1 UNITED STATES OF AMERICA DEPARTMENT OF TRANSPORTATION FEDERAL AVIATION ADMINISTRATION

WASHINGTON, DC

Regulatory Docket No. _______________

IN THE MATTER OF THE PETITION FOR EXCEMPTION OF : CHECK SIX, LLC FOR AN EXEMPTION SEEKING RELIEF FROM THE REQUI REMENTS OF

TITLE 14 OF THE CODE OF FEDERAL REGULATIONS 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) CONCERNING COMMERCIAL OPERATION OF 3D ROBOTICS SOLO AND DJI PHANTOM 3 UNMANNED AIRCRAFT SYSTEMS PURSUANT TO SECTION 333 OF THE FAA MODERNIZATION AND REFORM ACT OF 2012 (PUBLIC LAW 112
- 95)

Submitted on October 7 , 2015 Jeffrey A. Landreth Managing Member Check Six, LLC 15 Beach Dr. East Miramar Beach, FL 32550 Tel: ( 850 )

- 2 31

- 7896 F ax: ( 850 )

- 231

- 7896 jlandreth@laflorida.com2 TABLE OF CONTENTS Page GLOSSARY OF ABBREVIA TIONS

................................ ................................ ............................... 3 SUMMARY

................................ ................................ ................................ ................................ ....... 4 INTRODUCTION AND INT ERESTS OF THE PETITI ONER

................................ ....................... 4 BACKGROUND

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

................................ ................................ ................................ .................... 5 NAME AND ADDRESS OF THE PETITIONER.

................................ ................................ ....... 7 THE SPECIFIC SECTION S OF 14 C.F.R. FROM WHICH CHECK SIX, LLC SEEKS EXE MPTION

................................ ................................ ................................ ................................ . 8 THE EXTENT OF RELIEF CHECK SIX, LLC SEEKS AND THE REASON CHECK SIX, LLC SEEKS THE RELIEF

................................ ................................ ................................ .......... 11 THE REASONS WHY GRAN TING CHECK SIX, LLC REQUEST WOU LD BE IN THE PUBLIC INTEREST;

................................ ................................ ................................ ................... 15 THE REASONS WHY GRAN TING THE EXEMPTION W OULD NOT ADVERSELY AFFECT SAFETY

................................ ................................ ................................ ....................... 18 A S UMMARY THAT CAN BE P UBLISHED IN THE FEDE RAL REGISTER, STATIN G: THE RULES FROM WHICH CHECK SIX, LLC SEEKS EXEMPTION

................................ . 33 ANY ADDITIONAL INFOR MATION, VIEWS, OR AR GUMENTS AVAILABLE TO SUPPORT CHECK S IX, LLC’S REQUEST

................................ ................................ .............. 34 CONCLUSION

................................ ................................ ................................ ................................ 343 GLOSSARY OF ABBREVIATIONS

AGL Above Ground Level AOI Area of Interest ATC Air Traffic Control ATO Air Traffic Or ganization 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 Modernizatio n and Reform Act of 2012 (FMRA) SOP Standard Operating Procedures UA Unmanned Aircraft UAS Unmanned Aircraft System VFR Visua l Flight Rules VLOS Visual Line of Site VMC Visual Meteorological Conditions VO Visual Observer VTOL Vertical Takeoff and Landing4 SUMMARY

Check Six , LLC 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 pursuant to Section 333 of the FAA Modernization and Reform Act of 2012 (FMRA). This exemption will permit Check Six, LLC to operate an
U nmanned Aircraft System (UAS) for the commercial purpose of conducting aerial video and photography of construction sites, real estate, landscape s , waterscapes, and events over certain
areas of the United States.

INTRODUCTION AND INTERESTS OF THE PETITION ER

The principals of Check Six , LLC collectively have o ver 50 years of experience providing
customers and clients with real estate consulting, marketing, and sales expertise with Managing Member, Jeffrey A. Landreth holding a commercial pilot certificate a nd a former Air Force F

- 15C Instructor and Evaluation pilot. The objective of Check Six , LLC ’s aerial operations is to provide

a more affordable , high

- quality production system for a variety of commercial, public, and residential uses, specifically target ing

• Real estate marketing

• Real estate site

- surveys

• Construction sites before, during and after

• Inspections of public and private structures

• Special event coverage
BACKGROUND
Unmanned Aircraft Systems: 3D Robotics Solo and DJI Phantom 3 UAS s5

Check Six , LLC seeks an exemption to operate the 3D Robotics Solo and the DJI Phantom
3 system s for compensation or hire within the NAS. Both the 3D Robotics Solo and DJI Phantom
3 are vertical takeoff and landing (VTOL) Unmanned Aircraft (UA) with a Ground Control Stati on (GCS) utilizing electronic tablet or smart phone systems. Both systems are equipped with four main rotors; driven by Lithium Polymer battery powered electric motors.

The 3D Robotics Solo has a gross weight of approximately 3.3 lb s. while having a height
of 10 .2 ” a m otor

- to

- motor dimension of 18 .1 ” and a maximum speed of approximately 48 knots

.
The DJI Phantom 3 has a gross weight of approximately 2.8 2 lb s
. w hile having a diagonal
dimension of 23.2” and a maximum speed of approximately 31 knots

.
The 3D R obotics Solo and DJI Phantom 3 that will be operated by Check Six , LLC 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, Ide ntification and Registration Marking

.
BASIS FOR PETITION
Petitioner, Check Six, LLC , 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 3D Robotics Solo and DJI Phantom 3 UAS s 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, Check Six, LLC’s operation of th e 3D Robotics Solo and DJI6

Phantom 3 UAS s meet 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, Check Six , LLC requests relief from Sections 91.40 5(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.

Check Six , LLC submits that the requested relief is proper since an equ ivalent level of safety will be ensured. Check Six , LLC will use experienced personnel or technicians to perform maintenance, alterations, or preventive maintenance on the UAS s using the methods, techniques, and practices prescribed in the operating docum ents (i.e., Monthly Maintenance Log, the 3D
Robotics Solo and DJI Phantom 3 Instruction Manual s ). Furthermore, Check Six , LLC will
document and maintain all maintenance records for the 3D Robotics Solo and DJI Phantom 3
UAS s
. Relief from certain requireme nts of Section 61.113(a) and (b), entitled Private pilot privileges and limitations: Pilot in command , is requested by Check Six , LLC to the extent necessary to allow a Pilot in Command (PIC) holding a private pil ot or higher level certificate a nd
who has demonstrated, by meeting minimum flight

- hour and currency requirements, that the PIC is able to safely operate the 3D Robotics Solo and DJI Phantom UAS s in a manner consistent with this exemption, including evasive and emergency maneuvers and maintaining a ppropriate distances from people, vessels, vehicles and structures.

Check Six , LLC seeks relief from Section 91.7(a), entitled Civil aircraft airworthiness , because the 3D Robotics Solo and DJI Phantom 3 UAS s do not require an airworthiness certificate
in accordance with 14 C.F.R. Part 21, Subpart H. As such, Check Six , LLC submits that they will7

ensure that the 3D Robotics Solo and DJI Pha ntom 3 UAS s are in an airworthy condition, prior to every flight, by determining that the UAS s are in compliance with the operating documents (i.e ., Monthly Maintenance Log, the 3D Robotics Solo and DJI Phantom 3 Instruction Manual s ), and
that the UAs are in a condition for safe flight.

Check Six , LLC also seeks an exemption from the requirements of Section 91.121, entit led Altimeter Settings , as the 3D Robotics Solo and DJI Phantom 3 UAS s will not have a typical barometric altimeter onboard. However, altitude information of the 3D Robotics Solo and DJI
Phantom 3 UAS s will be provided to the PIC via Global Positioning Sys tem (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 Check Six, LLC ’s operation of the 3D Robotics Solo and DJI Phantom 3 UAS s within visual line of sight, at or below
4 00 feet AGL, will ensure a level of safety equivalent to Section 91.121.
Additionally, Check Six , LLC seeks an exemption from the requirements of Section 91.151(b), entitled Fuel requirements for flight in V FR conditions

. Check Six , LLC submits that safety will not be affected by operation of the 3D Robotics Solo and DJI Phantom 3 UAS s 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 14 minutes to the first point of intended landing and, assuming normal cruising speed, to fly after that for at least 5 minutes

. In accordance with 14 C.F.R. § 11.81, Check Six , LLC provides the following inform ation in support of its petition for exemption:

