October 23, 2015

U. S. Department of Transportation Docket Management System 1200 New Jersey Ave, SE Washington, DC 20590

Re: Exemption Request under Section 333 of the FAA Reform Act and Part 11 of the Federal Aviation Regulations

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, Brandon Rapp, the operator of the 3D Robotics Solo (“sUAS” or “Solo”), seeks an exemption from the Federal Aviation Regulations (“FARs”) list ed below and discussed in Appendix A.

The requested exemption would permit commercial operation of the 3D Robotics Solo, which weighs approximately 4 lbs. and is capable of capturing still imagery and video. Application for this sUAS is aerial data collec tion with a focus in the real estate industry. Use of the Solo for this purpose provides high quality data more safely and at a fraction of the cost of using conventional aircraft.

Operations under the exemption will be subject to strict operating require ments and conditions to ensure at least an equivalent level of safety to currently authorized operations using manned aircraft.

As described more fully below, the requested exemption would authorize commercial operations of aerial data collection using th e Solo, which at 4 lbs. is small in size. The Solo will be operated under controlled conditions at low altitude in airspace that is limited in scope, as described more fully herein; it will have automated control features,

as described below. The Solo also will be operated by an individual who has at least a private pilot’s certification with at least a third class medical and sUAS flight training. Finally, the airspace in which the sUAS will operate will be disclosed to the FAA in advance through the use o f a COA and NOTAMs.

Brandon Rapp respectfully submits that because this small unmanned aerial vehicle

— the

Solo

— will be used in lieu of comparatively hazardous operations now conducted with fixed wing and rotary conventional aircraft, the FAA can have conf idence that the operations will achieve at least an equivalent or greater level of safety. Approval of this exemption would thereby enhance safety and fulfill the Secretary of Transportation’s (theFAA Administrator’s) responsibilities under Section 333(c) of the Reform Act to “establish requirements for the safe operation of such aircraft systems in the national airspace system.”

The name and address of the applicant are: Brandon Rapp

Address: 2105 Columbine Terrace, Salina, KS 67401

Ph: 785

- 643

- 3539

Emai l: brapp25@hotmail.com

The regulations from which the exemption is requested are as follows:

14 C.F.R. 61.113(a)&(b); 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)(1); 14 C.F.R. 91.405(a); 14 C.F.R. 91.407(a) (1);

14 C.F.R. 91.409(a) (2); 14 C.F.R. 91.417(a)&(b).

Appendix A discusses each rule listed above and explains why exemptions pursuant to the proposal set forth in this letter are appropriate, provide an equivalent level of safety, and are in the public interest.

THE APPLICABLE LEGAL STANDARD UNDER SECTION 333 Brandon Rapp submits that grant of this exemption application for use of the Solo for aerial data collection with a focus in real estate will advance the Congressional mandate

in Section 333 of the Reform Act to accelerate the introduction of UASs into the national airspace system (“NAS”) if it can be accomplished safely. This law directs the Secretary of Transportation to consider whether certain UASs may operate safely in the NAS before completion of the rulemaking required under Section 332 of the Reform Act. In making this determination, the Secretary is required to determine which types of UASs do not create a hazard to users of the NAS or the public or pose a threat to national security in ligh t of the following: • The UAS’s size, weight, speed, and operational capability; • Operation of the UAS in close proximity to airports and populated areas; and • Operation of the UAS within visual line of sight of the operator.

The grant of the requested exemption is in the public interest based on the clear direction in Section 333 of the Reform Act; the additional authority in the Federal Aviation Act, as amended; the strong equivalent level of safety surrounding the proposed operations; andthe signific ant public benefit, including enhanced safety and cost savings associated with transitioning to UASs for aerial data collection. Accordingly, the applicant respectfully requests that the FAA grant the requested exemption without delay.

The sUAS

The Solo complies with the requirements set forth by Section 333 by its small size, weight, speed, and operational proximity to airports and densely populated areas. As a result under this exemption the Solo is not deemed airworthy by an airworthiness certificate, but rather it is deemed airworthy by the operator conducting a thorough preflight of the aircraft. This aircraft will also be registered in accordance to 14 CFR Part 47, marked in accordance to 14 CFR Part 45 Subpart C, and accompanied by a letter of

alter native marking due to the unconventional design of a quadcopter. Markings will be as large as practicable. This aircraft is of the same size, configuration, and operational capabilities of the aircraft granted in exemptions 11138, 11153, and 11157.

Aircraft Make and Model: 3D Robotics Solo Configuration: Quad copter

Aircraft Performance/Specifications:

• Ground Control Station (GCS): The aircraft will be primarily controlled through the use of a typical 2.4 GHz RC transmitter. The aircraft can also b e pre

programmed to conduct a mission through the use of a laptop or tablet via a 915 MHz telemetry link. Whenever operations are conducted in this matter, the RC

Transmitter will be able to take control of the aircraft if the need arises.

• Video Downlink: 2.4 GHz

• Lost Com: Aircraft will autonomously return to the launch location and safely

land.

• Emergency Procedure: Should the need arise t he aircraft can be commanded by the RC transmitter to safely land immediately or return and land at the launch

location.

