 C.F.R. Sections 91.405(a), 91.407(a)(1) and (a)(2), 91.409(a)(2), and 91.417(a) and 

(b). The FAA has previously granted relief specific to UAS in circumstances similar, in all material 

respects, to those presented herein (e.g. Exemption Nos. 11062, 11063, 11064, 11065, 11066, 11067, 

11080, 11109, 11110, 11112, 11136, 11138, 11150, 11153, 11156, 11157, 11158, 11159, 11160, 11161). 

7. The FAA May Prescribe Any Other Conditions For Safe Operation. 

In accordance with Section 333 of the FAA Modernization and Reform Act of 2012 (FMRA) and 14 C.F.R. 

§ 21.16 entitled Special Conditions, Mrk8r requests that the FAA prescribe special conditions for the 

intended operation of the 3DR Solo UAS, which contain such safety standards that the Administrator 

finds necessary to establish a level of safety equivalent to that established by 14 C.F.R. Part 21, Subpart 
H, and 14 C.F.R §§ 61.113(a) & (b), 91.7 (a), 91.121, 91.151(b), 91.405(a), 91.407(a)(1), 91.409(a)(1) & 

(a)(2), and 91.417(a) & (b). Such special conditions will permit safe operation of the UAS for the limited 

purpose of conducting aerial video and photography over certain areas of the United States for 

compensation or hire. FMRA Section 333 sets forth the requirements for considering whether a UAS will 

create a hazard to users of the NAS or the public, or otherwise pose a threat to national security; and 

further, provides the authority for such UAS to operate without airworthiness certification in accordance 

with any requirements that must be established for the safe operation of the UAS in the NAS. 

Likewise, the Administrator may prescribe special conditions pursuant to 14 C.F.R. § 21.16, for operation 

of the 3DR Solo UAS, since the airworthiness regulations of 14 C.F.R. Part 21 do not contain adequate or 

appropriate safety standards, due to the novel or unusual design features of the aircraft. Section 21.16, 

entitled Special Conditions, states the following: 

If the FAA finds that the airworthiness regulations of this subchapter do not contain adequate or 

appropriate safety standards for an aircraft, aircraft engine, or propeller because of a novel or unusual 

design feature of the aircraft, aircraft engine or propeller, he prescribes special conditions and 

amendments thereto for the product. The special conditions are issued in accordance with Part 11 of 

this chapter and contain such safety standards for the aircraft, aircraft engine or propeller as the FAA 

finds necessary to establish a level of safety equivalent to that established in the regulations. 

See 14 C.F.R. § 21.16. 

Therefore, in accordance with FMRA Section 333 and 14 C.F.R. § 21.16, the FAA may prescribe 

special conditions for Leading Edge’s intended operation of the 3DR Solo UAS, which contain such safety 

standards that the Administrator finds necessary to establish a level of safety equivalent to that 

established by 14 C.F.R. Part 21, Subpart H, and 14 C.F.R Sections 25 61.113(a) & (b), 91.7(a), 91.121, 

91.151(b), 91.405(a), 91.407(a)(1), 91.409(a)(1) & (a)(2), and 91.417(a) & (b). 

A Summary That Can Be Published In The Federal Register, stating: The Rules From Which 

Mrk8r Seeks Exemption: 

Mrk8r seeks exemption from the requirements of 14 C.F.R Sections 61.113(a)&(b), 

91.7(a), 91.121, 91.151(b), 91.405(a), 91.407(a)(1), 91.409(a)(1) & (a)(2), and 91.417(a) & (b). 

A Brief Description Of The Nature Of The Exemption Mrk8r Seeks: 

This exemption will permit Mrk8r to commercially operate an Unmanned Aircraft 

System (UAS) for the purpose of conducting aerial video and photography over certain areas of 

the United States. 

Any Additional Information, Views, Or Arguments Available To Support Mrk8r’s Request. 

This Petition is made pursuant to the FAA Modernization and Reform Act of 2012 
(FMRA) Section 333, which directs the Secretary of Transportation to determine if certain UAS 

may operate safely in the NAS. As such, Mrk8r’s request for exemption may be granted pursuant to the 

authority of FMRA Section 333 and 14 C.F.R. Part 11, as set forth above. 

FMRA Section 333 sets forth the requirements for considering whether a UAS will create a 

hazard to users of the NAS or the public, or otherwise pose a threat to national security; and further, 

provides the authority for such UAS to operate without airworthiness certification. 

As discussed in detail above, Mrk8r will operate the 3DR Solo UAS safely in the NAS, without 

creating a hazard to users of the NAS, or the public, or otherwise pose a threat to national security. 

CONCLUSION:

As set forth herein, Mrk8r seeks an exemption pursuant to 14 C.F.R. § 11.61 and Section 333 of the FAA 

Modernization and Reform Act of 2012 (FMRA), which will permit safe operation of the 3DR Solo UAS 

commercially, without an airworthiness certificate, for the limited purpose of conducting aerial video 

and photography over certain areas of the United States. By granting this Petition, the FAA 

Administrator will be fulfilling the Congressional mandate of the FAA Modernization and Reform Act of 

2012, while also advancing the interests of the public, by allowing Mrk8r to safely, efficiently, and 

economically operate the 3DR Solo UAS commercially within the NAS.

WHEREFORE, in accordance with the Federal Aviation Regulations and the FAA Modernization and 

Reform Act of 2012, Section 333, Mrk8r respectfully requests that the Administrator grant this Petition 

for an exemption from the requirements of 14 C.F.R Sections 61.113(a) & (b), 91.7(a), 91.121, 91.151(b), 

91.405(a), 91.407(a)(1), 91.409(a)(1) & (a)(2), and 91.417(a) & (b), and permit Leading Edge to operate 

the 3DR Solo UAS commercially for the purpose of conducting aerial video and photography over certain 

areas of the United States.

Dated: JAN 28, 2016

Respectfully submitted,

Jared Maxfield

President at Mrk8r

8960 Clinton Landing Rd.

Lake Point, UT 84074

jared@mrk8r.com

APPENDIX:

Link to download 3DR Solo User Manual...

https://3dr.com/wp-content/uploads/2016/01/v8_01_05_16.pdf