A. Name And Address Of The Petitioner.
The name and address of the Petitioner and point of contact is:8

Jeffrey A. Landreth Managing Member Check Six, LLC 15 Beach Dr East Miramar Beach, FL 32459 850

- 231

- 7896 F

- 850.231.7836 jlandreth @ laflorida.com

B. The Specific Sections Of 14 C.F.R. From Which Check Six , LLC Seeks Exemption
. 1. Check Six , LLC 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 o r 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. Check Six , LLC Seeks Exemption From The Requirements Of Section 91.7(a).
Section 91.7, entitled Civil aircraft airworthiness , subsection (a), states the fo llowing: (a) No person may operate a civil aircraft unless it is in an airworthy condition.

3. Check Six , LLC Seeks Exemption From The Requirements Of Section 91.121.
Section 91.121, entitled Altimeter settings , subsection (a), states the following, in par t:
(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

—9 (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. Check Six , LLC 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. Check Six , LLC 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 prescr ibed in part 43 of this chapter[.]
6. Check Six , LLC 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 follow ing:
(a) No person may operate any aircraft that has undergone maintenance, preventive maintenance, rebuilding, or alteration unless

—10 (1) It has been approved for return to service by a person authorized under § 43.7 of this chapter[.]
7. Check Six , LLC Seeks Exe mption 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 t he 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 a irworthiness certificate in accordance with part 21 of this chapter.

8. Check Six , LLC 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) E xcept 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 alter ation 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 des cription (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.11 (2) Records cont aining 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 invo lves 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.

(b) The ow ner 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 Check Six , LLC Seeks And The Reason Check Six , LLC Seeks The Relief
. 1. Extent Of Relief Check Six , LLC Seeks And The Reason Check Six , LLC Seeks Relie f From Section 61.113(a) And (b).12

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 pil ot or higher level 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 compe nsation 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 fort h more fully below, Check Six , LLC submits that an equivalent level of safety will be maintained because no PIC will be allowed to operate the 3D Robotics Solo or DJI
Phantom 3 UAS s unless that PIC has met certain flight

- hour and currency requirements,
dem onstrating that the PIC is able to safely operate either the 3D Robotics Solo or DJI Phantom 3
UAS s 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, Check Six , LLC submits that all flights of the 3D Robotics Solo and DJI Phantom
3 UAS s , conducted by the PIC pursuant to the grant of this Petition: (1) will be incidental to Che ck Six, LLC’ s business; and (2) will not carry passengers or property for compensation or hire.13

2. Extent Of Relief Check Six , LLC Seeks And The Reason Check Six , LLC Seeks Relief From Section 91.7(a).
Relief from Section 91.7(a) entitled Civil aircraft a irworthiness , is requested to the extent required to allow Check Six , LLC to determine that the 3D Robotics Solo and DJI Phantom 3
UAS s are in airworthy condition prior to every flight by ensuring that the UAS s are in compliance with the operating document s (i.e., Monthly Maintenance Log, 3D Robotics Solo and DJI Phantom
3 Instruction Manual s ).

Check Six , LLC seeks the requested relief because the 3D Robotics Solo and DJI Phantom
3 UAS s do not require an airworthiness certificate in accordance with 14 C.F. R. Part 21, Subpart H. Therefore, Check Six , LLC will ensure that the 3D Robotics Solo and DJI Phantom 3 UAS s are in airworthy condition based upon its compliance with the operating documents (i.e., Monthly Maintenance Log, 3D Robotics Solo and DJI Phantom 3 Instruction Manuals ) 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 Check Six , LLC Seeks And The Reason Check Six , LLC Seeks Relief Fr om Section 91.121.
Relief from Section 91.121, entitled Altimeter settings , may be required to allow flight operations of the 3D Robotics Solo and DJI Phantom 3 UAS s , which utilize a barometric pressure sensor, GPS equipment, and a radio communications t elemetry 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 lev el (AGL), Check Six , LLC seeks the requested relief because the 3D14

Robotics Solo and DJI Phantom 3 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 l imited 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 3D
Robotics Solo and DJI Phantom 3 UAS s 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 altitud e information of the UA on the heads

- up display of the GCS.

4. Extent Of Relief Check Six , LLC Seeks And The Reason Check Six , LLC 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 3D Robotics Solo and DJI
Phantom 3 UAS s during daylight hours in visual meteorological conditions (VMC), under visual flight rules (VFR), for a total duration of approximately 14 min utes to the first point of intended landing and, assuming normal cruising speed, to fly after that for at least 5 minutes

. Check Six , LLC seeks the requested relief because without an exemption from Section 91.151(b), the flight
time duration of the batte ry powered 3D Robotics Solo and DJI Phantom 3 UAS s will severely constrain the practicality of any aerial video or still photo flight operations that Check Six , LLC proposes to conduct pursuant to this Petition.
Significantly, as set forth below, the tech nical specifications of the 3D Robotics Solo and
DJI Phantom 3 UAS s , the 3D Robotics Solo and DJI Phantom 3 operating documents, and Check Six, LLC’s proposed operating limitations, ensure that Check Six , LLC will safely operate the15

battery powered 3D Robo tics Solo and DJI Phantom 3 UAS s during daylight hours in visual meteorological conditions (VMC), under visual flight rules (VFR), with enough battery power to fly for a total duration of 14 minutes to the first point of intended landing and, assuming norm al cruising speed, to fly after that for at least 5 minutes.

5. Extent Of Relief Check Six , LLC Seeks And The Reason Check Six , LLC 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), 91.4 07(a)(1), 91.409(a)(1) & (a)(2), and 91.417(a) & (b) only apply to aircraft with an airworthiness certificate, Check Six , LLC requests relief from these
Sections because 3D Robotics Solo and DJI Phantom 3 UAS s do not require airworthiness
certificates. As set forth more fully below, the 3D Robotics Solo and DJI Phantom 3 UAS s meet the conditions of FMRA Section 333 for operation without an airworthiness certificate. Accordingly, Check Six, LLC will use trained technicians to perform maintenance, alterations , or preventive maintenance on the UAS s using the methods, techniques, and practices prescribed in
the UAS s operating documents (i.e., Monthly Maintenance Log, 3D Robotics Solo and DJI
Phantom 3 Instruction Manual s ). Furthermore, Check Six , LLC will docume nt and maintain all
maintenance records for the 3D Robotics Solo and DJI Phantom 3 UAS s
.

D. The Reasons Why Granting Check Six , LLC Request Would Be In The Public Interest; That Is, How It Would Benefit The Public As A Whole
. Granting the present Petition w ill further the public interest by allowing Check Six , LLC to safely, efficiently, and economically perform aerial video and photography of construction sites, real estate, events, landscapes, and waterscapes over certain areas of the United States.
Additi onally, use of the 3D Robotics Solo and DJI Phantom 3 UAS s will decrease congestion of the NAS, reduce pollution, and provide significant benefits to the economy. Notably, the b enefits16

of Check Six, LLC’s proposed operation of the 3D Robotics Solo and DJI Phantom 3 UAS s will be realized without implicating any privacy issues.

1. The Public Will Benefit From Decreased Congestion Of The NAS.

The 3D Robotics Solo and DJI Phantom 3 UAS s are battery powered and serve as a safe, efficient, and economical alternati ve to the manned aircraft traditionally utilized to obtain aerial imagery. By reducing the amount of manned aircraft needed to perform aerial acquisitions, an exemption allowing the use of the 3D Robotics or Solo DJI Phantom 3 UAS s 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 3D Robotics Solo
and DJI Phantom 3 UAS s 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 a ircraft 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 3D Robotics Solo DJI Phantom 3 UAS s . Conducting aeri al acquisitions with the 3D Robotics Solo or DJI Phantom 3 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 3D Robotics Solo and DJI Phantom 3 UAS s produce no air pollution, and is the most viable environmentally conscious alternative to the rotary and fixed wing aircraft that are typically utilized fo r aerial video and photography that can burn tens of gallons of17

leaded aviation fuel per hour. The 3D Robotics Solo and DJI Phantom 3 UAS s , while reducing the carbon footprint of aerial acquisitions, also eliminates noise pollution, as the UAS s are propel led by battery powered electric motors, rather than an internal combustion engine.
By using the 3D Robotics Solo or DJI Phantom 3 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 3D
Robotics Solo and DJI Phantom 3 UAS (weighing less than 3 .5 pounds with dia gonal dimension s less than 36 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 operati ons (weighing approximately 2,500 pounds with a rotor diameter of approximately 33 feet, overall length of approximately 34 feet, and a fuel capacity of 177 lbs. ).

3. Performing Aerial Video and Photography Operations With The 3D Robotics Solo and DJI Phanto m 3 UAS s Will Benefit The Economy. In addition to being safe and efficient, the DJI Phantom 3 UAS are also an economical alternative to using manned aircraft to conduct similar aerial operations. As such, operation of the
3D Robotics Solo and DJI Phantom 3 UAS s will allow United States based companies, like Check Six, LLC , 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 3D Robotics
Solo or DJI Phantom 3 UAS s is one such technology that not only allows companies greater operational flexibility compared to manned aircraft, but provides such flexibility without the high operational cost of a traditional manned aircraft.18

By operating the 3D Robotics Solo or DJI Phantom 3 UAS s , companies such as Check six, LLC, 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 3D Robotics
Solo or DJI Phantom 3 UAS s, provide 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, Check Six, LLC’s proposed operation of the 3D Robotics Solo and DJI Phantom 3 UAS s will not implic ate any privacy issues. Specifically, the 3D Robotics Solo and DJI Phantom 3 UAS s will be operated only in compliance with operating documents (i.e., Monthly Maintenance Log, 3D
Robotics Solo and DJI Phantom 3 Instruction Manual s ) which requires property o wner 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 S afety , Or How The Exemption Would Provide A Level Of Safety At Least Equal To That Provided By The Rule From Which Check Six , LLC Seeks Exemption.
1. Reasons Why The 3D Robotics Solo and DJI Phantom 3 UA S s Meet The Conditions Of The FAA Modernization and Re form 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, Check Six, LLC’s operation of the 3D Robotics Solo and DJI
Phantom 3 UAS s meet the condit ions of FMRA Section 333, and will not require an airworthiness certificate in accordance with 14 C.F.R. Part 21, Subpart H.19

Section 333 provides authority for a UAS to operate without airworthiness certification and sets forth requirements for considerin g 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 requi red by section 332 of this Act or the guidance required by section 334 of this Act. (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 o r 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 iden tified 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, Check Six , LLC submits that the 3D Robotics Solo and DJI
Phantom 3 UAS s can operate safely in the NAS pursuant to FMRA Section 333, as demonstrated by: (a) the characteristics of the 3D Robotics Solo and DJI Phantom 3 UAS s ; (b) the pilot certification requirement; and (c) the specific operating limitations.

a. The Specifications Of The 3D Robotics Solo and DJI Phantom 3 UAS s Demonstrate Its Safe Characteristic s. Neither the 3D Robotics Solo nor the DJI Phantom 3 UAS s 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.20 i. Technical Specifications Of 3D R obotics Solo and DJI Phantom 3 UAS
. The technical specifications of the 3D Robotics Solo and DJI Phantom 3 UAS s are set forth by the 3D Robotics Solo and DJI Phantom 3 Use r Manual s , att ached hereto as Appendix A and B respectively

.
ii. The 3D Robotics Solo a nd DJI Phantom 3 UAS s GPS Enabled Autonomous Flight and Navigation Modes Enable The UAS s To Remain Within A Defined Operational Area.

The 3D Robotics Solo and DJI Phantom 3 UAS s may be operated in both manual and GPS
enabled autonomous flight modes . A co mplete description of the flight and navigational modes of
the 3D Robotics Solo and DJI Phantom 3 UAS s are provided in Chapter 5, pages 25

- 32 and Chapter 7, pages 37

- 39 of the 3D Robotics Solo User Manual and in page 11 of the DJI Phantom 3
User Manual att ached hereto as Appendix A and B respectively

.
iii. The 3D Robotics Solo and DJI Phantom 3 UAS s Are Designed For Automatic Return To Home Point Or Hover In The Event Of Loss Of The Control Link Or Navigation.

