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”) listed 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 collection 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 requirements 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 the 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 of 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 confidence 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 (the 
FAA 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

Email: 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 light 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; and 
the significant 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 

alternative 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 be preprogrammed 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 the 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: 3.75lbs
Aircraft 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 consistent 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 Observer (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 documents 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 public as a whole in the following ways:

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

Act, namely, the FAA Administrator's assessment of whether certain UAS may 

operate safely in the National Airspace System before completion of the 

rulemaking required under Section 332 of the Reform Act.

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

exposure to danger associated with current 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 continue 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 whole 
will benefit from the safer and more cost-effective 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 operations 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 sensing 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 capabilities, 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 Rapp
APPENDIX 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 no 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 or 

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 Level 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 where 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 buildings 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. § 91.121: 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 unless (considering 

wind and forecast weather conditions) there is enough fuel to fly to the first point of 

intended landing and, assuming normal cruising speed –

(1) During the day, to fly after that for at least 30 minutes;

Here, the battery powering the Solo 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 within 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 restriction 

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 standards 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 discrepancies 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. The 

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

aircraft in an airworthy condition.
APPENDIX B: SUMMARY OF BRANDON RAPP'S SECTION 333

EXEMPTION REQUEST

Brandon Rapp hereby provides pursuant to Part 11 a summary of its exemption 

application to allow commercial operation of the Solo unmanned aircraft in aerial data 

collection. An exemption is requested from the following regulations:

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).