• Power Supply: 4S 5200mAh Lithium Polymer Battery

• Dimensions: 668mm motor to motor

• Maximum Speed: 30 knots

• Normal operating speed: Less than 30 knots

• Weight without payload: 3.18lbs

• Weight with payload: 3.75lbsAircraft manual will be included as additional information to this petition for exemption.

Operator Requirements

To operate the sUAS under this exemption an operator will be required to demonstrate the ability to safely operate the UAS in a manner consi stent with how the UAS will be operated under this purposed exemption, including evasive and emergency maneuvers and maintaining appropriate distances from persons, vessels, vehicles, and structures.

Mandatory Operating Conditions

Grant of the exemption to Brandon Rapp will be subject to the following mandatory conditions for flight operations.

• Permission from land owner is required before commencing any flight.

• Operations will only occur during Visual Flight Rules Meteorological Conditions (VMC).

• Operations will not occur 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

operator.

• The sUAS will remain clear of manned aircraft and yield right of way.

• A flight test will be conducted after any major repair or alteration.

• A preflight check will be conducted before each flight to assure airworthiness.

• Aircraft will remain within Visual Line of Sight (VLOS) of the operator.

• All operations will be conducted with a Visual Obse rver (VO).

• Operations will be limited to daylight hours.

• Operations will be concluded with no less than 25% battery power remaining.

• Operations will not exceed 400ft AGL.

• Operations will not occur within 5nm of any airport unless a letter of agreement

with that airport’s management is obtained.

• Operations will take place under a COA.

• Operator will file a NOTAM for each flight.• 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.

• All non

- participants will keep 500ft away from operations unless there are adequate barriers to protect them.

• All operations will be conducted according to the manufacturer’s manuals.

• All docu ments that will be kept at the GCS include but are not limited to; the aircraft manuals, maintenance logs, aircraft registration, grant of exemption, and

COA.

Public Interest

Consistent with the requirements of 14 C.F.R. §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 this exemption allowing commercial operations of sUAS for aerial data collection benefits the publ ic 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 compl etion 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 aerial remote sensing methods, namely, full size helicopters. Reducing human exposure to death or serious injury associated with manned aircraft performing these tasks furthers the public’s

interest.

• Petitioner's sUASs are battery powered and create no emissions. If Petitioner's

sUAS crashes, there is no fuel to ignite and explode. Any impact of Petitioner's lightweight sUASs is far less than a full size manned aircraft. The public's interest is furthered by minimizing ecological impact of an accident and by reducing human exposure to potentially harmful emissions associated with manned aircraft.

• Remote sensing is as valuable tool for mapping, real estate, insurance evaluations, and industrial inspection. However, problems with safety, cost, statistical integrity, and logistics continu e to impede remote sensing from conventional manned aircraft. The use of sUAS addresses these problems and is a powerful tool for performing a wide

- range of remote sensing applications. The public as a wholewill benefit from the safer and more cost

- effect ive remote sensing services that sUAS operations provide.

Privacy

All flights will occur over property with the landowner’s prior consent.

Conclusion

Brandon Rapp seeks an exemption from the FARs set forth above and in Appendix A to

allow commercial o perations of a sUAS conducting aerial data collection with a focus in the real estate industry.

Approval of this exemption allowing commercial operations of the Solo for aerial data collection will enhance safety by reducing risk. Conventional remote sens ing operations, using turbine or piston

- powered aircraft present risks associated with vehicles that can weigh 5,000 to 7,000 lbs., or more, carry large quantities of fuel, passengers, and, in some cases, cargo. In contrast, a Solo weighing less than 4 lbs . and powered by batteries eliminates a portion of that risk given the reduced mass and lack of combustible fuel carried on board. The Solo will carry no passengers or crew and, therefore, will not expose any individuals to the risks associated with manned aircraft flights.

Additionally, no national security issue is raised by the grant of the requested exemptions due to all pilots being certified through the FAA.

The operation of the Solo, weighing less than 4 lbs., for remote sensing in accordance

with the strict conditions outlined above, will provide an equivalent level of safety supporting the grant of the exemptions requested herein.

The Solo’s satisfaction of the criteria set forth in Section 333 of the Reform Act

— size, weight, speed, operating cap abilities, lack of proximity to airports and populated areas, operation within visual line of sight, and national security

— and its showing of an equivalent level of safety provides more than adequate justification for the grant of the requested exemptions allowing commercial operation of the Solo in the aerial data

collection business.

Best Regards,

Brandon RappAPPENDIX A: EXEMPTION REQUEST AND EQUIVALENT LEVEL OF SAFETY

SHOWINGS UNDER APPLICABLE RULES SUBJECT TO EXEMPTION

Brandon Rapp requests an exemption from the following regulations, all of which have been granted by every approved Section 333 exemption at the time of this submission.

14 C.F.R. § 61.113 Private pilot privileges and limitations: Pilot in command.

The regulation provides that n o person that holds a private pilot certificate may act as pilot in command of an aircraft for compensation or hire. Subparagraph (b) allows a private pilot to 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.