If the Control Link signal is lost with the 3D R obotics Solo UAS , the GCS will display the controller signal lost alert and the 3D Robotics Solo will Return Home. If signal is recovered while returning home, the controller will display the signal recovered alert and provide the option to regain manual c ontrol by pressing the Fly button. The DJI Phantom 3 UAS will remain stationary, in flight, for 3 seconds or more when the Control Link is lost. If, after 3 seconds, the DJI Phantom
3 UAS do es not reacquire control link data from the GCS, the UAS will ass ume that the Control
Link is lost and the will return to the home position (i.e., failsafe mode) via GPS, and will des cend to the takeoff position

.21

A complete description of the 3D Robotics Solo’s aforementioned mode of operation
includ i ng low battery ret urn to home can be found on pages 35

- 36 of the 3 D Robotics User M anual attached hereto as Appendix A. A complete description of the Failsaf e Functions of the DJI
Phantom 3 UAS are set forth at pages 12 through 14 of the DJI Phantom 3 User Manua l, attached hereto as Appendix B

.
iv. 3D Robotics Solo and DJI Phantom 3 GCS And Their Operation. The overview of the 3D Robotics Solo GCS operation, specifications and flight control software is provided on pages 3

- 4, however, complete details are interspersed through out the 3D Robotics Solo User Manuel attached hereto as Appendix A.
A complete description of the operation and specifications of the DJI Phantom 3 GCS and flight control software is provided at pages 23 through 29 of the DJI Phantom 3 User Manual. DJI
Phantom 3 User Manual is att ached hereto as Appendix B

.

b. Flight Operations Of The 3D Robotics Solo DJI Phantom 3 UAS s Is Limited To The Line Of Sight Of A Certificated Pilot in Command With A Visual Observer. Check Six , LLC will only use a certificated p ilot to act as the pilot in command (PIC) of
the 3D Robotics Solo and DJI Phantom 3 UAS s . Additionally, a visual observer will assist him at
all times during flight time.

c. Flights Of The 3D Robotics Solo and DJI Phantom 3 UAS s Will Be Conducted Pursuant To Specific Operating Limitations. In seeking this exemption, Check Six , LLC proposes to commercially operate the 3D
Robotics Solo and DJI Phantom 3 UAS s for the special purpose of conducting aerial video and22

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: 3D Robotics Solo and DJI Phantom 3 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 purp ose of aerial video and photography.
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 4 00 feet above ground level (AGL), as indicated by the procedures spe cified 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 ab le 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. The use of first person view (FPV) by the PIC or visual observer ( V O) is not permitted.
7. All operations must utilize a (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 b e 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 ens ure that the VO can perform the duties required of the VO as prescribed in the operating documents

. 8. The VO 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 discrepancy23

exists between the conditio ns 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 opera tor 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 opera tor 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 ensur e 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 cond ition 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 accoun t 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, replac ement, 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.24

17. The PIC must possess at least a private pilot certificate and 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.
18. The operator may not permit any PIC to operate unless the PIC meets the operat or’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, v essels, 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 oper ations 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 re quired, 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 o n 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 mana gement 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 communic ations or loses its GPS signal, it must return to a pre

determined 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 eme rgencies 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 requirements25

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 (N

Number) 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 gov ernment 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 Administr ator 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 operat ions must be conducted at least 500 feet from all nonparticipating person s (persons other than the PIC, V O, operator trainees or essential persons), vessels, vehicles, and structures unless:

a. Barriers or structures are present that sufficiently protect no nparticipating 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 assessm ent 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, V O, 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 t o 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. Accide nts must be26

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. Check Si x , LLC 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 3D Robotics and DJI
Phantom 3 UAS s unless that PIC has demonstrated, by meeting minimum flight

- hour and currency requirements, that the PIC is able to safely operate the 3D Robotics Solo and DJI Phantom 3 UAS s in a manner consistent with the exemption, including evasive and emergency maneuvers and maintaining appropriate distances from people, vessels, vehicles and structures.
Considering Check Six, LLC’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 Exemp tion No. 11062); and the airmanship skills necessary to safely operate the 3D Robotics Solo and DJI Phantom 3 UAS s , Check Six , LLC submits that the additional manned airmanship experience of a commercially certificated pilot would not correlate
to the airm anship skills necessary for Check Six, LLC’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. Exe mption Nos. 11062, 11063, 11064, 11065, 11066, 11067, 11080, 11109, 11110, 11112, 11136, 11138, 11150, 11153, 11156, 11158, 11159, 11160, 11161).

Check Six , LLC will not allow any PIC to operate the 3D Robotics Solo or DJI Phantom 3
UAS s unless that PIC h as demonstrated, by meeting minimum flight

- hour requirements of the 3D
Robotics Solo or DJI Phantom 3 UAS training and currency requirements respectively , that the27

PIC is able to safely operate the 3D Robotics Solo or DJI Phantom 3 UAS respectively in a ma nner 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 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 equivalen t level of safety during Check Six, LLC’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 rotorcra ft 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 applic able 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 91.119.28

Exemption No. 11138 at page 15.
Accordingly, Check Six, LLC will ensure safe operations by not allowing any PIC to operate the 3D Robotics Solo or DJI Phantom 3 UAS s unless that PIC has demonstrated, by meeting minimum flight

- hour and currency requirements, that the PIC is able to safely operate the
3D Robotics Solo or DJI Phantom 3 UAS s respectively in a manner consistent with the exemption, including e vasive 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 estab lished by Section 91.7(a) will be maintained because prior to every flight, Check Six , LLC will ensure that the 3D Robotics Solo or DJI Phantom 3
UAS s are in an airwort hy condition based upon the UAS s ’ compliance with their respective operating documents a nd as stated in the conditions and limitations herein.
Additionally, the FAA has previously granted relief from Section 91.7(a) specific to UAS s , in circumstances similar, in all material respects, to those presented herein (e.g. Exemption Nos. 11062, 110 63, 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.29

The equivalent level of safety established by Section 91.121 will be maintained because the
altitude information of the 3D Robotics Solo or DJI Phantom 3 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 Check Six, LLC’s of the 3D Robotics Solo and DJI Phantom 3 UAS s 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 s at ground
level.
The FAA has previou sly granted relief from Section 91.121 specific to UAS s , 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, 11 157, 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 r esult of (1) the technical specifications of the 3D Robotics Solo and
DJI Phantom 3 UAS s ; (2) the limitations on the proposed flight operations; and (3) the location of the proposed flight operations. Accordingly, Check Six , LLC will ensure that it will sa fely operate the battery powered the 3D Robotics Solo and DJI Phantom 3 UAS s during daylight hours in VFR conditions, with enough battery power to fly for a total duration of 14 minutes to the first point of intended landing and, assuming normal cruising speed, to fly after that for at least 5 minutes.30

Here, as in Exemption No. 11109, the technical specifications of the 3D Robotics Solo and
DJI Phantom 3 UAS s ; 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 3D Robotics Solo and DJI Phantom 3 UAS provide visual warnings to the PIC at the GCS when the UAS s experience low battery volta ge. The 3D Robotics Solo’s first warning occurs at approximately 25 % remaining battery power, and again at approximately 10% remaining battery power. If the battery reaches 5%, the 3D Robotics Solo will Return to Home and, after landing, will power down i mmediately. The DJI Phantom 3
UAS’s first low battery warning occurs at approximately 33% remaining battery power, and again at approximately 10% remaining battery power. At the critically low battery level, the DJI
Phantom 3 UAS will descend and land auto matically

. 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 m anned 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 s , in circumstances similar, in all materia l 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.31

In seeking this exemption, Check Six , LLC 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 Check
Six , LLC will use trained technicians to perform maintenance, alterations, or preventive
maintenance on the U AS s using the methods, techniques, and practices prescribed in the operating documents (i.e., Manual, Monthly Maintenance Log, 3D Robotics Solo and DJI Phantom 3 respective Instruction Manual s ). Furthermore, Check Six , LLC will document and maintain all

ma intenance records for the 3D Robotics Solo and DJI Phantom 3 UAS s
.
Since the 3D Robotics Solo and DJI Phantom 3 UAS s will be inspected as prescribed by the operating documents, Check Six , LLC will maintain the equivalent level of safety established by Sec tions 91.405(a), 91.409(a)(1), and 91.409(a)(2). A copy of the 3D Robotics Solo and DJI
Phantom 3 User Manuals are attached hereto as Appendix A and B respectively ; a copy of the 3D
Robotics Solo and DJI Phantom 3 UAS s’ Maintenance LOG s are attached hereto as Appendix C.
Likewise, the exemption sought will not adversely affect safety because Check Six , LLC will use trained technicians to perform maintenance, alterations or preventive maintenance on the
UAS s using the methods, techniques, and practices pres cribed 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 3D
Robotics Solo and DJI Phantom 3 UAS s will be perfo rmed by trained technicians. Maintenance will be documented and maintained utilizing the monthly maintenance log.32

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 Check Six, LLC’s proposed operating limitations, the operating documents, and the technical aspect s of the 3D Robotics Solo and DJI Phantom 3 UAS s , Check
Six , LLC 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 previousl y 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 , Check Six , LLC requests that the FAA prescribe special conditions for the intended operation of the 3D Robotics Solo and DJI Phantom 3
UAS s , 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. Pa rt 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 s 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 nation al security; and further, provides the authority for such UAS to operate without airworthiness33

certification in accordance with any requirements that must be established for the safe operation of
the UAS in the NAS.
Likewise, the Administrator may prescri be special conditions pursuant to 14 C.F.R. § 21.16, for operation of the 3D Robotics Solo and DJI Phantom 3 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 eng ine, 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 chap ter 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 Sec tion 333 and 14 C.F.R. § 21.16, the FAA may prescribe special conditions for Check Six, LLC’s intended operation of the 3D Robotics Solo and
DJI Phantom 3 UAS s , 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 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).

F. A Summary That Can Be Published In The Federa l Register, stating: The Rules From Which Check Six , LLC Seeks Exemption : Check Six , LLC 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 Check Six , LLC Seeks:34

This exemption will permit Check Six , LLC to commercially operate an Unmanned Aircraft System (UAS) for the purpose of conducting aerial video and photography over certain area s of the United States. G. Any Additional Information, Views, Or Arguments Available To Support Check Six, LLC’s Request
. This Petition is made pursuant to the FAA Modernization and Reform Act of 2012 (FMRA) Section 333, which directs the Secretary of Transp ortation to determine if certain UAS may operate safely in the NAS. As such, Check Six, LLC’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 req uirements 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, Check Six , LLC will operate 3D Robotics Solo and DJI
Phantom 3 UAS s 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, Check Si x , LLC 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 3D Robotics Solo and DJI Phantom 3 UAS s commercially, without an
airworthiness certifica te, for the limited purpose of conducting aerial video and photography over

cert ain 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 Check Six , LLC to safely, efficiently, and economically operate the 3D Robotics Solo and DJI Phantom 3 UAS s commercially within the
NAS.35

WHEREFORE , in accordance with the Federal Aviation Regul ations and the FAA Modernization and Reform Act of 2012, Section 333, Check Six , LLC 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), 9 1.405(a), 91.407(a)(1), 91.409(a)(1) & (a)(2), and 91.417(a) & (b), and permit Check Six, LLC to operate the 3D Robotics Solo and DJI Phantom 3
UAS s commercially for the purpose of conducting aerial video and photography over certain areas
of the United St ates.

Dated: October 7 , 2015 Respectfully submitted,

//SIGNED// Jeffrey A. Landreth Managing Member Check Six, LLC 15 Beach Drive East Miramar Beach, FL 32550 850

- 231

- 7896 F

- 850

- 231

- 7836 jlandreth @ laflorida. com

Appendices :

A

– 3D Robotics Solo Manual B

– DJI Phantom 3 Manual C

– Monthly Maintenance Log36 APPENDIX A

3D Robotics Solo Manual submitted as separate document and Link to 3D Robot ics Solo Manual provided below

. htt ps://3drobotics.com/wp

- content/uploads/2015/09/v6_09_22_15.pdf37 APPENDIX B DJI Phantom 3 Manual t o o l a r g e t o u p l o a d t o C o m m e n t s i t e Link to DJI Phantom 3 Manual provided below.

http://download.dji

innovations.com/downloads/phantom_3/en/Phantom_3_Advanced_User_Manual_v1.4_en_0915.p df38 APPENDIX C

MONTHLY MAINTENANCE LOG Month:______ Year:______
UAS#:______________ Date Issue Dis covered Date Issue

Addressed Issue Description &

Maintenance Conducted Maintenance Performed By: Print & Sign
Software Updates

Airframe

Motors
Propellers

Camera Gimbal

L anding Gear
Vibration Dampening
Other: