May 11, 2015

Exemption No. 11519

Regulatory Docket No. FAA–2015–0329

Mr. Michael Cook 

M2 Flight Solutions, LLC 

2690 Bald Eagle Ct. #A

North Pole, AK 99705

Dear Mr. Cook:

This letter is to inform you that we have granted your request for exemption. It transmits our 

decision, explains its basis, and gives you the conditions and limitations of the exemption, 

including the date it ends.

By letter dated February 9, 2015, you petitioned the Federal Aviation Administration (FAA) 

on behalf of M2 Flight Solutions, LLC (hereinafter petitioner or operator) for an exemption. 

The petitioner requested to operate an unmanned aircraft system (UAS) to conduct aerial 

photogrammetry for the purpose of 3d reconstructions.

See Appendix A for the petition submitted to the FAA describing the proposed operations and 

the regulations that the petitioner seeks an exemption.

The FAA has determined that good cause exists for not publishing a summary of the petition 

in the Federal Register because the requested exemption would not set a precedent, and any 

delay in acting on this petition would be detrimental to the petitioner.

Airworthiness Certification

The UAS proposed by the petitioner is a Skywalker Aero.

In accordance with the statutory criteria provided in Section 333 of Public Law 112−95 in 

reference to 49 U.S.C. § 44704, and in consideration of the size, weight, speed, and limited 

operating area associated with the aircraft and its operation, the Secretary of Transportation 

has determined that this aircraft meets the conditions of Section 333. Therefore, the FAA 
2

finds that relief from 14 CFR part 21, Certification procedures for products and parts, 

Subpart H—Airworthiness Certificates, and any associated noise certification and testing 

requirements of part 36, is not necessary.

The Basis for Our Decision

You have requested to use a UAS for aerial data collection1. The FAA has issued grants of 

exemption in circumstances similar in all material respects to those presented in your petition. 

In Grants of Exemption Nos. 11062 to Astraeus Aerial (see Docket No. FAA−2014−0352), 

11109 to Clayco, Inc. (see Docket No. FAA−2014−0507), 11112 to VDOS Global, LLC (see

Docket No. FAA−2014−0382), and 11213 to Aeryon Labs, Inc. (see Docket No. 

FAA−2014−0642), the FAA found that the enhanced safety achieved using an unmanned 

aircraft (UA) with the specifications described by the petitioner and carrying no passengers or 

crew, rather than a manned aircraft of significantly greater proportions, carrying crew in 

addition to flammable fuel, gives the FAA good cause to find that the UAS operation enabled 

by this exemption is in the public interest.

Having reviewed your reasons for requesting an exemption, I find that—

• They are similar in all material respects to relief previously requested in Grant of 

Exemption Nos. 11062, 11109, 11112, and 11213;

• The reasons stated by the FAA for granting Exemption Nos. 11062, 11109, 11112, and 

11213 also apply to the situation you present; and 

• A grant of exemption is in the public interest.

Our Decision

In consideration of the foregoing, I find that a grant of exemption is in the public interest. 

Therefore, pursuant to the authority contained in 49 U.S.C. 106(f), 40113, and 44701, 

delegated to me by the Administrator, M2 Flight Solutions, LLC is granted an exemption 

from 14 CFR §§ 61.23(a) and (c), 61.101(e)(4) and (5), 61.113(a), 61.315(a), 91.7(a), 

91.119(c), 91.121, 91.151(a)(1), 91.405(a), 91.407(a)(1), 91.409(a)(1) and (2), and 91.417(a) 

and (b), to the extent necessary to allow the petitioner to operate a UAS to perform aerial data 

collection. This exemption is subject to the conditions and limitations listed below.

Conditions and Limitations

In this grant of exemption, M2 Flight Solutions, LLC is hereafter referred to as the operator.

 

1 Aerial data collection includes any remote sensing and measuring by an instrument(s) aboard the UA. 

Examples include imagery (photography, video, infrared, etc.), electronic measurement (precision surveying, RF 

analysis, etc.), chemical measurement (particulate measurement, etc.), or any other gathering of data by 

instruments aboard the UA.
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Failure to comply with any of the conditions and limitations of this grant of exemption will be 

grounds for the immediate suspension or rescission of this exemption.

1. Operations authorized by this grant of exemption are limited to the Skywalker Aero 

when weighing less than 55 pounds including payload. Proposed operations of any 

other aircraft will require a new petition or a petition to amend this exemption.

