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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 REQUIREMENTS 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)-231-7896

Fax: (850)-231-7896

jlandreth@laflorida.com
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TABLE OF CONTENTS

Page 

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

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

INTRODUCTION AND INTERESTS OF THE PETITIONER....................................................... 4

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

BASIS FOR PETITION .................................................................................................................... 5

NAME AND ADDRESS OF THE PETITIONER. ....................................................................... 7

THE SPECIFIC SECTIONS OF 14 C.F.R. FROM WHICH CHECK SIX, LLC SEEKS 

EXEMPTION................................................................................................................................. 8

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

LLC SEEKS THE RELIEF.......................................................................................................... 11

THE REASONS WHY GRANTING CHECK SIX, LLC REQUEST WOULD BE IN THE 

PUBLIC INTEREST;................................................................................................................... 15

THE REASONS WHY GRANTING THE EXEMPTION WOULD NOT ADVERSELY 

AFFECT SAFETY....................................................................................................................... 18

A SUMMARY THAT CAN BE PUBLISHED IN THE FEDERAL REGISTER, STATING: 

THE RULES FROM WHICH CHECK SIX, LLC SEEKS EXEMPTION................................. 33

ANY ADDITIONAL INFORMATION, VIEWS, OR ARGUMENTS AVAILABLE TO

SUPPORT CHECK SIX, LLC’S REQUEST .............................................................................. 34

CONCLUSION................................................................................................................................ 34
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GLOSSARY OF ABBREVIATIONS

AGL Above Ground Level

AOI Area of Interest

ATC Air Traffic Control

ATO Air Traffic Organization

AV Aerial Vehicle

CFR Code of Federal Regulations

COA Certificate of Authorization

FAA Federal Aviation Administration

FAR Federal Aviation Regulation 

GCS Ground Control Station 

GPS Global Positioning System

LOL Loss of Link 

NAS National Airspace System

NOTAM Notice to Airman

PIC Pilot In Command

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

SOP Standard Operating Procedures

UA Unmanned Aircraft

UAS Unmanned Aircraft System

VFR Visual Flight Rules

VLOS Visual Line of Site

VMC Visual Meteorological Conditions

VO Visual Observer

VTOL Vertical Takeoff and Landing
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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 

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

photography of construction sites, real estate, landscapes, waterscapes, and events over certain 

areas of the United States. 

INTRODUCTION AND INTERESTS OF THE PETITIONER

The principals of Check Six, LLC collectively have over 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 and 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 targeting

• 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 UASs
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Check Six, LLC seeks an exemption to operate the 3D Robotics Solo and the DJI Phantom 

3 systems 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 Station 

(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 lbs. while having a height

of 10.2” a motor-to-motor dimension of 18.1” and a maximum speed of approximately 48 knots.

The DJI Phantom 3 has a gross weight of approximately 2.82 lbs. while having a diagonal 

dimension of 23.2” and a maximum speed of approximately 31 knots.

The 3D Robotics 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, Identification 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 UASs 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 the 3D Robotics Solo and DJI 
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Phantom 3 UASs 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 91.405(a), 91.407(a)(1), 

91.409(a)(1) & (a)(2), and 91.417(a) & (b), as these sections set forth requirements for 

maintenance that only apply to aircraft with an airworthiness certificate. 

Check Six, LLC submits that the requested relief is proper since an equivalent level of 

safety will be ensured. Check Six, LLC will use experienced personnel or technicians to perform 

maintenance, alterations, or preventive maintenance on the UASs using the methods, techniques, 

and practices prescribed in the operating documents (i.e., Monthly Maintenance Log, the 3D 

Robotics Solo and DJI Phantom 3 Instruction Manuals). Furthermore, Check Six, LLC will 

document and maintain all maintenance records for the 3D Robotics Solo and DJI Phantom 3

UASs. 