Equivalent Level of Safety Currently, there are no applicable areas identified for sUAS in either the private o r commercial sector and therefore an exemption is required to conduct commercial operations. As flight operations will be conducted in a restricted environment as described in the operations section, these strict guidelines will achieve an equivalent level of safety for each individual flight especially when compared to commercial flights identified in Part 61 when originally developed.

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

Petitioner seeks an exemption from 14 C.F.R. § 91.7(a), which requires that a civil aircraft be in 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 Lev el of Safety Given the size of the Solo and the preflight procedures including the review of maintenance logs and preflight check lists, an equivalent level of safety will be provided to assure the aircraft is in an airworthy condition.

14 C.F.R. § 91.119 (c): Minimum Safe Altitudes

Petitioner requests an exemption from the minimum safe altitude requirements of 14 C.F.R. § 91.119(c) which states that aircraft may not operate closer than 500 feet above the surface and away from any person, vessel, vehicle, or structure in non

- congested

areas.

To provide the intended operations, the sUAS is operated below 400 feet AGL.Equivalent Level of Safety Compared to flight operations with rotorcraft weighing far more than the 4 pounds proposed herein, and given the lack of flammable fuel, any risk associated with these operations is far less than those that presently exist with conventional aircraft. An equivalent level of safety will be achieved given the size, weight, and speed of the UAS,

as well as the location w here it is operated. As set forth in the operations section of this exemption, the sUAS will be operated away from densely populated areas and at least 5nm away from airports (unless a letter of agreement from the airport’s management is obtained), where b uildings and people will not be exposed to operations without their

pre

- obtained consent. Because of the advance notice to the property owners and participants, all affected individuals will be well aware of the planned flight operations.

14 C.F.R. § 91.1 21: Altimeter Settings

This petition seeks an exemption from 14 C.F.R. § 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 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 the operator confirming the altitude of the launch site shown on the GPS altitude indicator before flight. Moreover, the PIC will use the GPS altitude indicator to constantly monitor the sUAS's height, thus ensuring operation at safe altitudes.

14 C.F.R. § 91.151(a)(1): Fuel Requirements for Flight in VFR Conditions

Petitioner requests an exemption from 14 C.F.R. § 91.151(a)(1)'s fuel requirements for flight in VFR conditions during the day. Section 91.151(a)(1) states: (a) No person may begin a flight in an airplane under VFR conditions unl ess (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;

Here, the battery powering the S olo provides approximately 20 minutes of flight. To meet the 30 minutes reserve requirement in 14 C.F.R. § 91.151, sUAS flights could not be conducted. Given the limitations on the sUAS's proposed flight area and the location of its proposed operations wit hin a predetermined area, a safety margin based on a reserve amount of battery life is needed.Equivalent Level of Safety An equivalent level of safety will be achieved because the operations will be conducted

on

- site without significant transit time by the sUAS. All flights will be planned to be terminated with no less than 25% reserve battery power still available. This res triction would be more than adequate to return the sUAS safely to the ground and its planned landing zone from anywhere in its limited operating area even in the event of an unexpected occurrence. Operation of the sUAS with less than 30 minutes of reserve fuel does not include the type of risks that Section 91.151(a)(1) was intended to alleviate given the size and speed of the small UAS, and the proximity of the flight operation to the landing zone.

14 C.F.R. § 91.405(a), 91.407(a)(1), 91.409(a)(2); 91.417 (a) and (b): Maintenance Inspections

Petitioner also seeks an exemption from the maintenance inspection requirements contained in 14 C.F.R. § 91.405(a), 91.407(a)(1), 91.409(a)(2); 91.417(a) and (b). These regulations specify maintenance and inspection st andards in reference to 14 C.F.R. Part 43. See, e.g., 14 C.F.R. § 91.405(a) (stating that each owner or operator of an aircraft "[s]hall have the aircraft inspected as prescribed in subpart E of this part and shall between required inspections ...have discre pancies repaired as prescribed in part 43 of this chapter"). An exemption to these regulations is needed because Part 43 and these sections only apply to aircraft with an airworthiness certificate, which the sUAS will not

have. Equivalent Level of Safety An equivalent level of safety will be achieved because the operator will ensure that the sUAS is in working order prior to initiating flight by following the preflight checklist, perform required maintenance, and keep a log of any maintenance performed. Th e operator is the person most familiar with the aircraft and best suited to maintain the aircraft in an airworthy condition.A PP END I X B: SU M M A R Y O F BRANDON RAPP'S SECT IO N 333

EXE M PT IO N RE Q UEST

Brandon Rapp he r eby p r ovides pu r suant t o Part 11 a su mm a r y of i t s exe m p t ion applica t ion t o all o w co mm e r cial ope r a t ion of t he Solo un m anned ai r c r a f t in aerial data

collection. An exe m p t ion is r e q ues t ed fr om t he f ollowing r e g ula t ions:

14 C.F.R. 61.113(a)&(b); 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)(1); 14 C.F.R. 91.405(a); 14 C.F.R. 91.407(a) (1); 14 C.F.R. 91.409(a) (2); 14 C.F.R. 91.417(a)&(b).