2. Operations for the purpose of closed-set motion picture and television filming are 

not permitted. 

3. The UA may not be operated at a speed exceeding 87 knots (100 miles per hour). The 

exemption holder may use either groundspeed or calibrated airspeed to determine 

compliance with the 87 knot speed restriction. In no case will the UA be operated at 

airspeeds greater than the maximum UA operating airspeed recommended by the 

aircraft manufacturer.

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

(AGL). Altitude must be reported in feet AGL.

5. The UA 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 or 

U.S. driver’s license.

6. All operations must utilize a visual observer (VO). The UA must be operated within 

the visual line of sight (VLOS) of the PIC and VO at all times. The VO may be used 

to satisfy the VLOS requirement as long as the PIC always maintains VLOS 

capability. The VO 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 VO can perform the duties 

required of the VO.

7. This exemption and all documents needed to operate the UAS and conduct its 

operations in accordance with the conditions and limitations stated in this grant of 

exemption, are hereinafter referred to as the operating documents. The operating 

documents must be accessible during UAS operations and made available to the 

Administrator upon request. If a discrepancy exists between the conditions and 

limitations in this exemption and the procedures outlined in the operating documents, 

the conditions and limitations herein 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 or any law enforcement official upon request. The 
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operator must also present updated and revised documents if it petitions for extension 

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

or revision would affect the basis upon which the FAA granted this exemption, then 

the operator must petition for an 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.

8. 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 prior to conducting further operations under this exemption. 

Functional test flights may only be conducted by a PIC with a VO and must remain at 

least 500 feet from other people. The functional test flight must be conducted in such 

a manner so as to not pose an undue hazard to persons and property.

9. The operator is responsible for maintaining and inspecting the UAS to ensure that it is 

in a condition for safe operation.

10. Prior to each flight, the PIC must conduct a pre-flight inspection and determine the 

UAS is in a condition for safe flight. The pre-flight inspection must account for all 

potential discrepancies, e.g., inoperable components, items, or equipment. 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.

11. The operator must follow the UAS manufacturer’s maintenance, overhaul, 

replacement, inspection, and life limit requirements for the aircraft and 

aircraft components.

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

safety bulletins.

13. Under this grant of exemption, a PIC must hold either an airline transport, 

commercial, private, recreational, or sport pilot certificate. The PIC must also hold a 

current FAA airman medical certificate or a valid U.S. driver’s license issued by a 

state, the District of Columbia, Puerto Rico, a territory, a possession, or the Federal 

government. The PIC must also meet the flight review requirements specified in 

14 CFR § 61.56 in an aircraft in which the PIC is rated on his or her pilot certificate.

14. The operator may not permit any PIC to operate unless the PIC demonstrates the 

ability to safely operate the UAS in a manner consistent with how the UAS will be 

operated under this exemption, including evasive and emergency maneuvers and 

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

qualification flight hours and currency must be logged in a manner consistent with 

14 CFR § 61.51(b). Flights for the purposes of training the operator’s PICs and VOs 
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(training, proficiency, and experience-building) and determining the PIC’s ability to 

safely operate the UAS in a manner consistent with how the UAS will be operated 

under this exemption are permitted under the terms of this 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 CFR § 91.119.

15. UAS operations may not be conducted during night, as defined in 14 CFR § 1.1. All 

operations must be conducted under visual meteorological conditions (VMC). Flights 

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

16. The UA may not operate within 5 nautical miles of an airport reference point (ARP) as 

denoted in the current FAA Airport/Facility Directory (AFD) or for airports not 

denoted with an ARP, the center of the airport symbol as denoted on the current 

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

management is obtained or otherwise permitted by a COA issued to the exemption 

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

to the Administrator or any law enforcement official upon request.

17. 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.

18. If the UAS loses communications or loses its GPS signal, the UA must return to a 

pre-determined location within the private or controlled-access property.

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

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

weather conditions) there is enough available power for the UA to conduct the 

intended operation and to operate after that for at least five minutes or with the reserve 

power recommended by the manufacturer if greater.

21. Air Traffic Organization (ATO) Certificate of Waiver or Authorization (COA). All 

operations shall be conducted in accordance with an ATO-issued COA. The 

exemption holder may apply for a new or amended COA if it intends to conduct 

operations that cannot be conducted under the terms of the attached COA.

22. All aircraft operated in accordance with this exemption must be identified by serial 

number, registered in accordance with 14 CFR part 47, and have identification 

(N−Number) markings in accordance with 14 CFR part 45, Subpart C. Markings must 

be as large as practicable.
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23. Documents used by the operator to ensure the safe operation and flight of the UAS and 

any documents required under 14 CFR §§ 91.9 and 91.203 must be available to the 

PIC at the Ground Control Station of the UAS any time the aircraft is operating. 

These documents must be made available to the Administrator or any law enforcement 

official upon request.

24. The UA must remain clear and give way to all manned aviation operations and 

activities at all times. 

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

26. All Flight operations must be conducted at least 500 feet from all nonparticipating 

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 in a manner ensuring the safety 

of nonparticipating persons; and

b. The owner/controller of any vessels, vehicles or structures has granted permission 

for operating closer to those objects 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.

The PIC, VO, operator trainees or essential persons are not considered 

nonparticipating persons under this exemption.

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

permission from the property owner/controller or authorized representative. 

Permission from property owner/controller or authorized representative will be 

obtained for each flight to be conducted.

28. 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.

If this exemption permits operations for the purpose of closed-set motion picture and 

television filming and production, the following additional conditions and limitations apply.

29. The operator must have a motion picture and television operations manual (MPTOM) 

as documented in this grant of exemption.
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30. At least 3 days before aerial filming, the operator of the UAS affected by this 

exemption must submit a written Plan of Activities to the local Flight Standards 

District Office (FSDO) with jurisdiction over the area of proposed filming. The 3-day 

notification may be waived with the concurrence of the FSDO. The plan of activities 

must include at least the following:

a. Dates and times for all flights;

b. Name and phone number of the operator for the UAS aerial filming conducted 

under this grant of exemption;

c. Name and phone number of the person responsible for the on-scene operation of 

the UAS;

d. Make, model, and serial or N−Number of UAS to be used;

e. Name and certificate number of UAS PICs involved in the aerial filming;

f. A statement that the operator has obtained permission from property owners 

and/or local officials to conduct the filming production event; the list of those 

who gave permission must be made available to the inspector upon request;

g. Signature of exemption holder or representative; and

h. A description of the flight activity, including maps or diagrams of any area, city, 

town, county, and/or state over which filming will be conducted and the altitudes 

essential to accomplish the operation.

31. Flight operations may be conducted closer than 500 feet from participating persons 

consenting to be involved and necessary for the filming production, as specified in the 

exemption holder’s MPTOM.

Unless otherwise specified in this grant of exemption, the UAS, the UAS PIC, and the UAS 

operations must comply with all applicable parts of 14 CFR including, but not limited to, 

parts 45, 47, 61, and 91.

This exemption terminates on May 31, 2017, unless sooner superseded or rescinded.

Sincerely,

/s/

John S. Duncan

Director, Flight Standards Service

Enclosures
February 9, 2015

U.S. Department of Transportation

Docket Management System

1200 New Jersey Ave., SE

Washington, DC 20590

Re: Request for Summary Grant of Exemption Under Section 333 of the FAA Reform 

Act and Part 11 of the Federal Aviation Regulations

Dear Madam/Sir,

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

Reform Act) and 14 C.F.R. Part 11, M2 Flight Solutions LLC, developer and operator of 

Small Unmanned Aircraft Systems (“sUASs”) equipped to conduct aerial photogramatry 

for the purpose of 3d reconstructions, hereby applies for an exemption from the listed 

Federal Aviation Regulations (“FARs”) to allow commercial operation of its sUASs, so 

long as such operations are conducted within and under the conditions outlined herein or 

as may be established by the FAA as required by Section 333.1 

As described more fully below, the requested exemption would permit the 

operation of small, unmanned and relatively inexpensive sUAS under controlled 

conditions in airspace that is 1) limited 2) predetermined 3) controlled as to access and 

4) would provide safety enhancements to the already safe operations in the Oil and Gas 

industry presently using conventional aircraft. Approval of this exemption would thereby 

enhance safety and fulfill the Secretary of Transportation’s (the FAA Administrator’s) 

responsibilities to “...establish requirements for the safe operation of such aircraft 

systems in the national airspace system.” Section 333(c) of the Reform Act. 

The name and address of the applicant is: 

M2 Flight Solutions, LLC 

Attn: Michael Cook 

Ph:907-987-0900 

Email: mike@m2flightsolutions.com 

Address: 2690 Bald Eagle Ct. #A North Pole, AK 99705

Regulations from which the exemption is requested: 

14 CFR Part 21 

14 C.F.R. 45.23(b) 

14 CFR 61.113(a) & (b) 

14 C.F.R. 91.7 (a) 

14 CFR 91.9 (b) (2) 

14 C.F.R. 91.103 

14 C.F.R. 91.109 

14 C.F. R. 91.119 
14 C.F.R. 91.121 

14 CFR 91.151 (a) 

14 CFR 91.203 (a) & (b) 

14 CFR 91.405 (a) 

14 CFR 407 (a) (1) 

14 CFR 409 (a) (2) 

14 CFR 417 (a) & (b) 

This exemption application is expressly submitted to fulfill Congress’ goal in 

passing Section 333(a) through (c) of the Reform Act. This law directs the Secretary of 

Transportation to consider whether certain unmanned aircraft systems may operate 

safely in the national airspace system (NAS) before completion of the rulemaking 

required under Section 332 of the Reform Act. In making this determination, the 

Secretary 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. 

Reform Act § 333 (a). Lastly, if the Secretary determines that such vehicles “may 

operate safely in the national airspace system, the Secretary shall establish 

requirements for the safe operation of such aircraft in the national airspace system.” Id. 

§333(c) (emphasis added)2. 

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

exemptions. This statutory authority by its terms includes exempting civil aircraft, as the 

term is defined under §40101 of the Act, which includes sUASs, from the requirement 

that all civil aircraft must have a current airworthiness certificate. 

The requested exemption would authorize commercial operations using the 

Skywalker Aero for mapping and survey applications as well as a monthly mission to 

map out an open pit mining for gold located in Fairbanks, Alaska. These operations will 

be subject to strict operating requirements defined in the Aero user manual in order to 

ensure at least an equivalent level of safety to currently authorized operations using 

manned aircrafts.

The Aero will be operated by an individual who fulfill the following requirements:

 Ha s s ucce s sfully pa s s e d a ma nufa cture r’s tra ining program for the Aero; as well as 

pass flight requirements put forth by M2 Flight Solutions.

 Has at a minimum, a Ground School Certification and a third/first class medical 

certificate.

1. CHARACTERISTICS OF THE AIRCRAFT

The Aero is a small (37.8 inches wingspan) and ultra-light (maximum take-off 

weight of 6.8 lbs, platform made of molded foam that performs pre-programmed 

precision aerial mapping missions thanks to the on-board GPS and the related flight 

management software (Ardupilot) that allows the operator to plan safely and efficiently a 

mission in 3D, and then monitor it in real-time.
Thanks to the embedded camera, the Aero takes a collection of high-definition still 

images/videos that are used later to generate maps and contour lines of the surveyed 

area. The four main characteristics of the Aero are:

a. Very light weight

The Aero is so light that the operator can launch it by hand and let it land on almost any 

surface without requiring a parachute or landing net (belly land). Its low impact energy 

(38 J in case of a controlled emergency landing) also significantly reduces the risk of 

hazardous situations. Finally, the wings of the Aero are detachable and made of flexible 

foam with no sharp or hard edges and almost no internal strengthening structure.

b. Electric-powered

The Aero is electric powered. One brushless engine technology makes it silent and 

reliable. The propeller is attached with a lock tight nut to the base of the motor and is 

made of plastic so that it can easily break away in case of contact with any object.

c. Semi-automatic flight

The artificial intelligence incorporated within the Pixhawk autopilot system continuously 

analyzes data from the Inertial Measurement Unit (IMU) and from the onboard GPS and 

takes care of all the aspects of the flight under the supervision of the operator.

d. Option for Manual control

Additionally, the Aero provides an override capability that allows the operator to take 

manual actions during the flight (Go to Home, Go Land, Hold and Resume the mission) 

and also suspend automated operations and take manual control of the aircraft should it 

become necessary to respond emergent circumstances, thanks to the remote controller 

provided with the system.

2. APPLICATIONS

M2 Flight Solutions intends to use the Aero to conduct imaging flights for the purpose of 

precision mining and land survey, and open mining pit mapping. The aircraft will be used 

over controlled access property and only be used to image property for which we have 

been contracted by the landowner to do so. Images will be used to increase mining

production, identify environmental land issues and allow for land use planning.

3. APPLICABLE LEGAL STANDARD UNDER SECTION 333

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

described in the operating documents which is a fixed-wing aircraft weighing 

approximately 6.8 pounds: Aero. Proposed operations of any other aircraft will require a 

new petition or a petition to amend this grant.