Relief from certain requirements 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 pilot or higher level certificate and 

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 UASs in a manner consistent with 

this exemption, including evasive and emergency maneuvers and maintaining appropriate 

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 UASs 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 will 
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ensure that the 3D Robotics Solo and DJI Phantom 3 UASs are in an airworthy condition, prior to 

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

Monthly Maintenance Log, the 3D Robotics Solo and DJI Phantom 3 Instruction Manuals), 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, entitled 

Altimeter Settings, as the 3D Robotics Solo and DJI Phantom 3 UASs will not have a typical 

barometric altimeter onboard. However, altitude information of the 3D Robotics Solo and DJI 

Phantom 3 UASs will be provided to the PIC via Global Positioning System (GPS) equipment and 

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

monitoring of the flight path. This altitude information, combined with Check Six, LLC’s 

operation of the 3D Robotics Solo and DJI Phantom 3 UASs within visual line of sight, at or below 

400 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 VFR conditions. Check Six, LLC submits that 

safety will not be affected by operation of the 3D Robotics Solo and DJI Phantom 3 UASs 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 information 

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:
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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 or hire; nor 

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

(b) A private pilot may, for compensation or hire, act as PIC of an aircraft in 

connection with any business or employment if—

(1) The flight is only incidental to that business or employment; and 

(2) The aircraft does not carry passengers or property for compensation or hire. 

2. Check Six, LLC Seeks Exemption From The Requirements Of Section 91.7(a).

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

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

3. Check Six, LLC Seeks Exemption From The Requirements Of Section 91.121. 

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

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

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

operating—
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(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 prescribed 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 following: 

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

maintenance, rebuilding, or alteration unless—
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(1) It has been approved for return to service by a person authorized under § 

43.7 of this chapter[.] 

7. Check Six, LLC Seeks Exemption From The Requirements Of Sections 

91.409(a)(1) And 91.409(a)(2). 

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

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

aircraft unless, within the preceding 12 calendar months, it has had --

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

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

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

part 21 of this chapter. 

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

registered owner or operator shall keep the following records for the periods 

specified in paragraph (b) of this section: 

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

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

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

each engine, propeller, rotor, and appliance of an aircraft. The records must 

include—

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

work performed; and 

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

(iii)The signature, and certificate number of the person approving the aircraft 

for return to service. 
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(2) Records containing the following information: 

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

each rotor. 

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

rotor, and appliance. 

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

are required to be overhauled on a specified time basis. 

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

last inspection required by the inspection program under which the 

aircraft and its appliances are maintained. 

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

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

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

involves recurring action, the time and date when the next action is 

required. 

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

alteration to the airframe and currently installed engines, rotors, 

propellers, and appliances.

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

prescribed: 

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

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

work is performed. 

(2) The records specified in paragraph (a)(2) of this section shall be retained 

and transferred with the aircraft at the time the aircraft is sold. 

(3) A list of defects furnished to a registered owner or operator under § 43.11 of 

this chapter shall be retained until the defects are repaired and the aircraft is 

approved for return to service. 

C. The Extent Of Relief 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 

Relief From Section 61.113(a) And (b). 
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Relief from Section 61.113(a) and (b) entitled Private pilot privileges and limitations: Pilot 

in command, is requested to the extent necessary to allow a PIC holding a private pilot or higher 

level certificate, and who has met certain flight-hour and currency requirements, to conduct the 

proposed UAS flight operations for compensation or hire. 

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

a private pilot may, for compensation or hire, act as PIC of an aircraft in connection with any 

business or employment if: (1) The flight is only incidental to that business or employment; and 

(2) The aircraft does not carry passengers or property for compensation or hire. 

As set forth more fully below, 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 UASs unless that PIC has met certain flight-hour and currency requirements, 

demonstrating that the PIC is able to safely operate either the 3D Robotics Solo or DJI Phantom 3

UASs 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 UASs, conducted by the PIC pursuant to the grant of this Petition: (1) will be incidental to Check 

Six, LLC’s business; and (2) will not carry passengers or property for compensation or hire. 
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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 airworthiness, is requested to the extent 

required to allow Check Six, LLC to determine that the 3D Robotics Solo and DJI Phantom 3 

UASs are in airworthy condition prior to every flight by ensuring that the UASs are in compliance 

with the operating documents (i.e., Monthly Maintenance Log, 3D Robotics Solo and DJI Phantom 

3 Instruction Manuals). 

Check Six, LLC seeks the requested relief because the 3D Robotics Solo and DJI Phantom 

3 UASs 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 UASs 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 From 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 UASs, which utilize a barometric pressure 

sensor, GPS equipment, and a radio communications telemetry data link to downlink altitude 

information from the UA to the PIC at the ground control station (GCS). Since the FAA requires 

that any altitude information concerning UAS operations be reported to air traffic control (ATC) in 

feet above ground level (AGL), Check Six, LLC seeks the requested relief because the 3D 
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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 limited altitude of the proposed operations, relief from 14 CFR 91.121 is 

sought to the extent necessary to comply with the applicable conditions and limitations stated 

below. As more fully set forth herein, an equivalent level of safety will be maintained since the 3D 

Robotics Solo and DJI Phantom 3 UASs are equipped with a barometric pressure sensor and GPS 

equipment, which automatically ensures that a ground level pressure setting will be established 

prior to each flight, and provides the PIC with altitude information of the UA on the heads-up 

display of the GCS. 

4. Extent Of Relief 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 UASs during daylight hours in visual meteorological conditions (VMC), under visual 

flight rules (VFR), 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. Check Six, 

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

time duration of the battery powered 3D Robotics Solo and DJI Phantom 3 UASs 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 technical specifications of the 3D Robotics Solo and 

DJI Phantom 3 UASs, 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 the 
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battery powered 3D Robotics Solo and DJI Phantom 3 UASs 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 normal 

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), 91.407(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 UASs do not require airworthiness 

certificates. As set forth more fully below, the 3D Robotics Solo and DJI Phantom 3 UASs 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 UASs using the methods, techniques, and practices prescribed in 

the UASs operating documents (i.e., Monthly Maintenance Log, 3D Robotics Solo and DJI 

Phantom 3 Instruction Manuals). Furthermore, Check Six, LLC will document and maintain all 

maintenance records for the 3D Robotics Solo and DJI Phantom 3 UASs. 

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 will 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.

Additionally, use of the 3D Robotics Solo and DJI Phantom 3 UASs will decrease congestion of 

the NAS, reduce pollution, and provide significant benefits to the economy. Notably, the benefits 
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of Check Six, LLC’s proposed operation of the 3D Robotics Solo and DJI Phantom 3 UASs 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 UASs are battery powered and serve as a safe, 

efficient, and economical alternative to the manned aircraft traditionally utilized to obtain aerial 

imagery. By reducing the amount of manned aircraft needed to perform aerial acquisitions, an 

exemption allowing the use of the 3D Robotics or Solo DJI Phantom 3 UASs 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 UASs do not require an airport to takeoff or land. Likewise, a reduction of 

manned aircraft conducting aerial video and photography missions would result in fewer aircraft 

that must be handled by air traffic control during the ground, takeoff, departure, arrival, and 

landing phases of flight operations.

2. The Public Will Benefit From The Safety And Efficiency Of The 3D Robotics Solo 

DJI Phantom 3 UASs. 

Conducting aerial 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 UASs produce no air 

pollution, and is the most viable environmentally conscious alternative to the rotary and fixed wing 

aircraft that are typically utilized for aerial video and photography that can burn tens of gallons of 
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leaded aviation fuel per hour. The 3D Robotics Solo and DJI Phantom 3 UASs, while reducing the 

carbon footprint of aerial acquisitions, also eliminates noise pollution, as the UASs are propelled 

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 diagonal dimensions 

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 operations (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 Phantom 3 UASs 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 UASs 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 UASs 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. 
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By operating the 3D Robotics Solo or DJI Phantom 3 UASs, 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 UASs, 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 UASs

will not implicate any privacy issues. Specifically, the 3D Robotics Solo and DJI Phantom 3 UASs

will be operated only in compliance with operating documents (i.e., Monthly Maintenance Log, 3D 

Robotics Solo and DJI Phantom 3 Instruction Manuals) which requires property owner 

involvement as well as local law enforcement notification, and in accordance with the Federal 

Aviation Regulations, including the minimum altitude requirements of 14 C.F.R. § 91.119. 

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

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

The Rule From Which Check Six, LLC Seeks Exemption. 

1. Reasons Why The 3D Robotics Solo and DJI Phantom 3 UASs Meet The 

Conditions Of The FAA Modernization and Reform Act of 2012 (FMRA) Section 

333. 