2. The UA may not be flown at an indicated airspeed exceeding 40 knots.

3. 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. All altitudes

reported to ATC must be in feet AGL.

4. The UA 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.
5. All operations must utilize a visual observer (VO). The VO may be used to satisfy the

VLOS requirement as long as the PIC always maintains VLOS capability. The VO and

PIC must be able to communicate verbally at all times. The PIC must be designated 

before the, the PIC must ensure that the VO can perform the functions prescribed in the 

operating documents.

6. The operating documents and this grant of exemption must be maintained and made 

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

conditions and limitations in this exemption and the procedures outlined in the operating 

documents, the conditions and limitations herein 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 this grant of 

exemption. If the operator determines that any update or revision would affect the basis 

upon which the FAA granted this 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.

7. Prior to each flight the PIC will inspect the UAS to ensure 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 and proper 

documentation in the maintenance handbook is complete. The Ground Control Station 

must be included in the preflight inspection. 

8. Any UAS 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.

9. The pre-flight inspection section in the operating documents must account for all 

discrepancies, i.e. inoperable components, items, or equipment, not already covered in 

the relevant sections of the operating documents.

10. The operator must follow the UAS aircraft/component, maintenance, overhaul, 

replacement, inspection, and life limit requirements.

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

requirements, in accordance with the operating documents. Maintenance, inspection, 

and alterations must be noted in the aircraft records, including total flight hours, 

description of work accomplished, and the signature of the PIC returning the UAS to 

service.

12. Each UAS operated under this exemption must comply with all manufacturer System 

and Safety Bulletins.
13. The PIC must make an entry in the aircraft record of the corrective action taken 

against discrepancies discovered between inspections.

14. A record of training must be documented and made available upon request by the 

Administrator. Flights for the purposes of training the operator’s PICs and VOs (training, 

proficiency, and experience-building), are permitted under the terms of this exemption. 

However, said training operations may only be conducted during dedicated training 

sessions.

15. UAS operations may not be conducted during night, as defined in 14 CFR 1.1. All 

operations must be conducted under visual meteorological conditions (VMC). 

16. The UA may not operate within 5 nautical miles of the airport reference point as 

denoted on a current FAA-published aeronautical chart.

17. 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.

18. 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.

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

accordance with the operating documents.

22. 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 30% battery power remaining.

23. The operator must obtain an Air Traffic Organization (ATO) issued Certificate of 

Waiver or Authorization (COA) prior to conducting any operations under this 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.

24. 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.

25. The documents required under 14 CFR 91.9 and 91.203 must be available to the 

PIC at the Ground Control Station of the UAS any time the aircraft is operating. These 

documents must be made available to the Administrator or any law enforcement official 

upon request.

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

operations and activities at all times.

29. The UA may not be operated over congested or densely populated areas.

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

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 land 

owner/controller 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

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

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

31. 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.

32. 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. Unless otherwise specified in this grant of 

exemption, the UAS, the UAS PIC, and the UAS operations must comply with all 

applicable parts of 14 CFR including, but not limited to, parts 45, 47, 61, and 91.

c. Operator Requirements

The Pilot-In-Command of the Aero will hold, at a minimum, a ground school Certificate

and a third class medical certificate.

3. CONCLUSION

Myself the CEO Michael Cook has a very large amount of experience in the UAS field, I 

have listed below references to the work that I have done in the past and the people I 

have worked for to gain this knowledge. I hold three different certifications in UAV 

systems, as well as help in the past to set up the test site for the University of Alaska 

Fairbanks. I have well over 8 years of UAV experience and have conducted UAV flight 

operations with ZERO incidents or accident. This request is designed to follow up on 

previous efforts by the Federal Aviation Administration to determine equivalent levels of 

safety for UAS operations. By requesting a summary grant of exemption we hope to 

achieve expedited approval for UAS operations to the public’s benefit.

http://www.adn.com/article/20140505/fairbanks-alaska-drone-program-gets-ground

http://www.newsminer.com/news/localnews/drone-test-site-officially-opens-atuaf/article371af416-d4f3-11e3-b978-0017a43b2370.html
Yours sincerely,

Michael Cook

CEO

M2 Flight Solutions

ANNEX A: EXEMPTION REQUEST AND EQUIVALENT LEVEL OF SAFETY

SHOWINGS UNDER APPLICABLE RULES SUBJECT TO EXEMPTION

M2 Flight Solutions requests an exemption from the following regulations as well as any 

additional regulations that may technically apply to the operation of the Aero fixedwinged UAV:

14 CFR 61.133: Commercial pilot privileges and limitations. 

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. To obtain a 

commercial pilot certificate a candidate must demonstrate a level of aeronautical 

knowledge and aircraft handling beyond what is required to operate a UAS. Our 

proposed operations would require that a Pilot-In-Command have the aeronautical 

knowledge and aircraft handling skills currently required to obtain a private pilot 

certificate. Given the lack of passengers or cargo on board the UAS, controlled access 

operations area we operate in and the simplicity of the UAS we believe that an 

equivalent level of safety can be achieved by requiring the pilot in command hold, at a 

minimum, a ground school certificate and a third/first class medical certificate.

14 CFR 91.7(a): Civil aircraft airworthiness

This regulation requires that no person may operate a civil aircraft unless it is in 

airworthy condition. Should the exemption be granted allowing commercial operation of 

the Aero UAV without an airworthiness certificate, no standard will exist for airworthiness 

of the Aero. An equivalent level of safety will be achieved by insuring compliance with 

the Aero manuals prior to each flight.

14 CFR 91.119: Minimum Safe Altitudes

The regulation provides that over sparsely populated areas the aircraft cannot be 

operated closer than 500 feet to any person, vessel, vehicle, or structure. Since the 

aircraft will be operating at a maximum of 400 feet AGL, the Aero cannot comply with 

this requirement. The equivalent level of safety will be achieved because the Aero will 

only fly over private property with the permission of the landowner. The operator will 

define before every flight a working area radius and a flight area ceiling, preventing the 

Aero to go beyond the flight area. The landowner and the persons who may be on the 

ground in the flight area will be briefed of the expected route of flight and the associated 
risks to persons and property on the ground. Due to the small size of the Aero and the 

material with which the Aero is built of, the hazard to persons, vessels, vehicles, and 

structures is not comparable by far to manned aircraft and should be considered in

granting the exemption. Moreover, the aircraft will not be operated over congested areas

nor over any open-air assembly of persons. The aircraft will be operated at an altitude 

allowing, if a power unit fails, an emergency landing without undue hazard to persons or 

property on the surface.

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

The regulation provides that no person may begin a flight in an airplane under 

day-VFR conditions unless there is enough fuel to fly to the first point of intended landing 

and to fly after that for at least 30 minutes. Given the area of operation for the Aero, M2 

Flight Solutions believes that an equivalent level of safety is already achieved with the 

specific procedure preventing the Aero to accept a takeoff order if the battery level is 

below a given value. Moreover, 3D Robotics has integrated “low” and “critical” battery 

level warnings and implemented a “return to Home” (and “Go Land”) actions in these 

situations to the ground station preventing any hazards of the craft to continue to fly. 

14 CFR Subpart E (91.401 - 91.417) - Maintenance, Preventive Maintenance, and

Alterations

The regulation provides that the operator is primarily responsible for maintaining 

the aircraft in an airworthy condition, including compliance with Parts 39 and 43. 

Paragraphs 91.407 and 91.409 require that the aircraft be "approved for return to service 

by a person authorized under 43.7" after maintenance and inspection. Section 

91.409(a)(2) requires an annual inspection for the issuance of an airworthiness 

certificate. Section 91.417(a) requires the owner or operator to keep records showing 

certain maintenance work that has been accomplished by certificated mechanics, under

Part 43, or licensed pilots and records of approval of the aircraft for return to service. M2 

Flight Solutions proposes that the maintenance of the Aero will be accomplished by the

owner/operator according to the maintenance manual, provided by 3D Robotics. An 

equivalent level of safety will be achieved because the Aero is small in size, it is not a

complex mechanical device, it will carry no external payload, and it will operate only in 

restricted predetermined areas. Moreover, the operator is the person most familiar with 

the aircraft and is best suited to maintain the aircraft in an airworthy condition and to 

ensure an equivalent level of safety. Finally, before every flight, the Aero runs 

automatically a sequence of pre-flight tests to make sure that every sensor and every 

critical part is running properly. If a problem is detected, the Aero will not be able to be 

switched-on and a message error is displayed on the main screen of the flight 

management software. The operator can then refer to the maintenance manual to

troubleshoot this issue. Several parts of the Aero are easily interchangeable (propellers, 

Legs antenna), which allows the operator to make sure the landing gear and propulsion 

system are always airworthy when a mission is initiated.