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

unmanned aircraft and its operation, Check Six, LLC’s operation of the 3D Robotics Solo and DJI 

Phantom 3 UASs meet the conditions of FMRA Section 333, and will not require an airworthiness 

certificate in accordance with 14 C.F.R. Part 21, Subpart H. 
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Section 333 provides authority for a UAS to operate without airworthiness certification and 

sets forth requirements for considering whether a UAS will create a hazard to users of the NAS or 

the public, or otherwise pose a threat to national security. Specifically, FMRA Section 333 states 

the following, in part: 

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

than 180 days after the date of enactment of this Act, the Secretary of Transportation 

shall determine if certain unmanned aircraft systems may operate safely in the national 

airspace system before completion of the plan and rulemaking required by section 332 

of this Act or the guidance required by section 334 of this Act. 

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

subsection (a), the Secretary shall determine, at a minimum--

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

weight, speed, operational capability, proximity to airports and populated 

areas, and operation within visual line of sight do not create a hazard to users 

of the national airspace system or the public or pose a threat to national 

security; and

(2) whether a certificate of waiver, certificate of authorization, or airworthiness 

certification under section 44704 of title 49, United States Code, is required for 

the operation of unmanned aircraft systems identified under paragraph (1). 

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

that certain unmanned aircraft systems may operate safely in the national airspace 

system, the Secretary shall establish requirements for the safe operation of such 

aircraft systems in the national airspace system. 

In seeking this exemption, Check Six, LLC submits that the 3D Robotics Solo and DJI 

Phantom 3 UASs 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 UASs; (b) the pilot 

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

a. The Specifications Of The 3D Robotics Solo and DJI Phantom 3 UASs

Demonstrate Its Safe Characteristics.

Neither the 3D Robotics Solo nor the DJI Phantom 3 UASs 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 Robotics Solo and DJI Phantom 

3 UAS. 

The technical specifications of the 3D Robotics Solo and DJI Phantom 3 UASs are set forth 

by the 3D Robotics Solo and DJI Phantom 3 User Manuals, attached hereto as Appendix A and B 

respectively. 

ii. The 3D Robotics Solo and DJI Phantom 3 UASs GPS Enabled 

Autonomous Flight and Navigation Modes Enable The UASs To 

Remain Within A Defined Operational Area. 

The 3D Robotics Solo and DJI Phantom 3 UASs may be operated in both manual and GPS 

enabled autonomous flight modes. A complete description of the flight and navigational modes of 

the 3D Robotics Solo and DJI Phantom 3 UASs 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 attached hereto as Appendix A and B respectively. 

iii. The 3D Robotics Solo and DJI Phantom 3 UASs 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 Robotics 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 control 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 does not reacquire control link data from the GCS, the UAS will assume that the Control 

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

to the takeoff position. 
21

A complete description of the 3D Robotics Solo’s aforementioned mode of operation 

including low battery return to home can be found on pages 35-36 of the 3D Robotics User Manual 

attached hereto as Appendix A. A complete description of the Failsafe Functions of the DJI 

Phantom 3 UAS are set forth at pages 12 through 14 of the DJI Phantom 3 User Manual, 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 throughout 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 attached hereto as Appendix B. 

b. Flight Operations Of The 3D Robotics Solo DJI Phantom 3 UASs 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 pilot to act as the pilot in command (PIC) of 

the 3D Robotics Solo and DJI Phantom 3 UASs. Additionally, a visual observer will assist him at 

all times during flight time. 

c. Flights Of The 3D Robotics Solo and DJI Phantom 3 UASs 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 UASs for the special purpose of conducting aerial video and 
22

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 

purpose 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 400 feet above ground level 

(AGL), as indicated by the procedures specified in the operating documents unless a 

special request is made and approved by ATC. All altitudes reported to ATC must be in 

feet AGL. 

5. The UAS must be operated within visual line of sight (VLOS) of the PIC at all times. 

This requires the PIC to be able to use human vision unaided by any device other than 

corrective lenses, as specified on the PIC’s FAA-issued airman medical certificate or 

U.S. driver’s license.

6. The use of first person view (FPV) by the PIC or visual observer (VO) 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 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 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 discrepancy 
23

exists between the conditions and limitations contained in the grant of exemption and 

the procedures outlined in the operating documents, the conditions and limitations 

contained in the grant of exemption take precedence and must be followed. Otherwise, 

the operator must follow the procedures as outlined in its operating documents. The 

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

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

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

petitions for extension or amendment to the grant of exemption. If the operator 

determines that any update or revision would affect the basis upon which the FAA 

granted the exemption, then the operator must petition for amendment to its grant of 

exemption. The FAA’s UAS Integration Office (AFS-80) may be contacted if questions 

arise regarding updates or revisions to the operating documents. 

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

safe flight. If the inspection reveals a condition that affects the safe operation of the 

UAS, the aircraft is prohibited from operating until the necessary maintenance has been 

performed and the UAS is found to be in a condition for safe flight. The Ground 

Control Station must be included in the preflight inspection. All maintenance and 

alterations must be properly documented in the aircraft records.

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

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

functional test flight. The PIC who conducts the functional test flight must make an 

entry in the aircraft records. 

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

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

operating documents. 

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

overhaul, replacement, inspection, and life limit requirements.

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

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

alterations, and status of replacement/overhaul component parts must be noted in the 

aircraft records, including total time in service, description of work accomplished, and 

the signature of the authorized person returning the UAS to service.

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

Bulletins.

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

taken against discrepancies discovered between inspections. 
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 operator’s 

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

consistent with how the UAS will be operated under the exemption, including evasive 

and emergency maneuvers and maintaining appropriate distances from persons, vessels, 

vehicles and structures. PIC qualification flight hours must be logged in a manner 

consistent with 14 C.F.R. § 61.51(b). Flights for the purposes of training the operator’s 

PICs are permitted under the terms of the exemption. However, training operations may 

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

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

nonparticipants, and the PIC must operate the UA with appropriate distance from 

nonparticipants in accordance with 14 C.F.R. § 91.119. 

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

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

at night is required, a special request will be made at the FAA office closest to proposed 

area of operations. Flights under special visual flight rules (SVFR) are not authorized.

20. The UA may not operate within 5 nautical miles of an airport reference point as 

denoted on a current FAA-published aeronautical chart unless a letter of agreement 

with that airport’s management is obtained, and the operation is conducted in 

accordance with a NOTAM as required by the operator’s COA. The letter of agreement 

with the airport management must be made available to the Administrator upon request.

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

horizontally from a cloud or when visibility is less than 3 statute miles from the PIC. 

22. If the UA loses communications or loses its GPS signal, it must return to a predetermined location within the planned operating area and land or be recovered in 

accordance with the operating documents. 

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

accordance with the operating documents. 

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

weather conditions) there is enough power to fly at normal cruising speed to the 

intended landing point and land the UA with 25% battery power remaining.

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

Waiver or Authorization (COA) prior to conducting any operations under the grant of 

exemption. This COA will also require the operator to request a Notice to Airman 

(NOTAM) not more than 72 hours in advance, but not less than 48 hours prior to the 

operation. All operations shall be conducted in accordance with airspace requirements 
25

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

transponder requirements. 

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

number, registered in accordance with 14 C.F.R. part 47, and have identification (NNumber) markings in accordance with 14 C.F.R. part 45, Subpart C. Markings must be 

as large as practicable. 

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

control of the UA must comply with the Federal Communications Commission (FCC) 

or other appropriate government oversight agency requirements.

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

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

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

upon request.

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

and activities at all times. 

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

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

(persons other than the PIC, VO, operator trainees or essential persons), vessels, 

vehicles, and structures unless: 

a. Barriers or structures are present that sufficiently protect nonparticipating 

persons from the UA and/or debris in the event of an accident. The operator 

must ensure that nonparticipating persons remain under such protection. If a 

situation arises where nonparticipating persons leave such protection and are 

within 500 feet of the UA, flight operations must cease immediately and/or;

b. The aircraft is operated near vessels, vehicles or structures where the 

owner/controller of such vessels, vehicles or structures has granted permission 

and the PIC has made a safety assessment of the risk of operating closer to those 

objects and determined that it does not present an undue hazard, and; 

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). 

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

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

from land owner/controller or authorized representative will be obtained for each flight 

to be conducted.

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

boundaries of the operational area as defined by the applicable COA must be reported 

to the FAA's UAS Integration Office (AFS-80) within 24 hours. Accidents must be 
26

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 Six, 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 UASs 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 UASs

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 Exemption No. 11062); and the airmanship skills necessary to 

safely operate the 3D Robotics Solo and DJI Phantom 3 UASs, Check Six, LLC submits that the 

additional manned airmanship experience of a commercially certificated pilot would not correlate 

to the airmanship 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. Exemption 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

UASs unless that PIC has demonstrated, by meeting minimum flight-hour requirements of the 3D 

Robotics Solo or DJI Phantom 3 UAS training and currency requirements respectively, that the 
27

PIC is able to safely operate the 3D Robotics Solo or DJI Phantom 3 UAS respectively in a manner 

consistent with this exemption, including evasive and emergency maneuvers and maintaining 

appropriate distances from people, vessels, vehicles and structures. 

Specifically, the PIC must have accumulated and logged, in a manner consistent with 14 

C.F.R. § 61.51(b), 25 hours of total time as a UAS rotorcraft pilot (with a minimum of 5 hours of 

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

under the exemption). In addition to the hour requirements, the PIC must accomplish 3 takeoffs 

and landings in the preceding 90 days (for currency purposes). 

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

was obtained in compliance with applicable regulations will ensure an equivalent level of safety 

during 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 

rotorcraft pilot including at least 10 hours logged as a UAS pilot with a multi-rotor UAS. 

Prior to operations under Exemption No. 11062, the PIC must also have accumulated and 

logged a minimum of 5 hours as a UAS pilot operating the same make and model of UAS 

to be used for operations under the exemption. For clarification, the FAA considers these 

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

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

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

the PIC must accomplish 3 takeoffs and landings in the preceding 90 days (for currency 

purposes). The FAA finds that at a minimum, the flight-hour requirements in Exemption 

No. 11062 are appropriate to practice and build proficiency in the skills necessary to safely 

conduct the petitioner’s proposed operations. The FAA also finds that prior documented 

flight experience that was obtained in compliance with applicable regulations would satisfy 

this requirement. Training, proficiency, and experience-building flights can also be 

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

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

with appropriate distances in accordance with 14 C.F.R 91.119. 
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 UASs 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 UASs respectively in a manner consistent with the exemption, 

including evasive and emergency maneuvers and maintaining appropriate distances from people, 

vessels, vehicles and structures. 

3. Reasons Why An Exemption From The Requirements Of Section 91.7(a) Would 

Not Adversely Affect Safety. 

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

prior to every flight, Check Six, LLC will ensure that the 3D Robotics Solo or DJI Phantom 3

UASs are in an airworthy condition based upon the UASs’ compliance with their respective 

operating documents and as stated in the conditions and limitations herein. 

Additionally, the FAA has previously granted relief from Section 91.7(a) specific to UASs, 

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

11062, 11063, 11064, 11065, 11066, 11067, 11080, 11109, 11110, 11112, 11136, 11138, 11150, 

11153, 11156, 11157, 11158, 11159, 11160, 11161). 

4. Reasons Why An Exemption From The Requirements Of Section 91.121 Would 

Not Adversely Affect Safety.
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 UASs 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 UASs at ground 

level. 

The FAA has previously granted relief from Section 91.121 specific to UASs, in 

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

11062, 11063, 11064, 11065, 11066, 11067, 11080, 11109, 11112, 11136, 11138, 11150, 11153, 

11156, 11157, 11158, 11159, 11160, 11161). 

5. Reasons Why An Exemption From The Requirements Of Section 91.151(b) Would 

Not Adversely Affect Safety.

A grant of this exemption would ensure an equivalent level of safety established by 14 

C.F.R. Section 91.151(b) as a result of (1) the technical specifications of the 3D Robotics Solo and 

DJI Phantom 3 UASs; (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 safely operate 

the battery powered the 3D Robotics Solo and DJI Phantom 3 UASs 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 UASs; 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 UASs experience low battery voltage. 

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 immediately. 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 automatically.

Significantly, previous exemptions granted by the FAA concerning Section 91.151 

establish that safety is not adversely affected when the technical characteristics and operating 

limitations of the UAS are considered. Relief has been granted for manned aircraft to operate at 

less than the minimums prescribed in Section 91.151, including Exemption Nos. 2689, 5745, and 

10650. Moreover, the FAA has previously granted relief from Section 91.151 specific to UASs, in 

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

8811, 10808, 10673, 11042, 11062, 11063, 11064, 11065, 11066, 11067, 11080, 11109, 11110, 

11136, 11138, 11150, 11153, 11156, 11157, 11158, 11159, 11160, 11161). 

6. Reasons Why An Exemption From The Requirements Of Sections

91.405(a), 91.407(a)(1), 91.409(a)(1) & (a)(2), And 91.417(a) & (b) Would Not 

Adversely Affect Safety. 
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 UASs 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 Manuals). Furthermore, Check Six, LLC will document and maintain all 

maintenance records for the 3D Robotics Solo and DJI Phantom 3 UASs. 

Since the 3D Robotics Solo and DJI Phantom 3 UASs will be inspected as prescribed by 

the operating documents, Check Six, LLC will maintain the equivalent level of safety established 

by Sections 91.405(a), 91.409(a)(1), and 91.409(a)(2). A copy of the 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 UASs’ Maintenance LOGs 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 

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

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

established by Sections 91.407, 91.417(a) and 91.417(b), because all maintenance of the 3D 

Robotics Solo and DJI Phantom 3 UASs will be performed 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 aspects of the 3D Robotics Solo and DJI Phantom 3 UASs, 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 

previously granted relief specific to UAS in circumstances similar, in all material respects, to those 

presented herein (e.g. Exemption Nos. 11062, 11063, 11064, 11065, 11066, 11067, 11080, 11109, 

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

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

In accordance with Section 333 of the FAA Modernization and Reform Act of 2012 

(FMRA) and 14 C.F.R. § 21.16 entitled Special Conditions, Check Six, LLC requests that the FAA 

prescribe special conditions for the intended operation of the 3D Robotics Solo and DJI Phantom 3 

UASs, which contain such safety standards that the Administrator finds necessary to establish a 

level of safety equivalent to that established by 14 C.F.R. Part 21, Subpart H, and 14 C.F.R §§ 

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

91.417(a) & (b). Such special conditions will permit safe operation of the UASs for the limited 

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

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

UAS will create a hazard to users of the NAS or the public, or otherwise pose a threat to national 

security; and further, provides the authority for such UAS to operate without airworthiness 
33

certification in accordance with any requirements that must be established for the safe operation of 

the UAS in the NAS. 

Likewise, the Administrator may prescribe special conditions pursuant to 14 C.F.R.

§ 21.16, for operation of the 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 engine, or propeller 

because of a novel or unusual design feature of the aircraft, aircraft engine or propeller, he 

prescribes special conditions and amendments thereto for the product. The special 

conditions are issued in accordance with Part 11 of this chapter and contain such safety 

standards for the aircraft, aircraft engine or propeller as the FAA finds necessary to 

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

See 14 C.F.R. § 21.16.

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

prescribe special conditions for Check Six, LLC’s intended operation of the 3D Robotics Solo and 

DJI Phantom 3 UASs, 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 Federal 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 

areas 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 Transportation 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 requirements for considering whether a UAS will create a 

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

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

As discussed in detail above, Check Six, LLC will operate 3D Robotics Solo and DJI 

Phantom 3 UASs 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 Six, 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 UASs commercially, without an 

airworthiness certificate, for the limited purpose of conducting aerial video and photography over 

certain areas of the United States. By granting this Petition, the FAA Administrator will be 

fulfilling the Congressional mandate of the FAA Modernization and Reform Act of 2012, while 

also advancing the interests of the public, by allowing Check Six, LLC to safely, efficiently, and 

economically operate the 3D Robotics Solo and DJI Phantom 3 UASs commercially within the 

NAS. 
35

WHEREFORE, in accordance with the Federal Aviation Regulations 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), 91.405(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 

UASs commercially for the purpose of conducting aerial video and photography over certain areas 

of the United States.

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 Log 
36

APPENDIX A

3D Robotics Solo Manual submitted as separate document and 

Link to 3D Robotics Solo Manual provided below.

https://3drobotics.com/wp-content/uploads/2015/09/v6_09_22_15.pdf
37

APPENDIX B

DJI Phantom 3 Manual too large to upload to Comment site

Link to DJI Phantom 3 Manual provided below.

http://download.djiinnovations.com/downloads/phantom_3/en/Phantom_3_Advanced_User_Manual_v1.4_en_0915.p

df
38

APPENDIX C

MONTHLY MAINTENANCE LOG

Month:______ Year:______

UAS#:______________ Date Issue 

Discovered

Date Issue 

Addressed

Issue Description & 

Maintenance Conducted

Maintenance Performed By: 

Print & Sign

Software Updates

Airframe

Motors

Propellers

Camera Gimbal

Landing Gear

Vibration Dampening

Other: